HomeMy WebLinkAbout07-2495e -~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
LASALLE BANK NATIONAL ASSOCIATION
("ASSIGNEE"), FORMERLY KNOWN AS
LASALLE NATIONAL BANK, IN ITS
CAPACITY AS INDENTURE TRUSTEE
UNDER THAT CERTAIN SALE AND
SERVICING AGREEMENT DATED MARCH
1, 2000, AMONG AFC TRUST SERIES
2000-1, AS ISSUER, SUPERIOR BANK
FSB,
Plaintiff,
vs.
BRUCE J. SZCZYPTA AND KIM A
SZCZYPTA,
Defendants.
TO DEFENDANTS
CIVIL DIVISION
TYPE OF PLEADING
CIVIL ACTION-COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF
OF PLAINTIFF: LaSalle
Bank, et al.
COUNSEL OF RECORD
FOR THIS PARTY:
You are hereby notified to plead
to the ENCLOSED COMPLAINT WITHIN
TWENTY (20) DAYS
FROM SERVICE HEREOF
lZt_ C ~C~.~~ LL.,t. L_ .~t3-
ATTO EY FOR PLAI TIFF
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
2780 Lake Vista Drive
Lewisville, Texas 75067
AND THE DEFENDANTS IS:
205 Deanhurst Avenue
C Hill, P
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE
LOCATION OF THE REAL ESTATE
AFFECTED BY THIS LIEN IS
Township of East Pennsboro
(C _ Y, BORO,~TO~ TSHIP, WARD)
'~-t2"-~r(~_j
AT EY FOR P NTIF'F
Kristine M. Anthou, Esquire
Pa. I.D. #77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
LASALLE BANK NATIONAL CIVIL DIVISION
ASSOCIATION ("ASSIGNEE"),
FORMERLY KNOWN AS LASALLE
NATIONAL BANK, IN ITS CAPACITY NO.:
AS INDENTURE TRUSTEE UNDER THAT
CERTAIN SALE AND SERVICING
AGREEMENT DATED MARCH 1, 2000,
AMONG AFC TRUST SERIES 2000-1,
AS ISSUER, SUPERIOR BANK FSB,
Plaintiff,
vs.
BRUCE J. SZCZYPTA AND KIM A.
SZCZYPTA,
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim
set forth in the following pages, you must take action within twenty (20)
days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested
by the plaintiff. You may lose money or property or other rights important
to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICES
CIIMBSRLAND COIINTY BAR ASSOCIATION
2 LIBERTY AVENIIE
CARLISLE, PENNSYLVANIA 17013
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
LASALLE BANK NATIONAL
ASSOCIATION ("ASSIGNEE"),
FORMERLY KNOWN AS LASALLE
NATIONAL BANK, IN ITS CAPACITY
AS INDENTURE TRUSTEE UNDER THAT
CERTAIN SALE AND SERVICING
AGREEMENT DATED MARCH 1, 2000,
AMONG AFC TRUST SERIES 2000-1,
AS ISSUER, SUPERIOR BANK FSB,
CIVIL DIVISION
/~ .~--
Plaintiff,
vs.
BRUCE J. SZCZYPTA AND KIM A.
SZCZYPTA,
Defendants.
CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE
LaSalle Bank National Association ("Assignee"), Formerly Known as
LaSalle National Bank, In Its Capacity as Indenture Trustee Under That
Certain Sale and Servicing Agreement Dated March 1, 2000, Among AFC
Trust Series 2000-1, as Issuer, Superior Bank FSB, by its attorneys,
Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as
follows:
1. The Plaintiff is LaSalle Bank National Association
("Assignee"), Formerly Known as LaSalle National Bank, In Its Capacity
as Indenture Trustee Under That Certain Sale and Servicing Agreement
Dated March 1, 2000, Among AFC Trust Series 2000-1, as Issuer,
Superior Bank FSB, which has its principal place of business at 2780
Lake Vista Drive, Lewisville, Texas 75067 and is authorized to do
business in the Commonwealth of Pennsylvania.
2. The Defendants are Bruce J. Szczypta and Kim A. Szczypta
whose last known address is 205 Deanhurst Avenue, Camp Hill, PA 17011.
3. On or about January 31, 2000, Defendants executed an
Adjustable Rate Note (hereinafter "Note") in favor of Equity One,
Incorporated in the original principal amount of $56,000.00. A true and
correct copy of said Note is marked Exhibit "A", attached hereto and made
a part hereof.
4. On or about January 31, 2000, as security for payment of the
aforesaid Note, Defendants made, executed and delivered to Equity One,
Incorporated a Mortgage in the original principal amount of $56,000.00 on
the premises hereinafter described, said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on February 1, 2000
in Mortgage Book Volume 1594, Page 267. 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. Equity One, Incorporated assigned all its right title and
interest in and to aforesaid Mortgage and Note to Alliance Funding
pursuant to the terms of a certain Assignment of Mortgage; said Assignment
being recorded in the Office of the Recorder of Deeds of Cumberland County
on November 26, 2001 in Mortgage Book Volume 682, Page 2838.
6. Alliance Funding assigned the aforesaid Mortgage and Note to
Plaintiff pursuant to the terms of a certain Assignment of Mortgage; said
Assignment being recorded in the Office of the Recorder of Deeds of
Cumberland County on August 28, 2002 in Mortgage Book Volume 689, Page
3813.
