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HomeMy WebLinkAbout11-0190TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB, NATIONAL ASSOCIATION, CNIL DNISION Plaintiff, No, ( ~ ClU~ vs. GLENN L. GUISE AND SHERRY L. GUISE, CNIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE Defendants. Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire 4 ~ ~..~ `M~' Pa. LD. #83746 ,.. `~_' -a bsolomon(u~tuckerlaw.com ~,~;-'~ ~_ ;~ Michael C. Mazack, Esquire ~'-~ n~_ ^'s--~, Y Pa. LD. #205742 i-~~`'- -- = .~ `~;~ _ .~~ _~ TUCKER ARENSBERG, P.C. ~„-,, ~ - Firm #287 " `="" ~~ ~=~' .- 1.500 One PPG Place -'~' ~`- Pittsburgh, Pennsylvania 15222 ..~ ~:_~ (412) 566-1212 I hereby certify that the property to be foreclosed upon is: 107 Spruce Street Carlisle, Pa 17013 Borough of Carlisle Tax Parcel No. 02~23~031 Brett A.~Solomon Attorney for Plaintiff ~~. ~9~~~~ ~~~ Sa~om~i~n ~I~' 3~1 a ~U7 ~C~ as3 tlsa BANK FIN:392756-1 000011-148514 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, vs. GLENN L. GUISE AND SHERRY L. GUISE, Defendants No. IMPORTANT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK FIN:392756-1 000011-148514 AVISO Le han de mandado a usted en la Corte. Si usted quiere defenderse de estas demandas expeustas en las paginas siguientes, usted tiene viente (20) dias de pla/o al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregara la Corte enroma ascrita sus defenses o sus objecones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidasy puede continuar la demanda en contra suy a sin previo aviso a notificacion. Ademas, la Corte puede decider a favor del demande\ante y require que usted cumpla con todas las provisioner de esta demanda. Usted puede erder dinero o sus propiedades o ostro derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIALAMENTE. SI NO TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENIRA ESRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK FIN:392756-1000011-148514 TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, vs. GLENN L. GUISE AND SHERRY L. GUISE, Defendants. No. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES PNC Bank, National Association ("Bank"), by and through its counsel, Tucker Arensberg, P.C., and avers the following in support of its Complaint in Mortgage Foreclosure: 1. PNC Bank, National Association, is a national banking association organized under the laws of the United States of America with a principal place of business at One PNC Plaza, 249 Fifth Avenue, Pittsburgh, Pennsylvania 15222-2707. 2. Defendants, Glenn L. Guise and Sherry L. Guise ("Defendants"), are adult individuals whose last known address is 107 Spruce Street, Carlisle, Pa 17013. 3. On or about May 14, 1992, the Defendants executed a Note ("Note") whereby Defendants promised to pay to Bank the principal amount of $68,000.00 plus interest as provided therein. 4. The obligations evidenced by the Note are secured by a Mortgage dated May 14, 1992 (the "Mortgage") given by the Defendants to Bank, encumbering certain real properly located in the Borough of Carlisle, County of Cumberland, Pennsylvania, as more particularly described therein ("Premises"). The Mortgage was recorded on May 29, 1992 in the Office of the Recorder of Deeds of BANK FIN:392756-1 000011-148514 Cumberland County, Pennsylvania in Instrument Mortgage Book Volume 1069, Page 1036. A true and correct copy of the Mortgage is attached hereto as Exhibit "A" and incorporated herein. 5. The Defendants are in default of the provisions of the Note for failure to make payment when due and therefore the Defendants are in default of the Mortgage. The Note is due from March 29, 2010 and as of September 17, 2010 was past due in the amount of $1,682.47. 6. The Defendants are the record and real owners of the Premises. 7. There has been no assignment, release or transfer of the Note or Mortgage. 8. On or about June 25, 2010, Notices were sent to Defendants in accordance with 35 P.S. § 1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 -Act 91 of 1983) and 41 P.S. §403 (Act 6 of 1974) that an action on said Mortgage may be commenced after 31 days from the date of the Notices. Said Notices further advised Defendants of Defendants' rights and obligations in accordance with the Act. Copies of the Notices are attached hereto as Exhibit "B", collectively, and incorporated herein. 