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Home My WebLink About13-4649 Supreme Co n nsylvania COu> Como leas For Prothonotary Use Only: T . ,i� j ,der S e ES Docket No: Cu rla County 13' 01 CI VI .L A F The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S IM Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: PNC Bank, National Association Linda Phelan aka Linda L. Phelan et al T Dollar Amount Requested: ®within arbitration limits I Are money damages requested? 0 Yes M No (check one) Ox outside arbitration limits O N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? 0 Yes IM No A Name of Plaintiff /Appellant's Attorney: John Kishbaugh, Esquire 0 Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance Dept. of Transportation E 0 Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include mass tort) 0 Employment Dispute: i E 0 Slander/Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste ® Other: ®Ejectment ®Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent ® Mandamus 0 Landlord/Tenant Dispute ® Non- Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental OP artition 0 Replevin 0 Legal 0 Quiet Title ® Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID#45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID#34576 SHERRI J. BRAUNSTEIN, ESQUIRE - ID#90675 SALVATORE CAROLLO, ESQUIRE - ID#311050 HARRY B. REESE, ESQUIRE - ID #310501 ELIZABETH L. WASSALL, ESQUIRE - ID#77788 JOHN ERIC KISHBAUGH, ESQUIRE - ID#33078 NICOLE B. LABLETTA, ESQUIRE - ID#202194 m� M,, �.= DAVID NEEREN, ESQUIRE - ID#204252 r t" JORDAN DAVID, ESQUIRE - ID#311968� WOODCREST CORPORATE CENTER' CD 111 WOODCREST ROAD, SUITE 200 D CHERRY HILL, NJ 08003 -3620 856- 669 -5400 pleadings @udren.com tv -K PNC Bank, National Association COURT OF COMMON PLEAS C/O PNC Bank, N.A. CIVIL DIVISION 3232 Newmark Drive CUMBERLAND County Miamisburg, OH 45342 6 'L Plaintiff NO. 3 ' 7 /L V er V. LINDA PHELAN A/K/A LINDA L. PHELAN 735 SOUTH HANOVER STREET CARLISLE, PA 17013 RICHARD PHELAN A/K/A RICHARD E. PHELAN 735 SOUTH HANOVER STREET CARLISLE, PA 17013 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. r . S w` � # ,bra s YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990 -9108 AVISO Le han demandado a usted en la 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 dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990 -9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 -3620 (856) 669 -5400 1. Plaintiff is PNC Bank, National Association. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiffs favor: Assignor: Pennsylvania State Bank Assignee: Bank of Lancaster County Date of Assignment: 10/27/2006 Recorded Date: 11/02/2006 Book/Instrument #: 731 Page: 3826 2. Upon information and belief Defendant(s) and/or their predecessor: Linda Phelan a/k/a Linda L. Phelan and Richard Phelan a/k/a Richard E. Phelan (hereinafter "Defendants "), are the owners of property located at 735 South Hanover Street, Carlisle, PA 17013, by virtue of Deed dated 05/14/1984 and recorded 05/30/1984 in Official Records Book R30 at Page 1144 of the Public Records of Cumberland County, Pennsylvania (hereinafter the 'Property "). 3. On 10/27/2006, Defendant(s) and/or their predecessor: LINDA PHELAN A/K/A LINDA L. PHELAN AND RICHARD PHELAN A/K/A RICHARD E. PHELAN promised to pay to the order of Pennsylvania State Bank, the principal sum of $ 290,000.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 10/27/2006, Defendant(s) and/or their predecessor: l LINDA PHELAN A/K/A LINDA L. PHELAN AND RICHARD PHELAN A/K/A RICHARD E. PHELAN to secure the Note, mortgaged to Pennsylvania State Bank , the Property which is the subject of this action. The Mortgage was recorded on 11/02/2006 in Official Records Book 1971 at Page 2763. Said Mortgage is incorporated herein by referenced in accordance with Pa.R.C.P 1019(g). A legal description of the mortgage premises is attached hereto and made a part hereof. 5. Said mortgage is in default in that the payment due 09/01/2012, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be immediately due. 6. After demand, the Defendant(s) continues to fail or refused to comply with the terms of the Mortgage as follows: (a) By failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) By failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage or modification agreement as of the date stated below Unpaid Principal Balance $59,666.37 Accumulated Interest $3,663.56 Accumulated Late Charges $945.40 Escrow Deficit /(Reserve) $2,085.60 Property Inspections $117.00 Grand Total $66,477.93 The above figures are calculated to 07/25/2013: The interest rate is subject to adjustment if more fully described as such in the note and mortgage. The interest rate on the subject note is at 6.25000 %. The per diem interest accruing on this debt is $10.2200 and that sum should be added to the above date and each day after the above date. The late charge is subject to adjustment if more fully described as such in the note and mortgage. The late charge rate on the subject note should be added in accordance to the terms of the note and mortgage charged monthly at $162.81. 7. Breach letters have been sent to Defendant(s) in accordance with the requirements of the subject mortgage and/or The Pennsylvania Act 6 of 1974 of the Commonwealth of Pennsylvania and, if applicable, Act 91 of 1983. Copies of the breach letters are attached hereto as Exhibit "A" WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $66,477.93 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY ;, /�� 1. Eric Kishbaugh, Esquire PA ID 33078 VERIFICATION I, Rndney Carpenter , as an A Signer of the Plaintiff, PNC Bank, National Association, do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff and that the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: 0 2 o Name: Rodney Carpenter Title: Authorized Signer Company: PNC Bank, National Association MJU #: 13020717 CASE #: 13020717 -1 Exhibit "A" File No. 06- 229933FPWB ALL THAT CERTAIN tract of land situate In the Second Wand of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded on the North by land now or tonnsriy of Hannah Jones, on the East and South by hands now or fonnerty of Jenks, and on the West by South Hanover Street, and measuring one hundred fifty (150) feet, more or Nos, from north to south on South Hanover Street, and extending In depth two hundred thirty (230) feet, more or less, on both the north and south bounds from South Hanover Street land now or formerly of Jenks on the east bound, and Improved with a stone dwelling house known and numbered as 735 South Hanover Street. BEING THE SAME PREMISES which Lawrence W. Lynch and Jean E. Lynch, his wife by deed dated May 14, 1984 and recorded May 30,1!84 in the Otdice of the Recorder of Deeds In and for Cumberland County, Pennsylvania in Record Book R-30, Page 1144, granted and conveyed unto Richard E. Phelan and Linda L. Phelan, his wife, their heirs and assigns, as tenants by the entW edes. I Certify this to be recorded In Cumberland County PA EXHIBIT A TO MORTGAGE.00C I97tPG2779 T- _ _ PNC • Attrntion: Collection Department Certified Article MORTGAGE ( 86- FM07 -01 -5) 3232 Newmark Drive 7196 9008 9111 6964 $787 Miamisburg, OH 45342 RECORD LINDA L PHELAN 735 S HANOVER ST CARLISLE, PA 17013 Please find enclosed the ACT 91 NOTICE for Loan Number: 1000008087 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. Exhibit A DR673 A Division of PNC Bank. National Associaticn T1 937 -910 -17.00 T2 800 - 822.5620 3232 Newmark Dr Miamisburg OH -5342 P O. Box 1820 Dayton OH 45401 -1820 Date: 1/23/2413 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when-you meet with the Counseling Agency The name, address and phone number of Consumer Credit Counseling Agencies serving -your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 -342 -2397. (Persons with impaired hearing can call (717) 780- 1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTMCAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): RICHARD E PHELAN LINDA L PHELAN PROPERTY ADDRESS: 735 S HANOVER ST CARLISLE, PA 17013 LOAN ACCT. NO.: 1000008087 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 1483 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE —Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. fF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUNIEPR 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 pro 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 HEM" APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVF THE RIGHT TO FILE t� HE'VIAP APPLICATION EVEN BEYOND THESE TIME PFRIODS 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 wilt 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 (Brine it up to date) NATURE OF THE DEFAULT —The MORTGAGE debt held by the above lender on your property located at: 735 S HANOVER ST CARLISLE, PA 17013 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 9/1/2012 through 12/1/2012 at $3,882.07 per month, From I/l/2013 through 1/1/2013 at $4,710.74 per month Monthly Payments Accrued: $20,239.02 Late Charges Accrued: $782.59 Non - Sufficient Funds: $0.00 Fax Fees: $0.00 Property Inspections: $54.00 Speedpay Fees: $0.00 TOTAL, AMOUNT PAST DUE: $21,075.61 HOW TO CURE THE DEFAULT —You may cure the default within THIRTY (30) DAYS of the date of this notice BY PARING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $21,075.61, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to PNC Mortgage, A Division of PNC Bank, NA Attention: Collections Center 3232 Newmark Drive Miamisburg, OH 45342 IF YOU DO NOT CURE THE DEFAULT —If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rijZhts 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 von cure the default within the THIRTY 30 DAY eriod . Von will not be required to pAy attorney's fees. OTHER LENDER REMEDIES —The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and Prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so b Lpaying the total amount then Last 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 asspecified in writing by the lender and by erformin an 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 @pnemortgage.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. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IHMA►P 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 ") PNC V C Attention: Collection Department • + Numb MORTGAGE'" W - IT07 -01 -5k 3232 %ewmark Drive 7196 g pp� 9 11]. 8965 7360 Miamisburg. OH 45332 SEN O R D RICHARD E PHELA.N 735 S HANOVER ST CARLISLE, PA 17013 Please find enclosed the ACT 91 NOTICE for Loan Number: 1000008087 This is an attempt to collect a debt. Any information obtained will be used for that purpose. However, if you have received a discharge in bankruptcy affecting our right to collect your loan as a personal obligation, and if the loan was not reaffirmed in the bankruptcy case, PNC Mortgage, a division of PNC Bank, National Association will only exercise its rights against the property itself, and is not attempting to collect the discharged debt from you personally. DR672 A DMsion of PNC Bank, National Association T1 937- 910 -1200 T2 800 -822 -5626 3237 Newmark Dr Miamisbura OH 15342 P 0 Box 1820 Dayton OH -15401.1820 Date: 1/23/2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (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, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA LNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): RICHARD E PHELAN LINDA L PHELAN PROPERTY ADDRESS: 735 S HANOVER ST CARLISLE, PA 17013 LOAN ACCT. NO.: 1000008087 ORIGINAL LENDER: N/A CURRENT LENDERISERVICER: PNC Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE —Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES —If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the properly 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 TLmE 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: 735 S HANOVER ST CARLISLE, PA 17013 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 9/1/2012 through 12/1/2012 at $3,882.07 per month, From 1/1/2013 through 111/2013 at $4,710.74 per month Monthly Payments Accrued: $20,239.02 Late Charges Accrued: $782.59 Non - Sufficient Funds: $0.00 Fax Fees: $0.00 Property Inspections: $54.00 Speedpay Fees: $0.00 TOTAL AMOUNT PAST DUE: $21,075.61 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 $21,075.61, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to PNC Mortgage, A Division of PNC Bank, NA Attention: Collections Center 3232 Newmark Drive Miamisburg, OH 45342 IF YOU DO NOT CURE THE DEFAULT —If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the 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 stall 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 ime up 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 properly 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. ASSUNI PTION OI~ MORTGAGE - -You __._ may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY A"MAP Consumer Credit Counseling Agencies Cumberland County Advantage Credit Counseling PHFA Service/CCCS of Western PA 211 North Front Street 2000 Linglestown Road Harrisburg, PA 17110 Harrisburg, PA 17102 717- 780 -3940 800- 342 -2397 888 -511 -2227 Community Action Commission of Advantage Credit Counseling Capital Region Service /CCCS of Western PA 1514 Derry Street 2000 Linglestown Road Harrisburg, PA 17104 Harrisburg, PA 17102 717- 232 -9757 888 -511 -2227 Housing Alliance of York/Y Housing Community Action Commission of Resources Capital Region 290 West Market Street 1514 Derry Street York, PA 17401 Harrisburg, PA 17104 717 -855 -2752 717 -232 -9757 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 FORM I p N( `s,n k , N CA +0aA IN THE COURT OF COMMON PLEAS OF IftSS (X.. J 0+-( C)() CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. �IYtcl e� PI' ta n A t f` I A LIVICW C..