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08-2208
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. JOSHUA D. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. I hereby certify that the property to be foreclosed upon is: 37 Hillcrest Road Wormleysburg, Pennsylvania 17043 Borough of Wormleysburg Parcel #47-20-1856-019 / Brett A. Solomon, Esquire Attorney for Plaintiff CIVIL DIVISION No. 68 - 2909 0,61111 Tex-iM CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Code: 140 Filed on behalf of PNC BANK, NATIONAL ASSOCIATION, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa I. D. # 83746 bsolomongtuckerlaw.com Michael C. Mazack, Esq. Pa I. D. # 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 BANK FIN:316717-1 000011-134902 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION Plaintiff, ) No. VS. ) JOSHUA D. LOCK, JOANNE LOCK AND ) THE UNITED STATES OF AMERICA, ) Defendants. ) IMPORTANT NOTICE You have been sued in court. If you wisli 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 OR CANNOT AFFORD ONE, 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P. O. Box 186 Harrisburg, Pennsylvania 17108 Telephone: (800) 692-7375 BANK FIN:316717-1 000011-134902 AVISO Le han de mandado a usted en la corte. Si usted quiere defenderse de estas demandas expeustas en las paginas siguientes, usted tiene viente (20) dias de pla/o al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregara la corte enroma ascrita sus defenses o sus objecones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidasy puede continuar la demanda en contra suy a sin previo aviso a notificacion. Ademas, la corte puede decider a favor del demande\ante y require que usted cumpla con todas las provisioner de esta demanda. Usted puede erder dinero o sus propiedades o ostro derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIALAMENTE. SI NO TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENIRA ESRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P. O. Box 186 Harrisburg, Pennsylvania 17108 Telephone: (800) 692-7375 BANK FIN:316717-1 000011-134902 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) vs. ) JOSHUA D. LOCK, JOANNE LOCK AND ) THE UNITED STATES OF AMERICA, ) Defendants. ) CIVIL DIVISION No. Op- 74A- COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES PNC Bank, National Association ('Bank"), by and through its counsel, Tucker Arensberg, P.C., and avers the following in support of its Complaint in Mortgage Foreclosure: 1. PNC Bank, National Association is a national banking association organized under the laws of the United States of America with a principal place of business at One PNC Plaza, 249 Fifth Avenue, Pittsburgh, PA 15222. 2. Defendants, Joshua D. Lock and Joanne Lock, are adult individuals whose last known address is 37 Hillcrest Road, Wormleysburg, Pennsylvania 17043. 3. Defendant, The United States of America ("USA") has an address of c/o Office of the United States Attorney, Middle District of PA, William J. Nealon Federal Building, Suite 311, 235 N. Washington Avenue, Scranton, Pennsylvania 18501-0309. 4. The United States of America is a Defendant herein by virtue of a Federal Tax Lien filed in Cumberland County on July 28, 2005 at Document No. 2005-03862, in the amount of $393,146.83 plus penalty and interest. 5. On or about February 9, 2001, Joshua D. Lock and Joanne Lock ('Borrowers"), executed a Home Equity Line of Credit Note ("Note").whereby Borrowers promised to pay Bank the BANK FIN:316717-1 000011-134902 principal amount of $160,000.00 plus interest and other amounts as more particularly set forth in the Note. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein. 8. The obligations evidenced by the Note are secured by a Mortgage dated February 9, 2001 ("Mortgage") given by Defendants, Joshua D. Lock and Joanne Lock ("Mortgagors") to Bank, encumbering certain real property located in the Borough of Wormleysburg, County of Cumberland, Pennsylvania, as more particularly described therein ("Premises"). The Mortgage was recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 23, 2001 in Mortgage Book Volume 1672, page 1632. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and incorporated herein. 9. The Defendants are in default of the provisions of the Note for failure to make payment when due and therefore the Mortgagors are in default of the provisions of the Mortgage. 10. The Defendants are the record and real owners of the Premises. 11. There has been no assignment, release or transfer of the Note or the Mortgage. 12. On or about November 26, 2007, Notices were sent to Defendants in accordance with 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) that an action on the Mortgage may be commenced after 30 days from the date of the Notices. Said Notices further advised Defendants of Defendants' rights and obligations in accordance with the Acts. Copies of the Notices sent to the Defendants are attached hereto as Exhibit "C" and incorporated herein. 13. The amount due Bank under the Note and the Mortgage as of October 18, 2007 was as follows: Principal $158,206.55 Interest from October 18, 2007 4,959.31 (continuing thereafter at $31.4245 per diem) Late Charges 805.38 Costs To Be Added Attorneys' Fees 1,015.00 TOTAL $164,986.24 BANK FIN:316717-1 000011-134902 14. The total amount due to Bank under the Note and the Mortgage as of October 18, 2007 was One Hundred Sixty-Four Thousand Nine Hundred Eighty-Six and 24/100 Dollars ($164,986.24), plus costs and attorneys' fees. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of One Hundred Sixty-Four Thousand Nine Hundred Eighty-Six and 24/100 Dollars ($164,986.24), plus continuing interest at the contract rate from October 18, 2007, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. TUCKER ARE ERG, P.C. By: e grett A. Solomon, Esquire Pa. I.D. No. 83746 1500'One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for PNC Bank, National Association, Plaintiff BANK FIN:316717-1 000011-134902 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION Plaintiff, ) No. ) VS. JOSHUA D. LOCK, JOANNE LOCK AND ) THE UNITED STATES OF AMERICA, ) Defendants. ) AFFIDAVIT OF NON-NULITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) I, Brett A. Solomon, Esquire, Attorney for PNC Bank, National Association, being duly sworn according to law, hereby depose and say that the Defendants, Joshua D. Lock, Joanne Lock and The United States of America, are not members of the military service of the United States of America to the best of my knowledge, information, an d lief. Bre A. Solomon, Esquire Attorney for PNC Bank, National Association, Plaintiff Sworn to and subscribed before me this ? day o , 2008. __ C'k__1,' Ly\? - Nota ub My Commission Expire C0MM01yW&4LrH -P -%WENNSY Vq?gq CY of Pik, A8NOINY PL 909My btlc Memo Pen SN ie^? 20M Non of Nofarfes BANK FIN:316717-1 000011-134902 (Page 4 of 21) EXHIBIT -:A- (Page 5 of 21) (Page 6 of 21) rYS'r.c 7?'??,V,r+".Y?'Si:4°i?: ?!jir, ,: :?.,.?.,:'?;.jrF•'? :"1.?'?:?::1??•.i.? t- ((1{, i 3' i}.i'p;.'t'yFJa :eGr?ti ;-R- V "A. Y: :.;z`l'" -?,? •'. - ? °•`;ki?+: -Lj s , EERALCON0 N E REbIT. IV. C •- "••- f •'' '" AV BEEN IYEN O :YOU AND ARE.PART OP.,THIt 11[90411 ' TEf3 1EyFON T ONS,'EL ANO ON.IME:RgYE E,EIOEi,•?t 10.1 ?:• , y ?,.",:N'a?'F?' ~" t" Dila: 1?;r,`:.. ?.rp; •;l'-C+ f ,•Ors AccourA: -Ji•; - r f. . s= ,a a .A nl'. : as owed IN IMS Am?N? ?'am n to oa : ?"l. ions s s Wate Mon ft butif et 1 It?? t u iro "WAth?lcpptlaKrd Corrddiorls of the Char end a $m ? + ea a Y s ? ,? ' ?!Mc ' a in;we?irce, Re tK_ddd!adMn.fo Ibis Apse jpe M icon of entity P?ynrl? Ow al kasl Miem ??4^t!!!$ ?: y1n!! 4 r, .T? •ri t ,•? I)!eibaria Net OaN.': {: tc +h x.10'` ; :, •. • Na to' make *468' flail Nr°atteait wl? . FeYery' stpcmd thw ; mime M ak account 8 enlr 4rM to est?Q qN ! e fora f r; •' ?a .i; ??? ON p?eis es : nvx b app"" of al Ipp 41 4W al to the : GedA. , ? •`r: ftm .. to to to afire us loth peilonil riii?il+i uw ?4`!!?!9?1 ?,?y, ' ; p 1ila Orrrier dote Mw the to tune. `' , ` I (d Nd to 10 us Was inioi+mW a vju,%04 4 !n1r 1Y? let E ,. ,?1,i bi i Chub iW9 Of an li oat a NaroRa ale IN IKwupt .: ; '?'' : f „- ,? `•? fat "Men 1? 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We wit its 0W INd1 br. billed t1nalKe Clrarps; Men to per UWA.intwina PI"" -• f, ,.;,•:.,,,:' , ., ,. ; :. ? ...:....::..: • . f ?" b is NNII CtW. means dii total dollar iaioum of wtdit UN Chutes, q aa1r, then to W We Wiled Mnwel p, N : lhen,b Pa emowda W Ibl,tee X•deev vllruil dYtgliy II1 BonoPrei indlalA! prGlei ?d uwin to paY enr en?f'r? Chu 'll OnE, .. ; ., . :.: •, ,, .... , ... ".. { 1a1 tM ?Wloc iMl n_ no!IM" . ? , MN ? 1R?lor a id b1?' 'blojipp ligen to seiure' ? p Rhat S sell by Inure ae: ,.,. i. Y ll?IllT E 11 aWe:pw'ol InrReidueh are . • .. 14 M{ !of .. . 1?,??rfi wiN a?peat . montll it tM'Pafimeol I '. eM of yo(bue equarl resDonrif?,. .l, ,? lit M? ? c• t t , lhq A be•44 of atreut the day el the--! of this actions an4 Qertamaace 01 1i cbanp at lho oOf of lender :.: 7. t1011CEt. Nh +adt sM4 Aetias to rw, frosu.ia :. 0. ..+. tp?det.. 0.IN aco l apes. OR Ofaw Period has ; . Mirk Wm to that address fall be 1 W10' aA WaII - ... it MN... mull boPM. Ilw MOM oblairi .• . Ihte *4 1111101d than W "VAR NN bedn"' Un Grsl ' .a fe ' led mat. ilaless atoplFa pr t, rice: 1, •? c iw I°r' - ' a, • ; .A:r ;?, ; • 1 = ?#; r rrhi ' ; iua.'rtlll.c6Aww, vW " nave y°Uhil a?i?slderefans?Melraadedsent aR d I Art biitrie?eblainlgiAspf artylitensbn U le 1hi ittor'N bllmarralrth.°!_'. MN CE IT , ;Y ?? % • ,? ' >?? ?egr o t'a! lq_o'T s.dlscribed.lli?Ure'A?Loun? rfakRls', ? K Nlallfitllnt to praecs ar rrua.al. n uyw FR. e.ibe IAEsNRUm GedR, IM thaw ;.. ` ))ouair?e to ol? 2 end meP in pie *0 + I of t, . face0uol, M b?'ie •td .•. ihM • : MA<• ORi K THESE .INSURANCE i nil a be araI to 1?0r dutmR CHOICE. N tM lAoKfJlfl? PrefNset h • ; Sh i i AI Mle ab ot. lho aar reran. am choke is subial is W N6*.** 4 i?.?1 M AaaOd All Rapapnknt Puisd. A Notes ovt* " palae/mmpt" in a WM lcawaaelo tii'iad d , f? ?9: k us if•Iadidb In corer a l?Ir 11Mi0fr lrap?l ?4 - , t r l ' y ul Oo!lulce.0 We! thm guy chanp flad dde, .:. „ ? r1 p hair 6A Or .10U ACIfNOVIlWWr RECEtfl: ar E111p pp? ?ubp; g' E Text ?cSounl Ind all Mw EACH TNIlOOdlMENi r•.',: i.;;'. , , AGREfMEN1 0 NCIUDIN0IHE OISCII$URE Sal th •Namlei toretis?'iectioic,ach: °AN?THEGENIRALOOND11gN3ONiHEREW=I is 113 eb1eM hods hom ihb accegq{ by A INti THIS ACREEMENI 1tInICATf S' I _L IN1ENTi0N M t?mR.pg!mil rrrlhdgl.lhl #iPiture Vr` ( .r i ?:.• + ?.i.'.- : , , , ,! .; ? ;, ik RI I?F-s_5.,,'k '?iSlil g1 ,1P gyaliy for a pub AcSo ,* is you . T ; ' , ; i i? + 2 ?ISk a cA to aHea[edy pw;ilU ul 101 old l,[iis>I terms... faith the tteranYY W is an.' +> • 'µ>'' 1 ' `'u i .; Ild? IK 7?^ Of OYf : r twe-,. .,: "y.. • . 'Z 111 I $"a r ,. ii iA Gs6( n dug Act6onl it'W the ' ld IS R?atEd of 0 rOY Clas1(0'•' !f S s jw f geal(r Ior aA AnAYd P , - ap Mee OI elli.?(ai WMdnl slnr?ca o1Clcaees'a Eaeh OrrMr rltn? Ihn ARrt•metd Ntio fs'Aol ai B1f1 ' i .:? L•, rmi.app c± lo"tld AM" ran¢O: , s 04 iNOUamd.itkretl?inl? gyoM?ji'`nobifi'v ?hr!njuAntM Tou?d?arlr trrwunc?a?Ihe Matt Pr?misssNra1WM 9?t.^a!?;. , • ?- 3p meh? INs p I1M OeN ra Interrdl M MSr1Ra Pre ' ' , :.;,Lti -.?;?• : • } r ? ? ?q the Mnuaf Pe1?1Ute Rate. •. ? ,? "`„• ' ??n????rar?'defr?ll??aldpld,rb hers EoatW? .?r'4}?+dy?r?t , (Page 7 of 21) 4-55-C) OPEN-END MORTGAGE V (This Mortgage Secures Obligatory Future Advances) ..'? } Feb. 9, 2001 The Mortgagor is JOSHUA 7 LOCK & JOAHAB LOCK THIS MORTGAGI= is made on - PNC Bank D LOCK, rI JOANNE each ad of them. The `tcrgagee s If there is more than one, the word "Mortgagor" The word 'Borrower" means JOSHUA the word "Borrower" herein refers to each and all of them. National Association If there is more than one, ",Icrlgagee has granted to Borrower a home equity variable rate line of credit, providing for a Maximum Credit Limit (that-ts, a,maximum amou t of indebtedness) of One Hundred Sixty Thousand And 00/100 Drs (U.S. 3 160 , 000.00 ) under the terms of Borrower's written agreement (referred to herein as the "Agreement"), dated . Feb. 9 , 2001 Mortgagee is obligated, under terms set forth in the Agreement, to make future advances during the Craw Period of the Acccunt,which ends on the last day 7 ears from the opening of the Account occurs. Mortgagee is not obligated to mace advances of the monthly billing cycle in which the day Y - ng to after 'vances to make obligated and Limit Credit Maximum exceed Account which would cause thprier od when furthersextenlsions of c editta e p ohib t d or s sp nded as pro?ded in the Agreement tlBy the Agree en , Borrower has ad or during any p has agreed to repay the advances in monthly installments, with interest. The terms of the Agreement allow for changes in the interest rate and the monthly payment. This Mortgage secures to Mortgagee: (a) the repayment of the debt evidenced by the Agreement. with interest and other charges as provided therein; sums nd costs in ourred to protec the serest thereon, advanced hereunder for the payment of -Laxes, ecurity of this Mortgage; (c) the payment of all of Mortgagee's costs of collect cn.rinclud including costs of suit andC if with (b) the payment of premiums a the y oftsaid indebtedness, i terest, cha ges, c sts and anaction d/orlrenewaltof ancollect of this he sums permitted law, payment of reasonable attorneys' suan expenses, if suit i filed or bstitution, extensionsmodif cation, other refinancing, fees Mortgage; (d (d) pay Y ofna expenses: (e) the evidenced performance by any agreement gwhich was replaced by the Agreement, to the extent that such debt aiiseowand ed tto Mertgageetand has not been paid. of the deft e by rant and convey to Mortgagee the following described property, together with all improvements now or For this purpose, Mortgagor does hereby mortgage, g hereafter erected, and all easements, rights and appurtenances thereon, located at and known as: 37 HILLCREST RD, WORMLEYSBURG BORO, PA 17043 CUMBERLAND Qe?? -= c Date of Original Deed Nov. 1, 1 31.95 Deed Book Number 130 Page Number 596 Tax Parcel No. 47-20-1856-019 Lot No. N/A EXHIBIT The word "Property" herein shall mean all of the foregoing mortgaged property. To have and to hold the Property unto the Mortgagee, its successors and assigns, forever. Provided, however, that if the Mortgagor and/or Borrower cove has her and if reby, secured shall pay to Mortgagee the farr dit Linder the A and eement. thensanddf omothence orthn as well, thiis o resent Mortgageeand the est terhereby gra tedrtand of r!a..._ i...an.s conveyed by it shall cease, determine and become void and of. no effect, anything hereinbefore con;aw,?u ro ;:c ?'1 ? crcor, .n a •, = •?;.? clrs;° Warranty of Title. Mortgagor warrants and represents to Mortgagee that: (a) Mortgagor is the sole owner of the Property, defendand the rightto Pmortgage roperty and convey the Property; (b) the Property is unencumbered except for encumbrances now recorded; and (c) Mortgagor against all claims and demands except encumbrances now recorded. Default. Mortgagor will 6e in default under this Mortgage upon a default under the terms of the Agreement. Mortgagee's Remedies. Unless prohibited baby law, lance if the sums default under this Mortgage, Mortgagee may at its secured by this Mortg ge and owing under optionAgreemen, after Irf Mortgage so law, declare due and payable the entire unpaid and payable, Mortgagee may take possession of the Property, collect any and all rents, apply said rents to the indebtedness secured by this Mortgage, foreclose the Mortgage, or take other action upon the Mortgage as permitted cr provided by law to collect the balance owing. Remedies Cumulative. If any circumstance exists which would permit Mortgagee to accelerate the balance, Mortgagee may take such action a any time during which such circumstance continues to exist. Mortgagee's remedies under this Mortgage shall be cumulative and not alternative. Benefit and Burden. The promises, agreements and rights in this Mortgage shall be binding upon and benefit anyone to whom the Property or this Mortgage is transferred. If more than one Mortgagor signs this Mortgage, each and all of them are bound individually and together: Delay in Enforcement. Mortgagee can delay in enforcing any of its rights under this Mortgage or the Agreement wii..uut ,U$Ing OWL fight. Any waiver by Mortgagee of any provision of this Mortgage or the Agreement will not be a waiver of the same or any other provision on any other occasion. Assignment. Mortgagee may sell, transfer or assign this Mortgage without Mortgagor's consent. Severability. If any provision of this Mortgage is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the rcr';a nins provisions Ur aus wlcrigage. WITNESS the signing of this Mortgage on the date set forth above, intending to be legally bou Witness L ` Mortgagor /I A- n Witness X5 'f? IpL Mortgagor PA 00000000131 (Rev. 798)' .. •? r ?+r+ AG KIVVVVLtVIa IVItIV I taKen in the )IAIt Vr rLININoT LV A IVI A, GUUNIY Of ' yam` On thisq4t- day of FehrL-Lzacci before- CUtO? ? 1 ?\????? -y????, ,?, °r ??arne Lp?-? known to me (or sat_'_=torily proven) to be the person(s) whose name(s) is (are) .n I ne_s Wh eof, here der set y hand and official seal. Title 41 4Q, 'Jilt •J?`.y Notarial Seal $ Carol A. Leiphao, Notary Public Hampton Twp., Cumberland County My Commission Expires Nov. 15, 2003 Member. Pennsvtvania Associationot Notaries AFFIDAVIT OF SUBSCRIBING Vi 1 T NESS [Do not use if Mortgagor(s) acknowledged the Mortgage. Affidavit mus::e taken l? county where Property is located.] Before me, a notary public (who certifies that he/she is not an officer or di-__---_r of PP_' Bank, National Association), personally appeared the subscribing witness to the within Mortgage, who being duly sworn according to law, deposes and says that he/she was :ersonally present at the execution of said Mortgage, saw the within named Mortaa_er!s) and _ si;n as his/her;'their act and deed, and aeliver Sala Mortgage for the purposes therein set forth; ano that the nac-_ :r this .:aponent affixed thereto as subscribing witness is of deponent's own proper handwriting. Subscriti-g Witness Sworn -_ :^d subscribed before me this of Notary =__.ic CERTIFICATE OF RESIDENCE day I, do hereby certify that Mortgagee's precise residence is L L??bet`? 1` 2e I::,: ypx' iT}r ii l? • 4'£? Y a R I .. i.?y/.r14.R ?. t ?t it ? C \ ?•i'? :?.? . ,;.., ?, ? - _- ,.?J?1? gent ::..r,tiaoc_ i' on th RECORD in he STATE of PENNSYLVANI C UNTY of of in the Office of the Recorder Deeds in and for said page WI S and and the sea of said office the day and year aforesaid. / _Z? '?3 x7 Recorder °o> o ?NC7C?'D? v0 0 ZG1 I O O s In O =:3 C: ? ° =r M ;1 0 . DD S 4 c O M c N WO ^ O J Z, Boor 1S 7 0 rAGEiG33 ?c L D V 0 ao a? N t v ? s U4 II II ? ?D '.'':,ti?.`;r`•.•.>:._ . . ^. ,.' -:flay )V`1 ,. Z tt1 0 o _ CL O ?--+ Y M "a - l.J 3 Q-irv c o rn CD cn :a Date of this Notice: November 26, 2007 Joshua D Lock 3 7 Hillcrest Rd Wormleysburg, PA 17043 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S 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 Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit 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 NOTIFICACION 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 MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: Joshua D Lock / Joanne Lock PROPERTY ADDRESS: 37 Hillcrest Rd Wormleysburg. PA 17043 LOAN ACCT. NO.: 040-03-48108739704 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, NA MONO EXHIBIT HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. 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 NOTICE CALLED "HOW TO CURE YOUR MORTGAGE-DEFAULT",. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end_ of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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 Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer 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 thirty (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 mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 37 Hillcrest Rd, Wormleysburg, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $1,601.93 for each of the months from Jul 2007 throu h November 2007 Other charges (explain/itemize): Late Charges for $885.47 TOTAL AMOUNT PAST DUE: $8,926.53 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 8 9$ , 26.53, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE TFERTY (30) DAYS PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: PNC Bank NA 2730 Liberty Avenue 2°d Floor Mailstop• P5-PCLC-02-N Pittsburgh PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney'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 pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime pp to one hour before the Sheriff's Sale You may do so by paving the total amount then past due plus an late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and _any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank, NA Address 2730 Liberty Avenue 2°d Floor Mailstop• P5-PCLC-02-N Pittsburgh PA 15222 Phone Number: (412) 762-4340 or 1-800-878-0027 Contact Person: Arthur D Hayhurst 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 MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Chester Story PNC Bank, National Association cc: 1st Class U.S. Mail, postage prepaid CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (see attached) Date of this Notice: November 26, 2007 Joanne Lock 37 Hillcrest Rd Wormleysburg, PA 17043 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose._ Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S 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 Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit 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 NOTIFICACION EN ADJUNTO ES DE SUMA IIvIPORTANCIA, 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 MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: Joanne Lock PROPERTY ADDRESS: 37 Hillcrest Rd Wormle ssburg, PA 17043 LOAN ACCT. NO.: 040-03-48108739704 ORIGINAL LENDER: CURRENT LENDER/SERVICER: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. 