Loading...
HomeMy WebLinkAbout13-4127 Supreme Cou_rto Peinisylva nia CC)liis of o mon Pleas S �'` f I�i�d �+ E'Ir SIR.eI Jar P:orJiaraatat7' Z ?se Only: ` n1 , 41 • ' 1 Doc ;et Cumberland Co u nty - } -�i�� The information collected on this form is used solely for court administration purposes. This form does not Supplement or replace the filing and service o leadin s or other papers as re aired bylaw or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from another Jurisdiction ❑ Declaration of Takin E Lead Plaintiff Name: Lead Defendant's Name: PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR NICHOLE D. SIMMONS C IN INTEREST TO NATIONAL CITY REAL ESTATE T SERVICES LLC SUCCESSOR BY MERGER TO I Dollar Amount Requested within arbitration limits O Are money Damages requested ?: ❑ Yes ® No (Check one) X outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® NO Is this an MDJ Appeal? ❑ Yes NO A Name of Plaintifflappellant's Attorney: KML Law Group, P.C. ❑ Check here if you are a Self-Represented (Pro Se Litigant Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEAL ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Zoning Board ❑ Product Liability (does not include ❑ Employment dispute: ❑ Statutory Appeal: Other E mass tort) Discrimination C ❑ Slander/Libel Defamation ❑Other ❑Employment Dispute: Other T ❑ Other: I Q MASS TORT ❑ Other ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory ❑ Toxic Waste ❑ Eminent Domain/Condemnation Arbitration $ ❑ Other ❑ Ground Rent ❑ Declaratory Judgment ❑ Landlord/Tenant Dispute ❑ Mandamus Mortgage Foreclosure: Residential ❑ Non - Domestic Relations PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial Restraining Order • Dental ❑ Partition ❑ Quo Warranto • Legal ❑ Quiet title ❑ Replevin • Medical • Other Professional: ❑ Other ❑ Other Pa.RC.P. 205.5 Updated 1/1/2011 KML LAW GROUP, P.C. _ ' "' f G k SUITE 5000 - BNY MELLON INDEPENDENCE CENTER "{ ' ' ' 1 ;� V (i ` 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413 -2311 w + f r r COURT OF COMM PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR � =� �(�5��.�J� � IN INTEREST TO NATIONAL CITY REAL ESTATE ON PLEAS SERVICES, LLC, SUCCESSOR BY MERGER TO OF Cumberland COUNTY NATIONAL CITY MORTGAGE CO., FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO., CIVIL ACTION - LAW DOING BUSINESS AS ACCUBANC MORTGAGE PO Box 1820 ACTION OF MORTGAGE FORECLOSURE Dayton, OH 45401 -1820 l 3� 6`� Plaints I q1,07 vs. .a d AC1101: MOF. GAM NICHOLE D. SR"ONS FO RECLOSM Mortgagor(s) and Record Owner(s) 125 Herman Avenue Lemoyne, PA 17043 Defendant(s) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717 - 243 -9400 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioned de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. �� 0 t�4 S IDE, 7��wa/ ,ems ?0 2 LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717- 243 -9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243 -9400. 2). Call the Consumer Credit Counseling Agency at 1- 800 - 989 -2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http:// www. phfa. orc /consumers/homeowners /real.gWx 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http: / /www.philadelphiafed.org /foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1- 866 - 413 -2311 or via email at homeretentiongkmllawgroup.com Call Seth at 215- 825 -6329 or fax 215- 825 -6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825 -6318 or Fax: 215- 825 -6418. Please reference our Attorney File Number of 12255417C. Para informacion en espanol puede communicarse con Loretta al 215- 825 -6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES, LLC, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO., FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO., DOING BUSINESS AS ACCUBANC MORTGAGE, PO Box 1820, Dayton, OH 45401 -1820. 2. The name(s) and address(es) of the Defendant(s) is /are NICHOLE D. SIMMONS, 125 Herman Avenue, Lemoyne, PA 17043, who is /are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. 3. On November 22, 2004 mortgagor(s) made, executed and delivered a mortgage upon the Property hereinafter described to NATIONAL CITY MORTGAGE CO., DBA ACCUBANC MORTGAGE, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on November 24, 2004 as Book 1889, Page 293. The Mortgage and Assignment(s) (if any) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ( "Property "). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for February 01, 2013 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage as of 07/10/2013: Principal Balance ................................ ............................... .....................$75,893.35 Interest from 01/01/2013 to 07/10/2013 at 3.1250 % .......... ......................$1,244.32 Per Diem interest rate at $6.50 LateCharges .......................................... ............................... .........................$79.80 Escrow................................................... ............................... ........................$279.30 ProRata PMI ......................................... ............................... ........................$117.94 UnpaidFees ........................................... ............................... .........................$30.00 InspectionCosts ..................................... ............................... .........................$12.00 AppraisalCosts ..................................... ............................... ........... .............$110.00 $77,766.71 7. Plaintiff is not seeking a judgment of personal liability (or an " personam 'judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re- establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit `B ". The Defendants have not had the required face -to -face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $77,766.71, together with interest at the rate of $6.50, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law, including but not limited to attorney fees and costs, until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: KML LAW GROUY, P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gomall Pa. ID 92382 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff VERIFICATION I, , as a 6 f41 ; WA , of PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff, and the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: J O� Q)' - J Lamxl PNC MORTGAGE, DIVI ION OF PNC BANK, NATIONAL ASSOCIATION NAME: Shan Lynch TITLE: Authorized Signer #122554FC - NICHOLE D. SIMMONS 125 Herman Avenue Lemoyne, PA 17043 Ey,hibitA SCHEDULE A ALL THAT CERTAIN lot of ground situate in Lemoyne Borough, Cumberland County, Pennsylvania, bounded and described according to survey by Michael C. D'Angelo, Registered Surveyor, by survey dated. May 5, 1977, as follows: $BGINNING at a point on the northern line of Herman Avenue (80 feet vide) at the dividing line between properties Nos. 121 and 125 Herman Avenue which said beginning point is located 180.00 feet measured southwestwardly along the northern line of Hewn Avenue from the western line of First Street; thence from said beginning point by the northern line of Herman Avenue South 54 degrees 00 minutes West 17.50 fact to a nail; thence by the dividing line between properties Nos. 125 and 127 Herman Avenue and through the center line of the partition wall between the double dwelling houses located on the lot herein conveyed and the lot adjoining on the west, North 36 degrees 00 minutes West 150.00 feet to a pin; thence by the southern line of Peach Alley (15 feet wide) North 54 degrees 00 minutes East 17.50 feet to a pin; thence by the dividing line between properties Nos. 121 and 125 Herman Avenue South 35 degrees 00 minutes East 150.00 feet to the place of BEGI -MING. BEING improved with the eastern one --half of a two and one -half story double dwelling house being known and numbered as 125 Herman Avenue, Lemoyne, Pennsylvania. BEING Lot No. 1 as shown on the Final Subdivision Plan of Lot No. 39, Section B, Plan No. 1 of Riverton as recorded in Cumberland County Deed Book 4 -J, page 40, said Subdivision Plan for Olive G. Lambert being dated May 5, 1977 and recorded in Plan Book 31, page 44 Cumberland County records. I Certify this to be recorded In Cumbe'land County PA ' Recorder of Deeds .. Ey,hibit *Exhibit has been redacted to remove all personally identifiable information or non-public information V PNC Attention: Collection Department MORTGAGE" (a6- YM07 -01 -5) 3232 Newmark Drive Miamisburg, OH 45342 - 972 7196 9008 8111 8682 -� NICHOLE D SIMMONS 125 HERMAN AVE LEYMOYNT, PA 17043 Please find enclosed the ACT 91 NOTICE for Loan Number: 413 This is an attempt to collect a debt. Any information obtained will be used for that purpose. However, if you have received a discharge in bankruptcy affecting our right to collect your loan as a personal obligation, and if the loan was not reaffirmed in the bankruptcy case, PNC Mortgage, a division of PNC Bank, National Association will only exercise its rights against the property itself, and is not attempting to collect the discharged debt from you personally. i DR672 A Division of PNC Bank, National Association T1 937- 910 -1200 T2 800- 822 -5626 3232 Newmark Dr Miamisburq OH 45342 P.O. Box 1820 Dayton OH 45401 -1820 Date: 3/13/2013 ACT 91 N 1.1)" 111 1 C E TAKE ACTION TO SA VE YOUR HONE 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 NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N - OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDBUR SU HIPOTECA. I i HOMEOWNER'S NAME(S): NICHOLE D SDdMONS PROPERTY ADDRESS: 125 HERMAN AVE LEYMOYNE, PA 17043 LOAN ACCT. NO.: _3413 ORIGINAL LENDER: N/A CURRENT LENDER/SERVICER: PNC Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN'SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: o IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, o 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. i 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, YO.0 MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES —If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face*to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE 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: 125 HERMAN AVE LEYMOYNE, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: From 2/1/2013 through 3/1/2013 at $612.94 per month Monthly Payments Accrued: $1,225.88 ; Late Charges Accrued: $19.95 Non - Sufficient Funds: $0.00 Fax Fees: $0.00 Property Inspections: $0.00 Speedpay Fees: $0.00 TOTAL AMOUNT PAST DUE: $1,245.83 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 $1,245.83, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order,made payable and sent to PNC Mortgage, A Division of PNC Bank, NA Attention: Collections Center 3232 Newmark Drive Miamisburg, 01145342 i 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 an time to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - -It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 9 to 10 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Mortgage Address: 3232 Newmark Drive Miamisburg, OH 45342 Phone Number: (800) 523 -8654 Fax Number: (855) 288 -3974 Contact Person: Collections Center E -Mail Address: LossMitigation @pncmortgage.com EFFECT OF SHERIFF'S SALE - -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the 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. i i I YOU MAY ALSO HAVE THE RIGHT: o TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW j MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. o 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, i ' v TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. a TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY i i I I r° HEMAP Consumer Credit Counseling Agencies Cumberland County Advantage Credit Counseling PHFA Service/CCCS of Western PA 211 North Front Street 2000 Linglestown Road Harrisburg, PA 17110 Harrisburg, PA 17102 717- 780 -3940 800 - 342 -2397 888 -511 -2227 Community Action Commission of Advantage Credit Counseling Capital Region Service /CCCS of Western PA 1514 Derry Street 2000 Linglestown Road Harrisburg, PA 17104 Harrisburg, PA 17102 717- 232 -9757 888 -511 -2227 Housing Alliance of York/Y Housing Community Action Commission of Resources Capital Region 290 West Market Street 1514 Deny Street York, PA 17401 Harrisburg, PA 17104 717- 855 -2752 717 - 232 -9757 Maranatha Housing Alliance of York/Y Housing 43 Philadelphia Avenue Resources Waynesboro, PA 17268 290 West Market Street 717- 762 -3285 York, PA 17401 - 717 - 855 -2752 PA Interfaith Community Programs Inc Maranatha 40 E High Street 43 Philadelphia Avenue Gettysburg, PA 17325 Waynesboro, PA 17268 717 - 334 -1518 717- 762 -3285 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - t PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR IN q INTEREST TO NATIONAL CITY REAL ESTATE SERVICES, LLC, SUCCESSOR BY MERGER TO Case No. NATIONAL CITY MORTGAGE CO., FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO., DOING BUSINESS z 6 i AS ACCUBANC MORTGAGE V� . Plaintiff vs. NICHOLE D. SIMMONS Defendant(s) NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that 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 within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. �Respectfully submitted: (SignatYre of Counsel for Plaintiff) Date�� 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 aircurnstances to detertnine. possible options while working with your .Please provide the following information to the best of your knowledge: - Borrower names ): Property Address; City: St8t2: Zip: Is the property for sale? Yes -E] No ❑ Listing date: Prim: $ Realtor Name: _ Realtor Phone: Borrower Occupied? 'Yes Ej No o Mailing Address (if different): _ City: State: Zip: Phone Numbers: Home: Office: Celt: Other: Email: # of people in household: How long? Mailing Address; City: Stage: Zip: Phone Numbers: Home: O ffice: Cell: Other: Email: # of people in household; How long? First Mortgage fender: Type of Loan: Loan Number: Date You Closed Your Loan; Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount $� Included Taxes & Insurance: Date of Last Payment- Primary Reason for Default: Is the loan in Bankruptcy? 'Yes No If yes, provide names, location of coiirt, case number & attorney: Assets Amount Owed: Value: Home: $ _ Other Real Estate: $ Retirement Funds: Investments, $ Checking: S Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value Automobile #2 : Model: Year; Amount owed: _ Value: Other tratzsportation. (automobiles, boats. motorcycles); Model. Year Amount owed. Value 1`1 onth[ y Income Name of Employers: 1, 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: __. Co- Borrower Pay Days: Monthly Extaensest {Please only include expenses you are currently Paying) EXPENSE AA40UN EXPENSE AMOUNT Mortgage Food 2` Mortgage Utilities car Pa ens Condo/Neigh. pees Auto Insurance Med. not covered Auto fuel/repairs Other prop. pMment In"]. loan Payment Cable TV Child Su rt/Alim. Spending Motle Day/Child Cate Tuft. Other Expenses Amount Available for Monthly Mortgage Payments used on lncor€te & Expenses: Have you been working with a Housing Counseling Agency? Yes d No D if yes, please provide the following information: Coumclirg Agency: Counselor: Phor€e.(Offce): Fax: l:.mai3; Have you made application for Homeowners Emergency Mortgage Assistance Program . (HEMAP) assistance? Yes 0 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? Yes E] NoQ If yes, please indicate the status of those negotiations: 'lease provide the following information, if know, regarding your lender or leader's loan servicing company: Lender's Contact (Narne ): Phone: Servicing Company (Name): Contact: Phone: I e, , authorize the alcove narned to usetrefer this information to my lenderfscrvicer 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 .. _..... ... Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Y proof of income �V Past 2 bank statements Proof of any expected income for the last 45 days Y Copy of a current utility bill Letter explamniug reason for delinquency arnd any supporting documentation (hardship letter) Listing agreement {if property is currently on the mark et) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 5x%v of ir-a[ari. r,�� t,r THE #� I C iUi��J Jody S Smith t , 1 Chief Deputy 2 1 a AUG — ( AFB 1G: 3 Richard W Stewart r Solicitor CUMB`R'LAW) CL?U[41-,Y, PENNSYLVANIA PNC Bank National Association Case Number vs. Nichole D. Simmons 2013-4127 SHERIFF'S RETURN OF SERVICE 07/22/2013 08:06 PM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Nichole D. Simmons, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found" at 125 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043. Residence is vacant and per the Lemoyne Postmaster defendant moved and left a fowarding address of 208 Ramsay Place, Apt. B, New Cumberland, PA 17070 which is located in York County. SHERIFF COST: $46.08 SO ANSWERS, x 22�1 July 30, 2013 RbNt4Y�. R ANDERSON, SHERIFF r � (c)CountySuite Sheriff.Telnosoit,Inc t KML Law Group, P.C. SUITE 5000—BNY INDEPENDENCE CENTER IN THE COURT OF COMMON PLEAS 701 MARKET STREET OF Cumberland COUNTY PHILADELPHIA,PA 19106-1532 (215)627-1322 CIVIL ACTION-LAW ATTORNEY FOR PLAINTIFF PNC BANK,NATIONAL ASSOCIATION, ACTION OF MORTGAGE SUCCESSOR IN INTEREST TO NATIONAL CITY FORECLOSURE REAL ESTATE SERVICES,LLC, SUCCESSOR BY Term MERGER TO NATIONAL CITY MORTGAGE CO., No. 13-4127 FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC MORTGAGE PO Box 1820 Dayton,OH 45401-1820 Plaintiff rr1w Q0 0 C) VS. NICHOLE D. SIMMONS 125 Herman Avenue Lemoyne,PA 17043 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. By: �'/ KML LAW GROUP,P.C. Michael McKeever Pa.ID 56129 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa.ID 27615 Jay E.Kivitz Pa. ID 26769 Jill P.Jenkins Pa. ID 306588 oshua 1. Goldman Pa. 205047 / � !!!�_Alyk L. Oflazian Pa. ID 312912 Attorneys for Plaintiff ill.15 p13 AT7-,1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,, ; Sheriff a i,00V cat t"srtra[r �lr r o� i R i 4 i l;' i 1 F 1 t� Jody S Smith t; ` OCT -4 h' ! Chief Deputy (� '� Richard W Stewart Solicitor � [t .� i(,EYE PPMY *tISYLVANIM, U :ts 't,e PNC Bank National Association Case Number vs. 2013-4127 Nichole D. Simmons SHERIFF'S RETURN OF SERVICE 09/05/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Nichole D. Simmons, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Civil Writ according to law. 09/25/2013 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of York County, the within named Defendant Nichole D. Simmons, not found. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. "Per Darnece Simmons, defendant's Mother, Nichole D. Simmons is deceased as of January 12, 2013.