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Home My WebLink About12-0435 It ILUD-OF ICE STEPHEN M. HLADIK, ESQUIRE ATTORNE??&4MM TARY ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue P.O. Box 1489 North Wales, PA 19454 (215) 855-9521 RE IEF DE ?OIIJ,o 27 lI: 3 CUMBERLAND COUNTY PE,Ni? 'i L ANIA PARTNERS FOR PAYMENT L COURT OF COMMON PLEAS OF III, LLC CUMBERLAND COUNTY, PA 3748 West Chester Pike, Suite 103 Newtown Square, PA 19073 PLAINTIFF, V. SCOTT A. DUNCAN and JENNIFER M. DUNCAN, 923 Petersburg Road Carlisle, PA 17013, DEFENDANTS. NO: 0010-1- L/ 3S eV/ / COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE 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. ULI) are} % 103. ?s pd aN 0 k- ?rs?93 2W 0)030$ 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 REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. LE RAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue P.O. Box 1489 North Wales, PA 19454 (215 855-9521 PARTNERS FOR PAYMENT RELIEF DE, COURT OF COMMON PLEAS OF III, LLC CUMBERLAND COUNTY, PA 3748 West Chester Pike, Suite 103 Newtown Square, PA 19073 PLAINTIFF, V. SCOTT A. DUNCAN and JENNIFER M. DUNCAN, 923 Petersburg Road Carlisle, PA 17013, DEFENDANTS NO: COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff hereby complains against Defendant as follows: 1. Plaintiff is Partners for Payment Relief DE, III, LLC, ("Plaintiff'), with an address of 3748 West Chester Pike, Suite 103, Newtown Square, PA 19073. 2. Plaintiff is the current holder of the mortgage described below (the "Mortgage"): (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc. MERS Mortgagor: Scott A. Duncan and Jennifer M. Duncan (b) Date of Mortgage: August 31, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds County: Cumberland Mortgage Book: 1965 Page: 2931 i Date: September 11, 2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No.1019 (g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignment: Assignor: Mortgage Electronic Registration Systems, Inc. as Nominee for Advanced Financial Services Inc. Assignee: Partners for Payment Relief DE, III, LLC Date of Assignment: August 10, 2011 Recording Date: August 31, 2011 Instrument No.: 201124279 3. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment. 4. Contemporaneous with execution of the Mortgage, Defendants executed a Note (the "Note"). A true and correct copy of the Note is attached hereto and marked as Exhibit "B." 5. The real property which is subject to the Mortgage is generally known as 923 Petersburg Road, Carlisle, PA 17013. A true and correct copy of the legal description is attached hereto and marked as Exhibit "C." 6. The name and mailing address of Defendants is: Scott A. Duncan and Jennifer M. Duncan 923 Petersburg Road, Carlisle, PA 17013. Defendants also maintain an address at 904 F Street, Saint James, MO 65559. 7. The interest of Defendants are as Mortgagors, Real Owners, or both. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of March 1, 2009, and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 9. The following amounts are due as of January 25, 2012: Principal of Mortgage debt due and unpaid Interest currently due and owing currently at $6.15 each day Late Charges at $11.80 and for each month hereafter Title Search Court Costs (filing and service) Attorneys' Fees $21,183.40 $6,256.41 $413.00 $175.00 $203.75 $1,400.00 TOTAL $29 631.56 10. Interest accrues at a per diem rate of $6.15 each day that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 11. The attorneys' 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 Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 12. Notice pursuant to Act 6, was sent to Defendant on December 23, 2011. A true and correct copy of the Notice sent to Defendant is attached hereto and marked as Exhibit "D." WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 9 and 10, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Respectfully submitted, Date: _ d I.Ce t4 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP BY: Stephe ladik, Esquire Attorney for Plaintiff 4 VERIFICATION Stephen M. Hladik, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this Verification on behalf of said Plaintiff, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. Due to the Plaintiff being out of the state and jurisdiction, counsel has been unable to obtain the Plaintiff's verification at this time, which verification, when received, shall be substituted in place and instead of this verification. The undersigned understands that this statement herein is made subject to the penalties of 18 PA. C.S. §4904, relating to unsworn falsification to authorities. Date:__ Z Stephen M. Hla k, sq 're Attorney for Plaintiff J . Prepared lip: Patrick Keegan 25 Enterprise Center. Newport, R1 02842 (800)8278177 Rcmrn -1 o MI':) PA I1! SIPICLAIR ROAD 9R1S?OL PA. 19007 P;ir;c•I \urnber: 40-11-0288-092 Prcmi c? 923 Petersburg Rd Carlisle. PA 17013 j t r ISpace Atmve Thk Line For Recording Date) MORTGAGE ti91ti 1000497000077873F.:,5 fills .A10R"fGAGE: is made this 31st day of August. 2006 beu ccii the 11ur12:120r. Scott A Duncan & Jennifer M Duncan (herein -BorroNk-cr"), and the M(lit"aece. N-lortgaoc Ficctronic Rcgistration Systems, Inc. ("M!316"), (solel'v its nominee Ior l..endcr. as hcrc•inrilicr dchricd, anti Lender's successors and assigns). MFRS is ors .utired and caistine under the Ltk?s of l-?cla4?arc. and has an address rind telephone number ul P.O. Box '.1126. Flint. 'til 485n1 ?i12o. tcl, rRt'Q; /?.??) NA =PS. Advanced Financial S .,viruc , Tnr ,- Eer? t"I.endrr i i? tmpanized in(] existing under the lams of State of Rhoda 1 sl and and ho, ;n address of 25 Enterpri se Center , Newport . R1 02842 Will'RILAN. Borrower is indebted to 1_cnder in the principal stint of t' S. S 50. 000 . 00 uhic•h indebtedness is evidenced bN Bori-mver's note dated August 31, . 2006 and 2006-?(8736 2006 0320 PENNSYLVANIA SECOND MORTGAGE - Ir80 - FNMA/FtItMC UNIFORM INSTRUMENT WITH MERS`j Form 3839 -76N(PA) Amended 6102 } IJ BK1965FIG `931 extensions and renewals thereof (herein "Note"). providing for monthly installments of principal and interest. with the balance of the indebtednes>,, if not sooner paid, due and paval)le on September 6. 2021 TO SECURE to Lender the repayment of the indcbiedncss evidenced by the Note, %vnh interest thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants raid agreements of Borrower herein contained. Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lcnder'? successors and assigns) and to the successors trnd assigns of MFRS, the followil-w ilescrihcd propert} located in the Countv of Cumberl and State of Pennsvlvalm.: See Attached Exhibit A which has the address of 923 Petersburg Rd Is„?. l Carlisle I('11%). Pennsvlv;utitt 17013 iL;t'c'uurl (herein "Property Address"); TOGETHER with all the improvements now or hereaficr erected on the property, and all casenicnts. rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the prc,pcrt?coecred by this Mortgage; and all of the foregoing, together with said property (or the leasetu?id estate it this Mortgage is on it leasehold) are hereinafter referred to :is the "Property." Borrower undcntancls and a,recs that MERS holds only legal title to the interests grained by Borrower in this Morteawr: hut, it necessarv to comply with law or custom. MEERS, (as nominee lotl Lender and Lender's successor, ;ai(l assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right in foreclose and sell the. Property; and to take any action required of Lender including, but not limited ti), rclensinct or canceling this Mortgage. 130 NONVer covenants that BorrowC1 is laulully seised of the estate hereby conveyed and ha the richi to mortg tf,e, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally tilt MIc tr, the Property against all Claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and bender cuven;rn( and agree as follows. 