- P1 n ; �rchccrd pIi.Go PrIk -1 % I? rch igrd E 3 ' O R Civil efendant(s)p e 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. I.f you and your lawyer complete a. financial :worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference, with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to Nvor k' 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: Date [Signature of Counsel for Plaintiff) m z�. , I Eric .Kishbaugh, Esquire � � � ` ' ? PAID 33078 C cz . �o -� r C` C C) FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial . Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, ,your lender must consider your circumstances to determine possible options while working with your PIease provide the following information to the best of your knowledge: CUSTONIEWPRIMARY Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL R First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ .._ ........ .. ....... ... ._...._....... ...... ... ._. .......... _ ........ _ ..... _ ........ . _... . _.._.._..... If yes, provide names, location of court case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Y Amount owed: Value: Automobile #2 : Model: Y Amount owed: Value: Other transportation. (a.utomobiles, boats motorcycles): Year: Amount owed: Value Monthly Income Name of Employers: Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE A MOUNT EXPENSE AMOUNT Moft.age Food 2 Mortgage Utilities Car Payment(s) Cundo/Nei h. Fees Auto Insurance M.ed. (not covered) Auto fuel/repairs Other ro a ent Install. Loan Payment Cable TV Child 5u ort/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? . Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: ..... .. .... ...._......-_ ....... __...._ ....... _ .._ ........ __...__._�_..... - - -- Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AU I /We, , authorize the above named to use /refer this information to my lender /servi.cer 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: Proof of income V Past 2 bank statements �. Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation r (hardship letter) V Listing agreement (if property is currently on the market) FORM 3 IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs Defendant(s) CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant .lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court= supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 1.8 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID#34576 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 SALVATORE CAROLLO, ESQUIRE - ID #311050 HARRY B. REESE, ESQUIRE - ID #310501 ELIZABETH L. WASSALL, ESQUIRE - ID#77788 JOHN ERIC KISHBAUGH, ESQUIRE - ID #33078 f: , NICOLE B. LABLETTA, ESQUIRE - ID #202194 DAVID NEEREN, ESQUIRE - ID #204252 moo JORDAN DAVID, ESQUIRE - ID #311968 M �, WOODCREST CORPORATE CENTER y { 111 WOODCREST ROAD SUITE 200 r- " CHERRY HILL, NJ 08003 -3620 856- 669 -5400 Pleadings@udren.com PNC Bank, National Association COURT OF COMMON PLEAS 3232 Newmark Drive, Miamisburg, OH 45342 CIVIL DIVISION Plaintiff CUMBERLAND County V. NO. Linda Phelan a/k/a Linda L. Phelan 735 South Hanover Street �✓ Carlisle, PA 17013 Richard Phelan a/k/a Richard E. Phelan 735 South Hanover Street Carlisle, PA 17013 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the following counsel: Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Gazzara Doyle, Esquire; Sherri J. Braunstein, Esquire; Harry B. Reese, Esquire; Salvatore Carollo, Esquire; Elizabeth L. Wassall, Esquire; John Eric Kishbaugh, Esquire; Nicole B. LaBletta, Esquire; David Neeren, Esquire, and Jordan David, Esquire on behalf of the Plaintiff, in the above - captioned matter. UDREN LAF OFFICES, P.C. BY: I Eric Kishbaugh, Esquire PA I D 33078 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F! D-0t;F'1 ; Sheriff "=F THE PROF H1r NO I[Ar Jody S Smith 2013 SEP _6 AM f Chief Deputy Richard W Stewart ��;;� �� ,�= CUMBERLAND COUN E `�` Solicitor PENNSYLVANIA PNC Bank National Association Case Number vs. Linda Phelan (et al.) 2013-4649 SHERIFF'S RETURN OF SERVICE 08/29/2013 04:24 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Linda Phelan, wife,who accepted as"Adult Person in Charge"for Richard E Phelan at 735 S Hanover Street, Carlisle Borough, Carlisle, PA 17013-4106. RYAN BURGETT, 08/29/2013 04:24 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Linda Phelan at 735 S. Hanover Street, Carlisle Borough, Carlisle, PA 17013. RYAN BURGETT, D SHERIFF COST: $50.78 SO ANSWERS, August 30, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. UIIRLN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 leadin s ' udren.com PNC Bank,National Association COURT OF COMMON PLEAS 3232 Newmark Drive CIVIL DIVISION Miamisburg,OH 45342 Cumberland County Plaintiff v. MORTGAGE FORECLOSURES LINDA PHELAN A/K/A LINDA L.PHELAN '-o w cn 735 SOUTH HANOVER STREET .y .- CARLISLE,PA 17013 NO. 13-4649 c I ✓ RICHARD PHELAN A/K/A RICHARD E.PHELAN 735 SOUTH HANOVER STREET -mss CARLISLE,PA 17013 �' Ufa Defendant(s) — PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s),LINDA PHELAN A/K/A LINDA L.PHELAN; RICHARD PHELAN A/K/A RICHARD E.PHELAN; for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: FROM TO Unpaid Principal Balance $59,666.37 Interest Per Complaint $3,663.56 Additional Interest 07/26/2013 11/20/2013 $1,205.96 Late Charges Per Complaint $945.40 Additional Late Charges 07/26/2013 11/20/2013 $651.24 Escrow Per Complaint $2,085.60 Property Inspections $117.00 Grand Total $68,335.13 I hereby certify that(1)the addresses of the Plaintiff and Defendant are as shown above, and(2)that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LA CFFICES, P.C. BY: Attorne for tiff LI TH L WAF'SALL, ESQ DAMAGES ' HE' BY ASSESSED AS INDICATED Do 7V88 DATE: - 3 -.... ■ PRO PRO Y a41JSpIQ/-/ MJU#: 13020717 CASE#: 1313020717-1 C� sir9 2_42Kdots)-0, .1, , UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF BY:MARK J.UDREN,ESQUIRE-ID#04302 STUART WINNEG,ESQUIRE-ID#45362 LORRAINE GAZZARA DOYLE,ESQUIRE-ID#34576 SHERRI J.BRAUNSTEIN,ESQUIRE-ID#90675 SALVATORE CAROLLO,ESQUIRE-ID#311050 HARRY B.REESE,ESQUIRE-ID#310501 ELIZABETH L.WASSALL,ESQUIRE-ID#77788 JOHN ERIC KISHBAUGH,ESQUIRE-ID#33078 NICOLE B.LABLETTA,ESQUIRE-ID#202194 Q DAVID NEEREN,ESQUIRE-ID#204252 —• JORDAN DAVID,ESQUIRE-ID#311968 cs_ ,zrn WOODCREST CORPORATE CENTER N7) G' 111 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 COPY 856-669-5400 pieadin sue@ c) PNC Bank,National Association COURT OF COMMON PLEAS C/O PNC Bank,N.A. CIVIL DIVISION 3232 Newmark Drive CUMBERLAND County Miamisburg,OH 45342 CIL1 Plaintiff NO 13 - 4/4V, LINDA PHELAN A/K/A LINDA L.PHELAN 735 SOUTH HANOVER STREET CARLISLE,PA 17013 RICHARD PHELAN A/K/A RICHARD E. PHELAN 735 SOUTH HANOVER STREET CARLISLE,PA 17013 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served,by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff o{ Itmoey,,�a Jody S Smith Chief Deputy Richard W Stewart '°° =` -=> Solicitor OFFICE OFTNr$kEkli=c PNC Bank National Association Case Number vs. Linda Phelan(et al.) 2013-4649 SHERIFF'S RETURN OF SERVICE 08/29/2013 04:24 PM-Deputy Ryan Burgett, being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Linda Phelan,wife,who accepted as"Adult Person in Charge"for Richard E Phelan at 735 S Hanover Street, Carlisle Borough, Carlisle, PA 17013-4106. RYAN BURGEU, 08/29/2013 04:24 PM-Deputy Ryan Burgett, being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Linda Phelan at 735 S. Hanover Street, Carlisle Borough, Carlisle, PA 17013. RYAN BURGET1, D TY SHERIFF COST:$50.78 SO ANSWERS, August 30,2013 RONRANDERSON, SHERIFF (c)CountySuito Shona,ninosort I"c. Verbal Confirmation of Service of Complaint Date: September 4, 2013 Spoke with: Nicole @ Cumberland County Sheriff's Office Defendant(s): Linda Phelan a/k/a Linda L. Phelan Served: 08/29/13 at: 735 South Hanover Street, Carlisle, PA 17013 Notes: Personal Defendant(s): Richard Phelan a/k/a Richard E. Phelan Q Served: 08/29/13 at: 735 South Hanover Street, Carlisle, 7013 Notes: Service accepted by the Adult in Charge—Wife Linda Are there any additional fees due? No If so, how much? $ UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 PNC Bank,National Association COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. Cumberland County Linda Phelan a/k/a Linda L.Phelan, Richard Phelan a/k/a Richard E.Phelan MORTGAGE FORECLOSURE Defendant(s) NO. 13-4649 TO: Richard Phelan a/k/a Richard E.Phelan 735 South Hanover Street Carlisle,PA 17013 Date of Notice: October 29,2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ(10)DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA,USTED PUEDE PERDER BIENES Y OTROS DERECHOS,IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO,0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO,VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT,THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT.ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UDRE +v OFFI ' ,P . B . Atto. ,ey for Plain m ` David Neeren Esquire Woodcrest Co ''+;: '114252 111 Woodcrest ' • Y., r t- Of Cherry Hill,New Jersey 08003-3620 MJU#: 13020717 CASE#: 13020717-1 UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 PNC Bank,National Association COURT OF COMMON PLEAS Plaintiff CIVIL,DIVISION v. Cumberland County Linda Phelan a/k/a Linda L.Phelan, Richard Phelan a/k/a Richard E.Phelan MORTGAGE FORECLOSURE Defendant(s) NO. 13-4649 TO: Linda Phelan a/k/a Linda L.Phelan 735 South Hanover Street Carlisle,PA 17013 Date of Notice: October 29,2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ(10)DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA,USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO,VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA,CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 NOTICE: PURSUANT'TO THE FAIR DEBT COLLECTION PRACTICES ACT,THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT.ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UDRE► OFF _ S,P ,� � ln, squire PA ID 204252 Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill,New Jersey 08003-3620 MJU#: 13 020717 CASE#: 13020717-1 Pennsylvania Office UDREN LAW OFFICES, l .C, Florida Office 100 W. 3rd Ave. 2101 W.Commercial Blvd Suite 200 New Jersey Office Suite 5100 Conshohocken,PA 19428 Woodcrest Corporate Center Fort Lauderdale,FL 33309 (PH) 215-568-9500 (PH) 954-378-1757 Mark)Udren,Esq. III WOO crest Rd. Licensed.PA,NJ,,a Suite 200 (FX) 954-378-1758 Cherry Hill, NJ 08003 (PH)856-669-5400 (FX)856-669-5399 www.udren.com Prothonotary of Cumberland County One Courthouse Square Carlisle,PA 17013 Re: PNC Bank,National Association vs. LINDA PHELAN A/K/A LINDA L.PHELAN,RICHARD PHELAN A/K/A RICHARD E. PHELAN, Cumberland County C.C.P.No. 13-4649 MJU#: 13020717 CASE#: 1313020717-1 Dear Sir or Madam: Enclosed please find Affidavit of Non-Military Service for the above captioned matter. I have also enclosed a copy of the Affidavit of Non-Military Service to be time stamped and returned in the enclosed self-addressed stamped envelope. Thank ,ou for your assistance in this matter. Sin.- - ' yeIrs, Al, ;n o i., i ar Foreclosure Specialist MJU/ Enclosures MJU#: 13020717 CASE#: 1313020717-1 UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 •leadin!s ' udren.com COURT OF COMMON PLEAS PNC Bank,National Association CIVIL DIVISION Plaintiff Cumberland County v. MORTGAGE FORECLOSURE LINDA PHELAN A/K/A LINDA L.PHELAN, RICHARD PHELAN A/K/A RICHARD E. PHELAN, NO. 13-4649 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 THE UNDERSIGNED states based upon a search of the Department of Defense Manpower Data Center for the Defendant(s),that the Defendant(s),LINDA PHELAN A/K/A LINDA L.PHELAN, RICHARD PHELAN A/K/A RICHARD E.PHELAN,who/each of whom is over 18 years of age is/are not in active military service as defined in the Servicemembers' Civil Relief Act. The Military Status Report(s) is/are attached hereto as Exhibit "A". The Affiant lacks sufficient information to be able to determine whether any other Defendants in this action are in active military service because Plaintiff cannot provide date(s)of birth and/or Social Security number(s) for said Defendant(s)to enable a search. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: November 20,2013 Attorney for Plaintiff L WASSALL, ESQ PA ID 77788 MJU#: 13020717 CASE#: 1313020717-1 Results as of:Nov-20-2013 07:25:20 'Department of Defense Manpower Data Center SCRA 3.0 __ Stag Report ;t' Pursuant to Servicemember�s Civil,Relief Act. Last Name: PHELAN First Name: LINDA Middle Name: Active Duty Status As Of: Nov-20-2013 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`Duly Status Date TO �. 1 . I V• . . Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA -- NA " ,..T 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 NA - f 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 4.4 Yhaptk- - ', 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: D54CO6EBX03BD20 Results as of:Nov-20-2013 07:25:54 'Department of Defense Manpower Data Center SCRA 3.0 ` 7 Sta Report • Pursuant to Servicemerabers Civil Relief Act. Last Name: PHELAN First Name: LINDA Middle Name: L Active Duty Status As Of: Nov-20-2013 On Active Duty On Active Duty Status Date Active Duly Start Date Active Duty End Date Status Service Component NA NA f'� �_— •"r 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 rr Status Service Component NA j ».I NA .Ii �� - No 4 , NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date ; It i,. 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 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Yhative' - yA4 ha+ _ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 `The Deferfse 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: N5I0V64BWO3CXBO Results as of:Nov-20-2013 07:27:19 Department of Defense Manpower Data Center SCRA 3.0 4;::::"...0 r d,# _ .7 rir;/ �;'i, Status Rcport •,I" Pursuant to Servicememk Civil Relief Act Last Name: PHELAN First Name: RICHARD Middle Name: Active Duty Status As Of: Nov-20-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component r. NA NA r- '1 __ —- w No•.,... NA This response reflects the individual'active duty status based on the Active'Duty Status Date ,fir , / . , I � -1, ' , Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA J NA _t" . 't ... - --No' 1 : 1 NA This response reflects where the Individual left active duty status within 36i days preceding the Active Duty Status Date l I - '•tI' ' . , 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 '.NA 't f 'No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty 1 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 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: 15S9068BQ03CQ00 • Results as of:Nov-20-2013 07:26:32 Departitnent of Defense Manpower Data Center SCRA 3.0 `.. 1 !y,,- i Status Report ;� } Pursuant to Servicernembers Civil Relief Act. ‘,.....) Last Name: PHELAN First Name: RICHARD Middle Name: E Active Duty Status As Of: Nov-20-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA_fi ,ti-_,t - _ No" NA This response reflects the individuals active duty'status based oli the Active Duty Status Date I ,,r ,ticr6�� i 1 r yi •- i, ,.'� . . /- ,. N, Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA I -'NA ' c--' '-4t r k ,No' ) NA This response reflects where the individual left active duty status within 367-days preceding the Active Duty Status Date r - 'I' I 1 _ .1 1 r 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 NA,•- `� ' - No r 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Yhaj& - 4..-M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Deferrse 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: H5H456CB103CH00 UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 leadin l s • udren.com PNC Bank,National Association COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. Cumberland County Linda Phelan a/k/a Linda L. Phelan MORTGAGE FORECLOSURE Richard Phelan a/k/a Richard E. Phelan Defendant(s) NO. 13-4649 PRAECIPE TO ISSUE WRIT OF EXECUTION -_ TO THE PROTHONOTARY: rryrt ; Issue Writ of Execution in the above matter: y c Amount due $ 68,335.13 o _s Interest From 11/21/2013 $ 1,144.64 :tr to Date of Sale March 12,2014 Ongoing Per Diem of$10.22 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, BY: Q </� Attorney`for Plaintiff etI ag Jb a ELIZABETH L WASSALL, ESC, PA ID 77788 l II It `� C L110IJU 13020717 CASE#: 1313020717-1 (40,Sb « 1/45 19q -S 3 Pal a 14a- a 5 P731 8-11WñdRflc4 ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE SECOND WARD OF THEBOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDEDON THE NORTH BY LAND NOW OR FORMERLY OF HANNAH JONES, ON THEEAST AND SOUTH BY LANDS NOW OR FORMERLY OF JENKS,AND ON THEWEST BY SOUTH HANOVER STREET,AND MEASURING ONE HUNDRED FIFTY(150)FEET, MORE OR LESS, FROM NORTH TO SOUTH ON SOUTH HANOVERSTREET, AND EXTENDING IN DEPTH TWO HUNDRED THIRTY (230) FEET,MORE OR LESS, ON BOTH THE NORTH AND SOUTH BOUNDS FROM SOUTHHANOVER STREET LAND NOW OR FORMERLY OF JENKS ON THE EASTBOUND,AND IMPROVED WITH A STONE DWELLING HOUSE KNOWN ANDNUMBERED AS 735 SOUTH HANOVER STREET. BEING THE SAME PREMISES WHICH LAWRENCE W. LYNCH AND JEAN E. LYNCH, HIS WIFE BY DEED DATED MAY 14, 1984 AND RECORDED MAY 30, 1984 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN RECORD BOOK R-30 PAGE 1144, GRANTED AND CONVEYED UNTO RICHARD E. PHELAN AND LINDA L. PHELAN, HIS WIFE, THEIR HEIRS AND ASSIGNS, AS TENANTS BY THE ENTIRETIES. BEING KNOWN AS: 735 South Hanover Street, Carlisle,PA 17013 PROPERTY ID NO.: 03-22-0483-012 TITLE TO SAID PREMISES IS VESTED IN RICHARD E. PHELAN AND LINDA L. PHELAN,HIS WIFE BY DEED FROM LAWRENCE W.LYNCH AND JEAN E. LYNCH,HIS WIFE DATED 05/14/1984 RECORDED 05/30/1984 IN DEED BOOK R30 PAGE 1144. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings udren.com PNC Bank,National Association COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. Cumberland County Linda Phelan a/k/a Linda L. Phelan MORTGAGE FORECLOSURE Richard Phelan a/k/a Richard E. Phelan -Z-10 c z ; cp Defendant(s) NO. 13-4649 CERTIFICATE OF ACT 91 hereby state that as the attorney for the Plaintiff in the above-captioned matter: Act 91 procedures have been fulfilled El Premises is not subject to the provisions of Act 91 as this is an FHA insured mortgage This statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: Attorney for Plaintiff ELIZABETH L WASSALL, ESQ PA ID 77788 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 • pleadings(&udren.com PNC Bank,National Association COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. Cumberland County Linda Phelan a/k/a Linda L. Phelan Richard Phelan a/k/a Richard E. Phelan MORTGAGE FORECLOSURE Defendant(s) NO. 13-4649 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 PNC Bank,National Association,Plaintiff in the above action,by its undersigned attorney,upon information and belief, Udren Law Offices, 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: 735 South Hanover Street,Carlisle, PA 17013 1 ' 1.Name and address of Owner(s) or reputed Owner(s): Linda Phelan a/k/a Linda L. Phelan 735 South Hanover Street Carlisle,PA 17013 (7) a c w � Richard Phelan a/k/a Richard E. Phelan rn co �-= 735 South Hanover Street ° -cr Carlisle, PA 17013 rn c 2. Name and address of Defendant(s) in the judgment: <° -0 Linda Phelan a/k/a Linda L. Phelan 735 South Hanover Street ° Carlisle, PA 17013 Richard Phelan a/k/a Richard E. Phelan 735 South Hanover Street Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: V Stephen J. Maciejewski 3 Eugene Street Greenwich , CT 06830 Citibank (South Dakota) NA C/O Platt Hasenmiller, Leibsker, & Moore LLC 5 Great Valley Parkway,:Suite 100 Malvern, PA 17013-4106 Capital One Bank C/O Edwin L.Abrahamsen and Association 120 North Keyser Avenue Scranton, PA 18504 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: Federal Tax Lien Holders-None Condo/Homeowners Association-None I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: UDREN A' OFF '.C. BY: Attorney for Plaintiff ELIZABETH L WASSALL, ESQ PA ID 77788 MJU#: 13020717 CASE#: 1313020717-1 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 .leadin.s ' udren.com PNC Bank,National Association COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. - Cumberland County LINDA PHELAN A/K/A LINDA L. MORTGAGE FORECLOSURE PHELAN,RICHARD PHELAN A/K/A = `"' RICHARD E. PHELAN Defendant(s) NO. 13-4649 `a.Crs NOTICE OF SHERIFF'S SALE OF REAL PROPERTY f° `�� TO: Linda Phelan a/k/a Linda L. Phelan T' - c 735 South Hanover Street -% c.) Carlisle, PA 17013 Your house (real estate) at 735 South Hanover Street, Carlisle, PA 17013 is scheduled to be sold at the Sheriffs Sale on March 12, 2014 at 10:00am at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court judgment of$68,335.13, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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: 1. The sale will be cancelled if you pay to the mortgagee the back payment,late charges,costs and reasonable attorney's fees. To find out how much you must pay,you may call: (856)669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. 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 on page two 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 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 by calling 856-669-5400. 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 856-669-5400. 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 the 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 30 days after the 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses,or ways of getting your home back,if you act immediately after the sale. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings @udren.com PNC Bank,National Association COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. Cumberland County LINDA PHELAN A/K/A LINDA L. MORTGAGE FORECLOSURE PHELAN,RICHARD PHELAN A/K/A RICHARD E. PHELAN Defendant(s) NO. 13-4649 r� era L ' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY r n cry TO: Richard Phelan a/k/a Richard E. Phelan =r—r' f=3 FT'�— 735 South Hanover Street (DE_ Carlisle, PA 17013 i-- <C -p v c-, =cam Your house (real estate) at 735 South Hanover Street, Carlisle, PA 17013 is scheid t .be sold at the Sheriffs Sale on March 12, 2014 at 10:00am at the Cumberland County< Courthouse, Commissioners Hearing Room,2nd Floor, Carlisle, PA 17013, to enforce the court judgment of$68,335.13, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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: 1. The sale will be cancelled if you pay to the mortgagee the back payment,late charges,costs and reasonable attorney's fees. To fmd out how much you must pay,you may call: (856)669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. 