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HomeMy WebLinkAbout07-3618IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY AS TRUSTEE CIVIL DIVISION FOR HOLDERS OF MORTGAGE PASS- THROUGH CERTIFICATES, SACO 1, INC., SERIES 1999-5, AS THEIR NO.: -- 1P ?C? SUCCESSORS AND ASSIGNS, Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE, Defendants. TO DEFENDANTS TYPE OF PLEADING CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: Bankers Trust Company, et al. You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENT20) DAYS FROM SE VICE tMREOF ATTORNEY FOR I)fAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 2780 Lake Vista Drive Lewisville, Texas 75067 AND THE DEFENDANTS IS: 20 W Simpson Street r PA 17 5 Mec n?csburcrl z Is AT P?A T ` °'? CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Bor u of ha is r (C Y BORO, T I W ) c COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D. # 48450 Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 ATTORNEY FOR/PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANKERS TRUST COMPANY AS TRUSTEE CIVIL DIVISION FOR HOLDERS OF MORTGAGE PASS- THROUGH CERTIFICATES, SACO 1, INC., SERIES 1999-5, AS THEIR NO.: SUCCESSORS AND ASSIGNS, Plaintiff, Vs. RONALD D. TRACE AND LORI A. TRACE, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICES CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANKERS TRUST COMPANY AS TRUSTEE FOR HOLDERS OF MORTGAGE PASS- THROUGH CERTIFICATES, SACO 1, INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, CIVIL DIVISION NO. Q Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE, Defendants. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE Bankers Trust Company as Trustee for Holders of Mortgage Pass- Through Certificates, SACO 1, Inc., Series 1999-5, as Their Successors and Assigns, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Bankers Trust Company as Trustee for Holders of Mortgage Pass-Through Certificates, SACO 1, Inc., Series 1999-5, as Their Successors and Assigns, which has its principal place of business at 2780 Lake Vista Drive, Lewisville, Texas 75067 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendants are Ronald D. Trace and Lori A. Trace whose last known address is 20 west Simpson Street, Mechanicsburg, Pennsylvania 17055. 3. On or about June 21, 2006, Defendants executed a Note in favor of Signet Mortgage Corporation in the original principal amount of $76,800.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about June 21, 1996, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Signet Mortgage Corporation a Mortgage in the original principal amount of $76,800.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 25, 1996 in Mortgage Book Volume 1327, Page 666. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Signet Mortgage Corporation assigned all its right title and interest in and to aforesaid Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage; said Assignment being recorded in the Office of the Recorder of Deeds of Cumberland County on April 17, 2000 in Mortgage Book Volume 642, Page 617. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are 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. Defendants are due for the March 1, 2007 payment. 8. On or about March 8, 2007, Defendants were mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 (Act 91 Notice) by first class mail, postage prepaid and certified mail, return receipt requested in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 9. Plaintiff was not required to send Defendants separate Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. 1101, et seq., as a result of sending the Act 91 Notice. 10. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 71,363.78 Interest to 06/12/07 $ 2,211.67 Late Charges to 06/12/07 $ 263.22 Escrow Deficiency to $ 0.00 06/12/07 Corporate Advances $ 27.25 NSF Fees $ 0.00 Attorney's fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $ 77,615.92 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $77,615.92 with interest thereon at the rate of $16.62 per diem from June 12, 2007, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENE BIRSI P.C. BY: Daniel J. Birstc, Esquire Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" NOTE FHA Case No. Multistate 441-5233226/7038 june 21st, 1996 (Datel 20 VAST SIMPSC N STREET MECE AWjCSBLW,, pENNSYLVANIA 17055 [Property Addreul IDan ID: 4267852 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means Signet Mortgage Corporation and its succcGssors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from header, Borrower promises to pay the principal sum of Seventy Six Thousand Eight Hundred and no/100 Dollars (U S. $ 76, 800.