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HomeMy WebLinkAbout13-2265 s r ..Supreme Court of Pennsylvania Court of Common Pleas ForPmlhonomr Use Only.- Civil Cover Sheet Docket No: Cumberland County � a� 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 a ers as required by law or rules o court. S Commencement of Action: E x Complaint o Writ of Summons o Petition C o Transfer from Another Jurisdiction o Declaration of Takin Lead Plaintiff's Name: PNC BANK, NATIONAL Lead Defendant's Name: JOEL E. STONER T ASSOCIATION I O N Are money damages requested? : ❑ Yes X No Dollar Amount Requested: within arbitration limits A Check one outside arbitration limits Is this a Class Action Suit? 0 Yes 0X No Is this an MDJA eal? ❑ Yes OX No Name of Plaintiff/Appellant's Attorney: Martha Von Rosenstiel, Esq. o Check here if you are a Self-Represented Pro Se Litigant Nature of the Case PIace an "X" to the left of the ONE case category that most accurately describes your PR1114RYC,4SE. If you are making more than one type of claint. check the one that you consider most important. TORT (do not lncluda,l4ass fort) CONTRACT (do not Include judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies t ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment 0 Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections Nuisance © Dept. of Transportation Q Premises Liability © Statutory Appeal: Other S ❑ Product Liability (does not inchaie © Employment Dispute: mass tort) E ❑ Slanderitibeli Defamation Discrimination C ❑ Other ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: I ❑ Other: O \I_LSS TORT ❑ Asbestos N ❑ Tobacco 1] Tonic Tort - DES Toxic Tort - Implant REAL PROPERTY \IISCELLANE017S Toxic NVaste ❑ Other: ❑ Ejectment ❑ Common La�v,'Statutory Arbitration B ❑ Eminent Domain /Condenukltlon ❑ Declaratory Judgment ❑ Ground Rent. Mandamus Landlord/Tenant.Dispute e Non - Domestic Relations Q Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure.: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other. ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 MARTHA E. VON ROSENSTIEL, P.C. s 32115CFC -AB Martha E. Von Rosenstiel, Esquire / No. 52634 �' 25 Ali 11: 50 Heather Riloff, Esquire / No. 309906 CUMBERLAND COUNTY 649 South Avenue, Suite 7 PrENNSY Secane, PA 19018 (610) 328 -2887 Attorneys for Plaintiff PNC BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS OF 3815 South West Temple CUMBERLAND COUNTY Salt Lake City, Utah 84165 Plaintiff � � J S w t V. NO. JOEL E. STONER 331 South Enola Drive Enola, PA 17025 Defendant CIVIL ACTION — MORTGAGE FORECLOSURE NOTICE ADVISO You have been sued in court. If you wish to defend against the claims Le han demandado a usted en la corte. Si usted quiere defenderse de set forth in the following pages, you must take action within twenty estas demandas expuestas en las paginas siguientes, usted tiene (20) days after this complaint and notice are served, by entering a veinte (20) dias de plazo al partir de la fecha de la demanda y la written appearance personally or by attorney and filing in writing with notificacion. Hace falta a sentar una comparencia escrita o en the court your defenses or objections to the claims set forth against you. persona o con un abogado y entregar a la corte en forma escrita sus You are warned that if you fail to do so the case may proceed without defensas o sus objeciones a las demandas en contra de su persona. you and a judgment may be entered against you by the court without Sea a visado que si usted no se defiende, la corte toma ra medidas y further notice for any money claimed in the complaint or for any other puede continuar la demanda en contra suya sin previo aviso o claim or relief requested by the plaintiff. You may lose money or notificacion. Ademas, la corte puede decidir a favor del demandante property or other rights important to you y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT LLEVE ESTA DEMANDA A UN ABOGADO ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN TELEPHONE THE OFFICE SET FORTH BELOW. THIS PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO . OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT ESTA OFICINA LE PUEDE PROVEER INFORMACION HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A WITH INFORMATION ABOUT AGENCIES THAT MAY UN ABOGADO, LE PODEMOS DAR INFORMACION OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A PERSONAS ELEGIBLE P SERVIC OS AI AL A CO TO REDUCED FEE OR NO FEE REDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717 - 249 -3166 800 - 990 -9108 0$kA 55110 01 r, THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. MARTHA E. VON ROSENSTIEL, P.C. 32115CFC -AB Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328 -2887 Attorneys for Plaintiff PNC BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS OF 3815 South West Temple CUMBERLAND COUNTY Salt Lake City, Utah 84165 Plaintiff V. NO. JOEL E. STONER 331 South Enola Drive Enola, PA 17025 Defendant CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is PNC Bank, National Association, a corporation organized and existing under state law, with offices for the conduct of business at 3815 South West Temple, Salt Lake City, Utah 84165. 2. Defendant, Joel E. Stoner is the mortgagor and real owner of premises 331 South Enola Drive, Enola, PA 17025, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendant, mortgagor, and real owner, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendant, mortgagor, and real owner to First Franklin Financial Corporation on February 13, 2001, which mortgage was recorded on February 22, 2001 in the Office of the Recorder of Deeds of Cumberland County in Mortgage book 1672 page 813, secured on premises 331 South Enola Drive, Enola, PA 17025 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to PNC Bank, National Association by written assignment dated September 1, 2011 and recorded on September 20, 2011 in the Office of the Recorder of Deeds of Cumberland County as Mortgage Instrument No. 201126080. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made in conformity with the terms of the mortgage, from September 2012 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the, aforesaid mortgage: Principal Balance $ 57,874.42 Interest from 8/1/2012 to 4/22/2013 at $10.90 per diem $ 2,908.31 Accrued late charges $ 139.44 Accrued Escrow deficit $ 1,437.34 Attorney's Fee $ 1,650.00 Recoverable Balance $ 164.00 Total $ 64,173.51 9. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 as amended by Act 160 of 1998 assistance has not been granted, although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $64,173.51, plus per diem interest at $10.90 from April 23, 2013 to the date of judgment plus costs thereon. Respectfully Submitted, MARTHA E. VON ROSENSTIE , P.C. BY: Martha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Attorneys for Plaintiff VERIFICATION GERALD FRENCH JR. SVP hereby states that /she is the S u? of Select Portfolio Servicing, Inc., Servicing Agent for PNC Bank, National Association, plaintiff herein; that l�i /she is duly authorized to make this Verification on behalf of PNC Bank, National Association and verifies that the statements made in the foregoing Complaint in PNC Bank, National Association v. Joel E. Stoner relating to the property located at 331 South Enola Drive, Enola, PA 17025 are true and correct to the best of his/her information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. 4 Y . GERALD FRENCH . SVP ,Title: Select Portfolio Servicing, Inc. as servicer for PNC Bank, National Association Dated: Zo t 3 EXHIBIT I LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate on the West side of State Road, (now known as Enola Drive), East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point 25 feet southerly from the Southwest corner of State Road and Cumberland Street; thence Southwardly along the West side of State Road 25 feet, more or less, to a point, the Northern line of lot now or formerly of Harry Fortenbaugh, being Lot No. 29, thence along the Northern line of said Lot No. 29, Westwardly 155 feet, more or less, to a public alley, thence along the Eastern line of said public alley, Northwardly 25 feet, more or less, to a point, the dividing line between Lot Nos. 30 and 31; thence Eetwardly along the Southern line of Lot No. 31 and through the center of this and the adjoining property 140 feet, more or less, to the Eastern side of State Road, the place of BEGINNING. BEING the southern half of Lot No. 30 on Plan of Lots of John Q. Adams and Joseph Pyne and BEING known as 331 So. Enola Drive. PARCEL IDENTIFICATION NO: 09 -16- 1050 -009, CONTROL #: 09004011 EXHIBIT II Select Portfolio Servicing PO BOX 65250 Salt Lake City, UT 84165 -0250 9171 9010 7643 2000 5873 43 JOEL E STONER 331 S ENOLA DR ENOLA, PA 17025 f 00003036000184010600 S � S PAN - T S II �_ Me. JOEL E STONER 331 S ENOLA DR ENOLA, PA 17025 • Y LRC64 0000303600018402J600 001232392+ • • Date: November 21, 2012 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 len der intends to foreclose Specific information about the nature of the default is provided i the at tached 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 t his Notice with you when you meet with the Counseling A g en cy. 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 questio you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with imp aired 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 NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE' STAMO 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. x LRCG -� 00003036000184030600 U" x'32 9 T HOMEOWNER'S NAME(S): JOEL E STONER PROPERTY ADDRESS: 331 S ENOLA DRIVE ENOLA, PA 17025 LOAN ACCT. NO.: 0012323929 ORIGINAL LENDER: First Funding Group, LLC CURRENT LENDER/SERVICER: Select Portfolio Servicing, Inc. 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 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 agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is lo cated 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. Y To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Prograin 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 TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at: 331 S ENOLA DRIVE ENOLA, PA 17025 IS SERIOUSLY IN' DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Itemization of Amount Required to Cure Cure Date: 12/21/2012 Payment due for 09/01/2012 $ 1,684.89 Total amount due includes Escrow Payments (Taxes /Insurance). Your current monthly escrow payment is $97.07 Accrued Late Charges 139.44 Advances made on Customer's behalf 15.00 Escrow advance balance (Deficit) 0.00 Total Amount Outstanding $ 1,839.33 Unapplied balance 0.00 AMOUNT REQUIRED AS OF November 21, 2012 TO CURE THE DEFAULT is 1,839.33 LRC64 00003036000184040600 1,012323929 HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,839.33, 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: Select Portfolio Servicing, Inc. PO BOX 65450 Salt Lake City, UT 84165 -0450 IF YOU DO NOT CURE THE DEFAULT - -If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required 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 SHERIFF'S SALE - -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the 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 six (6) 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: Select Portfolio Servicing, Inc. Address: P.O. Box 65250 Salt Lake City, UT 84165 -0250 Phone Number (888) 818 -6032 Fax Number: (801) 293 -3936 Contact Person: Jennifer Coleman 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 X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 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. LRO164 00003036000184050600 v1G:32 •32 y HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 09/10/2012 05:11 PM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717- 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 - 855 -2752 717 - 762 -3285 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 - 334 -1518 717- 780 -3940 800 - 342 -2397 •�ti LF\ i;ou 00003036000184060600 U012323iJ29 irk �i1 3�# 1' ! A }' .. U HOME. 1�1 INS +U ; : Yom may bse able to make your paymen ts more m ale St R ' CI G in , Act now to get the help you need July 5, 2012 JOEL STONER Account Number. 