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Home My WebLink About03-4091 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, Plaintiff, vs. SCOTT S. STROMAN, Defendant. TO DEFENDANT: Yau are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS r SERVICE HEREOF /;~7 A / d~RNEY FOR~N'r;;;'- I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 2255 North Ontario Street #40 Burbank, CA 91504-3120 AND THE DEFENDANT IS: 4 Center Drive c~arnp Hall, p'i( 1701 I ~.? f- A E~FOR~~FF- CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 4 Cente~Drive, Lower Allen Township (CITY. lJORO. TOWNSHIP) (WARD) A4l~d- CIVIL DIVISION NO.: 03 - J..[()9/ 0u~L/~ ISSUE NUMBER: TYPE OF PLEADING: Civil Action - Complaint in Mortgage Foreclosure CODE- FILED ON BEHALF OF PLAINTIFF: Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. J.D. #48450 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, P A 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO. Plaintiff, vs. SCOTT S. STROMAN, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO. OJ - Lfo.q I Plaintiff, vs. SCOTT S. STROMAN, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Bank One, National Association, as Trustee for Residential Funding Corporation with an office located at 2255 North Ontario Street #40, Burbank, California 91504- 3120. 2. Mortgage Lenders Network USA, Inc. ("Agent"), which has its principal place of business at 132 Welsh Road, Suite 100, Horsham, Pennsylvania 19044, is the servicing agent of Plaintiff. 3. The Defendant, Scott S. Stroman is an individual whose last known address is 4 Center Drive, Camp Hill, Pennsylvania 17011. 4. On or about April 2, 2001, Defendant executed and delivered a Note in favor of Agent in the original principal amount of $110,400.00. A true and correct copy of said Note is marked Exhibit "A," attached hereto and made a part hereof. 5. On or about April 2, 2001, as security for payment of the aforesaid Note, Defendant executed and delivered to Agent a Mortgage in the original principal amount of$11 0,4000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on April 4, 2001 at Mortgage Book Volume 1687, Page 933. 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. 6. On or about March 14,2003, Agent assigned the aforesaid Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage, recorded in the office of the Recorder of Deeds of Cumberland County at Mortgage Book Volume 695, Page 1669. 7. Defendant is the record and real owner of the aforesaid mortgaged premises. 8. 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 March 6, 2003 payment. 9. On or about June 26, 2003, the Defendant was mailed a Notice of Homeowner's Emergency Mortgage Assistance Act of 1983, ("Act 91 Notice") in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 10. Plaintiff was not required to send Defendant a separate Notice of Intention to Foreclose Mortgage in compliance with Act 6 of1974, 41 P.S. SIOI, et seq., as a result of sending the Act 91 Notice. 11. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 108,782.35 Interest through 8/4/03 $ 4,563.83 Late Charges through 8/4/03 $ 898.73 Other Fees $ 4,420.79 Attorney's fee's $ 1,250.00 Title Search, Foreclosure And Execution costs $ 2,500.00 TOTAL $ 122,415.70 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $122,415.70 with interest thereon at the rate of$25.38 per diem from August 4, 2003, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. By D,1:~~ Pa. LD. #48450 Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" . ."....., . 1010016345 NOTE Apr II 2, 2001 IO.'e) Mechanlcsburg ICllyl Pennsylvania ISllIlcl 4 CENTER ORIVE . CAMP HILL. PA 17011 Il'rupeny Add'...1 ~\\U~ ~~O?'i C~\\~\'c\€ I. BORROWER'S PROMISE TO PAY In rcllltR Cor a loan IIw I have received, J promise 10 pay U.S. $ plus inu:rco1, IQ lite order of the Lender. The Lender is MORTGAGE LENDERS NETWORK USA, INC. 110,400.00 (litis amount is c-.sIled "Princip:&l"), I will make all pa)'menlS under litis NolC in lite form of cash, check or money order. I undcrsUllld IIw lite Lender may uansfer litis NolC. The Lender or anyone who Iakcs litis NolC by uansfer and who is entided 10 receive paymenlS under litis NOIC is called the "NolC HoWer." 1. INTEREST Inu:rCSl wiD be charged on unpaid principal until thc fuU amount of Principal has been paid. J wiD pay inu:rcst at a yearly ralC of 8,400~. The inu:rcst raIC required by litis Section 2 is lite laIC I will pay bollt before and afu:r any default described in Section 6(8) of litis NolC. 3. PAYMENTS (A) Time and Place of pa)'mt'nts I will pay principal and inu:rCSt by making a payment cvery month. IwiDmakemymonthlypaymentonthe 6th day ofcach montll beginning on May 6, 2001 .1 will make these paymenlS every montll until I have paid all of the principal and inu:rCSl and any ollter charges described below IIw I may owe under this NolC. E:lclt monthly payment will be applied as of ilS scheduled due dalC llIId wiD be applied 10 inu:rcst beCore Principal. If, on Apr II 6, 2031 ,htill owe amounlS under litis NOIC, I wiD pay those amounlS in full on lItat dalC, which is called the "Maturity DalC." I wiD ma1tc my monthlypaymenlS at MIDDLESEX CORP. CENTER 11TH FL. 213 COURT ST.. MIDDLETOWN CT 06457 or at a different place if required by the NolC Holder. . (0) Amounl of Monlhly Payments My monthly payment will be in the amount of U.S. S 841. 07. .., nORROWER'S RIGHT TO PREPA Y I have the right 10 make paymenlS oC Principal at any time before they arc due. A paymenl of Principal only is known as II "PrepaymenL" When I make a Prepayment, I willlClI the NolC Holder in writing that I am doing so. I may nOI designalC a payment as a Prepaymenl if I have nOI made all the monthly paymenlS due under lite NolC. * I may ma1tc a fuU Prepayment or paniaI PrepaymenlS without paying a Prepayment charge. The NolC Holder will use my PrepaymeRls 10' reduce the amount of Principal thai I owe under this NolC. However, the NolC Holder may apply my PrepaymenllO the accrued and unpaid inu:rest on lhc Prepayment amount, before applying my PrcpaymenllO reduce the Principal amount of the NolC. IC I make a paniaI Prepayment, there will be no changes in thc due date or in lite amount of my monthly payment unless lite NolC Holder agrees in writing 10 lhosc changes. * After the 48 th payment, as set forth In the attached addendum. MULTISTATE FIXED RATE NOTE-Singlo Famdy.Fonnloll.o/Froddlo Moe UNIFORIIINSTRUIIENT Q-SH 1000') Form :~ a vw, MgATQAGE ro"..'. CIOO}$11.721' Pall- , 01 J Ift....I.: 1lllllilllllli~ ~1111~ I~ Jill . ....... . 101.0016345 S. LOAN CHARGES If a law, which applies 10 this IO:lll :llld which !leIS maximum lo.'lII ch:lrgcs, is fmally inu:rprcled so lha11he inlCl'cst or other lo.'lII chorges collceled or 10 be collceled in conncetion with this loan cxc:ccd the pcnniucd limilS, thco: (a) any such loan charge !JJaJI be reduced by Ihc amounl nceessary 10 reduce the charge 10 the pcrmiucd limi!; and (b) any sums alrcOOy coUceled from me which exceeded pcnnilled limilS will be rcfunded 10 me. The NolC Holder may choose 10 make this refund by reducing \he Principal I owe under this NolC or by making. direcl paymenllO me. If a refund reduces Principal, \he reduction will be uCUlCd as a partial PrcpaymcnL 6. BORROWER'S FAILI..'RE TO PAY AS REQUIRED (A) Lale Charge Cor O.erdue !'a)'ments If the NolC Holder has nOI =i.ed the fuU amounl of any monthly payment by the end of 10 caIcndllrdays aflCl' the dale il is duc, I will pay a laIC charge 10 the NolC Holder. Thcamoulllohhecharge wiU be 10.0000 %0( my overdue paymenl oC principal and inlCl'cst. I will pay this lale charge prompdy bul only once on cach laIC paymenL (B) Default If I do nol pay \he full amounl of each monthly paymenl on Ihe daIC il is due, I will be in defaulL (C) Nollce oC DeCault If I am in defaull, the NolC HoWer may send me a wrillCll nolicc lclling me lha1 if I do nOI pay \he overdue amounl by a ccnain dale, Ihe NolC Holder may require me 10 pay immedilllcly the fuU amounl of Principal which has nOl bcca paid and all \he inlCl'cst IhaII owe on IhaI amounL ThaI dale musl be 1lI1cast 30 days after the dale on which \he nolicc is mailed 10 me or delivered by other mClUlS. (D) No Wai",., By Nole Holder E,'co if, 1lI a lime when I am in dcf.ull, the NolO Holder docs nOI require me 10 pay immcdiaICly in full as described above, \he NOlC Holder will still ha.e \he righllO do so if I am in defaull al a lalCl' lime. (F.) Pa)'menl oC Nole 1I0lder's COl>ts and Expenses If \he NolC Holder has required me 10 pay immcdialcly in full as described above, the NolO Holder will have the righllO be paid bock by me for all of ils COSlS and expenses in enforcing this NolC 10 the exlcnl nol prohibiled by applicable law. Those expenses include, for example. reasonable allOmeys' fees. 7, GIVING OF NOTICES Unless applicable law requires a differenl method. any nolice lha1 must be given 10 me under this NolC will be given by delivering il or by mailing il by fusl class mail 10 me althe Properly Address above or aL a differenl address if 1 give \he NOlC Holder a nolWc of my differenl address. Any notice thai mu.1 be given 10 the NolC Holder under this NolC will be given by delivering il or by mailing it by fusl class mad 10 the NOlO Holder Ulthe address staled in Section 3(A) above or al a differenl address if I am given a nolicc of IhaI differenl address. 8. OBLIGATIONS OF PERSONS UNDER TillS NOTE If more than one person signs this NOlC. each person is fully and personally obligaled 10 keep all oC Ihe promises made in this NOlC. including the promise 10 pay \he full amounl owed. Any person who is a guaroullor. surelY or endorser of this NolC is also obligated 10 do Ihcsc things. Any person who takes over these obligations, including the obligations of a guaranlOr, SW'CIY or endorser 0( thjs Nole, is aJso obligated 10 keep all of the promises made in this NolO. The NOlC Holder may enforce ilS righlS under this NolC agai/lst each person individually or against all of us IOgelhcr. This means thai any one of us may be required 10 pay all of \he amounlS OINcd under this NOlC. 9. WAIVERS I and any other person who has obligations under this NolC waive \he righlS of Prcscn1mcn1 and Notice of Dishonor. "Prcscnlment" means the righllO require the Note HoWer 10 demand paymenl of amounlS due. "Nolicc of Dishonor" mClUlS the righllO require the NolC Holder 10 give notice 10 other persons thai amounlS due have nol been paid. Q .5N 10000' . Pag_ 2." Form 320r/iol 11lIlI~1I:~ . . 