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HomeMy WebLinkAbout08-1942IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, CIVIL DIVISION Plaintiff, VS. RONALD W. BAER and KRISTA K. BAER, Defendants. I hereby certify that the property to be foreclosed upon is: 114 Dogwood Drive Mount Holly, Pennsylvania 17065 Asses ent N . 40-31-2189-054 Thomas E. Reiber, Esquire Case No. 08 - 194a ?i vi l lerm COMPLAINT IN MORTGAGE FORECLOSURE Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Thomas E. Reiber, Esquire Pa. I.D. No. 41825 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK,) Plaintiff, VS. RONALD W. BAER and KRISTA K. BAER, Defendants. Case No. Q ?V I q, y ?-- IMPORTANT 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 this 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 claimed in the Complaint or 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, 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: 1-800-990-9108 or 1-717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) PENNSYLVANIA, f/k/a THE LEGACY BANK,) Plaintiff, ) vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) CIVIL DIVISION Case No. 0 ?,, ) 5 y *,,L, AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requerir que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: 1-800-990-9108 or 1-717-249-3166 NOTICE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOU RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) PENNSYLVANIA, f/k/a THE LEGACY BANK,) Plaintiff, ) vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) CIVIL DIVISION Case No. C3g'? II y?- COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES the Plaintiff, First National Bank of Pennsylvania, f/k/a The Legacy Bank, by and through its counsel, Tucker Arensberg, P.C., and files the within Complaint in Mortgage Foreclosure, in support of which it avers the following: Plaintiff, First National Bank of Pennsylvania, f/k/a The Legacy Bank (the "Bank"), is a banking association with business offices at 532-534 Main Street, P. O. Box 98, Johnstown, Pennsylvania 15907-0098. 2. Defendants, Ronald W. Baer and Krista K. Baer, are adult individuals whose last known address is 71 Cold Springs Road, Carlisle, Pennsylvania 17013. 3. On or about April 30, 2003, HealthCore, LLC by Defendants, as Members, ("Borrower") executed and delivered a U. S. Small Business Administration Note to the Bank whereby Borrower agreed to pay the Bank the principal amount of $500,000.00, together with interest thereon in the manner provided therein ("Note"). A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein. 4. The obligations evidenced by the Note are secured by a Mortgage dated April 30, 2003 ("Mortgage"), given by Defendants to the Bank, granting the Bank a security interest in certain real property located in South Middleton Township, Cumberland County, Commonwealth of Pennsylvania (the "Premises"). The Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, ("Recorder's Office") on May 7, 2003 at Book 1810, page 2430. A true and correct copy of the Mortgage, containing the legal description of the Premises, is attached hereto as Exhibit "B" and incorporated herein. 5. The Borrower is in default of the provisions of the Note for failure to make payments when due. As of February 11, 2008, payments on the Note were due for May, 2003 and all months thereafter. The last payment made on the Note was on October 17, 2006. 6. Notice pursuant to 35 P.S. §1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) and 41 P.S. §403 (Act 6 of 1974) were sent to the Defendants on February 11, 2008. A true and correct copy of the Notice is attached hereto as Exhibit "C" and incorporated herein. 7. The amount due Bank under the Note and Mortgage as of February 11, 2008 was as follows: Principal .............................................................. $264,118.67 Interest through February 11, 2008 ..................... 105,159.78 (per diem $75.2004) Late Fees ............................................................ 13,517.62 Costs ................................................................... to be added Attorney's Fees ................................................... to be added TOTAL ................................................................ $382,796.07 8. The total amount now due to the Bank under the Note as of February 11, 2008 was Three Hundred Eighty-Two Thousand Seven Hundred Ninety-Six and 07/100 Dollars ($382,796.07), plus interest accruing from February 11, 2008 at the contract rate, late charges, costs and reasonable attorneys' fees. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the total amount due of Three Hundred Eighty-Two Thousand Seven Hundred Ninety-Six and 07/100 Dollars -2- ($382,796.07), plus interest accruing from February 11, 2008, late charges, reasonable attorneys' fees as authorized by the Note, and costs of foreclosure and sale of the Premises. TUCKER ARENSBERG, P.C. Thoma§ E. Reiber, Esquire Pa. I.D. No. 41825 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 320446.1:BF 01698-120545 -3- l.. i i 4 U.S.. Small Business Administration NOTE 1 PROMISE TO PAY: In return for the LAan, Borrower promises to pay to the order of Lender the amount of FIVE HUNDRED THOUSAND AND NV100 interest on the unpaid principal balance, and all other amounts required by this Note. 2.. DBPINIIIONS: "Collateral" means any property taken as security for payment of this Note or any guarantee of this Note. "Guarantor" means each person or entity that signs a guarantee of payment of this Note "Loan" means the loan evidenced by this Note.. 'loan Documents" means the documents related to this loan signed by Borrower, any Guarantor, or anyone who pledges collateral, "SBA" means the Small Business Administration, an Agency of the United States of America EXHIBIT Dollars, % 3. PAYMENT TERMS: /f Borrower must make all payments at the place Lender designates The payment terms for this Note are: The interest rate on this Note will fluctuate., The initial interest rate is 7,500% per year. This initial rate is the prime rate on the date SBA received the loan application, plus 2,75%. The initial interest rate must remain In effect until the first change period begins,. Borrower must pay principal and interest payments of $7,547 00 every month, beginning one month from the month of initial disbursement on this Note; payments must be made on the same day as the date of initial disbursement on this Note in the months they are due. Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment, then to bring principal current, then to pay any late fees, and will apply any remaining balance to reduce principal. The interest rate will be adjusted quarterly (the "change period").. The "Prime Rate" is the prime rate in effect on the first business day of the month in which an interest rate change occurs, a published in the Wall Street Journal on the next business day. The adjusted interest rate will be 2,75% above the Prime Rate. Lender will adjust the interest rate on the first calendar day of each change period The change In interest rate is effective on that day whether or not Lender gives Borrower notice of the change. The initial interest rate must remain in effect until the first change period begins.. Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note. If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate in effect at the time of the earliest uncured payment default. If there is no uncured payment default, the rate becomes fixed at the rate in effect at the time of purchase., All remaining principal and accrued interest Is due and payable 7 years from date of Note.. Late Charge: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of up to 5% of the unpaid portion of the regularly scheduled payment. Loan Prepayment: Notwithstanding any provision in this Note to the contrary: Borrower may prepay this Note., Borrower may prepay 20 percent or less of the unpaid principal balance at any time without notice.. If Borrower prepays more that 20 percent of the Loan and the Loan has been sold on the secondary market, Borrower must: a. Give Lender written notice: b. Pay all accrued Interest; and c. If the prepayment Is received less than 21 days from the date Lender receives the notice, pay an amount equal to 21 days interest from the date Lender receives the notfce, less any interest accrued during the 21 days and.paid under subparagraph b., above. Page Y/B Bankers Systems, inc., St. 010 ud, MN j 4. DEFAUL I: l Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower or Operating Company: A . Fails to do anything required by this Note and other Loan Documents; B . Defaults on any other loan with Lender; C Does not preserve, or account to Lender's satisfaction fbr, any of the Collateral or, its proceeds; D.. Does not disclose, or anyone acting on their behalf does not disclose, any mateaial fact to Lender or SBA; E . Makes, or anyone acting on their behalf makes, a materially false or misleading representation to Lender or SBA; F. Defaults on any loan or agreement with another creditor; if Lender believes the default may materially affect Borrower's ability to pay this Note; G.. Fails to pay any taxes when due; H Becomes the subject of a proceeding under any bankruptcy or insolvency law; I. Has a receiver or liquidator appointed for any part of their business or property; J. Makes an assignment for the benefit of creditors; K Has any adverse change in financial condition or business operation that Lender believes may materially affect Borrower's ability to pay this Note; L . Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior written consent; or M. Becomes the subject of a civil or ctiminal action that Lender believes may materially affect Borrower's ability to pay this Note.. 5. LENDER'S RIGHTS IF IHERE IS A DEPAUL I: Without notice or demand and without giving up any of its rights, Lender may: A Require immediate payment of all amounts owing under this Note; B. Collect all amounts owing from any Borrower or Guarantor; C. File suit and obtain judgment; D.. rake possession of any Collateral; or B. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement. 6. LENDER'S GENERAL POWERS: Without notice and without Borrower's consent, Lender may: A Bid on or buy the Collateral at its sale or the sale of another penholder, at any price it chooses; B , Incur expenses to collect amounts due under this Note, enforce the terms of this Note or any other- Loan Document, and preserve or dispose of the Collateral. Among other things, the expenses may include payments for property taxes, prior Hans, insurance, appraisals, enviromnental remediation costs, and reasonable attorney's fees and costs. Jf Lender incurs such expenses, it may demand immediate repayment from Borrower or add the expenses to the principal balance; C. Release anyone obligated to pay this Note; C D. Compromise, release, renew, extend or substitute any of the Collateral; and E. Fake any action necessary to protect the Collateral of collect amounts owing on this Not& SBA Form 147 (06/03/02) Version 4.1 - Page 3/6 Bankers Systems; [no, St. Cloud; MN i, . r T WHEN FEDMAL. IAW APPLIES: When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations.. Lender or SBA may use state or local procedures for fling papers, recording documents, giving notice, foreclosing liens, and other purposes By using such procedures, SBA does not waive any federal immunfty, from state or local control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any obligation, defeat any claim of SBA, or preempt federal law 8. SUCCESSORS AND ASSIGNS: Under this Note, Borrower and Operating Company include the successors of each, and Lender includes its successors and assigns. 9.. GENERAL PROVISIONS: A. All individuals and entities signing this Note are jointly and severally liable- B Borrower waives all suretyship defenses C Bonower must sign all documents necessary at any time to comply with the Loan Documents and to enable Lender to acquire, perfect, or maintain Lender's liens on Collateral. D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E.. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note / F.. If any part of this Note is unenforceable, all other parts remain in effect l G. I o the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateial; impaired Collateral; or did not obtain the fair market value of Collateral at a sale. SBA Fort 147 (054302) Version 41 Page 4/8 BankeiS Systems, Inc., St. Cfoud, MN :.- - -- A 10. STATE-SPECIFIC PROVISIONS: WARRANT OF AUTHORITY TO CONFESS JUDGEMENT. Upon default, In addition to all other remedies and rights available to you, by signing below I irrevocably authorize the prothonotary, clerk, or any attorney to appear in any court of record having jurisdiction over this matter and to confess judgment against me at any time without stay of execution.. I waive notice, service of process, and process., I agree and understand that judgment may be confessed against me for any unpaid principal, accrued charges due on this Note, plus collection costs and reasonable attorneys' fees up to 15 percent of the judgement. The exercise of the power to confess judgment will not exhaust this warrant of authority to understand that my property may be seized without prior notice to satisfy the debt owed, f knowingly, Intentionally, and voluntarily waive any and all constitutional rights i have to pre-deprivation notice and hearing under federal and state laws and fully understand the consequences of this waiver. 9yTignIng Immediately below, l agree to the terms of the CONFESSION OF JUDGEMENT section. J"61_ d the J. err, M r Date 'rista K Baer, Memthr Date SBA Form 147 (0603/02) Verslon 41 Page 5/6 Bankers Systems, Ina, St. Cloud, MN i I c F-- 11. BORROWER'S NAME(S) AND SIGNATURE(S): By signing below, each individual or entity becomes obligated under this Note as BonDwer i HeatthCore, LLC L s 0 RSRT F.. Z. 1-VL.ER ,ORDER OF WDS ;: It!alt-R.AND 0©UNTY-T,11 ?3 MY 7 PM 2 4 iq 4&1) Space Above This Line For Recording Data MORTGAGE DATE AND PARTIES„ The date of this Mortgage (Security Instrument) is April 30, 2001 The parties and their addresses are: MORTGAGOR: KRISTA K. BAER 71 Cold Springs Road / Carlisle, Pennsylvania 17013 l RONALD W BAER 71 Cold Springs Road Carlisle, Pennsylvania 17013 LENDER: THE LEGACY BANK Organized and existing under the laws of Pennsylvania 2600 Commerce Drive Harrisburg,. Pennsylvania 17110 25-1838601 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiehcy of which is acknowledged; ' and to secure the Securad Debts and Mortgagor's perfotinance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender, the following described property: See Attached Exhibit "A". Being UPI # The property is located in Cumberland County at 114. Dogwood Drive, Mount Holly, Pennsylvania 17065, HeannCare LLC - - -- Pennsylvania Mortgage Initlais PA/4baoschri00623900003872038043003Y 01996 Bankers Systems, Inc., St. Cloud. MN 6q5j;tr pa EXHIBIT r? i- i I I I i Ii i r Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion. payments or third party payments made to crop producers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described tall referred to as Property)„ This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed $500,000..00. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security ..instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument., 3. SECURED DEBTS. This Security Instrument will secure the following Secured Debts: A. Specific Debts,. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note, No. 1001-02821, dated April 30, 2003, from HealthCore LLC (Borrower) to Lender, with a loan amount of $500,000,00 and maturing on April 30, 2010. B. Sums Ad-4ahced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument.. 4. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 5. WARRANTY OF TITLE, Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record.. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust; security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants„ S. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent„ 7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due:, Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment„ Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument„ Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. Pennsylvania Mortgage PA/4bseachN00H23800003872038043003Y initials ?1?Q6 -$ygej*ac? SL. Cloud, MN i Li N r ? .. >?• .:" r < h -• `:H: i4 f5ctiEW - f.71,r:o 313.r .: ? ?:4Aev:? ,f .r "?".• 7+ _ .J? .,,, ?1, ?!!t?.(??:?[r????^,tv: - ??(({{ir s.. yL ?. 914 5 sYV ?µ •? //yyti.4 ?,t'.4.:r `r^{ .'S`'F?•R t 8. DUE. ON SALE. Lender may, at its option, declare the entire balance of the Secured Debts to be immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of the Property. This right is subject to the restrictions imposed by federal law governing the preemption of state due-on-sale laws, as applicable, 8. WARRANTIES AND REPRESENTATIONS. Mortgagor has the right and authority to enter into this Security Instrument, The execution and delivery of this Security Instrument will not violate any agreement governing Mortgagor or to which Mortgagor is a party,. 10,. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will not commit or allow any waste, impairment, or deterioration of the Property.. Miirtgagor will keep the Property free of noxious weeds and grasses„ Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance.. Such replacement of personal property will be' deemed subject to the security interest created by this Security Instrument.. Mortgagor will not partition or subdivide the Property without Lender's prior written consent.. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property.. Lender will give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for'the inspection. Any inspection of the Property will be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor will not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENT'S. Mortgagor assigns, grants, bargains, conveys and mortgages to Lender as additional security all the right, title and interest in the following (ail referred to as Property). HeaithCore LLC Pemsylvanta Mortgage PA/4bseachr100623900003872038043003Y Initials 91998 Bankers systems, Inc., St- Cloud, MN Exj? I . .-. .. .. _ .. ... ??ii.'io Nk??',??r -, at?1p„.?'-r .?• '"a:,?:? :?. _ ...l::xx.??4+.?t "ate..-? "??= A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including any extensions, renewals, modifications or replacements (all referred to as Leases)„ 13„ Rents, issues and profits Call referred to as Rents), including but not limited to security deposits, minimum rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues; royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Assignor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property, In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies, The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default.. Mortgagor will not collect in advance any Rents due in future lease periods, unless Mortgagor first obtains Lender's written consent. Upon default, Mortgagor will receive any Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. When Lender so directs, -Mortgagor will endorse and deliver any payments of Rents from the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other necessary expenses.. Mortgagor agrees that this Security Instrument is immediately effective between Mortgagor and Lender and effective as to third parties on the recording of this Assignment.. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, ar its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Mortgagor or any party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will not sublet, modify, extend; cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so required) without Lender's consent: Mortgagor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent„ Lender does not assume or become liable for the Property's maintenance; depreciation, or other losses or damages when Lender acts to manage-, protect or preserve the Property, except for tosses 'and damages due to Lender's gross negligence or intentional torts. Otherwise, Mortgagor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party'obligated unifier the Leases, 13. DEFAULT. Mortgagor will be in default if any of the following occur: A. Payments. Mortgagor fails or Guarantor fails to make a payment in full when due. HeatthCore LLC t/ Pennsylvania Mortgage initials \... PA/4bseachrS00623900003872038043003Y 01996 Bankers Systems, lnc., St. Cloud, MN nq5.--W e 4 OK V8 S B. Insolvency. Mortgagor makes an assignment for the benefit of creditors or becomes insolvent, either because Mortgagor's liabilities -.exceed Mortgagor's assets or Mortgagor is unable to pay Mortgagor's debts as they become due,. C. Death or Incompetency. Mortgagor dies or is declared legally incompetent. D. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other transaction document. F.; Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has with Lender. G. Misrepresentation. Mortgagor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. Mortgagor fails to satisfy or appeal any judgment against Mortgagor„ I, Forfeiture., The Property is used in a manner or for a purpose that threatens confiscation by a legal authority.. J. Name Change. Mortgagor changes Mortgagor's name or assumes an additional name without notifying Lender before making such a change. K: Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section.. L:. Property Value, The value of the Property declines or is impaired, M. Insecurity. Lender reasonably believes that Lender is insecure„ 14. REMEDIES. Lender may use any and all remedies Lender has under state or federal law or in any instrument evidencing or pertaining to the Secured, Debts. Any amounts advanced on Mortgagor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Mortgagor's default. Subject to any right to cure, required time schedules or any other notice rights Mortgagor May have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due 'and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or anytime thereafter. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured. Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default, By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again.. 15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, Mortgagor agrees to pay all expenses of collection, enforcement or protect?i Pennsylvania Mortgage initial -1 PA/4bseaehr100623900003872038043003Y 61996 Bankers Systems, Inc., St. Cloud, MN Eat' ga 5 =i. •; .* f+,'. xx, Ii F,l.?. ei M .....fit .'7c. ,s'C .c«:wa :;a•' -.-• r•y!s?saa?• of Lender's rights and remedies under this Security Instrument. Mortgagor agrees to pay expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the Property from this Security Instrument.. Expenses include, but are not limited to, attorneys' fees, court costs and other legal expenses.. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of the Secured Debts., To the extent permitted by the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code. 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive EnAronmebial Response, Compensation and Liability Act (CERCLA), all other federal, state and local laws, regulations,` ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance,' or "regulated substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law, B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Environmental Law. D. Except as previously idisclosed 'and acknowledged in writing to Lender, Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there'is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings,. C_ Pannsylvanla Mortgage PA/4bseachri00823900003872038043003Y *1996 Bankers Systems, Inc., St. Cloud, MN 15)5gj?jj,° E. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are and will remain in full compliance with any applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing.. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substancb that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. I, Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender,. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense., K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs; penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Mortgagor will provide Lender with collateral of at least equal value to the Property secured by this Security Instrument without prejudice to any of Lender's rights under this Security Instrument.. L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property„ Any claims and defenses to the contrary are hereby waived. 17. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien documents nea?an.ore u.i. - Pennsylvania Mortgage Initials PA/4bseachri00823900003872038043003Y 11996 Bankers Systems, Inc., St. Cloud, MN 5459 ,° 6a4 18. INSURANCE. Mortgagor agrees to keep the Property insured against the risks reasonably associated with the Property:. Mortgagor will maintain this insurance in the amounts Lender requires, This insurance will last until the Property is released from this Security Instrument, What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts„ Mortgagor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld.. All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee clause." If required by Lender, Mortgagor agrees to maintain comprehensive general liability insurance and rental loss or business interruption insurance :in amounts and under policies acceptable to Lender. The comprehensive general liability insurance must name"Lender as an additional insured. The rental loss or business interruption insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing.) Mortgagor will give Lender and the insurance company immediate notice of any loss„ All insurance, proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Mortgagor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. Mortgagor will immediately notify Lender of cancellation or termination of insurance., If Mortgagor fails to keep the Property insured Lender may obtain insurance to protect Lender's interest in the Property.. This insurance may include coverages not originally required of Mortgagor, may be written by a company other than one Mortgagor would choose, and may be written at a higher rate than Mortgagor could obtain if Mortgagor purchased the insurance. 19. ESCROW FOR TAXES AND .INSURANCE. Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 20. CO-SIGNERS. If Mortgagor signs this Security Instrument but does not sign the Secured Debts, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debts and Mortgagor does not agree to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation., These rights may include, but are not limited #o, any anti-deficiency or one-action laws. 21. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all appraisement rights relating to the Property. 22. OTHER TERMS. The following are applicable to this Security Instrument: A. Additional Terms. The loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document, then under SBA regulations: When SBA is the holder of the Note, this document and all documents evidencing or securing Pennsylvania Mortgage PA/4bsmchrio0623900003872038043003Y Initials 01996 Bankers Systems, Inc , St. Cloud, MN " I .. 7. }[.?.. o_ ... ?, al .. ... n.. ._e11.:{7>_'ly.». Ty1it?'?hyy? ?}t iyM 9*'Y? ? C J -J 4r1 -?..'A3"?i .'i: ':?fJ.::?7.^'v-.fkYS: ?h?4'?