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 on page two on how to obtain an attorney.) 2 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES 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 by calling 856-669-5400. 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 856-669-5400. 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 the 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 30 days after the 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses,or ways of getting your home back,if you act immediately after the sale. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4649 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK,NATIONAL ASSOCIATION Plaintiff(s) From LINDA PHELAN A/K/A LINDA L.PHELAN,RICHARD PHELAN A/K/A RICHARD E. PHELAN (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $68,335.13 L.L.: $.50 Interest FROM 11/21/2013 TO DATE OF SALE MARCH 12,2014-ONGOING PER DIEM OF $10.22 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE- $1,144.64 Atty's Comm: Due Prothy: $2.25 Atty Paid: $199.53 Other Costs: Plaintiff Paid: Date: 11/26/13 `-bav id J7 7:goaI I David Buell,Prothonota ' .(Seal,. By: L IQ K. %q —ha• Deputy ,-REQUESTING PARTY: Name: MIZABETH L.WASSALL,ESQUIRE Address:UDREN LAW OFFICES,P.C. 'WOODCREST CORPORATE CENTER, 111 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 77788 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff " i f_i�.�)-�-_:-�:F,-.• VP Jody S Smith 410,111 w Chief Deputy �Jf�f t . J °� �"�' 5-7 Richard W Stewart " Solicitor OFFICE OF THE SHERIFF PNC Bank National Association vs. Case Number Linda Phelan a.k.a Linda L. Phelan (et al.) 2013-4649 SHERIFF'S RETURN OF SERVICE 12/30/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $95.08 SO ANSWERS, January 14, 2014 RbNKY R ANDERSON, SHERIFF pd- �. (c)CountySuite Sheriff,Teleosoft,Inc. On December 11, 2013 the Sheriff levied upon the r defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 735 South Hanover Street, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. 1 i Date: December 11, 2013 By: �_ � ► Real Estate Coordinator i 1 10 -11 `d LZWN1101 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: SHERRI J. BRAUNSTEIN, ESQUIRE- ID #90675 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings @udren.com PNC Bank,National Association COURT OF COMMON PLEAS CIVIL DIVISION rt Plaintiff Cumberland County z. V. C ' P Linda Phelan a/k/a Linda L. Phelan Richard Phelan a/k/a Richard E. Phelan NO. 13-4649 Civil Term c�"; Defendants MOTION FOR REASSESSMENT OF DAMAGES Plaintiff, PNC Bank,National Association,by its Counsel, Udren Law Offices, P.C., and the undersigned Attorney,moves the Court to direct the Prothonotary to reassess the damages in this matter and in support thereof avers the following: 1. This is an action in mortgage foreclosure in which Plaintiff entered judgment against the Defendants in the in rem amount of$68,335.13, on November 26, 2013. A true and correct copy of the Praecipe for Judgment is attached hereto as Exhibit"A". 3. The mortgaged premises is currently scheduled for the March 12, 2014 Sheriffs Sale. 4. Subsequent to the entry of judgment, additional sums have been incurred, which sums include,but are not limited to,taxes, insurance and ongoing per diem interest. Defendants have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal of debt due and unpaid $59,666.37 Interest at 6.25% from 08/01/2012 to 12/31/2013 $5,278.67 (the per diem interest accruing on this debt is $10.22 and that sum should be added each day after 12/31/2013) Escrow Overdraft/Balance $10,852.50 Late Charges $945.40 Property Inspections $177.00 BPO/Appraisal Fees $129.00 Foreclosure Costs To Date $3,926.69 Attorneys Fees $1,650.00 TOTAL $82,625.63 5. Under the terms of the Mortgage, Plaintiff is entitled to inclusion of the amounts set forth in paragraph 4 as part of the judgment, and accordingly, attached hereto as exhibits `B" and"C," are the Mortgage and Note, allowing Mortgagee to charge Mortgagors the amount set forth herein, including, inter alia, attorney fees, costs of suit, and authorizing Mortgagee to place insurance if Mortgagors fail to do so. 6. This case has not been previously assigned to a judge. 7. The Defendant is represented by William P.Douglas,Esquire from whom counsel for Plaintiff has sought concurrence on December 20,2013,and despite having provided an opportunity to indicate concurrence or non-concurrence,no response has been received as of the filing of this motion. WHEREFORE, Plaintiff prays and respectfully requests that the Honorable Court grant its Motion and allow the damages to be reassessed, in rem, in the amount of$82,625.63, as set forth hereinabove. lly sub • -d, U ,•_ ES, P.C. Attorney for tiff Sherri J. Braunstein, Esquire WOLP1 Attorneys at Law BY: Nath.'' 'olf,Esquire Loca .unsel for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: SHERRI J. BRAUNSTEIN,ESQUIRE- ID #90675 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings @udren.com PNC Bank,National Association COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff Cumberland County v. Linda Phelan a/k/a Linda L. Phelan Richard Phelan a/k/a Richard E. Phelan NO. 13-4649 Civil Term Defendants PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR REASSESSMENT OF DAMAGES As a result of the passage of time, Plaintiff has requested adjustment of the in rem Judgment as set forth in its Motion to properly reflect the sums now due Plaintiff. Those sums reflect additional interest, late charges, escrow deficit (which may reflect insurance payments and taxes paid), and additional costs of suit, all of which are authorized by the loan documents, true and correct copies of which are attached to the Motion. It has been held that judgments bear interest from the time obtained or until, at least, time of sale or until satisfaction can be made. Interest is a legal incident of every judgment. Koolvent Aluminum Awning Co v. City of Pittsburgh., 192 Pa. Super. 650, 653, 162 A.2d 256, 257 (1960). A contract for post judgment rate above the so-called statutory rate of 6%per annum is allowable. Sicari v. Baruam, et.al,43 D. & C. 3d. 647 (1986, C.C.P. of Somerset County, Pa.) With regard to the pre judgment and post judgment interest being claimed herein, Plaintiff is charging the contract rate of interest per the terms of the Mortgage (paragraph 27) and Note documents. See, Exhibits `B" (Mortgage) and "C" (Note) attached hereto. The pertinent paragraphs of the Mortgage and Note are highlighted. Escrow overdraft (property taxes and property insurance),property inspection (the protection of the secured interest of the Plaintiff by a checking of the Property to make sure it is not vacant, and if vacant, has not been broken into) and Foreclosure Costs are allowable pursuant to the terms of the Mortgage and Note as highlighted. Reasonable attorney fees with regard to a collection action in mortgage foreclosure are allowable pursuant to paragraph 22 of the Mortgage. The Pennsylvania Courts have concluded that as much as 5% or even 10% of the principal balance can be reasonable in the calculation of attorney's fees, and that such amount is enforceable. See, Federal National Mortgage Association v. U.S.A., 33 Pa. D. & C. 3d. 152, 156 (1982); Federal Land Bank of Baltimore v. Fetner, 269 Pa. Super. 455, 410 A. 2d. 344 (1979). Under the circumstances in the case, considering the additional efforts Plaintiff has been forced to pursue to recover what is due, the attorney's fees recited herein are reasonable. Therefore, Plaintiff prays and respectfully requests that the Honorable Court grant its Motion and allow the damages to be reassessed in the amount of$82,625.63, as set forth hereinabove. 6 ed' muirils By: - • . ' .rntiff Sherri ]. Brauns ein, Esquire PAID ' ;675 WOLF & , • , A • - s at Law BY: // athan C. i o Esquire Local Cou sel for Plaintiff • UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 lea' n udren.com PNC Bank,National Association COURT OF COMMON PLEAS 3232 Newmark Drive CIVIL DIVISION Miamisburg,OH 45342 Cumberland County Plaintiff v. MORTGAGE FORECLOSURE LINDA PHELAN A/K/A LINDA L.PHELAN (.} ,P ' 735 SOUTH HANOVER STREET CARLISLE,PA 17013 NO.13-4649 -o e'' RICHARD PHELAN A/K/A RICHARD E.PHELAN ors r 735 SOUTH HANOVER STREET --, CARLISLE,PA 17013 Defendant(s) 2p = f' PRAECIPE FOR JUDGMENT FOR FAILURE TO r- ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s),LINDA PHELAN A/K/A LINDA L.PHELAN;RICHARD PHELAN A/K/A RICHARD E.PHELAN;for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiffs damages as follows: FROM TO Unpaid Principal Balance $59,666.37 Interest Per Complaint $3,663.56 Additional Interest 07/26/2013 11/20/2013 $1,205.96 Late Charges Per Complaint $945A0 Additional Late Charges 07/26/2013 11/20/2013 $651.24 Escrow Per Complaint $2,085.60 Property Inspections $117.00 Grand Total $68,335.13 I hereby certify that(1)the addresses of the Plaintiff and Defendant are as shown above,and(2)that notice has been given in accordance with Rule 237.1,a copy of which is attached hereto. UDREN LA LA�Ai�FICES,P.C. BY:Attorney for Plaintiff E BETH L WALL, ESC, DAMAGES ARE HEREBY ASSESSED AS INDICATED - —� — PA ID 7 DATE: PO PRO PRO - ---- I BIT A MJU#: 13020717 CASE#: 1313020717-1 C ° • , ,„ loot, 7 ' Q 7,FGL r ..;aL.i.l t:_vl.:� RDEP OF DEED3 _r .uD C^'.:NT'Y ?DOS NOU 2 1111 10 96 Prepared By Michele Wendling 1097 Commercial Avenue P.O. Box 38 East Petersburg, PA 17520 800-275-9920 Return To: Pennsylvania State Bank 1097 Commercial Avenue P.O. Box 38 East Petersburg, PA 17520 800-275-9920 Parcel Number: 03-22-0483-012 Premises: 735 South Hanover Street, Carlisle PA 17013 [Spore Above This Use For Recording Data[ MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A)"Security Instrument"means this document,which is dated October 27, 2006 together with all Riders to this document. (B)"Borrower"is Richard E. Phelan and Linda L. Phelan Borrower is the mortgagor under this Security Instrument (C)"Lender"is Pennsy I van i a State Bank phelan ref PENNSYLVANIA-Single Family-Fan&MaefFraddls Mac UNIFORM INSTRUMENT Fona 3039 1101 4114/PA)pm) Pw.,0,16 initials: VMP Mortgage 9Olutben.Inc.(eco>ss,aze, EXHIBIT B II 197 1 PG2763, Lender is a State Banking Association organized and existing under the laws of Pennsy I van i a Lender's address is 2148 Market Street Camp Hill , PA 17011 Lender is the mortgagee under this Security Instrument (D)"Note"means the promissory note signed by Borrower and dated October 27, 2006 The Note states that Borrower owes Lender Two Hundred Ninety Thousand and 00/100 Dollars (U.S. $290,000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 1, 2016 (E) 'Property"means the property that is described below under the heading "Transfer of Rights in the Property." (F)Loan"means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due wider the Note, and all sums due under this Security Instrument,plus interest. (G) "Riders"means all Riders to this Security Instrument that me executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: ❑Adjustable Rate Rider I I Condominium Rider El Second Home Rider El Balloon Rider I I Planned Unit Development Rider I-4 Family Rider I I VA Rider n Biweekly Payment Rider Other(s)[specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments"means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument„ which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct or authorize a financial institution to debit or credit an account Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K)"Escrow Items"means those items that are described in Section 3. (L) "Miscellaneous Proceeds"means any compensation, settlement, award of damages, or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for: (i) damage to, or destruction o1 the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation; or(iv)misrepresentations of, or omissions as to, the value and/or condition of the Property. {..,----,Mortgage Insurance"means insurance protecting Lender against the nonpayment of, or default on, the Loan. phe l an ref i NIN�b: , 41114(PA)(o5011) Pap of is LLp Fo1m 3030 1/01 EIK ! 