Loading...
HomeMy WebLinkAbout13-1754 Supreme Cow ennsylvania COUr of >c> o> P1eaS For Prothonotary Use Only: 0- lltbwt t Docket No: Cu rn- be rlabd County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules ofcourt. Commencement of Action: S 1@ Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction Declaration of Taking E c Lead Plaintiff's Name: Lead Defendant's Name: T PNC Bank, National Association Donald McGlone a /k/a Donald L. McGlone; et al Dollar Amount Requested: Mwithin arbitration limits f Are money damages requested? Yes No (check one) S outside arbitration limits 4 N Is this a Class Action Suit? D Yes No Is this an MDJAppeal? C3 Yes 0 No A Name of Plaintiff /Appellant's Attorney: Mark J Udren, Esquire ® Check. here if you have no attorney (are a Self-Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional 0 Buyer Plaintiff Administrative Agencies Q Malicious Prosecution 0 Debt Collection: Credit Card ❑ Board of Assessment ® Motor Vehicle 0 Debt Collection: Other Board of Elections 0 Nuisance Dept. of Transportation ® Premises Liability Statutory Appeal: Other S Product Liability (does not include E mass tort) Employment Dispute: © Slander /Libel/ Defamation Discrimination C ❑ Other: Employment Dispute: Other Q Zoning Board 'I' 0 Other: I M Other: o MASS TORT rl Asbestos N ❑ Tobacco Q Toxic Tort - DES rl Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: � Ejectment Common Law /Statutory Arbitration 0 B rl Eminent Domain/Condemnation Declaratory Judgment rl Ground Rent Mandamus rl Landlord/Tenant Dispute Non- Domestic Relations ®x Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto Dental Q Partition 0 Replevin Legal Quiet Title Other: 0 Medical 0 Other: Other Professional: Updated 1/1/2011 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID#45362 ,. LORRAINE GAZZARA DOYLE, ESQUIRE - ID#34576_ SHERRI J. BRAUNSTEIN ESQUIRE - ID#90675 SALVATORE CAROLLO, ESQUIRE - ID#311050 HARRY B. REESE, ESQUIRE - ID#310501�. ELIZABETH L. WASSALL, ESQUIRE - ID#77788 KATHERINE E. KNOWLTON, ESQUIRE - ID#311713 JOHN ERIC KISHBAUGH, ESQUIRE - 113#33078 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856 669 - 5400 pleadings @udren.com PNC Bank, National Association COURT OF COMMON PLEAS C/O PNC Bank, N.A. CIVIL DIVISION 3232 Newmark Drive CUMBERLAND County Miamisburg, OH 45342 Plaintiff NO. V. DONALD MCGLONE A/K/A DONALD L. MCGLONE 1413 SILVER CREEK DRIVE MECHANICSBURG, PA 17050 SUSAN MCGLONE AAK/A SUSAN B. MCGLONE 1413 SILVER CREEK DRIVE MECHANICSBURG, PA 17050 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. S /03, N Cho U(o9�r.2 ) 2* a� YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990 -9108 AVISO Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990 -9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 -3620 (856) 669 -5400 1. Plaintiff is PNC Bank, National Association. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiff s favor: Assignor: N/A Assignee: N/A Date of Assignment: N/A Recorded Date: N/A Book/Instrument #: N/A Page: N/A 2. Upon information and belief Defendant(s) and/or their predecessor: Donald McGlone a/k/a Donald L. McGlone and Susan McGlone a/k/a Susan B. McGlone (hereinafter "Defendants "), are the owners of property located at 1413 Silver Creek Drive, (Hampden Township), Mechanicsburg, PA 17050, by virtue of Deed dated 05/23/2003 and recorded 05/29/2003 in Official Records Book 257 at Page 1323 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property "). 3. On 05/23/2003, Defendant(s) and/or their predecessor: DONALD MCGLONE A/K/A DONALD L. MCGLONE AND SUSAN MCGLONE A/K/A SUSAN B. MCGLONE promised to pay to the order of National City Mortgage Co., the principal sum of $193,410.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 05/23/2003, Defendant(s) and/or their predecessor: DONALD MCGLONE A/K/A DONALD L. MCGLONE AND SUSAN MCGLONE A/K/A SUSAN B. MCGLONE to secure the Note, mortgaged to National City Mortgage Co. , the Property which is the subject of this action. The Mortgage was recorded on 05/29/2003 in Official Records Book 1813 at Page 4618. Said Mortgage is incorporated herein by referenced in accordance with Pa.R.C.P 1019(g). A legal description of the mortgage premises is attached hereto and made a part hereof. 