`' ?i?.ti•y. '? T •g?, this Loan will be construed in accordance with federal law. Lender or SBA may use local or state procedures for purposes such as filing papers, recording documents, giving notice, foreclosing liens and other purposes. By using these procedures, SBA does not waive any federal immunity from local or state control penalty tax or liability. No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA with respect to this Loan„ Any clause in this document requiring arbitration is not enforceable when SBA is the holder of The Note secured by this instrument.. 23. APPLICABLE LAW. This Security Instrument is governed by the laws of Pennsylvania, except to the extent otherwise required by the laws of the jurisdiction where the Property is located, and the United States of America, 24. JOINT AND INDIVIDUAL. LIABILITY AND SUCCESSORS. Each Mortgagor's obligations under this Security Instrument are independent of the obligations of any other Mortgagor. Lender may sue each Mortgagor individually or together with any other. Mortgagor. Lender may release any part of the Property and Mortgagor will still be obligated under this Security Instrument for the remaining Property.. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Mortgagor. 25. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by Mortgagor and Lender, This Security Instrument is the complete and final expression of the agreement, If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable„ 26. 1NTERPRETAnON. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument.. 27. NOTICE, FINANCIAL REPORTS AND ADDITIONAL. DOCUMENTS. Unless otherwise required by law, any notice will be :given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PAATIES section, or to any other address designated in writing. Notice to one party will be deemed to be notice to all parties. Mortgagor will inform Lender in writing of any change in Mortgagor's name, address or other application information. Mortgagor will provide Lender any financial statements or information Lender requests,. All financial statements and information Mortgagor gives Lender will be correct and complete. Mortgagor agrees to sign, deliver, and file any additional. documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security instrument and to confirm Lender's lien status on any Property. Time is of the essence; PannsyNania Mortgage PA/4bseachri00623900003672038043003Y 1Ntlals °1996 Hankers systems, Inc., st Cloud, Mk ' I I e SIGNATURES. By signing under seal, Mortgagor agrees to the terms and covenants contained in this Security Instrument,. Mortgagor also acknowledges receipt of a copy of this Security Instrument. (Seal) tness Z? , (Seal) oW Baer Individually (Witness) { ACKNOWLEDGMEN'T'. (Individual) .STAtf ;i _ OF !1? L A? F SS. On jhis the d day of 1 0' 043 before me, L 6 , the undersigned officer, personally appeared Krista K, Beer , and ,-Ronald W Baer , known to me (or satisfactorily -proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained,. ., witness whereof, I hereunto set my -hand and official seal. I My commissiori expires: CherylA.R?J.?aryPu?YHc (N ic) _ ?quelmrxie 11 MY Cwv i!Si Exp1res My 29.2006 ertified*W* rem--: r within named is: 2600 Commerce Drive, _ ennsylvania 17110.. THE LE CY BANK By: Colette Bruce, Director of Commercial Services r+eMmwre ?LL; Pennsylvania Mortgage Initials PA/4b3eachri00623900003872038043003Y m1996 Bankers Systems, Inc., St. Cloud, MN E?fer,^' p go i t -., :.f•:-:e..jA .. , ;.-: ..' ..t -??,.?,?"', ? '?i Y i L 5a %?:; :?:z?.i?PG?<s-?, n7;,,a,??,,,?vs. ??:r.`2.`?"?'" q ?'? }( -iy.?,s-,,,,?_?.1 , EXHIBIT "A" 91 4 that certain tract Oland situates In South Mlddleton'[pwMhlp, Cumberland County, Pennsylvania, bounded and deawibed In accordance Wlth Flnol Subdlvfsian Plan for Holly HMIs Lit No, 31-9, which plan fs recorded In the Office of the Recorder of Deeds In and for -Cumberland County, Pennsyhranfa, in Plan -Book 60, Pao@ 122, as follows: Beginning at a point on the southern Mno of P0gwocd RrIve, which sold point Is st the northeast corner of Lot. No.' 1 on the pion of Pine Road Heights mmided in Plan Book 16, Page 51,''theme by the southern Ifni of Dogwood Drive, North 00 degrees 52. minutes 05 ¢econds East 100.00 feet ht a potht; thence by. Lnt No, 31,6. on the hersinatbove mentiones Plan, South 24 degrees 49 minutes $3 seconds East 228.88 feet to a paint thence by t.ot Nos. 28, 27 and 26 on the plan of Holly Hills roccrdad In Plan Book 50, Page 114, South tit degrees 14 minutes 30 seconds West 104..32 feet to's'potrit thence by Lot Nos. 12 and 11 on said plant of Pine Road Hstights, North 24 degrees 49 minutes 55 seconds Mot 1014 feet to a point the place of beginnina. Selig Lot No, 31--B on said Plan, and containing 04798 acres, and having thereon { enacted a dwelling house. Subject, nsvertholess, to the bultding and use restrfotlons as noted an the herahni lbove mentioned Plan; mnd Subject, further, to the existing eanltary Sewer right.;of way and the proposed tdillty/dtalnsge easement as noted on said Plan. Parcel # 40-31-2189-054 I Certify Ibis to be recorded In C;iimbefland County PA See ~"y: r Recordez ©i Deeds - _it_v:-" .._. ;y ;;"-fir z.. ? cri:'::?aL,..'"-a.#?:'f .3 ' r? J•.` _ •' ;N: Date: February 11, 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort a e on our 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 MORTGAGE ASSISTANCE PROGRAM HEMAP ma be able to hel 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 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou 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 NOTIFICATIONCION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO " HOMEOWNER EMERCENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Krista K. Baer 71 Cold Springs Road Carlisle, PA 17013 Krista K. Baer 114 Dogwood Drive Mount Holly, PA 17065 Ronald W. Baer 71 Cold Springs Road Carlisle, PA 17013 Ronald W. Baer 114 Dogwood Drive Mount Holly, PA 17065 ACCT. NO.: 100102821 ORIGINAL LENDER: The Legacy Bank CURRENT LENDER/SERVICER: First National Bank of Pennsylvania HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS EXHIBIT 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 of the date of this Notice. 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 THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS 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 a 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 counseline 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.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency 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. Your application MUST be filed or postmarked within (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency assistance are very limited. They will be disbursed by the Agency under eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives you 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 noted directly by the Pennsylvania Housing Finance Agency of its decision on your application. 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: 114 Dogwood Drive Mount Holly Pennsylvania 17065 IS SERIOUSLY IN DEFAULT because: -2- A. YOU HAVE NOT MADE THE MONTHLY PAYMENTS due for May, 2003 through February, 2008, and the following amounts are now past due: Current Principal through 01/28/08: $ 264,118.67 Interest through 01/28/08 (per diem $75.2004): 105,159.78 Late Fees (through 01/28/08): 13,517.62 Other Costs: TOTAL AMOUNT PAST DUE: $ 382,796.07 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: N/A NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE 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 $382,796.07, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES THAT BECOME 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: First National Bank of Pennsylvania Attention: Richard J. Bem, Vice President 532-634 Main Street P. O. Box 98 Johnstown, Pennsylvania 15907-0098 Telephone: (814) 532-3884 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: N/A 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 morteaee 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 the mortgaged property IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the 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 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's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If -you cure the default within the THIRTY (30) DAY period, you will not be required to pav attorney's fees OTHER LENDER REMEDIES - The lender may 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 anv time up to one hour before the Sheriff's Sale You may do so by Paving the total amount then past due, plus anv late or other charees 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 writine by the lender and by Performme -3- any other requirements under the mortgage Curing you 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 three (3) months form 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 at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: First National Bank of Pennsylvania Address: 532-534 Main Street P. O. Box 98 Johnstown, Pennsylvania 15907-0098 Phone Number: (814) 532-3884 Fax Number: (814) 532-3143 Contact Person: Richard J. Bem, Vice President 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF THE MORTGAGE - You may or XX 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. YOU MAY ALSO HAVE THE RIGHT: ® TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW THE MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS 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 THE 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 THE FEDERAL BANKRUPTCY LAW. Very truly yours, TUC ARE B RG, P.C. By: Thomas E. Reiber, Esquire Attorneys for First National Bank of Pennsylvania PC: Mr. Richard J. Bem -4- COUNSELING AGENCIES SERVING CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3`d Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg YWCA of Carlisle N. 6th Street 301 G Street Harrisburg, PA 17101 Carlisle, PA 17013 (717) 234-5925 (717) 243-3818 FAX (717) 234-9459 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 541-4670 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 318110. LBF 016986-120545 W IV V f O C? > (n > 0 `> O N p 3 r m W p tU m 7 n Err 3 3 `G A'G Jp W co 3 O CD Q D a a + m 7:E co: 1 y f?D D ° W N (D D n n ?j n (D -, A) - CD N a 3 ? a (D A y m ?I CQ o y y .O. ° w ? Q, C) W ?o v N - 3 d N m P) (D 0 0- .p o, Q <- Q w 3 xw y? _. p a N y 1 , N O S O cap O 3 : J C . 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N d 7 a Q A (Domestic Mail Only: No Insurance • .•• r ••• rl N /• / Er- For delivery information visit our website at www.usps.com Q? f I r_1 - O $ Postage. Q Postage $ r9 Certified Fee , - r-9 0 Postmark Certified Fee Return Receipt Fee Here r3 0 (Endorsement Required) O Return Receipt Fee Restricted Delivery Fee a (Endorsement Required) C3 (Endorsement Required) M Restricted Delivery Fee CO 0 (Endorsement Required) .A Tot,), Pnetar,e r - t eac cc tU -0 Total Pnetene & Fees sent; Q Ronald W. Baer ru Sent "" ""°° Krista K. Baer C3 71 Cold Springs Road Q oPPa ty, :Carlisle, PA 17013 ° or PC 114 Dogwood Drive I Mount Holly, PA 17065 U.S. Posta I Service MOM F1 . . - . (Domestic mail • . D Ln • EZ1 r-=1 I C-30 r9 -- __m Q Postage O Pnctaoe, I R r_1 1-3 Certified Fes CertifiaC Fer Q H©turn Receipt ree 'gad` r9---°-- 0 (F d rsrarnent Required) ,here C-3 RPIDrr Heceipr Fee I Q Q (Endorsement Rnquiredl I 'les(ncted uelivety Fee Q (----- -------_.._. cm (Endorsement Required) riestrtctad Uetivery Fee I CC) Q Endorsement Required) r` ra _n 1"tal rU r .A Total Postage & Foe . i C1 ru C? l Sent ? .. _. .._ Krista K. Baer en#Ronald W. Baer C3 I ",'71 Cold Springs Road i o i r.Q. ,ti , ur t. 114 Dogwood Drive ;I o pr 0'OO O 0 j 0-» 3 3 m 5 W , AU n 3 O D a e1 ? * c fe CD 33 'm ?Np C O W CO fD a M. p O N n N o ' o 'Cl j w N (D 'D CD , Q) C- 3 F O N W w S O S m O (D G 5 y O 3 C N 3 w o N C ? N fD L USE ?snpeik i ?G O X41(,-??t*- ?y • 7overage Provided) Postmadc Here w A-< ? O< mm ? a N 0m T> 3 o cc j zO /?5 y m O my 0 l°J 4 Z M, A? Ic to 0 o 1 9 W n 1 x N 0 m max o D Cl) CO D ? sv _ W _ w a N. r? aa? 3 ?' L d :S! n 'b m } r. o C) I I I ?,,. 0 I I I 0 1 v 0 C A d 2 p c d c 0 N 0 o 0 W 0 CD Q D 0 N t? C in O 1 M M n m m O C C co O D W M n M ?? ml M t=s 3 o k? s "C a v) g C« o n N OD m d' N o° 1. ---? r' j ?N, 1 I I N T I C RI, ; A AO{ < ? m m C U w OD n V ?] aA m ?j $. m < C v O ` N 0 T m c Q Q 3 i c? r> N $$ F p D •.A ?• M i T 0 Cl) D Q 0 z m O , z C rJ Z z f D '7, r o p g m m F i its M {,? Ty ,? D . I • Z ti ? 1s,.9 ra • , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) PENNSYLVANIA, f/k/a THE LEGACY BANK,) Plaintiff, ) VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) CIVIL DIVISION Case No. VERIFICATION I, Richard J. Bem, Vice President, First National Bank of Pennsylvania, do hereby depose and say, subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct upon my information and belief. I further depose and say that, in my position as Vice President, I am duly authorized to make this thorization on behalf of the Bank. ichard J. Be ice resident First National ank of Pennsylvania 320446.1:BF 11555-133586 ?? * om c? Rs ao U1 b C SHERIFF'S RETURN - REGULAR -,,.CASE NO: 2008-01942 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NATIONAL BANK OF PENNSYL VS BAER RONALD W ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BAER RONALD W the DEFENDANT , at 0950:00 HOURS, on the 1st day of April , 2008 at 66 ENCKS MILL ROAD CARLISLE, PA 17015 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention t1o the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 u.i(01 L 3 Sworn and Subscibed to before me this of day So Answers: .a R. Thomas Kline 04/02/2008 TUCKER ARENSBERG By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR 'CASE NO: 2008-01942 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NATIONAL BANK OF PENNSYL VS BAER RONALD W ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BAER KRISTA A the DEFENDANT at 0930:00 HOURS, on the 1st day of April 2008 at 71 COLD SPRINGS ROAD CARLISLE, PA 17015 by handing to AARRON KREBS, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 -41011/ck(;L21 00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 04/02/2008 TUCKER ARENSBERG By: Deputy Sheriff A. D. FIRST NATIONAL BANK OF PENNSYLVANIA f/k/a THE LEGACY BANK, Plaintiff V. RONALD W. BAER and KRISTA K. BAER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO: 08-1942 CIVIL DIVISION ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, come the Defendants, Ronald W. Baer and Krista K. Baer, by and through their counsel, Cunningham & Chernicoff, P.C., and submit their Answer to Complaint in Mortgage Foreclosure as follows: 1. Admitted. 2. Admitted. 3. This allegation refers to a writing attached to the Complaint in Mortgage Foreclosure. The writing is the best evidence concerning the subject of such an averment. 4. This allegation refers to a writing attached to the Complaint in Mortgage Foreclosure. The writing is the best evidence concerning the subject of such an averment. 5. Denied. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendants believe, and therefore aver, that all payments made to date may not have been properly credited and a strict accounting of all payments received, applied and alleged to be due and owing is demanded, if relevant, at the time of trial. 6. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. 7. Denied. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendants believe, and therefore aver, that all payments made to date may not have been properly credited and a strict accounting of all payments received, applied and alleged to be due and owing is demanded, if relevant, at the time of trial. 8. Denied. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. By way of further answer, Defendants believe, and therefore aver, that all payments made to date may not have been properly credited and a strict accounting of all payments received, applied and alleged to be due and owing is demanded, if relevant, at the time of trial. WHEREFORE, Defendants, Ronald W. Baer and Krista K. Baer, hereby respectfully request that this Honorable Court dismiss with prejudice Plaintiff s Complaint in Mortgage Foreclosure and grant Defendants such further relief as is Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: April 24, 2008 Attorney ID No: 87365 2320 North Front Street RPR-23-2008(WED) 11:59 RLMA MeditalDBA X 717 241 3024 N.uu --.._..u........, . ..... 04:45-18 p.?n. 04-21.200a 313 VF. ATION 1, Krista K. Baer verify that the statements made in the foregoing ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE arc true and correct to the best of my knowledge, information and belief. I understand that false statements arc made subject to the penalties of 18 Pa_C.S.§ 4904 relating to unsworn falsification to authorities. Date: Ql ?? $y: ! Krista K. Baer APR-24-2008 02:41A FROM: TO -1' 1,,, vi a 1,' ' 11111111110 1 3 111 moo, INgifl n4 11, (A p m -J .' Rw,l J b VERIFICATION 1. Ronald W Baer verify that the statements made in the foregoing ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE are true and correct to the hest of my knua ledge, information and belief. I understand that false statements arc made subject to the penalties of 18 Pa.C S.§ 4904 relating to uns-wom falsification to authorities. Date. _ n By: w ?.. _. 1, Ronald W. Baer CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant, with the law firm of Cunningham & Chernicoff, hereby certify that a true and correct copy of the ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE was served by first-class mail, postage prepaid, on the following: Thomas E. Reiber, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 Date: April 24, 2008 CUNNINGHAM & CHERNICOFF, P.C. By: UWUALA, (,Ii Julieanne Ametrano F:\Home\KKNIGHTIDOCS\KristaBaer\Ist National Bank\Answer to t ' C) --n - v, PRAFCIPE FOR USI'ING CASE FOR TRIAL (Must be typewritten and submitted In duPlicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Plow list die following case: for JURY trial at the next teem of civil court. %far trial without a JwT. CAPTION OF CASE (extire capdox must he stud in fug FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, check one) Civil Action - Law Appeal from arbitration (off) Indicate trial counsel for other parties if known: (Plaftitiff) VS. RONALD W. BAER and KRISTA K. BAER, ;(Defendant) VS. The trial lint will be called on and --- Trials commence on Preb iais wM be held on (BHO ww due S days before prifak No. 08 - 1942 Term Indicate the attorney who will try case for the party who files this praecipe: Thomas E. Reiber, Esq., 1500 One PPG Place. Pittsburah, PA 15222 Robert E. Chernicoff. Esa.. 2320 North Front This case is ready for trial. ell- Date: Jug 2,7 2xv?r 17110 Attorney for: First National Bank of PA Plaintiff Printxame: Thomas E. Reiber w Ij c c r°- ?c b Cm ? r -o r S CD o w FIRST NATIONAL BANK OF : IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, f/k/a : CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, Plaintiff V. RONALD W. BAER & KRISTA BAER, 2008 - 1942 CIVIL TERM Defendants CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 24TH day of JULY, 2008, a pretrial conference in the above-captioned matter is SCHEDULED for &) L14j1.,-jA 1 L*d '.M , in Courtroom # 3 of the A!-'?74;0 I If JI Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. TRIAL in the matter will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. By"'the Coutt, THOMAS E. REIBER, ESQUIRE v ROBERT E. CHERNICOFF, ESQUIRE COURT ADMINISTRATOR (20P ! 'e-S P-A at 7/?YioB Edward 'E . Guido, J. 7rr °;'ti?1 ;P,Cs,IAl ! Z :C Nd ? z I(lp HE -MH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NAITONAL BANK OF PENNSYLVANIA f/k/a THE LEGACY BANK, Plaintiff, CIVIL DIVISION No. 08-1942 knk? RONALD W. BAER and KRISTA K. BAER, Defendants. AMENDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the PLAINTIFFS PRETRIAL MEMORANDUM was served via United States Mail this 10 day of August, 2008 on the following: Robert E. Chemicoff, Esquire Cunningham & Chemicoff, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (Attorney for Defendants) with a copy by e-mail to Robert E. Chemicoff, Esq. at rec@cclawpc.com Thomas E. eiber am H C ` ° C) -77 " w w FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff V. RONALD W. BAER and KRISTA BAER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1942 CIVIL TERM CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE A pretrial conference was held Wednesday, August 20, 2008, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was Thomas E. Reiber, Esquire. Present for the Defendants was Kelly M. Knight, Esquire. This is a mortgage foreclosure action in which the only issue is the amount owed. The trial in this matter will be held before this court on Monday, October 13, 2008, at 9:30 a.m. The parties anticipate that two hours is sufficient time in which to try this matter. Plaintiff is directed to send a statement of the account history to Defendants' counsel within 10 days of today's date. Defendants' counsel is directed to respond, with specificity, as to what objections Defendants have to the amounts owed within 20 days. We will focus upon those issues at trial. If the parties are able to reach a stipulation as to the amount owed, that would be very much encouraged. We will then enter an order confirming that stipulation. tEL,{ `i b C -- 1 ! WV 1 Z OAV ON 34 :io '?hOmas E. Reiber, Esquire (((Tucker Arensberg, P.C 1500 One PPG Place Pittsburgh, PA 15222 Fo the Plaintiff elly M. Knight, Esquire unningham & Chernicoff, P.C. P.O. Box 60457 2320 North Second Street Harrisburg, PA 17106-0457 For the Defendants srs ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA f/k/a THE LEGACY BANK, Plaintiff, CIVIL DIVISION No. 08-1942 vs. RONALD W. BAER and KRISTA K. BAER, Defendants. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the attached payment history was served via United States Mail this 27 h day of August, 2008 on the following: Kelly M. Knight, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (Attorney for Defendants) *4vk--- Thomas . Reiber BANK FIN:333971-1 016986-120545 TUCKER I ARENTSBERG i Attorneys August 27, 2008 Kelly M. Knight, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Re: Legacy Bank v. Baer Case No. 2008-1942 Dear Ms. Knight: Thomas E. Reiber 412.594.5563 treiber@tuckerlaw.com Pursuant to the Judge's Pretrial Conference Order dated August 20, 2008, enclosed please find an Account History for the Healthcore loans from May, 2003 through August 18, 2008. Please note that the conversion of this loan from Legacy Bank to First National Bank of Pennsylvania occurred on or about May 27, 2006, which is the reason for the change in appearance of the Loan History. I look forward to the Defendant's response to this History as required in the Court Order. Very truly yours, cn,F7, P.C. Thomas E. Reiber TER:tse Enclosure cc: Richard J. Bern (w/o encl.) BANK FIN:333517-1 016986-120545 B04K:' The Wjacy BM Aca mt History RUn Date: 06-03-2006 Report: NM_HLST For selected Account Types Poet Date: 05-30-2006 Page: 3808 of 8071 Account Ibr Rtxn Mbr Description Poet Date {..... 9Umd Twornti.on-----.! i-------- Balance Inf0rsatj4W -------_-? Pasant float Permt Rtan Parent Dasoript'son aff Date Pend lunn Clrg Fund Het sat Dole" nmiug Child Acct Child Rtxn Child Description NJIM Type Dtl Code Aeauat Cat Type Aemant Balance JIB Queue Appi Type Traee M *u Trap AmAmt Chect !br CBox CStat &V - Ntvk Lode Act Date/Time 100102821 2SOO New wan Disbursement 05-23-2003 BL IM IMRD -500,000.00 HOTS BAL SO0,000.00 0.00 None VON 05.06-2003 500,000.00 100001775 3935 Realthdore U.C. Ac:ctg3O0 CML /SHAY 0 263 m8B -500,000.00 60 C 3S66-iSS 05-23-2003 12:55 100102021 2604 Regular Payment 07-11-2003 8L 73RR INED 7,547.00 0078 IN -6,875.00 500,000.00 Moms None 07-11-2003 mm DAL -612.00 499,328.00 kne None CI L /suv 0 371 Sna 7,547.00 30 C 1018-186 07-11-2003 14:28 100102821 2SOO Regeter Payment 08-06-2003 DL Ilm I= 7,547.00 MOTE IMP -2,704.69 4991328.00 now Nona OS-06-2003 N078 BM -4,842.31 494,485.69 Nome Mode CNL /86AV 0 371 sm 71547.00 ISO C IS239-1021 08-06-2003 15:32 100102821 2514 Reg01Ar Payment 09-30-2003 RL iMfR DO 7,547.00 NM IMP -5,410.74 494,485.69 None Saw 09-30-2003 NOTE BAL -2,128.26 492,357.43 Nome Mone CIM, /SBAV 0 371 Swr 7,547.00 30 C 1019-116 09-30-2063 07;53 100102821 2518 Rmjuar Payment 10-30-2003 BL DM DO 7,547.00 NOTE IMt -2,769.51 492,357.43 Now MOne 10-30-2003 NORM DAL -4,777.49 487,579.94 Nome MOne CIL AM 0 371 ow 7,547.00 140 C 15239-1021 10-30-2003 09:45 100102821 2524 Regular Payment 12-01-2003 IL IM IMBD 7,547.00 NM 33R -2,651.22 497,S79.% Kane Mane 11-28-2003 NOTE ML -4,895.78 482,684.16 180102821 2523 VAWlied Dioursamest off, /say 0 253 SHIP 7,547.00 9 C 6872-1061 12-01-2083 08:29 100102821 2527 Regular Payment 12-16-2003 BL DM DW 7,541.00 MM INT -1,538.55 482,684.16 How None 12-iS-2003 NOTE on -6,008.45 476,673.71 100102821 2528 Unapplied Disbursement CNL /SDAV 0 2S3 STIR 7,547.00 9 C 6872-1061 12-16-2003 12:20 100102821 2530 Regular Psymeet 01-13-2004 BL IMIR DU 7,547.00 MOTS IIR -2,591.92 476,675.71 home Nome 01-13.2004 NOTE BAL -4,955.08 471,720.63 Nome Nome Cm /BDAV 0 250 SPW 7,547.00 116 C 15829.1262 01.13-2004 08:22 BM: Tlhe L,e9acy Bank ACWM MistorV Run Date: 06-03-2006 Report: W =T For Selected Account Types Post Date: 05.30.2006 Page: 3809 of 8071 ACCOUnt Nbr Rtxn Nbr Description Poet Date (•_---PSnd Information------J ?.