9. The amount due Bank under the Note and Mortgage as of September 17, 2010 was as follows: Principal $29,981.77 Interest through April 16, 2010 (continuing thereafter at $3.4910 per diem) 650.55 Late Charge 14.00 Attorneys' Fees 1,015.00 Costs to be added TOTAL $31,661.32 10. The total amount due to Bank under the Note and Mortgage as of September 17, 2010 was Thirty-One Thousand Six Hundred Sixty-One and 32/100 Dollars ($31,661.32), plus costs and attorneys' fees. BANK FIN:392756-] 000011-148514 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of Thirty-One Thousand Six Hundred Sixty-One and 32/100 Dollars ($31,661.32), plus continuing interest at the contract rate from September 17, 2010, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. TUC ARENSB G, .C. By: Brett A. Sol on, Esquire Pa. I.D. #83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for PNC Bank, National Association, Plaintiff BANK FIN:392756-1 000011-148514 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB, NATIONAL ASSOCIATION, CNIL DIVISION Plaintiff, vs. GLENN L. GUISE AND SHERRY L. GUISE, Defendants. No. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY I, Brett A. Solomon, Attorney for PNC Bank, National Association, being duly sworn according to law, hereby depose and say that the Defendants, Glenn L. Guise and Sherry L. Guise, are not members of the military service of the United States of America to the best of myi~ge~ledge, information, and belief. /~ , // Brett A. Solomon Attorney for PNC Bank, National Association Sworn to nd subscribed before me q~TH pF PENNSI(L,VANW a(~\~ CpMMO"""-"'iNotarial Seai this ~ day o ,'£aTl~ ICPifY d. Mink Notary Pudic • City nr ~+•:tst~urgt+ an*gtwny County My ~pmntrb+NGn x=~~s 23~ 2013 n of Notaries Member, Pennsylvania a c My Commission Expires: BANK FIN:392756-1 000011-148514 .....-. 4: '.-L't..a:- ,: _ _ . :.::....u..: , i ~~:. , Acct. No. 3 3 d U /'7/ ~ .~ ~ OPEN END MORTGAGE ~, _.. __;...r_._:,,,~. _..---__.._.._.-.., _--__ ._ _ da uf' ^a:___._...._.M...__..._~__~ Tl'92-"~efween~`._.._.~rETITI ~~-`G'lI']:88"` .,..°"'_~ THIS MORTGAGE made this 14th y ~ ~~Y (hereinafter whether one or more, called "Mortgagor") ~ ~ (hereinafter called "Mortgagee"); GC ~a8~ in consideration for and to secure payment to Mortgagee by Mortgagor of a loan and any interest and costs due thereon evidenced by a Note or other obligation dated May 14 , 19 9 2, in the original sum or with as original credit 1'tne in the sum of S 68, 000.00 (and/or any modification, refinancing or extension thereof and any other note or other agreement which may be • substituted therefor, any or all of which are hereinafter called "Note's ar~i performantx of all conditions, covenants and obligations contained herein and in the Note, the Mortgagor does by these presents grant, bargain, sell, convey and mortgage unto the Mortgagee, ALL the following described real estate situate in the ($~ffigtlBorough) of Carlisle County of Cumberland ,Commonwealth of Pennsylvania (hereinafter called "Premises'? known and designated as 1 t) 7 ~nruce S+''°°+ ra~"1iS 1e Pennsylvania, conveyed to the Mortgagor by Deed dated s ~~ Addrw Au gel s t 16 , 19 8 4, duly recorded in the orrice for the ltecordiog of Deeds in said Cotmiy in Deed Book No. V 3 0 ,Page as the Promises are ttuteia described, and, if necessary, as more particalarly described as foFiows ~ on We reverse ode hereof. TOGETHER with aU the buildings and improvements thereon and additions and allocations thereto, including all alleys, passageways, rights, liberties, privilcgcs, hereditamenta and appurtenances vrhatsoevar thereunto belonging or appertaining. TO HAVEAND TO HOLD the Premises hereby granted and conveyed nine Mortgagee, to and for the use atu3 behoof of Mortgagee, its successors and assigns, forever. THI3 MORTGAGE IS MADE subject to the following conditions, covenants and obUgations: a. All payments on the Note will be made when due, including payments due by acceleration of maturity, and all other conditions, convenants and obligations as required or provided herein, in the Note, or En any other oE>ligatioa of Mortgagor Lo Mortgagee, will