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HomeMy WebLinkAbout13-0721KEEPER WOOD ALLEN 8c RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW ~ ~ r.. ` ~' v. ~ ~... t,r, -~a~ VI ~.." .~ I? NO ~w _~.. .~ j . z~ , ._ r E : ~ ca : er MORTGAGE FORECLOSURE ~~ ~~, ~ ~---° SIGNATURE FINANCE & r'~=' ---+~', CONSULTING, LLC ~~~-, ~~' ~--' ~- c~ ~ ~. -~- Defendant . ~;, c. .._.. ~.,, _~ n> 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 afterthis Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NOT FEE. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Attorne r ~ (s) aM~~~S~ Q~1 Cwt 9s~~~ ~.~ age ~~ 4 KEEPER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW NO. SIGNATURE FINANCE & CONSULTING, LLC Defendant AVISO MORTGAGE FORECLOSURE USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinera reclamada en la demanda o cualquier otra reclamation o remedio solicitado pro el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pars usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. PENNSYLVANIA LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 s. Bedford Street Carlisle, PA 17013 (717) 249-3166 ~~ Attorney for PI (s) KEEPER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. CIVIL ACTION -LAW NO. SIGNATURE FINANCE & CONSULTING, LLC Defendant MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff is BELCO Community Credit Union, whose address is 449 Eisenhower Boulevard, Harrisburg, Pennsylvania 17111. 2. Defendant is Signature Finance & Consulting, LLC, a Pennsylvania limited liability company, whose last known address is 200 Corporate Circle, Harrisburg, Pennsylvania 17111. 3. Defendant is the owner of a tract(s) or parcel(s) of land with buildings and other improvements thereon located at 145 D Street, Borough of Carlisle, Cumberland County, Pennsylvania (the "Premises"). The Premises are more fully described hereinafter. 4. On or about March 6, 2008, Defendant, for good and valuable consideration, executed and delivered a Commercial Promissory Note (the "Note") to Plaintiff. A true and correct copy of the Note is attached hereto, made a part hereof and marked Exhibit A. 5. On or about March 6, 2008, Defendant executed an Open-End Mortgage in favor of Plaintiff (the "Mortgage"), which Mortgage was duly recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, at Instrument Number 200808124. A true and correct copy of the Mortgage is attached hereto, made a part hereof and marked Exhibit B. 6. The failure of the Defendant, among other things, to pay when due and payable the payments under the Note constitutes a "default" as defined under the terms of the Mortgage. KEEPER WOOD ALLEN & fV1HAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 7. The Defendant has failed and refused, among other things, to make payments due and payable under the Note. 8. The terms of the Mortgage provide that upon the occurrence of a default by the Defendant, the Plaintiff may accelerate and demand immediate payment of all sums due under the Mortgage. 9. The sum presently due and payable to Plaintiff by Defendant which is secured by the Mortgage is computed as follows: a. Unpaid Principal $137,359.01 b. Accrued Interest through 02/_/13 $ 3,246.78 c. Late Charges through 02/ /13 $ 542.80 d. Attorney's Fees $ 6,850.00 TOTAL $147,998.59 10. Notice of the availability of mortgage assistance under the Homeowners Emergency Mortgage Disclosure Act of 1993 (Act 91) was not required. 11. Notice of Intention to Foreclose pursuant to Section 403 of Act 6 was not required. WHEREFORE, Plaintiff demands judgment in the sum of $147,998.59, together with interest as may accrue from and after February 8, 2013, and costs of suit, and for foreclosure of the Mortgage and judicial sale of the Premises. KEEPER, WOOD, ALLEN & RAHAL, LLP Date: February 7, 2013 gy: Euge E. Pe insky, Jr. Attorn y I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff KEEPER WOOD ALLEN Sc RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 VERIFICATION The undersigned, Rebecca Y. Heisey, hereby verifies and states that: 1. She is Coordinator of Loss Prevention of Belco Community Credit Union, Plaintiff herein; 2. She is authorized to make this Verification on its behalf; 3. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification htebecca Y. Heisey Dated: ~bwa.~'~ o° 2013 Prepared By: BELCO COMMUNITY CREDiI UNION 449 EISENLIOWER BLVD HARRISBURG, PA 17111 Return l~o: BELCO COMMUNITY CREDIT UNION 449 EISENHOWER BLVD HARRISBURG, PA 17111 Parcel Number: 08.19 1643 257 Premises: 145 D STREET, CARLISLE, PA 17013 -Commonwealth of Pennsylvania Space Above This Line For Recording Data - ®PEN-ENQ MOR'T'GAGE This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is o3~os 2008 _ and the parties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR: SIGNAI URE FINANCE & CONSULTING, LLC 500 N. PROGRESS AVE. HARRISBURG, PA 17109 _ If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. PENNSYLVANIA ~ AGRICULTURALICOMMERCIAL PEAL ESTAT[ SECURITY INSTRUMENT !NOi FOR FNMl~, FHLMC. FN OR V USE, ANU NOT FOFl CONSUMfFi PuFtPUSLS; !P age i v! 151 ~~~~ 1954. 