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HomeMy WebLinkAbout09-5359IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, V. BRIAN R. THATCHER and LAURA S. THATCHER, Defendants. TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ?TTJl Ib VA4.ft - ATTORNEYS FOR PLAINTIFF I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 7255 Baymeadows Way Jacksonville, FL 32256 AND THE DEFENDANT ARE: 14 West Dulles Drive Camp Hill, PA 17011 WELT<MA?N,W?EINBERG & REIS CO., L.P.A. BY: ATTORNEYS FOR PLAINTIFF I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 14 West Dulles Drive Camp Hill, PA 17011 Twp of East Pennsboro WELTMAAN,,W?EINBERG & REIS CO., L.P.A. BY: trf zW m0-' ATTORNEYS FOR PLAINTIFF NO. f JQ - 5357 ajyj( (IP. k ISSUE NO.: CODE: TYPE OF PLEADING: COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Patrick Thomas Woodman, Esquire Pa. I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#07629544 FRO' RECOE-1 Ti%* i w , 1h e M) Set my haA Id's mill of scald rt Cafk.01 N i? ''- JI "o L" ,n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, V. BRIAN R. THATCHER and LAURA S. THATCHER, Defendants. NO: NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, V. NO: ?9 S3s l vv?l BRIAN R. THATCHER and LAURA S. THATCHER, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff is PNC Bank, N.A., a lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter `Plaintiff'). 2. The Defendants are Brian R. Thatcher and Laura S. Thatcher, adult individuals whose last known address is 14 West Dulles Drive, Camp Hill, PA 17011. 3. On or about September 29, 1993, the Defendants executed a Note in the original principal amount of $65,600.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about September 29, 1993, as security for payment of the aforesaid Note, the Defendants made, executed and delivered to PNC Bank, N.A., a Mortgage in the original principal amount of $65,600.00 on the premises located at 14 West Dulles Drive, Camp Hill, PA 17011, hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on October 1, 1993 in Mortgage Book Volume 1167, Page 974. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. The Defendants are the current record and real owners of the aforesaid mortgaged premises. 6. The Defendants are in default under the terms of the aforesaid Note and Mortgage. 7. Demand for payment has been made upon the Defendants by Plaintiff, but Defendants were unable to pay the principal balance, interest or any other portion thereof to Plaintiff. 8. On or about May 21, 2009, Defendants were mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et seq. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 48,836.69 Interest thru 7/1/09 $ 1,587.18 Late Charge thru 7/1/09 $ 171.84 Total Fees thru 7/1/09 $ 37.00 Other Fees due thru 7/1/09 $ 56.20 Recoverable Balance thru 7/1/09 $ 1,864.42 Execution Costs thru 7/1/09 $ 0.00 Attorneys' Fees thru 7/1/09 $ 1,300.00 Title Search thru 7/1/09 $ 175.00 TOTAL $ 54,028.33 10. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged 11. Contemporaneously hereunder, Defendants have been advised of their right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit "C" and made a part hereof. WHEREFORE, Plaintiff demands judgment, in rem only, in Mortgage Foreclosure, for the amount due of $54,028.33, with interest thereon at the rate of $8.70 per diem from July 1, 2009, plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS CO., L.P.A. Patrick Thomas Woodman, Esquire Pa. I.D. #34507 Attorneys for Plaintiff 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 NOTE SEPTEMBER 29 , 19 93 Caw f p Bill PenasplvasrLa [city) iSotal } 14 N Dallas Drive Camp Sill, PA 17011 " .;s,O, «i; IP+opcnyAdd,eul Z_J 7LI .1. BORROWER'S PROMISE TO PAY ? ? . In return for a loan that I have received. I promise to ; pay U.S. S 65600.00 (ells amount is•calial' "prirtciyat'?, Plus interest, m the. order of the L?crtr. The Lender is ?"; PNC Bank, National Association ';i` r ?,• . ] lntder'$tarYt.= T= that the Loader may transfer thi, Note. The Lender or anyone who takes this Note by transfer and who is entitled to rmive.; 113ymentit rtdrr this Note is called the "Nc11e Holder.' 2" INdTF.RFS1• Interest will he charged cn un pair' ` tote of 0 d ' X' • ipal until the full amount of principal has been paid. 1 will pay lntcrcxt at it ycaily, ` The irtteerest rate required by this Section 2 is the rate i will pay both before and after any default describe in Section ! t 6(8) of this NOW S S. PAYMENTS t; (A) Time and Place or Pa ent% I will pay principal and inexcst by making payment, every wnth. ;i I will make my monthly Payment, on the 1sT jy,::•., .; day of each month beginning on NOVEMBER 01, 19 93 , I will make these payments. every month until I have paid all of the principal and intcrcn and any other charges.:j`•': destaibai below that 1 may owe under Chia Nate Any monthly payment, will be applied to interest bef(Im principal. If, orl OCTOBER Olt. 2023 1 still owe amounts under thk Now. i will ply those amounts in full On that date, which is called the "Maturity Date.' I will make my monthly payment, at PNC Sank, National Association >,>'•::::- 4742 Carlisle Pike `?;;'•,; Camp Bill, PA 17011 or at a different place if required by the Nate Hohicr, (B) Am•.unt of Monthly Payments t*' " My mrinthdy payment will he in the amount of U.S. S 414.64 4. BORROWER'S RIGHT TO PRF,PAY i t I have the r.gh principal ' •. t to make payment, of principal at any time before they arc due. A payment of only is known ai a *preppayment When i make a prepayment, I will tell the N(Ac Holder in writing that i am doing so, ?;' x 1 may make a full pncimyment or par+itl prepayment, without payint; any prepayment c•harre. The Note Holdcr wild tsc GSi? all of m a 'memo to rrducr the amount of pnacipal that i owe under this Note. If t make a I, irti a prcllar.nent. there writ {s' ' be no change, in the due date n• in tic amount Gf my monthly payment urihii,a the Now lh,ldrr aQrer: in wri!ing to dinez Changes. r °j3 O CHARGE. If a law, which applies to dtiq la.-in and which xts maxsuum loan ch:ugc<, is finally •nwrpetc,l cep that the interest or citha uteri charge, collected or !o be collected in connection with tl:ic loan exceed the IR:tnlitted hnut,, then. (i+ any such kaan dirge shall be tedocod by the amount neccSsary to reduce die chary!e to the p.•musred limit, and (ii) any sums alrr,ltdy -;- f r collected floor me which exceeded permitted limit, will he refunded up we. The Mote Holder may clwxise to m•1ke this refund r by reducing the principal I owe tinder this Notc or by making a direct paymctn to one. If a refund reduces principal, the . =k :. . redaction will be tre3k--tt at a inrti ti prepay.ncmt 6. BORROWER'S FAILURE'. TO PAY AS REQUIRED :•'?' (A) Fate CharXe fir Overdue Payment, If the Note Holder has wit received die full arrwrtint of an onde i any m )' payment by ' the end of 15 ralCMtar ::.?; days after the date it b: due, ! will pay a laic charge to the Note Holder. T1ae amount of the charge u ill be 5.00 pk of my overdue payment Of principal and interact i will pay this L•1tc cliuge promptly but only once on each kite payment. :t` ; • (11) Default :•?