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HomeMy WebLinkAbout00-08551 ., - I, ,__, (,,-- ,-', " .~ 0,' ,~ . ',-- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: DC - d'S-Sf CL;C-T~ Plai ntiff, VS. TYPE OF PLEADING RONALD E. BLYSTONE, a/k/a RONALD D. BLYSTONE, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendant. FILED ON BEHALF OF PLAINTIFF: TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ~/~ "ATTORNEY FOR PLAINTIFF PNC MORTGAGE CORP. OF AMERICA COUNSEL OF RECORD FOR THIS PARTY: Brian B. Dutton, Esquire Pa. I.D. # 81953 I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS, 539 SOUTH FOURTH AVENUE LOUISVILLE KY 40202 GRENEN & BIRSIC, P.c. AND THE DEFENDANT IS, 143B BRIDGE STREET NEW CUMBERLAND PA 17070 AI!&1:~ One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS BOROUGH OF NEW CUMBERLAND (Z2?~ ATTORNEY FOR PLAINTIFF h . ; ,,_,~ '" '"' _.',,,,-,'" " ." -~-;";'-'~-'-! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: Plaintiff, vs. RONALD E. BLYSTONE, a/k/a RONALD D. BLYSTONE, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend agai nst the clai m set forth in the followi ng 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 agai nst 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 4th Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 ..'--- " , ''Z- '.;_ ,','j,- "~;c.;:-,.,,, ," ,_, ,,, _. ,)(:~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 00- 4'55/ &rr..tA-fV Plaintiff, vs. RONALD E. BLYSTONE, a/k/a RONALD D. BLYSTONE, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE PNC Mortgage Corp. of America, by its attorneys, Grenen & Birsic, P.c., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is PNC Mortgage Corp. of America, which has a principal place of business at 539 South 4th Avenue, Louisvi lie, Kentucky 40202 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendant, Ronald E. Blystone a/k/a Ronald D. Blystone, is an individual residing in the Commonwealth of Pennsylvania whose last known address is 1438 Bridge Street, New Cumberland, PA 17070. 3. On or about December 5, 1996, Defendant executed a Fixed/Adjustable Rate Note ("Note") in favor of Plaintiff in the original principal amount of $88,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. , . ,- ,.. ''- . :,- -, ,",,'- ,~,- 'v' L.' .. -' ,';.0< 4. On or about December 5, 1996, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $88,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on December 11, 1996 in Mortgage Book Volume 1355 Page 1057. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms ofthe aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the July, 2000 payment. 7. On or about October 9, 2000, Defendant was mailed combined Act 91 and Act 6 Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. 9101, et seq. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal Interest through 11/22/00 Late Charges through 11/22/00 Escrow Deficiency through 11/22/00 Attorney's fees Title Search, Foreclosure and Execution Costs $ 85,123.18 $ 3,229.25 $ 161.45 $ 399.59 $ 800.00 $ 2.500.00 TOTAL $ 92,213.47 WHEREFORE, Plai ntiff demands judgment in mortgage foreclosure for the amount due of $92,213.47 with interest thereon at the rate of $18.66 per diem (as may change from time .1, -~ . ,c_, I ~'"'"',- .~ -.' ", ,"-, ,- '"' ,(" to time in accordance with the terms of the aforesaid Note) from November 22, 2000, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.c. ~J!!~ BY: Brian B. Dutton, Esquire PAID# 81953 Attorneys for Plai ntiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,', EXHIBIT "A" , '", ,," ',",,,,,. ,Co,'~'-'~' ~ .' I,en,_ ~- _,n,,,"-, FIXED/ ADJUST ABLE RATE NOTE (l Year Treasury Index-Rate Caps) LENDER'S JI:: 09-24~12271 TlIIS NCITE PROVIDES FOR A CHANGE IN MY fIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY -ONE TIME AND THE MAXIMUM RATE I MUST PAY. DECEMBER 5. 199B [Date) 143B BRIDGE STREET.. NEW CUMBERLAND. CAMP HILL {City} PENNSYLVANIA 17070-1117 PENNSYLVANIA [State) [Property Address] I. BORROWER'S PROMISE TO PAY ]n return for a loan that [have received, I promise to pay U.S, $ 88.000.00-.:.------------- (this amount is called "principa'''}, plus interest, to theorderQf the Lender. The Lender is PNC MORTGAGE CORP, OF AMERrCA, AN OHIO CORPORAH ON I understand that the Leader may transfer this Note. The LeIlder 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 fuU amount of principal has, been paid. I will pay interest at a yearly rate of ---------.-----8.0000 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required. by this Section 2 and Section 4 of this Note is. tb.e rate I will pay both before and after any default described in Section 7(B) of thia Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on JANUARY 1 . 1997 I wilt make these payments every month until I have paid all of the principal and interest and any other charges described below that [ may owe under this Note. My monthly payments will be applied to interest before principal. If, on OECEMtlER 1, '2026 . I still owe amounts un~ this Note, [will pay those amounts in full on that date, which is called the -Maturity Date." I will make my monthly paymeots at 75 NORTH FAIRWAY DRIVE. VERNON HILLS. ILLlNOrS 60061 or at a different place if required by the Note Holder. (B) Amoun' of My Ini'ial Monthly Paymen'. Each of my initial monthly payments will be in the amount of U.s. $ 645. 