10~0016345 10. USIFORM SECURED NOTE This Naill is a unifonn inslIUmenl willi limilCd variations in some jurisdictions. In addition 10 Ihc plOlCCtions given 10 Ihc NOIe Holder under lIIis NOIe. a Mortgage. Deed of Trusl, or Securily Deed (lIIe "Securily Instrumenl"). d:Iu:d Ihc same dale as lIIis NolC, plOlCClS Ihc Naill Holder from possible Iosscs which mighl resull if I do not keep Ihc promises which I make in Ibis NolC. Th:ll SecurilY InsllUmCllldcscribcs how and under wh:u conditions I may be required 10 make immcdialc payment in full of all amounlS I owe under Ibis NolC. Some of lIIose conditions arc dcsaibcd as follows: If all or any pari of lIIe Propctly or any Imerest in Ihc Property is sold or \r.UIsfCITcd (or if Borrower is not a natural person and a benefICial inlcrCSl in Borrower is sold or lr.IIlsfcrrcd) willlout Lender's prior wrillCll consent, Lender may require immcdiluc payment in full of all sums secured by Ibis Securily InsuumenL /Iowever, Ibis option sha1I not be ClIoerciscd by Lender if such exercise is prohibilCd by Applicable Law. If Lender ClIoerciscs Ibis oplion. Lender shall give Borrower notice of acceleration. The notice shall provide a period of notlcss lIIan 30 days from the dale the nolice is given in accordance willt Section I S within which Bonowc( muslnay all sums sccu~cd by litis Security InslIUmcnL If Borrower fails 10 pay lhcsc sums prior 10 Ihc c.pir.ttion of litis period. Lender may invoke any remedies pcrrniucd by litis Securily InsllUment willtout furllter notice or demand on Bonower. WI'mESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ,J~~ SCOTT S STROMAN 189-50-5815 (Seal) -Uonuwcr (Seal) .Borrower (Seal) .Borrower (Seal) .Borrowe, (Seal) .flunuwc. (Seal) .Rorrower (Seal) .Oorrower (Seal) .Donower [Sign OrigillDl Onlyl Q .5N .....) . ,.,.'01' Form 3200 1/01 . --- . PAY TO THE OJUlER Of: wrmour RECOURSE . MORTlWOEWIOERSNElWOSlKUSA, INC r~.{~ .l,~mes T. Wessler '- . . " -.. PREPAYMENT PENALTY NOTE ADDENDUM 1010016345 For a valuable consideration, receipt of which is hereby acknowled~ed the undersigned agree that certain Promissory Note of even date to which this Addendum IS allached, shall be subject to the following provisions, notwithstanding any provisions to the contrary contained in said promissory note or the Deed of Trust, Mongage. Real Estate Mongage, Security Deed (Security Instrument) securing same. This Addendum is allached to and made a part of that cenain Promissory Note given by SCOTT S STROMAN (Borrower) to MORTGAGE LENDERS NETWORK USA, INC. (Lender), dated Apr II 2, 2001 , which Note is in the principal amount of $ 110,400,00 PREPA Yl\IENT PENALTY Afler Four 4 full yearts) from the date hereof, maker may pre-pay, without penally, Ihe outstanding principal balance. In the event maker prepays in full the outstamling principal balance and accrued interest during the first Four 4 full yearh) from the date hereof, maker shall pay in addition to such prepayment a penalt)' in an amount equal to a percentage of the principal ponion of the amount so pre-paid In accordance with the following: If paid during the first year from the date hereof, Four percent t 4.0000~) of the portion of sueh prepayment equal to the principal amo;unt so prepa I d. If paid during the second year fro~ the date hereof, Four percent C 4.0000 ~I of the portion of such prepayment equal to the principal amount so prepaid. If paid during the third year from the date hereof, Four pereent C 4.0000~) of the portion of such prepayment equal to the principal amount so prepaid. If paid during the fourth year from the date hereof, Four percent t 4.0000~) of the portion of such prepayment equal to the prIncipal amount so prepaid. Holder shall apply anYJ'repayment first to reduce any interest and charges owing at the time of such prepayment an then to reduce the amount of principal owed under this Note, provided that such balance shall be applied to the principal In reverse order of the due date of :h~~~y~e>>an~1 ~t oth~rwise affect or delay the due date of the next payment under ~;r.A~t 4/2/2001 4/2/2001 Borrower Date Borrower Date SCOTT S STROMAN Borrower 4/212001 Date Borrower 4/212001 Date Pfepypn 4/'2J81 ,"7m 'cwo EXHIBIT "B" '..,<'-\.C:V' _ :;, , 1~1001.6345 9(3~ . . , ;.} ." ,... ~-'...- " I). .- i~ ,'!) ~'II-:''''' - n . ... -." I ~, i... 1 _..; L t: .', :([ G\......-~. n r:"" ", ;:" "\ [:-ED~ iJ.. r.. __1'. !" .~. V ,". "') 'j r-n L t , . ~- ~"~':"IIJL:;.i ;,,\1) CI:IL:nTY- FA 'OJ. APR LI PI'! 1. 33 Prepared By: MORTGAGE LENDERS NETWORK USA, INC. MIDDLESEX CORP. CENTER. 11TH FL, 213 COURT ST.MIDDLETOWN, CT 06457 Rewrn To: MORTGAGE LENDERS NETWORK USA, INC. COURT ST.MIDDLESEX CORP. CENTER, 11TH FL, MIDDLETOWN, CT 06457 213 Parcel Number: [Space Above Tbis Line For Recording D.18] MORTGAGE DEFINITIONS Words used in multiple sections of this document arc defined below and other words are defined in Sections 3, 11.13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (Al "Security InstrllDlent" means this document, which is dated Apr I I 2, 2001 together with all Riders to this documenL (B) "Borro'Wer" is SCOTT S STROMAN Borrower is lbe mortgagor under this Security Instrument. (el "Lender" is MORTGAGE LENDERS NETWORK USA, INC. Lender is a corporation or association PENNSYLVANIA - Single Family - Fannie MaeiFreddle Mac UNIFORM INSTRUMENT ~-6(PA)(DOOB) 111 Pas&; of 16 InlliaJs:M- VMP MORTGAGE FORMS. (800)521-7291 Form 3039 1 f01 111111~1111111I1 ~I~ IIIIIII~ 8o~HS8?~ l83:J 11ho01,6345 . . organized and existing under the laws of Del aware Lender's address is MIDDLESEX CORP. CENTER 11TH FL, 213 COURT ST., MIDDLETOWN CT 06457 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated Ap r i I 2, 2001 The Note states that Borrower owes Lender One Hundred Ten Thousand, Four Hundred and No/100 ------------------------- Dol~s (U.S. S 110,400.00 ) plus interesl. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than Ap r i I 6, 2031 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus inleresl. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: B Adjuslable Rate Rider 0 Condominium Rider Balloon Rider 0 Planned Unit Development Rider V A Rider 0 Biweekly Payment Rider o Second Home Rider o 1-4 Family Rider o Other(s) [specify] Mobile Home Rider (H) "Applicable Law" means all controlling applicable federal, Slate and local S!aNtes, regulations, ordinances and administrative rules and orders (thai have the effecl of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, aSsessments and other cbarges that are imposed on Borrower or the Properly by a condominium association, homeowners association or similllr organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similllr paper instrument, which is initiated through an electronic terminal, telephonic instrumenl, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an accounl. Such lerm includes, bUI is not limited to; point-of-sale transfers, automated teller machine transactions, transfers initiated by leIephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow [terns" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any pari of the Properly; (Iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Properl.y. (M) "Mortgage Insurance" means insurance protecting Lender againsl the nonp-aymenl of, or default on, the Lolln. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ll) any amounts under Section 3 of this Security Instrumenl. '""'"',~ _-6(PA) IOOOB} Pag82of16 Form 3039 1101 BOidGS1Hllt. 9iM 101001,6345 . . (0) "RESPA" means lbe Real Estate Settlement Procedures Act (12 V.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 CF.R. Part 3500), as lbey might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject mauer. As used in this Security Instrument, "RESPA" refers lO all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally re!alel! mortgage loan" underRESPA. (P) "Successor in Interest of Borrower" means any party thal has taken title to the Property, whether or not that pan)' has assumed Borrower's obligations under the Note and/or this Securit)' Instrument. TRANSFER OF RIGJITS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (iI) lbe 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 localel! in the COUNTY [Type of Recording JuriSdiction] of CUMBERLAND [Name or Reconling Juri,diction]: SEE ATTACHED SCHEDULE A which currently has the address of 4 CENTER DRIVE CAMP HILL ("Property Address"): [CiIY], Pennsylvania 17011 [Stre.,] [Zip Codel TOGETIIER WITH all the improvements now or hereafter erecled on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the properlY. All replacements and additions shall also be covered by this Security InslIument. All of the foregoing is referred to in this Security Instrument as the "Property. II G-6(PA) 10008) .. Pag83 of 18 1~"",..L1 Form 3039 1/01 iiookit8'1 ;AllE SM . . 10100t6345 BORROWER COVENANTS that Borrower is lawfully seised of the eSlate hereby conveyed and has the right to mortgage, grant and convey the Properly and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TillS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a unifonD security instrument covering real property. UNIFORM COVENANTS. Borrowc,. and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, aod Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Inslrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Insuument be made in one or more of the following fOnDS, as selected by Lender: (8) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an instiOltion whose deposits are insured by a federal agency, instrumentality, Or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the paymenl or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring lbe Loan curren~ withoul waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need nm pay interest au unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan currenl. If Borrower does nol do so within a reasonable period of time, Lender shall either apply such funds or relom them to Borrower. If nol applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the fUlUfe against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing !he covenants and agreemenlS secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all paymenlS accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under !his Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outslanding, Lender may apply any payment received from Borrower to the repayment of lbe Periodic Payments if, and 10 the extent that, each payment can be paid in G.;6(PA) (0008) Pag84of16 """,,,-.41 Form 3039 1101 B9udt8?Not .93G . . 