-si ` 11 1 do not pay she full anuwnl (If each mundtl)• payment on the date it is due, I will be in default. (C) lSOtice of Default w If I am in default, the Note Holder may send me a written noticr telling rite thud if I do not 11av the overdue anwaunt by a !YS' certain slate, the Note holder may require me to pay unmuliatcly the full aninnnt of principal which has not been paid and all '.: ?' ?t the interest that i owe an that amount That date must be at (cast 10 days after the date on which the notice is delivered or ^" ma70d tom (D) No Waiver Sy Note Holder Even if, at a time when 1 am in oefault, the Note Holder does not rcyu:ro me to pay immediately in full a, described atbove, doe Note Holder will still have the right to do so if l am in default at a I;dter time. (E) Payment of Note Holder's Cost, and Expenses If d1-- Now Holder has required the to pay immediately on full as de.,crilsed above, the Note holder will have the right := -.: • -be paid back by me for all of it, cove, acid expenses in enforcing this Note u1 the extent oat prahil>ited by apphc;,bte law., " d t1. " , ••, . - Tiaase expenas include, for example, reasonable aaame-, fee. . 7. C1YihiG OF NOTICES Unless applicable (aw requires a different mended, any notice that nest he given to ,ne under this trots. will be given by delivering it or by smiling it by first etas, mail to nix at the F'mperty Address ;.hove or it a different adhlrmm if I give der. Mote i ', '- ..... Holder a notice of my different address, .;' Any notice that must be giv'est to the Note Holder under this Note will :,c given by mailing it by first class mail to s<`te F} Note Holder at the address stSted in Setticln 3(A) above or it a different address if 1 am given a notice of drat differrnt' address, MULTISTATE F,f FOAATF WGTF•S1wp4 r.-II,. F"A1rWt YCVMrORY1M1rRVVf Mr Fern flRO 1l.SF ,_^1 :J •3A tnostop VVPY ou;:p. /,oa- p L OAT6Aff FORMS- ?- t DOU:!{•)7f, mRM,f" 1 ! Uri it" pt i.6iLICATIONS OF PERSO jNDR.R TATS N(YrE 'If mono than one per= signs this Note, each person is fully and personally t>rli rod to keel, add of tt e x F r.? M Note. incltdinthe P(Omise 10 g'' prortt'? made Ih'; n?„'r b N ObRgttled to d0 these mg AY the full amount owed. I.ny person who is a guarantor, Surety or endorse-f of this Now; r.?. ,s> Arty person who takes over then obligations. including the obligations of a gu:uaigaK , ,r,? at ,steely or a KWw of this Note, is also obligv?rd tc k-xii all of dw promises made in this Note. The Note Haider ert tray fo :?. i? sights tender this Note against each person individually or against all of us wgct'tcr. This meats that any one of us maybe: i is u; ...., "`'''regtrined to pay a.l of the amounts owed ends this N,)t::. trx Z '! WARMS and any otter person who has obligations under thi. Now waive the rights of presmmenl and notice of dishonor,.': tsrterrt" measrs the right to require the Notre flokkr to danand payment of amounts due. "Notice of d;shmx" means the right to requh the Note Holder to give notice to other persons that amounts due have not been paid. l0. UMFORM SF,CIRtFb NOTE - ' w Ibis Note is a uniform insUumenl with limited variations in some juriMictions. In addition to duo prorcctions given to the: : , Noce Holder under this Note, a Mortgage. r). d of Trust or Security Deed (the "Security lnstrurnCnt"), dated the Saute date fhif Nate, protects the Note Molder from ble Incas which might result if 1 do trot keep the promises which r retake in oJ$ :t-, Note. That Security Instrument describes how and under what conditions 1 may be y required to make immediate payment in frill of all amounts I owe under this Note. Sonic of those conditions arc doxarrihed as follows: 'T'r'ansfer of the Property or a Beneficial Interest !a Rnrrmver. if all or an of the Prnrcny 41 Interest in it is sold or transferred (or if a hencrictal interest in Borrower is sold or innsf red and Borrower isrtint a natural person)-without Lender's prim written consent, bander may. at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be cxrr'iscd by Laider if exercise is prohtbite l by fcdc;,sl law as of the date of this Security Instrument. If Lender exercises this option, ).ender shall give Borrower notice of acceleration. The notice shall provide a period of not Iess than 30 days from the date the notice is deliverer( or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrowa JIM% to pay th= sums prior to the expiration of this per! rxl, Lender may invoke any remedies permitted by this Security Instrument without further -notice or demand on i3orrowcr. WrMT-SS *ME HAND(S) AND SF.AL,'S) OF Tdf -' VNDr.RSIG'N'I;D. Brian R ?hatcher SSN: ? •.:? r Laura S Thatcher R,,roeer SSN: ?? SSN: •H,vrowtr -- --- -- -- ,.(Scat) S$N: •ir.,rroer (Sien Original Only) :1. ': P"w- * lvqzw,-? '93 OCT 1 Pal 3 09 I*- Above This Lam For Reeoldtna Dap] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on SEPTEMBER 29, 1993 The mortgagor is Brian R Thatcher AND Laura S Thatcher , HUSBAND AND WIPE J ("Borrower"). This Security Instrument is given to PNC Bank, Hational Association which is organized and existing under the laws of The United States of America and whose addMa is 651 East Park Drive Springereek Bus. Ctr. Harrisburg, PA 17111 CLender"). Borrower owes Lender the principal sum of SIXTY FIVE THOUSAND SIX HOHDREp AND 00/100 Dollars (U.S This debt is evidenced by Borrower's note dated the same date as this S $ 65 ). payments, with the full debt, if not paid earlier, due and payable on October Security Instrument (Note?, which provides s for for Security 01, 2023 .This Secnaity Instrument secures to L.ender: (a) the mpaymett of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Not; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument: and (c) the perfomrance of Bomowees covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lander the following described property located in East Pennsboro Township, Cumberland County, Pennsylvania SEE LEGAL DESCRIPTION ATTACHED HBRSTO AND MADE A PA& HEREOF a l which has the address of 14 W Dulles Drive, Camp Hill Pennsylvania 17011 ("Properly Address'): PENNSYLVANIA- Single Family -FNMAIFHLMC UNIFORM INSTRUMENT b -aR(PA) (9212) Form 3039 9190 VMP MORTOAQE FORMS - (313)29&8190 • (A Sam' O' 91 Pager 1 of 8 1W.: BOOK1167 PAGE 914 tsucrA. city]. i TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the tide to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-nmiform covenants with limited variations by jurisdiction to constitm a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and tine charges due under the Note. L Funds for Tana and Inst ragee. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for. (a) yearly taxes and assessments which may attain priority ova finis Security Instrument as a )lea on the Property: (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premium (d) yearly flood hisurance peen ems, if any; (e) yearly mortgage insuarce prudems, if any; and (f) my sums payable, by Borrower to Lender, in accordance with the provisions of paragraph 8, in Lieu of the payment of mortgage insurance premiums. These items are called "Escrow Ii ans." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a kinder for a federally related mortgage ban may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount Lender may estimate the amount of Funds due on the basis of current dam and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Fronds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal ]Tome Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However. Lender may require Borrower to pay a once-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Furls, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Furls are pledged as additional security for all sums secured by this Security Instrument If the Funds held by Lender exceed the amounts permitted to be. held by applicable law, Lender shall account to Borrower for the excess Furls in accordance with the requirements of applicable law. If the amount of the Furls told by Lender at any time is not sufficient to pay the Escrow Items when due. lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up due deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all suns secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21. Lender shall acquire or sell the Property. Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender a the time of acquisition or sale as a credit against the sums secured by this Security Instrument 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due order the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fares and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay then on time directly to the person owed payment Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly. Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower Shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manna acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lieu: or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any pant of the Property is subject to a lien which may attain priority over this Security InstiDment, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. Form 3039 9190 tat •6R(PA)i9212) Papa 2 We inure. SST aooK 116 7 PACE 975 S. Hazard or Property Insurance Borrower shall keep the improvements now existing or hereafter erected on the property insured agafor inst loss by fire, hazards included within the tam "extended coverage" and any other flooding. ? which requites insurance. 'this insurance shall be maintained in the amounts and hazards, including floods or f periods gm Leader requires' be ernes'' insurance cairler providing the insurance shall be chosen by Borrower subject to Under's approval which shall not coverage unreasonably whLender's rights in ft Property hhekL If Borrower ferry to maintain coverage described above, Lender may, at Lender's option, obtain in accordance with All insurance policies and renewals shall be "table to Leader and shall include paragraph 7. have the right to hold the policies and renewals. Leader requires, Borrower shed a sketched Se clause Under shalt Perms and renewal notices. In the event of loss, Borrower shall give promptly San to Lender all mxpft of paid MY make proof of foss if not made promptly by Bomawer. prompt notice to due i nsttratnox carrier and Lender. Lends Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to resionsucat or repair of the Property damaged, if the restoration Or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the suns secured by this Security Instrument, whether Or not then due, with any excess paid to Borrower. If Borrower abandons the Property. or does not answer within 30 days a notice from Leander that the insurance carrier has offered to settle a claim, then Lender may collect the Insuran oe Proceeds. Leader may use the proceeds m repair or restore the y given. to pay sums secured by this Security Instrument, whether or not then due. Tim 30-day period will begin when the mom Prop or Unless Lender and Borrower otherwise agree in writing, any application of the due date of the monthly payments referred to in paragraphs 1 and 2 or proceeds to 1 shall not extend r postpone 21 the Property is acquired by Lender, Borrower's change the amount of the payments. If index paragraph Property Prior to the right to any insurance policies and proceeds resulting from damage to the prior in acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal reside= within six of this Security Instrummut and shall continue to occupy the Property as Borrower's principal residence h' for at days least: the a ar t on date of occupancy, unless Lender otherwise east one year after the agrees in writing, which consent shall not be unreasonably withhdel, or uNess extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the property, allow the Property a demnoraw, or commit waste on the Property. Borrower shall be in default ff any forfeiture action or Ding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest Borrower may care such a default and reinstate, as provided in paragraph 18, by causing the action or Proceeding Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or to be dismissed wmaterial ith a impng that, in airment of the lien created by this Security Instrument or Lender's security interest Borrower shall also be in defa?if Borrower the loan application process, gave materially false or inaccurate information or statements to Leader (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residetim If this Sec shall comply with all the provisions of the lease. If Borrower acquires fee title to the ? Instrument is ofld a leasehold, Borrower not merge unless Leader Property, the easeh and the fee title shall agues to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in agreements contained in the Property (such as a Proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender pay for whatever is necessary to protect the value of the may do and Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in tour, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Larder does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument Unless Borrower and Leader agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Leander to Borrower requesting S. Mortgage Instrument, Borrower shall . If Lauder required mortgage insurance as a condition of making the loan secured lby this Security pay the premiums requited to maintain the mortgage mstuarm in effect If, for an reason, the mortgage insurance coverage required by Leader lapses or ceases to be in efface, Borrower shall any obtain coverage substantially equivalent to the a insurance previously ley the premiums requited to cost to Borrower of the mortgage insurance previously in effert, from an ? m alternate effect, mortgage agage cost insures substantially equivalent a the substantially equivalent previousl approved by Lenora. If one-twelfth of the mortgage insump coverage is not available, Borrower shall pay to Lender each month a an equal to yearly mortgage insurance premium being paid by Borrower when the m=ane coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve -6R(PA)d6212) Form 3039 9/9n Page 3 of 6 inauxAri? BOOK 116 % FACE 06 Payments may no longer be required, at the option of Lauder, if mortgage insurance coverage (m the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requiremxat for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Leader. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or riot then due, with any excess paid to Borrower. In the, event of a partial taldrtg of the property in which the fair market value of the Property m nreduddy before the taking a equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Leader otherwise agree in writing, the sans secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shalt be paid to Be==. In the evenrof a partial taking of the Property in which the fair market value of the Props" immediately before the taking is less than. the amount of the sums soared immof'+aWy before tine taking. unless Borrower and Lander otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or p6stpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sons secured by this Security Instrument granted by Lander to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waive of or preclude the exercise of any right or remedy. It Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lander and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the tams of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard o the terms of this Security Instrument or the Note without that Borrower's consent 13. Loan Changes, If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then (a) any such ban charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Noftes. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by rust class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any node to Laude shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be donned to have been given to Borrower or Lander when given as provided in this paragraph. 1S. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instntment or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. Form 3039 9190 ®a •enIPAltazizn ?age 4 or s lMNalst -5 T BOOKIM PACE 977 IL Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument 17. Transfer of the Propeerrttyy or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written conseaL Lender may, at its optittm, require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument If Lender exercises this open, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days froth the date the nonce is delivered or mailed within which Borrower must pay all sums secured by this Security Inttrumeat If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower mects certain conditions, Borrower shall have the right to have entonoea?ent of this Security Insuwroent discontinued at any dme prior to the earlier of: (a) 5 days (or such otter period as applicable ' may ?p fy for reinsmtaneat) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) Bury of a judgment enforcing this Security Instrument Those conclitom: are that Borrower (a) pays Leader all sums which then would be due under this Security Instrument and the Note as if no acceleration had ocxured; (b) ants any def rah of any other covenants or agreements; (c) pays all expanses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) tales such action as L tender may reasonably require to same that the lien of this Security Instrument, auk 's rights in the Property and Borrower's obligation to pay the surer secured by this Security instrument unchanged. Upon remsnternent by Borrower, this Security Instrument and the secured hereby shall remain fully effective as if no acodua sou had occurred. However, this right to resistant Shan not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Stryker. The Note or a partial interest in the Note. (together with this Security instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (iaown as the "Loan Servic er') that collects monthly payments due under due Now and this Security Instrument. Them also may be one or more changes of the Loan Sevicer ammum to a sale of the Note. If tore is a change of the Luau Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state die mane and address of the new Loan Servicer and the address to which payments should be made. The notice win also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Fsnvironrnental Law. The preceding two sentences shall not apply to the presence, use, or smragd on the Property of small quanutes of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any govern h'' mental or erng?ulatory Yea or aerate 1?Y involving the Property and any Hazardous Substance or Environmental Law of wh actual Imowtaga If Borrower Items, or is notified by any governmental or regulatory authority, that any removal or other renediaton of any Hazardous Substance effecting the Property is necessary, Borrower shall promptly take all necessary ranodial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances' are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Leader shall notify Borrower of, among other things: (a) the default; (b) the action required to care the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Leader shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cored as specified, Lender, at its option, may require immediate payment in full of an sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect an expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, duffs Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower also pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and relesses any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. Form se39 9190 aim -SR(PA)(9212) Page 5 Ct 6 Intllah: Gar BOOMG*7 PAGE `.3 ?8 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale purwaat to this Security Instrument. 25. Purchase Mom MortgsV- If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgement. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Rides to this Security InstrtrmemL If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shin amend and supplement the covenants sad agreements of this Security Instruments as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ? Adjustable Rate Rider ? Graduated Payment Rider ? Balloon Rider ? V.A. Rider ? Condominium Rider ? planned Unit Development Rider ? Rate Improvement Rider ? Other(s) Ispecify1 ? 1-4 Family Rider ? Biweekly Payment Rid. ? Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and oovocaou contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: 4 Lk ?J L.j t? {Seal) Sian Ratcher Borrower (SW) YLA S Thatcher -Borrower (seal) -Borrower (seal) -Borrower Certificate of Residence I, Susan Hall ,do hereby certify that the correct address of the within-named Mortgagee is 651 E Park Drive, Harrisburg, PA 17111 Witness my hand this 29th day of September 1993 i Agera of Mortgagee COMMONWEALTH OF PENNSYLVANIA, Cumberland County ssr Ou this, the 29th day of September , 1993 , before me, the undersigned officer, personally appeared Brian R. Thatcher and Laura S. Thatcher person 5 whose name g known to me (or satisfactorily proven) to be the wbscrbed to the within instrument and acimowledged that they executed the same for the purposes herein contained. IN WrrNESS WHEREOF, I horn nto set my hand and official seal. My Commission Expires: 17 + Notary Public We of oltieer Pere 6 of 6 BOOK 116 ! PAGE 9 PNCMC-IWGR6PA Rev. 2M File Number: 930307 SCHEDULE - CONTINUED ALL THAT CERTAIN piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southerly line of an existing concrete walk adjacent to the southerly line of Dulles Drive, which point is at the dividing line between Lots No.s•2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along the southerly line of said existing concrete walk South 60 degrees 00 minutes West a distance of 37.5 feet to a point at the dividing line between Lots Nos. 2-E and 2-Fon said Plan; thence along said dividing line South 30 degrees 00 minutes East a distance of 120 feet through the common wall of a dwelling house to a point along land now or formerly of East Pennsboro Township Board of Education; thence along said land North 60 degrees 00 minutes East a distance of 37.5 feet to a point, said point being at the dividing line between Lots Nos. 2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along said dividing line North 30 degrees 00 minutes West a distance of 120 feet to a point, the place of Beginning. BEING Lot No. 2-F on the Resubdivision Plan: Plan No. 12 Ridley Park; as prepared by D. P. Raffensperger Associates, Engineers and Surveyors, Camp Hill, PA dated March 17, 1977 and recorded in Plan Book 30, page 63. BEING known as No. 14 Dulles Drive, West. BEING the same premises which Brian R. Thatcher and Laura S. Thatcher, the Mortgagors herein, by deed from Jon Simpson and Sharon L. Whipkey to be recorded in the Recorder of Deeds Office in and for Cumberland County. w..?x'lcl6rtOV"bl?"t'r4t?. C'.. L ^s1 SS Axa 74 ??le:atr?_e V't-j fee 1 F ?4 _J_ -.t??; N? ?put1 .s ..: ' • ; _ : u Page rv?«•'r : . dqK of fiuc0rd dr BOOK11671 PAGE 080 FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within a 30-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. C VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is 727se 2? 11 -t j Ce jl'cs r,4e T- , of PNC BANK, N.A. , plaintiff (TITLE) (COMPANY) herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. W" Dat ignature) Thatcher - 07629544 Property: 14 West Dulles Drive, Camp Hill, PA 17011 FI{ ED- ,ter JI; ti, *?8. 5o P6 jOTrq ctl* t$')47 o7 Sheriffs Office of Cumberland County R Thomas Kline F??} (,_.; ='= 4 Sheriff at ir1rrbrrl T? i° r # "`e{ Ronny R Anderson 44o Chief Deputy 2009 AUG -6 Atj' 9: 29 r- Jody S Smith Civil Process Sergeant OFPCE .? rrE s?E?zi?r CU r - Edward L Schorpp Solicitor PNC Bank vs. Brian R. Thatcher Case Number 2009-5359 SHERIFF'S RETURN OF SERVICE 08/03/2009 08:32 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on August 3, 2009 at 2032 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brian R. Thatcher, by making known unto himself personally, defendant at 14 Dulles Drive West Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/03/2009 08:32 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on August 3, 2009 at 2032 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Laura S. Thatcher, by making known unto Brian Thatcher, husband of defendant at 14 Dulles Drive West Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $57.50 August 04, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff 40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, V. BRIAN R. THATCHER and LAURA S. THATCHER, Defendants. NO: 09-5359 civil PRAECIPE FOR DEFAULT JUDGMENT (IN REM) I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 7255 Baymeadows Way Jacksonville, FL 32256 Patrick Thomas Woodman, Esquire PA I.D. NO. 34507 AND THE DEFENDANT IS: 14 Dulles Drive, West Camp Hill, PA 17011 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: 771-kp oc"M ATTORNEYS FOR PLAINTIFF Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 7t' Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#07629544 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, V. NO: 09-5359 civil BRIAN R. THATCHER and LAURA S. THATCHER, Defendants. PRAECIPE FOR DEFAULT JUDGMENT (IN REM) TO THE PROTHONOTARY: Kindly enter Judgment against the Defendants above named, in the default of an Answer, in the amount of $54,646.03 computed as follows: Principal $ 48,836.69 Interest thru 9/10/09 $ 2,204.88 at the legal interest rate of $8.70 per diem Late Charge thru 9/10/09 $ 171.84 Total Fees thru 9/10/09 $ 37.00 Other Fees due thru 9/10/09 $ 56.20 Recoverable Balance thru 9/10/09 $ 1,864.42 Execution Costs thru 9/10/09 $ 0.00 Attorneys' Fees thru 9/10/09 $ 1,300.00 Title Search thru 9/10/09 $ 175.00 TOTAL $ 54,646.03 With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs. I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ?e a.e+?elt- 3 1-' Patrick Thomas Woodman, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 4367 th Avenue Pittsburgh, PA 15219 (412) 434-7955 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. By: c?,XG. (?oc?yu?e Patrick Thomas Woodman, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 4367 th Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, V. NO: 09-5359 civil BRIAN R. THATCHER and LAURA S. THATCHER, Defendants. IMPORTANT NOTICE TO: Brian R. Thatcher 14 Dulles Drive, West Camp Hill, PA 17011 Date of Notice: August 26, 2009 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: `?1...?--1?ws tNOo?a-w.r- Patrick Thomas Woodman, Esquire Weltman, Weinberg & Reis co. L.P.A. 1400 Koppers Building 4367 th Avenue Pittsburgh, PA 15219 (412) 434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, V. NO: 09-5359 civil BRIAN R. THATCHER and LAURA S. THATCHER, Defendants. IMPORTANT NOTICE TO: Laura S. Thatcher 14 Dulles Drive, West Camp Hill, PA 17011 Date of Notice: August 26, 2009 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: L?o.h- Patrick Thomas Woodman, Esquire Weltman, Weinberg & Reis co. L.P.A. 1400 Koppers Building 4367 ch Avenue Pittsburgh, PA 15219 (412) 434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. e., r. pp ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, v. BRIAN R. THATCHER and LAURA S. THATCHER, Defendants. NO.: 09-5359 Civil TYPE OF PLEADING: PRAECIPE FOR WRIT OF EXECUTION Filed on Behalf of: PLAINTIFF Counsel or Record for this Party: Patrick Thomas Woodman, Esquire PA I.D. #34507 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #07629544 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, v. BRIAN R. THATCHER and LAURA S. THATCHER, Defendants. NO : 09-5359 Civil a ~: ~' . , .. _ s-,~ ~. ~+ ~; r. r -c~ ; ~, ~ 'r i C7 C ' ~ - N ...~ 4 2 _: P "D '"il "'~ -: .. n.~ { vt PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County against Defendants, Brian R. Thatcher and Laura S. Thatcher in the amount of: 1. Judgment Amount $ 54,646.03 Interest at the rate of $8.70 per diem from 9/10/09 to 1/7/11 $ 4,210.80 2. Late Charges thru 1 /7/ 11 ~ TOTAL $ 58,856.83 With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs. Costs (to be added by Prothonotary) Date: ~~~~1 zo.o c~ ~` y2S 7 ~8'~ ~,zyylo3~ s 57. Sa eo se's ~ F _ g' ~. ~~ P 'C `~'~ y l ~ G , SO ~-A `~~ t v~~ Patrick Thomas Woodman, Esquire Attorney for Plaintiff 1400 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII~ DIVISION PRAECIPE FOR R'RIT OF EXECUTION Caption: v. `~~; arm ~-. T~nc~.