2001 8anken Systems, Inc., 5i. CIuu4 Idly Form AGCO~RESI-PA 9120/2005 ~~ debts below it is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc,) SIGNATURE FINANCE & CONSULTING, LLC $148,000 COMMERCIAL MORTGAGE B. All future advances from Leader to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security InstrumerrL Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitnent must be agreed to in a separate writing, C. All obligations Mortgagor owes to Lender, which now exist or may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced arrd expenses incurred by Lender under the terms of this Security Instrument, This Security Instrurrrent will not secure any other debt if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. fvlortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has tf~~e right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record, 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants, ~ ~--~ ipage :; o! 151 ~~G ~- '354 2001 Banews System;, Inc., SI. Cloud, PAN Form AGGO-RESI-NA 9/202005 the power of Mortgagor, have been duly authorized, have received all necessary governmental approval, and will not violate any provision of law, or order of court or governmental agency. C. Other than previously disclosed in writing to Lender, fVlortgagor has not changed its name within the last ten years and has not used any other trade or fictitious name. Without Lender's prior written consent, Mortgagor does not and will not use any other name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied. 12. PROPERTY CONDITION, ALTERATIONS AND IfdSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor wil! keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Leader of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Mortgagor shall not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 13. AUTHORITY T~O PERFORM. if Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender niay, wittrout notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary far performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising arry of Lender's other rights under tine law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 14. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, conveys and mortgages to Lender as additional security all the right, title and interest in the following (Property). ~~ ~ !~7age 5 vl 151 ~t-~~!?a - '~9n 2G0 .~nr.ei, `~y,teirs li~c, ~:. Ctoud, IAN r~rrn AGCO-RESi~Ph S; x(1;2005 J f-._ _._-- ___ consent. Lender does not assume or become liable for tt-~e Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts, Otherwise, Mortgagor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases, 15. LEASEHOLDS; CONDOMINIUMS; PLANNED UtVIT~ DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold, If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned- unit development. 16. DEFAULT. Mortgagor will be ~in default if any of the following occur: A. Any party obligated nn the Secured Debt fails to make payment when due; B, A breach of any term or covenant in tf~is Security Instrument or any other document executed for the purpose of creating, securing or guarantying tyre Secured Debt; C. The making or furnishing of any verbal or written representation, statement or warranty to Lender that is false or incorrect in any material respect by Mortgagor or any person or entity obligated on the Secured Debt; D, The death, dissolution, or insolvency of, appointment of a receiver tor, ar application of any debtor relief law to, Mortgagor or any other person or entity obligated on the Secured Debt; E. A good faith belief by Lender at any time that Lender is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment is impaired or the value of the Property is impaired; F. A material adverse change in Mortgagor's business including owr~ersl~ip, management, and financial conditions, which Lender in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart G, Exhibit M. 17. REMEDIES ON DEFAULT. fn some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a marner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter, In addition, Lender shall be entitled to all the remedies provided by law, the i;,a9c 7 u! ~ 51 ~rr~~ `. !994, 2on+ L'enr.e:rs Sustains, Ine_ St QUJd, IdN Purm AGCPRE51-PA 912r,2005 migrates or threatens to migrate from nearby property; or (21 there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Environmental Law. D. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of ar~y Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are and shall rern~.rir~ in full compliance with any applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable tune to determine (1) the existence, location and nature of any Hazardous substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. I. Upon Lender's request and at any time, Mortgagor agrees, at (V1ortyagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Leader and Lender's successors or assigns harmless from and against alf losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and L_ender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument: and in return Mortgago will provide Lender with L_,.X( H-'f'~~P' ,'.~S< <)0 a~i..~~. ~v,±er i.,. Inc. 1. r~i~u C, t~1N hni rr. ABC ~ F~ti [J~~ 9 ~i; }Jl O~HESI~PA 9,)0: 'LOJ~ B. Mortgagor agrees to maintain comprehensive general liability insurance naming Lender as an additional insured in an amount acceptable, to Lender, insuring against claims arising from any accident or occurrence in or on the Property. C. Mortgagor agrees to maintain rental loss or business interruption insurance, as required by Lender, in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing), under a form of policy acceptable to Lender. 22. ESCROW FOR TAXES AND INSURANCE. l.lnless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 23. FINANCIAL REPORTS AND ADDITIONAL DOCIJCUiENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file ar~y additional documents or certifications that Lender may consider necessary to perfect, r.ontinue, and preserve Mortgagor's obligations under This Security Instrument and Lender's lien status on the Property. 24. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrurrrent are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of ttris Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 25. APPLICABLE LAW; SEVERABILITY; INTERPRETAI'lON. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. Any provision that appoints Lender as an agent is not subject to the provisions of 20 Pa. C.S.A. Section 5601 e1: seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). Lender, by exercising any of its rights under this Security Instrument, does so for benefit of Lender. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement, Any section in this Security In:>trurnent, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or imptiedly Ir,r,ge 11 v/ 15l Ll~~-1F-'~~o - ~~ '~<. 2pG` EanY. r, ~'~.wms. Inc. St Cio~~rl, Mli Form AGCO-gE51-PH .i~2 C;2u05 "household goods" secured in connection with a "consumer" loan as those terms are defined in applicable federal regulations governing unfair and deceptive credit practices. Filing As Financing Statement. Mortgagor agrees and acknowledges that this Security Instrument also suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. 30. OTHER TERMS. If checked, the following are applicable to this Security Instrument: i_ine of Credit. The Secured Debt includes a revolving line of credit provision. Although tyre Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. Agricultural Property. Mortgagor covenants and warrants that tl~e Property will be used principally for agricultural or farming purposes and that Mortgagor is an individual or entity allowed to own agricultural land as specified by law, L_l Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to acquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be construed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. !-~ Separate Assignment. The Mortgagor has executed or will execute a separate assignment of leases and rents. If the separate assignment: of leases and rents is properly executed and recorded, then the separate assignment will supersede this Security Instrument's "Assignment of Leases and Rents" section. f._J Additional Terms. L~f7 a~ ~~ ~~ ~. 200 ~, f;oiih.~i; Sv~t~~,is, uric.. St. CIuuJ, fvlh Forn~, AGCO-HESI-PA 9/ZOl2()OS !n-~~~ > ~~ ~; r5~ COMMONWEALTH OFPENNSYLUANIA ,COUNTY OFCUMBERLANO ~} ss, On this, the 6T_H _____~ day of MARCH 2008 (Business ,before me or Entity - ___ ,the undersigned officer, personally appeared Acknowl- BRUCE A. BARILAR edgment) who acknowledged himself/herself to be the PRESIDENT of SIGNATURE FINANCE & CONSULTING, LLC and that he/she as such PRESIDENT - -~ being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the SIGNATUREFINANCE& by BRUCE A. BARILAR as pR SID Nr In witness whereof, I hereunto set my hand and official seal, My commission expires: Ffi.~.~.._ ~L ~ -z.U~D G~ICN'11N~Al.T_______~:QF' p~NNSY1.