Loading...
HomeMy WebLinkAbout01-03381 .. ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: ol-2JcP{ c'-C);[ ;-~ Plai ntiff, VS. TYPE OF PLEADING RONALD E. BLYSTONE, a/kla 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 TWE~~ DAY. FR SERVICE HEREOF 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: 1438 BRIDGE STREET One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 "'~, ~T. ,_ I ,- -'". 1*' ~ -~ . 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 against the claim set forth in the following pages, you must take action withi n twenty (20) days after th is complai nt 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 clai ms set forth agai nst you. You are warned that if you fai I 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, PA 17013-3387 (717) 240-6200 A ~ ~,,~ ,'- c' _ ,~" I..''' . __~ _"J::;.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 01- -33 'tI c...;....e - I ..Q..tA- 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, Louisville, 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. ""', -~, - ~ - - ,,-;' - ' '--"~"~-''''' ,.' --".-. ~ ~". ~" c; 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 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 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, etseq. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal Interest through 04/30/01 Late Charges through 04/30/01 Escrow Deficiency through 04/30/01 Attorney's fees Title Search, Foreclosure and Executi on Costs $ 85,044.96 $ 5,643.29 $ 322.90 $ 718.37 $ 800.00 $ 2.500.00 TOTAL $ 95,029.52 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $95,029.52 with interest thereon atthe rate of $18.66 per diem (as may change from time -,jI ., ~,,,..~-. ,."1"''''''' c. , -~, -"':. . ~, F~ - ..--~. to time in accordance with the terms of the aforesaid Note) from April 30, 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. BY: GRENEN & BIRSIC, P.c. ~/t -~ 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. -. ._, ,--., " ,^ ,,,', -" , ,~ ~,-: ".: !'F~ ,.' ".'",,", . EXHIBIT "A" .'-- . FIXED/ A~ST ABLE RATE NOTE · (I Year Treasury Index-Rate Caps) LENDER'S t: 09-24.12271 THIS NOTE PlIOVIDES 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. 1B96 CANP HILL m.te] [Cityl 143B BR[DGE STREET" NEW CUMBERLAND, PENNSYLVANIA 17070-1117 PENNSYLYAN[A [State] (Property AddrNs) I. BORROWER'S PROMISE TO PAY In return fora loan that I have received, I promise to pay U.S. S 88.000.00....:.------------- (this amount is called "principal"). plus interest. 10 the order of the Lender. The Lender is PNC NORTGAGE CORP, OF AMERICA, AN ONIO CORPORATION I understand that the Lender may transfer this Note. The Lender ar anyone who takes this Note by transfer and who is entitled to recei vo payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has. been paid. I will pay interest at a yearly rate of ------.--------8.000{) %. 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 tho rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Placo of Payments I will pay principal and interest by making payments every month. I will mak.e my monthly payments on the firsc day of each month beginning on JANUARY t . 1997 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that r may owe under this Note. My monthly payments will be applied to interest before principal. '(f, on DECEMBER I. 2026 . I still Owe amounts under this Note. I will pay those amounts in full on that date. which is called the -Maturity Date,- I will make my monthly payments a' 75 NORTH FAIRWAY ORIVE. VERNON HILLS. ILLINOIS 60061 or at a different place if required by the Note Holder. (B) Amount or My Initial Monthly Payment. Each of my initial monthly payments will be in the amount of U.S. S 645. 71~~--~-~~.---~-~~. This amount may change. eel Monthly Paym..t Change. Changes in my monthly payment will, renect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this NolO. MULnSTATE FlXEDlADJUSTAll.E RAlE NDnH YEM lllEASURY ltIJEX .Slngle Fllllily- FennJe ... Unlf.,... Ilutr.....n: q-S43 ('11I.0$1 Fe'm~ VMP MOATQAQI FORMS - IIDot!I2t- "Of. 1",. XCZUlIlIAAAo 1MI.00 11M IlMtl.l.: . IIII~IIIIIIIIIIII~ II~~II . ;, .-~- ~, -, '_'~1,; .". _. _ ~f ,,'1 ~~- -", . ~. Ai:lJUS~ABLE INTEJtEST RATE AaONTHL Y PAYMENT CHANGES · (A) Chanco Dates The initial filed interest ratc I will pay will change to an adjustable interest rate on the first day of DECEHBER . 2003 . and the adjUStable interest rate I will pay may change on that day every 12th month thereafter. Tho date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable intere6t rate could change, is called a "Change Date." (B) The Inde, Beginning with the fitst Change Date, my adjustable interest rate will be based on an Index. The "Jndex" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of I year, as made available by the Pcdera\ Reserve Board. The most recent Index figure availablo as of the date 45 days before each Change Date is called tbe "Current Index." If the Index is no 1000ger 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 or Cnanges Before each Change Dl1te, the Note Holder will calculate my new interest rate by adding TWO AND THREE FOURTHS-n ----------------------------- percentage point(s) (-------------------2.7500 %l to the Current Index. The Note Holder will then round the result of this addition to the nearestone.eighth of one percentage point (O.l2S~). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder wi1l 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 Chances The interest rate I am Ctl<JUired to pay at the first Change Datewill not be greater than ---------------13. OOOO~ or less than ---------------3.0000 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than ,wo percentage points (2.0~) from the rate of interest I have been paying for the-preceding 12 months. My interest rate will never be greaterthao ~--------------13. 0000%. (El Errecti ye Date of Chaoges My new interest rate wlll become effective on each Change Date. [ 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 monthly payment changes again. (F) NOliee of Changca The Note Holder will deliver or mail to me a notice of the change in my initial tixed interest rate to ao adjustable interest rate and of any cbanges in my adjustable interest rate befot'C the effective date of any change. The notice will include the amount of my monthly payment, any information required by law 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 i'RIlPA Y I have the right to make payments of principal at any time before they arc 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 without paying any prepayment charge. The Note Holder will use all of my prepayn'\CRts to r:ectuce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be nO changes JD 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 foHowing my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 6. LOAN CHAJtGES 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 colleded or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan char~ shall be reduced by the amount necessary to reduc:e the charge to the permitted limit; and Hi) any sums already collected from me tha~ ex~ permitted limits will be t'Cfunded to me. The Note Holder may choose to make this refund by reducing the pnnClpal 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. q-843 l...Oel ll.c:22C1D..... I'" .00 "'" "":.'4 ''IN'm~5194 'nl'l.'ct1l:P-- " i ~". - - ~ -~ ,'" .' 7.'BORR~WER'S FAILURBTOPAY .ttEQUIRED · (A) Late Cbargc.t for 01'crdue Payments It the Note Holdet has not received the full amount of aoy monthly paymeht by the end of FIFTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be ------4----.----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) Delault If I do not pay the full amount of each monthly payment on the date it is due, I wilt be in default. (C) Notice 01 Delault Ift am in default, the Nott Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Hoider may require me to pay immediately the 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 [ am in default, the Note Holder docs not require me to pay immediately in full as described above, the Note Holder will still have the right to do so it [ am in default at a later time. (E) Payment of Noto Holder's Costs and Expenses If the Note Holder bas 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 reqiJires 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 fltSt 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 1'6Quires 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..ddrcss if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE rr more than one person algns this Note, each person is fully and personally obHgatcd to keep all of the promises made in this Note, including me promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also olJ1ipted to do these things. Any person wbo takes over these obligations, including the obligations oC a guarantor, surcrty or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or agaiOSl: all of US together. This means that any o11e of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has 1lbliptions under this Note waive the ri&hts of presentment and notice of dishonor. "Presentment" meens the right to require the Note Holder to demand payment at amounts 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 OT Security Deed (the "Security Instrument"), dated tbe same date as this Note, protects the Note Holder from possible losses that might resuJt if I do not keep the promises which I make in this: Note. That Security lDstrumcot describes how and UDder what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: _-843 1..01,) XC:2220DMC IMI .00 I'IM ".,.:I.f. ",mi&i(,.. l...ti.l~ . " " '":-'-, "1 ',__- .'>',." " " , ~" , ~~-~. ~- . (A) U~IL MY INITIAL PIXED IN. EST RATE CHANGES TO AN ADJUSTABLE IN.tEST RATE ,UNDER THE TERMS STATED IN SECTION 4 ABOVE. UNIFORM COVENANT 17 OP THE SECURITY INSTRUMENTlS 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 it is sold or transferred (or if 8 beneficial interest in Borrower is sold or t~nsferred. 