-------Balance Information---------) Pareat ACCt Parent Rtsn Parent Deecriptica aft Date Band Fm Clrg Pnsa 881 Bal Balance ROD* Wild Amt Child Rtan Child Description 10/Ni Type Dtt Cede mm m eat Type AmOUPt Balance MB Q MW APPI TYPO TYaoe NWOU Tran AmOUnt Check Nbr Om CStat sap - Ntut Mode kt Date/Timc 100102821 2535 Reguur Payment 02.18-2004 SL IMIR DIED 7,547.00 NOTE rWr -3.095.67 471,720.63 None lone 02-17-2004 MOTE ML -4,451.33 467,269.30 100102821 2536 Onapplied Diehursement CNL /SUV 0 253 SPNT 7,547.00 9 C 6872-1061 02-18-2004 09:47 100102021 2S42 Regular Payment 03.19-2004 SL IJM INN) 61037,60 Sm IMT -2,628,39 467,269.30 NM None 03-18-2004 MOTH ML -3,409.21 463,860.09 100102021 ZS43 Dnapplied Disbursemeaet CNL /SHAY 0 253 SI181' 6,037.60 9 C 6872-1061 03-19-2004 13.20 100102821 2544 Payneat ReverOal 03-23-2004 SL IIM DAD -6,037.60 MM DAL 3,409.21 463,860.09 None Sons 03-18-2004 MOTE In 2,628.39 467,269.30 None None (1M, /SBAT 0 2S3 RPNT -6,037.60 9 C 6872-1061 03-23-2004 14s41 100102021 2546 Regular Payment 03.23-2004 ML IIM DOD 7,547.00 MOTS 1" -2,628.39 467,269.30 NOW Nsse 03.10-9004 NOTS MpL -4,918.61 4621350.69 None None CNL /BBAV 0 253 Swa 7,547.00 9 C 6872-1061 03-23.2004 14:43 100102821 2550 Regular Payment 04-29-2004 31, INN INBD 7,547.00 MM M -3,641.01 462,350,69 Mani an 04-29-2004 SOTS ul, -3,905.99 468,444.70 Sore None CM, /"AV 0 250 S9tff 7,547.00 116 C 16029-1263 04-29-2004 09,01 100102821 2554 Regular Payment 05-2$-2004 RL IWR INV 7,547.00 NM IMT -2,148.96 458,444.70 None lone 05-24-2004 NOTE DAL -5,398.04 453,046.66 100102821 2555 984pplied DiMm"ment OL /BBAV 0 253 am 7,547.00 65 C 26733-3270 05-15-2004 08:46 100102821 2560 Regular Payment 07-26.2004 17, INK DW 91999.34 BMW -5,096.77 453,046.66 None owe 07-23.2004 NOTE BAt, -4,902.37 448,144.09 None now CNL /SBAV 0 253 Sm 9,999,34 231 C 26733-3270 07.26-2004 14:45 100102821 2562 Regular Payment 00-U-2004 ML IWR INID 51286.11 NOTE IRT -1,596.51 448,144.09 None Name 08-11-2004 MOTE BAL -3,689.60 444,454.49 NO" None OIL /SBAV 0 250 SPNP 5,286.11 11 C 32-3179 06-11-2004 14;40 Bank; The laiw Bank Account History Run Date: 06-03-2006 Report: M! MIST Por selected Account Types Post Date: OS-30-2004 Pegs: 3810 of 8071 Acmmt My Rtxn Or Description Post Date (-----Puna Information------f -------- Balance Infarwetion......... ? Parent Acct Parent Rtxn Parent Description Bff Date Fund Ana Cirg Fund Dal Rat Balance Running Child Mkt Child Rtxn Child Baseription Hyxi Type Du Cone Amount Cat Type Amount Balance NB WOOS APPi lppe Traces MOW Tram Amulet Check Bbr Ckx CStat Bap - Ntek Node Act Date/Tin 100102021 2567 Regular Payment 09-24-2004 BL I= INBD 9,437.35 NDTE INr -466.69 444,464.49 Nose None 09-24-2004 IOU BAL -8,770.66 435,683.03 100015619 8413 Withdrawal CNL /SBAV 0 2S3 SPNT 9,437.35 231 C 26733-3270 09-24-2004 11:21 100102821 2568 Regular Payment 09.24-2004 EL IRM 111ED 87.72 NOTE INT 0.00 435,683.83 xm None 09-24-2004 NDTB BAL -87.72 435,5%.11 100033299 8760 Withdraws Cm /SBAV 0 253 SPILT 87,72 231 C 26733-3270 09-24-2004 11:22 100102821 2586 Principal Receipt 10-28-2004 U 1NRR DO 7,738.45 HORS BAL -7,738.45 435,596.11 None mme 10-26-2004 427,857.66 100000050 52738 Healthcare LLC 5001-0282 OH, /SBAV 0 253 PRCT 7,738.45 231 C 26733-3270 10-28-2004 15:36 100102821 2613 PrincipaL Receipt 1242-2004 CR& L b 10,721.00 NOTE BAL -10,721.00 427,857.66 "me Now 12-02-2004 417,136.66 some None OIL /Buy 0 253 PRCT 10,721.00 33S C 20649-1129 12-02-2004 11:18 100102821 2420 Payment Reveres 12-00-2004 BL INU D41D -10,721.00 ROTE SAL 10,721.00 417,136.66 Nubs None 12-02-2804 427,857.66 None None CAL /SBAV 0 253 IPNT -10,721.00 231 C 26133-3270 12-e8-20% 09;34 100102821 2621 Priacipaz Receipt 12-08-2004 BL INTR DW 7,738.45 NM SAL -7,738.45 427,657.66 NM None 12-02-2004 420,119.21 None Now CNL /SBAv 0 253 PRCT 7,731.4$ 231 C 26733-3270 12-08-2004 09:35 100102821 2653 Principal Receipt 01-18-2005 CRK b L. 7,738.45 NOTE BAL -7,738.45 420,119.21 None mm 01-18-2005 412,380.76 None None OL /BBAv 0 253 PICT 7,738.45 231 C 26733-3270 01-18-2005 13:10 100102821 2670 Principal Receipt 02-03-2005 CRK b L 10,721.00 NOTE SAL .7,738.45 412,380.76 am Rome 02-03-2005 EL Im 1NBD -2,982.55 404,642.31 None Now CIL /SUV 0 2S3 PRCT 7,738.45 231 C 26733-3270 02.03-2045 10:13 Bak.' The Lergacy Batuc Account DistorV Run bate: 06-03-2086 Report. NN-KW For Selected Account 7ypee Poet Date: 05-30-2006 Page: 3611 of 8071 Account Nbr Rum Nbr Description Post Date (--- --Fund Intor*ation--.... ? 4--------BalanCe IatOrMtion.........I Parent ma Parent Itm Parent Description Sff Date Pund Fund Cirg Fund Bu Sal Balance harm" Child noel (l" Abut Child Description NJ/Ni " Dtl Code Amount Cat type mw mt "lance NB QDeae Apps Type Tram Number Tran Amount Owe Or am am Sep ltwx Node Act Date/TLte 108102821 2728 Principal Receipt 04-84-2005 SL IB78 MID 7,736.15 NOSE UL .7,738.45 404,642.31 None None 03-03-2005 396,903.86 None None OL /BBAV 0 2S3 PRC7 7,738.4S 231 C 26733-5616 04-03-200S 12:22 100182021 2733 PriNcipal Receipt 04-06-2005 CSR L L 10,721.00 IM SAL -7,738.45 396,903.86 DOIN Noes 04-06-2805 IL INIR 1NBD -2,982.55 389,165,41 NOW None Cm /88AV 0 253 PRCf 7,736.45 231 C 26733-5616 04-06-2885 10:46 100102821 2753 Principal Receipt 4S-02-2005 COK 4 b 10,721.00 NM UL -7,738.45 389,165.41 Nate None 05-02-2005 IL I= INBD -2,982.SS 381,426.96 None None m /SBAV 0 253 PM 7,738.0 231 C 26733-5616 05-02-2005 10:54 100102821 2770 Principal Receipt 06-02-2005 CRR L z 10,721.00 NM SAL -7,738.45 381,426.96 Nate Nerve 06.02-2005 lb IIWT IIND -2,982.55 373,688.51 None No Cm 18BAv 0 253 PRCT 7,738.45 231 C 26733-5616 06-02-2005 11:17 100102821 2797 Principal Receipt 06-30-2005 IL DD.'R DED 7,802.95 NOTE ME, .7.802.95 373,608.51 None Noce 06.30-2005 365,885.56 None Done OL /SBAV 0 253 "a 71882.95 131 C 26733-5616 06-30-2005 12106 100102821 2813 Principal Receipt 08-01-2005 CBR L L 10,721,00 N078 BAL -7,802.95 365,885,56 None NOae 08-01-2005 EL INTR INSD •2,918.05 358,082.61 None am OL /BBAV 0 2S3 PACT 7,802.95 231 C 26733-5616 06-01-2005 14:23 100102821 2845 Principal Receipt 09-06.2005 CDR L L 10,721.00 Nm Am -7,802.95 358,082.61 None None 09-02-2005 IL INTI IMID -2,918.85 350,279.66 None None OIL /SBAV 0 253 PRCr 7,802.95 211 C 26733-5616 0-06-2005 10.16 100102821 2862 Priccipai Receipt 09.28-2005 CK L !. 10,721.00 NO7I ML -7,802.95 350,279.66 None NXM 09-28-2005 IL INTR DW -2,918.05 342,476.71 None NOM OL /88AV 0 2S3 PICT 7.802.95 331 C 26733-5616 09-28-2006 12:10 Bm : The Lepcy RM Account History Ron Date: 06-03-1006 Reportt mfl RIBT Box Besanted Amount Types Post Date= OS-30-2006 Page: 3811 of 9071 Aowunt Mr Ibm ft Description Post Date I----- Nad inforsation------I --------Balance rnforoation---------{ Parent AM Parent Rt= Perot Description Aff Date Pod Pend Clrg am Bat Bal Betance Riming Child Aaat Chile Abm Child Description MJ/mi Type Dti Code Anoint at Type AMMO BaLswx M omae Apps Type Trace MMM Tram A?oant Checx Or Om Mat Up - Nt* lode Act Date/fise 200102912 2997 Brimcipat Receipt 11-02-2005 CBL n 10,721.00 am DAL -71002.96 342,476.71 Nome None 11-02-1005 BL nM DEED -3,918.05 334,673.76 Nome Dome CML /88Ay 0 253 PACT 7,$02.95 231 C 16733-5616 11-02-2005 09:28 100102821 3011 Principal Receipt 04-28-2006 CHA L L 25,363.20 PM UL -25,363.20 334,673.76 None None 04-28-2006 309,310.S6 Name None OIL /Waxy 0 20 PRCT 25,363.20 231 C 16733-5616 04.28-2006 09:33 1 Print Note 100102821 - HEALTHCORE LLC [01] HEALTHCORE LLC 47 W POMFRET ST CARLISLE PA 17013-3217 Account Title: LEGACY Tax Name: [1] HEALTHCORE LLC Account Classification Rel Sirthdate Page 1 of 2 Phone Tax Identification Portfolio: 33400184 Responsibility Code: [1480] ROBERT ENGEL Line: 33400184 Purpose Code: [510] COMMERCIAL PURPOSE-US domicile Product: [563001] COMMERCIAL Collateral: Multiple TAXABLE OTHER ADJUSTABLE Accounting Branch: [3262] CAPITAL-LENDING Presentmerrts No Presentments for Account Customer Date Description Transaction Principal Interest Prindpal Amount Balance May 06, 2003 Original Rate Interest Rate: 10.2500% May 06, 2003 CHECK $500,000.00 $500,000.00 $500,000.00 May 06, 2003 Principal Payment $500,000.00 $500,000.00 $0.00 May 27, 2006 Principal Increase (Conversion) $309,310.56 $309,310.56 $309,310.56 May 27, 2006 Late Charge (Manual) $5,359.46 $309,310.56 Jun 06, 2006 Rabe Change Interest Rate: 10.7500% Jun 16, 2006 Automatic Late Charge $395.32 $309,310.56 Jul 17, 2006 Automatic Late Charge $395.32 $309,310.56 Aug 16, 2006 Automatic Late Charge $395.32 $309,310.56 Sep 06, 2006 Rate Change Interest Rabe: 11.0000% Sep 18, 2006 Automatic Late Change $395.32 $309,310.56 Oct 16, 2006 Automatic Late Charge $395.32 $309,310.56 Oct 17, 2006 Principal Payment $45,191.89 $45,191.89 $264,118.67 Nov 16, 2006 Automatic Late Charge $395.32 $264,118.67 Dec 18, 2006 Automatic Late Charge $395.32 $264,118.67 Jan 16, 2007 Automatic Late Charge $395.32 $264,118.67 Feb 16, 2007 Automatic Late Charge $395.32 $264,118.67 Mar 16, 2007 Automatic Late Charge $395.32 $264,118.67 Apr 16, 2007 Automatic Late Charge $395.32 $264,118.67 May 16, 2007 Automatic Late Charge $395.32 $264,118.67 Jun 18, 2007 Automatic Labe Charge $426.79 $264,118.67 Jul 16, 2007 Automatic Late Charge $426.79 $264,118.67 Aug 16, 2007 Automatic Late Charge $426.79 $264,118.67 Sep 17, 2007 Automatic Late Charge $426.79 $264,118.67 Oct 16, 2007 Automatic Late Charge $426.79 $264,118.67 Nov 16, 2007 Automatic Late Charge $426.79 $264,118.67 Dec 06, 2007 Rate Change Interest Rate: 10.2500% Dec 17, 2007 Automatic Late Charge $426.79 $264,118.67 http:// 110.20.6.1901LAS_LAS 1151 /LAS 1151. aspx?Action=PRINT&XMLGuid=1 B E2A8... 8/22/2008 Print Date Description Jan 16, 2008 Automatic Late Charge Feb 19, 2008 Automatic Late Charge Mar 06, 2008 Rate Change Mar 17, 2008 Automatic Late Charge Apr 16, 2008 Automatic Late Charge May 16, 2008 Automatic Late Charge Jun 06, 2008 Rate Change Jun 16, 2008 Automatic Late Charge Jul 16, 2008 Automatic Late Charge Aug 18, 2008 Automatic Late Charge Transaction Amount $426.79 $426.79 Interest Rate: $426.79 $426.79 $426.79 Interest Rate: $425.95 $425.95 $425.95 Principal Interest 8.7500% 7.7500% Page 2 of 2 Principal Balance $264,118.67 $264,118.67 $264,118.67 $264,118.67 $264,118.67 $264,118.67 $264,118.67 $264,118.67 http://l 10.20,6.190/LAS_LAS1151/LAS 115l.aspx?Action=PRINT&XMLGuid=IBE2A8... 8/22/2008 Print Note 100102821 - HEALTHCORE LLC [01] HEALTHCORE LLC 47 W POMFRET ST CARLISLE PA 17013-3217 Pagel of 3 Rai Sirthdate Phone Tax Identification * [B](717) 241-4449 EIN 25-1873268 Account Tltle: LEGACY Tax Name: [1] HEALTHCORE LLC 25-1873268 Account Classh7cation Portfolio: 33400184 Responsibility Code: Llne: 33400184 Purpose Code: Product: [563001] COMMERCIAL Collateral: TAXABLE OTHER ADJUSTABLE Accounting Branch: [3262] CAPITAL-LENDING Warnings Partially Charged Off Date Non-Accrual: May 26, 2006 Collection Past Due Status: In Bankruptcy Placed Priority Miscellaneous Dem"ptton CALL LOAN OPERATIONS FOR PAYOFF Responsibility Code: [1480] ROBERT ENGEL Miscellaneous Code: [0] Addenda: 2 SBA Responsibility Code: [1480] ROBERT ENGEL Miscellaneous Code: [0) Addenda: 3 Summary Principal Balance: Interest Balance: Net Payoff: Current Late Charge Balance: Extra Interest: Participation Balance: Net Principal: Active Principal: Charged Off Principal: Payments Scheduled: Payments Billed: Payments Made: Times Extended: Times Renewed: Times Past Due 0-29 Days: $264,118.67 $0.00 $399,006.81 $16,502.63 $118,301.51 $45,978.42 $218,140.25 $180,449.67 $83,669.00 47 27 0 35 Interest Method: Current Payment Due Date: Current Payment Due Amount: Date Last Payment: Amount Last Payment: Current Days Past Due: Total Amount Due: Total Amount Past Due: Payment Frequency: Regular Payment Amount: Current Rate Over: One Day's Interest: Original Note Amount: Original Note Date: Maturity Date: [1480] ROBERT ENGEL [510] COMMERCIAL PURPOSE-US domicile Multiple [6] 365/360 Payments P&I Jun 06, 2006 $7,906.42 Oct 17, 2006 $45,191.89 BOB $239,367.29 $222,864.66 Monthly $7,906.42 7.7500% $56.8588 $500,000.00 May 06, 2003 Apr 06, 2010 http:// l 10.20.6.190/LAS_LAS 1151 /LAS 1151.aspx?Action=PRINT&XMLGuid=1 BE2A8... 8/22/2008 - Print Page 2 of 3 Times Past Due 30-59 Days: 35 Contract Date: May 06, 2003 Times Past Due 60-89 Days: 23 Months To Maturity: 19.5 Times Past Due 90+ Days: 24 Date Accrued Through: Aug 21, 2008 Date Last Transaction Aug 18, 2008 Activity: Date Principal Paid To: May 06, 2003 Date Interest Paid To: May 06, 2003 Date Last Change: Jun 06, 2008 Date Last Updated: Aug 21, 2008 Collateral Addenda 1 Description: 21 Dannah Drive, Carlisle, Collateral Code: [102] 1ST MORTGAGE RESID Pennsylvania 17013 OWNER OCCUP Responsibility Code: [1480] ROBERT ENGEL Address: (0) C/O GIFT & ASSOCIATES Miscellaneous Code: [0] MECHANICSBURG PA 17055 Collateral Addenda 2 Description: UCC filing Collateral Code: [150] ALL ASSETS Responsibility Code: [1480] ROBERT ENGEL Address: (0) C/O GIFT & ASSOCIATES Miscellaneous Code: [0] MECHANICSBURG PA 17055 Collateral Addenda 3 Description: The property Is located In Collateral Code: [315] 1ST COMMERCIAL Cumberland County at 47 MORTGAGE 0/0 West Pomf ret street, Carlisle, Pennsylvania 17013 Responsibility Coder [1480] ROBERT ENGEL Address: (0) C/O GIFT & ASSOCIATES Miscellaneous Code: [0] MECHANICSBURG PA 17055 Collateral Addenda 4 Description: The property is (coated in Collateral Code: [102] 1ST MORTGAGE RESID Cumberland County at 71 OWNER OCCUP Cold Spri ngs Road, Carlisle, Pennsylvania 17013 Responsibility Code: [1480] ROBERT ENGEL Address: (0) C/O GIFT & ASSOCIATES Miscellaneous Code: [0] MECHANICSBURG PA 17055 Collateral Addenda 5 Description: The property is located In Collateral Code: [315] 1ST COMMERCIAL Cumberland County at 114 MORTGAGE 0/0 Dogwood drive, Mount Holly, Pennsylvania 17065 Responsibility Code: [1480] ROBERT ENGEL Address: (0) C/O GIFT & ASSOCIATES Miscellaneous Code: [0] MECHANICSBURG PA 17055 Part; padon Participation Number: 9100102621 Percent Participated: 100.0000% Principal Balance: $45,978.42 Interest Method: [6] 365/360 Payments P&I Interest Balance: $0.00 Principal Payment Frequency: Maturity Payoff: $56,545.74 Percent Participated Method: Percentage of Base Note Balance Current Rate Over Split: 7.750046 Source Code: [180136] http://l10.20.6.190/LAS LAS1151/LAS1151.aspx?Action=PRINT&XMLGuid=1BE2A8... 8/22/2008 . Print Total Amount Past Due: Original Note Amount: Original Note Date: Maturity Date: Balance Non Accrual Non-Accrual Code, Date Non-Accrual: Net Payoff If Accrual: Lost Interest: Lost Interest 2008: Lost Interest 2007: Charge Off Principal Balance: Charged Off Amount: Active Amount: Adjusted Principal: Date Charged Off: Amount Charged Off: $0.00 investor Code: $45,978.42 Recourse Code: May 27, 2006 Apr 06, 2010 [41 Non-Accrual (Accr = 0, OV Specs) May 26, 2006 $399,006.81 $118,301.51 $15,096.94 $29,308.00 $264,118.67 $83,669.00 $180,449.67 $180,449.67 May 30, 2006 $83,669.00 Page 3 of 3 [58] No Recourse http://110.20.6.190/LAS_LAS115I LAS1151.aspx?Action=PRINT&XMLGuid=1BE2A8... 8/22/2008 C c . , -y CO ) 10-07-'08 15;08 FROM- T-919 P003/003 F-997 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA f/K/a THE LEGACY BANK, Plaintiff, CIVIL DIVISION No. 08-1942 vs. RONALD W. BAER and KRISTA K. BAER, Defendants. AND NOW, this day of October, 2008, upon the agreement of the parties judgment is hereby entered In favor of the Plaintiff and against the Defendants, in the amount of $398,922.81, plus Continuing interest at the contract rate together with late charges, costs of suit and attorney fees on the balance computed as follows: Principal .............................................................. $264,118.67 Interest through August 22, 2008 ........................ 118,301.51 (per diem $56.8588) Late Fees ............................................................ 16,502.63 Costs ................................................................... to be added Attorney's Fees ................................................... to be added TOTAL ................................................................ $398,922.81 Co ted to by, Thomas E. Relber, Esq. Counsel for lai iff Date: t, Esquire BAMK RIM338824.1 01898&120545 Orr • r1 ?w sit Odod - 8G jt?'C/v? MAIAS N3d liNt1G` m4 L S :01 NV 0'Z 100 0001 MltlC a l ld ?o I TUCKER ARENSBERG Attorneys October 9, 2008 By Federal Express The Chambers of Judge Edward E. Guido Cumberland County Court of Common Pleas 1 Courthouse Square, 4t' Floor Carlisle, PA 17013 Attention: Sandy Thomas E. Reiber 412.594.5563 treiber@tuckerlaw.com Re: First National Bank of Pennsylvania v. Ronald W. and Krista K. Baer Cumberland County Case No. 2008-1942 Civil Term Dear Sandy: At your request, enclosed please find the original signatures on the Consent Order of Court for the above-captioned case. Should you have any questions, please do not hesitate to contact me. Very truly yours, TUCK 4AREN BERG, P. C. Thomas TER:tse Enclosure BANK_FI N:336854-1 016986-120545 Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 www.tuckerlaw.com 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, CIVIL DIVISION Plaintiff, No. 08-1942 VS. RONALD W. BAER and KRISTA K. BAER, PRAECIPE FOR ENTRY OF JUDGMENT PURSUANT TO CONSENT ORDER OF COURT Defendants. Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Thomas E. Reiber, Esquire Pa. I.D. No. 41825 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 Telephone: (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, Defendants. CIVIL DIVISION No. 08-1942 PRAECIPE FOR ENTRY OF JUDGMENT PURSUANT TO CONSENT ORDER OF COURT TO: Prothonotary Kindly enter Judgment against Defendants, Ronald W. Baer and Krista K. Baer, pursuant to the attached Consent Order of Court, in the amount of $398,922.81, plus continuing interest at the contract rate together with late charges, costs of suit and attorney fees on the declining balance computed as follows: Principal .............................................................. $264,118.67 Interest through August 22, 2008 ........................ 118,301.51 (per diem $56.8588) Late Fees ............................................................ 16,502.63 Costs .................................................................. to be added Attorney's Fees ................................................... to be added TOTAL ................................................................ $398,922.81 TUCKEFJ ARENSBERG, P.C. Thomas E. Reiber, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff Plaintiff : First National Bank of Pennsylvania, f/k/a The Legacy Bank c/o Tucker Arensberg, P.C., 1500 One PPG Place, Pittsburgh, PA 15222 Defendants: Ronald W. Baer, 66 Encks Mill Road, Carlisle, PA 17015 Krista K. Baer, 71 Cold Springs Road, Carlisle, PA 17013 340307.1: B F/#016986-120545 i sl it 0CA, ' ?-qq? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA f/k/a THE LEGACY BANK, Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, Defendants. CIVIL DIVISION No. 08-1942 CONSENT ORDER OF COURT AND NOW, this?day of October, 2008, upon the agreement of the parties judgment is hereby entered in favor of the Plaintiff and against the Defendants, in the amount of $398,922.81, plus continuing interest at the contract rate together with late charges, costs of suit and attorney fees on the balance computed as follows: Principal .............................................................. $264,118.67 Interest through August 22, 2008 ........................ 118,301.51 (per diem $56.8588) Late Fees ............................................................ 16,502.63 Costs ................................................................... to be added Attorney's Fees ................................................... to be added TOTAL ...... .......................................................... $398,922.81 Cons ted to by, Thomas E. Reiber, Esq. Counsel for ai iff Date: BANK-FIN-336624-1 016986.120545 t, Esquire vv "A-jed' I here unto se rry 64"k T ???.. t'..+di k ri?e ti $4 f zaid coo a Cap la ird, Pa . rhis _ 811 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, CIVIL DIVISION Plaintiff, VS. RONALD W. BAER and KRISTA K. BAER, Defendants. No. 08-1942 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY I, Thomas E. Reiber, Esquire, counsel to First National Bank of Pennsylvania, f/k/a The Legacy Bank, being duly sworn according to law, hereby depose and say that the Defendants, Ronald W. Baer and Krista K. Baer, are not members of the military service of the United States of America to the best of my knowledge, information, and belief. Tho as E. Rei er Sworn t nd subscribed before me this a day of November, 2008. Notary Puklic My Commission 330307.1: B F/#016986-120545 LTH OF PENNSyL,VANIA NotarWSeal Debra o kp ? teary Public M180-*ny C" Exifts May 9, 2009 MWbw, ?'"^s ration of Notaries 00 O 6l x, t.Tl Y-< G"? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, Defendants. To: Ronald W. Baer 66 Encks Mill Road Carlisle, PA 17015 CIVIL DIVISION No. 08-1942 NOTICE OF JUDGMENT You are hereby notified that a Judgment in Mortgage Foreclosure was entered against you on U A6 , 2008 in the amount of $398,922.81, plus continuing interest at the contract rate together with costs, late charges, and attorneys fees. P =W* Prot notary er an County 340307.1:BF 016986-120545 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, Defendants. To: Krista K. Baer 71 Cold Springs Road Carlisle, PA 17013 CIVIL DIVISION No. 08-1942 NOTICE OF JUDGMENT You are hereby notified that a Judgment in Mortgage Foreclosure was entered against you on AOV 9,6 , 2008 in the amount of $398,922.81, plus continuing interest at the contract rate together with costs, late charges, and attorneys fees. Pr onotary, erland ounty 340307.1:BF 016986-120545 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, CIVIL DIVISION Plaintiff, VS. RONALD W. BAER and KRISTA K. BAER, Defendants. CERTIFICATE OF ADDRESS: No. 08-1942 PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Thomas E. Reiber, Esquire Pa. I.D. No. 41825 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place" Pittsburgh, Pennsylvania 15222 (412) 566-1212 114 Dogwood Drive Mount Holly, Pennsylvania 17065 Assessment No. 40-31-2189-054 ?.7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: Prothonotary of Cumberland County: Kindly issue a Writ of Execution in Mortgage Foreclosure in the above matter as follows: Judgment Amount .................................... ?.......... $398,922.81 Interest from 08/23/08 through-e+63/69 o3'oM o9 (per diem $56.8588) ......................................................... 12,679.51 Late Fees (5% of $7,906.42/mo. pmt. or $395.43/mo. for months of Sept. 2008 through March 2009) ................. 2,768.01 Legal Fees .................................................................... 6.721.71 Sub-total ....................................................................... $421,092.04 Costs (to be added by the Prothonotary) ...................... Total ............................................................................. $._ TUCKE ARENSBERG, P.C. i;4 Tho as E. Reiber, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 339264.1: B F/# 16986-120545 rn z N14 R? W o? cA v,o$ocog g o 0I D '0 = F OD C? c .1, c:vzp C rri r G+ i :-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) PENNSYLVANIA, f/k/a THE LEGACY BANK,) Plaintiff, ) VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) CIVIL DIVISION Case No. 69 - If7'RAFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CAMBRIA ) I, Richard J. Bern, Vice President, First National Bank of Pennsylvania, being duly sworn according to law, hereby depose and say that the Defendants, Ronald W. Baer and Krista K. Baer, are not members of the military service of the United States of America to the best of my knowledge, information, and belief. Richard J. Bem, Vi4 First National Bank Sworn to and subscribed before me this 1--1 day of 2008. Notary Public My Commission Expires: s---v- • X0 , a o,) t NOTARIAL SEAL Marsha A. Svranscoro, Notary Public Jchr,s:own, C-mbl-ia Cournty, PA My Commission Expires Sept. 20, 2008 Pennsylvania 320446.1: B F/# 01698-120545 c1 ??? ,? r t"? , s ?, , ?.. ?? `?' _?; e ? - y ? -`i? ..:. tS' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, CIVIL DIVISION Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, Defendants. No. 08-1942 AFFIDAVIT PURSUANT TO PA. R.C.P. 3129.1 Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Thomas E. Reiber, Esquire Pa. I. D. No. 41825 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff in the above action, by its attorneys, Tucker Arensberg, P.C., sets forth as of the date of the Praecipe for Writ of Execution was filed the following information concerning the real property located at 114 Dogwood Drive, Mount Holly, County of Cumberland and Commonwealth of Pennsylvania: 1. Name and address of the Owner(s) or Reputed Owner(s): RONALD W. BAER 66 Encks Mill Road Carlisle, Pennsylvania 17015 and KRISTA K. BAER 71 Cold Springs Road Carlisle, Pennsylvania 17013 2. Name and address of Defendant(s) in the judgment: SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: FIRST NATIONAL BANK OF c/o Thomas E. Reiber, Esquire PENNSYLVANIA, f/k/a Tucker Arensberg, P.C. THE LEGACY BANK 1500 One PPG Place Pittsburgh, Pennsylvania 15222 KELLY CARTER 9501 Tregarron Place Burke, Virginia 22015-1732 PENNSYLVANIA DEPARTMENT Bureau of Compliance OF REVENUE Department 280948 Harrisburg, Pennsylvania 17128 U.S. TREASURY DEPARTMENT 1000 Liberty Avenue, Room 808 Pittsburgh, Pennsylvania 15222-9974 4. 5 Name and address of last recorded holder of every mortgage of record: FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK FIRST UNITED MORTGAGE SERVICES, INC. 4931 Carlisle Pike Mechanicsburg, Pennsylvania 17055 Name and address of every other person who has any record lien on their property: UNKNOWN 6 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7 Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY TREASURER CUMBERLAND COUNTY TAX CLAIM BUREAU 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 1 Courthouse Square Old Courthouse Carlisle, Pennsylvania 17013 SOUTH MIDDLETON c/o Robert C. Cairns, Tax Collector TOWNSHIP P. O. Box 40 Boiling Springs, Pennsylvania 17007 SOUTH MIDDLETON c/o Robert C. Cairns, Tax Collector SCHOOL DISTRICT P. O. Box 40 Boiling Springs, Pennsylvania 17007 CUMBERLAND COUNTY CUMBERLAND COUNTY DOMESTIC RELATIONS c/o Thomas E. Reiber, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, Pennsylvania 15222 c/o Robert C. Cairns, Tax Collector P. O. Box 40 Boiling Springs, Pennsylvania 17007 TRANSAMERICA COMMERCIAL c/o FINANCE NEW HOLLAND CREDIT CO. 13 N. Hanover Street Carlisle, Pennsylvania 17013 AVB Finance 500 Momany Drive St. Joseph, Michigan 49085 100 Brubaker Avenue New Holland, PA 17557 -2- The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1, and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or 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. TUCKER A ENSBERG, P.C. Dated: 4v- /S By: Thomas . Reiber, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff Sworn to nd subscribed before me this day of November, 2008. ?'k.aL Notary P blic My Commission Exp. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Debra J. Paranay, Notary Public City Of Pittsburgh, Allegheny Cox* My Cartrnission Expires May 9, 2009 Member, Pennsylvania Association of Notaries 339264.1: B 17411555-26744 -3- r--5 C) CZ) r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff, No. 08-1942 VS. AFFIDAVIT OF ACT 6 RONALD W. BAER and KRISTA K. BAER, Defendants. Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Thomas E. Reiber, Esquire Pa. I.D. No. 41825 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 ,i . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 Vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and County, personally appeared Thomas E. Reiber, Esquire, who being duly sworn, deposes and says: THAT Notice of First National Bank of Pennsylvania, f/k/a The Legacy Bank, intention to foreclose, pursuant to 41 P.S. §403 (Act 6 of 1974), was sent to Defendants on or about February 11, 2008. --- ) 44n,", Thomas E. Reiber, Esquire Attorney for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff Sworn t nd subscribed before me this day of November, 2008. Notary Pub My Commission Expires: 339264.1: B F/# 16986-120545 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Debra J. Paranay, Notary Public City OF Pittsburgh, Allegheny County My Commission E)ires May 9, 2009 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff, No. 08-1942 vs. AFFIDAVIT OF ACT 91 RONALD W. BAER and KRISTA K. BAER, Defendants. Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Thomas E. Reiber, Esquire Pa. I.D. No. 41825 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 r' CD cn -'?'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 Vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and County, personally appeared Thomas E. Reiber, Esquire, who being duly sworn, deposes and says: THAT Notice require by the Homeowners' Emergency Mortgage Assistance Act, Act 91 (35 P.S. §§1680.401c, et seq.), was sent to Defendants on or about February 11, 2008. Thom E. Reiber, Esquire Attorney for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff Sworn to nd subscribed before me this day of November, 2008. "La Notary Public My Commission Expires: 339264.1:BF1#1698&120545 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Debra J. Paranay, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires May 9, 2009 Member, Pennsylvania Association of Notaries t ^ _ ^ L,a . °?r+' w? ,,,? ""? T r.