0012323929 331 S ENOLA DR Property Address: 331 S ENOLA DRIVE ENOLA, PA 17025 ENOLA, PA 17025 Dear Borrower, There is help available if you are having difficulty making your mortgage loan payments. You may be eligible for the Home Affordable Modification Program, part of the initiative announced by President Obama to help homeowners. As your mortgage loan servicer, we will work with you in an effort to make your mortgage payment affordable. You will not pay any fees to take advantage of this opportunity to modify your mortgage loan payment and keep your home. Now is the time to act. We are ready to help you. Here's how it works: We will first determine if you are eligible based on your situation. To conduct this evaluation, we need you to submit an Initial Package consisting of a Request for Mortgage Assistance form (including all necessary certifications), an IRS Form 4506T -E7 or Form 4506 -T, and documentary evidence of all income. You may obtain the Request for Mortgage Assistance form and the IRS Form 4506T -EZ or Form 4506 -T from on our website at wvwv.spservicing.com. Important Notice! If there is a foreclosure sale scheduled for your home, you will also have to meet the following requirements: 1) If the Initial Package is received later than thirty (30) calendar days prior to the foreclosure sale date, all documentation must be received by overnight delivery with delivery confirmation no later than seven (7) business days before your scheduled sale date, and 2) All documents sent via overnight mail must be addressed to 3815 S. West Temple, Salt Lake City, LIT 84115. If you are unsure if there is a sale scheduled for your home in the next 30 days please contact us immediately at (888) 818 -6032 for more information. If you are eligible, we will look at your monthly income and housing costs, including any past due payments, and then determine an affordable mortgage payment. At first, you will make new, affordable monthly payments on your mortgage loan during a trial period. If you make those payments successfully and fulfill all trial period conditions, we will permanently modify your mortgage loan. The modification may involve some or all of the following changes to your mortgage loan: 1) Bringing your account current; 2) Reducing the interest rate on your loan; 3) Extending the term of the loan, and/or 4) delaying your repayment of a portion of the mortgage principal until the end of the loan term. GATHER THE INFO WE NEED TO HELP YOU To take advantage of this opportunity and the Home Affordable Modification Program, contact us as soon as possible. To help speed the process it will be helpful if you have the following information when you call: ■ Loan number • Monthly pre -tax income of each borrower • Information about any financial hardship you are suffering If you do not qualify for a loan modification under this program, or do not want to stay in your home or keep your rental property, we will work with you to explore other options available to help you keep your property or ease your transition to a new home, if applicable. OB003V1.0 0012323929 CONTACT US We want to make modifying your mortgage loan as easy as possible. However, you must take the first step by contacting us at (888) 818 -6032. You may also write to us at P.O. Box 65250, Salt Lake City Utah 84165 -0250 or via overnight mail at 3518 S. West Temple, Salt Lake City, Utah 84115 or via facsimile at (801) 293 -3936. Be sure to include the information listed above. Sincerely, Select Portfolio Servicing, Inc. • ..,.�� � � e _ _ _ s •_ • • • .ss - • • - j s s.• ° •s o ®.ss •. -• • - s • s ••. s - a s - s - • e• s s s- s •. Esta carts contiene informaciGn importante concerniente a sus derechos. Por favor, hagala traducir. Nuestros representantes bilingues estan a su disposiciGn para contestar cualquier pregunta Ilamando al teldfono (800) 831 -0118 y marque la opcion 2. This communication from a debt collector is an attempt to collect a debt and any information obtained will be used for that purpose. Minnesota — This collection agency is licensed by the Minnesota Department of Commerce New York City — Collection Agency License #1170514 0B003V1.0 0012323929 z Date: November 21, 2012 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• T he 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 t his Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving our 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 NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE' STAMO 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. LR064 00003038000184020500 61012323':;29 HOMEOWNER'S NAME(S): JOEL E STONER PROPERTY ADDRESS: 331 S ENOLA DRIVE ENOLA, PA 17025 LOAN ACCT. NO.: 0012323929 ORIGINAL LENDER: First Funding Group, LLC CURRENT LENDER/SERVICER: Select Portfolio Servicing, Inc. 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 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 agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one 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. LRO64 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 HEM" 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 HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - -The MORTGAGE debt held by the above lender on your property located at: 331 S ENOLA DRIVE ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Itemization of Amount Required to Cure Cure Date: 12/21/2012 Payment due for 09/01/2012 $ 1,684.89 Total amount due includes Escrow Payments (Taxes /Insurance). Your current monthly escrow payment is $97.07 Accrued Late Charges 139.44 Advances made on Customer's behalf 15.00 Escrow advance balance (Deficit) 0.00 Total Amount Outstanding $ 1,839.33 Unapplied balance 0.00 AMOUNT REQUIRED AS OF November 21, 2012 TO CURE THE DEFAULT $ 1,839.33 LR664 00003038000184030500 CC12323929 HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,839.33, 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: Select Portfolio Servicing, Inc. PO BOX 65450 Salt Lake City, UT 84165 -0450 IF YOU DO NOT CURE THE DEFAULT - -If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required 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 SHERIFF'S SALE - -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the 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 six (6) 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: Select Portfolio Servicing, Inc. Address: P.O. Box 65250 Salt Lake City, UT 84165 -0250 Phone Number (888) 818 -6032 Fax Number (801) 293 -3936 Contact Person: Jennifer Coleman a' 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 X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 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. EZLLIU LR064 00003038000184040500 001232J929 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 09/10/2012 05:11 PM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 71.7- 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717- 855 -2752 717 - 762 -3285 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 - 334 -1518 717- 780 -3940 800 - 342 -2397 00003038000184050500 00 1232e 9 s FORM 1 PNC BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS OF 3815 South West Temple CUMBERLAND COUNTY, Salt Lake City, Utah 84165 PENNSYLVANIA `= 7 . :. Plaintiff r -1 . i VS. NO. I �. �� S pa �a - 'r.; JOEL E. STONER 331 South Enola Drive Enola, PA 17025 Defendant y,-�+ `' --+ c.r NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE —G 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 T KE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respe , y submitted: April 22, 2013 Date gnature 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: CUSTOMERIPRIMARY APPLICATION 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? CO-BOR Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? INFORMATI FINANCIAL 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: 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 paying) 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 /Tuit. 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: 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: AUTH 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 3815 South West Temple CUMBERLAND COUNTY, Salt Lake City, Utah 84165 PENNSYLVANIA Plaintiff vs. NO. JOEL E. STONER 331 South Enola Drive Enola, PA 17025 Defendant 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 3815 South West Temple CUMBERLAND COUNTY, Salt Lake City, Utah 84165 PENNSYLVANIA Plaintiff vs. NO. JOEL E. STONER 331 South Enola Drive Enola, PA 17025 Defendant 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. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE r cmo,,t�t THE PROTHONOTA"13',"t' Sheriff 01,T, ,PX1111 Jody S Smith 7013 MAY -8 AMI,'t-- 04 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor OFFICE CFTk'F SPFQ1F9 PENNSYLVANIA PNC Bank National Association Case Number S. Joel E. Stoner 2013-2265 SHERIFF'S RETURN OF SERVICE 04/30/2013 12:05 PM-Deputy Noah Cline, 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 Joe Miholic, Occupant, who accepted as"Adult Person in Charge"for Occupant at 331 S. Enola Drive, East Pennsboro Towns!h)ig, Enola, PA 17025. NOAH CLINE, DEPUTY 04/30/2013 02:21 PM-Deputy Noah Cline, 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 Sharon Kipp, girlfriend,who accepted as"Adult Person in Charge"for Joel E. Stoner at 7513 Wertzville Road, Middlesex Townshi , Carlisle, PA 17015. NOAH CLINE, DEPUTY SHERIFF COST: $61.73 SO ANSWERS, May 01, 2013 RbNW R ANDERSON, SHERIFF (C)Couilty&jft Sheriff,Toleosoft,Inc, I #32115CFJ-DN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION : • r Plaintiff : -03: -ri NO. 13-2265 , -:0 rri fir"-- I . co 7 CD`, : --CP...„,. -4 --a CD JOEL E. STONER rte- - r, . 3: 't-- : N CJ � Defendant(s) 5....; PRAECIPE FOR DEFAULT JUDGMENT ".< ._;, To the Prothonotary: (XX) Enter judgment in favor of Plaintiff and against: Joel E. Stoner for want of an answer. (X) Assess Damages as Follows Debt $ 64,173.51 Interest from 4/23/13 to June 04, 2013 At $10.90 per diem , $ 468.70 Total $ 64,642.21 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of this Praecipe. A copy of the Notice is attached. R.C.P. 237.1 Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. antra' Mo.Sd pd af4. BY:C .r Martha E. Von Rosens ie squire 1 'sue'..?S d Heather Riloff, Esquire 2-4 c9Q I to a 8 Attorneys for Plaintiff �O�G2 NI � This 1 day of �*C' , 2013 judgment is entered in favor of the Plaintiff and against l Defendant(s), Joel E. Stoner by default for want o . .n answer and damages assess at the sum of $64,642.21 as per the above certification. rr..r Prothonota-0, , � um.