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 Clxercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lend<< elercises this option, Lender shall give Borrower notice of acceleration. The notice shall ~rovide 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. (B) WHEN MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADIUSTABLEINTEREST 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 POLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If all 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 tnnSfcrred and Borrower is Dot a natural person) without Lender's prior written consent, Lender may, at its option, ~ire immediate payment in fuU 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 ot this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender inlormation required by Lender to evaluate the intended transferee as if a new loaD were being made to the transferee; aod (b) Lender reasonably determines that Lender's security will not be impaired by the loan LlSSUmption and that the risk of a breach of any covenant or agreement 10 this Security Instfumentisacccptable to Lender. To the extCQt permitted by applicable law, Lender may charge a reasonable fee as a condition to Lcn~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 transferee 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 Lendc:r exercises the option to require immediate payment in lull. 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 this Security Instrument without further notice or demand on Borrower. (Seal) (Seal) -Borrower -Borrower ~'J' (Seal) (Seal) -Borrower -Born>wer (Sign Orlg,,,.1 O"'rJ q-843 '-'011 ,1(C:lZllOD,t,AlI ,/IQ .00 11I-. W/1liOUT RE E ~~ olAmfta . )tI~ _ . ....."' 35U 5194 GaIlE' h....'. , " "<:;n.l. ._ .'~r" f . <"".__~.--jf,n.,.;_,o,_'"" '. " " ,~."- -"'.-,'. "'. .<. ~, '" ',"', ,- ,". .., '- ,., .~~,,..,, , . ~ EXHIBIT "B" ;:0, . j'-) -=, 3D / R,CORO ANO R~TURN TO, ~J t, ,PNC'MORTGAGE CORP. OF AMERICA 2000 OXFORD DRIvE 3RO FLOOR BETHEL PARK. PA 15102 . . ; !:: .:~: ~ 1_:':; . . : ',l ':~ ~~ :..')5 ., '..:CL:~i r 1- i'to ......,.... . U I Iv ,/ '96 OE;)l PI'I Z 09 \c:::y~'~ Q) :Ctl'l'm~ L Parcel Number: . [Sp.~ Abo"c Thil Line For Recording Dacal PREPARED BY' lOR! TOTH BETHEL PARK, PA 15102 MORTGAGE LENDER'S I 09-24-12271 THIS MORTGAGE ("Security Instrument") is given on RONALO 0 BLYSTONE DECEMBER 5 . 1996 . The mottgagor is ("Borrower"), This Security Instrument is given toPNC MORTGAGE CORP. OF AMERICA which is organized and e;:isting under the taws of THE STATE OF OHIO . and whose address is 75 NORTH FAIRWAY DRIVE. VERNON HILLS. ILLINOIS 60061 ("Lender"). Borrower owes Lender the principal sum of EIGHTY-EIGHT THOUSAND OOLLARS AND ZERO CENTS-----------"---------------------------------------______________ ----------------------~-------------------------------------------------------------------------------------- Dollars (U.S. $88.000.00-------------). This debt is evidenced by Borrower's note dated the same date as this Securi ty 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 interetlt, advanced under paragraph 7 to protect the security of this ~rity Instrument; and (e) 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: which has the address 01 143B BRIDGE STREET. Pennsylvania 17070-1117 [Zip Code) PENNSYlVAMA-Single Fnily- fMlW'RIMC UNRJRM INS1RUIIIENr F.rm 3831 9/90 c:IiL-BRlPA) f~10' ~/91 h... , ..tV:' ~P~~\ ~'ir~i iJW'=~~~ NEW CUNBERLANO ("Property Address"): [Street. City). Boax1355 rAGE1057 1~lill~"lllil!I~IIII~~ :, "."'"," ... _ ,1_ ~ , , . TOGETHER WITH all the impro~ts now or hereafter erected on the property. an...... easemll:nts, appurienances, and fixtures now or hereattetW'rt of the property. All replacements and additions sha~ be covered b)' this Securi ty Instrument. All of the foregoing is referred to in this Securi ly 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 encum brances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as fonows: I. Payment of Principal and Interest; Prepayment and Late: Chuges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds ror Taxes and Insurance. SUbjecl to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are doe under the Note, until the Note is paid in full, a sum ("Punds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments Of gr.Quod ~ts on the Property, if an!: (c) yearly ha~ard o~ property insurance premiums: (d) yearly flood insurance premiums, If any; (e) yearly mortgage lOsurance premIums, If any; and (f) any sums payable by Borrower to Lerlder, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These ,~ems are called "Escrow Items." Lender may, at any time, collect and hol~ Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act ot 1974 as amended from time to time, 12 U.S.C. Section 2601 et sect- ("RESPA "), 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: Jesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, Or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account. or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make: such a charge. However, Lender may require Borrower to pay a one,ime charge for an independent real c:s~te tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on. the Funds. Borrower and Lender may agree in writing. however, that interest shan be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting or the Funds, showing credits and debits t() the Funds and the purpose for which each debit to the Funds was made. lhe Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the ex;cess Funds in accordance with the requirements of applicable law. U the amount of the Funds held by Lender at aoy time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, 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 Lender's sole discretion. Upon payment: in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Propeny, Lender, prior to the acquisition or sale of the Property, shall apply aoy Funds held by Lender at the time 01 acquisition or sale as a credit against the sums secured by this Security Instrument. 3. ApplicatioJ'lOf Payments. UnlCSJ applicable law provides otherwise, all payments received by Lender under paragraphs I 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, to any late charges due under the Note. 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 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 sball promptly furnish to Lender all notices of amounts to be: paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts e\'idencing the payments. . Borrower shaH promptly discharge any lien which has priority over this Security Instrument unless Borrower:: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (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 pre~ent. the enf~rcemen~ of the !ien; or (c) secures from the hol~ of the lien an agreement satisfactory to Lend:r 5ubo.rdmatlng th~ hen. to .thlS Secun.ty Instr~ment.1f Lender determines t~t any part of the Property is subject to a hen which may aU&1O prlonty over thIS Secunty Instrument, Lender may gtve Borrower a notice identifying me lien: Borrower shall satisfy the lien Dr take one or more of the actioDS set forth above within 10 days of the giving of notJce. llClIlO10AAlCPA).oe:J/U 80011355 PAGE1058 Far"3~'SD InI1i.l~ <1\ -BRlpA) CI.IOI '"-,.z.,. , , c';, ['I' ,..,r. ,~'" ,.~" ,0..'_,,0, ,", - . 5. Hua't'd or Property Insurance. B.cr shall keep the improvements nOW existing or her~erected on the FrDperty insured against IO$S by fire, ha included within the term "enended coverage" and an~er hazards, ,including floods or flooding, fot which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shalt 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 Lendcr'$ option, obtain coverage to protect Lender's rights in tbe Property in accordance with. paragraph 7. All insurance policies and renewals shall be acceptable to Lender 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 all receipts of paid pren'J,iums and renewal notices. In tbe event of loss, Borrower sbalt give prompt notice to the insurance carrier and Lender. Lcmder may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing. insurance proceeds shall be applied to restoration or repair of the Property damaged, jf 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 shalJ be applied 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 from Lender that the insurance carrier has offered 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 Sl,lms secured 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 payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy. Preservation. Maintenance and Protection of tbe Property; Borrower's Loan Application; Leaseholds. Borrower shall o<;CUpy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances elist which arc beyond Borrower's control. Borrower shall not destroy. damage or in'J,pair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if ,my forfeiture action or proceeding. whether civil or criminal. is begun that in Lender's good faith judgment could result in forfeiture of the Ptopeny or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. 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 forfeit'UI'C 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 default if Borrower, during the loan application process. g.ve materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loaD evidenced by the Note, including, but not limited to, representations conc:eming Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender" $ RiChts in the Property. If Borrower fails to perform the covenants and agreementS contained in this Security Inswment, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a procecdirlg 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 rights in the Property. Lender's 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 paragraph 7, Lender does not have 10 do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree 10 other terms 01 payment. these amounts shall bear intercsl from the date of disbursement at the Note rate and shall be payable, with interest, Opon notice from Lender to Borrower requesting payment. . 