5. Said mortgage is in default in that the payment due 08/01/2012, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be immediately due. 6. After demand, the Defendant(s) continues to fail or refused to comply with the terms of the Mortgage as follows: (a) By failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) By failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage or modification agreement as of the date stated below Unpaid Principal Balance $233,896.24 Accumulated Interest $7,924.72 Accumulated Late Charges $476.36 Escrow Deficit /(Reserve) $435.18 PRO RATA MIP /PMI $290.12 Grand Total $243,022.62 The above figures are calculated to 03/05/2013: The interest rate is subject to adjustment if more fully described as such in the note and mortgage. The interest rate on the subject note is at 5.00000 %. The per diem interest accruing on this debt is $32.0400 and that sum should be added to the above date and each day after the above date. The late charge is subject to adjustment if more fully described as such in the note and mortgage. The late charge rate on the subject note should be added in accordance to the terms of the note and mortgage charged monthly at $56.58. 7. Breach letters have been sent to Defendant(s) in accordance with the requirements of the subject mortgage and/or The Pennsylvania Act 6 of 1974 of the Commonwealth of Pennsylvania and, if applicable, Act 91 of 1983. Copies of the breach letters are attached hereto as Exhibit "A" WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $243,022.62 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY: Mark 7. U dren, Esquire PA D 04302 VERIFICATION 1, Justin Pierce , as an Authorized Signer of the Plaintiff, PNC Bank, National Association, 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 are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r �Ll�tsA1 Date: f $ 201 C - Name: L" Justin Pierce Title: Authorized Signer Company: PNC Bank, National Association MJU #: 13030060 CASE #: 13030060 -1 03- 06 -'13 08,35 FROM -ABLE ABSTRACTS T -888 P0013/0017 F -654 IEXMBrr "XI A" i'� treuti Or parc4i land Situate in UnVden Tanaadip, r y, yemaylvanta, More particular boundad And described as follow, to wits a ==ff= 9 at a po1,4t on the omthern right-- or -wfty line at 6ans44an mod, A 50 foot wide stmt, raid point also bainq the aostheastem pmerty or X 033 a shown on the tina Phase �ttadivirion plan or X= Orryi " w"M almm the owtWwn right- of-vay line of senraaae *call, 82 degrees 48 minut*r 16 seconds *art, a distencm of ] ao. oo teat to A poiint. on tba southern r ivht- of -iray 11nr ac serraman Road, void point also Deinq the ltorthMerlsz comes; Of Lot 0389 '1'E#eaei 4lon g toss vostern prOP rty 2,1310 a! L4 i38, daunt 6 7 dsgzww 1t ■iruttes 45 w0014* pant, a dfet$MM of 90.00 fa.t to a point on the nckrthvu*ta= propel-ty *orh* r or x0ft x/37, said point alga be the .outhw*steM 37 y oo=ar. or tat 03 Tha ea along th4 w*0tWn psroperty line Of Lo #t 37, South 57 daWftes 44 Abintmts 3.4 deoonds ft et, A dirlthm of 93.75 last to a point an the rio property corner of Let 136, said point alsp baIN the sou extern X"Orty aarner of Feat 137 'Thrraa a long the noresrn Promrty fin* of Lot i 36, e0011th 92 degrees 45 Niltut.*s 14 840onds Wast, a aLat*na* of 25.60 zest to a point on th* northern property line of Lot 036,1 aai4 point Alefo being the 0011 th445t4rn Varner of Lot 033; Thance along the a*stwft pr0percty 11319 of Lot 1 North 07 degzeas 3.4 minutes fdle 45 wjmc Nest, • d SSsatanoR cr 125_00 fast to a point an the southern righ of -way 1100 or senmetaan Road, raid point beings the point and place of ir►nfipgr. I Certify this to be recorde -� In Cumber!ar l 1 R r Recorder is au 11346 ' PNC Attention: Collection Department MORTGAGE' (6 IV07 - 01-5) 3232 Keasark Drive 7146 4006 U114320 3510 Miamisburg, OH 45342 DONALD L MCGLD4E 1413 SILVER CRETK DR MECHA4IGSBURG, PA 17050 Please find enclosed the ACT 91 NOTICE for Loan Number: 0002202472 This is an attempt to collect a debt. Any information obtained will be used for that purpose. However, if you have received a discharge in bankruptcy affecting our right to collect your loan as a personal obligation, and if the loan was not reaffirmed in the bankruptcy case, PNC Mortgage, a division of PNC Bank, National Association will only exercise its rights against the property itself, and is not attempting to collect the discharged debt from you personally. DR672 Exhibit A A Division of PNC Banc. Natwnal Association T1 937 - 910 -1200 T2 800.822.5626 3232 Newmark Dr Miamisburo OH 45342 P O. Box 1820 Dayton ON 45401.1820 Date: 1/23/2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR NOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender 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 your home. This Notice explains how 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 Aeencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800 -342 -2397. (Persons with impaired hearing can call (717) 780 - 1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION 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 TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRH3A. