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HomeMy WebLinkAbout14-3288 Supreme Coat 0, Pennsylvania Court`oDcommo leas For Prothonotary Use Only: / C�IV1� COVerf�ih et Docket No: CUMBBRLANb ' County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S XI Complaint 0 Writ of Summons Petition Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: Mid Penn Bank Scott R.Thomas T Dollar Amount Requested: ®J within arbitration limits I Are money damages requested? gr�es 0 No (check one) �sut'side arbitration limits O N Is this a Class Action Suit? ❑ Yes El No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff/Appellant's Attorney: Marc A. Hess, Esquire Check here if you have no attorney(area 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 !_l Intentional E Buyer Plaintiff Administrative Agencies El Malicious Prosecution M Debt Collection:Credit Card Board of Assessment ElMotor Vehicle 13 Debt Collection:Other Board of Elections Nuisance 0 Dept.of Transportation 0 Premises Liability Statutory Appeal:Other S -1 Product Liability(does not include [3Employment Dispute: mass tort) E CI Slander/Libel/Defamation Discrimination [3 C C Other: Employment Dispute: Other �' Zoning Board � Other: ,r I ® Other: O MASS TORT W; Asbestos N E] Tobacco J Toxic Tort-DES [3Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS : Toxic Waste 0 Ejectment IJ Common Law/Statutory Arbitration B J Other: r l Eminent Domain/Condemnation 0 Declaratory Judgment Ground Rent [3 Mandamus El Landlord/Tenant Dispute Non-Domestic Relations X Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial Quo Warranto 0 Dental 0 Partition Replevin El Legal F-1 Quiet Title Other: El Medical Other: L� Other Professional: Updated 1/1/2011 TALE P�iiJ 1,1;"Y.� CC.i. `'L Ynnt PE,•• s1xya '41 INSYLrYfA,� -•I A i i�A HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. SCOTT R. THOMAS, Defendant 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 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. ov � \off "r 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Notice Required Under the Fair Debt Collection Practices Act, 15 U.S.C. §1601 (as amended) and the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law, 73 Pa.Con.Stat.Ann. §201, et seq. ("The Acts"). To the extent that the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the creditor's law firm, unless the debtors/mortgagors, within thirty (30) days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the debtors/mortgagors notify the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 5. If the creditor who is named as Plaintiff in the attached Complaint is not the original creditor, and if the debtor/mortgagor makes written request to the creditor's law firm within thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 6. Written request should be addressed to: Marc A. Hess HENRY & BEAVER LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 7. THIS MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 8. Be advised that the thirty (30) day time period allotted herein will not stop or toll the time period set forth above, which requires you to take action on the Complaint within twenty (20) days after this Complaint and Notice are served upon you. AVISO Le han demandado a usted en el tibunal. Si usted quiere defenderse de las demandas expuestas en las paginas siguientes, usted debe tomar accion en el plazo de veinte (20) dias a partir de la fecha en que se le hizo entrega de la demanda y la notificacion, al interponer una comparecencia escrita, en persona o por un abogado y registrando por escrito en el tribunal sus defensas o sus objeciones a las demandas en contra de su persona. Se le advierte que si usted no to hace, el caso puede proceder sin usted y podria dictarse un fallo por el juez en contra suya sin notificacion adicional y podria ser por cualquier dinero reclamado en la demanda o por cualquier otro reclamo o desagravio en la demanda solicitado por el demandante. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. i j - 3 - V LISTED DEBE LLEVARLE ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O NO PUEDE CORRER CON LOS GASTOS DE LINO, VAYA O LLAME POR TELEFONE A LA OFICINA EXPUESTA ABAJO. ESTA OFICINA PUEDE POVEERLE INFORMACION RESPECTO A COMO CONTRATAR A UN ABOGADO. SI NO PUEDE CORRER CON LOS GASTOS PARA CONTRATAR A UN ABOGADO, ESTA OFICINA PUDIERA PROVEERLE INFORMACION RESPECTO A INSTITUCIONES QUE PUEDA OFRECER SERVICIOS LEGALES A PERONAS QUE CALIFICAN PAR LA REDUCCION DE HONORARIOS O QUE NO TENGAN QUE PAGAR HONORARIOS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 ARC A. H ES i - 4 - HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. No. SCOTT R. THOMAS, Defendant COMPLAINT 1. The Plaintiff is Mid Penn Bank, with an office located at 5500 Allentown Boulevard, Harrisburg, Pennsylvania 17112. 2. The Defendant is Scott R. Thomas, an adult individual last known to reside at 1059 C York Road, Dillsburg, Cumberland County, Pennsylvania 17019. 3. On or about April 11, 2012, the Plaintiff loaned to the Defendant the sum of Three Hundred Thousand Dollars ($300,000.00) evidenced by a Note (the "Note"). A copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Contemporaneously with the execution of the Note, in order to secure payment of the same, Defendant made, executed and delivered to the Plaintiff a real estate Mortgage dated April 11, 2012, which was recorded on April 18, 2012, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at Instrument No. 201211284 (the "Mortgage"), conveying to the Plaintiff a security interest in the real estate described therein. A copy of the Mortgage is attached hereto as Exhibit "B" and made a part hereof by reference. 5. The Note:and Mortgage have not been assigned. 6. The premises subject to the Mortgage is a certain lot and piece of ground situate at 1059 C York Road, Dillsburg, Monroe Township, Cumberland County, Pennsylvania 17019, as more particularly described on Exhibit "B" attached hereto (the "Mortgaged Real Property"). 7. The Defendant is the present owner of the Mortgaged Real Property subject to the Mortgage. 8. The Defendant is in default of his obligation under the Note and Mortgage, having failed to pay the installment due for January 1, 2014, and all subsequent installments. 9. The terms of the Note and Mortgage provide that in the event of default Defendant shall be liable for Plaintiffs costs and attorney's fees. 10.For purposes of this action, the Bank believes and therefore avers that Two Thousand Five Hundred Dollars ($2,500.00) constitutes reasonable attorney's fees for enforcing the Note and Mortgage. However, the Bank recognizes that it is restricted by law to those attorney's fees that are actually incurred. If those fees are less than Two Thousand Five Hundred Dollars ($2,500.00), the Bank agrees to adjust its demand for - 2 - attorney's fees, if applicable, at the time of payment or adjustment. If the Bank's actual attorney's fees are in excess of Two Thousand Five Hundred Dollars ($2,500.00) the Bank believes it has a right to recover the same and therefore makes demand for payment thereof. 11.As a result of the default in the Note and Mortgage, the following amounts are due and owing: Principal - $ 293,186.70 Interest to 3/26/2014 - 4,893.36 Late Fees to 3/26/2014- 1,156.56 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,500.00 Total - $ 301,736.62 Plus interest after March 26, 2014, and continuing after entry of judgment at the contract rate ($42.0086 per diem), actual and additional attorney's fees, additional late fees after March 26, 2014, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. 12.No judgment has been entered upon the Note and Mortgage in any jurisdiction. 13.The combined notice was given to the Defendant in accordance with Section 403-C of Pennsylvania Act 91 of 1983 (35 P.S. §1680.403(c)) and Act 6 of 1974 (41 P.S. §403), a copy of which is attached hereto as Exhibit "C" and incorporated herein by reference. Said notice was mailed on or about March 19, 2014. As of the date of this Complaint, the Defendant has not arranged for a meeting with a representative of - 3 - 1 Plaintiff and Plaintiff has not received notice from a designated consumer credit counseling agency that Defendant has met with any such agency. 14.To the best of the undersigned's knowledge and belief, Defendant is not member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the provisions of the Service Members Civil Relief Act of 2003, as amended. 15.Notice pursuant to Federal Fair Debt Collection Practices Act 15 U.S.C. §1692, et seq. (1977). This is an attempt to collect a debt. Any information received by the undersigned will be used for the purpose of collecting the debt set forth herein. Unless you dispute the validity of the debt, or any portion thereof, within thirty (30) days after receipt of this Complaint, we will assume the debt to be valid. If within the thirty (30) day period you dispute the debt or any portion thereof, you are entitled to a written verification of the debt. If the current creditor is not the original creditor on this account, we will also advise you, upon request, of the name and address of the original creditor. Be advised that the thirty (30) day time period allotted herein will not stop or toll the time period set forth above in the Notice to Plead, which requires you to take action on the Complaint within twenty (20) days after this Complaint and Notice are served upon you. WHEREFORE, Plaintiff demands that judgment be entered in mortgage foreclosure in favor of the Plaintiff and against the Defendant, Scott R. Thomas, in the I amount of: - 4 - i i I i Principal - $ 293,186.70 Interest to 3/26/2014 - 4,893.36 Late Fees to 3/26/2014- 1,156.56 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,500.00 : Total - $ 301,736.62 Plus interest after March 26, 2014, and continuing after entry of judgment at the contract rate ($42.0086 per diem), actual and additional attorney's fees, additional late fees after March 26, 2014, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. HEN E ER LP By: AR . HE$S I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff i i i - 5 - ,} MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. SCOTT R. THOMAS, Defendant VERIFICATION I, Justin Webb, being duly affirmed according to law, depose and say that I am a Senior Vice President of Mid Penn Bank, and that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. MID PENN BAN By: 4A Justin Webb/ Senior Vic IP es d t \J Loan No.: 9806894 NOTE April 11,2012 Dillsburg PENNSYLVANIA (Date] (City] (State] 1059 C York Rd,Dillsburg,PENNSYLVANIA 17019 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S.$300,000.00(this amount is called"Principal'),plus interest, to the order of the Lender. The Lender is Mid Penn Bank. 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 5.250%. 