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HomeMy WebLinkAbout01-1542 FX ,..;~-."",-"",,, -~ .' ,'( - - < ,~, '~ '1 ,. - *&:'_1' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. THOMAS J. BILGER, Defendant. TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ~6~ - ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS, 539 SOUTH FOURTH AVENUE LOUISVILLE KY 40202 AND THE DEFENDANT IS, 223 COCKLEYS DRIVE M~g~ ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Boroul!h ofMechanicsbufl! 1 ~t (CITY,BO TOWNSHIP) (WARD) , /f~ TTORNEY FOR PLAINTIFF CIVIL DIVISION NO.: 01- /S:I-JJ-... Ccnt ~ TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: PNC Bank, National Association COUNSEL OF RECORD FOR THIS PARTY: Brian B. Dutton, Esquire Pa. LD. # 81953 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh,P~ 15222 (412) 281-7650 II' - , < . h." ,l, , 'c -, ~ . ~"""",M~~,,._! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION NO.: Plaintiff, vs. THOMAS J. BILGER, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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. 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, P A 17013-3387 (717) 240-6200 "- ,. , ~. ,-I .. ,-c. .;,..:.; ,",,'~ ~"'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION NO.: 0/- !,,-'1.J.J CwJ -r.u--. Plaintiff, vs. THOMAS J. BILGER, Defendant CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE PNC Bank, National Association, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is PNC Bank, National Association, which has a principal place of business at 539 South 4th Avenue, Louisville, Kentucky 40202 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendant, Thomas J. Bilger, is an individual residing in the Commonwealth of Pennsylvania whose last known address is 223 Cockleys Drive, Mechanicsburg, P A 17055. 3. On or about October 30, 1997, Defendant executed a Note in favor ofPNC Mortgage Corp. of America in the original principal amount of $69,743.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about October 30, 1997, as security for payment of the aforesaid Note, Defendant made, executed and delivered to PNC Mortgage Corp. of America a Mortgage in the original principal amount of$69, 743.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 3,1997 in Mortgage Book Volume 1414 Page 224. 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. PNC Mortgage Corp. of America assigned all of its right, title and interest in and to the aforesaid Mortgage and Note to the Plaintiff pursuant to a certain Assignment of Mortgage. 6. Defendant is the record and real owners of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage, and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the September I, 2000 payment. 8. On or about November 6,2000, 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 of1974, 41 P.S. SIOl, et seq. 9. The amount due and owing Plaintiff by Defendant is as follows: Principal Interest through 02/17/0 I Late Charges through 02/17/0 I Escrow Deficiency through 02/17/01 Attorney's fees Title Search, Foreclosure and Execution Costs $67,572.38 $ 2,480.48 $ 135.72 $ 78.98 $ 800.00 $ 1.500.00 TOTAL $72,567.56 '" ,~ -, - -I ' .~ ~ '. 'V-~-4"_P WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $72,567.56 with interest thereon at the rate of $12.50 per diem from February 17, 2001, 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. BY: Brian B. Dutton, Esquire PAID# 81953 Attorneys for Plaintiff One Gateway Center, ne 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. " , ,~ ,: - " /-- lE~ER'S # " HARRISBURG . [City] .~, NOTE OCTOBER 30 [Dale] 1997 PENNSYLVANIA [Slate] 'a2 " <EllER STREET. ~ECHANlCSBURG. PENNSYLVANIA 17055 {Property Address) t. 80RROWER'S PROMISE TO PAY In return for a loan that! bave received, I promise to pay C.8. $69. 743.00----n--------------(this amount is called ~prim:ipal..). plus interest, to the order of the Lender. The Lender is PNC MORTGAGE CORF. OF AMERICA. AN OHIO CORPORATION . I understand that the l.ender mar transfer this \'ote. The Lender or ani'one who takes this ~ote by t:;oaDsfer and who is entitled to recej\'c parment."l under this ~ote is called the "~ote Holder." 2. IXTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pa)" interest at a Je<:Irl~' rate of ----------------6.7500%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Se..."tion 6(B) 01 this ~ote. J. PA Y){ENTS (A) Time and Place of Payments I will pi)' principal and interest by making payments every month. 1 will make mol' monthly payments on the FIRST day of ea,ch month reginning on DECEMBER 1 , 1997 , I will make these payments every month until I have paid all of the principal and interest and aHr othe:r charges described below that I may owe under this ::\ote, ~1y monthly payments will be applied to interest before princ..-ipal. If, on NOVEMBER I. 2027 , I still owe amounts unde'r 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 75 NORTH FAIRWAY DRIVE, VERNON HILLS, ILLINOIS 60061 or at a different place if required b}' the ~ote Holder_ (B) Amount of Monthly Paymcn1s ~~r monthly payment will be in the amount of U.S. S 452.35----------------. 4. 