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Supreme Court of Pennsylvania Coui of Co I mon Pleas } For Prothonotao— Use ©n1r: &i% H,.Co�-e�t, Sl�.eet f Cam b rland�9: County Docker °: . 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: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff Name: Lead Defendant's Name: PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR JILL L. MCKENRICK C BY MERGER TO NATIONAL CITY MORTGAGE, A T DIVISION OF NATIONAL CITY BANK I Dollar Amount Requested within arbitration limits O Are money Damages requested ?: ❑ Yes ® No (Check one) X outside arbitration limits 1 Is this a Class Action Suit? ❑ Yes ® NO Is this an MDJ Appeal? ❑ Yes ® NO A Name of Plaintiff/appellant's Attomey: KML Law Group, P.C. ❑ Check here if you are a Self-Represented (Pro Se Litigant Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEAL ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation 5 ❑ Premises Liability ❑ Zoning Board ❑ Product Liability (does not include ❑ Employment dispute: ❑ Statutory Appeal: Other B mass tort) Discrimination C ❑ Slander/Libel Defamation ❑ Other ❑Employment Dispute: Other T ❑ Other: I 0 MASS TORT ❑ Other ❑ Asbestos N ❑ Tobacco • Toxic Tort - DES REAL PROPERTY MISCELLANEOUS • Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory ❑ Toxic Waste ❑ Eminent Domain /Condemnation Arbitration Bi ❑ Other ❑ Ground Rent ❑ Declaratory Judgment ❑ Landlord/Tenant Dispute ❑ Mandamus ® Mortgage Foreclosure: Residential ❑ Non - Domestic Relations PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial Restraining Order • Dental ❑ Partition ❑ Quo Warranto • Legal ❑ Quiet title ❑ Replevin ❑ Medical ❑ Other Professional: ❑ Other ❑ Other Pa.RC.P. 205.5 Updated 1/1/2011 KML LAW GROUP, P.C. •; SUITE 5000 - BNY MELLON INDEPENDENCE CENTER "` ' _� , �3 , L 701 MARKET STREET 0 TA � '3 ?_ PHILADELPHIA, PA 1'9106 ^ r A � (866) 413 -2311 APR _ 1 y1r.KN I PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR IN THE COURT '0 oNf. ,94 y BY MERGER TO NATIONAL CITY MORTGAGE, A t L ' �LV , DIVISION OF NATIONAL CITY BANK OF Cumberland COUNTY 3232 Newmark Drive Miamisburg, OH 45342 CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE BRIAN F. MCKENRICK / JILL L. MCKENRICK No. L Mortgagor(s) and Record Owner(s) 2829 Shippensburg Road ..-A V1L AC"ON: MORTGAGE Biglerville, PA 17307 FO�,OS� Defendant(s) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717- 243 -9400 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las 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 SERVICO. VAYA EN PERSONA O LL OL M`t'�1pC 75 P1r 41- V -!1CUl 1 POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717- 243 -9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243 -9400. 2). Call the Consumer Credit Counseling Agency at 1- 800 - 989 -2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http:// www. phfa. org /consumers/homeowners /reai.gWx 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http: / /www.philadelphiafed.org /foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1- 866 - 413 -2311 or via email at homeretentiongkmllawgroup.com Call Seth at 215- 825 -6329 or fax 215- 825 -6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825 -6318 or Fax: 215- 825 -6418. Please reference our Attorney File Number of 1267681 Para informacion en espanol puede communicarse con Loretta al 215- 825 -6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, 3232 Newmark Drive, Miamisburg, OH 45342. 2. The name(s) and address(es) of the Defendant(s) is /are BRIAN F. MCKENRICK, 2829 Shippensburg Road, Biglerville, PA 17307 and JILL L. MCKENRICK, 2829 Shippensburg Road, Biglerville, PA 17307, who is /are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. BRIAN F. MCKENRICK died on April 2, 2011 by operation of law title vests solely in JILL L. MCKENRICK and BRIAN F. MCKENRICK is hereby released of liability pursuant to Pa.R.C.P. 1144. 3. On June 30, 2008 mortgagor(s) made, executed and delivered a mortgage upon the Property hereinafter described to NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on July 03, 2008 as Instrument # 200822693. The Mortgage and Assignment(s) (if any) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for July 01, 2013 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage as of 12/01/2013: Principal Balance ................................ ............................... .....................$91,686.21 Interest from 06/01/2013 to 12/01/2013 at 6.0000 % .......... ......................$2,750.58 Monthly Interest at $458.43 LateCharges ......................................... ............................... ........................$137.20 ProRata MIP .......................................... ............................... .........................$76.70 Fees........................................................ ............................... .........................$24.00 AppraisalCosts ..................................... ............................... ........................