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 FIRST day of each month beginning on June 1,2012. 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 May 1, 2042,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 349 Union Street,Millersburg,PENNSYLVANIA 17061 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.$1,656.61. 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. If I make a partial Prepayment,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. 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 tome. 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. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 32001/01 Page 1 of 3 SN (1001).01 Initials: usc3200 EXHIBIT 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(15)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 5.000%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. S. 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. "Notice of Dishonor"means 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 Note Holder from possible losses which might result if I do not keep the promises which I make in 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 MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 Page 2 of 3 5N (1001).01 Initials: _ I I i 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. WITNESS THE HAND(S)AND SEALS)OF THE UNDERSIGNED. Borrower (Seal) Sc tt R llioTlas Borrower [Sign Original Only] Pay to the order of: Mid Penn Bank Without Recourse Mid Penn Bank By: Name and Title: I I MULTISTATE FDCED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 Page 3 of 3 5N (1001).01 Y' Loan No.: 900001175 MID PENN BANK MID PENN BANK RATE LOCK AGREEMENT DATE: April 2,2012 Please read this notice carefully. It sets forth the procedures to lock in the interest rate on your residential mortgage loan. I Loan Amount: $300.000.00 Term: 360 Refinance or Purchase(Circle One)Est.LTV: c�—U % i Property Address: 1059 C York Rd Dillsbure PENNSYLVANIA 17019 I wish to lock in my interest rate at'S.a5 %with ,'L— points for a period of 4� calendar days. This rate lock is effective on and will expire on A. The terms described in the Agreement apply only to the Product for which I have applied. If I choose to change the Product, this Agreement may be subject to change at the Bank's option. Changes to the Requested Loan Amount, a change in property value as indicated at application,a change in verified credit history,or a change in the purpose of the use of the loan funds may, at the Bank's discretion, affect the price (interest rate, points and/or fees) of my loan. The changes stated may cause this Agreement to be subject to change. Furthermore,there may be terms and conditions contained in other documents that can alter or amend the arrangements herein. B. Lock-In Expiration If the date of closing exceeds the rate lock expiration date due to my delay or that of others for whom I am responsible(for example, attorneys, builders, employers, landlords, depository banks, etc. This list is not inclusive.), this Agreement becomes null and void. The Bank will make a good faith effort to process my mortgage loan application and stand ready to fulfill the terms of the commitment to lend before the expiration of the rate lock agreement or any extension thereof. I understand that this Rate Lock Agreement does not guarantee my loan will be closed by the expiration date and it is not a commitment from the Bank to provide financing. A commitment to lend may only be made if I qualify for the loan. I agree that I must promptly respond to any requests for information and that it is my responsibility to see that others providing information at my request(e.g.employers,landlords,depository banks,etc.)do also. C. Rate Lock Extension I may request an extension to my rate lock period before the expiration of the rate lock. Each such request will be considered on a case-by-case basis; while the rate will remain the same, an adjustment to the points and/or fees may be made and collected at closing. If the extension request is approved, I will be required to sign a new Rate Lock and Advance Fees Agreement. The applicable fee for rate locks that are extended,expired,or re-locked as noted in Section B above will be collected at the time of closing and reflected on the HUD Settlement Statement. By signing below,Me hereby understand and accept all terms and conditions of the Rate Lock Agreement as set forth above. orrower Scott R Th s Date I Rev.August It,2011 mpblock Sero G 11 f g� t Prepared By: Mid Penn Bank 349 Union Street Millersburg,PENNSYLVANIA 17061 Return To: Ann.: SHIPPING DEPTJDOC.CONTROL 003S3A Parcel Number: 22-12-0350-046 Premises: 1059 C York Rd Dillsburg,PENNSYLVANIA 17019 (Space Above This Line 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) i°Security Instrument"means this document,which is dated April 11,2012,together with all Riders to this document. (B) "Borrower" is Scott R Thomas a married man. Borrower is the mortgagor under this Security Instrument. (C) "Lender"is Mid Penn Bank. Lender is a corporation organized and existing under the laws of the State of PENNSYLVANIA. Lender's address is 349 Union Street, Millersburg, PENNSYLVANIA 17061. Lender is the mortgagee under this Security Instrument. (D) "Note"means the promissory note signed by Borrower and dated April 11,2012, The Note states that Borrower owes Lender Three Hundred Thousand And 00/100 Dollars (U.S. $300,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May 1,2042. (E) "Property" means the property that is described below under the heading "rransfer of Rights in the Property." (F) "Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. i PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 6(PA)(0804) i Page i of 16 paCtd initials: _ EXHIBIT i J3 I LEGAL DESCRIPTION SCHEDULE "A" ALL THAT CERTAIN tract of land,together with improvements thereon found, situate in the Township of Monroe, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a railroad spike set in concrete, which spike marks the common point of adjoiner of lands now or formerly of Donlad A. DeMartyn,Kenneth L. Mshar, the within described tract, and lands now or formerly of Steven M. Zeigler; thence extending along last mentioned lands, South seventy-three (73) degrees forty-seven (47).minutes thirty- one(3 1) seconds West, for a distance of six hundred ninety-one and ninety-three hundredths (691.93) feet to a steel pin set in an existing stone pike at other lands now or formerly of Michael J. Horne; thence extending along said lands, North eleven (11) degrees twenty-six (26)minutes twenty-five(25) seconds West, for a distance of eight hundred two and fifteen hundredths (802.15) feet to a steel pin at lands now or formerly of Janey Gunn; thence extending along said lands,North twenty-three(23) degrees eighteen (18)minutes thirty-five(3 5) seconds East, for a distance of two hundred sixty- four and zero hundredths (264.00) feet to a rebar found in an existing stone pike at lands now or formerly of Donald S. Klugh;thence extending along said lands, South sixty-one (61)degrees eight(08)minutes eleven (11) seconds East, for a distance of four hundred twenty-seven and eighty-seven hundredths (427.87) feet to a railroad spike found in stones and concrete at lands now or formerly of Kenneth>Mshar; thence extending along said lands, South twenty-right (28)degrees forty(40)minutes eight(08) seconds East, for a distance of five hundred sixty-seven and seventy-eight hundredths (467.78) feet to a steel pin in a stone pile; thence continuing South twenty-eight (28)degrees forty- six (46)minutes fifty-seven(57) seconds East, for a distance of one hundred forty-nine and thirty hundredths(149.30) feet to a railroad spike set in concrete, said spike marking the place of BEGINNING. CONTAINING 10 acres,more or less, according to a Plan of Properties prepared for Michael J. and Jennifer L. Horne by John R. Williams, Registered Surveyor, dated June 6, 2002 and being improved by a single-family residence and other outbuildings, known and municipally numbered as 1059-C York Road,Dillsburg, Pennsylvania 17019. UNDER AND SUBJECT,NEVERTHELESS, to the reservations of an access easement and right-of-way retained by the Grantors herein, for the benefit of themselves, their heirs, successors, and assigns, for the purpose on ingress, egress and regress to and from the premises of the Grantors herein that are known and municipally numbered as 1059-E York Road, Dillsburg, Pennsylvania, are located immediately to the west of the within described tract, and which adjoin the within described tract, the terms of use and maintenance of which are addressed in a separate agreement between the Grantors and Grantees herein, and that is being recorded simultaneously with this Deed of conveyance, which terms are incorporated herein by reference thereto. Parcel Number: 22-12-0350-046 I I (G) "Riders"means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: [ J Adjustable Rate Rider [ j Condominium Rider [ J Second Home Rider [ j Balloon Rider [ j Planned Unit Development Rider [ ].1-4 Family Rider [ J VA Rider [ ] Biweekly Payment Rider [ ] Other(s)[specify] (K) "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. (1) "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. (.n "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 tern 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 of, 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. (M) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan. (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 et 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, "RESPA7 refers to all requirements and restrictions that are imposed in regard to a "fcderally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"under RESPA. (P) "Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower'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 YORK (Name of Recording Jurisdiction): PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 30391/01 6(PA)(0804) Page 2 of 16 Initials: I 0 Property Tax ID Number: 22-12-0350-046 which currently has the address of 1059 C York Rd [Street)Dillsburg [citv], Pennsylvania 17019 [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 the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "property.11 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 arc 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, PENNSYLVANIA-Single Family-Fannie MadFreddle Mac UNIFORM INSTRUMENT Form 3039 1101 6(PA)(0804) Page 3 of lfi ' Initials: y2�1 ei I i I I 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 current. 