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, B,orrower shalJ pay the Pf7miums required to maintain the mortgage insurance in effect. If, for any reaso~. the mo~gage Ins~nce coverage reqUt~ by I.:ender lapses or ceases ~ be in effect,. Borrower shall pay the prcmJums requlfcd to obtalO coverage substantlaUy eqUIvalent to the mortgage IOsurance preVIOusly in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equiValent mortgage insurance coverage is not available Borrower shall pay to Lender each month a sum equal to Qoc-tweUth of the yearly roortga,e insurance premium being paid by Borrower when the insurance coverage lapsed or ceased 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, BooK135S'AGE1059 FlM'm 3iU? 9/90 .lliti.I~~ "c1.a7ll......0:"'A).a8.1115 _-BRlP.A)t,..,al "..3.'11 , " ,-" ,,~, : i "~,~. ." I_~ ,-, at' the optiO~' of Lender. it mortgage insu. coverag-e {in the amount and for the period that fA. requires} . pro....ided by an insurer approved by Lender -1 becomes available and is obtained. Borrower shall pa~ premiums . required to maintain mongage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement betll/ceo Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Propert)'. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking-of any part ot 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 the Property, the proceeds shall be applied to the s!Jms secured by this Security Instrument, whether or not then due:, with any e:x.cess paid to Borrower. In the event of a partial taking of the Property in which the fair market ve.1ue of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless 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 market value of the Property 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 otberwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. l! 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 given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Un.less. Lender and Borrower otherwise agree in writing, any application of proceeds to principal snaU not extend Gr postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Noe Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the: sums secured by this Security Instrument granted by Lender to any successor in interest 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 forbe8rance by Lender in exercising Bny right or remedy shaH not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns BouDd; Joint and Several Liability; Co-sipers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants Bnd agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co'"'8igning this Security Instrument only to mortgage, grant and convey t1\&t Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower mlliY agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security 1nstrument or the Note vtithout that Borrower's coosent. 13. Loan Charges. It the loan secured by this Security Instrument is subject to a law which sets muimum loan charges, and that law is finally interpreted so that the interest or other loan charges col1ccted or to be conected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shaH be rcrJuccd by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment ~o Borrower. It 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 (nailing it by first class mail unless applicable Jaw requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by tirst class mail to Lender's address stated herein or any other address Lender designates by notice to Borrow<<. Any ilotice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given is provided in this paragraph. . 1.5. Governing La,,; Severability. This Security Instrument shall be governed. by federal law and the law of the jurisdiction in which tbe PropertY is located. In the event that any provision or clause of this Security Instrument or the ~ote conflicts with .ppli~ble law, such QOQnict shaU not affect other provisions of this Security Instrument or the Note which can be given effect without the connicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 80011355 PACE1060 ~') Form 3 3: 9D Inl1l.ls: OlCllll)70J\AOIP.Il).oe:uos lSIiL -SR(PAJ {..10J P.....,8 , '- y~, "' ~o, .~--, _, ,__ ~.'O ,"'" ~" . 16. Bor~owet's Copy. Borrower Shall.enone conformed copy of the Note and of this Securit-'Imcnt. 1:7. Transfer of tbe Propert.y or a 8 ciallntcrcst in Borrower. If all or any part of the -';ty 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 prohi bited 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 provide a period of not less than '30 days from the date the notice is delivered or mailed within which Borrower must pay all sumssecurcd by this Security Instrument. U Borrower fails to pay these sum.s prior to the elpit'ation of this period, Lender may invoke any remedies perO'litted by this Security 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 ti.me 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 arc 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 Instrument shall continue unchanged. Upon reinstatement by Borrower, this Securi ty instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; ChanJe of Loan Serviccr. 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 a 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 Of 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 by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disp)S8I, storage, or release of -any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that i~ 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 Ha1.ardous Substances that are gcneraUy recognized to be appropriate to norroal residential uses and to maintenance of the Property. Borrower shall prom.ptly 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 any Hazardous Substance or Environmental Lai'l 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, BorrowClr shan promptly take all necessary remedial actions in accordance with Environmental Law. As used in thi~ paragraph 20, "Hazardous Substances" are those substances defined as tolic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides arid herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in thi.s paragraph 20. .Environmental Law" m,eans lederallaws and laws of 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 notice to Borrower prior to acceleration followinJ Borrower's brcach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph .7 unless applicable law provides otherwise). Lender shall notify Borrower of. amoag other things: (a> the default; (b) the actionnquired to cure the ddau1t: (c) whcn tbe default must be cured; aod (d) that failure to cute tbc default as sJ)"ified may result in acceleration of the sums secured by this Security Instrumcnt, foreclosure by judicial proceeding and sale of the Property. Leader shall further inform Borrower of the tight to reinstate after acceleration and tbe right to assert in the foreclosure proceedinl the non~xistencc of 1lI default or any other defense of Borrower to acceleration and foreclosure. If the default is oot cured as specified, Lender, at its option. may require immediate payment in full of aU sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial procceding. Lender sball be entitled to collect all expenses incurred in punuing the remedies 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 Instrument and thcestatc convcyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. Bood355 PAdOG! F.nn3~gD I"ltl.lll:~ ..t:'.1;I7D"AI!IP"I.08311!1 lCL-SRIPAI UI"lGI .....'5.f' . '- {;;, _ ~1" . '~',. .-" ,,, . c'" ;".' ,. , 23. Waivers. Borrower, to the exten~itted by applicable law, waives and releases any cr. defects in proc:codings to enforce this Security Instru~ and bereby waives the benefit of any present or rUtur s providing . for stay of execution. extension of time, exemption from attachment,levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's saJe or other sale pursuant to this Security instrument. 25. Purchase MODey Mongage. If any of the debt secured by this Security Instrument is lent to Borrower to acqui.re title to the Property, this S~rity Instrument shall be a purchase money mortgage. 26. Interest Rato 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. Ir ono 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 die covenants and agreements of this Security Instrument as if the rideres) were a part of this Security Instrument. (Check applicable box{es)] ~ Adjustable Rate Rider ~ Condominium Rider B 1-4 Family Rider Graduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider Balloon Rider Rate Improvement Rider Second Home Rider V,A, Rider Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security ~~~~e~t and in an{y ri4-r(s) 7x~ted by Borrower and tee ~ with it. I! / J-- 1- i Q.,.. "-2i. ~n (Seal) / f-t. L--- \ ON LO 0 BLYSTONE .' -Bo",w", ./ (Seal) -Bl)rrower (Seal) (Seal) .Borruw~r -Borrowor Certificat4;. of Reside~qe C' I' I. .;)U5Cttl H. 6r1 ta ( r address of the witbin-named Mortgagee is 2000 OXFORD DRIVE. , do bereby certify that the correct 3RO FLOOR. BETNEL PARK. PA 15\02 Witness my hand lhis 5H" dayof Dele,,,_ i.u.'l.. . Ictlj!C , COMMONWEALTHOPPE"'NSYLVANIA, Cu..m~/"A'" On this. the fJI-I1 day of .i;)Rc.eM-..~r .Ir,t1~ officer,personaUyappeared RO{)v-ld il, i3i'iSh"KJ ( IlL- AgoG\ or MorlilopCI County ss: . before me, the undersigned IIC1"7DAN'~N.O.J/" ~-SAlPAJI"'OI .....e.'. 8Qod355 PAGE1062 , '- I...~ -~_, . ~""o' .'o~"", .", q... <. _ "__ ~~" ""'~'-, . . First American Title Insurance Company Commllmenl No. 590829 SCHEDULE C AU. THAT CERTAIIl lot ot. P'lrcel ot land aituate in the Boro"'lh . of He" Cwaberland, County of Cumberland and State of ..M.yl..w, .. .bown on the 'lan of Lots known .. Plan of -Hl11.14s-, a. recorded in the Ottice tor the recordlnq ot Deeds 1n and tor Cumberland County, 'enn.ylvenia, in PI'" Book 1, 'a98 75. and ~r. particularly . bounded and d..crl~ .a follows to vitI BEGINNING at th. soutwest corner of 8r1498 and rltteenth Str~t, thence .outhwardly alonq the we.tern line ot Bridqe Street tventyL five (25) feet more or less to the nor then line of property No. 1436 Bridge Street, thence vestwardly along the northern lIne of prope~ty No. 1436 Bridg_ Str_et and through the center ot a partition vall dividinq property NO. 1436 Bridge Street and property herein conveyed one hundred tlft1 (150) feet to the eastern I1ne of . aixteen (1'1 f.et wide unnamed sere.t: thence northwardly alon9 the ...tern line of .aid .ixteen (161 teet wide Street twenty-five (251 teet ..re or 1... to the souther" line of Fifteenth street, thence 1n .n....twardly dIrectIon alonq the southern lIne at Fllteenth Street one hundred fitty (1501 teet to the we.tern line of Bridq8 Street, the place ot BEGINNING. DEING the north.en half of Lot No.1. section .c- on ..id 'lan of -Hillside-. RAVING thereon erected a .tane. :z 1/2 story. .....l-d.tach.d hou.e known .nd numbered ._ 1438 Bridge Street. New cuabe~l.