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HomeMy WebLinkAbout13-0702IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, CNIL DIVISION No. !3 - '10~ iv.ITerM vs. MICHAEL A. HOLMES, Defendant. I hereby certify that the property to be foreclosed upon is: 84 Deerfield Road Camp Hill, Pennsylvania 17011 Township of Lower Allen Tax Parcel No. -0010-264 Brett A. omon Attorney for Plaintiff CNIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE Filed on behalf of PNC Bank, National Association, Successor by Merger to Pennsylvania State Bank, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 bsolomon(a,tuckerlaw.com Michael C~ Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 . ,-, ~ ~ ~~ c.: .- _ 'r _1 t.. ~ --'4 f'i`t Cti }w ~ ""} !"s-~ _; "; : f_ .; ~-, ~ , ~:~ y f ~ _1; ~1 --P ",S ...~ E-,, _.,~ $103. h5 PQ AT~ ~~~~139 ~ a s~~`~ BANK FIN:387183-1 000011-147109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, CNIL DIVISION Plaintiff, vs. MICHAEL A. HOLMES, Defendant. No. IMPORTANT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK FIN:387183-1 000011-147109 AVISO Le han de mandado a usted en la corte. Si usted quiere defenderse de estas demandas expeustas en las paginas siguientes, usted tiene viente (20) dias de pla/o al partir de la fecha de la demands y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregara la corte enroma ascrita sus defenses o sus objecones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidasy puede continuar la demands en contra suy a sin previo aviso a notificacion. Ademas, la corte puede decider a favor del demande\ante y require que usted cumpla con todas las provisioner de esta demands. Usted puede erder dinero o sus propiedades o ostro derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIALAMENTE. SI NO TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENIRA ESRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK FIN:387183-1 000011-147109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) Plaintiff, ) vs. ) MICHAEL A. HOLMES, ) Defendant. ) CIVIL DNISION No. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES PNC Bank, National Association, Successor by Merger to Pennsylvania State Bank ("Bank"), by and through its counsel, Tucker Arensberg, P.C., and avers the following in support of its Complaint in Mortgage Foreclosure: PNC Bank, National Association, Successor by Merger to Pennsylvania State Bank, is a national banking association organized under the laws of the United States of America with a principal place of business at One PNC Plaza, 249 Fifth Avenue, Pittsburgh, Pennsylvania 15222-2707. 2. Defendant, Michael A. Holmes ("Defendant"), is an adult individual whose last known address is 84 Deerfield Road, Camp Hill, Pennsylvania 17011. 3. On or about February 23, 2007, the Defendant executed a Promissory Note ("Note") whereby Defendant promised to pay to the Bank the principal amount of $160,780.00 plus interest as provided therein. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein. 4. The obligations evidenced by the Note are secured by a Mortgage dated February 23, 2007 ("Mortgage") given by the Defendant to the Bank, encumbering certain real property located at 84 Deerfield Road, Township of Lower Allen, Camp Hill, Pennsylvania, as more particularly described herein ("Premises"). The Mortgage was recorded on February 28, 2007 in the Office of the Recorder of BANK F1N:387183-1 000011-147104 Deeds of Cumberland County, Pennsylvania in Mortgage Book Volume 1983, Page 2409. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and incorporated herein. 5. On or about August 4, 2008, the Mortgage was modified pursuant to a Modification Agreement to, inter alia, extend the maturity date. The Modification Agreement was recorded on August 7, 2008 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Instrument No. 200826961. A true and correct copy of the Modification Agreement is attached hereto as Exhibit "C" and incorporated herein. 6. The Defendant is in default of the provisions of the Note for failure to make payment when due and therefore the Defendant is in default of the Mortgage. The Note matured in September 2008 with all amounts being fully due and owing at that time. 7. The Defendant, Michael A. Holmes, is the record and real owner of the Premises. 8. There has been no assignment, release or transfer of the Note or Mortgage. 9. On or about December 10, 2012, Notice of the Plaintiffs intent to foreclose was sent to the Defendant. A copy of the Notice to the Defendant is attached hereto and incorporated herein as Exhibit "D". 10. The amount due to the Bank under the Note and Mortgage as of December 31, 2012 was as follows: Principal $159,759.19 Interest through December 31, 2012 44,113.83 (continuing thereafter at $27.28 per diem) Late Charges 2,121.06 Bank Costs 200.00 Attorneys' Fees 1,425.00 Costs of Foreclosure to be added TOTAL $207,619.08 BANK FIN:387183-1 000011-147109 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of Two Hundred Seven Thousand Six Hundred Nineteen and 08/100 Dollars ($207,619.08), plus continuing interest at the contract rate from December 31, 2012, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. TUCKER ARE ERG, P.C. By: Brett A. olomon, Esquire Pa. I.D. #83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for Plaintiff BANK FIN:387183-1 000011-147109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, CIVIL DIVISION Plaintiff, vs. MICHAEL A. HOLMES, Defendant. No. AFFIDAVIT OF NON-NIILTTARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY I, Brett A. Solomon, Attorney for PNC Bank, National Association, Successor by Merger to Pennsylvania State Bank, being duly sworn according to law, hereby depose and say that the Defendant, Michael A. Holmes, is not a member of the military service of the United States of America to the best of my knowledge, information, and belief. Sworn to and subscribed before me this day of , 2013 Notary Public My Commission Expires: Brett A. Solomon Attorney for Plaintiff BANK FIN:387183-1000011-147109 VERIFICATION I, , as a of PNC Bank, National Association within named, do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true to the best of my information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: By: Title: BANK FiN:387183-1 000011-147109 ruirir rn iaa psev. y/91) ~ ~~,., (. ANitiUAL FIN Itemization of Amount Financed PERCENTAGE RATE The cast of your credit as a yearly rate. ANCE CHARGE The dollar amount No credit will cast you. Amount Financed The amountotcreditpravided to you ar on your behalf. Total of Paymerits Theamountyouwillhavepaidafteryou have made aR scheduled payments. ' Amount Finamxd -_ 9 , 3 8 5 , 6 0 Amount given to you directly 12.•0410 % $4x951.39 $159,385.60 $164,,336.99- Amount paid on your account Your Payment Schedule will be: __ _ __ a means an estimate Amount id to others on our behalf Number of Payments Amount of Payments- ~.-..~-__._,_ .l ~ ----_..-- _ When Payments Are Due _ _ to public officials ~ i ------ $ - ~_. $ .>I;~st o _._-_ _T i~he amount of credit _ _ _ to insurance rompany ----------~~--doutstancding will be paid monthl Variable Rate: ^ The Annual Percentage Rate may increase during the term at this transaction it to notary public ----- Aate i _ __ to - ~ ncreases, The Irteresbrate will not increase atmve ~ %. Any increase will take the form of ~ higher payment amounts. ^ a larger amount due at maturity to . It the Interest rate increases by L%taday; L7 your regular payments wilt increase to $~_; ^ your range el payments will increase to $ and vary to $ (~ your final paymont will increase to $ to _.-._-._..,. Security: You are giving a security interest in: ~ the goads or prop~~y bein purchased. to ~ 84 Deerfield Road Camp Hill, PA 17011 - . Filing Fees $ - - to i Prepayment: I(you pay off early, you wilt not have to pay a penalty. ~ See below and your other contract documents for any additional information about nonpayment, doiault, any required repayment in full before the scheduled date, security interests, and prepayment refunds and penalties. Prepaid Finance Charge 1 , 3 9 4 . 4 0 ______. $ 1 b0, 780.00 PROMISSORY NOTE--TIME 2/23/2007 -.--,t9- FOR VAi:UERECEIVED AND fNTENDING TO BE Lf,GALLY ROUND, you. the person or persons who sign as "Borzower" or "Cosigner" below (if more than one person signs below, each of you. jointly and severalty}, promise to pay to r,~ PENNSYLVANIA STATE BANR or to our order, at any of our branch ofilces, the Principal sum of _QLt~.~131nd~d S iXtk thousand 3f:V en hundred eighty Dollars, together with interest which shall accrue daily on the unpaid Principal balance at the rate oF. ~)~5> 0 % par annum; ^ % per annum above ___-_ -____-______.__.._.__. ___ Rate (the "Variable Rate"}. in no event wilt the interest rate be mare than % or less than _._%. Principal shall be payable ; n fu~1 by September 1 2007 ~~_ Interest shall be payable mom t T Tr~~l2i11 ed T ~_ Security interest: As security for the prompt payment of the sums you owe and the proper Set-OfF.The law givesusa rightof set-0Rinanyof yourproperlyi~ ourpossession at anytime, perfarmanceofyourpromisesinthisNote,youandfheco•ownersgrantusasecurityinterest inc(udingdepositaccounis.Tkfsmeansthat,lfyoudefautt,wemayexercisaourrigytofset-0ft and apply any of your property in our possession,including deposit accounts, to the sums you in ~ the personal property described in a separate Security Agreement ~ the real owe on this Note. prcperty described in a separate Mortgage. tt no box is checked, this Note is unsecured. Payment ofProcoods:YouagreethatanypaymentofailorpartofthepraceedsotthisNotelo Flood Insurance: If checked Q ,insurance is required against flaad damage to any anyorecfycumtoanyoneelseat,hedirectionotanyoneofyouwillbeforthehenefitofatlof Collateral. you. Prepayment; Yna may prepay the Principal due on this Note in whole ur in part at any time Property Insurance against physical damage to any real or personal property securing this without penalty..f periodic payments of Principal andlor Interest are required, however, a Note that is not in our possession is required for the full term of this Note. partial prepayment will oat excuse you tram making any scheduled payment of Principal or FLOOD INSURANCE AND PROPERTY INSURANCE MAY BE'OUTAINEO THROUGH ANY AGENT. interest when it names due, BROKER OR OTHER PERSON OF YOUR CHOICE. THE ADDIiIONAI PROVISIONS ON THE REVERSE SIDE ARE PART Of THIS NOTE. BY $IGNIft BELOW YOU AGREE TO BE LEGALLY BOUND TO ALL OF THE TERMS AND COMDITIONS OF THIS NOTE. ~~ I 0 ACKNOWLEDGE RECEIVING A COMPLETED COPY OF THIS TIASE NOTE. Barr e s slurs ~SFAL) Address - - (SEAL) Barra-~~-+ne~~s gnature address NOTICE TO CO-SIGNER 'You are being asked to guarantee this debt. Think carefully before you do. If the Borrower doesn't pap the debt, you wilt have to. Be sure you can afford to pay u you have to, and that you want to accept this responsibiBty. You may have io pay up to fire full ambunt of the debt ff the Borrower does apt pay. You may also have to pay late tees or collection costa, which increase this amount. The Creditor can collect thia debt from you without Tirst trying to collect from the Borrower. The Creditor ~.an nse the sa!±xe collection methods against you that can be used againat theBortower,such as suing you, etc. If this debt is ever in default, that fact may become a part of your eredit record. Co-Signers Surety AgreemeaC You, the person (or persons) signing as "Co-signer" below, promise to pay to us, or to our order, the Principal sum, plus Interest and other charges, as provided in this Note. You intend to be legally bound byaR theterms of this Note, separatety and together, with the Borrower. You are makingthis promiseto induce us to maketheloen to the Borrower, even though the proceeds wRl be used only for the Borrower's benefit You agree that we may seek immediate payment from you without making any prior demand far payment upon the Borrower. You also acknowledge receiving a completed copy ofthis Note. ->-- - ---- ~~ ~~Sf:AI} Co-Signer s Signature _.__ _ AA re~~-- ate-~ Co-Signe7sSignature w_~ _~S~ Addross __, ~ Date _-_ '- eANCOIVSUMER FORM PA 135 (Rev. 9/91) NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ®]941 eANCANSUMFR SERVICE. INC. ORIGINAL EXHIBIT 6~~~~ ~ ;_ ;~ pEIPRGF DEFT;; 1DG7 FEB 28 R(~ ~ 16 Prepared By: Michele Wendiing 1097 Commercial Avenue F' . 0 . Box 38 Fast Petersburg, PA 17520 800-275-9920 Return To: Pennsylvania State Bank 1097 Commercial Avenue P.O. Box 38 East Petersburg, PA 17520 800-275-9920 Parcel Number: 13-25-~A-z~8'4 00 l O - a ~ Premises: 84 Deerfield Road, Camp Hili PA ,70,1 ~ ~f~bC!~b`1~{~ - [Space Above This Line For Recording Dataj MORTGAGE AEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Suction 16. (A) 'Security Instrument" means this document, which is dated February 23 , 2007 , togetlrex with all Riders to this document (B) 'Borrower" is M i chae I A . Ho I mes Borrower is the mortgagor under this Security Instrument (C) '7.ender" is Pennsy 1 van i a State Bank Holmes, Welis 7150000743 PENNSYLVANIA -Single Family - Fannle MaelFreddie Mac UNIFdRM INSTRUMENT Form 3039 1101 ®-6(PAj ioso6~ Pago 1 of 16 Initial VMP MOrtga9e Soiollons, Inc. (1iQD 291 BK I gg?~C2409 EXHIBIT Lender is a State Banking Association organized and existing under the laws of Pennsy I van i a Lender's address is 2148 Market Street Camp Hill, PA 17011 Lender is the mortgagee undea this Security Instrument. (D) 'TTOte" means the promissory note signed by Borrower and dated February 23 , 2007 The Note states that Borrower owes Lender One Hundred Sixty Thousand Seven Hundred Eighty and 00/100 Dollars (U.S. $160, 780.00 )plus interest. Borrower has promised to pay this debt in regulaz Periodic Payments and to pay the debt in full not later than September 1 , 2007 (E) 'Troperty" means the property that is described below under the heading "Transfer of Rights in the Property •~ (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Ensttument, plus interest. (G) "Riders" means all Riders to this Security Instrument that aze executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: C~ Adjustable Rate Rider 0 Condominium Rider ~ Second Home Rider 0 Balloon Rider ~ Planned Unit L~troelopment Rider ~ 1-4 Family Rider [~ VA Rider ^ Biweekly Payment Ender ®Other(s) [specrfy] Construction (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative Hiles and orders (that have the effect of law) as well as all applicable final, non-appealable judicial oginiotu. (I) "Community Association Daes, Fees, and Assessments" means all dues, fees, assessments and other chazges that are imposed on Borrower or the Property by a condominium association, homeowners association ox similar organization (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper irrstrrrment, which is initiated through an electronic tcm~inal, telephonic instrument, computer, or magnetic tape so as to order, irtstruct, or authorize a finaztcial urstitution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. l~ 'escrow Items" means those items that are described in Section 3. (I,) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by atry third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction o>y the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv} misrepresentations of, or omissions as to, the value andlor condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan_ Holmes, Wells 7150000743 mn~.a: -6(PA) tosost Page 2 v! 1b Form 3039 1IO1 ~{~ ~ ~~~~a~~# i Q ~ "Periodic Payment" means the reguiazly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settletuent Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instnnnent, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower' s