- '``_ ? ..? ; 7?; ? . ?:. ' ?.? _..,. °' `; -x r" -I,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff, VS. RONALD W. BAER and KRISTA K. BAER, Defendants. CIVIL DIVISION No. 08-1942 AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANTS Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Thomas E. Reiber, Esquire Pa. I.D. No. 41825 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 r" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, } No. 08-1942 VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANTS Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and County, personally appeared Thomas E. Reiber, Esquire, who being duly sworn, deposes and says as follows: That he is counsel for the Plaintiff in the above referenced matter. 2. That to the best of his knowledge, information and belief, the last known address of Defendant, Ronald W. Baer, is 66 Encks Mill Road, Carlisle, PA 17015. 3. That to the best of his knowledge, information and belief, the last known address of Defendant, Krista K. Baer, is 71 Cold Springs Road, Carlisle, PA 17013. TUCKER ARENSBERG, P.C. -- I -:?4k Thomas E. Reiber, Esquire Attorney for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff Notary Pub COMMONWEALTH OF PENNSYLVANIA Nolarial Seal My Commission Expire Debra J. Paranay, Notary Public 339264.1:BF/#16986-120545 City of Pittsburgh, Allegheny Courtly My Commission Expires May 9, 2009 Member, Pennsylvania Association of Notaries Sworn to And subscribed before me this day of November, 08. , 20 ~?- rr? rt C , --F -a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Ronald W. Baer 66 Encks Mill Road Carlisle, PA 17015 Your Real Estate at 114 Dogwood Drive, Mount Holly, Cumberland County, Pennsylvania 17065, is scheduled to be sold at Sheriff's Sale on April 3, 2009, at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the consent judgment of First National Bank of Pennsylvania, f/k/a The Legacy Bank, obtained by the Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE. To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to First National Bank of Pennsylvania, f/k/a The Legacy Bank, the amount of judgment plus costs, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: Thomas E. Reiber, Esquire at Tucker Arensberg, P.C. (412) 594-5563. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. YOU MAY NEED AN ATTORNEY TO ASSERT YOUR RIGHTS. The sooner you contact an attorney, the more chance you will have of stopping the sale. (See notice on next page to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. You do not have the right to remove the fixtures from the property or to damage or destroy the same, and you could be held legally responsible if such removal or damage occurs during your occupancy. At the time that the deed is delivered to the buyer, you must vacate the premises and, should you fail to do so, the buyer may bring legal proceedings against you in order to effect your eviction. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on or before thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. The schedule of distribution is available for inspection by you at the Sheriff's Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 TUCKER,ARENSB-F-RG, V.C. Thomag E. Reibbr, Esquire Michael J. Stauber, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 339264.1:BF/#16986-120545 -2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) TO THE SHERIFF OF CUMBERLAND COUNTY: Please use the following legal description for preparation of the Sheriff's Deed: LEGAL DESCRIPTION OF REAL ESTATE ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Holly Hills Lot No. 31-B, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 60, Page 122, as follows: BEGINNING at a point on the southern line of Dogwood Drive, which said point is at the northeast corner of Lot No. 11 on the plan of Pine Road Heights recorded in Plan Book 16, Page 61; thence by the southern line of Dogwood Drive, North 80 degrees 52 minutes 05 seconds East 100.00 feet to a point; thence by Lot No. 31-C on the hereinabove mentioned Plan, South 24 degrees 49 minutes 55 seconds East 228.66 feet to a point; thence by Lot Nos. 28, 27 and 26 on the plan of Holly Hills recorded in Plan Book 50, Page 114, South 82 degrees 14 minutes 30 seconds West 104.32 feet to a point; thence by Lot Nos. 12 and 11 on said plan of Pine Road Heights, North 24 degrees, 49 minutes 55 seconds West 190.54 feet to a point, the place of beginning. BEING Lot No. 31-B on said Plan and containing 0.4798 acres, and having thereon erected a dwelling house known as 114 Dogwood Drive, Mount Holly, Pennsylvania. SUBJECT, NEVERTHELESS, to the building and use restrictions as noted on the hereinabove mentioned Plan; and Subject, further to the existing sanitary sewer right-of-way and the proposed utility/drainage easement as noted on said Plan. BEING the same property granted and conveyed unto Ronald W. Baer and Krista K. Baer, his wife, by Deed of Joseph P. Buck and Jamesa K. Buck, his wife, dated January 29, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 1, 1999 at Book 192, page 602. CUMBERLAND COUNTY TAX ASSESSMENT NO. 40-31-2189-054. TUCKER ASIENSBERM P.C Thomas-E. Reiber, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 339264.1: B F/# 16986-120545 M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 ) vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Ronald W. Baer 66 Encks Mill Road Carlisle, PA 17015 Your Real Estate at 114 Dogwood Drive, Mount Holly, Cumberland County, Pennsylvania 17065, is scheduled to be sold at Sheriff's Sale on April 3, 2009, at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the consent judgment of First National Bank of Pennsylvania, f/k/a The Legacy Bank, obtained by the Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE. To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to First National Bank of Pennsylvania, f/k/a The Legacy Bank, the amount of judgment plus costs, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: Thomas E. Reiber, Esquire at Tucker Arensberg, P.C. (412) 594-5563. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. YOU MAY NEED AN ATTORNEY TO ASSERT YOUR RIGHTS. The sooner you contact an attorney, the more chance you will have of stopping the sale. (See notice on next page to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. You do not have the right to remove the fixtures from the property or to damage or destroy the same, and you could be held legally responsible if such removal or damage occurs during your occupancy. At the time that the deed is delivered to the buyer, you must vacate the premises and, should you fail to do so, the buyer may bring legal proceedings against you in order to effect your eviction. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on or before thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. The schedule of distribution is available for inspection by you at the Sheriff's Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 TUCKER,ARENSB-ERG, Q.C. Thomag E. ReibLr, Esquire Michael J. Stauber, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 339264.1: B F/# 16986-120545 -2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 } VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) TO THE SHERIFF OF CUMBERLAND COUNTY: Please use the following legal description for preparation of the Sheriff's Deed: LEGAL DESCRIPTION OF REAL ESTATE ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Holly Hills Lot No. 31-B, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 60, Page 122, as follows: BEGINNING at a point on the southern line of Dogwood Drive, which said point is at the northeast corner of Lot No. 11 on the plan of Pine Road Heights recorded in Plan Book 16, Page 61; thence by the southern line of Dogwood Drive, North 80 degrees 52 minutes 05 seconds East 100.00 feet to a point; thence by Lot No. 31-C on the hereinabove mentioned Plan, South 24 degrees 49 minutes 55 seconds East 228.66 feet to a point; thence by Lot Nos. 28, 27 and 26 on the plan of Holly Hills recorded in Plan Book 50, Page 114, South 82 degrees 14 minutes 30 seconds West 104.32 feet to a point; thence by Lot Nos. 12 and 11 on said plan of Pine Road Heights, North 24 degrees, 49 minutes 55 seconds West 190.54 feet to a point, the place of beginning. BEING Lot No. 31-B on said Plan and containing 0.4798 acres, and having thereon erected a dwelling house known as 114 Dogwood Drive, Mount Holly, Pennsylvania. SUBJECT, NEVERTHELESS, to the building and use restrictions as noted on the hereinabove mentioned Plan; and Subject, further to the existing sanitary sewer right-of-way and the proposed utility/drainage easement as noted on said Plan. BEING the same property granted and conveyed unto Ronald W. Baer and Krista K. Baer, his wife, by Deed of Joseph P. Buck and Jamesa K. Buck, his wife, dated January 29, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 1, 1999 at Book 192, page 602. CUMBERLAND COUNTY TAX ASSESSMENT NO. 40-31-2189-054. TUCKER ARENSBERC. P.C ThomasM. Reber, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 339264.1:BF/#16986-120545 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Krista K. Baer Robert E. Chernicoff, Esquire 71 cold Springs Road Cunningham & Chernicoff, P.C. Carlisle, PA 17013 P. O. Box 60457 2320 North Second Street Harrisburg, PA 17106-0457 Your Real Estate at 114 Dogwood Drive, Mount Holly, Cumberland County, Pennsylvania 17065, is scheduled to be sold at Sheriff's Sale on April 3, 2009, at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the consent judgment of First National Bank of Pennsylvania, f/k/a The Legacy Bank, obtained by the Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE. To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to First National Bank of Pennsylvania, f/k/a The Legacy Bank, the amount of judgment plus costs, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: Thomas E. Reiber, Esquire at Tucker Arensberg, P.C. (412) 594-5563. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. YOU MAY NEED AN ATTORNEY TO ASSERT YOUR RIGHTS. The sooner you contact an attorney, the more chance you will have of stopping the sale. (See notice on next page to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. You do not have the right to remove the fixtures from the property or to damage or destroy the same, and you could be held legally responsible if such removal or damage occurs during your occupancy. At the time that the deed is delivered to the buyer, you must vacate the premises and, should you fail to do so, the buyer may bring legal proceedings against you in order to effect your eviction. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on or before thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. The schedule of distribution is available for inspection by you at the Sheriff's Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 TUCKER J(RENSQFPG, P.C. ThomaeE. Reiber, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 339264.1: B F/# 16986-120545 -2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) ) Plaintiff, ) No. 08-1942 VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) TO THE SHERIFF OF CUMBERLAND COUNTY: Please use the following legal description for preparation of the Sheriff's Deed: LEGAL DESCRIPTION OF REAL ESTATE ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Holly Hills Lot No. 31-B, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 60, Page 122, as follows: BEGINNING at a point on the southern line of Dogwood Drive, which said point is at the northeast comer of Lot. No. 11 on the plan of Pine Road Heights recorded in Plan Book 16, Page 61; thence by the southern line of Dogwood Drive, North 80 degrees 52 minutes 05 seconds East 100.00 feet to a point; thence by Lot No. 31-C on the hereinabove mentioned Plan, South 24 degrees 49 minutes 55 seconds East 228.66 feet to a point; thence by Lot Nos. 28, 27 and 26 on the plan of Holly Hills recorded in Plan Book 50, Page 114, South 82 degrees 14 minutes 30 seconds West 104.32 feet to a point; thence by Lot Nos. 12 and 11 on said plan of Pine Road Heights, North 24 degrees, 49 minutes 55 seconds West 190.54 feet to a point, the place of beginning. BEING Lot No. 31-B on said Plan and containing 0.4798 acres, and having thereon erected a dwelling house known as 114 Dogwood Drive, Mount Holly, Pennsylvania. SUBJECT, NEVERTHELESS, to the building and use restrictions as noted on the hereinabove mentioned Plan; and Subject, further to the existing sanitary sewer right-of-way and the proposed utility/drainage easement as noted on said Plan. BEING the same property granted and conveyed unto Ronald W. Baer and Krista K. Baer, his wife, by Deed of Joseph P. Buck and Jamesa K. Buck, his wife, dated January 29, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 1, 1999 at Book 192, page 602. CUMBERLAND COUNTY TAX ASSESSMENT NO. 40-31-2189-054. TUCKER ASENSBERG. P.C Thomas-E. Reiber, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 339264.1;BF/#16986-120545 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Krista K. Baer Robert E. Chernicoff, Esquire 71 cold Springs Road Cunningham & Chernicoff, P.C. Carlisle, PA 17013 P. O. Box 60457 2320 North Second Street Harrisburg, PA 17106-0457 Your Real Estate at 114 Dogwood Drive, Mount Holly, Cumberland County, Pennsylvania 17065, is scheduled to be sold at Sheriffs Sale on April 3, 2009, at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the consent judgment of First National Bank of Pennsylvania, f/k/a The Legacy Bank, obtained by the Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE. To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to First National Bank of Pennsylvania, f/k/a The Legacy Bank, the amount of judgment plus costs, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: Thomas E. Reiber, Esquire at Tucker Arensberg, P.C. (412) 594-5563. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. YOU MAY NEED AN ATTORNEY TO ASSERT YOUR RIGHTS. The sooner you contact an attorney, the more chance you will have of stopping the sale. (See notice on next page to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. You do not have the right to remove the fixtures from the property or to damage or destroy the same, and you could be held legally responsible if such removal or damage occurs during your occupancy. At the time that the deed is delivered to the buyer, you must vacate the premises and, should you fail to do so, the buyer may bring legal proceedings against you in order to effect your eviction. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on or before thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. The schedule of distribution is available for inspection by you at the Sheriff's Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 TUCKERJfRENSBF.,FG, P.C. Thomas'E. Reiber, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 339264.1:BF/#16986-120545 -2- - . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) TO THE SHERIFF OF CUMBERLAND COUNTY: Please use the following legal description for preparation of the Sheriff's Deed: LEGAL DESCRIPTION OF REAL ESTATE ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Holly Hills Lot No. 31-13, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 60, Page 122, as follows: BEGINNING at a point on the southern line of Dogwood Drive, which said point is at the northeast corner of Lot No. 11 on the plan of Pine Road Heights recorded in Plan Book 16, Page 61; thence by the southern line of Dogwood Drive, North 80 degrees 52 minutes 05 seconds East 100.00 feet to a point; thence by Lot No. 31-C on the hereinabove mentioned Plan, South 24 degrees 49 minutes 55 seconds East 228.66 feet to a point; thence by Lot Nos. 28, 27 and 26 on the plan of Holly Hills recorded in Plan Book 50, Page 114, South 82 degrees 14 minutes 30 seconds West 104.32 feet to a point; thence by Lot Nos. 12 and 11 on said plan of Pine Road Heights, North 24 degrees, 49 minutes 55 seconds West 190.54 feet to a point, the place of beginning. BEING Lot No. 31-B on said Plan and containing 0.4798 acres, and having thereon erected a dwelling house known as 114 Dogwood Drive, Mount Holly, Pennsylvania. SUBJECT, NEVERTHELESS, to the building and use restrictions as noted on the hereinabove mentioned Plan; and Subject, further to the existing sanitary sewer right-of-way and the proposed utility/drainage easement as noted on said Plan. BEING the same property granted and conveyed unto Ronald W. Baer and Krista K. Baer, his wife, by Deed of Joseph P. Buck and Jamesa K. Buck, his wife, dated January 29, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 1, 1999 at Book 192, page 602. CUMBERLAND COUNTY TAX ASSESSMENT NO. 40-31-2189-054. TUCKER ARENSBERG.. P.C Thomas-E. Reber, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 339264.1: B F/# 16986-120545 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1942 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff (s) From RONALD W. BAER and KRISTA K. BAER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $398,922.81 L.L. $.50 Interest from 8/23/08 through 3/04/09 (per diem $56.8588) -- $12,679.51 Atty's Comm % Arty Paid $198.00 Due Prothy $2.00 Other Costs: Late Fees: (5% of $7,906.42/mo pmt. or $395.43/mo. for months of Sept 2008 through March 2009) -- $2,768.01 Legal Fees: -- $6,721.71 Plaintiff Paid Date: 11/25/08 (Seal) urtis R. L ng, P odhion airy By: Deputy REQUESTING PARTY: Name: THOMAS E. REIBER, ESQUIRE Address: TUCKER ARENSBERG, P.C. 1500 ONE PPG PLACE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-566-1212 Supreme Court ID No. 41825 r First National Bank of Pennsylvania f/k/a The Legacy Bank VS Ronald W. Baer and Krista K. Baer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-1942 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Thomas Reiber. Sheriff's Costs: Docketing 30.00 Poundage 2.35 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 9.90 Levy 15.00 Surcharge 30.00 Share of Bills 15.52 $120.27 So Answ s: R. Thomas Kline, Sheriff BY JO UrJ9, Real Estate ergeant G'L?BI ?t P _' 2 - Lut LUl l cn U- i G Cj. : - o ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, CIVIL DIVISION Plaintiff, VS. RONALD W. BAER and KRISTA K. BAER, Defendants. No. 08-1942 AFFIDAVIT PURSUANT TO PA. R.C.P. 3129.1 Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Thomas E. Reiber, Esquire Pa. I.D. No. 41825 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Ronald W. Baer 66 Encks Mill Road Carlisle, PA 17015 Your Real Estate at 114 Dogwood Drive, Mount Holly, Cumberland County, Pennsylvania 17065, is scheduled to be sold at Sheriff's Sale on Nrr? 4- 2009, at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the consent judgment of First National Bank of Pennsylvania, f/k/a The Legacy Bank, obtained by the Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE. To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to First National Bank of Pennsylvania, f/k/a The Legacy Bank, the amount of judgment plus costs, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: Thomas E. Reiber, Esquire at Tucker Arensberg, P.C. (412) 594-5563. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. YOU MAY NEED AN ATTORNEY TO ASSERT YOUR RIGHTS. The sooner you contact an attorney, the more chance you will have of stopping the sale. (See notice on next page to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). s 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. You do not have the right to remove the fixtures from the property or to damage or destroy the same, and you could be held legally responsible if such removal or damage occurs during your occupancy. At the time that the deed is delivered to the buyer, you must vacate the premises and, should you fail to do so, the buyer may bring legal proceedings against you in order to effect your eviction. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on or before thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. The schedule of distribution is available for inspection by you at the Sheriff's Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 TUCKER/4RENS ERG, Q.C. Thomat E. Reib6r, Esquire Michael J. Stauber, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 339264.1: B F/# 16986-120545 -2- ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) TO THE SHERIFF OF CUMBERLAND COUNTY: Please use the following legal description for preparation of the Sheriff's Deed: LEGAL DESCRIPTION OF REAL ESTATE ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Holly Hills Lot No. 31-B, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 60, Page 122, as follows: BEGINNING at a point on the southern line of Dogwood Drive, which said point is at the northeast corner of Lot No. 11 on the plan of Pine Road Heights recorded in Plan Book 16, Page 61; thence by the southern line of Dogwood Drive, North 80 degrees 52 minutes 05 seconds East 100.00 feet to a point; thence by Lot No. 31-C on the hereinabove mentioned Plan, South 24 degrees 49 minutes 55 seconds East 228.66 feet to a point; thence by Lot Nos. 28, 27 and 26 on the plan of Holly Hills recorded in Plan Book 50, Page 114, South 82 degrees 14 minutes 30 seconds West 104.32 feet to a point; thence by Lot Nos. 12 and 11 on said plan of Pine Road Heights, North 24 degrees, 49 minutes 55 seconds West 190.54 feet to a point, the place of beginning. BEING Lot No. 31-B on said Plan and containing 0.4798 acres, and having thereon erected a dwelling house known as 114 Dogwood Drive, Mount Holly, Pennsylvania. SUBJECT, NEVERTHELESS, to the building and use restrictions as noted on the hereinabove mentioned Plan; and Subject, further to the existing sanitary sewer right-of-way and the proposed utility/drainage easement as noted on said Plan. BEING the same property granted and conveyed unto Ronald W. Baer and Krista K. Baer, his wife, by Deed of Joseph P. Buck and Jamesa K. Buck, his wife, dated January 29, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 1, 1999 at Book 192, page 602. CUMBERLAND COUNTY TAX ASSESSMENT NO. 40-31-2189-054. TUCKER ARENSBERG. P.C Thomas-E. Reber, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 3392641:1317416986-120545 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Krista K. Baer 71 cold Springs Road Carlisle, PA 17013 Robert E. Chernicoff, Esquire Cunningham & Chernicoff, P.C. P. O. Box 60457 2320 North Second Street Harrisburg, PA 17106-0457 Your Real Estate at 114 Dogwood Drive, Mount Holly, Cumberland County, Pennsylvania 17065, is scheduled to be sold at Sheriff's Sale on N1arcl1 q2009, at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the consent judgment of First National Bank of Pennsylvania, f/k/a The Legacy Bank, obtained by the Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE. To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to First National Bank of Pennsylvania, f/k/a The Legacy Bank, the amount of judgment plus costs, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: Thomas E. Reiber, Esquire at Tucker Arensberg, P.C. (412) 594-5563. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. YOU MAY NEED AN ATTORNEY TO ASSERT YOUR RIGHTS. The sooner you contact an attorney, the more chance you will have of stopping the sale. (See notice on next page to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. f 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. You do not have the right to remove the fixtures from the property or to damage or destroy the same, and you could be held legally responsible if such removal or damage occurs during your occupancy. At the time that the deed is delivered to the buyer, you must vacate the premises and, should you fail to do so, the buyer may bring legal proceedings against you in order to effect your eviction. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on or before thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. The schedule of distribution is available for inspection by you at the Sheriff's Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 TUCKERAENSBF,JiG,_P.C. Thomas'E. Reiber, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 339264.1: B F/# 16986-120545 -2- . 7, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) TO THE SHERIFF OF CUMBERLAND COUNTY: Please use the following legal description for preparation of the Sheriff's Deed: LEGAL DESCRIPTION OF REAL ESTATE ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Holly Hills Lot No. 31-B, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 60, Page 122, as follows: BEGINNING at a point on the southern line of Dogwood Drive, which said point is at the northeast comer of Lot. No. 11 on the plan of Pine Road Heights recorded in Plan Book 16, Page 61; thence by the southern line of Dogwood Drive, North 80 degrees 52 minutes 05 seconds East 100.00 feet to a point; thence by Lot No. 31-C on the hereinabove mentioned Plan, South 24 degrees 49 minutes 55 seconds East 228.66 feet to a point; thence by Lot Nos.. 28, 27 and 26 on the plan of Holly Hills recorded in Plan Book 50, Page 114, South 82 degrees 14 minutes 30 seconds West 104.32 feet to a point; thence by Lot Nos. 12 and 11 on said plan of Pine Road Heights, North 24 degrees, 49 minutes 55 seconds West 190.54 feet to a point, the place of beginning. BEING Lot No. 31-B on said Plan and containing 0.4798 acres, and having thereon erected a dwelling house known as 114 Dogwood Drive, Mount Holly, Pennsylvania. SUBJECT, NEVERTHELESS, to the building and use restrictions as noted on the hereinabove mentioned Plan; and Subject, further to the existing sanitary sewer right-of-way and the proposed utility/drainage easement as noted on said Plan. BEING the same property granted and conveyed unto Ronald W. Baer and Krista K. Baer, his wife, by Deed of Joseph P. Buck and Jamesa K. Buck, his wife, dated January 29, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 1, 1999 at Book 192, page 602. CUMBERLAND COUNTY TAX ASSESSMENT NO. 40-31-2189-054. TUCKER A@ENSBERG. P.C. Thomas-E. Reiber, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 339264.1: B F/# 16986-120545 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-1942 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff (s) From RONALD W. BAER and KRISTA K. BAER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $398,922.81 L.L. $.50 Interest from 8/23/08 through 3/04/09 (per diem $56.8588) -- $12,679.51 Atty's Comm % Due Prothy $2.00 Atty Paid $198.00 Other Costs: Late Fees: (5% of $7,906.42/mo pmt. or $395.43/mo. for months of Sept 2008 through March 2009) -- $2,768.01 Legal Fees: - $6,721.71 Plaintiff Paid Date: 11/25/08 Curtis R. Long, Prothon tary (Seal) By: Deputy REQUESTING PARTY: Name: THOMAS E. REIBER, ESQUIRE Address: TUCKER ARENSBERG, P.C. 1500 ONE PPG PLACE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-566-1212 Supreme Court ID No. 41825 Real Estate Sale #67 On December 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 114 Dogwood Drive, Mt. Holly Springs more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 15, 2008 By: Real Estate geant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, CIVIL DIVISION f/k/a THE LEGACY BANK, Plaintiff, No. 08-1942 vs. RONALD W. BAER and KRISTA K. BAER, MOTION TO AMEND CAPTION Defendants. Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, CIVIL DIVISION Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, Defendants. No. 08-1942 MOTION TO AMEND CAPTION AND NOW comes the Plaintiff, First National Bank of Pennsylvania, f/k/a The Legacy Bank, by and through its attorneys, Tucker Arensberg, P.C., and files the within Motion to Amend Complaint in Mortgage Foreclosure, averring as follows: This is an action in mortgage foreclosure against Defendants on property owned by Defendants located at 114 Dogwood Drive, Mount Holly, Cumberland County, Pennsylvania (the "Mortgaged Property"). 