80RROWER'S RIGIITTOPREPA Y I have the right to make payments of principal at any time before they are due, A payment of principal onl)" is known as a "prtpayment," \\onen I makea prepayment, I will tell the S'ote Holder in writing that I am doing so. I ma}' make a full prepayment Or partial prepayments without paying a,ny prepayment charge. The ~ote Holder willll~e all of my prepayments to reduce the amount of principal that I owe under this ~ote. If I make a partial prepayment, thert: 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. I.OAX CIIARGF.s 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 e~ceed the permitted limits, then: (i) an)' such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and Hi) an}' sums alread}O l."Ollected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund b)' reducing thl: principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the S'ote Holder has not received the full amount of any monthl)' payment by the end of 15 calendar days afwr the date it isdue,l \\'ill pay a late charge to the Note Holder. The amount of the charge will })e.----------------5,OOOO% of m)' overdue payment of principal and interest. I will pay this late charge promptly but only once on each tate payment. (8) Delaolt If I do not pay the full amountof each monthly payment on the date his due. I will be in default, (Cl Xoticeol Dela.lt If I am in default, the Note Holder may send me a written notice telling me that if I do not pal' the overdue amount by a certain date, the ~ote Holder may require me to pay immediately the full amount of principal which has not been paid and MUl. T1STATE FIXED RATE NOTE~ Single Fll'Ilily -F....i. Mae/Freddie MIC Uniform illStrument o PtQtl0l2 ~-5Rf010'5l02 XC3100DMA 002 VMP MORTGAGE FORMS 4 13131293-8100. (800)521'7291 Form 3200 12183 lni~:;n~ " ~ """~ ~o -~ .,( all the: interest that ~ owe on that amount" That date must beat least 30 days aCter the date on which the notil."eis delivered or mailed to me. (D) Xo Wah'er By :-Oote Holder Ih'cn if. at a time when lam in deCault, the ~ote Holder does not require me to pay immediately in full as described ahem:. the:\"ote Holder will still havetherighttodosoiCI am in default at a'later time. (E) Pafment or Xote HOlder's Costs and Expenses If the ~ote Holder has required me to pay immediately in full as described above. the ~ote Holder will have the: right to he paid back by me for all of it! costs and expenses in enforcing this ~ote to the extent not prohibited by applicable law. Those e:xpenses include, for example, reasonable attorne,)'s' fees. 7. GlnXG OF XOTICES l"nless applicable law requires a different method, any notice that must be given to me under this :\ote will be giyen br deliyering it or b)" mailing it by first class mail to me at the Property Address above orata different address if I give the ~ott: Holder a noticeof my different address" Any notke that must be given to the Sote Holder under this Xote will befiven by mailing it by first class mail to the ~f){e Ilolder at the address stated in Section 3(A} above or ata different address i I am given a notice of that differentaddres.... R. ORl.IG.HIOXS OF PERSOSS n;DER THIS :-IOTE If more than one person signs this ;\ote, each person is Cully and personally obligated to keep all of the promise.o; made in this ~ote. including the promise to pay the full amount owed. Any person who is a ~uarantor, surety or endorser of this ~ote is also obligated to do these things. Any person who takes over these obliJations, Including the obligations of 8 guarantor. suret)" or endorser of this ~ote. is also obligated to keep all of the promises made in this Note. The ~ote Holder mal' enfoN.'t: its rights under this ~ote against each person individually or against all of us together. This means that anyone of us mar he re:quired to pal' all of the amounts owed under this Note. 9. II" .\I\'ERS I and any other person who has obligations under this !'\"ote waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "~otice of dishonor" means the rig~t to require the ~ote Holder to give notice to other persons that amounts due have not been paid. 10. D;JFOR:\/ SEct RED NOTE This ~ote is a uniform instrument with limited variations in some jurisdictions" In addition to the protections giw:n to the ~ute Holder under this Note, a ~ortgage. Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this ~ote. protects the !\iate Holder trom possible losses which might result if I do not keep the promises. which I make in this ~ote. That Security Instrument describes how and under what conditions I may be required to make immediate pa)"ment in full of all amounts I owe under this Note. Some of those conditions are described as follows: . Transfer of the Property or 8 Beneficial Interest in Borrower. If aU or any part of the Property or an)" 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 pa)'ment in futl of all sums secured by this Security Instrument. However, this, option shall not be exercised by Lender if exert'ise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall prV'.ide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must par all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. l..ender mar invoke an}' remedies permitted by this Security Instrument without further notice or demand nn Burrowc:r. \rIT:\ESS THE HAND(S} AND SEAL(S) OF THE UNDERSIGNED. ~ (Seal) ~~~~AS J. Bll -Borrower (Seal) -Burruwtlr SSX: (Seal) (Seal) PAY TO nt\fl.U~H Of. -Burrnwcr l'llC Ba~ W(T'HOUl'RECOURSE (Seffc&,.,S'IU{ aMyl !'NO '?f~8 Co'll. of /I>IfI ~-= GalL- -Borrower SSX: SS!lO: ~-5RlOICSl.02 XCJlOODA....B .02 Pea' ~ .1 2 form 3200 12/83 . . .. ~! ~-!I c ~ "jg;,,- 3.