be performed; and b. Mortgagor covenants and warrants that Mortgagor has fee simple title to the Premises and the right to mortgage the Promises: and a. Mortgagor will pay whey due all taxes and assessments and other governmental charges, including electricity, water and sower rants levied or assessed against the Premises or any part thereof, and viii deliver. receipts therefor to the Mortgagee upon request, a~ shall pay when due ail amounts secured by any prior.lien on the premises; and d. Mortgagor will keep the Promises insured against fire and such other hazards in such amount or amounts as may be required by the Mortgagee and the policies and renewals evidencing such insurance shall have attached thereto a loss payable clause(s) in form acceptable to the Mortgagee; and e. Mortgagor will neither sell, assign or transfer any or all of the Premises or any interest therein nor commit nor suffer any assn, impairment or deterioration of the Premises and will maintain the same is good order and repair; and f. In t!~ everrt of any defaalt in the making of any payment due and payable under the Nato, or in rho keeping and performance of any of the con- ditions, covenants and obligations contained herdn or in the Note, or in arty other obligation of Mortgagor to Mortgagee, Mortgagee may, upon timely notice to Mortgagor if required by law, (i) forthwith bring an action of mortgage foreclosure hereon, or inatituu other foreclosure proceedings upon this Mortgage, and may proceed to judgmem and execution to recover the balance due on the Neu and any other sums that may be due thereunder, including attorneys' foes, costs of suit and coats of sale to the extent, if arty, Provided in rho Note, sari (ii) inter into possession of Premises, with or without legal actioq lasso the same, collect all renu sad profits therefrom and, attu deducting all costs of collection and rtdmirtiatratioa expense, apply the net rents and profits to rho payment of fazes sad other necessary maintenance and operation coots (including agents' fees and attorneys' fees) or oa accrntnt of the Note, in such order and amounts as Mortgagee in Mortgagee's sole discretion may elect and Mortgagee shall be liable to account only for rents and prof- its actually received by Mortgagee: and ' g. Mortgagor lteteby waives and releases all benefit and relief from any and all appraiseraent, stay and exemptinn laws raw in force or hereaRcr passed, either for the benefit or relief of Mortgagor, ~ Uniting the balance rite to a sum not in excess of the amount actually paid by the purchaser of the Pceatiaea at a sale thereof in any judicial proceedings upon this Mortgage, or exempting the Premises or say other property, real or petsottal, or any part of rho proceeds of sale thereof, from attachment: Iovy or sale under execution, or pt+oviding for say stay of execution or other process: and • h. It is understood and agreed by the parties that this mortgage is gtveq by Mortgagor a5 collateral for present and/or future loans to be given from time ' to titx~ by Mortgagee to Mortgagor; and it is further understood and agt+eed by the parties hereto that this tnottgage shall have the full force, effect and beneftt of a ttiortgage given to secure prssettt and future advances. So long as no ddault b9 Mortgagor Etas occurred, Mortgagee shall be obligated to make future advances which are provided for pursuant to tfu terms of s~ underlying agreement secured by this Mortgage. $IJT ALWAYS PROVIDEi+D, nevertheless, that if Wts Mortgage and flu debts hereby accused are paid in fall in the manner provided is the Note, they .this Mortgage a~ the estate hereby granted shall cease and deurmitte sad beoorne void, anything heroin to the contrary notwithstanding. The covenants and conditions herein contained shall bind sad flu benefits and advantages shall inure to the respective heirs, executors, administrators, successors, sad assigns of the parties hereto. Whenever used, the singular number shall include the'plural, the plural the singular and the use of any gender ahaA ba applicabk to all genders. Payment of this Mortgage is subject to the terms and conditions of the Note referred to above. IN WITNESS WHRREOF the Mortgagor bas Eureumo set hand attd'seal the day and year first above writun. Witness F=-1~ ~ Witness Witness yt /l ~~ r..orr•` X77 ~/ y Mortgagor Mortgagor Mortgagor Witaesa ~ Mortgagor . ~~ ~ ~~ EXHIBIT $oo~c ~U€~u ~~cf ~ ~13~ ~.. E . .... . . ..;~ .... ... ~... .... a ~ ....., DESCRIPTION OF PREMISES F P P ~,~.