7. Defendant, Bruce J. Szczypta, is the record and real owner
of the aforesaid mortgaged premises.
8. Defendant, Bruce J. Szczypta, 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,
Bruce J. Szczypta, is due for the January 1, 2007 payment.
9. On or about February 1, 2007, Defendants were mailed
Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 (Act
91 Notice) by first class mail, postage prepaid and certified mail,
return receipt requested in compliance with the Homeowner's Emergency
Mortgage Assistance Act, Act 91 of 1983, as amended.
10. Plaintiff was not required to send Defendants separate
Notices of Intention to Foreclose Mortgage in compliance with Act 6 of
1974, 41 P.S. '101, et seq., as a result of sending the Act 91 Notice.
11. The amount due and owing Plaintiff by Defendant is as
follows:
Principal $ 53,539.76
Interest to 04/16/07 $ 2,452.98
Late Charges to 04/16/07 $ 466.09
Escrow Deficiency to $ 2,708.41
04/16/07
Corporate Advances $ 265.82
Suspense Balance $ (714.02)
NSF Fees $ 0.00
Attorney's fees $ 1,250.00
Title Search, Foreclosure
and Execution Costs $ 2,500.00
TOTAL $ 63,897.08
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for
the amount due of $63,897.08 with interest thereon at the rate of
$17.79 per diem from April 16, 2007, and additional late charges,
additional reasonable and actually incurred attorney's fees, plus
costs (including increases in escrow deficiency) and for foreclosure
and sale of the mortgaged premises.
GRENEN & BIRSIC, P.C.
~.~
BY : ~C. ~.~.
Kri ine M. Anthou, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281 7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
ADJ[1STABLE RATE NOTE
(LIBOR 6 Month Inert (As Published in The Wall Street Joutaal) -Rate Cape)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY IIIVTEREST RATE AND MY
MONTHLY PAYMENT. THIS NOTE LIMITS TAE AMOUNT MY INTEREST RATE CAN CHANGE AT
ANY ONE TIME, AND THE MAXIMUM RATE I MUST PAY.
JANUARY 31, 2000 MECHANICSBURG, PENNSYLVANIA
1604 HOLTZ ROAD, ENOLA, PENNSYLVANIA 17025
[eropmy Addreul
L BORROWER'S PROMISE TO PAY
In return for a loan that I have received, 1 promise to pay U.S. S 5 6 , 0 0 0.0 0 (this amount is
called "principal"), plus interest, to the order of the lender. The Lender is EQUITY ONE,
INCORPORATED, A PENNSYLVANIA CORPORATION
1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is cailtd the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full atttount of principal has been paid. I will pay interest at a
yearly rate of 11.50 0 %. The interest rate I will pay may change is atxordance with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the raft I will pay both before and after any
default described in Section 7(B) of this Note.
3. PAYMENTS
(A) Tltne and Place of Payttrrnts
i wiU pay Principal and interest by making paymrnts every month.
I will make my monthly payments on the 1st day of each month beginning on MARCH 1, 2 0 0 0
1 will make these paytttertta every month until I have paid all of the principal and inferrer and any other charges described
below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on
FEBRUARY 1, 2 0 3 0 , I still owe amounts under this Note, I will pay those amounts in full on that date,
which is called the "Maturity Date.'
1 will make my monthly paymrnts at 4909 LOUISE DRIVE, SUITE 106,
MECHANICSBURG, PENNSYLVANIA 17055 or at a different place iF required by the Nott Holder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payrrtatts will be in tbe amount of U.S. S 554.56 .This amount
may change.
(C) Monthly Paytnrnt Changeg
Changes in my monthly payment will reflect changes in the unpaid principal of my lout 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 Note.
4. INTEREST RATE AND MONTHLY PAYMENT' CHANGES
(A) Change Dates
The interest rate I will pay may change on llte 1st day of FEBRUARY 1, 2002 ,and on
that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date."
(B) The I»dat
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of inter-
bank offered rates for 6 month U.S. dollar-denominated deposits in the London ("Libor"), as published in The Wall Street
Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month
in which the Change Date occurs is called the "Current Index."
If the Index is no longer available, the Note Holder will choose a stew index thu is based upon comparable information.
The Note Holdtr will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rue by adding SIX AND
THREE /FOURTHS - - - - - percentage point(s) ( 6 . 7 5 0 %) to the Current Index.
The Note Holder will then round the result of this addition to the nearest atto-eighth of one pertntage point (0.125%).
Subject to the limits stated in Section 4(D) below, this rou~etl amount will be my ttew interest rate until the next Change
Date.
The Note Holder will then determine the amount of the monthly payment-that would be sufficirnt 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 wit! be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay et the first Change Dale will not be Breuer than 14.500 % or less
than 10.5 0 0 %. Thtreatter, my interest rate will never be increased or decreased on any single Change Date
by more than ONE - - - - - percentage point(s) ( 1. 0 0 0 %)
from the rate of interest I have been paying for the preceding months. My interest rate will never be Breuer than
17.500 %. My interest rate will never be less than 10.500 %.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. 1 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.