>JLh St-S :If:'OA[; A1.0 RE!URN 70 ., ~- ,.......~,.. ~-;>L> PA/t!. PNC Mortgage Corp, of America 7S North Fairway Drive Document OperatioD._ SI.S07s-'oJ..A Vemon Hil'" JL 60061 . . ...-:. ..... ". 'S"ltW J :J Pl'I 3 OB Parcel \umber. l6-23-0567-036 ]jJADbbll. (Space Abon This Line For Recording nata) PQEPAr:EO 8v. ~=3q.:. J ~ASHLE'I 3~T_E~ ~~~k PA 15;02 MORTGAGE LE~DER'S , 09-2'-561'2 THIS \IORTGAGE ("Security Instrument") is given on THOMAS J. 8:LOER OCTOBER 30 . IB97 . The mortgagor is ("Borrower"). This Security Instrument is given toPNC MORTGAGE CORP. OF AMERICA which is organized and existing under lhe laws of THE STATE OF OHIO . and whose addressis 75 NORTH fAIRWAY ORIVE. VERNON NILLS. ILLINOIS 60061 ("Lender"). Borrower owes Lender the principal sum of SIX IV-NINE 'HOUSAND SEVEN HUNORED fORTY-THREE DOLLARS AND ZERO CENTS----------------------------------------- Dollars (to.S. $69.743.00-------------). This debt is evidenced b)' Borrower's note dated the same date as this Security [nstrument ("~ote"), which provides for monthly payments, with the fuB debt, if nut paid earlier. due and payable on NOvEMBER 1, 2027 " This Security Instrument secures to Lender: (a) the repa)"ment of the debt e\'itreoced b)" the :\ote, with interest, and all renewals, extensions and modifications of the ~ote; (b) the pa)'ment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the ~rf()rmance ()f Borrower's covenants and agreements under this Security Instrument and the ~ote. For this purpose. Borrower does hereby mortgage, grant and convey to Lender the fonowing described propert)" located in CUMBERLAND Count)', Penns)"h"ania: which has the address of 102 II' KELLER STREET, Penns)'h'ania ~ 7055 [ZipOldel PENNSYlVANIA-Single family- fM'AAlfHtMC UNIFORM INSTRUMENT Ferm 3039 9/90 _fQr6RlP..A)-f.lM.lOl__,_,~"_~.,.,.~_~_,'>._~>>JU,J . VMP Mgmr;AGE fOR~i . i\OOIS21.72~ 1>.,. , o' e x llO OM" Ill,.l. '1 Inili.Is:-L.:l.L2- MECHANICSaURG ("Property Address"); iStreet. f'i1rj. ..1~~~~m~lm"I.- Bood414rAGE .224 --, - ......... , c . .'-"""""'" ~, TOCETHER :VITH all the improvements now or hereafter er~ted on the propert}', and all easements. appurtenances. and fixtures now or hereafter a part of the property. All repJ.acements and additions shall also be co\-ert:d . h}" This Securit)' Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." nORRO\'-ER COVE~AXTS that Borrower is lawfull)" seised of the estate herebl' conveyed and has the right to murtgage. grant and con vel. .the Propertl. and that the Propert}. is unencumbered, except for encumbrance.Ii of record, Burro\\-er warrants and will defend generally the title to the Property against all claims and demands. subject to an). ellC'Um hrances of record. .. Tl-US SECt.:'RITY INSTRLJME\li combines uniform covenants for national use and non.uniform covenants with limited \.ariations by jurisdiction to constitute a uniform security instrument covering real property_ l'~IFOR~ COVE);A:-' 'TS. Borrower and Lender covenant and agree as InHows: . ]. pa)-ment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptl). pay \\.hen dlJ~ the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the :\ott:. 2. funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pal. to Lender on the day momhly payments are due under the ~Ote, until 'the ~ote is paid in full. a sum ("Fund"l."J for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Propertr; (h) fetlrlr ]~Sehuld payments or ground rents on the Property. if an}.: (c) yearly hazard or property insurllnce premiums: (d) rearl}" floud insurance premiums, if any; (e) yearly mortgage insurance premiums, if anr: and (f) any sums parable by Borrower to Lender. in accordance with the prm.isions of paragraph 8, in lieu of the payment of mortgage insurance premiu'fTIs. The,c;e items afe called "Escrow hems," Lender ma}., at any time, collect and hold Funds in an amount not tu exceed the'maximum amount a lender for a federally related mortg~ge loan may require for Borrower's escrow account onder'tb.e federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, \2 C.s.C_ Section 2601 et seq, ("RESPA "), unless another law that applies to the Fonds sets a lesser amount. If so, Lender mar, at an)" time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds doe 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 entitr (including Lender. if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Fqnds to pa~ the r..scrow Items. Lender may not charge Borrower for holding and, appl)'\ng the Funds, annually ana\yzi.ng t~e eSCrow at:COllOt. or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applica~le law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an indc:pendc:nt