97IPG2764 --- (N)'Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note, plus(ii)any amounts under Section 3 of this Security Instrument. (0) "RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 at seq.)and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a"federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"under RESPA. (P) 'Successor in Merest of Borrower"means any party that has taken title to the Property, whether or not that party has assumed Borrow&s obligations under the Note and/or this Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (i)the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County [Type of Recording Jurisdiction] of Cumber l and [Nuns of Recording Jurisdiction]: which currently has the address of 735 South Hanover Street [sweet] Carlisle [City], Pennsylvania 17013 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of dig pry y. All repiacemehts and_ additions shall also be covered by this Security Instrument. AU of the foregoing is referred to in this Security Instrument as the"Property." pre I an ref i — —� MOM ate: Ike(PA)(osoe) P8os3 of to ,n tin Form 3039 1101 BKI971PG2765a • BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan currant If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower.If not applied earlier, such fiords will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c)amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and thy.;p�d Vie. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments it and to the extent that, each payment can be — " - phe lan ref i 411•i(PA)pews pip of le Form 3031 1/01 ek 197 I PG2766' paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum(the"Funds")to provide for payment of amounts due for: (a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Larder and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower''s obligation to make such payments and to provide receipts shall far all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower Ms to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts,that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and(b) not to exceed the maximum amount a lender can require under RESPA. Lander shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity(including Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an areement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall-usn-bepired to pav *ower _-- any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest phe I an ref i _ — taeWa: 41114(PA)cone) Pare 6 or le LL Form aoaa 1101 0197IPG2767' ---�^— --- 7 — — — • shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance a with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and Impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees,and Assessments, if any.To the extent that these itans are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Leader may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shalt keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or(b)a one-time charge for flood zone determination and certification services and subsequent charges each time renappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. �— — Phelan refi ��`� ---- Mklah: �J`1 eV(PA)loaoe) P.es a or 16 LL P Form 303$ 1/01 OK'l 971 PG2768' If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either even, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. -- -- the Tart ref i _—_ ate(PA)(seen) Paoe t of 1e t f V Form 5039 1101 8I( 197IPG2769 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at last one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Properly; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or comma waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection tion with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest is the Property and Rights Under this Security lastrument.If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or(c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a)paying any sums secured by a lien which has priority over this Security Instrhunent; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or uu. Although Lender!"gy take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. phelan refi A��+� Lance KJ�t� ,4(PA)moe> Pae.a of>e l_L� Form 3030 1/01 BC1971PG2 770 . . • Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting If this Security Immanent is on a leasehold, Borrower shall comply with all the provisions of the li the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiwns for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously hi effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lander shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a tan-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written between Borrower and Lender providing for such termination or until termination is required by �le Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses.These agreements are on terns and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these ageements. These agreements may require the mortgage insurer to make payments using any source of fiends that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any Masser, • any other entity, or any affiliate of any of the foregoing, may receive(directly or indirectly)amounts that derive from(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often tamed"captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loam. Such agreements win uniinerease the enionot—._.-- Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any reread. pie t an ref i Mail,: 1114(PA)(OBOE) Page o of Id L.L,^ Form 3031 1101 INI971PG27.71 L (b)Aoy such agreemeab will not affect the rights Borrower has-if any-with respect to the Mortgage Insarance under the Homeowners Prettied= Act of 19911 or any other law. These rights Wray include the right to receive certain dbclosenes, to request and obtain caaaWt o. of the Mortgage Insurance, to have the Mortgage Insurance terminated aubeeaticafy, and/or to receive a reread of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. AU Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security Is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender' security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property Immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking,destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured that owes BorrroowerMiscellaneo Proceeds whetre r the not then due. st whom Borrower wPeybema right third party party against right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun drat, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest hi im—Froperty or rig hits_his-Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be phelan refi Min — -- eV MA)NB?6) r w he of Ie l_�� Foem 30310 1101 O 1 971 PG2772 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearsace By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Uabfity; ; Successors and Assigns Boatnd. Borrower covenants and agrees that Borrower's obligations and .shall be joint and several.However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b)is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument ht writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Dander's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally hcderpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, there (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b)any sans already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment change (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such resod made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. _--- 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to phe Ian refs Initials: se IPA)(oeoa) P.g.+Io le LLP Form$0311 1101 81I97IPG2773 T - -- have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Larder's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If airy notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rake of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding natter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and(c)the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property, includnug, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a fixture date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date die notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instilment Those conditions ��:borrower (al trays bender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or phe 1 an ref i 1111.11111111 h as.r.; 1111114(PAltosoe) P.9.120116 LP Form3039 1101 tit I971P62774 agreements; (c)pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights wider this Security Instilment; and(d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or(d)Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer;Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Service, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Service.and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join, or be joined to any judicial action(as either an individual litigant or the member of a cl ass) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason ot; this Security Instrument, until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and(d)an"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. pie t an ref i _ ____—._..___—____-_ �nKiw: alp(PA)(oeoep Pogo re.or 1e Form 30311 1101 81 1971 PG2775 • • Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property(a)that is in violation of any Environmental Law, (b)which creates an Environmental Condition, or(c)which, due to the presence, use, or release of a Hazffidous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(inc but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the and any Hazardous Substance or Environmental Law of which Borrower has actual knowl te (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any ental or regulatory authority, or any private party, that any removal or other rernediation of any Hazardous Substance affecting the Property is necessary,Borrower shall punptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein Amll create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration fallowing Borrower's breach of any covenant or agreemest in this Security Instrument (bat not prior to acceleration under Section 18 unless p bie Law provides otherwise). Lender shall notify Borrower of among other things:(a)the default(b)the sedge required to care the default;(c)when the default must be cured; aid (d) that Mare to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shalt further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-axisteaee of a delimit or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate ent in full of all suns secured by this Security Instrument without further demand and may ►i eelom se this Security Indmmmt by judicial proceeding. Leader shall be entitled to collect all expenses inured in pursuing the remedies provided in this Section 2.2, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security y Instrument, this Security Instnnnent and the estate conveyed shall ter minate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instnnnent, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument be a purchase money . 27. Interest Rate After Judg not— wer agrees that the interest rate payable after a j is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. phelan ref i IMIYM: 411114(PA)(050,) Pogo 14 of 10 Fenn 3030 1101 11971PG2776. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: Q .��Q�eal) Richard E. Phelan -Borrower Linda L. Phelan -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower phelan refi 411110(PA)pm) Pao 15 or 16 Form 3030 1101 1 971 P&2777 . . • COMMONWEALTH OF PENNSYLVANIA, Cd Aabett d county ss: On this, the 2Z day of 005t"‘ , before me,the undersigned officer, personally appeared Richard E. Phelan, Linda L. Phelan known to me(or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the stone fa the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: 4fic.an_-Lya Zagtandasuitamitss Notarial Seal hp.) WM"Mar/Public niNtiPuen YMipCpp�u�y My Commlaalon 6apkee Apr,29/20f0 thamber, �• of Nololos Title of Officer Certificate of Residence P$�a(A, , do hereby certify that the correct address of the within-named Mortgagee is 2148 Market Street Camp Hill , PA 17011 Witness my hand this 27th day of October 2006 Agent of Mortgagee phe l an ref i S — _______ Inasir 414(PA)(NM Pop to of to L LP Fora 3039 1101 1. 