** SHERIFF COST: $37.00 SO ANSWERS, 4� X. � z w October 01, 2013 RbNW R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy,Administration PNC BANK, NATIONAL ASSOCIATION Case Number vs. NICHOLE D. SIMMONS 13 4127 SHERIFF'S RETURN OF SERVICE 09/25/2013 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: NICHOLE D. SIMMONS, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF)AS "NOT FOUND"AT 208 RAMSAY PLACE, APT. B, NEW CUMBERLAND, PA 17070. PER DARNECE SIMMONS DEFTS. MOTHER, NICHOLE D. SIMMONS IS DECEASED AS OF JANUARY 12, 2013. SHERIFF COST: $41.60 S RS, September 25, 2013 RICH MD P KE L BE HE FF CUM MUW%Nl -F R INN5YI VAN A Notarial$oel Shelia Et.Cook,Notary Public City of York,York County My Commission E x ir"Fob.1,1017 MEMBER,PENNSYLVANIA ASSOCIATI©N OF NOTARIES - ------------------------------------------------------------------- ----------------------------------------------------------------------- NOTARY Affirmed and subscribed to before me this 25TH day of SEPTEMBER 2013 CountySij-,!E?Shen Teleosoft.In,. i.., /(ML Law Group,P.C. .; Suite 5000-BNY Independence Center 701 Market Street 2113 OCT 17 All 10: 57 Philadelphia,PA 19106-1532 J 1 ,, ATTORNEY FOR PLAINTIFF COUNT 215-627-1322 PENNSYLVANIA PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL IN THE COURT OF COMMON CITY REAL ESTATE SERVICES, LLC, PLEAS OF SUCCESSOR BY MERGER TO NATIONAL Cumberland COUNTY CITY MORTGAGE CO., FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING CIVIL ACTION - LAW BUSINESS AS ACCUBANC MORTGAGE Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. Term NICHOLE D. SIMMONS No. 13-4127 Mortgagor(s) and Record Owner(s) 125 Herman Avenue Lemoyne, PA 17043 Defendant(s) SUGGESTION OF DEATH TO THE PROTHONOTARY: It is respectfully suggested that Defendant Nichole D. Simmons is deceased,having departed this life on January 12th 2013. By: A-7 y KML LAW GROUP,P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 /Jill P. Jenkins Pa. ID 306588 Alyk Oflazian Pa. ID 312912 Attorneys for Plaintiff r f KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 ATTORNEY FOR PLAINTIFF 215-627-1322 PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE IN THE COURT OF COMMON PLEAS SERVICES, LLC, SUCCESSOR BY OF MERGER TO NATIONAL CITY Cumberland COUNTY MORTGAGE CO., FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO., CIVIL ACTION - LAW DOING BUSINESS AS ACCUBANC MORTGAGE ACTION OF MORTGAGE Plaintiff FORECLOSURE vs. Term No. 13-4127 NICHOLE D. SIMMONS Mortgagor(s) and Record Owner(s) 125 Herman Avenue Lemoyne, PA 17043 Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Suggestion of Death was sent by first class mail, postage pre-paid, upon the following on the date listed below: VANESSA. SIMMONS 125 Hetman Avenue Lemoyne, PA 17043 KML LAW GROUP,P.C. /I/ t1 Date: ' ' r3 By: KML LAW GROUP,P.C. Nick Barone Telephone: (215)627-1322 KA/IL Law Group, P.C. 20I;O—C r;c' SUITE 5000—BNY INDEPENDENCE CENTER ; , ; CiltRL PHILADELPHIA,PE IA,PA STREET 19106-1532 7 (215)825-6365 � � ATTORNEY FOR PLAINTIFF P i UN I y PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL IN THE COURT OF COMMON PLEAS CITY REAL ESTATE SERVICES,LLC, OF Cumberland COUNTY SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO.,FORMERLY KNOWN CIVIL ACTION-LAW AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC MORTGAGE ACTION OF MORTGAGE PO Box 1820 FORECLOSURE Dayton, OH 45401-1820 Plaintiff Term No. 13-4127 vs. NICHOLE D. SIMMONS (Mortgagor and Record Owner) 125 Herman Avenue Lemoyne, PA 17043 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT AND ADD DEFENDANT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure and add to the docket Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased, as Defendant pursuant to Pa.R.C.P. 401(b)(2). Respectfully submitted, By: KML LA GROUP,P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay E.Kivitz Pa. ID 26769 All P.Jenkins Pa. ID 306588 ./ Alyk L. Oflazian Pa.ID 312912 Attorneys for Plaintiff A g I 1 S1 CL tiV K/41. 7Si) 3 P7 j2#-0)q .)ouo SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smiths �t t�srarr& ,? Chief Deputy .' ET r u Richard W Stewart y Solicitor OP Vr> � PNC Bank National Association vs. Case Number Nichole D. Simmons (et al.) 2013 4127 SHERIFF'S RETURN OF SERVICE 10/18/2013 07:25 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 125 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043. Deputies were informed by neighbors that a female that resided at this address is deceased and there has not been anyone living at this address for four to five months. SHERIFF COST: $51.08 SO ANSWERS, °�- li'�. October 21, 2013 RONNK R ANDERSON, SHERIFF ei osof1 K1VIL Law Group,P.C. Suite 5000-BNY Independence Center r 701 Market Street " F .j Philadelphia,PA 19106-1532 215-627-1322 CO U TY Attorney for Plaintiff r to tl J A PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY IN THE COURT OF COMMON PLEAS REAL ESTATE SERVICES,LLC, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE OF Cumberland COUNTY CO.,FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC MORTGAGE PO Box 1820 No. 13-4127 Dayton, OH 45401-1820 vs. Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased 125 Herman Avenue Lemoyne,PA 17043 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P.430(a) Plaintiff,by and through its attorney, in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a mortgage upon the premises 125 Herman Avenue,Lemoyne, PA, 17043,hereinafter,the "mortgaged premises". 2. Defendant,Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased, is the real owner of the mortgaged premises. 3. Pursuant to Cumberland County Local Rule 208.3(a)(2)and/or Rule 208.3(a)(9), I hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the Defendant has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendant to request her concurrence. 4. The last known address of Defendant,Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased, is 125 Herman Avenue,Lemoyne,PA 17043 from our investigative search. 5. The Sheriff has been unable to effect service of the Complaint upon Defendant,Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased. Service was attempted at the mortgaged premises, 125 Herman Avenue,Lemoyne, PA 17043. Per return of service,the property has been unoccupied for four to five months according to neighbors. 6. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant,Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased. WHEREFORE,Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant,Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased, by posting the premises and certified and regular mail to the property address. By: 6 KML LAW GROUP,P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 �Aill P.Jenkins Pa. ID 306588 lyk Oflazian Pa. ID 312912 Attorneys for Plaintiff Affidavit of Good Faith Investigation At the request of the law firm identified below I initiated an investigation into the whereabouts of the defendant identified as the subject below. The following is true and accurate representation of my investigation. Client provided information: File Number: 122554FC Attorney/Law Firm:KML LAW GROUP, P.0 Subject Name: Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased Property Address:Street: 125 Herman Avenue City:Lemoyne State:PA Zip: 17043 Skip Results:Date of Birth:s ProVest File Number:3795612 Last Known Address(as of 10/23/2013)Street: 125 Herman Ave City: Lemoyne State: PA Zip: 17043 1936 Death Record Search 'As of 10/23/2013,the Social Security Administration has no death record on file for Vanessa Simmons. Social Security Number [X]Vented[]Not Verified SSN# Employment Search During a search for employment of our defendant no employment information was provided prior to the investigation or found during the Investigation. Business Records Search No business records found. Creditor Header Inquiry The latest address from the credit header info is: Address: 125 HERMAN AVE, LEMOYNE, PA 17043 1936 Department of Motor Unable to obtain Motor Vehicle Records in the State of Pennsylvania. Vehide Records Search* Drivers License Information Search No records found. []Govemmental'*+ []Non-govemmental Professional Licenses Search No records found. Freedom Of Information Act Inquiry The following addresses were sent to the United States Postal Made to U.S. Postal Service inspector at the zip code listed with no return information to date: PO BOX 44 1 ETTERS IPA 1 17319 0044 1 YORK 125 HERMAN AVENUE ( LEMOYNE 1 PA 1 17043!CUMBERLAND COUNTY Military Search Not on Active Duty; Did not leave Active Duty within the past 367 days; Has not been notified of a future call up to Active Duty Inquiry of Relatives, 717-763-1272: Called possible neighbor,Jeremy Lathrop,number has Neighbors,&Friends been disconnected. Comments: 646-467-3552(Mobile):Called number listed to defendant,Vanessa Simmons, generic answering machine answered, no message left. 646-467-6552:Called number listed to defendant, Vanessa Simmons, number has been disconnected. •Data not available in AL,AR,CA,HI,NH,OR,PA,VA,WA.'"Historical data in CO,DE,ID,IL,KY,LA,MD,MA,MS,MO,NH,ND, SC,WV. +Data available in CO,CT,DE,FL,ID,IL,KY,LA,ME,MD,MA,MI,MN,MS,MO,NH,ND,OH,SC,TN,TX,WV,WI,WY. The foregoing statement is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Under penalties of perjury,I declare that I have read the foregoing affidavit and that the facts stated in it are true. • / ,�,�n- 1 ' .,, n ,_ J STATE OF FLORIDA y-�.A 1�AJ1/1J4-1 f7� COUNTY OF HILLSBOROUGH OCT 2 3 2013 j3ianna Hemandez ProVest File Number:t0612 Sworn to or affirmed and signed before me on this day of Provest Services LLC (Seal) Date: IQ,2,Z` ZG JOSHUA N.PIMENTEL Notary Public,State of Florida Signature o '• ^•is My Comm.Expires May 24,2015 IA\\1 No.EE 97050 Printed Name of Notary Public Personally Known ( )Produced as identification PETITION FOR GRAt OF ETTERS REGISTER OP%MLS OP itta'' &f 4 COUNTY,PENNSYLVANIA Petitioner(s) named below,.who is/are 18 years of age..or older,.app y(es) far Letters as.specified below,and in support thereof aver(s)the following and resper,:tfltlly sequest(s)the grant of Letters in the appropriate fain: • Named is I t[tatiort L 6 Name: Ile No: mod` (Assigned lie later a/Wa: a/k/it: aeial Security No: Dale of Death: % ffiliggfril ge at death: Decedent wits domiciled at,.: • in 1e 1111 I.ll• County, i i [score)with hi. .., last principal residence at ,. 