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 funds 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 the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be 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 terra 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 Furids 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 Lender 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 for 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 fails to pay the amount due for an Escrow Item,Lender may cxcrcise its rights under Section 9 and pay PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Fo�3391101 6(PA)(0804) Page 4 of 16 � Initials: ✓'y+ i 1 - I 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 tender can require under RESPA. Lender 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 agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing,however, that interest 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 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 items 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,Lender 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. PENNSYLVANIA-Single Family-Fannie Mae/Freddle Mae UNIFORM INSTRUMENT Form 30391/01 6(PA)(0804) Page 5 of 16 j Initials: _ a �F 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against lass 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 i 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 cal rrier 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 1 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 deteftnination and certification services and subsequent I charges each tine remappings 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. 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 1 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 f secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of +I 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 i 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 cariier 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.procceds. Pees 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 1 PENNSYLVANIA+Single Family.Fannie MadFredille Mae UNIFORM INSTRIIMENT Form 30391/01 6(PA)(0804) I Page 6 of 16 /�—; Initials: is i i ; I ; i I 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 event,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. 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 least 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 Property; Inspections. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate or commit 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 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 In the Property and Rights Under this Security Instrument. 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 PENNSYLVANIA.Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Farm 30391/01 6(PA)(0804) Page 7 of 16 Initials: .h I 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 Instrument; (b) appearing in court; and(c)paying reasonable attorneys' fees to protect its iinterest in the Property and/or rights under this Security Instrument, including its segued 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 ofE Although Lender may 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. 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 payment. If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee fide 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 premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in 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 Lender 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 ef'f'ect,or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such•tennination or,until termination is required by Applicable Lew. 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 parry 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 terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds PENNSYLVANIA-Single Family-Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 30391/01 6(PA)(0804) Page 8 of 16 Initials: I I , ' I 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 reinsurer,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 termed"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 Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage Insurance terminated automatically,and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds;Forfeiture. All 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's 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 PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 6(PA)(0604) Page 9 of 16 Initials: fl I I i I 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 by this Security Instrument,whether or not then due. "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment,could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this 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 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;Forbearance By Lender 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 Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability 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 in 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 Lender's interest in the Property and rights under this Security PENNSYLVANIA-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 34341/01 6(PA)(0804) Page 10 of 16 Initials: _ 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 interpreted so that the interest or other loan charges collected or to be collected in connection with the 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 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 charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund 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 have been given to Borrower when mailed by first class trail 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 Lender'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 any 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; Rules 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 neuter 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. Is. 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, including, but not limited to, PENNSYLVANIA-Single Family-Fannle MaeWreMe Met UNIFORM INSTRUMENT Form 3039 1101 6(PA)(0804) Page I 1 of 16 Initials: A� 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 future 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 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 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 Instrument. Those conditions are that Borrower:(a) pays Lender 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 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 under this Security Instrument;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 IS. 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 Servicer,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 Servicer 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 class)that arises from the other party's actions pursuant to this Security PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 30391/01 6(PA)(0804) Page 12 of 16 Initials: .� i I -- fa i i s i i Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of,this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 1 S)of such alleged breach and afforded the other parry 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. 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 Hazardous 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 (including,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 Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge,(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 governmental or regulatory authority, or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall 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 following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of,among other things: (a)the default;(b)the action required to cure the default; (c)when the default must be cured;and(d)that failure 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 shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the defoult.is not cured as specified,Lender at Its option may require immediate payment PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 6(PA)(0804) Page 13 of 16 � Initials: In full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided In this Section 22,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 Instrument, this Security Instrument and the estate conveyed shall terminate 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 Instrument,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 by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. I i PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 6(PA)(0804) Page 14 of 16 C Initials: J i I I 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: (Seal) Scott R Thorn _Bowe I PENNSYLVANIA-Single Family-Fannie MaeJFaeddle Mae UNIFORM INSTRUMENT Form 30391/01 6(PA)(0804) Page 15 of 16 I I I I COMMONWEALTH OF PENNSYLVANIA, (,uNn beC'A County ss: On this, the 1� day of Ar'Zl 20-1, before me, the undersigned officer,personally;appeared Scott R Thomas known to me(or satisfactoriI proven)to be the person(s)whose name(s)QYare subscribed to the within instrument and acknowledged that h shelthey executed the same for the purposes herein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission Expires: j Q WBNII,TH OF PENNSYLVANIA j NCYrARIAL SEAL T 090 A GEM,NOTARY PUBLIC 1J 53LM%VV=TWP,CUMBMAND COUMPY CqMLaSION Ed7iPHW APR 24,2014 D Title of Officer Certificate of Residence do hereby certify that the correct address of the within-named Mortgagee is 349 Union Street,Millersburg,PENNSYLVANIA 17061. Witness my hand this day off I Agent ofMortgagee PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 6(PA)(0804) Page 16 of 16 Initials: i y 1 r ROBERT P. ZIEGLER RECORDER OF DEEDS � T CUMBERLAND COUNTY -_ 1 COURTHOUSE SQUARE CARLISLE, PA 17013 - 717-240-6370 i i Instrument Number-201211284 Recorded On 4/18/2012 At 11:01:17 AM *Total Pages- 18 *Instrument Type-MORTGAGE Invoice Number- 106363 User ID-MSW *Mortgagor-THOMAS,SCOTT R *Mortgagee-MID PENN BANK *Customer-HOMETOWN SETTLEMENTS LLC *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $37.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION. $10.00 FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES .FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $88.00 I I I Certify this to be recorded in Cumberland County PA �j of CU yr �o R F RECORDER O DEDS t�ao *-Information denoted by an asterisk may change during j the verification process and may not be reflected on this page. II ``003S3A II 111�IIIIIIIIIII)IIIIIIIIIII 1 /0000 MID PENN BANK Mid Penn Bank 5500 Allentown Blvd. Harrisburg, PA 17112 March 19, 2014 ACT 6/91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour 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 Agencv. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any Questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES 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. EXHIBIT 349 Union Street, Millersburg, PA 17061 • 1-866-642-7736 • midpennbank.c D Member FDIC s �J Borrower : Scott R Thomas Collateral Address: 1059 C York Road, Dillsburg PA 17019 Loan account number: 9806894 Original lender: Mid Penn Bank Current Lender/Servicer: Mid Penn Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: •IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND •IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE: Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30) days from the date of this Notice(plus three(3)days for mailing). During that time you must arrange and attend a"face-to-face"meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33)DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES: If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty(30)days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. r HOW TO CURE YOUR MORTGAGE DEFAULT (Brim it up to date). NATURE OF THE DEFAULT: The MORTGAGE debt held by the above lender in relation to your property located at 1059 C York Road, Dillsburg PA 17019("Real Property") is seriously in default because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS. The following months are now past due: January 1, 2014: $ 2,201.00 February 1,2014: $ 2,201.00 March 1,2014: $ 2,201.00 Late Charges: $ 1,156.56 Attorney Fees/costs: $ 0.00 Other Charges: $ 0.00 Total Amount Due as of 03/19/2014 $ 7,759.56 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 $7,759.56 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: Mid Penn Bank 5500 Allentown Blvd Harrisburg, PA 17112 Attn:Bruce Enders IF YOU DO NOT CURE THE DEFAULT: If you do not cure the default within THIRTY(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON: The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys,but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' 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. L . 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. s i s �L (717) 232-9757 Neighborhood Housing PHFA Services of Reading (717) 780-3940 (610) 372-8433 (800) 342-2397 Franklin County Lebanon County Adams County Interfaith Schuylkill Community Housing Authority Action (717) 334-1518 (570) 622-1995 Tabor Community Service, American Red Cross Inc Hanover (717) 397-5182 Chapter (800) 788-5062 (717) 637-3768 (888) 511-2227 CCCS of Western PA (888) 511-2227 York County Community Action Commission of Capital Adams County Interfaith Region Housing Authority (717) 232-9757 (717) 334-1518 American Red Cross - Hanover Maranatha Chapter (717) 762-3285 (717) 637-3768 Base, Inc Lancaster County (717) 392-5467 American Credit Counseling Institute CCCS of Western PA (888) 212-6741 (888) 511-2227 Housing Alliance of York Base, Inc (717) 854-1541 (717) 392-5467 (800) 788-5062 CCCS of Lehigh Valley (610) 821-4011 (800) 837-9815 CCCS of Western PA (888) 511-2227 i A U.S. Postal SerVi6eThl i,' MAIL. RECEIPT f M Ortlestic Mail Ocoverage Provided) nly; f - cc - - ti ru rU E' Postage $ 3i].7U ul i f� Certified Fee 14 ta,ratk� C Return Receipt Fee C'7��F9 Postma " r C3 (Endorsement Require d) y .x.71) H C3 Restricted Delivery Fee (Endorsement Required) Er Total Postage&Fees $ ¢• ,(fj (1'3/14/2014 nu Sent To t I � Street,rapt.N-.;- p or PO Box No. h' City State.ZlP+4 ---------"°" -----` --- i - or i �:.�lc� SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature i 1 item 4 if Restricted Delivery is desired. ❑Agent . I I ■ Print your.name and address on the reverse X ❑Addressee I so that W Can return the card to you. B. Received by(Printed Name) C. Date of Delivery i I ■ Attach tliard to'the back of the mailpiece, I or on thWHnt if space permits. D. Is delivery address different from item 1? ElYes 1. Article Addressed to: i If YES,enter delivery address below: ❑ No S cat Th0.-c-S. I n , 1 l 1 C y ur 3. Service Type i I X[Pertified Mail 0 Express Mail i O Registered ❑'Return Receipt for Merchandise I i ❑Insured Mail ❑C.O.D. 1 4. Restricted Delivery?(Extra Fee) El Yes 1 2. Article Number - ( (Transfer from service labei) + ?011 2970 0000 7492 2283 _ i Ei P9 Form 3811,Februay 20041 1 ;-Domestic Return Receipt –'– v — _ 102595-02-M-1540 i f ov t I® PENN BANK 894 NORTH RIVER ROAD•HALIFAX,PA 17032 U.S. POSTAGE HHMAi�7112 oNl7nFDs�h T£S III I. AMOUNTI9 � 7011 2970 0000 7492 2283 _ � S Fi� iQT11'i ............. RETURN .T.a 'SEi6vG'(7 UNC!AIMED UNABLE TO FORWARD ^j 0— I h; 05/29/2014 14:49 7172745123 HENRY AND BEAVER. PAGE 02/09 FORM 1 coMMON PLEAS OF IN THE COURT OF PENNSYLVANIA Mid Penn Bank CUMBEKI AND COUNTY, Plaintiff(s) Scott R, Thomas ?j O civil Defendant(s) NOTICE OF RESIDENTIAL MORTOA M FORECLOSURE DIVERSION PROGRA yuu have bean served with a foreclosure complaint that could cause you to lose your home. art which is the subject of this foreclosure action,you may be able to If you own and live in the residential prop y participate in a court-supervise)eonelliation 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 reC�ipt of chi:notice,you must contact MidPenn legal meet with the legal Services at(7171243-9x00 extension 257.0 or(800)822-5298 a IeRal'oepresentatve4 You n 2510 an muuest stnpromptiytment of a legal representative, 11 at no charge to you. once yuv have been appointed representative within twenty (20) days of the appointment date. During that meeting, you nest provide the lf. I osal can repro crntative with all requested financial information financial wurksh et In thefo m1 at attached hereto,the Pegal representativeared 6n your will you and your legal representative complete which bU Clays prepare and file a Request for Conciliation co plainte F you do soith the uand a cone I atlon conference ust be filed llis scheduled,Iyou will have an of the servi6e upon you of the fnreclosure comp Y opportunity to meet with a representative of your lender In an attemptto work out reasonable arrangomentn with your lender before the mortgage foreclosure suit proceeds forward. If'youare represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not n8cessary For you to contact MidPenn Legal Service for the ur er in ed financial infrirmationso that appointment of a legal representative.'a ed on your behalfHowever,you t provide you a andyouraywyerlComlplete a fin nt al worksheet n the format a loan resolution proposal can be prepared attached hereto,your lawyer will p�eNarc and file a Raquest fnr Conciliation Conference with the Court,which must be file with the Court within sixty ( w days of the service upon you of the foreclosure complaint- If you do so and a conCllidtion conference is scheduled,you will have am pefo a unitythe to mortgage fo ec luaurc:unt proceeds forwardrepresetative of your er in an attempt to work out reasonable arrangements with your tender IF YOU WISH To SAVE YOUR NOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED DY THIS NOTICE. THJS PROGRAM IS FREE. es I itte 5 natu Couns I for Plaintiff Date 05/29/2014 14:49 7172745123 HENRY AND BEAVER PAGE 03/09 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# Scott R_Thomas BORROWER REQUEST FOR HARDSHIP A55ISIANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine po»iijlc upliorn5 while working with your Please provide the following information to the best of your knowledge: • ' Borrower name(s): scoff R,Thomas Property Address: State: Zip: City: Price: Is the property for sale? Yes F] No El Listing date: $ Reallur Name: Realtor Phone: Borrower Occupied: Yes❑ No❑ Mailing Address(if different) State: Zip; City: Phone Numbers: Home: Office: Cell: Other: Email: A ur Ncvple In houachold: How Ione? CO BORROWER Mailing Addresq- State; Zip; City: Phone Numbers: Home: Office; Cell: Other: Email; #of people in household: How long? INFORMATIONFINANCIAL First Mortgage I.enriPr: Type of Loan: Date You Closed Your Loan: Loan Number; Second Mortgage Lender; Type of Loan: Loan Number: Total Mortgage Payments Amount;$ Included Taxes and Insurance: Dote of Last P;yment: Primary Reason for Default: location of court,case number&attorney: Is the loan in Bankruptcy? Yes❑ No❑ if yes,provide names, 05/29/2014 14:49 7172745123 HENRY AND BEAVER. PAGE 04/09 Value: Amount s Home: $ $ Other Real Estate: S ` Retirement rund,• $ ►nvestments: $ Checking: $ $ savings: $ $ Other: $ Year Automobile 1:Model: value: Amount owed. Year:_ Autom�#2:Model: Value: Amount owed; motorc �I sModel: autm iSoa s Oth r trans ortati b Value: Year:�� Amount owll ed: moi3thl Int m Name of Employers: Monthly Gross Monthly Net_ 1 Monthly Net Monthly Gross 2. Monthly Gross Monthly Net�-- 3. Additional Income Description(not wages): Monthly Amount: 1, Monthly Amount: 2, -' Co-Borrower Pay Days: Borrower Pay nays:_ Monthl Ex nses: Please onl include ex enses ou ar c rrentl a i-911AMOUNT EXPENSE AMOUNT EXPENSEFood Mortgage Utilities 2�rvlurlgage ~�— Condo/Neigh.Fees Car Payment(s) Med.(not covered) Auto Insurance Other Prop.Payment Auto fuel/repairs Cable TV Install.Loan payment spending Money fhilri Slip port/Alim. Other ExtiGnees Day/Child Care/Tuft. Amount Available for Mwiffily Mort906o Payments ERased on Income and Expenses: Have you been working with a Housing Counseling Agency? YCs 0 No 0 If yes,please provide the following information: Counseling Agency: Counselor: Fax: Phone(Office): Email: 05/29/2014 14:49 7172745123 HENRY AND BEAVER. PAGE 05/09 Have you mane application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes F] No❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone:— Servicing hone:_Servicing Company(Name)- Contact: Phone:— I/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Datc Please furward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement(if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed 05/29/2014 14:49 7172745123 HENRY AND BEAVER PAGE 06/09 FORM 3 Mid peon Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYI VANIA Plaintiff(s) VS. Scott R. Thomas Defendants) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Furem:lusure Diversion Program, the undersigned herphy 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 Slept required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are rnacle subject to the penalties of 13 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 05/29/2014 14:49 7172745123 HENRY AND BEAVER PAGE 07/09 FORM 4 Mid Penn Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY.PENNSYLVANIA Plaintiff(s) VS. Sett R. Thomas Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW,this day of 1 20 ,the defendant/borrower in the above-captioned residential mortgage foreclosure action having riled a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at _ M. in at the Cumberland County Courthouse, Carlisle,Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Wuf ksheet' (Form 2) which has becn completed by the defenrinnt/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the 05/29/2014 14:49 7172745123 HENRY AND BEAVER PAGE 08/09 Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court,the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for tha parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the. actual authority to reach a mutually acceptable resolution, and counsel fnr the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conferenrp 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offeriiig the lender a decd in lieu of foreclosure; 05/29/2014 14:49 7172745123 HENRY AND BEAVER, PAGE 09/09 entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months;and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, I i 0 Tiii ?9 rW ifBE13LAND COMITY PENN'S yLMNI HENRY & BEAVER.LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS :Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. V, SCOTT R. THOMAS, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Sir, please enter the appearance of Marc A. Hess, of the law firm of Henry & Beaver LLP whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140, as attorney for Mid Penn Bank, the Plaintiff in the above- captioned matter. 