MULTISTATE ADJUSTABLE RATg NOTE-LIItOR 6 MONTH INDEX (AS PUBUSB6D tN THE WALL STREET JOURNAL) -
Single Family-PaWe Mae Uitorm ioatnmKnf Farm 3520 6194
MN125S1.17M 25530.11719 na.~"ra
(F) Notice of Changes
The Note Holder will deliver or mail to the a notice of any changes in my interest rate and the amount of my tmnthly
payment before the effective date of any change. The notice will include information required by law to be given me and
also the telephone number of a person who wil! answer any question 1 may have regarding the aWice.
5. BORROWER'S RIGHT TO PREPAY
I have ffie right to rttake payments of principal at any time before they are due. A paytr-ent of principal only is known
as a "prepayment." When I rrtake a prepaymart, I will tell the Noce Holder in writing that 1 am doing so.
I may tttake a full prepaytrtent or partial ptepayroenta without paying any prepayment charge. 'Rte Note Holder will use
all of my prepayments to reduce the amount of principal that 1 owe under this Note. If [ make a partial prepaytttem, there
will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My
partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial
prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in conttecdon with this loan exceed the permitted iirnita, then: (i) any such
loan charge shall be redttccd by the amount ttecasary to reduce the charge to the permitted limit and (ii) any surm already
collected from me that exceeded pcmtitted limits will be refunded to tne. The Note Holder may choose to tttake this refund
by reducing the principal I owe under this Note or by making a direct payment to rrte. If a refund reduces principal, the
reduction will be treated as a partial prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Chargea+ for Orerdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 10 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The atnouttt of the charge will be 5.0 0 96
of my overdue payment of principal and interest. I will pay this late charge protrpUy but only once on each late paytttent.
(B) Default
if I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Notc Holder may nerd trte a written notice telling the that if I do not pay the overdue amount
by a certain date, tbe Note Holder may require me to pay irtmtediately the full amoutu of principal that has not boon paid
and all the interest that I owe on that amount. 'Brat dare must be at least 30 days after the date on which the notice ie
delivered or trailed to tne.
(D) No Waiver By Note Holder
Ever if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a late time.
(E) Payment of Note Holder's Costs and Experts
If the Note Holder bas required the to pay ittuttediately in full as described above, the Note Holder will have the right
to be paid back by roe for all of its coats and expenses in enforcing this Note to the extent riot prohibited by applicable law.
'Chose expenses include, for example, reasonable attorneys' fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given
by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give
the Note Holder a notice of my different address.
Unless the Note Holder requires a diffetertt method, any notice that must be given to the Note Holder under this Note
will be given by mailing it by first class snail to the Note Holder at the address stated in Section 3(A) above or at a different
address if 1 am given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Nate, each person is fully sad personally obligated to keep a!1 of the promises made
in this Note, including the promise to pay the full amouat owed. Any person who is a guarantor, surety or e~orser of this
Note is also obligated to do these things. Any person who takes over these obligations, including toe obligations of a
guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder
may enforce its rights under this Noe against each person individually or against ail of ua together. This means that say
one of us may be requited to pay all of the amounts owed under this Note.
10. WAIVERS
l and any other person who has obligations under this Note waive the rights of prrxentment and notice of dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means
the right to require the Note Holder to give notice to other persoes that atnourtts dtx have rwt beat paid.
11. 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, Decd of Trust or Security Deed (the "Security Instrument"), dated the same
date as this Note, protects the Note Holder from possible losses which might result if I do not keep the protttises that 1 snake
in this Note. That Security Instrument describes how and under what conditions I may be roquired to tnakc immediate
payment in full of all amounts I owe under this Note. Scare of those conditions are described as follows:
MULTISTATE ADJUSTABl.6 RATB NOT&LIBOR f MOM'II iND1tX US P[JB[ASF~D IN T[IE WALL STRESI' JOURNAL) -
Sinak PamayFamte Mae Udrorm Irtrtanenl Form 3ri10 6N1
HW12U}irA7 Pyerd3
Transfer of the Property or a Bmeficiat Interest in Borrower. If alI 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 transferrod and Borrower is
not a natural person) without Lender's prior written consort, Lender may, at its option, require irruuediate payment
in full of all sutsts secured by this Savrity Instrument. However, this option shall not be exercised by Lender if
exercise is prohibited by federal law as of the date of this Security Inatttttrtent. Lender also Mall mot exercise this
option if: (a) Borrower causes to be submitted to Lemdcr infotaartion required by Lender w evaluate the intended
transferee as if a new loan were being made to the transferee; snd (b) Lender reasonably detetmittes that Lender's
security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement
in this Security Instrument is acceptable to Lender.
To this extent pemtiued by applicable law, Lender may charge a reasonable fce as a condition to Lender's
wnsent to the loan assumption. Lender rrtay also require the transferee to sign an assnntption agreemett that is
acceptable to Lender and that obligates the transferee W keep all the promises and agreements made in the Note
and in this Security Inswmentt unless Lender releases Borrower in writing.
If Lender exercises the option to require irrurediate payment in full, Leader shall give Borrower notice of
acceleration. The notice shall provide a period of toot leas than 30 days from the date the notice is delivered or
mailed within which Borrower must pay aU sums secured by this Security Instrument. [f Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remodies permitted by this Security
Instrument without further notice or demand on Borrower.
WITNESJS THE HAND(S) AND SEAL(S) ~F THE UNDERSIGNED.