111 Fi11 :;► -11 / •W! f1.' i •1;,,:Aid► ;• t Street eadreee,Peet Mks wad Zip Cede elty,T" ,,w Swoops t Decadent died at *atilt, 1. '11 . P . ►_1�larA 1 9, `: ' tit Street whims;Pest Mk-sand Zip ecd& Ott.Tonnah. or$ureeth County State Estimate of Value of decoderd's property at depth_ bfdattri llad iN Palrit.viv hriaa All perroust ir •.. 3 i,50 ffnor daeictled be Pm ethwre a_.. Personal p mpenry in 'Remy/voila x !f nor domiciled hr Pereisv wnla. Personal property In a. qtr S Value ofrvul mare isPtmntp(vaarla. $ TOTAL I TED V s !ll Tad∎ Real serrate is Peetnytvanissituated a i 0./..W//t t i ' i /g.I.', L ,i r f. r,j!t I 0\ (Attach aadklcmtArm,it nrasrtu y.) Shut'Mao,Pon Oaks and Zip Cede Oty,Tronstilp or Boreegh tensity Xik. Petition for Prvb$ta pqd Grant o Le f Letters Teatamentary Petitioner(s)aver(s)hdsbatdasy Ware tha Execmot(e)aimed In the last Will office•---•. dead,,.g j l f it and Codinl(s) thereto dated - -- state relevant dreennaecn(kg.,'auncladoay ezraettarr. ,) revs Except astollows:aRerthvaxerattlonoftheinsannncna(r)Wood forpnobeteDecedent owes*,pae +vmexp ` divere a proceeding ild.r a the jpoundg It r divorce had been established as ddned 23 Pa.C.S.133 7 " did maws goon or ,end Iiecndent was neither the victim ofa Kling nor aver edjatticeted an In ' end poem. d5 NO EXCCTTIONS DID CIEPTIONB I • ell 4 Cs .,.1 ta 0 t. [trot forSn t a9f_Y.ett re of Admlttiatratlott (trapplioable) Xa, 0, e.t.a.. L n:,d.b.nxaa.,pende teittlgfaodtx re If Administration,c.La or Lb.n.c.ta. eater date of Will hi Section A abteve and c iii tat i ei�rx PI Except an follows: Decedent was not s party to a pending divorce pmoeedtn �mds g'wtaerein the tra for `lad been h alp egikfuta in 23 Pa.C.S.f 3323(g)and was neither the victim of a ldllimg oar ever adjudicated ea incapiaatod peter gS 'i CV°EXC I'1IQTIS rj EXGRP'[iONs Petihmeda),aPoeraps opaxtvrat'ehhaelm*tecateineddtatDecedentloftnoWilland survived byte Mewing spouse(it'any)andUdra(attach addiliontd Awls,ifne,ory): i"t ante Relationship Address • • Farm kW--02 rev.10111/2fill Page 1 oft . • • Oath of Personal Represeutjtivc -- orrGiatc;:eo.ty COMWO'4WEALTH OF PENNSYLVANLiI ) } SS: COL'":'TY OF 1'9:hien:.3•'ri; `s?' .:•aiutre^,:F;;;.^..:.1:4r:f6 1 --Almiiiiiiiiiiiiiiiiiiiiiiiiinii, i. i•-• ..+ 11. =.11 IIII 11111111.11111111111111111M1111= v.Pethgoner(a}above-named MOWN or affirm(s)the statements in the Foregoing Petition ere true , t m the belt unite knowledge sad belief Of Pctigone(s)add that,as Personal Rcptesentative(s)of , - ,t,I .,ci. r(s)ofif, I ;, , administer the estate according to law. Sworn to• at ,, .. . ,• tsetibed re .f- .tele/,r• ,t Date1/2444_ . me al' • •,y o, 4,a,_,,,,.. ,,e a ' 41,,1i�� Date By: /A • sa1Y__, .,, sr !p, w Dam .&Raghm, • Date BOND Required;0 YRS N0 To$1.0 Rest*trgql of;mu FEES: Than enter ally appearance by my afgaarare balm:• L S Attorney Signature: ( )Shalt Cartiftcritc(s) (ww )Reappoiation(s). ( )Codicil(:) - ( )Aidavit(a) - Bond... �— Printed Namef Commissio , . 8t.pr■wi Ceo�t paw Other. ,„Al f to w— [D Nutaher: e+� d �� lo -�- y 4, • !<a V )r--- Firm Nettle: . , ers..y rM 0 W ....a I Address: * rl M - — -i-- F-'" 'Iv" ern _ a Cs OZ OP n ie- a Phone: 0 'rt f- j Automation Fee. .. ' � Fee: ff1 JCS Fee_ „,....4 . - Breai1: "V :-1 , "Ca �"a tit TOTAL •.• . S fiP Pa; G ( DECREE OF THE RE t STIR Estate or I 1 • fr1M File Not. 4(--/ 3 .. 0 P4:1 alkfe:. I AND NOSY, ‘11,....r. 0 r - t _ ,in cattside ation of the foregoing Petition, satisfactetyproof having been press, • fore tae,IT ItS DECREED, at tem are hereby granted to ■(rune/ .. I in the above estate and(if applicable)that the inatrumeut(s)dated described in the Petition be admitted to probate and filed of record no the last Will(a. odicil(s))or Decedent. . •'egister of AT'la ?... ` 2 I- o �If/ •= v __ $ �RW.4 r...aaaaa..w•u__ .. _ - _. E Nichole D. Simmons: Social Security Death Index (SSDI) Death Record Name: Nichole D.Simmons State of Issue: Pennsylvania Date of Birth: Tuesday July 20,1976 Date of Death: Saturday January 12,2013 Est.Age at Death: 36 years,5 months,23 days Continuation: Proven The Social Security Death Index(SSDI)is made available by the Social Security Administration(SSA)to the public through a number of websites,including GenealogyBank.com.As a result,we do not control the information that is provided us in the SSDI. In order to have information corrected or removed,please contact your local Social Security Administration office.Documented proof of an error may be required.Contact information for your local office can be found at http://www.ssa.gov. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,of IL-114 L1 f ��t��ttti 4.94. Jody S Smith Chief Deputy :fr PA Richard W Stewart Solicitor OFFICE or TEE SbERIFF PNC Bank National Association Case Number vs. Nichole D. Simmons(et al.) 2013-4127 SHERIFF'S RETURN OF SERVICE 10/18/2013 07:25 PM- Ronny R Anderson,Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 125 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043. Deputies were informed by neighbors that a female that resided at this address is deceased and there has not been anyone living at this address for four to five months. SHERIFF COST: $51.08 SO ANSWERS, October 21, 2013 RONR ANDERSON,SHERIFF (c)CouF,tySulte Sheriff,Teleosoft.hic. KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 Attorney for Plaintiff PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES,LLC, SUCCESSOR BY MERGER TO IN THE COURT OF COMMON PLEAS NATIONAL CITY MORTGAGE CO.,FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO., OF Cumberland COUNTY DOING BUSINESS AS ACCUBANC MORTGAGE PO Box 1820 Dayton, OH 45401-1820" No. 13-4127 vs. Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased 125 Herman Avenue Lemoyne,PA 17043 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P.430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant,Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased,which the Sheriff has been unable to personally serve upon Defendant,Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased,. As noted in the attached Motion,Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly,the Court may approve alternative means of service. See Pa.R.C.P.430(a). CONCLUSION For reasons stated above and in the attached Motion,the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant,Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased,by posting the premises and certified mail and regular mail to the property address. By: LAW GROUP,P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P.Jenkins Pa. ID 306588 %Alyk Oflazian Pa. ID 312912 Attorneys for Plaintiff KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 Attorney for Plaintiff PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY IN THE COURT OF COMMON PLEAS REAL ESTATE SERVICES,LLC, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE of Cumberland County CO.,FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC MORTGAGE PO Box 1820 No. 13-4127 Dayton,OH 45401-1820 vs. Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased 125 Herman Avenue Lemoyne,PA 17043 CERTIFICATE OF SERVICE Sarah Jim, an employee of KML Law Group, P.C., counsel for plaintiff, does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon then Defendant, Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,ot5 Deceased this ' ay of November, 2013, by first class mail, postage prepaid. Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased 125 Herman Avenue Lemoyne, PA 17043 By: , KML Law Group, P. Sarah Jim, Legal Secretary Direct Phone: 215-825-6458 PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY IN THE COURT OF COMMON PLEAS REAL ESTATE SERVICES,LLC, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO., OF Cumberland COUNTY FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS c ACCUBANC MORTGAGE c PO Box 1820 13-4127 Dayton, OH 45401-1820 °w .-) -.r,._ VS. r.._ Vanessa Simmons as Executrix of the Estate of Nichole D. < Simmons,Deceased u �' 125 Herman Avenue j Lemoyne,PA 17043 ORDER AND NOW,this 3' day of)j j,,A x2013,upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a)and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant,Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased,have been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant,Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased,by posting a copy of the Complaint upon the premises 125 Herman Avenue, Lemoyne,PA, 17043, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 125 Herman Avenue,Lemoyne,PA, 17043, and that all further service of legal papers, including but not limited to motions,petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant,Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased,by sending copies of same to Defendant's last known address by certified d regular mail and by posting the premises. Service is complete upon mailing. BY THE COURT: J. Dis ribution list: Michael T. McKeever, Esquire, Suite 5000//" Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased, 125 Herman Avenue Lemoyne, PA 17043 KML Law Group, P.C. SUITE 5000—BNY INDEPENDENCE CENTER j 8 PH : r. 701 MARKET STREET PHILADELPHIA,PA 19106-1532 Utc1BERL AND C6 JN 1`;' (215)627-1322 PENNSYLVANIA ATTORNEY FOR PLAINTIFF PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL IN THE COURT OF COMMON PLEAS CITY REAL ESTATE SERVICES,LLC, OF Cumberland COUNTY SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO.,FORMERLY CIVIL ACTION-LAW KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC ACTION OF MORTGAGE FORECLOSURE MORTGAGE PO Box 1820 Term Dayton,OH 45401-1820 No. 13-4127 Plaintiff vs. Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased 125 Herman Avenue Lemoyne, PA 17043 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. By: �. KML LAW GROUP,P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay E.Kivitz Pa. ID 26769 Jill P.Jenkins Pa. ID 306588 Joshua I. Goldman Pa.205047 I Alyk L. Oflazian Pa. ID 312912 66 Attorneys for Plaintiff aqq 582 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ` Ronny R Anderson " Sheriff =,ay tt 4 t C!