rell.l estate tax reporting service l1.'ied by Lender in c.:oonection with this loan, unless applicable law prm-ides otherwise. t:nless an agreement is made or applicable law requires interest to be paid, Lender shall not ~ required to pay Borrower anr interest or earnings on 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 WIlS made, The Funds are p\edged as additional security for all1!lums secured by this Security Instrument. If tbe Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall 8L"COUOt to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds hdd hr Lender Ilt an). time is not sufficient to pal' the Escrow Items when due" Lender may so notif)' Borrower in writing. and. in s~lch case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up T,he deficiency in no more than twelve monthly pal'ments. at I.ender's ~Ie discretion_ l' pon pllyment in full of aU sums secured b}. this Security lnstrument,lender shaU promptl)' refund to Horrower any Funds held bl" Lender_ If. under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the Ilcquisition or sale of the Property. shall apply an)" Funds held by Lender' at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherWise, aU payments received br Lender under paragraphs t and 2 shall be applied: first, to any prepayment charges due' under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, ~ any late charges due under the ~ote. 4. Charges; Liens. Borrower shall" pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and ~easehold 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 !'ihall pay them on time directly to the person owed payment_ Borrower shalt promptl)' furnish to Lender all notic~.. of amounts to be paid under this paragraph_ If Borrower makes these pal.ments directly, Borrower shall promptll' furnish to '.endet recei pts evidencing the payments. Borrower shall promptly discharge any lien which has priority o\-er 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; (b) c()ntest,c; in g(xxf faith the lien by, or defends against e~lorcement of the lien in, legail proceedin~ which in the Lend~r's opinion operate to prevent the enforcement of the hen; or (c) secures from the halder of the hen an agreement satlsfactor,r to l.ender subordinating the lien to this Secutity Instrument, If Lender detertnines that any part of the Propertl' is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notke identifying th~ lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within ]0 days of the giving of notice. XC\ICt70AA8 ll'/U .0& ~/95 ~~;:~~~~" ~-6RfPA}-'I.."1l1 ,....'i1--.Ii& .Bod414rAGt ,225 ~J" . ~- '~-'i " ~ " , lljj,~ ,-, 5. Haza~d or Prop:erty Insura~ce. Borro~er shall ke:p ~he imprqv:ments now existing or hereafter erected on ~h~ Pr?perty msured agal~t loss b)- .flre. hazards Inc.lud~ wltlUn the ~r'P extended coverage" and any other ha:t.ards, Lncludmg floods or flOOding, for WhICh Lender reqUires Insurance. ThIs ~nsurance shall be maintained in the amounts and for the periods that Lender requires. The insurance l,.'8rrier providiqg the insurance shall be chosen by BorrOlrer subject to Lender's appro\'al ~v~ich s~all not ~e unreasonably withheld. If Borrower fails to maintain coverage descrihed ahnn:. I.endt:r may. at Lender s option, obtain co'.erage to proteCt Lender's rights in the Propert}- in accordance with paragraph 7. . . ... All insurance polic!es and renewals sha!l.be acceptable to Lender and sha.1I include a standard mortgage cla\l.<;e. Lender shall h~ve the r.lght to ,hold the pohcles an~ renewals, If Lender requires, Borrower shall promptly give w I,ender all receIptS of paid prer:mums and renewal notices. In the event of loss, Borrower shall give prompt notice to the i~~~I.rance carrier and [,ender, Lender may make proof of loss if not made promptly by Borrower, .. ..t"nless Lender and Borrower otherwise agree in writing, insuranl,."e proceeds shall be applied to restoration or repair nf the Proper!}' damaged, if the restoration or repair is economically feasible and Lender's security is not lessened, If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with an)- excess paid to Borrower. If Rorrowt:r abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier hac; offered to settle a claim. then Lender may collect the insurance proceeds. Lender ma). use the proceeds to reptir or restore the Propert}. Of to pay sums secured b)' this Set:urity Instrument. whether or not then due. The 30-day period ".ill Pegln when the notice is gi\.en. l.nlc:ss I,ender and Bmrower otherwise agree in writing, any application of proceeds to principal shall not extend or pustpone' the'due Wite of the monthl}' pa)'ments rtferrc:d to in paragraphs I and 2 or change the amount of the parmt:nt.c;. If undc:r paragraph 21 the Property is acquired by Lender, Borrower's right to an)' insurance policies and proceedc; resulting from damag~ to the Property prior to the acquisition shall pass to Lender tl) the e:ll.1ent of the sums secured b). this Securit), Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, :\laintenance and Protection of the Property; Borrower's Loan Application: Leaseholds, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to