1. Payment of Principal and Interest. Borrower shrill promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges "is provided in the Note. 2. Funds ror Taxes and Insurance. Subject to applicable law or a written waiver h, Lender. Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full. a sum ihcrein "Funds") equal to one-twelfth of the yrarly taxes and 2006-7,8736 `` 2006- 0320 C 76NWAj J' . Earn 31339 J i:) 8K 1 965PG12 9 32 nsessratcnis tincltldi]12 condominium and planned unit development assessments, if arN) which rnati attain pi turit? veer this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly prcnaiuran mstalimenis for hazard insurance, plus one-twelfth of yettrly' premium installments for mortl-agc insurance, it ,mn , Al as reasonably estimated initially and from time to time by Lender on the basis of assessments and hills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of FLrnds 10 Lender ur the extent that Borrower makes such payments to the holder of a prior mortgage or deed ?f trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in all institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (includin.- Lender if' Lender is such ,try institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and 11round rents- Lender may not charge for so holding and applying the Funds, analyzing said account or ycrifyint, and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds -and applicahic law permits Lender to make such it charge- Borrower and Lender may agree in wrinno at the lime of execution of this Mortgage that interest on the Funds shat] be paid to Borrower, and unless such ;iorecmrtti is made or applicable law requires such interest to be paid, Lender shall not be required (0 pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual .accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds %?as made. The Funds are pledged as additional security for the sums secured by this Morteattc. If the amount of the Funds held by Lender, toiamlier with the future rnonthIv installments of Funds pa'vable prior to the due dates of taxes, assessments, insurance prenaiuns and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due. such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. It' the amount of the Funds held by Lender shall not be sufficient to par uaxcs, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay In Lender am amount necessary ua make up the deficiency in one or more payments as Lender may require. Upon payment in full of, all sums secured by this Mortgage, Lender shall promptly refund !o Bori-Owci uv Funds held by Lender. ]f under paragraph 17 hereof the Property is sold or the Property is inhcrnvisc acquired by Lender, Lender shall apply, no later than immediately prior to the sale ref thc• Property ur its auiuiSjIion by Lender, any Funds held by Lender at the time of application as a credit :ieainst the SLIMS Secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment 01 amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note_ 4. Prior Mortgages and Deeds of 'c'rust; Charge; Liens. Borrower shall perform all of Borrower's obiicaiions under any mortgage, deed of tryst or other security agreement with a lien which hats priority o',cr this "iu t a c, including Borrower's covcnaalls to mal:r payments system due. Biarrvsacr Shall pay or cause to he paid all taxes assessments and other charges, fines and impositions attributable to the Property which na::y ,main a priority over this Mortgage, and leasehold payments or ground rents, if any. a. Haaard Insurance. Borrower shall keep the improvements now existing or here;anci erected ern tiro Propcm insured against loss by fire, hazards included within the term "extended coverage.' and such other haz;uds as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing tlae insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a starndard mortgage clause in favor of and in a form acceptable to Lender. Lender shall bare the right to !told the policies and renewals 2006-77873b ,'- r?Q06 0320 (M-76WPA) -_- 1, t ? Form 3839 BK 1965PG2933 thereof, subject to the terms of any mortgagc, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. 11 the Property is abandoned by Borrower, or if Borrower rails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that (lie insurance carrier offers to settle a claim liar insurance bcneliis, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums. Planned Unit UeNclopments. Borrower shall keep the Property it] oood repair and shall not commit Waste or Pernnit impairment or deterioration of the Property and shall comply with the provisions of any icasc if this Mortgage is on a leasehold. If this Mortgage is on it unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or 1.!6ver1li12 the CondOnailliUm or planned unit development, the by-lavvs and regulations of the condominitun or platnn. d unit development, and constituent documents. 7. Protection of Lender's Security. 11 Borrower fails to perform the covenants and agreemenis contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is nec:cssary io protect Lender's interest. If Lender required mortgage insurance as a condition of making the Iran secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any; amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lcnder a?rec to other terms of payment., such amounts shall be payable upon notice from Lender to Bornmcr requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any espciisc or take any action hereunder 8. Inspection. Lender may [Hake of cause to be made reasonable entries upon and inspections o1 the Property. prodded that Lender shall give Borrower notice prior to any such inspection specifying reasonablc cause therefor related to Lender's interest in the. Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or pan thereof, or for conveyance in lieu of r andcmnation, are hereby assigned and shall be paid to I.cudcr, subject to the icrtns t,f any mortgage. deed t,f trust or other security agreement with alien which has priority over this Murtease. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage grained by lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the tai ipinal Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment err otherwisc modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preelude the exercise of any such right or remedy:.. 2006-778736 2006 0320 ?w_ 76NIPA1 Form 3839 SKI965PG2934 11. Successors and Assigms Bound; Joint and Several Liability; Co-signers. The covcnant,, and agreements herein contained shall bind, and the rights hereunder shall inure to, the respectivc successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convev that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modil'y, lorbear, or make any other accommodations with regard to the tenets of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Monp:wc as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another mann(:r, ta) any notice to Borrower provided for in this Mortgage shall he given by delivering it or by tnailm such notice by certified mail addressed to Borrower at the Property Address or at such nthrr address as Borrower tnav designate by notice to Lender as provided herein, and (b) any notice to I_cridur shall he -,ivcn b) ccrtihed mail to Lender's address stated herein or to such other address as Lender m i r designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deumed for have been Given to Burrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall he the laws of the jurisdiction in which the Property is located. The foregoing sentence shall nut limit the applicability of federal law to this Mortgage. In the event that any provision or clause of this ivlortgarpe or the Note conflicts with applicable law, such conflict shall not affect other provisions of this, ;;\Iort>>agc M the Note which can be given effect without the conflicting provision, and to this end the provkions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "auc,rnc?s' fees" include all sums to the extent not prohibited by applicable law or limited herein. Id. Rorruwer's Copy. Borrower shall be lurnished a conformed copy of the Note and of this Mongagc ;11 flit time of execution or after recordation hereol. 