} ..ztmib,„, Jody S Smith Chief Deputy �— Richard W Stewart Solicitor timrt� PNC Bank National Association Case Number vs. 2013-4127 Nichole D. Simmons (et al.) SHERIFF'S RETURN OF SERVICE 12/26/2013 07:08 PM- Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Nichole D. Simmons, pursuant to Order of Court by"Posting”the premises located at 125 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043 with a true and correct copy according to law. ,1,,1°."' DEN FRY, DEP TY SHERIFF COST: $52.08 SO ANSWERS, December 27, 2013 RON R ANDERSON, SHERIFF t KML Law Group, P.C. Tjh'O'NOL T�i 'r Suite 5000-BNY Independence Center _ 701 Market Street AM 9: 43 Philadelphia,PA 19106-1532 CUMBERLAND COUNTY 215-627-1322 PENNSYLVANIA Attorney for Plaintiff _ PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY IN THE COURT OF COMMON REAL ESTATE SERVICES,LLC, SUCCESSOR BY PLEAS MERGER TO NATIONAL CITY MORTGAGE CO., OF Cumberland COUNTY FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS CIVIL ACTION-LAW ACCUBANC MORTGAGE PO Box 1820 ACTION OF MORTGAGE Dayton,OH 45401-1820 FORECLOSURE vs. Term No. 13-4127 Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased Mortgagor(s) 125 Herman Avenue Lemoyne,PA 17043 Defendant(s) CERTIFICATE OF SERVICE The undersigned, on behalf of Plaintiff,hereby certifies that on J)- ,Y7.r he did serve upon Defendant(s)Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated December 3"12013. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, By: KML Law Group,P.C. Nick Barone, Legal Assistant NBarone @kmllawgroup.com 215-825-6365 (Direct Phone) In the Court of Common Pleas of Cumberland County PNC BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES,LLC, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO., FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO., No 13-4127 DOING BUSINESS AS ACCUBANC MORTGAGE PO Box 1820 ^' Ra Dayton,OH 45401-1820 Plaintiff t.. vs. . . .- Vanessa Simmons as Executrix of the Estate of Nichole D.Simmons, Deceased —G 1> CD c:.3 (Mortgagor(s)and Record Owner(s)) up 4 125 Herman Avenue C Lemoyne,PA 17043 Defendant(s) 1 l PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased by default for want of an Answer. Assess damages as follows: $79,398.21 Debt Interest from 3/19/2014 to Date of Sale per diem at$6.50 Total (Assessment of Damages attached) I CERTIFY THAT 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 mai,leI or delivere to the party against whom judgment is to be entered and to his attorney of record,if any,after the defaul •* rred ;nd at 1 st ten days prior to the date of the filing of this praecipe. A copy of the notice is attached.R.C.P. 237.' By: .dill id KML L' G Michael M Bever Pa. ►56129 1(e,--50 PD A(T'I Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 070434 4 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Ot 303 6/la Thomas Puleo Pa.ID 27615 Joshua I.Goldman Pa.205047 �I O ��I d Jill P.Jenkins Pa.ID 306588 1 Andrew F.Gornall Pa.ID 92382 Attorneys for Plaintiff AND NOW c/0 M are h JO IV ,Judgment is entered in favor of PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES, LLC,SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO.,FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC MORTGAGE and against Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased by default for want of an wer a dama e ssessed in the s of $79,398.21 as per the above certification. Pro ft Rule of Civil Procedure No.236—Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY,PENNSYLVANIA CIVIL ACTION-LAW PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES,LLC,SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO.,FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC MORTGAGE PO Box 1820 Dayton,OH 45401-1820 Plaintiff No. 13-4127 vs. Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased (Mortgagors and Record Owner(s)) 125 Herman Avenue Lemoyne,PA 17043 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered a ainst you. David D.Buell Prothonotary of Cumberland County 1 Courthouse Square Carlisle,PA 17013 Prothonotary By: Deputy If you have any questions concerning the above,please contact: KML Law Group, P.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 122554FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT.ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: February 27,2014 TO: Vanessa Simmons as Executrix of the Estate of Nichole D.Simmons,Deceased Vanessa Simmons as Executrix of the Estate of Nichole D.Simmons,Deceased 125 Herman Avenue Lemoyne,PA 17043 In the Court of PNC BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST TO Common Pleas NATIONAL CITY REAL ESTATE SERVICES,LLC,SUCCESSOR BY of Cumberland County MERGER TO NATIONAL CITY MORTGAGE CO.,FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC CIVIL ACTION-LAW MORTGAGE PO Box 1820 Action of Dayton,OH 45401-1820 Plaintiff Mortgage Foreclosure vs. Vanessa Simmons as Executrix of the Estate of Nichole D.Simmons,Deceased No. 13-4127 (Mortgagor(s)and Record Owner(s)) 125 Herman Avenue Lemoyne,PA 17043 Defendant(s) TO: Vanessa Simmons as Executrix of the Estate of Nichole D.Simmons,Deceased 125 Herman Avenue Lemoyne,PA 17043 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI1"IEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 By: KML LAW GR UP,P.C. Michael McKeever Pa.ID 56129 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Jill P.Jenkins Pa.ID 306588 pi Alyk L.Oflazian Pa.ID 312912 Salvatore Filippello Pa.ID 313897 Michael J.Coskey Pa ID 311835 215-627-1322 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PNC BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES,LLC,SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO.,FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS NO. 13-4127 AS ACCUBANC MORTGAGE Plaintiff vs. Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased Defendant(s) VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter,does hereby state to the best of his/her information and belief,as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s): Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased, has a last known residence of 125 Herman Avenue, Lemoyne, PA 17043. The following information was used to search the DMDC(check all that apply): X Last Name X First Name X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are ade subject to penalties of 18 Pa. 1 C.S.A.4904 rela g to unsworn falsification to aath ri *e .1 Date I By: KML LAW GR ,P. . Michael McKeever Pa. 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa.ID 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 Jill P.Jenkins Pa.ID 306588 Alyk L. Oflazian Pa.ID 312912 Attorneys for Plaintiff Department of Defense Manpower Data Center Results as of:Mar-17-2014 03:12:23 PM SCRA 3.0 Status Report a.,t Pursuant to Smicenterabers Civil Relief Act Last Name: SIMMONS First Name: VANESSA Middle Name: Active Duty Status As Of: Mar-17-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date''- Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date " Active Duty End Date. Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. &at 46,7114.0. 1 �r Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: N81A2C8320EFL90 • KML Law Group,P.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia,PA 19106 215-627-1322 Attorney for Plaintiff PNC BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE IN THE COURT OF COMMON PLEAS SERVICES,LLC,SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO.,FORMERLY KNOWN of Cumberland County AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC MORTGAGE PO Box 1820 CIVIL ACTION LAW Dayton,OH 45401-1820 Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased No. 13-4127 (Mortgagor(s)and Record owner(s)) 125 Herman Avenue Lemoyne,PA 17043 Defendant(s) ORDER FOR JUDGMENT Please enter Judgment in favor of PNC BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES,LLC,SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO.,FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS •CCU: •NC 1vI,ORTGA• ,and against Vanessa Simmons as Executrix of the Estate of Nichole D.Simmons,Deceased for failure to file . •r in th above ac on within(20)days from the date of service of the Complaint,in the sum of$79,398.21. /' 1 1 By: A / A, • KML L W !'11 UP,P.C. Michael McKeever Pa.ID 5.129 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Joshua I.Goldman Pa.205047 Jill P.Jenkins Pa.ID 306588 Andrew F.Gomall Pa.ID 92382 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is PNC BANK, NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES,LLC,SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO.,FORMERLY KNOWN AS NATION•L CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC MORTGAGE PO Box 1820 Dayton,OH 45,11.18 0 and that the ame(s)and last known address(es)of the Defendant(s)is/are Vanessa Simmons as Executrix of the Estate of Nichol:,1. .i mon',Decea :'d, 125 Herman Avenue Lemoyne,PA 17043; (('' ` By: dl / KML L 1 i IJ4 Michael i cKeever P,.ID 56129 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Joshua I.Goldman Pa.205047 NC Jill P.Jenkins Pa.ID 306588 Andrew F.Gomall Pa.ID 92382 Attorneys for Plaintiff ASSESSMENT OF DAMAGES • TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $75,893.35 Interest from 01/01/2013 through $2,875.82 03/18/2014 Late Charges $79.80 Escrow $279.30 Pro Rata PMI $117.94 Unpaid Fees $30.00 Inspection Costs $12.00 Appraisal Costs $110.00 $79,398. 1 q By: /� A M KL LAW ', 1 v', '.1 Michael McKeever Pa.ID 6129 Jay E. Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa. ID 27615 Joshua I.Goldman Pa.205047 Jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.ID 92382 Attorneys for Plaintiff AND NOW,this (9,0 day of Mare? ,2014 damages are assessed as above. 3rothy 13-4127/122554FC • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff .d Lnnot Qti�riU r•r Jody S Smith . ;Y? Chief Deputy C. 3 LA Richard W Stewart Solicitor ofF ICE QF FA,rFZIFF PNC Bank National Association Case Number vs. 2013-4127 Nichole D.Simmons(et al.) SHERIFF'S RETURN OF SERVICE 12/26/2013 07:08 PM-Deputy Dennis Fry, being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant,to wit: Nichole D.Simmons,pursuant to Order of Court by"Posting"the premises located at 125 Herman Avenue, Lemoyne Borough,Lemoyne,PA 17043 with a true and correct copy according to law. DEN S FRY, DEP TY.. SHERIFF COST: $52.08 SO ANSWERS, December 27,2013 RON R ANDERSON, SHERIFF • .1111 (;)CnunivSli le Shenli,TeleesoR Inc. KML Law Group, P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 215-627-1322 Attorney for Plaintiff _ PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY IN THE COURT OF COMMON REAL ESTATE SERVICES,LLC,SUCCESSOR BY PLEAS MERGER TO NATIONAL CITY MORTGAGE CO., OF Cumberland COUNTY FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS CIVIL ACTION-LAW ACCUBANC MORTGAGE PO Box 1820 ACTION OF MORTGAGE Dayton,OH 45401-1820 FORECLOSURE • vs. Term No. 13-4127 Vanessa Simmons as Executrix of the Estate of Nichole D.Simmons,Deceased Mortgagor(s) 125 Herman Avenue Lemoyne,PA 17043 Defendant(s) CERTIFICATE OF SERVICE The undersigned,on behalf of Plaintiff,hereby certifies that on he did serve upon Defendant(s)Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated December 3`d 2013. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S.Section 4904. Respectfully submitted, By: (3Z^ t KML Law Group,P.C. Nick Barone,Legal Assistant NBarone( mllawgroup.com 215-825-6365(Direct Phone) 43 (U 4n m Q Fc 9) w ? ) N ' ��4 N=0 y----�--o_. —Q •z --_ °r —i r 3 • m 0. g —_--- —o wy�mr„- 4u -n w ,�,g 'm A OD>a • n oo a tnm�c 0_ • ~ E. b 9 al=a NS-O0a O C? m ,°,� x�a a� pa c 2 o , dy y "� Co m m m co `-' o aD� 3 -�-t �Q x sv N �� 3 {)m m <Z V=== - a m a� °A= wa CO IC9 SO IDI CO CA o O 3 o wQ M ? �4u3,�., 1 --r=.w CD a -II•au ill X 7 rt (D - .y�°� Z (� O J\� Wc'� 0 c Z to `' TA n ❑DDDD • (p yz 2.co a & -w a.z p o -3 �n (A n g 3 — r. y O O 3y • ca v m O - g z D❑DD u z XI CD im ° m G s 4D m > a.m 4N g 2 o I a- 5, u I F g o g C • co 20 f i' at o a s • A m ma • a E �y X Z 01 Q±- �a 33°'0 a ° m Y v! na a >,' S m 0 m �to m n� lb 1Da • 4u n D o piN..".7".N cD O L`•l p•!T ■k o . i K o O UNl bS 7p O N ro fi--: A s 1 N Z v N y m n IV O �3 h fJ ,Itb . o 00 t f0 N1'J v® O • (� cs O Y - I I"I . Print Your Documents Page 3 of 5 USPS Manifest MC_ling System Page 2 Mailer's Name 6 Address I Permit Number .. I MAC Ver. Number HML Law Group 1 123 I ConnectShip Progistics 6.5 701 Market Street I , Suite 5000 I Sequence Number I Class of Mail Philadelphia, PA-19106 1 1691-3 I Mixed ; • Article 8/ Addressee Name ES ES Insurance Due Total Piece ID Delivery Address Type Postage Fee amount Sender Charge WEBB, ANTHONY E. 2.320 6.67 9171999991703346295115 611 Ellen Wison P115cc 7 ERR 1.25 Washington, DC-20003 C 3.10 WEBB, ANTHONY E. 2.320 6.67 • 9171999991703346295122 5002 6th.Place V ERR 1.25 WASHINGTON, DC-20017 C 3.10 RICHARDSON, TAMMI LYNNE 2.320 6.67 . 917199999170334629.5139 116 Bridge Street ERR 1.25 Lehighton, PA-18235 C 3.10 HEIM, RIRSTEN E. 2.320 6.67 1- 9171999991703346295146 50-6 Holly Drive ERR 1.25 Reading, PA-19606 C 3.10 • JOHNSON, COREY ll 2.320 6.67 9171999991703346295153 132 Main Street ERR 1.25 New Hope, PA-16938 r / C 3.10 JOHNSON, COREY 2.320 6.67 9171999991703346295160 34 Winding Roa ERR 1.25 Levittown, PA- 9057 C 3.10 Vanessa Simmons as Executri o 2.320 6.67 9171999991703346295177 125 Herman Avenue ERR 1.25 Lemoyne, PA-17043 C 3.10 • TO 2.320 6.67 9171999991703346295184 1539 West Liberty StrQeot. ERR 1.25 Allentown, PA-18102 V C 3.10 TORRES, CARMEN 2.320 6.67 0 9171999991703346295191 1314 S Race Street, Apt/. ERR 1.25 1 Allentown, PA-18103 C 3.10 TORRES, CARMEN / 2.320 6.67 .1 9171999991703346295207 444 Stone Briar Drive (v ERR 1.25 •I Ruskin, FL-33570 C 3.10 Page Totals 10 23.20 43.50 66.70 Cumulative Totals 20 46.40 87.00 133.40 • cn.>> 7 • i • httn://pbnc/sendsuite%2Olive/nroiects/imaae.asnx?nd=1 1')/'»/')A 1'2 PRAECIPE FOR WRIT OF EXECUTION- (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106 215-627-1322 Attorney for Plaintiff PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES,LLC,SUCCESSOR BY IN THE COURT OF COMMON PLEAS MERGER TO NATIONAL CITY MORTGAGE CO., FORMERLY KNOWN AS NATIONAL CITY of Cumberland County MORTGAGE CO.,DOING BUSINESS AS ACCUBANC MORTGAGE CIVIL ACTION—LAW PO Box 1820 Dayton,OH 45401-1820 ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. No. 13-4127 Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased Mortgagor(s)and Record Owner(s) 125 Herman Avenue Lemoyne,PA 17043 L-L7) Defendant(s) Ch PRAECIPE FOR WRIT OF EXECUTION y ' 4, TO THE PROTHONOTARY: -� Issue Writ of Execution in the above matter: Amount Due $79,398.21 Interest from 4a8.SO Pr A 3/19/2014 to Date of 'lio.08 CBr Sale per diem at$6.50 31.00 a. 51 .08 u (Costs to be added) -51.08 103.15 " ti . /5 " • II. is_ " ll t) By: -P A KML LA 1 1 ', .C. • Michael McKeever Pa. D 56129 n Jay E. Kivitz Pa.ID 26769 01.615 W Lisa Lee Pa.ID 78020 �p Li. Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 ft got 1434 Thomas Puleo Pa. ID 27615 0 3 la Joshua I.Goldman Pa.205047 Jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.ID 92382 4 LOrt \I-ZA-4 cp Attorneys for Plaintiff • x z Q owo > o o c/) -t � Q z WE-' f=4 wo�W O Ig a cA � U _ t o � ; a W0 U U z � ° 3 w o � Qmoo � 0 F �+ PUa °' W a 1) °c , d � � OU o�O > c O a " 00 a) N � w ,� O aC% Qn o0 QOUpUU , o > Ce m u � � o.� Z a a E �Q„ , ¢ Q Gj �x a i o 1Z . 4 —o ro N • ZZU} ZQ mac) o°o� - O d o (-- O pUaUO � c xo P. W QH �aQZ O o c-) • Z � wZ � 5 , w E-1 w U Z vn vD E d v� O,W� 3 z ¢ C, .. c4z o Z z > KML Law Group,P.C. Suite 5000—BNY Independence Center E , 701 Market Street Philadelphia,PA 19106 215-627-1322 Attorney for Plaintiff 7r E, PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES,LLC, SUCCESSOR BY MERGER TO IN THE COURT OF NATIONAL CITY MORTGAGE CO.,FORMERLY COMMON PLEAS KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC MORTGAGE of Cumberland County PO Box 1820 Dayton, OH 45401-1820 CIVIL ACTION-LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased Mortgagor(s) and Record Owner(s) 125 Herman Avenue NO. 13-4127 Lemoyne,PA 17043 Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY Plaintiff,by counsel,hereby certifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. 1 4 J- U / By: ;II � .� � / � KML LA 'O ', ' . Michael McKeever Pa. 56129 Jay E. Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Joshua I.Goldman Pa. 205047 Jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.ID 92382 Attorneys for Plaintiff KML Law Group, P.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia,PA 19106 ` ' ` "` 215-627-1322 Attorney for Plaintiff 2.I: 1 20 �:Rll: 12 ! LIV, I=P ,-MI COUNTY PNC BANK,NATIONAL ASSOCIATION, E N N S VA I r SUCCESSOR IN INTEREST TO NATIONAL CITY IN THE COURT OF COMMON PLEAS REAL ESTATE SERVICES,LLC, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO., of Cumberland County FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO., DOING BUSINESS AS ACCUBANC MORTGAGE CIVIL ACTION-LAW PO Box 1820 Dayton,OH 45401-1820 Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased No. 13-4127 (Mortgagor(s)and Record Owner(s)) 125 Herman Avenue Lemoyne, PA 17043 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 PNC BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES,LLC,SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO.,FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC MORTGAGE,Plaintiff in the above action, by counsel,KML Law Group,P.C.,sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 125 Herman Avenue Lemoyne,PA 17043 1.Name and address of Owner(s)or Reputed Owner(s): Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased 125 Herman Avenue Lemoyne,PA 17043 2.Name and address of Defendant(s)in the judgment: Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons,Deceased 125 Herman Avenue Lemoyne,PA 17043 3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle,PA 17013 PA DEPARTMENT OF PUBLIC WELFARE-Bureau of Child Support Enforcement Health and Welfare Bldg.-Room 432 P.O.Box 2675 Harrisburg,PA 17105-2675 4.Name and address of the last recorded holder of every mortgage of record: 5.Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7.Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION 1131 Strawberry Square 6th Floor Harrisburg,PA 17128 INTERNAL REVENUE SERVICE-SPECIAL PROCEDURES BRANCH 1001 Liberty Avenue Thirteenth Floor,Suite 1300 Pittsburgh,PA 15222 DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM P.O.Box 8486,Willow Oak Building Harrisburg,PA 17105-8486 Kimberly Jacoby 125 Herman Avenue Lemoyne,PA 17043 Natasha Simmons 125 Herman Avenue Lemoyne,PA 17043 Thomas Barton 125 Herman Avenue Lemoyne,PA 17043 Leonna Simmons 125 Herman Avenue Lemoyne,PA 17043 I verify that th- statements made in this affidavit are true and correct to the best of my info mation and belief.I understand that false statements herein a made s eject to the penalties of 18 Pa.C.S.Sectio 491, relati g to uns orn falsification to authorities. i DATED: 1 By: di KMLLA�'' 'ROU', y Michael McKeever Pa. 15 56129 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 AJoshua I.Goldman Pa.205047 Jill P.Jenkins Pa.ID 306588 Andrew F.Gornall Pa.ID 92382 Attorneys for Plaintiff 13-4127 KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106 (215)627-1322 Attorney for Plaintiff PNC BANK,NATIONAL ASSOCIATION,SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES, IN THE COURT OF COMMON PLEAS LLC,SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO.,FORMERLY KNOWN AS NATIONAL of Cumberland County CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC MORTGAGE PO Box 1820 CIVIL ACTION-LAW Dayton,OH 45401-1820 Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. Vanessa Simmons as Executrix of the Estate of Nichole D. Docket No. 13-4127 Simmons,Deceased c c Mortgagor(s)and Record Owner(s) `" 125 Herman Avenue r r'1 r Lemoyne,PA 17043 Ea r— = - C=� Defendant(s) �� : c THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING-m COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Vanessa Simmons as Executrix of the Estate of Nichole D.Simmons,Deceased Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased 125 Herman Avenue Lemoyne,PA 17043 Your house at 125 Herman Avenue,Lemoyne,PA 17043 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03,2014,at 10:00 AM,in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$79,398.21 obtained by PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES,LLC,SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO.,FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC MORTGAGE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 13-4127 1. The sale will be cancelled if you pay to PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES,LLC, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO.,FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC MORTGAGE,the back payments,late charges, costs and reasonable attorney's fees due.To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment,if the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights.The sooner you contact one,the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder.You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer.At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house.A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty(30)days from the date of the Sheriffs Sale.This schedule will state who will be receiving that money.The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after the schedule of distribution is filed. 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 13-4127 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender(and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff(your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllawgroup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 122554FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. °F f el�\ THE COURT OF COMMON PLEAS �� CUMBERLAND COUNTY PA DAVID D. BUELL,PROTHONOTARY o I z /{4 '° One Courthouse Square • Suite 100 • Carlisle, PA • 17013 �' u (717)240-6195 www.ccpa.net PNC BANK,NATIONAL ASSOCIATION SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES,LLC,SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO., FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO.,DOING BUSINESS AS ACCUBANC MORTGAGE Vs. NO 2013-4127 Civil Term CIVIL ACTION—LAW VANESSA SIMMONS AS EXECUTRIX OF THE ESTATE OF NICHOLE D. SIMMONS,DECEASED WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (I) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $79,398.21 L.L.: $.50 Interest FROM 3/19/2014 TO DATE OF SALE PER DIEM AT$6.50 Atty's Comm: Due Prothy: $2.25 Atty Paid: $370.24 Other Costs: Plaintiff Paid: .^ Date: MARCH 20,2014 beivaieLl jr7J David D.Buell,Prothonotary (Sal) Deputy REQUESTING PARTY: Name: JILL P.JENKINS,ESQUIRE Address: KML LAW GROUP,PC SUITE 5000-BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA,PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No.306588 HIVIL LAW GROUP, P.C. Suite 5000 BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff r7% PJ't 0 THONG 1i R 014 AU PENNS L ,; `Otin RT OF COMMON PLEAS PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES, LLC, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO., FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO., DOING BUSINESS AS ACCUBANC MORTGAGE PO Box 1820 Dayton, OH 45401-1820 Plaintiff vs. Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased Mortgagor(s) and Record Owner(s) 125 Herman Avenue Lemoyne, PA 17043 Defendant(s) 122554FC CF: 07/16/2013 SD: 09/03/2014 $79,398.2] of Cumberland County CIVIL ACTION — LAW ACTION OF MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Term No. 13-4127 Genevieve Mautz, an employee of KML Law Group, P.C., counsel of Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: () ( ) ( ) () ( ) ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). Certified mail by KML Law Group, P.C. (copy of green Postal return receipt attached). Certified mail by Sheriffs Office. Ordinary mail by KML Law Group, P.C. to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. Premises was posted by Sheriffs Office/competent adult (copy of return attached). Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). Certified Mail & ordinary mail by KML Law Group, P.C. (copy of receipt(s) for Certified Mail (x) ( ) (x) attached). ( ) Published in accordance with court order (copy of publication attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail KML Law Group, P.C. (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 Pa. C.S.A. Section 4904. pectfullxsubmitted, NAA6BY: Genevieve Mautz Legal Assistant PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES, LLC, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO., FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO., DOING BUSINESS AS ACCUBANC MORTGAGE PO Box 1820 Dayton, OH 45401-1820 vs. Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased 125 Herman Avenue Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 13-4127 ORDER AND NOW, this3 day ofeceitit,013, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased, have been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased, by posting a copy of the Complaint upon the premises 125 Herman Avenue, Lemoyne, PA, 17043, and PIaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 125 Herman Avenue, Lemoyne, PA, 17043, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. Service is complete upon mailing. BY THE COURT: ILia) Distribution list: Michael T. McKeever, Esquire, Suite 5000 — BNY Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased, 125 Herman Avenue Lemoyne, PA 17043 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES, LLC, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO., FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO., DOING BUSINESS AS ACCUBANC MORTGAGE; et seq. Plaintiff (Petitioner) V. VANESSA SIMMONS AS EXECUTRIX OF THE ESTATE OF NICHOLE D. SIMMONS, DECEASED; et al. Defendant (Respondent) CASE and/or DOCKET No.: 13-4127 Sheriff's Sale Date: 9/3/2014 AFFIDAVIT OF SERVICE El Complaint ❑ Summons Q Other: NOTICE OF SALE 1, KEVEN CHASE, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party , and that I served VANESSA SIMMONS AS EXECUTRIX OF THE ESTATE OF NICHOLE D. SIMMONS, DECEASED the above process on the 21 day of April, 2014, at 1:24 o'clock, PM, at 125 Herman Avenue Lemoyne, PA 17043 , County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: Q By posting a copy of the original process on the most public part of the property pursuant to an order of court Service was attempted on the following dates/times: 1) 2) 3) Commonwealth/State of /K ) SS: County of 6c ircl ) Before me, the undersigned notary public, this day, personally, appeared ice ✓e. ^ eta It to me known, who being duly sworn according to law, deposes the following: I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct. (Signature of Affiant) File Number:122554FC Case ID #:3956286 Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Eric M. Afflorbach, Notary Public Washington Township, Berks County My Commission Expires November 18, 2017 Subscribed and s ore me this22. dayo ,2011 . Name and Address of Sender ;ML LAW GROUP, P.C. UITE 5000 01 A MARKET HILA ESTREET PA 532 Check type of mail or service; ❑ Certified 0 Recorded Delivery (International) 0 COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation ❑ Insured Affix Stamp Here (If issued as a certificate of mailing, or for additional copies of this bill) Postmark and Date of Receipi Article Number Addressee (Name, Street, City, State, & ZIP Ccde) Postage Fee HI �q PFJ RD 5 4Ce Fee RR Fee 1 • Kimberly Jacoby 125 Herman Avenue Lemoyne, PA 17043 i-'71 ;,{o -',t .:1...4t4.y,r-Z ` PITNEY® ; $ 01.840 2 1 M T• ' :• 00020 2 `'. Natasha Simmons 125 Herman Avenue Lemoyne, PA 17043 Thomas Barton 1• f 'MAILED FROM ZIPCODE 19106 3. 125 Herman Avenue Lemoyne, PA 17043 Leonna Simmons 125 Herman Avenue 4. Lemoyne, PA 17043 5. 6. 7. B. total Number of Pieces Jsted by Sender Li Total Number of Ps Received at Post f e Postmaster, Per a e f receiving employee) See Privacy Act Statement on Reverse 'S Form 3877, February 2002 (Page 2 of 2) Complete by Typewriter, Ink, or Ball Point Pen 22554FC Cumberland County Sale Date: 09/03/2014 fanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased and Address of Sender .AW GROUP, P.C. 5000 ARKET STREET .DELPHIA, PA -1532 . . Check type of mall or service; 0 Certified . 0 Recorded Delivery (International) 0 COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise ci Express Mail 0 Signature Confirmation 0 Insured Affix Stamp Here (If issued as a certificate of mailing, • or for additional copies of this bill) Postmark and Date of Receipt Article Number Addressee (Name, Street, City, State, & ZIP Code) Postage Fee Handling Charge Actual Value if Registered Insured Value Due Sender if COD DC Fee SC Fee SH Fee RD . Fee RR Fee Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased 125 Herman Avenue. Lemoyne, PA 17043 , ..t t,.. • § i ' 7'. ... . 