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HH'OTECA. HOMEOWNER'S NAME(S): DONALD L MCGLONE SUSAN B MCGLONE PROPERTY ADDRESS: 1413 SILVER CREEK DR MECHANICSBURG, PA 17050 LOAN ACCT. NO.: 0002202472 ORIGINAL LENDER: N/A CURRENT LENDER/SERVICER: PNC Mortgage 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. TEMPORARY STAY OF FORECLOSURE —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 NN'ICE. 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 AGENCIES —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 count' in which the property Is located are set forth at the end of this Notice It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE —Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply 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 AGENCY 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 TEMEORARILY 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 E 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 SHERIFFS SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (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 PETMON IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you bave filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date) NATURE OF THE DEFAULT —The MORTGAGE debt held by the above lender on your property located at: 1413 SILVER CREEK DR MECHANICSBURG, PA 17050 1S SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: From 8/1/2012 through 12/1/2012 at $1,603.52 per month, From 1/1/2013 through 1/1/2013 at $1,682.36 per month Monthly Payments Accrued: $9,699.96 Late Charges Accrued: $419.78 Non - Sufficient Funds: $0.00 Fax Fees: $0.00 Property Inspections: $27,00 Speedpay Fees: $10.00 TOTAL AMOUNT PAST DUE: $10,156.74 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 $10,156.74, 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 Mortgage, A Division of PNC Bank, NA Attention: Collections Center 3232 Newmark Drive Miamisburg, OH 45342 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 leader 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 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 —The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS 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 Sheriffs 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 connected with the foreclosure sale and any other costs connected with the Sheriffs 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 9 to 10 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 Mortgage Address: 3232 Newmark Drive Miamisburg, OH 45342 Phone Number: (800) 523 -8654 Fax Number: (855) 288 -3974 Contact Person: Collections Center E -Mail Address: LossMitigation@pncniorigage.com EFFECT OF SHERIFF'S SALE —You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - -You _ may or JC 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. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY HEMAP Consumer Credit Counseling Agencies Cumberland County Advantage Credit Counseling PHFA Service/CCCS of Western PA 211 North Front Street 2000 Linglestown Road Harrisburg, PA 17110 Harrisburg, PA 17102 717- 780 -3940 800- 342 -2397 888 -511 -2227 Community Action Commission of Advantage Credit Counseling Capital Region Service/CCCS of Western PA 1514 Derry Street 2000 Linglestown Road Harrisburg, PA 17104 Harrisburg, PA 17102 717 - 232 -9757 888 -511 -2227 Housing Alliance of York/Y Housing Community Action Commission of Resources Capital Region 290 West Market Street 1514 Derry Street York, PA 17401 Harrisburg, PA 17104 717.855 -2752 717 -232 -9757 Ma Housing Alliance of Yotk/Y Housing 43 Philadelphia Avenue Resources Waynesboro, PA 17268 290 West Market Street 717- 762 -3285 York PA 17401 717 - 855 -2752 PA Interfaith Community Programs Inc Maranatha 40 E High Street 43 Philadelphia Avenue Gettysburg, PA 17325 Waynesboro, PA 17268 717 - 334 -1518 717- 762 -3285 d ' / PNC Attention: Collection Departsent MORTGAGE" (B6 -01 -s) 3232 Neasrk Drive Yiaaisburtl. OH 45342 734 � 4320 3527 SLSAN B "LONE 1413 SILITR CREEK DR WCHANICSBUG, PA 17050 Please find enclosed the ACT 91 NOTICE for Loan Number: 0002202472 This is an attempt to collect a debt. Any information obtained will be used for that purpose. However, if you have received a discharge in bankruptcy affecting our right to collect your loan as a personal obligation, and if the loan was not reaffu ncd in the bankruptcy case, PNC Mortgage, a division of PNC Bank, National Association will only exercise its rights against the property itself, and is not attempting to collect the discharged debt from you personally. DR673 A Division of PNC Bank National Assooation T1 937 - 910.1200 T2 800-822-5676 ��'+� Newnn.lr fl. Nia,.JaMim nH 45347 P O Box 