~, Penn.y1vania. . , ". .' ~""''- ., .7...~ c q- " ." '. "~". "" . . FIXED/ ADJUST ABLE RATE RIDER (1 Year Treasury Index - Rate Caps) LENDER'S I: 09-24-12271 THlSFlXEDlADlusTABLERATERIDERismadethis 5TH dayof OECE.9ER . 1996 . and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrumenl") of the same date given by the undersigned (tbe "Borrower") tosecute Borrower's Pixed/Adjustable Rate Note (the "Noto") to PNC MOR1GAGE CORP. OF AMERICA, AM OHIO CORPORATION (the "Leflder") of the same date and covering the property described in the Security Instrument and located at: 143B BRIDGE STREET, NEN CUMBERLAND, PENNSYLVANIA 17070-1117 [Property Addr..] TIlE NOTE PROVIOES FOR A CHANGE IN THE BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT TIlE BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDmONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrum~nt, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PA YMENT CHANGES The Note provides for an initial fired interest rate of 4..U__U__________S. 0000 %. The Note also provides for a change in the initial !ix~ rate to an adjusu.ble intcrat rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) ChanKe Datea The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of DECEM8ER ,2003 , and the adjustable interest rate 1 will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to !!in adjustable interest rate, and each date on which my adjustable interest rato could chango, iscaJ1ed a "Change Date." (B) The Inde. Beginning with the lirstCbange Date, my adjustable interest rate will be based on an Index. The "Index" is the weeklY avera8.-e yield on United States Treasury securities adjusted to a constant maturity 011 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 4S days before each Cba.1l" Dateis called the "Current Index." rr the Index is no longer available, the Note Holder will choose a new indox that is based upon comparable information. The Note Holder will give me notic:oof tbis choice. IC) Careulatioa or GhanI"' Belore each Change Date, the Note Holder will calculate my new interest rate by adding ______________ TWO AND THREE FOURTHS-----------------------_. percentase point(s) ( ---------------2,7500 %) to the Current IndeL The Note Holder will then round the result of this addition to the' nearest one-eighth of one percenta,e 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. Mll.TISTAl'l AXEDlAO.IISTASU RAlE lllEl-1 YEAR 11IEASURY IM:lEX -Single Femily~ Fwli. .... Unlf.... Instr...... f..... 1'.2 5194 _-8438 IINOOI VMI" MORfGAGIi FORMS. ~' JIlC:lI:lODAAACMl.DO..... ...,.1,':1 Inltl~ 1"~IIII~~I"""II!1 Bood355PACEI064 , " ."'~,~ , " "_~"~,,, -- c<~<~" n--:,,_('--,.~ '" _~, _ ~__. . . The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that lam expected to owe at the Change Date in full on the Maturity Dateat my now interest rate in substantially equal payments. The result of this calculation will be the new amount of my mO(lthly payment. . (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than ----.----13.0000% or less than ~----------------3. 0000%. Thereaher, 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 bCcn paying for the preceding twelve months. My interest rate will never be greater than ----------------13.0000 'lb. IE) Effcctive Date of Chanc.. My new interest rate will become effective on each Change Date. I will 21-1 the amount of my new mOrlthly payment beginning ~n the first monthly payment date after tho Change Date until the amount of my motlthlr~Ymcnt changes agam. (F Notice of ChaDCO" The Note Holder will deliver or mail to me a notice of the change: in my initial fixed interest rate to an adjustable intcrestratc and of any changes in my adjustable interest rate before the effcctive date of any change. The notice wi11 include the amount of my monthly payment, any information required by law to be given me and .Iso the telephone Dumber of a person who wiIl answer any question I may have regarding the notice. B. tRANSFER OF THE PROPERTY ORA BENEFICIAL INTEREST IN BORROWER I.. UNTIL B01IlROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE IN EFFECT AS FOl.l.OWS: Transfer of the Property or a BeQefici~l [nt~rest in Borrower. If all 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 pr!or written consent, Lender may, at its option. require immediate payment in full of aU sums secured by this Security Instrument. However, this option shall not be eIen:;iscd by Lender if exercise is prohibited by federal law asot tbe date of this Security Instrument. If Lender exercises this option, Lender shaH give Borrower notice of acceleration. The notice shall provide a pctiod or 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. U Borrower fails to .pay these sums prior to the expiration ot this period, Lender may invoke any remedies permitted by this Sccunty Inmrumcot witboutfurther notice or demBnd on Borrower. 2. WHEN BORROWER'S INmAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION BI ABOVE SHALL THEN CEASE TO BE IN EFFECT. AND THE PROVISIONS OF UNIFORll4 COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE AMENDED TO READ AS POLLOWS: Transfer 01 the Property or a Beneficial Interest in Borrower. U all or aoy part of the Property or any interest in it is sold or transferred (or if a bendicial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's pr!or wrinen 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 elert:ised by Lender if exercise is ~robibited by fcdcrallaw as of the date of this Security Instrument. Lender also ,ball not elercise this option If: (a) Borrower causes to be submined to Lender informatt. . on ~uircd by Lender to evaluate the intenOcd transferee as it a new Joan were being made to tho transferee; and (b) Lender reasonably determines thatLcnder's security will not be impaired by the loan assumption and that the risk of a brCll(:h 01 any covenant or agreement in thisSecurity ln6trumentisacceptable to Lender. To thecxtent permitted by applicable law,"'Lendcr may charge a reasonable tee as a conditlon to Lender's consent to the loan assumption. Lender also may require the tr.nsferec to sign an assumption agrccmentthat is acceptable to Lender and thatobligatcs the transferceto keep aU the promises and agreements made in theNote and in this Security Instrument. Borrower will continue to be obligated under the NOlc and this Security Instrum~tunless Lender releases Borrower in writing. _ -8"3B '''0.1 llC21200Ml IMJ.oo "M "...2.':1 F.'m~. Inlllat booK1355 PAld065 . " "",T" "'-'~ ,-,- ~, . " , ,--, if iI\'!"""" ~~,,-" . . If Lender exercises the option to require immediate 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 flhich Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to tbe 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/Adjustablo aalo Ridor. .rV \', 'V' _ -8431 114011 XI::l12011.U.C IWI.OO .,IN ~- ."", -~ '-,'. ."S " ~ . ~ I! (] ,\/1. :~\(J.J \ Y\L~-c. ALO 0 BLYSTONE (Soal) .Borrower (Soal) -Borrower (Soal) -BonoWtlr (Seal) -Borrower h..3.'3 Fa..... 3182 5/94 Bo0K1355 PAGE1066 " - ~~ . 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 knowledge, 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. GL&~ ADAM: ST~ ASST. VICE PRESIDENT DATE: -~, .- - ~ -~ .'-' ~ - -~ - ~1.-'. -, .~ -, w .,~,~- "'" '" " ~. " ,~-. .- - _,_~J. . W PlI ~". - - ,,_n, ""~-i ~. ''-- -~. ,"-,';Ol- -- ,-_"'..,_"_",__ ",. """'" "_'" ,-'''w",,,,-,, "__ -~ 'iT' (:) ~ Jj "4- r::. ~ tl It. ...t- g ~ h D d (") c> ~ ~ -t g ~ c g i::: .-1 Q, "'Oro f2,i,~ IV 1TlE} ~- ..c ;;I:: W Z::o ry"';" ..t;:: ZC I "- if ~~ -:-00 ~ ~ <:::J ~:2'(~) r ,<0 ..,~ -.-< :-'Ij 3Eo ::n; (+3 .JJ -0 '70 J >c S-;' om ~ :::> ?5 _oJ -< ~ I, ,.~~~_ I. It""" ,_~I!I\tl~~l~~t~"""l"i;--w.il!&:~u~~~_-'m~!f;~JlijlRFiir;liW!~~~:~ "' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE CORP of AMERICA, Plaintiff, NO.: 01-3381-Civi1 vs. RONALD E. BLYSTONE a!kIa RONALD D. BLYSTONE, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY PNC Mortgage Corp. of America, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Ronald E. Blystone a!k/a Ronald D. Blystone located at 1438 Bridge Street, New Cumberland, P A 17070 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD E. BLYSTONE, AfKJA RONALD D. BLYSTONE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN NEW CUMBERLAND BORO, CUMBERLAND COUNTY, PENNSYL VANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1438 BRIDGE STREET, NEW CUMBERLAND, PA 17070. DBV 150, PAGE 441, AND PARCEL #26-23-0541-179. 1. The name and address of the owner or reputed owner: Ronald E. Blystone a!k/a Ronald D. Blystone 1438 Bridge Street New Cumberland, P A 17070 i;~. r. ,1__ ..' "" _, ~_~ J. _ . F ~ j . 2. The name and address of the defendant in the judgment: Ronald E. Blystone a/kIa Ronald D. Blystone 1438 Bridge Street New Cumberland, PA 17070 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC Mortgage Corp. of America [PLAINTIFF] Commerce Bank, N.A. 100 Senate Avenue P.O. Box 8599 Camp Hill, PA 17001 4. The name and address of the last record holder of every mortgage of record: PNC Mortgage Corp. of America [PLAINTIFF] Patrick M. Smith 85 Carol Place New Cumberland, P A 17070 Commerce Bank, N.A. 100 Senate Avenue P.O. Box 8599 Camp Hill, P A 17001 5. The name and address of every other person who has any record lien on the property: Domestic Relations Office P.O. Box 320 Carlisle, P A 17013 P A Dept. Of Revenue Bureau ofIndividual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, P A 17128-0601 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE '._~..,~"~$\, , ~-~, -- " " ~ " ... , . I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. SWORN to and subscribed before me this ~ day of Dum btt , 2001. ~~if-q m%~ [Notarial Seal Rebecca G, Blazina, Notary Public Pittsburgh, AlleQheny County I _~~~.?omrr.lISSI0n Expires June 2, 2003 fiJI,a; 'J:'.': i~ 31lnsylvanla Associatiorl 0;' '::~,',~:,7 ~'T, ,~ ,J, ~ _',~' ~ " "1 By~]H Brian B. Dutton, Esquire Attorney for Plaintiff - STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler f I, ______________________________________________________________________________Ilecordero Deeds in and for said County and State do 'hereby a:rtify that the Sheriff's Deed in which ________________ Washington Mutual HoMe Koans Inc fka PNC Mtg --_________________________.