971 PG277.8 , . •. • Exhibit "A" File No.06-229938FPWB ALL THAT CERTAIN tract of land situate in the Second Ward of the Borough of Carlisle, Cumberland County,Pennsylvania,bounded on the North by land now or formerly of Hannah Jones,on the East and South by lands now or formerly of Jenks,and on the West by South Hanover Street,and measuring one hundred fifty(158)feet,more or less,from north to south on South Hanover Street,and extending in depth two hundred thirty(230) feet,more or less,on both the north and south bounds from South Hanover Street land now or formerly of Jenks on the east bound,and improved with a stone dwelling house known and numbered as 735 South Hanover Street. B EING THE SAME PREMISES which Lawrence W. Lynch and Jean E. Lynch, his wife by deed dated May 14,1984 and recorded May 30,1184 In the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania in Record Book R-30,Page 1144,granted and conveyed unto Richard E. Phelan and Linda L.Phelan,his wife,their heirs and assigns,as tenants by the entireties. I Certify this to be recorded In Cumberland County PA :. ,..,...._,.. ... ( - ' 7 ,',-r 0 r Dr.i..ds EXHIBIT A TO MORTGAGE.DOC 1 1 9 7 1 pc 2 7 7 T. _____ . _ - — . . _ _ . • 0 y NOTE L!J October 27,2006 East Petersburg Pennsylvania [Date] [City] [State] • 735 South Hanover Street Carlisle,PA 17013 [Property Address] • 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S.$290,000.00 (this amount is called "Principal"),plus interest,to the order of the Lender.The Lender is Pennsylvania State Bank,State Banking Association I will make all payments under this Note in the form of cash,check or money order. I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid.I will pay interest at a yearly rate of 6.2500%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section • 6(B)of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on December 01,2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note.Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal.If,on November 01,2016 ,I still owe amounts under this Note,I will pay those amounts in full on that date,which is called the"Maturity Date." I will make my monthly payments at at any branch of,Pennsylvania State Bank or at a different place if required by the Note Holder. (B) Amount of Monthly Payments . My monthly payment will be in the amount of U.S.$3,256.12 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due.A payment of Principal only is known as a"Prepayment."When I make a Prepayment,I will tell the Note Holder in writing that I am doing so.I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge.The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply.my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note.it 1 make a partial Pr-° _;;^:e;there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fonts 32001/01 _ — GREAT:MS• ITEM 1641.1(0312) (Page 1 of 3 pages) To Odor 01:1.00666.6775 0 Fac 6184434N phelan refl EXHIBIT C 1 5. LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,then: (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from me which exceeded permitted limits will be refunded to me.The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal,the reduction will be treated as a partial Prepayment. • 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due,I will pay a late charge to the Note Holder.The amount of the charge will be 5.0000% of my overdue payment of principal and interest.I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. (C) Notice of Default If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount.That date must be at least 30 days after the date on which the notice is mailed to me or .delivered by other means. • (D) No Waiver By Note Holder Even if, at a time when I am in default,the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example,reasonable attorneys'fees. 7. GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things.Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts.owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. " _ __ "Presentment"means the right to require the Note Holder to demand payment of amounts due."Nonce OfTDi onor"mea.. the right to require the Note Holder to give notice to other persons that amounts due have not been paid. ' 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions.In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the"Security Instrument"),dated the same date as this Note,protects the-N_.•*-=H.ld r from possible losses which might result if I do not keep the promises which I make in MULTISTATE FIXED RATE NOTE—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT t. Form 32001/01 GREATECCS• ITEM 164%2(0312) (Page 2 013 pages) To Oder01:140008567750 Ric616.1643486 phelan refs this Note.That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note.Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without thither notice or demand on Borrower. Borrower has executed and acknowledges receipt of pages 1 through 3 of this Note. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. \zsc • I (Seal) _ (Seal) Richard E.Phelan -Borrower Linda L Phelan -Borrower • (Seal) (Seal) -Borrower -Borrower • (Seal) (Seal) -Borrower -Borrower [Sign Original Only] • MULTISTATE FIXED RATE NOTE—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 101 GREAT0CCS• ITEM 1048&3(0314) (Page 3 013 pages) To oarCL1:1-0OOae 4 1,9488 phelan refl UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: SHERRI J. BRAUNSTEIN, ESQUIRE-ID #90675 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings @udren.com PNC Bank,National Association COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff Cumberland County v. Linda Phelan a/k/a Linda L. Phelan Richard Phelan a/k/a Richard E. Phelan NO. 13-4649 Civil Term Defendants CERTIFICATE OF SERVICE The undersigned ,hereby certifies that true and correct copies of the Plaintiffs Motion for Reassessment of Damages, Brief in Support, were served upon the following person(s) named herein at their last known address or their attorney of record. xxxxxxx Regular First Class Mail Certified Mail Other(certificate of mailing) Date Served: January it, 2014 TO: Linda Phelan a/k/a Linda L. Phelan Richard Phelan a/k/a Richard E. Phelan 735 South Hanover Street 735 South Hanover Street Carlisle, PA 17013 Carlisle, PA 17013 Defendant Defendant William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 Attorney for Defendants 4.C.• By: -y or Plaintiff • Sherri J. Braunstein, Esquire PA ID 90675 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 ° pleadings @udren.com 'dam " , PNC Bank, National Association COURT OF COMMON PLEAS Tvc Plaintiff CIVIL DIVISION .41,* Co) v. Cumberland County 'o o-T; =to N c Linda Phelan a/k/a Linda L. Phelan Richard Phelan a/k/a Richard E. Phelan NO. 13-4649 Civil Term Defendants RULE TO SHOW CAUSE AND NOW, this d24 day of?AtiAzt. , 2014 upon consideration of the foregoing Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to relief requested; , d&yP 2. The Respondent may file an Answer to the Petition on-er bofece 3. The Petition shall be decided under Pennsylvania Rule of Civil Procedure 206.7; 2. i .. - - - - . .. . _ .. • . e e a e • 5. Argument shall be held e • '-`-i '�`"� �oQw'� - --- - •• - - - e 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner. BY TH COURT: 4 /4._ J. DISTRIBUTION LIST: rri J. Braunstein, Esquire: Udren Law Offices, P.C., Woodcrest Corporate Center, 111 Woodcrest Road, Suite 200, Cherry Hill, NJ 08003, phone: 856-669-5400, email: pleadings@udren.com inda Phelan a/k/a Linda L. Phelan, 735 South Hanover Street, Carlisle, PA 17013 Richard Phelan a/k/a Richard E. Phelan, 735 South Hanover Street, Carlisle, PA 17013 iam P. Douglas, Esquire, 43 W. South Street, Carlisle, PA 17013, Attorney for Defendants t• .i' L iivt3Ay 7/77 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings@,udren.com PNC Bank,National Association COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff CUMBERLAND COUNTY V. Linda Phelan a/k/a Linda L. Phelan rn rn Richard Phelan a/k/a Richard E. Phelan No. 13-4649 =cnr Defendants ° c= " �►c> . =G o , CERTIFICATE OF SERVICE OF RULE TO SHOW CAUSE 3> The undersigned attorney hereby certifies that I have served or caused to be served true and correct copies of the Rule to Show Cause with a Rule Returnable Date of 20 days from Service with regard to Plaintiff's Motion for Reassessment of Damages upon the following person(s) named herein at their last known address or their attorney of record. xxxxxxx Regular First Class Mail Date Served: January 31 , 2014 TO: Linda Phelan a/k/a Linda L. Phelan Richard Phelan a/k/a Richard E. Phelan 735 South Hanover Street 735 South Hanover Street Carlisle, PA 17013 Carlisle, PA 17013 Defendant Defendant William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 Attorney for Defendants 'f OFFICES '.C. Attorney for Plaintiff Sherri J. Braunstein, Esquire PA ID 90675 UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings@udren.com PNC Bank,National Association COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. Cumberland County c' Linda Phelan a/k/a Linda L.Phelan Richard Phelan a/k/a Richard E.Phelan NO. 13-4649 Civil Term • -�' Defendants tit �+T RULE TO SHOW CAUSE z ismt b AND NOW,this G93,4 day of ,k 2014 upon consideration ofte feftegallig Petition,it is hereby ORDERED that: (/ 1. A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to relief requested; ,r I 2. The Respondent may file an Answer to the Petition , 3. The Petition shall be decided under Pennsylvania Rule of Civil Procedure 206.7; _. 1• • . ._ _ • - • .. l - •• •• __ .r. •tt • RI •F: f- • AIM v IF ,.r, YM' L'i .:'K•,r. �v - 5. Argument shall be held cr 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner. BY T I COURT: 4 / I. DISTRIBUTION LIST: Sherri J. Braunstein, Esquire: Udren Law Offices, P.C., Woodcrest Corporate Center, 111 Woodcrest Road, Suite 200, Cherry Hill, NJ 08003, phone: 856-669-5400, email: pleadingsQudren.com Linda Phelan a/k/a Linda L.Phelan,735 South Hanover Street,Carlisle,PA 17013 Richard Phelan a/k/a Richard E.Phelan,735 South Hanover.Street,Carlisle,PA 17013 William P. Douglas,Esquire,43 W. South Street,Carlisle,PA 17013,Attorney for Defendants i oX7l72 /Pt, ivsMS PI' DOUGLAS LAW OFFICE 43 WEST SOUTH STREET WILLIAM P.DOUGLAS,ESQ. CARLISLE PA 17013 Supreme Court I.D.#37926 TELEPHONE 717-243-1790 PNC Bank, National Association In the Court of Common Pleas of Plaintiff Cumberland County Pennsylvania vs No. 2013—4649 Civil Term C, Linda Phelan a/k/a Linda L. Phelan, Richard Phelan a/k/a Richard E. - Phelan Civil Action-Law �;.M rrnn '-nF �-::0 Jury Trial Demanded 2,-r-, o Q Defendants C CI Defendants' Answer to Motion for Reassessment of Damages including new matter 1. Denied as stated. It is admitted that judgment was entered on November 26, 2013 in the amount of$68,335.13. 2. In response to the judgment entered as referenced in paragraph 1 a cashiers check dated November 27, 2013 in the amount of $68,335.13, made payable to Udren Law Firm, P.C. as requested, was sent by the defendants via overnight courier and received by the counsel for the plaintiff on Monday December 2, 2013. Counsel for the defendant did not cash the check but rather sent it to William P. Douglas. Contemporaneous therewith (late November early December) the office of counsel for the plaintiff (not including local counsel Nathan Wolf) then told counsel for the defendant that the plaintiff had incurred sheriffs costs of $1500.00 to list this property for sale with the sheriff which had not yet occurred and didn't occur until December 12, 2013. The plaintiff also claims that they had to pay an additional cost to the sheriff in the amount of $1628.75 (which they titled "Previously Paid Foreclosure Fees and Costs" and never paid to anyone) to have this matter removed from the sale list. Both claims are false. The total expense incurred by the plaintiffs with the sheriff was$95.08. . 