__.__.,_.:_.__. _.;____...__~.....:.__.__.____.._...._:_w._....__._~___ Insert-s eciftc-descri tion•-o:~-Premises--if-necess - ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows.: ON THE West by Spruce Street (formerly known as Chestnut Street); on the South by East Louther Street; on the East by an alley; and on the North by Lot No. 14 on the hereinafter mentioned Plan of Lots. Containing 60 feet in front on said Spruce Street and extending an even width 150 feet to the alley on the East, and having thereon erected a dwelling house known as and numbered 107 Spruce Street. BEING Lot Nos. 15 and 16 in Block No. 3 on the Plan of Lots laid out and adopted by J. H. and G. M. Bosler, said Plan of Lots being recorded in the Office of the Recorder of Deeds for Cumberland County at Carlisle, Pennsylvania, in Miscellaneous Record Book No. 13, Page 181. :.~F'~ ~~1 ~_~ ;~s ,.`: ; . }. ~at~+~v of Pennsylvania ~ . ~~,<.snty of Cumk>ertand :~ ::xx^.~E~# }n the office for the recordin& of Deeds rsc3 fo beriand County, <:~`~.t'3ooi~ Voi. '~ Pale ~D ~r;;-rrkess my hand an 1 of off' ~ G~--~ ~;:~: fish, F~ this -.~~~ deY of '~8-.~'C Fie v N f7 :~ c ~ 1~ t'> 3 Imo ~ ~~~ m aav '" ~ o G ` ~ 'ri n Q 'rl O ~ ~ ~ ,~:.a G ea m 1 ~ ~ -rY1 m V = ~ t m - -< e~ ''~ ~ ~~~ t ~ ~~ C It is understood and agc+ead by the parties that this mortgage is given by Mortgagor as coliateral for present and/ I'r~ - - _ time to time by Mortgagee to Mortgagor, and it is fiuther understood and agreed by the parties hereto that this wort ~'It~BtMl • ~ 'c~j :T effect and benefit of a rtwrtgage given to secure present and future advances. ' ~ ^~' -~ F "`t' ~- '" COMMONWEALTH OF PBNNSYLVANIA ~,~ {~Ir~'1 saes ,n~~e'" S J:'. couNrr of Cumberland 3~} ~;;?~:~~' .::~~ On this (~[~ day of Y~~ , 19 9 2 ,before me the subscriber, a Notary Ptibiic. in and for the Commonwealth of Penasyivaaia, personally appeared, Glenn L. Guise known tome (or satisfactorily provan) to be the person(s) whose name(s) is (are) subacn'bed to the'above Mortgage sad acknowledged execution of the same for the purposes therein cattaiaed sad desired that it be recorded as such. ~ /^ /"~, WITNESS my hand sad official seal the day sad year aforesaid ~ / ( r ,~/ Notary Public 1 certify that the precise residence of the within-named MORTGAGEE is 4242 Carlisle Pike, Camp Hill, PA 17011. Oa behalf Of Asst. V. P. i}GO!(~ ~~~ PAGE ~ ~~ i S •~~~::d;~~;; {i~ltyR!`;`.•kl'~:`i~.VY=_wa!:l•,'•:.`si;'; ~.r".°7:.~.G: :.,, .:S 1 nn5, ~;j fi.lr~ln'C~ ~YPi..•~yY ~,f~'ir Jr f~J.. 13aie: June 25, 2010 Glenn Guise i 07 Sprace St Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR Hl~1Vi~ FRaM FQ~CL(JSIJFfE This is an official notice that the mortgage on yonr home is in default. and the lender intends to foreclose. Specific information about the nature of the defaalt es provided is the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSLSTANCE PROGRAM (HEMAPI may be able to help to save voar home. Tbis notice explains how the program works. To see if HEMAP can h ~, voa mast MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE Off' THIS NOTICE. Take this Notice witb voa when you meet with the Coussellsg Agescv The name. address and phone number of Gossamer Credit Counseling Agencies serving voar County are listed at the esd of thin Notre. If You have aav questions. von may call the Pennsvtvania Housing Fisancx Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney is voar area. The local bar association may be able to help yon find s lawyer. LA NOTIFICACION EN ADJUNCO ES DE SUMA IMPORTANCI.A, PUSS AFECTA SU DERECHO A CONTINUAR VMENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCiON INMEDITAMENTE LLAMANDO ESTA AGENCU (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGBILE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERlSERVICER: Glenn Guise / Sherrv L Guise 147 Spruce St, Carlisle, PA 17013 040-03-4490330(! 