1820 Davton OH 45401 -1820 Date: 1/23/2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default= and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (1 EMAP) may be able to help to save your home. This Notice explains how the program works To see if HEM" 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 Your County are listed at the end of this Notice. If You have any questions you may call the Pennsylvania Housing Finance Agency toll free at 14100- 342 -2397 (Persons with impaired hearing can call (717) 780 - 1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAC16N EN ADJUNI'O ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTWICACI6N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): DONALD L MCGLONE SUSAN B MCGLONE PROPERTY ADDRESS: 1413 SILVER CREEK DR MECHANICSBURG, PA 17050 LOAN ACCT. NO.: 0002202472 ORIGINAL LENDER: N/A CURRENT LENDER/SERVICER: PNC Mortgage 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. TEMPORARY STAY OF FORECLOSURE —Under the Act, you arc 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 AGENCIES —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 gMpM is located are se i forth at the end of this Notice It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE —Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infomtation 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 PITFA 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 AGENCY 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 HEMep 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 SHERIFFS SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION — Available fiords 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 IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If yon have filed bankruptcy you an still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brim it up to date) NATURE OF THE DEFAULT —The MORTGAGE debt held by the above lender on your property located at: 1413 SILVER CREEK DR MECHANICSBURG, PA 17050 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: From 8/1/2012 through 12/1/2012 at $1,603.52 per month, From 1/1/2013 through 1/1/2013 at $1,682.36 per month Monthly Payments Accrued: $9,699.96 Late Charges Accrued: 5419.78 Non-Sufficient Funds: $0,00 Fax Fees: $0.00 Property Inspections: $27.00 Speedpay Fees: S10.00 TOTAL AMOUNT PAST DUE: 510,156.74 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 $10,156.74, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash ashices check certified check or money order made pays le and sent to PNC Mortgage, A Division of PNC Bank, NA Attention: Collections Center 3232 Newmark Drive Miamisburg, OH 45342 IF YOU DO NOT CURT 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 mortga a 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 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 —The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS 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 Sheriffs Sale You my do so by paving the total amount then Bast due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgne 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 9 to 10 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 Mortgage Address: 3232 Newmark Drive Miamisburg, OH 45342 Phone Number: (800) 523 -8654 Fax Number: (855) 288 -3974 Contact Person: Collections Center E -Mail Address: LossMitigation@pncmortgage.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 tender at any time. ASSUMPTION OF MORTGAGE - -You _ may or _ 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. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE 71MFS 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUN'T'Y HEMAP Consumer Credit Counseling Agencies Cumberland County Advantage Credit Counseling PHFA Servi=/CCCS of Western PA 211 North Front Street 2000 Linglestown Road Harrisburg, PA 17110 Harrisburg, PA 17102 717- 780 -3940 800 -342 -2397 888 -511 -2227 Community Action Commission of Advantage Credit Counseling Capital Region Service/CCCS of Western PA 1514 Derry Street 2000 Linglestown Road Harrisburg, PA 17104 Harrisburg, PA 17102 717- 232 -9757 888 -511 -2227 Housing Alliance of York/Y Housing Community Action Commission of Resources Capital Region 290 West Market Stmt 1514 Derry Street York, PA 17401 Harrisburg, PA 17104 717- 855 -2752 717 - 232 -9757 Maranatha Housing Alliance of York/Y Housing 43 Philadelphia Avenue Resources Waynesboro, PA 17268 290 West Market Street 717 - 762 -3285 York, PA 17401 717 - 855 -2752 PA Interfaith Community Programs Inc Maranatba 40 E High Street 43 Philadelphia Avenue Gettysburg, PA 17325 Waynesboro, PA 17268 717- 334 -1518 717- 762 -3285 FORM 1 Z; PNC Bank National Association IN THE COURT OF COMMON PLEAS OF - v CUMBERLAND COUNTY, PENNSYLVANIA -' Gtar 1 "' 1:�w3 Plaintiff(s) suss vs. Donald McGlone a /k/a Donald L. .