''/ ^ / . - (Seal) (~
BRUCE J ZC ' " Borrower K SZCZY Borrower
(sed>
Borrower
(Seat)
Borrower
(~
Borrowm
(~)
Borrower
(Sign Original ONYI
MULTlSTA1E ADJUSTABLE RATE NO'rFr11BOR f MONTH IIYD[T7C (AS PUBLISriBD IN'r7tE R'ALL STI'Rfitctl' ]OURNALI -
Sinale Panay-Fomk Mace Ueirorm Iaallnaoeot Form 3520 619
HM1233b13/91 h{s3d3
EXHIBIT "B"
,~
~~ ROEE~. i ; . , :~~ER
EQUITY ONE, INCORPORATED C1,1~'iERt.Ati~ !;tj'j~i;~-PA
4909 LOUISE DRIVE, SUITE 106 '(~Q ~~8 1 F(~ 4 i5
MECHANICSBURG, PENNSYLVANIA 17055
[Space Above 7bic Line For RecordioF Data)
MORTGAGE
THIS MORTGAGE ("Security Instrument") is givpt on JANUARY 31, 2 0 0 0
The mortgagor is BRUCE J. SZCZYPTA AND KIM A. SZCZYPTA
("Borrower"). This Security instrument is given to EQUITY ONE, INCORPORATED, A
PENNSYLVANIA CORPORATION ~
which is organized and existing under the laws of PENNSYLVANIA ,and whose address is
4909 LOUISE DRIVE, SUITE 106, MECHANICSBURG, PENNSYLVANIA 17055
("Lender") . Borrower owes Lender the principal sum of FIFTY -SIX THOUSAND AND NO / 10 0
Dollars (U.S. $ 56, 000.00 ). This debt is
evidenced by Borrower's note dated the same date as this Security Instrutrtent ("Note"), which. provides for monthly
payments, with the full debt, if not paid earlier, due and payable on FEBRUARY 1, 2 0 3 0
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 earns, with interest, advanced under
pazagraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note. For this Purpose, Borrower does hereby mortgage, grant and convey
to Lender the following described property located in CUMBERLAND County, Pennsylvania:
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A FART HEREOF
which has the address of 1604 HOLTZ ROAD, ENOLA
[Street] (Cttyl
Pennsylvania 17025 ("Property Address");
[Zip COAC]
TOGETHER WITH all the improvernents now or hereafter erected on the property, and all easelrtents, appurtenances,
and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property "
BORROWER COVENANTS that Borrower is lawfully seined of the estate hereby conveyed and has the right to
mortgage, grata and convey the Property and that the Property is ttrxt-cumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniformcoveaants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agrce as follows:
1. Payment of Prlndpal and Interest; 1'repayrnertt and Late Charges. 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 ttrtder the Note.
PENNSYLVANIA - Single Family • FNMA/FHLMC UNIFORM 1N51R[Ja9+NT Form 3039 9190
ewz~nra.nrm 25530.11719 r+ar,ms
BOOK iS9Q IAGE ~~
2. Finds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay
to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly
taxes and assessments which tray attain priority over this Security Instrumrnt as a lirn on the Property; (b) yearly leasehold
payments or ground rents on the Property, if any; (c) Yearly hazard or property insurance prerrtittrns; (d) Yearly flood
inswance premitutis, if any; (e) yearly mortgage insurance premiums, if any; and (f) any tttims payable by Borrower to
Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage itnsurance premiums. These
items aze called "Escrow [terns." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum
amount a tender for a federally related mortgage loan may require for Boaower's escrow account under the federal Real
Estate Settlement Procedura Act of 1974 as amended from time to tittle, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless
another law that applies to the Funds sets a lesser amount. If so, Lender rnay, at any time, collect and hold Fttnds in an
amount not to exceed the lesser amount. bender 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. Lrnder may not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless [.ender pays Borrower interest on the Funds and applicable law permits
Lender to make such a charge. However, Lender may. require Borrower to pay none-time charge for an independrnt real
estate 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 rat be required to pay Borrower any
interest or earnings on the Funds. Borrower and Leader may agree in writing, however, that interest shall be paid oa the
Funds. Lender shall give to Borrower, without charge, anannual-accounting of the Funds, showing credits and debits to the
Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all
sums secured by this Security Instrument.
[f the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in atxordatlce with the requirements of applicable law. if the amount of the Ponds held by
Lender at any time is not sufficient to pay the Escrow [terns when due, Lender tray so ratify Bottower 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 montlily 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 Property, Lender, prior to the acquisition
or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums
secured by this Security Instrument.
3. Applicatioe of Payments. Unless applicable law provides otherwise, all payments received by Linder under
paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under
pazagraph 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 attributableto 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 is paragraph 2, or if not paid in that manner, Borrower shall pay them oa time
directly to the person owed payment. Borrower shall promptly furnish to Lender. all notices of amounts to be paid under this
paragraph. if Borrower makes these payments directly, Borrower shall promptly famish to Lender receipts evidencing the
payments.
Borrower shall promptly discharge any lien which has priority curt this Security Instrurrrrnt 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 defrnds against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent
the enforcement of the lien; or (c) secures from the holder of the lien an agreenler-t satisfactory to Lender subordinating the
lien to this Security Instrument. If lender determines that any part of the Property is subject to a lien which may attain
priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the
lien or take one or more of the at:tions set forth above within 10 days of the giving of notice.