1716 PNC PNC Bank. N.A. EXHIBIT HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE,]'Oj~TR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ~' iF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * iF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of forcelosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that tare you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. ',~TIIS MEETING MUST OC~,WITAIN {331 DA~(~S OF THE DATE OF THIS NQ'~~C,~ IF YOU DO NOT API~..Y FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. TH E PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRIIdG YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- if you meet with one of the consumer credit counsd ing agencies lisped at the erd of this notice, the lender may NOT take action against you for ilrirty (30) days after the date of tfiis meeting. True rrarrres_ addresses and telephone numbers of desi~ c,,~~u,mer credit courrseiing,ggerrcies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedtile are face- to-face meeting. Advise yorir lender in~rrediately of yore intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information aborrt the rrattae of your default.) You have the right ~ apply for financial assistance tier the Homeowner's Emergency Mortgage Assistance Program To do so, you must fi ll out, sign and file a canpkted Homeowner's Emergency I't+ogram Application with one of the designated consumer counseling agencies listed at tine end of this Notice. Only consumer ct+edit counseling agencies have applications for the program and they will assist you in submitting a complete appiication to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PFIFA and received within thirty (30) days ofyourface-to-face meeting with the counseling agency. YOUSHOULDFILEAHEMAPAPPLICATIONASSOONASPOSSIBLE IFYDUHAVEAMEETING WI7HA CDUNSELINGAGENCY W.f?YIIN33 DAYS OF THEPOSTMAR$DA7E OF?HISNOTIC,EAND FILEANAPPLlCA7TON WITHPHFA W.f'TIilN30 DAYSOF THAT MEETINCy TIiF.1V THE LENDER WILL BE TEMFDRARILYPREYENTED FROMSTARTIIVGA FORECLOSUREAGAWST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION t19LLED "TEALt'ORARYSTAY OF FORECLO.SL~ " YOU HAVE THE RIGHT 70 FILER HEMAPAPPLICATIONEVEKBEY0IVD ?HEx`E TIME PERIODS A LATEAPPLICATIDNWILLNOTPREVENT THELENDER FROMSTARTINGA FORECLOSUREACTION, BUT IF YDURAPPLItATTONIS EI'EMVALLYAPPROYEDATANYTIMEBEFDREA SHERIFF'SSAL~ THE ~RECL17tS'URE WILL BE STOPPED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Fennsylvania Housing Finance Agency has sixty (60} days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housin Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have Tiled bankruptcy you coo still apply for Emergency Mortgage Assistance.) ~iOW TO CURE YOUR MORTGAGE BEFAULT ~Brintt it up to date). (ACT 6) NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 107 S~ce St. Cartis[e. PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly eayments in the amounts of $279 79 for each of the months from Decem~,er 2009 through Mav 2010 Other charges (explain itemize): Late Charles of $8.00 TOTAL AMOUNT PAST DUE: SI 14.99 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY {30) DAYS ofthe date of this notice BY PAYING THE 'TOTAL AMOUNT PAST DUE TO THE LENDER, WHTCH IS $1,614.99, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY {30) DAY PERIOD. Payments must be made either by cash, cashier's check, certifed check or money order made payable and sent to: PNC BANK, NA, 2730 Liberty Avenue, 2nd Floor, Maitstop: PS-PCLC-02-N, Pittsburgh, PA 15222 IF YOU DO NOT CURE TSE DEF,A,ULT - if you do not cure fire default within THIRTY (30) DAYS of the date of this Notice, the Ieuder imtendtr to exercise ifs rights to accelerate the rnortsage debt. This means that the entire outstanding balance of this debt wilt be considered due immediately and you tray lose the chance to pay the mortgage in monthly installments. If full payment ofthe total amount past due is not made within THIRTY (30) DAYS, the lender also intends bQ instruct its atbomeys to start legal action to fo ose anon your mor~ed urooertv. IF TAE MORTGAGE IS FORECLOSED UPON-The mortgage property Hit! be sold by the Sheriff to pay off dte mortgage debt. If the lender r~ef'ers your case to its atmrtreys, but you cure the delinquency before the leader begins legal proceedings against