2. Plaintiff filed its Complaint in Mortgage Foreclosure on March 25, 2008 (the "Complaint"), to which Defendants filed an Answer (the "Answer") 3. A pretrial conference on the Complaint and Answer was held on Wednesday, August 20, 2008 at which time The Honorable Edward E. Guido directed Plaintiff to provide the account history to Defendants' counsel (which occurred on August 27, 2008), and further encouraged the parties to reach a stipulation as to the amount owed. In the event a stipulation could not be reached, a trial date was set for October 13, 2008. 4. Plaintiff and Defendants reached an agreement as to the amount owed by Defendants to Plaintiff and a Consent Order of Court (the "Consent Order") was entered on October 17, 2008 directing that the amount due and owing from Defendants to Plaintiff as of October 17, 2008 was $398,922.81 (the "Judgment"). A true and correct copy of the Consent Order is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On November 25, 2008, Plaintiff filed its Praecipe for Entry of Judgment Pursuant to Consent Order of Court further evidencing its Judgment against Defendants. 6. On or about November 25, 2008, Plaintiff filed its Praecipe for Writ of Execution to set the Mortgaged Property for sheriff's sale on March 4, 2009. 7. On November 26, 2008, Defendant Krista K. Baer (the "Debtor") filed for protection under Chapter 7 of the United States Bankruptcy Code (the "Bankruptcy") 8. As the Debtor filed the Bankruptcy the day after Plaintiff's Writ of Execution was issued, there was no need to continue or stay the sheriff's sale as the sheriff had completed none of the duties required of his office to offer the Mortgaged Property for sale. 9. In the course of the Bankruptcy, Defendant Krista K. Baer filed a Motion to Avoid a Judicial Lien (the "Motion") through which she attempted to avoid the Judgment of Plaintiff. 10. Plaintiff filed its Answer to Debtor's Motion and hearing was held on March 12, 2009. 11. Following the hearing on the Motion, Plaintiff and Debtor reached a stipulation whereby it was agreed that the Judgment is an in rem judgment and Debtor withdrew the Motion. 12. Debtor received a discharge under Chapter 7 of the Bankruptcy Code on March 18, 2009. 13. On November 12, 2009, Plaintiff sent its Praecipe to Amend and Reissue Writ of Execution to the Prothonotary of Cumberland County to initiate a March 3, 2010 sheriff's sale of the Mortgaged Property. Plaintiff has not yet received evidence of the issuance of the writ of execution from the Cumberland County Prothonotary. 14. As Plaintiff was in the process of setting the Mortgaged Property for sheriff's sale, it discovered a Federal Tax Lien filed against Healthcore of Ohio, LLC, Krista Baer, member, at No. 2007-1665 on March 27, 2007 in the amount of $15,050.48 (the "Federal Tax Lien"). 15. Plaintiff wishes to amend the caption of the within action to include the United States of America (the "USA") for the sole purpose of obtaining a consent judgment from the USA whereby the USA states that it will not pursue its claim evidenced by the Federal Tax Lien against the Mortgaged Property. WHEREFORE, Plaintiff, First National Bank of Pennsylvania, f/k/a The Legacy Bank, prays that this Honorable Court grant its Motion to Amend Caption and enter an Order allowing the Plaintiff to amend the caption of its Complaint to include the United States of America, and further directing that the Consent Order of Court and the Judgment remain valid and binding upon Defendants, and granting such other relief as this Court deems just and fair. TUCKER ARENSBEF16, P/. Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael J. Stauber, Esquire Pa. I. D. No. 201022 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 366729.1: B F/# 016986-120545 IN THE COLIRT OF COMMON PLEAS OF CUMBERLAND COUNTY", PENNSYLVANIA, FIRST NATIONAL BANK OF PENNSYLVANIA f/k/s THE LEGACY BANK, Plaintiff, CIVIL DIVISION No. 08-1942 vs. RONALD W. BAER and KRISTA K. BAER, Defendants. CONSENT ORD911 OF COURT AND NOW, this day of October, 2008, upon the agreement of the parties judgment is hereby entered in favor of the Plaintiff and against the Defendants, in the amount of $398,922.81, plus continuing interest at the contract rate together with late charges, costs of suit and attorney fees on the balance computed as follows: Principal .............................................................. $264,118.67 Interest through August 22, 2008 ........................ 118,301.51 (per diem $56.8588) Late Fees ........................................................... 16,502.63 Costs ........................................ ............ to be added Attorneft Fees ................................................... to be added TOTAL ................................................................ $398,922.81 Cons ted to by: Thomas E. Reiber, Esq. ai iff Counsel V'a Date: BANK-r-IN:336624-1 018986.120545 EXHIBIT A- t' Esquire f q k , hme IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff, VS. RONALD W. BAER and KRISTA K. BAER, Defendants. CIVIL DIVISION No. 08-001942 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion was served on Defendants on the 20th day of November, 2009, by first class, postage prepaid, U.S. Mail, as follows: Ronald W. Baer 66 Encks Mill Road Carlisle, PA 17015 Krista K. Baer c/o Kelly M. Knight, Esquire Cunningham & Chernicoff, P.C. P. O. Box 60457 2320 North Second Street Harrisburg, PA 17106-0457 ERG, E RJLtt A. Solomon, Esquire Tchael J. Stauber, Esquire Counsel for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 366729.1:BF 016986-120545 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, Defendants. CIVIL DIVISION No. 08-1942 ORDER OF COURT AND NOW, this day of , 2009, the within Motion of First National Bank of Pennsylvania, f/k/a The Legacy Bank, is GRANTED. It is hereby ORDERED that Plaintiff may amend the caption of its Complaint in Mortgage Foreclosure to include the United States of America, and ORDERING FURTHER that the Consent Order of Court and the Judgment remain valid and binding upon Defendants. J. 366729.1:BF 016986-120545 FILED- yFF!kC*E V THE PP C -'7,,'(NARY 2009 N,0V 23 Pi -1 3: 3 j Y,;., ? t '9 J L FIRST NATIONAL BANK IN THE COURT OF COMMON PLEAS OF OF PENNSYLVANIA, CUMBERLAND COUNTY, PENNSYLVANIA f/k/a THE LEGACY BANK, Plaintiff : V. RONALD W. BAER, and NO. 2008 -1942 CIVIL TERM KRISTA K. BAER, Defendants ORDER OF COURT AND NOW, this 7TH day of DECEMBER, 2009, a Rule is issued upon the United States of America to Show Cause why it should not be listed as a Plaintiff. Rule returnable twenty (20) days after service. Debbie Parana y Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, Pa. 15222 sta K. Baer Kelly M. Knight, Esquire P.O. Box 60457 2320 North Second Street Harrisburg Pa. 17106-0457 Ronald W. Baer 66 Encks Mill Rd. Carlisle, Pa. 17015 :sld 12T (E.5 /'.2'Noc? i D, e Court, Edward E. Guido, J. ? THE PROTHONOTARY 2009 DEC -8 AM 11: 4 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, CIVIL DIVISION Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, Defendants. CERTIFICATE OF ADDRESS: No. 08-1942 PRAECIPE TO AMEND AND REISSUE WRIT OF EXECUTION IN MORTGAGE FORECLOSURE Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 114 Dogwood Drive Mount Holly, Pennsylvania 17065 Assessment No. 40-31-2189-054 fit{ . OD ???`" 33. VV C`as'f"?? rr ,r 1 ?, p ..'t.,? ' tc rt tr AS.cx> i'?l . U V _ rr r r Zq.uv 334.77 - 1,2.00 CO • C ,Kul 3243'Y 5 g4l- ? 331.9'/ (94?4L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) CIVIL DIVISION No. 08-1942 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CAMBRIA ) AFFIDAVIT OF NON-MILITARY SERVICE I, Brett A. Solomon, Esquire, attorney to First National Bank of Pennsylvania, being duly sworn according to law, hereby depose and say that the Defendants, Ronald W. Baer and Krista K. Baer, are not members of the military service of the United States of America to the best of my knowledge, information and beliE Sworn t and subscribed before me this /0 4t? - day of November, 2009. Notary Publ My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Debra J. Paranay, Notary Public j City of Pittsburgh, Allegheny County { MY Commission Expires May 9, 2013 P1-rvier. Pem sv!,aW!i Assodatiwi df Nntanps 366236.1:BF 16986-120545 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, CIVIL DIVISION Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, Defendants. No. 08-1942 AFFIDAVIT PURSUANT TO PA. R.C.P. 3129.1 Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff in the above action, by its attorneys, Tucker Arensberg, P.C., sets forth as of the date of the Praecipe for Writ of Execution was filed the following information concerning the real property located at 114 Dogwood Drive, Mount Holly, County of Cumberland and Commonwealth of Pennsylvania: 1. Name and address of the Owner(s) or Reputed Owner(s): RONALD W. BAER 66 Encks Mill Road Carlisle, Pennsylvania 17015 and KRISTA K. BAER 71 Cold Springs Road Carlisle, Pennsylvania 17013 2. Name and address of Defendant(s) in the judgment: SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: FIRST NATIONAL BANK OF c/o Brett A. Solomon, Esquire PENNSYLVANIA, f/k/a Tucker Arensberg, P.C. THE LEGACY BANK 1500 One PPG Place Pittsburgh, Pennsylvania 15222 KELLY CARTER 9501 Tregarron Place Burke, Virginia 22015-1732 PENNSYLVANIA DEPARTMENT Bureau of Compliance OF REVENUE Department 280948 Harrisburg, Pennsylvania 17128 U.S. TREASURY DEPARTMENT 1000 Liberty Avenue, Room 808 Pittsburgh, Pennsylvania 15222-9974 low IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff, No. 08-1942 vs. AFFIDAVIT OF ACT 6 RONALD W. BAER and KRISTA K. BAER, Defendants. Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I. D. No. 83746 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY AFFIDAVIT OF ACT 6 Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and County, personally appeared Brett A. Solomon, Esquire, who being duly sworn, deposes and says: THAT Notice of First National Bank of Pennsylvania, f/k/a The Legacy Bank, intention to foreclose, pursuant to 41 P.S. §403 (Act 6 of 1974), was sent to Defendants on or about February 11, 2008. Brett A. Solomon, Esquire Attorney for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff Sworn tp and subscribed before me this day of November, 2009. Notary Publi My Commission Expires: 366236.1: B F/# 16986-120545 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Debra J. Paranay, Notary Public City of Pittsburgh, Allegheny County My Commission Expires May 9, 2013 Member, PPnnsyh ania Association cf Nota rtes . ? ]? t? ?a Q?? ???? ,? ??; ???: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff, No. 08-1942 vs. AFFIDAVIT OF ACT 91 RONALD W. BAER and KRISTA K. BAER, Defendants. Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, CIVIL DIVISION Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, Defendants. No. 08-1942 AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANTS Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANTS Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and County, personally appeared Brett A. Solomon, Esquire, who being duly sworn, deposes and says as follows: 1. That he is counsel for the Plaintiff in the above referenced matter. 2. That to the best of his knowledge, information and belief, the last known address of Defendant, Ronald W. Baer, is 66 Encks Mill Road, Carlisle, PA 17015. 3. That to the best of his knowledge, information and belief, the last known address of Defendant, Krista K. Baer, is 71 Cold Springs Road, Carlisle, PA 17013. TUCKE?F AREN RG, P.C. Brett A. Solomon, Esquire Attorney for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff Sworn t and subscribed before me this day of November, 2009. Notary Publi COMMONWEALTH OF PENNSYLVANIA Notarial Seal My Commission Expires, Debra J. Paranay, Notary Public 366236.1:BF/#16986-120545 City of Pttlsburgh, Allegheny County My CMM*Sion Expires May 9, 2013 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) TO THE SHERIFF OF CUMBERLAND COUNTY: Please use the following legal description for preparation of the Sheriff's Deed: LEGAL DESCRIPTION OF REAL ESTATE ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Holly Hills Lot No. 31-B, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 60, Page 122, as follows: BEGINNING at a point on the southern line of Dogwood Drive, which said point is at the northeast corner of Lot No. 11 on the plan of Pine Road Heights recorded in Plan Book 16, Page 61; thence by the southern line of Dogwood Drive, North 80 degrees 52 minutes 05 seconds East 100.00 feet to a point; thence by Lot No. 31-C on the hereinabove mentioned Plan, South 24 degrees 49 minutes 55 seconds East 228.66 feet to a point; thence by Lot Nos. 28, 27 and 26 on the plan of Holly Hills recorded in Plan Book 50, Page 114, South 82 degrees 14 minutes 30 seconds West 104.32 feet to a point; thence by Lot Nos. 12 and 11 on said plan of Pine Road Heights, North 24 degrees, 49 minutes 55 seconds West 190.54 feet to a point, the place of beginning. BEING Lot No. 31-B on said Plan and containing 0.4798 acres, and having thereon erected a dwelling house known as 114 Dogwood Drive, Mount Holly, Pennsylvania. SUBJECT, NEVERTHELESS, to the building and use restrictions as noted on the hereinabove mentioned Plan; and Subject, further to the existing sanitary sewer right-of-way and the proposed utility/drainage easement as noted on said Plan. BEING the same property granted and conveyed unto Ronald W. Baer and Krista K. Baer, his wife, by Deed of Joseph P. Buck and Jamesa K. Buck, his wife, dated January 29, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 1, 1999 at Book 192, page 602. CUMBERLAND COUNTY TAX ASSESSMENT NO. 40-31-2189-054 TU,9KER AREPBBERf , P.C. Brett A. Solomon, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 366236.1: B F/# 16966-120545 R? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 } vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. } NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Ronald W. Baer 66 Encks Mill Road Carlisle, PA 17015 Your Real Estate at 114 Dogwood Drive, Mount Holly, Cumberland County, Pennsylvania 17065, is scheduled to be sold at Sheriff's Sale on March 3, 2010, at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the consent judgment of First National Bank of Pennsylvania, f/k/a The Legacy Bank, obtained by the Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE. To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to First National Bank of Pennsylvania, f/k/a The Legacy Bank, the amount of judgment plus costs, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: Brett A. Solomon, Esquire at Tucker Arensberg, P.C. (412) 594-3913. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. YOU MAY NEED AN ATTORNEY TO ASSERT YOUR RIGHTS. The sooner you contact an attorney, the more chance you will have of stopping the sale. (See notice on next page to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. You do not have the right to remove the fixtures from the property or to damage or destroy the same, and you could be held legally responsible if such removal or damage occurs during your occupancy. At the time that the deed is delivered to the buyer, you must vacate the premises and, should you fail to do so, the buyer may bring legal proceedings against you in order to effect your eviction. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on or before thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. The schedule of distribution is available for inspection by you at the Sheriff's Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 TUI?NUR,,BERG, P.C. Brett A. Solomon, Esquire Michael J. Stauber, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 366236.1:BF/#16986-120545 •„ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 } VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. } TO THE SHERIFF OF CUMBERLAND COUNTY: Please use the following legal description for preparation of the Sheriff's Deed: LEGAL DESCRIPTION OF REAL ESTATE ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Holly Hills Lot No. 31-B, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 60, Page 122, as follows: BEGINNING at a point on the southern line of Dogwood Drive, which said point is at the northeast corner of Lot No. 11 on the plan of Pine Road Heights recorded in Plan Book 16, Page 61; thence by the southern line of Dogwood Drive, North 80 degrees 52 minutes 05 seconds East 100.00 feet to a point; thence by Lot No. 31-C on the hereinabove mentioned Plan, South 24 degrees 49 minutes 55 seconds East 228.66 feet to a point; thence by Lot Nos. 28, 27 and 26 on the plan of Holly Hills recorded in Plan Book 50, Page 114, South 82 degrees 14 minutes 30 seconds West 104.32 feet to a point; thence by Lot Nos. 12 and 11 on said plan of Pine Road Heights, North 24 degrees, 49 minutes 55 seconds West 190.54 feet to a point, the place of beginning. BEING Lot No. 31-B on said Plan and containing 0.4798 acres, and having thereon erected a dwelling house known as 114 Dogwood Drive, Mount Holly, Pennsylvania. SUBJECT, NEVERTHELESS, to the building and use restrictions as noted on the hereinabove mentioned Plan; and Subject, further to the existing sanitary sewer right-of-way and the proposed utility/drainage easement as noted on said Plan. BEING the same property granted and conveyed unto Ronald W. Baer and Krista K. Baer, his wife, by Deed of Joseph P. Buck and Jamesa K. Buck, his wife, dated January 29, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 1, 1999 at Book 192, page 602. CUMBERLAND COUNTY TAX ASSESSMENT NO. 40-31-2189-054. TU9KER AREN4?BER?O, P.C. Brett A. Solomon, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 366236.1:13F/#l 6986-120545 (1: IgJW E20lov II rM V. 06 %TII - r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Krista K. Baer 71 cold Springs Road Carlisle, PA 17013 Robert E. Chernicoff, Esquire Cunningham & Chernicoff, P.C. P. O. Box 60457 2320 North Second Street Harrisburg, PA 17106-0457 Your Real Estate at 114 Dogwood Drive, Mount Holly, Cumberland County, Pennsylvania 17065, is scheduled to be sold at Sheriff's Sale on March 3, 2010, at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the consent judgment of First National Bank of Pennsylvania, f/k/a The Legacy Bank, obtained by the Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE. To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to First National Bank of Pennsylvania, f/k/a The Legacy Bank, the amount of judgment plus costs, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: Brett A. Solomon, Esquire at Tucker Arensberg, P.C. (412) 594-3913. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. YOU MAY NEED AN ATTORNEY TO ASSERT YOUR RIGHTS. The sooner you contact an attorney, the more chance you will have of stopping the sale. (See notice on next page to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. d If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. You do not have the right to remove the fixtures from the property or to damage or destroy the same, and you could be held legally responsible if such removal or damage occurs during your occupancy. At the time that the deed is delivered to the buyer, you must vacate the premises and, should you fail to do so, the buyer may bring legal proceedings against you in order to effect your eviction. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on or before thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. The schedule of distribution is available for inspection by you at the Sheriff's Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 TU)WER *V950tRG, P.C. Brbtt A. Solomon, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 366236.1: BF/#1 6986-120545 ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 } vs. } RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. } TO THE SHERIFF OF CUMBERLAND COUNTY: Please use the following legal description for preparation of the Sheriff's Deed: LEGAL DESCRIPTION OF REAL ESTATE ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Holly Hills Lot No. 31-B, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 60, Page 122, as follows: BEGINNING at a point on the southern line of Dogwood Drive, which said point is at the northeast corner of Lot No. 11 on the plan of Pine Road Heights recorded in Plan Book 16, Page 61; thence by the southern line of Dogwood Drive, North 80 degrees 52 minutes 05 seconds East 100.00 feet to a point; thence by Lot No. 31-C on the hereinabove mentioned Plan, South 24 degrees 49 minutes 55 seconds East 228.66 feet to a point; thence by Lot Nos. 28, 27 and 26 on the plan of Holly Hills recorded in Plan Book 50, Page 114, South 82 degrees 14 minutes 30 seconds West 104.32 feet to a point; thence by Lot Nos. 12 and 11 on said plan of Pine Road Heights, North 24 degrees, 49 minutes 55 seconds West 190.54 feet to a point, the place of beginning. BEING Lot No. 31-B on said Plan and containing 0.4798 acres, and having thereon erected a dwelling house known as 114 Dogwood Drive, Mount Holly, Pennsylvania. SUBJECT, NEVERTHELESS, to the building and use restrictions as noted on the hereinabove mentioned Plan; and Subject, further to the existing sanitary sewer right-of-way and the proposed utility/drainage easement as noted on said Plan. BEING the same property granted and conveyed unto Ronald W. Baer and Krista K. Baer, his wife, by Deed of Joseph P. Buck and Jamesa K. Buck, his wife, dated January 29, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 1, 1999 at Book 192, page 602. CUMBERLAND COUNTY TAX ASSESSMENT NO. 40-31-2189-054. TUS'rKER AREP BERG, P.C. Brett A. Solomon, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 366236.1: B F/# 16986-120545 "? ?? ? ? ?? QL .•: ?? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1942 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST NATIONAL BANK OF PENNSYLVANIA F/K/A THE LEGACY BANK, Plaintiff (s) From RONALD W. BAER AND KRISTA K. BAER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $398,922.81 L.L. Interest FROM 8/23/08 THROUGH 313110 (PER DIEM $56.8588) -- $31,613.49 Atty's Comm % Due Prothy $2.00 Atty Paid $339.77 Other Costs LATE FEES (5% OF $7,906.42/MO. PMT. OR $395.431MO. FOR MONTHS OF SEPT. 2008 THROUGH APRIL 2010) -- $7,908.60 ---- LEGAL FEES $12,408.76 Plaintiff Paid Date: NOVEMBER 17, 2009 (Seal) REQUESTING PARTY: Name BRETT A. SOLOMON, ESQUIRE Address: TUCKER ARENSBERG, P.C. 1500 ONE PPG PLACE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-566-1212 By: Deputy Supreme Court ID No. 83746 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, CIVIL DIVISION f/k/a THE LEGACY BANK, Plaintiff, VS. RONALD W. BAER and KRISTA K. BAER, Defendants. No. 2008 - 1942 CERTIFICATE OF SERVICE OF RULE TO SHOW CAUSE AND MOTION TO AMEND CAPTION Filed on Behalf of First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) PENNSYLVANIA, f/k/a THE LEGACY BANK,) Plaintiff, ) vs. ) JAMES T. HITSON, JANEL G. HI TSON and ) MARYANN SCHNEIDER, ) Defendants. ) CIVIL DIVISION No. 08-1942 CERTIFICATE OF SERVICE OF RULE TO SHOW CAUSE AND MOTION TO AMEND CAPTION The undersigned hereby certifies that: (1) On December 11, 2009, the Rule to Show Cause, along with a true and correct copy of Plaintiffs Motion to Amend Caption in the within action ("Rule and Motion"), was sent via certified mail return receipt requested to The United States of America ("USA"), c/o U.S. Attorney's Office, U.S. Post Office and Courthouse, 700 Grant Street, Suite 400, Pittsburgh, PA 15219. (2) That the Rule and Motion were received by the USA on December 15, 2009, as is evidenced by the certified mail receipt number 7009 2250 0000 8024 6043 attached hereto as Exhibit "A" and incorporated herein. TUCKER ARENSBERG, P.C. Brett A. Sblomon, Esquire Pa. I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 369122.1:BF 016986-120545 b M • O F ,7 F ru Postage $ 0 CD cedied Fee O Postma* ' M (Endorserne qukedy Nam ?t O Restricted M ReqZ) -y Fee O (Endorsement Ln Tole, y . - rLJ &ateS OT Acne a? ?. enr c/o U.S. Attorney's Office Ir U.S. Post Office and Courthouse _ .. 'R 700 Grant Street, Suite 400 0 ° .Pc o ti iry' Pittsburgh, PA 15219 - ---- ¦ " your name end a61ftm an the ram so that we Mn return thezwd to you- ¦ Aftch Oft oard b0he be* of the mallPkm, or on the *at ' It epaoe Permits. 1. Article Addmeeed to: a 1 Apwlt D. Is deMY Sd*M dlrb * item Item t? E3 Yee If YES, enter ddvwy sddrese below ? No The UnflAW'StM of America c/o U.S. Attorney's Office U.S. Post Office and Courthouse 700 Grant Street, Suite 400 service Iwo Pittsburgh, PA 15219 0 6~ Lw 0 EXWM LW O Neoww O Rwn RwW for mwdwxbo 0 krtard Md 13 C.O.D. 4. Rod *M o~ aft I" ? lies 2. ArW*Number 7009 2250 0000 8024 6043 (i?wWw 6om sermbe, k64 PS Form 3811, February 2004 Domestic Return Receipt i a? EXHIBIT i 2009 DEC 23 PM 2: 47 PE INSYl YANO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, Defendants. CIVIL DIVISION No. 2008 - 1942 AMENDED CERTIFICATE OF SERVICE OF RULE TO SHOW CAUSE AND MOTION TO AMEND CAPTION Filed on Behalf of First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff Counsel of record for this party Brett A. Solomon, Esquire Pa. I.D. #83746 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 n ?Y c? G_. a.- s?a i - =s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) PENNSYLVANIA, f/k/a THE LEGACY BANK,) Plaintiff, ) vs. J JAMES T. HI TSON, JANEL G. HITSON and ) MARYANN SCHNEIDER, ) Defendants. ) CIVIL DIVISION No. 08-1942 AMENDED CERTIFICATE OF SERVICE OF RULE TO SHOW CAUSE AND MOTION TO AMEND CAPTION The undersigned hereby certifies that: (1) On December 11, 2009, the Rule to Show Cause, along with a true and correct copy of Plaintiffs Motion to Amend Caption in the within action ("Rule and Motion"), was sent via certified mail return receipt requested to The United States of America ("USA/Pittsburgh"), c/o U.S. Attorney's Office, U.S. Post Office and Courthouse, 700 Grant Street, Suite 400, Pittsburgh, PA 15219. (2) That the Rule and Motion were received by USA/Pittsburgh on December 15, 2009, as is evidenced by the certified mail receipt number 7009 2250 0000 8024 6043 attached hereto as Exhibit "A" and incorporated herein. (3) On December 29, 2009, the Rule and Motion were sent via certified mail return receipt requested to The United States of America ("USA/Harrisburg"), c/o U.S. Attorney's Office, Harrisburg Federal Building and Courthouse, 228 Walnut Street, Suite 220, P. O. Box 11754, Harrisburg, PA 17108-1754. (4) That the Rule and Motion were received by USA/Harrisburg on January 5, 2010, as is evidenced by the certified mail receipt number 7009 0820 0002 0599 0362 attached hereto as Exhibit "B" and incorporated herein. TU KER A B , P.C. Brett A. Solomon, Esquire Pa. I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 371616.1: BF/#016986-120545 to m C3 i For delivery information visit our website at WWWAIsps.corn F C3 Postage S O cc CertUied Fee a , O Return Receipt Fee Postmark C3 (Endorsement Required) Mere C7C, C3 Restdcted Delivery i . (Endorsement RequiredFee) C3 Lrl rru Tota? ? §tiaiesOl Amer ti ?t c/o U.S. Attorney's Office lr U.S. Post Office and Courthouse c3 0,.pc 700 Grant Street, Suite 400 >ti c7F Pittsburgh, PA 15219 --......• kin M _ l ¦ CcxtVW%Mllma 1, 2, arrtai S. A*9 o©rr lets Item 4 N PaeMeW D*4*y Is dsidrad. X 0 Aysnt ¦ Print your name and address on the reverse p Addt4see;ar e • so that we can return the gird to you. B. / ` ¦ Attach this card toVie back of the mallpiece, J,4r. or on the front if apace permits. 