15. Rehabilitation Goan Agreement. Borrower shall fulfill all of Borrower's obligations under any ]Ionic rehabilitation, improvement, repair, or other loan agreement which Borrower enters intr. with lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender. in a form acceptable to Lender, an assignment of any rights, claims or del'enses which Borrower Inav have a<aainst parties s,ho supple labor, materials or services in connection with improvements made to tile ?Propcm . 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Prupeny or ;mv intctest in it is sold or transferred (or if a beneficial interest in Borrower is sold m transicrrcd ;11111 Borrower is no! a natural person) without Lender's prior written consent, Lender may, at its option, require inurtcdiate payment in full of all sums secured by this Mortgage. however. this. option shall not be cxerciscd by Lender it exercise is prohibited by federal law as ul the date of this Mortgage. If Lender exercises this option. Lender shall Borrower notice: of acceleration. -Ihc notice shall provide :1 period ol' not less than 30 days from the date the notice is delivered or mailed a iihin xhich Bunower must pay all suns secured by this Mortgage. 11' Borrower fails to paV these sums prior to the expiration of this period, Lender may invoke any remedies permilled by this Mortgage without further notice m demand on Borrower. 2006-778736 2005 0320 -- -76N(PA) Form 3839 9KI9o5PG2935 NOV' t'NIFORki COVENANTS. Borrowcr and lxnder turthcr covenant and acre( as follm,.s 17. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage. Lender prior to acceleration shall give notice to Borrower as provided by applicable law specifying, among other things: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by %%hich such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and safe or the Property. The notice shall further inform Borrower of the right to reinstate alter acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. 11' (tie breach is not cured on or before the (late specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediarel} due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding till expenses of foreclosure. including, but not limited to, reasonable attorneys' fees, and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding. Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings hcgun by Lender to V11force this Mortgage discontinued at any tune prior to at least one hour before the romrncnccnzent of bidding at a sheriff's sale or other sale pursuant to this Mortgage if: (a) Borrower pats I.ender all starts which would be then due under this ``Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other eovenams or agret:nrents of Borrower contained in this Mortgagc: tc) Borrower pays all reasonable expenses incurred by Lender in cnlorcing the covenants and agreements of Borrower contained in this Mortgage and in enlorcine Lender's remedies as provided in parapraph 1 1 hereof, including, but not limited to, reasonable attorneys fees; and (di Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Leader's interest in the Property and Borrower's obligation to pat' the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full duce and effect as it no acceleration had occurred 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder. Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall. prior to acceleration under paragraph 17 hereof' or abandonment of the Property. have the ri,(,ltt to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property. Lender, in person, by aunt or by judicially appointed receiver shall be entitled to enter Upon, tale possession of and mana;,c the Properts:end it) collect the rents of the Property ineludin those past due. All rents collected I)v Lender or the reccix,cr shall be applied first to payment of the costs of management of the Property and collection of rcnis, including, but not limited to, receiver's lees, premiums on receiver's bond and reasonable attorneys' lees, and than to the stuns secured by this Mortgage. Lender and the receiver shall he liable to account only for those rents actually received. 20. Release. Upon payment of all stints secured by this Mortgage. Lender shall discharpc this \1ortgape \aithout charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Interest Rate After Judgment. Borrower agrees that the interest rate payable atler a jud''tttertl is entered on the Note or in an action of mortgage foreclosure shall he the rate stated in the Notc- 2006.778736 76NIPAI 2006 0320 Form 3839 Unl965PG2936 Rl QUESi' FOR NOTICE OF DEFAULT -- ---- ----- -I'- rvna 1,kJ3Unr c;ivur K ')tjYLKIVK- ---- MORTGAGES OR DFFI)S OF TRUST Bwro?kcr and Lender request the holder of any mortgage, deed of trust or other encumbrance wish a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page 011C 011 this v9urteage, of any default under the superior encumbrance and of any sale or other furce!os Ire action. IN WI ! NESS '`WHEREOF, Borrower has executed this MorlLnwe. scal Scott A Duncan t3?„m%,.C.r (Sea!) JGnn i fer' M Duncan ) -- -- --- (SC, - ---._ --- (Seal ) -Bo rt,mv -B+un.?urr (Seal) --- ----- - -- _- ISeah BUrrUwer Bair, ,vrr (Seal) - ---- (Seal) Borrn„cer Barm ,,cr fsh> ll O tiginal 0?11N) 2006-778736 2005- 0320 -76N(PA) Form 3839 BK1365P('%937 ('O1it)N11'LALT}i O} I'E1rNSYLV,INIA, Cumberland County ss: On this, the 31st day of August. 2006 , before me, the undersigned officer, personally appeared Scott A Duncan & Jennifer M Duncan known to me (or satisfactorily Provenr to be the person(s) Mlose nanic(s) is/are subscribed to the witltin instrument and acknowledged that hr:she/thev cxccuied the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set m}' hand and official seal. ti9v t'nmmission 1-wires: COMMONWEALTH OF r_yLVAN1A NntariaSel Sea] Sus 3n K. h•OsMlas Notary Pubk M I , gettsbury Tv p., York County Y CrnnIi',I In Expires Duty 26.2007 Me bee. P?m6Mv j 4cc xip•hn Of r Nr>tArig3ts -z- --",/ L Il?lr nl Uniirt _.. -- Certificate of Residence 1, MIS/PA WI,4- (10 hereby ceriifv that the coned address of the within-narned Mortgagee is P.O. Bo_y 2026, Flint, NII 48501-2026_ Witness in) hand this 31st day of August . 2006 MIS/PA 2006-7787:36 WYE'-76NIPA) _ ,?• r ?? t T BK 1 965PG2) 938 Ahem 'rt Morrpagee 2006 0320 Form 3839 • 1 L 9 Secondary Mortgage Loan phis agreement is subject to the provisions of the Secondary Mortgage Loan Arr. NOTE August 31. 2006 /heir Carlisle On 923 Petersburg Rd Carlisle. PA 17013 Property Address PA Stare 1. BORROWF,R'S PROMISE TO PAY III return for a loan Ihat I have received, I pronuse to pay U.S. $ 50, 000. 00 ((his amount will he called "principal"), plus interest, to the order of the Lender. The Lender isAdvanced Financial Services. Inc. . I understand that the Lender may transfer this Notc. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Bolder." 2. INTEREST will pay interest at a yearly rate of 13.'750 %. Interest will he charged on unpaid principal until the hall amount of principal has been paid. 3. PAYMENT'S 1 will pay principal and interest by making payments each month of U.S. $ 657 .50 i will make my payments on the 6th day of each month beginning on October 6 2006 . 1 will make these payments every month until I have paid all of the principal and interest and any other charges, described below, that I may owe under this Note. If, on September 6. 