~-c.~c- ~ 1~~~'c~ S . ~~~~, TO THE PROTHONOTARY OF THE SAID COURT: ^ Confessed Judgment .other File No, n G " S~`J ft C~ ~ i Amount Due Interest Atty's Comm . Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended Issue writ of execution in the above matter to the Sheriff of ~i mn ~~Z.~.,,r_-__l_,_(a~~ County, for debt, interest and costs, upon the following descnbed property of the defer t (dan s) 1~n~4 c.~o ~~~~j~l~ PRAECIPE FOR EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnlshee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) ana au other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ^ (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Date _ pCQ ~ 2 ~ t t0 t0 Signature: Print Name: Address: Attorney for: Telephone: pendens against real estate of the ~~;r~`Z~(lcsrm ,~ l ~~~r~n 1'~ sZ~ ~.~ _ - ~ 1Z - ~1~~ ' ~-Oc5 ~ Supreme Court ID No: ;-~1,~ ~ l7~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION PNC BANK, N.A., Plaintiff, v. BRIAN R. THATCHER and LAURA S. THATCHER, Defendants. AFFIDAVIT Ol NO.: 09-5359 Civil c ~ ''~ _. s © ~, ,~, -,n -Q rte' ~,- z rn _T, rte-- ~.,~ _~ .. N 1~.. `=_~ {" , ~ r n C1'. "< AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Patrick Thomas Woodman, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on or about May 21, 2009, Defendants were mailed Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101 et seq. and Notices of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 Take Action to Save Your Home From Foreclosure pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et. seq. The foregoing statement is true and correct to the best of my knowledge, information and belief. Patrick Thomas Woodman, Esquire Weltman, Weinberg & Reis, Co., L.P.A. 1400 Koppers Building, 436 7`h Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn~jto~yan'd subscribed before me, this/'d day of .~~~ , 2010. NOTARY PUBLIC Q MM NW PENNSY~.~ANIA rypa~tal Saar Sheila G. Ewan, N~ ~~ty~~ ~y r,Rom~m pxptna Nov, iS 2oio ai ~~ hiernber. PcrosMraMa Assodatb^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, NO.: 09-5359 Civil v. ~ ~ C7 -- J ` _ ~`~ ~' ~ O ~ _'„~ ~ ~' BRIAN R. THATCHER and ~ ~ LAURA S. THATCHER, r`,n ~._ ~ -~.~'~' Defendants. ~~~ `.~ C ~'' C'. r FT :._t ~ , AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Patrick Thomas Woodman, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 14 Dulles Drive, West; Camp Hill, PA 17011 are Defendants, Brian R. Thatcher and Laura S. Thatcher, who reside at 14 Dulles Drive, West; Camp Hill, PA 17011, to the best of his information, knowledge and belief. Sworn~to~and subscribed before me this ~=~ day of ~~ , 2010. Patrick Thomas Woodman, Esquire Weltman, Weinberg & Reis, Co., L.P.A. 1400 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 Notary Public WEALTH OF PENNSYLVANIA Notarial seal Sheila G. Bevan, Notary P~Ik Ro56TWp., All ~e ~~g 2010 ~ Com anla AaeockRlo^ Ot Nota*S Member. PennsvN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., o - Plaintiff, NO.: 09-5359 Civil - ~ - , ~ [~ ['T';e*~ C ~~11~ V. L_ ~ r ~ ~ _ ~ ' '' ~ N - ~ BRIAN R. THATCHER and t LAURA S. THATCHER, ,. ~ ~=~' ~- ~~ ~' f ~3 Defendants. ° AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) PNC Bank, N.A., Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of Brian R. Thatcher and Laura S. Thatcher located at 14 Dulles Drive, West, Camp Hill, PA 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRIAN R. THATCHER AND LAURA S. THATCHER OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED AND LYING IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 14 DULLES DRIVE, WEST, CAMP HILL, PA 17011. DEED BOOK VOLUME 036, PAGE 362, PARCEL NUMBER 09-17-1042-077E. 1. The name and address of the owners or reputed owners: Brian R. Thatcher and 14 Dulles Drive, West Laura S. Thatcher Camp Hill, PA 17011 2. The name and address of the Defendants in the judgment: Brian R. Thatcher and 14 Dulles Drive, West Laura S. Thatcher Camp Hill, PA 17011 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC Bank, N.A. Palisades Collection LLC/Providian East Pennsboro Township (Plaintiff) 210 Sylvan Avenue Englewood Cliffs, NJ 07632 98 South Enola Drive Enola, PA 17025 4. The name and address of the last record holder of every mortgage of record: PNC Bank, N.A. (Plaintiff) American General Finance, Inc. 2054 Fruitville Pike Lancaster, PA 17601 5. The name and address of every other person who has any record lien on the property: NONE 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Inheritance Tax Bureau Domestic Relations One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 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. I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. X4904 relating to unsworn falsification to authorities. '1Q~tJGI~_ IA~N~.~A lJl7~~'~U~''_'_ Patrick Thomas Woodman, Esquire Attorneys for Plaintiff Sworn to~an/d's~ubscribed before me this ~o day of , 2010. ./~ Notary Public ~p~r~A~TM p~ p~ LVANtA NOq~lal ~~ Sheila G. savan, Notary Publk Rose'IVVp., Alle0henY County ~ Comm~or~ ~ Nov.15 2010 per pMnsvNeMe Assodadon ~ Noterles ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, V. BRIAN R. THATCHER and LAURA S. THATCHER, Defendants. NO.: 09-5359 Civil NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Brian R. Thatcher Laura S. Thatcher 14 Dulles Drive, West Camp Hill, PA 17011 N .. _ , -r'1 C r ,7 ..,;gin .~ _~. ~c ~ ` ~ '` '~T .rim: ~ `= - r=•. ~`_.~„ ~> ~ r .- a N a TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the 2nd Floor Cumberland County Courthouse Commissioners Hearing Room Carlisle, PA on January 7, 2011 at 10:00 A.M. Eastern Standard Time, the following described real estate, of which Brian R. Thatcher and Laura S. Thatcher are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRIAN R. THATCHER AND LAURA S. THATCHER OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED AND LYING IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 14 DULLES DRIVE, WEST, CAMP HILL, PA 17011. DEED BOOK VOLUME 036, PAGE 362, PARCEL NUMBER 09-17-1042-077E. ` The'said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of PNC Bank, N.A., Plaintiff, vs. Brian R. Thatcher and Laura S. Thatcher, Defendants. at Execution Number 09-5359 in the amount of $ 58,856.83, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions 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 Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution 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. Cumberland County Bar Association , 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 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. 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 within twenty (20) days after service of the Complaint for 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 the 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. 