________________________________________________________ 5 the gr.ontce the same having bCC11l sold to said gr.ontee on the ___~_:~_________________n_____________________ day of ___J1~rs.!L____u_______________________ A. D.,; 02 __n_' under and by virtue of a wriL_____________ Execution . 10th --______________________________________________ISSUed on the -_________________n______n_________ cia f Dec A D 01 C .' yo -------------_____________ .., _____, out of the Court of omman Pleas of saId County as of Civil 01 _____uu_________________ ----.', ____________ _____ _________ _____ __________ _________ Tenn, : 3381 PNC Mtg Corp of AMerica Number ________u____, at the suit of _______________________________________________________________ . Ronald E Blystone aka Ronald D __________u___________________ ____ agamst_ -__ _ - __ _______________ ______ __ ____ ____ __ ___________ is 251 1380 duly recorded in Sheriffs Deed Book No. ____________, Page ____________. IN TESTIMONY WHEREOF, I have hereunto -:tI: set my hand and seal of said office th5 _1.1_______ day --------7t.r-- . T?// h;Z -t.L-~ R;~o;~ ~"QIunIr.- PA __"A11Ill1adirr~'" "---'-~' ~, "-1'1 '-"'f"""')"~ PNC Mortgage Corp of America VS Ronald E. Blystone alkJa Ronald D. Blystone In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3381 Civil Term Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on December 26, 2001 at 5: 15 0' clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Ronald E. Blystone alkJa Ronald D. Blystone, by making known unto Ronald Blystone, at 1438 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on January 07, 2002 at 1:24 o'clock P.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ronald E. Blystone alkJa Ronald D. Blystone located at 1438 Bridge Street, New Cumberland, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Ronald E. Blystone alkJa Ronald D. Blystone., by regular mail to his last known address of 1438 Bridge Street, New Cumberland, P A 17070. This letter was mailed under the date of January 23,2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of$1.00 to Attorney Kristine Faust for Washington Mutual Home Loans, Inc., fi'k!a PNC Mortgage attorney in fact for PNC Bank, N.A.. It being the highest bid and best price received for the same, Washington Mutual Home Loans, Inc., fi'k!a PNC Mortgage attorney in fact for PNC Bank, N.A of9451 Corbin Avenue, Northridge, CA 91324, being the buyer in this execution paid SheriffR. Thomas Kline the sum of$1,128.22, it being costs. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Acknowledging Deed Auctioneer Law Library Prothonotary $30.00 100.00 15.00 15.00 30.00 10.00 .50 1.00 - ," ,~~-1' . Mileage Certified Mail Levy Surcharge Legal Search Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 22.10 1.12 15.00 20.00 200.00 311.90 279.90 24.20 25.00 27.50 $1128.22 Sworn and subscribed to before me ~V /~ .tk- r ~-;-y<.r-~~ This If - day of ()fM R. Thomas Kline, SHeriff 2002, A.D. Cf:t:.L!2~, # BN~ cLc{JwLc~ rothonotary Real Estate Deputy "F"=""-1"""'-"'~__~",,_ ',' 1 ,-~~ .~ ~~ ~()JJt) ~ v J.6U ~ 3(,.303 t...-. /..2 '1.).2'1 -', r ~ ~""~ -,,~ SCHEDULE OF DISTRIBUTION SALE NO. 36 Date Filed: April 5, 2002 Writ No. 2001-3381 Civil Term PNC Mortgage Corp of America VS Ronald E. Blystone a/kJa Ronald D. Blystone 1438 Bridge Street New Cumberland, P A 17070 Sale Date: Buyer: March 6, 2002 Washington Mutual Home Loans, Inc., f1k/a PNC Mortgage attorney in fact for PNC Bank, N.A. $5,000.00 Bid Price: Real Debt: Interest: Writ Costs: $97,310.71 4,713.28 110.54 Total $102,134.53 DISTRIBUTION Amount Collected: Sheriff's Costs: Legal Search $1,128.22 928.22 200.00 so~: ~ '1"~~~ R. Thomas Kline Sheriff "-'_t"""'___' ~i:I!Il_!l., '^I~ _ ~ , " TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 36 Held Wednesday, March 6, 2002 Date: March 6,2002 TAXES: Receipts for all taxes for the years 1999 to 2001 inclusive. Taxes for the current year 2002. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2002, and recorded , 2002, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Patrick M. Smith and Rita Marie Smith, his wife, by deed dated December 5, 1996 and recorded December 11, 1996 in the Office of the Recorder of Deedsin and for Cumberland County at Carlisle Pennsylvania in Deed Book 150, Page 441 granted and conveyed to Ronald E. Blystone, single person. OTHER EXCEPTIONS: I. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Bridge Street, 15th Street and a 16 feet wide unnamed street. 6. Conditions, easements and restrictions shown on or set forth on the Plan of Lots known as Plan of Hillside recorded in Cumberland County Plan Book 1, Page 75. 7. Mortgage in the amount of $88,000.00 given by Ronald E. Blystone to PNC Mortgage Corporation of America dated December 5, 1996 recorded December 11, 1996 in Mortgage Book 1355 Page 1057. ~,Q. ~, ,~ --~ ~ Complaint filed by PNC Mortgage Corporation of America as Plaintiff against Ronald E. Blystone, also known as Ronald D. Blystone as Defendant on June 1,2001 in the Offtce of the Prothonotary of Cumberland County to fIle number 2001-3381. Default judgment entered July 20, 2001 in the amount of $97,310 .71. 8. Mortgage in the amount of $14,000.00 given by Ronald E. Blystone to Patrick M. Smith dated December 6,1996 and recorded December 16, 1996 in Mortgage Book 1356, Page 519. 9. Mortgage in the amount of $45,000.00 given by Ronald E. Blystone to Commerce Bank, dated February 23, 1998 recorded March 4, 1998 in Mortgage Book 1435, Page 671. 10. Judgment in the amount of $811.99 entered by Raymond G. Bohn as Plaintiff against Ronald E. Blystone as Defendant in the Office of the Prothonotary of Cumberland County on June 12,2001 to file number 2001-3623. 11. Federal tax lien in the amount of $29,404.23 entered by the U.S. Treasury Department as Plaintiff against Ronald E. Blystone as Defendant in the Offtce of the Prothonotary of Climber land County on March 12,2002 to file number 2002-1218. 12. Federal tax lien in the amount of $115,714.88 entered by the U.S. treasury Department as Plaintiff against Ronald E. Blystone as Defendant in the Offtce of the Prothonotary of Cumberland County on march 12,2002 to fIle number 2002-1219. 13. Judgment in the amount of $51 ,151.93 entered by Commerce Bank/Harrisburg as Plaintiff against Ronald D. Blystone as Defendant in the Offtce of the Prothonotary of Cumberland County on September 22, 2000 to file number 2000c6464. 14. premises. Private rights in party wall forming apomon of the boundary for the subject 15. Satisfactory evidence to be produced that proper notice was given to the holders of liens and encumbrances intended to be divested by subject Sheriff Sale. 16. Satisfactory evidence to be produced thatthe advertisement ofthe property for sale is satisfactory in spite of the absence of any reference to the improvements on the subject property. 17. Real estate taxes accruing on and after July 1,2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~ R bert G. Frey, Agent Note: This Title Report shaIl not be valid 0 bindin until countersigned by an authorized signato . 'Y~Ao _~. .', <nO '., 1 ~ ~ ';>'~~~ . .- "-.~ CUMBERLAND L1\.W ..JlJuJ:<.NAL REAL ESTATE SALE NO. 36 Writ No. 2001-3381 Civil PNC Mortgage Corp of America vs. Ronald E. Blystone a/k/ a Ronald D. Blystone Atty.: Brian B. Dutton LONG FORM DESCRIPTiON ALL that certain lot or parcel of land situate In the Borough of New Cumberland. County of Cumberland and State of Pennsylvania, as shown on the Plan of Lots known as Plan of "Hillside." as recorded in the Of- fice for the Recording of Deeds in and for Cumberland County. Penn- sylvania, In Plan Book I. Page 75. and more particularly bounded and descr1bed as follows, to wit: BEGINNING at the southwest corner of Bridge and Fifteenth Streets. thence southwardly along the western line of Bridge Street twenty-five (25) feet more or less to the northern line of property No. 1436 Bridge Street: thence west- wardly along the northern line of property No. 1436 Bridge Street and through the center of a partition wall dividing property No. 1436 Bridge Street and property herein conveyed one hundred fifty (l50) feet to the eastern line of a sixteen (16) feet wide unnamed street: thence north- wardly along the eastern line of said sixteen (l6) feet wide street twenty~five (25J feet more or less to the southern. line of Fifteenth Street; thence in an eastwardly direction along the southern !lne of FIfteenth Street one hundred fifty (150) feet to the western line of Bridge Street, the place of beginning. BEING the northern half of Lot No.1. Section "C" on said Plan of "Hillside." BEING the same premises which Patrick M. Smith and Rita Marie .. ----'-,~--:~~-~----. <'1-'" - Smith. by Deed dated December 5. 1996 and recorded in the Office of the Recorder of Deeds of Cumber- land County on December II. 1996. at Deed Book Volume 150. Page 441. granted and conveyed unto Ronald E. Blystone. Parcel No. 26-23-0541-179, " ~. "' .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE CORP of AMERICA, Plaintiff, NO.: 01-3381-Civil vs. RONALD E. BLYSTONE a/k/a RONALD D. BLYSTONE, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY PNC Mortgage Corp. of America, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Ronald E. Blystone a/k/a Ronald D. Blystone located at 1438 Bridge Street, New Cumberland, P A 17070 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD E. BLYSTONE, A/K/A RONALD D. BLYSTONE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN NEW CUMBERLAND BORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1438 BRIDGE STREET, NEW CUMBERLAND, PA 17070. DBV 150, PAGE 441, AND PARCEL #26-23-0541-179. 1. The name and address of the owner or reputed owner: Ronald E. Blystone a/k/a Ronald D. Blystone 1438 Bridge Street New Cumberland, P A 17070 ")!," 1~ -~ '.- -', ." ~~ -,- - ,,~- ,,~ " .