2021 I still owe amount, under this Note, I will pay all those amounts, in full, on that date. I will wake my monthly payments at 25 Enterpri se Center . Newport , RI 02842 or at a different place if required by the Note Holder. 4. BORROWER'S YAii,URE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments if the Note Holder has not received the full amount of any of my monthly payments by the end of f i f teen calendar days after the date it is due, I will pay a laic charge w the Note Holder_ The amount of the charge will be 5 . 000 % of my overdue payment, but not less than U.S. S 32 .88 and not more than U.S. $ 32.88 1 will pay this late charge only once on any late payment. (B) Default It I do not pay the full amount of each monthly payment by the date stated in Section 3 above, 1 will be in default. Even if, at a tune when I am in default, the Note Holder does not require me to pay immediately in full as described below, the Note Holder will still have the right to do so if I am in default at a later time. (C) Notice from Dote Holder If 1 am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date the Note holder may require me to pay immediately the full amount of principal which has nut been paid and all the interest that I owe on that amount. That date must be at least 30 days alter the date on which the notice is mailed to me or, if it is not mailed, 30 days after the date on which it is delivered to me. (D) Payment of %ote Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back for its costs and expenses to the extent not prohibited by applicable law. 'rhose expenses include, for example, reasonable attorneys' tees. 2006.778736 PENNSYLVANIA - SECOND MORTGAGE - 1180. FNMAIFHLMC UNIFORM INSTRUMENT 76A(PA) ioacel of n> 2006- 0320 Form 3939 f ? 0 1'I11S NO.1'E SEt-I TEE) BY A MORTGAGE In addinwi u, ihr protections given to the Note )'bider under this Mule. ;i !vlortgagc, d;nrd August 31 2Q0 E , protects the Note Holder from passible losses mncli nriebI result if I do not kcrp the pro nose, Mitch I nu,kc in this Note. That Morigagc describes ltow and under what conditions 1 nia, i,r required to make muncdiatc pa`. mcut in lull of all amounts that 1 owe under this Note- 6. BORRONVER'S PAN MENTS BEFORE THEY ARE DUE 1 hate tile I-Mil tr, mike pa}merits of principal at any time before they are clue. A payment of principal onl:, i kn(mn ;a a "prepayment. \? lien I make a prepayment, 1 will tell the Note Holder ut a letter that I ant doing so. A prepmynient of all of the' unpaid principal is kiikm n as a ''full prepayment." A prepayment of only part o(- the unpaid principal is known as a "partial prepavinenl. I ma} make a lull prepayment or a partial prepayment without paying any penalty. The Noic Holder will use all Of rim prepayments io rrdUCC the ;unount of principal that I owe wider this Note- If 1 make a partial prcliayrnum. there will be no delays in tilt: due dates or changes in the aniounts of my monthly payments unless the Note Holder agrees in writing to those delays or changes I inav make a full prepayment at any time. If I choose to make a partial prepayment. the Vote Holder ni:it require me to malx ilir prepayment on the same day that one of my monthly payments is duc- Thu Mote hi,ildcr may al,n require that the amount of m_y partial prepayment be equal to the amount of principal that would hate hre'n part nl niy next nor or more monthlt pa?menis 7. BORROWER'S yy';kl\ 1 "RS I waitc env ncljis to n•quiu the Note Holder to do certain thinps. Those things are: fAl to deniand haynieni of amounts duc (known ;is "prise nuuent"k (B) to give notice that amounts due leave not been paid (known as nr,tice (1t dishonor''), t(', it) obtain an official tenillcanon of nonpayment (known as a 'protest'' ). Anyone else who agrees to keep ihu proniisc, made in this Note, of who ;,!aura to make payments to the Note holder if 1 fail to keep my promises under this Notc, ter who signs this !dote io transfer it to ,omrrme else also waives these rights. These persons are known as guarantor;- ,niches and endorurs 8. GIVING OF NOTICTS Any notice ihai musi be 1,iven to me under this Note will be given by delivering it or bt nmiliii it h% cenificd maul addressed to me at the Property Address above. A notice will be delitrud or mailed t+, me zit a diffc•rc•ni addtl•,s if 1 tlir Note Holder a notice of IM different address. Any notice that must he given to the Note Holder under this Note will be given by mailing it by c;•rrifird mail u> the lute Holder at the addre,, stated iii Section 3 above. A notice will be mailed to the Note Hinder at a different address it I am ?2iven a nwie:e ul'that dillrrrnl adieu,,. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE It more than Une person signs this Note, each of us is fully and personally obligated to pay the full aminint owcel and to keep all 01 the promises made in this Note. Any guarantor, surety, or endorser of this Note (as descrihud in Sccuon 7 ihoce) is also obligated t,, du these things. The Note Holder may enforce its rights under this Note against each of it,, individuall, tit against all of us toecOwr I`his means that any one of us may he required to pay all of the amounts owed under this Note- Ant person who takes w cl nit rights or obligations under this Note will have all of my rights and untat keep all olniv ptonusrs made in this Note. An, person who takes over the rights or obligations of a guarantor, surely, or cndr,r,cr (,f this Nt)tc ix, described in Section 7 ,hove) is also obligated to keep all of the promises made in this Nnic. (Seal) _ _ - ,_?_)?w__ r?., s: it _ •..-?._. ___ _ _ - _ ? 5c al t Scott A D_tnc,m Bmm%tcr jl'nnifdr M Duncan r., &unneer r,.u.?, 1':,r to the, circler of (Seal) aEStD*"1 t norr<nccr \4'ithout recourse yanced Firrtncial SeIrnc. ' tL,l.Xdenitc vice Pre2006-778736 (M.75A(PAI ;n. _ (Seat) 11"i-tower (Seal) il';r 1, ;" ? r,Sr,en Original Genf , ) 2006- 0320 Form 3939 First American Title Insura ice Company SCHEDULE COMMITMENT NO.: 200000891894 ALL THAT CERTAIN TRACT OF LAND SITUATE IN SOUTH MIDDLETOWN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE FULLY DESCRIBED AS: BEGINNING AT A POINT IN THE CENTER LINE OF PETERSBURG ROAD (T-518) AT A DIVIDING LINE BETWEEN LOTS 3 AND 4 ON THE HEREINAFTER MENTIONED SUBDIVISION PLAN; THENCE ALONG SAID DIVIDING LINE NORTH 63 DEGREES 10 MINUTES 00 SECONDS EAST 300.00 FEET TO A POINT; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS 1 AND 4 ON THE SAID PLAN SOUTH 26 DEGREES 50 MINUTES 00 SECONDS EAST 150.00 FEET TO A POINT; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 4 AND 5 ON SAID PLAN SOUTH 63 DEGREES 10 MINUTES 00 SECONDS WEST 300.00 FEET TO A POINT IN THE CENTER LINE OF PETERSBURG ROAD, THj?J'CE ALONG SAIL CENTER LINE NORTH 26 DEGREE3 50 MINUTES 00 SECONDS WEST 150 FEET TO A POINT; THE PLACE OF BEGINNING. FOR INFOR2MTION PURPOSES ONLY THE PROPERTY IS COMMONLY KNOWN AS: 923 PETERSBURG RD, CARLISLE, PA 17013 ...END OF REPORT SK 1965PGZ939 4 -- Partnersfor Payment Relief DE III, LLC 3748 West Chester Pike, Suite 103 Newtown Square, PA 19073 C/o Kerns, Pearlstine, Onorato & Hladik, LLP PO Box 1489 North Wales, PA 19454 December 23, 2011 NOTICE OFINTENT TO FORECLOSE MORTGAGE The MORTGAGE held by Partners for Payment Relief DE 111, LLC (hereinafter we, us or ours) on your property located 923 Petersburg Road, Carlisle, PA 17013, IS IN SERIOUS DEFAULT [because you have not made the monthly payments of $235.93 for the months of March 1, 2009 through December 22, 2011. Late charges and other charges have also accrued to this date in the amount of $401.20. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $8,422.81. You may cure this default within THIRTY (30) DAYS, of the date of this letter, by paying to us the above amount of $8,422.81, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at Partners for Payment Relief DIII, 3748 West Chester-Pike, Suite 103, Newtown Square, PA 19073. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgage property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the r - foreclosure sale [ and perform any other requirements under the mortgage.] It is estimated that the earliest date that such a Sheriff s sale could be held would be approximately June, 2012. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff s sale will end your ownership of the mortgage property and your right to remain in it. If you continue to live in the property after the Sheriff s sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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. [ YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDE THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FFES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, [AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff #.. s $?J { (; Jody S Smith you„tr oC u?nbr f ? aI' 11H E PRO T H0N0T?- f: Chief Deputy n7012 FEB 14 AM 10: 00 Richard W Stewart Solicitor OFF--E OF •I_ ?-.R FF CUMBERLAND COUNTY PENNSYLVANIA Partners for Payment Relifef, DE, 111, LLC Case Number vs. Scott A. Duncan (et al.) 2012-435 SHERIFF'S RETURN OF SERVICE 02/03/2012 08:55 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2012 at 2055 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jennifer M. Duncan, by making known unto Scott Duncan, Husband of Defendant at 923 Petersburg Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM B C , DEPUTY 02/03/2012 08:55 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2012 at 2055 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Scott A. Duncan, by making known unto himself personally, at 923 Petersburg Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $50.00 February 09, 2012 ?,V,1 TIM BLA , DEPUTY SO ANSWERS, RbNI`V R ANDERSON, SHERIFF ;ci GounrySuite Sheriff, Teleeseft. Inc. STEPHEN M HLADIK ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue P.O. Box 1489 North Wales, PA 19454 (215 855-9521 PARTNERS FOR PAYMENT RELIEF COURT OF COMMON PLEAS OF DE, III, LLC, CUMBERLAND COUNTY, PA Plaintiff V. SCOTT A. DUNCAN and JENNFIER M. DUNCAN, Defendants NO: 2012-435 Civil - rn - 70 cr> r' r X° PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: M1J 4,.3 tV tII M s cis c? Kindly substitute the annexed Verification to the Complaint filed in the above- captioned docket. Date: 1 Respectfully S KERNS, PE, & HLADIK, BY: ONORATO Esquire ( 'ri - Q r - y VERIFICATION hereby states that helsk is an agent for the Plaintiff in this action; that hem is authorized to and does take this Verification on behalf of said Plaintiff; and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of hislkefknowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA. C.S. §4904, relating to unworn falsification to authorities. Date: (D'3 ` l L Z e: U1t? w C 1 pany.? - 1 4J i i? iva L STEPHEN M HLADIK ESQUIRE ATTORNEY FOR PLAINTIF ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue, P.O. Box1489, (215) 855-9521 ND COUNTY North Wales, PA 19454-1489 PARTNER FOR PAYMENT RELIEF DE, COURT OF COMMON PLEAS OF III, LLC:, CUMBERLAND COUNTY, PA 3748 West Chester Pike, Suite 103 Newtown Square, PA 19073 NO: 2012-435 Civil PLAINTIFF, V. SCOTT A. DUNCAN and JENNIFER M. DUNCAN, 923 Petersburg Road Carlisle, PA 17013, DEFENDANT. PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter a Default Judgment against Defendants, Scott A. Duncan and Jennifer M. Duncan, and in favor of Plaintiff, Partner for Payment Relief DE, III, LLC, for failure; to answer Plaintiff's Complaint within the time prescribed by Pa. R.C.P. No. 1026 and assess Plaintiff's damages as follows: Amount from Complaint $29,631.56 Additional Interest currently due and owing at at $ 6.15 per diem $319.80 Total damages to be assessed at $?2Ci, together with interest at the aggregate daily rate of $6.15 from March 19, 2012, until the date of entry of final judgment, plus interest thereafter on the judgment, at the rate stated in the subject note, Page 2 of 7 C?? 57(9L( a73v?t 1?a 1. n IMA L'1P_A. plus any costs, expenses, attorneys' fees and all other amounts due and payable under the Note and Mortgage, up through the sale of the mortgaged premises. Respectfully submitted, KERNS, PEARLSTINE, ONORATO & HLADIK, Ilk Date: BY: Stephen 14. H di Esquire Attorney lainti f Page 3 of 7 AND NOW, ?1 `?4• C?? 2)Z? , 2012, Judgment is entered in favor of Plaintiff and against Defendants, Scott A. Duncan and Jennifer M. Duncan, by Default, for want of an Answer, and damages assessed at the sum of as per the above certification. 000 7' Prothonotary Page 4 of 7 STEPHEN M HLADIK ESQUIRE ATTORNEY FOR PLAINTIFF 7 ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue, P.O. Box 1489, North Wales, PA 19454-1489 (215) 855-9521 PARTNERS FOR PAYMENT RELIEF DE, COURT OF COMMON PLEAS OF III, LLC, CUMBERLAND COUNTY, PA 3748 West Chester Pike, Suite 103 Newtown Square, PA 19073, NO PLAINTIFF, V. SCOTT A. DUNCAN and JENNIFER M. DUNCAN, 923 Petersburg Road Carlisle, PA 17013, DEFENDANT. STATE OF: PENNSYLVANIA COUNTY OF: MONTGOMERY 2012-435 AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Defendant: Scott A. Duncan Age: Over 18 Residence: 923 Petersburg Road Carlisle, PA 17013 Defendant: Jennifer M. Duncan Age: Over 18 Residence: 923 Petersburg Road Carlisle, PA 17013 Page 6 of 7 Respectfully submitted KERNS, PEARLSTINF,, ONORATO & HLADIK, LLP By: Stephen M. Hladi v1squire Sworn to and subscribed before me this day of 2012 Notary c / NOTARIAL SEAL MAUREEN J JUSITS Notary Public EMR GWYNEDD TWP, MONTGOMERY CNTY Y Commission Expires Dec 2, 2011 Page 7 of 7 ,, rte.s:3"+9( STEPHEN M HLADIK ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue, P.O. Box] 489, North Wales, PA 19454-1489 (215 855-9521 PARTNERS FOR PAYMENT RELIEF DE, COURT OF COMMON PLEAS OF III, LLC, CUMBERLAND COUNTY, PA 3748 West Chester Pike, Suite 103 Newtown Square, PA 19073, NO PLAINTIFF, V. SCOTT A. DUNCAN and JENNIFER M. DUNCAN, 923 Petersburg Road Carlisle, PA 17013, DEFENDANT. 2012-435 CERTIFICATE OF SERVICE I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Judgment by Default and 236 Notice on the following individuals by first class mail on _ Scott A. Duncan 923 Petersburg Road Carlisle, PA 17013 Jennifer M. Duncan 923 Petersburg Road Carlisle, PA 17013 By: Page 5 of 7 Request for Military Status Department of Defense Manpower Data Center 4D Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Mar-20-2012 13:51:30 Last N First/Middle Begin Date Active Duty Status Active Duty End Date Service ame Agency DUNCAN JENNIFER Based on the information you have furnished, the DMDC does not possess an information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 4101 )4. Ott 14.., Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defensel nk.mil/fag/pis/PC 09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- https://www.dmdc.osd.mil/appj/scra/popreport.do 3/20/2012 Request for Military Status contact. Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. Report ID:JE3NCM9MIV https://www.dmdc.osd.mil/appj/scra/popreport.do 3/20/2012 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Mar-20-2012 13:49:42 C Last First/Middle Begin Date Active Duty Status Active Duty End Date Service Name Agency DUNCAN SCOTT Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. y6t lot i4dt4-0W?- Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL 1-ittp://www.defenselink.mil/faq/pis/PC09SLI)R.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- https://www.dmdc.osd.mil/appj/scra/popreport.do 3/20/2012 Request for Military Status contact. Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. Report ID:U9G0U9FPE0 https://www.dmdc,.osd.mil/appj/scra/popreport.do 3/20/2012 STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 KERNS, PEAR.LSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue, P.O. Box1489, North Wales, PA 19454-1489 (215) 855-9521 PARTNERS FOR PAYMENT RELIEF DE, III, LLLC, 3748 West Chester Pike, Suite 103 Newtown Square, PA 19073, PLAINTIFF, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. SCOTT A. DUNCAN and JENNIFER M. DUNCAN, 923 Petersburg Road Carlisle, PA 17013, DEFENDANT(S). NOTICE OF INTENTI( NO: 2012-435 )N TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Jennifer M. Duncan 923 Petersburg Road, Carlisle, PA 17013, DATE OF NOTICE: March 5, 2012 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. Ifyou do not have a lawyer, go tQ.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 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para. averiguar donde se puede conseguir assitencia legal: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Scott A. Duncan - 923 Petersburg Road, Carlise, PA 17013 Jennifer M. Duncan - 923 Petersburg Road, Carlisle, 17013 By: Stephen adi , Esquire Attorney laintiff STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue, P.O. Box 1489, North Wales, PA 19454-1489 (215) 855-9521 PARTNERS FOR PAYMENT RELIEF DE, III, LLLC, 3748 West Chester Pike, Suite 103 Newtown Square, PA 19073, PLAINTIFF, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PA V. SCOTT A. DUNCAN and JENNIFER M. DUNCAN, 923 Petersburg Road Carlisle, PA 17013, DEFENDANT(S). NO: 2012-435 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Scott A. Duncan 923 Petersburg Road, Carlisle, PA 17013 DATE OF NOTICE: March 5, 2012 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice 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 informawn about_._?.a__ _- 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 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe Ilevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Scott A. Duncan - 923 Petersburg Road, Carlise, PA 17013 Jennifer-M.- Duncan - 923-Petersbur2-R-ead;-E- mli,%k PA 17013 BY A jvl ?1. HlVdik, Esquire for Plaintiff STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue, P.O. Box 1489, North Wales, PA 19454 (215) 855-952.1 PARTNERS FOR PAYMENT RELIEF DE, III, LLLC, 3748 West Chester Pike, Suite 103 Newtown Square, PA 19073, PLAINTIFF, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. SCOTT A. DUNCAN and JENNIFER M. DUNCAN, 923 Petersburg Road Carlisle, PA 17013, DEFENDANT(S). NO: 2012-435 CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, AM6j&p@W 1 to the following Defendants: Scott A. Duncan Jennifer M. Duncan 923 Petersburg Road 923 Petersburg Road Carlisle, PA 17013 Carlisle, PA 17013, By: Stephen ladi , Esquire Attorney or Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-435 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PARTNERS FOR PAYMENT RELIEF DE, III, LLC, Plaintiff (s) From SCOTT A. DUNCAN AND JENNIFER M. DUNCAN, 923 PETERSBURG ROAD, CARLISLE, PA 17013 (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: $29,951.36 L.L.: $.50 Interest FROM 3/28/12 TO 7/6/12 AT $11.28 PER DAY - $1,816.08 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $201.25 Other Costs: Plaintiff Paid: Date: 4/16/12 David D. Buell, Prothonota (Seal) y: Deputy REQUESTING PARTY: Name: STEPHEN M. HLADIK, ESQUIRE Address: KERNS, PEARLSTINE, ONORATO & HLADIK P.O. BOX 1489 NORTH WALES, PA 19454-1489 Attorney for: PLAINTIFF Telephone: 215-855-9521 Supreme Court ID No. 66287 ; OTIIONOTAi' STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 231? APR {6 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP P.O. Box1489, North Wales, PA 19454-1489 (215) 855-9521 PARTNERS FOR PAYMENT RELIEF DE `,tJP BERLAND COUNTY oE s-yt-VANIA COURT OF COMMON PLEAS OF III, LLC, 3748 West Chester Pike CUMBERLAND COUNTY, PA Suite 103 Newtown Square, PA 19073 PLAINTIFF, V. SCOTT A. DUNCAN and JENNIFER M. DUNCAN, 923 Petersburg Road Carlisle, PA 17013, DEFENDANTS. NO: 2012-435 PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Execution in the above matter, and direct the Sheriff to levy on the real property located at 923 Petersburg Road, Carlisle, PA 17013. Amount due $29,951.36 Interest from 3/28/12 to 7/06/12 $ 1,816.08 At $11.28 per day TOTAL $31,767.44 *together with interest at the aggregate daily rate of $11.28, plus costs, expenses, attorneys' fees, and all other amounts due and payable under the Note and Mortgage and for foreclosure and sale of the mortgage premises. Respectfully Date: ?1 ??-- ?.W d at;6 Q So- oo &&F I U5 75 ui. i, to . 5p r r u ??l.eZs ?? a D KERNS, PMRl.$YINE, ONORATO & HLADIK, LL By: Stephen M. Hladik, Es uire Attorney for Plaintiff ?z. as l?ue ? . J? . 60 L4. 14 :T? 9 14 L -7 '7 9-5 LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more fully described as follows: BEGINNING at a point in the center line of Petersburg Road (T-518) at a dividing line between Lots 3 and 4 on the hereinafter mentioned Subdivision Plan; thence along said dividing line North 63 degrees 10 minutes 00 seconds East 300.00 feet to a point; thence along the dividing line between Lots 1 and 4 on the said Plan South 26 degrees 50 minutes 00 seconds East 150.00 feet to a point; thence along the dividing line between Lots Nos. 4 and 5 on said Plan South 63 degrees 10 minutes 00 seconds West 300.00 feet to a point in the center line of Petersburg Road; thence along said center line North 26 degrees 50 minutes 00 seconds West 150 feet to a point; the Place of BEGINNING. BEING further described as Lot No. 4 of the Final Subdivision Plan for Michael Manor, II, prepared by Stephen G. Fisher, R.S., dated May 1, 1986 and recorded in Cumberland County Plan Book 50, page 54. AND BEING improved with a single family dwelling house known and numbered as 923 Petersburg Road, Carlisle, Pennsylvania. BEING the same premises which Joseph Briscese and Mercedes G. Briscese, husband and wife, by Deed dated December 21, 2000, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 236, Page 57, granted and conveyed to Scott A. Duncan and Jennifer M. Duncan, husband and wife. STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue, P.O. Box1489, North Wales, PA 19454-1489 215-855-9521 Partners for Payment Relief DE, III, LLC, 3748 West Chester Pike, Suite 103, Newtown Square, PA 19073, PLAINTIFF, V. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Scott A. Duncan 923 Peterbsurg Road, Carlisle, PA 17013, Jennifer M. Duncan 923 Petersburg Road, Carlisle, PA 17013, DEFENDANT(S). NO: 2012-00435 AFFIDAVIT PURSUANT TO RULE 3129.1 rr ct? -f?. T =Q c: - -'r CID -? N) Partners for Payment Relief DE, III, LLC, Plaintiff in the above-captioned action, sets forth as of the date of the Praecipe for Writ of Execution (Mortgage Foreclosure) was filed, the following was information concerning the real property situate at 923 Peterbsurg Road, Carlisle, Cumberland County, Pennsylvania 17013, the same being more particularly described on Exhibit "A" attached hereto and incorporated by reference: 1. Names and Addresses of Owner(s) or Reputed Owner(s): Name: Address: Scott A. Duncan 923 Peterbsurg Road Carlisle, PA 17013 Jennifer M. Duncan 923 Petersburg Road Carlisle, PA 17013 2. Name and address of Defendant(s) in judgment: Name: Scott A. Duncan Jennifer M. Duncan Address: 923 Peterbsurg Road Carlisle, PA 17013 923 Petersburg Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is of record on the real property to be sold: Name: Address: Partners for Payment Relief DE, III, 3748 West Chester Pike, Suite 103, LLC Newtown Square, PA 19073 Discover Bank 6500 New Albany Road New Albany, OH 43054 c/o James C. Warmbrodt, Esquire 436 7th Avenue, #2000 Pittsburgh, PA 15219 M&T Bank 1 West High Street Carlisle, PA 17013 Sovereign Bank PO Box 844 Albany, New York 14340 Chase Bank, USA NA 3700 Wiseman Boulevard San Antonio, TX 