71-------._-------, This amount may lJhange. (C) Monthly Pey.mcnt Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that t must pay.1'ne Note Holder will determine my new interest rate and the changed amountaf my monthly payment in accordance with Section 4 of this Note. MULTISTATE FfXEDlADJIJS'fABLE RATE NDTt-1 YEAR lREASURY IMJEX -Single Family- Fmnie .... Uniform Instrum.m _-843194Q6) Form~4 VMP MORTGAGE FORMS. 18001!l21. PUt 1..'4 ;.c:e2;UlJDAAAlMI.QO 8194 '"ltl,la: > 11~II~MlllIml > '" '"-< ",--.'- --".=,,--"'."',,; .'" ".,~,,~ '~"." ", ,-, I'" _~ '0', 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay wilt change to an adjustable interest rate on the first day of DECEMBER ,2003 , and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest: rate could change, is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Boaro. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND THREE FOURTHS--- ----------------------------. percentagepoint(s) (-------------------Z.7500 %) to tho Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount wiU be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in fuU on the Maturity Date at my new interest rate in mtbstantiaJlyequal payments. The result of this calculation will be the new amount of my monthly payment. CD) Limits on Interest Rate Changes Theinterestratel am required to pay atthefirstChange Datewill not he greater than ----.-----..----13.0000% or less than ---------------3.0000 %. Thereafter, my adjustable interest rate will never be increased or decreased on .any single Change Date by more than two percentage points (2.0%) from the rate of interest I have been paying for the preceding 12 months. My interestratewill never be greater than ..--------------13.0000%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay tho amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes agaia (F) Notice 01 Changes . The Note Holder will deliver or mail to me a notice of the change in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by taw to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. S. 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 make a full prepayment or partial prepayments withollt paying any prepayment charge. The Note Holder will use all of my ~yments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there WIll be no changes in the due dates: of my monthly payments unless- the Note Holder agrees in writing to those changes. My partial prepayment'may reduce the amount of my monthly payments after:the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by all interest rate increase. 6. 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: (i) any ~h loan charge shall be reduced by the amount necessary to reduce the charge. to the perm.itted limit; and {ii) any sums ~lready collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal [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. , F"m~5/94 Q-843 I~Olll XC2220DAAlllMl.OD 8104 PllI.;2.f" IflI11.1-=W-- '" ',-".1"",.""",,-", ""'~" "'''.';;:':'~'''~-'' v,,~, ,,_ --" ,-c"., - = .," 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments [f the Note Holder has not received the futl amount of any monthly payment by the end of F IHEEK calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be ----------------5.0000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. . (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If] am in default, the Note Holder may send me a written notice telling me that if I do not pay the o'Verdue amount by a certain date, the Note Holder may require me to pay immediately tho full amount of principal that 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 delivered or mailed to me. (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. 8. 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. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given 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. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE [f more than one person signs this Note, each person is fully and personally obllgated 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. Anr person who takes aver these obligations. inctuding the o~ligations of a guarantor, surety or endorser of this Note. is also obligated to k.eep all of the promises made in this Note. The Note Holder may enforce its tights under this Note against each person individually or against all of us together. This means that anyone of us may be requited to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has Qb1igations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to requite the Note Holder to demand payment of amoUf!.ts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have n~t been paid. II. 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 losaeo that 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 imm.ediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows.: _-843 1'4011 'ItC~:n.QOAAC IMI .()Q el94 ..... W;;.. Il\iti*'~ P&t.'1.C'" " ",.,'. h . ,,~, ." ~~ -~, ~'b".",1 I c ~I , _ __ r "~, H' .,.