=' and County MARTHA E. VON ROSENSTIEL,P.C. #32115CTD-MB Martha E. Von Rosenstiel,Esquire/No. 52634 Heather Riloff,Esquire/No 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610)328-2887 Attorneys for Plaintiff PNC BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS 3815 South West Temple CUMBERLAND COUNTY Salt Lake City, Utah 84115-4412 Plaintiff v. Case No: 13-2265 JOEL E. STONER 331 South Enola Drive Enola,PA 17025 Defendant TO: Joel E. Stoner 331 South Enola Drive Enola, PA 17025 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR.NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 Respectfully Submitted, MARTHA E. VON ROSENSTIEL,P.C. BY Martha E. Von R sti-1,Esquire Heather Riloff,E.• Attorneys for Plaintiff Dated: 5/21/13 • MARTHA E. VON ROSENSTIEL,P.C. #32115CTD -MB Martha E. Von Rosenstiel, Esquire/No.52634 Heather Riloff,Esquire I No. 309906 649 South Avenue, Suite 7 Secane,PA 19018 (610)328-2887 Attorneys for Plaintiff PNC BANK,NATIONAL.ASSOCIATION COURT OF COMMON PLEAS 3815 South West Temple CUMBERLAND COUNTY Salt Lake City, Utah 84115-4412 Plaintiff v. Case No: 13-2265 JOEL E. STONER 331 South Enola Drive Enola,PA 17025 Defendant TO: Joel E. Stoner 7513 Wertzville Road Carlisle, PA 17015 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER.,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: .� __ , f Martha E. Von R..: Esquire Heather Riloff, E Attorneys for Plaintiff Dated: 5/21/13 #32115CFJ-DN MARTHA E.VON ROSENSTIEL,P.C. Martha E.Von Rosenstiel,Esquire/No. 52634 Heather Riloff,Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff PNC BANK,NATIONAL ASSOCIATION : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY • vs. • JOEL E. STONER : No: 13-2265 Defendant(S) NON MILITARY AFFIDAVIT Martha E.Von Rosenstiel,P.C.by the undersigned hereby certifies that: 1. I am the attorney for the plaintiff herein. 2. The individual involved in this action is the owner of the premises described in the mortgage underlying this action. 3. The procedures of the Law Office of Martha E.Von Rosenstiel, P.C. are designed to discover facts concerning the military status of the mortgagor(s) and/or real owner(s). 4. Said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense, has confirmed that the defendant(s) is/are not in the military. 6. On information and belief,named mortgagor(s) and real owner(s) is/are not incompetent nor a service member in military service as defined by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Section 501 et seq. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Ro iel, Esquire Heather Riloff,Esqui Attorneys for Plaintiff Dated: June 04, 2013 017;r:: OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary Joel E. Stoner 331 South Enola Drive Enola, PA17025 PNC BANK,NATIONAL ASSOCIATION : COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY • VS. JOEL E. STONER • DEFENDANT(S) : NO: 13-2265 • Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $64,642.21 on June 04, 2013. David D. Buell Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Martha E.Von Rosenstiel,P.C. at this telephone number:610-328-2887. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary Joel E. Stoner 7513 Wertzville Road Carlisle, PA 17015 PNC BANK, NATIONAL ASSOCIATION : COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY VS. • JOEL E. STONER • DEFENDANT(S) : NO: 13-2265 • Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $64,642.21 on June 04, 2013. David D. Buell Prothonotary I I Judgment by Default Money Judgment Judgment in Replevin • Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Martha E. Von Rosenstiel,P.C. at this telephone number:610-328-2887. #32115CFJ-DN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • PNC BANK, NATIONAL ASSOCIATION . • Plaintiff : V. : NO. 13-2265 ^° - cr) c�CD JOEL E. STONER • -o o =a `c Defendants) V = r`' PRAECIPE FOR DEFAULT JUDGMENT "<, r.� "� To the Prothonotary: (XX) Enter judgment in favor of Plaintiff and against: Joel E. Stoner for want of an ' answer. (X) Assess Damages as Follows Debt $ 64,173.51 Interest from 4/23/13 to June 04, 2013 At $10.90 per diem $ 468.70 Total $ 64,642.21 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least(10) days prior to the date of the filing of this Praecipe. A copy of the Notice is attached. R.C.P. 237.1 Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY:C •1-�.i - f -S� Martha E. Von Rosens iel squire Heather Riloff, Esquire 24/ 94 l to a 8 Attorneys for Plaintiff �p� .Q n q This day of Vi-e- , 2013 judgment is entered in favor of the Plaintiff and against Jvl Defendant(s), Joel E. Stoner by default for want o .n answer and damages assess- at the sum of $64,642.21 as per the above certification. Protho�io :'', 1 urn 1=" and County • MARTHA E. VON ROSENSTIEL,P.C. #321 ISCTD- MB Martha E. Von Rosenstiel,Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610)328-2887 Attorneys for Plaintiff PNC BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS 3815 South West Temple CUMBERLAND COUNTY Salt Lake City, Utah 84115-4412 Plaintiff v. Case No: 13-2265 JOEL E. STONER 331 South Enola Drive Enola, PA 17025 Defendant TO: Joel E. Stoner 331 South Enola Drive Enola, PA 17025 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR.NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 • 800-990-9108 Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von R: ' sti-1,Esquire Heather Riloff, E.,. Attorneys for Plaintiff Dated: 5/21/13 MARTHA E. VON ROSENSTIEL,P.C. #32115CTD-MB Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff,Esquire/No. 309906 649 South Avenue,Suite 7 Secane, PA 19018 (610)328-2887 Attorneys for Plaintiff PNC BANK,NATIONAL.ASSOCIATION COURT OF COMMON PLEAS 3815 South West Temple CUMBERLAND COUNTY Salt Lake City, Utah 84115-4412 Plaintiff v. Case No: 13-2265 JOEL E. STONER 331 South Enola Drive Enola,PA 17025 Defendant TO: Joel E.Stoner 7513 Wertzville Road Carlisle, PA 17015 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Ctirs, .. Martha E. Von R+.=, stie Esquire Heather Riloff, E .•. - Attorneys for Plaintiff Dated: 5/21/13 Elk • #32115CFJ-DN MARTHA E.VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff PNC BANK, NATIONAL ASSOCIATION : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY• vs. • JOEL E. STONER : No: 13-2265 Defendant(S) NON MILITARY AFFIDAVIT Martha E. Von Rosenstiel,P.C. by the undersigned hereby certifies that: 1. I am the attorney for the plaintiff herein. 2. The individual involved in this action is the owner of the premises described in the mortgage underlying this action. 3. The procedures of the Law Office of Martha E.Von Rosenstiel,P.C. are designed to discover facts concerning the military status of the mortgagor(s) and/or real owner(s). 4. Said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense, has confirmed that the defendant(s) is/are not in the military. 6. On information and belief,named mortgagor(s) and real owner(s)is/are not incompetent nor a service member in military service as defined by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Section 501 et seq. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL,P.C. BY4 Martha E.Von Ro iel Esquire Heather Riloff, Esqui Attorneys for Plaintiff Dated: June 04, 2013 , -1)+"14N,I; OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary Joel E. Stoner 331 South Enola Drive Enola, PA17025 PNC BANK,NATIONAL ASSOCIATION : COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY • VS. • JOEL E. STONER DEFENDANT(S) : NO: 13-2265 • Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $64,642.21 on June 04, 2013. David D. Buell Prothonotary X Judgment by Default 1 Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration 1 Judgment on Court Findings If you have any questions concerning this notice, please call: Martha E.Von Rosenstiel,P.C. at this telephone number:610-328-2887. • • 417'1' ,-,g17-11::.4;- OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary Joel E. Stoner 7513 Wertzville Road Carlisle, PA 17015 PNC BANK, NATIONAL ASSOCIATION : COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY V S•. JOEL E. STONER DEFENDANT(S) : NO: 13-2265 • • Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $64,642.21 on June 04, 2013. David D. Buell Prothonotary X Judgment by Default . Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Martha E. Von Rosenstiel,P.C. at this telephone number:610-328-2887. ' 32115CWE-DN Commonwealth of Pennsylvania COUNTY OF CUMBERLAND PNC BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS V. DOCKET NO. 13-2265 JOEL E. STONER ATTORNEY I.D. #52634 ATTORNEY I.D. #309906 Praecipe for Writ of Execution TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE $ 64,642.21 INTEREST from 6/5/2013 to 12/4/2013 At 6 % $ 1,945.29 TOTAL* $ 66,587.50 *Plus costs to be endorsed Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY. - Martha E. Von Rosen t' , Esquire Heather Riloff, Esquir Attorneys for Plaintiff -'y PREM: 331 South Enola Drive, Enola, PA 17025 wr; tom`!,�' CD-1 P �n ter; f COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 13-2265 PNC BANK,NATIONAL ASSOCIATION V. JOEL E. STONER Praecipe for Writ of Execution (Mortgage Foreclosure) AMOUNT DUE $ 64,642.21 INTEREST from 6/5/2013 to 12/4/2013 At 6 % $ 1,945.29 TOTAL* $ 66,587.50 *Plus costs to be endorsed Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 Attorneys for Plaintiff 649 South Avenue, Unit#6 Secane,PA 19018 (610)328-2887 #32115-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff PNC BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. JOEL E. STONER NO: 13-2265 Defendant(s) LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate on the West side of State Road, (now known as Enola Drive), East Pennsboro Township, Cumberland County, Pennsylvania,bounded and described as follows, to wit: BEGINNING at a point 25 feet southerly from the Southwest corner of State Road and Cumberland Street; thence Southwardly along the West side of State Road 25 feet, more or less, to a point, the Northern line of lot now or formerly of Harry Fortenbaugh,being Lot No. 29, thence along the Northern line of said Lot No. 29, Westwardly 155 feet, more or less, to a public alley, thence along the Eastern line of said public alley, Northwardly 25 feet, more or less, to a point, the dividing line between Lot Nos. 30 and 31; thence Eastwardly along the Southern line of Lot No. 31 and through the center of this and the adjoining property 140 feet, more or less, to the Eastern side of State Road, the place of BEGINNING. BEING the southern half of Lot No. 30 on Plan of Lots of John Q. Adams and Joseph Pyne and BEING known as 331 So. Enola Drive. PARCEL IDENTIFICATION NO: 09-16-1050-009, CONTROL#: 09004011 IMPROVEMENTS: Residential dwelling TITLE TO SAID PREMISES IS VESTED IN Joel E. Stoner,by Deed from Joel E. Stoner and Patricia R. Stoner,his wife, dated 11/04/1999,recorded 11/10/1999 in Book 211,Page 311. #32115CAM - DN MARTHA E. VON ROSENSTIEL, P.C. � `} Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 r xi Secane, PA 19018 y C-, .] (610) 328-2887 -- Attorneys for Plaintiff (.n PNC BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. JOEL E. STONER : NO: 13-2265 Defendant(s) AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 Martha E. Von Rosenstiel, P.C.by the undersigned attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 331 South Enola Drive, Enola, PA 17025: 1. Name and address of owners(s) or reputed owner(s) Joel E. Stoner 331 South Enola Drive Enola, PA 17025 2. Name and address of defendant(s) in the judgment: Joel E. Stoner 331 South Enola Drive Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: East Pennsboro Township 98 South Enola Drive Enola, PA 17025 4. Name and address of the last recorded holder of every mortgage of record: NONE 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: i NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Department of Revenue Inheritance Tax division, P.O. Box 280601 Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Department of Revenue Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Cumberland County Adult Probation 4 East Liberty Avenue Carlisle, PA 17013 Occupant 331 South Enola Drive Enola, PA 17025 I verify that the statements made in this affidavit are true and correct upon 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. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. B Martha E. Von Rosen ti Es uire Heather Riloff, Esqui e Attorneys for Plaintiff Dated: June 03, 2013 #32115-CWE-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 c f Attorneys for Plaintiff rn PNC BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS � Plaintiff CUMBERLAND COUNTY LCD "t7 �rz VS. O` - JOEL E. STONER Defendant(s) : No: 13-2265 CERTIFICATE TO THE SHERIFF I hereby certify that I am the attorney of record for the plaintiff in this action again real property and further certify that this property is: FHA—Tenant Occupied or Vacant Commercial As a result of a Complaint in Assumpsit That the plaintiff has complied in all respects with Section 403 of the Mortgage Assistance Act including, but not limited to: (a) Service of the Notice on the Defendants (b) Expiration of the 30 days since Service of the Notice (c) Defendants' failure to request or appear at meeting with mortgagee or Consumer Credit Counseling Agency (d) Defendants' Failure to file application with the Homeowners Emergency Assistance Program I further agree to indemnify and hold harmless the Sheriff for any false statement given herein. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. B Martha E. Von Rosei el, E quire Heather Riloff, Esquir Attorneys for Plaintiff MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel,Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff „ PNC Bank,National Association COURT OF COMMON PLEAS , 3815 South West Temple CUMBERLANDCOUNTY Salt Lake City Utah 84115-4412 Plaintiff "a VS. ,n c� cp Joel E. Stoner No: 13-2265 331 South Enola Drive Enola, PA 17025 Defendants AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE Martha E. Von Rosenstiel,P.C. by the undersigned for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the last known addresses of the defendants are: 1. Name and address of owners(s) or reputed owner(s) and/or defendant(s) in the judgment: Joel E. Stoner 331 South Enola Drive Enola, PA 17025 1 verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY:�--�i' Martha E. Von Rose stie , Esquire Heather Riloff, Esqu e Attorneys for Plaintif 32115CAM-DN Fi L E01-017C'11, i MARTHA E, VON ROSENSTIEL, P.C. P/Wllohvrw� Martha E. Von Rosenstiel, Esquire /No. 52634 JUN 7 PM 2: 4 7 Heather Riloff, Esquire /No. 309906 649 South Avenue, Suite 7 CUMBERLAN0 COUt4TY Secane, PA 19018 PEPNSYLVANIA (610) 328-2887 Attorneys for Plaintiff PNC BANK, NATIONAL COURT OF COMMON PLEAS ASSOCIATION CUMBERLAND COUNTY Plaintiff vs. No: 13-2265 JOEL E. STONER Defendant(s) NOTICE OF SHERIFFS SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 331 South Enola Drive Enola, PA 17025 will be sold by the Sheriff of Cumberland County on Date of Sale: December 04, 2013' Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, I Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 13-2265 in the Court of Common Pleas of Cumberland County by PNC Bank, National Association, Plaintiff against Joel E. Stoner, Defendant(s). Judgment was entered on June 04, 2013 in the amount of$64,642.21. The property was seized and taken in execution as the property of Joel E. Stoner. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN lot or piece of land situate on the West side of State Road, (now known as Enola Drive), East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point 25 feet southerly from the Southwest comer of State Road and Cumberland Street; thence Southwardly along the West side of State Road 25 feet, more or less, to a point, the Northern line of lot now or formerly of Harry Fortenbaugh, being Lot No. 29, thence along the Northern line of said Lot No. 29, Westwardly 155 feet, more or less, to a public alley, thence along the Eastern line of said public alley, Northwardly 25 feet, more or less, to a point, the dividing line between Lot Nos. 30 and 31; thence Eastwardly along the Southern lind of Lot No. 31 and through the center of this and the adjoining property 140 feet, more or less, to the Eastern side of State Road, the place of BEGINNING. BEING the southern half of Lot No. 30 on Plan of Lots of John Q. Adams and Joseph Pyne and BEING known as 331 So. Enola Drive. PARCEL IDENTIFICATION NO: 09-16-1050-009, CONTROL #: 09004011 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 13-2265. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. Ronny R. Anderson, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire /No. 52634 , Heather Riloff, Esquire /No. 309906 Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-2265 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK,NATIONAL ASSOCIATION Plaintiff(s) From JOEL E.STONER (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 gamishee(s)that: (a)an attachment has been issued;(b)the gamishee(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: $64,642.21 L.L.:$.50 Interest FROM 6/5/2013 TO 12/4/2013 AT 6%-$1,945.29 Atty's Comm: Due Prothy:$2.25 Atty Paid: $210.48 Other Costs: Plaintiff Paid: Date: 617113 David D.Buell,Protbonota ,(Seal) 15 Deputy REQUESTING PARTY: Name:HEATHER RILOFF,ESQUIRE Address:14ARTIIA E.VON ROSENSTIEL,P.C. 649 SOUTH AVENUE,SUITE 7 SECANE,PA 19018 Attorney for:PLAINTIFF Telephone:610-328-2887 Supreme Court ID No.309906 C:s #32115CAM - DN MARTHA E. VON ROSENSTIEL, P.C. E3 _C Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 y. �.- 649 South Avenue, Suite 7 co `. Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff PNC BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. JOEL E. STONER NO: 13-2265 Defendant(s) AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 Martha E. Von Rosenstiel,P.C. by the undersigned for the Plaintiff in the above action, hereby verifies that on cv - t S — ( � , true and correct copies of the Notice of Sheriff's Sale were served upon recorded lienholders and any known interested parties by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. I verify that the statements made in this affidavit are true and correct upon 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. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. B . Martha E. Von Ros 'el, ' squire Heather Riloff, Esq ' Attorneys for Plaintiff �I Indicate type of mail Check appropriate hlock Affix stamp here if issued as Name MARTHA E.VON ROSENSTIEL, P.C. ❑ Registered ❑ Return Receipt for certified of mailing or for and Registered Mail: additional copies of this'.tiill:S�F Attorney At Law for Merchandise Address O With Postal Insurance 41^ 649 South Avenue, Unit 7 ❑ Insured = nj of ❑Without Postal Postmark and Date,of Receipt;.',--- �N Secane, PA. 19018 ❑ COD ❑ Int'I Recorded Del. ;. ° Sender Insurance ❑ Certified ❑ Express Mail ,. s.� `Rest-Del Tee Act. , '.a A I LEE L FROM 71PC0DE 90 8 Article Name of Addresses, Street, and Handling alue . Insured Due R.R. S.D. S.H. Line Postage Fee g Sender Number Post Office Address g Charge (If Value If COD Fee Fee Fee Remarks (,y Regis.) Cumberland County Tax Claim 1 #32115 1 Courthouse Square Carlisle,PA. 17013 Cumberland Register of Wills 2 County Courthouse Carlisle,PA. 17013 m Attorney General of the U.S. C/O Assistant Attorney General 3 Tax Division U.S.Department of Justice P.O.Box 227 Washington,DC.20044 PA Department of Revenue Q Inheritance Tax Division, 4 P.O.Box 280601 0 - Harrisburg,PA 17128 LL. Family Court/Domestic Relations 5 1 Courthouse Square Carlisle;PA. 17013 PA.Department of Revenue Bureau of Compliance 6 Attn:Sheriff Sale Section P.O.Box 218230 Harrisburg,PA. 17128-1230 Department of Public Welfare 7 P.O.Box 2675 Harrisburg,PA. 17105 Occupants/Tenants 8 331 South Enola Drive ECAp Enola, PA 17025 OS °o�, PA.Department of Revenue 4 J(/, o 9 Bureau of Individual Taxes 13 r P.O.Box 280603 �� Harrisburg,PA.17128 F� Cumberland County Adult Probation 10 4 East Liberty Avenue Carlisle,PA 17013 East Pennsboro Township 11 98 South Enola Drive Enola,PA 17025 Total Number of Pieces Total Postmastef ery(Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The Listed by Sender Number of, ) maximum indemnity payable for the reconstruction of nonnegotiable documents under Express 14 Pieces I J Mail document reconstruction insurance is$50,000 per price subject to a limit of$500,000 per Received at I 1 occurrence. . The maximum indemnity payable on Express Mail merchandise insurance is$500. ` Post Office ( % l The maximum indemnity payable is$25,000 for registered mail,sent with optional postal ( / insurance. See Domestic Mail Manual R900,S913, and S921 for limitations coverage on in Iirr arAinrtS.of r•.nvPrana nn internatinnal_,- ,. . 32215-W AFFIDAVIT OF SERVICE C= PLAINTIFF: :1 -0 PNC Sank,National Association Mao C� f-I COURTOr COMMON PLEAS M C= CuiriticrIand COUNTY �)D _10 rT1 DEFENDANT ;z COURT NO. 13-2265 IV C") Joel E.Stoner . CD C.:)_rI SERVE UPON: C-) Joel E.Stoner C:) CD C-1 331 South Enola Drive TYPE OF ACTION 1> Ender,PA 17026 XX WRIT OF EXECUTION and Notice of Sheriff's Sale SPECIAL INSTRUCTIONS:please serve defendant personally ShgjftSio 0,fe..1VA2013 or adult In charge of promises J;WL C ES RUED ii Se and mach known to Defendant, on the at _�_day Of 204 0 a,ock K.. at 4,�I ICNCXA J)V, Commonwealth of pennWvanla, In Cho manner described bol;_;.. le - 2crfiOnally served. Manager/Clerk of place of lodging In which Defendant. — X Adult fam;L2,y member vkth whom Defendant resides. Defendant resides. Relationship Is —Agent or person in charge of Defendants office Adult In qbmV-e of Defendant la realdence who or usual place of business. refused Other to give namelrdavonship. _-^_') Weight Description: Age„21- Haight Racer_�_M� Sex 6 Other 1_0 90(44 Do-koar-'.t a competent adult,being duly sworn according to law,depose and state that I personally handed to a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriff's Sale issued in th&-captionedcai—eon the date and at the address Indicated above; Swo to and bed RTY beloMrn g da KIMBERLY C RTY of - 20 ID#2295304 Notary: NOTSERVED sy.'