78251 c/o James C. Warmbrodt, Esquire 4367 th Avenue, #2000 Pittsburgh, PA 15219 GMAC Mortgage LLC I100 Virginia Drive PO Box 8300 Fort Washington, PA 19034 c/o Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 4. Name and address of the last recorded holder of every mortgage of record: Name: Address: Partners for Payment Relief DE, III, 3748 West Chester Pike, Suite 103, LLC Newtown Square, PA 19073 Mortgage Electronic Registration Systems Inc. MERS PO Box 2026 Flint, MI 48501-2026 Advanced Financial Services, Inc GMAC Mortgage LLC 25 Enterprise Center Newport, RI 02842 1100 Virginia Drive PO Box 8300 Fort Washington, PA 19034 c/o Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 5. Name and address of every other person who has any record lien on the property: Name: Address: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name: None. Address: 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Tenant/Occupant Address: 923 Peterbsurg Road Carlisle, PA 17013 Domestic Relations Commonwealth of PA Department of Welfare 13 N. Hanover St. P.O. Box 320 Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 I hereby verify that the statements made in this Affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Respectfully submitted, Date: 4 lZ By: KERNS, PEARLSTINE, ONORATO & HLADIK, LLP Stephen M. Hl Attorney for P LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more fully described as follows: BEGINNING at a point in the center line of Petersburg Road (T-518) at a dividing line between Lots 3 and 4 on the hereinafter mentioned Subdivision Plan; thence along said dividing line North 63 degrees 10 minutes 00 seconds East 300.00 feet to a point; thence along the dividing line between Lots 1 and 4 on the said Plan South 26 degrees 50 minutes 00 seconds East 150.00 feet to a point; thence along the dividing line between Lots Nos. 4 and 5 on said Plan South 63 degrees 10 minutes 00 seconds West 300.00 feet to a point in the center line of Petersburg Road; thence along said center line North 26 degrees 50 minutes 00 seconds West 150 feet to a point; the Place of BEGINNING. BEING further described as Lot No. 4 of the Final Subdivision Plan for Michael Manor, II, prepared by Stephen G. Fisher, R.S., dated May 1, 1986 and recorded in Cumberland County Plan Book 50, page 54. AND BEING improved with a single family dwelling house known and numbered as 923 Petersburg Road, Carlisle, Pennsylvania. BEING the same premises which Joseph Briscese and Mercedes G. Briscese, husband and wife, by Deed dated December 21, 2000, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 236, Page 57, granted and conveyed to Scott A. Duncan and Jennifer M. Duncan, husband and wife. Ll Iq 11 STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue, P.O. Box1489, North Wales, PA 19454-1489 215-855-9521 Partners for Payment Relief DE, III, LLC, c/o , 3748 West Chester Pike, Suite 103, Newtown Square, PA 19073, PLAINTIFF, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. Scott A. Duncan 923 Peterbsurg Road, Carlisle, PA 17013, Jennifer M. Duncan 923 Petersburg Road, Carlisle, PA 17013, DEFENDANT(S). NO: 2012-00435 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Jennifer M. Duncan 923 Peterbsurg Road Carlisle, PA 17013 _ Tj Real estate situate at 923 Peterbsurg Road, South Middleton Township, Carlisle, Cumberland County, PA 17013, as more fully set forth on Exhibit "A" attached hereto, is scheduled to be sold at Sheriff's Sale on September 5, 2012 at 10:00a.m. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the Court Judgment of $29,951.36, (plus any additional interest and costs) obtained by Partners for Payment Relief DE, III, LLC, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sale you must take immediate action. The Sale will be stopped if you pay Partners for Payment Relief DE, III, LLC, (c/o Wilshire Credit Corp.), back payments, late charges, costs, and reasonable attorneys' fees due. To find out how much you must pay, you may call: Stephen M. Hladik, Esquire 298 Wissahickon Avenue North Wales, PA 19454 Telephone number 215-855-9521 3. You may be able to stop the Sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 4. You may be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 8. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390. 9. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the value of your property. 10. The Sale will go through only if the buyer paid the Sheriff the full amount due in the Sale. To find out if this happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 11. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 12. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 13. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff on or before October 5, 2012. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after filing the Schedule of Distribution. 14. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Respectfully submitted, KERNS, PEARLSTINE, ONORATO & HLADIK, LLP n Date: Y By: Stephen M. la k, Esquire Attorney fo aintiff LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more fully described as follows: BEGINNING at a point in the center line of Petersburg Road (T-518) at a dividing line between Lots 3 and 4 on the hereinafter mentioned Subdivision Plan; thence along said dividing line North 63 degrees 10 minutes 00 seconds East 300.00 feet to a point; thence along the dividing line between Lots 1 and 4 on the said Plan South 26 degrees 50 minutes 00 seconds East 150.00 feet to a point; thence along the dividing line between Lots Nos. 4 and 5 on said Plan South 63 degrees 10 minutes 00 seconds West 300.00 feet to a point in the center line of Petersburg Road; thence along said center line North 26 degrees 50 minutes 00 seconds West 150 feet to a point; the Place of BEGINNING. BEING further described as Lot No. 4 of the Final Subdivision Plan for Michael Manor, 11, prepared by Stephen G. Fisher, R.S., dated May 1, 1986 and recorded in Cumberland County Plan Book 50, page 54. AND BEING improved with a single family dwelling house known and numbered as 923 Petersburg Road, Carlisle, Pennsylvania. BEING the same premises which Joseph Briscese and Mercedes G. Briscese, husband and wife, by Deed dated December 21, 2000, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 236, Page 57, granted and conveyed to Scott A. Duncan and Jennifer M. Duncan, husband and wife. STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue, P.O. Box1489, North Wales, PA 19454-1489 215-855-9521 Partners for Payment Relief DE, III, LLC, c/o , 3748 West Chester Pike, Suite 103, Newtown Square, PA 19073, PLAINTIFF, V. Scott A. Duncan 923 Peterbsurg Road, Carlisle, PA 17013, Jennifer M. Duncan 923 Petersburg Road, Carlisle, PA 17013, DEFENDANT(S). COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2012-00435 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Scott A. Duncan 923 Peterbsurg Road Carlisle, PA 17013 -77 1 r r ._ T ?, f CD -? ; CD W.f., CID rJ =r, Real estate situate at 923 Peterbsurg Road, South Middleton Township, Carlisle, Cumberland County, PA 17013, as more fully set forth on Exhibit "A" attached hereto, is scheduled to be sold at Sheriff's Sale on September 5, 2012 at 10:00a.m. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the Court Judgment of $29,951.36, (plus any additional interest and costs) obtained by Partners for Payment Relief DE, III, LLC, against you. a %I NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sale you must take immediate action. The Sale will be stopped if you pay Partners for Payment Relief DE, III, LLC, (c/o Wilshire Credit Corp.), back payments, late charges, costs, and reasonable attorneys' fees due. To find out how much you must pay, you may call: Stephen M. Hladik, Esquire 298 Wissahickon Avenue North Wales, PA 19454 Telephone number 215-855-9521 1. You may be able to stop the Sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 2. You may be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the value of your property. 