- -'-, '(AI UNTIL MY INITIAL FIXED INTEREST RATE CHANGES TOAN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE. UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENTIS DESCRIBED AS FOLLOWS, Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest: in tt is sold or transferred (or if a beneficial interest in Borrower is sold or transferred" and Borrower is not a natural person) without Lender's prior written consent. Lender may. at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal taw as of the date of this Security Instrument. If LendC?I' 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 delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. IT Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security lnstrument without further notice or demand on Borrower. . (B) WHEN MY INIDAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION II(A) ABOVE SHALL THEN CEASE TO BE IN EFFECT. AND UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL INSTEAD BE DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of th.e Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or. transferred and Borrower is not a .natural person) without Lender's prior written consent. Lender may, at its option, ~ulre immediate payment in fuU of all sums secured by this Security Instroment. However. thlS option shsll not be exercised by Lender if exercise is prohibited by federal- law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the traDSferee to keep all the promises and agreements made in the Note and in this security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require imrnediate payment in full. 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 delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration 01 this period, Lender may invoke any remedies permitted by tMs Security Instrument without furthor notice or demand on Borrower. (Seal) (Seal) -Borrower -Borrower ~. (Seal) (S..I) -&trowet -Borrower \j (;Slgn Orlgln.1 OnlyJ .-843 IIMO~ XC:lUOOAAlI IMI.Oc 818" P.......,.. . " f' -'I' ., .,-..1-' ",,'j," ....~,-. '1': EXHIBIT "B" le'_.," Yj -0., R:CORO MID R~iuRN 10353"J;J (, .' .flNC. NORTGAGE CORP. OF AMERICA 2000 OXFORD DRIVE 3RD FLOOR BETHEL PARK. PA 15102 :.:. T ::. :. :::;~I..~R :,~'._.:. :~.~);:): '~:C~~j~~~ riA i /d) ! VV / '960[:)1 PI'l 2. 09 \~.~.~ CD :s:: fl vm~ ~ Parcel Number: . [Space Abovcl This LiDI!I Por Rl!lcording Datal PREPARED BY: LORI TOTH BETHEL PARK. PA 15102 MORTGAGE LENDER'S # D9-24-12271 THIS MORTGAGE ("Security Instrument") is given on RONALD D BLYSTONE DECEMBER 5 , 1996 . The mortgagor is ("Borrower"). This Security Instrument is given to PNC MORTGAGE CGRP. OF AMERICA whic:h is organized snd existing under the laws of THE STATE OF OHIO ,and whose addressis 75 MORTH FAIRWAY DRIVE. VERMON HILLS. ILLINOIS 60061 ("Lender"). Borrower owes Lender the principal sum of EIGHTY-EIGHT THOUSANO DOLLARS AND ZERO CENTS----------------------------------------------------------------- Dollars (U.s. $88,000.00------------- ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on DECEMBER 1, 2026 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of -all other sums, with interest, advanced under paragraph 7 to protect the security of this S~rity Instrument; and (c) 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 CUMBERLAND County. Pennsylvania: whioh has the address 011438 8RWSE STREET. NEW CUMBERLAND Pent1Sytvania 17070-' 117 ("Property Address"); [Zip Code] P~VANIA-Slngle Family-RWAlftl.t.tC .MFtlRM INSlRlJIIENT Form 3039 9190 BOOK 1355 PAGE1057 4S11\-BRCPAl le4101 ~91 VMP ~S'reb~~.a &.~~i ;J~OI!21-7 PI,.toI8 Initl.I.: . rSlreel, Cityl, I~IIIII~II~IIII!III~ II~ " ,I. ~.- .- .' ~., ,,~<. 'X,.i'.."" .1 .. , ,TOGETHER yrITH 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." 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 etlcumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants tor 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 aa follows: I. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interCit on the debt evidenced by the Note and any prepayment and late charges due- under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall piiY to Lender on the day monthly payments are due under the Note, until the Note is paid in fuji, a sum (ttFunds") for: (3) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or propertY insurance premiums; {d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, i~ accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related Olortgage loan may require for Borrower's escrow a~ount under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPAtt), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on thC' basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in ac:cordance 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 such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to p$)' the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, OT verifying the F&row Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for 4Ul independent real estate tax reporting service used by Lender in connection with tbis loan, unless applicable law provides omerwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to p9y Borrower any interest or earnings Ofl.the- Funds. Borrower and Lender may 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, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed tbe amounts permitted to be held by applicable law, Lender shaH account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Punds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing. artd, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lenders sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shalJ promptly refund to Borrower any Funds held by Lender. If. under psrsgraph 21, Lender shsll acquire or sell the Property. Lender. prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquishion or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise. all payments received by Lender under p<1ragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable U(lder paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay aU taxes, assessments, charges, fines and impositions attributable to the Property which may. attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph- 2, or if not paid in that manner, Borrower shall pay them on time-directly to the person owed payment. Borrower- shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptJy furnish to Lender receipts evidencing the payments. . Borrower shall promptly discharge any lien which bas priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment ot the obligationsecureci by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforce-ment of the lien; 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 may attain priority over this Security Instrument, Lender may give Borrower 3. notice identifying the tien. Borrower shalt satisfy the lien or take one or more of tbe actions set forth above within 10 days of the giving of notice. XCIB07tlAAB(P.....oe3/0! Farm 3~I9D Initl.l~ 4SI\-BRlPA) (9..tOl Pj,.Zo'8 80011355 PAGEi058 , '" ..11 ~"" ' "= ,-"-" ""t: ".< 5. Haza'ro or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the PCDperty insured against loss by fire, hazards included within the term "extended coverage" and Bny other hazards including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amoun~ and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. if Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property "in accordance with paragraph 7. All insurance polic:ies and renewals shall be acceptable to Lendet' and shall include a standard mortgage clause. Lender shall have the right to- hold the policies and renewals. If Lender requires, Borrower shall promptly" give to Lender aU receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agreejn writing, insurance proceeds shall be applied to restoration Or repair j)f the Property damaged, if the restoration or repair is economi~Uy feasible and Lender's security is not lessened. If the restoration or repair is not economically_-feasible or Lenders security would be lessened, the insurance proceeds shall be llpplied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not anSWer within 30 days a notice rrom Lender that the insurance carrier has "trered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums :;ecured by this Security Instrument, whether or not then due. The 3o-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree _in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly parm. ents referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Le.ndet; Borrower's right to any insurance policies and proceeds (esulting from damage to the Property pri9r to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediatel, priOr to the acquisition. 6. Occupancy, Preservation. Mamtenancc and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, esta~lish. and use the Property as Borrower's principal residence within sixty days llfter. the execution of this Security Ins~rument 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. Borrower ehaU not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil oj" criminal, is begun that in Lender's good faith judgment could result in forfeiture of, the Property or otherwise materially- impair the Hen created by this Security Instrument or Lender's security in"te@St. Borrower may cure- such a default and reinstate, as provided in paragraph 18. by causing the action or proceeding to, be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security intereSt. Borrower shall also be in def.ult if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender- (or failed to provide Lender with any material information.) in coonection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall com.ply with all the provisions of the lease. If Borrower acquires fee title to 'the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the co'Venants and agreements contained in this Security InStrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy. probate, for condemnation or forfeiture or to enforce laws or :regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's tights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this par.graph 7, Lender does not have to do so. Any amounts disbursed by Lender undeJ" this paragraph 1 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursoment at the Note rate and shall be payable. with interest, Opon notice from Lender'to Borr:ower f(lquesting payment. . 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage_ required by Lender lapses or ceases to be in effect, Borrower'shall pay the premiums required to obtain coverage substantially equivllent 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 .-n alternate mortgage insurer approved by Lender. If substantially" equivalent mortgage insurance coverage is not available. Borrower shall pay to Lender each month 8 sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed. or ~ to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer - be required. XI;18D7DAoIlClPA).Dll 3195 tCl\-BRlPA) IH1DI form 3~9190 '"Itl";~ P.,.JotlS BooK1355/AGE1059 , .. 'l "' ON _ ~ "~_ " ~~ ~ . '0." 't" ''-l ~ ~t the option' of Lender, if mortgage insurance coverage {in the amount and for the period that Lender requires} prav.ided by an .insl!rer approved, by Lendc: again becomes avai~able and is obtained. Borrower shan pay the premiums :equlred to ma.antam mortga~ _msuran~ In effect, or -to proVlde a loss reserve, until the requirement for mortgage Insurance ends 10 accordance With any'wrttten agreement between Borrower and Lender Of applicable law. . 9. Inspectio~. Lender ~r its agent ~ay mak~reaso~able en~ic:s upon and inspections of the Property. Lender shall Slve Borrower notice at thetJme of or pnor to an mspectlon specIfYing reasonable cause for the inspection. 