101001-6345 full. To the extent thaI any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or JlOstpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) Illxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Est. TOW Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of futwe Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an instibltion whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow accounl, or verifying the Escrow flems, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicahle Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any inlerest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the G.6(PA) (00081 .. Pagll S 0/16 1'"I~I".A Form 3039 1/01 BoudG8? Nbt jjt; . . 1010016345 Funds. Lender shaU give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a swplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shorlage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the defICiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges: Liens. Borrower shall pay all taxes. assessments. charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues. Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreemen~ (b) contests the lien in good faith by, or defends against enforcemelll of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; 01' (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security InstrumenL If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate laX verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured againslloss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to. earthquakes and floods, for which Lender requires insnrance. This insurance shall be maintained in tlle amounts (including deductible levels) and for the periods th81 Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice. which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone derennination. certification and tracking services; or (b) a one-time charge foc flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect snch determination or certification. Borrower shail also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any /lood zone determination resulting from an objectiou hy Borrower. G.6(PA) (000'1 .. Page 6 of 16 In'll.'''~ Form 3039 1/01 Bouklf)~?PJ\ilt J)3g , . 1010016345 . If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obUlincd. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security InslrumenL These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender. shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not1essened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptiy. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economica1\y feasible or Lender's security would be lessened. the insurance proceeds shall be applied to lbe sums secured by this Security Inslrument. whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may me, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered ro settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Properly under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument. and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable ro the coverage of the Property. Lender may use the insurance proceeds either ro repair or restore the Property or ro pay amounts unpaid under the Note or this Security Instrument, whether or not then due. .,6IPA) (00D91 is> Page 7 01 16 BM1687PACt .939 .In"'a'''~ Form 3039 1101 . . . 101001'6345 6. Occopancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall conlinue 10 occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise lIgfees in writing, which consent shall nol be unreasonably withheld, or unless extenuating circumstances exisl which are beyond Borrower's control. 7. Preservation, Maintenance and Protection or the Prnperty; Inspections, Borrower shall not deslroy, damage or impair the Property, allow Ihe Property to deteriorate or commil waste on the Property. Whether or nol Borrower is residing in Ihe Property, Borrower shall mainlain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant 10 Section 5 that repair or restoration is nOl economically feasible, Borrower shall promptly repair the Properly if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring Ihe Property only if Lender has released proceeds for such plllpOses. Lender may disburse proceeds for the repairs and resloration in a single paymenl or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or res lOre the Properly, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoralion. Lender or its agent may make reasonable entries upon and inspections of the Property. If il has reasonable cause, Lender may inspect Ihe interior of the improvements on the Property. Lender shall give Borrower nodce at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in defaull if, during the Loan application process, Borrower Or any persons or entities acling at the direction of Borrower or with Borrower's knowledge or consent gave materially faise, misleading, or inaccurate informatiOn or statements to Lender (or failed to provide Lender with material information) in conneclion with the Loan. Material representalions include, but are not limited 10, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection or Lender's Interest in tbe Property and Rights Under tbis Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affecl Lender's interest in lbe Property and/or rights under this Securily Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may allain priorily over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned ihe Property, Ihen Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Properly and rights under !his Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Properly andlor rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, hut is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain waJer from pipes, eliminate building or other code violations or dangerous condilions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duly or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all aclions authorized ander this Section 9. . e.6(PA) ,OCOB) co Paglllll of 16 '"''''"'~ Form 3039 1/01 BQOK 1687 ,ACt .940 1010016345 . . Any amounts disbursed by Lender under this Section 9 shall become additional debl of Borrower secured by this Securily [nstrwnent These amounts shall bear interesl al the Note rate from the date of disbursement and shall be payable, with such interesl, upon notice from Lender to Borrower requesting payment If this Security [nslIumenl is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title 10 \be Property, the leasehold and the fee title shall nol merge unless Lender agrees to the merger in writing. 10. Morlgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any reason, \be Mortgage Insurance coverage required by Lender ceases to be available Crom the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toWard the premiums for Mortgage Insurance, Borrower shaII pay \be premiums required to obtain coverage substantially equivalenl to the Mortgage Insurance previously in effect, al a cost substanlially equivalenl to the cost to Borrower of the Mortgage [nswance previously in effecl, from an alternate mongage insurer selected by Lender. If substantially equivalenl Mortgage Insurance coverage is nol available, Borrower shall continue to pay to Lender the amounl of the separately designated payments thai were due when the inswance coverage ceased 10 be in effect Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, nOlwithstanding the fact thai the Loan is ultimately paid in full, and Lender shall nol be required to pay Borrower any interesl or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amounl and for \be period that Lender requires) provided by an insurer selected by Lender agaiu becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required 10 make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in e[fecl, or to provide a non-refundable loss reserve, until Lender's requiremenl for Mortgage Insurance ends in accordance with any wriUen agreement between Borrower and Lender providing for such termination or untillermination is required by Applicable Law. Nothing in this Section IO affects Borrower's obligation to pay interesl al the rate provided in the NOle. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a pany to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties thai share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require, the mortgage insurer 10 make payments using any source of funds that the mortgage insurer may have available (whiCh may include fonds obtained from Mortgage Inswance premiums). As a result of these agreements, Lender, any purchaser of the Note. another insurer, any reinsurer, any other entily, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides thai an affiliate of Lender lakes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan, Such agreements will not increase the amount Borrower will owe for Morlgage Insurance, and they will not entiOe Borrower to aoy refund. 1"'tI.~A .-S(PAl (oooa) ., Page; olH; Bood687 'AG~ a941 Form 3039 1/01 1010016345 . . (b) Any such agreements will not alfect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain canceDation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such canceDation or termination. 11. Assignment of MisceI1aneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right 10 hold such Miscellaneous Proceeds until Lender has had an opportUnity to inspect such Property to ensure the work has been compleled to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is compleled. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economica1Jy feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Propeny immediately before the partial taking, destruction, or loss in value is equal 10 or grearer than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to BOJrOwer. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking. destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscel1anecus Proceeds shall be applied to the sums secured by this Security Instrument whcther or not the sums are !hea due. If the Property is abandoned by Borrower, or if, after notice by Lender 10 Borrower that the Opposing Party (as defined in the next sentence) offers 10 make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized 10 col1ect and apply the Miscellaneous Proceeds either 10 restoration or repair of the Properly or to Ibe sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard 10 Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security InslIumem. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that. in Lender's judgment, precludes forfeiture of the Property or other material impairment of ,""",,,.4. .-S(PAlICOOS) ., Page 1001 16 800<<1687 rAGE \942 Form 3039 1/01 . . 