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 NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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 Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer 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 thirty (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 mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 37 Hillcrest Rd, Wormleysburg, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $1,601.93 for each of the months from July 2007 through LAS 1. Other charges (explain/itemize): Late Charges for $885.47 TOTAL AMOUNT PAST DUE: $8,926.53 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 $8,926.53, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either b cash cashier's check certified check or money order made payable and sent to: PNC Bank NA 2730 Liberty Avenue 2°d Floor Mailstop• P5-PCLC-02-N Pittsburgh, PA 15.222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney'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 pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paving the total amount then past due plus an late or other charges then due reasonable attorne 's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice.. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank, NA Address 2730 Liberty Avenue 2Id Floor Mailstop• P5-PCLC-02-N Pittsburgh, PA 15222 Phone Number (412) 762-4340 or 1-800-878-0027 Contact Person: Arthur D Hayhurst 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 MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Chester Story PNC Bank, National Association cc: 1st Class U.S. Mail, postage prepaid CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (see attached) fi N v a H. n d1 a y N 1-? 410 N N ~ to N ON o. 1 m 1--• ? N w 0 1:8 UJ; C4 t4 o -j? o ,? 0 ;g ]cam p???? ta :3, Ni -I9 N C Ic 0000 IA r Do o ja H ? ° K cA 7r K 0, lfl ? f'r j tQ K? ! 3 y 1 i ???? U) ; w; w ? w ?m. ; g t m n i o a v 1 I I o m ? n p? •• L3. o Ln L" Ln Ln U•v o N N y co 00 ao OD co a' CO o CD C CD ?on„D N N N'ti N Oo o m^ N N • fn m.o?Nx Ul 111 ? ? Lil m ° d °, a m o, y ?x g ^ o y 3 _0 ?om'_3m m m _ =' m cA a N mU eu ?D d o d ? ? m m n f U wX am .• Q? GYM co °: rC <:3 a n v Z1 n N o ? m cNO C v - -- „? 1 T -n • • • I LJ1 N N N ~ ? N i K) N) 0 0 0 0 Cumberland County Urban League of,Ae=,politan Harrisburg .2107N6°'St Harrisburg, ?A 17101 (717) 2:1-=925 Fax (717) 2=2-1985 yWC.k of Carlisle 301 C St Carlisle, ?A 17013 (717) 24:-:818 F 3,z (71 7) ===--948 Consurner Credit Counseling Sz"ncc 2000 Lingles-.own Rd Han; isburg, ??+ 17102 (717) 54i-17157 inanci3l Counseling Se^r?ee of cralzklin County 31 W3r,St Waynesboro. ?A 17268 (717) 16= 3 295 VERIFICATION I, Darnella Ganaway, Attorney Relations Manager, and duly authorized representative of PNC Bank, National Association, 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 Darnella Ga-=Way Attorney Relations Manager PNC Bank, National Association ? n N 7 (? li7rn Q ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02208 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS LOCK JOSHUA D ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: UNITED STATES OF AMERICA THE C/O OFFICE OF US ATTORNEY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LACKAWANNA County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On June 2nd , 2008 , this office was in receipt of the attached return from LACKAWANNA Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Lackawanna Cc 27.40 Postage 1.82 54.22 ? 410l? 06/02/2008 TUCKER ARENSBERG Sworn and subscribe to before me this day of So mas Kline f of Cumberland County T A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-02208 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS LOCK JOSHUA D ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LOCK JOSHUA D the DEFENDANT at 1605:00 HOURS, on the 24th day of April , 2008 at 37 HILLCREST ROAD WORMLEYSBURG, PA 17043 by handing to MARTIN LOCK, SON 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 Service Affidavit Surcharge So Answers: 18.00 16.00 00 r 10.00 R. Thomas Kline .00 ? 44.00 06/02/2008 TUCKER ARENSBERG Sworn and Subscibed to before me this of By: 1--- day Deputy Sheriff A. D. 4 CASE NO: 2008-02208 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS LOCK JOSHUA D ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon T.r) ''u .Tr)ATxMT" the DEFENDANT , at 1605:00 HOURS, on the 24th day of April , 2008 at 37 HILLCREST ROAD WORMLEYSBURG, PA 17043 by handing to MARTIN LOCK, SON 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 Service Affidavit Surcharge -?1o41of ?), So Answers: 6.00 r .00 .00 10.00 R. Thomas Kline .00 16.00 06/02/2008 TUCKER ARENSBERG Sworn and Subscibed to before me this of By day ?-Deputy Sheriff A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania PNC Bank National Association vs. Joshua D. Lock et al SERVE: The United States of America No. 08-2208 civil Now, April 8, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lackawanna County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA I \ i> Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock within upon at by handing to a copy of the original M. served the I and made known to Sworn and subscribed before me this day of , 20 the contents thereof. So answers, ti r- ` CA C-) 3cn C, N Sheriff of ?Coun n ? ?C COSTS SERVICE _ MILEAGE _ AFFIDAVIT SHERIFF'S RETURN - REGULAR CASE NO: 2008-00199 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA PNC BANK NATIONAL ASSOC. VS U.S.A C/O U.S. ATTY. ROBERT MOORE Deputy Sheriff of Lackawanna County County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT MORT. FORE was served upon U.S.A. C/O U.S. ATTY. the DEFENDANT , at 0009:10 Hour, on the 16th day of April , 2008 at WILLIAM J. NEALON FEDERAL BLDG 235 N. WASH. AVE. SUITE 311 SCRANTON, PA 18501 MARY BETH MIKOLALCZAK by handing to (SECRETARY) PERSONALLY a true and attested copy of COMPLAINT MORT. FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing v .00 Service ffid it a .00 00 av A . Surcharge .00 .00 .00 Sworn and Subscribed to before me this day of Yh n - _. Sr A.D. So Answers: John Szymanski, Sheriff Deputy Sheriff 00/00/0000 SCRANTON CITY ,. C LACIG4WAAWANNA COUNTY My Commission Expires Apr 19, 2009 PNC BANK, NATIONAL ASSOCIATION, PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff V. JOSHUA D. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, : CASE NO. 08-2208 Civil Term Civil Action - Complaint in Mortgage Foreclosure Defendants NOTICE TO PLEAD TO: PNC Bank, National Association c/o Brett a. Solomon, Esq. Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 You are hereby notified to file a written response to the within New Matter within twenty (20) days of service hereof or a judgment may be entered against you. Date: June 23, 2008 Th m J. Webe , Esquire (58853) Goldberg Katzman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Joshua D. and Joanne Lock Thomas J. Weber, Esquire (#58853) GOLDBERG KATZMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 PNC BANK, NATIONAL ASSOCIATION, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JOSHUA D. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, : CASE NO. 08-2208 Civil Term Civil Action - Complaint in Mortgage Foreclosure Defendants DEFENDANTS JOSHUA D. AND JOANNE LOCK'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT IN MORTGAGE FORECLOSURE AND NOW comes the Defendants Joshua D. Lock and Joanne Lock, by and through their counsel, Goldberg Katzman, P.C., and in respond to Plaintiff's Complaint, avers as follows: Admitted, based upon information and belief. 2. Admitted. 3. Admitted, based upon information and belief. 4. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 4 of Plaintiff s Complaint, and, therefore, they are denied. 5. The averments contained in paragraph 5 of Plaintiffs Complaint refer to a home equity line of credit loan document which, as a writing, speaks for itself. 8. The averments contained in paragraph 8 of Plaintiff's Complaint refer to a mortgage which, as a writing, speaks for itself. 9. The averments contained in paragraph 9 of Plaintiffs Complaint constitute conclusions of law to which no response is required. By way of further answer, paragraph 9 of Plaintiff's Complaint does not set forth with requisite specificity the nature of the purported defaults Defendants have committed, and strict proof of the same is required at trial. 10. Admitted. 11. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 11 of Plaintiff s Complaint, and, therefore, they are denied. 12. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 12 of Plaintiffs Complaint, and, therefore, they are denied. By way of further answer, Defendants do not have any recollection of receiving the notices purportedly sent on November 26, 2007. 13. The averments contained in Paragraph 13 of Plaintiff's Complaint constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 13 of Plaintiff s Complaint, and, therefore, they are denied. By way of further answer, the averments contained in paragraph 13 of Plaintiffs Complaint indicate an amount due and owing as of October 18, 2007. However, the paragraph goes on to aver that $4,959.31 is due for interest from October 18, 2007. Furthermore, Plaintiff has provided no support for its assertion for entitlement to attorneys fees of $1,015.00. 14. The averments contained in Paragraph 14 of Plaintiff's Complaint constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, 2 they are denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 14 of Plaintiffs Complaint, and, therefore, they are denied. 15. The answers contained in paragraphs 1 through 14 are incorporated herein as though set forth in their entirety. 16. Plaintiff's claim is barred in full and in part as a result of the payments made by Defendants. WHEREFORE, Defendants respectfully request that judgment be entered in their favor and against the Plaintiff. Respectfully submitted, /A I (I a ? / i lay Tho J. Weber, s ire (#58853) GOLDBERG KA ZMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: June 23, 2008 3 VERIFICATION I hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unworn falsification to Date: B CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Brett A. Solomon, Esq. Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 rWQepsq Date: June 23, 2008 159581.1 na t: > ?Y ? ?? ?._ ?-7 -? -- ? ?r ? C.:, f?l ? - ?? i" ? 9 ? ,.< :a ??t .. ? _ ^`? _ L?. ? ?,,.,..h ???. 1011, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, No. 08-2208 VS. JOSHUA D. LOCK, JOANNE LOCK and REPLY TO NEW MATTER THE UNITED STATES OF AMERICA, Defendants. Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I. D. #83746 bsolomon@iuckerlaw.com 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 PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION Plaintiff, No. 08-2208 VS. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, Defendants. REPLY TO NEW MATTER Plaintiff, by and through its counsel, Tucker Arensberg, P.C., file this Reply to New Matter, stating as follows: 16. The allegation contained in paragraph 16 of the Defendants' New Matter is a legal conclusion to which no response is required. To the extent a response is required, the allegation is denied. WHEREFORE, Plaintiff requests that this Honorable Court enter judgment against the Defendants, Joshua D. Lock and Joanne Lock, as requested in Plaintiffs Complaint in Mortgage Foreclosure, and grant such other relief as this Court deems just. Respectfully submitted, R AJMNSBERG, P.C. Brett A. Solomon, Esquire Pa. I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 BANK FIN:329093-1 000011-134902 a CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Reply to New Matter, was served on the Defendants, Joshua D. Lock and Joanne Lock, on the ( / day of July, 2008, by first class, postage prepaid, U.S. Mail, as follows: Thomas J. Weber, Esquire Goldberg Katzman PC 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 BANK FIN:329093-1 000011-134902 ?; `? -r.? ih.- c-- --a ... 4.? ?4 ?? ;?., '"R'. C . ?Li ? ? 4`?! ,?'` r. `? .. ? .{ 0 PNC BANK, NATIONAL ASSOCIATION, THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, MORTGAGE FORECLOSURE V. NO. 08-2208 JOSHUA D. LOCK, JOANNE LOCK, AND UNITED STATES OF AMERICA Defendants STIPULATION It is hereby stipulated and agreed by and between PNC Bank, National Association, Plaintiff and the Defendant, United States of America, as follows: 1. That the premises referred to in the Complaint is owned by the Defendants, Joshua D. Lock and Joanne Lock. 2. The Plaintiff filed an action in mortgage foreclosure to the above number and term, and named as Defendants, Joshua D. Lock and Joanne Lock and The United States of America. 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 seg. 4. The United States of America hereby accepts service of the Complaint and waives its 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, at Case #2005-03862 in the amount of BANK_F IN:330276-1 000011-134902 1 A- /'! % $393,146.83, entered in the Prothonotary's office of Cumberland County, Pennsylvania. 6. That the Federal tax lien referred to in paragraph "5" in the total amount of $393,146.83 is junior in time to the Plaintiff's mortgage set forth in paragraph "4" of Plaintiff's Complaint. That the Defendant, 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, 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 shall be served on the Defendant, United States of America. 10. That the judicial sale of said property shall discharge the Federal Tax Lien referred to in paragraph "52" 11. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due the United States shall be sent to the Internal Revenue Service, P.O. 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, United States of America, preserves its right of redemption as provided in Title 28, United States Code, Section 2410(c). BANK FIN:330276-1000011-134902 - 2 13. The parties to this Stipulation shall bear their respective costs in this proceeding. Dated: 7 [lei 61161 - - By: TUCKER Brett A. Solo . P.C. MARTIN C. CARLSON United States Attorney Dated: 12" By: Melissa A. Swauger Assistant U.S. Attorney Attorney for United States of America BANK FIN:330276-1 000011-134902 3 ? ? ? ? ?.. ?. ?.. tr.?;. c? ' Y= ? _ .?, :" ? ?.?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 08-2208 vs. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, MOTION FOR SUMMARY JUDGMENT Defendants. Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I. D. #83746 bsolomon(aDtuckerlaw.com TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 BANK FIN:329962-1000011-134902 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 08-2208 VS. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, Defendants. MOTION FOR SUMMARY JUDGMENT AND NOW, comes PNC Bank, National Association, (hereinafter "Plaintiff'), by and through its counsel, Tucker Arensberg, P.C., and files the within Motion for Summary Judgment, in support of which Plaintiff avers as follows: Pursuant to Rule 1035.1 of the Pennsylvania Rules of Civil Procedure, the Bank moves this Court for summary judgment in foreclosure in its favor and against Joshua D. Lock and Joanne Lock (the "Defendants"), on the basis that there is no genuine issue as to any material fact and that the Bank is entitled to judgment on its Complaint as a matter of law. The bases for this Motion are set forth in the accompanying Brief in Support of the Motion for Summary Judgment, which is incorporated herein by reference. WHEREFORE, the Bank respectfully requests that this Court grant this Motion for Summary Judgment and enter judgment in foreclosure against the Defendant. Respectfully submitted, TU R A , P.C. Br tt A. S omon, Esquire Pa. I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 BANK FIN:329962-1 000011-134902 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 08-2208 vs. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, Defendants. ORDER OF COURT AND NOW, to wit, this day of , 2008, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiffs Motion for Summary Judgment is granted. It is further ORDERED, ADJUDGED and DECREED that Judgment in mortgage foreclosure is hereby entered in favor of the Plaintiff, PNC Bank, National Association, and against Joshua D. Lock and Joanne Lock, in the amount of $164,986.24, plus interest from October 18, 2007 at the contract rate, reasonable attorneys fees and costs of suit. BY THE COURT: J. BAN K_FIN:329962-1 000011-134902 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 08-2208 VS. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, Defendants. CERTIFICATE OF SERVICE -{lr\ The undersigned hereby certifies that on this day of , 2008, a true and correct copy of the within Motion for Summary Judgment, was served on counsel the Defendant by first class, U.S. Mail, postage prepaid, at the following address: Thomas J. Weber, Esquire Goldberg Katzman PC 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 A.$olomon, Esquire BANK_FIN:329962-1 000011-134902 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 08-2208 vs. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Defendants. Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I. D. #83746 bsolomon_@tuckerlaw.com TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 08-2208 vs. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, Defendants. BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION. On or about April 7, 2008, PNC Bank, National Association (the "Plaintiff'), filed a Complaint in Mortgage Foreclosure (the "Complaint") against Joshua D. Lock, Joanne Lock and the United States of America (the "Defendants") whereby the Plaintiff sought foreclosure of a parcel of real property owned by the Defendants located at 37 Hillcrest Road, Wormleysburg, Pennsylvania 17043 (the "Premises"). A true and correct copy of the Complaint is attached hereto and incorporated herein as Exhibit "1". On or about June 23, 2008, the Defendants filed an Answer with New Matter (the "Answer"). A true and correct copy of the Answer is attached hereto and incorporated herein as Exhibit "2". On or about July 16, 2008, the Plaintiff filed a Reply to New Matter. A true and correct copy of the Answer is attached hereto and incorporated herein as Exhibit "3". II. MATTER BEFORE THE COURT: This brief is in support of a Motion for Summary Judgment seeking entry of summary judgment against the Defendants in foreclosure as to the Premises. III. STATEMENT OF QUESTION INVOLVED: Whether the Plaintiff has plead all necessary elements in a mortgage foreclosure action are set forth in Rule 1147 of the Pennsylvania Rules of Civil Procedure such that Plaintiffs Motion for Summary Judgment should be granted? 