OCCUP)' the Property as Borrower's principal residence for at least oae year after the date of occupanc)'. unless Lender otherwise agrees in writing, which consent shall not be unreasonably \,.jthheld, or unless extenuating circumstances exist which are be)'ond Borrower's control. Borrowt:r shall not destroy. damage or impair the Property, allow the Property to deteriorate, or commit waste on the Prilperty. Borrower shall he in default if any forfeiture action or proceeding, whether civil or criminal, ,is begun that in Lender's good faith jUdgment cDuld result in forfeiture of the Property or otherv...ise materiall)' impair the lien created br this Securit}' Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as pro\.idt:d in paragraph 18, b)' 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 materiaI1mpail:mt:nt of the lien crt:ated by this Securit}" Instrument or Lender's security interest. Borrower shall also be in default if Bormwer, during the loan application pf()(.'eSS, gave materially false or inaccurate information or statements to Lender (or failed to prm'ide Lender with an). material information) in connection' with the IQan evidenced by the Xote, including, but nu[ limited to, representations concerning Borrower's occupancy of the Propert), as a principal residence, If this Security In!=iitrument is on a leasehold, Borrower shall comph' with all the provisioRs of the lease. If Borrower acquires fee title [(l the Propert)', the leaseh.old 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 covenants and agreement<; (;()ntaintd in this Securit)' Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Prupcrt~. (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or rt:gulations), then Lender mar do and pay for whatever is necessary to protect the \'alue of the Propert). and Lender's righL<; in the Propert}', Lender's actions may include paying an}' sums ~ured by a lien which has prioritr over this Seturitr Instrument, appearing in court, paying reasonable auorneys' fees 'and entering on the Propert}' to make rt:pair~. Although Lender ma). take action under thts paragraph 7, Lender does not, have to do so. An). amounts disbUrsed by Lender under this paragraph 7 shall become additional debt of Borrower secured hy this Securit)' Instrument. Unless Borrower and Lender agree to other terms of .payment, these amounts shall be;lr interest from [he date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower reouesting payment. , 8. \Iortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured br this Securit)" Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for an)" rt:8son, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pal. the pn:miums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at iI cost substantially equh.alent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mc)rtgage insurer approved by Lender, If substantially equivalent mortgage insurance c1?,,-erage is not. a'.aila~It:, Borrower shall pa). to Lender each month a sum equal to one-twelfth of the yearly mortgage lOsurance premIUm bemg paid b)' Borrower when the insurance coverage lapsed or ceased to be in effect. I.ender will accept, use and retain thc::se payment,.; as a loss reserve in lieu of mortgage insurance, Loss reserve payments ma). no longer be requirt:d, ltCleo7DAAC(PA).0I53JOS -q.....-e;RIPA)^-IO~-IOl -P.,.'3 .r B Fclrm 30n 9/90 ;~;i;;'~;~ .SGOK1414PIGE .226 --I'.",'" i_* '<iJ,_ , ~kL -''', w,~ at the option of Lender, if mortgage insurano:: co\'erage (in the amoutlt and for the period that Lender requirt:S) pro,'ided b}' an insurer approved by Lender again becomes available and is obtained. Borrower shall pa)" the premiums . required to maintain mortgage insurance in effect, or to prm'ide a loss ;reserve, until the requirement fur mortgage insurance ends in accord..mce with any written agreement betWeen Borrower and Lender or applicable law. 9. Inspection. Lencier Qr its agent ma)' make reasonable entries upon and iospeL.'tions of the Propert)., I.coder shall gin~ Borro".er notice at the time of or prior to an inspection specifying rea~nable cause for the inspection, 10. Condemnation. The proceeds of any award or claim for damag~. dl~t or consequential, in conn~tion with an)" condemnation or other taking of any part of the PropeM)". or for con've)'ance in lieu of condemnation. are hereh)" assigned and shall be paid to Lender, In the e\,ent of a total taking of the Property, the proceeds shall be applied to the sums secured by this Securit)' Instrument. whether or not then due, with any excess paid 10 Borrower. In the event of a partial taking of the Proptrtr in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the slims secured by this Security Instrument immediately before the taking, unless Borrower and Lender othen"ise 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 b)' (b) the fair market "alue of the Propert}' 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 immediatel)" before the taking is less than the amuunt ()f the sums 5ecured immediately before the taking. unless Borrower and Lender ()therwise agree in writing or unless applicable la\\' otherwise provides. the proceeds shall be applied to the sums secured by this Securit,r - lnsi.rum~nt whether or not the sums are then due. . [f the Property is abandoned by Borrower, or if. after notice by Lender 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 gi Yen. Lender is authorized to collect and appl)' the proceeds, at its option. either to restoration or repair of the Propert)" or to the sums secured by this Security Instrument, whether or no:t then due, l. nless Lender and Borrower otherwise agree in writing, any application of proce:eds to prinCipal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of sUt:h parments. II. 