1010016345 Lender's interest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are auribUlable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid 10 Lender. All Miscellaneous Proceeds that are not applied 10 restoration or repair of the Property sha1I be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest uf Borrower shall not operate 10 release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including. withoutlimilation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grnnt and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated 10 pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument 10 charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally inlerpreted so that the interest or other loan charges collecled or to be collecled in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitled limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded 10 Borrower. Lender may choose 10 make this refund by reducing the principal owed under Ibe NOle or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. In;I~I"..B .-6(PA) 1000') ., Pag811 of 16 Form 3039 1101 BOOK1687 rlGE .943 10100'16345 . . IS. Nolices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given 10 Borrower when mailed by first class mail or when actually delivered 10 Borrower's notice address if sent by other means. Notice 10 anyone Borrower sha1\ constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice 10 Lender. Borrower shall promptly notify Lender of Borrower's change of address. H Lender specifies a procedure for reporting Bonower's cbange of address, then Borrower shall only report u chllIlge of address through that specified procedure. There may be only one designated notice address under this Securily Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice 10 Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given 10 Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement wiD satisfy the corresponding requirement under this Security Instrument 16. Governing Law; Severability; Rules of Construction. This Security Instrument sha1l be governed by federal law and the law of the jurisdiction in which the Property is located. All righls and obligations contained in this Security Instrument are subject 10 any requiremenls and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it migbt be silent, but such silence shall not be construed as a prohibition against agreemenl by COntracL In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Inslrument or the Note which can be given effect without the conflicting provision, As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the pluraIllIld vice versa; and (c) the word "may" gives sole discretion without any obligation to lake any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument 18. Transfer of Ibe Property or a Beneficial Interest in Borrower. As used in this Section 18, "Inrerest in the Propeny" means any legal Or beneficial interest in the Property, including, bul not limited to, those beneficial inrerests transferred in a bond for deed, contracl for deed. installment sales contract or escrow agreement, the intent of wbich is the transfer of title by Borrower at a fulure date 10 a purchaser. If all or any part of the Property or any Interest in the Propeny is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of a1\ slims secured by this Security Instrument However, this option shall nol be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower faiis to pay these sums prior 10 the expiration of this period, Lender may invoke any remedies permilled by this Security Instrument without further notice or demand on Borrower. 19. Borrower'. Right to Reinstate After Acceleration. If Borrower meels certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior 10 the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any oilier covenants or agreements; (c) pays all "",.,,,...$ _-S(PA) (DOOS) Page H! 0116 BOok 168'7 'AIlE .944 Form 3039 1101 . . . 1010016345 expenses incurred in enforcing this Securily Instrumenl, including, bUI not limited 10, reasonable altorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's inlereSt in the Properly and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require 10 assure thai Lender's interest in the Property and rights under this Security Instrumenl, and Borrower's obligation to pay the sums secured by lbis Security Instrumenl, shall continue unchanged. Lender may require lbat Borrower pay such reinstatement sums and expenses in one or more of the following fonns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's cbeck, provided any such check is drawn upon an instilUtion whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrumenl and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinslale shall nOl apply in lbe case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together wilb this SecurilY Instrumenl) can be sold one or more times wilbout prior notice to Borrower. A sale migbt result in a change in lbe entity (known as the "Loan Servicer") lbat collects Periodic Payments due under lbe Note and this Securily Instrumenl and perfonns olber mortgage loan servicing obligations under lbe Note, this Security Instrumenl, and Applicable Law. There also might be one or more cbanges of the Loan Servicer unrela1ed 10 a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given wrilten notice of the change which will Slate the name and address of the new Loan Servicer, the address to wbich payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If lbe Note is sold and thereafter the Loan is serviced by a Loan Servicer olber lban the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred 10 a successor Loan Servicer and are nOI assumed by lbe Note purchaser unless otherwise provided by the Note purchaser. Neilber Borrower nor Lender may commence, join, or be joined to any judicial action (as eilber an individual litigant or Ibe member of a class) thaI arises from the other party's actions pursuanllO Ibis Security Instrumenl or thaI alleges that the other party has breached any provision of, or any duly owed by reason of, this Security Instrumenl, until such Borrower or Lender has notified lbe olber party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the olber party hereto a reasonable period after Ibe giving of such notice 10 take corrective action. If Applicable Law provides a time period whicb mUSI elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and oppol'umily 10 eure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Uazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline. kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonna1dehyde, and radioactive materials; (b) "Environmental Law" means federal laws and lilws of the jurisdiction where the Properly is located that relate 10 health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, Or removal action, as defined in Environmenlal Law; and (d) an "Environmenlal Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Q.6(PA) IOD08) <& flage 13 0116 I"I"'I'~ Form 3039 1/01 Bood687'AGE 4945 . 1010016345 . . Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmenlai Law, (b) which creates an Environmental Condition, or (c) which, due to the. presence, use, or release of a Hazardous Substance, creates a condition Ihat adversely affects Ihe value of Ibe Property. The preceding two S<mtences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but nOliimited to, ha:<ardous substances in consumer products). Borrower shall promptly give Lender wriucn notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Ellvironmental Condition, including but nollimiled to, any spilling, leaking, discharge, release or threal of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects Ihe value of Ihe Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shaJ\ promptly take all necessary remedial ""tions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Ellvironmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shaD give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in tbis Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when tbe default Diust be cured; and (d) tbat failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall furtber inform Borrower of the rigbt to reinstate after acceleration and tbe rigbt to assert in the foreclosure proceeding tbe non.exi~tence of a default or any otber defense of Borrower to a~'Celeration and foreclosure. If the default is not cured as specified, Lender at its option may require iJDmediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not liJDited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Inslrument, this Security InsU'ument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security InsU'ument, but only jf the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitled by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Inslrument, and hereby waives tlte benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend \0 one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant \0 tilis Security Instrument. 211. Purchase Money Mortgage. If any of the debt secured by tltis Security Instrument is lent to Borrower to acquire title to the Property, this Security InsU'ument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that tile 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. e..-6(PA) (00081 Pag.1. of 16 ,"",.,,,.d Form 3039 1101 Boodt81rA. S4S . 101 DO' 6345 '. . . BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants conlllined in this Security lnstrument and in any Rider executed by Borrower and recorded with it. Wilnesses: Of ..6(PA) (ODOR) ., (Seal) .Borrower (Seal) .Borrowc:r (Seal) -Borrower ~#I~~~ SCOTT S STROMAN (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Pag8150116 Form 3039 1/01 8DOd~1 ~4ut .941 '- . . <101001-6345 Certificate of Residence l \ I, --::r cW/l.c9- W. -:ch'\tA'so , do hereby certifY that the correct address of the within-named Mortgagee is MIDDLESEX CDRP. CENTER 11TH FL, 213 COURT ST., MIDDLETOWN CT 06457 Wimess my hand this 2nd day of Apr ii, 2001 ~~g.",OfMortg.g.C COMMONWEALTH OF PENNSYLVANIA, Cumberland Counly ss: On this, the 2nd day of Apr ii, 2001 undersigned officer, personally appeared SCOTT S STROMAN , before me, the known to me (or satisfaclOrily proven) to be the person(s) whose name(s) is/are subscnbed to the within insbUment and acknowledged that he/she/they e>tecuted the same for the purposes herein contained. IN WITNESS WHEREOF. I hereunto set my hand and official seal. My Commission Expires: J NoIoriaJ Seal Wlnlom R. Lindsley, Notary Public Lower Allen Twp.. Cumbe~eiKl County ".." My CommI..1on Expires Nov. 2~. 