- " 2. The name and address ofthe defendant in the judgment: Ronald E. Blystone alkJa Ronald D. Blystone 1438 Bridge Street New Cumberland, P A 17070 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC Mortgage Corp. of America [PLAINTIFF) Commerce Bank, N.A. 100 Senate Avenue P.O. Box 8599 Camp Hill, P A 17001 4. The name and address of the last record holder of every mortgage of record: PNC Mortgage Corp. of America [PLAINTIFF) Patrick M. Smith 85 Carol Place New Cumberland, P A 17070 Commerce Bank, N.A. 100 Senate Avenue P.O. Box 8599 Camp Hill, PA 17001 5. The name and address of every other person who has any record lien on the property: Domestic Relations Office P.O. Box 320 Carlisle, PA 17013 P A Dept. Of Revenue Bureau ofIndividual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE o"'~__ 'r ~ ' 1: '. ,- ':- , "~ " " .' I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. SWORN to and subscribed before me this ~ day of DUO'\1 iJt..t , 2001. /l /.13l' ! ~bttullD' .~ 1M^-- Notary Public { , I Notarial Seat ~ Reb~cca G. Blazina, Notary Public I , Pittsburgh, Allegheny County L!~.0'~9o,nm'ssJon Expires June '2, ?C:~~---i; r,~-.;;,' -:''';, '~3iln.syl'Jania Associalim c;- '", 's :1',Q ~ " " . "' - ,~--" ,"' ,-- ,.' ." '"1' ... By~;?H Brian B. Dutton, Esquire Attorney for Plaintiff , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE CORP of AMERICA, Plaintiff, NO.: 01-3381-Civil vs. RONALD E. BLYSTONE alk!a RONALD D. BLYSTONE, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Ronald E. Blystone, alk!a Ronald D. Blystone 1438 Bridge Street New Cumberland, P A 17070 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, P A 17013 on March 6, 2002, at 10:00 A.M., the following described real estate, of which Ronald E. Blystone, alk!a Ronald D. Blystone is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD E. BLYSTONE, NKJA RONALD D. BLYSTONE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN NEW CUMBERLAND BORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1438 BRIDGE STREET, NEW CUMBERLAND, PA 17070. DBV 150, PAGE 441, AND PARCEL #26-23-0541-179. """ :i,;_, ~_,' " . ,", , 'j-' f" The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of PNC Mortgage Corp. of America, Plaintiff, vs. Ronald E. Blystone, a/k!a Ronald D. Blystone, Defendant, at Execution Number 01-3381-Civil in the amount of$102,023.99. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. ;;-<'; ~ ~ ....... , " ~ - ~ You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (I 0) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: ~/~ Brian B. Dutton, Esquire Attorney for Plaintiff ,[9.-f'"' 1~'~ :. ,~ . . _ ,^ "! w_", '._ ., ,','-.,. ," I' _-1',7)~,..,_, " " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE CORP of AMERICA, CIVIL DIVISION Plaintiff, NO.: 01-3381-Civil vs, RONALD E. BLYSTONE a/kIa RONALD D. BLYSTONE, Defendant. LONG FORM DESCRIPTION ALL that certain lot or parcel of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, as shown on the Plan of Lots known as Plan of "Hillside," as recorded in the Office for the Recording of Deeds in and for Cumberland County, Pennsylvania, in Plan Book I, Page 75, and more particularly bounded and described as follows, to wit: BEGINNING at the southwest comer of Bridge and Fifteenth Streets, thence southwardly along the western line of Bridge Street twenty-five (25) feet more or less to the northern line of property No. 1436 Bridge Street; thence westwardly along the northern line of property No. 1436 Bridge Street and through the center of a partition wall dividing property No. 1436 Bridge Street and property herein conveyed one hundred fifty (150) feet to the eastern line of a sixteen (16) feet wide unnamed street; thence northwardly along the eastern line of said sixteen (16) feet wide street twenty-five (25) feet more or less to the southern line of Fifteenth Street; thence in an eastwardly direction along the southern line of Fifteenth Street one hundred fifty (150) feet to the western line of Bridge Street, the place of beginning. BEING the northern half of Lot No. I, Section "c" on said Plan of "Hillside." BEING the same premises which Patrick M. Smith and Rita Marie Smith, by Deed dated December 5,1996 and recorded in the Office of the Recorder of Deeds of Cumberland County on December II, 1996, at Deed Book Volume 150, Page 441, granted and conveyed unto Ronald E. Blystone. GREN N & BIRSIC, P.C. ~ / Parcel No. 26-23-0541-179 By:W Brian B. Dutton, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 -,--, " -L--_ ,,_ ;,. ~ - ", WRlT OFEXEc;UTION an~lbr;ATTACHMENT COMMONWEALTH OF PENNSYLVANIA} COUNTY OF CUMBERLAND) - NO. 01-3381 CIVIL ~ TERM CIVIL ACTION. LAW TO THE SHERIFF OF CUllberland COUNTY: To satisfy the debt, interest and costs due PNr Mortgngp. C:o:r:p. of America PLAINTIFF(S) from Ronalo fC Rlyatnnp Fl/k/Fl Ronald D. Blystone 1438 Bridge Street, New rl1mhPrlFlnn, P". 17070 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell 14iR HringP Strp.p.t. New CUllberland, Pa. 17070 Parcel #26-23-0541-179 Please see attached legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notny the gamishee(s) that: (a) an attachment has been issued; (b) the gamish!lEl(s) is/are enjoil/ed from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof: (3) If property of the defendant(s) notlevieduponansubject to attachment isfoulld in the po$Sessionof anyone other than a named gamishee. you are directed to notify him/herthat he/she has been added as agamishee and is enjoined as above slated. Amount Due $97 ilO.71 (from 7/10/01 to sale) Interest 4.713.28 Atty's Comm Atty Paid % L.L. SO. 50 Due Prothy ~ 1 QO Other Costs 1 l() ~4 PlainW Paid Date: nerPmhPr 10, 2001 Curtis R. Long Prothonotary, Civil Division by 0"1'" Q ~ REOUESTING PARTY: Deputy Name Rri"n R. Dutton Address: 1 Gateway rpntp.r q WP.Rt Pi ttRhl1rgh , Pa. 15222 Attorney for: Plff Telephone: (412) 281.7650 Supreme Court ID No. 81953 ~~,\ ,." . f ? 1] . n. WI.. -'," - '--I . - -_ REAL ESTATE" SALE No. 36 On December 11,2001, the sherifflevied upon the defendant's interest in the real property situated in Borough of New Cumberland, Cumberland County, PA, known and numbered as 1438 Bridge Street, New Cumberland, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 11,2001 By: 9DrlLlJ~ R'ealEstate Deputy \}.,S\{~nd 'q\~~}C\\:'l:) " . ';\~~ \\d 00 \' m \~l ..\\\\\'1\\0 kl.l\nV,) ~~l ;03n\~~O jj\\I'a\\S ~ :r .;WlWI!!Iiffi'.;:lfrr'q:i;_ _ .?7~'h__~~~_lf",o/"~Ii!_J*;.~t;iI'!"1~,*'!'!il~'lilllill~~~lfI'r;lli'l1!'I$"'!<*-"fsqi'-,-"t"o,'~".;H"""~C ,',,,d<'U,;..'-,- , -C"',_''-''''',' ~ it: L J ~r1J ~ ~ ~ ~ I,""~~ ." PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. /. Roger M. Morgenthal, Editor , SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 _ ~~. In(j~ NOTM LOIS E. SNYDER, Notary PubIfc CarlIsle Bolo. C~ County My Cor-...misslon ExpiIllS March 5. 2005 9"""""'. - ..~.~ --, -. 1!IS'l'A'l'E _ NO. 36 Writ No. 2001-3381 Civil PNC Mortgage Corp of America vs. Ronald E. Blystone a/k/a Ronald D. Blystone Atty.: Brian B. Dutton LONG FORM DESCRIPTION ALL that certain lot or parcel of land situate in the Borough of New Cwnberland, County of Cwnberland and State of Pennsylvania, as shown on the Plan of Lots known as Plan of "Hillside," as recorded in the Of- fice for the Recording of Deeds in and for Cwnberland County. Penn- sylvania. in Plan Book I. Page 75, and more particularly bounded and described as follows, to wit: BEGINNING at the southwest corner of Bridge and Fifteenth Streets, thence southwardly along the western line of Bridge Street twenty-five (25) feet more or less to the northern line of property No. 1436 Bridge Street: thence west- wardly along the northern line of properly No. 1436 Bridge Street and through the center of a partition wall dividing properly No. 1436 Bridge Street and property herein conveyed one hundred fIfty (150) feet to the eastern line of a sixteen (16) feet wide unnamed street; thence north- wardly along the eastern line of said sixteen (16) feet wide street twenty-fIVe (25) feet more or less to the southern line of Fifteenth Street: thence in an eastwardly direction along the southern line of Fifteenth Street one hundred Ilfty (150) feet to the western line of Bridge Street. the place of beginning. BEING the norihem half of Lot No. 1. Section "e" on said Plan of "Hillside." BEiNG the same premises which Patrick M. Smith and RIta Marie Smith. by Deed dated December 5. 1996 and recorded in the OIIlce of the Recorder of Deeds of Cumber- land County on December II, 1996, at Deed Book Volume ISO, Page 441, granted and conveyed unto Ronald E, BiystoI)e. " ~~ \,.,-" \',"- --~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS . Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s} of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE#36 S Nola~al Seal Terry L. RuSSfJI, Notery Public Harrisburg. Dauphln County My Commission Expires June 6. 2 . NO I6.RY PUBLIC Mambor, PennsylVania ASSOClBlion ot Notart", My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s} $ Totai $ 278.40 1.50 279.90 Publisher's Receipt for Advertising Cost . . The Patriot News Co., publi~her of The Patriot-News and The Sundav Patriot-News, newspapers of general Circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... '~r""'_n ~=""".,,.,- , . j,' .~~~ i'."". REAl ESTATE SALE No. 36 ~:""OL' -=-C.__ Wrf( riO. 2001..J381 ~." C. -'4 CloST""" "~- .."PNCMort,gagecorp. ~o'~_=_o=_-r-_ of AmerIca .~- .r.__ VB , ': -_~:.::..:::::..Ronald E. Blyslone -, ;c,., ~onafd D. BIYlllone _.~: -... . Ally: Brian S, Dutlon JiESdlJllTfON . ... r _ ~ ~CERTAIN~ --~r parcel ofJandsituare )rUne Bo."(Jugh of New, ClUllberJand, County of "J~m'ibedant11lIld StJ.~ PennsYlvania, as shown ,J;l.rl the Plan of Lots knowll as PJaJJ of ''Hillside'', ,-'~s-_recorded in the Office for the Recording of ", tieeds in illld for Cumberland County, ':-EeiJ.nsylvania, in Plan Book 1,P.age 75,;md more --Particularly bounded and described as follows., If) ~:.Wit:-. - "'BEGJ1\INJNo at the southwest COl'tJer of Bridge :ana~FiftWlt1lSireets~e11ce southwardly along Ji:flie_westemJine of Bridge Street twenty.five (25) ;,.,.ytit'iiioi'e oiless.to me northern line of property '-Wo.-l436 Bridge S~ thence westwardlyatong .~~ortbem line of property No. 1436 Bridge -'-'$'/1$& anij through the center of a partitiOQ wall "dividing property No. 1436 Bridge Street and .jlropertyherein conveyed One hundred 1ifIy (1SO) ~ fee(rQ.tbe ~leml.ine ofasixte(ln (16) .feet wide '~nnamcil. srreet; thence northwardly along the - ~tern-Jine..oi said sixteen (16) feet wide street : tWenty.five (15) feet'more Or Jess .to thesouthern ~-Lil!fkOLFifleealh Stl'eei.