3. The Sale will go through only if the buyer paid the Sheriff the full amount due in the Sale. To find out if this happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. r 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff on or before October 5, 2012. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after filing the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Date: + r ; Respectfully submitted, KERNS, PEARLSTINE, ONORATO & HLADIK, LLP By: Q vz - Stephen M. 1 i , Esquire Attorney for laintiff LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more fully described as follows: BEGINNING at a point in the center line of Petersburg Road (T-518) at a dividing line between Lots 3 and 4 on the hereinafter mentioned Subdivision Plan; thence along said dividing line North 63 degrees 10 minutes 00 seconds East 300.00 feet to a point; thence along the dividing line between Lots 1 and 4 on the said Plan South 26 degrees 50 minutes 00 seconds East 150.00 feet to a point; thence along the dividing line between Lots Nos. 4 and 5 on said Plan South 63 degrees 10 minutes 00 seconds West 300.00 feet to a point in the center line of Petersburg Road; thence along said center line North 26 degrees 50 minutes 00 seconds West 150 feet to a point; the Place of BEGINNING. BEING further described as Lot No. 4 of the Final Subdivision Plan for Michael Manor, II, prepared by Stephen G. Fisher, R.S., dated May 1, 1986 and recorded in Cumberland County Plan Book 50, page 54. AND BEING improved with a single family dwelling house known and numbered as 923 Petersburg Road, Carlisle, Pennsylvania. BEING the same premises which Joseph Briscese and Mercedes G. Briscese, husband and wife, by Deed dated December 21, 2000, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 236, Page 57, granted and conveyed to Scott A. Duncan and Jennifer M. Duncan, husband and wife. STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, 298 Wissahickon Avenue, P.O. Box1489, North Wales, PA 19454-1489 215-855-9521 Partners for Payment Relief DE, III, LLC, c/o, 3748 West Chester Pike, Suite 103, Newtown Square, PA 19073, PLAINTIFF, V. Scott A. Duncan 923 Peterbsurg Road, Carlisle, PA 17013, ATTORNEY FOR PLAINTIFF LLP COURT OF COMMON PL S 1 CUMBERLAND COUN zr- NO: 2012-00435 Z°c .C Jennifer M. Duncan 923 Petersburg Road, Carlisle, PA 17013, DEFENDANT(S). AFFIDAVIT OF SERVICE UPON ALL INTERESTED PARTIES PURSUANT TO Pa. R.C.P. 3129.2(c)(1)(iii) I, STEPHEN M. HLADIK, ESQUIRE, aft rney for Plaintiff in the above- referenced matter, hereby state that on Imo, consistent with the provisions of Pennsylvania Rule of Civil Proce ure 3129.2(c)(1)(iii), I caused written notice of the scheduled Sheriff's sale in the above-referenced matter to be served by first class mail, postage prepaid, with Certificate of Mailing, on all persons named in Plaintiff's Affidavit Pursuant to Rule 3129.1, at their respective addresses set forth in that Affidavit. A true and correct copy of Plaintiffs Affidavit Pursuant to Rule 3129.1 is attached to this Affidavit as Exhibit "A", and is made a part of it. A true and correct copy of U.S. Postal Service Form 3877 - Certificates of Mailing for each notice mailed is attached to this Affidavit as Exhibit "B", and is made a part of it. I hereby verify that the statements made in this Affidavit are true and correct, to the best of my knowledge, informati and belief, and that the statements are made pursuant to 18 Pa. C.S.A § 4 4, relating to unsworn falsifications to authorities. A STEPHEN M. HUMIESQUI STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & HLADIK, LLP 298 Wissahickon Avenue, P.O. Box 1489, North Wales, PA 19454-1489 215-855-9521 Partners for Payment Relief DE, III, LLC, 3748 West Chester Pike, Suite 103, Newtown Square, PA 19073, PLAINTIFF, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PA V. Scott A. Duncan 923 Peterbsurg Road, Carlisle, PA 17013, NO: 2012-00435 Jennifer M. Duncan 923 Petersburg Road, Carlisle, PA 17013, DEFENDANT(S). AFFIDAVIT PURSUANT TO RULE 3129.1 Partners for Payment Relief DE, III, LLC, Plaintiff in the above-captioned action, sets forth as of the date of the Praecipe for Writ of Execution (Mortgage Foreclosure) was filed, the following was information concerning the real property situate at 923 Peterbsurg Road, Carlisle, Cumberland County, Pennsylvania 17013, the same being more particularly described on Exhibit "A" attached hereto and incorporated by reference: 1. Names and Addresses of Owner(s) or Reputed Owner(s): Name: Address: Scott A. Duncan 923 Peterbsurg Road Carlis-le, 'PA 17013 Jennifer M. Duncan 923 Petersburg Road Carlisle, PA 17013 2. Name and address of Defendant(s) in judgment: Name: Scott A. Duncan Jennifer M. Duncan Address: 923 Peterbsurg Road Carlisle, PA 17013 923 Petersburg Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is of record on the real property to be sold: Name: Address: Partners for Payment Relief DE, 111, 3748 West Chester Pike, Suite 103, LLC Newtown Square, PA 19073 Discover Bank 6500 New Albany Road New Albany, OH 43054 c/o James C. Warmbrodt, Esquire 4367 Ih Avenue, #2000 Pittsburgh, PA 15219 M&T Bank 1 West High Street Carlisle, PA 17013 Sovereign Bank PO Box 844 Albany, New York 14340 Chase Bank, USA NA 3700 Wiseman Boulevard San Antonio, TX 78251 -, . c/o James C. Warmbrodt, Esquire 4367 Ih Avenue, #2000 Pittsburgh, PA 15219 GMAC Mortgage LLC I100 Virginia Drive PO Box 8300 Fort Washington, PA 19034 c/o Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 4. Name and address of the last recorded holder of every mortgage of record: Name: Address: Partners for Payment Relief DE, III, 3748 West Chester Pike, Suite 103, LLC Newtown Square, PA 19073 Mortgage Electronic Registration Systems Inc. MERS PO Box 2026 Flint, MI 48501-2026 Advanced Financial Services, Inc GMAC Mortgage LLC 25 Enterprise Center Newport, RI 02842 1100 Virginia Drive PO Box 8300 Fort Washington, PA 19034 c/o Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 5. Name and address of every other person who has any record lien on the property: Name: Address: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name: Address: None. 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Address: Tenant/Occupant 923 Peterbsurg Road Carlisle, PA 17013 Domestic Relations 13 N. Hanover St. P.O. Box 320 Carlisle, PA 17013 Commonwealth of PA Department of Welfare P.O. Box 2675 Harrisburg, PA 1,7105 I hereby verify that the statements made in this Affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Respectfully submitted, Date: (Z By: KERNS, PEARLSTINE, ONORATO & HLADIK, LLP Stephen M. Mad Attorney for Plai LEGAL DESCRIPTION ALL that certain tract of land situate in South Middleton Township, Cumberland County; Pennsylvania, more fully described as follows: BEGINNING at a point in the center line of Petersburg Road (T-518) at a dividing line between Lots 3 and 4 on the hereinafter mentioned Subdivision Plan; thence along said dividing line North 63 degrees 10 minutes 00 seconds East 300.00 feet to a point; thence along the dividing line between Lots l and 4 on the said Plan South 26 degrees 50 minutes 00 seconds Ea! 150.00 feet to a point; thence along the dividing line between Lots Nos. 4 and 5 on said Plan South 63 degrees 10 minutes 00 seconds West 300.00 feet to a point in the center line of Petersburg Road; thence along said center line North 26 degrees 50 minutes 00 seconds West 150 feet to a point; the Place of BEGINNING. BEING further described as Lot No. 4 of the Final Subdivision Plan for Michael Manor. Il,'prepared by Stephen G. 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