� c McGlone; Susan McGlone a /k/a Susan B.p Defendants) �l T Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- 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 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 WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: M J. Udren, Esquire PA ID 04302 Date Signature of Counsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # 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: CUST OMERIPRIMARY APPLICATIO Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? C BO RROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INF ORMATIO N 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: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: 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 prior negotiations with your lender or lender's 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: AUTHORIZATION 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 FORM 3 PNC Bank, National Association IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Donald McGlone a /k/a Donald L. Mr(',lnnP• Swan Mc(-',InnP a /k /a o Defendants) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated ' 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. 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 all 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 Date Signature of Defendant Date FORM 4 PNC Bank, National Association : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Donald McGlone a /k/a Donald L. McGlone: Susan McGlone a /k/a Defendants) Civil CASE MANAGEMENT ORDER AND NOW, this day of 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 a court- 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 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 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; 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. Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ — Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: _ Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending 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: UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID#45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 SALVATORE CAROLLO, ESQUIRE - ID #311050 HARRY B. REESE, ESQUIRE - ID #310501 ELIZABETH L. WASSALL, ESQUIRE - ID #77788 CMl KATHERINE E. KNOWLTON, ESQUIRE - ID #311713 CZ JOHN ERIC KISHBAUGH, ESQUIRE - ID #33078 NICOLE B. LABLETTA, ESQUIRE - ID #202194 sa DAVID NEEREN, ESQUIRE - ID #204252 JORDAN DAVID, ESQUIRE - ID #311968 a WOODCREST CORPORATE CENTER 3 ER sR� 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 cn 856- 669 -5400 CO Pleadings @udren.com PNC Bank, National Association COURT OF COMMON PLEAS 3232 Newmark Drive, Miamisburg, OH 45342 CIVIL DIVISION Plaintiff CUMBERLAND County V. Donald McGlone a /k/a Donald L. McGlone y S 1413 Silver Creek Drive NO. 3 / C' Mechanicsburg, PA 17050 Susan McGlone a/k/a Susan B. McGlone 1413 Silver Creek Drive Mechanicsburg, PA 17050 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the following counsel: Mark J Udren, Esquire; Stuart Winneg, Esquire; Lorraine Gazzara Doyle, Esquire; Sherri J. Braunstein, Esquire; Harry B. Reese, Esquire; Salvatore Carollo, Esquire; Elizabeth L. Wassail, Esquire; Katherine E Knowlton, Esquire, and John Eric Kishbaugh, Esquire; Nicole B. LaBletta, Esquire; David Neeren, Esquire; Jordan David, Esquire on behalf of the Plaintiff, in the above - captioned matter. UDREN LAW OFFICES, P.C. Mark PP wire BY: ► ID 04302 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson L Sheriff i H E PRO I � at0,0 ct�a�nbr r�0 Jody S Smith 21113 APR 10 AM 0' Li Chief Deputy Richard W Stewart " CUMBERLAND CGUN.!_( Solicitor OFFICE OF THE SHERIFF PENNSYLVANIA PNC Bank National Association Case Number vs. 2013-1754 Donald L. McGlone(et al.) SHERIFF'S RETURN OF SERVICE 04/05/2013 04:21 PM- Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be thp Defendant, to wit: Donald L. McGlone at 1413 Silver Creek Drive, Hampden Township, Mechanicsbur 17050. TSH , DEPUTY 04/05/2013 04:21 PM- Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Donald McGlone, husband of defendant,who accepted as"Adult Person in Charge"for Susan B. McGlone at 1413 Silver Creek Drive, Hampden Township, Mechanicsburg, PA 17050. GU HALL, SHERIFF COST: $54.00 SO ANSWERS, April 08, 2013 RbNW R ANDERSON, SHERIFF ic?CountvSuite Sheriff.Teleosoft,inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK,NATIONAL ASSOCIATION NO. 13-1754 C/O PNC Bank,N.A., Plaintiff, vs. CIVIL ACTION - LAW DONALD MCGLONE A/K/A DONALD L. MCGLONE and SUSAN MCGLONE A/K/A (n r SUSAN B. MCGLONE, ' Defendants. ACTION IN FORECLOSURE f --0 cr REQUEST FOR FOR CONCILIATION CONFERENCE r`,) Pursuant to the Administrative Order governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendants are the owners of real property which is the subject of this mortgage foreclosure action; 2. Defendants live in the subject real property, which is Defendants' primary residence; 3. Defendants have been served with a Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all 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 penalties of 18 Pa.C.S.