obligations under the Note andtor this Security h3strutnent. TRANSFER OF RIGI-TI'S IN TI1E PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii} the performance of Borrower's covenants and agreements under this Security Instnrment and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County [Type of Recording lwisdiction] of Cumberland [Name ofReeordingJurisdiction]: which cutrentiy has the address of 84 Deerf i e 1 d Road [Street) Camp H't I I [City), Pennsylvania 17011 [zip Code) ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property.,, Holmes, Wells 7150000743 mma~s: -6(PA) rosos) rayea or is Form 3039 1101 m UR ~ 7~~~~2~ S BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and wilt defend generally the title to the Prapery against all claims and demands, subject to any encumbrances of record. THIS SECURiT'Y INSTRUMENT' combines unifaun covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering mzl proPaztY• UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U. S. currency. However, if any check or other instnunent received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Tnsttumcnt be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments aze deemed received by Lender when received at the location denigrated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section I5. Lender may return any payment or partial payment if the payment or partial payments aro insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refirse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the tune such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lendet may hold such unapplied funds until Borrows makes payment to bung the Loan current If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. Tf not applied earlier, such fiords will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and ageements secured by fhis Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise descnbed in this Section 2, all payments accepted and applied by Leader shall be applied in the following order of priority: (a} interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to nay other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay a~ late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be Holmes, Wetls 7150000743 lnitlals: -6(PA) (osos~ vas=+ or ~s Form 3039 1161 paid in full_ To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess maybe applied to any late charges due. Voluntary prtpayments shall be applied first to any prepayment charges and then as desenbed in the Note. Any application of payments, insurance procteds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance requtred by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurartce premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly firrnish to Lendet all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Ttems at any time. Any such waiver tray only be in writing. In the event of such waiver, Borrower shall pay directly, whin and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall fitrnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agrtement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then ragttued under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amaunt a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of cttrttnt data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, insttumentaliry, or entity (including Leader, if Lender is an institution whose deposits are ~ insural) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lerxler shall not charge Borrower for holding and applying the Funds, annually analyzixtg the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. unless an agreemexit is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or tarnings oa the Funds. Borrower and Lender can agree in writing, however, that interest Holmes, Wetls ~ 7150000743 iMOnlr -fi(PA) (osoe) Page s of +s Form 3639 110 t m B~l~~~PG2~-:13 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by 1tESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defused under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RFSPA, but in no more than 12 monthly paytents. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 montlily payments. Upon payment in full of all sums secnred by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attnbutahle to the Property which can attain priority over this Security Instrtunent, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in rho manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enfoxceaneni of the lien while those proceedings are pending, but only until such proceedings aze concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien w}rich can attain priority over this Security Instnunent, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the acrions set forth above in this Section 4. Lender may require Borrower to pay cone-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and Roods, for which Lender requites insurance. This insurance shall be maintained in the amounts (including deductible levels) and for file periods that Lender requires. What Lender requires Pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone deteanirration and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting fom an objection by Borrower. Holmes, Wells 7150000743 Inltlals• -6(PA) (osoe~ Page 6 of 78 Form 3939 1101 ~~ 13~~'~~J2~ f 4 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Bozrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Boaower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice firorn Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of lass, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any instuance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satis6ction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds end shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender' s security would be lessened, the insurance proceeds shall be applied to the. sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and seale any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insuuance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance praxeds either to repair or restore the Property or to pay amounts unpaid under the Notc or this Security Instrument, whether or not then due. Holmes, WelEs 7150000743 Initial -6(PA) (0508) Page 7 of 16 Form 3039 1107 R~ ~ ~s~~~z~ ! ~ 6. Occupancy. $otmwer shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security hrstnrrnent and shall continue to occupy the ?roperty as Borrower' s principal residence for at least one year after the date of occupancy, uriless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time o£ ar prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persoas or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest is the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agteemurts contained in this Security hvst[pmeat, (b) there is a legal proceeding that might significantly affect Lender's interest. in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations}, or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lenders interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lenda's actions can include, but are not limited to: (a) paying arty sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c} paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Holmes, Wells 7150000743 Initisla• -6 (PA) losoa~ vaye s of tis Parm 3039 1101 m ~~ ~ ~~~C'~~~a a b Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instmmertt These amounts shall bear interest at the Note rate fzvm the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance pn=viously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lends shall not be requited to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Instaance. Tf Lender squired Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Irrstuarrce, Borrower' shall pay the premrums required to maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termionation or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower' s obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on ail such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses: These agreements aze on terms and conditions that as satisfactory to the mortgage insurer and the other party (or parties) to these agreements. 'These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amoutrts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifyiung the mortgage insures risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchatge for a share of the premiums paid to the insurer, the arrangement is often termed "captive r+einsutance." Further: (a) Anp such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. Holmes, Wells 7150000743 in~dels• -6(PA)tosae) Page9of16 Form 3039 110t m (b) Any such agreements will not affect the rights Borrower has - if any -with respect to the Mortgage Insurance ender the Homeowners protection Act of 1998 or any other law. These rights cnay include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, ko have the Mortgage Insurance terminated automatically, andJor to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous proceeds; Borfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration ar repair is economically feanble and Lender's security is not lessened. Dtuing such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid orr such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such :Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender' s security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security hrstnunent, whether or not then due, with the excess, if any, paid to Borrower Such Miscellaneous Proceeds shalt be applied in the order provided for in Section 2. Irr the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in valuq unless Borrower and Lertder otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: {a) the total amount of the stuns secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately befoze the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taIdng, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security hrshument whether or not the sums are dren due. If the Property is abandoned by Borrower, or iiy after notice by Lender to Borrower that the Opposing party (as deSned in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Linder within 30 days after the date the notice is given, Lender is authorized to collect sad apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Sectaity Inshrmrent, whether or not then due. "Opposing Party" mesas the third party that owes Borrower Miscellaneous Proceeds or the party against whom Bouower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other matezial impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be Holmes, Wells 7150000743 Initial -6(PA) tasoe> Page 70 of 16 ~` Form 3039 1/09 m °4 ~ 98~RL2~ i II dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Progerty or rights under this Security Instrument. The proceeds of any awazd or claim for damages that aze attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. Al] Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be applied in the order provided for in Sxtion 2. l2. Borrower Nvt Released; Forbearance By Lender Not a Waiver. Extension of the Gme for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Bon•ower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend tune for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of oz preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. however, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Progerry under the terms of this Security Instrument (b) is not personally obligated to pay the sums secured by this Security Instrument and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regazd to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of $orrower's rights and benefits under this Security Jnstrument. Borrower shall not be released fxom Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Inshvrnent, including, but not limited to, attorneys' fees, property inspection and vahration fees. In regard m any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a grohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instnrment or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the chazge to the permitted limit; and (b) any sterns already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the grincigal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrtrrrrent must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to Holmes, Wells 7150000743 Inl6ais~ -6(PAI{osae) Payett d rs Form 3039 1107 $~(~ 9~~~~2~ s 9 have been given to Borrower when mailed by fast class mail or when actually delivered to Borrower' s notice address if sent by other means_ Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein uriless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Inctnmment shall not be demned to have been given to Lender until actually received by Lender. If any notice required by this Security Instnrtncnt is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instnunent 16. Governing Law; Severabillty; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in wtrich the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instnuneat or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the phrral and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 1$. Traasfex of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond far deed, contract for deed, instailrnent sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a ptschaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pemritted by taus Security Instrument without fiutlrer notice or demand on Borrower. 19. Borrower's Rlght to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Insuruent discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrowers right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or Holmes, Wells 7150000743 misai -6(PA) (osos) Page 12 of 18 Fotm 3039 1101 ~~ i 9~3~42w~20 agreements; (c) pays all expenses incurred is enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d). takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or moro of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such chxk is drawn upon an institution whose deposits are insured by a federal agency, instrumentality ~ entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Ser-vicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Secwity Instrument} can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Insttume~nt or that alleges that the other party has breached arty provision of, or airy duty owed by reason o~ this Security hnstrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15} of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes.of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section I8 shall be deemed to satisfy the notice end oppornrnity to take corrective action provisions of this Section 20. 21. Hazardons Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is looted that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial acton, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Nolmes, Wells 7150000743 tnluals -6(PA)la6oe~ Pege 13 of 16 Form 3039 1101 i 933?~;?!~2 i Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. $orrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quanrities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer prnrhtets). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property end any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property- If Borrower learns, or is notified by any govermnental or regulatory authority, or any private parry, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Enviroranental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower`s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to care the default as speciTied may result in acceleration of the sums secured by this Security Instrument, £oreclosare by judicial proceeding and sale of the Property. Lender shall further Inform Bonrower of the night to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Leader at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by jadi©aE proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies grovided in this Section 22, including, but not limited to, attorneys' fees and costs of t[tle evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instnanent and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security lnstmment Borrower shall pay any recordation costs. Lender may charge Borrower a fee fox releasing this Security Instrument, but only if rho fee is paid to a third party for services rendered and the charging of the fee is pemutted under Applicable Law. 24. Waivers. Borrower, to the extent pemutted by Applicable Law, waives and releases any error or defects in procadings to enforce this Security Instrument, and hereby waives the benefit of arty present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff s sale or other sale pursuant to this Security Lnstrument 26. Purchase Money Mortgage. If any of the debt secrned by this Security Instrument is lent to Borrower to acquire title to the Property, this Secruiry Instrument shall be a putnhase money mortgage. 27. Interest Rate After Judgment Borrower agtces that fire interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Holmes, Wells j' 7150000743 ~n~uMa: -6(PA) (osost Page r+ or re Form 3039 1109 ~~ 1 ~~3°G2~22 BY SIGNING BEioW, Borrower accepts and agees to the teams and covenants contained in this Security Lnsttument and in any Rider executed by Borrower and recorded with it. Wifiesses: .__~ `~' (Seal) CONNIE J. Z M i ae l A. Holmes -Borrower Holmes, Wells _ (Seal) -Borrower _ (Sisal) -Bortower _ (Seal) -Borrower _ (Seal) -Borrower (~~ -Borrower _ (Seal) -Bortowcr _ (Seal) -Borrower 7150000743 ®-6(PAj ~osos~ aaye i5 or ~s Form 3039 1101 COMMONWEALTH OP PEIYNSXLVANXA, ~'~~" ~' County ss: On this, the ~3 day of ~ ~,~efore me, the undersigned officer, petsonally appeared M i chae I A . Ho I mes ]mown to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscr%bed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WIIT;REOF, I hereunto set my hand and official seal. My Commission Expires: ~ COMMONWEALTH OF PENNSYLVANIA v U` I~..St./\, NoSarlal Seal Stbtf L McIFA~11er, Notary Public Carttp 1191 Soto. Currt~ettand County MY Cwt t3rpMrsa Nov, 4, 2tlQ7 Member, Pennaytvanla Aeeodatlon Of NotatlCb Certificate of Residence // ~A ~' + F I, l___ - 1 Y c~-k-k.. the corr~t ads bt the t ithin-named Mortgagee rs 21 ~ Ma t Street Camp Hifl, PA 17011 do hereby certify that Witness my hand this 23rd day of February 2007 Agent o Mortgagee Holmes, Weils 7150000743 Initials: -s(PA) lgsael Page 16 of 16 Form 3039 1/Ot ~~ ~ ~~~k~~~~2~ 12/04/2011 14:57 570-374-4761 HARtlEY P MU~RAY JR PAGE 22/38 ROBERT' P. ZIEGLIE.R .RECORDER Off' DEEY)S CUMBERf,,AND COUI`1TY 1 COURT)~l'OUSE SQIJA.RE cAR~,~sz.E, ~~ ~ lax ~ 7~7-240-b370 tnstrume~at Number - 20082696.1 ttecorded On 8/7/2008 At 11:08:23 AM ~` Instrutncnt Type - MODIFICATION OT+ MOR'T'GAGE Invoice Nenaber - 26646 User ID - A,F * Mortga8or - HOLM£S, MICAAT;X, A * Mortgagee - I'ENNSYI,VANIA STA'T'E BANTA * Customer - FENNSXI.VANIA STATE BAIVTs; * ~Es STATE >~2IT TAX R$CORDING k-Rd;S -- RECpHDER pF 17E>;ns COUNTX ARCHIVES FEE Roo ARCxzvES Fs>; Tt7P14,1, PAID $0.50 $11.50 $2.00 $s.oo $17.00 * Total Pages - 4 Certification Wage DO TOT DETACH This page is now part of tb~is legal document. ~ Certify this to be recorded in Camberland County PA as' /" RIwCORDL~Tt O~ C ryoo ~OSl20l~ !:16:28 PAq ` - Information dcnnted by as amtisk mny chAaSc during the verilicatioa process And may not bo rctlectad on this pagc. 001)YOF FJCHiBR ~il~~~~~I~Ii~Nl~l CUMBE'RIANp COUNTY 12/04/2011 14:57 570-374-4761 HARVEY P MIq~RAY JR PAGE 23/38 ~qc~,~ ~ Prepared By : R Ger'meyer Return To : R Germeyer Parcel iD : 13-25-0010-264 MODIFICATION AGttEEMENT (Construatlon Phase Moditied/Additional FandsNYork Change) Drawn Sy and Mail To: Pennsylvania State Bank, 8lC Bank, N.A. Mortgage Operations 1097 Commercial Avenue East Petersburg, PA 17520 THIS MODIFICA7tON AGREEMENT, between RAichael A Holmes and Pennsylvania Slate Bank, BlC Bank, N.A. made this July 29, 2009 modifies the Note with Construction Loan Rider Amending Note (the "Note"), the Security Instrument with Constnxtion loan Rider Amending Security Agreement, r+ecar'ded as document 10 # 1983 Page# 2409 at the Cumberland, Recorder of Deeds Office ('Sea,rity Instrument") and the Constnjctiorl loan Agreement each dated Febnaary 23, 2007(coHecdvetyr the "Coeur Documents"), previously executed by the undersigned {khe "Borrower'") in favor of pennsyh+ania State Bank, BtC Bank, N.A. (the "Lender). The Security Instrument was recorded as of February 29, ZOOT. The Loan Documents evidence a construction ban (the "town"), which has both a construction loan phase (the 'Construction Phase") and a permanent ban phase (the "Permanent Phase"). All terms defined in the Note and Construction Loan Agreement shall have the same meaning in this Mad'~cation Agneement. The terms of this loan Agreement preceded by a'( )" are part of this Loan Agreement ~ if the box is checked. The property is locatied at 94 Deerfield Road, Camp Hill, Pennsylvania 17011, in the Township of tower Atten, Cumberland Coun#y, Pennsylvania. [X] 1. CONSTRUCTION PHASE MODIFIED This Modification Agreement modifies the Loan Documents to change the Completion Date, the Permanent Mortgage Date, and the Maturity Cate. Inconsideration of the mutual promises and agreements exchanged, w~h the intent to be legally bound, Borrower and Lender agree as follows: 1. CONt3TRUCTlCN laHASE. The Completion date of tl ~9 Construction Phase is changed from May 31, 2008 to August 31, 2008 Z. CONSTRUCTION PHASE INTEREST. Borrower to pay the new rate of 6.25 on all money advanced during the Constructien phase as provided in the New ModificaUOn Construction Agreement 3. MORTGAGE LOAN AMOUNT 4. PAYMENTS -CONSTRUCTION PHASE Payments during the Construction phase will be as provided in the Conatntc~ion loan Rider Amendng Note. I vril! pay interest by making monthly payments every month. I will make my monthly payments on the 1°t day of each month beginning on June, 2006 05/2011 1:16:28 PM CUMBERLAND COUNTY 12/64/2911 14:57 579-374-4761 HARVEY P MLfI~RAY JR PAGE 24/38 I will make these payments every mon#h un61 I have paid ail of the intemst and any other charges described bebw that I Wray owe under dtis Note. My monthly payments wilt be applied th Interest If, ~ Septerttber 1, 2008, 1 still owe amounts under this Nate, I wiN pay those amount;; in full on that date, which is called the "Matun'ty Date." I wMl make my monthly paymerts at P,O. Box 38, 1097 Commer+clal Avenue, East Petersburg, PA 17520 or at a different place If required by the Note Wotder, (A1 AtIAOUNT OF AINONTHLY pAYMEN7S My monthly payment will be in the amount of Interest only. [ ] 111. CONSTRUCTION LOAN AGREEMENT Exhibit B of the Construction Loan Agreement is modified to restate the Schedule of Advances as follows: tIAODIFtCATION FI:E Borrower w#1# pay a modification fee of ~ 17.00 to Lender. IV. OTHER TERMS UNCHANGED Except as provided in the Modification agreement, the terms of the Note, the Security Instrument and the Construction loan Agreement remain unchanged, and the t3orrawer and lender by this Agreement ratify, confirm and agree to the loan Documents as modified and changed by this Modification Agreement. ~~~011 1:16:28 PM CUMBgl~gHp CpUN'rY 12/04/2011 14:57 570-374-4761 HARVEY P MURRAY JR PAGE 25/38 Penn fate Bank, B nk, N.A. ("Lender") gy. ~....'~ !~ Nam cf ~ ~ - ~i~rrli~f t t its: /J ~~ ~~ State of / ~ County of .C.. ~~ On ihisr; ~~40"day of - - , Z 8 before a otary P bin d for the said CommornNeaith and County, personal red to be the ~~ who adcnawtedged him8terself of Pennsylvania State Ban C Bank, N.A., and filet helshe as such officer being authorized to do so executed the within ins t for tits purposes therein contained by signing the name of the corporation byfiir~t/herself as §~ Witness my hand and rvotsKal Seal ~L slon expires t)ec. 8, 2 ~+~niA .48socierbn Or Nofan ~~f- rcha rimes "-'~ er ~ Borrower STATE OF P~'x ~ S ~~ l UQ ~, `7 l ublic i / ss.: COUNTY OF C~n~Mb'~1O~W" On this the ~ ~ day of ~~~-~A ~008, ®f e W f `1t ~51~n ~ ~i(!i`Pry,,,~ , tl~ undersigned Notary Public, personafiy appeared ~ ~'^~ ~j~o and Known to me {or satisfactorily proven) to be the person(s) whose names are subscribed to the within instrument, and acknowledged that they executed fife same for the purposes therein contak~ed Witness my hand and seal. Notary Public ~ ,i~- V~.iiM1 rM1Elt, flot~oty Ppbffc ~A-r~Con~llt~isi0rl ~j tpp ~~~ir11~I1~1Y11111 /05/2011 1:16:28 Prv1 CUM9ERLANb COUNTY ,.,~~ «'fnno~c~e, .,_ _ _ ,. . . Date: December 10 , 2012 SENT VIA REGULAR & CERTIFIED MAIL Michael A. Holmes 84 Deerfield Road Camp Hill, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default, and the tender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice ezplains bow the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THiS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving vour Coaaty are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency tol! free a# 1-1100-342-2397. (Persons with impaired hearing can call (717) 788-18b9). This Notice contains important legal information. If you have any questions, representstives at the Consumer Credit Counseling Agency may be able to 6e1~ explain it. You may also want to contact an attorney in vour area. The local bar association may be able to help you. find a lawyer. LA NOTIFICACcSN EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIoN OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIAHOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S exrxeR ~- EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Michael A. Holmes PROPERTY ADDRESS: 84 Deerfield Road, Camp Hill, Pennsylvania 17011 LOAN ACCT. NO.: 450880603653585 ORIGINAL LENDER: Pennsylvania State Bank CURRENT LENDER/SERVICER: PNC Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE _ _ _ - - -- WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARYSTAY OFFORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT', EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIE,~If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one faco-to-face meeting. Advise your lender immediately of your intentions. BANK_FIN:4447841 000011-147109 Holmes Accnt: 3585 APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A-COUNSELING AGEI~ICY _WITHIN 33 DAYS OF. THE POSTMARK _ _ _ DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance. Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed banlcruatcy you can still aualy for Emeri~encv Mort~a~e Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 84 Deerfield Road, Camp Hill, Pennsylvania 17011 BANK_FIN:444780.1 000011-147109 Holmes Acct: 3585 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amount is now past due: The loan matured in September 2008 with all amounts being fully due and owing at that time. Payoff as of December 10, 2012 - $205,580.26 Other charges (explain/itemize): _ _ _ _ _ TOTAL AMOUNT PAST DUE: $205,580.26 B. YOU HAVE FA ILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $205,580.26 ,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: PNC Bank 249 Fifth Avenue Pittsburgh, PA 15222 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) N/A IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required sAtJtc Ftrl:aaa~sat oooott-ta~to9 Holmes Accnt: 3585 to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-T'he lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFA ULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs corinec~ed vvJth the`for~~re-sale mrd-any- - other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 4 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Banl~ National Association Address: 249 Fifth Avenue, 18`h Floor, Pl-POPP-18-01, Pittsburgh, PA 15222 Phone Number: 412-768-1818 Fax Number: 412-762-5984 Contact Person: David Riccardi E-Mail Address: david.riccardi(a~pnc.com EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE-You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. BArnc F~x:aaa~aai oooo~ i-iano9 Holmes Accnt: 3585 YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE M ORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. By: BANK_FM:4447841 000011-147109 Holmes Accnt: 3585 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 594-3913 HEMAP Consumer Credit Counseling Agencies CUMBERLAND COUNTY Community Action Commission of Capital Region CCCS of Western PA 1514 Derry Street 2000 Linglestown Road Harrisburg, PA 17104 Harrisburg, PA 17102 717-232-9757 888-511-2227 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 717-780-3940 800-342-2397 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717-334-1518 U.S. POSTAL SERVICE CERTIFICATE OF MAILII j MAY 0E USED FOR DOMi:A7ie sun tu*eeu•+u..~....... ---- ..__ PROVIDE FOP Rseswed I Brett A. Solomon, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 r - ~ VG ~~ OI ~ f'- N cao r" • N .- ~~' c- ~ o. '' N .x ~ „ o S~P~ F~`~ ~~ ~ ` s '; One piece -` --~~---~ --~~ _....._...,.. r r~~ AY Michael A. Holmes o ~~ H ~ 84 Deerfield Road '~ y ,gti ';a Camp Hill, PA ]7011 ~~ ~~~ For' ""'~ ary 2001 11-147109 _~~ I1-147109 r9 ~ ._ °^~ Certified Fee 4 ~ . F ~ ~ Retum Receipt Fee ~ N w ~ ~ ~' ' ~ f ~ (Endorsement Required) ~ ~ ~ ~ ' 76 O Restricted Delwery Fee (Endorsement Required) ~ y~~ y ,~ ° Q 0 ;~ S 0~ v ;,~': '; ~ TOtAI VnAtARR R Fees ~ ., ° f~ Michael A. Holmes --~° ~""~~ ~ 84 Deerfield Road ~ o~ Camp Hill, PA 17011 VERIFICATION I,~v ~~ ~~ CC A.(~ , as an SS 2~ .- v `p a ( of PNC Bank, National Association within named, do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true to the best of my information and belief. I understand that the false statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ 1i~S~ ~ By. ~/alv~~~~ CCGts~~ Title: ~SSe-~ V~ar,Q~t BANK FIN:387183-I 000011-147109 Tucker Arenaberg FORM 1 PNC Bank, National Association, IN THE COURT OF COMMON PL~AS~OF CUMBERLAND COUNTY, PENNSYLVANIA :~ ^l~^IIA~ I~OrJ2/r~na w w 'rt t'*`- r/~ ..;-~ ~- r-^ Plaintiff(s) vs. Michael A. Holmes, Defendant(s) ~' 7~a Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE D/VERB/0N PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. "17 rYt~ ~~ ~~ ice- .. ~~~ ~~4_ =.~= r: yy ~- {J1 If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty {20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference Is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Caurt, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SA VE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY TH/S NOTICE. THIS PR06RAM IS FREE. s tfully mitt 2/11 /2013 Date ign re of Counsel for Plaintiff ~~ t -' ;~,:.=. .~,.. -~ cz ..., . °.:, , .: _a' 2/il/ 013'MON'11~49 FAX 412 594 5619 Tucker AYens FORM 2 ^ Q Cumberland County Residential Mortgage Forec/osare Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket if BORROWER REQUEST fOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name (s): Property Address: City: Is the property for sale? Yes ^ No ^ Realtor Name: Borrower Occupied: Yes ^ No ^ Mailing Address (if different) City: Phone Numbers: Home: • Cell: State• Zip: _ Price: $ Realtor Phone: State: Zip: Office: Other: Email: # of people in household: How long? ~ :. r Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: 4 of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Oate of Last Payment: Primary Reason for Default: listing date: ~prt~~nno Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: :49 FAX 412 594 5619 Tucker Arensberg ~±Ipn4~nno Assets Amount Owed: Nome: $ Other Real Estate: $ Retirement Funds: $ Investments: $ Checking: $ Savings: S Other: $ Automobile #1. Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Othertransoortation (automobiles. boats. mo torcvclesl: Model: Year: Amount owed: Value: Monthlv Income Name of Employers: 1. Monthly Gross Z• Monthly Gross 3• Monthly Gross _ Additional Income Description (not wages): 1• Monthly Amount: Z• Monthly Amount: Borrower Pay Days: Co-Borrower Pay Days: ,_ Monthlv Expenses: (Please only include exoense~u aress~rently oavinal EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Mo a e Utilities Car Payment(s) Condo/Neigh. Fees Autolnsurance Med. {not covered) Auto fuel/re airs Other Prop. Payment Install. Loan Payment Cable TV Child Sup ort/Alim. S endin Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: _ Email: Value: Monthly Net Monthly Net Monthly Net Year: Year: oz/iii/ o~ :49 FAX 412 594 5619 z s erg Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP} assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prier negotiations with your lender or lenders loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements v Proof of any expected income for the last 45 days V Copy of a current utility bill V letter explaining reason for delinquency and any supporting documentation V (hardship letter) listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed 0 2/il/2Q1 :49 FAx 412 594 5619 Tucker Arensbera FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Defendant(s) REQUEST FOR CONC/L/ATION CONFERENCE Civil Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: i. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken alt of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date legal Representative Signature of Defendant Signature of Defendant Date Date ~~ 06/OQ9 .~. 02/1 13 MON '1?_: ei4 FAx 412 594 5619 Tucker ArecxsfJera PNC Bank, National Association Plaintiff(s) vs. Michael A. Holmes, Defendant(s) CASE MANAGEMENT ORDER AND NOW, this day of Civil 20 ,the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in acourt-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2} which has been completed by the defendantlborrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date. and/or the date upon which service of the completed Form 2 is to be made maybe extended. Upon notice to the FORM Q : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07/^4 :50 FAX 412 594 561.9 .. Yq Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; 0~8/nno 02!11/ 013 MON li_•SO FAx 412 594 5619 Tucker Arensbsra x'009/^09 entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. r-5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL { PNC BANK,NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO w �{y PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. MICHAEL A. HOLMES, PRAECIPE FOR DEFAULT JUDGMENT Defendant. IN MORTGAGE FORECLOSURE Filed on behalf of PNC Bank,National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 bsolomongtuckerlaw com Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm#287 1500 One PPG Place Pittsburgh,Pennsylvania 15222 (412) 566-1212 la4� i# BANK_FIN:450206-1 000011-147109 K--4V allJ �v s� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PNC BANK,NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. MICHAEL A. HOLMES, Defendant. PRAECI]PE FOR DEFAULT JUDGMENT IN MORTGAGE FORECLOSURE TO: Prothonotary Kindly enter Judgment against the Defendants above named in default of an Answer, in the amount of$209,910.60 plus continuing interest at the contract rate together with late charges,costs of suit and attorney fees on the declining balance computed as follows: Amount claimed in Complaint $207,619.08 Interest from I/l/I 3 to 3/25/13 @$27.28 per them 2,291.52 Total $209,910.60 *Includes credit for payments made on account Interest,late charges,attorney's fees and charges and record costs of this proceeding will continue to accrue from the date of entry of judgment. I hereby certify that the appropriate Notice of Default,as attached has been mailed in accordance with PA R.C.P.237.1 on the date indicated on the Notice. SB P.C. Brel A. omon,Esquire Attorney for PNC Bank,National Association,Plaintiff Plaintiff- PNC Bank,National Association c/o TUCKER ARENSBERG,P.C., 1500 One PPG Place,Pittsburgh,PA 15222 Defendants: Michael A. Holmes,84 Deerfield Road,Camp Hill, PA 17011 BANK-FIN:450206-1 000011-147109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PNC BANK,NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) Plaintiff, ) No. 2013-702 vs. ) MICHAEL A. HOLMES, ) Defendant. ) NOTICE OF JUDGMENT TO: Michael A. Holmes 84 Deerfield Road Camp Hill, PA 17011 You are hereby notified that a Judgment in Mortgage Foreclosure was entered against you on 2013 in the amount of$209,910.60 plus conti ing interest at the contract rate to er with costs, late charges,and attorneys fees. Prothonotary B ANK_FIN:450206-1 000011-147109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK,NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) Plaintiff, ) No. 2013-702 Vs. ) MICHAEL A. HOLMES, ) Defendant. ) AFFIDAVIT OF NON-MELITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) I,Brett A. Solomon,being duly sworn according to law, hereby depose and say that the Defendant, Michael A. Holmes, is not a member of the military serviMretftt . States of A r' to the best of my knowledge, information,and belief. mon,Esquire Sworn to an subscribed before me this day of March,2013. otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Matthew G.Friedberg,Notary Public My Commission Expires: City of Pittsburgh,Allegheny county My commission Expires June 7,2015 MEMBER P1 VANTA A60QAT1ON OF NOTARIES BANK_FIN:450206-1 000011-147109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK,NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) Plaintiff, ) No. 2013-702 } vs. ) } MICHAEL A. HOLMES, ) Defendant. } TO: Michael A. Holmes 84 Deerfield Road Camp Hill, PA 17011 DATE OF NOTICE: March 12, 2013 IMPORTANT NOTICE 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 INFORMATION ABOUT FINDING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 1-800-990-9108 C R G,P.C. Brett A. Solomon,Esquire Attorney for Plaintiff BANK_FIN:450058-1 000011-147109 CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice was served upon the Defendant, Michael A. Holmes, by depositing thereof in the United States mail, first class postage prepaid,on the 12`h day of March 2013, at the following address: Michael A. Holmes 84 Deerfield Road Camp Hill, PA 17011 3 TUC R ARENS C. Brett A. Solomon, Esquire Attorney for Plaintiff BANK_FIN:450058-1 000011-147109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. PRAECIPE FOR WRIT OF EXECUTION IN MICHAEL A. HOLMES, MORTGAGE FORECLOSURE Defendant. Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 84 Deerfield Road Camp Hill, PA 17011 . of Lower Allen) Tax Parcel No. 13-25-0010-264 �/ . 0-1 60 7.5 tr 4P. --T-- Y<17- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. MICHAEL A. HOLMES, Defendant. PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: Prothonotary of Cumberland County: Kindly issue a Writ of Execution in Mortgage Foreclosure in the above matter as follows: Judgment Amount....................................................................... $209,910.60 Interest from 3/26/13 through 9/4/13 at$27.28 per them............. 4,419.36 Late Charges ($20.00/mo. for 4/13 to 8/13)................................. 100.00 Attorneys' Fees and Costs .......................................................... $2,824.35 Sub-total.................... ..................... ........................................ $217,254.31 Costs (to be added by the Prothonotary)............................. TOTAL plus interest accruing thereafter at the rate of$27.28 per diem, late charges, additional attorneys' fees and costs and additional expenses incurred by the Bank, continuing through the sheriffs sale of the subject premises and distribution of the proceeds derived therefrom. TUCK RENSBERG, P. Brett A. Solomon, Esquire Michael C. Mazack, Esquire Attorneys for PNC Bank, National Association, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. MICHAEL A. HOLMES, Defendant. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY 1, Michael C. Mazack, Esquire, being duly sworn according to law, hereby depose and say that the Defendant, Michael A. Holmes, is not a member of the military service of the United States of America to the best of my knowledge, information and belief. Michael C. Mazack, Esquire Sworn to and subscribed before me this x41 day of 12013. t1otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal My Commission Expires: Matti"G,Friedberg,Notary Public City of Pittsburgh,Allegheny County My Cionwr4spon=June 7 2015 MBMW Y AMA M=ATWH OF XOTARM BANK—FIN:451300-1 000011-147109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. AFFIDAVIT PURSUANT TO PA. R.C.P. 3129.1 MICHAEL A. HOLMES, Filed on behalf of PNC Bank, National Defendant. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 N c� s N to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) Plaintiff, ) No. 2013-702 vs. ) MICHAEL A. HOLMES, ) Defendant. ) AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 PNC Bank, National Association, Plaintiff in the above action, by its attorneys, Tucker Arensberg, P.C., set forth as of the date of the Praecipe for Writ of Execution was filed the following information concerning the real property located in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania: 1. Name and address of the Owner or Reputed Owner: MICHAEL A. HOLMES 84 Deerfield Road Camp Hill, PA 17011 2. Name and address of Defendant in the judgment: SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC BANK, NATIONAL c/o Brett A. Solomon, Esquire ASSOCIATION Michael C. Mazack, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 AMERICAN GENERAL 600 N. Royal Avenue FINANCIAL SERVICES, INC. Evansville, IN 47715 AMERICAN GENERAL c/o Craig H. Fox, Esquire FINANCIAL SERVICES, INC. One Montgomery Plaza 425 Swede Street, Suite 706 Norristown, PA 19401-4851 DISCOVER BANK c/o Edward Stock, Esquire Attn: Legal Department 6500 New Albany New Albany, OH 43054 MIDLAND FUNDING LLC c/o Neil Sarker, Esquire 8875 Aero Drive, Suite 200 San Diego, CA 92129 4. Name and address of last recorded holder of every mortgage of record: PNC BANK, NATIONAL c/o Brett A. Solomon, Esquire ASSOCIATION Michael C. Mazack, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 152225 PENNSYLVANIA STATE BANK 2148 Market Street Camp Hill, PA 17011 EQUITY TRUST COMPANY P.O. Box 1409 FBO DONNA FLEETWOOD IRA Elyria, OH 44036 EQUITY TRUST COMPANY 161 Old Schoolhouse Lane FBO DONNA FLEETWOOD IRA Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on their property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: CUMBERLAND COUNTY 1 Courthouse Square TREASURER Carlisle, PA 17013 CUMBERLAND COUNTY 1 Courthouse Square TAX CLAIM BUREAU Carlisle, PA 17013 TOWNSHIP OF LOWER ALLEN c/o Bonnie K. Miller TAX COLLECTOR Lower Allen Township Municipal Services Center 2233 Gettysburg Road Camp Hill, PA 17011 WEST SHORE 507 Fishing Creek Rd SCHOOL DISTRICT P.O. Box 803 New Cumberland, PA 17070-0803 -2- WEST SHORE c/o Bonnie K. Miller SCHOOL DISTRICT Lower Allen Township Municipal Services Center 2233 Gettysburg Road Camp Hill, PA 17011 COMMONWEALTH OF PA P.O. Box 2675 DEPARTMENT OF REVENUE Harrisburg, PA 17105 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY P.O. Box 320 DOMESTIC RELATIONS OFFICE Carlisle, Pennsylvania 17013 TENANT/OCCUPANT 84 Deerfield Road Camp Hill, PA 17011 PA STATE EMPLOYEES 121 Strawberry Square CREDIT UNION Harrisburg, PA 17101 MID STATE DEVELOPMENT, INC. 475 Chippewa Mail Drive Chippewa Falls, WI 54729 DIANA K. HOLMES c/o Kelly M. Knight, Esquire 147 W. Airport Road Lititz, PA 17543 The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1, and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: �Id V(7 By: Brett A. Solomon, squire Michael C. Mazack, Esquire Sworn to and subscribed before me Attorneys for Plaintiff this day of 2013. AUTH or-PIE NNSMANIA Not 6y Public NowM Seal My Commission Expires�--- matifiew G.Friedberg,Notary Public 1�Clty of prmburgh,Aitegheny C�OUM My conwnwon res June 7,2015 MEMO M===17101 OF NOTARIES -3- .. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. AFFIDAVIT OF ACT 6 MICHAEL A. HOLMES, Filed on behalf of PNC Bank, National Defendant. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 ca --0 N tO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) Plaintiff, ) No. 2013-702 vs. ) MICHAEL A. HOLMES, ) Defendant. ) COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ALLEGHENY ) SS: Before me, a Notary Public, personally appeared Michael C. Mazack, Esquire, being duly sworn, deposes and says: THAT Notice of PNC Bank, National Association, intention to foreclose, pursuant to 41 P.S. §403 (Act 6 of 1974), was given to Defendant on or about December 10, 2012. Michael C. Mazack, Esquire Sworn to nd subscribed INforg me this a$� day of 17--re-VI 2013. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal My Commission Expires: Matthew G Friedberg,Notary Public City of Pittsburgh,Allegheny County My Commission Expires June 7,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES BANK_FI N:451300-1 000011-147109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. AFFIDAVIT OF ACT 91 MICHAEL A. HOLMES, Filed on behalf of PNC Bank, National Defendant. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 w r -v �c N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. MICHAEL A. HOLMES, Defendant. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and County, personally appeared Micheal C. Mazack, Esquire, who being duly sworn, deposes and says: THAT Notice pursuant to 35 P.S. §1680.403 (Homeowner's Emergency Mortgage Assistance Act of 1983 --Act 91 of 1983) was given to Defendant on or about December 10, 2012. Michael C. Mazack, Esquire Sworn to a d subscribed b fore e this day of 2013. GomhWNWEALTH OF PENNSYLVANIA Notary Public Nowrial Seal Matthew G,Friedberg,Notary Public City of Pittsburgh,Allegheny county My Commission Expires: My commission res 3une 7 2015 —5m" 0= FM--E-M**k Pf"M BANK—FIN:449593-1 000011-154057 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. AFFIDAVIT OF LAST KNOWN ADDRESS MICHAEL A. HOLMES, Filed on behalf of PNC Bank, National Defendant. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 r CD r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO } PENNSYLVANIA STATE BANK, ) Plaintiff, ) No. 2013-702 vs. ) MICHAEL A. HOLMES, ) Defendant. ) COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANT Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and County, personally appeared Micahel C. Mazack, Esquire, who being duly sworn, deposes and says as follows: 1. That he is counsel for the Plaintiff in the above referenced matter. 2. That to the best of his knowledge, information and belief, the last known address of Defendant is 84 Deerfield Road, Camp Hill, PA 17011. TUCKER ARENSBERG, P.C. Michael C. Mazack, Esquire Attorneys for Plaintiff Sworn to and subscribed b fore me this OW day of «Gl , 2013. Notary Public CommoNwALLT H OF PENNSYLVANIA Notarial Seal j thew G,Friedberg,Notary Public My Commission Expires: y of Msburgh,Allegheny County BANK_FIN:451300-1 000011-147109 Camtn n res June 7 2015 H NOTARI ES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) Plaintiff, ) No. 2013-702 vs. ) r � MICHAEL A. HOLMES, ) Defendant. ) NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Michael A. Holmes 84 Deerfield Road Camp Hill, PA 17011 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE 4T" FLOOR, JURY ASSEMBLY ROOM ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on September 4, 2013, at 10:00 AM, the following described real estate, of which MICHAEL A. HOLMES, is the owner or reputed owner: Please see attached description of property. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of: PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK vs. MICHAEL A. HOLMES at Ex. No. 2013-702 in the amount of$217,254.31. Claims against property must be filed at the Office of the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must art promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint in Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20)days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. -2- YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for PNC Bank, National Association, Plaintiff BANK FIN:451300-1 000011-147109 -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) Plaintiff, ) No. 2013-702 vs. ) MICHAEL A. HOLMES, ) Defendant. ) LEGAL DESCRIPTION OF REAL ESTATE ALL THAT CERTAIN PARCEL known as Lot No. 123, Section "G", Allendale, Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, according to a Plan of Allendale for Mid State Development, Inc., by Whittock-Hartman, R.P.E. dated .tune 26, 1980, recorded in Plan Book 39, Page 41, bounded and described in accordance with said plan as follows: BEGINNING at a point on the eastern right-of-way line of Woodcrest Court, said point being located and referenced a distance of(1) 811.73 feet from the center line intersection of Cricket Land and Deerfield Road and (2) North 83 degrees 46 minutes 04 seconds East a distance of 25 feet to said Point of Beginning; thence from said point along the eastern right-of- way line of Woodcrest Court North 06 degrees 13 minutes 56 seconds West, a distance of 17.09 feet to a point; thence along said right-of-way line on the arc of a curve curving to the right having a radius of 15 feet, an arc length of 13.82 feet to a point;thence along the same on the arc of a curve curving to the left having a radius of 50 feet, an arc length of 89.75 feet to a point; thence North 32 degrees 56 minutes 48 seconds East along No. 122 a distance of 235.70 feet to a point; thence along the western right-of-way line of Interstate No. 83 (L R No. 333) South 24 degrees 58 minutes 10 seconds East, a distance of 306.00 feet to a point; thence along Lot No. 124 South 83 degrees 46 minutes 04 seconds West, a distance of 253.78 feet to a point on the eastern right-of-way line of Woodcrest Court, the Place of BEGINNING. SAID Lot No. 123 containing 42,965.53 square feet, and is subject to a twenty (20)foot wide drainage easement running North to South through center of Lot. 17011 HAVING THEREON ERECTED a dwelling house K/A 84 Deerfield Road, Camp Hill, PA Tax Parcel No. 13-25-0010-264 -4- BEING THE SAME PREMISES WHICH Equity Trust Company Custodian FBO Donna Fleetwood IRA, by deed dated February 28, 2007 and recorded February 28, 2007 in the Office of the recorder of deeds in and for Cumberland County in Deed Book 278, Page 4569, granted and conveyed unto Michael A. Holmes, single man. Brett A. Solomon, Esquire Michael C. Mazack, Esquire -5- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-702 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK Plaintiff(s) From MICHAEL A.HOLMES (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: $209,910.60 L.L.: $.50 Interest FROM 3/26/13 THROUGH 9/4/13 AT$27.28 PER DIEM-$4,419.36 Atty's Comm: Due Prothy: $2.25 Atty Paid: $191.75 Other Costs: LATE CHARGES($20.00/MO.FOR 4/13 TO 8/13-$100.00 ATTORNEY'S FEES AND COSTS-$2,824.35 Plaintiff Paid: Date: 4/4/13 David D. B 11,Prothonot (Seal) Deputy REQUESTING PARTY: Name: BRETT A.SOLOMON,ESQUIRE Address: TUCKER ARENSBERG,P.C. 1500 ONE PPG PLACE PITTSBURGH,PA 15222 Attorney for: PLAINTIFF Telephone: 412-566-1212 Supreme Court ID No. 83746 PNC BANK,NATIONAL : IN THE COURT OF COMMON PLEAS OF ASSOCIATION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : vs. : CIVIL ACTION rn OD ,_.': �' 7.r , : NO. 13-0702 CIVIL `•'`'`- _ `_, MICHAEL A. HOLMES, : rte-.. ; a Defendant • ---0 o — r CASE MANAGEMENT ORDER .. c.....) AND NOW,this /7 44 day of Ofth;41 2013,the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised• conciliation Conference on /t aZ 0/3 , at /D;30 -'gym. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court,the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference,the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, -, L--- 4 44.. Kevi► A . Hess, P.J. ✓✓✓✓Brett A. Solomon, Esquire Michael C. Mazack, Esquire 1500 One PPG Place Pittsburgh, PA 15222 For the Plaintiff Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011 For the Defendant :rim t+F_,S rent '1/17/13 rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYI141,6 r =r— c c!n C:� PNC BANK,NATIONAL ASSOCIATION, CIVIL DIVISIONc =co , a� SUCCESSOR BY MERGER TO p PENNSYLVANIA STATE BANK, No. 2013-702 a Plaintiff, VS. MICHAEL A. HOLMES, PRAECIPE TO VACATE JUDGMENT Defendant. Filed on behalf of PNC BANK,NATIONAL ASSOCIATION,Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa I.D. #83746 bsololnon@tuckerlaw.com Michael C. Mazack,Esquire Pa I.D. #205742 TUCKER ARENSBERG,P.C. Firm#287 1500 One PPG Place Pittsburgh,Pennsylvania 15222 (412) 566-1212 j U� BANK_FIN:453612-1 000011-147109 P4 f� � ` q ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PNC BANK,NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, No. 2013-702 Plaintiff, VS. MICHAEL A. HOLMES, Defendant. PRAECIPE TO VACATE JUDGMENT TO: PROTHONOTARY,CUMBERLAND COUNTY Kindly vacate the judgment in the action filed in the above-captioned matter in favor of the Plaintiff,PNC Bank,National Association,and against the De dant,Michael A. Holmes. TUC NSBE ,P By 77E A. o16 squire Pa.I.D.No. 83746 Michael C.Mazack,Esquire Pa. I.D.No.205742 1500 One PPG Place Pittsburgh;Pennsylvania 15,222 (412)566-1212 Sworn to and subscribed before me this 064-� day of April,2013. NWEALTH OF PENNSYLVANIA Notary Public Notarial Seal public Matthew G.Friedberg,Notary City of Pittsburgh,Allegheny county Tres June 7,2015 My Commission Expires: My Commissinn 9F NeTARIES ME" BANK FIN:453612-1 000011-147109 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson r� Sheriff i 'HE K,'OTHo'-'(� � , � rarab€ i � d A 3 f�,t e'f Jody S Smith r Chief Deputy 701 13 KA Y -�6 P?1 2: r Richard W Stewart : ? CUMBERLAND COUNTY Solicitor OFFICE OF THE SHERIFF PENNSYLVANIA, PNC Bank National Association Case Number vs. Michael A Holmes 2013-702 SHERIFF'S RETURN OF SERVICE 05/06/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $100.18 SO ANSWERS, May 06, 2013 RbNPrY R ANDERSON, SHERIFF P3y3 !c?Ceun;ySGiite Shcnrt,Tr:!ecso`t:Ir=. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) Plaintiff, ) No. 2013-702 vs. ) MICHAEL A. HOLMES, ) Defendant. ) AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 PNC Bank, National Association, Plaintiff in the above action, by its attorneys, Tucker Arensberg, P.C., set forth as of the date of the Praecipe for Writ of Execution was filed the following information concerning the real property located in the Township of Lower Allen; County of Cumberland and Commonwealth of Pennsylvania: 1. Name and address of the Owner or Reputed Owner: . MICHAEL A. HOLMES 84 Deerfield Road Camp Hill, PA 17011 2. Name and address of Defendant in the judgment: SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC BANK, NATIONAL c/o Brett A. Solomon, Esquire ASSOCIATION Michael C. Mazack, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 AMERICAN GENERAL 600 N. Royal Avenue FINANCIAL SERVICES, INC. Evansville, IN 47715 AMERICAN GENERAL Go Craig H. Fox, Esquire FINANCIAL SERVICES, INC. One Montgomery Plaza 425 Swede Street, Suite 706 Norristown, PA 19401-4851 DISCOVER BANK c/o Edward Stock, Esquire Attn: Legal Department 6500 New Albany New Albany, OH 43054 MIDLAND FUNDING LLC c/o Neil Sarker, Esquire 8875 Aero Drive, Suite 200 San Diego,.CA 92129 4. Name and address of last recorded holder of every mortgage of record: PNC BANK, NATIONAL c/o Brett A. Solomon, Esquire ASSOCIATION Michael C. Mazack, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 152225 PENNSYLVANIA STATE BANK 2148 Market Street Camp Hill, PA 17011 EQUITY TRUST COMPANY P.O. Box 1409 FBO DONNA FLEETWOOD IRA Elyria, OH 44036 EQUITY TRUST COMPANY 161 Old Schoolhouse Lane FBO DONNA FLEETWOOD IRA Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on their property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: CUMBERLAND COUNTY 1 Courthouse Square TREASURER Carlisle, PA 17013 CUMBERLAND COUNTY 1 Courthouse Square TAX CLAIM BUREAU Carlisle, PA 17013 TOWNSHIP OF LOWER ALLEN c/o Bonnie K. Miller TAX COLLECTOR Lower Allen Township Municipal Services Center 2233 Gettysburg Road Camp Hill, PA 17011 WEST SHORE 507 Fishing Creek Rd SCHOOL DISTRICT P.O. Box 803 New Cumberland, PA 17070-0803 -2- WEST SHORE c/o Bonnie K. Miller SCHOOL DISTRICT Lower Allen Township Municipal Services Center 2233 Gettysburg Road Camp Hill, PA 17011 COMMONWEALTH OF PA P.O. Box 2675 DEPARTMENT OF REVENUE Harrisburg, PA 17105 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY P.O. Box 320 DOMESTIC RELATIONS OFFICE Carlisle, Pennsylvania 17013 TENANT/OCCUPANT 84 Deerfield Road Camp Hill, PA 17011 PA STATE EMPLOYEES 121 Strawberry Square CREDIT UNION Harrisburg, PA 17101 MID STATE DEVELOPMENT, INC. 475 Chippewa Mail Drive Chippewa Falls, WI 54729 DIANA K. HOLMES c/o Kelly M. Knight, Esquire 147 W. Airport Road Lititz, PA 17543 The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1, and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property onto rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18.Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 3 By: Brett A. Solomon, squire Michael C. Mazack, Esquire Sworn to and subscribed before me Attorneys for Plaintiff this :�K�k day of 2013. I TH OF PENNSYLVANIA J ne 7f 2015 - — PENNSYLVANIA i­ Notary TM OF 10TA]OM Not 6y Public Homw seal My Commission Expires5-10:�� manhew G.Fr*dWg,NotarY PuMic F aty of pwburgh,AfthenY County MEME -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. MICHAEL A. HOLMES, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Michael A. Holmes 84 Deerfield Road Camp Hill, PA 17011 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE 4r" FLOOR, JURY ASSEMBLY ROOM ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on September 4, 2013, at 10:00 AM, the following described real estate, of which MICHAEL A. HOLMES, is the owner or reputed owner: Please see attached description of property. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of: PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK vs. MICHAEL A. HOLMES at Ex. No. 2013-702 in the amount of$217,254.31. date. Claims againsf property must be filed at the Office of the Sheriff before the above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. 'in order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file With the Court any defense or objection you might have within twenty (20) days after service of the Complaint in Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. -2- YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for PNC Bank, National Association, Plaintiff BAN K_F I N:451300-1 000011-147109 -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. MICHAEL A. HOLMES, Defendant. LEGAL DESCRIPTION OF REAL ESTATE ALL THAT CERTAIN PARCEL known as Lot No. 123, Section "G", Allendale, Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, according to a Plan of Allendale for Mid State Development, Inc., by Whittock-Hartman, R.P.E. dated June 26, 1980, recorded in Plan Book 39, Page 41, bounded and described in accordance with said plan as follows: BEGINNING at a point on the eastern right-of-way line of Woodcrest Court, said point being located and referenced a distance of(1)811.73 feet from the center line intersection of Cricket Land and Deerfield Road and (2) North 83 degrees 46 minutes 04 seconds East a distance of 25 feet to said Point of Beginning; thence from said point along the eastern right-of- way line of Woodcrest Court North 06 degrees 13 minutes 56 seconds West, a distance of 17.09 feet to a point; thence along said right-of-way line on the arc of a curve curving to the right having a radius of 15 feet, an arc length of 13.82 feet to a point; thence along the-same on the arc of a curve curving to the left having a radius of 50 feet, an arc length of 89.75 feet to a point; thence North 32 degrees 56 minutes 48 seconds East along No. 122 a distance of 235.70 feet to a point; thence along the western right-of-way-line of Interstate No. 83 (L R No. 333) South 24 degrees 58 minutes 10 seconds East, a distance of 306.00 feet to a point; thence along Lot No. 124 South 83 degrees 46 minutes 04 seconds West, a distance of 253.78 feet to a point on the eastern right-of-way line of Woodcrest Court, the Place of BEGINNING. SAID Lot No. 123 containing 42,965.53 square feet, and is subject to a twenty(20)foot wide drainage easement running North to South through center of Lot. HAVING THEREON ERECTED a dwelling house WA 84 Deerfield Road, Camp Hill, PA 17011 Tax Parcel No. 13-25-0010-264 -4- BEING THE SAME PREMISES WHICH Equity Trust Company Custodian FBO Donna Fleetwood IRA, by deed dated February 28, 2007 and recorded February 28, 2007 in the Office of the recorder of deeds in and for Cumberland County in Deed Book 278, Page 4569, granted and conveyed unto Michael A. Holmes, single man. Brett A. Solomon, Esquire Michael C. Mazack, Esquire -5- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-702 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK Plaintiff(s) From MICHAEL A. HOLMES (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: $209,910.60 L.L.:$.50 Interest FROM 3/26/1.3 THROUGH 9/4/13 AT$27.28 PER DIEM-$4,419.36 Atty's Comm: Due Prothy: $2.25 Atty Paid: $191.75 Other Costs: LATE CHARGES($20.00/MO.FOR 4/13 TO 8/13-$100.00 ATTORNEY'S FEES AND COSTS-$2,824.35 Plaintiff Paid: Date: 4/4/13 David D. Buell, Prothonotary (Seal) �Q % - - � Deputy REQUESTING PARTY: Name: BRETT A. SOLOMON,ESQUIRE Address: TUCKER ARENSBERG,P.C. 1500 ONE PPG PLACE PITTSBURGH,PA 15222 Attorney for: PLAINTIFF Telephone: 412-566-1212 TRUE CdPY FROP-w'1 RECOR€3 in Testimony whereof, I here unto set my hand Supreme Court ID No. 83746 and the seal.of said Court at Carlisl2, Pa. _ This =da of Aer/ f_ s2L Prothonotary On April 25, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 84 Deerfield Road, Camp Hill, Exhibit "A" filed with this writ and by this Reference meorporated herein. Date: April 25, 2013 By: Real Estate Coordinator /S h t i t V S- 80 1102 PNC BANK,NATIONAL IN THE COURT OF COMMON PLEAS OF ASSOCIATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION NO. 13-0702 CIVIL MICHAEL A. HOLMES, Defendant ORDER AND NOW, this l day of June, 2013, in consideration of the attached email,the conciliation conference in the above matter set for June 14, 2013, is continued to Friday, August 23, 2013, at 2:00 p.m. in Chambers of the undersigned. BY THE COURT, Kevi A. Hess, P. J. ''Christopher Fisher,Esquire 2 Lemoyne Drive, Suite 200 Lemoyne,PA 17043 For the Plaintiff v'Lisa Coyne, Esquire 3901 Market Street C7) r-a Camp Hill, PA 17011 For the Defendant r", 03 C_ Or Am X-- CD IA411 I PNC BANK,NATIONAL IN THE COURT OF COMMON PLEAS OF ASSOCIATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION NO. 13-0702 CIVIL MICHAEL A. HOLMES, Defendant ORDER AND NOW, this Z 8' day of August, 2013,the conciliation conference in the above matter set for August 23, 2013, is continued to Thursday, October 