10. Cond~mnation. The ~.ceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation are hereby assigned and shall be paid to'Lender. . In the event of a total taking of tb.e Property, tb.e proceeds shall be applied to the ~m$ secured by this Security Instrument, whether or not then due', with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately befort!' the taking is equal to or greater than the amount of'the sums secured by this Security Instrument immediately before th~ taking, ~less Borrower and Lender otherwise agree in writing, the sums secured by thiS Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b} the fair matket value of the Propl'rty immediately, before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the, Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherWise agree 'in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instr\lment whether or not the sums' ~re'then due. If the Property is abatldoned by Borrowe_r, or if, after notice. by Lendet to Borrower that the condemnor offers to make an award or settle a claim for-damages, Borrower: fails to,respond to Lender within 30 days after the date the notice is given, Lender is authori~ed to collect and apply, the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this $ecurity Instrument, whether or not then dUe. Unless Lender and Borrower otherwise agree in writiJ1l, any application of proceeds to' principal shall not extend or postpone the due date of the mQnthly pay~ents referred to in, paragraphs 1 and 2 or change the amount of such payments. 11. 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 Securi~y Instrument gtanted by Lender to any successor in jfl.terest of Borrower shall not operate,to release the liability of the original Borrower or Borrower's successors in interest. Lender shall -not be required to commence proCeedings against any successor in interest or 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 Borrower~s-successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude ,the exercise of any right or remedy. 12. S..ccessors and Assigns Bound; loint add Several Liability; Co--signers. The covenants and agreements of this Security lnstrument.shall bind and-benefit the successors and assigns of, Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements,shall be joint and several. Any Borrower who co-signs this Security Instrument bu. does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of,this Security Instrument; (b) is not personalty obligated to pay the sums sec~ by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security 1l1Strument or the Note without that.Bofrower's consent. 13. L081l Chuges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges colJected or to be collected: in connection with the loan exceed the permitted limits, then: (8) any such lQan charge shall be reduced by the amount necessary to teduce the charge to -the pennined limit; and (b) any sums already collected from Borrower which e:Kceeded petmitted_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 under, the Note. 14. Notices. Any notice to :BOrrower provided'for in this Security Instrument shall be given by delivering it or by n"ailing it by first class mail unless applicable law requireS use of another method The notice shall- be directed to the Property Address'Dr any other address-,Borrower designates by notice to Lender. Any notice to Lender sh~l be given by first class mail, to Lender's address'stated herein or any other address Lender designates by. notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given ali provided in this paragraph. . IS. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in whlch-the Prop~ is located:. 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. To this end the provisions of this Security Instrument and ttle Note are declared to be severable. XC18lU'OMOlPAJ.(Il!; 3195 _ -6RfPAI 1"10) Pa,04olft Bod355 PAGE1060 , ~.') firm 33 90 lftlti..,s:' '- .-,,- ,-<- " '-"-",,! .', " -' 16. Borrower's Copy. Borrower sball be given one conformed copy of the Note and of this Security InstnJment. 'I:.T. Transfer of the Property or a Beneficiallntcrest in Borrower. If an or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is soLd or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. [f Lender ~ercises 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 delivered or mailed 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 permiued by this Seourity Instrument without further notice or demand on Borrower. 18. Borrower"s Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) 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; and (d} takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender"s rights in the Property and Borrower's obligation to pay the sums-secured by this Security Instrumentshall continue unchanged. Uponreins:tatement by Borrower, this Security Instrumentand the obligations secured hereby shall remain fully-effective as if noact;eleration had occurred. However, this right to reinstateshall not apply,.in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) _may be sold one or more times. without prior notice to Borrower. A sale may result in ~ change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan- Service! unrelated to a, sale of the Note. If there is a ohange of the Loan Servicer, Borrower will be given written notice of the- change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardol;JS Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of .any Hazardous Substances on or in the Property. Borrower shall not do, nor anow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shall promptly give Lender_ written notice of any investigation, claim, demand, ~awsuit or other action by any governmental or regulatory- agency or private party involving' the Property and any Hazardous Substanoe 'or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority. that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take aU necessary remedial actions ,in accordance with Environmental Law. NJ used in this paragl-aph 20, "Hazardous Substances" are those sUbstances defined as toxic or hazardous substances by Environmental Law and the foUO-wing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials oontaining asbestos or farmaldehyde, and 'radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws af the jurisdiction where the Property is located that relate to health. safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notic:e to Borrower prior to acceleration following Borrower's breach of any COVen81lt or agree:ment in this Security Instrument (but nat prior to acceler8tian under paragraph t7 unless applicable la_ provides otherwise). Lender shall notify Borrower of, among other things: '(a) the default; (b). the action relluired 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 shan further inform Bonower of tho right to reinstate after acc.eleration and the right to assert iu tlw foreclosure proceediu& the non-existence of a default or any other defense of Borrower to acceleration and forec:losure~ If the default is not cured as specifie~ Lender.- at its option, inay' requite immediate payment-in full o:f 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.U expenses incurred in pUt'Suing the rcmecJies provided in this paragraph 21, including, but Dot limited to, attorneys' fees and costs of title evidence to the ertent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security InstrUrnentand the estate conveyed shall terminate and become void. Mter such occurrence, Lender shall discharge and _satisfy this Security instrument without charge to Borrower. Borrower shall pay any recordation costs. 1lit:1807D..AE \PAl .oe 3/115 Ferm 3~90 I:CI\-SR(PA'lafl01 1'.,.5"'8 InjtleIS:~ Bod355PACd06f . , ., <' ~- }; ~' I _.-" 'i 21. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enrorc~ 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. 24. R.eiDstatem~nt Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencemen:t of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase MODey Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this S~ty Instrument shall be a purchase money mortgage. 26. Interest Rat~ 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. 27. Riders to this Security Instrument. If one or more riders are executed by B()rrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement ttie covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)J IT] Adjustable Rate Rider 0 Condominium Rider . ~ 1-4 Family Rider o Graduated Payment Rider 0 Planned Unit Development Rider Biweekly Payment Rider o Balloon Rider 0 Rate lQ1provement Rider Second Home Rider o V.A. Rider DOther(s) [specifyl BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any ri4lf(s) executed by Borrower and ree . with it. I! J J-- Witnesses: { I- / " Q., "2/,. '4H (Seal) / t?--t L--- \ 0 [D 0 BLYSTONE -BOrl'OWDl' ./ (Seal) .Borrower (Seat) (Seal) -Borrower -Borrower Certificat~ of Reside~qe C' r1 (' I, .;;)USull H. 0 tti.1 r address of the within-named Mortgagee is ZOOO OXFORO DRIVE. , do hereby certify that the correct JRD FLOOR, BETHEL PARK. PA 1510Z Witness my hand this 5ri'1 day of DQctfM. b'\.. , 19~fe , ( lit..-- Agec.t of Mortgagee COMMONWEALTII OF PENNSYLVANIA. CLln~/,Ju/c.u," On this, the fJ'I-h day of~ ~ e.vv.. /.).e4' , / FI ~ officer,persooallyappoared ROr7u.ld 'j). i3/'1sn>u known to me (or satisfactorily proven) to be the person whose name I~ subscribed to the within 'instrument and acknowledged that Iv- executed the same for ihe purposes herein contained. ._ ~ IN ~ESS ~F, I hereunto set my hand and official l. ,'t~~jf;!.. . . My CommiSSion .Expires: "ifI':.. r..~ _sea A 0. /i'-/. amameK._NaltIyI'ldl -"If-+. ' I il ; ~'-fII_,c..meIlaridCclol1W_ fUUJ;, 11A' C, .al"" . ~~E>qjI8sAug."'1917 ',~ Title 01 Of :'I" ..:\:,'. .\.'....,;.. County $5: , before me, the undersigned -,' ltC1llO'7DAAI'IPAJ.083JIlII5 fIl\ -SHIPA) 19~ tOl P.,.1I..18 Bood355 PAGE1062 .. " '''0-, ,,,~"_"'i.:_. -_",oS'.: - I, r r Fint American Tule Insurance Company Commllment No. 590829 SCHEDULE C AU '1'lIA'1' CER'l'AIN lot of perc.l of land 01 t....t. in the 8orOlllJh . of Nev CWlberland. County of Cumberland and State of 'ennaylYania, .. shown on ~h_ Plan of tots known a. Plan of -Hillaide-, .. recorded In the Offlc. tor the recordlng at Deed. in and for Cwoberland County, Pennsylvania, in Plan Book 1, Pa'8 75. and more particularly bounded and described a8 fOllow. to viti BEGINNING at the .outwest corner at Brldg. and Plfteenth Str..t, th.nc. southwardly along the w..t.rn line of Brldg. Str..t twent~ flv. (25) f..t more or 1... to the northen 11n. of property No. 1436 Bridg. Stre.t. th.nc. westwardly along the north.rn line of property No. 1436 Brldg8 Str..t .nd through the cent.r at . p.rtitlo. vall dividing property No. 1~36 Brid,e Street and property herein conveyed on. hundred flft1 (150) f..t to the ...t.rn I1na of . alatee. 