0 ir: 0004285957 40 2 'c1:ESPO41' -,.......,,, AILED7:77$c000.27initamemenv.179 PLINEy MAR 27 SOWEs 2014 1: • ,. , DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 ' . : --: • - • PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE • , TAX DIVISION 1131 Strawberry Square 6th Floor Harrisburg, PA 17128 _ . • INTERNAL REVENUE SERVICE - SPECIAL PROCEDURES BRANCH 1001 Liberty Avenue Thirteenth Floor, Suite 1300 - • , Piltbtgrigh, PA 15222 DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM P.O. Box 8486, Willow Oak Building • Harrisburg, PA 17105-8486 , r Number of Pieces lby Sender Total Number of Pieces Received at Post Office Postrn , t r- er (Name of receiving employee) See Privacy Act Statement on Reverse arm 3877, February 2002 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen 554FC Cumberland County Sale Date: 09/03/2014 essa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased Print Your Documents USPS Manifest Mailing System Page 3 of 5 Page 3 Mailer's Name & Address Permit Number MAC Ver. Number KML Law Group 123 ConnectShip Progistics 6.5 701 Market Street Suite 5000 Sequence Number Class of Mail Philadelphia, PA 19108 1960-2 Mixed Article 41 Piece ID Addressee Name. Delivery Address ES Type Postage ES Pee Insurance Amount Duel Total Sender Charge CORBETT. HELENE L. 9171999991703406860901 5350 Chestnut Hilt Road ERR 1.35 Center Valley; PA 18034 C 3.30 0.490 Waller Gal/Peters 0.490. 9171999991703406860918 64 Rice Street ERR- 1.35 Edwardsville, PA 18708 C 3.30 ATKINSON. JOSEPH R. 0,490 917199999170340686096 3821 Hazelwood (Venilo ERR 1.35 Downingtown, PAT 9335 3.30 WENTZ, 6 ttY 0.490 9171999991703406860932 2620 Perry Skeet ERR 1.35 Ede, PA 16504 3.30 BAKER, MARY ELIZABETH 0:490 9171 99917034O6860949 12192 Fort Loudon Road ERR 1.35 Mercersburg, PA 17236 C 3,30 0A90 9171999991703406B60956 125 Herman Avenue ERR. 1.35' Lemoyne, PA 17643 C 330 BERTOLOTTI, SUSAN M. 0,490 9i719'9999170406860963 27 Lilac Drive ERR 1.35 Mechanicsburg, PA 17050 3.30 SHUGRART, GEORGE L. 0.490 917199999170 34 Prickly Pear Drive ERR 1.35 Carlisle, PA 17013 3,30 DAK-ERJR.. DAVID RICHARD rata DAVID 5. BAKER JR. 0.490 9171999991793406860987 12192 Fort Loudon Read ERR 1,35 , Mercersburg, PA 17236 3.30 REZNAk. REBECCA BOLEYN 0.490 917199 91703406860994 250 East ()Guano° Street ERR 1.35 Kingston, PA 18704 C 3.30 / -i. MORAN.,MICHAEL W. 0490 917-1999991703406861007 4244 Mel•no4al Highway ERR 1435 Dallas, PA 18612 3,30 • Allen Peters 0.496 9171999991703406873512 200 Wall Street ERR 1.35 Nestopeck?A 18635 C 3.30 17. '••‘ 're 5,34 5.34 5.34 5.34 5.34 5.34 5.34- 5.34 5.34 5.34 5:34 Page Totals 12 5.88 55.80 64.08 Cumulative Totals 36 17.64 ' 167.40 192.24 •4, /es to IN 1 .4 Name and Address of Sender :ML LAW GROUP, P.C. QUITE 5000 01 MARKET STREET 'HILADELPHIA, PA 9106-1532 Check type of mail or service; CI Certified ❑ Recorded Delivery (International) ❑ COD ❑ Registered E Delivery Confirmation ❑ Return Receipt for Merchandise ❑ Express Mail ❑ Signature Confirmation ❑ Insured Affix Stamp Here - (If issued as a certificate of mailing, or for additional copies of this bill) Postmark and Date of Receipt Article Number Addressee (Name, Street, City, State, & ZIP Code) Postage Fee Handling Charge Actual Value if Registered Insured Value Due Sender if COD DC Fee SC Fee SH Fee RD Fee RR Fee 1. Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased 125 Herman Avenue Lemoyne, PA 17043 :*'t� t - F'�F'; T ri. ���: �`:yj� % MAILED 'sP „sof-8P%. :04:4328595: FROM RITNEV 2- ZIPCODE so{ SEs_ 763 201el 19106 °MAR27 2. DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 4. Harrisburg, PA 17105-2675 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE 5. TAX DIVISION 1131 Strawberry Square 6th Floor Harrisburg, PA 17128 6. INTERNAL REVENUE SERVICE - SPECIAL PROCEDURES BRANCH 1001 Liberty Avenue Thirteenth Floor, Suite 1300 7 Pittsburgh, PA 15222 DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM P.O. Box 8486, Willow Oak Building 8. Harrisburg, PA 17105-8486 Total Number of Pieces Listed by Sender 0 Total Number of Pieces Received at Post Office IV�J Post t r er (Name of receiving employee) , See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen 122554FC Cumberland County Sale Date: 09/03/2014 Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased 1 Name and Address of Sender :ML LAW GROUP, P.C. iUITE 5000 01 MARKET STREET 'HILADELPHIA, PA 9106-1532 Check type of mail or service; ❑ Certified ❑ Recorded Delivery (International) ❑ COD ❑ Registered ❑ Delivery Confirmation El Return Receipt for Merchandise ❑ Express Mail ❑ Signature Confirmation ❑ Insured Affix Stamp Here (If issued as a certificate of mailing, . or for additional copies of this bill) Postmark and 1 Date of Receipi Article Number Addressee (Name, Street, City, State, & ZIP Code) Postage Fee H' .p• �Sr RD G O Vos Fee RR Fee 1. •• Kimberly Jacoby 125 Herman Avenue Lemoyne, PA 17043 � _V3r; -• , i 4 .' � �� "• BOWES PITNEY __ ' r,,}i' $ 01.840 02 1M T+fr• 0004285957 MAR 27 201 4 .'•? 2. '. ' - n '. I, ; Natasha Simmons 125 Herman Avenue Lemoyne, PA 17043 Thomas Barton ' MAILED FROM ZIP CODE 19106 —' 3. 'v ► . / , ` - 125 Herman Avenue Lemoyne, PA 17043 Leonna Simmons 125 Herman Avenue 4 Lemoyne, PA 17043 5. +. 6. 7. 8. Total Number of Pieces Listed by Sender LI Total Number of P'e es Received at Post fie Postmaster, Per a f receiving employee) See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Page 2 of 2) Complete by Typewriter, Ink, or Ball Point Pen 122554FC Cumberland County Sale Date: 09/03/2014 Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased KML LAW GROUP, P.C. Suite 5000 — BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff , PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES, LLC, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO., FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO., DOING BUSINESS AS ACCUBANC MORTGAGE PO Box 1820 Dayton, OH 45401-1820 Plaintiff vs. Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased Mortgagor(s) and Record Owner(s) 125 Herman Avenue Lemoyne, PA 17043 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 13-4127 AFFIDAVIT PURSUANT TO RULE 3129 PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES, LLC, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO., FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO., DOING BUSINESS AS ACCUBANC MORTGAGE, Plaintiff in the above action, by and through an authorized employee of its attorneys, KML Law Group, P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 125 Herman Avenue Lemoyne, PA 17043 1.Name and address of Owner(s) or Reputed Owner(s): Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased 125 Herman Avenue Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased 125 Herman Avenue Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION 1 131 Strawberry Square 6th Floor Harrisburg, PA 17128 INTERNAL REVENUE SERVICE - SPECIAL PROCEDURES BRANCH 1001 Liberty Avenue Thirteenth Floor, Suite 1300 Pittsburgh, PA 15222 DEPARTMENT OF PUBLIC WELFARE ESTATE RECOVERY PROGRAM P.O. Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 Kimberly Jacoby 125 Herman Avenue Lemoyne, PA 17043 Natasha Simmons 125 Herman Avenue Lemoyne, PA 17043 Thomas Barton 125 Herman Avenue Lemoyne, PA 17043 Leonna Simmons 125 Herman Avenue Lemoyne, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: July 28, 2014 /0I KML Law Group, W. . BY: Genevieve Mautz Legal Assistant KML LAW GROUP, P.C. Suite 5000 — BNY Mellon Independence Center 701. Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES, LLC, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO., FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO., DOING BUSINESS AS ACCUBANC MORTGAGE PO Box 1820 Dayton, OH 45401-1820 Plaintiff vs. Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased Mortgagor(s) and Record Owner(s) 125 Herman Avenue Lemoyne, PA 17043 Defendant(s) OF rik PRO TNONO Tt h 2014 SEP 19 Ail IQ: CUMBERLAND COUNTY PENNS YL 1N THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 13-4127 Book: Writ: NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for September 03, 2014 at 10:00 AM in the above matter has been continued until October 01,2014 at 10:00 Date: 2 , By: GROUP, P.C. arket Street, Suite 5000 Philadelphia, PA 19106 (215) 825-6332 Michael McKeever Pa. ID 56129 David Fein Pa. ID 82628 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff KML LAW GROUP, P.C. Suite 5000 — BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO NATIONAL CITY REAL ESTATE SERVICES, LLC, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE CO., FORMERLY KNOWN AS NATIONAL CITY MORTGAGE CO., DOING BUSINESS AS ACCUBANC MORTGAGE PO Box 1820 Dayton, OH 45401-1820 Plaintiff vs. Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased Mortgagor(s) and Record Owner(s) 125 Hennan Avenue Lemoyne, PA 17043 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION — LAW ACTION OF MORTGAGE FORECLOSURE CERTIFICATE OF FILING Term No. 13-4127 Book: Writ: 1 hereby certify that matter was filed or sent for filing with the prothonotary and was served the Notice of Continued Sheriff's Sale in the above upon the following parties on the date listed below: Vanessa Simmons as Executrix of the Estate of Nichole D. Simmons, Deceased 125 Herman Avenue Lemoyne, PA 17043 defendant(s) SHERIFF OF CUMBERLAND COUNTY Sheriff's Office 1 Courthouse Square Carlisle, PA 17013 (via facsimile or e-mail) PROTHONOTARY OF CUMBERLAND COUNTY Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 (via e -filing if applicable) Da KML LAW GROUP, P.C. 701 Market Street, Suite 5000 Philadelphia, PA 19106 (215) 825-6332 Veronica Cosme