$175.00 InspectionFees ....................................... ............................... .........................$12.00 Escrow /Impound Overdraft .................. ............................... ........... .............$246.52 $95,108.21 7. Plaintiff is not seeking a judgment of personal liability (or an " personam judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re- establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. Notice of Intention to Foreclose has been sent to Defendants by certified mail, on the date set forth in the true and correct copy of the Notice attached and incorporated as Exhibit `B ". WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $95,108.21, together with interest at the rate of $458.43, per month and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law, including but not limited to attorney fees and costs, until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By:'" KML LAW GROUP, P.C. Michael McKeever Pa. 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua 1. Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Alyk L. Oflazian Pa. ID 312912 �C Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff VERIFICATION I, BRM TOOWMan , as a AWbOd d Sgner , of PNC BANK, NATIONAL ASSOCIATION do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff, and the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: PNC BANK, NATIONAL ASSOCIATION NAME: &MT&MMn TITLE: AthftW Signer #126768FC - BRIAN F. MCKENRICK and JILL L. MCKENRICK 2829 Shippensburg Road Biglerville, PA 17307 hibitA ALL that certain tract of land situate in the South Mountain, known as Big Flat, in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at an intersection of the road leading from Shippensburg to Caledonia and road leading from this road to Mt Holly, known as Ridge Road; thence along the Shippensburg- Caledonia Road, North 85 degrees 19 minutes West, 161-52 feet to a point in the center of said road; thence by land of Commonwealth of Pennsylvania, North 38 degrees 05 minutes West 224.76 feet to a point; thence by land now or formerly of Martin 1. Reese, and Lot No, 2, South 85 degrees 19 minutes East 403.71 feet to the center of said Ridge Road; thence along the said Road; South 33 degrees 16 minutes West 187.9 feet to the place of BEGINNING. BEING known as Lot No. I of a Plan of Lots recorded in the Recorder's Offu:e in and for Cumberland County, Pennsylvania, in Plan Book 5, Page 65. THE ABOVE DESCRIBED REAL ESTATE is the same which David E. Carbaugh, Jr. and Barbara J. Carbaugh, husband and wife by their deed dated June 30, 2008 and intended to be recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania conveyed unto Brian F_ McKenrick and 301 L. McKenrick, husband and wife. Ex,h ibit �B *Exhibit has been redacted to remove all personally identifiable information or non-public information REPRESS USPS C RTIFIE MAIL .r 9207 1969 0043 7100 0260 3142 80 9- 749 - 96586 -0000143-001 -01 -000 -000 -000-000 JILL L MCKENRICK 2829 SHIPPENSBURG RD BIGLERVILLE, PA 17307 Please find the NOTICE OF INTENTION TO FORECLOSE MORTGAGE for Loan Number: _1669 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. PA001 /2/20/2014/0006041669 To request information or notify us of an error regarding your account, please send a written request/notice to: PNC Mortgage; PO Box 8807; Dayton, OH 45401 -8807 INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT Date: 2/20/2014 Re: Loan No_1669 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by PNC Mortgage a division of PNC Bank, National Association (hereinafter we, us or ours) on your property located at 2829 SHIPPENSBURG RD, BIGLERVILLE, PA 17307, IS IN SERIOUS DEFAULT because you have not made the monthly payments $857.40 for 7/1/2013 - 12/1/2013, $852.26 for 1/1/2014 - 2/1/2014. Late charges and other charges have also accrued to this date in the amount of $197.20. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $7,046.12. You may cure this default within THIRTY (3 0) DAYS of the date of this letter, by paying to us the above amount of $7, 046 12, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at PNC Mortgage /Collections Center, Mail Code B6- YM09- 01 -01, 3232 Newmark Drive, Miamisburg, OH 45342. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale [and perform any other requirements under the mortgage]. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately nine to ten months. A notice of the date of the Sheriff 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 will be by calling us at the following number: 1- 800 -523 -8654. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. INTERNET REPRINT { REPRESE PNC USPS CERTIFIED MAIL MOWMAGE" 9207 1969 0043 7100 0260 3142 97 5 - 7 49- 96588-0000144-001 -01-000 -000 -000 -000 ESTATE OF BRIAN F MCKENRICK 2829 SHIPPENSBURG RD BIGLERVILLE PA 17307 Please find the NOTICE OF INTENTION TO FORECLOSE MORTGAGE for Loan Number: _1669 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. PA005/2/20/2014/0006041669 To request information or notify us of an error regarding your account, please send a written request/notice to: PNC Mortgage; PO Box 8807; Dayton, OH 45401 -8807 INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT Date: 2/20/2014 Re: Loan No._669 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by PNC Mortgage a division of PNC Bank, National Association (hereinafter we, us or ours) on your property located at 2829 SHIPPENSBURG RD, BIGLERVILLE, PA 17307, IS IN SERIOUS DEFAULT because you have not made the monthly payments $857.40 for 7/1/2013 - 12/1/2013, $852.26 for 1/1/2014 - 2/1/2014. Late charges and other charges have also accrued to this date in the amount of $197.20. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $7,046.12. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $7,046 12, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at PNC Mortgage /Collections Center, Mail Code B6- YM09- 01 -01, 3232 Newmark Drive, Miamisburg, OH 45342. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged properly. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale [and perform any other requirements under the mortgage]. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately nine to ten months. A notice of the date of the Sheriff 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 will be by calling us at the following number: 1- 800 -523 -8654. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. INTERNET REPRINT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA� COQ T "i -< PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR ti� n p BY MERGER TO NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY Case No. f D BANK Plaintiff VS. JELL L. MCKENRICK Defendant(s) NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectful I ti d (Signature of Counsel for Pl ff) 3/31/2014 Date Cumberland County Residential .Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas locket {{ BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete -your request for hardship assistance, your leader must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: '0JST0MER/PR1X1ARY APPLICANT Borrower name(s): Property Address: City: State; Zip: Is the property for sale? Yes El No L 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: # ofpeople in household: How long? FINANCIAL INK)IMIATION First Mortgage Lender: Type of Loan: Loan Number: mate You Closed Your Loan: Second Mortgage .Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ included Taxes & Insurance : Date of Last Payment: Primgra Reason for Default: is the loan in Bankruptcy? 'Yes Q No If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value; Home: Other Real Estate: $ Retirement Funds; $� Investments: S Checking: Savings: $ Other: $� $ Automobile #l: Model: Year: Amount owed: - Value; Automobile #2 : Model: Year: Amount awed: Value: _ Other transportation automobiles boats motors Iles • Model: year Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (riot wages) 1. monthly amount: 2< monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Exuensesr (Please only include expenses you are currently paying) EXPENSE JAMOUNT 1EXPENSE IAMOUNT Mo a e Food 2 t4 age Utilities Car P$ ent s Condo/Nei . Fees Auto Insurance Med. not covered Auto fuel/repairs Other p rop. paXment Install. Loan Payment Cable N Child Su rtaAlim. Sponding Spending Mons pav /Child CarelToit. Other Ex cases Amount Available for Monthly Mortgage Payments Based on flawme & Expenses: Have you been working with a Housing Counseling Agency? Yes Ej No Ej If yes, please provide the following information: Counseling Agency: 'Counselor: Phone.(Ofllce): - 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 E] If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or leader's loan servicing company; Lender's Contact (blame): phone: Servicing Company (Name): Contact: Phone: THORIZA Ytwe , authorize the above named to use /refer this information to my lender /service: for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that l/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 o i Past 2 bank statements Y Proof of any expected income for the last 45 days � Copy of a current utility bill Y Letter explaining reason for delinquency and any supporting documentation . (hardship letter) Y Listing agreement (if property is currently on the rnarket) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f: IIE 1' jE ONU Sheriff j CRY Jody S Smith 23 i �R 30 PH 3; Q Chief Deputy Richard W Stewart UHSER AND COUNTY Solicitor .- _.a . ,r PENNSYLVANIA PNC Bank National Association vs. Case Number Jill L. McKenrick 2014-1902 SHERIFF'S RETURN OF SERVICE 04/22/2014 05:00 PM -Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jill L. McKenrick, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 2829 Shippensburg Road, Southampton Township, Biglerville, PA 17307. Residence appears to be vacant, neighbors have not seen the defendant in over a month and it is believed that the defendant now resides in the State College area. SHERIFF COST: $45.43 SO ANSWERS, April 25, 2014 RONNS R ANDERSON, SHERIFF KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK 3232 Newmark Drive Miamisburg, OH 45342 vs. JILL L. MCKENRICK 2829 Shippensburg Road Biglerville, PA 17307 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 14-1902 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a mortgage upon the premises 2829 Shippensburg Road, Biglerville, PA, 17307, hereinafter, the "mortgaged premises". 