S. Hazard or Property Insurance. Borrower-shall krxp the improvements now existing or hereafter emted on the
Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including
floods or flooding, for 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 shall be chosen by Borrower subject to Lender's
approval which shall not be unreasonably withheld. If Borrower fails to maintain rnverage described above, Lender may,
at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
AU insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. [.ender
shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts
of paid premiums and renewal notices. In the even[ of loss, Borrower shall give prompt tatice to the insurance carrier and
Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agrx in writing, insurance proceeds shall be applied to restoration or repair
of the Property damaged, if the restoration or repair is ecoramically feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or L.ender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrttrrrent, 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 sums secured by this Saurity Instttrtnrnt, whether or not thrn due. The 30-day period will begin when
the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shat] not extend or
postpone the due date of the montlily 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 procceds resulting
t'rorn damage to the Property prior to the acquisition shall pass to Lender to the extrnt of the sums secured by this Security
Instrument immediately prior to the acquisition.
PENNSYLVANIA • Single Family - FNMA/FHLMC UNIFORM INtifRUMENT Form 3039 9/90
urvv~ie.ra: iirn r,F:ors
eooK 1594 racE x268
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after
the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at
least one year after the date of oavpancy, unless Lender otherwise agrrxs in writing, which consent shag not be
unreasonably withheld, or unless extenuating cin'um4tances exist which are beyond Borrower's control. Borrower shall twt
destroy, damage or impair the Property, atlow the Property to deteriorate, or commit waste on the Property. Borrower shall
be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment
could result in forfeiture of the Property or otherwise materially itrrQair the lim created by this Setalrity 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 Wiling that, is Lender's good faith determination, precludes forfeiture of the
Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or bender's
security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false
or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection
with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the
Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions
of the lease. ]f Borrower acquires fce title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained
in this Security Instrument, or them is a legal proceeding that may significantly affect Lender's rights is the Property (such
as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may
do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's
actions may include paying any surag secured by a lien which has priority over this Security Instrumatt, appearing in court,
paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender rosy take action under this
paragraph 7, Lender does not have to 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 to other terms of payment, these amounts shall bear interest from
the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
8. Mortgage finsraaace. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required W maintain the mortgage insurance in effect.. If, for any
reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a rnst
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 one-twelfth of the yearly mortgage insurance premium being paid by Borrower when
the insurance wverage 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 paytttatts may no longer be required, at the option of Lender, if mortgage
insurance coverage (in the amount and for the period that Lander requires) provided by an insurer approved by Lender again
becomes available and is obtained. Borrower shall pay the premiurru required to maintain mortgage insurance in effect, or
to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement
between Borrower and Lender or applicable law.
9. Inspection. lender or its agent may make reasonable entries upon and inspections of the Property. 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 of the Property, or for ~nveyance in lieu of condemnation, are hetrby assigned
and shall be paid to Lender.
In the event of a [oral taking of the Property, the procceds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately 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 imttxdiately before the taking, unless Borrower and Lender otherwise agrce in writing or unless applicable law
otherwise pmvidea, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums
are then due.
if the Property is abandoned by Borrower, or if, after notice by Lender to Borrower t}tat tbe condemnor offers to [Hake
an award or settle a claim for damages, Borrower fails to respond to !.ender 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 ]nstrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monttily paymnts referred to in paragraphs 1 and 2 or change the amount of such payrrtents.
ll. Borrower Nol 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 tbe original Borrower or Borrower's successors in interest. Lender
shall not be requited 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 forbearattoe by Lender in exercising any right or remedy shall not be
a waiver of or preclude the exercise of any right or remedy.
PENNSYLVANIA -Single Family - FN1NA/PiiLMC UNIFORM INST'Rl1Ir1EIVT Form 3039 9/90
uwrHw.vci: u~ vase s as
Bo~Kiss4-I~,zss
12. Sacetxsots and Assigns Bomrd; Joint anti Several Liability; Co~3gtters. The covenants and agreerrrents of this
Security Instrument shall bind a~ benefit the successors and assigns of Linder and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and sevewl. Any Borrower who co-signs this Security
instrument but does not execute the Note: (a) is co-signing this Security Instrument oNy to mortgage, groat and convey that
Borrower's interest in Ute Property under the terars of this Security Instwtrent; (b) is not personally obligated to pay the
sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify,
forbear or make any accommodations with regard to the terms of this Security Instrtmtent or the Note without that
Borrower's consent.
13. Loan CharEes. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,
and [hat law is finally interpreted so that the interest or other loan charges. collected or to be collected in connection with
the loan excad the permitted limits, then: (a) any such loan charge shall be reduced by the amonat necessary to reduce the
charge to the per mined limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making
a direct payment to Borrower. If a refirnd reduces principal, the reduction will be treated as a partial prepayment without
any prepaytent charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law 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 first
class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Aay notice
provided for in this Security Instrument shall be deemed to have been given to Borrower or L,errder when given as provided
in this paragraph.
15. Governing Law; Severability. This Security Instrument. shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law, such conflict shall t-ot affect other provisions of this Security Iasttvment or the Note which
can be given effect without the conflicting provision. To this end the provisions of this Security Instruraart and the Note are
declared to be severable.
16. Borrower's Copy. Borrower shall be given one confomred copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Bmefldal Interest In Borrower. If al] 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 traruferred and Borrower is not a natural person)
without Lender's prior written consent, Leader may, at its option, require immediate payment in full of all stuns secured
by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law
as of the date of this Security Instrument.
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 a!1 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.