'V\Dated: 12014 i ARC A. HESS .D. #55774 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE' .F.FIFF THE HOTHONO I. `. I' JUL - I i",H 9: 52 CUMBERLAND COUNTY PENNSYLVANIA Mid Penn Bank vs. Scott R Thomas Case Number 2014-3288 SHERIFF'S RETURN OF SERVICE 06/12/2014 08:07 PM - Deputy Amanda Ebersole, 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: Scott R Thomas at 1059C York Road, Monroe Township, Dillsburg, PA 17019. VOCaldil ELY Oath AMANDA EBERSOLE, DEPUTY 06/12/2014 08:07 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, 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 Served" at 1059C York Road, Monroe Township, Dillsburg, PA 17019. There are no occupants other than the defendant Scott R. Thomas. SHERIFF COST: $55.30 SO ANSWERS, June 13, 2014 RONF'1Y R ANDERSON, SHERIFF (c) CountySuito Sherif, Teleosoft, Inc. HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, Plaintiff vs. SCOTT R. THOMAS, Defendant E PRO T Hi'lNC3 TA 21114AUG .1S n 12: 54 CUMBERL PENNSYND ANIIANT Y : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 14-3288 Civil MOTION FOR TERMINATION OF TEMPORARY STAY PURSUANT TO CUMBERLAND COUNTY MORTGAGE FORECLOSURE DIVERSION PROGRAM COMES NOW, Mid Penn Bank, Plaintiff, by and through its undersigned counsel and avers the following: 1. On or about May 29, 2014, Plaintiff filed an action in mortgage foreclosure against Defendant and his residential real property commonly known and numbered as 1059C York Road, Dillsburg, Monroe Township, Cumberland County, Pennsylvania 17019, which action was docketed to the above term and action number. 2. Attached to the Complaint was a Notice to Plead. As well, Plaintiff included the Notice of Residential Mortgage Foreclosure Diversion Program as required by Cumberland County Administrative Order entered to No. 12-16169 Civil Term. 3. The Complaint and Notice of Residential Mortgage Foreclosure Diversion Program was served upon Defendant, Scott R. Thomas, on June 12, 2014 as is evidenced by the Sheriff's Return of Service filed in the within matter. 4. Defendant has neither entered an appearance nor a defense in the within matter nor has he opted to participate in the diversion program by taking the affirmative steps required by the Notice. WHEREFORE, Plaintiff respectfully requests the Court enter the proposed Order attached hereto terminating the temporary stay imposed in this matter. HENRY & BEAVER LLP By: kw4.11%,:we MRC A. ES 1.6. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff 2 VERIFICATION I verify that the statements made in this Motion for Termination of Temporary Stay Pursuant to Cumberland County Mortgage Foreclosure Diversion Program are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. HENRY & :EAVER LLP By: AF7 . HESS I.D. #55774 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Lisa I. Fox, of the firm of Henry & Beaver LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Motion for Termination of Temporary Stay Pursuant to Cumberland County Mortgage Foreclosure Diversion Program by regular United States mail, postage prepaid, o to the following: Scott R. Thomas 1059C York Road Dillsburg, PA 17019 , 2014, HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 • Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, Plaintiff vs. SCOTT R. THOMAS, Defendant '..,,'.... ';112.01 CUt BBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 14-3288 Civil ORDER OF COURT AND NOW, this 20' day of &rol'-- , 2014, upon consideration of Plaintiff's Motion for Termination of Temporary Stay Pursuant to Cumberland County Mortgage Foreclosure Diversion Program it is hereby ORDERED that the temporary stay of foreclosure in the within matter pursuant to the Cumberland County Mortgage Foreclosure Diversion Program; No. 12-16169 Civil Term, is hereby TERMINATED and VACATED as to Mid Penn Bank and its action filed to No. 14-3288 Civil. Mid Penn Bank is free to proceed with said action. ,/,..561-4-- 12, illeivra:.S Pure A. Paas; - I j� i eS »a./ed BGG BY THE COURT, Plaintiff(s) vs. FORM 3 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 1/4S -Cor Defendant(s) : REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 20Igoverning the Cumberland County Residential Mortgage Foreclosure Diversion Program, the dersigned 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; 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 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendan nsel/Appointed Legal Representative Signature o Defendan Signature ofdfildant D te Date Date MID PENN BANK, : IN THE COURT OF COMMON PLEAS OF = CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW SCOTT R. THOMAS No. 14-3288 Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel for the Defendant, Mr. SCOTT R. THOMAS in the above captioned cases. ;M Respectfully submitted, —17/77/la Date: MICHAEL O. PALER 3300 Trindle Road Camp Hill, PA 17011 (717) 635-9591 (direct) (717) 635-9725 (fax) PA Supreme Court ID #93334 mop@palermolawoffices.com JR., ESQ. MID PENN BANK, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. SCOTT R. THOMAS Defendant CIVIL ACTION - LAW No. 14-3288 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 18th day of September, 2014, he caused a copy of this ENTRY OF APPEARANCE to be served upon the following by first clag in"ail:Togtag6 Dre-paid, addressed as follows: HENRY -8z BEAVER In care of Marc A. Hess, Esquire As Counsel for Mid Penn Bank 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Respectfully, MICHAEL 0. PALE 0, JR., ESQ. For the Defendant MID PENN BANK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff CIVIL ACTION - LAW --- -7- _,-- v. : m C.-.."1 0'1 .-.... fil 71 cn r— no SCO I 1 R. THOMAS No. 14-3288 Defendant : >c PRELIMINARY OBJECTIONS OF DEFENDANT, SCOTT R. THOMAS G., AND NOW, comes the Defendant, Scott R. Thomas herein and files these Preliminary Objections to the Complaint filed by Mid Penn Bank, Inc. 1. On September 18, 2014, the undersigned entered his appearance on behalf of the Defendant, Scott R. Thomas. 2. Simultaneously with that filing, a Request for Conciliation Conference was filed pursuant to the Cumberland County Mortgage Foreclosure Diversion Program. A Copy of the same is attached hereto as Exhibit A. 3. Defendant's request was served upon Counsel for Mid Penn Bank by First Class Mail — postage prepaid. 4. Proceeding with Foreclosure is inappropriate at this time as Defendant has elected to proceed in accordance with the February 28, 2012 Administrative Order of the Honorable President Judge Kevin A. Hess, establishing the Cumberland County Mortgage Foreclosure Diversion Program. Date: WHEREFORE, Defendant request that the Complaint in Foreclosure be stayed indefinitely until a Conciliation Conference is held in the above captioned matter. Respectfully submitted, MICHAEL O. PALERMO 3300 Trindle Road Camp Hill, PA 17011 (717) 635-9591 (direct) (717) 635-9725 (fax) PA Supreme Court ID #93334 mop@palermolawoffices.com SQ. MID PENN BANK : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. SCOTT R. THOMAS, Defendant : NO. 14-3288 : CIVIL ACTION — LAW VERIFICATION The undersigned, hereby certifies that the information contained herein is based upon the information, belief and knowledge in his official capacity of Counsel of Record and does so with knowledge that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: Respectfully submitted, PALERMO LAW OFFICES Michael 0. Pale Jr., Esquire 3300 Trindle Roa Camp Hill, PA 17011 (717) 635-9591 Supreme Court ID #93334 For Scott R. Thomas, Defendant MID PENN BANK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. SCOTT R. THOMAS No. 14-3288 Defendant : CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 23'day of September, 2014, he caused a copy of these Preliminary Objections to be served upon the following by first class mail, postage pre -paid, addressed as follows: HENRY & BEAVER In care of Marc A. Hess, Esquire As Counsel for Mid Penn Bank 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Respectfully, MICHAEL O. PALERM •'��' . ESQ. For the Defendant MIDPENN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. • SCOTT R. THOMAS, Defendant : CIVIL ACTON — LAW : NO. 14-3288 CIVIL IN RE: REQUEST FOR CONCILIATION CONFERENCE ORDER AND NOW, this 2 S day of September, 2014, it appearing that the stay in this case, entered pursuant to the Cumberland County Mortgage Foreclosure Diversion Program, was terminated on August 20, 2014, by virtue of the defendant's inactivity, his request for conciliation conference, dated September 18, 2014, is DENIED.1 BY THE COURT, /- Marc A. Hess, Esquire 937 Willow Street P. O. Box 1140 Lebanon, PA 17042-1140 ®- Michael Palermo, Jr., Esquire 3300 Trindle Road Camp Hill, PA 17011 :rim eop; e Ma,: 1 Nothing herein shall prevent the defendant from filing a petition for a conciliation conference with a rule returnable. MID PENN BANK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA C) ra Plaintiff c • CIVIL ACTION - LAWrn co , ' Pi C3 r./1 v. • z --I —�t-cm r , D 0— SCOTT R. THOMAS • No. 14-3288 <o ` Defendant : > ; PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS AS MOOT C' AND NOW, comes the Defendant, Scott R. Thomas herein and files this Praecipe to Withdraw his Preliminary Objections to the Complaint filed by Mid Penn Bank, Inc. 1. On September 18, 2014, the undersigned filed Preliminary Objections on behalf of the Defendant, Scott R. Thomas. 2. On September 25, 2014, the Honorable President Judge Kevin A. Hess denied Defendant's request for Mortgage Conciliation, as the program no longer is in effect. 3. The Order of September 25, 2014 renders the previously filed Preliminary Objections Moot as the relief sought is no longer available. 