. NOTARY PUBLIC STATE OF NEW JERSEY On the �_do .2Q_.at_o'cloa_.M,,Defen March 7,20018 18 Moved —Unknown No Answer Vacant Time if—Attempt: Result: Date o/Aftempt. Sworn to and subscribed before me this_day of 200�_. Notary: ay: ATTORNEY Martha E.Von Rosenstial,P.C. 649 South Avenue,Unit 6 Secane,PA 19018 610-328-2891 c�.pzils'-�Dx AFF2DAVIT OF SERVICE t+.a 4 PLAINTIFF: C_. PNC Sank,National Association COURT OF COMMON PLEAS Uj FV ;: DEFENDANT Cumbcrkfd COt;!]fN Joel E.Stoner COURT NO. 134265 C-) J,- =' - SERVE UPON: C V f C:'C- Joel E.Stoner TYPE OF ACTION —� T513}/Yerizville Road W Carlisle.PA 17015 XX WRIT OF EXECUTION and Notice of Sheriffs Sale -j SPECIAL INSTRUCTIONS:please serve defendant personally Sheriffs Sale Date 12/4/Z 13 or adult in charge of premises • 01 a'L>A SERVED �.Z Se and made known to ST "�`' Defendant, on the da of J�I"�1 20 et O'C10Ck, H., at UrjL 'I caft=onwealth of Penaaylvania in the manna described below: ' ' Defendane ersonall served. Manager/Clerk of place of lodging in which Adult fandl memo r with w om Defendant redides. Defendant resides. Relationship is Agent or person in charge of Defendant's office Adult in charge o Defendant's residence who or usual place of business. refused ^_ Other to give�ame/retationshi . Del,.scription: Age t5Height 9 S� s x Weight (Y6-5 Rage saX F Other AY9 ` ,a competent adult,being duly swam according to law,depose and state that I personally handed to . a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriff's Sale issued in the captioned casb on the dat and at the address indicated above; Swom to and subscribed beforemethis day NOT SERV -- ID #2295304 NOTARY PUBLIC On the d 20_,at o'clock M..Defendant NOT FO $TQTE OF NEW,1ERSEY trrctlsoion tyxpires March 7, 2018 Moved Unknown No Answer Vacant Time of Attempt: Result: Date fof Attempt: 1�1 Sworn to and subscribed before me this day of 20Q_ Notary: ATTORNEY Martha E.Von Rosenstlel,P.C. 649 South Avenue,Unit 6 Secane,PA 19018 610-328-2887 MARTHA E. VON ROSENSTIEL,P.C. Heather Riloff, Esquire/I.D. No. 309906 ij, 26 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 PE;-It%Syl-VANM Attorneys for Plaintiff PNC BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS 3815 South West Temple CUMBERLAND COUNTY Salt Lake City, Utah 84115-4412 Plaintiff vs. No. 13-2265 JOEL E. STONER 331 South Enola Drive Enola, PA 17025 Defendant PLAINTIFF'S MOTION TO REMOVE CASE FROM THE CUMBERLAND COUNTY RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM AND CONFIRM THE DEAFULT JUDGMENT AND WRIT OF EXECUTION ENTERED ON JUNE 7,2013 Plaintiff, PNC Bank, National Association by and through its undersigned counsel, Martha E. Von Rosenstiel, P.C., Heather Riloff, Esquire, hereby respectfully requests that this Honorable Court enter an Order granting its Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program and to Confirm the Default Judgment and Writ of Execution Entered on June 7, 2013, and in support thereof, avers as follows: 1. This matter has been assigned to the Honorable Kevin A. Hess,P.J. for matters concerning the Residential Mortgage Conciliation Program. 2. The Plaintiff filed its Complaint in Mortgage Foreclosure against the Defendant on April 25, 2013 for the Defendant's failure to make monthly mortgage payments due September 1, 2012 and each month thereafter. A true and correct copy of the Complaint and Notice is attached hereto and incorporated herein as Exhibit A. 3. On or about April 30, 2013 the Mortgage Foreclosure Complaint was served upon an "Occupant"at the mortgaged premises. A true and correct copy of the service return is attached hereto and incorporated herein as Exhibit B. 4. On or about April 30, 2013, Defendant was served with the Mortgage Foreclosure Complaint at the property located at 7513 Wertzville Road,Middlesex Township, Carlisle, PA 17015. Please see Plaintiff's Exhibit B. 5. The sixty(60) day stay of proceedings went into effect pursuant to the February 28, 2012 Administrative Order on April 30, 2013. 6. As of June 30,2013, sixty(60) days after service of the Complaint and Notice, Plaintiff had not received notice of a Conciliation Conference date,nor a Diversion Program Financial Worksheet. 7. On May 21,2013 Plaintiff sent 237 Notices and Judgment by default was entered against the Defendant in favor of the Plaintiff on June 7, 2013. A true and correct copy of the Default Judgment is attached hereto and incorporated herein as Exhibit C. 8. On June 7, 2013, a praecipe for writ of execution was issued listing the property located at 331 South Enoia Drive, Enola, PA 17025 for the December 4,2013 Cumberland County Sheriff's Sale. 9. To date, neither Plaintiff nor its undersigned counsel has received any communication from a housing counselor on the Defendant's behalf. 10. Plaintiff has no knowledge of any counsel on Defendant's behalf. 11. Plaintiff respectfully requests that the sixty (60) day temporary stay be vacated and it be permitted to proceed with its foreclosure action. 12. The purpose of the sixty (60) day stay following service of the Complaint and Notice was to give the borrower an opportunity to qualify for the Cumberland County Mortgage Foreclosure Diversion Program. 13. In the instant case, the mortgaged premises is not the primary residence of the borrower. See Plaintiff's Exhibit B. 14. Furthermore, Defendant did not file a Request for Conciliation Conference within the required sixty(60)day time period set forth in the Notice. 15. As Defendant has opted not to participate in the Mortgage Foreclosure Diversion Program nor filed any response to Plaintiff's Complaint in Mortgage Foreclosure, Defendant will not be prejudiced by confirming Plaintiff's Default Judgment and Writ of Execution entered on June 7, 2013. 16. Plaintiff respectfully requests that the Default Judgment and Writ of Execution entered on June 7, 2013 be confirmed. WHEREFORE, Plaintiff, PNC Bank, National Association, respectfully requests this case be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and that the Default Judgment and Writ of Execution entered on June 7, 2013 be confirmed. Respectfully Submitted, MARTHA E. VON ROSENSTIEL,P.C. BY: Heather Riloff, Es re PA Attorney ID No. 3 0 Attorney for Plaintiff 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Dated: /a 3 1(3 VERIFICATION HEATHER RILOFF, ESQUIRE, hereby states that she is the Attorney for the Plaintiff in this action and that the statements made in the forgoing Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program and to Confirm the Default Judgment and Writ of Execution Entered on June 7, 2013, are true and correct to the best or her information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. MARTHA E. VON ROSENSTIEL, P.C. BY: Heather Riloff, Esq Attorney for Plaintiff Date: 0 • FILED-OFFIC-7 OF THE PROTHONOTA MARTHA E. VON ROSENSTIEL,P.C. p�-, 32115CFC-AB Martha E. Von Rosenstiel, Esquire/No. 52634 2013 APR 25 AN If: 51 Heather Riloff, Esquire/No. 309906 CUMBERLAND COUNTY 649 South Avenue, Suite 7 PENNSYLVANIA Secane, PA 19018 (610)328-2887 Attorneys for Plaintiff PNC BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS OF 3815 South West Temple CUMBERLAND COUNTY Salt Lake City, Utah 84165 Plaintiff JOEL E. STONER V. NO. _a�)U-S 331 South Enola Drive Enola, PA 17025 Defendant CIVIL ACTION-MORTGAGE FORECLOSURE -NOTICE ADVISO You have been sued in court. If you wish to defend against the claims Le han dcmandado a usted on to corte.Si usted quiere defencime do set forth in the following pages,you must take action within twenty estns demandas cxpucstas on las paginas siguientes,ustcd tienc 120)days after this complaint and notice are served,by entering a vcinte(20)dias do plaza at partir do to(echo do In demands y In written appearance personally or by attomey and filing in writing with notificucion. Ha"-fultanscntorunacomparenciaescrilaocn the court your defenses or objections to the claims set forth against you. persona o con un abagado y enEregar a In corte on forma escrito sus You are worried that if you fail to do so the case may proceed without defensas o sus objLcioncs a Ins demandas en contra do su persona. you and a judgment may be entered against you by the court without Sea a visado quo si usted no so dc6cride,to corte toms ra mccliclas y further notice for any money claimed in the complaint or for any other puLde continuar to demanda en contra suya sin previo aviso o claim or relief requested by the plaintiff. You may Jose money or notificacion. Adcmas,In corte puctle dccidir a favor del demandante property or other rights important to you y rcquierc quo usted cumplu con todas[as provisions do esta demanda. Usted puctic perder dincro o sus propiedudes o otros do rcchos imporiantes pars usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT' LLEVE ESTA DEMANDA A UN ABOGADO ONCE. IF YOU 00 NOT HAVE A LAWYER GO TO OR INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN TELEPHONE THE OFFICE SET FORTH BELOW.THIS PERSONA 0 TELEFONA A LA OFICINA ESCRITA ABAJO. OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT ESTA OFICINA LE PUEDE PROVEER INFORMACION HIRING A LAWYER.IF YOU CANNOT AFFORD TO HIRE A SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU NO TIENE EL DINERO SUFICIENTE PARR CONTRATAR A WITH INFORMATION ABOUT AGENCIES THAT MAY VN ABOGADO,LE PODEMOS DAR INFORMACION OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A REDUCED FEE OR NO FEE PERSONAS ELEGIBLE PARA SERVICIOS A COSTO I REDVCH)O,OGRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800.990-9108 Supreme Court of Pennsylvania Court of Common Pleas For Prarttotlown,Us,-on7r: Civil Cover Sheet Docket 140: Cumberland County The information collected on this form is used solely,for court administration purposes. 7.his form does not sup lement or re la the tlin ttnd service o pleadin s or other papers as required b law or rules o court. S Commencement of Action: E x Complaint n Writ of Summons o Petition C o Transfer from Another Jurisdiction o Declaration of Taking Lead Plaintiff's Name:PNC BANK,NATIONAL Lead Defendant's Name:JOEL E.STONER T ASSOCIATION I O N Are money damages requested? : o Yes X No Dollar Amount Requested: within arbitration limits A (Check one) outside arbitration limits Is this a Class Action Suit? Do Yes DX No Is this an MDJA eat? ❑ Yes X No Name of PtaintifftAppellant's Attorney:Martha Von Rosenstiel,Esq. Check Isere if you are a Self-Represented(Pro Se)Litigant Nsttu3�e of tile Case: Place an"X''to the left of the ONE case categon that most accurttAi} describes your pR1:'t'f 4R cAsR. If you are making snore than one type of clailm check the one that you consider most importmit. TORT(do nor rnchnrc Allass Ton) CONTRACT(:ro rror Include htdgmenrt �C:IVIL APPEALS © Buyer Plaintiff Administrative Agencies Q Malicions Prosecution Q Dent Collection:Credit Card Q Bomd of Assessment QMotar t.elude Q Debt Collection:Other Q Board of Elections \Motor V © Dept.of-Transportation Prenvses Ltabilih StatuuoryAppeal:Other Q Product Liability tdons no=n:clruce Q Employment Dispute: nicTSS 707'rl D].Stlln-,mation Ofandar/Lrtri'Dcfamauora C f3thcr: ©Empiaituxnt Dispute:Other j 1 Q Zotung Board ` ( Other 0 MASS TORT _ Q Asbestos N Q Tobacco - Q Toxic Ton-DES j Q Toxic Tort-inTplaut ° REAL PROPERTY MISCELLANEOUS Q Toxic'Waste t Q Ejectment Q Common Latet5taruuory Arbitration ©Other: Q Eminent DamaiwCondeuntoriou Q Declaratory ktdltrxueut B i Q Ground Rcnt Mandamus Landlord'Tertaut Dispute Non-Domestic Relations Q Mortgage Foreclosure:Resideutial Restraining Order PROFESSIONAL LIABLITY Q..'lorreage Foreclosure:Conuuercial ©Quo Warranto Q Dental j Q Partition ©Repliv. [3 Legal { ❑Quiet Title Q Other: Q Medical 4 ©Other: Q Other Professional: , i L`prlrrtcct 1.