1 Yes, the elements necessary for a judgment in mortgage foreclosure have been plead in the Complaint by the Plaintiff in accordance with Pa. R. Civ. P. 1147 such that Plaintiffs Motion for Summary Judgment should be granted. IV. FACTS: There is no genuine issue as to the following facts: 1. Plaintiff, PNC Bank, National Association (the "Bank"), is a banking association with business offices at 2730 Liberty Avenue, Pittsburgh, PA 15222. (Complaint ¶l; Answer ¶1) 2. Defendants, Joshua D. Lock and Joanne Lock, are adult individuals with a last known address of 37 Hillcrest Road, Wormleysburg Pennsylvania 17043. (Complaint 12; Answer ¶2) 3. Defendant, The United States of America ("USA") has an address of c/o Office of the United States Attorney, Middle District of PA, William J. Nealon Federal Building, Suite 311, 235 N. Washington Avenue, Scranton, Pennsylvania 18501-0309. (Complaint 13; Answer ¶3) 4. On or about February 9, 2001, Joshua D. Lock and Joanne Lock ("Defendants") executed a Home Equity Line of Credit Note (the "Note"), whereby Defendants promised to pay Bank the principal amount of $160,000.00 plus interest and other amounts as more particularly set forth in the Note. (Complaint ¶5; Answer ¶5) 6. The obligations evidenced by the Note are secured by a Mortgage dated February 9, 2001 ("Mortgage") given by Defendants, Joshua D. Lock and Joanne Lock ("Mortgagors") to Bank, encumbering certain real property located in the Borough of Wormleysburg, County of Cumberland, Pennsylvania, as more particularly described therein ("Premises"). The Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 23, 2001 in Mortgage Book Volume 1672, page 1632. (Complaint ¶8; Answer ¶8) 7. The Defendants are the record and real owners of the Premises. (Complaint ¶10; Answer ¶10). V. SUMMARY JUDGMENT STANDARD. The entry of summary judgment, in whole or in part, is appropriate upon the motion of any party: (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or (2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. PA. R.CIV.P. 1035.2 (1996). The motion must be filed after the relevant pleadings are closed, but within such time as to not unreasonably delay trial. Id. The right to summary judgment must be free and clear from doubt. Drapeau v. Joy Technologies, Inc., 670 A.2d 165, 167 (Pa. Super. Ct. 1996), alloc. denied, 683 A.2d 883 (Pa. 1996). The foregoing standard for the entry of summary judgment is met in the instant action. VI. ARGUMENT: A. The Essential Elements of an Action in Mortgaee Foreclosure The elements that must be plead in a mortgage foreclosure action are set forth in Rule 1147 of the Pennsylvania Rules of Civil Procedure as follows: 1. the parties to and the date of the mortgage, and of any assignments, and a statement of the place of records of the mortgage and assignments; 2. a description of the land subject to the mortgage; 3. the names, addresses and interest of the defendants in the action and that the present real owner is unknown if he is not made a party; 4. a specific averment of default; 5. an itemized statement of the amount due, and 6. a demand for judgment for the amount due. The foregoing elements have been plead in the Complaint in accordance with Pa. R. Civ. P. § 1147. B. There is No Genuine Issue of Material Fact - Facts Not Expressly Admitted in Answer - But Admitted as a Matter of Law. The elements of the Bank's case which are not expressly admitted in the Answer are set forth in Paragraph Nos. 4, 9, 11, 12, 13 and 14 of the Complaint, relating to (1) the Federal Tax Lien filed with the Prothonotary of Cumberland County against Joshua D. Lock and Joanne Lock (Complaint 14 ); (2) whether the Note and Mortgage have been assigned, released or transferred (Complaint 111); (3) the default under the Note and Mortgage (Complaint ¶8); (4) whether notice was sent pursuant to 35 P.S. §1680.403C and 41 P.S. §403 for the default under the Note and Mortgage (Complaint ¶12); and (5) the total amounts due under the Note and Mortgage (Complaint 1113 & 14). a. The Federal Tax Lien. In response to Paragraph No. 4 of the Complaint, alleging that a Federal Tax Lien in the amount of $397,146.83 was filed against Joshua D. Lock and Joanne Lock in Cumberland County at No. 2005- 3 862, the Defendants responded as follows: After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 4 of Plaintiffs Complaint and therefore they are denied. Attached hereto as Exhibit "4" is a true and correct copy of the Federal Tax Lien as filed in the Prothonotary's office of Cumberland County at No. 2005-3862. b. The Defendants are in default under the Note and Mortgage for failure to make required Payments when due. In response to Paragraph No. 9 of the Complaint, alleging default by the Defendants under the Note and Mortgage, the Defendants responded as follows: The averments contained in paragraph 9 of Plaintiffs Complaint constitute conclusions of law to which no response is required. By way of further answer, paragraph 9 of Plaintiffs Complaint does not set forth with requisite specifically the nature of the purported defaults Defendants have committed, and strict proof of the same is required at trial. Attached hereto as Exhibit "5" is an Affidavit of Karrie Cholewa, Foreclosure Manager of PNC Bank, National Association who verifies the accuracy of the information contained in the Complaint, this Brief and the statement of payment history by the Defendants under the Note and Mortgage (the "Pay History"), which is attached to the Affidavit as Exhibit "A". The Pay History shows that the Defendants are currently due for the July 15, 2007 payment under the Note. As the Defendants are due for the July 15, 2007 payment under the Note, the Defendants are in default of their obligations to the Bank under the clear and unmistakable language of the Note and the Mortgage. C. No assignment, release or transfer of the Note or Mortgage In response to Paragraph No. 11 of the Complaint, the Defendants responded as follows: After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 11 of Plaintiffs Complaint, and, therefore, they are denied. Attached hereto as Exhibit "5" is an Affidavit of Karrie Cholewa, Foreclosure Manager of PNC Bank, National Association who verifies that the Note and Mortgage given to the Bank by the Defendants have not been assigned, released or transferred. d. Notices of the Bank's intention to foreclose upon the Premises were yronerly forwarded to the Defendants In response to Paragraph No. 12 of the Complaint, the Defendants responded as follows: After reasonable investigation, Answer Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 12 of Plaintiffs Complaint, and, therefore, they are denied. By way of further answer, Defendants do not have any recollection of receiving the notices purportedly sent on November 26, 2007. Pursuant to 35 P.S. §1680.401c, et seq., the Pennsylvania Housing Finance Agency ("PHFA") may make loans to Pennsylvania residents secured by liens on residential real property and requires mortgagees to provide written notice to mortgagors prior to commencing foreclosure proceedings on these residential real properties. This section does not apply if (1) the property securing the mortgage is not the principal residence of the mortgagor; or (2) the property securing the mortgage is not a one or two-family owner-occupied residence. Pursuant to 35 P.S. §1680.403c(a) , "Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at this or her last known address, the notice provided in subsection (b) ... " Subsection (b) provides that, "The notice shall list consumer credit counseling agencies and shall advise the mortgagor of his delinquency or other default under the mortgage and that such mortgagor has thirty (30) days to have a face-to-face meeting with the mortgagee who sent the notice or a consumer credit counseling agency to attempt to resolve the delinquency or default by restructuring the loan payment schedule or otherwise." 35 P.S. §1680.403c(a). Pursuant to 41 P.S. §403(a) (Notice of intention to foreclose), "before any residential mortgage lender may accelerate the maturity of any residential mortgage obligation, commence any legal action including mortgage foreclosure to recover under such obligation, or take possession of any security of the residential mortgage debtor for such residential mortgage obligation, such person shall give the residential mortgage debtor notice of such intention at least thirty days in advance." Pursuant to 41 P.S. §403(b), "Notice of intention to take action as specified in subsection (a) of this section shall be in writing, sent to the residential mortgage debtor by registered or certified mail at his last known address and, if different, at he residence which is subject of the residential mortgage." Pursuant to 41 P.S. x'101, et seq., a "residential mortgage" is "an obligation to pay a sum of money in an original bona fide principal amount of fifty thousand dollars ($50,000.00) or less, evidenced by a security document and secured by a lien upon real property located within the Commonwealth containing two or fewer residential units." A "residential mortgage debtor" is a non-corporate borrower who is obligated to a residential mortgage lender to repay in whole or in part a residential mortgage." Additionally, pursuant to 41 P.S. §404(b) "to cure a default under this section, a residential mortgage debtor shall: (1) Pay or tender, ... all sums which would have been due at the time of payment or tender in the absence of default and the exercise of an acceleration clause, if any; ... (3) Pay or tender any reasonable fees allowed under Section 406 (allowing reasonable fees, including settlement costs and attorneys' fees upon commencement of a foreclosure action) and the reasonable costs of proceeding to foreclosure as specified in writing by the residential mortgage lender actually incurred to the date of payment... (4) Pay any reasonable late penalty, if provided for in the security document.". Attached to the Complaint as Exhibit "C" are the notices of the Bank's intention to foreclose upon the mortgage as a result of the Defendants' failure to make payments on the Note and Mortgage as required (the "Notices"). The Notices were sent to the Defendants at the Mortgaged Premises on November 26, 2007. The Defendants admit in their Answer that their address is the Mortgaged Premises. As required, the Bank waited more than the required 30 days to proceed with any action on the Mortgage. e. Total Amount Due. In response to Paragraph Nos. 13 and 14 of the Complaint, relating the amount due to the Bank, the Defendants responded as follows: The averments contained in Paragraph 13 of Plaintiffs Complaint constitute conclusions of law to which no response is required. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 13 of Plaintiffs Complaint, and, therefore, they are denied. By way of further answer, the averments contained in paragraph 13 of Plaintiffs Complaint indicate an amount due and owing as of October 18, 2007. However, the paragraph goes on to aver that $4,959.31 is due for interest from October 18, 2007. Furthermore, Plaintiff has provided no support for its assertion for entitlement to attorneys fees of $1,015.00. The averments contained in Paragraph 14 of Plaintiffs Compliant constitute conclusions to law to which no response is required. To the extent they are deemed factual in nature, they are denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 14 of Plaintiffs Complaint, and, therefore, they are denied. Attached to the Affidavit of Karrie Cholewa (Exhibit "5") hereto, as Exhibit "A" is the Pay History by the Defendants under the Note and Mortgage. The Pay History shows all payments made under the Note and Mortgage by the Defendants. As the Pay History indicates, the Defendants are now due for their July 15, 2007 payment. Additionally, pursuant to Pennsylvania Rule of Civil Procedure 1029(a), the averments in a responsive pleading "shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive." Pa. R.C.P. §1029(a). Furthermore, under Pa. R.C.P. §1029(b), "averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof ... shall have the effect of an admission." Pa.R.C.P. §1029(b). The only applicable exception to this general rule is set forth in Pa. R.C.P. § 1029(c), which states: (c)A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial. Pa. R.C.P. § 1029(c). At first glance, it may appear as if the responses set forth in Paragraph Nos. 13 and 14 of the Answer fall into the exception articulated in 1029(c). Rule 1029(c), however, is a limited exception to the general rule that each averment of fact must be specifically denied. An "answer [which] merely aver[s] lack of knowledge is also ineffective when it affirmatively appears that the defendant had sufficient knowledge on which to base an admission or specific denial." Cercone v. Cercone, supra, 254 Pa. Super. at 388, 386 A.2d at 1. In Cercone v. Cercone, the Court held that a party may not rely upon Rule 1029(c) to avoid the consequences of a failure to specifically deny factual allegations in a complaint which are clearly facts that said party must know. Cercone, 254 Pa. Super. at 389, 386 A.2d at 5. Much like the instant case, Cercone involved a loan of money between the parties, which the defendant allegedly failed to repay. Cercone, 254 Pa. Super. at 3 83, 3 86 A.2d at 1. The plaintiff sued to recover payment of the money lent to the defendant. Cercone, 254 Pa. Super. at 383, 386 A.2d at 2. In Cercone, the plaintiffs complaint averred that they entered into an oral contract with the defendants to lend the defendants money to build a home, that they loaned certain money to the defendants pursuant to said oral contract, and that the defendants failed to repay the loan, despite repeated requests for payment. Cercone, 254 Pa. Super. at 383, 386 A.2d at 1. One of the defendants filed an answer admitting all of the averments set forth in the complaint. 254 Pa. Super. at 384, 386 A.2d at 2. The other defendant filed an answer, in which she responded to the three averments set forth above that, after a reasonable investigation, she had no knowledge of the facts averred and demanded proof of the same at the time of trial. Id. The lower court granted the plaintiffs' motion for summary judgment, finding that the defendants had admitted all the material facts necessary to establish the plaintiffs' cause of action. Cercone, 254 Pa. Super. at 385, 386 A.2d at 3. Affirming the lower court, the Superior Court held that the defendants' general denial was an admission of the averments in the complaint. Cercone, 254 Pa. Super. at 389, 386 A.2d at 5. Citing to Rule 1029, the Superior Court stated that the defendant "may not rely upon Rule 1029(c)...to excuse a failure to make a specific denial of factual allegations contained in a complaint when it is clear that the defendant must know whether a particular allegation is true or false." Id. The instant case is analogous to Cercone. Like the defendant in Cercone, the Defendants have denied paragraphs 13 and 14 of the Complaint (relating to the amount due to the Bank). However, the Defendants fail to provide any affirmative response regarding their belief as to the actual amount owed to the Plaintiff under the Note and Mortgage. Claiming ignorance regarding the account balance or the proper application of payments in the past is not a defense to the Complaint in Mortgage Foreclosure. In New York Guardian Mortgage Corporation v Dietzel, 362 Pa. Super. 426, 524 A.2d 951 (1986), the Superior Court held that the defendants failed to specifically deny the averment in the complaint regarding the amount due and owing under the Note by stating that they were without knowledge as to the truth of said averment. New York Guardian, 362 Pa. Super. at 428, 524 A.2d at 952. The defendants in New York Guardian admitted that they were behind in their payments. They attempted to set forth a defense, however, by claiming that they were without information as to the truth of the averment regarding the amount due and owing under the Note. Citing to Rule 1029(c) and Cercone, the Superior Court ruled that "... apart from appellee (plaintiff), appellants (defendants) are the only parties who would have sufficient knowledge on which to base a specific denial." Id. In the instant case, like the defendants in New York Guardian, the Defendants have not made recent payments on the Note and Mortgage. As a result, the Defendants are in default of the clear and concise terms of the Note and Mortgage. Also, just as the defendants in New York Guardian, the Defendants respond to the averments in the Complaint regarding the amount due under the Note and Mortgage, without any indication that they attempted to determine the true amount due. Like the defendants in New York Guardian, the Defendants are the only party, other than the Plaintiff who would have sufficient knowledge on which to base a specific denial. The Defendants should know the amount due on their obligation to the Plaintiff. Additionally, the Plaintiff has attached to the Affidavit of Karrie Cholewa (Exhibit "5") a statement of the payment history by the Defendants under the Note and Mortgage. This official bank document shows all payments made by the Defendants and all charges to the Defendants' account, including interest, under the Note and Mortgage and the accounts current balance. According to the terms of the Mortgage, the Defendants agreed to pay "all of Mortgagee's costs of collection, including costs of suit and, if permitted by law, reasonable attorneys' fees and expenses, if suit is filed". With regard to the issue regarding Interest from October 18, 2007, the paragraph should have read Interest to October 18, 2007. The Plaintiff believes this is de minimis error as the remaining paragraphs of the Complaint as well as the requested relief indicate interest continuing from October 18, 2007. As stated previously, the Plaintiff has attached to the Affidavit of Karrie Cholewa (as Exhibit "5") a statement of the Pay History by the Defendants under the Note and Mortgage. This official bank document, kept in the normal course of the Bank's business, shows all payments made by the Defendants and all charges to the Defendants' account, including interest, under the Note and Mortgage and the accounts current balance. Therefore, pursuant to the rulings in Cercone, Paragraph Nos. 9 and 10 are also properly deemed admitted. VIII. RELIEF: As demonstrated above, Plaintiff has pleaded all elements necessary for a judgment in foreclosure against the Premises. The Defendants have failed to adequately raise an issue of law or dispute a material element of fact in response to the Complaint. As a result, Summary Judgment should be entered in foreclosure against the Defendants as respectfully requested in the Complaint. Respectfully submitted, TU(,&j-ER )dWNS1G, P.C. Brett A. Solomon, Esquire (Pa. I.D. No. 83746) 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Counsel for PNC Bank, National Association, Plaintiff BANK_FIN:329973 -1 000011-134902 VERIFICATION 1, Karrie Cholewa, Foreclosure Manager of PNC Bank, National Association, deposes and says 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 Brief in Support of Motion for Summary Judgment are true and correct upon his information and belief. r P` Kai'rie Cholewa' ` 0 F Foreclosure Manager PNC Bank, National Association IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. M-AaDS 0'ivit-erftt vs. JOSHUA D. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. I hereby certify that the property to be foreclosed upon is: 37 Hillcrest Road Wormleysburg, Pennsylvania 17043 Borough of Wormleysburg Parcel #47-20-1856-019/ fil Brett A. Solomon, Esquire Attorney for Plaintiff Code: 140 Filed on behalf of PNC BANK, NATIONAL ASSOCIATION, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire 'z-= : -71 Pa I. D. # 83746 bso.lomonna,tuckerlaw com Michael C. Mazack, Esq. t; Pa I. D. # 205742 TUCKER ARENSBERG, P.C. 4= r ' ?* Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 e.- EXHIBIT BANK_FIN:316717-1 000011-134902 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION Plaintiff, ) No. vs. ) JOSHUA D. LOCK, JOANNE LOCK AND } THE UNITED STATES OF AMERICA, ) Defendants. ) } IMTORTANT 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 OR CANNOT AFFORD ONE, 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P. O. Box 186 Harrisburg, Pennsylvania 17108 Telephone: (800) 692-7375 BANK_FIN:316717-1 000011-134902 AVISO Le han de mandado a usted en la corte. Si usted quiere defenderse de estas demandas expeustas en las paginas siguientes, usted tiene viente (20) dias de pla/o al partir de la fecha de la demanda y ]a notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregara la corte enroma ascrita sus defenses o sus objecones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidasy puede continuar la demanda en contra suy a sin previo aviso a notificacion. Ademas, la corte puede decider a favor del demande\ante y require que usted cumpla con todas las provisiones de esta demanda. Usted puede erder dinero o sus propiedades o ostro derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIALAMENTE. SI NO TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENIRA ESRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P. O. Box 186 Harrisburg, Pennsylvania 17108 Telephone: (800) 692-7375 BANK FIN.316717-1 000011-134902 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. vs. JOSHUA D. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES PNC Bank, National Association ("Bank"), by and through its counsel, Tucker Arensberg, P.C., and avers the following in support of its Complaint in Mortgage Foreclosure: 1. PNC Bank, National Association is a national banking association organized under the laws of the United States of America with a principal place of business at One PNC Plaza, 249 Fifth Avenue, Pittsburgh, PA 15222. 2. Defendants, Joshua D. Lock and Joanne Lock, are adult individuals whose last known address is 37 Hillcrest Road, Wormleysburg, Pennsylvania 17043. 3. Defendant, The United States of America ("USA") has an address of c/o Office of the United States Attorney, Middle District of PA, William J. Nealon Federal Building, Suite 311, 235 N. Washington Avenue, Scranton, Pennsylvania 18501-0309. 4. The United States of America is a Defendant herein by virtue of a Federal Tax Lien filed in Cumberland County on July 28, 2005 at Document No. 2005-03862, in the amount of $393,146.83 plus penalty and interest. 5. On or about February 9, 2001, Joshua D. Lock and Joanne Lock ('Borrowers"), executed a Home Equity Line of Credit Note ("Note") whereby Borrowers promised to pay Bank the BANK_FIN:316717-1 000011-134902 principal amount of $160,000.00 plus interest and other amounts as more particularly set forth in the Note. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein. 8. The obligations evidenced by the Note are secured by a Mortgage dated February 9, 2001 ("Mortgage") given by Defendants, Joshua D. Lock and Joanne Lock ("Mortgagors") to Bank, encumbering certain real property located in the Borough of Wormleysburg, County of Cumberland, Pennsylvania, as more particularly described therein ("Premises"). The Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on February 23, 2001 in Mortgage Book Volume 1672, page 1632. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and incorporated herein. 9. The Defendants are in default of the provisions of the Note for failure to make payment when due and therefore the Mortgagors are in default of the provisions of the Mortgage. 10. The Defendants are the record and real owners of the Premises. 11. There has been no assignment, release or transfer of the Note or the Mortgage. 12. On or about November 26, 2007, Notices were sent to Defendants in accordance with 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) that an action on the Mortgage may be commenced after 30 days from the date of the Notices. Said Notices further advised Defendants of Defendants' rights and obligations in accordance with the Acts. Copies of the Notices sent to the Defendants are attached hereto as Exhibit "C" and incorporated herein. 13. The amount due Bank under the Note and the Mortgage as of October 18, 2007 was as follows: Principal $158,206.55 Interest from October 18, 2007 4,959.31 (continuing thereafter at $31.4245 per diem) Late Charges 805.38 Costs To Be Added Attorneys' Fees 1,015.00 TOTAL $164,986.24 BANK FIN:316717-1 000011-134902 14. The total amount due to Bank under the Note and the Mortgage as of October 18, 2007 was One Hundred Sixty-Four Thousand Nine Hundred Eighty-Six and 24/100 Dollars ($164,986.24), plus costs and attorneys' fees. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of One Hundred Sixty-Four Thousand Nine Hundred Eighty-Six and 24/100 Dollars ($164,986.24), plus continuing interest at the contract rate from October 18, 2007, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. TUCKER ARE ERG, P.C. By: rett A. Wmn , quire Pa . I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for PNC Bank, National Association, Plaintiff BANK_FIN:316717-1 000011-134902 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. JOSHUA D. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. CIVIL DIVISION No. AFFIDAVI'T' OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) I, Brett A. Solomon, Esquire, Attorney for PNC Bank, National Association, being duly sworn according to law, hereby depose and say that the Defendants, Joshua D. Lock, Joanne Lock and The United States of America, are not members of the military service of the United States of America to the best of my knowledge, information, and lief. Bre A. Solomon, Esquire Attorney for PNC Bank, National Association, Plaintiff Sworn to and subscribed before me this day 2008. Notar ub -A My Commission Expire OF pefVNSY ?ofa»a!?"'"°'°?Y Seat Kelly J mim, hbtwv i shy C?F PittsbL r puwk; _?y Count 2009 Ulembe 4 1V1ay23, nifl Of Notarfas, ?ssnCl-lyon BANK FIN:316717-1 000011-134902 ?. IS k, U-1 rr?Lr l/ ,l , r• -}?:i ? :t" !+• T:'.11'. l•;!1;: ? l,! 1. ><s?? .fin ?? Y ?^';.' - L t + to ? 1 4 fi r f ? v , •, a? r , t,+; rY? ? '• , t -_: • ??,h"i+.,"? ??,v,Y?'t.?'tS ?yj ?c„??.,?,•IAj-Y? ?? t'- - , ) ? 9;?}."4%?i fr?'•Fi?/?r? '{. •'%,if : ?! f, iy.. `:;,c•. x. r v , 1 1 •.1„ ;j f ?; o, ,r :SISfkI - - Q9Nt ® REbIT 1 , ? r$ENWL.COPIDNS OF,'jwit ACCO T ; I?ItU11E,.ST TEMEf1T ppAItj O„E AND TWO, ViA4iIBEiW iVEk 16 YOU AND ARE.PART OF.:THIl. OREEMENT.,TNE'61ite - SU F ?><'. E'?? :Tt4r0'NO;TNE E OEPoERAL`GONQITIOfdS,'.BElOMd'AH0.0?d;THE.(tFtlERS,81GEr,{?dFITOJ. i.Ft IE ML ??it?19?a?tiiofi`;; -,. :?. t: 4b;•9 `;''i" (,`?OS 14?DDDAA?Yw.AC?' '' Os1e'• ' ?'?r'''r:•?r?'???1??r ??;r??t:?;o„ X' At.ccunt ,r i , W!t. l* r , / ,i pox l r, •C1 wee. 'yl?)tl. n Ih1f ptneedtent Me.lo?lowitla deTimUons bPplyy '.Atree&nt . as pronded in this ApggloemenL You also a e+ l0 4i Opr o ' f aI?`14dh A 6 , ?Qi?rly GM of GedA, AyeeRtIRtRt lnhkh. Includes a separate .:became duo Atreunder..lhgye:'. ;l appi[i? olh(FirliAfttof ghlr? AI. Parts ok, ihd lwti -aAd,these General 0"l ions of Iho . • : Charges and an emounis adyallude; d-10 pave) setiMilj?.61 Uii Ir101ga' fol ?' ate Inq any 8meli11n1pi1 a addendgm.lo IN! Agteelnml iosuraoa, and Costs of Colaliar. ;.,. : y' `r' 1 t11. ':t1erar ;•I' (c) To pa it least lhi ltinunun? MQniMr PAY11461'git fipr?h n bJs r I V?? ;??`' r,,?s;r a?`••.-ty K %;,;: .Ih1 a nslheltndNnihledlfboropiany'Pelson orenldy Pair ial Out at, tldethlriQcsa•alsillntd,':'r:- (d) Nil to' make 1"01 (rant lhii:tiitoiiiit rota? t?st.?i .IWili y' of :?ptnewer one, means each. and twrr periai signing ltiis. M IJACt In this account al anj IiRti to est IM itliigntNtt rower; wheUet Ong or Rion persona taw a oved or mar appoint at anj bme 11Mlrrs':'•.. . m w 10) To lmffwdalelr ar vIS ameunl of .nsi iesAC M`fieeserai 1 rson clip q r or pahOwrter olthe Filo+it,?ed Fio,nisei, IR Ant IAd Iho Morlgitobis *o Iw t?il1 is Iimiled to the Credit Morlgi W Pleinnei- It* Owner does nol Mare the rithl 10 (q to env us 9uth Ptrsonal linehtlal ilalejiierlllf ra'nis #ft4Un1 165, e.: :' ;, • c r;'''i i. Nos to ne vs 41st inlginalgli'W >i Igie1 a `i `di ieC6n' ay;: 9114 mE4" • e'ectdunt wiilcA'IS n ek 'Db loi a Club Benefit of an is Rol a 1*10 rei ise the Account (A) To pellwas U owisl ohs under any inorlpt of itt uiHtt ptf h ?. :n$ _.; : e•4. , : ;: • .. c?ai arse 1 w h;`' ;, n bn et;coynl)ofVnhis A you me r bq eiiQWe and (o whkh ?plciai '. has priorilr aw 1M Merle ge and fo par a? 4ties, aii'ol?„ . ?K. j Rrp 11 a 9 9 t4 rnbei of as dq Club Group which. yo,?:. might have primly %* IM M Late. -;, ; .::: , i,:; ...::° :::: •:?.t,; ri ).-t.4 / a ;L r r. I,ol w? ydd qusl a dilceu In estadlnq vnlhlhclelms.': • ".. (d iMt you qwn IM Morlgted Pteimsa ?Ad Ihaf (ht? ai?'unl4CwN??a?, d Jte?vkq paebr sf? f whkh•wsg be Idenlifitd pn Iht Oisclolure t,rcepl (or encumbrances oily o11Kad.: :,; ;t.1 -r. {.:;?;;:-<:'°°srt•s';;•F ?, D rou * U matt .eFlpttk la ipetUl tams Through Dory one 10 Thal you wit Will is in nedialelr In hri?ilit if you'Ah?n?t ybj? tislr?i(?t?;i . of me addfe3l. ;. 66,19 an beeount lot which emptorees and relined omplopees fk) shat it Iho Mmlgaged hwse,-sae err o1.6 eondgNniu/n pc p pl. nn}?i;,: o,1t bt its al6ialn a: AIM* (lecipt that tersaln'esttuliro unu dewelsi mo n. to,orneprIy with at by, '*k tttu41iln9": s of ( ?. z? . n prirltJpil shartholdets Are not e6t . Special 6t term: a Pty ffi keep the Mor gated Pre?NseIncur aspMIsnllgimm. , oe Whit nipmt*14 penefd F?glployee Accounts aro na elio1 ro Inna???gin is Em fede: tin 17 : `n Mojlgated Pivin I I i':- ~rL t r^ ;.1 tlbtemenls (01 t k TO keep the g Ptllntl ow agegts 10 ioipec1 u14 Itatld t 1yv eoty Ildr ' Preriiliti rr0?i bshR 1' )lipey,,?' hi the n al bgtn?j i the dale8 at pnkh.`mollh :.. ??%•::?.:? :,.:.,.. _ ,., : :., aRateasonabltnolice. .-,.t:'.'L ,?:•?? {,:,:•?cl!,F:rtj:Y, ppIh? h p id' Ib hrs( 19161(1 iciounl dp tin trhich yw can obbin AEE Of iK. A00VE PROMISES. ARf` AUJ?RUL' QBl!¢AH4N?".1j OL' ; j S r pnt-glte wippiew IM ! you haw ?t11td this ' . AGREEMENE ' , ' . ' .'•; .'.::,= : ? •,. •:'-t):;; tr `" ? brig 'asT Imi Atteomenl within 161 time podded under : S. • PAYMENT APPEICA11011. 1 T1i1 use Pay enlsW to Gi?t6 'r'ii'::: ,: , ' ::':: :' '. billed Thence CMrges; then to pay credal ln}}4Nna N!?fun?s, ll yiiy; IKq N..?`j.• IINI', 'h ?slmum Ggdi1' meant the lolaldol(at aniuunl0t Credit to 041M it 8111r, then IoWr the Annual fee, q ant, tM7i M pay amount Inculied to protect IM wills hi 61114 ga, 10' 1 Ihj r?r1 aSq a defd o) Irusl glrin Eg jhe 8aiorrer atid?os It,c ` nniipal; and Men to payy any uhbikd troika Charg(t'll lily ` „ • 0 pp( ?l??gpa Ik?tibiln?.:; ,Is gal wwed by the Malgase;1A61 amoynt'sMt 4t.1fe p?1d Eek1i'iii' ' es I tQmi,l 411to' -ril ciYerld by lie Moltpge giYen to seEure amount that 4 secured b the Mal jigt:: 1 t + 1 pa! i.. l.o ,* ' r y ppNe?qsettbed In the Mafpge: S. YOUR RISPONSUlE111Es. h Facet than and of yj I his> i s'd i (Ij Al'- . 1 j ?` nreaAS l st@%h wo 6ppeat each month it the 'Payment ' '. soil roots oquallj raPonsibk,,IrAMuallj? said -*t o," lot'p1 ' nt !i IVL:t tip! S a 1•. l; InAis$ W; *3 be VA of stout the der o11ho' :. of this accom ano perfao a1 obtigayo?s.v - -free , r':?':4`i ypu, bert.i} Sub)ecl fo cMrip al iht option of lendtu 7. NOTICES. We VIA send noliiea to yet1, ldyarr.4 q adlf! Oyf (krk3r g m IN ph`so of 44 witgl alley. (h! Oraw Pidod'has Nolicis tent is that address wig be ifflodye Ice 1111 o-00' ,gildej. ki/fipN?t:?`` tli any fe mlyei b?lihie mpA be paw. Ytw may set oaaln new . weviq send them by iegvkr Faan v*IS ipp4sN k law tequN i.Ip UN.tl lpfysltfhNllien,0: ijtt its yinenl P41bd nil beldn,wtlh Uwliitsl of for, end maA. Urdtss appfi4able 4w 1. uRea.otlKlwise: i:. ff ol. f2" M? 1ht.iRd of l j raw 1io? and,rniI cohbnuq until rota hive. you N bo tansldwed stns to all of you, a la4te't un, y :Yip :??:--`•? .1, r •,i.i: •l;l., Idly ??pp shill be considered recrwd_br A of You A iilhil ?I " beibklo*Wain ImAspanr'Qjnsion: A.':. INSURANCE. you.r Adb?tt : ........ '.?:,??r- r MihL itf mlitilioA alfedi Ua itcounl pilm6ninUy::1;.: ,' < I+) lsO Itpuife yoi 10. oblaln :and fleepri Ior'co propt?f?yt Bii?alilell.? tCtIPTION Of. THE ACGOUNL.Ihh Would Is i'rerohint loan . MoAraeed Prertriset and to ortMe es4derleo Niwrarlca to h? fuf senhed.In pN 'Account FIMIttes', at It twf001 to protect 0911011164 N w Swaltee q JttNilr • kdety Nit 1T• .?, I IAltlillum 01444, _durin ' the Own ou a r to obtain and kee fn rce lpswant0 . IN am" r bji ,I ? cis eecpunk to to se .b ?i_mpncar Y Ot1A1N iHESE .INSORANCIE RA X • JROIA' _ i ?Ijlfd'ypyf t, will ataln b ariilaat to you Outing -• ° CHOICE. It IM Morliiged heiniset I Ted Io a II61 A. At IM end vl.lhe Draw _Fedod, any : choke is sv*cl to our veimable a' ov. _M ppl' rd 4110 Mlrr('t? as test ? 1' l41ym6i?1 Period. A ilnmco Charge rayet/morigagee in a form iiceplabte lo'lis Ind 1011y pyJ )9. aY 1p1K! s shoe 0 ia4t rho) may Chan" from o us of i 4mclan in cownR! or Caittdl9lirin 1PiIs a ../ tonlilost... a JbIt. ?ivet aletic in roil is ounl end ate now -.: FACH Of .YOU ACKNOtYIfodd- RECEIoi 01 A' E1Fo ;COPj;: OF;, IS S AGREEMENT pNCLUDINO THE DISCLOSURE SIA1 .EATEN( S`p? E ?_ 'Name of •?orrohir(s)` secu* each AND THE CENERAL CONDITIONS ON IRE REVERSE SIDE I? DOCU Njt PACE' ?' oi, obtain funds from this accoynl by . Tltt) A IGNING THIS AGREEMENT HtDiCATES YOU11, INIENTtoN; lp 81-1 me,,PetnlrT.witpoul.14 sllntlute or l[ Y.tA.?,.ii'?K? s 943 • 01 1 pub Acr,oiinli Its you 'PIN farranted»ilhuu}}IOf.TPlCallelm 1i?1n<;`.'a?:Nlt'•xi'?M' h qotif" (Pl you 9 c 1iirc awkly for on and twM a firms of Ono or oaf: r lurA f loi o 'Club kcounl IL,18) IM : y Is lelminated of it case b • -! ? ?,y?; Bolr wtfs naNre. ?:; te' , 44 rU,:. `,'t '?'22,•664 ti;:,a ;'t i, ?•?T:, quaFlrlol+A MflbaiP rtaNipOslo e,ol W ou It 111 1313irNtes pkkages Each Ovrner sltning lAii Aiietmenl 06 Is A01.813otidliel,'1 . n. sae 0 pptiuge to thi9 aFcounl .Fall change . ..' 2hl to obtain Irons on the ac{will,li atrEllnt ooij Ice tie)ete?i? by 111?? T fidnihef: a a; a. r ;'':.,•, of this Atreemenl re4ling to w Maftate to r' tM tiiA{orbility i led Iti I 00,11111' us iii "141119 of Y99191461ily.. insurance on the Mortga Prgtrises r ihq OwrieT t e. lerAlnterii to thin A reeptenl Qr><4 rye interest In she aged Prein?ses '; ;: _, :: r-"`, .? :? •p%?.? • s .fir a a11A6?rlpus. t Petcenlittec.Ralo': ?:og?tedoi!lalrlrllOlhewrbculnpub"' :' : ;•";'= ;?;`` '?'';,.`.. of In thh'kieeriVeo_l to aiding Club: nei s . tnatmc • ''•,i rP r {:?:r Nl •, • v broln.}?`?)/yf:. `?,1 '?,'''s ; -+ 1 , Y ;'?r:ri%• % ? iriiFYd."tyl^.c? , wA.?i?.`„_7<!,_yi?:1'f'1i %1,i .'f'::?1 •', . wu a'•Iww.I...w . ,... S:S ... _. __.. .. '•4.11J? Y v 4-5 s THIS*MORTGAGE is made on Ur t N_t yv b VM Oa/ ur- --(This Mortgage Secures Obligatory Future Advances) Feb. 9, 2001 . The Mortgagor is JOSHUA ) LOCK L JOANNE LOCK f there is more than one, the word "Mortgagor" herein refers to each ano ad of them. The Mcrgasea .s "he word 'Borrower' means JOSHUA D LOCK, JOANNE LOCK f there is more than one, the word "Borrower" herein refers to each and all of them. PNC Bank, National Association ?Mcrtgagee has granted to Borrower a home equity variable rate line of credit, providing for a Maximum Credit Limit '"t, 'is, a,maximum amount of ndebtedness) of One Hundred Sixty Thousand And 00%100 Dollars 'U.S. 3 160 , 000. 00 ), under the terms of Borrowers written agreement (referred to herein as the "Agreement"), dated . Feb a 9 , 2001 Aortgagee is obligated, under terms set forth in the Agreement, to make future advances during the Craw Period of the Accc•unt,which ends on the last day of the monthly billing cycle in which the day, 7 years from the opening of the Account occurs. Mortgagee is-not obligatQd to make-advances +rhich would cause the principal balance outstanding to exceed the Maximum Credit Limit, and is not obligated to make advances after the Account is terminated or during any period when further extensions of credit are prohibited or suspended as provided in the Agreement. By the Agreement, Borrower has agreed to repay the advances in monthly installments, with interest. The terms of the Agreement allow for changes in the interest rate and the monthly payment. This Mcrtgage secures to Mortgagee: (a) the repayment of the debt evidenced by the Agreement, with interest and other charges as provided therein; (b) the payment of all other sums, with interest thereon, advanced hereunder for the payment of :axes, assessments, maintenance charges, insurance premiums and costs incurred to protect the security of this Mortgage; (c) the payment of all of Mortgagee's costs of collecticn, including costs of suit and, if permitted by law, reasonable attorneys' fees and expenses, if suit is filed or other action is taken to collect the sums owing or to protect the security of this Mortgage; (d) payment of any refinancing, substitution, extension, modification, and/or renewal of any of said indebtedness, interest, charges, costs and expenses; (e) the performance of Mortgagors and/or Borrower's covenants and agreements under this Mortgage and the Agreement; and (f) the repayment of the debt evidenced by any agreement which was replaced by the Agreement, to the extent that such debt is owed to Mcrtgagee and has not been paid. For this purpose, Mortgagor does hereby mortgage, grant and convey to Mortgagee the following described property, together with all improvements now or hereafter erected, and all easements, rights and appurtenances thereon, located at and known as: 37 HILLCREST RD, WORMLEYSBURG BORO, PA 17043 CUMBERLAND Recc ...-._ g Date of Original Deed Nov. ?, ? S Deed Book Number 130 Page Number 596 Tax Parcel No. 47-20-1856-019 Lot No. N/A The word "Property" herein shall mean all of the foregoing mortgaged property. 1 To have and to hold the Property unto the Mortgagee, its successors and assigns, forever. Provided, however, that if the Mortgagor and/or Borrower shall pay to Mortgagee the said debt, interest, and all other sums, and perform all covenants and agreements secured hereby, and if Borrower has no further rig" odvances of credit under the Agreement. then and from thenceforth, as well, this present Mortgage and the estate hereby granted and conveyed by it shall cease, determine and become void and of. no effect, anything hereinbefore coma n?u to lf:c ._.. ,,,Or j ;ner&or, c. Warranty of Title. Mortgagor warrants and represents to Mortgagee that: (a) Mortgagor is the sole owner of the Property, and has the right,to mortgage and convey the Property; (b) the Property is unencumbered except for encumbrances now recorded; and (c) Mortgagor will defend the title to the'Property against all claims and demands except encumbrances now recorded. Default. Mortgagor will 6e in default under this Mortgage upon a default under the terms of the Agreement. Mortgagee's Remedies. Unless prohibited by law, if Mortgagor is in default under this Mortgage, Mortgagee may at its option, after notice required by law, declare due and payable the entire unpaid balance on the sums which are secured by this Mortgage and owing under the Agreement. If Mortgagee so :_ . '_c and payable, Mortgagee may take possession of the Property, collect any and all rents, apply said rents to the indebtedness secured by this Mortgage, foreclose the Mortgage, or take other action upon the Mortgage as permitted or provided by law to collect the balance owing. Remedies Cumulative. If any circumstance exists which would permit Mortgagee to accelerate the balance, Mortgagee may take such action at any time during which such circumstance continues to exist. Mortgagee's remedies under this Mortgage shall be cumulative and not alternative. Benefit and Burden. The promises, agreements and rights in this Mortgage shall be binding upon and benefit anyone to whom the Property or this Mortgage is transferred. If more than one Mortgagor signs this Mortgage, each and all of them are bound individually and together. Delay in Enforcement. Mortgagee can delay in enforcing any of its rights under this Mortgage or the Agreement wiu.cui osing light. Any waiver by Mortgagee of any provision of this Mortgage or the Agreement will not be a waiver of the same or any other provision on any other occasion. Assignment. Mortgagee may sell, transfer or assign this Mortgage without Mortgagors consent. Severability. If any provision of this Mortgage is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of me rer;;a,rins provisions or wus ;vlciigaoe. WITNESS the signing of this Mortgage on the date set forth above, intending to be legally bou Witness Mortgagor Witness Mortgagor Pp `"?F00006131(Rev'1 /98) 8Q U K 16'72' PAGE Il 33 2- On this Ci*11_ day of Fe-J1 uzt t acci before known to me (or sat _torily p.-oven) to be the person(s) whose name(s) is (are) n Witness Wh eof, herey hand official seal. Title Ncr Notarial Seal Carol A. Leiphar, Notary Public Hampton Up., Cumberland County My Commission Expires Nov. 15, 2003 Member, Pennsvlvania:'ssor_•f,,lion ot Notaries AFFIDAVIT OF SUBSCRIBING V07NESS [Do not use if Mortgagor(s) acknowledged the Mortgage. Affidavit mus: =e taken i.r county where Property is located.] Before me, a notary public (who certifies that he/she is not an officer or dir=::cr of PN,' Bank, National Association), personally appeared , the subscribing witness to the within Mortgage, who being duly sworn according to law, deposes and says that he/she was :=_rsonally present at the execution of said Mortgage, saw the within named Mortga;cor(s) and _ sign as his/her/their act and deed, and deliver said Mortgage for the purposes therein sett forth; ana that the nar-= ;r this :.ponent affixed thereto as subscribing witness is of deponent's own proper handwriting. Subscrit-g Witness Sworn _"a subscribed before me this of Notary F_:.ic CERTIFICATE OF RESIDENCE day do hereby certify that Mortgagee's precise residence is C) t'I'1[ I 6J6-- RECORD in he STATE of PENN5YLVANI C UNTY of ryC 0 f on thi ? in the Office of the Recorder ci Deeds in and for said page WI S and and the sea of said office the day and year aforesaid, O Recorder r+'--JO O Zd O W _ =) °o C r (D O CO E 00 Cr ( (D j T - `G• r < 0 D D 0 a E; -,n , - : f O M I C- ,mo trj ?-- '7 l.? B-. 16 7,2 PAGE 103 3 a < - 7) Q) "VE n I C= er ^ . ? Z p , r? 1 Joshua D Lock 37 Hillcrest Rd Wormleysburg, PA 17043 Date of this Notice: November 26, 2007 TAKE ACTION TO SAME 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 Take this Notice with you when you meet with the Counseling Ag_ency. The name, address and phone number of Consumer Credit 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 NOTIFICACION EN ADJUNTO ES DE SUMA WPORTANCIA, 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 MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: Joshua D Lock / Joanne Lock PROPERTY ADDRESS: 37 Hillcrest Rd, Wormle burg PA 17043 LOAN ACCT. NO.: 040-03-48108739704 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, NA -RHIBIT a HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, © IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. 'T'EMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. 