2003 _'In "'It ~\'l\\\IIl.l. R. L /"tlr~l' Member, PennsytvaniB As9DdBllon 01 Notaries ,i,"'..........,~., '., ,:;.....0.- ,.......C'" JI..... ! ~..~."".......- (," .: ::tlq~ '~ . "IV', rift '\ ,'.1' ' .... ~ : ..... ~ . 'G,',,,:: ..!,', . :- ~: ~ ~.' (J 0 ~~,,"... l .. ," '-. ~.. . .,....... .....,... "Y' ,\,-:,..... .............. ~R, ~ NOIA-~'1 fJUUI<'.. Tille of Officer I Certify this to be recorded In Cumberland County P A . . ", ~r' :Ju~'L .-6(PA) (000 ~" Pa,,' ,"" i>> . . . ,.. Recorder of Deeds toodsS? Nil[ 848 '"".I""~ Form 3039 1/01 110100163451 06-01-01 . . LeaalDescriDtion Exhibit "A" ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Eastern side of Center Drive which point measured along the Eastern side of Center Drive, is 215 feet south of the southwest corner of Center Drive and Clemson Drive and which point is also at the southwest Corner of Lot No. 114, on the Plan of Lots hereinafter referred to; thence eastwardly at right angles to Center Drive and along the southern line of Lot No. 114 aforesaid 125 feet to a point at the western line of Lot No. 117 on the Plan of Lots hereinafter referred to; thence southwardly along the western line of Lots Nos. 117 and 118 on the Plan of Lots hereinafter referred to 80 feet to a point at the northern line of Lot No. 112 on the Plan of lots hereinafter referred to; thence westwardly at right angles to Center Drive and along the northern line of Lot No. 112 aforesaid 125 feet to a point at the eastern side of Center Driyei thence northwardly along the eastern side of Center Drive aforesaid 80 feet to a point, the place of BEGINNING. BEING Lot No. 113 on Plan No.1, Cedar Cliff Manor, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 6, Page 33. HAVING THEREON ERECTED a ranch type dwelling known and numbered as 4 Center Drive, Camp Hill, Pennsylvania. llG\ld~87 fAllt .949 VERIFICATION Scott Hamilton, Litigation Coordinator, and duly authorized representative of Mortgage Lenders Network USA, Inc., Agent for Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief. c~~ o t Hamilton Litigation Coordinator Mortgage Lenders Network USA, Inc. Loan No. 1010016345 Stroman ~~~ \" [ .Crt ~ ~ s ~ ~ -::tJ ~.c:p:: ~~ '< o ~--~.~ .' , .- I ,. ~ '- J 8 'oJ SHERIFF'S RETURN - REGULAR CASE NO: 2003-04091 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NATIONAL ASSOCIATION VS STROMAN SCOTT S 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 STROMAN SCOTT S the DEFENDANT at 1614:00 HOURS, on the 8th day of September, 2003 at 4 CENTER DRIVE CAMP HILL, PA 17011 by handing to DOROTHY STROMAN, MOTHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.66 .00 10.00 .00 37.66 r~-~~ R. Thomas Kline 09/09/2003 GRENEN & BIRSIC Sworn and Subscribed to before By: c- Sheriff "- me this /1 ~ day of ~ .20-0...3 A.D. /\ a~ ~onotary ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term ISSUE Nillv1BER: Plaintiff, vs. TYPE OF PLEADING: Praecipe to Reinstate Civil Action - Complaint in Mortgage Foreclosure SCOTT S. STROMAN, Defendant. CODE- FILED ON BEHALF OF PLAINTIFF: Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Bi.rsic, Esquire Pa. J.D. # 48450 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 BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, Defendant. PRAECIPE TO REINSTATE CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE TO: PROTHONOTARY SIR: Kindly reinstate the Civil Action - Complaint in Mortga.ge Foreclosure with respect to the above-referenced matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. By: ~I / ~ AVr/dai//L Attorneys for PI 'ntiff (') :;~; '" C:;) = -=- '-- ~;; , .t:" ~-:'" ;-, o -n .--< :L,--; nlF:::: :;]Q C){.!...) :;t =""-, ~~? (~)' ("";,--n -~::, -'> N ;--:2 0:> -;--, SHERIFF'S RETURN - REGULAR CASE NO: 2003-04091 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NATIONAL ASSOCIATION VS STROMAN SCOTT S CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STROMAN SCOTT S the DEFENDANT at 1529:00 HOURS, on the 16th day of June , 2004 at 4 CENTER DRIVE CAMP HILL, PA 17011 by handing to DOROTHY STROMAN, MOTHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.66 .00 HI.OO .00 37.66 .r~~~ R. Thomas Kline Sworn and Subscribed to before 06/17/2004 GRENEN & BIRSIC --:-:_~.7I ~ U::r cf ~;~/'s~~ By: me this .<il ~ day of ~ thp ;2<J()cf A.D. () ~ 1/[tJij;, Prothonotary . SHERIFF'S RETURN - REGULAR CASE NO: 2003-05086 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SINGER JESSICA L VS SINGER GARY L JR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon SINGER GARY L JR the DEFENDANT , at 1035:00 HOURS, on the 14th day of June , 2004 at 400 SOUTH HANOVER STREET CARLISLE, PA 17013 by handing to GARY SINGER a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answe~ ~ .~ -f~ 18.00 3.45 .00 10.00 .00 31.45 R. Thomas Kline 00/00/0000 LS Sworn and Subscribed to before By: me this .z~~ day of ~ .J...~<( A.D. fl. ~ () 7'h.d.t,~ L~'r' '-- i1fr6t.honotary ,-,-, SHERIFF'S RETURN - REGULAR CASE NO: 2003-05090 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARWOOD KELLY L VS GARWOOD RICHARD S RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon GARWOOD RICHARD S the DEFENDANT , at 0945:00 HOURS, on the 14th day of June 2004 at STARDUST MOTEL #118 1502 HOLLY PIKE CARLISLE, PA 17013 by handing to RICHARD GARWOOD a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 .f"~~ R. Thomas Kline 00/00/0000 LS Sworn and Subscribed to before By: me this ~~~ day of ~ J(X)<-( A.D. (J . Q lh.<-bQ.~-, /lO..r, ~thonotary ,'--r-' SHERIFF'S RETURN - REGULAR CASE NO: 2004-01508 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK N A VS TOOLE BRUCE G DAVID MCKINNEY , Sheriff or Deputy Sheriff of cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon TOOLE BRUCE G the DEFENDANT , at 1240:00 HOURS, on the 16th day of June 2004 at 116 4TH AVENUE NEW CUMBERLAND, PA 17070 by handing to POSTED PROPERTY AT 116 4TH AVE NEW CUMBERLAND a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 18.00 11.73 6.00 10.00 .00 45.73 .~%!~~ R. Thomas Kline Sworn and Subscribed to before 06/17/2004 GRENEN & BIRSIC ]) Depuf{~~ By: me this ;(:l~ day of ~ dOfJ'1 A.D. (I. o. Q ~ - ~othonotary .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, ISSUE NUMBER: vs. TYPE OF PLEADING: SCOTT S. STROMAN, Defendant. PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: I hereby certify that the address of Plaintiff is: 2255 North Ontario Street #40 Burbank, CA 91504-3120 Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent COUNSEL OF RECORD FOR THIS PARTY: the last known address of Defendant is: 4 Center Drive Camp Hill, PA 17011 Daniel J. Birsic, Esquire Pa. LD. # 48450 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, P A (412) 281-7650 GRENEN & BIRSIC, P.C. 6/4f- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, Defendant. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Scott S. Stroman, in the amount of$130,530.64, which is itemized as follows: Principal Interest to 7/20/04 Late Charges to 7/20/04 Escrow Deficiency to 7/20/04 Other Fees Attorneys' fees Title Search, Foreclosure and Execution Costs TOTAL $108,378.77 $ 9,440.57 $ 1,908.10 $ 1,127.41 $ 5,925.79 $ 1,250.00 $ 2,500.00 $130,530.64 with interest on the principal sum at the rate of$25.29 per diem from July 20,2004, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY D;J~&6~ - Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS: ) COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Daniel J. Birsic, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant was not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices 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 this~dayof~ .0. ~ ,2004. ~-u ~.~C"\) AG-... ."'!'\\. \--<:'~ Notary Public COMMONWEALTH OF PENNSYLVANIA Nolarial Seal Patricia A. Townsend. Notary PullIt; City Of Pittsburgh. Allegheny County My Commission Expires June 2, 2007 Member. Pennsyfvania Association Of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, Defendant. , TO: Scott S. Stroman 4 Center Drive Camp Hill, PA 17011 DATE OF NOTICE: July 8, 2004 IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEloJUNG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA TlON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 GRENE1'I & BIRSIC, P.c. By: Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, P A 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREP AID C ;0 {J -lQ. ~ ~ ~ 6 F ~! ~ ~ ~ D P- k~t J r." '0..' C" (~~ ,...., (;:":') C':'.~l o -'n -1 -,- fhIl -nh1 :(JCJ. () 1 :-~C) ~~~~ ~~; C)H! _~-.I r~ <',.... :.< <:.~ (.) C) -'C'i ::J.:. '" .r:- r...) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc"v!gent ( ) Confessed Judgment (XX) Other File No. 03-4091 Civil Term Caption: Amount Due $130,530.64 Scott S. Stroman Interest $3,877 .04 Atty's Comm Costs 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) County, See attached descriprion 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 8(J3(o'{ Signature: Print Name: Address: ~/?/L_ Daniel J. ~SiC, Esquire One Gateway Center, 9th Floor Pittsburgh, PA 15222 Attorney for: Telephone: Plaintiff 412-281-7650 Supreme Court 10 No.: 48450 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ~ r- r --c;,. ~ ~~ ...... ~-lQ. '" ..()~WW~ fL :-- ~ )J ~ 8 w . . ~~C1) fYl ~ 01 c"1 t"S'o ..() ,... CC()r-6'""cy ~ "- I ~ ~ t; 1'f0 I J I I .... - ~~ -.() r ~ ~ ~ ~ - ~ ~ -f- . . ~.~ ::: - ~ - - o c -~ s. aJe;. "l"i- "T' ~r;~: ::0;,: ~.....~- ;i!;c /-0 "-;C :z ~ ....., = = .r' o -n .-l "'" :C"T> ~ I~Fn f') -"-10 0"' Sc> :.:;~{ 'ii<") ,.