�ti2Q.t1 foRm I PNC BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS OF 3815 South West Temple CUMBERLAND COUNTY, Salt Lake City, Utah 84165 PENNSYLVANIA Plaintiff VS. NO. JOEL E. STONER 331 South Enola Drive Enola, PA 17025 Defendant 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 tender. 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 Mid Penn 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. Respe.pfflilfy submitted: April 22. 2013 Date Signature of Counsel for Plaintiff FORM 2 Cumberland County k esidential 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: CLISTOMERIPRIMAR Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes C] No[:] listing date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied: Yes❑ No rl Mailing Address(if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? CO-BORROWER Mailing Address: City: State. Zip: Phone Numbers: Home: Office: Ce11: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage tender: 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: Assets 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 21 Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): L Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses:(Please only include expenses you are currently pail-nA).. LEXPENSE AMOUNT EXPENSE TAMOUNT Mortgage Food Car Payment(s) Condo_/Nei,gh.Fees � itc _Insurance Med. (not covered) Auto fuel/repairs Other Prop.Payment Install.Loan Payment Cable TV Child Support/Alien. Spending Money Day/Child Care/Twit. Other Exp'e'nses Amount Available for Monthly Mortgage Payments Based on Income and Expenses, Have you been working with a Housing Counseling Agency? Yes No r-1 If yes,please provide the following information: Counseling Agency; Counselor: Phone(Office): Fax: Email: 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: i 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 Af 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 3815 South West Temple CUMBERLAND COUNTY, Salt Lake City, Utah 84165 PENNSYLVANIA Plaintiff JOEL E. STONER 331 South Enola Drive Enola, PA 17025 Defendant 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 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 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 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 3815 South West Temple CUMBERLAND COUNTY, Salt Lake City, Utah 84165 PENNSYLVANIA Plaintiff VS. NO. JOEL E. STONER 331 South Enola Drive Enola, PA 17025 Defendant CASE MANAGEMENT ORDER AND NOW, this day of 120 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. S. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. t BY THE COURT, THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE,BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692, et seq. (1977),DEFENDANT(S)MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30)DAYS OF RECEIPT OF THIS PLEADING,COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S)WITH WRITTEN VERIFICATION THEREOF; OTHERWISE,THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE, THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30)DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY(30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER,IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADbRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT,THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE,THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. MARTHA E, VON ROSENSTIEL, P.C. 32115CFC-AB Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 . 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff PNC BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS OF 3815 South West Temple CUMBERLAND COUNTY Salt Lake City, Utah 84165 Plaintiff V. NO. JOEL E. STONER 331 South Enola Drive Enola, PA 17025 Defendant CIVIL ACTION -MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is PNC Bank, National Association, a corporation organized and existing under state law, with offices for the conduct of business at 381.5 South West Temple, Salt Lake City, Utah 84165. 2. Defendant, Joel E.Stoner is the mortgagor and real owner of premises 331 South Enola Drive, Enola, PA 17025, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendant,mortgagor, and real owner, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendant; mortgagor, and real owner to First Franklin Financial Corporation on February 13, 2001,which mortgage was recorded.on February 22, 2001 in the Office of the Recorder of Deeds of Cumberland County in Mortgage book 1672 page 813, secured on premises 331 South Enola Drive, Enola, PA 17025 a true and correct description of which is attached hereto as Exhibit 1. 4. The mortgage has since been assigned to PNC Bank, National Association by written assignment dated September 1, 2011 and recorded on September 20, 2011 in the Office of the Recorder of Deeds of Cumberland County as Mortgage Instrument No. 201126080. 5. Plaintiff alleges each and every term,condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been trade in conformity with the terms of the mortgage, from September 2012 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terns of the.aforesaid mortgage: Principal Balance S 57,874.42 Interest from 8/1/2012 to 4/22/2013 at$10.90 per die,n $ 2,908.31 Accrued late charges $ 139.44 Accrued Escrow deficit $ 1,437.34 Attorney's Fee $ 1,650.00 Recoverable Balance $ 164.00 Total $ 64,173.51 9. Plaintiff sent to defendants,mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners'Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 as amended by Act 160 of 1998 assistance hasnot been granted, although the applicable time periods provided by statute have expired(Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of$64,173.5 1,plus per diem interest at $10.90 from April 23, 2013 to the date of judgment plus costs thereon. Respectfully Submitted, MARTHA E. VON ROSENSTIE P.C. BY:J/ Martha E. Von kosenstiel, Esquire Heather Riloff, Esquire Vi Attorneys for Plaintiff VERIFICATION GERALD FRENCH JR.SVP, hereby states tha b /she is the uof Select Portfolio Servicing, Inc.,Servicing Agent for PNC Bank,National Association,plaintiff herein;that/shc is duly authorized to make this Verification on behalf of PNC Bank,National Association and verifies that the statements made in the foregoing Complaint in PNC Bank,National Association v. Joel E.Stoner relating to the property located at 331 South Enola Drive,Enola,PA 17025 are true and correct to the best of his/her information and belief: The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. tl GERALD FRENCH .UP Title: Select Portfolio Servicing, Inc. as servicer for PNC Bank,National Association Dated: 11 ,i 20 15 EXHIBIT I LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate on the Vilest side of State Road, (now known as Enola Drive),East Pennsboro Township, Cumberland County, Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point 25 feet southerly from the Southwest corner of State Road and Cumberland Street; thence Southwardly along the West side of State Road 25 feet,more or less, to a point, the Northern line of lot now or formerly of Harry Fortenbaugh,being Lot No.29, thence along the Northern line of said Lot No. 29,Westwardly 155 feet,more or less,to a public alley,thence along the Eastern line of said public alley,Northwardly 25 feet,more or less,to a point,the dividing line between Lot Nos. 30 and 31; thence Eastwardly along the Southern line of Lot No. 31 and through the center of this and the adjoining property 140 feet, more or less,to the Easter side of State Road, the place of BEGINNING. BEING the southern half of Lot No. 30 on Plan of Lots of John Q. Adams and Joseph Pyne and BEING known as 331 So. Enola Drive. PARCEL IDENTIFICATION NO: 09-16-1050-009,CONTROL#: 09004011 EXHIBIT II Select Port€olio ,Servicing PO BOX 6iz250 Salt Lake City, ur 84165-0250 9171 9010 7643 2000 5873 43 JOEL E STONER 331 S ENOLA DR ENOLA, PA 17025 � Y" PSISELECT JOEL E STONER 331 S ENOLA DR ENOLA,PA 17025 2M 02[kr30C) r Date: November 21,2012 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 (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 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 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1.869). 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 NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPO.RTANCIA, DUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPREN.DE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDTA.TAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN P.RE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDI.DA DEL DERECHO A REDIMIR SU HIPOTECA. N i HOMEOWNER'S NAME(S): JOEL E STOKER PROPERTY ADDRESS: 331 S ENOLA DRIVE ENOLA,PA 1.7025 LOAN ACCT. NO.: 001232:3929 ORIGINAL LENDER: First Funding Group, LLC CURRENT.LENDER/SERVICER. Select Portfolio Servicing, Inc. 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)D YS OF THE DATE OF THIS NO'T'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 MO_ RTGAGE DEFAULT", EXPLAINS HOW TO .BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names,addresses and telephone numbers of designated consumer credit counseling agencies for the county in which. the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your morto age is in default for the reasons set: forth later in this Notice (see .following pages for specific in.-formation about the nature of your default). You have the right to apply for financial assistance from the Horneowner's Ernergency 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 POSTMAR K. DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENbER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF .FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND T14ESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE,THE FORECLOSURE WILL BE STOPPED. 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 PETITION IN BANKRUPTCY,THE FOLLOWING PART OFTHIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT, (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance,) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT--The MORTGAGE debt held by the above tender on your property located at: 331 S,ENOLA DRIVE ENOLA, PA 17025 is SERIOUSLY IN,DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: it ".0 % .2011-1 'gg Payment due for 09/01/2012 1,684.89 Total amount due includes Escrow Payments(Taxes/insurance). Your current monthly escrow payment is$9T07 Accrued Late Charges 139.44 Advances made on Customer's behalf 15�00 Escrow advance balance (Deficit) 0100 Total Amount Outstanding 1,839,33 unapplied balance HO'i'4' TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,839.33 ,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: Select Portfolio Servicing, Inc. PO BOX 65450 Salt Lake City,UT 84165-0450 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS; the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the nmortgage 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. .. GHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) .DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due lus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sae and any other costs connected witb the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the .mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SH.ERIF.F S SALE .DATE--1t is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) 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: Select Portfolio Servicing,Inc. Address: P.O. Box 65250 Salt Lake City,UT 84165-0250 Phone Number: (888)818-6032 Fax Number: (801)293-3936 Contact Person: Jennifer Coleman s 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 X may not (CHECK ONE.) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the utstanding 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 DAVE THE MORTGAGE RESTORED TO THE SAME POS.IT.ION 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. r�GC3C�C?i;C�18-^Q�C6CC HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:09/10/2012 05:11 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York.PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PA Interfaith Community:Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg.PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 • ••ts �{i7,J�arn111�1F�71 i'�1 �G�F��r I� E I r -- y }per. f op '!-.:.37 l�i�l9 f.`� 1i.➢i/ €3E FE€9 L• #y. r 4.t' J�-+ a [- n a a t I 1 'ii�t['�F'lt-� A,'i4'i �r1. vr4.#it.. .. O ,ry iA � 5ERVICINGoVine.. Act now to get tyre help you need! July 5, 2012 JOEL STONER Account Number. 0012323929 331 S ENOLA DR Property Address: 331 S ENOLA DRIVE ENOLA, PA 17025 ENOLA,PA 17025 Dear Borrower, There is help available if you are having difficulty making your mortgage loan payments.You may be eligible for the Home Affordable Modification Program, part of the initiative announced by President Obama to help homeowners. As your mortgage loan servicer,we will work with you in an effort to make your mortgage payment affordable. You will not pay any fees to take advantage of this opportunity to modify your mortgage loan payment and keep your home.Now is the time to act,We are ready to help you. Here's how it works: We volt first determine if you are eligible based on your situation. To conduct this evaluation,we need you to submit an Initial Package consisting of a Request for Mortgage Assistance form(including all necessary certifications), an IRS Form 4506T-EZ or Form 4506-T, and documentary evidence of all income. You may obtain the Request for Mortgage Assistance form and the IRS Form 4506T-F2 or Form 4506-T from on our website at www.spservicing.com, Important Notice! If there is a foreclosure sale scheduled for your home, you Wit also have to meet the following requirements: 1) If the Initial Package is received later than thirty(30) calendar days prior to the foreclosure sale date, all documentation must be received by overnight delivery with delivery confirmation no later than seven (7) business days before your scheduled sale date, and 2)All documents sent via overnight mail must be addressed to 3815 S.West Temple, Salt Lake City, UT 84115. If you are unsure if there is a sale scheduled for your home in the next 30 days please contact us immediately at(888)818-6032 for more information. If you are eligible, vve will look at your monthly income and housing costs, including any past due payments, and then determine an affordable mortgage payment. At first, you will make new, affordable monthly payments on your mortgage loan during a trial period. If you make those payments successfully and fulfill all trial period conditions,we will permanently modify your mortgage loan, The modification may involve some or all of the following changes to your mortgage loan: 1)Bringing your account current; 2) Reducing the interest rate on your loan; 3)Extending the term of the loan, and/or 4)delaying your repayment of a portion of the mortgage principal until the end of the loan term. GATHER THE INFO WE NEEDTOHELPYOU To take advantage of this opportunity and the Home Affordable Modification Program, contact us as soon as possible. To help speed the process it will be helpful if you have the following information when you call: • Loan number • Monthly pre-tax income of each borrower • Information about any financial hardship you are suffering If you do not qualify for a loan modification under this program, or do not want to stay in your home or keep your rental property,we will work with you to explore other options available to help you keep your property or ease your transition to a new home, if applicable. ..t.: 3 A..r I ➢ s:i i' i . ".s r.f E F ➢;e. it Sr. 6 .,t:..R OB003vi.0 0012323929 CONTACT US We want to make modifying your mortgage loan as easy as possible. However,you must take the first step by contacting us at(888)818-6032. You may also write to us at P.O.Box 65250,Salt Lake City, Utah 84165-0250 or via overnight mail at 3518 S.West Temple,Salt Lake City, Utah 84115 or via facsimile at(801)293-3936. Be sure to include the information listed above. Sincerely, Select Portfolio Servicing, Inc. 7�, . .......................... MRAID1 v Beware • Foreclosure Rescue Scams..Heig is free! Thereis never 6 fee to get assistance or information about the Making Home.Affordable Progran from Your lender• a HUD-approved housing co unselor. For a HUD-approved counselor http-//www.hud Qov/off!ces/hsg1sfh/hcc/fC/ Beware • any person • wganvaticin that asks you to pay a fee in exchange for housing counseling services.• modification of a delinquent loan.. Esta carta contlene linformacift Importante concerniente a sus derechos.Por favor, hAgala traducir. Nuestros representantes bilingues;estin a su disposici6n para contester cualquier pregunta Ilamando al tel6fono(800)831-0118 y marque la opc16n 2. This communication from a debt collector is an attempt to collect a debt and any information obtained will be used for that purpose. Minnesota—This collection agency is licensed by the Minnesota Department of Commerce New York City—Collection Agency License#1170614 OB003VI.0 00123239219 • Date: November 21, 2012 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 (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 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 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 NOTIFICACIO'N :EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR V.IVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO M.ENC.IONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI:MIR SU HIPOTECA. 0000M380001 840120500 HOMEOWNER'S NAME(S): JOEL E STONER PROPERTY ADDRESS: 331 S ENOLA DRIVE ENOLA,PA 17025 LOAN ACCT. NO.: 0012323929 ORIGINAL LENDER: First Funding Group, LLC CURRENT LENDER/SERVICER: Select portfolio Servicing,Inc. 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 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 agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one 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 abort 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 Ass'completed Homeowner's Emergency I 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 prograrn and they will assist you in. submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the tender 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 TEMPORARILY PREVENTED FROM. STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE,THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency tinder 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 t9me 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 you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT--The MORTGAGE debt held by the above tender on your property located at: 331 S ENOLA DRIVE ENOLA.,PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Iza Payment due for 09/01/2012 $ 1,684.89 Total amount due includes Escrow Payments(Taxes/insurance). Your current monthly escrow payment is$97.07 Accrued Late Charges 139.44 Advances made on Customers behalf 15.00 Escrow advance balance(Deficit) 0.00 Total Amount Outstanding $ 1,839.33 Unapplied balance 0.001 F 3 1 0oc • 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, W1-IICR IS $1,839.33 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE T14IRTY (30) DAY PERIOD. Payi rents must be made either by cash, cashier's check, certified check or money order made payable and sent to: Select Portfolio Servicing,Inc. PO BOX 65450 ' Salt Lake City, UT 84165-0450 IF YOU DO NOT CURE THE DEFAULT--If you do not'cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and.you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon you 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 SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by pAyi :ng he _L_ total amount then past due,12lus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and an other costs connected with the Sberiffs Sale as specifie un wrttin )y the lender and by performing any other requirements under tae 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 SHERIFFS SALEDATE-4t is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) 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 Select Portfolio Servicing,Inc. Address: P.O.Box 65250 Salt Lake City, UT 84165-0250 Phone Number: (888) 818-6032 Fax Number (801)293-3936 Contact Person: Jennifer Coleman e r 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 X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 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. r 000'03038000184040500 r r HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:09/10/2012 05:11 PAS Advantage Credit Counseling Service/CCCS of Western PA Communit}°Action Commission of Capital Region 20(X)Linglestown Road 1514 Derry Street Harrisburg,PA 17102 .Harrisburg,PA 17104 888-511-2227 717-232-9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 7.17-780-3940 800-342-2397 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,,olr 01 eII1Ub,.,1 Jody S Smith Chief Deputy fig, Richard W Stewart Solicitor ov ncii c..;rF.e ss4ERi.,; PNC Bank National Association vs. Case Number Joel E.Stoner 2013-2265 SHERIFFS RETURN OF SERVICE 04130/2013 12:05 PM-Deputy Noah Cline,being duty 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 Joe MIholic,Occupant,who accepted as"Adult Person in Charge"for Occupant at 331 S. Enola Drive,East Pennsboro TownsN9, Enola, PA 17025, NOAH CLINE, DEPUTY 04/30/2013 02:21 PM-Deputy Noah Cline,being duty 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 Sharon Kipp,girlfriend,who accepted as"Adult Person in Charge"for Joel E.Stoner at 7513 WertzvIlle Road,Middlesex Townshnj'2, Carlisle, PA 17015, NOAH CLINE, DEPUTY SHERIFF COST.,$61.73 SO ANSWERS, May 01,2013 RbNW-R ANDERSON,SHERIFF (dIC*"ntVStfiI*Shcnff,TcIcm*ft Inc. #32115CFJ-DN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PNC BANK,NATIONAL ASSOCIATION Plaintiff V• NO. 13-2265 JOEL E. STONER Defendant(s) PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: (XX) Enter judgment in favor of Plaintiff and against: Joel E. Stoner for want of an answer. (X) Assess Damages as Follows Debt $ 64,173.51 Interest from 4/23I13 to June 04,2013 . .� At$10.90 per diem $ 468.70 Total $ 64,642.21 I RTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record,if any, after the default occurred and at least(10) days prior to the date of the filing of this Praecipe. A copy of the Notice is attached. R.C.P. 237.1 r RespectfulIy Submitted, J O C) U-y �� MARTHA E. VON ROSENSTIEL,P.C. '1 UJ= Martha E. Von Rosens ie squire COW Heather Riloff, Esquire Attorneys for Plaintiff This day of A4� ,2013 judgment is entered in favor of the Plaintiff and against Defendant(s), Joel E. Stoner by default for want of an answer and damages assessed at the sum of $64,642.21 as per the above certification. )I ) �) ?