§4904 relating to unsworn falsifaction to authorities. _/s_ - (4, .- Z v►3 Jeff R. Mr E:f�I� Date cot_ -2-6 ( 3 Donald McGlone a/k/a Donald L. McGlone, Defendant Date igier(4/1— 2-0 Susan McGlone a/k/a Susan B. McGlone, Defendant Date r r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK,NATIONAL ASSOCIATION NO. 13-1754 C/O PNC Bank,N.A., Plaintiff, VS. CIVIL ACTION - LAW r_.- DONALD MCGLONE A/K/A DONALD L. �. MCGLONE and SUSAN MCGLONE A/K/A i 4 SUSAN B. MCGLONE, x.> Defendants. ACTION IN FORECLOSURE CASE MANAGEMENT ORDER AND NOW, this day of , 2013, the Defendants/Borrowers in the above-captioned residential mortgage forecl sure action having filed a Request for Conciliation Conference verifying that the Defendants/Borrowers have 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 a Court-supervised Conciliation Conference on : &Ae4Qti, 7� 010/ 3 at , ,30 m. in at the Cumberland County Courthouse, Carlisle,PA. 2. At least twenty-one (21) days prior to the. date of the Conciliation Conference, the Defendants/Borrowers 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 Defendants/Borrowers. Upon the 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 Defendants/Borrowers' 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 Defendants/Borrowers 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 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 default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stated pending the completion of the scheduled Conciliation Conference. BY THE COURT: J. nn �� rn PNC BANK,N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION—LAW NO. 13-1754 CIVIL DONALD MCGLONE and SUSAN MCGLONE, Defendants MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held August 9, 2013,were Nathan Wolf, Esquire, local counsel for the plaintiff, and Jeffrey Lawrence, Esquire, attorney for the defendants. Apparently, there has been at least one unsuccessful loan modification in this case. Notwithstanding, a new workout packet will be submitted to the plaintiff within fifteen(15) days with the hope that an acceptable loan modification can be obtained. Continued conciliation conference will be set by order of even date herewith. ORDER AND NOW,this day of August, 2013, a continued conciliation conference is set for Friday, October 11, 2013, at 1:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevin Hess, P. J. -I-Nathan Wolf, Esquire , For the Plaintiff -g -' effrey Lawrence, Esquire , For the Defendants " :rlm =c rt l � PNC BANK,N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION—LAW : NO. 13-1754 CIVIL DONALD MCGLONE and SUSAN MCGLONE, • Defendants : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this //' day of October, 2013, following conciliation conference, it appearing that this matter continues to be under review by the plaintiff, continued conciliation conference is set for Thursday, December 5, 2013, at 2:00 p.m. in Chambers of the undersigned. BY THE COURT, A/0Z., Kevi • . Hess, P. J. -• Nathan Wolf, Esquire For the Plaintiff Jeffrey Lawrence, Esquire For the Defendants :rim e-er t seg fiesi-4 bej0/102 rn c: ca - Gr --" c PNC BANK,N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION—LAW NO. 13-1754 CIVIL DONALD MCGLONE and SUSAN MCGLONE, Defendants MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW,this S day of December, 2013, it appearing that the matter of a loan modification continues to be under review in this case, on agreement of the parties, continued conciliation is set for Wednesday, January 15, 2014, at 3:00 p.m. in Chambers of the undersigned. BY THE COURT, Kevi . Hess, P. J. athan Wolf, Esquire _ For the Plaintiff Jeffrey Lawrence,Esquire For the Defendants :rlm L-//3 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: ELIZABETH WASSALL, ESQUIRE PA ID# 77788 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 a 856-669-5400 pleadings @udren.com mss',7 PNC Bank,N.A. cn "' Plaintiff ?cam 6 -` NO. 13-1754 CIVIL v. Donald McGlone, Susan McGlone Defendants PLAINTIFF'S MOTION TO CONTINUE CONCILIATION CONFERENCE IN RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM Plaintiff,by and through its undersigned counsel, respectfully submits this Motion to Continue Conciliation Conference in the above-captioned matter and in support thereof avers as follows: 1. On April 4, 2013, Plaintiff filed its Complaint in Mortgage Foreclosure. 