18. Borrower's Rigbt to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to Gave
enforcement of this Security Instrument discoatiauai at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgmart enforcing this Security Instrument. Those conditions are that Borrower: (a)
pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security
Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably
require to assure that the lien of this Security Instrument, Larder's rights in the Property and Borrower's obligation to pay
the sums secured by this Security Instrurtrent shall continue unchanged. Upon reinstatarrerrt by Borrower, this Security In-
strument 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; Change of Loan Servioer. 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 ro the entity
(known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also
may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Savicer,
Borrower will be given written notice of the change in acxordance with paragraph l4 above and applicable law. The notice
will state the name and address of the new Loan Service 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, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, not allow anyone else to do, anything affecting the
Property that is in violation of any Environareotal Law. The preceding two sentences shall not apply to the presence, use,
or storage on the Property of small quantities of Hazardous Substarces that are generally recognized to be appropriate to
normal residential uses and to tnaintenaace of the Property.
Borrower shall promptly give Lender writtrn notice of any investigation, claim, danand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any govetnnrartai or regulatory
authority, that any removal or other remediation of any Hazardous Substanwe affecting the Property is necessary, Borrower
shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazazdous Substances" art those substances defined as toxic or hazardous substances
by Environmental L.aw and the following substances: gasoline, ka+oseae, other fiaaanable or toxic petroleum products, toxic
pes[icides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used
in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction wham the Property is located
that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covaranl and agree as follows:
PENNSYLVANIA - Stngk Pamily - FNMA/FRLMC IJNIFORI-! iN31R[7ftlENT Form 3039 9190
HwxHxo rep i ~,sr rye ~ "r s
aour 1594 ~acE .270
21. Acceleration; Remedies. Linder shad give notice to Borrower prior to acceleration fdlowing Borrower's
breach of any covenant or agreement in this Security lostruntmt (but not prior to acceleration under paragraph 17
unless applicable law provides otherwise). Linder shall notify Borrower of, among other things: {a) the default; (b)
the aMion required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default
as spedfied .may result in acceleration of the sums secured by this Security Instrumest, foredosure by judicial
proceeding and sale of the Property. Linder a6all fw thrn inform Borrower of the right to reinstate after acceleration
and the right to assert io the foreclosure proceeding the non-e:tistwtce of a default or any otha~ defense of Borrower
to acceleration and foreclosure. I! the de[atilt is not eared as speeiTied, Linder at its option may require immediate
payment in full of all sums secured by this Security Instrument without further dtnnand and may foreclose this
Security Instrument by fudicisl proceeding. Linder shall be entitled to collect all ezpmses incurred in putsttiag the
remedies provided in this paragraph 21, including, but not limited to, attorneys' Pees and cats of title evidence to the
extent permitted by applicable law.
22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrtttnent and the estate
conveyed shall terminate and become void. After surcltt occurrence. Lender shall discharge and sazisfy this Security Instrument
without charge to Borrower. Borrower shall pay any recordation costs.
23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects is pro-
ceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay
of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption.
24. Rdtrstatemmt Period. Botrowei s time to reinstate provided in paragraph 18 shall extend to one hour prior to the
commencement of bidding az a sheriff's sale or other sale pursuant to this Security Instrument.
25. Purchase Money Mortgage. If any of the debt secured by this Security Insttummt is ]rnt w Borrower to acquire
title to the Property, this Security inswment shall be a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgtttrnt is entered on the
Note or in an action of mortgage foreclosure shall be the rate payable from [line to time under the Note.
27. Riders to this Stcurity Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrurnutt, the covenants and agreetttrnts of each such rider shall be incorporated into and shall amend and
supplemrnt the covenants and agreements of this Security Instrumrnt as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)]
® Adjustable Rate Rider ^ Condominium Ridet ® 1-4 Family Rider
^ Graduated Paytttrnt Rider ^ Planed Unit Development Rider ^ Biweekly Payment Rider
^ Balloon Rider ^ Rate Improvement Rider ^ Second Home Rider
® Other(s) [specify] LEGAL ATTACHED
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument
and in any rider(s) ex tad and recorded with it.
Wimes~ ~ ' ~
~ .- (Seal) (~)
HR CE J. CZ Borrower A. SZCZ Borrower
(Seal)
Borrower
(~~)
Borrower
Borrower
(~)
Borrower
Certificate of Residence
1, p,cy~,.,p /.{., ,r-reti.,~, , do hereby certify that the correct
address of the within-Warned Lender is 4909 LOUISE DRIVE, SUITE 106, MECHANICSBt)RC3,
Witness my hand this 3t day of ~~v o.-.~ , t~0o .
gent of Leader
COMMONWEALTH OF PENNSYLVANIA, C Cu`+~P.to+o County ss:
On this, the 3 t day of '~QnJtJ.u~ , 2vOD , before trte, t(x mtdersigtted officer, personally
appeared ~~~ n . Si:C~yPfA own lCi~ ~1 S$ C~yPTA
known w me (oc satisfactorily proven} to be the person whose narne~ a•{ suhsccibed
to the within instrurttrnt and acknowledged that '~~ executed the same
for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires: ~
~C~-' ~Q ~ t Title of Officer .''.., '
PENNSYLVAMA -Single Family - FNMA/FHIbiC {Pt~I ORM INSTRl7NffNT '., *brh-~~lN
Hwzxn-i ip, rs. s ws w Ar......~
eooM 1594 ~acE .2'71
ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland
County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a spike in the center of the Holtz Road; THENCE along lands now or late of
Robert Smeltzer North 26 degrees 30 minutes West, 62.88 feet to a stake; THENCE along lands
now or late of William Troutma~i, North 76 degrees 30 minutes East, 155.03 feet to a spike in the
center of the Oid Holtz Road, South 26 degrees 30 minutes East, 10.55 feet to a spike in the Old
Holtz Road; THENCE South 56 degrees 57 minutes West, 152.05 feet to a spike, the place of
BEGINNING.