--:::;.rn ';::4 1;; :~ -u ::Ii' ~ c...:> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, Defendant. LONG FORM DESCRIPTION ALL that certain tract or Parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at the point on the Eastern side of Center Drive which point measured along the Eastern side of Center Drive, is 215 feet South of the Southwest comer of Center Drive and Clemson Drive and which point is also at the southwest comer of Lot No. 114, on the Plan of Lots hereinafter referred to; thence eastwardly at right angles to Center Drive and along the southern line of Lot No. 114 aforesaid 125 feet to a point at the western line of Lot No. 117 on the Plan of Lots hereinafter referred to; thence southwardly along the western line of Lots Nos. 117 and 118 on the Plan of Lots hereinafter referred to 80 feet to a point at the northern line of Lot No. 112 on the Plan of Lots hereinafter referred to; thence westwardly at right angles to Center Drive and long the northern line of Lot No. 112 aforesaid 125 feet to a point at the eastern side of Center Drive; thence northwardly along the eastern side of Center Drive aforesaid 80 feet to a point, the place of BEGINNING. BEING Lot NO. 113 on Plan No.1, Cedar Cliff Manor, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 6, page 33. HAVING thereon erected a ranch type dwelling known and numbered as 4 Center Drive, Camp Hill, Pennsylvania. BEING the same premises which Scott S. Stroman, single and Dorothy 1. Stroman, widow, by Deed dated April 2, 2001 and recorded in the Office of the Recorder of Deeds of Cumberland County on April 4, 2001 in Deed Book Volume 242, Page 231, granted and conveyed unto Scott S. Stroman, single. UNDER and subject to any and all covenants, conditions, reservations, restrictions, limitations, right- of-ways, objections, easements, agreements, etc., as they appear of record. GRENEN & BIRSIC, P.C. B, D~ttf:~ Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, BY MORTGAGE LENDERS NETWORK USA, INC., AGENT Plaintiff (s) From SCOTT S. STROMAN NO 03-4091 Civil CIVIL ACTION - LAW (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendaut(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachmeut has been issued; (b) the garnishee(s) is enjoined 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) Ifproperty of the defendant(s) uot levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $130,530.64 Interest $3,877.04 Atty's Comm % Ally Paid $157.32 Plaintiff Paid Date: AUGUST 26, 2004 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary . n ~ ~~J'.?g ~"/.CCUd'~ Deputy REQUESTING PARTY: Name DANIEL J. BIRSIC, ESQillRE Address: ONE GATEWAY CENTER, 9TH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412.281.7650 Supreme Court ID No. 48450 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, Defendant. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Daniel J. Birsic, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 4 Center Drive, Camp Hill, Pennsylvania 17011 is, Defendant, Scott S. Stroman, who resides at 4 Center Drive, Camp Hill, Pennsylvania 17011, to the best of his information, knowledge and belief. ffi'~~/(~ SWORN TO AND SUBSCRIBED BEFORE ME THIS (V~A Y OF A\, <(S'-" t , 2004. (}),a";\~~~-n'> f~~ ,")'L~h...(--\) Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia A. Townsend, Notary Public City Of Pittsburgh. A1legh,my County My Commission Expires June 2. 2007 Member, Penns~vania Aswciation Of Notaries , (') c ~t~' . j"t\ ......:c: 7f' en;!' !;?C i~ -'7 ~ ,...., "'" ~ );JP' C. G"> N 0" -u ::I: '1:) C..."J o -n 1.-" rn- tn :gO 9,rd -r-41 ,.~....- '2.~ C;' ~i~, :.o(:~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, Defendant. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974,41 P.S.10L ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTHOFPENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Daniel 1. Birsic, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on June 26, 2003, Defendant was mailed a Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 by certified mail, return receipt requested, and first class U.S. Mail. Plaintiff was not required to send Defendant a separate Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974,41 P.S. ~lOl, et seq., as a result of sending the Act 91 Notice. d~{5~ SWORN TO AND SUBSCRIBED BEFORE ME THIS ~~~ DAY OF f~ ~. ,,*=, ,2004. G.c\&'L,",'~db)f\~ COM~~PENNSYLVANIA Notarial Seal Palrida A. TOlWlsend, Notary Public City Of Piltsburgr,. Ailegheny County My Commission Expires June 2. 2007 Member. Pennsylvania As.o;odation Of Notaries . g ~ -U.\~i,) C-~~ L,.,_, :;::: 'i~ . OJ,!' , ~<- r;;.\_' '2; (' :z r, -,- Y'C ~ ~ '.:2 :P- c:. G" N 0" '"" ~ t.:."'i o -n .-\ ::r.:...,..\ r"F:: ""'Cl,n- :o'}' ~-3 ~? '1-.-'1\ ~~~ ,:::, .",. 'E:~ <~, - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Scott S. Stroman located at 4 Center Drive, Camp Hill, Pennsylvania 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF SCOTT S. STROMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 4 CENTER DRNE, CAMP HILL, PENNSYLVANIA 17011. DEED BOOK VOLUME 242, PAGE 231, TAX MAP NUMBER 13- 24-0805 AND PARCEL NUMBER 070. 1. The name and address of the owner or reputed owner: Scott S. Stroman 4 Center Drive Camp Hill, P A 17011 2. The name and address of the defendant in the judgment: Scott S. Stroman 4 Center Drive Camp Hill, P A 17011 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent PLAINTIFF 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Bureau of Individual Taxes Inheritance Tax Division, Dept. 280601 Harrisburg, PA 17128-0601 Department of We If are Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 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. ~4904 relating to unsworn falsification to authorities. Dd&,~~ Attorney for Plaintiff SWORN to and subscribed before me this 6>3cr:J day of f\v (:) , "'-\-: , 2004. ~c\~q "'1C'\,\A~J""",- NJJ<i0 Notary Public COMMONWEALTH OF PENNSYLVANIA Notanal Seal Patricia A. Townsend, Notary Public City Of Pitlsburgh. Allegheny County My Commission Expires June 2, 2007 rvtember, Pennsylvania Association Of Notaries (") c -oED Q}tI; 2:C U~~':, 2:e, :!""; '-,' ~~~ (j )>c -;r 3- ...., = ,= -"" ".. c: c;o:; ", cr> "<, ..,.. -'" c> ";"1 --, I-rj Il"Ij'-C::: 1'"frn .0 ~..-, I ()Cl ~.~~ ~,;:; ~S,i~ f':~(' . , :::~ :....... ~,? u.' ',II .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Scott S. Stroman 4 Center Drive Camp Hill, P A 17011 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 Commissioners Hearing Room, 2nd Floor 1 Courthouse Square Carlisle, P A 17013 on December 8, 2004 at 10:00 A.M., the following described real estate, of which Scott S. Stroman is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF SCOTT S. STROMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 4 CENTER DRNE, CAMP HILL, PENNSYLVANIA 17011. DEED BOOK VOLUME 242, PAGE 231, TAX MAP NUMBER 13- 24-0805 AND PARCEL NUMBER 070. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent, Plaintiff, vs. Scott S. Stroman, Defendant, at Execution Number 03-4091 Civil Term in the amount of$134,407.68. 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 ofthe 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 ofthe 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 time and place of sale. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 800-990-9108 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 Sheriff's 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 ofthe Complaint for Mortf!:age 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 Sheriff's 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 (1 0) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: ,(jl ~-;7~~ Daniel J. Birisc, :6q~ire Attorney for Plaintiff . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, , , Defendant. LONG FORM DESCRIPTION ALL that certain tract or Parcel ofland and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at the point on the Eastern side of Center Drive which point measured along the Eastern side dfCenter Drive, is 215 feet South of the Southwest corner of Center Drive and Clemson Drive and which point is also at the southwest corner of Lot No. I 14, on the Plan of Lots hereinafter referred to; thence eastwardly at right angles to Center Drive and along the southern line of Lot No. 114 aforesaid 125 feet to a point at the western line of Lot No.1 17 on the Plan of Lots hereinafter referred to; thence southwardly along the western line of Lots Nos. I 17 and 118 on the Plan of Lots hereinafter referred to 80 feet to a point at the northern line of Lot No. 112 on the Plan of Lots hereinafter referred to; thence westwardly at right angles to Center Drive and long the northern line of Lot No. 112 aforesaid 125 feet to a point at the eastern side of Center Drive; thence northwardly along the eastern side of Center Drive aforesaid 80 feet to a point, the place of BEGINNING. BEING Lot NO. 113 on Plan No. I, Cedar Cliff Manor, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 6, page 33. HAVING thereon erected a ranch type dwelling known and numbered as 4 Center Drive, Camp Hill, Pennsylvania. BEING the same premises which Scott S. Stroman, single and Dorothy 1. Stroman, widow, by Deed dated April 2, 2001 and recorded in the Office of the Recorder of Deeds of Cumberland County on April 4, 2001 in Deed Book Volume 242, Page 231, granted and conveyed unto Scott S. Stroman, single. UNDER and subject to any and all covenants, conditions, reservations, restrictions, limitations, right- of-ways, objections, easements, agreements, etc., as they appear of record. , , GRENEN & BIRSIC, P.c. d' ,J ',~/ ~ By: /,~// / ),~' Daniel J. Birsic,tEsquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 (") ~; ~~- -:..Ji;i:: r\1?:1 ~~~,~: 0;:; r;c; ~-. is i~) :J:>c ? ""-, =< ,....., = = -"'"' :roo: c. en 1" CT> o -n -. ::r:-, 111-:.... Fn 3'.10 61 -~,~ ='-n 15(~ ;?\rn .-=4 ....,,., ":J :..c: .." 3' <.:? ,~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, Defendant. LONG FORM DESCRIPTION ALL that certain tract or Parcel ofland and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at the point on the Eastern side of Center Drive which point measured along the Eastern side of Center Drive, is 215 feet South of the Southwest comer of Center Drive and Clemson Drive and which point is also at the southwest comer of Lot No. 114, on the Plan of Lots hereinafter referred to; thence eastwardly at right angles to Center Drive and along the southern line of Lot No. 114 aforesaid 125 feet to a point at the western line of Lot No. 117 on the Plan of Lots hereinafter referred to; thence southwardly along the western line of Lots Nos. 117 and 118 on the Plan of Lots hereinafter referred to 80 feet to a point at the northern line of Lot No. 112 on the Plan of Lots hereinafter referred to; thence westwardly at right angles to Center Drive and long the northern line of Lot No. 112 aforesaid 125 feet to a point at the eastern side of Center Drive; thence northwardly along the eastern side of Center Drive aforesaid 80 feet to a point, the place of BEGINNING. BEING Lot NO. 113 on Plan No. I, Cedar Cliff Manor, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 6, page 33. HAVING thereon erected a ranch type dwelling known and numbered as 4 Center Drive, Camp Hill, Pennsylvania. BEING the same premises which Scott S. Stroman, single and Dorothy 1. Stroman, widow, by Deed dated April 2, 2001 and recorded in the Office of the Recorder of Deeds of Cumberland County on April 4, 2001 in Deed Book Volume 242, Page 231, granted and conveyed unto Scott S. Stroman, single. UNDER and subject to any and all covenants, conditions, reservations, restrictions, limitations, right- of-ways, objections, easements, agreem~nts, etc., as they appear of record. GRENEN & BIRSIC, P.e. By: d~// /t~, Daniel J. Birsic,rEsquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION ISSUE NUMBER: Plaintiff, NO.: 03-4091 Civil Term vs. TYPE OF PLEADING: SCOTT S. STROMAN, Defendant. Pa. R.C.P. RULE 3129.2(c)(2)" PURSUANT TO RULE 3129.1 c LIENHOLDER AFFIDAVIT OF SERVICE CODE- FILED ON BEHALF OF PLAINTIFF: () c:: "" (:-:) c .