116) r..t wid. unnamed Str..t. th.ncenorthwardly .long the .a.t.rn lin. of .sld .ixt.en (16) f..t wid. Street tw.nty-fiv. (25) t..t ..r. or 1... to the .outh.rn 11n. of rift..nth Str..t. thence in .n....twerdly dlr.ctlon .long the soother. lin. of pift..nth Str.et on. hundr.d fifty 1150) t..t to the w..ter. 11n. of Bridge Str..t, the pl.c. of BEGINNING. DEING th_ northern half of Lot No.1, section -C- on ..1d Plan of -Hillside-. IlAVING th.reon .rected a aton., 2 1/2 .tory, ....l-c1.teched boo.. known and numbered .a 1.438 Briel,_ Street, New CUIabe~l.~, Penn.ylvania. . ;, ~'-. "" ~ ,'" ..c' -'" i"nf1i ~C FIXEDI ADJUST ABLE RATE RIDER (1 Year Treasury Index - Rate Caps) LENDER'S I: Q9-24-12271 THIS FIXED/ADJUSTABLE RATE RlDER is made this 5TH dayo! DECEMBER , 1996 . and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") tosccurc Borrower's FixedlAdjustableRate Note (the "Note") to PNC MORTGAGE CORP. OF !MERICA. AN OMIO CORPORATION (the "Lender") of the ~e date and covering the property described in the Security Instrument and located at 1438 BRIDGE STREET. NEW CUMBERLAND, PENNSYLVANIA 17070-1117 (Propel'ty Addu",] THE NOTE PROVIDES FOR A CHANGE IN THE BORROVVER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT THE BORROWl!R'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME ANO THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security lnstrument. Borrower aad Lender further covenant and agree as follows; A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES ihe Note provides for an initial fixed interest rate of -----w---------.---8. 0000 %. The Note also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial 'fixed interest rate [ will pay will change to an adjustable interest rate on the first day of DECEMBER ,2003 , and the adjustable interest rate I will pay may change on that day every 12th month therellfter. The date on which my initial fixed. interest rate changes to ~ adjustable interest rate, and each date on which my adjustable interest rate could change. is called a "Change Date." (B) The lnde. Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasurysecurities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index: figure available as of the date 45 days before each Change DauHscalled the ItCurrentlndex. It If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The NoteI-lolder will give me notice of this choice. (e) CalculationofChanges Before each Change Date, the Note Holder will calculate my new interest rate by adding -------..----_ TWO AND THREE FOURTHS---------m------h----- percentage point(s)( ----------------2. 7500 %) to the Current Index. The Noto Holder win the:n round the result of this addition to the' nearest one-eighth of one perccutage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. MlI.nSTAlE AXBJ/AlWSTAILE RAlE RIIIER-' YEAR TREASURY I_X .Slngl~ Family- nnnie .... UAlfor.. Instrum... Form 3112 5/94 _-8438 1""0$1 VMP MORTGAGE FOAMS" ~' XC2120IlAM(Ml.OOeJlM P_lo" lnlti~: 111~1~11~~~IIIIIIII!lm Bood355 PACE1064 '- . I- ,-" " '"---. ,_r-', " ~. ,'_c ~I "'- "-", -0.' ,,' --~ The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the neW amount of my monthly payment. . (D) Limits on Interest Rate Changes The intetestratel am required to pay at the first Change Date will not be greater than ---------13.0000% orlessthan-----------------3.0000%, Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2.0%) from the rate of intereSt I have been paying for the preceding twelve months. My interest rate will never be greater than ----------------13.0000 %. (E) Effective Date of Changes My new interest tate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthlrpayment changes again. (F Notice of ChangcB The Note Holder will deliver or mail to me a notice of the change in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of aoy change. The notice will include the amount of my- monthly payment, any information required by law to be given me and also thetelephone numberof a person who will answer any question I may have regarding the notice. B. TRANSFER OFTHE PROPERTY ORA BENEFICIAL INTEREST IN BORROWER I. UNTIL BORROWER'S INITIAL FIXED INTEREST RATE CHANOES TO AN ADJUSTABLE INTEREST.RATE UNDER THE TERMS STATED IN SECflON A ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE IN EFFECT AS FOLLOWS: T[ansfe[ of the Property O[ a Benefici41 Interest in Borrower. If all or any part of the Property or any interest in it is sold OJ" transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option. reqtJire immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federarlaw as ofthedateofthisSecurity Instrument. If Lender exercises this option, Lender shall give Bortower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. H Borrower fails to.pay these sums'prior to the expiration of this period, Lender may invoke any remedies permitted by this Secunty Instrument without further notice or demand on Borrower. 