HAVING THEREON ERECTED a single one and one half story frame dwelling known as 1604
Holtz Road.
BEING THE SAME PREMISE~~ which Bruce J. Szczypta and Lorraine A. Szczypta, single
persons, by their deed dated November 18, 1993, and recorded November 24, 1993, in the Office
of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book Q36, Page
922, granted and conveyed to Bn~ce J. Szczypta, one of the Mortgagors herein.
BuuK f 5Q4 vaGE X272
VERIFICATION
The undersigned and duly authorized representative of Plaintiff, deposes and saj-s subject
. to the penalties of ~ 8 Pa C.S.A. § 4904 relating to unsworn falsification to authorities that the
facts set forth in the foregoing Complaint are true d correct 1o his info and belie
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LASALLE BANK NA (Assignee),
formerly known as LaSalle National
Bank, in its capacity as indenture Trustee
under that certain sale and servicing
agreement dated March 1, 2000, among
AFC Trust Series 2000-1, as issuer,
Superior Bank FSB,
Plaintiff(s),
vs.
BRUCE J. SZCZYPTA AND KIM A.
SZCZYPTA,
Defendant(s).
CIVIL DIVISION
No. 07-2495 CIVIL TERM
Type of Pleading:
ANSWER TO CIVIL
ACTION/MORTGAGE
FORECLOSURE
Filed on behalf of:
BRUCE J. SZCZYPTA AND KIM A.
SZCZYPTA, Defendant(s)
Counsel of Record for this Party:
Fred W. Freitag IV, Esquire
Pa I..D. # 61770
1041 Applejack Drive
Gibsonia, PA 15044
(724) 444-0086
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LASALLE BANK NA (Assignee),
formerly known as LaSalle National
Bank, in its capacity as indenture Trustee
under that certain sale and servicing
agreement dated March 1, 2000, among
AFC Trust Series 2000-1, as issuer,
Superior Bank FSB,
Plaintiff(s),
vs.
BRUCE J. SZCZYPTA AND KIM A.
SZCZYPTA,
Defendant(s).
CIVIL DIVISION
No.07-2495 CIVIL TERM
ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE
AND NOW, comes the Defendant(s), BRUCE J. SZCZYPTA AND KIM A.
SZCZYPTA, by and through his/her/their attorney, Fred W. Freitag IV, Esquire, and aver as
follows:
1.
2.
3.
4
Paragraph 1 is ADMITTED.
Pazagraph 2 is ADMITTED.
Pazagraph 3 states a legal conclusion and personal opinions to which no response is/are
necessary. To the extent that a response to Pazagraph 3 is required, said averments aze
specifically denied and strict proof to the contrary is demanded at trial.
Pazagraph 4 states a legal conclusion and personal opinions to which no response is/aze
necessary. To the extent that a response is required, said averments are specifically denied
and strict proof to the contrary is demanded at trial.
5. Paragraph 5 states a legal conclusion and personal opinions to which no response is/aze
necessary. To the extent that a response is required, said averments are specifically denied
and strict proof to the contrary is demanded at trial.
6. Paragraph b states a legal conclusion and personal opinions to which no response is/are
necessary. To the extent that a response is required, said averments are specifically denied
and strict proof to the contrary is demanded at trial.
7. Paragraph 7 states a legal conclusion and personal opinions to which no response is/are
necessary. To the extent that a response is required, said averments are specifically denied
and strict proof to the contrary is demanded at trial.
8. Pazagraph $ states a legal conclusion and personal opinions to which no response is/aze
necessary. To the extent that a response is required, said averments are specifically denied
and strict proof to the contrary is demanded at trial.
9. Paragraph 9 states a legal conclusion and personal opinions to which no response islaze
necessary. To the extent that a response is required, said averments aze specifically denied
and strict proof to the contrary is demanded at trial.
10. Paragraph 10 states a legal conclusion and personal opinions to which no response is/are
necessary. To the extent that a response is required, said averments aze specifically denied
and strict proof to the contrary is demanded at trial.
11. Pazagraph 11 states a legal conclusion and personal opinions to which no response is/are
necessary. To the extent that a response is required, said averments are specifically denied
and strict proof to the contrary is demanded at trial.
WHEREFORE, Defendant(s) requests this court to enter a judgment in their favor and or
dismiss the Plaintiff s complaint.
_,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LASALLE BANK NA (Assignee), CIVIL DIVISION
formerly known as LaSalle National
Bank, in its capacity as indenture Trustee No. 07-2495 CIVIL TERM
under that certain sale and servicing
agreement dated March 1, 2000, among
AFC Trust Series 2000-1, as issuer,
Superior Bank FSB,
Plaintiff(s),
vs.
BRUCE J. SZCZYPTA AND KIM A.
SZCZYPTA,
Defendant(s).