24, 2013, at 2:00 p.m. in Chambers of the undersigned. BY THE COURT, Kev' Hess, P. J. Christopher Fisher, Esquire 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 For the Plaintiff isa Coyne, Esquire 3901 Market Street Camp Hill, PA 17011 For the Defendant ri :rlm �W r*-, e— €TI- 00 CD a w C= N `- .i PNC BANK, NATIONAL IN THE COURT OF COMMON PLEAS OF ASSOCIATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION NO. 13-0702 CIVIL MICHAEL A. HOLMES, Defendant ORDER AND NOW, this -?q- day of October, 2013, following conciliation conference,this matter is removed from the Cumberland County Mortgage Diversion Program and the stay entered in this case is VACATED. BY THE COURT, Kevin . Hess, P. J. <Cistopher Fisher, Es uire q 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 For the Plaintiff isa Coyne, Esquire 3901 Market Street Camp Hill, PA 17011 For the Defendant -- (.7) :rlm m M - 1;LS 07aLL -<x? C , 2_ . �r - > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA rn CIVIL DIVISION PNC BANK,NATIONAL ASSOCIATION, � SUCCESSOR BY MERGER TO T, N PENNSYLVANIA STATE BANK, C) Plaintiff, No. 2013-702 . VS. MICHAEL A. HOLMES, PRAECIPE FOR DEFAULT JUDGMENT IN MORTGAGE FORECLOSURE Defendant. Filed on behalf of PNC Bank,National Association,Plaintiff Counsel of record for this party: Brett A. Solomon,Esquire Pa. I.D. #83746 bsolomon(a tuckerlaw.com Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm#287 1500 One PPG Place Pittsburgh,Pennsylvania 15222 (412) 566-1212 novck e1lk .S G L/604 Sli 169 a°A S19 BANK_FIN:467913-1 000011-147109 \)b\ Jiia'te IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PNC BANK,NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) ) Plaintiff, ) No. 2013-702 ) vs. ) ) MICHAEL A. HOLMES, ) ) Defendant. ) PRAECIPE FOR DEFAULT JUDGMENT IN MORTGAGE FORECLOSURE TO: Prothonotary Kindly enter Judgment against the Defendants above named in default of an Answer,in the amount of$209,910.60 plus continuing interest at the contract rate together with late charges,costs of suit and attorney fees on the declining balance computed as follows: Amount claimed in Complaint $207,619.08 Interest from 1/1/13 to 3/25/13 @$27.28 per diem 2,291.52 Total $209,910.60 *Includes credit for payments made on account. Interest,late charges,attorney's fees and charges and record costs of this proceeding will continue to accrue from the date of entry of judgment. I hereby certify that the appropriate Notice of Default,as attached has been mailed in accordance with PA R.C.P.237.1 on the date indicated on the Notice. T R • ' may_ : : '.C.• Brett A. olomon,Esquire Attorney for PNC Bank,National Association,Plaintiff Plaintiff: PNC Bank,National Association c/o TUCKER ARENSBERG. P.C., 1500 One PPG Place,Pittsburgh,PA 15222 Defendants: Michael A. Holmes, 84 Deerfield Road,Camp Hill, PA 17011 BANK FIN:467913-1 000011-147109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK,NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) ) Plaintiff, ) No. 2013-702 ) vs. ) ) MICHAEL A. HOLMES, ) ) Defendant. ) NOTICE OF JUDGMENT TO: Michael A. Holmes 84 Deerfield Road Camp Hill,PA 17011 You are hereby notified that a Judgment in Mortgage Foreclosure was entered against you on ' , 2013 in the amount of$209,910.60 plus continuing interest at the contract rate together with costs, late charges,and attorneys fees. t90a ate'�,;�•: Prothono °` BANK_FIN:467913-1 000011-147109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PNC BANK,NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) ) Plaintiff, ) No. 2013-702 ) vs. ) ) MICHAEL A. HOLMES, ) ) Defendant. ) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) I,Brett A. Solomon,being duly sworn according to law,hereby depose and say that the Defendant, Michael A. Holmes, is not a member of the military service of the United States of A - :ca to the best of my knowledge, information,and belief. Brett A. So smon,Esquire Sworn to 3nd subscribed before me this day of December,2013. Notary Public ' COMMONWEALTH OF FENl`4sY'_vANIA Notarial Seal Matth.T v G.Friedberg,Notary Public My Commission Expires: City ci Pitr uu gh,Allegheny country My cor_r' ;igrr.F.?ccires..ktte 7,2015 ME Hgt iR; 40414SVI :d 7, 3F(f A.ES BANK_FIN:467913-1 000011-147109 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK,NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) ) Plaintiff, ) No. 2013-702 ) vs. ) ) MICHAEL A. HOLMES, ) ) Defendant. ) TO: Michael A. Holmes 84 Deerfield Road Camp Hill, PA 17011 DATE OF NOTICE: March 12, 2013 IMPORTANT NOTICE 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 INFORMATION ABOUT FINDING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)-249-3166 1-800-990-9108 TOC. ER),G, P.C. Brett A. Solomon,Esquire Attorney for Plaintiff BANK_FIN:450058-1 000011-147109 CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice was served upon the Defendant, Michael A. Holmes, by depositing thereof in the United States mail, first class postage prepaid, on the 12th day of March 2013, at the following address: Michael A. Holmes 84 Deerfield Road Camp Hill, PA 17011 4 TUC R ARENS , .C. Brett A. Solomon, Esquire Attorney for Plaintiff BANK_FIN:450058-1 000011-147109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. PRAECIPE FOR WRIT OF EXECUTION IN MICHAEL A. HOLMES, MORTGAGE FORECLOSURE Defendant. Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 84 Deerfield Road Camp Hill, PA 17011 (Township of Lower Allen) Tax Parcel No. 13-25-0010-264 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. PRAECIPE FOR WRIT OF EXECUTION IN MICHAEL A. HOLMES, MORTGAGE FORECLOSURE Defendant. Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 84 Deerfield Road Camp Hill, PA 17011 (Township of Lower Allen) Tax Parcel No. 13-25-0010-264 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) ) Plaintiff, ) No. 2013-702 3 ,= vs. ) r MICHAEL A. HOLMES, ) =Q Defendant. ) (e? r.) PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: Prothonotary of Cumberland County: Kindly issue a Writ of Execution in Mortgage Foreclosure in the above matter as follows: Judgment Amount $209,910.60 Interest from 3/26/13 through 6/4/14 at $27.28 per diem 11,812.24 Late Charges ($20.00/mo. for 4/13 to 5/14) 280.00 Attorneys' Fees and Costs $7,500.00 Sub-total $229,502.84 Costs (to be added by the Prothonotary) TOTAL plus interest accruing thereafter at the rate of$27.28 per diem, late charges, additional attorneys' fees and costs and additional expenses incurred by the Bank, continuing through the sheriffs sale of the subject premises and distribution of the proceeds derived therefrom. ai(\ a$• S Y `l TUCKER ARENSBERG, P.0 43 .00 CAF Ito ,kg Li Brett A. Solomon, Esquire U3. -?S t t Michael C. Mazack, Esquire 1 (s, SO < <' Attorneys for PNC Bank, National Association, �� SU k �, Plai ff Sp L< <, �. .50u `' d G- CL# 31)s� T55'ved` ALD.Lt� ? 2# 360-34� Y� 8� Z�C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. AFFIDAVIT PURSUANT TO PA. R.C.P. 3129.1 MICHAEL A. HOLMES, Filed on behalf of PNC Bank, National Defendant. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 rn $' cry►' rte--- o c.,' A 'ra ; ry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) Plaintiff, ) No. 2013-702 vs. ) MICHAEL A. HOLMES, ) Defendant. ) AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 PNC Bank, National Association, Plaintiff in the above action, by its attorneys, Tucker Arensberg, P.C., set forth as of the date of the Praecipe for Writ of Execution was filed the following information concerning the real property located in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania: 1. Name and address of the Owner or Reputed Owner: MICHAEL A. HOLMES 84 Deerfield Road Camp Hill, PA 17011 2. Name and address of Defendant in the judgment: SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC BANK, NATIONAL do Brett A. Solomon, Esquire ASSOCIATION Michael C. Mazack, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 AMERICAN GENERAL 600 N. Royal Avenue FINANCIAL SERVICES, INC. Evansville, IN 47715 AMERICAN GENERAL do Craig H. Fox, Esquire FINANCIAL SERVICES, INC. One Montgomery Plaza 425 Swede Street, Suite 706 Norristown, PA 19401-4851 ADVANTAGE ASSETS II INC. 999 Vanderbilt Beach Road Suite 607 Naples, FL 34108 ADVANTAGE ASSETS II INC. do Michael E. Ratchford, Esquire 120 N Keyser Ave Scranton, PA 18504 DISCOVER BANK do Edward Stock, Esquire Attn: Legal Department 6500 New Albany New Albany, OH 43054 MIDLAND FUNDING LLC do Neil Sarker, Esquire 8875 Aero Drive, Suite 200 San Diego, CA 92129 4. Name and address of last recorded holder of every mortgage of record: PNC BANK, NATIONAL do Brett A. Solomon, Esquire ASSOCIATION Michael C. Mazack, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 152225 PENNSYLVANIA STATE BANK 2148 Market Street Camp Hill, PA 17011 EQUITY TRUST COMPANY P.O. Box 1409 FBO DONNA FLEETWOOD IRA Elyria, OH 44036 EQUITY TRUST COMPANY 161 Old Schoolhouse Lane FBO DONNA FLEETWOOD IRA Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on their property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: CUMBERLAND COUNTY 1 Courthouse Square TREASURER Carlisle, PA 17013 CUMBERLAND COUNTY 1 Courthouse Square TAX CLAIM BUREAU Carlisle, PA 17013 TOWNSHIP OF LOWER ALLEN do Bonnie K. Miller TAX COLLECTOR Lower Allen Township Municipal Services Center 2233 Gettysburg Road Camp Hill, PA 17011 -2- WEST SHORE 507 Fishing Creek Rd SCHOOL DISTRICT P.O. Box 803 New Cumberland, PA 17070-0803 WEST SHORE c/o Bonnie K. Miller SCHOOL DISTRICT Lower Allen Township Municipal Services Center 2233 Gettysburg Road Camp Hill, PA 17011 COMMONWEALTH OF PA P.O. Box 2675 DEPARTMENT OF REVENUE Harrisburg, PA 17105 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY P.O. Box 320 DOMESTIC RELATIONS OFFICE Carlisle, Pennsylvania 17013 TENANT/OCCUPANT 84 Deerfield Road Camp Hill, PA 17011 PA STATE EMPLOYEES 121 Strawberry Square CREDIT UNION Harrisburg, PA 17101 MID STATE DEVELOPMENT, INC. 475 Chippewa Mall Drive Chippewa Falls, WI 54729 DIANA K. HOLMES c/o Kelly M. Knight, Esquire 147 W. Airport Road Lititz, PA 17543 MATTHEW SEMBACH Scaringi and Scaringi, P.C. 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1, and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. -3- 4 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: C AA Li By: Brett A. Solomon, Esquire Michael C. Mazack, Esquire Sworn to nd subscribed before me Attorneys for Plaintiff this ?4k day of Jw7✓�ry , 2014. Notary Public My Commission Expires: -4- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. AFFIDAVIT OF ACT 6 MICHAEL A. HOLMES, Filed on behalf of PNC Bank, National Defendant. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 2171 Cn -- .7-7" y Q s D tJ —i r -5- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) Plaintiff, ) No. 2013-702 vs. ) MICHAEL A. HOLMES, ) Defendant. ) COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, a Notary Public, personally appeared Michael C. Mazack, Esquire, being duly sworn, deposes and says: THAT Notice of PNC Bank, National Association, intention to foreclose, pursuant to 41 P.S. §403 (Act 6 of 1974), was given to Defendant on or about December 10, 2012. Michael C. Mazack, Esquire Sworn to and subscribed before me this ''4-R day of J..' •;ry , 2014. Notary Public My Commission Expires: BANK FIN:466534-1 000011-147109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. AFFIDAVIT OF ACT 91 MICHAEL A. HOLMES, Filed on behalf of PNC Bank, National Defendant. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 r , mai c_ A� to Lar. --a --i r:.) j-- - N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) Plaintiff, ) No. 2013-702 vs. ) MICHAEL A. HOLMES, ) Defendant. ) COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and County, personally appeared Micheal C. Mazack, Esquire, who being duly sworn, deposes and says: THAT Notice pursuant to 35 P.S. §1680.403 (Homeowner's Emergency Mortgage Assistance Act of 1983 --Act 91 of 1983) was given to Defendant on or about December 10, 2012. Michael C. Mazack, •uire Sworn to and subscribed before me this ?.4l■ day of �)�,�u�-f , 2014. Notary Public My Commission Expires: BANK_FIN:466534-1 000011-147109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. AFFIDAVIT OF LAST KNOWN ADDRESS MICHAEL A. HOLMES, Filed on behalf of PNC Bank, National Defendant. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 c-- - ; cp <cJ Q "i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) Plaintiff, ) No. 2013-702 vs. ) MICHAEL A. HOLMES, ) Defendant. ) COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANT Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and County, personally appeared Micahel C. Mazack, Esquire, who being duly sworn, deposes and says as follows: 1. That he is counsel for the Plaintiff in the above referenced matter. 2. That to the best of his knowledge, information and belief, the last known address of Defendant is 84 Deerfield Road, Camp Hill, PA 17011. TUCKER ARENSBERG, P.C. Michael C. Mazack, Esqu. Attorneys for Plaintiff Sworn to and subscribed before me this fak day of J,./10..-c , 2014. Notary Public My Commission Expires: BAN K_F I N:466534-1 000011-147109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, #y,• Plaintiff, ) No. 2013-702 a . C--r cg`s_ , MICHAEL A. HOLMES, ) 3' c' ' Defendant. ) =+ f NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Michael A. Holmes 84 Deerfield Road Camp Hill, PA 17011 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR, JURY ASSEMBLY ROOM ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on June 4, 2014, at 10:00 AM, the following described real estate, of which MICHAEL A. HOLMES, is the owner or reputed owner: Please see attached description of property. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of: PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK vs. MICHAEL A. HOLMES at Ex. No. 2013-702 in the amount of$229,502.84. Claims against property must be filed at the Office of the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint in Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. -2- YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for PNC Bank, National Association, Plaintiff BANK_FIN:466534-1 000011-147109 -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) Plaintiff, ) No. 2013-702 vs. ) MICHAEL A. HOLMES, ) Defendant. ) LEGAL DESCRIPTION OF REAL ESTATE ALL THAT CERTAIN PARCEL known as Lot No. 123, Section "G", Allendale, Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, according to a Plan of Allendale for Mid State Development, Inc., by Whittock-Hartman, R.P.E. dated June 26, 1980, recorded in Plan Book 39, Page 41, bounded and described in accordance with said plan as follows: BEGINNING at a point on the eastern right-of-way line of Woodcrest Court, said point being located and referenced a distance of(1) 811.73 feet from the center line intersection of Cricket Land and Deerfield Road and (2) North 83 degrees 46 minutes 04 seconds East a distance of 25 feet to said Point of Beginning; thence from said point along the eastern right-of- way line of Woodcrest Court North 06 degrees 13 minutes 56 seconds West, a distance of 17.09 feet to a point; thence along said right-of-way line on the arc of a curve curving to the right having a radius of 15 feet, an arc length of 13.82 feet to a point; thence along the same on the arc of a curve curving to the left having a radius of 50 feet, an arc length of 89.75 feet to a point; thence North 32 degrees 56 minutes 48 seconds East along No. 122 a distance of 235.70 feet to a point; thence along the western right-of-way line of Interstate No. 83 (L R No. 333) South 24 degrees 58 minutes 10 seconds East, a distance of 306.00 feet to a point; thence along Lot No. 124 South 83 degrees 46 minutes 04 seconds West, a distance of 253.78 feet to a point on the eastern right-of-way line of Woodcrest Court, the Place of BEGINNING. SAID Lot No. 123 containing 42,965.53 square feet, and is subject to a twenty (20) foot wide drainage easement running North to South through center of Lot. HAVING THEREON ERECTED a dwelling house K/A 84 Deerfield Road, Camp Hill, PA 17011 Tax Parcel No. 13-25-0010-264 -4- BEING THE SAME PREMISES WHICH Equity Trust Company Custodian FBO Donna Fleetwood IRA, by deed dated February 28, 2007 and recorded February 28, 2007 in the Office of the recorder of deeds in and for Cumberland County in Deed Book 278, Page 4569, granted and conveyed unto Michael A. Holmes, single man. Brett A. Solomon, Esq e Michael C. Mazack, Esquire -5- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-702 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK Plaintiff(s) From MICHAEL A. HOLMES (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: $209,910.60 L.L.: Interest FROM 3/26/13 THROUGH 6/4/14 AT$27.28 PER DIEM-$11,812.24 Atty's Comm:$7,500.00 Due Prothy: $2.25 Atty Paid: $207.75 Other Costs: LATE CHARGES($20.00/MO. FOR 4/13 TO 5/14-$280.00 Plaintiff Paid: Date: 1/10/14 David D. :uell,Prothonota (Seal) By: .1 Deputy REQUESTING PARTY: Name: BRETT A. SOLOMON,ESQUIRE Address: TUCKER ARENSBERG,P.C. 1500 ONE PPG PLACE PITTSBURGH,PA 15222 Attorney for: PLAINTIFF Telephone: 412-566-1212 Supreme Court ID No. 83746 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, CIVIL DIVISION No. 2013 -702 vs. MICHAEL A. HOLMES, VERIFICATION OF SERVICE OF NOTICE OF SALE TO DEFENDANTS AND LIEN Defendant. CREDITORS PURSUANT TO PA. R.C.P. 3129 Filed on behalf of PNC BANK NATIONAL ASSOCIATION, Plaintiff Counsel of record for this party: Michael C. Mazack, Esquire Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566 -1212 SALE DATE: June 4, 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, vs. MICHAEL A. HOLMES, Defendant. CIVIL DIVISION No. 2013 -702 VERIFICATION OF SERVICE OF NOTICE OF SALE TO DEFENDANTS AND LIEN CREDITORS The undersigned does hereby certify that service of the Notice of Sale was completed on Defendant, Michael A. Holmes, by certified mail at his last known address of 84 Deerfield Road, Camp Hill, PA 17011 on April 25, 2014. A copy of the certified mail receipt is attached hereto as Exhibit "A ". The undersigned does hereby certify that the undersigned personally mailed a copy of the Notice of Sale in the above captioned matter by First Class Mail to all Lien Creditors and Parties of Interest on May 5, 2014, as evidenced by P.S. Form 3817 attached hereto as Exhibit Michael C. Mazack, Esquire Sworn to nd subscribed before me this 15-Ii day of fit" , 2014. Notary Public My Commission Expires: BANK_FIN:480355-1 000011 - 147109 WEALTH OF PENNSYLVANIA Notarial Se31 Matthew G F 1c berg, Notary Public City got vfi.tchurgr, AIlegherly C .r.nty my Commissicr Exyiret; June 7, 2015 014- 1$ ci ;'ii3ao- CrtiWL1 ?i55Eirlgiftfuo! a,6" neo?,cF` -*ES SENDER: COMPLETE THIS SECTION (o COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: f `'avtz ( ri� R��MtS co-( i),,,c[', « LA C,(,1, µ�t(� e ( -)6t ( D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 2. Article Number (Transfer from service label) 3. Service Type 19 Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7012 7012 1640 0001 1648 8504 PS Form 3811, February 2004 ti co co ✓ I r1 ti ti 1i O r-1 n.l r4 a Domestic Return Receipt U.S. Postal ServiceTr,, CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To or Steer, apr.N0.; ,t n� i� 0j tell Pr too[ City, State, ZIP +4 PS Form 3800, August 2006 See Reverse for Instructions EXHIBIT 102595 -02 -M -1540 ; Name and Address of Sender Tucker Arensberg, P.C. Attn: Matt Friedberg 1500 One PPG Place Pittsburgh, PA 15222 PNC/HOLMES 000011/147109 Indicate Type of Mail: Registered Return Receipt Insured for merchandise COD Int'1 Recorded Certified Express Mail Check Appropriate block for Registered Mail: With Postal Insurance Without Postal Insurance Affix stamp here if issued as certificate of mailing or for additional copies of this bill. Postmark and Date of Receipt Line Article Number Name of Addressee, Street, and Post Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Sender If COD RR Fee SD Fee SH Fee Rest. Del. Fee Remarks 1 Equity Trust Company FBO Donna Fleetwood IRA 161 Old Schoolhouse Lane Mechanicsburg, PA 17055 .49 .48 'g '-�' 2 Cumberland County Treasurer 1 Courthouse Square Carlisle, PA 17013 .49 .48 G .i f'.i - l.) ��� CD 3 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 .49 .48 £$ 4 Township of Lower Allen Tax Collector do Bonnie K. Miller Lower Allen Township Municipal Services Center 2233 Gettysburg Road Camp Hill, PA 17011 .49 .48 ; 3 momornim EXHIBIT n 5 West Shore School District 507 Fishing Creek Rd P.O. Box 803 New Cumberland, PA 17070 -0803 .49 .48 6 West Shore School District do Bonnie K. Miller Lower Allen Township Municipal Services Center 2233 Gettysburg Road Camp Hill, PA 17011 .49 .48 7 Commonwealth of PA Department of Revenue P.O. Box 2675 Harrisburg, PA 17105 .49 .48 8 Cumberland County Domestic Relations Office P.O. Box 320 Carlisle, Pennsylvania 17013 .49 .48 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office .0 �,� Postmaster, Per (Name of rece'ving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise insurance is $500. The maximum indemnity payable is $25,000 for registered mail, sent with optional postal insurance. See Domestic Mail Manual R900, S913 and S921 for limitations of coverage on Insured and COD mail. See International Mail Manual for limitations of coverage on international mail. Special handling charges apply only to third and fourth class parcels. Name and Address of Sender Tucker Arensberg, P.C. Attn: Matt Friedberg 1500 One PPG Place Pittsburgh, PA 15222 PNC/HOLMES 000011/147109 Indicate Type of Mail: Registered Return Receipt Insured for merchandise COD Int'l Recorded Certified Express Mail Check Appropriate block for Registered Mail: With Postal Insurance Without Postal Insurance Affix stamp here if issued as certificate of mailing or for additional copies of this bill. Postmark and Date of Receipt Line Article Number Name of Addressee, Street, and Post Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Sender If COD RR Fee SD Fee SH Fee Rest. Del. Fee Remarks 1 American General Financial Services, Inc. 600 N. Royal Avenue Evansville, IN 47715 .49 .48 2 American General Financial Services, lnc. do Craig H. Fox, Esquire Plaza One Montgomery Plaza Swede Street, Suite 706 Norristown, PA 19401-4851 .49 .48 r ; t i ° ") ,vr�5 r , .,1 c ; 'f' r-i 'Y 3 Advantage Assets II, Inc. 999 Vanderbilt Beach Road Suite 607 Naples, FL 34108 .49 .48 4 Advantage Assets II, Inc. do Michael E. Ratchford, Esquire 120 N Keyser Ave Scranton, PA 18504 .49 .48 .M 5 Discover Bank do Edward Stock, Esquire Attn: Legal Department 6500 New Albany New Albany, OH 43054 .49 .48 6 Midland Funding, LLC do Neil Sarker, Esquire 8875 Aero Drive, Suite 200 San Diego, CA 92129 .49 .48 7 Pennsylvania State Bank 2148 Market Street Camp Hill, PA 17011 .49 .48 8 Equity Trust Company FBO Donna Fleetwood IRA P.O. Box 1409 Elyria, OH 44036 .49 .48 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office / 6. . -� /,�/� f Postmaster, Per (Name ofrece'ving Employee) jL,ctic �C.Ci�� The fu indemnity reconstruction is $50,000 Express mail, sent limitations coverage 1 declaration of value is required on all domestic and international registered mail. The maximum payable for the reconstruction of nonnegotiable documents under Express Mail document insurance per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Mail merchandise insurance is $500. The maximum indemnity payable is $25,000 for registered with optional postal insurance. See Domestic Mail Manual R900, S913 and S921 for of coverage on Insured and COD mail. See International Mail Manual for limitations of on international mail. Special handling charges apply only to third and fourth class parcels. Name and Address of Sender Tucker Arensberg, P.C. Attn: Matt Friedberg 1500 One PPG Place Pittsburgh, PA 15222 PNC/HOLMES 000011/147109 Indicate Type of Mail: Registered Return Receipt Insured for merchandise COD Intl Recorded Certified Express Mail Check Appropriate block for Registered Mail: With Postal Insurance Without Postal Insurance Affix stamp here if issued as certificate of mailing or for additional copies of this bill. Postmark and Date of Receipt Line Article Number Name of Addressee, Street, and Post Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Sender If COD RR Fee SD Fee SH Fee Rest. Del. Fee Remarks 1 Tenant/Occupant 84 Deerfield Road Camp Hill, PA 17011 .49 .4S 1 "i .48 i . -a 2 PA State Employees Credit Union 121 Strawberry Square Harrisburg, PA 17101 .49 .48 3 Mid State Development, Inc. 475 Chippewa Mall Drive Chippewa Falls, WI 54729 .49 .48 ; t y` r� 4 Diana K. Holmes c/o Kelly M. Knight, Esquire 147 W. Airport Road Lititz, PA 17543 .49 .48 1; .. 5 Matthew Sembach Scaringi and Scaringi, P.C. 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 .49 6 .49 .48 7 .49 .48 8 .49 .48 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office �,� �Jr Postmaster, Per (Name of rece Bing Employee) The fu indemnity reconstruction is $50,000 Express mail, sent limitations coverage 1 declaration of value is required on all domestic and international registered mail. The maximum payable for the reconstruction of nonnegotiable documents under Express Mail document insurance per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Mail merchandise insurance is $500. The maximum indemnity payable is $25,000 for registered with optional postal insurance. See Domestic Mail Manual R900, S913 and S921 for of coverage on Insured and COD mail. See International Mail Manual for limitations of on international mail. Special handling charges apply only to third and fourth class parcels. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, vs. MICHAEL A. HOLMES, Defendant. CIVIL DIVISION --0 . :4_ r, z r 3 r7 ---C •':---i C7) No. 2013-702 -0 --: 2 c-) =S = .-.,. NOTICE OF THE DATE OF CONtINt:TED=: SHERIFF'S SALE Filed on behalf of PNC BANK, NATIONAL ASSOCIATION, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, vs. MICHAEL A. HOLMES, Defendant. CIVIL DIVISION No. 2013-702 NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for June 4, 2014, at 10:00 a.m. in the above -captioned matter has been continued until August 6, 2014, at 10:00 a.m. Date: 7/29N Brett A. Solomon, Esquire Pa. I. D. #83746 bsolomon(a�tuckerlaw.com Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION '% SUCCESSOR BY MERGER TO --G=" • 7:- • I, PENNSYLVANIA STATE BANK,Fri w c= r��{=e F— --0Orr 1- ▪ .7.-r.;C s Plaintiff, No. 2013-702`�'<• ; --, -CD ; r � f `r' MICHAEL A. HOLMES, NOTICE OF THE DATE OF CONTI;NUFD ?} SHERIFF'S SALE "-"' Defendant. Filed on behalf of PNC BANK, NATIONAL ASSOCIATION, Plaintiff. Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, vs. MICHAEL A. HOLMES, Defendant. CIVIL DIVISION No. 2013-702 NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for August 6, 2014, at 10:00 a.m. in the above -captioned matter has been continued until September 3, 2014, at 10:00 a.m. Date: 7/29/iy Brett A. Solomon, Esquire Pa. I. D. #83746 bsolomon(tuckerlaw.com Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. MICHAEL A. HOLMES, Defendant. TYPE OF PLEADING: MOTION TO POSTPONE SHERIFF'S SALE WITHOUT FURTHER NOTICE OR ADVERTISING PURSUANT TO PA.R.C.P. 3129.3 FILED ON BEHALF OF: PNC Bank, National Association. Counsel of Record for This Party: Brett A. Solomon, Esquire Pa. I.D. #83746 Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, vs. MICHAEL A. HOLMES, Defendant. CIVIL DIVISION No. 2013-702 MOTION TO POSTPONE SHERIFF'S SALE WITHOUT FURTHER NOTICE OR ADVERTISING PURSUANT TO PA.R.C.P. 3129.3 AND NOW, comes the Plaintiff, PNC Bank, National Association, by and through its counsel, Tucker Arensberg, P.C., and moves this Court for an Order allowing postponement of the Sheriffs Sale without further notice or advertising pursuant to Rule 3129.3 of the Pennsylvania Rules of Civil Procedure and in support of said Motion, avers as follows: 1. The Plaintiff has filed a Complaint in Mortgage Foreclosure relative to real property known as 84 Deerfield Road, Camp Hill, Pennsylvania 17011 (the "Property"). 2. A judgment in Mortgage Foreclosure was subsequently entered against the Defendants in this action. 3. The Property was scheduled to be sold at the Cumberland County Sheriffs Sale on June 4, 2014 and was postponed to the August 6, 2014 and September 4, 2014 sale dates so the Plaintiff could update their appraisal and environmental impact survey for the Property. 4. Plaintiff is seeking an additional postponement of the Sheriff Sale to the November 5, 2014 sale date to complete their pre -sale inspections of the Property. 5. Plaintiff would be unnecessarily prejudiced if required to stay the writ and reissue a new writ for the purpose of new notice and advertising, as Plaintiff would incur new costs in excess of $1,500.00 along with continuing to carry the amount of principal and interest owed by the Defendants on the note and mortgage being foreclosed. 6. The Plaintiff believes and therefore avers that no other parties will be prejudiced by entry of this Order. 7. Pa.R.C.P. 3129.3(b) allows for a special order of court dispensing with new notice at the discretion of the court. 8. The instant action has not been previously assigned to a judge, excluding the involvement of the Honorable Kevin A. Hess, P.J., in the residential mortgage diversion program. 9. The defendant is not represented by counsel and therefore plaintiff has no means to seek concurrence in the instant motion except by mail. WHEREFORE, Plaintiff moves this Honorable Court to enter an Order allowing Plaintiff a further postponement to November 5, 2014, pursuant to Pa.C.R.P. 3129.3(b), and further, directing the Sheriff to sell the real property on November 5, 2014 without the need of further advertising or further notice. BANIt.IN:48E0864 0:0011.147109 Respectfully submitted, TUCKER ARENSBERG, P.C. Michael C. Mazack, Esq. 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) ) No. 2013-702 Plaintiff, ) vs. ) MICHAEL A. HOLMES, ) Defendant. ) CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion, was served on all opposing parties on the 27th day of August, 2014 via first class mail as follows: Michael A. Holmes 84 Deerfield Road Camp Hill, PA 17011 Michael C. Mazack,°Esquire J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, vs. MICHAEL A. HOLMES, Defendant. CIVIL DIVISION No. 2013-702 ORDER OF COURT AND NOW, this Ztday of /4:74.41-- , 2014, the within Motion of PNC Bank, National Association, is granted. It is hereby ORDERED that Plaintiff is allowed a continuance of the Sheriffs Sale scheduled in the above referenced case to November 5, 2014, without the need for further advertising or any further notice. Distribution: ✓Michael C. Mazack, Esquire For the Plaintiff ichael Holmes, Pro se defendant Sheriff Court Administration ies /%1i'(5.(_ S9/.y .