you, you will still be r+equir+ed to pay the reasonable attomey's fees that were actually incurred, up to $SQ 00. However, if legal proccedirigs are started against you, you wil l have to pay all reasonable atbomey fees actually incun~od by the lender even if they exceed $5000. Atry attorney's fees wil l be added W the amount you owe the lender, which may also include ot:het reasonable cocks. If you care the default within the Tl~ID2TY 1301 DAY period vau wilt not be r~eaaired ~,~nav attoreev,~ OTHER LENDER REMEDIES--The lender may also sue you personally far the unpaid principal balance and all other sums due under the mortgage. RIGHT TO ~URE~}i,~,,~EFAI;~LT PR~Q,~t TO SHERIFF'S SALE - lfyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you. still hay tg he right ra cure the default and pn;vent the sale at any time up to one hour before the Sheriff s Sale. You may do sfl by paying the total amount then past due, plus any late or other chortles dten due, reasonable attorney's fees and costs connected with the foreclosure sale and env other costs connected. withSherifPs Sale as snecifjlec(.!n wsiU~g ~Y>~e leRder and orming anx other r qui;~~,~ user the m e Curing yourdefault in the mannar set forth in this notice will restore your mortgage to the same position as ifyou had neverdefautted. FARW F.STPOSSSIBLE SH ERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheri ff s Sale of the mortgaged property could be held would be approximately si: (t-~ months from the Date of this Notice. A notice of the actual date of the Sheriff`s Sak will be sent to you before the sale. Of course, the amount needed to cure ttte default will increase tha longar you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender. PNC Bank N.A. Address: 2730 Liberty, 4veaue. 2nd Floor. Mailttop; P~PCt,C-0LN, Pitlsborgh. PA t522z Phone NMmber: i-806-878-0027 Fax Number: [412)768-3662 Contact ~etsoa• Pau~Sharkadv 1-Mail Addt~: PanLSh:rkadvnalPNC.rnm EFFECT OF SHERIFF'S SALE --You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to [ive in the property after the Shertffs Sate, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may not sell or transfer your home to.a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BO RRO W MONEY FROM ANOTHER LENDING 1NSTI'TUTION TO PAY OFF THiS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACT[NG ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, 1F YOU CURE THE DEFAULT. (HOWEVER, YOIJ DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE T1MES IN ANY CALENDAR YEAR } • TO ASSERT THENONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTEIER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. original sent: U.S. Mail oefifial, postage propaid copy sent. First Class, U.S. Mail, postage prepaid Very truly yours,{ 1'au1 Sharkady PNC Bartle, National Association Date: June 25, 2410 Sherry L Guise 1 d7 Spruce St Carlisle, PA 17413 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is art of#icial notice that the mortgage on your home is in default. and the lender intends to foreclose SQecific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI mag be able to help to save your home. This notice explains how theprogram works. To sce if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHfN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with von when you meet with the Counseling Agency The name. address and phone nnmbtr of Consumer Credit Counseling Agencies serving your Couniv are listed at the end of this Notice. If you have any aaestions, von may call the Pennsylvania Housing Finance Agency toll free at 1-~0-342-2397 (Persons with impaired bearing can call (7171780-1869.1 This Notice contains Important legal information. If you have any questions, representatives atthe Consumer Credit Counseling Agency may be able to help explain it. You may also want to rnntact an attorney in your area. The local bar associatian may be able to help you find a lawyer. LA NOTIFICACION"EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION lNMEDITAMENTE LLAMANDO ESTA AGENCIA {PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Sherry L Guise PROPERTY ADDRESS: 107 Sprace St. Carlisle. PA 17013 LOAN ACCT. NO.: 04@-03-U49Q3300171b ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank. NA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FIIVANCIAL ASSISTANCE WHICH CAN SAVE Y04TR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, . AND * IF YOU MEET OTHER ELIGIBILITY REQU[REMENTS ESTABLISHED BY THE PENNSYLVAN[A HOUSING FINANCE AGENCY. TEMPORARY STAY OFFORECLOSURE -Under the Act, you are entitled to a temporary stay of fareclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN (33) DAYS OF THE DATE OF THI$ NOTICE. ]F YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE OF TO DATE. CONSUMER.CREDITGOUNSELING AGENCIES - !f you moat with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. Ths names, addresses and teleg~one numbers ~f desiurrated consumer credit courrs~li~g agencies for the county in which tht uropertx is located are set forth ~e end of this Notice. It is only necessary to schodule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply far financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Horneawrrer's Emergeatcy Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies !rave applications for the program and they will assist you in submitting a complete application to the Pennsylvatria Housing Finance Agency. To temporarily stop the lender 5'Qrtr frlirrg a foreclosure action, your application MUST be forwarded to PHFA and received within thirty {30) days of your face-to-face meeting with the counseling agency. YOU SHDULD FILE A IfEMAP APPLICATIONAS SOONAS POSSIBLE IF YOU HAVE A MEETING WITHA COUNSELINGAGENCY WITHIN33 DAYS OF TXEPOSTMARl~CDATE OF TXIS NDTICEAND FILE ANAPPLICATTON WITH PHFA WITHIN 3Q DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARIL Y PREVENTED FROM STARTING A FORECLOSUREAGAINST YOUR PRDPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE" YOUHAVE THE RIGHT TOFILEA XEMAPAPPLICATIONEVENBEYOND THESE TTMEPERIOD_S A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TTME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The. Pennsylvania Housing Finance Agency has sixty (ti(}} days to make a decision after it receives your application. Dutitsg that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: iF YOU ARE CURRENTLY PROTECTED liY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply far Emergency Mortgage Assistance.) IiOW TO CURE YOUR MORTGAGE DEFAULT !Bring it up to date). {ACT 6) NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: l07 Spfuce St. Carlisle. PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts arc now past due: Monthl~~a~tnents in the amounts of $279.79 for each of the months from December 2009 through May 2010. Other charges (explain/itemize): Late Charges of: $8.00 TOTAL AMOUNT PAST DUE: $1.614.99 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,bI4.99, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH 9ECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certi$ed check or money order made payable and sent to: PNC BANK, NA, 2730 Liberty Avenue, 2nd Floor, Mailstop: PS-PCLC-02-N, Pittsburgh, PA 15222 IF YOU DO NOT C~JRE THE DE)~ULT - If you do not cure the default within THIRTY {30) DAYS of the date of this Nona, the knder intonds to exercise its rights to accelerate t>~e mort~e debt. This means that the entire outstanding balance of this debt will be considered due immodiately and you may lose the chance to pay the mortgage in monthly installments. if full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon yoar morkeaeed nroaerty. iF THE MORTGAGE IS FORECLOSED UPON -The mortgage property will be sold by the Sheriff to pay off the mortgage debt If the lender refers your c~sc to its attorneys, but you cure the delinquency before the leader begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were acxrmlly incwred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you awe tht lender, which may also include other reasonable costs. If you cure the default ti-ItMin the THIRTY t301 DAY period, you will cot be required to nsv attorney fees. OTAER LENDER R~MEDiES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. ....... RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-- If you have not cured the default within the THIRTY (3(}} DAY period and foreclosure proceedings have begun, you still have the right to cure default and prevent the sale at any tinge un to any hour before the Sheriffs Saie You may do so~vin~the total amount then p t due plus any late or other chargg~then due reasonable attorney's fees and costs connected with the fareclosure sale and any other costs connected with Sheriff's Sale. as_snecified in writing by the lender and by uerfatmina any other reauiremeMS under the mort¢aee. Curing your default In the manner set forth in this notice will restore your mortgage to the same position as if you bad never defaulted. EARLIEST POSSIBLE SHERIFF'S SAI.