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 NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) 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 Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer 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 thirty (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 mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have fled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 37 Hillcrest Rd, Wormleysburg, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $1,601.93 for each of the months from July 2007 through November 2007 Other charges (explain/itemize): Late Charges for $885.47 TOTAL AMOUNT PAST DUE: $8,926.53 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 $8.926.53, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: PNC Bank, NA, 2730 Liberty Avenue 2nd Floor Mailstop: P5-PCLC-02 N Pittsburgh PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney'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 pay attorney fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank. NA Address: 2730 Liberty Avenue 2nd Floor Mailstop: PS PCLC 02 N Pittsburgh PA 15202 Phone Number: (412) 762-4340 or 1-800-878-0027 Contact Person: Arthur D Hayhurst 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. ASSUMTTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. © TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) 0 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. o TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Chester Story PNC Bank, National Association cc: I" Class U.S. Mail, postage prepaid CONSUMER CREDIT COUNSELING AGENCIES SERVING FOUR COUNTY (see attached) Joanne Lock 37 Hillcrest Rd Wormleysburg, PA 17043 Date of this Notice: November 26, 2007 ACT 9" 1 Nu"TICE TAr,_it,. 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. Take this Notice with you when you meet with the Counseling A enc. The name, address and phone number of Consumer Credit 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 NOTIFICACION EN ADJUNTO ES DE SUMA ROPORTANCIA, 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 MENCIONADO ARRMA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: Joanne Lock PROPERTY ADDRESS: 37 Hillcrest Rd, Wormlgysburg PA 17043 LOAN ACCT. NO.: 040-03-48108739704 ORIGINAL LENDER: CUR-RENT LENDER/SERVICER: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR 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 1953 (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 o IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY S'L'AY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. 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) IDAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desipated 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 Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer 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 thirty (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 mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NO'T'E: IF YOU ARE CURRENTLY PROTECTED BY TIIE FILING OF A PETI'T'ION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NA'T'URE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 37 Hillcrest Rd, Wormleysburg, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $1,601.93 for each of the months from July 2007 through LAST Other charges (explain/itemize): Late Charges for $885.47 TOTAL. AMOUNT PAST DUE: $8,926.53 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (3 0) DAYS of the date of this notice BY PAYING THE TOTAL AMOUN'T' PAST DUE TO THE LENDER, WHICH IS $8,926.53, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: PNC Bank, NA, 2730 Liberty Avenue 2"d Floor Mailstop: P5-PCLC-02-N Pittsburgh PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney fees. _ OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time U to one hour before the Sheriff s Sale You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mort$aie. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice.. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank NA Address: 2730 Liberty Avenue 2nd Floor Mailstop: P5-PCLC-02 N Pittsburgh PA 15222 Phone Number: (412) 762-4340 or 1-800-878-0027 Contact Person: Arthur D Hayhurst EFFEC'T' OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. o TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. o TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Chester Story PNC Bank, National Association cc: 1st Class U.S. Mail, postage prepaid CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (see attached) n0 ? O O O ? N O O 0 ° g OD OD ? OD N to 'N N (fl 0) W O 11 i k t S co - V 0 7 N C d A ti M O1 CD N n 0 C C lD 1 CD /D I E W i C4 v O W C i ! j i0 (b ?J D (D ??-+; (D (D N A) ?fA !A .C? N! _ h b R i i j co CC) M W N N (V 0 Ln Vl V1 J L €,ZY ??• L1.1 lTl Ln i W W W W O O O O N In W O '? N ro z ?• ? ? to rt l0 (7. 3 m m Oj D W ? a n ?' rt a N c ro 0 > m Ln K.) m \ N N O v n m `D P???? - 13m o C-) 0 'o M < 0p o a a n ? = o m N o' C)' to ? N ID fD C ?2. 0 N to N N d G n 0 ?. D I O N 7 ? 4J•>, if..n d O. a'` ? N d lD fG N N'ti N y ? ? y 0) T m O 4D m ?i rn ^? y N (Jj Ln Vl 0 d o a am4m 411 y j -p n f D C7 y Q N CL ? tp ` d m . ... N . b vp =. m c ? ro St < N d am G ? LV y C C N ? d C N 0 m o n a (D T 0 N n T ? m C7 m T ? N = T .-a N ? (V I ? T Ul I ?.-? I m ? N ? N O W 0 Cumberland C'ount-v Urban League of i ctrooolitan Hamsburg .2107N6°'S.t Harrisburg, ?A 17101 (717) 25-5925 Fax (717) ::2-1985 YWC.k of Carlisle 301 C St Carlisle, ?A 17013 (i17) 243 r ax (71 =948 Consumer Credit Counseling Serrice 2000 Linglesown Rd Hamsburg, ?A 17102 (717) 541-1757 in anci.l Counseling Se-7 ice of F-mn- in Counry 31 W 3'd St Wa?mesboro, ?A 17268 (717) 76=-31-85 VERIFICATION I, Darnella Ganaway, Attorney Relations Manager, and duly authorized representative of PNC Bank, National Association, 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 ai)dbelief. Darnella Attorney Relations Manager PNC Bank, National Association PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS PENNSYLVANIA : CUMBERLAND COUNTY, Plaintiff V. JOSHUA D. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, CASE NO. 08-2208 Civil Term Civil Action - Complaint in Mortgage Foreclosure Defendants NOTICE TO PLEAD TO: PNC Bank, National Association c/o Brett a. Solomon, Esq. Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 You are hereby notified to file a written response to the within New Matter within twenty (20) days of service hereof or a judgment may be entered against you. Date: June 23, 2008 Thom s W1. Webe , Esquire (58853) Goldberg Katzman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Joshua D. and Joanne Lock EXHIBIT Thomas J. Weber, Esquire (#58853) GOLDBERG KATZMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 PNC BANK, NATIONAL ASSOCIATION, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JOSHUA D. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, CASE NO. 08-2208 Civil Term Civil Action - Complaint in Mortgage Foreclosure Defendants DEFENDANTS JOSHUA D. AND JOANNE LOCK'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT IN MORTGAGE FORECLOSURE AND NOW comes the Defendants Joshua D. Lock and Joanne Lock, by and through their counsel, Goldberg Katzman, P.C., and in respond to Plaintiff s Complaint, avers as follows: Admitted, based upon information and belief. 2. Admitted. 3. Admitted, based upon information and belief. 4. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 4 of Plaintiff's Complaint, and, therefore, they are denied. 5. The averments contained in paragraph 5 of Plaintiff's Complaint refer to a home equity line of credit loan document which, as a writing, speaks for itself. 8. The averments contained in paragraph 8 of Plaintiff s Complaint refer to a mortgage which, as a writing, speaks for itself. 9. The averments contained in paragraph 9 of Plaintiff's Complaint constitute conclusions of law to which no response is required. By way of further answer, paragraph 9 of Plaintiff's Complaint does not set forth with requisite specificity the nature of the purported defaults Defendants have committed, and strict proof of the same is required at trial. 10. Admitted. 11. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 11 of Plaintiff's Complaint, and, therefore, they are denied. 12. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 12 of Plaintiff's Complaint, and, therefore, they are denied. By way of further answer, Defendants do not have any recollection of receiving the notices purportedly sent on November 26, 2007. 13. The averments contained in Paragraph 13 of Plaintiff's Complaint constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 13 of Plaintiff's Complaint, and, therefore, they are denied. By way of further answer, the averments contained in paragraph 13 of Plaintiff's Complaint indicate an amount due and owing as of October 18, 2007. However, the paragraph goes on to aver that $4,959.31 is due for interest from October 18, 2007. Furthermore, Plaintiff has provided no support for its assertion for entitlement to attorneys fees of $1,015.00. 14. The averments contained in Paragraph 14 of Plaintiff's Complaint constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, 2 they are denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 14 of Plaintiff's Complaint, and, therefore, they are denied. 15. The answers contained in paragraphs 1 through 14 are incorporated herein as though set forth in their entirety. 16. Plaintiff's claim is barred in full and in part as a result of the payments made by Defendants. WHEREFORE, Defendants respectfully request that judgment be entered in their favor and against the Plaintiff. Respectfully submitted, A 1, (1 i?-I ? / Tho a J. Weber, sq ire (#58853) GOLDBERG KA ZM^ P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: June 23, 2008 3 VERIFICATION I hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to Date: w5, el B I CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Brett A. Solomon, Esq. Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 T s We e • sq. Date: June 23, 2008 159581.1 x s OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, No. 08-2208 vs. JOSHUA D. LOCK, JOANNE LOCK and REPLY TO NEW MATTER THE UNITED STATES OF AMERICA, Defendants. Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this parry: Brett A. Solomon, Esquire Pa. I. D. #83746 bsolomona,tuckerlaw. com TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 EXHIBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 08-2208 vs. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, Defendants. REPLY TO NEW MATTER Plaintiff, by and through its counsel, Tucker Arensberg, P.C., file this Reply to New Matter, stating as follows: 16. The allegation contained in paragraph 16 of the Defendants' New Matter is a legal conclusion to which no response is required. To the extent a response is required, the allegation is denied. WHEREFORE, Plaintiff requests that this Honorable Court enter judgment against the Defendants, Joshua D. Lock and Joanne Lock, as requested in Plaintiffs Complaint in Mortgage Foreclosure, and grant such other relief as this Court deems just. Respectfully submitted, T R RG, P.C. Brett A. Solomon, Esquire Pa. I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 BANK FIN:329093-1 000011-134902 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Reply to New Matter, was served on the Defendants, Joshua D. Lock and Joanne Lock, on the day of July, 2008, by first class, postage prepaid, U.S. Mail, as follows: Thomas J. Weber, Esquire Goldberg Katzman PC 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 TUCKER AREXSBERG, P.C. A. Solomon, Esquire BANK FIN 329093-1 000011-134902 ------ --- 1872 Department of the Treasury - Internal Revenue Service Form 668 (Y)(c) (Rev. Notice of Federal Tax Lien lRev. February 2004) T1 ? . h s'_ 3 JF i -2 _ F- 7-L A Serial Number For Optional Use by Recording Office rea: SMALL BUSINESS/SELF EMPLOYED AREA #3 11"d p,dl tv/y •-0 Lien Unit Phone: (800) 829-3903 238421405 - 11 As provided by section 6321, 6322, and 6323 of the Internal Revenue s r Code, we are giving a notice that taxes (Including interest and penalties) have been assessed against the following-named taxpayer. We have nude /1' d L i, a demand for payment of this liability, but It remains unpaid. Therefore, there Is a lien In favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and CJl -t r additional penalties, Interest, and costs that may accrue. r- r Name of Taxpayer JOSHUA D & JOANNE LOCK !'1T r T; ^) C:J r; Residence 37 H ILLCREST RD WORMLEYSBURG, PA 17043-1141 NT RELEASE INFORMATION- For each assessment listed below, e of the lien is refiled by the date given in column (e), this notice shall, E ollowing such date, operate as a certificate of release as defined IRC (a). Tax Period Date of Last Day for Unpaid Balance Kind of Tax Ending Identifying Number Assessment Refiling of Assessment (a b t d e 1040 12/31/2000 172-36-2063 11/26/2001 12/26/2011 133096.85 1040 12/31/2001 172-36-2063 01/06/2003 02/05/2013 95472.74 1040 12/31/2002 172-36-2063 06/30/2003 07/30/2013 37496.56 1040 12/31/2003 172-36-2063 06/07/2004 07/07/2014 127080.68 EXHIBIT Place of Filing Prothonotary Cumberland County Total $ 393146.83 Carlisle, PA 17013 This notice was prepared and signed at PHILADELPHIA, PA on this, the 19th day of July 2005 Signature ACS 23-00-0008 e4/'L-t?? I Title for L LEDER (800) 829-3903 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal 'fax lien Rev. Rul. 71-466,1971 - 2 C.B. 409) 025X Part I - Kept By Recordina Office Form 668(ll)(c) (Rev. ) CAT. NO 60025X IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 08-2208 vs. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, Defendants. BANK FIN:329965-1 000011-134902 AFFIDAVIT OF KARRIE CHOLEWA, FORECLOSURE MANAGER OF PNC BANK, NATIONAL ASSOCIATION IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I. D. #83746 bsolomon&tuckerlaw.com TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 EXHIBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, Defendants. CIVIL DIVISION No. 08-2208 AFFIDAVIT OF KARRIF CHOLEWA, FORECLOSURE MANAGER OF PNC BANK, NATIONAL ASSOCIATION IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT I, Karrie Cholewa, Foreclosure Manager of PNC Bank, National Association (the "Bank"), having been duly sworn according to law, hereby depose and state as follows: I. I am the Foreclosure Manager at the Bank, a national banking association organized under the laws of the United States of America with a principal place of business at One PNC Plaza, 249 Fifth Avenue, Pittsburgh, Pennsylvania, 15222-2707. 2. In my position as Foreclosure Manager of PNC Bank, National Association at the Bank, I have become familiar, through first hand knowledge, with the account of Joshua D. Lock and Joanne Lock ("Borrowers"). 3. I am responsible for overseeing the administration of this account, including reviewing the payment history of the Borrowers' account reflecting all payments received, all amounts credited to or debited from the account. 4. The Borrowers are in default of the Note (as defined in the Complaint in Mortgage Foreclosure) for, inter alia, failure to make payment when due. 5. As a result, the Borrowers are in default of the terms of the Mortgage (as defined in the Complaint in Mortgage Foreclosure). BANK FIN:329965-1 000011-134902 6. The Borrowers are due for their July 15, 2007 payment under the Note and all subsequent payments thereafter. Attached hereto and incorporated herein is a copy of the payment history in connection with the Note, marked as Exhibit "A". 7. The payment history has been kept by the Bank in the normal course of its business and all payments and charge have been credited and debited as received. 8. Neither the Note nor the Mortgage have been assigned, released or transferred. 9. The amount due Bank under the Note and the Mortgage as of October 18, 2007 was as follows: Principal ................................................................................................ $158,206.55 Interest through October 18, 2007 ......................................................... 4,959.31 (per diem $31.4245) Late Charges ..................................................................................................805.38 Insurance .................................................................................................... (653.98) Costs ...................................................................................................... to be added Attorneys' Fees ...........................................................................................1,015.00 TOTAL .................................................................................................$164,986.24 plus interest accruing at the per diem rate and fees and costs of suit. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] BANK FIN:329965-1 000011-134902 p Karrie holewa Foreclosure Manager PNC Bank, National Association Sworn to and subscribed 'before me this,'. &" JHay of , 2008 COMMONWEALfi I OF PENNSYLVANIA Notarial Seal Gwendolyn Robeson, Notary Public Came s Som. Abgheny Cw* M ?'. ! :'za Y Cwwr"won Fvnk. Nov. 9, 2011 y Member, Pennsylvania ASSOdation of Notary Public Nape My Commission Expires: ,...? B ANK_F IN: 3 29965 -1 000011-134902 . . 1 07/23/08 P O BOX 747066 40 3 48108739704 8887622265 PITTSBURGH PA 15274-7066 JOSHUA D LOCK 37 HILLCREST ROAD WORMLEYSBURG PA 17043 TYPE OF ACCOUNT REVOLVING CREDIT ACCOUNT OPENED 02/09/01 CREDIT L INE 160,00 0.00 INITIAL ADVANCED 0.00 INTEREST RATE .0 4000 CURRENT BALANCE 158,206.55 AVAILABL E CREDIT LINE 0.00 NEXT PAYMENT DUE 07/15/07 PAYMENT AMOUNT 1,601.93 DATE DESCRIPTION TRANSACTION DETAIL BALANCE 02/09/01 CREDIT LINE ESTABLISHED 0.00 02/15/01 CHECK PD 40,000.00 40,000.00 02/16/01 CHECK PD 34,987.00 74,987.00 02/16/01 CHECK PD 72,149.83 147,136.83 02/20/01 BACKDATE ADJUSTMENT 41.01 147,136.83 FINANCE CHARGE DR ADJ 41.01 02/21/01 CHECK PD 9,574.64 156,711.47 02/26/01 CHECK PD 1,000.00 157,711.47 03/21/01 INTEREST RATE CHANGE FROM .08000 TO .07500 04/16/01 PAYMENT RECD - THANK YOU 1,171.35 157,711.47 FINANCE CHARGE CR ADJ 1,171.35 04/20/01 INTEREST RATE CHANGE FROM .07500 TO .07000 05/17/01 PAYMENT REC'D - THANK YOU 1,000.00 157,683.67 FINANCE CHARGE CR ADJ 972.20 PRINCIPAL BALANCE CR ADJ 27.80 OVERAGE 27.80 05/21/01 INTEREST RATE CHANGE FROM .07000 TO .06500 05/31/01 CHECK PD 1,000.00 158,683.67 06/05/01 CHECK PD 1,000.00 159,683.67 06/19/01 PAYMENT RECD - THANK YOU 937.60 159,683.67 FINANCE CHARGE CR ADJ 937.60 06/20/01 INTEREST RATE CHANGE FROM .06500 TO .06000 07/20/01 INTEREST RATE CHANGE FROM .06000 TO .05750 07/25/01 PAYMENT REC'D - THANK YOU 1,636.49 159,683.67 FINANCE CHARGE CR ADJ 1,636.49 08/15/01 PRINCIPAL BAL CR ADJ 1,000.00 158,683.67 09/20/01 INTEREST RATE CHANGE FROM .05750 t % 2 07/23/08 P O BOX 747066 40 3 48108739704 8887622265 PITTSBURGH PA 15274-7066 DATE DESCRIPT ION TRANSACTION DETAIL BALANCE TO .05500 10/01/01 LATE CHA RGE ASSESSED 40.19 158,683.67 10/02/01 PAYMENT REC'D - THANK YOU 1,553.82 158,683.67 FINANCE CHARGE CR ADJ 1,553.82 10/19/01 INTEREST RATE CHANGE FROM .05500 TO .05000 10/26/01 PAYMENT RECD - THANK YOU 693.42 158,683.67 FINANCE CHARGE CR ADJ 693.42 11/20/01 INTEREST RATE CHANGE FROM .05000 TO .04500 12/21/01 INTEREST RATE CHANGE FROM .04500 TO .04000 12/31/01 LATE CHARGE ASSESSED 34.78 158,683.67 01/15/02 PAYMENT RECD - THANK YOU 1,302.08 158,683.67 FINANCE CHARGE CR ADJ 1,302.08 01/18/02 INTEREST RATE CHANGE FROM .04000 TO .03750 02/20/02 PAYMENT RECD - THANK YOU 1,000.00 158,683.67 FINANCE CHARGE CR ADJ 943.41 LATE CHARGE CR ADJ 56.59 OVERAGE 56.59 04/18/02 PAYMENT RECD - THANK YOU 554.30 158,683.67 FINANCE CHARGE CR ADJ 554.30 05/13/02 PAYMENT RECD - THANK YOU 472.79 158,683.67 FINANCE CHARGE CR ADJ 472.79 07/01/02 LATE CHARGE ASSESSED 26.08 158,683.67 07/17/02 PAYMENT RECD - THANK YOU 1,500.00 158,238.92 FINANCE CHARGE CR ADJ 1,010.79 LATE CHARGE CR ADJ 44.46 PRINCIPAL BALANCE CR ADJ 444.75 OVERAGE 489.21 08/12/02 PAYMENT RECD - THANK YOU 472.66 158,238.92 FINANCE CHARGE CR ADJ 472.66 09/30/02 LATE CHARGE ASSESSED 26.82 158,238.92 10/04/02 PAYMENT RECD - THANK YOU 1,024.22 158,238.92 FINANCE CHARGE CR ADJ 1,024.22 11/15/02 PAYMENT RECD - THANK YOU 503.98 158,238.92 FINANCE CHARGE CR ADJ 503.98 12/12/02 PAYMENT RECD - THANK YOU 487.72 158,238.92 FINANCE CHARGE CR ADJ 487.72 12/20/02 INTEREST RATE CHANGE FROM .03750 TO .03250 01/28/03 PAYMENT REC'D - THANK YOU 514.54 158,238.92 FINANCE CHARGE CR ADJ 487.72 FINANCE CHARGE CR ADJ 26.82 02/19/03 PAYMENT RECD - THANK YOU 477.69 158,238.92 FINANCE CHARGE CR ADJ 424.05 FINANCE CHARGE CR ADJ 53.64 3 07/23/08 P O BOX 747066 40 3 48108739704 88876222 65 PITTSBURGH PA 15274-7066 DATE DESCRIPT ION TRANSACTION DETAIL BALANCE 03/14/03 PAYMENT RECD - THANK YOU 394.52 158,212.10 FINANCE CHARGE CR ADJ 340.88 LATE CHA RGE CR ADJ 26.82 PRINCIPA L BALANCE CR ADJ 26.82 OVERAGE 53.64 04/14/03 PAYMENT RECD - THANK YOU 436.76 158,212.10 FINANCE CHARGE CR ADJ 436.76 05/16/03 PAYMENT RECD - THANK YOU 400.00 158,206.55 FINANCE CHARGE CR ADJ 394.45 PRINCIPAL BALA NCE CR ADJ 5.55 OVERAGE 5.55 06/16/03 PAYMENT REC'D - THANK YOU 464.88 158,206.55 FINANCE CHARGE CR ADJ 464.88 07/21/03 PAYMENT RECD - THANK YOU 422.60 158,206.55 FINANCE CHARGE CR ADJ 422.60 07/21/03 INTEREST RATE CHANGE FROM .03250 TO .03000 08/15/03 PAYMENT REC'D - THANK YOU .436.70 158,206.55 FINANCE CHARGE CR ADJ 436.70 09/15/03 PAYMENT REC'D - THANK YOU 403.10 158,206.55 FINANCE CHARGE CR ADJ 403.10 10/30/03 LATE CHARGE AS SESSED 20.00 158,206.55 11/14/03 PAYMENT REC'D - THANK YOU 793.20 158,206.55 FINANCE CHARGE CR ADJ 793.20 12/15/03 PAYMENT RECD - THANK YOU 390.10 158,206.55 FINANCE CHARGE CR ADJ 390.10 01/20/04 PAYMENT REC'D - THANK YOU 397.09 158,206.55 FINANCE CHARGE CR ADJ 377.09 LATE CHARGE CR ADJ 20.00 02/11/04 PAYMENT REC'D - THANK YOU 428.36 158,206.55 FINANCE CHARGE CR ADJ 428.36 03/23/04 