~t,~1NIA . Michael E;~vih$e Notary py61 Mechani~sburg,;8ora, Cumbeitan~ County.. M~ Cplnmission '[esJan... ?.t)!p ~v-f- ct__rl_ Title of f ~ er It is hereby certified that the address of the Lender within named Is: 449 EISENHOWER BLVD, HARRISBURG, PA 17111 ~.~ ~ o O MICHAEL WOLFE, COMMERCIAL SERVICES MANAGER r ~~- rn~~~~ r5 or ~5i ~-~C(Jt=•l'L~br' !-- 1 ~9M1, 7G0'. fia~kers Svsln~n.s. Inr.. St. Churl, MN Firm AGCO-RE SIP! g/202005 United General Title Insurance Company Commitment Number: SFK08-00112 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL that certain lot with the improvements thereon erected situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin along the land now or formerly of Benson L. Barrick; thence along the land now or formerly of J. Bradley Lautsbaugh and Laurel L. Lautsbaugh, South 12 degrees West a distance of 75 feet to an iron pin; thence along a 60 foot right of way (D Street), North 78 degrees West a distance of 82 feet to an iron pin; thence along a 16 foot alley way, North 12 degrees East a distance of 75 feet to an iron pin; thence along the land now or formerly of Benson L. Barrick, south 78 degrees East a distance of 82 feet to the point of BEGINNING. BEING Lot Number 2, of the final subdivision plan of John S. Detrick, Denise A. Barkus and Joseph M. DeMarino, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 61, page 45. SUBJECT to all existing rights of way, conditions, easements, restrictions, reservations, rights, agreements, notes and other matters of record to the extent valid and enforceable and still applicable to the above-described premises. BEING the same premises which Kirt S. Wallace, by Barbara S. Wallace, his Agent, by Deed dated December 14, 2007 and recorded December 21, 2007, as Instrument No. 200747058, granted and conveyed unto Signature Finance & Consulting, LLC. FURTHER BEING the same premises which Markian R. Slobodian, Trustee in Bankruptcy for Ronald Blaine Clippinger, A/K/A Ronald B. Clippinger and Nancy K. Clippinger, by deed dated March 14, 2002 and recorded March 15, 2002 in the Cumberland County Recorder of Deeds Office in book 250, page 3918, granted and conveyed unto Kirt S. Wallace. BEING known and designated as Parcel Identification No. 06-19-1643-396. ALTA Commitment Schedule C (S FK08-00112. PFD/SFK08-00 1 1 2/34) United General Title Insurance Company SCHEDULE A File Number: SFK08-00112 Amount of Insurance: $ 148,000.00 Policy Number: 5511342-13901 Premium: $ 692.21 Date of Policy: March 18, 2008 1. Name of Insured: Belco Community Credit Union, its successors and/or assigns as their respective interests may appear. 2. The estate or interest in the land which is encumbered by the insured mortgage is: Fee Simple 3. Title to the estate or interest in the land is vested in: Signature Finance & Consulting, LLC 4. The insured mortgage and assignments thereof, if any, are described as follows: Mortgage from Signature Finance & Consulting, LLC to Belco Community Credit Union, dated March 6, 2008, filed for record on March 18, 2008 in Instrument Number 200808124 in Cumberland County, in the principal sum of $148,000.00. 5. The land referred to in this policy is described as follows: SEE SCHEDULE C ATTACHED HERETO KEYSTONE CLOSING & SETTL MENT SERVICES, LLC gY: ~ ~ ... KEYSTONE CLOSING & SETTLEMENT SERVICES, LLC ALTA Loan/Construction Loan Policy Schedule A (10/17/92) (S FK08-00112. PFD/S FK08-00112/85) KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 13-721 CIVIL SIGNATURE FINANCE, LLC MORTGAGE FORECLOSURE Defendant PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff and against Defendant(s) by default in the sum of $147,998.59, with interest and costs of suit, for Defendant's failure to answer or otherwise plead to Plaintiffs Complaint. I hereby certify that written notice was given Defendant(s) in accordance with Pa. R.C.P. 237.1 (copy attached). KEEFER WOOD EN & RAHAL, LLP Date: April 4, 2013 By: Eugene E. P pinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 G o (717) 255-8051 MW mo m Attorneys for Belco � a Community Credit Union Z"!T ? � D � Z O r1l � D -C i oexu�9 3oY �l o�ice I a . KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 13-721 CIVIL MORTGAGE FORECLOSURE SIGNATURE FINANCE, LLC Defendant IMPORTANT NOTICE TO: SIGNATURE FINANCE, LLC DATE OF NOTICE: MARCH 20, 2013 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Court Carlisle, PA 17013 Phone: 717-249-3166 or Phone: 1-800-990-9108 KEEFER WOOD ALLEN & RAHAL, LLP Date: March 20, 2013 By. Eugene . Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET Po Box 11963 HARRISBURG, PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 13-721 CIVIL MORTGAGE FORECLOSURE SIGNATURE FINANCE, LLC Defendant NOTICIA IMPORTANTE A: SIGNATURE FINANCE, LLC FECHA DE NOTICIA: MARCH 20, 2013 LISTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI LISTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA LISTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. Sl LISTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ASAJO PARA AVERIGUAR A DONDE LISTED PUEDE OBTENER LA AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Court Carlisle, PA 17013 Phone: 717-249-3166 or Phone: 1-800-990-9108 KEEFER WOOD ALLEN & RAHAL, LLP Date: March 20, 2013 By: Eugen Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW NO. 13-721 CIVIL SIGNATURE FINANCE, LLC MORTGAGE FORECLOSURE Defendant NOTICE To: SIGNATURE FINANCE, LLC y� You are hereby notified that on HDr� i I /7 , 2013, the following Judgment has been entered against you in the above-captioned case. By default in the sum of$147,998.59 with interest and costs of suit. Prot r I hereby certify that the name and address of the person(s) to receive this notice is: SIGNATURE FINANCE LLC 200 CORPORATE CIRCLE HARRISBURG PA 17111 Attorney fo lal KEEFER WOOD ALLEN & RAHAL, LLP_ 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 13-721 CIVIL MORTGAGE FORECLOSURE SIGNATURE FINANCE, LLC Defendant AVISO SIGNATURE FINANCE, LLC, Defendido/a Por este medio Be le esta notificando que el de del 2013, el/la siguiente (Orden), (Decreto), (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. By default in the sum of$147,998.59, with interest and costs of suit. Protonotario Certifico que la siguiente direccion es la del defendido/a Begun indicada en el certificado de residencia: SIGNATURE FINANCE LLC 200 CORPORATE CIRCLE HARRISBURG PA 17111 Abogad de emandante KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 13-721 CIVIL MORTGAGE FORECLOSO 2% -�7D �::u SIGNATURE FINANCE & �,r-- _ c_a CONSULTING, LLC I Defendant `D -77 ¢c = _ r PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff and against Defendant(s) by default in the sum of $147,998.59, with interest and costs of suit, for Defendant's failure to answer or otherwise plead to Plaintiffs Complaint. I hereby certify that written notice was given Defendant(s) in accordance with Pa. R.C.P. 237.1 (copy attached). KEEFER WOOD ALLEN & RAHAL, LLP Date: April 4, 2013 By: Eug-e inilsky, Jr. Attorney I.D.#23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Belco Community Credit Union i(o.5o Pp A7ty e41 a89�aa KEEFER WOOD ALLEN & RAHAL, LLP *> 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 171M1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 13-721 CIVIL MORTGAGE FORECLOSURE SIGNATURE FINANCE & CONSULTING, LLC Defendant IMPORTANT NOTICE TO: SIGNATURE FINANCE & CONSULTING, LLC DATE OF NOTICE: MARCH 20, 2013 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Court Carlisle, PA 17013 Phone: 717-249-3166 or Phone: 1-800-990-9108 KEEFER WOOD ALLEN & RAHAL, LLP Date: March 20, 2013 By: Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff P KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. : NO. 13-721 CIVIL MORTGAGE FORECLOSURE SIGNATURE FINANCE & CONSULTING, LLC Defendant NOTICIA IMPORTANTE A: SIGNATURE FINANCE & CONSULTING, LLC FECHA DE NOTICIA: MARCH 20, 2013 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI LISTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Court Carlisle, PA 17013 Phone: 717-249-3166 or Phone: 1-800-990-9108 KEEFER WOOD ALLEN & RAHAL, LLP Date: March 20, 2013 By: Eugene E. e sky, Jr. Attorney I.D. #23702 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW V. NO. 13-721 CIVIL MORTGAGE FORECLOSU SIGNATURE FINANCE & --, ; CONSULTING, LLC : MM M Defendant CD NOTICE ' '-'' =C1 Y-r To: SIGNATURE FINANCE & CONSULTING, LLC ' �CD + You are hereby notified that on pr � --q-, 2013, the following Judgment has been entered against you in the above-captioned case. By default in the sum of$14;,,998.59 with interest and costs of suit. Prothonotary I hereby certify that the name and address of the person(s)to receive this notice is: SIGNATURE FINANCE & CONSULTING LLC 200 CORPORATE CIRCLE HARRISBURG PA 17111 Attorne i KEEFER WOOD ALLEN & RAHAL, LLP • 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 13-721 CIVIL MORTGAGE FORECLOSURE SIGNATURE FINANCE & CONSULTING, LLC Defendant "ISO SIGNATURE FINANCE & CONSULTING, LLC, Defendido/a Por este medio se le esta notificando que el de del 2013, el/la siguiente (Orden), (Decreto), (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. By default in the sum of$147,998.59, with interest and costs of suit. Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: SIGNATURE FINANCE & CONSULTING LLC 200 CORPORATE CIRCLE HARRISBURG PA 17111 Abogado andante KEEFER WOOD ALLEN & RAHAL, LLP Qo- 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW V. NO. 13-721 CIVIL MORTGAGE FORECLOSURE SIGNATURE FINANCE& CONSULTING; LLC Defendant PRAECIPE FOR WRIT OF EXECUTION.—MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF CUMBERLAND COUNTY,PA, Issue Writ of Execution in the above matter on the following described property: —t 145 D Street,Borough of Carlisle,Cumberland County,Pennsylvania. " A� -3; Amount Due: $998.59 { Interest From: :z c E ld: Collection Fee: $ KEEFER WOOD ALLEN &RAHAL, LLP Date: April 18, 2013 By: , F6tZe s , Jr. Attorney I.D. 423702, 210 Walnut Street �o P.O. Box 11963 3� Harrisburg, PA 17108-1963 10 3 5� (717) 255-8051 a o a • `l� P°� ��' J a U7�6.��� PROPERTY DESCRIPTION PLAINTIFF: BELCO COMMUNITY CREDIT UNION DEFENDANT: SIGNATURE FINANCE &CONSULTING, LLC ATTORNEY FOR PLAINTIFF: EUGENE E. PEPINSKY,JR.,ESQ. (717)255-8051 JUDGMENT AMOUNT: $147,998.59 STREET ADDRESS: 145 D STREET, CARLISLE, PENNSYLVANIA MUNICIPALITY/COUNTY/STATE: BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA TAX PARCEL NUMBER: 06-19-1643-396 SEIZED AND SOLD AS THE PROPERTY OF SIGNATURE FINANCE & CONSULTING, LLC UNDER JUDGMENT NO. 13-721 CIVIL ALL that certain lot with the improvements thereon erected situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin along the land now or formerly of Benson L. Barrick; thence along the land now or formerly of J. Bradley Lautsbaugh and Laurel L. Lautsbaugh, South 12 degrees West a distance of 75 feet to an iron pin; thence along a 60 foot right of way (D Street), North 78 degrees West a distance of 82 feet to an iron pin; thence along a 16 foot alley way, North 12 degrees East a distance of 75 feet to an iron pin; thence along the land now or formerly of Benson L. Barrick, south 78 degrees East a distance of 82 feet to the point of BEGINNING. BEING Lot Number 2, of the final subdivision plan of John S. Detrick, Denise A. Barkus and Joseph M. DeMarino, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 61, page 45. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 2013-0721 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BELCO COMMUNITY CREDIT UNION Plaintiff(s) From SIGNATURE FINANCE& CONSULTING,LLC (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: $147,998.59 L.L.: .50 Interest Atty's Comm: Due Prothy: $2.25 Atty Paid:$202.72 Other Costs: Plaintiff Paid: Date: 5/16/2013 F-1 �David D.Buell,Prothonota (Seal) Deputy REQUESTING PARTY: Name: EUGENE E.PEPINSKY,JR. Address:KEEFER WOOD ALLEN&RAHAL,LLP 210 WALNUT STREET,P.O.BOX 11963 HARRISBURG,PA 17108-1963 Attorney for: PLAINTIFF Telephone: 717-255-5081 Supreme Court ID No.23702 �S BELCO COMMUNITY CREDIT UNION : 'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-LAW V, NO. 13-721 CIVIL MORTGAGE FORECLOSURE SIGNATURE FINANCE&CONSULTING, LLC Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3.129.2 , TAKE NOTICE: w ::x rn� � MF That the Sheriffs Sale of Real Property (real estate) will be held: ter- c ON DATE: September 4, 2013 -vz p,C--) TIME: 10:00 a.m. :> , LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED). The LOCATION of your property to be sold. is: 145 D Street,Borough of Carlisle, Cumberland County,Pennsylvania The JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 13-721-CIVIL The NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) of this property is (are): SIGNATURE FINANCE & CONSULTING, LLC A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that we are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF,THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT.AGAINST YOU. IT MAY CAUSE .YOUR ,PROPERTY TO BE HELD, TO BE, SOLD OR TAKEN,TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: PENNSYLVANIA LAWYER.REFERRAL SERVICE Cumberland County Bar Association 32 s.Bedford Street Carlisle,PA 17013 (717)249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a-petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED: 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be- served on the attorney for the creditor or ors the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired; such date must be obtained from the Court Administrator's Office Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. KEEFER WOOD ALLEN & RAHAL, LLP Dated: April 17, 2013 By: EugqAt7 Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 4 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff CIVIL ACTION-LAW V. NO. 13-721 CIVIL -T-, MORTGAGE FORECLOSft' m F SIGNA'T'URE FINANCE&CONSULTING, r✓,r" .._. �'� LLC -<> a% c� Defendant C) c , AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plairitiff in the above action, by its attorneys, Keefer Wood Allen & Rahal, LLP sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 145 D Street, Borough of Carlisle; Cumberland County,Pennsylvania. I. Name and