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 of 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 TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG & REIS, CO., L.P.A. Ta Patrick Thomas Woodman, Esquire Attorneys for Plaintiff 1400 Koppers Building 43b Seventh Avenue Pittsburgh, Pennsylvania 1.5219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, v. BRIAN R. THATCHER and LAURA S. THATCHER, Defendants. NO.: 09-5359 Civil LONG FORM DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Southerly line of an existing concrete walk adjacent to the Southerly line of Dulles Drive, which point is at the dividing line between Lots Nos. 2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along the Southerly line of said existing concrete walk South 60 degrees 00 minutes West a distance of 37.5 feet to a point at the dividing line between Lots Nos. 2-E and 2-F on said plan; thence along said dividing line South 30 degrees 00 minutes East a distance of 120 feet through the common wall of a dwelling house to a point along land now or formerly of East Pennsboro Township Board of Education; thence along said land North 60 degrees 00 minutes East a distance of 37.5 feet to a point, said point being at the dividing line between Lots Nos. 2- Fand 2-G on the hereinafter mentioned Plan of Lots; thence along said dividing line North 30 degrees 00 minutes West a distance of 120 feet to a point, the place of beginning. BEING Lot No. 2-F on the Resubdivision Plan: Plan No. 12 Ridley Park, as prepared by D.F. Raffensperger Associates, Engineers and Surveyors, Camp Hill, PA dated March 17, 1977 and recorded in Plan Book 30, Page 63. BEING known as No. 14 Dulles Drive, West. BEING the same premises which Sharon J. Wipkey and Jon R. Simpson, husband and wife, by Deed dated September 29, 1993, and recorded October 1, 1993, in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book 036, Page 362, granted and conveyed unto Brian R. Thatcher and Laura S. Thatcher, husband and wife, in fee. WELTMAN, WEINBERG & REIS, CO., L.P.A. i ~~ lll~ Patrick Thomas Woodman, Esquire Attorney for Plaintiff 1400 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 Parcel No. 09-17-1042-077E WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-5359 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, N.A., Plaintiff (s) From BRAIN R. THATCHER AND LAURA S. THATCHER (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$58,856.83 L.L.$.50 Interest AT THE RATE OF $8.70 PER DIEM FROM 9/10/09 TO 1/7/11 - $4,210.80 Atty's Comm Atty Paid $176.50 Plaintiff Paid Date: July, 2010 (Seal) Due Prothy $2.00 Other Costs REQUESTING PARTY: Name PATRICK THOMAS WOODMAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS, CO., L.P.A., 1400 KOPPERS BUILDING, 436 7'~ AVENUE, PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 34507 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ` : Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor PNC Bank vs. Brian R. Thatcher (et al.) `55 t' rr .f rig i ?,. Case Number 2009-5359 SHERIFF'S RETURN OF SERVICE 10/14/2010 04:10 PM -Amanda Cobaugh Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1610 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brian R. & Laura S. Thatcher, located at, 14 Dulles Drive West, Camp Hill, Cumberland County, Pennsylvania according to law. 10/14/2010 08:25 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 2025 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Brian R. Thatcher, by making known unto, Brian R. Thatcher, personally, at, 14 Dulles Drive West, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 10/14/2010 08:25 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 2025 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Laura S. Thatcher, by making known unto, Brian R. Thatcher, husband of defendant, at, 14 Dulles Drive West, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/03/2010 As directed by Patrick Thomas Woodman, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 03/01/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney on 2/28/11 SHERIFF COST: $796.93 SO ANSWERS, ' March 01, 2011 RON R ANDERSON, SHERIFF ,'er L&,Od - a2v? 9? asp, 3543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, NO.: 09-5359 Civil V. BRIAN R. THATCHER and LAURA S. THATCHER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) PNC Bank, N.A., Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of Brian R. Thatcher and Laura S. Thatcher located at 14 Dulles Drive, West, Camp Hill, PA 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRIAN R. THATCHER AND LAURA S. THATCHER OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED AND LYING IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 14 DULLES DRIVE, WEST, CAMP HILL, PA 17011. DEED BOOK VOLUME 036, PAGE 362, PARCEL NUMBER 09-17-1042-077E. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, V. BRIAN R. THATCHER and LAURA S. THATCHER, Defendants. NO.: 09-5359 Civil NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Brian R. Thatcher Laura S. Thatcher 14 Dulles Drive, West Camp Hill, PA 17011 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the 2°a Floor Cumberland County Courthouse Commissioners Hearing Room Carlisle, PA on December 8, 2010 at 10:00 A.M. Eastern Standard Time, the following described real estate, of which Brian R. Thatcher and Laura S. Thatcher are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRIAN R. THATCHER AND LAURA S. THATCHER OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED AND LYING IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 14 DULLES DRIVE, WEST, CAMP HILL, PA 17011. DEED BOOK VOLUME 036, PAGE 362, PARCEL NUMBER 09-17-1042-077E. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of PNC Bank, N.A., Plaintiff, VS. Brian R. Thatcher and Laura S. Thatcher, Defendants. at Execution Number 09-5359 in the amount of $ 58,856.83, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriff before the above sale date. 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. Exceptions 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 Schedule of Distribution is tiled in the Office of the Sheriff. The Writ of Execution 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs 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 within twenty (20) days after service of the Complaint for 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 the 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. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of 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 TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG & REIS, CO., L.P.A. ?a Patrick Thomas Woodman, Esquire Attorneys for Plaintiff 1400 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Plaintiff, V. BRIAN R. THATCHER and LAURA S. THATCHER, Defendants. NO.: 09-5359 Civil LONG FORM DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Southerly line of an existing concrete walk adjacent to the Southerly line of Dulles Drive, which point is at the dividing line between Lots Nos. 2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along the Southerly line of said existing concrete walk South 60 degrees 00 minutes West a distance of 37.5 feet to a point at the dividing line between Lots Nos. 2-E and 2-F on said plan; thence along said dividing line South 30 degrees 00 minutes East a distance of 120 feet through the common wall of a dwelling house to a point along land now or formerly of East Pennsboro Township Board of Education; thence along said land North 60 degrees 00 minutes East a distance of 37.5 feet to a point, said point being at the dividing line between Lots Nos. 2- F and 2-G on the hereinafter mentioned Plan of Lots; thence along said dividing line North 30 degrees 00 minutes West a distance of 120 feet to a point, the place of beginning. BEING Lot No. 2-F on the Resubdivision Plan: Plan No. 12 Ridley Park, as prepared by D.F. Raffensperger Associates, Engineers and Surveyors, Camp Hill, PA dated March 17, 1977 and recorded in Plan Book 30, Page 63. BEING known as No. 14 Dulles Drive, West. BEING the same premises which Sharon J. Wipkey and Jon R. Simpson, husband and wife, by Deed dated September 29, 1993, and recorded October 1, 1993, in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book 036, Page 362, granted and conveyed unto Brian R. Thatcher and Laura S. Thatcher, husband and wife, in fee. WELTMAN, WEINBERG & REIS, CO., L.P.A. Patrick Thomas Woodman, Esquire Attorney for Plaintiff 1400 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 Parcel No. 09-17-1042-077E WRIT OF EXECUTION and/or ATTACHMENT COMMON,WEAL'TH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-5359 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, N.A., Plaintiff (s) From BRAIN R. THATCHER AND LAURA S. THATCHER (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$58,856.83 L.L.$.50 Interest AT THE RATE OF $8.70 PER DIEM FROM 9/10/09 TO 1/7/11 - $4,210.80 Atty's Comm % Due Prothy $2.00 Atty Paid $176.50 Other Costs Plaintiff Paid Date: July 1, 2010 1)6'--. , Prothono ary (Seal) By: Deputy REQUESTING PARTY: Name PATRICK THOMAS WOODMAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS, CO., L.P.A., 1400 KOPPERS BUILDING, 436 7TH AVENUE, PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 34507 TRUE COPY FROM RECORD in lbstlmony whored, I hem unto set my nano Ps/? mW ft sail of amid cNowel On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 14 Dulles Drive, West, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: sta oordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r--,?& '- a - U, - Lisa Marie Co , Editor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 r? CUMBERLAND LAW JOURNAL Writ No. 2009-5359 Civil PNC Bank VS. Brian R. Thatcher Laura S. Thatcher Atty.: Patrick Thomas Woodman ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Southerly line of an existing concrete walk adjacent to the Southerly line of Dulles Drive, which point is at the dividing line between Lots Nos. 2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along the South- erly line of said existing concrete walk South 60 degrees 00 minutes West a distance of 37.5 feet to a point at the dividing line between Lots Nos. 2-E and 2-F on said plan; thence along said dividing line South 30 degrees 00 minutes East a distance of 120 feet through the common wall of a dwelling house to a point along land now or formerly of East Pennsboro Township Board of Education; thence along said land North 60 degrees 00 minutes East a distance of 37.5 feet to a point, said point being at the dividing line between Lots Nos. 2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along said divid- ing line North 30 degrees 00 minutes West a distance of 120 feet to a point, the place of beginning. BEING Lot No. 2-F on the Re- subdivision Plan: Plan No. 12 Ridley Park, as prepared by D.F. Raffens- perger Associates, Engineers and Surveyors, Camp Hill, PA dated March 17, 1977 and recorded in Plan Book 30, Page 63. BEING known as No. 14 Dulles Drive, West. BEING the same premises which Sharon J. Wipkey and Jon R. Simp- son, husband and wife, by Deed dated September 29, 1993, and re- corded October 1, 1993, in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book 036, Page 362, granted and conveyed unto Brian R. Thatcher and Laura S. Thatcher, husband and wife, in fee. 118 The Patriot-News Co. 2010 Technology Pkwy Suite 300„ Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE lot Pahiot-N(ws Now you know CARLISLE PA 17013 - THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Markel: Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations oi: this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News C.o. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 71 Sworn to,4n,d ub5c This ad ran on the date(s) shown below: L"'.Yl ..... s 10 days ofNovember, 2010 A.D. Notarv Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public. Lower Paxton Twp., Dauphin County My Commisslon Expires Nov. 26, 2011 Member. Pennsylvanla Association of Notaries 10/15/10 10/22/10 10/29/10 20064M CPA Tiffin PW Bank Vs Brian R. Thnighar Laura S. Thafthtrr Atty: Patrlah Thanes wwomm ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Southerly line of an existing concrete walk adjacent to the Southerly line of Dulles Drive, which point is at the dividing line between Lots Nos. 2-F and 2•G on the hereinafter mentioned Plan of Lots; thence along the Southerly line of said existing concrete walk South 60 degrees 00 minutes West a distance of 37.5 feet to a point at the dividing line between Lots Nos. 2-E and 2-F on said plan; thence along said dividing fine South 30 degrees 00 minutes East a distance of 120 feet 'through the common wall of a dwel ing house to a point along land now or formerly of East Pennsboro Township Board of Education; thence along said land North 60 degrees 00 minutes East a distance of 37.5 feet to a point, said point being at the dividing he between Lots Nos. 2-F and 2-G on the hereinafter mentioned Plan of Lots; thence along said dividing line North 30 degrees 00 minutes West a distance of 120 feet to a point, the place of beginning. BEING Lot No. 2-F on the Resvbdivision Plan: Plae No. 12 Ridley Park, as prepared by D.F. rAlwppatce, lioeers and Sungsxc ` M dated`March 17, 1977 and rwmdrd 101wBoo 30, Page 63. BEING Wive u W 14,I:tuftV k, West. BEING the amts prey which Sharon I. Wipkey a* Jon R. Sbiviou, husband and wife, by'i *W*pW nber 29,1993, and recorded'Gt 1, 1993, in the Office of the Recorder of Duds in and for the County of Cumberland in Deed Book 036, Page 362, granted and conveyed unto Brian R Thatcher and Laura S. Thatcher, husband and wife, in fee. F' KML LAW GROUP, P.C. '� ;PROT C rt its#,ti i /1113 NOV A : `1 BY: Alyk L. Oflazian, Esquire Attorney I.D.312912 Suite 5000—BNY Mellon Independence Center CUMBERLAND COUN T 701 Market Street PENNS YL.VANIA Philadelphia,PA 19106-1532 215-627-1322 Attorney for Plaintiff PNC BANK,N.A. IN THE COURT OF COMMON PLEAS Plaintiff vs. of Cumberland County BRIAN R.THATCHER CIVIL ACTION-LAW LAURA S.THATCHER 14 West Dulles Drive ACTION OF MORTGAGE FORECLOSURE Camp Hill,PA 17011 Defendant(s) 09-5359 Civil WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Plain , , • he . soy; capti c 7 d matter. Date: Li U BY: Weltm• eiferg &IF Co7PA7 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, PNC BANK,N.A., in the above captioned matter. KML Law Group,P.C. Date: /i 7) BY: / Alyk L. 0 azian, Esquire