PAYMENT RECD - THANK YOU 376.07 158,206.55 FINANCE CHARGE CR ADJ 376.07 04/30/04 LATE CHARGE AS SESSED 20.00 158,206.55 05/03/04 PAYMENT RECD - THANK YOU 376.05 158,206.55 FINANCE CHARGE CR ADJ 376.05 06/01/04 PAYMENT RECD - THANK YOU 414.98 158,206.55 FINANCE CHARGE CR ADJ 414.98 06/25/04 PAYMENT REC'D - THANK YOU 402.00 158,206.55 FINANCE CHARGE CR ADJ 402.00 07/15/04 PAYMENT REC'D - THANK YOU 363.10 158,206.55 FINANCE CHARGE CR ADJ 363.10 08/16/04 PAYMENT REC'D - THANK YOU 427.93 158,206.55 FINANCE CHARGE CR ADJ 427.93 08/20/04 INTEREST RATE CHANGE FROM .03000 TO .03250 09/15/04 PAYMENT REC'D - THANK YOU 389.04 158,206.55 FINANCE CHARGE CR ADJ 389.04 09/20/04 INTEREST RATE CHANGE FROM .03250 TO .03500 b , 4 07/23/08 P O BOX 747066 40 3 48108739704 88876222 65 PITTSBUR GH PA 15274-7066 DATE DESCRIPTION TRANSACT ION DETAIL BALANCE 10/15/04 PAYMENT REC'D - THANK YOU 435.50 158,206.55 FINANCE CHARGE CR ADJ 435.50 10/21/04 INTEREST RATE CHANGE FROM .03500 TO .03750 11/15/04 PAYMENT REC'D - THANK YOU 469.00 158,206.55 FINANCE CHARGE CR ADJ 469.00 12/21/04 INTEREST RATE CHANGE FROM .03750 TO .04000 12/30/04 LATE CHARGE AS SESSED 23.50 158,206.55 01/05/05 PAYMENT REC'D - THANK YOU 513.58 158,206.55 FINANCE CHARGE CR ADJ 470.08 FINANCE CHARGE CR ADJ 43.50 01/14/05 PAYMENT RECD - THANK YOU 473.21 158,206.55 FINANCE CHARGE CR ADJ 473.21 01/21/05 INTEREST RATE CHANGE FROM .04000 TO .04250 02/17/05 PAYMENT RECD - THANK YOU 538.99 158,206.55 FINANCE CHARGE CR ADJ 538.99 03/21/05 PAYMENT RECD - THANK YOU 515.80 158,206.55 FINANCE CHARGE CR ADJ 515.80 03/21/05 INTEREST RATE CHANGE FROM .04250 TO .04500 04/08/05 PAYMENT RECD - THANK YOU 571.06 158,206.55 FINANCE CHARGE CR ADJ 571.06 04/20/05 INTEREST RATE CHANGE FROM .04500 TO .04750 05/31/05 LATE CHARGE AS SESSED 29.25 158,206.55 06/07/05 PAYMENT RECD - THANK YOU 585.15 158,206.55 FINANCE CHARGE CR ADJ 585.15 06/16/05 PAYMENT RECD - THANK YOU 617.65 158,206.55 FINANCE CHARGE CR ADJ 617.65 06/20/05 INTEREST RATE CHANGE FROM .04750 TO .05000 07/15/05 PAYMENT RECD - THANK YOU 638.25 158,206.55 FINANCE CHARGE CR ADJ 638.25 08/19/05 INTEREST RATE CHANGE FROM .05000 TO 05250 08/22/05 PAYMENT REC'D - THANK YOU 671.83 158,206.55 FINANCE CHARGE CR ADJ 671.83 09/15/05 PAYMENT RECD - THANK YOU 628.49 158,206.55 FINANCE CHARGE CR ADJ 628.49 09/20/05 INTEREST RATE CHANGE FROM 05250 TO .05500 10/14/05 PAYMENT REC'D - THANK YOU 728.19 158,206.55 FINANCE CHARGE CR ADJ 728.19 P O BOX 747066 8887622265 PITTSBURGH PA 15274-7066 DATE DESCRIPTION 10/21/05 INTEREST RATE CHANGE 40 3 5 TRANSACTION DETAIL FROM .05500 TO .05750 11/30/05 LATE CHARGE ASSESSED 12/05/05 PAYMENT RECD - THANK YOU FINANCE CHARGE CR ADJ 12/21/05 INTEREST RATE CHANGE FROM TO 01/17/06 PAYMENT REC'D - THANK YOU FINANCE CHARGE CR ADJ 01/20/06 INTEREST RATE CHANGE FROM TO 02/27/06 PAYMENT REC'D - THANK YOU FINANCE CHARGE CR ADJ 03/21/06 INTEREST RATE CHANGE FROM TO 04/14/06 PAYMENT RECD - THANK YOU FINANCE CHARGE CR ADJ 04/20/06 INTEREST RATE CHANGE 05/30/06 LATE CHARGE ASSESSED 06/14/06 PAYMENT RECD - THANK YOU FINANCE CHARGE CR ADJ 06/14/06 PAYMENT RECD - THANK YOU FINANCE CHARGE CR ADJ 06/20/06 INTEREST RATE CHANGE 06/30/06 LATE CHARGE ASSESSED 07/17/06 EXTENSION 07/21/06 INTEREST RATE CHANGE 36.95 1,436.86 1,436.86 .05750 .06000 822.46 822.46 .06000 .06250 1,538.72 1,538.72 .06250 .06500 866.88 866.88 FROM .06500 TO .06750 FROM .06750 TO .07000 FROM .07000 TO .07250 08/17/06 PAYMENT REC'D - THANK YOU FINANCE CHARGE CR ADJ 09/13/06 PAYMENT RECD - THANK YOU FINANCE CHARGE CR ADJ 10/23/06 PAYMENT RECD - THANK YOU FINANCE CHARGE CR ADJ FINANCE CHARGE CR ADJ 11/30/06 LATE CHARGE ASSESSED 12/15/06 PAYMENT RECD - THANK YOU FINANCE CHARGE CR ADJ FINANCE CHARGE CR ADJ 01/02/07 LATE CHARGE ASSESSED 01/16/07 PAYMENT REC'D - THANK YOU FINANCE CHARGE CR ADJ 01/30/07 LATE CHARGE ASSESSED 02/28/07 PAYMENT RECD - THANK YOU 42.26 600.00 600.00 245.22 245.22 42.42 0.00 940.57 940.57 974.16 974.16 974.16 942.74 31.42 47.13 942.73 911.31 31.42 48.70 942.75 942.75 48.70 974.16 07/23/08 48108739704 BALANCE 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 0.00 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 k lp 6 07/23/08 P O BOX 747066 40 3 48108739704 88876222 65 PITTSBUR GH PA 15274-7066 DATE DESCRIPTION TRANSACT ION DETAIL BALANCE FINANCE CHARGE CR ADJ 974.16 03/02/07 LATE CHARGE ASSESSED 45.56 158,206.55 03/15/07 PAYMENT RECD - THANK YOU 911.31 158,206.55 FINANCE CHARGE CR ADJ 911.31 03/30/07 LATE CHARGE ASSESSED 43.99 158,206.55 04/13/07 PAYMENT RECD - THANK YOU 879.89 158,206.55 FINANCE CHARGE CR ADJ 879.89 04/30/07 LATE CHARGE ASSESSED 51.85 158,206.55 05/14/07 PAYMENT RECD - THANK YOU 1,979.75 158,206.55 FINANCE CHARGE CR ADJ 1,979.75 07/02/07 LATE CHARGE ASSESSED 81.66 158,206.55 07/30/07 LATE CHARGE ASSESSED 80.09 158,206.55 07/31/07 PAYMENT REC'D - THANK YOU 1,633.35 158,206.55 FINANCE CHARGE CR ADJ 1,633.35 08/30/07 LATE CHARGE ASSESSED 80.09 158,206.55 10/01/07 LATE CHARGE ASSESSED 83.23 158,206.55 10/19/07 INTEREST RATE CHANGE FROM .07250 TO .06750 10/30/07 LATE CHARGE ASSESSED 80.09 158,206.55 11/30/07 LATE CHARGE ASSESSED 78.52 158,206.55 12/21/07 INTEREST RATE CHANGE FROM .06750 TO .06500 12/31/07 LATE CHARGE ASSESSED 79.77 158,206.55 01/18/08 INTEREST RATE CHANGE FROM .06500 TO .06250 01/30/08 LATE CHARGE ASSESSED 78.30 158,206.55 02/19/08 INTEREST RATE CHANGE FROM .06250 TO .05000 03/03/08 LATE CHARGE ASSESSED 72.33 158,206.55 03/31/08 LATE CHARGE ASSESSED 76.18 158,206.55 04/18/08 INTEREST RATE CHANGE FROM .05000 TO .04250 04/30/08 LATE CHARGE ASSESSED 66.45 158,206.55 05/30/08 LATE CHARGE ASSESSED 63.21 158,206.55 06/20/08 INTEREST RATE CHANGE FROM .04250 TO .04000 06/30/08 LATE CHARGE ASSESSED 63.27 158,206.55 k • 1 07/23/08 P O BOX 747066 40 3 48108739704 8887622265 PITTSBURGH PA 15274-7066 JOSHUA D LOCK 37 HILLCREST ROAD WORMLEYSBURG PA 17043 TYPE OF ACCOUNT REVOLVING CREDIT ACCOUNT OPENED 02/09/01 CREDIT L INE 160,00 0.00 INITIAL ADVANCED 0.00 INTEREST RATE .0 4000 CURRENT BALANCE 158,206.55 AVAILABL E CREDIT LINE 0.00 NEXT PAYMENT DUE 07/15/07 PAYMENT AMOUNT 1,601.93 DATE DESCRIPTION TRANSACTION DETAIL BALANCE 02/09/01 CREDIT LINE ESTABLISHED 0.00 02/15/01 CHECK PD 40,000.00 40,000.00 02/16/01 CHECK PD 34,987.00 74,987.00 02/16/01 CHECK PD 72,149.83 147,136.83 02/20/01 BACKDATE ADJUSTMENT 41.01 147,136.83 FINANCE CHARGE DR ADJ 41.01 02/21/01 CHECK PD 9,574.64 156,711.47 02/26/01 CHECK PD 1,000.00 157,711.47 03/21/01 INTEREST RATE CHANGE FROM .08000 TO .07500 04/16/01 PAYMENT REC'D - THANK YOU 1,171.35 157,711.47 FINANCE CHARGE CR ADJ 1,171.35 04/20/01 INTEREST RATE CHANGE FROM .07500 TO .07000 05/17/01 PAYMENT RECD - THANK YOU 1,000.00 157,683.67 FINANCE CHARGE CR ADJ 972.20 PRINCIPAL BALANCE CR ADJ 27.80 OVERAGE 27.80 05/21/01 INTEREST RATE CHANGE FROM .07000 TO .06500 05/31/01 CHECK PD 1,000.00 158,683.67 06/05/01 CHECK PD 1,000.00 159,683.67 06/19/01 PAYMENT REC'D - THANK YOU 937.60 159,683.67 FINANCE CHARGE CR ADJ 937.60 06/20/01 INTEREST RATE CHANGE FROM .06500 TO .06000 07/20/01 INTEREST RATE CHANGE FROM .06000 TO .05750 07/25/01 PAYMENT RECD - THANK YOU 1,636.49 159,683.67 FINANCE CHARGE CR ADJ 1,636.49 08/15/01 PRINCIPAL BAL CR ADJ 1,000.00 158,683.67 09/20/01 INTEREST RATE CHANGE FROM .05750 2 07/23/08 P O BOX 747066 40 3 48108739704 88876222 65 PITTSBURGH PA 15274-7066 DATE DESCRIPT ION TRANSACTION DETAIL BALANCE TO .05500 10/01/01 LATE CHARGE AS SESSED 40.19 158,683.67 10/02/01 PAYMENT RECD - THANK YOU 1,553.82 158,683.67 FINANCE CHARGE CR ADJ 1,553.82 10/19/01 INTEREST RATE CHANGE FROM .05500 TO .05000 10/26/01 PAYMENT RECD - THANK YOU 693.42 158,683.67 FINANCE CHARGE CR ADJ 693.42 11/20/01 INTEREST RATE CHANGE FROM .05000 TO .04500 12/21/01 INTEREST RATE CHANGE FROM .04500 TO .04000 12/31/01 LATE CHARGE AS SESSED 34.78 158,683.67 01/15/02 PAYMENT RECD - THANK YOU 1,302.08 158,683.67 FINANCE CHARGE CR ADJ 1,302.08 01/18/02 INTEREST RATE CHANGE FROM .04000 TO .03750 02/20/02 PAYMENT RECD - THANK YOU 1,000.00 158,683.67 FINANCE CHARGE CR ADJ 943.41 LATE CHARGE CR ADJ 56.59 OVERAGE 56.59 04/18/02 PAYMENT RECD - THANK YOU 554.30 158,683.67 FINANCE CHARGE CR ADJ 554.30 05/13/02 PAYMENT RECD - THANK YOU 472.79 158,683.67 FINANCE CHARGE CR ADJ 472.79 07/01/02 LATE CHA RGE AS SESSED 26.08 158,683.67 07/17/02 PAYMENT REC'D - THANK YOU 1,500.00 158,238.92 FINANCE CHARGE CR ADJ 1,010.79 LATE CHA RGE CR ADJ 44.46 PRINCIPA L BALANCE CR ADJ 444.75 OVERAGE 489.21 08/12/02 PAYMENT RECD - THANK YOU 472.66 158,238.92 FINANCE CHARGE CR ADJ 472.66 09/30/02 LATE CHA RGE ASSESSED 26.82 158,238.92 10/04/02 PAYMENT REC'D - THANK YOU 1,024.22 158,238.92 FINANCE CHARGE CR ADJ 1,024.22 11/15/02 PAYMENT RECD - THANK YOU 503.98 158,238.92 FINANCE CHARGE CR ADJ 503.98 12/12/02 PAYMENT REC'D - THANK YOU 487.72 158,238.92 FINANCE CHARGE CR ADJ 487.72 12/20/02 INTEREST RATE CHANGE FROM .03750 TO .03250 01/28/03 PAYMENT RECD - THANK YOU 514.54 158,238.92 FINANCE CHARGE CR ADJ 487.72 FINANCE CHARGE CR ADJ 26.82 02/19/03 PAYMENT REC'D - THANK YOU 477.69 158,238.92 FINANCE CHARGE CR ADJ 424.05 FINANCE CHARGE CR ADJ 53.64 lb 4 3 07/23/08 P O BOX 747066 40 3 48108739704 88876222 65 PITTSBURGH PA 15274-7066 DATE DESCRIPTION TRANSACTION DETAIL BALANCE 03/14/03 PAYMENT REC'D - THANK YOU 394.52 158,212.10 FINANCE CHARGE CR ADJ 340.88 LATE CHARGE CR ADJ 26.82 PRINCIPAL BALANCE CR ADJ 26.82 OVERAGE 53.64 04/14/03 PAYMENT REC'D - THANK YOU 436.76 158,212.10 FINANCE CHARGE CR ADJ 436.76 05/16/03 PAYMENT RECD - THANK YOU 400.00 158,206.55 FINANCE CHARGE CR ADJ 394.45 PRINCIPAL BALANCE CR ADJ 5.55 OVERAGE 5.55 06/16/03 PAYMENT RECD - THANK YOU 464.88 158,206.55 FINANCE CHARGE CR ADJ 464.88 07/21/03 PAYMENT REC'D - THANK YOU 422.60 158,206.55 FINANCE CHARGE CR ADJ 422.60 07/21/03 INTEREST RATE CHANGE FROM .03250 TO .03000 08/15/03 PAYMENT RECD - THANK YOU 436.70 158,206.55 FINANCE CHARGE CR ADJ 436.70 09/15/03 PAYMENT RECD - THANK YOU 403.10 158,206.55 FINANCE CHARGE CR ADJ 403.10 10/30/03 LATE CHARGE ASSESSED 20.00 158,206.55 11/14/03 PAYMENT RECD - THANK YOU 793.20 158,206.55 FINANCE CHARGE CR ADJ 793.20 12/15/03 PAYMENT REC'D - THANK YOU 390.10 158,206.55 FINANCE CHARGE CR ADJ 390.10 01/20/04 PAYMENT REC'D - THANK YOU 397.09 158,206.55 FINANCE CHARGE CR ADJ 377.09 LATE CHARGE CR ADJ 20.00 02/11/04 PAYMENT REC'D - THANK YOU 428.36 158,206.55 FINANCE CHARGE CR ADJ 428.36 03/23/04 PAYMENT RECD - THANK YOU 376.07 158,206.55 FINANCE CHARGE CR ADJ 376.07 04/30/04 LATE CHARGE ASSESSED 20.00 158,206.55 05/03/04 PAYMENT REC'D - THANK YOU 376.05 158,206.55 FINANCE CHARGE CR ADJ 376.05 06/01/04 PAYMENT REC'D - THANK YOU 414.98 158,206.55 FINANCE CHARGE CR ADJ 414.98 06/25/04 PAYMENT REC'D - THANK YOU 402.00 158,206.55 FINANCE CHARGE CR ADJ 402.00 07/15/04 PAYMENT RECD - THANK YOU 363.10 158,206.55 FINANCE CHARGE CR ADJ 363.10 08/16/04 PAYMENT RECD - THANK YOU 427.93 158,206.55 FINANCE CHARGE CR ADJ 427.93 08/20/04 INTEREST RATE CHANGE FROM .03000 TO .03250 09/15/04 PAYMENT REC'D - THANK YOU 389.04 158,206.55 FINANCE CHARGE CR ADJ 389.04 09/20/04 INTEREST RATE CHANGE FROM .03250 TO .03500 4 07/23/08 P O BOX 747066 40 3 48108739704 88876222 65 PITTSBUR GH PA 15274-7066 DATE DESCRIPT ION TRANSACTIO N DETAIL BALANCE 10/15/04 PAYMENT RECD - THANK YOU 435.50 158,206.55 FINANCE CHARGE CR ADJ 435.50 10/21/04 INTEREST RATE CHANGE FROM .03500 TO .03750 11/15/04 PAYMENT REC'D - THANK YOU 469.00 158,206.55 FINANCE CHARGE CR ADJ 469.00 12/21/04 INTEREST RATE CHANGE FROM .03750 TO .04000 12/30/04 LATE CHARGE AS SESSED 23.50 158,206.55 01/05/05 PAYMENT RECD - THANK YOU 513.58 158,206.55 FINANCE CHARGE CR ADJ 470.08 FINANCE CHARGE CR ADJ 43.50 01/14/05 PAYMENT RECD - THANK YOU 473.21 158,206.55 FINANCE CHARGE CR ADJ 473.21 01/21/05 INTEREST RATE CHANGE FROM .04000 TO .04250 02/17/05 PAYMENT RECD - THANK YOU 538.99 158,206.55 FINANCE CHARGE CR ADJ 538.99 03/21/05 PAYMENT RECD - THANK YOU 515.80 158,206.55 FINANCE CHARGE CR ADJ 515.80 03/21/05 INTEREST RATE CHANGE FROM .04250 TO .04500 04/08/05 PAYMENT REC'D - THANK YOU 571.06 158,206.55 FINANCE CHARGE CR ADJ 571.06 04/20/05 INTEREST RATE CHANGE FROM .04500 TO .04750 05/31/05 LATE CHARGE AS SESSED 29.25 158,206.55 06/07/05 PAYMENT RECD - THANK YOU 585.15 158,206.55 FINANCE CHARGE CR ADJ 585.15 06/16/05 PAYMENT RECD - THANK YOU 617.65 158,206.55 FINANCE CHARGE CR ADJ 617.65 06/20/05 INTEREST RATE CHANGE FROM .04750 TO .05000 07/15/05 PAYMENT RECD - THANK YOU 638.25 158,206.55 FINANCE CHARGE CR ADJ 638.25 08/19/05 INTEREST RATE CHANGE FROM .05000 TO .05250 08/22/05 PAYMENT REC'D - THANK YOU 671.83 158,206.55 FINANCE CHARGE CR ADJ 671.83 09/15/05 PAYMENT REC'D - THANK YOU 628.49 158,206.55 FINANCE CHARGE CR ADJ 628.49 09/20/05 INTEREST RATE CHANGE FROM .05250 TO .05500 10/14/05 PAYMENT RECD - THANK YOU 728.19 158,206.55 FINANCE CHARGE CR ADJ 728.19 • • P 0 BOX 747066 8887622265 PITTSBURGH PA 15274-7066 DATE DESCRIPTION 10/21/05 INTEREST RATE CHANGE 11/30/05 LATE CHARGE ASSESSED 12/05/05 PAYMENT RECD - THANK YOU FINANCE CHARGE CR ADJ 12/21/05 INTEREST RATE CHANGE 36.95 1,436.86 1,436.86 FROM 05750 TO .06000 01/17/06 PAYMENT RECD - THANK YOU 822.46 FINANCE CHARGE CR ADJ 822.46 01/20/06 INTEREST RATE CHANGE FROM .06000 TO .06250 02/27/06 PAYMENT RECD - THANK YOU 1,538.72 FINANCE CHARGE CR ADJ 1,538.72 03/21/06 INTEREST RATE CHANGE FROM .06250 TO .06500 04/14/06 PAYMENT RECD - THANK YOU 866.88 FINANCE CHARGE CR ADJ 866.88 04/20/06 INTEREST RATE CHANGE FROM .06500 TO .06750 05/30/06 LATE CHARGE ASSESSED 06/14/06 PAYMENT REC'D - THANK YOU FINANCE CHARGE CR ADJ 06/14/06 PAYMENT RECD - THANK YOU FINANCE CHARGE CR ADJ 06/20/06 INTEREST RATE CHANGE 06/30/06 LATE CHARGE ASSESSED 07/17/06 EXTENSION 07/21/06 INTEREST RATE CHANGE 40 3 5 TRANSACTION DETAIL FROM .05500 TO .05750 FROM .06750 TO .07000 FROM .07000 TO .07250 08/17/06 PAYMENT RECD - THANK YOU FINANCE CHARGE CR ADJ 09/13/06 PAYMENT RECD - THANK YOU FINANCE CHARGE CR ADJ 10/23/06 PAYMENT RECD - THANK YOU FINANCE CHARGE CR ADJ FINANCE CHARGE CR ADJ 11/30/06 LATE CHARGE ASSESSED 12/15/06 PAYMENT RECD - THANK YOU FINANCE CHARGE CR ADJ FINANCE CHARGE CR ADJ 01/02/07 LATE CHARGE ASSESSED 01/16/07 PAYMENT RECD - THANK YOU FINANCE CHARGE CR ADJ 01/30/07 LATE CHARGE ASSESSED 02/28/07 PAYMENT REC'D - THANK YOU 42.26 600.00 600.00 245.22 245.22 42.42 0.00 940.57 940.57 974.16 974.16 974.16 942.74 31.42 47.13 942.73 911.31 31.42 48.70 942.75 942.75 48.70 974.16 07/23/08 48108739704 BALANCE 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 0.00 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 158,206.55 6 07/23/08 P O BOX 747066 40 3 48108739704 88876222 65 PITTSBUR GH PA 15274-7066 DATE DESCRIPTION TRANSACT ION DETAIL BALANCE FINANCE CHARGE CR ADJ 974.16 03/02/07 LATE CHARGE ASSESSED 45.56 158,206.55 03/15/07 PAYMENT REC'D - THANK YOU 911.31 158,206.55 FINANCE CHARGE CR ADJ 911.31 03/30/07 LATE CHARGE ASSESSED 43.99 158,206.55 04/13/07 PAYMENT REC'D - THANK YOU 879.89 158,206.55 FINANCE CHARGE CR ADJ 879.89 04/30/07 LATE CHARGE ASSESSED 51.85 158,206.55 05/14/07 PAYMENT RECD - THANK YOU 1,979.75 158,206.55 FINANCE CHARGE CR ADJ 1,979.75 07/02/07 LATE CHARGE ASSESSED 81.66 158,206.55 07/30/07 LATE CHARGE ASSESSED 80.09 158,206.55 07/31/07 PAYMENT REC'D - THANK YOU 1,633.35 158,206.55 FINANCE CHARGE CR ADJ 1,633.35 08/30/07 LATE CHARGE ASSESSED 80.09 158,206.55 10/01/07 LATE CHARGE ASSESSED 83.23 158,206.55 10/19/07 INTEREST RATE CHANGE FROM .07250 TO .06750 10/30/07 LATE CHARGE ASSESSED 80.09 158,206.55 11/30/07 LATE CHARGE ASSESSED 78.52 158,206.55 12/21/07 INTEREST RATE CHANGE FROM .06750 TO .06500 12/31/07 LATE CHARGE ASSESSED 79.77 158,206.55 01/18/08 INTEREST RATE CHANGE FROM .06500 TO .06250 01/30/08 LATE CHARGE ASSESSED 78.30 158,206.55 02/19/08 INTEREST RATE CHANGE FROM .06250 TO .05000 03/03/08 LATE CHARGE ASSESSED 72.33 158,206.55 03/31/08 LATE CHARGE ASSESSED 76.18 158,206.55 04/18/08 INTEREST RATE CHANGE FROM .05000 TO .04250 04/30/08 LATE CHARGE ASSESSED 66.45 158,206.55 05/30/08 LATE CHARGE ASSESSED 63.21 158,206.55 06/20/08 INTEREST RATE CHANGE FROM .04250 TO .04000 06/30/08 LATE CHARGE ASSESSED 63.27 158,206.55 A CERTIFICATE OF SERVIC The undersigned hereby certifies that on this ? day of J- , 2008, a true and correct copy of the within Motion for Summary Judgment and Brief, were served on the Defendants by first class, U.S. Mail, postage prepaid, at the following address: Thomas J. Weber, Esquire Goldberg Katzman PC 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 ` mss -13 C?'1 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) PNC Bank, National Association VS. Joshua D. Lock, Joanne Lock and The United States of America No. 08-2208 . Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Brett A. Solomon, Esq., Tucker Arensberg, P.C, 1500 One PPG Place, Pgh, PA 15222 (Name and Address) Thomas Weber, Esq., Goldberg, Katzman, 320 Market Street, PO Box 1268, (b) for defendants: Harrisburg, PA 17108 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 3 2008 11W? Brett A. Solomon, Esq. Print your name PNr. Rnnk- N&t-i nnal Acenr.i ati on Attorney for plaintiff Date: August 6, 2008 INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. .c . rn A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, Defendants. CIVIL DIVISION No. 08-2208 ORDER OF COURT AND NOW, to wit, this 74 0 64,2008, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiffs Motion for Summary Judgment is granted. It is further ORDERED, ADJUDGED and DECREED that Judgment in mortgage foreclosure is hereby entered in favor of the Plaintiff, PNC Bank, National Association, and against Joshua D. Lock and Joanne Lock, in the amount of $164,986.24, plus interest from October 18, 2007 at the contract rate, reasonable attorneys fees and costs of suit. C BANK_FIN:329962-1 000011-134902 a+..l C+ ) T.. p Cl- t ` V Coe) C:5 C: 7 a t.,, C,a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION CIVIL DIVISION Plaintiff, VS. JOSHUA D. LOCK, JOANNE LOCK and THE UNTIED STATES OF AMERICA, Defendants. No. 08-2208 PRAECIPE FOR ENTRY OF JUDGMENT PURSUANT TO ORDER OF COURT Filed on behalf of PNC BANK, NATIONAL ASSOCIATION, Plaintiff. Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire 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 PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, Defendant. CIVIL DIVISION No. 08-2208 PRAECIPE FOR ENTRY OF JUDGMENT Kindly enter judgment in favor of Plaintiff, PNC Bank, National Association, and against Defendants, Joshua D. Lock and Joanne Lock, in the amount of $164,968.24, plus interest from October 18, 2007 at the contract rate, reasonable attorneys fees and costs of suit, pursuant to the Order granting Summary Judgment dated September 2, 2008, a copy of which is attached hereto and incorporated herein as Exhibit "A". TUCKER ARENSBERG, P.C. By: Michael C. Mazack, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 Attorneys for PNC BANK, NATIONAL ASSOCIATION, Plaintiff BF 336071 ft IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION Plaintiff, ) No. 07-CV-1401 VS. ) FRANK PIERANGELI, ) Defendant. ) NOTICE OF ORDER, DECREE OR JUDGMENT TO: [ ] Plaintiff; [X] Defendant; [ ] Garnishee: You are hereby notified that in the above case, the following Order, Decree or Judgment has been entered against you on 06: - le , 2008: [X] Summary Judgment in the amount of $164,986.24, plus interest from October 18, 2007 at the rate of $31,4245 per diem, reasonable attorneys fees and costs of suit. [ ] Trespass Judgment for Liability. [ ] Trespass Judgment in the amount of $ plus costs. [ ] If a motor vehicle trespass judgment is not satisfied within sixty (60) days, your motor vehicle operator's license will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, Pennsylvania. [X] Entry of Judgment of [ X ] Court Order, [ ] Non-Pros ( ] Default ( ] Verdict [ ] Default Liability [X ] Summary Judgment dated September 2, 2008 [ ] Other: e4evz Pr onotary, ounty Applicable brackets have been checked [X]. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, Defendants. CIVIL DIVISION No. 08-2208 ORDER OF COURT AND NOW, to wit, this A_.IV& 0 2008, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiffs Motion for Summary Judgment is granted. It is further ORDERED, ADJUDGED and DECREED that Judgment in mortgage foreclosure is hereby entered in favor of the Plaintiff, PNC Bank, National Association, and against Joshua D. Lock and Joanne Lock, in the amount of $164,986.24, plus interest from October 18, 2007 at the contract rate, reasonable attorneys fees and costs of suit. C BANK FIN:329962-1 000011-134902 EXHIBR I --A- { r % PNC BANK, NATIONAL ASSOCIATION, Plaintiff, V. JOSHUA D. LOCK, JOANNE LOCK, AND UNITED STATES OF AMERICA MORTGAGE FORECLOSURE NO. 08-2208 Defendants STIPULATION It is hereby stipulated and agreed by and between PNC Bank, National Association, Plaintiff and the Defendant, United States of America, as follows: 1. That the premises referred to in the Complaint is owned by the Defendants, Joshua D. Lock and Joanne Lock. 2. The Plaintiff filed an action in mortgage foreclosure to the above number and term, and named as Defendants, Joshua D. Lock and Joanne Lock and The United States of America. 