address of the Owner(s) or Reputed Owner(s): Signature Finance& Consulting, LLC 200 Corporate Circle Harrisburg, PA 17111 2. Name and address of Defendant(s) in the Judgment, if different from that listed in(1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold. PLAINTIFF HEREIN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: a. PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE PO BOX 280948 HARRISBURG PA 17128-0948 b. US TREASURY DEPARTMENT INTERNAL REVENUE SERVICE 228 WALNUT STREET. SUITE 1190 HARRISBURG PA 17100 C. CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE, ROOM 106 CARLISLE, PA 17013 d. BOROUGH OF CARLISLE TAX OFFICE 53 W SOUTH STREET CARLISLE PA 17013 7. Name and address of every other person of whom the Plaintiff has knowledge that has any interest in the property which may be affected by the sale: NONE I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. KEEFER WOOD ALLEN & RAHAL, LLP Dated: April 18, 2013 By; Euge epinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (71.7) 255-8051. KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET P'O BOX 11963 HARRISBURG,PA 17108-1963 BELCO COMMUNITY CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW V. NO. 13-721 CIVIL MORTGAGE FORECLOSURE SIGNATURE FINANCE & CONSULTING, LLC Defendant CERTIFICATE OF,SERVICE The undersigned attorney hereby certifies that on May 23, 2013, a true and correct copy of the foregoing Praecipe for Writ of Execution, Affdavit Pursuant to P.R.C.P. 3129.2 and Notice of Sheriffs Sale of Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.1 has been served upon the persons named below at the addresses shown below by depositing the same in the United States mail, first-class postage prepaid per the attached Certificates of Mailing. SIGNATURE FINANCE&CONSULTING,LLC C:= 200 CORPORATE CIRCLE .U:K .4— co C— HARRISBURG,PA 17111 : ;`fti" PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE r" PO BOX 280948 '�� ;? HARRISBURG PA 17128-0948 C) T; US TREASURY DEPARTMENT c INTERNAL REVENUE SERVICE 228 WALNUT STREET SUITE 1190 HARRISBURG PA 17100 CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE,ROOM 106 CARLISLE,PA 17013 BOROUGH OF CARLISLE TAX OFFICE 53 W SOUTH STREET CARLISLE PA 17013 KEEFER WOOD ALLEN&RAHAL, LLP Date: May 31,2013 By: Eugene E.Pepinsky, Jr. Attorney I.D.#23702 210 Walnut Street P.O.Box 11963 Harrisburg,PA 17108-1963 (717) 255-8051 NUNITED STATES Certificate Of or POSTAL ViCE, -- - Mailing- 1 'j 1 This certificate of Mailing prov des evidence that matl has been presented to USPS®for mailing' I 8 This form may be used for domestic and intemational mail.A,,A `LP a g�P P%, From: � p ALLEN 001 P � �n � �w 5 STREET %41 p UN[ - PITNEY BOWES 0 BOX 11963 001.2 0 HARRISBURGr _. 0 Ln tly bpi � 18665 AY 23 2013 cJ A FROM ODE 17101 Sl s a W` O To: `-'/;�n �1 ✓1•�✓1 a..0 D o 2 �G�. N IV I 7 C V O a Q1 KIS PS Form 3817,April 2007 PSN 7530-02-000-9065 .+ M ob o a o f 0 o r E N H, M mm to UNITEDSTATES Certificate Of sor j s° 0 O z POSTAL SERVICE Mailing �I W a a Cr This Certificate of Mailing provides evidence that mall has been presented to USPS®for mailing. y v 1 t` This form may be used for domestic and international mail. From: F WOOD ALLEN & RAHAL, uP F • ` W `"� E l n p " c 210 WALNUT STREET _ N, Z p J to P 0 BOX 11963 o Xrb ; s Q 3M M HARRISBURG, -e M a) >`' rE € U.2 m £ LL To: I L �' WL�IM —1�• Q�'' Ll� QS r� o�oz ■l`■• _ I I PS Form 3817,April 2007 PSN 7530-02-000 9065 / �= PITNEY BOWES 001 .20° "o MAY 23 2013 UNITEDSTATES Certificate Of ps or JI D FR CODE 1 71 01 POSTAL SERVICE® Mailing p This Certificate of Mailing=evidence that mail has been presented to USPS®for E N This form may be used for domestic and international mail. •� S From: F WOOD ALLEN & RAHAL, LLP ADS . Oat 4 a 210 WALNUT STREET o p � 0. � 0W �� - U I P 0 BOX 11963 H HARRISBURG, °' !' a o no IN CP p d y� y�� l os I q.E o To: 1� V�/� U7 lceVC0�l.�- n Do 2 1.1 =E o25 s N O .{o : t W E o w ° #�U1+Y LVW� "Ll/I Cif m N j U Lr..l o� n �y W• 00 1:E 10 LL J W m� w CD f"�0 �► Sig LAy- -A ! _2 •C + ° Wow Q c� o Qa° N PS Form 3817,April 2007 PSN 7530-02-000-9065 Z � Q o �m M E U O ILL N N C SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff „At,of CifMhQr4 Jody S Smith r Chief Deputy C-T 03 ' ,fl r. Richard W Stewart Solicitor OFFICE OF THE SHERIFF '. w `i,r ; E r L A N BELCO Community Credit Union vs. Case Number Signature Finance&Consulting LLC 2013-721 SHERIFF'S RETURN OF SERVICE 05/20/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant,to wit: Signature Finance&Consulting, LLC, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 06/24/2013 04:05 PM -Deputy Noah Cline, 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 145 D Street, Carlisle- Borough, Carlisle, PA 17013, Cumberland County. 