~ thence in an eastwardly : ilirectiofi.mong the soulberp Jille of Fifteenth ~ Streer61feJiundrecl fifty (150) feet to the Western ~ lirre_of..Bridge Street, me plac~ of beginning. . ":ffElNC the .oortbetpJmlf of Lot NQ, 1, Section : ..~" on said R;~ of "Hillside", . BEING the, same premises. which Patrick M. Smilh and Rita.Marie Smith, by Deed dated - D<<cmber .5~ 1996 and n;co:rded in che Office of :]ieJreCoroer of Deed~ of Cumberland County on ~Uecember 11, .1996, al Deed Book Volume !50, ~.Page 441, granted.and COJn.'Cyt.'d Wlto Ronald E. ;,,'Blystone. PAA.CELNO.2.!:23-0S41_179. , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION Plaintiff, NO. :01-3381 CIVIL vs RONALD E. BLYSTONE a/k/a RONALD D. BLYSTONE, TYPE OF PLEADING: Pa. R.C.P. RULE 3129.2 (c) (2) LIENHOLDER AFFIDAVIT OF SERVICE Defendant. FILED ON BEHALF OF PLAINTIFF: PNC MORTGAGE CORP. OF AMERICA SHERIFF'S SALE DATE: March 06, 2002 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I. D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 '''1 "-' ,-" -- "_,"'" "","r'o _~, -"'.:'4 _, ,,"~, '. - ' , ",. __ _..~ ~".'_ ..~;,_c- . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION Plaintiff, NO.:01-3381 CIVIL vs RONALD E. BLYSTONE a/k/a RONALD D. BLYSTONE, Defendant. Pa. R.C.P. RULE 3129.2(c) (2) LIENHOLDER AFFrDAVIT OF SERVICE I, Kristine M. Faust, Attorney for Plaintiff, PNC Mortgage Corp. of America, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated December 10, 2001, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 with notices of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. A true and correct copy of said Affidavit Pursuant to Rule 3129.1 is marked Exhibit "A", attached hereto, and made a part hereof. -+'1- , ,~~ ,- >'-' ","" '-j -" - ',' , ~ - .i Ii -(I t! I: ;"1 " , . , ! I I t t' m.. ",- 2. undersigned counsel obtained a u.s. Postal Service Form 3817 Certificate of Mailing for each letter. True and correct copies of the Certificates of Mailing and any letters, if returned as of this date, are marked collectively as Exhibit "B", attached hereto and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. BY: GRENEN & BIRSIC, P.C. ~~~ Kristine M. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before ~ Chi.?7~~9:'~o" . ~/tMQ/ Notary Pub1J.c Notarial S~tary public ~oanfnep'~s~~~eAilegheny ?~U~Wo5 CI~ 0 mIssion Expires June , . My om . p,ssociationolNotanes Member, pennsylVama ,^--~~,~ " ~ C'_ "~_ ~" w, _ '1 M; r, ~ << ''''''d' ""',~" "", " ~. EXHIBIT "A" ^' - . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE CORP of AMERICA, Plaintiff, NO.: 01-3381-Civil vs. RONALD E. BLYSTONE a/k/a RONALD D. BLYSTONE, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYL VANIA SS; COUNTY OF ALLEGHENY PNC Mortgage Corp. of America, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Ronald E. Blystone a/k/a Ronald D. Blystone located at 1438 Bridge Street, New Cumberland, P A 17070 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD E. BLYSTONE, NKJA RONALD D. BLYSTONE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY; ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN NEW CUMBERLAND BORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1438 BRIDGE STREET, NEW CUMBERLAND, PA 17070. DBV ISO, PAGE 441, AND PARCEL #26-23-0541-179. I. The name and address of the owner or reputed owner: Ronald E. Blystone a/k/a Ronald D. Blystone 1438 Bridge Street New Cumberland, P A 17010 "i;m-. ~~"_ ~ " --.-- ',- ,,- -.., ~---- - - , . . 2. The name and address of the defendant in the judgment; Ronald E. Blystone a/k/a Ronald D. Blystone 1438 Bridge Street New Cumberland, P A 17070 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real properly to be sold: PNC Mortgage Corp. of America [pLAINTIFF] Commerce Bank, N.A. 100 Senate Avenue P.O. Box 8599 Camp Hill, P A 1700 I 4. The name and address of the last record holder of every mortgage of record: PNC Mortgage Corp. of America [PLAINTIFF] Patrick M. Smith 85 Carol Place New Cumberland, P A 17070 Commerce Bank, N.A. 100 Senate Avenue P.O. Box 8599 Camp Hill, P A 1700 I 5. The name and address of every other person who has any record lien on the properly: Domestic Relations Office P.O. Box 320 Carlisle, P A 17013 P A Dept. Of Revenue Bureau oflndividual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, P A 17128-060 I 6. The name and address of every other person who has any record interest in the properly and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the properly which may be affected by the sale: NONE ;,-"._.~~ ,~-, . ., ,.-,.'_~_~', .<t , ~ " . . I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. SWORN to and subscribed before me this h-tl day of Dc.~OI1 be-'l ,2001. lQbuuG~ ~t(JJ~~LL Notary Public f 1 Notarial Seal I Rebecca G. Blazina, Notarv Public i l Ftt.sburgh, Allegheny County I _~'.)~~?.:.::.:i~~ssion Expires June ?, 2c-?3 ! t,(.:: . ,:2m;2-1.'i'Jania Associ2t!c.:n G:-" ,. ':' ~'S- !;"h ,- .--,~ . ,', ~'- '-.-' . -. "--1-, G~ BIRSIC, P.C. By:ph13~ Brian B. Dutton, Esquire Attorney for Plaintiff ,,',-,~~,~ .,.",~ . ~=lf.'_'___ ~__ ~ ~,"'- EXHIBIT "B" r" - . '}i,~ <1' ,'.7 \ '1- Received From: .... ........ P.C a_...._. . U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FDA INSURANCE POSTMASTER , ........PA t6222 u4 -.;> 3' f33 LD0cS N'e (J.D. lo--d(slL/. P~\lo/~ , ""1' PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Affix.1ee~~e in s~~mps ....."eter~ge land / ost rurk. ~n uir~ of stmaiter foP urtent e. C; OJ, 1 o c:; i - -'{):t i H0 i ,;i f"\J Received From: \.. 6fenIR . Blrslc, P.Co i3~~~~tm;~r"'~I+~ c;y; (O:fO ( PI tZu0 : I\)vyCGW10e~{~. fA IN7!) ~ . I T, '.--....; LX; lL.: """ PS Form 3817. Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING ~~}rV~~E UF~E~ 1~~~~AON~~ST~~:f~~~i~~NA llONAl MAIL, DOES NOT Received from: .GreI I . BlnIc, P.C. ill !~1i ""~_1 ;,,-1 I I Wi ~_._~~.~_.! * ? ~ ~ ,., ". PS Form 3817. Mar. 1989 J . , '>J! . '1;, '.-"''' '".'..- ~~. \ -,.. Received From: Affix ~.e_bere in s~~mps ti'-eteF-~ge' Ia. nd ost ~rk./ _~uir~ of ~stm@}er fdflqurt.ent ~ - I!" '. e. <::> t I \ 0 C"! " --:,c-.yY i ~~- -~ I ' ii \ , U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Affixtlil!!:.!;Jere'in stamps metjt ~taglil! and ost re1Irk~ ~ui~ of ostm~ter fdljUf.rent ee.;; CO i - ~ o 'I - 00:/ i H"J .1 Cf J rU Received From: 1Il1c..: I 8ir11c. I!C. ppr'~j_'" PI 15212 cv e9" ,.. ." ......'.. ' .',' , "'ll?W >/')) .~' , ~., -~, ," . (! C) C r<i -;"~ -"l ~;,- ,-' Cn C'j r~' r-;: z C--'c /.:., ... U' ;S " ~.-) '- '''0 . ~. ~C) :::f';: -?:.,-,(-, ~? Z-'l" Pc:: ~ Z .., ~ (:J' ~ l1I~.IllIt_ " j,m .~~,~ii"_<,~ ~" ~, ~ ~"~.,""rt!ti!':WfflH'f'Iii~~,,*,~~,",~r!'-'l'~~m;llr'f!__ nJllJl_,,, lt~", .,. _~~~lI~t~ _,,~. R',_ . . PNC Mortgage Corp of America VS Ronald E. Blystone aIkIa Ronald D. Blystone In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3381 Civil Term Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on December 26, 2001 at 5:15 o'clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Ronald E. Blystone aIkIa Ronald D. Blystone, by making known unto Ronald Blystone, at 1438Bridge Street, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on January 07, 2002 at 1:24 o'clock P.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ronald E. Blystone aIkIa Ronald D. Blystone located at 1438 Bridge Street, New Cumberland, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Ronald E. Blystone a/k/a Ronald D. Blystone:, by regular mail to his . last known address of 1438 Bridge Street, New Cumberland, P A 17070. This letter was mailed under the date of January 23,2002 and never returned to the Sheriffs Office. ". Sworn and subscribed to before me This _ day of SoAn~P;/ ~ 1 ~.;)~-'~~~ R. Thomas Kline, Sheriff 2002, A.D. Prothonotary B~SvuiC1 Real Estate Deputy -~~~! .7~, -~ _ "",'" "'_""_',> c_,_~j ,~- - ~i _, f'"",l--'""_,' ",~' '-,r." ~,__ SHERIFF'S RETURN - REGULAR CASE NO: 2001-03381 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC MORTGAGE CORP OF AMERICA VS BLYSTONE RONALD E ET AL RICHARD SMITH , 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 RONALD D. BLYSTONE the DEFENDANT , at 0017:25 HOURS, on the 6th day of June , 2001 at 1438 BRIDGE STREET 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. SheTiff's Costs: Docketing SeTvice Affidavit SUTcharge So Answers: 18.00 10.54 .00 10.00 .00 38.54 ~J~~~ R. om s line . 06/07/2001 GRENEN & BIRSIC D puty Sheriff Sworn and Subscribed to before By: me this .2f'~ day of ~ :HJv1 A.D. Q~ O. /n,;?""~~ rothonotary fil!!l.W . - - - , \'~-- . ,~ '~l '. -~--, ,. ,. ~~~~ "m ~" ,. - ~.. liJJ!lIllJ!ti~~~- _~pi'~-~. _11lr_ '"- ~- --""-'-.. , "-.", ,",.-, ,'"-, -,'-'u""'r.~ -, ,-~~. '..~~= ""u."" ~""~ ~ .. _1~~~~>;"I'~#MI~!if"{fj:)'i!"'!f"-'.:!;;r1:T<!!,t'_W'f,"~!)llt\~il!!!!i1~li!]i;~'fl;f!':'f"N~'"ij~"tWIf!!ffiiJ)i"-:"!%W'd&#'~lil\"!~~~ . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA, Plai ntiff, vs. RONALD E. BLYSTONE NKlA RONALD D. BLYSTONE, Defendant. I hereby certify that the address of the Plaintiff is: 539 South 4th Avenue Louisville, KY 40202 the last known address of Defendant is: 1438 Bridge Street New Cumberland, PA 17070 GRENEN & BIRSIC, P.c. ~o~~ - ." ,-.-'1',1'" -'\,<", } CIVIL DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO.: 01-3381-Civil Term TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) 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. 1 Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 "'" ~ 0= ,~~~~__ ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION PI ai ntiff, NO.: 01-3381-Civil Term vs. RONALD E. BLYSTONE NKlA RONALD D. BLYSTONE, Defendant. PRAECIPE FOR DEFAULT IUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Ronald E. Blystone a/k/a Ronald D. Blystone, in the amount of $97,31 0.71, which is itemized as follows: Principal Interest to 7/10/01 Late Charges to 7/10/01 Escrow Deficiency to 7/10/01 Attorney Fees Title Search, Foreclosure and Execution Costs $ $ $ $ $ $ $ TOTAL 85,044.96 6,971.40 387.48 1,606.87 800.00 2.500.00 97,310.71 with interest on the Principal surn at the rate of $18.66 per diern from July 10, 2001, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the rnortgaged prernises. B])k Brian B. Dutton, Esquire P.A. ID# 81953 BY: i~", . ,.'... ...,- ". ~,-." ,--~ 1 ,- ~ ~ . , - .....