~'J ~t:~ (/) (Yl -.;;) f',) o C) ., .-\ fh =~J ;':'1~) c-_~(:) ~r .1, J,') ~!l _c._') ~ ;)t.1 ~ ,1 . , ..J.;~ -', c., r"-l Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. LD. # 48450 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 28]-7650 SALE DATE: 12/8/04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, Defendant. Pa. RC.P. RULE 3 I 29.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Daniel J. Birsic, Esquire, Attorney for Plaintiff, Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent, 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 Plaintiffs Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated August 24, 2004, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", 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. GRENEN & BIRSIC, P.C. BY: dC/\/\-/~/L Daniel J. Birsic, Esqiure Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before methis~ayof _~J'('I\CJplJ2004. G0'i\~('Qo')f\C\~ Q~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patrida A. Townsend, Notary Public City Of Pittsburgh. Allegheny County My Commission Expires June 2, 2007 Member, Pennsyivanl8 AssOCIation Of Notanes EXHIBIT "A" . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYL V ANlA ) ) SS: COUNTY OF ALLEGHENY ) Bank One, National Association, as Trustee for Residential :Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following mformation concerning the real property of Scott S. Stroman located at 4 Center Drive, Camp Hill, Pennsylvania 17011 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF SCOTT S. STROMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYL V ANlA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 4 CENTER DRNE, CAMP HilL, PENNSYLVANIA 17011. DEED BOOK VOLUME 242, PAGE 231, TAX MAP NUMBER 13- 24-0805 AND PARCEL NUMBER 070. . . 1. The name and address of the owner or reputed owner: Scott S. Stroman 4 Center Drive Camp Hill, PA 17011 2. The name and address of the defendant in the judgment: Scott S. Stroman 4 Center Drive, Camp Hill, P A 17011 3. The name and last known address of eve!)' judgment creditor whose judgment is a record lien on the real property to be sold: Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent PLAINTIFF 4. The name and address of the last record holder of eve!)' mortgage of record: Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent PLAINTIFF 5. The name and address of every other person who has any record hen on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 P A Department of Revenue Bureau of Individual Taxes Inheritance Tax Division, Dept. 280601 Harrisburg, PA 17128-0601 Department of Welfare Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of eve!)' 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. /' y /;. / // {/ ;-:\--1 -!~; _ ~~-.,--.J~--r.- 'L:;;..---L_ Daniel J. Birsic,Esquire Attorney for Plamtiff SWORN to and subscribed before me this ,~:=\cc1 day of ~\, . (6 . .~'- ~ '. ,2004. '~ . c'\ 1', .-/ ". \. ~,c\"" \ c", ""(\ '\'-01 '""<, ~~-'--C ') / Notary Public COMMONWEALTH OF PENNSYLVANIA Notalial Seal PatJida A. Townsend, Notary Public City Oi' Pittsburgh, Allegheny County My Commission Expires June 2, 2007 k1eml)~', PGnr;sv1~'<1ni" J\c.8:X..-::a1ior: Of Nolarie:o = CT' 1i,' , J ~. ,..<;,,-'.... '~ ,~ ? ., v <f. ~,~ l /" ~- . E5,\' (j) 0, 'g] .... J; -.. _ ll!(j ~ ~~~-g_~:r: i .00. ~ Cl.1/l- c_ C'CI E ell C~:E; "f:Cl: 0 ,Si"2.!lS'O (tl.... q; C"'j {f.l!l III III ~ EO ct . X gs:iE ~~ l2i.! u.. I .- -1;'" O' I :i~ti'5 o:.Q I f ~ I Ii ~ .d ,! ]. '6 ~'2~o i ~ a: e "'C S E.a 8~;:l! r!fr!f~~ oooc' o l ..s: tf, a; ~- E 0 gij ~ 0" $ j P'O~' '0 ~o~ ~i (1l ~ 8~ ~.E S o c....' 'S " ", <5 'cc E ~ 00000 o . .c CJ r;:; !9 "" ~ '0 C . Ul '0 ~ ~ . -0 '0 '" " 0; . E " z U N oN p.;el~ JI:.... HI:l< gaUp.; H ~ .! E , z - " 'E ~ a < iB ..~~ !:i",,,, !:i~!:: ",IilH ~C,:.; ~o ~8 ~~ '2- ;i E> H - - >~ ~g nil: <~ & r- Jll ""' ~ ! ~ " " ~ " ~ 0<<: NP-< ""' ~: a;; 0....-11 ~i.~! .:.....-11 0: \-I! .1 rot P-liui u .... ... Ul " 1'3 o "" '" " Ul '" " .... 0 " .... " ... ..0 '" 1'3.... :l " uO:: ""' .... o r- .... . "-' o ... " " 1'3 ... " '" p.; " "" <<: Po; I. 1'- o ""' r- ""' Ul " K " '" 0 '" .... Ul .... .... oj i> :l H "''''' .... i> K .... '" "'''' " H " U "-' " o '" ... :l .... oj " " " ><..0 :l " "'H " :l " " i> " 0:: . " " ,;::[ ~ ........ " <i::J: < ~4-llf"\ ~ ....--l ; 0 r--. ~w~~eo ~l~~~ ... oj " 0... 0..0 \-l Q) <U' Cil "" ""Po;~ o ""' r- ""' "' o .... r- H < Po; "-' o ..0 ... H oj " ~ o ~ o u "'" I I iw) '" I :c ., .. ~ t II: c: o E ~ GO ;; ~ Ul (3 .. >- Q . > "' 0. . . Ul c . "- 1: i .. III 6 '" .5 .: J . !. ,., I- ,., .0 . .. ~tl r ICJ ! .~'l t. ~I i ~ - E ~ o "- " . s ]; " 12. I~ i ~ Ie v,J I .~ ~5 ~~ o 0 -"- ]- E . i~ 'iil i'-a: '" ~ o :g, [ N o 8 ~ . = is . u. ,.: ... .. '" E to u. Ul "- " oJ ~ ""' . 0: _ o~ - 0 . - ~'" , > z~ 'is c..!!l !r-....i ,..-' 0 ,~ c:::> -n c:- C.f) ..... -,.- f"'\ r,"jfJ -' J ......\"..-1 f',) :.J'9 (:::> (. -~C) -'-:1 '-r! '_,~; r' ',) ;Ti (,,) ..\ '~ ...:-:.~ ~;l -, r.....:; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CNIL DIVISION ISSUE NUMBER: Plaintiff, NO.: 03-4091 Civil Term vs. SCOTT S. STROMAN, TYPE OF PLEADING: Defendant. Pa. RC.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS CODE- FILED ON BEHALF OF PLAINTIFF: Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. J.D. # 48450 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: 12/8/04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA BANK. ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, Defendant. Pa. R.c.P. RULE 3 1 29.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Daniel J. Birsic, Esquire, Attorney for Plaintiff, Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiff's notice of the sale of real property in this matter on December 8, 2004 as follows: 1. Scott S. Stroman is the owner of the real property and has not entered an appearance of record. 2. By letter dated August 24, 2004, the undersigned counsel served Defendant, Scott S. Stroman, with a true and correct copy of Plaintiff's notice Oflhe sale of real property by certified mail, restricted delivery, return receipt requested, addressed to 4 Center Drive, Camp Hill, Pennsylvania 17011. On or about August 28, 2004, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriffs Sale. A true and correct copy of the returned certified mail receipt, is marked Exhibit "A", 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. GRENEN & BIRSIC, P.C. BY: ,r/ ti,;/L ~ES ire Attorneys for Plaintiff One Gateway C(mter, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS /:9%AY Of~, 2004. CYd\\'I((,-~ A~0''"n\~ Notary Public COMMONWEALTH .QF PENNSYLVANIA Not2liial Seal . PatJida A. Townsend, Notary Public City Of Pittsburgh, Allegheny County7 M Commission Expires J~ 200 Y __. ., '. A"socia:ion Of Notanes Member, PennSy,Vanl3 v EXHIBIT "A" , """_';'___">:_F,:~_(_',' ".:",':'-'i" "-_,"'.':: ,;",-,:" __.' . ~ it8ms 1. 2. a!Jd 3. AlSo complete Rem 4 iI.Restneted DeliVGly is desired. · Print.yournart1<i'and address <lrUbe reverse so:th8tYfe canre~rnthecardtoyou. . Attach this catd to 1he back of the mailplece;' or on tbe front if space permits. 1. Article'AddreSsed to: .$:-0 it S. $-tn> W\a. '" 1 C2.1tu- D.r-; vf- G;.""I" H;(I I t4 /7DII DVes ONo .~ '..:.~ 3. ServIce Type ..&rCertlfied Mall o Registered D Insured Mall 4.~ o 'Express MaJI ~etum ReceipUor Merchandise o C.O.D. ~W -4"~' 2. ArtIcle !'iun:tber , , c' (Tran~' ~,servlCf3_Jabed , PS Forni 3131 t. FStiru~ry 2004 7004 0750 0003 5672 7807 DomElstic Return Recelpt 102595-0.2-M-1540 o c- ::;: ....., ~---;;> t;;;;;""} "'- u., P'T -0 C) 'n '-1 j;r~?:! -n ;-:""'J C:J --j', -.,j ,,~ CJ " c, '"',J Bank One, National Association VS Scott S. Stroman In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4091 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states thi writ is returned STAYED per instructions from Attorney Daniel Birsic. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Mileage Levy Law Library Prothonotary Surcharge Law Journal Patriot News Share of Bills 30.00 2432.70 15.00 15.00 18.50 15.00 .50 1.00 20.00 339.80 319.06 30.42 $ 3236.98 Sworn and subscribed to before me This /3 ~day of 9...."/ 2005,A.D.9-r r;: 'nu€. "~' Prothonotary SOA~ ._ ~ -~~~ R. Thomas Kline, Sheriff BYJo~Y, Real Estat Deputy 1."'0 (j'l..'1F;1:i'~ ~ 1:>9)3) , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV A BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Bank One, National Association, as Trustee for Residential Funding Corporation, b Mortgage Lenders Network USA, Inc., Agent, Plaintiff in the above action, sets forth as of he date the Praecipe for the Writ of Execution was filed the following information concerning he real property of Scott S. Stroman located at 4 Center Drive, Camp Hill, Pennsylvania 1701 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF SCOTT S. STROMAN F, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWE LING BEING KNOWN AND NUMBERED AS 4 CENTER DRIVE, CAMP HILL, PENNSYLVANIA 17011. DEED BOOK VOLUME 242, PAGE 231, TAX MAP NUMB R 13. 24-0805 AND PARCEL NUMBER 070. I. The name and address of the owner or reputed owner: Scott S. Stroman 4 Center Drive Camp Hi1\, PA 17011 2. The name and address ofthe defendant in the judgment: Scott S. Stroman 4 Center Drive Camp Hill, P A 17011 3. The name and last known address of every judgment creditor whose judgment is a record en on the real property to be sold: Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent PLAINTIFF 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle,PA 17013 P A Department of Revenue Bureau of Individual Taxes Inheritance Tax Division, Dept. 28060 Harrisburg, P A 17128.060 I Department of Welfare Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, P A 171 05 6. The name and address of every other person who has any record interest in the property d whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiffhas knowledge who has an 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 ma subject to the penalties of 18 Pa. C.S.A. \\4904 relating to unsworn falsification to authorities. / ,/ ..>t /I.--.;i/l._ Daniel J. Birsic,iEsquire Attorney for Plaintiff SWORN to and subscribed before me this iy?-,\d day of f~v '"?< .,;\ ,2004. /::) c\ .::'\ r'. .....~ /- C't;! c~" \,., C". & '1 ~l ,'~'", ;:,e,,.C\).' Notary Public COMMONWEALTH OF PENNSYLVANIA ! Notarial Seal I Pallicia A TO'M1send, Nolaly Public City Of Pittsburgh, Allegheny County My Comm!ssion Exp~res June 2, 2007 !