'Borr01fer Xot Released: Forbearance By Lender Sot a 'Vaiver. Extension of the time for paYrT\ent at modification of amortiuttion of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. L~nder shall not be required to commence proceedings against an)' successor in interest or refuse to t::\"'tend time for pa}'ment or otherwise modi f)' amortization of the sums secured by this Security Instrument by reason of an)' demand made b~. the original Borrower or Borrower's successors in interest, Any forbearanL.'C b). Lender in ex.ercising anr right or remed)" shall not be a waiver of or preclude the exercise of any right or remedy. 12, Successors and Assigns Bound: Joint aod Several Liability; Co-signers. The covenants and agreement... of this Security Instrum~nt shall bind and benefit the successors and assigns of Lender and Borrower, subject to the pro\'isions of paragraph 17. Borrower's covenants and agreements shall be joint and several. An)' Borrower who co-sign.c; this Securit}' Instrument but does not execute the Note: (a) is co-signing, this Security Instrument only to mortgage. grant and convey that Borrower's interest in the Propert). under the terms of this Security Instrument; (b) is not ~rsonallr obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and an)" other Borrnwer may agree to e,:tend, modify. forbear or make an}' accommodations with regard to the terms of this Set:urit}, Instrument ()r the Xote ".ithout that Borrower's consent. 13, I.oan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan l.:hargt:S, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in c(mnet.,tion with the loan e:lceed the permitted limits. then: (a) any such loan charge shan be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums alread). collected from Borrower which l:xceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing thl: principal owed under the ~ote or by making a direct payment to Borrower. If a refund reduces principal. the reduction will he treated as a partial prepayment without any prepayment charge under the ~ote. J 4. S'otices. Any notice to Borrower provided for in this Security Instrumentshall be given by delivering it or h)" mailing it b). first class ,nail unless applicable law requires use of another method. The notice shall be directed to the Pro~rtr Address or an}' other address Borrower designates by notice to Lender. An)' notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates b)' notice to Borrower. An)" notice pr()\"ided for in this Security Instrument shall be deemed to ha,'e been given to Borrower or Lender n'hen gi,'en as pro\"ided in this paragraph, 15. Gm"erning Law; Severability. This Securit)' Instrument shall be governed b). federal law and the law of the jurisdiction in which the Propert)' is located. In the event that an). provision or clause of this Securit)'In.r.;trument or the :\ote cnnflicts with applit:able law, such conflict shan not affect other provisions of this Security Instrument or the ~.ote which can be given effec( without the conflicting provision, To this end the provisions of this Security Instrument and th~ Xote are declared to be severable. lI:C:18010...AOIP"'I,CIl3/85 '--q;';'SR-lPl\:rcii'iOI- --P~,;'".-;; e- E""",_,,g~-1:ig>>- Initial,: Bood414riiiE..227 '.-- """ t.. ~ 16. Borrower's Copy. Borrower shall be given one conformed copy of the Sote and of this Securit)" Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any , int~rest 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 pal"ment in fullnf all sums secured b)' this Securit)" Instrument. Howe\"er, this option shall not be exercised by Lender if exercise 15 prnhihi ted by federal law as of the date of this Security Instrument" If I ,coder exercises this 4>ption, Lender shall give Borrower notice of acceleration. The notice shall provide a pt:riud of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums s~ured by this Securitl' Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may inmke any remedie... permitted by this Security Instrument without further notice or demand on Borrower" 18, Borrower's Right to Reinstate, If Borrower meets certain <:onditions, 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 pe,riod 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 ~ote as if no acceleration had occurred: (b) cures any default of an:)' other covenants or agreements: (c) pays all expenses incurred in ~nf()rcing this Security Instrument, including, but not limited to, reasonable attornel's' fees; and (d) takes such action as I.