3. Denied. The property is not scheduled for sale by the sheriff. t f 4. Denied. Due to the previous misrepresentations made by the office of counsel for the plaintiff, and their continued efforts to rename and include costs and expenses in their motion that have not been incurred, the defendants requests that a full and complete itemization of what foreclosure expenses and escrow items they claim are due and owing, including to whom, for what and when if ever they were paid. 5. Denied. The defendants tendered payment to the plaintiff and the plaintiff refused to negotiate the proceeds. The defendants should not be responsible for any expense the plaintiff voluntarily elects to incur nor be required to pay additional interest. 6. In the alternative the defendants respectfully request that they be permitted to pay the judgment as entered on November 26, 2013, in the amount of$68,335.13 together with the per diem of $10.22, from November 20, 2013 until December 2, 2013 (the date the payment of the judgment was received by plaintiff's counsel). WHEREFORE, it is prayed that the motion of the plaintiff be dismissed and the defendants be permitted to pay the judgment as outlined in paragraph 6. In the alternative, the plaintiff be order to itemize any and all foreclosure costs and escrow expenses they claim to have incurred and to whom and when it was paid. Respectfully submitted January 28, 2014 AFFIDAVIT I HEREBY SWEAR OR AFFIRM THAT THE INFORMATION CONTAINED IN AFORESAID COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND/OR INFORMATION AND BELIEF. THIS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S.§ 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Richard E. Phelan January 28, 2014 i From: "Brewbaker, Claudia" <cbrewbaker@ccpa.net>(f Subject: (No Subject) Date: January 28, 2014 2:06:43 PM EST To: "Douglaslaw@mac.com" <douglaslaw @mac.com> 1 Attachment, 81 KB The information in this message may be privileged and confidential and protected from disclosure. If the reader of this message is neither the intended recipient, nor an employee or agent responsible for delivering this message to the intended recipient, then you are hereby notified that any dissemination, distribution, unauthorized use, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to this message and deleting it from your computer. Thank you, Cumberland County, PA. PNC Bank National Association I vs. Case Number Linda Phelan a.k.a Linda L.Phelan(et al.) 2013-4649 REAL ESTATE SALE REQUEST LEDGER DATE CATEGORP MEMO CHK# DEBIT CREDIT 12112/2013 Advance Fee Advance Fee 58921 $0.00 $1,500.00 12/12/2013 Docketing $30.00 $0.00 12/12/2013 Postage $0.46 $0.00 12112/2013 Levy $15.00 $0.00 12/12/2013 Poundage $1.87 $0.00 12/12/2013 Surchage $30.00 $0.00 12/12/2013 Advertising $15.00 $0.00 12/12/2013 Prothonotay 94612 $2.75 $0.00 01/1412014 Reftund 94611 $1,404.92 $0.00 $1,500.00 $1.500.00 TOTAL BALANCE: $0.00 t O n CT �x�T p A� K 60-1503 DATE 11/27/2013 085933 P.O. BOX�2.5001SHIIPPPVENNSIBVURG.CPIA117257 313 1 Law 1 PAY TO THE Undren Law Firm P.C. ORDER OF g t Sixty Eight Thousand Three Hundred Thirty Five and 13/10 DOLLARS � CASHIER'S CHECK VOID AFTER 6 MONTHS Remitter 13- 9 --- --11'0 8 5 9 3 311' 1:0 3 L3 L SO 36 Il: L 0 3 0 0 4 6 0 2 Ii' ------ UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@ndren.com PNC Bank, National Association Plaintiff V. Linda Phelan a/k/a Linda L. Phelan Richard Phelan a/k/a Richard E. Phelan Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 13-4649 Civil Term RULE TO SHOW CAUSE OS , > AND NOW, this ea44 day of 2014 upon consideration of Te ffflegatig Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to relief requested; za atEgy 2. The Respondent may file an Answer to the Petition en-or -befefe------, 3. The Petition shall be decided under Pennsylvania Rule of Civil Procedure 206.7; 5. Argument shall be held --Gourtroom.--- 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner. DISTRIBUTION LIST: Sherri J. Braunstein, Esquire: Udren Law Offices, P.C., Woodcrest Corporate Center, 111 Woodcrest Road, Suite 200, Cherry Hill, NJ 08003, phone: 856-669-5400, email: pleadings@udren.com Linda Phelan a/k/a Linda L. Phelan, 735 South Hanover Street, Carlisle, PA 17013 Richard Phelan a/k/a Richard E. Phelan, 735 South Hanover Street, Carlisle, PA 17013 William P. Douglas, Esquire, 43 W. South Street, Carlisle, PA 17013, Attorney for Defendants • EXHIBIT A 37i7-2 IkAAL N)S.)'i-2'")A26`. ivsms1 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856- 669 -5400 pleadings @udren.com PNC Bank, National Association Plaintiff v. Linda Phelan a/k/a Linda L. Phelan Richard Phelan a/k/a Richard E. Phelan Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 13 -4649 Civil Term MOTION TO MAKE RULE ABSOLUTE Plaintiff, PNC Bank, National Association, by its Counsel, Udren Law Offices, P.C., and the undersigned Attorney, moves for a Rule Absolute, thereby granting Plaintiff the relief prayed for in its Motion for Reassessment of Damages and in support thereof, avers as follows: 1. A Motion for Reassessment of Damages, together with a Rule to Show Cause why said Motion should not be granted was filed by counsel for Plaintiff on January 21, 2014. 2. The Rule to Show Cause was entered on January 23, 2014 with a Rule Returnable date of 20 days from the Date of Service. A true and correct copy of the Rule is attached hereto as Exhibit "A ". 3. On January 31, 2014, a true and correct copy of the Rule to Show Cause Order was served upon all the Defendant(s), interested person(s), and /or attorney(s) Via First Class Mail as certified to by the Order provided by the Cumberland County Prothonatary. A true and correct copy of the Certificate of Service of Rule is attached hereto as Exhibit "B ". 4. To the best of Plaintiffs knowledge, information and belief, no response was filed or any objections interposed by any of the served parties, attorneys , and/or interested persons. Therefore, no cause has been shown as to why the relief prayed for in said Motion for Reassessment of Damages should not be granted. 5. The Rule to Show Cause should be made Absolute and the relief prayed for in the Plaintiffs Motion for Reassessment of Damages should be granted. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order making the Rule Absolute and therefore grant the relief prayed for in its Motion for Reassessment of Damages. Attorney for Plaintiff Sherri J. Braunstein, Esquire PA ID 90675 UDREN LAW OH ICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856 -669 -5400 pleadings@ndren.com PNC Bank, National Association Plaintiff v. Linda Phelan a/k/a Linda L. Phelan Richard Phelan a/k/a Richard E. Phelan Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 13 -4649 Civil Term RULE TO SHOW CAUSE AND NOW, this AA day o Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent to show cause why the Petitioner is not 2014 upon consideration of tfie t%#egc4g entitled to relief requested; z4 darr 2. The Respondent may file an Answer to the Petition per befefe , 3. The Petition shall be decided under Pennsylvania Rule of Civil Procedure 206.7; Notice of the entry of this Order shall be provided to all parties by the Petitioner. DISTRIBUTION LIST: Sherri J. Braunstein, Esquire: Udren Law Offices, P.C., Woodcrest Corporate Center, 111 Woodcrest Road, Suite 200, Cherry Hill, NJ 08003, phone: 856- 669 -5400, email: pleadings@udren.com Linda Phelan a/k/a Linda L. Phelan, 735 South Hanover Street, Carlisle, PA 17013 Richard Phelan a/k/a Richard E. Phelan, 735 South Hanover. Street, Carlisle, PA 17013 William P. Douglas, Esquire, 43 W. South Street, Carlisle, PA 17013, Attorney for Defendants 4 EXHIBIT A �30 77-2 tvvv,,s1 e, 5612A. UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856 - 669 -5400 pleadingseudren.com PNC Bank, National Association Plaintiff v. Linda Phelan a/k/a Linda L. Phelan Richard Phelan a/k/a Richard E. Phelan Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 13-4649 CERTIFICATE OF SERVICE OF RULE TO SHOW CAUSE The undersigned attorney hereby certifies that I have served or caused to be served true and correct copies of the Rule to Show Cause with a Rule Returnable Date of 20 days from Service with regard to PlaintiWs Motlonior Reassessment ofDamages upon the following person(s) named herein at their last known address or their attorney of record. xxxxxxx Regular First Class Mail Date Served: January 31 , 2014 TO: Linda Phelan a/k/a Linda L. Phelan '735 South Hanover Street Carlisle, PA 17013 Defendant William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 Attorney for Defendants EXHIBIT B Richard Phelan a/k/a Richard E. Phelan 735 South Hanover Street Carlisle, PA 17013 Defendant Attorney for Plaintiff Sherri J. Braunstein, Esquire PA ID 90675 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856- 669 -5400 pleadings @udren.com PNC Bank, National Association Plaintiff v. Linda Phelan a/k/a Linda L. Phelan Richard Phelan a/k/a Richard E. Phelan Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 13 -4649 Civil Term CERTIFICATE OF SERVICE The undersigned certifies that true and correct copies of Motion to Make Rule Absolute were sent to the following person(s) named herein at their last known address or their attorney of record by. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: March 6 , 2014 TO: Linda Phelan a/k/a Linda L. Phelan 735 South Hanover Street Carlisle, PA 17013 Defendant William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013 Attorney for Defendants Richard Phelan a/k/a Richard E. Phelan 735 South Hanover Street Carlisle, PA 17013 Defendant Attorn or ' lam Sherri 3. eys Braunstein, Estiff quire PA ID 90675 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com PNC Bank, National Association Plaintiff v. Linda Phelan a/k/a Linda L. Phelan Richard Phelan a/lc/a Richard E. Phelan Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 13-4649 Civil Term ORDER -o rrl cn r- 3> AND NOW, this day of pi GirrA , 20 14 , Upon consideration of Plaintiffs Motion for Reassessment of Damages, and any response thereto, the Prothonotary is ORDERED to reassess the damages, in rem, in the amount of $82,625.63 as of December 31, 2013 as more particularly set forth below: Principal of debt due and unpaid Interest at 6.25% from 08/01/2012 to 12/31/2013 (the per diem interest accruing on this debt is $10.22 and that sum should be added each day after 12/31/2013) $59,666.37 $5,278.67 Escrow Overdraft/Balance $10,852.50 Late Charges $945.40 Property Inspections $177.00 BPO/Appraisal Fees $129.00 Foreclosure Costs To Date $3,926.69 Attorneys Fees TOTAL $1,650.00 $82,625.63 AND it is hereby further ORDERED that the Prothonotary shall amend the judgment and the Sheriff shall amend the Writ of Execution to be consistent with the relief granted by the Order DI§.TRIBUTION LIST: -S-herri J. Braunstein, Esquire: Udren Law Offices, P.C., oodcrest Corporate Center, 111 Woodcrest Road, Suite 200, Cherry Hill, NJ 08003, phone: 856-669-5400, email: pleadings(&,udren.com Phelan a/k/a Linda L. Phelan, 735 South Hanover Street, Carlisle, PA 17013 ....