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 M. 4. The United States of America hereby accepts service of the Complaint and waives its 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, at Case #2005-03862 in the amount of BANK FIN:330276-1000011-134902 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 1 c , a $393,146.83, entered in the Prothonotary's office of Cumberland County, Pennsylvania. 6. That the Federal tax lien referred to in paragraph "5" in the total amount of $393,146.83 is junior in time to the Plaintiff's mortgage set forth in paragraph "4" of Plaintiff's Complaint. 7. That the Defendant, 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, 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 shall be served on the Defendant, United States of America. 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 shall be sent to the Internal Revenue Service, P.O. 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, United States of America, preserves its right of redemption as provided in Title 28, United States Code, Section 2410(c). BANK FIN:330276-1 000011-134902 2 . ,. 13. The parties to this Stipulation shall bear their respective costs in this proceeding. TUCKER ARENSBERG, P.C. Dated: tolq 106 By: Brett A. Solomon Dated: (1 kb MARTIN C. CARLSON United States Attorney By: 0\" ""- - Melissa A. Swauger Assistant U.S. Attorney Attorney for United States of America BANK FIN:330276-1 000011-134902 rn 4 C) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION CIVIL DIVISION Plaintiff, VS. JOSHUA D. LOCK, JOANNE LOCK and THE UNTIED STATES OF AMERICA, Defendants. No. 08-2208 AMENDED PRAECIPE FOR ENTRY OF JUDGMENT PURSUANT TO ORDER OF COURT Filed on behalf of PNC BANK, NATIONAL ASSOCIATION, Plaintiff. Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire 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 PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION No. 08-2208 Plaintiff, VS. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, Defendant. AMENDED PRAECIPE FOR ENTRY OF JUDGMENT Kindly enter judgment in favor of Plaintiff, PNC Bank, National Association, and against Defendants, Joshua D. Lock and Joanne Lock, in the amount of $164,968.24, plus interest from October 18, 2007 at the contract rate, reasonable attorneys fees and costs of suit, pursuant to the Order granting Summary Judgment dated September 2, 2008, a copy of which is attached hereto and incorporated herein as Exhibit "A". TUCKER ARENSBERG, P.C. By: Michael C. Mazack, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 Attorneys for PNC BANK, NATIONAL ASSOCIATION, Plaintiff BF 336071 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 08-2208 VS. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: [ ] Plaintiff; [X] Defendant; [ ] Garnishee: You are hereby notified that in the above case, the following Order, Decree or Judgment has been entered against you on 061. ?2., , 2008: [X] Summary Judgment in the amount of $164,986.24, plus interest from October 18, 2007 at the rate of $31.4245 per diem, reasonable attorneys fees and costs of suit. [ ] Trespass Judgment for Liability. [ ] Trespass Judgment in the amount of $ plus costs. [ ] If a motor vehicle trespass judgment is not satisfied within sixty (60) days, your motor vehicle operator's license will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, Pennsylvania. [X] Entry of Judgment of [ X ] Court Order, [ ] Non-Pros [ ] Default [ ] Verdict [ ] Default Liability [X ] Summary Judgment dated September 2, 2008 [ ] Other: ?4 :?ZL Pr onotaryrland ounty Applicable brackets have been checked [X]. 4" i 14• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 08-2208 vs. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, Defendants. ORDER OF COURT AND NOW, to wit, this A!&y..o 2008, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiffs Motion for Summary Judgment is granted. It is further ORDERED, ADJUDGED and DECREED that Judgment in mortgage foreclosure is hereby entered in favor of the Plaintiff, PNC Bank, National Association, and against Joshua D. Lock and Joanne Lock, in the amount of $164,986.24, plus interest from October 18, 2007 at the contract rate, reasonable attorneys fees and costs of suit. C RANK_P IN:329962-1 00001 1-134902 EXHIBIT C) o TT r HIM r - ' ¦ V 1 1 45 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants CIVIL DIVISION No. 2008-2208 PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 37 Hillcrest Road Wormleysburg, PA 17043 (Borough of Wormleysburg) Tax Parcel No. 47-20-1856-019 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2008-2208 vs. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, 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 ........................................................................ $164,986.24 Interest from 10/18/07 through 3/4/09 at $31.4245 per diem ....... 15,806.52 Late Charges ($80.10/mo. for 11/07 to 2109) ............................... 1,281.60 Attorneys' Fees and Costs .......................................................... 929.60 Sub-total ................................................................................... $183,003.96 Costs (to be added by the Prothonotary) ................................... TOTAL TUCKER ARENSBERG, P.C. Brett A. Solomon, Esquire Michael C. Mazack, Esquire Attorneys for PNC Bank, National Association, Plaintiff lV lw C-) f-a m 03 W ?- ? ao m-T SLi o o N 0 0 _ , y CTI, { h u? O O x CD TY 00 10 ,? Q0 a ? W a- . ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 08-2208 vs. JOSHUA D. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA, Defendants. ORDER OF COURT AND NOW, to wit, this 7_40&.o %04?1 2008, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiffs Motion for Summary Judgment is granted. It is further ORDERED, ADJUDGED and DECREED that Judgment in mortgage foreclosure is hereby entered in favor of the Plaintiff, PNC Bank, National Association, and against Joshua D. Lock and Joanne Lock, in the amount of $164,986.24, plus interest from October 18, 2007 at the contract rate, reasonable attorneys fees and costs of suit. TIANK PIN 329962-I 000011-13002 mm?? EXHIBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2008-2208 Vs. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: I, Brett A. Solomon, Esquire, and Michael C. Mazack, Esquire, being duly sworn according to law, hereby depose and say that the Defendants, Joshua A. Lock and Joanne Lock, are not members of the military service of the United States of America to the best of my knowledge, information and belief. Sworn to and subscribed before me Brett A. Solomon, Esquire Michael C. Mazack, Esquire this day of© 2008. NOta COMMON??EALTH ? S?NNSYLVAN?? Nolan diary public Kelly J. Mizak. All Cour?1y My Commission Expires: apobufO, 28 2000 miseion EXPW65 M8`y rtes Ive?is Apeooietion of Nom mbar. PenneY BANK FIN:336046-1 000011-134902 r Q0 -71 -i w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, No. 2008-2208 vs. AFFIDAVIT PURSUANT TO PA. R.C.P. 3129.1 JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Filed on behalf of PNC Bank, National Defendants. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 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 PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants JOSHUA D. LOCK JOANNE LOCK AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 PNC Bank, National Association, Plaintiff in the above action, by its attorneys, Tucker Arensberg, P.C., set forth as of the date of the Praecipe for Writ of Execution was filed the following information concerning the real property located in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania: 1. Name and address of the Owner or Reputed Owner: 2 3. 4 37 Hillcrest Road Wormleysburg, PA 17043 Name and address of Defendants in the judgment: JOSHUA D. LOCK JOANNE LOCK 37 Hillcrest Road Wormleysburg, PA 17043 THE UNITED STATES OF AMERICA c/o U.S. Attorney William J. Nealon Fed. Bldg. & Crthse 235 N. Washington Avenue, Suite 311 Scranton, PA 18503 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC BANK, NATIONAL ASSOCIATION c/o Brett A. Solomon, Esquire Michael C. Mazack, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 THE UNITED STATES INTERNAL REVENUE SERVICE CIVIL DIVISION No. 2008-2208 228 Walnut Street Harrisburg, PA 17108 Name and address of last recorded holder of every mortgage of record: r 5. 6. 7. PNC BANK, NATIONAL ASSOCIATION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS DECISION ONE MORTGAGE COMPANY, LLC c/o Brett A. Solomon, Esquire Michael C. Mazack, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 152225 P.O. Box 2026 Flint, MI 48501 6060 J.A. Jones Drive, Suite 1000 Charlotte, NC 28287 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: CUMBERLAND COUNTY TREASURER 1 Courthouse Square Carlisle, PA 17013 CUMBERLAND COUNTY TAX CLAIM BUREAU BOROUGH OF WORMLEYSBURG TAX COLLECTOR SHIPPENSBURG AREA SCHOOL DISTRICT COMMONWEALTH OF PA DEPARTMENT OF REVENUE 1 Courthouse Square Carlisle, PA 17013 c/o Vivian F. Coy 200 Airport Road Shippensburg, PA 17257 c/o Tax Collector 317 N Morris St. Shippensburg, PA 17257 P.O. Box 2675 Harrisburg, PA 17105 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 P.O. Box 320 DOMESTIC RELATIONS OFFICE Carlisle, Pennsylvania 17013 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. -2- 46 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: IG/,:; 2-10 O Sworn to and subscribed before e this day o\.Z;;ITW , 2008. By: Brett A. Solomon, Esquire Michael C. Mazack, Esquire Attorneys for Plaintiff 1 N20- Notarial Seal Kelly J. Mi7,*, Notary Public ,n Expires: City Of Pittsburgh, Allegheny County 1 000011-134902 My Commission Expires May 23, 2009 Member, Pennsylvania Association of Notaries -3- raj -G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, No. 2008-2208 VS. AFFIDAVIT OF ACT 6 JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Filed on behalf of PNC Bank, National Defendants. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 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 PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION Plaintiff, ) No. 2008-2208 VS. ) JOSHUA A. LOCK, JOANNE LOCK AND ) THE UNITED STATES OF AMERICA, ) Defendants. ) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, a Notary Public, personally appeared Brett A. Solomon, Esquire, and Michael C. Mazack, Esquire, being duly sworn, deposes and says: THAT Notice of PNC Bank, National Association, intention to foreclose, pursuant to 41 P.S. §403 (Act 6 of 1974), was given to Defendants on or about November 6, 2007. Swor and subscr b fo m this day o' 08. No Pu My Commission Expires: Brett A. Solomon, Esquire Michael C. Mazack, Esquire Notarialg ' •??JrL?ANI Kelly,? Mir eal c"y Of Pig ibu'ak °ta?' Public Mem? • Pe "n °ur?y' AL'S rht7y 9 1'i"aaia Association of NW o`-?- BANK FIN:336046-1 000011-134902 T? CZ0 • ?'? .....,. j ill i _ ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, No. 2008-2208 VS. AFFIDAVIT OF ACT 91 JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Filed on behalf of PNC Bank, National Defendants. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION Plaintiff, ) No. 2008-2208 vs. ) JOSHUA A. LOCK, JOANNE LOCK AND ) THE UNITED STATES OF AMERICA, ) Defendants. ) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and County, personally appeared Brett A. Solomon, Esquire, and Micheal C. Mazack, Esquire, who being duly sworn, deposes and says: THAT Notice pursuant to 35 P.S. §1680.403 (Homeowner's Emergency Mortgage Assistance Act of 1983 -- Act 91 of 1983) was given to Defendants on or about November 6, 2007. Brett A. Solomon, Esquire Michael C. Mazack, Esquire Sworn and subscZ!b f thisday 2008 Nota blic My Commission Expires: COMMA- WE=_ALTH OF PENNSYLVANIA Nswou sml Kel J: Mink, Nomry Public c1 I a ? I foh, 00911&V County ? b9l" MAY 93, MGM06P, P60hAVIVAn14i A04061100 of NOtaftss BANK FIN:336046-1 000011-134902 C'a ?•.., ? .. x c°- x. , - <:? ??? /T?.,.. '"it °. ? ? ;." -?.... s ?T.?G _ F'?,: : j: j,. °S' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, No. 2008-2208 VS. AFFIDAVIT OF LAST KNOWN ADDRESS JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Filed on behalf of PNC Bank, National Defendants. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION Plaintiff, ) No. 2008-2208 VS. ) JOSHUA A. LOCK, JOANNE LOCK AND ) THE UNITED STATES OF AMERICA, ) Defendants. ) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANT Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and County, personally appeared Brett A. Solomon, Esquire, and Micahel C. Mazack, 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 Defendants is 37 Hillcrest Road, Wormleysburg, PA 17043. TUCKER ARENSBERG, P.C. Brett A. Solomon, Esquire Michael C. Mazack, Esquire Attorneys for Plaintiff PENNSYLVANIA COMMONWEALTTa O S? Kelly J, Mizek, Notary ?ubec City 01 Plttsbutgh, Allegheny ?U My ?mia6or b p!? May 23, 2009 Member. Pennsylvania AgeOCiatlon of Notaries My Commission Expires: BANK FIN:336046-1 000011-134902 c ? ;?; _ C_ : r-? 71 ?'-? .` ,. ? ;` __ . _ w ?.7 ?;- n.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2008-2208 vs. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Joshua D. Lock 37 Hillcrest Road Wormleysburg, PA 17043 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR, JURY ASSEMBLY ROOM ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on March 4, 2009, at 10:00 AM, the following described real estate, of which Joshua D. Lock, Joanne Lock and the United States of America, are the owners or reputed owners: Please see attached description of property. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of: PNC BANK, NATIONAL ASSOCIATION vs. JOSHUA D. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA at Ex. No. 2008-2208 in the amount of $ 183,003.96. 7 date. Claims against property must be filed at the Office of the Sheriff before the above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint in Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. -2- You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for PNC Bank, National Association, Plaintiff BANK_FI N:336046-1 000011-134902 -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2008-2208 VS. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. LEGAL DESCRIPTION OF REAL ESTATE ALL THOSE CERTAIN tracks or plots of ground situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, so wit: LOTS NOS. 36 and 37 on the Revised Plan of Pennsboro manor recorded in the Recorder's Office in and for Cumberland County in Plan Book 3, Page 6. Starting at a point where Lots Nos. 35A, 37 and 38 are commonly joined; thence in a southwesterly direction one hundred seventy (170) feet more or less to the point of intersection with Beach Farm Road; thence in a southwesterly direction along the easterly side of Beach Farm Road to the point of intersection of the easterly side of Beach Farm Road with the north side of South Terrace; thence in an easterly direction along the north side of South Terrace a distance of one hundred sixty (160) feet more or less to the point of intersection with the southeasterly line of Lot 36; thence is a northwesterly direction, a distance of two hundred ninety and three-tenths (290.3) feet more or less along the southwesterly line or Lots 36 and 37; to the point or place of BEGINNING. BEING all of an unplotted area appearing on the Revised Plan of Pennsboro Manor, recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 6. BEGINNING at a point on the westerly side of Hillcrest Road, which is five hundred fifty- three and forty-nine one-hundredths (553.49) feet southwardly from the southwesterly corner of the intersection of Hillcrest Road and Oakwood Drive; thence along the westerly side of said Hillcrest Road, southwardly sixty-two and five-tenths (62.5) feet, more or less, to the northerly line of other lands of the grantees herein; thence along the southerly line of other lands of the grantees herein westwardly, two hundred tern (210) feet more or less, to a point at the easterly side of Lot No. 35-A on the hereinafter mentioned plan of loss; thence along the Easterly side of last said lot, northwardly 62.5 feet, more or less to a point, and thence along the line parallel with the southerly line of the grantors herein, eastwardly 210 feet, more or less, to a point, the place of BEGINNING BEING the southerly one-half of Lot No. 36 on the revised Plan of Pennsboro Manor which Plan is recorded in Plan Book 3 Page 6. -13- AND BEING subject to all rights of way, easements, and restrictions of prior record. HAVING THEREON ERECTED a split level brick and aluminum, dwelling house being known and numbered as 37 Hillcrest Drive Wormleysburg, Pennsylvania BEING THE SAME PREMISES WHICH Brian D. Weese and Elizabeth G. Weese, his wife, by deed dated October 31, 1995 and recorded November 1, 1995 in the Office of the recorder of deeds in and for Cumberland County in Deed Book 130, Page 596, granted and conveyed unto Joshua D. Lock and Joanne Lock, his wife, Grantors herein. --- Brett A. Solomon, Esquire Michael C. Mazack, Esquire -14- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. CIVIL DIVISION No. 2008-2208 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Joanne Lock 37 Hillcrest Road Wormleysburg, PA 17043 TAKE NOTICE that by virtue of the above Writ of Execution issued out of. the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE 4T" FLOOR, JURY ASSEMBLY ROOM ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on March 4, 2009, at 10:00 AM, the following described real estate, of which Joshua D. Lock, Joanne Lock and the United States of America, are the owners or reputed owners: Please see attached description of property. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of: PNC BANK, NATIONAL ASSOCIATION VS. JOSHUA D. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA at Ex. No. 2008-2208 in the amount of $ 183,003.96. -4- L date. Claims against property must be filed at the Office of the Sheriff before the above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint in Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. -5- i' You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for PNC Bank, National Association, Plaintiff BF 319772 -6- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2008-2208 VS. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. LEGAL DESCRIPTION OF REAL ESTATE ALL THOSE CERTAIN tracks or plots of ground situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, so wit: LOTS NOS. 36 and 37 on the Revised Plan of Pennsboro manor recorded in the Recorder's Office in and for Cumberland County in Plan Book 3, Page 6. Starting at a point where Lots Nos. 35A, 37 and 38 are commonly joined; thence in a southwesterly direction one hundred seventy (170) feet more or less to the point of intersection with Beach Farm Road; thence in a southwesterly direction along the easterly side of Beach Farm Road to the point of intersection of the easterly side of Beach Farm Road with the north side of South Terrace; thence in an easterly direction along the north side of South Terrace a distance of one hundred sixty (160) feet more or less to the point of intersection with the southeasterly line of Lot 36; thence is a northwesterly direction, a distance of two hundred ninety and three-tenths (290.3) feet more or less along the southwesterly line or Lots 36 and 37; to the point or place of BEGINNING. BEING all of an unplotted area appearing on the Revised Plan of Pennsboro Manor, recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 6. BEGINNING at a point on the westerly side of Hillcrest Road, which is five hundred fifty- three and forty-nine one-hundredths (553.49) feet southwardly from the southwesterly corner of the intersection of Hillcrest Road and Oakwood Drive; thence along the westerly side of said Hillcrest Road, southwardly sixty-two and five-tenths (62.5) feet, more or less, to the northerly line of other lands of the grantees herein; thence along the southerly line of other lands of the grantees herein westwardly, two hundred tem (210) feet more or less, to a point at the easterly side of Lot No. 35-A on the hereinafter mentioned plan of loss; thence along the Easterly side of last said lot, northwardly 62.5 feet, more or less to a point, and thence along the line parallel with the southerly line of the grantors herein, eastwardly 210 feet, more or less, to a point, the place of BEGINNING BEING the southerly one-half of Lot No. 36 on the revised Plan of Pennsboro Manor which Plan is recorded in Plan Book 3 Page 6. -13- AND BEING subject to all rights of way, easements, and restrictions of prior record. HAVING THEREON ERECTED a split level brick and aluminum, dwelling house being known and numbered as 37 Hillcrest Drive Wormleysburg, Pennsylvania BEING THE SAME PREMISES WHICH Brian D. Weese and Elizabeth G. Weese, his wife, by deed dated October 31, 1995 and recorded November 1, 1995 in the Office of the recorder of deeds in and for Cumberland County in Deed Book 130, Page 596, granted and conveyed unto Joshua D. Lock and Joanne Lock, his wife, Grantors herein. 57 Brett A. Solomon, Esquire Michael C. Mazack, Esquire -14- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2008-2208 vs. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Joshua D. and Joanne Lock c/o Thomas J. Weber, Esquire Goldberg Katzman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE 4T" FLOOR, JURY ASSEMBLY ROOM ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on March 4, 2009, at 10:00 AM, the following described real estate, of which Joshua D. Lock, Joanne Lock and the United States of America, are the owners or reputed owners: Please see attached description of property. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of: PNC BANK, NATIONAL ASSOCIATION VS. JOSHUA D. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA at Ex. No. 2008-2208 in the amount of $ 183,003.96. -7- :. 1 date. Claims against property must be filed at the Office of the Sheriff before the above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint in Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. -8- a ? You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for PNC Bank, National Association, Plaintiff -9- 4. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2008-2208 VS. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. LEGAL DESCRIPTION OF REAL ESTATE ALL THOSE CERTAIN tracks or plots of ground situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, so wit: LOTS NOS. 36 and 37 on the Revised Plan of Pennsboro manor recorded in the Recorder's Office in and for Cumberland County in Plan Book 3, Page 6. Starting at a point where Lots Nos. 35A, 37 and 38 are commonly joined; thence in a southwesterly direction one hundred seventy (170) feet more or less to the point of intersection with Beach Farm Road; thence in a southwesterly direction along the easterly side of Beach Farm Road to the point of intersection of the easterly side of Beach Farm Road with the north side of South Terrace; thence in an easterly direction along the north side of South Terrace a distance of one hundred sixty (160) feet more or less to the point of intersection with the southeasterly line of Lot 36; thence is a northwesterly direction, a distance of two hundred ninety and three-tenths (290.3) feet more or less along the southwesterly line or Lots 36 and 37; to the point or place of BEGINNING. BEING all of an unplotted area appearing on the Revised Plan of Pennsboro Manor, recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 6. BEGINNING at a point on the westerly side of Hillcrest Road, which is five hundred fifty- three and forty-nine one-hundredths (553.49) feet southwardly from the southwesterly corner of the intersection of Hillcrest Road and Oakwood Drive; thence along the westerly side of said Hillcrest Road, southwardly sixty-two and five-tenths (62.5) feet, more or less, to the northerly line of other lands of the grantees herein; thence along the southerly line of other lands of the grantees herein westwardly, two hundred tem (210) feet more or less, to a point at the easterly side of Lot No. 35-A on the hereinafter mentioned plan of loss; thence along the Easterly side of last said lot, northwardly 62.5 feet, more or less to a point, and thence along the line parallel with the southerly line of the grantors herein, eastwardly 210 feet, more or less, to a point, the place of BEGINNING BEING the southerly one-half of Lot No. 36 on the revised Plan of Pennsboro Manor which Plan is recorded in Plan Book 3 Page 6. -13- r ? AND BEING subject to all rights of way, easements, and restrictions of prior record. HAVING THEREON ERECTED a split level brick and aluminum, dwelling house being known and numbered as 37 Hilicrest Drive Wormleysburg, Pennsylvania BEING THE SAME PREMISES WHICH Brian D. Weese and Elizabeth G. Weese, his wife, by deed dated October 31, 1995 and recorded November 1, 1995 in the Office of the recorder of deeds in and for Cumberland County in Deed Book 130, Page 596, granted and conveyed unto Joshua D. Lock and Joanne Lock, his wife, Grantors herein. Brett A. Solomon, Esquire Michael C. Mazack, Esquire -14- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2008-2208 VS. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: The United States of America c/o U.S. Attorney William J. Nealon Fed. Bldg. & Crthse Federal Building and Courthouse 235 N. Washington Avenue, Suite 311 Scranton, PA 18503 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE 4T" FLOOR, JURY ASSEMBLY ROOM ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on March 4, 2009, at 10:00 AM, the following described real estate, of which Joshua D. Lock, Joanne Lock and the United States of America, are the owners or reputed owners: Please see attached description of property. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of: PNC BANK, NATIONAL ASSOCIATION VS. JOSHUA D. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA at Ex. No. 2008-2208 in the amount of $ 183,003.96. -10- date. Claims against property must be filed at the Office of the Sheriff before the above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint in Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. -11- You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for PNC Bank, National Association, Plaintiff -12- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2008-2208 VS. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. LEGAL DESCRIPTION OF REAL ESTATE ALL THOSE CERTAIN tracks or plots of ground situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, so wit: LOTS NOS. 36 and 37 on the Revised Plan of Pennsboro manor recorded in the Recorder's Office in and for Cumberland County in Plan Book 3, Page 6. Starting at a point where Lots Nos. 35A, 37 and 38 are commonly joined; thence in a southwesterly direction one hundred seventy (170) feet more or less to the point of intersection with Beach Farm Road; thence in a southwesterly direction along the easterly side of Beach Farm Road to the point of intersection of the easterly side of Beach Farm Road with the north side of South Terrace; thence in an easterly direction along the north side of South Terrace a distance of one hundred sixty (160) feet more or less to the point of intersection with the southeasterly line of Lot 36; thence is a northwesterly direction, a distance of two hundred ninety and three-tenths (290.3) feet more or less along the southwesterly line or Lots 36 and 37; to the point or place of BEGINNING. BEING all of an unplotted area appearing on the Revised Plan of Pennsboro Manor, recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 6. BEGINNING at a point on the westerly side of Hillcrest Road, which is five hundred fifty- three and forty-nine one-hundredths (553.49) feet southwardly from the southwesterly corner of the intersection of Hillcrest Road and Oakwood Drive; thence along the westerly side of said Hillcrest Road, southwardly sixty-two and five-tenths (62.5) feet, more or less, to the northerly line of other lands of the grantees herein; thence along the southerly line of other lands of the grantees herein westwardly, two hundred tem (210) feet more or less, to a point at the easterly side of Lot No. 35-A on the hereinafter mentioned plan of loss; thence along the Easterly side of last said lot, northwardly 62.5 feet, more or less to a point, and thence along the line parallel with the southerly line of the grantors herein, eastwardly 210 feet, more or less, to a point, the place of BEGINNING BEING the southerly one-half of Lot No. 36 on the revised Plan of Pennsboro Manor which Plan is recorded in Plan Book 3 Page 6. -13- AND BEING subject to all rights of way, easements, and restrictions of prior record. HAVING THEREON ERECTED a split level brick and aluminum, dwelling house being known and numbered as 37 Hillcrest Drive Wormleysburg, Pennsylvania BEING THE SAME PREMISES WHICH Brian D. Weese and Elizabeth G. Weese, his wife, by deed dated October 31, 1995 and recorded November 1, 1995 in the Office of the recorder of deeds in and for Cumberland County in Deed Book 130, Page 596, granted and conveyed unto Joshua D. Lock and Joanne Lock, his wife, Grantors herein. Brett A. Solomon, Esquire Michael C. Mazack, Esquire -14- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2208 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s) From JOSHUA A. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA (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 $164,986.24 L.L. $.50 Interest from 10/18/07 - 3/04/09 at $31.4245 per diem -- $15,806.52 Atty's Comm % Due Prothy $2.00 Arty Paid $233.22 Plaintiff Paid Date: 11/10/08 (Seal) REQUESTING PARTY: Other Costs: Late Charges ($80.10/mo for 11/07 to 2/09) - $1,281.60 Attorney's Fees and Costs - $929.60 C R. Long, Prothonotary By: Deputy Name: MICHAEL C. MAZACK, ESQUIRE Address: TUCKER ARENSBERG, P.C. 1500 ONE PPG PLACE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-566-1212 Supreme Court ID No. 205742 PNC Bank, National Association VS Joshua A. Lock, Joanne Lock and The United States of America In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-2208 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Michael Mazack. Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Levy Surcharge Share of Bills So Answers: 00 ,.t, R. Thomas Kline, Sheriff BY JF `JW Real Estate Sergeant 30.00 537.70 15.00 .50 2.00 13.50 15.00 30.00 15.52 $659.22 ? z ?a 5?0 CA, ??? 3?7 ?'O' CII w, c? Cl- s r c r-. p 0 r LIJ w u t--• ?- ' u- G °^ ? a ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2008-2208 vs. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Joshua D. Lock 37 Hillcrest Road Wormleysburg, PA 17043 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE 4T" FLOOR, JURY ASSEMBLY ROOM ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on March 4, 2009, at 10:00 AM, the following described real estate, of which Joshua D. Lock, Joanne Lock and the United States of America, are the owners or reputed owners: Please see attached description of property. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of: PNC BANK, NATIONAL ASSOCIATION VS. JOSHUA D. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA at Ex. No. 2008-2208 in the amount of $ 183,003.96. date. Claims against property must be filed at the Office of the Sheriff before the above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint in Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. -2- You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for PNC Bank, National Association, Plaintiff BANK_FI N:336046-1 000011-134902 -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2008-2208 vs. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. LEGAL DESCRIPTION OF REAL ESTATE ALL THOSE CERTAIN tracks or plots of ground situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, so wit: LOTS NOS. 36 and 37 on the Revised Plan of Pennsboro manor recorded in the Recorder's Office in and for Cumberland County in Plan Book 3, Page 6. Starting at a point where Lots Nos. 35A, 37 and 38 are commonly joined; thence in a southwesterly direction one hundred seventy (170) feet more or less to the point of intersection with Beach Farm Road; thence in a southwesterly direction along the easterly side of Beach Farm Road to the point of intersection of the easterly side of Beach Farm Road with the north side of South Terrace; thence in an easterly direction along the north side of South Terrace a distance of one hundred sixty (160) feet more or less to the point of intersection with the southeasterly line of Lot 36; thence is a northwesterly direction, a distance of two hundred ninety and three-tenths (290.3) feet more or less along the southwesterly line or Lots 36 and 37; to the point or place of BEGINNING. BEING all of an unplotted area appearing on the Revised Plan of Pennsboro Manor, recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 6. BEGINNING at a point on the westerly side of Hillcrest Road, which is five hundred fifty- three and forty-nine one-hundredths (553.49) feet southwardly from the southwesterly corner of the intersection of Hillcrest Road and Oakwood Drive; thence along the westerly side of said Hillcrest Road, southwardly sixty-two and five-tenths (62.5) feet, more or less, to the northerly line of other lands of the grantees herein; thence along the southerly line of other lands of the grantees herein westwardly, two hundred tem (210) feet more or less, to a point at the easterly side of Lot No. 35-A on the hereinafter mentioned plan of loss; thence along the Easterly side of last said lot, northwardly 62.5 feet, more or less to a point, and thence along the line parallel with the southerly line of the grantors herein, eastwardly 210 feet, more or less, to a point, the place of BEGINNING BEING the southerly one-half of Lot No. 36 on the revised Plan of Pennsboro Manor which Plan is recorded in Plan Book 3 Page 6. -13- •, AND BEING subject to all rights of way, easements, and restrictions of prior record. HAVING THEREON ERECTED a split level brick and aluminum, dwelling house being known and numbered as 37 Hillcrest Drive Wormleysburg, Pennsylvania BEING THE SAME PREMISES WHICH Brian D. Weese and Elizabeth G. Weese, his wife, by deed dated October 31, 1995 and recorded November 1, 1995 in the Office of the recorder of deeds in and for Cumberland County in Deed Book 130, Page 596, granted and conveyed unto Joshua D. Lock and Joanne Lock, his wife, Grantors herein. Brett A. Solomon, Esquire Michael C. Mazack, Esquire -14- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2008-2208 VS. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Joanne Lock 37 Hillcrest Road Wormleysburg, PA 17043 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE e FLOOR, JURY ASSEMBLY ROOM ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on March 4, 2009, at 10:00 AM, the following described real estate, of which Joshua D. Lock, Joanne Lock and the United States of America, are the owners or reputed owners: Please see attached description of property. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of: PNC BANK, NATIONAL ASSOCIATION VS. JOSHUA D. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA at Ex. No. 2008-2208 in the amount of $ 183,003.96. -4- date. Claims against property must be filed at the Office of the Sheriff before the above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint in Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. -5- You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for PNC Bank, National Association, Plaintiff BF 319772 -6- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2008-2208 VS. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants. LEGAL DESCRIPTION OF REAL ESTATE ALL THOSE CERTAIN tracks or plots of ground situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, so wit: LOTS NOS. 36 and 37 on the Revised Plan of Pennsboro manor recorded in the Recorder's Office in and for Cumberland County in Plan Book 3, Page 6. Starting at a point where Lots Nos. 35A, 37 and 38 are commonly joined; thence in a southwesterly direction one hundred seventy (170) feet more or less to the point of intersection with Beach Farm Road; thence in a southwesterly direction along the easterly side of Beach Farm Road to the point of intersection of the easterly side of Beach Farm Road with the north side of South Terrace; thence in an easterly direction along the north side of South Terrace a distance of one hundred sixty (160) feet more or less to the point of intersection with the southeasterly line of Lot 36; thence is a northwesterly direction, a distance of two hundred ninety and three-tenths (290.3) feet more or less along the southwesterly line or Lots 36 and 37; to the point or place of BEGINNING. BEING all of an unplotted area appearing on the Revised Plan of Pennsboro Manor, recorded in the Cumberland County Recorder's Office in Plan Book 3, Page 6. BEGINNING at a point on the westerly side of Hillcrest Road, which is five hundred fifty- three and forty-nine one-hundredths (553.49) feet southwardly from the southwesterly corner of the intersection of Hillcrest Road and Oakwood Drive; thence along the westerly side of said Hillcrest Road, southwardly sixty-two and five-tenths (62.5) feet, more or less, to the northerly line of other lands of the grantees herein; thence along the southerly line of other lands of the grantees herein westwardly, two hundred tem (210) feet more or less, to a point at the easterly side of Lot No. 35-A on the hereinafter mentioned plan of loss; thence along the Easterly side of last said lot, nouhwardly 62.5 feet, more or less to a point, and thence along the line parallel with the southerly line of the grantors herein, eastwardly 210 feet, more or less, to a point, the place of BEGINNING BEING the southerly one-half of Lot No. 36 on the revised Plan of Pennsboro Manor which Plan is recorded in Plan Book 3 Page 6. -13- AND BEING subject to all rights of way, easements, and restrictions of prior record. HAVING THEREON ERECTED a split level brick and aluminum, dwelling house being known and numbered as 37 Hillcrest Drive Wormleysburg, Pennsylvania BEING THE SAME PREMISES WHICH Brian D. Weese and Elizabeth G. Weese, his wife, by deed dated October 31, 1995 and recorded November 1, 1995 in the Office of the recorder of deeds in and for Cumberland County in Deed Book 130, Page 596, granted and conveyed unto Joshua D. Lock and Joanne Lock, his wife, Grantors herein. Brett A. Solomon, Esquire Michael C. Mazack, Esquire -14- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, No. 2008-2208 VS. AFFIDAVIT PURSUANT TO PA. R.C.P. 3129.1 JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Filed on behalf of PNC Bank, National Defendants. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 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 PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. JOSHUA A. LOCK, JOANNE LOCK AND THE UNITED STATES OF AMERICA, Defendants CIVIL DIVISION No. 2008-2208 AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 PNC Bank, National Association, Plaintiff in the above action, by its attorneys, Tucker Arensberg, P.C., set forth as of the date of the Praecipe for Writ of Execution was filed the following information concerning the real property located in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania: Name and address of the Owner or Reputed Owner: 2 3. JOSHUA D. LOCK JOANNE LOCK 37 Hillcrest Road Wormleysburg, PA 17043 Name and address of Defendants in the judgment: JOSHUA D. LOCK JOANNE LOCK 37 Hillcrest Road Wormleysburg, PA 17043 THE UNITED STATES OF AMERICA c/o U.S. Attorney William J. Nealon Fed. Bldg. & Crthse 235 N. Washington Avenue, Suite 311 Scranton, PA 18503 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC BANK, NATIONAL ASSOCIATION c% Brett A. Solomon, Esquire Michael C. Mazack, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 THE UNITED STATES INTERNAL REVENUE SERVICE 228 Walnut Street Harrisburg, PA 17108 4. Name and address of last recorded holder of every mortgage of record: PNC BANK, NATIONAL ASSOCIATION 5. 6. 7. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS DECISION ONE MORTGAGE COMPANY, LLC c% Brett A. Solomon, Esquire Michael C. Mazack, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 152225 P.O. Box 2026 Flint, MI 48501 6060 J.A. Jones Drive, Suite 1000 Charlotte, NC 28287 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: CUMBERLAND COUNTY TREASURER 1 Courthouse Square Carlisle, PA 17013 CUMBERLAND COUNTY TAX CLAIM BUREAU BOROUGH OF WORMLEYSBURG TAX COLLECTOR SHIPPENSBURG AREA SCHOOL DISTRICT COMMONWEALTH OF PA DEPARTMENT OF REVENUE 1 Courthouse Square Carlisle, PA 17013 c% Vivian F. Coy 200 Airport Road Shippensburg, PA 17257 c/o Tax Collector 317 N Morris St. Shippensburg, PA 17257 P.O. Box 2675 Harrisburg, PA 17105 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 P.O. Box 320 DOMESTIC RELATIONS OFFICE Carlisle, Pennsylvania 17013 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. -2- 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: ;?-/0 ? By: Brett A. Solomon, Esquire Michael C. Mazack, Esquire Sworn and subscribed afore a Attorneys for Plaintiff this c-J day o(n , 2008. Notarial Sea! \ Kelly J. Mizak, Notary Public in Expires: City Of Pittsburgh, Allegheny County 1000011-134902 My Commission Expires May 23, 2009 Member, Pennsylvania Association of NotarieR -3- WRIT OF EXECUTION and/or ATTACHMENT 1 COMMONWEALTH OF PENNSYLVANIA) NO 08-2208 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s) From JOSHUA A. LOCK, JOANNE LOCK and THE UNITED STATES OF AMERICA (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 $164,986.24 L.L. $.50 Interest from 10/18/07 - 3/04/09 at $31.4245 per diem -- $15,806.52 Atty's Comm % Due Prothy $2.00 Atty Paid $233.22 Plaintiff Paid Date: 11/10/08 (Seal) REQUESTING PARTY: Other Costs: Late Charges ($80.10/mo for 11/07 to 2/09) - $1,281.60 Attorney's Fees and Costs - $929.60 Cu ' R. Long, Prothono ar} By: Deputy Name: MICHAEL C. MAZACK, ESQUIRE Address: TUCKER ARENSBERG, P.C. 1500 ONE PPG PLACE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-566-1212 Supreme Court ID No. 205742 Real Estate Sale #48 On November 19, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA Known and numbered as 37 Hillcrest Drive, Wormleysburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 19, 2008 ZZ :£ d Z I AON 8001 By: ?D C Real Estate Sergeant AA183HS 3H 0 ??! ? ?