~,~ATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately siz (67 months from the Date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sate. Of course, the amount needed to cure tl-e default will increase the longer you wait, You may find out at arty time exactly what the required payment or action will be by contacting the lender. HOW Tp CONTACT TEiE LEN©ER Name of Leader; PNC Beak. N.A. ~-ddress: 273Q Liberty Aveeae. 2nd Floor. Mauston: P5-PCL,~-02-N. Pittsbnreh. PA [5222 Phone Namber: 1-500$1Mit}27 Fax Namber: 14[2)768-3562 Coatact Persoa: Psal Sharkadv E-Mail Address: Panl.$harlcadvtalPNC.com EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT_ (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TiMFS IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT 1NSTTTU7'ED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, original sent: U.S. Mail certified, postage prepaid copy sent: First Class, U.S. Mail, postage prepaid ~~~~R Paul Sharicady PNC Bank, National Association r ~ ~ o ~p'~j ~ Z U1 «m. ~j ~ .g' Q ~$Q a 9L ^~ .. ta; + ~~ ~ i r ~ = O ~ ~ ro ~ O ~ ~.. 1 O a No mtOV m po ~_~ l(Rl y rp x ~ >Z g i N yCX i$~5. j W ~m W N j V `\ ~. J f ~ m ~ ~ i ; I j ! ; 1 j r ; c. •„ f f ! i I 1, ~ € ~ ~. ' % ~ i ~. 'ni ~ ~ ~m f~i~± 3N IO{~ I ~~ D~~~~j 0000 Imo, 3 $ ~ ~~ NON j i0_(,_. (D mg A WI ~ ~ ~,$ ~ i ~ ~ ~ i ~ ~ ~ ~ i ~ ~ I 1 ~~ ~ ~' j~ € ~ ~ 4~~ f ~ j I ! ~ ~ 1 11 1 ~ 1 E ~ ~ :' I E + ~ ~ I i j~ y~ `~ N n m O (~ O~ i O I O ~ O j ~ ;. N ~°'Q~~~ '1 ( Ql ~ { ~ A i A j Al a~ 3 4 m ~ °` m ~ T ~ ~ 5 m N ~ N i N `. N `~ N i IV I fD a ~a ~a . O i O ~ O ~ O j O I O i ~ o` t } F I ~ ; ~ ~ I ? m I j ~ ~ ~ i m Q i I ~ fII 0 m ~ z ~ s im < D I ~ i ~ lro"'m I '~ -.._ _._.__.~.~_..__.. __1._______i ~ __.___._.~ I ,mom s ~ ~ I m i i ~~av ~ t ! p ~ m ~ ! ~ ~~. 1 I ,~~ i ~ "~ .. _.3 +. ~ 'ro..~ ..~ _. .. _. ....... .. .w ..~..~.. I f ; ~ O E I N j N.~ N N ~ N N 1~ ..~,_._ ~.________.___~i____._ ~ ~ ~_____~f ` . CNjt ~ CNI~ ~ CT f CT ~ W i N ~ A O~ ~ O ~ O ~ O O { tp { 1 ! 1 1 [ a a N A ~ b Q N 3 x ~ $' C C ~ ~ ~ _ v V ^Op^ ~ ~ A iy g~ m mR ~a ano^ ~m~~ s 3 A a R _ N' m ~ O. ~ ~ m ~~~m Vl A~s'.po~ 3~ r ~~$~,~~ v . ~ . u It ~~ ~ VERIFICATION as an ~f~G, ~ of PNC Bank, National Association within named, do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true to the best of my information and belief. I understand that the false statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ ~d /~ ~ ' 'c ~//l , r ~~ ~i ~i jiif ' / l Title ~tiC.~~®JG~C~a, ~~ ,,: ~' _ ~e'L~ BANK FIN:392756-1 000011-148514 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB, NATIONAL ASSOCIATION, Plaintiff, vs. GLENN L. GUISE AND SHERRY L. GUISE, Defendants. c r-0 a CD ...1 CIVIL DIVISION = -+ 2 rrn C M _ M cn r- r-- r- M ? cn C) No. 2011-190 , r <(= z° PRAECIPE TO SETTLE AND DISCONTINUE Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 bsolomon a tuckerlaw.com Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB, NATIONAL ASSOCIATION, Plaintiff, vs. GLENN L. GUISE AND SHERRY L. GUISE, Defendants CIVIL DIVISION No. 2011-190 PRAECIPE TO SETTLE AND DISCONTINUE TO: PROTHONOTARY, CUMBERLAND COUNTY Kindly settle and discontinue the action filed in the above-captioned matter in favor of the Plaintiff, PNC Bank, National Association, AS Successor by Merger to CCNB, National Association, and against the Defendants, Glenn L. Guise and Sherry L. Guise. By: Swo d subscribed before me this \ day of July, 2011. My Commission Expires: COMMONWEALTH OF PENNSYLVAMA Not" Seal Kely 1. MW* Notary Public CRY Of Also" Cm* My CC wMulonPb nEExpirw Mew 23, 2M3 Member. PennsyWr4a Aseo sdw of Notaries BANK FIN:411855-1 000011-148514 Pa. I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212