4. The undersigned has spoken with Counsel for Mid-Penn Bank, Marc Hess, Esquire and they agree that the Objections are moot and can be withdrawn. WHEREFORE, Defendant request that the Preliminary Objections filed in the above captioned matter be withdrawn as MOOT. /D Respectfully submit�l, Date: ` l01 MICHAEL O. PALERMO, ., ESQ. 3300 Trindle Road Camp Hill, PA 17011 (717) 635-9591 (direct) mop@palermolawoffices.com MID PENN BANK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. • SCOTT R. THOMAS : No. 14-3288 • Defendant • CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 16th day of October, 2014, he caused a copy of this Praecipe to be served upon the following by first class mail, postage pre-paid, addressed as follows: HENRY & BEAVER In care of Marc A. Hess, Esquire As Counsel for Mid Penn Bank 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Respectfully, MICHAEL O. PALERMO, JR., ESQ. For the Defendant A HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, Plaintiff vs. SCOTT R. THOMAS, Defendant 'LEVIN' 31 cu3!'lriERL,{'.l:il COW' !L f 1 ENUS.i L\'1 i•dl'''. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 14-3288 Civil PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff, Mid Penn Bank, and against Defendant, Scott R. Thomas, for his failure to plead to the Complaint in this action within the time required. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof. Defendant was served with the Complaint on June 12, 2014, and an Order of Court terminating the temporary stay pursuant to Cumberland County Mortgage Foreclosure Diversion Program was entered August 20, 2014. Defendant's answer was due to be filed on September 9, 2014. vs.D\-:\c,e Attached as Exhibit "A" is a copy of Plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment which I certify was given in accordance with Pa.R.C.P. 237.1 by regular mail to the Defendant at his last known address and to his attorney of record, Michael O. Palermo, Jr., Esquire, on October 17, 2014, which is at least ten (10) days prior to the filing of this Praecipe. Please enter judgment by default in favor of Plaintiff and against Defendant in the amount of: Principal - Interest to 3/26/2014 - Late Fees to 3/26/2014 - Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - Total - $ 293,186.70 4,893.36 1,156.56 2,500.00 $ 301, 736.62 Plus interest after March 26, 2014, and continuing after entry of judgment at the contract rate ($42.0086 per diem), actual and additional attorney's fees, additional late fees after March 26, 2014, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy, being the amount demanded in the Complaint. HE By: 4. LL'/1.1147.1*ST M /RC" : I.1 #55 74 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, Plaintiff vs. SCOTT R. THOMAS, Defendant To: Scott R. Thomas 1059 C York Road Dillsburg, PA 17019 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 14-3288 Civil Scott R. Thomas c/o Michael O. Palermo, Jr., Esquire PALERMO LAW OFFICES 3300 Trindle Road Camp Hill, PA 17011 Date of Notice: October 17, 2014, 2014 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 (10) DAYS FROM THE EXHIBIT DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 HENRY *VER LP By: MRC A. HE. S I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff • IJNITEDSTATESS POST4LSERV10Ee This Certificate of Mailing provides evidena This form mabe used for dom ap.g.int From: t8 �9,•,�iStS T•�jj� ai1i- q9P To pay fee, affoc stamps or eter postage here. '4111=www, PITNEY BOWES 02 1P $ 001.300 0001776012 OCT 17 2014 MAILED FROM ZIP CODE 17046 To: [05°Iaat —11.1k0{09 Up IA 11() \O PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITEDSTATES N POSTALSERVICE® This.Certifcate of Mailing provides evi ence that This form ....44{ sed fordomestic inte • aio From: Postmark Hete `Nrq To pay fee, affk stamps or llading eter postage here r-� PITNEY BOWES 0 To: J v t Ire 0001776012 OCT 17 2014 AFrTZt+MAILED FROM ZIP CODE 17046 $ 001.30° 306 f`Ad �► a�,�. PS Form 3817, April 2007 PSN 7530-02-000-9065 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, Plaintiff vs. SCOTT R. THOMAS, Defendant To: Scott R. Thomas 1059 C York Road Dillsburg, PA 17019 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 14-3288 Civil Scott R. Thomas c/o Michael O. Palermo, Jr., Esquire PALERMO LAW OFFICES 3300 Trindle Road Camp Hill, PA 17011 NOTICE OF ENTRY OF JUDGMENT Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by default in the above proceeding was entered against you on 0('J. s) , 2014 in the amount of: Principal - Interest to 3/26/2014 - Late Fees to 3/26/2014 - Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - Total - $ 293,186.70 4,893.36 1,156.56 2,500.00 $ 301,736.62 Plus interest after March 26, 2014, and continuing after entry of judgment at the contract rate ($42.0086 per diem), actual and additional attorney's fees, additional late fees after March 26, 2014, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. A copy of the Praecipe for Entry of Judgment by Default is attached hereto. Date: c5d. / , 2014 PROTHONOTARY HENRY & BEAVER ° LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, Plaintiff vs. SCOTT R. THOMAS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 14-3288 Civil PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contact or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966, as amended; and for real property pursuant to Act 6 of 1974, as amended. Issue a Writ of Execution in the above matter directed to the Sheriff of Cumberland County to levy upon the real property commonly known as 1059C York Road, Dillsburg, Monroe Township, Cumberland County, Pennsylvania 17019 and as more fully described in Exhibit "A" attached hereto. Amount Due - Principal - �s� �� J� pi Interest to 3/26/2014 - SS. 364 Late Fees to 3/26/2014 - Attorney's Fees for Foreclosure t ` tt (estimated herein, actual to be collected) - tki) S0Total - may. as Fa 41,,p 49.51,(fi (to jZ� �N�o'� �%✓'t 6-60 Ssuecl $ 293,186.70 4,893.36 1,156.56 2,500.00 $ 301,736.62 Plus interest after March 26, 2014, and continuing after entry of judgment at the contract rate ($42.0086 per diem), actual and additional attorney's fees, additional late fees after March 26, 2014, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. HENRY & BEAVER LLP By: A. HES I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff ALL THAT CERTAIN tract of land, together with improvements thereon found, situate in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a railroad spike set in concrete, which spike marks the common point of adjoiner of lands now or formerly of Donald A. DeMartyn, Kenneth L. Mshar, the within described tract, and lands now or formerly of Steven M. Zeigler; thence extending along last mentioned lands, South seventy-three (73) degrees forty-seven (47) minutes thirty-one (31) seconds West, for a distance of six hundred ninety-one and ninety-three hundredths (691.93) feet to a steel pin set in an existing stone pike at other lands now or formerly of Michael J. Horne; thence extending along said lands, North eleven (11) degrees twenty-six (26) minutes twenty-five (25) seconds West, for a distance of eight hundred two and fifteen hundredths (802.15) feet to a steel pin at lands now or formerly of Janey Gunn; thence extending along said lands, North twenty-three (23) degrees eighteen (18) minutes thirty-five (35) seconds East, for a distance of two hundred sixty- four and zero hundredths (264.00) feet to a rebar found in an existing stone pike at lands now or formerly of Donald S. Klugh; thence extending along said lands, South sixty-one (61) degree eight (8) minutes eleven (11) seconds East, for a distance of four hundred twenty-seven and eighty-seven hundredths (427.87) feet to a railroad spike found in stones and concrete at lands now or formerly of Kenneth L. Mshar; thence extending along said lands, South twenty-eight (28) degrees forty (40) minutes eight (8) second East, for a distance of five hundred sixty-seven and seventy-eight hundredths (567.78) feet to a steel pin in a stone pile; thence continuing South twenty-eight (28) degrees forty-six (46) minutes fifty-seven (57) seconds East, for a distance of one hundred forty-nine and thirty hundredths (149.30) feet to a railroad spike set in concrete, said spike marking the place of BEGINNING. CONTAINING ten (10) acres, more or less, according to a Plan of Properties prepared for Michael J. and Jennifer L. Horne by John R. Williams, Registered Surveyor, dated June 6, 2002 and being improved by a single-family residence and other outbuildings, known and municipally numbered 1059-C York Road, Dillsburg, Pennsylvania 17019. UNDER AND SUBJECT, NEVERTHELESS, to the reservations of an access easement and right-of-way as set forth in the Deed recorded at Book 259 at Page 3046 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania for the purposes of ingress, egress and regress to and from the premises that are known and municipally numbered as 1059-E York Road, Dillsburg, Pennsylvania, are located immediately to the west of the within described tract, and which adjoin the within described tract, the terms of use and maintenance of which are incorporated herein by reference thereto. TOGETHER WITH and under and subject to all the rights, privileges, benefits, easements, obligations, conditions, restrictions, exceptions, reservations, terms ad provisions contained in former deeds in the chain of title. EXHIBIT 1J4 BEING THE SAME PREMISES which Scott R. Thomas and Hilary A. Thomas, husband and wife, granted and conveyed unto Scott R. Thomas, an adult individual, by Deed dated April 11, 2012 and recorded April 18, 2012 in the Office of the Recorder of Deeds .in and for Cumberland County, Pennsylvania at Instrument No. 201211283. KNOWN AS 1059-C York Road, Dillsburg, Pennsylvania 17019 TAX PARCEL NO. 22-12-0350-046 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, Plaintiff vs. SCOTT R. THOMAS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 14-3288 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 Mid Penn Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed and as of the present time the following information concerning the real property located at 1059C York Road, Dillsburg, Monroe Township, Cumberland County, Pennsylvania 17019, and having a legal description as set forth on Exhibit "A" attached hereto and incorporated by reference: 1. Name and address of Owners or Reputed Owners: Name Address Scott R. Thomas 1059 C York Road Dillsburg, PA 17019 2. Name and address of Defendants in the judgment. Name Scott R. Thomas Address 1059 C York Road Dillsburg, PA 17019 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Mid Penn Bank Pennsylvania Department of Revenue Bureau of Compliance Michael Quaid Address 5500 Allentown Boulevard Harrisburg, PA 17112 Department 280948 Harrisburg, PA 17128 4104 Spring Valley Road, #A1 Harrisburg, PA 17109 4. Name and