--Sichard Phelan a/k/a Richard E. Phelan, 735 South Hanover Street, Carlisle, PA 17013 P. Douglas, Esquire, 43 W. South Street, Carlisle, PA 17013, Attorney for Defendants BY THE OURT: .cs pat LC, UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856- 669 -5400 pleadings@udren.com PNC Bank, National Association Plaintiff v. Linda Phelan a /k/a Linda L. Phelan Richard Phelan a /k/a Richard E. Phelan Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 13 -4649 PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due $ 82,625.63 Interest From 1/1/2014 to Date of Sale 9/3/2014 Ongoing Per Diem of $10.22 to actual date of sale including if sale is held at a later date (Costs to be added) MJU #: 13020717 CASE #: 13020717 -1 c1S,0 " 1 RP . S01, -5b«<. I Lo. SO" " Sq,69-( Pc1 citivk L\ $ 2,514.12 UDREN LAW OFFICES, P.C. 2s ekit ZOLICoap Lai Oa, Esquire PA D 202194 4. of UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856- 669 -5400 leadin ' s udren.com PNC Bank, National Association Plaintiff v. Linda Phelan a /k/a Linda L. Phelan Richard Phelan a /k/a Richard E. Phelan Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 13 -4649 CERTIFICATE OF ACT 91 I hereby state that as the attorney for the Plaintiff in the above - captioned matter: 12 Act 91 procedures have been fulfilled EL Premises is not subject to the provisions of Act 91 as this is an FHA insured mortgage This statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: Attorney for Plaintiff Nicole LaBletta, Est .,s UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856- 669 -5400 pleadings @udren. corn PNC Bank, National Association Plaintiff v. Linda Phelan a/k/a Linda L. Phelan Richard Phelan a /k/a Richard E. Phelan Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 13 -4649 AFFIDAVIT OF LAST KNOWN ADDRESS UNDER RULE 76 The Defendant(s) last known address is as follows: LINDA PHELAN A/K/A LINDA L. PHELAN 735 SOUTH HANOVER STREET CARLISLE, PA 17013 RICHARD PHELAN A/K/A RICHARD E. PHELAN 735 SOUTH HANOVER STREET CARLISLE, PA 17013 This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. UDREN LAW OFFICES, P.C. Atto ey for Plaintiff Nicole LaBIella, Esqu! UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856- 669 -5400 leadin ' s ' udren.com PNC Bank, National Association Plaintiff v. Linda Phelan a /k/a Linda L. Phelan Richard Phelan a /k/a Richard E. Phelan Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 13 -4649 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 PNC Bank, National Association, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, 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: 735 South Hanover Street, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Linda Phelan a /k/a Linda L. Phelan 735 South Hanover Street Carlisle, PA 17013 Richard Phelan a /k/a Richard E. Phelan 735 South Hanover Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Linda Phelan a /k/a Linda L. Phelan 735 South Hanover Street Carlisle, PA 17013 Richard Phelan a /k/a Richard E. Phelan 735 South Hanover Street Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Stephen J. Maciejewski 3 Eugene Street Greenwich , CT 06830 Citibank (South Dakota) NA C/O Platt Hasenmiller, Leibsker, & Moore LLC 5 Great Valley Parkway, Suite 100 Malvern, PA 17013 -4106 Capital One Bank C/O Edwin L. Abrahamsen and Association 120 North Keyser Avenue Scranton, PA 18504 Portfolio Recovery Associates, LLC 140 Corporate Boulevard Norfolk, VA 23502 Evanoff Nicholas Company 997 Peiffers Lane P.O. Box 4222 Harrisburg, PA 17111 Robert Spryn 132 Hyland Hill Drive Archblad, PA 18403 Cornerstone Federal Credit Union 5 East Gate Drive Carlisle, PA 17015 Bureau of Compliance Deptarment 280946 Harrisburg, PA 17128 AAA Cumberland Valley Tree Service 5007 Philadelphia Chambersburg, PA 17202 4. Name and address of the last recorded holder of every mortgage of record: PNC Bank, National Association 3232 Newmark Drive Miamisburg, OH 45342 Sr Mortgage Holders - None Commerce Bank/Harrisburg, N.A. 1249 Market Street Lemoyne, PA 17043 5. Name and address of every other person who has any record lien on the property: Sr lien Holders - None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128 -1230 Tenants /Occupants 735 SOuth Hanover Street Carlisle, PA 17013 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: Federal Tax Lien Holders - None Condo /Homeowners Association - None I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: t--( n - ( q MJU #: 13020717 CASE #: 13020717 -1 UDREN LAW OFFICES, P.C. BY: Attorney r Plaintiff PA !D 2Q219 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856- 669 -5400 leadin ' s ' udren.com PNC Bank, National Association Plaintiff v. LINDA PHELAN A/K/A LINDA L. PHELAN, RICHARD PHELAN A/K/A RICHARD E. PHELAN Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 13 -4649 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Linda Phelan a /k/a Linda L. Phelan 735 South Hanover Street Carlisle, PA 17013 Your house (real estate) at 735 South Hanover Street, Carlisle, PA 17013 is scheduled to be sold at the Sheriffs Sale on September 3, 2014 at 10:00 A.M. at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court judgment of $82,625.63, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669 -5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. 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 on page two 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 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 by calling 856- 669 -5400. 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 856- 669 -5400. 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 the 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 30 days after the 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990 -9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856- 669 -5400 leadin s ' udren.com PNC Bank, National Association Plaintiff v. LINDA PHELAN A/K/A LINDA L. PHELAN, RICHARD PHELAN A/K/A RICHARD E. PHELAN Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 13 -4649 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Richard Phelan a /k/a Richard E. Phelan 735 South Hanover Street Carlisle, PA 17013 Your house (real estate) at 735 South Hanover Street, Carlisle, PA 17013 is scheduled to be sold at the Sheriffs Sale on September 3, 2014 at 10:00 A.M. at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court judgment of $82,625.63, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To fmd out how much you must pay, you may call: (856) 669 -5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the 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. 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 on page two 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 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 by calling 856- 669 -5400. 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 856- 669 -5400. 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 the 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 30 days after the 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990 -9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net PNC BANK, NATIONAL ASSOCIATION Vs. NO 13 -4649 Civil Term CIVIL ACTION — LAW LINDA PHELAN A/K/A LINDA L. PHELAN, RICHARD PHELAN A /K/A RICHARD E. PHELAN 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: (1) 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: $82,625.63 L.L.: $.50 Interest FROM 1/1/2014 TO DATE OF SALE 9/3/2014 (ONGOING PER DIEM OF $10.22 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE) — 412-siy Atty's Comm: Atty Paid: $339.61 Plaintiff Paid: Date: 4/21/14 (Seal) Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name: NICOLE LABLETTA, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 Attorney for: PLAINTIFF Telephone: 856- 669 -5400 Supreme Court ID No. 202194 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856- 669 -5400 pleadings@udren.com PNC Bank, National Association 3232 Newmark Drive, Miamisburg, OH 45342 Plaintiff v. Linda Phelan a /k/a Linda L. Phelan 735 South Hanover Street, Carlisle, PA 17013 Richard Phelan a /k/a Richard E. Phelan 735 South Hanover Street, Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF,. .<'`� i �yv ,v COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 13 -4649 PRAECIPE TO AMEND JUDGMENT BASED ON COURT ORDER FOR REASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly amend the judgment of record in favor of the Plaintiff and against the Defendant(s), LINDA PHELAN A/K/A LINDA L. PHELAN RICHARD PHELAN A/K/A RICHARD E. PHELAN pursuant to the Court's Order dated March 11, 2014 (in accordance with the Motion to Reassess Damages) and for foreclosure and sale of the mortgaged premises, and reassess Plaintiffs damages as follows: As set forth in Court Order $82,625.63 TOTAL $82,625.63 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that a true and correct copy of the Praecipe has been mailed pursuant to Pa.R.C.P. Rule 237. DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: `'( (at. tv-k MJU #: 13020717 CASE #: 13020717 -1 UDREN LAW OFFICES, P.C. BY: V Attome' for intiff P }' . a�c11.,SoQd Clow ti(-7 N O&-e °A IM UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856 -669 -5400 pleadings @udren.com PNC Bank, National Association Plaintiff v. Linda Phelan a/k/a Linda L. Phelan Richard Phelan a/k/a Richard E. Phelan Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 13 -4649 Civil Tenn ORDER G) C), AND NOW, this if + day of r+,Ctrr.A , 20 /4 , Upon consideration of Plaintiffs Motion for Reassessment of Damages, and any response thereto, the Prothonotary is ORDERED to reassess the damages, in rem, in the amount of $82,625.63 as of December 31, 2013 as more particularly set forth below: Principal of debt due and unpaid Interest at 6.25% from 08/01/2012 to 12/31/2013 (the per diem interest accruing on this debt is $10.22 and that sum should be added each day after 12/31/2013) $59,666.37 $5,278.67 Escrow Overdraft/Balance $10,852.50 Late Charges $945.40 Property Inspections $177.00 BPO /Appraisal Fees $129.00 Foreclosure Costs To Date $3,926.69 Attorneys Fees $1,650.00 TOTAL $82,625.63 AND it is hereby further ORDERED that the Prothonotary shall amend the judgment and the Sheriff shall amend the Writ of Execution to be consistent with the relief granted by the Order DISTRIBUTION LIST: ,./Sherri J. Braunstein, Esquire: Udren Law Offices, P.C., oodcrest Corporate Center, 111 Woodcrest Road, Suite 200, Cherry Hill, NJ 08003, phone: 856-669-5400, email: pleadings@udren.com Phelan a/k/a Linda L. Phelan, 735 South Hanover Street, Carlisle, PA 17013 .....-Richard Phelan a/lc/a Richard E. Phelan, 735 South Hanover Street, Carlisle, PA 17013 P. Douglas, Esquire, 43 W. South Street, Carlisle, PA 17013, Attorney for Defendants BY THE 0 T: /4 J. l'es Pat LECL Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Cfl'info 14,90 1111Y 30 AM CUMBERLAND 'COUNTY PENNSYLVANIA PNC Bank National Association vs. Linda Phelan a/k/a Linda L. Phelan (et al) Case Number 2013-4649 SHERIFF'S RETURN OF SERVICE 05/28/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $110.41 SO ANSWERS, May 28, 2014 RON R ANDERSON, SHERIFF Count...St:0e $nefilf. Tolec*oft, SO, ,e- eio(ye.5 36,74,4,,y Powered by GoldFax 5/14/2014 15:44 Pennsylvania Office 1001.V. 3rd Ave. Suite 200 Conshohocken, PA 19428 (PH) 215-568-9500 AlArt „A Ildreil, Eco licenkkt PA, IV, IL (856) 669-5495 UDREN LAW OFFICES, P.C. New Jersey Office Woodcrest Corporate Center 111 W Sent via fax It (717)240.6397 oo crcst Rd. Suite 200 Cherry Hill, NJ 08003 (PH) 85F-669-5400 (FX) 856-669-5399 www.udren.com Cumberland County Sheriffs Office Attn.: Real Estate Re: PNC Bank, National Association vs. LINDA PHELAN A/K/A LINDA L. PHELAN RICHARD PHELAN A/K/A RICHARD E. PITF,LAN Cumberland County Docket No.: 13-4649 Premises: 735 South Hanover Street, Carlisle, PA 17013 Page 1/1 Florida Office 2101 W. Commercial Blvd Suite 5100 Fort Lauderdale, FL 33309 (PH) 954-378-1757 (FX) 954-378-1758 Sheriffs Sale No.: To whom it may concern : Please stay the Sheriff Sale scheduled for 09/03/2014, on behalf of the Plaintiff. Sale is stayed for the following reason: Mortgage has been Paid Off. Amount collected in consideration of stay: $84,294.26 Thank you for your attention to this matter. If you have any questions or concerns please contact us via email: SalesandBid@udren.com. Sincerely, Udren Law Offices, P.C. Henrietta Cronunarty Foreclosure Specialist MR14: 13020717 CASE#: 13020717-1 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 leadin:s ' udren.com PNC Bank, National Association Plaintiff v. LINDA PHELAN A/K/A LINDA L. PHELAN; RICHARD PHELAN A/K/A RICHARD E. PHELAN; et al Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 13-4649 PRAECIPE TO MARK SETTLED,_DISCONTINUED AND ENDED AND SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the above captioned matter SETTLED, DISCONTINUED AND ENDED AND JUDGMENT SATISFIED, upon payment of your costs only. DATED: (QS` Te 11 MJU#: 13020717 CASE#: 13020717-1 UDREN LAW OFFICES, P.C. BY: orney"for 'laintiff J. Eric Kishbaugh, Esquire PA ID 33078