1. Article Addressed to: D. Is delivery address different from item 1? ? Yes if YEs, enter delivery address below: 13 No The United Stettlls of America c/o U.S. Attorney's Office U.S. Post Office and Courthouse 700 Grant Street, Suite 400 Pittsburgh, PA 15219 3. service type E3 Cwdw Mai 0 Ewreas Mall 0 Re*hn d 13 ftm Receipt for Malciendise ? Insured Mail ? C.O.D. 4. Restricted Deibery? (Ekda Fee) O Yes 2. Article Number 7009 2250 0000 8024 6043 fl/ansfertrom sen?oe __--_..___-----_-_- Ps Form 3811, February 2004 Domestic Retum Receipt dU EXHIBIT a Postal Service CERTIFIED MAIL RECEIPT f1J (Domestic Coverage Provided) ..D M • HA X11 _1TF IFS, per" 11.22 0071 to Postage $ Cl? . ?I.l 22 Certified Fee rU Postmark O Return Receipt Fee $2.30 Here O (Endorsement Required) t3 Restricted Detlvery Fee (} (} O (Endorsement Required) Nw Total r The United?tates oOAArica 12/24!2009 ° c/o U.S. Attorney's Office tr ent o Harrisburg Federal Building and Courthouse a ......... C3 Buser 228 Walnut Street, Suite 220 r- -POE P. O. Box 11754 •--""-• ciil sa Harrisburg, PA 17108-1754 ¦ Compiste lWirm 1, 4 and 3. Aloo complete Itafn 4 If Delkmy Is deemed. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the mallpiece, or on the front It space permits. 1. Article Addressed to: The United States of America 'y c/o U.S. Attorney's Office Harrisburg Federal Building and Court k> 228 Walnut Street, Suite 220 P. O. Box 11754 Harrisburg, PA 17108-1754 XIVJ.aa o Agent of Delivery B. Recsived by ( ?ttf) 9M5_c2V16 Is d*.Wy addre? different from item 1? ? Yes If YES, enterdelhrery address below: ? No 3. SprAce Type Cer mled mail 0 etimess mail E3 f WAred El Retum Recelpt for MerC w"Aine ? insured mail ? C.O.D. 4. Reshtcted Deivery? {Ekbs Fee) ? Y+ _ 2. Artkde"urrtber 7009 0820 0002 0599 0362 _ rr??,i ?er,?oe febe+ PS Form 3811, February 2004 Domestlc Retum Receipt ???_ laoS 1025e6•o24A-1540 EXHIBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, CIVIL DIVISION Plaintiff, No. 2008 - 1942 VS. RONALD W. BAER and KRISTA K. BAER, MOTION TO MAKE RULE ABSOLUTE Defendants. Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa I.D. #83746 bso lomongtuckerlaw. com Michael J. Stauber, Esquire Pa I.D. #201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 } -n r J.7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, CIVIL DIVISION Plaintiff, VS. RONALD W. BAER and KRISTA K. BAER, Defendant. No. 2008 - 1942 MOTION TO MAKE RULE ABSOLUTE AND NOW, comes First National Bank of Pennsylvania, f/k/a The Legacy Bank (the 'Bank"), by and through its counsel, Tucker Arensberg, P.C., and files this Motion to Make Rule Absolute, stating as follows: 1. On March 25, 2008, the Bank filed a Complaint in Mortgage Foreclosure on real property owned by defendants located at 114 Dogwood Drive, Mount Holly, Cumberland County, Pennsylvania (the "Mortgaged Property") 2. Judgment by consent was entered on October 17, 2008 (the "Judgment"), and Plaintiff filed its Praecipe for Entry of Judgment Pursuant to Consent Order of Court on November 25, 2008 as further evidence of the Judgment. A Writ of Execution in Mortgage Foreclosure was issued on November 25, 2008 as Plaintiff intended to offer the Mortgaged Property for sheriffs sale on March 4, 2009. 4. On November 26, 2008, Defendant Krista K. Baer, filed for protection under Chapter 7 of the United States Bankruptcy Code thereby staying Plaintiffs efforts to set the Mortgaged Property for sheriffs sale. 5. Defendant Krista K. Baer received a discharge under Chapter 7 of the Bankruptcy Code on March 18, 2009, and Plaintiff requested that its Writ of Execution be amended and reissued to set the Mortgaged Property for March 3, 2010. 6. Plaintiff discovered a Federal Tax Lien filed against Healthcore of Ohio, LLC, Krista Baer, member, and filed a Motion to Amend Caption to include the United States of America (the "USA") as a defendant for the sole purpose of obtaining a consent judgment from the USA. 7. On December 7, 2009, the Honorable Edward E. Guido issued a Rule upon the USA to show cause why it should not be listed as a defendant, which Rule was returnable twenty (20) days after service. The Motion and Rule to Show Cause were served upon the USA via certified mail return receipt requested on December 15, 2009 in Pittsburgh, and on January 5, 2010 in Harrisburg as evidenced by Plaintiffs Amended Certificate of Service of Rule to Show Cause and Motion to Amend Caption filed in this matter on January 29, 2010. 9. Counsel for the Plaintiff is seeking to make the rule absolute in order to amend the caption of the Complaint to include the United States of America as a defendant to the within action. WHEREFORE, First National Bank of Pennsylvania, f/k/a The Legacy Bank, respectfully requests this Honorable Court to enter an Order making the Rule Absolute thereby amending the caption of the complaint to include the United States of America, as terre tenant. Respectfully submitted, TUGGER ARWSSRRG, P.C. Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael J. Stauber, Esquire Pa. I.D. No. 201022 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 373501.1:BF 016986-120545 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, CIVIL DIVISION Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, Defendant. No. 2008 - 1942 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this L day of r,)CL f- t4 2010, a true and correct copy of the within Motion to Make Rule Absolute was served on all parties to this matter via postage prepaid, first class mail as follows: Ronald W. Baer 66 Encks Mill Road Carlisle, PA 17015 Krista K. Baer c/o Kelly M. Knight, Esquire Cunningham & Chernicoff, P.C. P. O. Box 60457 2320 North Second Street Harrisburg, PA 17106-0457 The United States of America c/o U.S. Attorney's Office U.S. Post Office and Courthouse 700 Grant Street, Suite 400 Pittsburgh, PA 15219 The United States of America c/o U.S. Attorney's Office Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P. O. Box 11754 Harrisburg, PA 17108-1754 TUC"R ARENSBERG<P.C. Brett A. Solomon, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 373501.I:BF 016986-120545 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, CIVIL DIVISION Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, Defendant. No. 2008 - 1942 ORDER OF COURT AND NOW, to wit, this day of , 2010, First National Bank of Pennsylvania, f/k/a The Legacy Bank's, Motion to make Rule Absolute is hereby GRANTED. First National Bank of Pennsylvania, f/k/a The Legacy Bank, is hereby granted leave of court to amend the caption of the Complaint in Mortgage Foreclosure to include The United States of America as a defendant to the within action. By the Court: J. 373501.1:BF 016986-120545 3 y FEB 2 J'20r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff, VS. RONALD W. BAER and KRISTA K. BAER, Defendant. CIVIL DIVISION No. 2008 - 1942 ORDER OF COURT AND NOW, to wit, this day of 2010, First National Bank of Pennsylvania, f/k/a The Legacy Bank's, Motion to make Rule Absolute is hereby GRANTED. First National Bank of Pennsylvania, f/k/a The Legacy Bank, is hereby granted leave of court to amend the caption of the Complaint in Mortgage Foreclosure to include The United States of America as a defendant to the within action. 373501.1:BF 016986-120545 (o` Y rrm.*at la xl', -g. P'['MoAj By t Court: J. tV ... - G7 r? i F fHr' PROTHONOTAPY 2016 r1a 19 pp, I : 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE&N&YLVANtA -'-p' FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, and Defendants, THE UNITED STATES OF AMERICA, Defendant / Terre Tenant. I hereby certify that the property to be foreclosed upon is: 114 Dogwood Drive Mount Holly, Pennsylvania 17065 Assessment No. 4 -31-2189- 4 Brett A. Solomon, Esquire Michael J. Stauber, Esquire CIVIL DIVISION Case No. 2008 - 01942 AMENDED IN COMPLAINT MORTGAGE FORECLOSURE Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK,) Plaintiff, Case No. 2008 - 01 942 vs. RONALD W. BAER and KRISTA K. BAER, Defendants, and THE UNITED STATES OF AMERICA, Defendant / Terre Tenant. IMPORTANT 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 this 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 claimed in the Complaint or 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, 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: 1-800-990-9108 or 1-717-249-3166 t i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK,) Plaintiff, Case No. 2008 - 01942 vs. RONALD W. BAER and KRISTA K. BAER, Defendants, and THE UNITED STATES OF AMERICA, Defendant / Terre Tenant. AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacidn. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requerir que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: 1-800-990-9108 or 1-717-249-3166 NOTICE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOU RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants, ) and ) THE UNITED STATES OF AMERICA, ) Defendant / Terre Tenant. ) CIVIL DIVISION Case No. 2008 - 01942 AMENDED COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES the Plaintiff, First National Bank of Pennsylvania, f/k/a The Legacy Bank, by and through its counsel, Tucker Arensberg, P.C., and files the within Amended Complaint in Mortgage Foreclosure, in support of which it avers the following: Plaintiff, First National Bank of Pennsylvania, f/k/a The Legacy Bank (the "Bank"), is a banking association with business offices at 532-534 Main Street, P. O. Box 98, Johnstown, Pennsylvania 15907-0098. 2. Defendant, Ronald W. Baer, is an adult individual whose last known address is 66 Encks Mill Road, Carlisle, Pennsylvania 17015. 3. Defendant, Krista K. Baer, is an adult individual whose last known address is 71 Cold Springs Road, Carlisle, Pennsylvania 17013. 4. Defendant / Terre Tenant, The United States of America, (the "USA"), is included as a party to the within action by virtue of a Federal Tax Lien filed against Healthcore of Ohio, LLC, Krista Baer, member, at No. 2007-1665 on March 27, 2007 in the amount of $15,050.48. 5. On or about April 30, 2003, HealthCore, LLC by Defendants, as Members, ("Borrower") executed and delivered a U. S. Small Business Administration Note to the Bank whereby Borrower agreed to pay the Bank the principal amount of $500,000.00, together with interest thereon in the manner provided therein ("Note"). A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein. 6. The obligations evidenced by the Note are secured by a Mortgage dated April 30, 2003 ("Mortgage"), given by Defendants to the Bank, granting the Bank a security interest in certain real property located in South Middleton Township, Cumberland County, Commonwealth of Pennsylvania (the "Premises"). The Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, ("Recorder's Office") on May 7, 2003 at Book 1810, page 2430. A true and correct copy of the Mortgage, containing the legal description of the Premises, is attached hereto as Exhibit "B" and incorporated herein. 7. The Borrower is in default of the provisions of the Note for failure to make payments when due. As of February 11, 2008, payments on the Note were due for May, 2003 and all months thereafter. The last payment made on the Note was on October 17, 2006. 8. Notice pursuant to 35 P.S. §1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) and 41 P.S. §403 (Act 6 of 1974) were sent to the Defendants on February 11, 2008. A true and correct copy of the Notice is attached hereto as Exhibit "C" and incorporated herein. 9. The amount due Bank under the Note and Mortgage as of February 11, 2008 was as follows: -2- Principal .............................................................. $264,118.67 Interest through February 11, 2008 ..................... 105,159.78 (per diem $75.2004) Late Fees ............................................................ 13,517.62 Costs ................................................................... to be added Attorney's Fees ................................................... to be added TOTAL ................................................................ $382,796.07 10. The total amount due to the Bank under the Note as of February 11, 2008 was Three Hundred Eighty-Two Thousand Seven Hundred Ninety-Six and 07/100 Dollars ($382,796.07), plus interest accruing from February 11, 2008 at the contract rate, late charges, costs and reasonable attorneys' fees. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the total amount due of Three Hundred Eighty-Two Thousand Seven Hundred Ninety-Six and 07/100 Dollars ($382,796.07), plus interest accruing from February 11, 2008, late charges, reasonable attorneys' fees as authorized by the Note, and costs of foreclosure and sale of the Premises. TUCKEIQAREN$? RG, P.C. Brett A. Solomon, Esquire Pa. I. D. No. 83746 Michael J. Stauber, Esquire Pa. I.D. No. 201022 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 374216.1:BF 01698-120545 -3- , SBA Loan 41 GP 626 380 40 09 HBG SBA Loan Name HealthCore, LLC Date April 30, 2003 Loan Amount 500,000.00 Interest Rate WSJ Prime + 2.75° Borrower HealthCore, LLC Operating Company Lender The Legacy Bank 1 PROMISE TO PAY: In return for the Loan, Borrowez promises to pay to the order of Lender the amount of FIVE HUNDRED THOUSAND AND NO/100 Dollars, interest on the unpaid principal balance, and all other amounts required by this Note. 2.. DEFM I IONS: "Collateral" means any property taken as security for payment of this Note or any guarantee of this Note. "Guarantor" means each person or entity that signs a guarantee of payment of this Note "Loan" means the loan evidenced by this Note. 'loan Documents" means the documents related to this loan signed by Borrower, any Guarantor, or anyone who pledges collateral. "SBA" means the Small Business Administration, an Agency of the United States of America I Tr_ ? 3 PAYMENI TERMS: Borrower must make all payments at the place Lender designates The payment terms for this Note are: The interest rate on this Note will fluctuate.. The initial interest rate is 7..500% per year.. This initial rate is the prime rate on the date SBA received the loan application, plus 2.75%. The Initial interest rate must remain in effect until the first change period begins,. Borrower must pay principal and interest payments of $7,547 00 every month, beginning one month from the month of initial disbursement on this Note; payments must be made on the same day as the date of initial disbursement on this Note in the months they are due. Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment, then to bring principal current, then to pay any late fees, and will apply any remaining balance to reduce principal. The interest rate will be adjusted quarterly (the "change period").. The "Prime Rate" is the prime rate in effect on the first business day of the month in which an interest rate change occurs, a published in the Wall Street Journal on the next business day. The adjusted interest rate will be 215% above the Prime Rate. Lender will adjust the interest rate on the first calendar day of each change period The change In interest rate is effective on that day whether or not Lender gives Borrower notice of the change. The initial interest rate must remain in effect until the first change period begins.. Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note. If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate in effect at the time of the earliest uncured payment default.. If there is no uncured payment default, the rate becomes fixed at the rate in effect at the time of purchase.. All remaining principal and accrued interest is due and payable 7 years from date of Note.. Late Charge: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of up to 5% of the unpaid portion of the regularly scheduled payment. Loan Prepayment: Notwithstanding any provision in this Note to the contrary: 1 Borrower may prepay this Note, Borrower may prepay 20 percent or, less of ilia unpaid principal balance at any time without notice.. If Bon'ower prepays more that 20 percent of the Loan and the Loan has been sold on the secondary market, Borrower must: a. Give Lender written notice: b. Pay all accrued Interest; and c. If the prepayment is received less than 21 days from the date Lender receives the notice, pay an amount equal to 21 days interest from the date Lender receives the notice, less any interest accrued during the 21 days and paid under subparagraph b., above.. SBA Form 1417 (06/03/02) Version 4.1 Page M bankers Systems, irir._; Si. Gloud; .iAN , t 4 DEFAUL I . Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower or Operating Company: A Fails to do anything required by this Note and other Loan Documents; B Defaults on any other loan with Lender; C Does not preserve, or account to Lender's satisfaction for, any of the Collateral or its proceeds; D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA; E Makes, or anyone acting on their behalf makes, a materially false or misleading representation to Lender or SBA; F Defaults on any loan or agreement with another creditor, if Lenderbelieves the default may materially affect Borrower's ability to pay this Note; G Fails to pay any taxes when due; H Becomes the subject of a proceeding under any banknrptcy or insolvency law; 1 Has a receiver or liquidator appointed for any part of their business or property; J. Makes an assignment for' the benefit of creditors; K Has any adverse change in financial condition or business operation that Lender believes may materially affect Borrower's ability to pay this Note; I. . Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior written consent; or M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to pay this Note. 5. LENDER'S RIGHTS IF THERE IS A DEFAUL I: Without notice or demand and without giving up any of its rights, Lender may: A Require immediate payment of all amounts owing under this Note; B Collect all amounts owing from any Borrower or Guarantor; C. File suit and obtain judgment; D.. Take possession of any Collateral; or E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement 6. LEN F-R'S GENERAL POWERS: Without notice and without Borrower's consent, Lender may: A Bid on or buy the Collateral at its sale or the sale of another lienholder, at any price it chooses; B . Incur expenses to collect amounts due onder this Notr, enforce the terms of this mete or any other L;,an Document, and preserve or dispose of the Collateral. Among other things, the expenses may include payments for property taxes, prior liens, insurance, appraisals, environmental remediation costs, and reasonable attorney's fees and costs. If Lender incurs such expenses, it may demand immediate repayment from Borrower or add the expenses to the principal balance; C.. Release anyone obligated to pay this Note; / D.. Compromise, release, renew, extend or substitute any of the Collateral; and l ` E.. Take any action necessary to protect the Collateral of eoBect amounts ovfing cn this Note- SBA Form 147 (06/03/02) Version 4.1 Page 316 Bankers Systems; Inc, Si. Cloud; iVNI i T 1 7. W11EN FEDERAL LAW APPLIES: When SBA is the bolder, this Note will be interpreted and enforced under federal law, including SBA regulations.. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing liens, and other purposes By using such procedures, SBA does not waive any federal immunity from state or local control, penalty, tax, or liability . As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any obligation, defeat any claim of SBA, or preempt federal law. 8. SUCCESSORS AND ASSIGNS: Under this Note, Borrower and Operating Company include the successors of each, and Lender includes its successors and assigns. 9. GENERAL PROVISIONS: A_ All individuals and entities signing this Note are jointly and severally liable- B Borrower waives all suretyship defenses C Borrower must sign all documents necessary at any time to comply with the Loan Documents and to enable Lender to acquire, perfect, or maintain Lender's liens on Collateral D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them E. Borrower may not use an oral statement of Lender- or SBA to contradict or alter the written terms of this Note F. If any part of this Note is unenforceable, all other parts remain in effect G To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, pimtest, and notice of dishonor Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of Collateral at a sale. SSA roan 147 (06/03/ 02) Version 4 i Pege 4/6 Bankers Systems, inc., St. Cloud, MN t 10 STATE-SPECIFIC PROVISIONS: WARRANT OF AUTHORITY TO CONFESS JUDGEMENT.. Upon default, in addition to all other remedies and rights available to you, by signing below I irrevocably authorize the prothonotary, clerk, or any attorney to appear in any court of record having jurisdiction over this matter and to confess judgment against me at any time without stay of execution.. I waive notice, service of process, and process.. 1 agree and understand that judgment may be confessed against me for any unpaid principal, accrued charges due on this Note, plus collection costs and reasonable attorneys' fees up to 15 percent of the judgement. The exercise of the power to confess judgment will not exhaust this warrant of authority to understand that my property may be seized without prior notice to satisfy the debt owed. I knowingly, Intentionally, and voluntarily waive any and all constitutional rights I have to pre-deprivation notice and hearing under federal and state laws and fully understand the consequences of this waiver. igning Immediately below, I agree to the terms of the CONFESSION OF JUDGEMENT section. he line J. err, M r Date C C! 41 vista K Baer, Mema r Date 136A Forrn 147 (06/03102) Version 4 'i Page W Bankers Systems, inc., St Cloud, f/k ? J r -- 11 BORROWER'S NAME(S) AND SIGNATURE(S): By signing below, each individual of entity becomes obligated under this Note as Bonower HeatthCore, LLC s' ?EUL.ER `COQ OF prGC i! 3E-RLAND COUNTY- r il, ' )3 MY 7 Pal 2 19 Space Above This Line For Recording Data MORTGAGE iq 4(6) DATE AND PARTIES.. The date of this Mortgage (Security Instrument) is April 30, 2003. The parties and their addresses are: MORTGAGOR: KRISTA K. BAER 71 Cold Springs Road Carlisle, Pennsylvania 17013 RONALD W BAER 71 Cold Springs Road Carlisle, Pennsylvania 17013 LENDER: THE LEGACY BANK Organized and existing under the laws of Pennsylvania 2600 Commerce Drive Harrisburg,. Pennsylvania 17110 25-1838601 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged; and to secure the Secured Debts and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender, the following described property: See Attached Exhibit "A"„ Being UPI # The property is located in Cumberland County at 114. Dogwood Drive, Mount Holly, Pennsylvania 17065.. HealthCore LLC Pennsylvania Mortgage j, Initials • PA/4bseachri00623900003872038043003Y 01996 Bankers Systems, Inc., St. Cloud. MN 6vj5? pa ? =s I3Fq `: EXHIBIT •.`?, ?- dal i+? t...1 - .LP 9l.. -,Q. •r. 1 ? I? l Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion. payments or third party payments made to crop producers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property).. This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed $500,000..00. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument.. 3. SECURED DEBT'S. This Security instrument will secure the following Secured Debts: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note, No. 1001-02821, dated April 30, 2003, from HealthCore LLC (Borrower) to Lender, with a loan amount of $500,000,00 and maturing on April 30, 2010. B. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument.. 4. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument.. 5. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record, 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust; security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants„ S. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent„ 7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, @ease payments, ground rents, milities, and other charges relating to the Property when due, Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument.. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property,. / Pennsylvania Mortgage Initials l _ PA/4bseachri00623940003872038043003Y ®1 6 face ?`y?e-a,2-? St.. Cloud, [ON ` p i} rvro.o - - " r? 4c2 8. DUE. ON SALE. Lender may, at its option, declare the entire balance of the Secured Debts to be immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of the Property.. This right is subject to the restrictions imposed by federal law governing the preemption of state due-on-sale laws, as applicable, 9. WARRANTIES AND REPRESENTATIONS. Mortgagor has the right and authority to enter into this Security Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing Mortgagor or to which Mortgagor is a party.. 10, PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will not commit or allow any waste, impairment, or deterioration of the Property., Mbrtgagor will keep the Property free of noxious weeds and grasses.. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance., Such replacement of personal property will be' deemed subject to the security interest created by this Security Instrument.. Mortgagor will not partition or subdivide the Property without Lender's prior written consent., Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property.. Lender will give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for'the inspection. Any inspection of the Property will be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor.'s name or pay any amount necessary for performance., Lender's right to perform for Mortgagor will not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect. Lender's sacurho interest In the Property, including compieiion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, conveys and mortgages to Lender as additional security all the right, title and interest in the following (all referred to as Property), HealthCore LLC Pennsylvania Mortgage Inivab PP.labseachri006239000038720380a3003Y 01996 Bankers Systems, Inc., St.. Cloud, MTV Pay r- i A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including any extensions, renewals, modifications or replacements (all referred to as Leases),. B.. Rents, issues and profits (all referred to as Rents), including but not limited to security deposits, minimum rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues; royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Assignor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property., In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default.. Mortgagor will not collect in advance any Rents due in future lease periods; unless Mortgagor first obtains Lender's written consent. Upon default, Mortgagor will receive any Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. When Lender so directs, Mortgagor will endorse and deliver any payments of Rents from the Property to Lender.. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other necessary expenses.. Mortgagor agrees that this Security Instrument is immediately effective between Mortgagor and Lender and effective as to third parties on the recording of this Assignment.. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants„ Mortgagor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Mortgagor or any party to the Lease defaults or fails to observe any applicable lave, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so required) without Lender's consent: Mortgagor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent., Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property. except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Mortgagor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases., 13. DEFAULT. Mortgagor will be in default if any of the following occur: A. Payments. Mortgagor fails or Guarantor fails to make a payment in full when due. HeafthUore LLC Pennsylvania Mortgage Initi s PA/4bseachrio0823900003872038043003Y 09996 Bankers Systems, Inc., St.. Claud, MN 61pep e 4 31' B. Insolvency. Mortgagor makes an assignment for the benefit of creditors or becomes insolvent, either because Mortgagor's liabilities exceed Mortgagor's assets or Mortgagor is unable to pay Mortgagor's debts as they become due,. C. Death or Incompetency. Mortgagor dies or is declared legally incompetent. D. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or covenant of this Security Instrument.. E. Other Documents. A default occurs under the terms of any other transaction document. F.. Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has with Lender.. G. Misrepresentation. Mortgagor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H, Judgment. Mortgagor fails to satisfy or appeal any judgment against Mortgagor.. 1, Forfeiture, The Property is used in a manner or for a purpose that threatens confiscation by a legal authority.. J. Name Change, Mortgagor changes Mortgagor's name or assumes an additional name without notifying Lender before making such a change. K: Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section,. L'.. Property Value. The value of the Property declines or is impaired, M, Insecurity. Lender reasonably believes that Lender is insecure„ 14. REMEDIES. Lender may use any and all remedies Lender has under state or federal law or in any instrument evidencing or pertaining to the Securect. Debts. Any amounts advanced on Mortgagor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Mortgagor's default.. Subject to any right to cure, required time schedules or any other notice rights Mortgagor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due 'and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or anytime thereafter. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any suim in payment or partial payment on the Secured. Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again„ 15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, Mortgagor agrees to pay all expenses of collection, enforcement or protect HeelthCore LLC Pennsylvania Mortgage Initials PA%4bseachrIO0623900003872038043003Y ®1996 Bankers Systems, Inc., St. Cloud, MN ZkI5 r y ge 5 AN PL, 4 4 t Y ?- ::'_: T. tt l of Lender's rights and remedies under this Security Instrument. Mortgagor agrees to pay expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the Property from this Security Instrument.. Expenses include, but are not limited to, attorneys' fees, court casts and other legal expenses.. These expenses are due and payable immediately.. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of the Secured Debts., To the extent permitted by the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code., 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), all other federal, state and local laws, regulations,' ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances, defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. 8. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to - migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Environmental Law. D, Except as previously 'disclosed and acknowledged in writing to Lender, Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about I the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings„ HealthCore LLC C Pennsylvania Mortgage Initial PA/4bseachri00823900003872038043003Y 01996 Bankers Systems, Inc., St. Cloud, MN 15,15° a 8' d ,R°n r U)11 E., Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are and will remain in full compliance with any applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lander first consents in writing,. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2). the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. 1, Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender.. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Mortgagor will provide Lender with collateral of at least equal value to the Property secured by this Security Instrument without prejudice to any of Lender's rights under this Security Instrument. L. Notwithstanding any of the Ian_guage contained in this Security Instrument to the contrary, the terms of this section will survive any foreclosure or satisfaction of this Securitv Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property.. Any claims and defenses to the contrary are hereby waived. 17. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document, HaalthCore LLC Pennsylvania Martgaga Initials PN4bseachri00623900003872038048003Y 01996 Bankers Systems, Ina., St. Cloud, MN aK wp3 a 7 '.??^?Ty` +7r 18. INSURANCE. Mortgagor agrees to keep the Property insured against the risks reasonably associated with the Property, Mortgagor will maintain this insurance in the amounts Lender requires, This insurance will last until the Property is released from this Security Instrument, What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts., Mortgagor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withhold„ All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee clause." If required by Lender, Mortgagor agrees to maintain comprehensive general liability insurance and rental loss or business interruption insurance 'in amounts and under policies acceptable to Lender,. The comprehensive general liability insurance must name "Lender as an additional insured. The rental toss or business interruption insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing.) Mortgagor will give Lender and the insurance company immediate notice of any loss.. All insurance. proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Mortgagor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. Mortgagor will immediately notify Lender of cancellation or termination of insurance.. If Mortgagor fails to keep the Property insured Lender may obtain insurance to protect Lender's interest in the Property.. This insurance may include coverages not originally required of Mortgagor, may be written by a company other than one Mortgagor would choose, and may be written at a higher rate than Mortgagor could obtain if Mortgagor purchased the insurance.. 19. ESCROW FOR TAXES AND INSURANCE. Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 20. CO-SIGNERS. If Mortgagor signs this Security Instrument but does not sign the Secured Debts, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debts and Mortgagor does not agree to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation„ These rights may include, but are not limited to, any anti-deficiency or one-action laws. 21. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all appraisement rights relating to the Property. 27OT HER '!TERMS.. The following are applicable to this Security 1; Strurri6n, A,. Additional Terms: The loan secured by this lien was made under a United States small Business Administration (SBA) nationwide program which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document, then under SBA regulations: When SBA is the holder of the Note, this document and all documents evidencing or securing Pennsylvania Mortgage PA/4bseachrio0623900003872038043003Y Initials _ 1996 Bankers Systems, inc , St. Cloud, 11AN " f i r E-- this Loan will be construed in accordance with federal law. Lender or SBA may use local or state procedures for purposes such as filing papers, recording documents, giving notice, foreclosing liens and other purposes, By using these procedures, SBA does not waive any federal immunity from local or state control penalty tax or liability. No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA with respect to this Loan.. Any clause in this document requiring arbitration is not enforceable when SBA is the holder of The Note secured by this instrument.. 23. APPLICABLE LAW. This Security Instrument is governed by the laws of Pennsylvania, except to the extent otherwise required by the laws of the jurisdiction where the Property is located, and the United States of America. 24. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS.. Each Mortgagor's obligations under this Security Instrument are independent of the obligations of any other Mortgagor. Lender may sue each Mortgagor individually or together with any other Mortgagor. Lender may release any part of the Property and Mortgagor will still be obligated under this Security Instrument for the remaining Property„ The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Mortgagor. 25. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security instrument may not be amended or modified by oral agreement.. No amendment or modification of this Security Instrument is effective unless made in wtiting and executed by Mortgagor and Lender, This Security Instrument is the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable.. 26. INTERPRET'A'TION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 27. NOTICE, FINANCIAL REPORTS AND ADDITIONAL. DOCUMENTS. Unless otherwise required by law, any notice will be :given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing.. Notice to one party will be deemed to be notice to all parties. Mortgagor will inform Lender in writing of any change in Mortgagor's name, address or other application information. Mortgagor will provide Lender any financial statements or information Lender requests,. Ali financial statements and information Mortgagor gives Lender will be correct and complete. Mortgagor agrees to sign, deliver; and file any additional. documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security instrument and to confirm Lender's lien status on any Property., Time is of the essence; HeaithCore LLC _ -? Pennsylvania Mortgage PA/4bseachri006239000038. 72038043003Y Initials ®9996 Bankers Systems, Inc., St Cloud, MN kJ50;i F • ? e? SIGNATURES. By signing under seal, Mortgagor agrees to the terms and covenants contained in this Security Instrument. Mortgagor also acknowledges receipt of a copy of this Security Instrument. (Seal) Itness (Seal) ona d W Baer Individually (Witness) ACKNOWLEDGMENT. (Individual) SZIq't ?. OF N L (/A l OF Nlj.P4110 _ ss. On his the 3 d day of /L-j X003 before me, 11?r FL Yn /^j the undersigned officer, personally appeared Krista K. Baer , andJRonald W Baer , known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained„ Q s whereof, i hereunto set my hand and official seal. My commission expires: { I'D nsylvania 17110.. within named is: 2600 Commerce Drive, THE LEGACY BANK By: U > L __ Coletta Bruce, Director of Commercial Services Healthcore LLC / Pennsylvania Mortgage Initials PA/4bseachrlo0623900003872038043003Y ®1996 Bankers Systems, Inc., St Cloud, MN J paw P qe ?z e t r \ EXHIBIT "A" D AU that certain tract of land situate in South M iddletdon Tpvynshlp, Cumberland County, Pannsyhrenla, bounded and described in eacardanoe Wlth Final Subdlvislan Plan for Holly Hills i..ot No. 37-B, which Plan is recorded In the Me of the Reo4rdar of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 60, Page 122, as follows; Beginning at a point on the southern fine of Dogwood Drive, which said point Is at the northeast comer of Lot. No, q 1 on the plan of Pine Road Heights regorded in Plan Book 16, ('sage 51;1hence by the southern iIn& of Dogwood Drive, North 80 doweas 52 minutes 05 seconds East 100.0() feet tot A potrrt; thence .by tat No. 31-C. on the hersingibove mentionec Plan, South 24 degrees 49 minutei 55 seconds East 220.88 foet to a point; fhence by Lot Noe. 28, 27 end 28 an the pia d of Holly 1411fe accorded In islan Book 50, Page 114, South 92 degrees 14 minutes 30 seconds West 104.32 feet to a point; thence by Lot Nos. 12 and 11 an said plan of Pine Road Hafghts, North 24 degrees 49 minutes 55 seconds VJeat 19014 feet to a point, the place of beginning. Biotic Lot No, 31-S on said Plan, and oontalning 0.4798 acres, and having thereon erected a dwelling house. Subject, nevertheless, to the bWilding and use restdotlons as noted on the hersinobove mentioned Plan; and Subject, Further, to the existing sanitary sewer Oght4g- way and the proposed utility/drainage aasemertt as noted on said Plane Parcel # 40-31-2189-054 I Cer'tl'fv this fo be recorded I?1(.A1lcrland Cotanty PA 74. Y Date. February 11, 2008 ACT 9`11 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 MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help 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 30 DAYS OF THE DATE OF THIS NOTICE 'flake 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 can 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 NOTIFICATIONCION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO " HOMEOWNER EMERCENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Krista K. Baer 71 Cold Springs Road Carlisle, PA 17013 Krista K. Baer 114 Dogwood Drive Mount Holly, PA 17065 Ronald W. Baer 71 Cold Springs Road Carlisle, PA 17013 Ronald W. Baer 114 Dogwood Drive Mount Holly, PA 17065 ACCT. NO.: 100102821 ORIGINAL LENDER: The Legacy Bank CURRENT LENDER/SERVICER: First National Bank of Pennsylvania HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL, ASSISTANCE WHICH CAN SAYE YOU HOME FROM FORECLOSURE AND HELP YOU MADE 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 PAYMEN'T'S, AND IF YOU MEET OTHER ELIGIBILI'T'Y 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 of the date of this Notice. 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 THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS 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 a 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.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency 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. Your application MUST be filed or postmarked within (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Avaiiable funds for emergency assistance are very limited. They will be disbursed by the Agency under eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives you 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. 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: 114 Dogwood Drive, N ount Holly, Pennsylvania 17065 IS SERIOUSLY IN DEFAULT because- -2-- A. YOU HAVE NOT MADE THE MONTHLY PAYMENTS due for May, 2003 through February, 2008, and the following amounts are now past due: Current Principal through 01/28/08: $ 264,118.67 Interest through 01/28/08 (per diem $75.2004): 105,159.78 Late Fees (through 01/28/08): 13,517.62 Other Costs: - TOTAL AMOUNT PAST DUE: $ 382,796.07 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: N/A NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE 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 $382,796.07, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES THAT BECOME 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: First National Bank of Pennsylvania Attention: Richard J. Bem, Vice President 532-634 Main Street P. O. Box 98 Johnstown, Pennsylvania 15907-0098 Telephone: (814) 532-3884 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: N/A 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) DA'I'S, the lender also intends to instruct its attorneys to start legal action to foreclose the mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the 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 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's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to nay attorney's fees. OTHER LENDER REMEDIES - The lender may 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 uv to one hour before the Sheriff's Sale. You may do so by ravine 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 Rerforming any other requirements under the mortgage Curing you 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 three (3) months form 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 rind out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: First National Bank of Pennsylvania Address: 532-534 Main Street P. O. Box 98 Johnstown, Pennsylvania 15907-0098 Phone Number: (814) 532-3884 Fax Number: (814) 532-3143 Contact Person: Richard J. Bem, Vice President 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF THE MORTGAGE - You may or _AX 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. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW THE MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS 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 THE 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 SEED PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, TUCK?k ARE .SB RG,1P.C. By: ` Thomas E. Reiber, Esquire Attorneys for First National Bank- of Pennsylvania Bem, -4- COUNSELING AGENCIES SERVING CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg YWCA of Carlisle N. 6`h Street 301 G Street Harrisburg, PA 17101 (717) 234-5925 Carlisle, PA 17013 (717) 243-3818 FAX (717) 234-9459 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 541-4670 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 318110A.BF 016986-120545 T N /1 4 / \ l - n ? > 0 D o `D o 3 m (/? 0 A? m z C)) ^ 3 3 C ? d A w c E" a O ?. m 7 * c 3 Q N m "l M 2 > - CD N a '°?'? 3 ? ? 0 o m mo (A . m Q C tl --4(Q N j v m O Cn ? w? w? 3 a 0 N (m ID M No ? mmaCD a O Q 3 x W y W to a000' ? y y E; O O C O 7 30[ .@0 0) F- a3 0 O R m m 3 N O 0 m m ru Er ? 3 C3 a w p p7 X D LD. 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Q v CQ CD 0a) 0 9s Q O N m O -n LO ' MO D r 3 Co ED m ? °p A c mm 0 m i q y < -4 ?T m m A Z ;a O '71 0 v D C,) Cf) m i l7? O o yw taj O R' m $ C9 O y y d y fp N fC O m c m y N m v ? ?n3 ? D a ? y m w ? Z 3 1 I o 3 3 ? m m 2 Q C w m` rv o A 0 0 3 a w c 'i O O -J ru Er- 03 O U -P n C ti O Q D > Q O CY) U7 o D -. ?q o m R 3 0 7 S „dye A? m 7 O a N (D 0 0 0 -w N (p a (D ? m CO (D 1 O Z) a- -a c: 53 a0iv m w w (D p ?WCD (Da 3 r N N W 7 N o a 00 > 0 CL 'n zo (D o (D G 7 y. 0 3 o m o w F- 0.3 a N m 0 m SD 3 A w O W X D a q ° 3 ° <n D p g a 2 m 0 y n c m c<p< \ m a C a O S m 3 m O ?2 m ?' .. Jul IEr 1100 m m a I? Omv N m° E3 v t: n J Z' m •,o Dn D'J 0 IQ w - N AO @ (D a 0 iM - I ftt Vin: ruf?f?l (slAV(,',?il erlJ,?rk-.._ ' - ° .3 'Ass-k31[;:wa?EW _ -j tT r u t> >arrU to ?i3 ,?l 16, . ? - _N r7 7 f= '?rct r,. __ra.?nr:hc9n 4J r 7 :? !I_I(pr- ,f Ar;f Ran: IfPi15 I CU - - Ronald W. Baer q i =MFP 71 Cold Springs Road q II ` Carlisle, PA 17013 C3 t n-. 44 E-7 r_,J r fp1 Krista 1<. 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MA M m !; ! ? m L=.I N a L) r T 0 3 m N 0 0 1 AD O C . S OD C 1 ..t Al 2 TC. N O 3 2p A (D Q C 0 M M cr) Z 0 D , W my m 1 (D -` v- V (p O (n 0,Z iz W uDz N Q 11 Ms M t o z ? n n ? D m o m O A f k N Z o z r ^ ^ T O W 2 V m` C 0 o- p / A m 0-< < C 1 i A m o Tc O O 1 O I,.. O om T A r 0 CL « 2 CM M O ? z0 < m O C `3 "(n a 0 O- N D (D C? C C± 0 v Z o J O (D A Z M CTI , ( J D 1 ? fin? D K K T l- 1 O O O D ,S:i z O r k C,.f z T o ll T w C} V ? (n O Sb c (D Q _ © N W M O Q- 'I Y I I :I ... ..E ? m om MC Om T AO 3 y0 cm Z n; mm I N v0 Ni ?o Z, 4J?- mm z t, FD 1-1 ri W z •'U L`xd l G2 L! p t y f i`t z0 C O (n D r U) m M M , A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) PENNSYLVANIA, f/k/a THE LEGACY BANK,) Plaintiff, ) vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants, ) and ) THE UNITED STATES OF AMERICA, ) Defendant / Terre Tenant. ) CIVIL DIVISION Case No.G? VERIFICATION I, Richard J. Bem, Vice President, First National Bank of Pennsylvania, do hereby depose and say, subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Amended Complaint in Mortgage Foreclosure are true and correct upon my information and belief. I further depose and say that, in my position as Vice President, I am duly authorized to make this authorization on behalf of the Bank. r Richard J. Bem, ?i&-President First National Bank of Pennsylvania 374216.1:BF 11555-133586 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson " u' F L'?`?7 ' t .TRY Sheriff Jody S Smith l g IaIOAR 3 t',?'1 6: Chief Deputy Edward L Schorpp Solicitor OFFICE ?? t rr .?t`.tY First National Bank Case Number S. 2008-1942 Ronald W Baer (et al.) SHERIFF'S RETURN OF SERVICE 03/22/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: The United States of America c/o U.S. Attorney's Office, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 03/25/2010 Dauphin County Return: And now March 25, 2010 at 0840 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: The United States of America c/o U.S. Attorney's Office by making known unto Susan Melendez, Administrative Assistant for The U.S. Attorney's Office at 228 Walnut Street Suite 220, Harrisburg, PA 17108 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 March 29, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Cj COun'ySjae: hefff. fe,eo=;uft. II Mary Jane Snder Real Estate Deputy William T. Tully Solicitor f t Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin FIRST NATIONAL BANK OF PA VS THE UNITED STATES OF AMERICA C/O US ATTY OFFICE Sheriff s Return No. 2010-T-0832 OTHER COUNTY NO. 20081942 And now: MARCH 25, 2010 at 8:40:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon THE UNITED STATES OF AMERICA C/O US ATTY OFFICE by personally handing to SUSAN MELENDEZ 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 228 WALNUT STREET, SUITE 220 HBG PA 17108 ADMINISTRATIVE ASSISTANT Sworn and subscribed to So Answers, before me this 25TH day of March, 2010 NOTARIAL SEAL ARY JANE SNYDER, Notary Public Highspire, Dauphin County 1my Commission Expires Set 1, 2010 P . Sheriff Dauphi C u3AL 'I By Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $41.25 3/24/2010 In The Court of Common Pleas of Cumberland County, Pennsylvania First National Bank of Pennsylvania vs. The United States of America c/o U.S. Attorney's office Harrisburg Federal Building and Courthouse 228 Walnut Street Suite 220 Harrisburg, PA 17108 Civil No. 2008-1942 Now, March 22, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of 20 COSTS SERVICE_ MILEAGE_ AFFIDAVIT County, PA 20 , at o'clock M, served the C l «1 C= :D" :i? - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVAN1* '? : FIRST NATIONAL BANK OF CIVIL DIVISION rr. b PENNSYLVANIA, f/k/a THE LEGACY BANK, j Plaintiff, No. 08-1942 vs. RONALD W BAER and AMENDED AFFIDAVIT PURSUANT . KRISTA K. BAER, TO PA. R.C.P. 3129.1 Defendants, and THE UNITED STATES OF AMERICA, Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Terre Tenant. Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants, ) and ) THE UNITED STATES OF AMERICA, ) ) Terre Tenant. ) CIVIL DIVISION No. 08-1942 AMENDED AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff in the above action, by its attorneys, Tucker Arensberg, P.C., sets forth as of the date of the Praecipe for Writ of Execution was filed the following information concerning the real property located at 114 Dogwood Drive, Mount Holly, County of Cumberland and Commonwealth of Pennsylvania: 1. Name and address of the Owner(s) or Reputed Owner(s): RONALD W. BAER 66 Encks Mill Road Carlisle, Pennsylvania 17015 and KRISTA K. BAER 71 Cold Springs Road Carlisle, Pennsylvania 17013 2. Name and address of Defendant(s) in the judgment: SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK c/o Brett A. Solomon, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, Pennsylvania 15222 KELLY CARTER PENNSYLVANIA DEPARTMENT OF REVENUE 9501 Tregarron Place Burke, Virginia 22015-1732 Bureau of Compliance Department 280948 Harrisburg, Pennsylvania 17128 4. 5. 6. U.S. TREASURY DEPARTMENT 1000 Liberty Avenue, Room 808 Pittsburgh, Pennsylvania 15222-9974 THE UNITED STATES c/o U.S. Attorney's Office OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P. O. Box 11754 Harrisburg, Pennsylvania 17108-1754 THE UNITED STATES c/o U.S. Attorney's Office OF AMERICA U.S. Post Office and Courthouse 700 Grant Street, Suite 400 Pittsburgh, Pennsylvania 15219 Name and address of last recorded holder of every mortgage of record: FIRST NATIONAL BANK OF c/o Brett A. Solomon, Esquire PENNSYLVANIA, f/k/a Tucker Arensberg, P.C. THE LEGACY BANK 1500 One PPG Place Pittsburgh, Pennsylvania 15222 FIRST UNITED MORTGAGE 4931 Carlisle Pike SERVICES, INC. Mechanicsburg, Pennsylvania 17055 NATIONAL CITY 3232 Newmark Drive MORTGAGE COMPANY Miamisburg, Ohio 45342 PNC BANK, c/o 3232 Newmark Drive NATIONAL ASSOCIATION Miamisburg, Ohio 45342 NATIONAL CITY MORTGAGE Attention: Legal Department P. O. Box 1820 Dayton, Ohio 45401-1820 PNC BANK, c/o NATIONAL ASSOCIATION Attention: Legal Department P. O. Box 1820 Dayton, Ohio 45401-1820 PNC BANK, NATIONAL ASSOCIATION Attention: Legal Department One PNC Plaza, 21st Floor 249 Fifth Avenue Pittsburgh, Pennsylvania 15222 Name and address of every other person who has any record lien on their property: UNKNOWN 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 -3- 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: CUMBERLAND COUNTY 1 Courthouse Square TREASURER Carlisle, Pennsylvania 17013-3387 CUMBERLAND COUNTY 1 Courthouse Square TAX CLAIM BUREAU Old Courthouse Carlisle, Pennsylvania 17013 SOUTH MIDDLETON c/o Robert C. Cairns, Tax Collector TOWNSHIP P. O. Box 40 Boiling Springs, Pennsylvania 17007 SOUTH MIDDLETON c/o Robert C. Cairns, Tax Collector SCHOOL DISTRICT P. O. Box 40 Boiling Springs, Pennsylvania 17007 CUMBERLAND COUNTY c/o Robert C. Cairns, Tax Collector P. O. Box 40 Boiling Springs, Pennsylvania 17007 CUMBERLAND COUNTY 13 N. Hanover Street DOMESTIC RELATIONS Carlisle, Pennsylvania 17013 TRANSAMERICA COMMERCIAL c/o AVB Finance FINANCE 500 Momany Drive St. Joseph, Michigan 49085 GE COMMERCIAL DISTRIBUTION 500 Momany Drive FINANCE CORP. St. Joseph, Michigan 49085 NEW HOLLAND CREDIT CO. 100 Brubaker Avenue New Holland, PA 17557 PENNSYLVANIA DEPARTMENT Bankruptcy Division OF REVENUE Department 280946 Harrisburg, Pennsylvania 17128-0496 INTERNAL REVENUE SERVICE Centralized Insolvency Operations P. O. Box 21126 Philadelphia, Pennsylvania 19114-0326 INTERNAL REVENUE SERVICE ACS Support P. O. Box 57 Bensalem, Pennsylvania 19020-0057 TENANT 114 Dogwood Drive Mount Holly, Pennsylvania 17065 The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1, and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the -4- title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or 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: r 3l-31 110 Sworn to and subscribed before me this 3 day of March, 2010. TUC, AREN , P. C. IWO By: Brett A. Solomon, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff Notary Publ My Commission Expires: TH OF PENMYLVANIA Noteril Seal Debra J. Paraney, Notary Public City of Pittsburgh, Allegheny County My Commission Expires May 9, 2013 Mernbe Pennsylvania Association of Notaries 369546.1: B F/# 16986-120545 -5- OF THE P?' TF- .. o "'n Py 2010 APP, 28 PAS 3: 17 IN THE COURT OF CON"OLE S Ql WBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/ka/ THE LEGACY BANK, CIVIL DIVISION Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, No. 08-1942 VERIFICATION OF SERVICE OF NOTICE OF SALE TO TERRE TENANT AND LIEN CREDITORS PURSUANT TO PA R.C.P. 3129.1 Defendants, and THE UNITED STATES OF AMERICA, Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Terre Tenant. Counsel of record for this parry: Brett A. Solomon, Esquire Pa. I.D. No. 81746 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 SALE DATE: MAY 5, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants, ) and ) THE UNITED STATES OF AMERICA, ) Terre Tenant. ) CIVIL DIVISION No. 08-1942 VERIFICATION OF SERVICE OF NOTICE OF SALE TO TERRE TENANT AND LIEN CREDITORS The undersigned does hereby certify that the undersigned personally mailed a copy of the Notice of Sale in the above captioned matter by Certified Mail to the Terre Tenant on the 1 st day of April, 2010, and that the Notice of Sale was received by Terre Tenant on April 5, 2010 (Pittsburgh office) and on April 6, 2010 (Harrisburg office), as is evidenced by the Certified Mail Receipt Nos. 7009 2250 0000 8024 8146 and 7009 2250 0000 8024 8139, copies of which are attached hereto as Exhibit "A". The undersigned further certifies that the undersigned personally mailed a copy of the Notice of Sale in the above captioned matter by Certificate of Mailing (P.S. Form #3817) to all Lien Creditors and Parties of Interest on the 1st day of April, 2010, as evidence P.S. Form 3817 attached hereto as Exhibit "B". 