07/12/2013 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Dauphin County upon Whansoo Rim, Clerk AIC, who accepted for Signature Finance&Consulting LLC, at 200 Corporate Circle Front, Harrisburg, PA 17110. So Answers: W. Conway, Deputy Sheriff. 09/05/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Eugene Pepinsky, on behalf of Belco Community Credit Union, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,024.63 SO ANSWERS, September 18, 2013 RONR ANDERSON, SHERIFF �5-.00 10,41, Cam. Sy L I_ /9/1- 1/11 L 7 (c)CountySuite Sheriff Teleesoft,Ino. On May 20, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 145 D Street, Carlisle, as, Exhibit "A" filed with this writ and by this Reference incorporated herein. `-Date: May 20, 2013 By: Real Estate Coordinator LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2013-721 Civil Term BEING Lot Number 2,of the final subdivision plan of John S. Detrick, BELCO COMMUNITY Denise A. Barkus and Joseph M. CREDIT UNION DeMarino, as recorded in the Office vs. of the Recorder of Deeds for Cumber- SIGNATURE FINANCE& land County, Pennsylvania in Plan Book 61,page 45. CONSULTING LLC Atty.: Eugene E. Pepinsky,Jr. PLAINTIFF:BELCO COMMUNITY CREDIT UNION. DEFENDANT: SIGNATURE FI- NANCE&CONSULTING,LLC. ATTORNEY FOR PLAINTIFF: EU- GENE E.PEPINSKY,JR.,ESQ.(717) 255.8051. JUDGMENT AMOUNT:$147,998- .59. STREET ADDRESS: 145 D STREET, CARLISLE, PENNSYLVA- NIA. MUNICIPALITY/COUNTY/STATE: BOROUGH OF CARLISLE, CUM- BERLAND COUNTY, PENNSYLVA- NIA—TAX PARCEL NUMBER: 06- 19-1643-396. SEIZED AND SOLD AS THE PROPERTY OF SIGNATURE FI- NANCE & CONSULTING, LLC UN- DER JUDGMENT NO. 13-721 CIVIL. ALL that certain lot with the im- provements thereon erected situate in the Fifth Ward of the Borough of Carlisle,Cumberland County,Penn- sylvania,bounded and described as follows: BEGINNING at an iron pin along the land now or formerly of Benson L.Barrick;thence along the land now or formerly of J.Bradley Lautsbaugh and Laurel L. Lautsbaugh, South 12 degrees West a distance of 75 feet to an iron pin; thence along a 60 foot right of way(0 Street),North 78 degrees West a distance of 82 feet to an iron pin; thence along a 16 foot alley way, North 12 degrees East a distance of 75 feet to an iron pin; thence along the land now or formerly of Benson L.Barrick,south 78 degrees East a distance of 82 feet to the point of BEGINNING. 102 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. isa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 9 day of August, 2013 Notary NOIA.RIAL SEAL CENFIAH A COLLINS t;:ztary Public CARLISLE BOROUGH,CJMBERI.Atd'J COUNTY My Commission Expires Apr 28,MI 0 The Patriot-News Co. P At'-1.900 Patriot Drive he a rio ~ ews Mechanicsb irg,•PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the 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 1900 Patriot Drive, 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 he 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 he 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 in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 13-721 Civx Term BE COMMUNITY CRE This ad ran on the date(s)shown below: _ -UNION vs. 07/28/13 TURE FINANCE CONSULTING uc 08/04/13 ATT% Eugene E Pepinsky,Jr 08/11/13 PLAINTIFF: BELCO COMMUNFJY •-- CREDIT UNION • Ples DEFENDANT:SIGNATURE FINANCE& ► CONSULTING,LLC I ATTORNEY FOR PLAINTIFF:EUGENE (IoL£ EMINSKY,JR,ESQ-(717)255•8051 �� : o i • and subscri ed for: me . 23 day of August, 2013 A.D. •JUDGMENT AMOUNT.$147,99859 ` N STREET ADDRESS: 145 D STREET 1°e / CARLISLE,PENNSYLVANIA lop IpAlk 1 ( . �1 • ' MUNICIPALITY/COUNTY/ '� 1 ' STATE__BOROUGH I: otary Public CUMBERLAND COUNTY, PENNSYLVANIA • TAR .PARCEL D V NUMBER:06-19-1643-396 SEIZED AND SOLD AS THE PROPERTY i OF SIGNATURE''----m & i ' CONSUfTING,LIECOM6viOT:WEAlTE6 OF PENNSY6..VAhl:A i UNDER JUDpMHSTT173-721 CiVii,. i f%.; al Sealr ALL that oaigiot with/Nie nts Holly Lynn W ,fel,Notary Public thereOn ere. stow Otte Ward.of Washington Two.,Dauphin County the BomulghofCarlisle,Cumberland County, My Commission Expires Dec.12,2016 MEMBER,PEN J',IVMa'a ASI,OCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Belco Community Credit Union is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013,under and by virtue of a writ Execution issued on the 16th day of May, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 721, at the suit of Belco Community Credit Union against Signature Finance & Consulting LLC is duly recorded as Instrument Number 201334569. IN TESTIMONY WHEREOF, I have hereunto set my hand ,,e and seal of said office this 23 day of (9- -. , A.D. c © 13 fiv 2Pc".c:iodi •, • ,� , Recorder off Deeds Myon'..,' Ito Fat Monday Wan.2014