address of the last recorded holder of every mortgage of record: Name Mid Penn Bank Pennsylvania State Employees Credit Union Address 5500 Allentown Boulevard Harrisburg, PA 17112 P.O. Box 67013 Harrisburg, PA 17106 5. Name and Address of every other person who has any record lien on the property: Name Address n/a 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: n/a Name Address 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: Name Tenant / Occupant Michael O. Palermo, Jr., Esquire Hilary A. Thomas Michael J. Horne Jennifer L. Horne Ocwen Loan Servicing, LLC First NLC Financial Services, LLC Cumberland Valley School District Monroe Township, Cumberland County Monroe Township Tax Collector Address 1059C York Road Dillsburg, PA 17019 PALERMO LAW OFFICES 3300 Trindle Road Camp Hill, PA 17011 1065 Pennsylvania Avenue Harrisburg, PA 17111 1059 East York Road Dillsburg, PA 17109 3451 Hammond Avenue Waterloo, IA 50702 700 West Hillsboro Boulevard Deerfield Beach, FL 33441 6746 Carlisle Pike Mechanicsburg, PA 17050 1220 Boiling Springs Road Mechanicsburg, PA 17055 Mary A. Murray 1375 Creek Road Boiling Springs, PA 17007 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square, Room 106 Carlisle, PA 17013 Cumberland County Treasurer Cumberland County Courthouse One Courthouse Square, Room 103 Carlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street Support Division P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Revenue Bureau of Individual Taxes P.O. Box 280603 Harrisburg, PA 17128-0603 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare T.P.L. Casualty Unit Estate Recovery Program 6th Floor, Strawberry Square Department 280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 Internal Revenue Service 1000 Liberty Avenue, Room 704 Advisory Unit Pittsburgh, PA 15222 Internal Revenue Service Technical Support Group William Green Federal Building 600 Arch Street, Room 3259 Philadelphia, PA 19106 Internal Revenue Service 600 Arch Street, Room 3259 Advisory Unit Philadelphia, PA 19106 Internal Revenue Service 1000 Liberty Avenue, Room 704 Advisory Unit Pittsburgh, PA 15222 Internal Revenue Service Federal Estate Tax Special Procedures Branch 600 Arch Street P.O. Box 1205 Philadelphia, PA 19105 - 4 - The information provided in this Affidavit is based on a lien search which covers through November 3, 2014. Subsequent to the date of filing the Praecipe for Writ of Execution the lien search will be updated to and through the date of filing the Praecipe for Writ of Execution, and if there are any additional mortgages, judgments or liens, or any party entitled to notice of sheriff's sale, said Notice will be provided at least thirty (30) days prior to the sale date and an Amended Affidavit Pursuant to Rule 3129.1 will be filed. verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: QCU J - D61Lt HENRY:,`:EA ER LLP eirAWA _ vaLearnal ::!o ES` I.D. #55774 By: Attorney for Plaintiff ALL THAT CERTAIN tract of land, together with improvements thereon found, situate in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a railroad spike set in concrete, which spike marks the common point of adjoiner of lands now or formerly of Donald A. DeMartyn, Kenneth L. Mshar, the within described tract, and lands now or formerly of Steven M. Zeigler; thence extending along last mentioned lands, South seventy-three (73) degrees forty-seven (47) minutes thirty-one (31) seconds West, for a distance of six hundred ninety-one and ninety-three hundredths (691.93) feet to a steel pin set in an existing stone pike at other lands now or formerly of Michael J. Horne; thence extending along said lands, North eleven (11) degrees twenty-six (26) minutes twenty-five (25) seconds West, for a distance of eight hundred two and fifteen hundredths (802.15) feet to a steel pin at lands now or formerly of Janey Gunn; thence extending along said lands, North twenty-three (23) degrees eighteen (18) minutes thirty-five (35) seconds East, for a distance of two hundred sixty- four and zero hundredths (264.00) feet to a rebar found in an existing stone pike at lands now or formerly of Donald S. Klugh; thence extending along said lands, South sixty-one (61) degree eight (8) minutes eleven (11) seconds East, for a distance of four hundred twenty-seven and eighty-seven hundredths (427.87) feet to a railroad spike found in stones and concrete at lands now or formerly of Kenneth L. Mshar; thence extending along said lands, South twenty-eight (28) degrees forty (40) minutes eight (8) second East, for a distance of five hundred sixty-seven and seventy-eight hundredths (567.78) feet to a steel pin in a stone pile; thence continuing South twenty-eight (28) degrees forty. -six (46) minutes fifty-seven (57) seconds East, for a distance of one hundred forty-nine and thirty hundredths (149.30) feet to a railroad spike set in concrete, said spike marking the place of BEGINNING. CONTAINING ten (10) acres, more or less, according to a Plan of Properties prepared for Michael J. and Jennifer L. Horne by John R. Williams, Registered Surveyor, dated June 6, 2002 and being improved by a single-family residence and other outbuildings, known and municipally numbered 1059-C York Road, Dillsburg, Pennsylvania 17019. UNDER AND SUBJECT, NEVERTHELESS, to the reservations of an access easement and right-of-way as set forth in the Deed recorded at Book 259 at Page 3046 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania for the purposes of ingress, egress and regress to and from the premises that are known and municipally numbered as 1059-E York Road, Dillsburg, Pennsylvania, are located immediately to the west of the within described tract, and which adjoin the within described tract, the terms of use and maintenance of which are incorporated herein by reference thereto. TOGETHER WITH and under and subject to all the rights, privileges, benefits, easements, obligations, conditions, restrictions, exceptions, reservations, terms ad provisions contained in former deeds in the chain of title. EXHIBIT BEING THE SAME PREMISES which Scott R. Thomas and Hilary A. Thomas, husband and wife, granted and conveyed unto Scott R. Thomas, an adult individual, by Deed dated April 11, 2012 and recorded April 18, 2012 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument No. 201211283. KNOWN AS 1059-C York Road, Dillsburg, Pennsylvania 17019 TAX PARCEL NO. 22-12-0350-046 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box' 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, Plaintiff vs. SCOTT R. THOMAS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 14-3288 Civil NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania in a room location to be posted at every entrance on WEDNESDAY MARCH 4, 2015 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Scott R. Thomas which are more fully described below: OWNER OF PROPERTY: LOCATION OF PROPERTY TO BE SOLD: Scott R. Thomas 1059C York Road Dillsburg, Monroe Township Cumberland County, Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit This Sheriffs sale takes place pursuant to a Judgment against Scott R. Thomas in favor of Mid Penn Bank which Judgment was entered at No. 14-3288 Civil in the amount of: Principal - Interest to 3/26/2014 - Late Fees to 3/26/2014 - Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - Total - $ 293,186.70 4,893.36 1,156.56 2,500.00 $ 301,736.62 Plus interest after March 26, 2014, and continuing after entry of judgment at the contract rate ($42.0086 per diem), actual and additional attorney's fees, additional late fees after March 26, 2014, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. 2 YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriffs Sale, but before delivery of the Sheriffs Deed to the real property, a petition to set aside the Sheriffs Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Mar A. Hess I.D. #55774 HENRY & BEAVER LLP Attorney for Plaintiff Ronny R. Anderson Sheriff of Cumberland County 3 ALL THAT CERTAIN tract of land, together with improvements thereon found, situate in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a railroad spike set in concrete, which spike marks the common point of adjoiner of lands now or formerly of Donald A. DeMartyn, Kenneth L. Mshar, the within described tract, and lands now or formerly of Steven M. Zeigler; thence extending along last mentioned lands, South seventy-three (73) degrees forty-seven (47) minutes thirty-one (31) seconds West, for a distance of six hundred ninety-one and ninety-three hundredths (691.93) feet to a steel pin set in an existing stone pike at other lands now or formerly of Michael J. Horne; thence extending along said lands, North eleven (11) degrees twenty-six (26) minutes twenty-five (25) seconds West, for a distance of eight hundred two and fifteen hundredths (802.15) feet to a steel pin at lands now or formerly of Janey Gunn; thence extending along said lands, North twenty-three (23) degrees eighteen (18) minutes thirty-five (35) seconds East, for a distance of two hundred sixty- four and zero hundredths (264.00) feet to a rebar found in an existing stone pike at lands now or formerly of Donald S. Klugh; thence extending along said lands, South sixty-one (61) degree eight (8) minutes eleven (11) seconds East, for a distance of four hundred twenty-seven and eighty-seven hundredths (427.87) feet to a railroad spike found in stones and concrete at lands now or formerly of Kenneth L. Mshar; thence extending along said lands, South twenty-eight (28) degrees forty (40) minutes eight (8) second East, for a distance of five hundred sixty-seven and seventy-eight hundredths (567.78) feet to a steel pin in a stone pile; thence continuing South twenty-eight (28) degrees forty-six (46) minutes fifty-seven (57) seconds East, for a distance of one hundred forty-nine and thirty hundredths (149.30) feet to a railroad spike set in concrete, said spike marking the place of BEGINNING. CONTAINING ten (10) acres, more or less, according to a Plan of Properties prepared for Michael J. and Jennifer L. Horne by John R. Williams, Registered Surveyor, dated June 6, 2002 and being improved by a single-family residence and other outbuildings, known and municipally numbered 1059-C York Road, Dillsburg, Pennsylvania 17019. UNDER AND SUBJECT, NEVERTHELESS, to the reservations of an access easement and right-of-way as set forth in the Deed recorded at Book 259 at Page 3046 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania for the purposes of ingress, egress and regress to and from the premises that are known and municipally numbered as 1059-E York Road, Dillsburg, Pennsylvania, are located immediately to the west of the within described tract, and which adjoin the within described tract, the terms of use and maintenance of which are incorporated herein by reference thereto. TOGETHER WITH and under and