'P.C. Sworn to d subscribed before me is ?- day of April, 2010. Je'6 8fe*tA!. omon, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff Notary Publi4 -- - - Notarial Seal - - - My Commission Expires: CittyyoffP'litbbaurq? Alleghotary eny County 379133. 1:BF/#01 6986-120545 My Commission Exvices May 9.2013 T U) O .ca 00 n N N I T ?l U,1 0 O .A ru ru Ln O O O O O ru Cp L-i 0' ?g O i? E C7 C] ru ru Lfl C) C3 ?A Cb ru f L. S =r O O CO w O CD fain 0 WI cr 9! X C. W 0 Q . CCD ( w D I >C7, - O co CO 21 0 m D ama CA N cQ ?: 1 00 0 ffo. ?w Q O C cn (D T it 13 13 R fn N a a SL 7009 2250 0000 8024 8146 p N i am CD O C a C =S: o m 1 C_`Z ?. n ??' Da f If 9 w r.. 3 D CD h) cl) ?c apo m 0 0 3 (D (D O A 2) r cD _ ? PIT. 7009 2250 0000 8024 8139 'ra -M w -pNw o 0 CD 33 ? 0 co c 8- . Q Iff "'n a, tn X 7 a fD r r ?ffi ?75 -0 O (? H rwr (-e, o aD C 9: 4 (D (D N CL 0 0 D V• 00 O? LA P w N ? a A A y y y z Y 6 ab ?oRz 10 ?n -b ooh baz o3. o og? ? E1 w Ng . ? ? § r" M " ° O? o? " t- w? g = .. ? a ° N) a y v ? a ? x o I e N a nb i ? 41. ?, m as CC??? °? ? W? N? ro 00 ? - C. ? C• t7 ? ^ ? 4? Oo ?Wy p ? ? ? ? R. N N 8i a a N N N N N N N N ? y ? ? ? C a b o » , 'v c ? i7 R7H C ? ?• ? O ?y 03 b a auer! From, 1,5222 1; POSTAGE U k b - R c o x b0 G' I ?+ v G ? s 0 2. b'?o R EXHIBIT N i 00 J c. V, A W N .- r d?4 1 P A y 'F 4 ? y y, ?Cy Q h a z .o .0 .0 1 b o? ? ? ?? ??? •O ? .d .d y W ? W?? tn? ??? ? ? N ? UQ O to A b U J W H W ti 00 CA N t? O ?• C. O O O Fy O a ? ? d ? ? as E'. a .r ? p FD f3. p ? ? CD A •P ? A ? ? A ? Pn "fi `? O tTf N ? ? P N N N N N N N N Q. A f'1 C y?± b OE b '?1 f4 fD ?, ? ?• Q• ? C p C %? 4 {yy CD lD O .? N ?p O. ?•1 nn / ??yyy C] f ? N D G 3'l 3 a 03 3 0 d O n k R b . 6 00 0 0 c? l e can 152 22 VV !p?c?+ POSTAGE fo b' ' O R . o? a 00 pNppp y Q•i O r+ r+ U 'IJ VAi 00 J D\ cn A. w N t-' O Z p 13. ? ? fD y? N ti ??? ;Y.gCL' ? 'd?`'? ?? ?o roa? b?? byb cZo 8? ?? z y?oo?' c•g7??' O E u n FR I ", p > ? ? ?--I b .fT?? Qa y rb (?/? y ,?Qtl$ f/l ?l ?t cgCp 'V ?-y ' "? .? ?J ?y ? a ^'`Q', a 7 < O co V1 ' ?G b w O ?' ~ '? ?! H O pp ?' C? fp ? < y ?O N A .? ~ OOAA?? Fn „" p 000 ''a N XR '.'•"? U Q ?p < ?Yy Cy N y y ?. N (w? 00 N (D b N A . Q N O pp G ? Pn ? (D co a n n ??pp ri P G tTj5 N N N N N N N N co .rj a ' CD rb P w ?.. a F,;- E% '? nn b y b W p r• 63 p 3•6ca Ap pt M y ? o ? ? R o a• ? a yE'?? I c ? b' o f 71 "Ply 2010 h rr' 30 ? :: ::s8 FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK: Plaintiff, VS. RONALD W. BAER and KRISTA K. BAER, Defendants, and THE UNITED STATES OF AMERICA, Defendant / Terre Tenant. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE FORECLOSURE NO. 08-1942 STIPULATION It is hereby stipulated and agreed by and between First National Bank of Pennsylvania, f/k/a The Legacy Bank, plaintiff, and the defendant, United States of America, as follows: 1. That the premises referred to in the Amended Complaint is owned by the defendants, Ronald W. Baer and Krista K. Baer. 2. The plaintiff filed an action in mortgage foreclosure to the above number and term, and named as defendants, Ronald W. Baer and Krista K. Baer. 3. The parties hereby agree that the United States of America shall, and hereby is, named as a party in the above action, in accordance with 28 U.S.C. §2410 et seq. 4. The United States of America hereby accepts service of the Amended Complaint and waives it right to file an answer or other responsive pleading thereto, and waives any objection it may have to the judgment entered against the defendants. 5. The United States of America has one tax lien against the property which is subject to the action of mortgage foreclosure, No. 2007-1665 totaling $15,050.48, entered in the Prothonotary's Office of Cumberland County, Pennsylvania on March 27, 2007. 6. That the Federal Tax Lien referred to in paragraph 5 in the amount of $15,050.48 is junior in time to the plaintiffs mortgage set forth in paragraph 4 of plaintiffs Amended Complaint. 7. That the defendant, The United States of America, agrees to the entry in this action of a judgment in favor of the plaintiff and against The United States of America for foreclosure and sale of the mortgaged property. 8. That the defendant, The United States of America, is not indebted to the plaintiff. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which was served on defendant, The United States of America, by certified mail return receipt requested on April 6, 2010. 10. That the judicial sale of said property shall discharge the Federal Tax Lien referred to in paragraph 5. 11. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due The United States of America shall be sent to the Internal Revenue Service, P. 0. Box 1267, Harrisburg, PA 17108-1267. The check shall be made payable to "United States Treasury" and shall include the name and social security number of the taxpayer. 12. That the defendant, The United States of America, preserves its right of redemption as provided in title 28, United States Code, Section 2410 (c). 13. The parties to this Stipulation shall bear their respective costs in this proceeding. j q 24)1 (0 Dated: I By: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys to First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff DENNIS C. PFANNENSCHMIDT United States Attorney Dated: By: Melissa A. Swauger Assistant U.S. Attorney Attorney for The United States of America 379083.1:BF 016986-120545 13. The parties to this Stipulation shall bear their respective costs in this proceeding. Dated:- q 1241 ( v By: 04 Brett A. Solomon, Esquire Pa. I.D. No. 83746 Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys to First National Bank of Pennsylvania, fWa The Legacy Bank, Plaintiff DENNIS C. PFANNENSCHMIDT United States Attorney Dated: )a6 In By: Melissa A. Swauger Assistant U.S. Attorney Attorney for The United States of America 379083.1:BF 016986-120545 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor First National Bank vs. Ronald W Baer (et al.) .4tix?ttr of 4uirlLr,./440 c? .'P -' c - - LECRY \-?v.j p4jNSYLVANA Case Number 2008-1942 SHERIFF'S RETURN OF SERVICE 12118/2009 03:45 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2009 at 1535 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Ronald W. Baer, by making known unto, Ronald W. Baer, personally, at, 66 Encks Mill Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/22/2009 08:43 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2009 at 2040 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Krista K. Baer n/k/a Krista K. Krebs, by making known unto, Aaron Krebs, husband of defendant, at, 71 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12122/2009 08:31 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2009 at 2025 hours, he/she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ronald W. Baer & Krista K. Baer n/k/a Krista K. Krebs, located at, 114 dogwood Drive, Mount Holly Springs, Cumberland County, Pennsylvania according to law. 02/26/2010 PROPERTY SALE POSTPONED TO 5/5/2010. 05/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 5, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Brett A. Solomon, on behalf of First National Bank of Pennsylvania, 98 Wendel Road, Irwin, PA, 15642, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ SHERIFF COST: $996.87 September 10, 2010 SO ANSWERS, RbNWY- R ANDERSON, SHERIFF 0b pat. 6-A .DD PO(- 0-0- U2-4 760-2 is couniysuite. Shenft, Ie{casatl_ Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, CIVIL DIVISION Plaintiff, vs. RONALD W. BAER and KRISTA K. BAER, Defendants. No. 08-1942 AFFIDAVIT PURSUANT TO PA. R.C.P. 3129.1 Filed on behalf of FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I. D. No. 83746 Michael J. Stauber, Esquire Pa. I.D. No. 201022 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK, Plaintiff in the above action, by its attorneys, Tucker Arensberg, P.C., sets forth as of the date of the Praecipe for Writ of Execution was filed the following information concerning the real property located at 114 Dogwood Drive, Mount Holly, County of Cumberland and Commonwealth of Pennsylvania: 1. Name and address of the Owner(s) or Reputed Owner(s): RONALD W. BAER 66 Encks Mill Road Carlisle, Pennsylvania 17015 and KRISTA K. BAER 71 Cold Springs Road Carlisle, Pennsylvania 17013 2. Name and address of Defendant(s) in the judgment: SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: FIRST NATIONAL BANK OF c/o Brett A. Solomon, Esquire PENNSYLVANIA, f/k/a Tucker Arensberg, P.C. THE LEGACY BANK 1500 One PPG Place Pittsburgh, Pennsylvania 15222 KELLY CARTER 9501 Tregarron Place Burke, Virginia 22015-1732 PENNSYLVANIA DEPARTMENT Bureau of Compliance OF REVENUE Department 280948 Harrisburg, Pennsylvania 17128 U.S. TREASURY DEPARTMENT 1000 Liberty Avenue, Room 808 Pittsburgh, Pennsylvania 15222-9974 4. 5 6 7 Name and address of last recorded holder of every mortgage of record: FIRST NATIONAL BANK OF PENNSYLVANIA, f/k/a THE LEGACY BANK FIRST UNITED MORTGAGE SERVICES, INC. NATIONAL CITY MORTGAGE COMPANY NATIONAL CITY MORTGAGE 4931 Carlisle Pike Mechanicsburg, Pennsylvania 17055 3232 Newmark Drive Miamisburg, Ohio 45342 Attention: Legal Department P. O. Box 1820 Dayton, Ohio 45401-1820 Name and address of every other person who has any record lien on their property: c/o Brett A. Solomon, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, Pennsylvania 15222 UNKNOWN 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 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: CUMBERLAND COUNTY TREASURER CUMBERLAND COUNTY TAX CLAIM BUREAU 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 1 Courthouse Square Old Courthouse Carlisle, Pennsylvania 17013 SOUTH MIDDLETON c/o Robert C. Cairns, Tax Collector TOWNSHIP P. O. Box 40 Boiling Springs, Pennsylvania 17007 SOUTH MIDDLETON c/o Robert C. Cairns, Tax Collector SCHOOL DISTRICT P. O. Box 40 Boiling Springs, Pennsylvania 17007 CUMBERLAND COUNTY CUMBERLAND COUNTY DOMESTIC RELATIONS c/o Robert C. Cairns, Tax Collector P. O. Box 40 Boiling Springs, Pennsylvania 17007 TRANSAMERICA COMMERCIAL c/o FINANCE -2- 13 N. Hanover Street Carlisle, Pennsylvania 17013 AVB Finance 500 Momany Drive St. Joseph, Michigan 49085 GE COMMERCIAL DISTRIBUTION FINANCE CORP. NEW HOLLAND CREDIT CO. PENNSYLVANIA DEPARTMENT OF REVENUE INTERNAL REVENUE SERVICE INTERNAL REVENUE SERVICE 500 Momany Drive St. Joseph, Michigan 49085 100 Brubaker Avenue New Holland, PA 17557 Bankruptcy Division Department 280946 Harrisburg, Pennsylvania 17128-0496 Centralized Insolvency Operations P. O. Box 21126 Philadelphia, Pennsylvania 19114-0326 ACS Support P. O. Box 57 Bensalem, Pennsylvania 19020-0057 The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1, and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or 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. TUCK AREN G, P. C. Dated: By. Brett A. Solomon, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff Sworn to and subscribed before me this day of November, 2009. Notary Public My Commission Expires: 366236.1: 8 F/# 11555-26744 r -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 ) VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) ) Defendants. ) NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Krista K. Baer Robert E. Chernicoff, Esquire 71 cold Springs Road Cunningham & Chernicoff, P.C. Carlisle, PA 17013 P. O. Box 60457 2320 North Second Street Harrisburg, PA 17106-0457 Your Real Estate at 114 Dogwood Drive, Mount Holly, Cumberland County, Pennsylvania 17065, is scheduled to be sold at Sheriff's Sale on March 3, 2010, at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the consent judgment of First National Bank of Pennsylvania, f/k/a The Legacy Bank, obtained by the Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE. To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to First National Bank of Pennsylvania, f/k/a The Legacy Bank, the amount of judgment plus costs, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: Brett A. Solomon, Esquire at Tucker Arensberg, P.C. (412) 594-3913. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. YOU MAY NEED AN ATTORNEY TO ASSERT YOUR RIGHTS. The sooner you contact an attorney, the more chance you will have of stopping the sale. (See notice on next page to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. You do not have the right to remove the fixtures from the property or to damage or destroy the same, and you could be held legally responsible if such removal or damage occurs during your occupancy. At the time that the deed is delivered to the buyer, you must vacate the premises and, should you fail to do so, the buyer may bring legal proceedings against you in order to effect your eviction. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on or before thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. The schedule of distribution is available for inspection by you at the Sheriff's Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 TUAKER ARR RG, P.C. / .? (MIX B tt A. Solomon, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 366236.1: B F/# 16986-12 0545 IN T'1-IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA F1RST NATIONAL BANK OF } CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, } No. 08-1942 vs. ) RONALD W. BAER and ) KRISTA K. BAER, ) ) Defendants. ) TO THE SHERIFF OF CUMBERLAND COUNTY: Please use the following legal description for preparation of the Sheriff's Deed: LEGAL DESCRIPTION OF REAL ESTATE ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Holly Hills Lot No. 31-13, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 60, Page 122, as follows: BEGINNING at a point on the southern line of Dogwood Drive, which said point is at the northeast corner of Lot No. 11 on the plan of Pine Road Heights recorded in Plan Book 16, Page 61; thence by the southern line of Dogwood Drive, North 80 degrees 52 minutes 05 seconds East 100.00 feet to a point; thence by Lot No. 31-C on the hereinabove mentioned Plan, South 24 degrees 49 minutes 55 seconds East 228.66 feet to a point; thence by Lot Nos. 28, 27 and 26 on the plan of Holly Hills recorded in Plan Book 50, Page 114, South 82 degrees 14 minutes 30 seconds West 104.32 feet to a point; thence by Lot Nos. 12 and 11 on said plan of Pine Road Heights, North 24 degrees, 49 minutes 55 seconds West 190.54 feet to a point, the place of beginning. BEING Lot No. 31-B on said Plan and containing 0.4798 acres, and having thereon erected a dwelling house known as 114 Dogwood Drive, Mount Holly, Pennsylvania. SUBJECT, NEVERTHELESS, to the building and use restrictions as noted on the hereinabove mentioned Plan; and Subject, further to the existing sanitary sewer right-of-way and the proposed utility/drainage easement as noted on said Plan. BEING the same property granted and conveyed unto Ronald W. Baer and Krista K. Baer, his wife, by Deed of Joseph P. Buck and Jamesa K. Buck, his wife, dated January 29, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 1, 1999 at Book 192, page 602. CUMBERLAND COUNTY TAX ASSESSMENT NO. 40-31-2189-054. TUCKER ARE?NBBERG, P.C. it r !' Brett A. Solomon, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 366236.1: B F/# 16986.124545 IN w HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) VS. ) RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) CIVIL DIVISION No. 08-1942 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Ronald W. Baer 66 Encks Mill Road Carlisle, PA 17015 Your Real Estate at 114 Dogwood Drive, Mount Holly, Cumberland County, Pennsylvania 17065, is scheduled to be sold at Sheriff's Sale on March 3, 2010, at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the consent judgment of First National Bank of Pennsylvania, f/k/a The Legacy Bank, obtained by the Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE. To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to First National Bank of Pennsylvania, f/k/a The Legacy Bank, the amount of judgment plus costs, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: Brett A. Solomon, Esquire at Tucker Arensberg, P.C. (412) 594-3913. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. YOU MAY NEED AN ATTORNEY TO ASSERT YOUR RIGHTS. The sooner you contact an attorney, the more chance you will have of stopping the sale. (See notice on next page to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY, AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. _ 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, Pennsylvania at (717-240-6100). 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount is paid-to the Sheriff and the Sheriff gives a deed to the buyer. You do not have the right to remove the fixtures from the property or to damage or destroy the same, and you could be held legally responsible if such removal or damage occurs during your occupancy. At the time that the deed is delivered to the buyer, you must vacate the premises and, should you fail to do so, the buyer may bring legal proceedings against you in order to effect your eviction. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on or before thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. The schedule of distribution is available for inspection by you at the Sheriff's Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 TUCER ARfiiN`SBERG, P.C. Brett A. Solomon, Esquire Michael J. Stauber, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 366236.1: B F/# 1698 6-120545 W THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF ) CIVIL DIVISION PENNSYLVANIA, f/k/a THE LEGACY BANK) Plaintiff, ) No. 08-1942 VS. } } RONALD W. BAER and ) KRISTA K. BAER, ) Defendants. ) TO THE SHERIFF OF CUMBERLAND COUNTY: Please use the following legal description for preparation of the Sheriff's Deed: LEGAL DESCRIPTION OF REAL ESTATE ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Holly Mills Lot No. 31-B, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 60, Page 122, as follows: BEGINNING at a point on the southern line of Dogwood Drive, which said point is at the northeast corner of Lot No. 11 on the plan of Pine Road Heights recorded in Plan Book 16, Page 61; thence by the southern line of Dogwood Drive, North 80 degrees 52 minutes 05 seconds East 100.00 feet to a point; thence by Lot No. 31-C on the hereinabove mentioned Plan, South 24 degrees 49 minutes 55 seconds East 228.66 feet to a point; thence by Lot Nos. 28, 27 and 26 on the plan of Holly Hills recorded in Plan Book 50, Page 114, South 82 degrees 14 minutes 30 seconds West 104.32 feet to a point; thence by Lot Nos. 12 and 11 on said plan of Pine Road Heights, North 24 degrees, 49 minutes 55 seconds West 190.54 feet to a point, the-place of beginning. BEING Lot No. 31-B on said Plan and containing 0.4798 acres, and having thereon erected a dwelling house known as 114 Dogwood Drive, Mount Holly, Pennsylvania. SUBJECT, !NEVERTHELESS, to the building and use restrictions as noted on the hereinabove mentioned Plan; and Subject, further to the existing sanitary sewer right-of-way and the proposed utility/drainage easement as noted on said Plan. BEING the same property granted and conveyed unto Ronald W. Baer and Krista K. Baer, his wife, by Deed of Joseph P. Buck and Jamesa K. Buck, his wife, dated January 29, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 1, 1999 at Book 192, page 602. CUMBERLAND COUNTY TAX ASSESSMENT NO. 40-31-2189-054. TUCKER AREiV?..r-,BER-G, P.C. 0t' a N'° Brett A. Solomon, Esquire Michael J. Stauber, Esquire Attorneys for First National Bank of Pennsylvania, f/k/a The Legacy Bank, Plaintiff 366236.1: B F/# 16986-120545 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-1942 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST NATIONAL BANK OF PENNSYLVANIA F/K/A THE LEGACY BANK, Plaintiff (s) From RONALD W. BAER AND KRISTA K. BAER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $398,922.81 L.L. Interest FROM 8/23/08 THROUGH 3/3/10 (PER DIEM $56.8588) -- $31,613.49 Atty's Comm % Due Prothy $2.00 Arty Paid $339.77 Other Costs LATE FEES (5% OF $7,906.42/MO. PMT. OR $395.431MO. FOR MONTHS OF SEPT. 2008 THROUGH APRIL 2010) -- $7,908.60 ---- LEGAL FEES $12,408.76 Plaintiff Paid Date: NOVEMBER 17, 2009 (Seal) REQUESTING PARTY: Name BRETT A. SOLOMON, ESQUIRE Address: TUCKER ARENSBERG, P.C. 1500 ONE PPG PLACE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-566-1212 Supreme Court ID No. 83746 151 &" P. LnA C rt's R. Long, Prothonotary By: Deputy 1 On November 30 2009 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered, 114 Dogwood Drive, Mount Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 30, 2009 4 t'k By: Real Estate Coordinator c? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22, January 29, and Febru 5 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Mane Coyne, E ' or SWORN TO AND SUBSCRIBED before me this 5 day of Februar, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 Wrk No. 2OW1942 QVU First National Bank VS. Ronald W. Baer Krista K. Baer Atty: Brett A. Solomon ALL that certain tract of land situ- ate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with Final Subdivision Plan for Holly Hills Lot No. 31-B, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 60, Page 122, as follows: BEGINNING at a point on the southern line of Dogwood Drive, which said point is at the northeast corner of Lot No. 11 on the plan of Pine Road Heights recorded in Plan Book 16, Page 61; thence by the southern line of Dogwood Drive, North 80 degrees 52 minutes 05 seconds East 100.00 feet to a point; thence by Lot No. 31-C on the here- inabove mentioned Plan, South 24 degrees 49 minutes 55 seconds East 228.66 feet to a point; thence by Lot Nos. 28,27 and 26 on the plan of Holly Hills recorded in Plan Book 50, Page 114, South 82 degrees 14 minutes 30 seconds West 104.32 feet to a point; thence by Lot Nos. 12 and 11 on said plan of Pine Road Heights, North 24 degrees, 49 minutes 55 seconds West 190.54 feet to a point, the place of beginning. BEING Lot No, 31-B on said Plan and contain- ing 0.4798 acres, and having thereon erected a dwelling house known as 114 Dogwood Drive, Mount Holly, Pennsylvania. SUBJECT, NEVERTHELESS, to the building and use restrictions as noted on the hereinabove mentioned Plan; and Subject, further to the existing sanitary sewer right-of-way and the proposed utility/ drainage easement as noted on said Plan. BEING the same property granted and conveyed unto Ronald W. Baer and Krista K. Baer, his wife, by Deed of Joseph P. Buck and Jamesa K. Buck, his wife, dated January 29, 1999, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 1, 1999 at Book 192, page 602. CUMBERLAND COUNTY TAX AS- SESSMENT NO. 40-31-2189-054. PROPERTY ADDRESS: 114 Dog- wood Drive, Mount Holly Spring, PA 17065. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FIRST NATIONAL BK OF PA is the grantee the same having been sold to said grantee on the 5TH day of MAY A.D., 2010, under and by virtue of a writ Execution issued on the 17TH day of NOV, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 1942, at the suit of FIRST NATIONAL BANK OF PA against RONALD W BAER & KRISTA K is duly recorded as Instrument Number 201025377. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 19,0 day of AkL _, A.D. ,,'?0 j O Reco er of Deeds A w a? ;The Patriot-Nevvl Co. 812 W-irN;et Harrisbulri:I, PA I '101 Inquiries - 717-2%1`5-8213 CUMBE i?L.ANLt C:. SHERIFFS OFFICE CUMBEf ':_AN_:? C3 JNTY COURTHOUSE The Patr1*0tWX(W5 Now you know CARLIS_'r= PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ace No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, teeing (July sworn according to law, deposes and says: -ghat she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commorwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, Co(3nty and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September '8th. 1949, respectively, and all have been continuously published ever since; That the printed notice or pub"ication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested n the subject matter of said printed notice er advertising, and that all of the allegations of this statement as to the time, place and character of pubLcation are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered tsD verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Da,aphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/22110 01/29/10 02/05/10 y .....? ............... ............ Sworn to?nd subscribed before me this 24 day of February, 20-0 t? D. Notary Public i:;O MP11C?NVV r kurr, ¢ c:sE 1VC`9S°tl 'iJE YVIt: ?Notwir3i ??' Cis` a•t??rx;;?,?rr?, 'JaiephN-+ "??csr?tp Atiy Ccrresn???skm ?s;?irHS '?5au. ;?6, 2'J1? 'uterntler ?enr;$vl,eania r?+;?rcia"i,-n ?:F P;fntarl-as Docket Number: 2008-1942 Civil Term First National Bank M Ronald W Baer Krista K Baer Atty: Brett A. Solomon :h It c 'illlld tra,'t ,+ 'and stmt ? tfiddiietwi Ftwnship, Cumberland Countv ??nnsvlvattia hounded and described 4n ?<cordancc with Final Suh&ision flan lou Jolly Hilts Lot V 31 B, khich Plun i, ¢0rded in the Office of the Recorder ofi Deed, end for Cumberland Count v. Penns 0-aniu. in hart Book 60. Page 122. as follows ,GINNING at a point on the southern line of gwood Drive, which said point is at ti c iOriheasl corner of Lot Nb. I 1 on the plan a. ",rte Road Heights recorded in Plan Book it,, "W 61: thence by the southern line of >ogerood Drive, North 80 degrees 52 minute, !s ?cconds Fast 100.00 feet to a point thence by >n No ",l C on the hereinabove mentioned Plan, South 24 degrec, 49 minutes 55, seconds Past 225.66 feel it) a point: thence by Lot No, .X27 and 26 on the plan of Holly Hills recorded Plan Boot; 50, Page 114, South 82 degrees N pinvv 30 > ond• West 104.32 feet to a point, hence by Lot Nos. 12 and U on said plan of :.e Road Heights. North 24 degrees. 4?t I flute, 55'C?onds West 190.54 feet to a point. K. Place of bgmning. BEING Lot No. 3f -B ot, Plan and containing 0.4798 acres. and a, trig thereon erected a dwelling house known 114 Dogwood Drive, Mount Holl i -mtsvhania. SUBJECT NEVERTHELESS to he building and use rcCtncf ons as noted on the ?rrcinabove mentioned Plan: and subject, rrttrer to the csisting sanitary sewer right-of „1i and the proposed utility/drainage easement - noted on said Plan. BEING the same property ranted and conveyed unto Ronald W. Baer and l dsta K. Baer, his wife, by Deed of Joseph P ituck and Janesa K. Buck. his wife. dated 'anuarv 29. 1999, and recorded in the Office of etc Recorder of Deeds of Cumberland County, Pemtsylvania on February 1. 1999 at Book 192. page 602. CUMBERLAND COUNTY TAX ASSESSMENT NO. 40-31-2189-054 PROPERTY ADDRESS: 114 Dogwood Drive. Mount Holly Spring. PA 17065