~nder may rea...onably require to assure that the lien of this Security Instrument. Lender's rights in the Propertr and Borrower's obligation to pal" the sums secured by this Securitf Instrumemshall continue unchanged, l'pon reinstatement by Borrower this Security Instrument and the obligations secured hereb} shall remain fully effective as if no acceleratiun had Ot;curred" However, this right to reinstateshall not apply in the case of acceleration under paragraph 17" 19, Sale of :\"ote; Change of Loan Servicer, The ~ote or a partial interest in the Sote (together with thisSecurit)' Instrument} may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that colleets monthi)' payments due under the Note and this Security Instrument. There also ma}' 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 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 b:r applicable law, . 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of an) Ha....ardous Substances on or in the Property" Borrower shall not do, nor allow anyone else to do, anl'thingaffecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presen<..'e, use, or storage on the Property of small quantities or Hazardous Subs1an<:es that are generally recognized to bt: appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand. lawsuit or other action by any governmental or regulatory agency or private party involving the Property and an)" Hazardous Substanc~ or Environmental Law of which Borrower has actual knowledge, If Borrower learns, or is notified b)' an}' go\'ernmental or regulatory authority, that any removal or other remediation of any Haiardous Substance affecting the Pro~rty is necessary, Borrower shan promptly take all necessary remedial actions in ac<:ordance with Environmental Law. As used in this paragraph 20. "Hazardous Substances" are those substances defined as toxic or hazardous substance.<=; by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxi<: petroleum product..., toxic pe.'>ticides and herbicides, volatile solvents, materials containing asbestos or forrnaldeh)'de, and radioal.:ti\'e materials. As lL'ied in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction whett;: the Propert). is located that relate to health, safety or environmental protection" \:O~ ~C\IFOR~l COVE:-';A~ is, Borrower and Lender further covenant and agree as follows; 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in tbis Securit). Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise), Lender shall notify Borrower of, among other things: (a) the default; (b) the action Tequired to cure the default: (cJ 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 Securit)" Instrument, foreclosure by judicial proceeding aDd sale of the Property. Lender shall further inform Borrower of the riCht 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 default is nc)t cured as specified, I.ender, at its option. may require immediate payment in full of all sums se~ured b)" this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. I.ender shall be entitled to collect all expenses incurred in pursuing the remedies prm'ided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. tjpon payment of all sums secured b}" this Security Instrument, this Security Instrument and the estate com"e\'ed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security In.-nru'ment without charge to Borrower. Borrower shall pay an)' recordation costs. XC18070AAE IPAl.OIl 3/05 ~;;6R(PJij"i8.101- .~rJlt~Ol~J'. In;II...: :J.J.I2- i>i..-" ...-. BoDK1414rAGf.. 228 ,Co ,~~ -J,. ---~ -'-- ~~ 1 ~~~ I'IJ 23, Wai"'ers. Borrower, to the extent permitted by applicable law,' waives and releases any error or dd&.:ts in proceedings to enforce this Security Instrument, and hereby waives the ~efit of any present or future taws providing , for st!y of execution, extension of time, exemption from attachment,lev). and sale. and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided i(l paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire ti tie to the' Pro}>erty, "this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the inter~t rate payable after a judgment is entered nn the Sote or in an action of mortgage foreclosure shall be the rate payable from time to time under the ~ote. 27. Riders to this Security Instrument. If one or more riders are;executed by Borrower and recorded together with this Security Instrument. the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security InStrument as if the rider(s} were a part of this Securit}" Instrument. [Check applicable box(es)l o Adjustable Rate Rider B Condominium Rider D 1-4 Family Rider n Graduated Payment Rider Planned l:nit Development Rider 8 Biweekl}' Payment Rider ~ Balloon Rider Rate Improvement Rider Second Home Rider 1'"4 \"..\. Rider 0 Other(s) [speciryJ (Seal) (Seal) .Borrower -1JI;.rr"Wt:r Certificate of Residence I, address of the within-named Mortgagee is 2000 OXFORD DRIVE, , do hereby certif,r that the correct 3RD FLOOR, BETHEL PARK. PA 15102 "-itoess m)" hand this da)' of ~~..:>;0J'.~~~, ~~_~__ $";;; "".~1".; "._ CO~nIO~WEALTH OF PENNSYL VANIA. _~~- County ":,ftr'-"~~";';:;i'~:":; On this, the ~ .'JJYor t!lt::k~ '/~7' before;~;;~i~.e~-' ..' officer. personally appeared ~~..c:..cr V ~,..