2. WHEN BORROWER'S INmAL FIXED INTEREST RATE CHANOES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECflON A ABOVE, UNIFORM COVENANTl7 OF mE SECURITY INSTRUMENT DESCRIBED IN SECflON BI ABOVE SHALL THEN CEASE TO BE. IN EFFECT, AND THE PROVISIONS OF UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE AMENDED TO READ AS FOLWWS: Transfer of the Property or a Beneficial Interest in Bo[rower. If all or any part at the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's .prior written consent, Lender may. at its option, teq\lire immediate payment in full-of all sums secured by this Security Instroment. However, this option shall not be exercised by Lender if exercise is ~hibited by federa1law as of the date of this Security, Instrument. Lender also shalt not exercise this option If: (8) Borrower causes- to be submitted to Lender information ~uired by Lender to evaluate the intended transferee as if a new -toan were being made to the transferee; and (b) Lender reasonably,determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any Covenant or agreement in thisSec:urity Instrumontisac:c:eptable to Lender. To the extent permitted by ~icable law, Lender rnay charge a reasonable fee as a condition to Lender's consent to the loan assumption. ~der also may require the transferee to signan assumption a~entthat is acceptable to Lender and fhatobligates the transfereeto keep all the promises and agreements made in theNote and in thrs Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrow~ in writing. ~ -8438 (14081 XC2120DAA8 (MI ,00 e,M P.,. 2 ~f 3 F.'m~4 lnl".1 bod355PAGE1065 '" ".... - , ,~~'~~-" -~ If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of accelera.tion. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fixed/Adjustable Rate Rider. ,,'v ..,i' . \~ .'J' t (} I ,\J. ....:- '~~uD I Y\l~ ~ ALO 0 8L YSTONE -Borrower (Seal) (Seal) -Borrower (Seal) -Borrower (Seal) .Borrower ~ -8438 1940111 xe2120DMC 1M) .00 810<11 P.,.3oI3 Form 3182 5/94 BOOK 1355 PAGE1066 '" " ,,,,.,,, --~--,"~-~~"~~ ,., " ,t .~ ' to"" " . _ '," f ., - ~:' '., "" _ . , -".\., VERIFICATION ADAM STYERS hereby states that he is ASSISTANT VICE-PRESIDENT ofPNC MORTGAGE CORP. OF AMERICA mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his lmowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~\~ ASST. VICE PRESIDENT DATE: ~ ==---- - ;!1lli~"It);:\llilm~...>ilf!iil!lij.,jjf~'l~l$I"~'~" "_&til!.ilhl!t""",~tl'!M:fu.,~Jh;;i;;_~;-i.<ii~,"itit<"iiI%i.'<a:!"' ~"'-' ~~ ~t ~ (5; 1" ,=1".. ..=" 1<- '.^ ~~ I~_, , ,~,,',',~ ". .". ~ "~ " >'''''''"''IiiIi~.m''''''''';''''''- b, ~0 & 8 { I ~~ r9- --...r:.. ..........1. ~ ~ M" {.g. ...t- o 2 . (") c <::" -utj rl1t~,,: Z::;:J Z:C"- (n_r:~ ~{5 i~c) .c::.~r-I >'-' c z ::;2 ..... ~~" .......,-t~ Cl o o j1'1 C') ~~~ '-(',rn :-:",'CJ :;:~;~J -0 J: ~~-~ ~~~~ .0 ~ c~ 5:J --< GO .:.u ()1 ~ - .J, '-' ",,- , -~ ."! ..-+} , ---. " PNC MORTGAGE CORP. OF AMERICA, . . IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 00-8551 Plaintiffs . . . . vs. CIVIL DIVISION : RONALD E. BLYSTONE, A/K/A RONALD D. BLYSTONE, . . Defendant : SUGGESTrON OF BANKRUPTCY PLEASE TAKE NOTICE that the above captioned Defendant, Ronald D. Blystone, filed a Chapter 13 Voluntary Petition of Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania, Case No. 1-00-04694 on October 24, 2000. Pursuant to Section 362 of the Bankrupcy Code, all proceedings against this Defendant are to be stayed. PURCELL, KRUG & HALLER Dated: ;;/:;)#( pJ <",-, - -"" ,-'" CERTIFICATE OF SERVICE I, Jann Jones, Secretary to Brian J. Tyler, Attorney for Defendant, hereby certify that a true and correct copy of the foregoing Suggestion of Bankruptcy was forwarded to the following individuals by regular U.S. Mail, first class service, postage prepaid, on date indicated below, addressed as follows: Brian B. Dutton, Esquire Grenen & Birsic, PC One Gateway Center, Nine West Pittsburgh, Pa 15222 Counsel for PNC Mortgage Corp. of America and Charles J. DeHart, III Ch. 13 Trustee P.O. Box 410 Hummelstown, Pa 17036 J. Tyler Dated:/~, ~()-IIO -,lml!-';;';_ - .~ t !Jll!mti,gii.!l!il;lk. SHERIFF'S RETURN - REGULAR CASE NO: 2000-08551 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC MORTGAGE CORP OF AMERICA VS BLYSTONE RONALD E ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BLYSTONE RONALD E A/K/A BLYSTONE RONALD D the DEFENDANT , at 0017:20 HOURS, on the 13th day of December, 2000 at 1438 BRIDGE ST NEW CUMBERLAND, PA 17070 by handing to RONALD BLYSTONE a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 So Answers: 1!""ilrI?~~t:~" R. Thomas Kline 12/14/2000 GRENEN & BIRSIC /" {:';:' me this 6 day of Sworn and Subscribed to before By: /J..r1o~L.,:bnriJ A.D. ~ .. (2~,~ othonotaiy A ;. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION Plaintiff, NO.: 00-8551 Civil Term vs. TYPE OF PLEADING: RONALD E. BLYSTONE, a/k/a RONALD D. BLYSTONE, PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE Defendant. FILED ON BEHALF OF PLAINTIFF: PNC MORTGAGE CORP. OF AMERICA COUNSEL OF RECORD FOR THIS PARTY: Brian B. Dutton, Esquire Pa.I.D.#81953 GRENEN & BIRSIC, P.c. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 '. -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION Plaintiff, NO.: 98-2838 Civil Term vs. RONALD E. BLYSTONE, a/k/a RONALD D. BLYSTONE, Defendant. PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREIUDICE TO: PROTHONOTARY SIR: Kindly settle and discontinue without prejudice the above-captioned matter and mark the docket accordingly. BY.~&~;U- Brian B. Dutton PA ID#81953 Attorney for Plai ntiff Sworn to and subscribed before me this Il~ay of.J:lh l~ ,2001. ~"\ (' ~{"\'\ ~ ~"ffi~ Notary Public Notarial Seal Patricia A. Townsend, Notary Public Pittsburgh, Allegheny Couply My commisSion Explres JlJ!ls 2, 2003 Memb9r, Pennsylvania AssoeiatiO!'l of Notaries !1Jj;~ril!;l~illiffi!~Jj:i!:l!iI1li;'il!ilI!;i1J.ii~i1D:lI;>l..r~l;,''''Jt~;dJ1i,,,,,>_~d''i''f~,""o'iolk",~!,k,j,~~~Jll~ji'!..~i~iil~-"- -""'i&iil~ - ~~, ItfJill!lilli~-&""'" ,:.., ~~"'"~ , (') c:: C) c: <: "Tl -r;(fj - S2S:-: ~.. -"-'::: ~~ zr" (,1) -'," C? 0 -<:;:::.- , r:: c> ~ r~) )"> C) u -.- ?':O "~? C) Pc'; r:,? :;:"7" ("C; '~,,, 2: -' =<! ;::- 55 ~~ . 1 II q~ I: 1.1 :i I 'I 'i ! I I 'I I I. " I II t~