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Sight and one half percent ( 8.500 %) per year until the full amount of principal has been paid. ,i. PROMISE TO PAY SECURED Borrower', promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security lnsuument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Leader on the fast day of each month beginning on August 1st 1996 . Any principal and interest remaining on the first day of July 2026 , will he due on that date, which is called the "Mattuity Date." (B) Plans Payment shall be made at P.O. Box 27403, Richmond, VA 23261-7403 or at such place as Lender may designate in writing by noticct. to Boffower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 590.53 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allunge to this Note for payment adjusbmtmts It' an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be. incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box( jOraduated Payment Allonge UGrowing Equity Allonge 00tber (specify) 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment. there will be no changes to the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. FHA muitioate Fixed Rate Now - 10/95 is ' W 0001?NA5E FORMS - (80016217291 v.4n •yti"M• ? V 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Leader may collect a late charge in the amount of Four percent ( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to requite immediate payment in full in the can of payment defaults. This Note does not authorize aoceleration when not permitted by HUD regulatiams. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Paymestt of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the sane rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice; of dishonor. "Presentment" means the right to require Leader to demand payment of amounts due. 'Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES [Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 404) or at :1 different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE It more than one person signs this Note, each person is folly and personally obligated to keep all of the promises made in this Note, including the promise to pay the frill amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amount: owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and cov?an tame l in this Note. (Seal) v (Seal) RONAM D. MICE -Borrower im A. -borrower (Seal) -Bom1wer _ (Seal) -Rom-wer - (Seal) _-- -Borrower - (Seal) -Borrower .- (Seal) -Borrower - (Seal) -Borrower ® -In 19631 P"e2of2 EXHIBIT ' "' ), 3I I Y ? • Lq q Cr,) tD? 0F DEEDS i1?k8Ei?± +D COl1NTY ' 9b Jl?? 25 flit 9 41 Parcel Number: .. -_..-? -------------- ----lSgim Above 1Lia l3ue For Recor?me Ds?aI PURCHASE MONEY FHA Can No. Commonwealth of Pennsylvania MORTGAGE 441-5233226/703B Doan ID: 4267852 THIS MORTGAGE ("Security instrument") is given on June 21st, 1996 The Mortgagor is RONA D D. TRAM and IMI A. TRAM ("Borrower"). This Security Instrument is given to Signet Mortgage Carpo?ration which is organized and existing under the laws of the Cmnoritlaealth of Virginia , and whose address is P.O. Boor 27403, Richmond, VA 23261-7403 ("Lender"). Borrower owes Lender the principal sum of seventy six Thaasand Eight Hundred and no/100-------- ). Dollars (U.S. $ 76,800.00 This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on July 1st, 2026 . This Security Instrument secures to Lauder: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance FHA Pewsylvasia Mortgage - 4/96 GVRIPA1106041 VMP MORTGAGE FORMS - 18001621.72 P.De ' d 6 Innis 8004327 PAGE 666 IMA CRI) of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to the Lender the following described property located in CUMBEFMAAND County, Pennsylvania: SEE ATTACHNOU A which has the address of 20 WEST SIIW" S'1FEB1'r CSBLIRG [street, cityl, Pennsylvania 17055 Izip Co&I ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform c:ovenant% with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, interest trod lane Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Now and late charges due under the Note. 2. Monthly Payment of Taxes, [mutsance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Leader to the Secretary, or (:ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time CRESPA"), except that the cushion or reservo permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payrowts are available in the account may not be based amounts due for the mortgage insurance premium. ®-4R(PA) MCA! P.Q. z of s intfiM" lP BOOK 1327 PAGE it the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to melee up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium bastallment that Lender has not become obligated to pay to the Secretary, and Leader shall promptly refund any excess funds to Borrower. Immodiately prior to a foreclosure, sale of the Property or its acquisition by Lender, Borrower's account shall be credited with may balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Leader as follows: E", to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; EQWh, to amortindon of the principal of the Note; and Ei& to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erocted, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be hold by Leader and shall include loss payable clauses in favor of, and in a form acceptable to, Leader. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Leader, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instuement, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over as amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of Occupancy, unless Lander determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or at4RIPAt iaeo4 Pane 3 of e ..su' Boad32I PAGE 668 abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Leader (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title dull not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delumpient amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Larder's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly famish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other ,:ovenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Leader may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph. 2. Any amounts disbursed by Lander under this paragraph shalt become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Leader, shall be immediately due and payable. 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 Leander; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Accelmtion of Debt. (a) Defadt. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (h) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Darn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701]-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if. 44RIPA) (6604) Pegs e of 9 BOOK1327racE 669 (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Leader does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Rel dabons of MM Secretary. In manly circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in frill and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortpp Not Inswred. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security hrstrumem and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the nbligauons that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i). Lender has accepted reinstatement after the :.ommencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall rot operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shalt not be required to commence proceedings against any successor in interest or refuse to extend time tier payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assign Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subiect to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to rm)rtgage, brunt and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) 1s not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Securaty Instrument or the Note without that Borrower's consent. aD•.artlPA) 196041 Pogo 6 of e Bood327 PACE 670 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice sha<Il be directed to the Property Address or any other address Borrower des p&W by notice to Lender. Any notice to Lander shall be given by first class mail to Larder's address stated herana or any address Lander designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Leader when given as provided in this paragraph. 14. Govendog Law; Seeverability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that say provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this and the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances 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 formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Ass>glment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of I.Amder only, to be applied to the sums secured by the Security Instrument; (b) Leader shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 4ft"IPAi caeoa: Ppe a of a 80A327 PA-6t 671: 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Leader may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to oohed all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. H the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjuiicial power of sale provided in the Single Family Mortgage Foreclosure Ad of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure eommudomer designated under the Act to commeow foreclosure and to sell the Property as provided in the Ad. Nothing in the preceding sentence shall deprive the Secrdary of any rights otlnewise available to a Lmder under dda Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff s sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Rides to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall -mood and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. ? Condominium Rider D Growing Equity Rider D Other [specify) Planned Unit Development Rider D Graduated Payment Rider (ft"(PA) 126041 Pm. 1 of a BOOK 132? PAGE M roar.: ? \?'' BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: t :f -(Seal) -Borrower -(Seal) -Borrower -(Seal) -Borrower _ (Seal) -Bomwer Certificate of Residence 1, SIGNET MORTGAGE CORPORATION do hereby certify that the correct address of the within-named lender is P.O. BOX 27403, RICHMOND, VIRGINIA 23261-7403 Witness my hand this 21st day of June 1 1996 COMMONWEALTH OF PENNSYLVANIA, On this. 21st day of June personally appeared RONAID D. TRACE and IMI A. TRACE Carolyn mer, , - Closer Ages of Lender Cumberland County ss- 1996 before me, the undersigned officer, persons whose names are subscribed to the within instrument a executed the same for the purposes.he *,contained• IN WITNESS WHEREOF, l.hereanto.set my hand and official sa My Commission Expites: ?:r?t?ttr laid ' P e::",;i•..e let tnrt rooordirlg Of Dam :.irl?tnti L:q vT ..-...__ Pa ,. { at u ice f t __ itsY . i 25 Pape a or e BOOK 1327 PAGE 673 (Seal) aA D. i -Borrower ` + A. -Borrower ._ (Seal) -Bommer -_ (Seal) -Bommer t ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, being bounded and described according to a survey made by D. P. Raffensperger, a Registered Surveyor, dated August 4, 1980, as follows to wit: BEGINNING at a drill hole on the Northeast corner of West Simpson Street (60 feet wide) and Lamont Avenue; thence extending from said point of beginning and along the East side of Lamont Avenue North 23 degrees 16 minutes 34 seconds West the distance of 133.51 feet to a railroad spike on the South side of a public alley; thence along said alley North 71 degrees 56 minutes 46 seconds East the distance of 36.00 feet to an iron pin at the corner of lands now or formerly of Cynthia P. McNaughton being House No. 18; thence along said lands South 23 degrees 16 minutes 35 seconds East the distance of 116.00 feet to a pipe; thence continuing along the same South 21 degrees 10 minutes East the distance of 21.50 feet to a point on the North side of West Simpson Street; thence along the said side of West Simpson Street South 78 degrees 23 minutes 35 seconds West the distance of 35.85 feet to a point the place of BEGINNING. ATTACHMENT A Bud= PACE. 674 VERIFICATION undersigned and duly authorized representative of plaintiff, deposes and says subjcd The un to the penalties of ] 8 pa C•S.A, § 4904 relating to unworn falsification to authorities that ft and belief. facts set forth in the foregoing Complaint are true d correct to his info ?\ p V 1 CO -TI IL `n c? (990 f 4 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANKERS TRUST COMPANY AS TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, VS. Plaintiff, RONALD D. TRACE AND LORI A. CIVIL DIVISION NO.: 07-3618 TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) TRACE, FILED ON BEHALF OF PLAINTIFF: Bankers Defendants. Trust Company, et al. I hereby certify that the address of Plaintiff is: 2780 Lake Vista Drive Lewisville, TX 75067 COUNSEL OF RECORD FOR THIS PARTY: Joseph A. Fidler, Esquire Pa. I.D. # 87325 the last known address of The Defendants is: 20 West Simpson Street Mechanicsburg, PA 17055 Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 GRENEN & BIRSIC, P.C. I . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANKERS TRUST COMPANY AS TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, CIVIL DIVISION NO.: 07-3618 Plaintiff, vs. RONALD D. TRACE AND LORI A. TRACE, Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against the Defendants, Ronald D. Trace and Lori A. Trace in the amount of $80,030.64, which is itemized as follows: Principal $71,363.78 Interest to 07/25/07 $ 2,926.33 Late Charges to 07/25/07 $ 298.11 Escrow Deficiency to 07/25/07 $ 1,557.50 Corporate Advances $ 134.92 Attorneys' Fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $80,030.64 with interest on the principal sum at the rate of $16.62 per diem (as may change from time to time in accordance with the terms of the Note) from July 25, 2007, 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. G cn a., r-' W W 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 Joseph A. Fidler, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are 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 were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gerald L. Potter j,., Nosy public Cky Of PlHsbtxgh, AlleMeny CmIty My Commission Expires Dec. 10, 2007 Member, Pennsylvania Association Of Notaries r+J P n x 122 c! --- ct 44 rn -G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY AS CIVIL DIVISION TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, NO.: 07-3618 INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE„ Defendants. TO: RONALD D. TRACE 20 West Simpson Street Mechanicsburg, PA 17055 DATE OF NOTICE: July 13, 2007 IMPORTANT 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 BIRSIC, P.C. Atto 's for Plaintiff On . ateway Center, 9 h Floor Pi burgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID t ? .4 . • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY AS CIVIL DIVISION TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, NO.: 07-3618 INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE, Defendants. TO: LORI A. TRACE, 20 West.Simpson Street Mechanicsburg, PA 17055 DATE OF NOTICE: July 13, 2007 IMPORTANT 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 GRENEN &.BIRSIC. P.C. 92Ke Gateway Center, 9m Floor 'Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID o 0 rJL? c? ? -n „ # i1 _r t"> <72 ? SHERIFF'S RETURN - REGULAR NO: 2007-03618 P CAS, COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY VS TRACE RONALD D ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TRACE RONALD D the DEFENDANT , at 1619:00 HOURS, on the 22nd day of June , 2007 at 20 WEST SIMPSON STREET MECHANICSBURG, PA 17055 LORI A TRACE, WIFE by handing to 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 18.00 Service 9.60 Postage .41 Surcharge 10.00 00 F? b g f (Yl 3 8 * 0 1 Sworn and Subscibed to before me this day So Answers: e R. Thomas Kline 06/25/2007 GRENEN & B I RS I C By: Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-03618 P 0 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY VS TRACE RONALD D ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TVArP T.r)PT A the DEFENDANT , at 1619:00 HOURS, on the 22nd day of June , 2007 at 20 WEST SIMPSON STREET MECHANICSBURG, PA 17055 by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 d 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/25/2007 GRENEN & BIRSIC By: Deputy Sh riff of , A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Bankers Trust Company as Trustee for Holders of Mortgage Pass-Through Certificates, Saco 1, Inc., Series 1995-5, as Their Successors and Assigns, vs. Ronald D. Trace and Lori A. Trace TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judgment ( ) Other File No. 07-3618 Amount Due 80, 030.64 Interest 21350-02 : Atty's Comm Costs 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) 20 West Simpson Street, Mechanicsburg, PA 17055 PRAECIPE FOR ATTACHMENT EXECUTION County, 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). (Indicate) Index this writ against the garnishee(s) as a lis pendens again t real estate of the defendant(s) described in the attached exhibit. -117 Date 08/10/07 Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: A. Fidler One Gateway Center, Ninth Floor Pittsburgh, PA 15222 Plaintiff 412 281-7650 87325 (over) 7 ?) 00 f h 04 Q O o V En b -V L?\ 17? d .i r V F fi C'? r 7 --- s l? N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY AS CIVIL DIVISION TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, INC., SERIES 1999-5, AS THEIR NO.: 07-3618 SUCCESSORS AND ASSIGNS, Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, being bounded and described according to a survey made by D. P. Raffensperger, a Registered Surveyor, dated August 4, 1980, as follows, to wit: BEGINNING at a drill hole on the Northeast corner of West Simpson Street (60 feet wide) and Lamont Avenue; thence extending from said point of beginning and along the East side of Lamont Avenue North 23 degrees 16 minutes 34 seconds West the distance of 133.51 feet to a railroad spike on the South side of a public alley; thence along said alley North 71 degrees 56 minutes 46 seconds East the distance of 36.00 feet to an iron pin at the corner of lands now or formerly of Cynthia P. McNaughton being House No. 18; thence along said lands South 23 degrees 16 minutes 35 seconds East the distance of 116.00 feet to a pipe; thence continuing along the same South 21 degrees 10 minutes East the distance of 21.50 feet to a point on the North side of West Simpson Street; thence along the said side of West Simpson Street South 78 degrees 23 minutes 35 seconds West the distance of 35.85 feet to a point, the place of BEGINNING. A - BEING know as 20 West Simpson Street, Mechanicsburg, PA 17055. TAX PARCEL NUMBER: 16-23-0565-088. UNDER AND SUBJECT, nevertheless, to all restrictions, easements, covenants and rights of way of record. BEING the same premises which Louis A. Quatrini and Charlotte J. Quatrini, husband and wife, by Deed dated June 21, 1996 and recorded June 25, 1996 in Deed Book Volume 141, Page 553 in the Recorder of Deeds Office in Cumberland County, granted and conveyed unto Ronald D. Trace and Lori A. Trace, husband and wife. GRENEN & BIRSIC, P.C. By: - J er, Esquire sti . Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 DBV 141 PAGE 553 PARCEL 16-23-0565-088 r-lo _70 A A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY AS TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, CIVIL DIVISION NO.: 07-3618 Plaintiff, vs. RONALD D. TRACE AND LORI A. TRACE, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) Bankers Trust Company as Trustee for Holders of Mortgage Pass-Through Certificates, SACO 1, Inc., Series 1999-5, as Their Successors and Assigns, 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 Ronald D. Trace and Lori A. Trace located at 20 West Simpson Street, Mechanicsburg, PA 17055 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD D. TRACE AND LORI A. TRACE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 20 WEST SIMPSON STREET, MECHANICSBURG, PENNSYLVANIA 17055. DEED BOOK VOLUME 141, PAGE 553. TAX PARCEL NUMBER 16-23-0565-088. 