~- J ""'".V;":''':~~~~5'~.' ',,_ r~ ,.....\. known to me (or satisfactorIf{~:~ . the person .....hose name I'~ subscribed to the within instrument and acknowledged that ;t;it!:;-:~,. ,. ._,~~._,.~--"-- ~ "",,,mm_,.. "_.<m,__....,,~. _ _ _ ~ ),h' Commissio~~ vni,._: ' ~ ~ . I\l:... ~ai ' sa't M, Sc.~:',.~. ;otary Public ! lower O1)'fon ""oJ" =111..=phin County My Commission Ex(w% May 28.1998 t.lsrnber,f'ennsytva;iibAssol::ia!iOOofNotatieS Thill of Officer xClao7DAAl'(PAI,OS3/OS ^fQ;-6RlPAb~41~) , .po,.-.-..re -~'foim-31I^n-' 91~flf Bod4H'AGE .229 "", :"MWll~l " , EXHIBIT 'A' ALL THAT CERTAIN HOUSE AND TRACT of ground situote in the RBt Word of the Borough of Mechanicsburg. Cumberland County. Pennsylvania. bounded and described in accordance with a survey prepared by Gemt J. Betz Associates. Inc.. Engineers ond Surveyors, doted June 19, 1985 os follows, to wit: 8EGINNING ot 0 noil on the Northern building line oi West Keller Street, being 19.41 feet by some from South Frederick Street ond at the center line of 0 double brick dwelling house; thence by the norlhem line of West Keller Street, South 80 degrees 18 minutes 00 seconds West. 0 distonce of 21.00 feet to 0 pin: thence North 03 degrees 42 minutes 00 seconds West I a cflStonce of 160.00 feet to a pin on the southern line of 0 12 foot olley; thence oIong sold olley. North 80 degrees 18 minutes 00 seconds Eost. 0 distonce of 3.05 feet to 0 pin on soid olley: thence South 03 degrees 42 minutes 00 seconds East, 0 distonce 0150 feet to 0 pin; thence North 86 degrees f8 minutes 00 seconds East. 0 distance of '1.32 feet to 0 pin; thence South 09 degrees 27 minutes 00 seconds East, 0 d"~tQnce of 66,17 feet to 0 pin: thence south 03 degrees 42 minutes 00 seconds East. a distance of 44.16 feet passing through the cenfer 01 0 portiffon wail, to the Northam building line 01 West Keller Street. Itle point ond ploce of 8EGINNING. HAVING THEREON ERECTED the western Y, of 0 two-sfory double brick dwelling house, known and numbered os 102 West Keller Street. HQ""':rh, '(9. Po_ 17055. .l,~ 0Ie.-~ ' . . 't... ......... " , .#' . . . . .-, .'.'~~:~;'1~<':' -..' . ',.- . ... f~- ....:...... .-; .'~' ..' .:'. ,;. m Bod414ffiJE .230 -". ,il~i ,": -eJ ~ ,- _r,.~, "--.-". . . ,~- ' ,. "M " ~-- ""-,,,~~o:. =1\Il:F~M-Y':: . VERIFICATION The undersigned, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to her information and belief. TERESA SWrrzEA 2nd VICE PRESIDENT ~~MDiIIIilili;~lHi'iJlfl!l%iafiW;i~~~.!iM&"i.M;,j;.w.J;;~~"'~",i",kI<lii",\illil(:cl:.jiWi~il -,-\,",,"""", ~~ -"'-"-lI~il1I!~~1liili ".-~~VII :l"""""--~'~ ~~ qs 15<j (") 0 (") ~ c: -n -- (2J -l: s ..,.. :::::1 } ..t. 'vi".. ~ -Or.;] :n~ f-~-i? V, fTlrl :;eel ~ ~ C> 2::0 :::~tS 0 ~~:~. Q r:=:~(~ C>: ~ 0 Vr r:;CJ -,:l ~1'.! ",i 0- G )>0 :J1; 7-';:'!J :::0-';:0 '\) ~ j I f=6 om ~ ~ :tJ~ ;-"C ~ ';;! z ::! w :i:l ( Fi' (J1 -< i: ~ ., . ~- ~ JfJ.! . ~"~ "~'- .. ,'^ ~ .-~ ,'>;C" """~ . ,~..J"~ " , -, - ;- ~ , . .1 ~,;._ ''''''''''''''~'"'e<_ SHERIFF'S RETURN - REGULAR . \ , CASE NO: 2001-01542 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS BILGER THOMAS J SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BILGER THOMAS J the DEFENDANT , at 0013:13 HOURS, on the 19th day of March , 2001 at 223 COCKLEYS DRIVE MECHANICBURG, PA 17055 by handing to THOMAS BILGER 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 6.82 .00 10.00 .00 34.82 so;:~~,~ R, Thomas Kline 03/21/2001 GRENEN & BIRSIC Sworn and Subscribed to before me this .;2 'J -e;: day of ~ :26-01 A.D. Q'tu. () h.JR. ~ / ~ Prothonotary By: ,-<MIlMnVrYl'm. J"YlcLo. Deputy Sheriff ~ ~.d~,~_ ".' ~~ "~ _1_, L' ~'llIO.; ,,,~.l:>f1jDi_," ... ~... r-~ , IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO.: 01-1542 CIVIL TERM TYPE OF PLEADING: vs. THOMAS J. BILGER, PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE Defendant. FILED ON BEHALF OF PLAINTIFF: PNC Bank, National Association COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. # 77991 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 _.~~,~~"-~~.-.- ". .. 1, ~ ~"- IN THE COURT OF COMMON PLEAS ,OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. THOMAS J. BILGER, Defendant. CIVIL DIVISION NO.: 01-1542 CIVIL TERM TO: PROTHONOTARY PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE SIR: Kindly settle and discontinue without prejudice the above-captioned entered on March 16, 2001 and mark the docket accordingly. BY: Sworn to and subscribed before me GRENEN & BIRSIC, P.C, ~L~CI-~ A neys for Plaintiff this~day Of---.Bf I ~ L "'+ ,2003. ~~{'~a--.:.~ .'\II.~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Palrida A. Townsend. Notary PubflC City 01 Pitlsburgh, Allegheny County My Commission ExpIres June 2. 2007 rvtember, Pennsyivania Association Of No.taries ~j!lJliIMl:i~l!Ji~f1e"MtlWt;:fui~ihic1ii'l~\,'b!j!"!;l.J~i<'l~-f<liI.ill!Lt~"b\,'-"_.,6;"12'L'\;f-tt"~~_i:"",,,,,,%'li-;o~:~'ribMiji1Wlli!MIt*'lIillllil!tiit!j!_lii>.~-~il>~~1.' ~". ~1'-""' o' :- J" cr -fr -^~", '. All 0 0 ~ c:: w S. ~ .--\ :':C-n --0 a, G5 nip: rnrn z::o N '.orn Z~- "J:?, U1-: if< '~U ~4 :.~-r; vC; -0 /:5':1) "j;(; :% ~70 ,0,,0 c.:2 -;5'" >r-_ --~i ~- ~ :z; \"-> =< ....l ,