subject to all the rights, privileges, benefits, easements, obligations, conditions, restrictions, exceptions, reservations, terms ad provisions contained in former deeds in the chain of title. BEING THE SAME PREMISES which Scott R. Thomas and Hilary A. Thomas, husband and wife, granted and conveyed unto Scott R. Thomas, an adult individual, by Deed dated April 11, 2012 and recorded April 18, 2012 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument No. 201211283. KNOWN AS 1059-C York Road, Dillsburg, Pennsylvania 17019 TAX PARCEL NO. 22-12-0350-046 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 MID PENN BANK Vs. SCOTT R. THOMAS WRIT OF EXECUTION NO 2014-3288 Civil Term CIVIL ACTION — LAW 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: $301,736.62 L.L.: $.50 Interest AFTER MARCH 26, 2014, AND CONTINUING AFTER ENTRY OF JUDGMENT AT THE CONTRACT RATE ($42.0086 PER DIEM), ACTUAL AND ADDITIONAL ATTORNEY'S FEES, ADDITIONAL LATE FEES AFTER MARCH 26, 2014, AT THE CONTRACT RATE, COSTS OF SUIT AND ALL OTHER AMOUNTS, FEES AND COSTS INCURRING IN MAINTAINING AND PRESERVING THE PLAINTIFF'S COLLATERAL AND INCIDENTAL TO SUIT, EXECUTION AND LEVY. Atty's Comm: Atty Paid: $204.05 Plaintiff Paid: Date: 12/3/14 Due Prothy: $2.25 Other Costs: _e2Ae.;I:b..11toze David D. Buell, Prothonotary (Seal) B Deputy REQUESTING PARTY: Name: MARK A. HESS, ESQUIRE Address: HENRY & BEAVER, LLP 937 WILLOW STREET, P.O. BOX 1140 LEBANON, PA 17042 Attorney for: PLAINTIFF Telephone: 717-274-3644 Supreme Court ID No. 55774 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 14-3288 Civil SCOTT R. THOMAS, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF LEBANON I, Lisa I. Fox, of the law firm of Henry & Beaver LLP, depose and state that: 1. 1 forwarded a certified true and correct copy of the attached Notice of Sheriffs Sale Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, Exhibit "A", by first class United States mail, proper postage prepaid, on December 11, 2014, to: Name Address Scott R. Thomas 1059 C York Road Dillsburg, PA 17019 Mid Penn Bank 5500 Allentown Boulevard Harrisburg, PA 17112 Pennsylvania Department of Revenue Department 280948 Bureau of Compliance Harrisburg, PA 17128 Michael Quaid 4104 Spring Valley Road, #A1 Harrisburg, PA 17109 Pennsylvania State Employees P.O. Box 67013 Credit Union Harrisburg, PA 17106 Tenant / Occupant 1059C York Road Dillsburg, PA 17019 Michael O. Palermo, Jr., Esquire PALERMO LAW OFFICES 3300 Trindle Road Camp Hill, PA 17011 Hilary A. Thomas 1065 Pennsylvania Avenue Harrisburg, PA 17111 Michael J. Horne 1059 East York Road Jennifer L. Horne Dillsburg, PA 17109 Ocwen Loan Servicing, LLC 3451 Hammond Avenue Waterloo, IA 50702 First NLC Financial Services, LLC 700 West Hillsboro Boulevard Deerfield Beach, FL 33441 Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050 Monroe Township, Cumberland County 1220 Boiling Springs Road Mechanicsburg, PA 17055 Monroe Township Tax Collector Mary A. Murray 1375 Creek Road Boiling Springs, PA 17007 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square, Room 106 Carlisle, PA 17013 Cumberland County Treasurer Cumberland County Courthouse One Courthouse Square, Room 103 Carlisle, PA 17013 2 Cumberland County Domestic Relations 13 North Hanover Street Support Division P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 280603 Department of Revenue Harrisburg, PA 17128-0603 Bureau of Individual Taxes Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Taxes Department 280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building T.P.L. Casualty Unit P.O. Box 8486 Estate Recovery Program Harrisburg, PA 17105 Internal Revenue Service 1000 Liberty Avenue, Room 704 Advisory Unit Pittsburgh, PA 15222 Internal Revenue Service William Green Federal Building Technical Support Group 600 Arch Street, Room 3259 Philadelphia, PA 19106 Internal Revenue Service 600 Arch Street, Room 3259 Advisory Unit Philadelphia, PA 19106 Internal Revenue Service 1000 Liberty Avenue, Room 704 Advisory Unit Pittsburgh, PA 15222 Internal Revenue Service 600 Arch Street Federal Estate Tax P.O. Box 1205 Special Procedures Branch Philadelphia, PA 19105 Attached hereto as Exhibit "B" and made a part hereof are the United States Postal Service Form 3817 Certificates of Mailing. 3 The following mailings were returned undelivered by the U.S. Postal Service. Name Address Michael Quaid 4104 Spring Valley Road, #A1 Harrisburg, PA 17109 First NLC Financial Services, LLC 700 West Hillsboro Boulevard Deerfield Beach, FL 33441 The returned envelopes are attached hereto as Exhibit "C" and made a part hereof. 2. 1 also forwarded a true and correct copy of the attached Notice of Sheriffs Sale Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, Exhibit "A", by First Class United States Mail, Certified, Return Receipt Requested, on December 11, 2014 to the Defendant, as follows: Name Address Service Scott R. Thomas 1059 C York Road Returned 12/31/2014 Dillsburg, PA 17019 Marked "Return to Sender — Unclaimed — Unable to Forward" Attached hereto as Exhibit "D" and made a part hereof is the United States Postal Service Domestic Return Receipt, Receipt for Certified Mail and returned envelope. a14) LISA I. FOX Sworn to and sub cribed to before me this 4o� day o , 01 i Notary Public NOTARIAL SEAL PATRICIA LYOUN%NOTARY PUBLIC CITY OF LEBRM LEBANON COUNTY 4 MY COIIt� SSIOq E�IRES R 17.2017 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 14-3288 Civil SCOTT R. THOMAS, Defendant NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriff's sale of valuable real estate will be held in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania in a room location to be posted at every entrance on WEDNESDAY MARCH 4, 2015 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Scott R. Thomas which are more fully described below: OWNER OF PROPERTY: Scott R. Thomas LOCATION OF PROPERTY TO BE SOLD: 1059C York Road Dillsburg, Monroe Township Cumberland County, Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit "A" This Sheriff's sale takes place pursuant to a Judgment against Scott R. Thomas in favor of Mid Penn Bank which Judgment was entered at No. 14-3288 Civil in the amount of: Principal - $ 293,186.70 Interest to 3/26/2014 - 4,893.36 Late Fees to 3/26/2014- 1,156.56 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,500.00 Tota l - $ 301,736.62 Plus interest after March 26, 2014, and continuing after entry of judgment at the contract rate ($42.0086 per diem), actual and additional attorney's fees, additional late fees after March 26, 2014, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. - 2 - YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriff's Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriffs Sale, but before delivery of the Sheriffs Deed to the real property, a petition to set aside the Sheriffs Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Ronny R. Anderson Sheriff of Cumberland County Mar6 A. ess I.D. #55774 HENRY & BEAVER LLP Attorney for Plaintiff - 3 - ALL THAT CERTAIN tract of land, together with improvements thereon found, situate in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a railroad spike set in concrete, which spike marks the common point of adjoiner of lands now or formerly of Donald A. DeMartyn, Kenneth L. Mshar, the within described tract, and lands now or formerly of Steven M. Zeigler; thence extending along last mentioned lands, South seventy-three (73) degrees forty-seven (47) minutes thirty-one (31) seconds West, for a distance of six hundred ninety-one and ninety-three hundredths (691.93) feet to a steel pin set in an existing stone pike at other lands now or formerly of Michael J. Horne; thence extending along said lands, North eleven (11) degrees twenty-six (26) minutes twenty-five (25) seconds West, for a distance of eight hundred two and fifteen hundredths (802.15) feet to a steel pin at lands now or formerly of Janey Gunn; thence extending along said lands, North twenty-three (23) degrees eighteen (18) minutes thirty-five (35) seconds East, for a distance of two hundred sixty- four and zero hundredths (264.00) feet to a rebar found in an existing stone pike at lands now or formerly of Donald S. Klugh; thence extending along said lands, South sixty-one (61) degree eight (8) minutes eleven (11) seconds East, for a distance of four hundred twenty-seven and eighty-seven hundredths (427.87) feet to a railroad spike found in stones and concrete at lands now or formerly of Kenneth L. Mshar; thence extending along said lands, South twenty-eight (28) degrees forty (40) minutes eight (8) second East, for a distance of five hundred sixty-seven and seventy-eight hundredths (567.78) feet to a steel pin in a stone pile; thence continuing South twenty-eight (28) degrees forty-six (46) minutes fifty-seven (57) seconds East, for a distance of one hundred forty-nine and thirty hundredths (149.30) feet to a railroad spike set in concrete, said spike marking the place of BEGINNING. CONTAINING ten (10) acres, more or less, according to a Plan of Properties prepared for Michael J. and Jennifer L. Horne by John R. Williams, Registered Surveyor, dated June 6, 2002 and being improved by a single-family residence and other outbuildings, known and municipally numbered 1059-C York Road, Dillsburg, Pennsylvania 17019. UNDER AND SUBJECT, NEVERTHELESS, to the reservations of an access easement and right-of-way as set forth in the Deed recorded at Book 259 at Page 3046 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania for the purposes of ingress, egress and regress to and from the premises that are known and municipally numbered as 1059-E York Road, Dillsburg, Pennsylvania, are located immediately to the west of the within described tract, and which adjoin the within described tract, the terms of use and maintenance of which are incorporated herein by reference thereto. TOGETHER WITH and under and subject to all the rights, privileges, benefits, easements, obligations, conditions, restrictions, exceptions, reservations, terms ad provisions contained in former deeds in the chain of title. BEING THE SAME PREMISES which Scott R. Thomas and Hilary A. Thomas, husband and wife, granted and conveyed unto Scott R. Thomas, an adult individual, by Deed dated April 11, 2012 and recorded April 18, 2012 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument No. 201211283. KNOWN AS 1059-C York Road, Dillsburg, Pennsylvania 17019 TAX PARCEL NO. 22-12-0350-046 V CO 1701 00 V O) (n W N W = K c T a- CD COv � n 3 z CO :E'.;2 m 3 UD Q P x o = n W CD m WCD D v CD ° D A C n n mom `° m L D O r- cn N o CD x _ cn CD p N CD CD N ° c d <Z 3 O CD c 3 m m cp'� o CD a 0T N CD _ -- 2 (�w � -' S -u -0 2 � TaW TSD Otho ❑❑❑❑❑❑ w o w w _o w m w -' w m c m w �� n cn o � CD '..CP -30 0 a' O y a y y .p w y w CD_N CD y C? 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