2. Defendant, JILL L. MCKENRICK, is the mortgagor and real owner of the mortgaged premises. 3. Pursuant to Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), I Alyk Oflazian, Esquire hereby certify that no judge has ruled on any other matters in this case. I further certify that I am not aware that the Defendant, Jill L. McKenrick has obtained counsel. Moreover, due to the nature of this motion, it was not possible to locate or contact the Defendant to request his concurrence. 4. The last known address of Defendant, Jill L. McKenrick, is 2829 Shippensburg Road, Biglerville, PA 17307 from our investigative search. 5. The Sheriff has been unable to effect service of the Complaint upon Defendant, Jill L. McKenrick. Service was attempted on Defendant, Jill L. McKenrick at the mortgaged premises 2829 Shippensburg Road, Biglerville, PA 17307. The return of service indicates said address appears to be vacant. Per a neighbor Defendant, Jill L. McKenrick has not been seen for over a month and may now be residing in the State College area. No further information was provided 6. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Jill L. McKenrick. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant, Jill L. McKenrick, by posting the premises and certified and regular mail to the property address. By: KML LAW CROUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 /\Alyk Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff At the request of the law fiidentified below 1 initiated an investigation into the whereabouts of the defendant identfied as the subjectbelow. The foliowing is true and accurate representation of my investigation. Client provided information: FUe Number: 126768FC Attorney/Law Firm: KML MW GROUP, P.C. Subject Name: JILL L. MCAENRICK Property Address: Street: 2829 Shippensburg Road City: Biglerville State: PA Zip: Skip ProVest File Number: 4125520 Last Known Address (as of 10/22/2014) Street: 2829 Shippensburg Rd City: Biglerville State: PA Zip: 17307 9000 Death Record Search As of 10/22/201Social Security Administration has no death record on file for JiII L McKenrick. Social Security Number Verifed (1 NVehDedSGN Employment Search During a search for employmen o our e en an no verifiable employment informatiwas provided prior to the investigation or foun during the lnvestigation. Business Records Search No verifiable business records found, Creditor Header lnquiry The latest address from the credit header info is: Address: 282QSH|PPENSBURBRD, B|8LERV(LLE.PA1T3O7 9000 Department of Motor Vehlcle Records Search* Unable to obtain Motor Vehicle Records in the State of Pennsylvania. Dnvers License tnformation Search [lGovmmmental=+ 0 Nom'gow*mnmemtal No current records found. Professional Licenses Search No records found. Freedom Of Information Act inquiry Made to 1.1.8. Postat Service FREEDOM OF INFORMATION ACT INQUIRY MADE TO U.S. POSTAL SERVICE: THE FOLLOWING ADDRESSES WERE SENT TO THE UNITED STATES POSTAL INSPECTOR AT THE ZIP CODE LISTED WITI-I NO RETURN INFORMATION TO DATE: 2829SH|PPENS8URGROAD IB|GLERV!LLEIPAI173O7\ADAMS COUNTY Military Search Not on Active Duty; Did not leave Active Duty within the past 367 days; Has not been notified of a future calt up to Active Duty Inquiry of Relatives Neighbors, & Friends 814'339-7671: Called possible relative, Doris Eirch, answering machine answered, no message left. Comments: ' 717-532-2920: CaIled number listed to defendant, Jill McKenrick, number has been disconnected. 717-491-3632: Called. number Iisted to defendant, Jill McKenrick, there was no answer, A search of Federal Bureau of Prisons resulted in no records for our defendant A search of Penns | i Dopartment of Corrections resulted in no records for our defendant. Our defendant was not found to be currently incarcerated searching Pennsylvania County Jails. A search of Philadelphia Prison Systems resulted in no records for our defendant. * not available in AL, AR, CA, HI, NH,;OR,-.PA, VA, WA.'" -Historical data in CO, DE, ID, IL, KY, LA, MD, MA, .MS, MO, NH, ND, SC, WV. + Data available in CO, CT, DE, FL, ID, IL, KY, LA, ME, MD, MA, MI, MN, MS, MO, NH, ND, OH, SC, TN, TX, WV, WI, WY. The foregoing statement is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Under penalties of perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true. STATE OF FLORIDA COUNTY OF HILLSBOROUGH DO 2.2 2014 canna Hemandez ProVest File Numbept-1-25520 Swom to or affirmed and signed before me on this — day of Provest Services LLC (Seal) Date: t C:\ JOSHUA It PIMENTEL Notary Public, State of Florida My Comm. Expires May 24, 2015 No. EE 97050 Signato1 6tNotag5iblic Printed Name of Notary Public ( Personally Known ( ) Produced as