~~~-" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA, CIVIL DIVISION Plaintiff, NO.: 01-3381-Civil Term vs. RONALD E. BLYSTONE NKlA RONALD D. BLYSTONE, Defendant. AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT IUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Brian B. Dutton, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy. ~~ Sworn to and subscribed before me thisJ$ayof ~ .0\ ~ ..J , 2001. ~\hC' ~<rb) f)Ch Ol'f.- ~ Nota Public Notarial Seal Patricia A Townsend, Notary Public Pitt<burgh, Allegheny County My Commission Expires June 2, 2003 Member, ennsylvania ASSociation Of Notaries 'i^,,,,",~~~~ ^ .. " - ~''', -: 'T<~..,,....,~~ , _~-I .," . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE CORP. OF AMERICA, ) CIVIL DIVISION ) Plaintiff, ) NO.: 01-3381 - Civil Term ) vs. ) ) RONALD E. BLYSTONE A/K/ A ) RONALD D. BLYSTONE, ) ) Defendant. ) TO: Ronald E. Blystone a/kIa Ronald D. Blystone 1438 Bridge Street New Cumberland, P A 17070 DATE OF NOTICE: June 27,2001 IMPORTANTNOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE .,. COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DA YS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LA WYERAT ONCE. IF YOU DO NOTHA VE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 By: G~;;f;Z~ Brian B. Dutton, Esquire Pa.!.D. # 81953 Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, P A 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID ., I. ,~>, - --~ ., .. '--'-- r ~ -, - >-, 'I tf ~ -iq. C) ...0 ... 0 , - D F Cot c' ....... ....... 2 f! ~ -t ~ >JJ f-..o -: _I; ,..---. . " , . '\, " ;~ >,"""J8!l~"'JJ, (0'" _~,~_~,~ '. ~___~"",:""J~j!!j~l~:;m~~"!i';,(;f":;;;i"";'""j "",,;-,,,~"~,.-; "~" ,";;-;;:;.":['-Fi!R"'r~*fiNr;u.,~~gs;:!t!if:!tIf~~~_;J~f!!'if._l_~ / ! ; / / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE CORP of AMERICA, CIVIL DIVISION Plaintiff, NO.: 01-3381-Civil vs. RONALD E. BLYSTONE aIkIa RONALD D. BLYSTONE, Defendant. LONG FORM DESCRIPTION ALL that certain lot or parcel of land situate in the Borough of New Cwnberland, County of Cwnberland and State of Pennsylvania, as shown on the Plan of Lots known as Plan of "Hillside," as recorded in the Office for the Recording of Deeds in and for Cwnberland County, Pennsylvania, in Plan Book 1, Page 75, and more particularly bounded and described as follows, to wit: BEGINNING at the southwest corner of Bridge and Fifteenth Streets, thence southwardly along the western line of Bridge Street twenty-five (25) feet more or less to the northern line of property No. 1436 Bridge Street; thence westwardly along the northern line of property No. 1436 Bridge Street and through the center of a partition wall dividing property No. 1436 Bridge Street and property herein conveyed one hundred fifty (150) feet to the eastern line of a sixteen (16) feet wide unnamed street; thence northwardly along the eastern line of said sixteen (16) feet wide street twenty-five (25) feet more or less to the southern line of Fifteenth Street; thence in an eastwardly direction along the southern line of Fifteenth Street one hundred fifty (150) feet to the western line of Bridge Street, the place of beginning. . BEING the northern half of Lot No.1, Section "c" on said Plan of "Hillside." BEING the same premises which Patrick M. Smith and Rita Marie Smith, by Deed dated December 5,1996 and recorded in the Office of the Recorder of Deeds ofCwnberland County on December 11, 1996, at Deed Book V olwne 150, Page 441, granted and conveyed unto Ronald E. Blystone. Parcel No. 26-23-0541-179 By~J~ - Brian B. Dutton, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 :~'~. ~,~." -', ~-~.,,,,,,, ,'- '- ~, ,- r ,-, "',; J r ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD E. BLYSTONE, AJKJA RONALD D. BLYSTONE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN NEW CUMBERLAND BORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1438 BRIDGE STREET, NEW CUMBERLAND, PA 17070. DBV 150, PAGE 441, AND PARCEL #26-23-0541-179. . - . - - '. . - - 'd-,-,~~ t' =.,., ," -'." ."" o. _ - \ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC MORTGAGE CORP of AMERICA, Plaintiff, NO.: 01-3381-Civil vs. RONALD E. BLYSTONE a/k1a RONALD D. BLYSTONE, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Ronald E. Blystone, aIkIa Ronald D. Blystone 1438 Bridge Street New Cumberland, P A 17070 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on March 6, 2002, at 10:00 A.M., the following described real estate, of which Ronald E. Blystone, aIkIa Ronald D. Blystone is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD E. BLYSTONE, A/K/A RONALD D. BLYSTONE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN NEW CUMBERLAND BORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1438 BRIDGE STREET, NEW CUMBERLAND, PA 17070. DBV 150, PAGE 441, AND PARCEL #26-23-0541-179. i'qj , _ ,~ _";"",,,;;, '_"'_ ~, 'f"'_ .'1-'- ~ --, , The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of PNC Mortgage Corp. of America, Plaintiff, vs. Ronald E. Blystone, aIkIa Ronald D. Blystone, Defendant, at Execution Number 01-3381-Civil in the amount of $102,023.99. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. t~. _ "" ^ "-~, T'I[ '-" . -~. "~". -" ~- ,'. ",... - You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: ~/~- Brian B. Dutton, Esquire Attorney for Plaintiff '~-"~ ,-"- "~ '" , " " ~-" . \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE CORP of AMERICA, CIVIL DIVISION Plaintiff, NO.: 01-3381-Civil vs. RONALD E. BLYSTONE alk/a RONALD D. BLYSTONE, Defendant. LONG FORM DESCRIPTION ALL that certain lot or parcel of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, as shown on the Plan of Lots known as Plan of "Hillside," as recorded in the Office for the Recording of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 1, Page 75, and more particularly bounded and described as follows, to wit: BEGINNING at the southwest comer of Bridge and Fifteenth Streets, thence southwardly along the western line of Bridge Street twenty-five (25) feet more or less to the northern line of property No. 1436 Bridge Street; thence westwardly along the northern line of property No. 1436 Bridge Street and through the center of a partition wall dividing property No. 1436 Bridge Street and property herein conveyed one hundred fifty (150) feet to the eastern line of a sixteen (16) feet wide unnamed street; thence northwardly along the eastern line of said sixteen (16) feet wide street twenty-five (25) feet more or less to the southern line of Fifteenth Street; thence in an eastwardly direction along the southern line of Fifteenth Street one hundred fifty (150) feet to the western line of Bridge Street, the place of beginning. BEING the northern half of Lot No. 1, Section "c" on said Plan of "Hillside." BEING the same premises which Patrick M. Smith and Rita Marie Smith, by Deed dated December 5,1996 and recorded in the Office of the Recorder of Deeds of Cumberland County on December 11, 1996, at Deed Book Volume 150, Page 441, granted and conveyed unto Ronald E. Blystone. GRE / N & BIRSIC, P.C. ~ Parcel No. 26-23-0541-179 By;~ Brian B. Dutton, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 C-'Wf__!ir! ,--~, ,-'-'-1" . -"--, ~t4ti11&:;!ji'tJ.q;;:1,,~;{<':~h"i:;'@!;l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Confessed Judgment ( ) Other PNC Mortgage Corp. of America File No. 01-3381 Civil vs. AmountOue $97,310.71 Interest $ 4,713.28 (from 7/10/01 to Sale) Atty's Comm Costs Ronald E. Blystone a/k/a Ronald D. Blystone TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND for debt, interest and costs, upon the following described property of the defendant(s) 1438 Bridge Street, New Cumberland, PA 17070 Parcel #26-23-0541-179 County, Please see attached legal description. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date /1-6-0/ Signature: Print Name: Address: ~p~ Brian B. Dutton 1 Gateway Center, 9 West Pittsburgh, PA 15222 Attorney for: Plaintiff Telephone: (412) 281-7650 Supreme Court 10 No.: 81953 (over) ;''It'''''''''.fi , "", 0'0.'.',.' ~- ,- ~ ~, 0 CJ , ~ c '- ~ :'2"" -~ -... (.,., ... ~tB <-~ 'TI ~ ~ ~ -;:; ~ j " 19 ~ ~ d ;0 .~ ~~~:: ~ 8 ' \ '- 0-) ~ (j ...... (....., 0 ~ ~ ~0 1"- n ~ ... ,.. '" ~ ~ ...:. "\. "- ,,~ .v., 0< L-':_ & ~ ,~-' i ":- ~ -< C=:' ~, _m~:!jz~i\{~;~f;31ii~iij:}Jk~1\ lJ!!ilfflgW-~Xl.~"~~ -.". [!I""""""~""RlO;'Ii'J!'~Wllitl'!'\m;i:>1"""""FF:"",,'0i"tP';;''''''r''..;*~'~~0!#'''~~~ i\ ';(~t-'!}.~!':~ ': :1. .~~_' ~ .;" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC MORTGAGE CORP of AMERICA, CIVIL DIVISION Plaintiff, NO.: 01-3381-Civil vs. RONALD E. BLYSTONE a!k/a RONALD D. BLYSTONE, Defendant. LONG FORM DESCRIPTION ALL that certain lot or parcel of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, as shown on the Plan of Lots known as Plan of "Hillside," as recorded in the Office for the Recording of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 1, Page 75, and more particularly bounded and described as follows, to wit: BEGINNING at the southwest comer of Bridge and Fifteenth Streets, thence southwardly along the western line of Bridge Street twenty-five (25) feet more or less to the northern line of property No. 1436 Bridge Street; thence westwardly along the northern line of property No. 1436 Bridge Street and through the center of a partition wall dividing property No. 1436 Bridge Street and property herein conveyed one hundred fifty (150) feet to the eastern line ofa sixteen (16) feet wide unnamed street; thence northwardly along the eastern line of said sixteen (16) feet wide street twenty-five (25) feet more or less to the southern line of Fifteenth Street; thence in an eastwardly direction along the southern line of Fifteenth Street one hundred fifty (150) feet to the western line of Bridge Street, the place of beginning. BEING the northern half of Lot No.1, Section "c" on said Plan of "Hillside." BEING the same premises which Patrick M. Smith and Rita Marie Smith, by Deed dated December 5, 1996 and recorded in the Office of the Recorder of Deeds of Cumberland County on December II, 1996, at Deed Book Volume 150, Page 441, granted and conveyed unto Ronald E. Blystone. Parcel No. 26-23-0541-179 GREN N & BIRSIC, P.C. By; &M ~ Brian B. Dutton, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 , " '~". . -'." ..