=M J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. MICHAEL A. HOLMES, Defendant. TYPE OF PLEADING: MOTION TO POSTPONE SHERIFF'S SALE WITHOUT FURTHER NOTICE OR ADVERTISING PURSUANT TO PA.R.C.P. 3129.3 FILED ON BEHALF OF: PNC Bank, National Association. Counsel of Record for This Party: Brett A. Solomon, Esquire Pa. I.D. #83746 Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 T HE PRO 'I HONQri.. � ZOI'I SEP -2 Ptd 2: 15 CUMBER.A UHT'�' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plrfis A PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. MICHAEL A. HOLMES, NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE Defendant. Filed on behalf of PNC BANK, NATIONAL ASSOCIATION, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, vs. MICHAEL A. HOLMES, Defendant. CIVIL DIVISION No. 2013-702 NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for September 3, 2014, at 10:00 a.m. in the above - captioned matter has been continued until November 5, 2014, at 10:00 a.m. Date: 101/(Y Brett A. Solomon, Esquire Pa. I. D. #83746 bsolomon a(�tuckerlaw.com Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. MICHAEL A. HOLMES, Defendant. TYPE OF PLEADING: MOTION TO POSTPONE SHERIFF'S SALE WITHOUT FURTHER NOTICE OR ADVERTISING PURSUANT TO PA.R.C.P. 3129.3 FILED ON BEHALF OF: PNC Bank, National Association. Counsel of Record for This Party: Brett A. Solomon, Esquire Pa. I.D. #83746 Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 _0 (-4 m 7-7 cn r— � > co.) SDc ry r4 CD , -4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, vs. MICHAEL A. HOLMES, Defendant. CIVIL DIVISION No. 2013-702 MOTION TO POSTPONE SHERIFF'S SALE WITHOUT FURTHER NOTICE OR ADVERTISING PURSUANT TO PA.R.C.P. 3129.3 AND NOW, comes the Plaintiff, PNC Bank, National Association, by and through its counsel, Tucker Arensberg, P.C., and moves this Court for an Order allowing postponement of the Sheriffs Sale without further notice or advertising pursuant to Rule 3129.3 of the Pennsylvania Rules of Civil Procedure and in support of said Motion, avers as follows: 1. The Plaintiff has filed a Complaint in Mortgage Foreclosure relative to real property known as 84 Deerfield Road, Camp Hill, Pennsylvania 17011 (the "Property"). 2. A judgment in Mortgage Foreclosure was subsequently entered against the Defendants in this action. 3. The Property was scheduled to be sold at the Cumberland County Sheriffs Sale on June 4, 2014 and was postponed to the August 6, 2014, September 4, 2014 and November 5, 2014 sale dates so the Plaintiff could update their appraisal and environmental impact survey for the Property. 4. Plaintiff is seeking an additional postponement of the. Sheriff Sale to the November 5, 2014 sale date to complete their pre -sale inspections of the Property. 5. Plaintiff would be unnecessarily prejudiced if required to stay the writ and reissue a new writ for the purpose of new notice and advertising, as Plaintiff would incur new costs in excess of $1,500.00 along with continuing to carry the amount of principal and interest owed by the Defendants on the note and mortgage being foreclosed. 6. The Plaintiff believes and therefore avers that no other parties will be prejudiced by entry of this Order. 7. Pa.R.C.P. 3129.3(b) allows for a special order of court dispensing with new notice at the discretion of the court. 8. The instant action has not been previously assigned to a judge, excluding the involvement of the Honorable Kevin A. Hess, P.J., in the residential mortgage diversion program. 9. The defendant is not represented by counsel and therefore plaintiff has no means to seek concurrence in the instant motion except by mail. WHEREFORE, Plaintiff moves this Honorable Court to enter an Order allowing Plaintiff a further postponement to January 7, 2015, pursuant to Pa.C.R.P. 3129.3(b), and further, directing the Sheriff to sell the real property on January 7, 2015 without the need of further advertising or further notice. Nath - C. Wolf, Esq. Loca • unsel for Plaintiff 8!4KF 0J?190142-1003011447109 Respectfully submitted, TUCKER ARENSBERG, P.C. Michael C. Mazack, Esq. 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION SUCCESSOR BY MERGER TO ) PENNSYLVANIA STATE BANK, ) ) No. 2013-702 Plaintiff, ) vs. ) MICHAEL A. HOLMES, ) Defendant. ) CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion, was served on all opposing parties on the V' day of October, 2014 via first class mail as follows: Michael A. Holmes 84 Deerfield Road Camp Hill, PA 17011 Michael C. Mazac Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, vs. MICHAEL A. HOLMES, Defendant. CIVIL DIVISION No. 2013-702 ORDER OF COURT AND NOW, this V` day of , 2014, the within Motion of PNC Bank, National Association, is granted. It is hereby ORDERED that Plaintiff is allowed a continuance of the Sheriff's Sale scheduled in the above referenced case to January 7, 2015, without the need for further advertising or any further notice. ution: c/ib kit.4 ..b,) lad, f ,/Altichael C. Mazack, Esquire For the Plaintiff chael Holmes, Pro se defendant ✓Sheriff f/ Court Administration R1_,. 6'1" copres trzilf:cL ii/shy \ff - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, vs. MICHAEL A. HOLMES, Defendant. CIVIL DIVISION No. 2013-702 NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE Filed on behalf of PNC BANK, NATIONAL ASSOCIATION, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, vs. MICHAEL A. HOLMES, Defendant. CIVIL DIVISION No. 2013-702 NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for November 5, 2014, at 10:00 a.m. in the above - captioned matter has been continued until January 7, 2015, at 10:00 a.m. Date: ///9//// Brett A. Solomon, Esquire Pa. I. D. #83746 bsolomon@tuckerlaw.com Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson TILED -OFFICE Sheriff CF THE PROTHONOTARY Jody S Smith Chief Deputy rte 2014 DEC `9 PH 2: 56 Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA 4 titr at LrM6r ii)../G QFfaCE OFTkE S'ftERIFF PNC Bank National Association Case Number vs. Michael A Holmes 2013-702 SHERIFF'S RETURN OF SERVICE 03/27/2014 12:39 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 84 Deerfield Road, Lower Allen - Township, Camp Hill, PA 17011, Cumberland County. 03/27/2014 12:39 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Michael A Holmes at 84 Deerfield Road, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 05/28/2014 As directed by Brett A. Solomon, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/6/2014 07/30/2014 As directed by Brett A. Solomon, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/3/2014 08/29/2014 As directed by Brett A. Solomon, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/5/2014 11/05/2014 As directed by Brett A. Solomon, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/7/2015 12/09/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,151.50 December 09, 2014 (c) CountySude Sheriff, 'Teleosoft, Inc. SO ANSWERS, RONNY R ANDERSON, SHERIFF C`. 99o'G 3/ V�� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, No. 2013-702 vs. MICHAEL A. HOLMES, Defendant. AFFIDAVIT OF LAST KNOWN ADDRESS Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, vs. MICHAEL A. HOLMES, Defendant. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) ) ) CIVIL DIVISION No. 2013-702 SS: AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANT Before .me the undersigned, a Notary Public in and for aforesaid Commonwealth and County, personally appeared Micahel C. Mazack, Esquire, who being duly sworn, deposes and says as follows: 1. That he is counsel for the Plaintiff in the above referenced matter. 2. That to the best of his knowledge, information and belief, the last known address of Defendant is 84 Deerfield Road, Camp Hill, PA 17011. Sworn to and subscribed before me this Pk day of J,n,), , 2014. Notary Public � c. My Commission Expires: c:.. BANK_FIN:466534-1 000011-147109 My (.2,11 -i'=;ii Ft. "- : ='- . m:'. . 2(1.5 r��'Q3 TUCKER ARENSBERG, P.C. Michael C. Mazack, Es Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, vs. MICHAEL A. HOLMES, Defendant. CIVIL DIVISION No. 2013-702 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Michael A. Holmes 84 Deerfield Road Camp Hill, PA 17011 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the. CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR, JURY ASSEMBLY ROOM ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on June 4, 2014, at 10:00 AM, the following described real estate, of which MICHAEL A. HOLMES, is the owner or reputed owner: Please see attached description of property. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of: PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK vs. MICHAEL A. HOLMES at Ex. No. 2013-702 in the amount of $229,502.84. date. Claims against property must be filed at the Office of the Sheriff before the above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint in Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. -2- YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFFS SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. BANK_FIN:466534-1 000011-147109 Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for PNC Bank, National Association, Plaintiff -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, Plaintiff, vs. MICHAEL A. HOLMES, Defendant. CIVIL DIVISION No. 2013-702 LEGAL DESCRIPTION OF REAL ESTATE ALL THAT CERTAIN PARCEL known as Lot No. 123, Section "G", Allendale, Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, according to a Plan of Allendale for Mid State Development, Inc., by Whittock-Hartman, R.P.E. dated June 26, 1980, recorded in Plan Book 39, Page 41, bounded and described in accordance with said plan as follows: BEGINNING at a point on the eastern right-of-way line of Woodcrest Court, said point being located and referenced a distance of (1) 811.73 feet from the center line intersection of Cricket Land and Deerfield Road and (2) North 83 degrees 46 minutes 04 seconds East a distance of 25 feet to said Point of Beginning; thence from said point along the eastern right-of- way line of Woodcrest Court North 06 degrees 13 minutes 56 seconds West, a distance of 17.09 feet to a point; thence along said right-of-way line on the arc of a curve curving to the right having a radius of 15 feet, an arc length of 13.82 feet to a point; thence along the same on the arc of a curve curving to the left having a radius of 50 feet, an arc length of 89.75 feet to a point; thence North 32 degrees 56 minutes 48 seconds East along No. 122 a distance of 235.70 feet to a point; thence along the western right-of-way line of Interstate No. 83 (L R No. 333) South 24 degrees 58 minutes 10 seconds East, a distance of 306.00 feet to a point; thence along Lot No. 124 South 83 degrees 46 minutes 04 seconds West, a distance of 253.78 feet to a point on the eastern right-of-way line of Woodcrest Court, the Place of BEGINNING. SAID Lot No. 123 containing 42,965.53 square feet, and is subject to a twenty (20) foot wide drainage easement running North to South through center of Lot. 17011 HAVING THEREON ERECTED a dwelling house K/A 84 Deerfield Road, Camp Hill, PA Tax Parcel No. 13-25-0010-264 -4- BEING THE SAME PREMISES WHICH Equity Trust Company Custodian FBO Donna Fleetwood IRA, by deed dated February 28, 2007 and recorded February 28, 2007 in the Office of the recorder of deeds in and for Cumberland County in Deed Book 278, Page 4569, granted and conveyed unto Michael A. Holmes, single man. Brett A. Solomon, Es• e Michael C. Mazack, Esquire -5- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-702 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO" THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK Plaintiff (s) From MICHAEL A. HOLMES (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: $209,910.60 L.L.: Interest FROM 3/26/13 THROUGH 6/4/14 AT $27.28 PER DIEM- $11,812.24 Atty's Comm:$7,500.00 Due Prothy: $2.25 Atty Paid: $207.75 Other Costs: LATE CHARGES ($20.00/MO. FOR 4/13 TO 5/14 - $280.00 Plaintiff Paid: Date: 1/10/14 (Seal) REQUESTING PARTY: Name: BRETT A. SOLOMON, ESQUIRE Address: TUCKER ARENSBERG, P.C. 1500 ONE PPG PLACE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-566-1212 Supreme Court ID No. 83746 David D. Buell, Prothonotary Yui, Q. Deputy TRUE COPY FROM RECORD In Testimony whereof, i her unto set my hand and the seal of said Court at Carlisle; Pa. This __AL day of 20 Pr r)morwtary LXIII 16, CUMBERLAND LAW, JOURNAL , 04/ 18/ 14 Writ No. 2013-702 Civil Term PNC Bank National Association vs. Michael A. Holmes Atty.: Brett A. Solomon ALL THAT CERTAIN PARCEL known as Lot No. 123, Section "G°, Allendale, Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, according to a Plan of Allendale for Mid State Develop- ment, Inc., by Whitlock -Hartman, R.P.E. dated June 26, 1980, recorded in PlanBook 39, Page 41, bounded and described in accordance with said plan as follows: . BEGINNING at a point on the east= ern right;vf--way line of Woodcrest Court, said point being located and referenced a, distance of(1) 811.73 feet fromthe center line intersection of Cricket Land and Deerfield Road and (2) North 83 degrees 46 minutes 04 seconds East a distance of 25 feet to said Point of Beginning; thence from said point along the eastern right -of way line of Wood crest Court North 06 degrees 13 minutes 56 sec- onds West, a distance of 17.09 feet to a point; thence along said right-of- way line on the arc of a curve curving to the right having a radius of 15 feet, an arc length of 13.82 feet to a point; thence along the same on the arc of a curve curving to the left having a radius of 50 feet, an arc length of 89.75 feet to a point; thence North 32 degrees 56 minutes 48 seconds East along No. 122 a distance of 235.70 feet to a point; thence along the western right-of-way line of Inter- state No. 83 (L R No. 333) South 24 degrees 58 minutes 10 seconds East, a distance of 306.00 feet to a point; thence along Lot No. 124 South 83 degrees 46 minutes 04 seconds West, a distance of 253.78 feet to a point on the eastern right-of-way line of Wood crest Court, the Place of BEGINNING. SAID Lot No. 123 containing 42,965.53 square feet, and is subject to a twenty (20) foot wide drainage easement running North to South through center of Lot. HAVING THEREON ERECTED a dwelling house 84 Deerfield Road, Camp Hill, PA 17011. - Tax Parcel No. 13-25-0010=264. BEING THE .SAME PREMISES WHICH Equity Trust Company,Cus- todian FBO Donna Fleetwood IRA, by deed dated February. 28, 2007 and recorded February 28, 2007 in the Office:of the recorder of deeds in and for Cumberland County in Deed Book.278, Page 4569, granted and conveyed unto Michael A Holmes, single man. 68 • The Patriot -News Co. 2020 Technology Pkwy Suite 300 ylechanicsburg, PA 17050 - Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he patriot*News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds �„ t,a_nd for said County_of.Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2013-702 Civil Term PNC Bank National Association Vs . Michael A Holmes Atty: Brett A. Solomon ALL THAT CERTAIN PARCEL tuown as Lot No. 123, Section "G", lendale, Lower Allen Township, mberland County, Commonwealth Pennsylvania, according' to a Plan of; Allendale for Mid 'State Development, Inc., by . Whitlock - Hartman, R.P.E. dated June .26,1980, to a point;'ttience aamg 3aro way line on the arc of a curve curving to the right having a radius of 15 feet, an arc length of 13.82 feet to a point; thence along the same on the arc of l a curve curving to the left having a radius of 50 feet, an arc length of 89.75 feet to a point; thence North 32 degrees 56 minutes 48 seconds East alone No. 122 a distance of 235.70 feet , Swor This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 subscribed before me day of May, 2014 A.D. Public ,-O 1(ICNWEALTii OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12 2016 MEMBER. PENNSYLVANIA ASSOCIATION OF NOTARIES t hepatriot-News Now you know 2020 Technology Parkway Mechanicsburg, PA (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL Date Description Sale # Size Rate Net Cost Of Ad 04/13/14 Sheriff Sale 702 10.99 $14.26 $ 156.72 04/20/14 Sheriff Sale 702 10.99 $14.26 $ 156.72 04/27/14 Sheriff Sale 702 10.99 $14.26 $ 156.72 Notary Fee $5.00 Digital Penn Live Charge $ 24.10 TOTAL DUE FOR THIS SALE: JLC $ 499.26