2. On June 11, 2013, this Honorable Court placed this matter in the Residential Mortgage Foreclosure Diversion Program. 3. On December 5, 2013, this Honorable Court scheduled another Conciliation Conference for January 15, 2014, at 3:00 p.m. 4. Plaintiff requires an additional 45 days to complete review of this loan for possible loan modification. 5. Based upon the above, Plaintiff respectfully requests that this Honorable Court grant its Motion to Continue Conciliation. 6. Counsel for Defendants consents to a 45 day continuance. WHEREFORE, Plaintiff respectfully requests this Court to grant its Motion to Continue Conciliation Conference. Respectfully submitted, UDREN LAW OFFICES, P.C. r ABETH WASSALL, ESQUIRE Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: ELIZABETH WASSALL,ESQUIRE -ID #77788 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings @udren.com PNC Bank,N.A. Plaintiff NO. 13-1754 CIVIL v. Donald McGlone, Susan McGlone Defendants CERTIFICATE OF SERVICE The undersigned hereby certifies that they have served true and correct copies of Plaintiffs Motion to Continue Conciliation Conference, proposed Order and this Certificate of Service upon the following persons named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail and Fax Date Served: January f , 2014 TO: Bret Shaffer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA17013 Fax: (717) 249-5755 Attonrey for Defendants UDREN LAW OFFICES, P.C. By: LI�ABETH WASSALL, ESQUIRE Attorney for Plaintiff i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC Bank,N.A. Plaintiff NO. 13-1754 CIVIL V. Donald McGlone, Susan McGlone Defendants ORDER AND NO, this /&-45 day of 2014, this matter being in the Residential Mortgage Diversion Program, and it appearing that more time is needed for review of loan for possible loan modification, it is hereby ORDERED that the Conciliation Conference previously set for January 15, 2014, is hereby continued to the oZ.Y-4 & day of 2014, at `��.� m. Q/Ly BY THE COURT: J. , I O` PNC BANK,N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION—LAW : NO. 13-1754 CIVIL DONALD MCGLONE and SUSAN MCGLONE, • Defendants : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 2 z t) day of January, 2014, at the request of counsel,the conciliation conference in the above matter set for February 21, 2014, is continued to Wednesday, February 26, 2014, at 1:15 p.m. in Chambers of the undersigned. BY THE COURT, Kevi T. Hess, P. J. ✓ Nathan Wolf, Esquire For the Plaintiff Zeffrey Lawrence, Esquire For the Defendants :rim '+ -4tg ;"-z' Palk, s-rr_ . l N e2 Z./�� c:)-=; f 1. „T 1 � to) r. PNC BANK,N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION-LAW : NO. 13-1754 CIVIL DONALD MCGLONE and SUSAN MCGLONE, • Defendants : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this Z10-day of February, 2014, at the request of counsel, the conciliation conference in the above matter set for February 26, 2014, is continued to Wednesday, April 16, 2014, at 2:30 p.m. in Chambers of the undersigned. BY THE COURT, 41( Kevi : . Hess, P. J. Nathan Wolf, Esquire For the Plaintiff .. Bret Shaffer, Esquire For the Defendants :rim COp w aQS fiat c) f^:1 ?1/4Y m rn C"-) (.) PNC BANK, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 13 -1754 CIVIL DONALD MCGLONE and SUSAN MCGLONE, Defendants : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this a' day of April, 2014, it appearing that a loan modification has been denied in this case, but that the defendants have not received official notification thereof, counsel for the plaintiff shall provide to counsel for the defendants a copy of the loan modification denial. Thereafter, counsel are directed to notify the Court concerning how they wish to proceed. Aathan Wolf, Esquire For the Plaintiff J ret Shaffer, Esquire For the Defendants :rim BY THE COURT, Kevi . A. Hess, P. J. C") rn rn O (1) pct' n <') -o cD T�Cr) 1>' n > :70 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com PNC Bank, National Association Plaintiff v. DONALD MCGLONE A/K/A DONALD L. MCGLONE; SUSAN MCGLONE A/K/A SUSAN B. MCGLONE; et al Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS ;? CIVIL DIVISION ...t, a" Cumberland County Fri c:cirn MORTGAGE FORECLOSURE 3;' CD NO. 13-1754 PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE --e TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED: Cp' /11 UDREN LAW OFFICES, P.C. BY: Attorne MJU#: 13030060 CASE#: 13030060-1 YIA-Ree for Plaintif f 11 r