VERIFICATION
I, Fred W. Freitag IV, Esquire, verify that I am attorney for the Defendant(s) BRUCE J.
SZCZYPTA AND KIM A. SZCZYPTA and am authorized to make this verification on
his/her/their behalf to expedite the litigation because he/she/they is/are out of town. The
foregoing pleading is true and correct to the best of my knowledge and belief. I understand that
false statements herein aze made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
B
..
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LASALLE BANK NA (Assignee), CIVIL DIVISION
formerly known as LaSalle National
Bank, in its capacity as indenture Trustee No. 07-2495 CIVIL TERM
under that certain sale and servicing
agreement dated March 1, 2000, among
AFC Trust Series 2000-1, as issuer,
Superior Bank FSB,
Plaintiff(s),
vs.
BRUCE J. SZCZYPTA AND KIM A.
SZCZYPTA,
Defendant(s).
CERTIFICATE OF SERVICE
I hereby certify under penalty of perjury that I am this June 12.2007 serving a true and
correct copy of the foregoing ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE as
follows:
by hand delivery
_X_ by first class mail, postage prepaid
on the following:
GRENEN & BIRSIC, P.C.
JOSEPH A. FIDLER, ESQUIRE
KRISTINE M. ANTHOU, ESQUIRE
ONE GATEWAY CENTER
NINTH FLOOR
PITTSBURGH, PA 15222
June 12.2007
Date
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2007-02495 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LASALLE BANK NATIONAL ASSOCIAT
VS
SZCZYPTA BRUCE J ET AL
SHARON LANTZ Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
SZCZYPTA BRUCE J the
DEFENDANT at 1416:00 HOURS, on the 9th day of May 2007
at 205 DEANHURST AVENUE
CAMP HILL, PA 17011 by handing to
EDDIE NOLEN, SON IN LAW
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
~~~o~t~1 ~,,,
18.00
14.40
.00
10.00
.00
X40
Sworn and Subscibed to
before me this
of
day
So Answers:
~~ ~~~~
R. Thomas Kline
05/10/~nn7
GRENEN
B
A.D
SHERIFF'S RETURN - REGULAR
.--- . °-:
CASE NO: 2007-02495 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LASALLE BANK NATIONAL ASSOCIAT
VS
SZCZYPTA BRUCE J ET AL
SHARON LANTZ Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
SZCZYPTA KIM A the
DEFENDANT at 1416:00 HOURS, on the 9th day of May 2007
at 205 DEANHURST AVENUE
CAMP HILL, PA 17011
by handing to
EDDIE NOLEN, SON IN LAW
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
S~3o i o 1 ~ / 16.0 0
Sworn and Subscibed to
before me this day
of ,
So Answers:
..~~
R. Thomas Kline
05/10/2007
GRENEN & BIRSIC
B~
A.D
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
LASALLE BANK NATIONAL
ASSOCIATION ("ASSIGNEE"),
FORMERLY KNOWN AS LASALLE
NATOINAL BANK, IN ITS CAPACITY AS
INDENTURE TRUSTEE UNDER THAT
CERTAIN SALE AND SERVICING
AGREEMENT DATED MARCH 1, 2000,
AMONG AFC TRUST SERIES 2000-1, AS
ISSUER, SUPERIOR BANK FSB,
Plaintiff,
CIVIL DIVISION
NO.: 07-2495 CIVIL TERM
TYPE OF PLEADING
PRAECIPE TO SETTLE AND DISCONTINUE
WITHOUT
PREJUDICE
vs.
BRUCE J. SZCZYPTA AND KIM A.
SZCZYPTA,
Defendants.
FILED ON BEHALF
OF PLAINTIFF: LaSalle
Bank, et al.
COUNSEL OF RECORD
FOR THIS PARTY:
Daniel J. Birsic, Esquire
Pa. LD. # Pa. LD.#48450
Joseph A. Fidler, Esquire
Pa. I.D. #87325
Kristine M. Anthou, Esquire
Pa. I.D. #77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
r.~ S
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
LASALLE BANK NATIONAL CNIL DIVISION
ASSOCIATION ("ASSIGNEE"),
FORMERLY KNOWN AS LASALLE
NATOINAL BANK, IN ITS CAPACITY AS NO.: 07-2495 CIVIL TERM
INDENTURE TRUSTEE UNDER THAT
CERTAIN SALE AND SERVICING
AGREEMENT DATED MARCH I, 2000,
AMONG AFC TRUST SERIES 2000-1, AS
ISSUER, SUPERIOR BANK FSB,
Plaintiff,
vs.
BRUCE J. SZCZYPTA AND KIM A.
SZCZYPTA,
Defendants.
PRAECIPE TO SETTLE AND DISCONTINUE
WITHOUT PREJUDICE
TO: PROTHONOTARY
SIR:
Kindly settle and discontinue without prejudice the above-captioned matter entered on Apri130, 2007
and mark the docket accordingly.
GRENEN IR
'~ __
BY:
Josepl~A. Fidler, Esquire
Kristine M. Anthou, Esquire
Attorneys for Plaintiff
Sworn to and subscribed before me Nyy~TH OF PENNSYLVANIA
Nolatial Seel
this day of , 2007. r L Poker, Jr., ~~
qty of Plftsbur9h, Coin
~ ~ pec.10, 20x7
~. pAember, Pennsylvania Association Of Notet9es
Notary Public
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