identification Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S -OFFICE OF, -CUMBERLAND COUNTY titt, Di Celrit eryifrd F=tom': OFFHC-rNE1 EFIFF PNC Bank National Association vs. Jill L. McKenrick Case Number 2014-1902 • SHERIFF'S RETURN OF SERVICE 04/22/2014 05:00 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jill L. McKenrick, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 2829 Shippensburg Road, Southampton Township, Biglerville, PA 17307. Residence appears to be vacant, neighbors have not seen the defendant in over a month and it is believed that the defendant now resides in the State College area. SHERIFF COST: $45.43 SO ANSWERS, April 25, 2014 RONIN R ANDERSON, SHERIFF (c) CountySuito Shont( Tolcosoft. Inc. r. KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK 3232 Newmark Drive Miamisburg, OH 45342" vs. JILL L. MCKENRICK 2829 Shippensburg Road Biglerville, PA 17307 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 14-1902 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant, Jill L. McKenrick, which the Sheriff has been unable to personally serve upon Defendant, Jill L. McKenrick. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant, Jill L. McKenrick, by posting the premises and certified mail and regular mail to the property address. By: LAW KML ROUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 9AIyk Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK 3232 Newmark Drive Miamisburg, OH 45342 vs. JILL L. MCKENRICK 2829 Shippensburg Road Biglerville, PA 17307 IN THE COURT OF COMMON PLEAS of Cumberland County No. 14-1902 CERTIFICATE OF SERVICE Marlene Powers, an employee of KML Law Group, P.C., counsel for plaintiff, does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, Jill L. McKenrick this day of October 2014, by first class mail, postage prepaid. JILL L. MCKENRICK 2829 Shippensburg Road Biglerville, PA 17307 By: KML Law Group, P.C. Marlene Powers, Legal Secretary Direct Phone: 215-825-6340, .... PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK 3232 Newmark Drive Miamisburg, OH 45342 vs. JILL L. MCKENRICK 2829 Shippensburg Road Biglerville, PA 17307 ORDER IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 14-1902 ( "i 4 AND NOW, this '/` day of Navc.,.G.i 2014, upon consideration of the Plaintiff's Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Jill L. McKenrick, have been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, Jill L. McKenrick, by posting a copy of the Complaint upon the premises 2829 Shippensburg Road, Biglerville, PA, 17307, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 2829 Shippensburg Road, Biglerville, PA, 17307, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Jill L. McKenrick, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. Service is complete upon mailing. BY THE COURT: Distribution list: chael T. McKeever, Esquire, Suite 5000 — Y Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 JILL L. MCKENRICK 2829 Shippensburg Road Biglerville, PA 17307 Cop' Plan 171 k)k KML Law Group, P.C. SUITE 5000 — BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK 3232 Newmark Drive Miamisburg, OH 45342 vs. JILL L. MCKENRICK 2829 Shippensburg Road Biglerville, PA 17307 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 14-1902 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. By: KML LAW OUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay E. Kivitz Pa. ID 26769 Jill P. Jenkins Pa. ID 306588 Joshua I. Goldman Pa. 205047 Jennifer Lynn Frechie Pa. ID 316160 .Alyk L. Oflazian Pa. ID 312912 Attorneys for Plaintiff 0,0 1/ 7S6 Ub-1.4 7�y7 3i3 dat7 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F|[ED'��c/�F uF THE PRO_HONOTAki oFcosre�w�PENNSYLVANIA 2014 NOV 20 PH .�_ CUMBERLAND -Y PNC Bank National Association vs. Jill L. McKenrick Case Number 2014-1902 SHERIFF'S RETURN OF SERVICE 11/13/2014 07:43 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Jill L. McKenrick, pursuant to Order of Court by Posting the premises located at 2829 Shippensburg Road, Southampton Township, 8ig|emiUe, PA 17307 with a true and correct copy according to law. HRISTO~HER SHARPE.DEPUTY SHERIFF COST: $46.43 SO ANSWERS, November 14, 2014 RON��RANDERSON, SHERIFF (c) CountySuite Sheriff, Toleosoft. :L Law Group, i.C.. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff H 2I 14 OV 26 PM 2:1. �? CUMBERLAND COUNT`( PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY_ BANK 3232 Newmark Drive Miamisburg, OH 45342 vs. JILL L. MCKENRICK Mortgagor(s) 2829 Shippensburg Road Biglerville, PA 17307 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 14-1902 CERTIFICATE OF SERVICE The undersigned, on behalf of Plaintiff, hereby certifies that on / f he did serve upon Defendant(s) JILL L. MCKENRICK a true and correct copy of the above -captioned Complaint by certified and regular mail in accordance with the Court Order dated November 4th 2014 . The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. By: Respectfully submitted, KML Law Group, P.C. Nick Barone, Legal Assistant NBaroneAkmllawgroup.com 215-825-6365 (Direct Phone)