\~mber, PE~;-;0v,,'li;= A.;;;;:;;t;oo or Notaries f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV AN BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Scott S. Stroman 4 Center Drive Camp Hill, PA 17011 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Cou of Common Pleas of Curnberland County, Pennsylvania, and to the Sheriff of Cumberland Co nty, directed, there will be exposed to Public Sale in the Cumberland County Courtbouse Commissioners Hearing Room, 2nd Floor I Courtbouse Square Carlisle, PA 17013 on December 8, 2004 at 10:00 A.M., the following described real estate, of which Scott S. Stroman is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF SCOTT S. STROMAN F, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWJNG DESCRIBED REAL EST ATE SITUATED IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWE LING BEING KNOWN AND NUMBERED AS 4 CENTER DRIVE, CAMP HILL, PENNSYLVANIA 170 I I. DEED BOOK VOLUME 242, PAGE 23 I, TAX MAP NUMB R 13- 24-0805 AND PARCEL NUMBER 070. . The said Writ of Execution has been issued on a judgment in the mort a e foreclos action of Bank One, National Association, as Trustee for Residential Funding Corporation, by Mortgage Lenders Network USA, Inc., Agent, Plaintiff, vs. Scott S. Stroman, Defendant, at Execution Number 03-4091 Civil Term in the amount of $134,407.68. . Claims against the property must be filed with the Sheriff before the above sale date Claims to proceeds must be made with the Office ofthe Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thi y (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 ofDistributio IS filed in the Office of the Sheriff. This paper is a notice of the time and place of sale. It has been issued because ther 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 ore 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 Y LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 800-990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your prope . 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 Mort a Foreclosure and Notice to Defend, you may have the right to have the judgment opened if yo 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 ordina Iy be delayed pending a trial ofthe issue of whether the plaintiff has a valid claim to foreclose t e mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not mad 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 wo Id 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 t e Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate an other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET AS IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FIL PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE D ED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (1 0) DAYS FRO THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE 0 THE SHERIFF. GRENEN & BIRSIC, P.C. ~j ,c /' . / / /c .//'// 4 By. ~Y , .'t.....-"\.--, ' , -"<.--i.../i._ Daniel J. Birisc, tsquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA BANK ONE, NATIONAL ASSOCIATION, as TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, by Mortgage Lenders Network USA, Inc., Agent, CIVIL DIVISION NO.: 03-4091 Civil Term Plaintiff, vs. SCOTT S. STROMAN, . , Defendant. LONG FORM DESCRIPTION ALL that certain tract or Parcel ofland and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at the point on the Eastern side of Center Drive which point measured along the Eastern side dfCenter Drive, is 215 feet South of the Southwest corner of Center Drive and Clemson Drive and which point is also at the southwest comer of Lot No. 114, on the Plan of Lots hereinafter referred to; thence eastwardly at right angles to Center Drive and along the southern line of Lot No. 114 aforesaid 125 feet to a point at the western line of Lot No. 117 on the Plan of Lots hereinafter referred to; thence southwardly along the western line of Lots Nos. 117 and 118 on the Plan of Lots hereinafter referred to 80 feet to a point at the northern line of Lot No. 112 on the Plan of Lots hereinafter referred to; thence westwardly at right angles to Center Drive and long the northern line of Lot No. 112 aforesaid 125 feet to a point at the eastern side of Center Drive; thence northwardly along the eastern side of Center Drive aforesaid 80 feet to a point, the place of BEGINNING. BEING Lot NO. 113 on Plan No. I, Cedar Cliff Manor, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 6, page 33. HAVING thereon erected a ranch type dwelling known and numbered as 4 Center Drive, Camp Hill, Pennsylvania. BEING the same premises which Scott S. Stroman, single and Dorothy 1. Stroman, widow, by Deed dated April 2, 200 I and recorded in the Office of the Recorder of Deeds of Cumberland County on April 4, 2001 in Deed Book Volume 242, Page 231, granted and conveyed unto Scott S. Stroman, single. , UNDER and subject to any and all covenants, conditions, reservations, restrictions, limitations, right- of-ways, objections, easements, agreements, etc., as they appear of record. , . GRENEN & BlRSIC, P.C. t! / ~~ By: 4.l{/1A''''';'' / h-c-~' Daniel J. Birsic, squire' Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, P A 15222 (412) 281.7650 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-4091 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING CORPORATION, BY MORTGAGE LENDERS NETWORK USA, INC., AGENT Plaintiff (s) From SCOTT S. STROMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE 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 notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defenda (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as garnishee and is enjoined as above stated. Amount Due $130,530.64 Interest $3,877.04 Atty's Comm % Atty Paid $157.32 Plaintiff Paid Date: AUGUST 26, 2004 LL $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Deputy REQUESTING PARTY: Name DANIEL J. BIRSIC, ESQUIRE Address: ONE GATEWAY CENTER, 9TH FLOOR PITTSBURGH, P A 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 48450 Real Estate Sale #42 On September 0 l, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, P A Known and numbered as 4 Center Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 0 l, 2004 By: JedJj J~ Real Estate Deputy t'~ 'i "3d ",..,r" '(" .. c Ai ~, z.:i:"t.. "'-.''-' ~ ~ REAL ESTATE SALE NO. 42 . Wrtt No. 2003-4091 Civil Bank One, National Association, as Trust for Residential Funding Corporation. by Mortgage Lenders Network USA, Inc., Agent vs. Scott S. Stroman Atty.: Daniel Birsic LONG FORM DESCRIPTION ALL that certa1n tract or Parcel of land and premises. situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylva- nia. more particularly descnbed as follows: BEGINNING at the point on the Eastern side of Center Drtve which point measured along the Eastern side of Center Drtve. is 215 feet South of the Southwest comer of Center Drive and Clemson Drive and which point is also at the southwest cor- ner of Lot No. 114, on the Plan of Lots hereinafter referred to: thence eastwardly at right angles to Center Drive and along the southern line of Lot No. 114 aforesaid 125 feet to a point at the western line of Lot No. 117 on the Plan of Lots herein- after referred to: thence southward- ly along the western line of Lots Nos. 117 and 118 on the Plan of Lots hereinafter referred to 80 feet to a point at the northern line of Lot No. 112 on the Plan of Lots hereinafter referred to: thence westwardly at right angles to Center Drive and long the northern line ofLat No, 112 aforesaid 125 feet to a point at the eastern side of Center Dlive; thence northwardly along the eastern side of Center Drive aforesaid 80 feet to a point. the place of BEGINNING. BEING Lot NO. ll3 on Plan No. I, Cedar Cliff Manor, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 6, page 33. HAVING thereon erected a ranch type dwelling known and numbered as 4 Center Drive, Camp Hill. Penn- sylvania. BEING the same premises which Scott S. Stroman, single and Dor- othy I. Stroman, widow, by Deed dated ApIil 2, 2001 and recorded in the Office of the Recorder of Deeds of Cumberland County on April 4, i 2001 in Deed Book Volume 242, Page 231, granted and conveyed unto Scott S. Stroman, single. UNDER and subject to any and all covenants, conditions, reserva- tions, restrictions, limitations, right- of-ways, objections, easements, agreements, etc., as they appear of record. \ , REAL ESTATE SALE No. 42 Writ No. 2003-4091 Civil Term Bank One, National Association as Trust for Residential Funding , '.' Corp, by Mortgage Lenders Network USA, Inc., Agent , vs' Scott S. Stroman Atty: o:>...iel Blrslc ,~ 'l~~ DESCRIPTION ALL !hat certain tract or Parcef of land aDd premises, situate, lying and being iIi the Township of Lower Allen in the County of ComberiJmd and Commonwealth of Pennsylvania. more particolarly described as foll"1"S: ' BEGINNING at the point on the Eastern side of Center Drive which point measured along lbe Eastern side of Genter Drive, is 215 feet Sonlb of the Sonlbwestcomer of Center Drive . and Clemson Drive and which point is also at the sonthwest comer of 4Jll No. 114,.on lbe Plan of Lots hereinafter referred to; thence eastwardly at right angles to Ceriler Drive and along the southern line of Lot No. 11iaforesaid 125 feet to a point at the western line of Lot No. 117 on the Plan of Lots hereinafter referred to; lberice soulbwanlly along the westein line of Lots Nos. 117 and 118 on lbe Plan of Lots hereinafter referred 10 80 feet to a point at the northern line of Lot No. 112 on th:Plan of Lots hereinafter referred to; thence westwardlyat right angles to Center Drive. and along .lbe northern line of Lot No. 112 aforesaid 125 feet to a point atlbe eastern . side of Center Drive; thence northwardly along the eastern side of Center Drive aforesaid 80 feet to a point, the place of IIEGINNING. BEING Lot NO.,I13.on Plan No.1, Cedar Cliff Manor, recorded in the Office of the. ReconIei: of Deeds in and for Cumberland County; Pennsylvania. inPlan Book 6, page 33, HAVING lbereon erected a ranoh type dwelling known and numbered as 4 Center Drive, Camp IIil1, Pennsylvania. .) . I!EING 1li!' claDi!> . ~..whicb Scott . s. ~,p,glp;'Illid~yr.s . .... ',w.idpW, bytleedd~M'rll2.2UOr~~)n1he Ot1iCeoftbeReConJetof DeedS of C~ ,Coimty un April 4. 2001 in Deed Book \'plume 242, Page 231; granted and conveyed UIl!l)Scott S. Stroman, single. ' UNDER and subject to any and all covenants, conditions,reservations, restrictions, limitations, right-of-ways, objections, easements, agreements, ele., as they appear of record. .