* - ,2 ProthrAaJarg,'+Cumberland County EXHIBIT_J MARTHA E.VON ROSENSTIEL,P.C. #32115CTD-MB Martha E.Von Rosenstiel,Esquire./No. 52634 Heather Riloff, Esquire f No.309906 649 South Avenue,Suite 7 Secant,PA 19018 (610)328-2887 Attorneys for Plaintiff; PNC BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS 3$15 South West Temple CUMBERLAND COUNTY Salt Lake City, Utah 841 I5-44I2 Plaintiff JOEL E.STONER V. Case No: 13-2265 331 South Enola Drive Enola, PA 17025 Defendant TO: Joel E. Stoner 331 South Enala Drive Enola, PA 17025 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 Respectfully Submitted, MARTHA E.VON ROSENSTIEL, P.C. BY: Martha E.Von R s sti I,Esquire Heather Riloff, E Dated: 5/21/13 Attorneys for Plaintiff MARTHA E.VON ROSENSTIEL,P.C. #32115CTD -MB Martha E.Von Rosenstiel,Esquire/No.52634 Heather Riloff,Esquirel No.309906 649 South Avenue,Suite 7 Secane,PA 19018 (610)328-2887 Attorneys for Plaintiff PNC BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS 3815 South West Temple CUMBERLAND COUNTY Salt Lake City, Utah 84115-4412 Plaintiff V. Case No: 13-2265 JOEL E. STONER 331 South Enola Drive Enola,PA 17025 Defendant TO: Joel E.Stoner 7513 Wermville Road Carlisle,PA 17015 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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 F EE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 $00-990-9108 Respectfully Submitted, MARTHA E.VON ROSENSTIEL,P.C. BY:__ Martha E.Von: Esquire Heather Riloff,WE Attorneys for Plaintiff Dated: 5/21113 #32115CFJ-DN MARTHA E,VON ROSENSTIEL,P.C. Martha E. Von Rosenstiel,Esquire/No. 52634'. Heather Riloff, Esquire 1 No. 309906 649 South Avenue, Suite 7 Secane, PA 19418 (610)328-2887. Attorneys for Plaintiff. PNC BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY vs. JOEL E. STONER No: 13-2265 Defendant(S) NON MILITARY AFFIDAVIT Martha E.Von Rosenstiel,P.C.by the undersigned hereby certifies that: I. I am the attorney for the plaintiff herein. 2. The individual involved in this action is the owner of the premises described in the mortgage underlying this action. 3. The procedures of the Law Office of Martha E.Von Rosenstiel,P.C.are designed to discover facts concerning the military status of the mortgagor(s)and/or real owner(s). 4. Said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense,has confirmed that the defendant(s)is./are not in the military. 6. On information and belief,named mortgagor(s)and real owner(s)is/are not incompetent nor a service member in military service as defined by the Servicemembers Civil Relief Act,50 U.S.C. Appx. Section 501 et seq. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E.VON ROSENSTIEL,P.C. BY - - Martha E.Von Ro ° iel Esquire Heather Riloff, Esqui Attorneys for Plaintiff Dated:June 04,2013 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, I Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary Joel E. Stoner 331 South Enola Drive Enola, PA 17025 PNC BANK, NATIONAL ASSOCIATION : COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY vs. JOEL E. STONER DEFENDANT(S) NO: 13-2265 Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $64,642.21 on June 04,2013. David D. Buell Prothonotary t I Judgment by Default Money Judgment F-1 Judgment in Replevin F-1 Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Martha E.Von Rosenstiel,P.C. at this telephone number:610-328-288 1 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary Joel E. Stoner 7513 Wertzville Road Carlisle, PA 17015 PNC BANK,NATIONAL ASSOCIATION : COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY v5. JOEL E. STONER DEFENDANT(S) : NO: 13-2265 Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below in the amount of $64,642.21 on June 04,2013. David D. Buell Prothonotary Fx-�' Judgment by Default ® Money Judgment Judgment in Replevin ❑ Judgment for Possession oJudgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Martha E.Von Rosenstiei,P.C. at this telephone number:610-328-2887. MARTHA E. VON ROSENSTIEL, P.C. Heather Riloff, Esquire/I.D. No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff PNC BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS 3815 South West Temple CUMBERLAND COUNTY Salt Lake City, Utah 84115-4412 Plaintiff vs. No. 13-2265 JOEL E. STONER 331 South Enola Drive Enola, PA 17025 Defendant CERTIFICATION OF SERVICE Heather Riloff, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program and to Confirm the Default Judgment and Writ of Execution Entered on June 7, 2013, attached exhibits, Notice of Presentment and proposed order in the above matter was made upon the Defendants: JOEL E. STONER 7513 Wertzville Road Carlisle, PA 17015 by regular first class mail, postage prepaid,-deposited with the United States Postal Service on R a-4 ( . This verification is made subject to the penalties of 18 Pa.C.S. §4904 rela ni g o unsworn falsification to authorities. BY: C:" Heather Riloff, s it Attorney for Plaintif Dated: 8 12 3/12 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS 3815 South West Temple CUMBERLAND COUNTY Salt Lake City, Utah 84115-4412 Plaintiff C= e Ti �:r CA.) VS. rn No. 13-2265 JOEL E. STONER 331 South Enola Drive :zc:w Tc� > Enola, PA 17025 Defendant CO ORDER OF COURT AND NOW, this Z day of A-juj il 5 2013, upon consideration of Plaintiffs Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program and to Confirm the Default Judgment and Writ of Execution Entered on June 7, 2013 and the Defendants having failed to comply with the requirements of the Cumberland County Administrative Order dated February 28, 2012, it is hereby ORDERED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program. The temporary stay on this matter is terminated. It is hereby further ORDERED that the Default Judgment entered against the Defendant and in favor of the Plaintiff on June 7, 2013 and the Writ of Execution entered on June 7, 2013 are hereby confirmed. BY THE COURT: 02.6 F 14 J. J . 4a/2//3 ty] SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smithk�ytr of 4�trtaGrr4-74 Chief Deputy 4, Richard W Stewart Solicitor OFPCE OF THE S-,ERWF PNC Bank National Association vs. Case Number Joel E. Stoner 2013-2265 SHERIFF'S RETURN OF SERVICE 09/27/2013 06:30 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 331 S. Enola Drive, East Pennsboro Township, Enola, PA 17025, Cumberland County. 12/04/2013 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, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of PNC Bank, National Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $901.95 SO ANSWERS, January 10, 2014 RbNW R ANDERSON, SHERIFF (c)Coun;ySuite Sheriff Tele osoR,In-. On August 23, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 331 South Enola Drive, Enola, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 23, 2013 r By: eal Estate Coordinator y LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013-2265 Civil Term PNC BANK NATIONAL ASSOCIATION VS. JOEL E. STONER Atty.:Martha E.Von Rosenstiel ALL THAT CERTAIN lot or piece of land situate on the West side of State Road, (now known as Enola Drive), East Pennsboro Township,Cumber- land County,Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point 25 feet southerly from the Southwest cor- ner of State Road and Cumberland Street;thence Southwardly along the West side of State Road 25 feet,more or less,to a point,the Northern line of lot now or formerly of Harry Forten- baugh, being Lot No. 29, thence alongthe Northern line of said Lot No.29,Westwardly 155 feet,more or less, to a public alley, thence along the Eastern line of said public alley, Northwardly 25 feet,more or less,to a point,the dividing line between Lot Nos. 30 and 31; thence Eastwardly along the Southern line of Lot No. 31 and through the center of this and the adjoining property 140 feet, more or less, to the Eastern side of State Road,the place of BEGINNING. BEING the southern half of Lot No. 30 on Plan of Lots of John Q. Adams and Joseph Pyne and BEING known as 331 So.Enola Drive. PARCEL IDENTIFICATION NO: 09-16-1050-009, CONTROL #: 09004011. IMPROVEMENTS: Residential dwelling. TITLE TO SAID PREMISES IS VESTED IN Joel E. Stoner, by Deed from Joel E. Stoner and Patricia R. Stoner,his wife,dated 11/04/1999, recorded 11/10/1999 in Book 211, Page 311. 118 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: October 11, October 18 and October 25, 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. r—)isa Marie Coyne, Ed for SWORN TO AND SUBSCRIBED before me this Cda of October 2013 Notary NO i .R'AL SEAL DEBOIRAH A COLLINS Notary Pubic CARLISLE 60ROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. ♦22020 Technology Pkwy t4e atr1otAoXews Suite 300 Mechanicsburg, PA 17050 NOW you know Inquiries - 717-255-8213 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since,- That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION CQPY This ad ran on the date(s)shown below: 10/13/13 r 10/20/13 10/27/13 . . . . . . . . . .. . . . . . . . . . . . . . Swor d subscribed befora-11 ay of November, 2013 A.D. ublic H OF PENNSYLVANIA • Lolly L y r Public T},.,Dmhi cunty Ci h? p Explsc�s®er.12,2016 MEMBER,PENNSYLVANIA"tULIKI I+311 OF NOTARIES 29134M PNC DAM(MA WW& ASSOCIATION -Z VS. JOEL 6 STONIIII Atty: Ma�rlha E Vee III-- ALL THAT CEMIN lot or piece of land situate on the West side of State Road, (now known as Ennis,Drive),East Pennsboro.Township,Cumberland County, permsylvama, bounded and described as follows,to wit: BEGINNING at a point 25 feet southerly from the Southwest corner:of State Road and Cumberland Street;thence Southwardly along the West side of State Road 25 feet, more or less,to a point,the Northern line of lot now or formerly of Harry Fortenbaugh, being Lot No.29,thence along the Northern line of said Lot No. 29, Westwardly 155 feet,more or less,to a public alley,thence along the.Eastern line of said public alley, Northwardly 25 feet,more or less,to a point, the dividing lime between Lot Nos.30 and 31; thence Eastwardly along the Southern line of Lot No.31 and the center of this and the adjoining prope�i40 feet;more or less, to the Eastern We of State Road,the place of BEGINNING. BEING the southern half of Lot No.30 on Plan of Lots of John 0.Adams and Joseph Pyne and BEING known as 331 So.Enola Drive. k pARCEL IDENTIFICATION NO: 09-16 1050409,CONTROL#t:09004011 MROVEMENfS:Residential dwelling TITLE TO SAID PREMISES IS VESTED L IN Joel E.Stow,by Deed from Joel E. i Stoner and Patricia R.Stom,his wife,dated 1110411999,recorded 11/10iM in Hark 211, Page 311. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which PNC Bank,National Association is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 7th day of June, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 2265, at the suit of PNC Bank,National Association against Joel E. Stoner is duly recorded as Instrument Number 201401154. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this )5- day of JGn A.D. 30/ Ac'o(J/V Recorder of Dee s Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires ft first Monday of Jan.20/8