1. The name and address of the owner(s) or reputed owner(s): Ronald D. Trace Lori A. Trace 20 West Simpson Street Mechanicsburg, PA 17055 2. The name and address of the defendants in the judgment: Ronald D. Trace Lori A. Trace 20 West Simpson Street Mechanicsburg, PA 17055 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bankers Trust Company, et al. PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: Bankers Trust Company, et al. 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 Commonwealth of PA Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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 J 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 auWrities. idler, Esquire Kri a M. Anthou, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BE ORE ME THIS DAY F 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal [Gerald L. Potter, Jr., Notary Public City of Cornn*Sion ?? any 1County 007 MLY_ Member, Pennsylvania Association Of Notaries _ u ril r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY AS CIVIL DIVISION TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, NO.: 07-3618 INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, Plaintiff, vs. RONALD D. TRACE AND LORI A. TRACE, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: RONALD D. TRACE 20 West Simpson Street Mechanicsburg, PA 17055 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, PA 17013 on December 05, 2007, at 10:00 A.M., the following described real estate, of which Ronald D. Trace and Lori A. Trace are the owner(s) or reputed owner(s): ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD D. TRACE AND LORI A. TRACE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 20 WEST SIMPSON STREET, MECHANICSBURG, PENNSYLVANIA 17055. DEED BOOK VOLUME 141, PAGE 553. TAX PARCEL NUMBER 16-23-0565-088. 1 The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of BANKERS TRUST COMPANY AS TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO 1, INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE, Defendants. at Execution Number 07-3618 in the amount of $82,380.66. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN /BIRSIC, P.C. By: I?istine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 A c, rn c?`3 Or "4k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY AS CIVIL DIVISION TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, NO.: 07-3618 INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: LORI A. TRACE 20 West Simpson Street Mechanicsburg, PA 17055 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, 2°d Floor 1 Courthouse Square Carlisle, PA 17013 on December 05, 2007, at 10:00 A.M., the following described real estate, of which Ronald D. Trace and Lori A. Trace are the owner(s) or reputed owner(s): ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD D. TRACE AND LORI A. TRACE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 20 WEST SIMPSON STREET, MECHANICSBURG, PENNSYLVANIA 17055. DEED BOOK VOLUME 141, PAGE 553. TAX PARCEL NUMBER 16-23-0565-088. Or "W%, The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of BANKERS TRUST COMPANY AS TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO 1, INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE, Defendants. at Execution Number 07-3618 in the amount of $82,380.66. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. A. Fidler, Esquire 'stine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 {S -?I ? ?, f • ? ? rJ^ r,..s _ t. 'S ?_ J {_.7 G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY AS CIVIL DIVISION TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, INC., SERIES 1999-5, AS THEIR NO.:07-3618 SUCCESSORS AND ASSIGNS, Plaintiff, vs. RONALD D. TRACE AND LORI A. TRACE, Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Joseph A. Fidler, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the ownersof the property located at 20 West Simpson Street, Mechanicsburg, PA 17055 are, Defendants, Ronald D. Trace and Lori A. Trace. whose last known address is 20 West Simpson Street, Mechanicsburg, PA 17055, to the best of his information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS Vtc ) DAY 2007. otary COMMONWEALTH OF PENNSYLVANIA Notarial Seal -- Gerald L. Potber. Jr., Notary Pubic CRY Of Pflfsburgh, Allegheny County MY CMMWon EVires Dec. 10, 2007 Mamb$i Pennsylvania Association Of Notades ? r-? ?:? c.: ? _ `? il _..? _-:- ?? ? u l i ,__ -^T`3 1 Ci ?...3 t-1 •- __ ?. w7 -"? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY AS TRUSTEE CIVIL DIVISION FOR HOLDERS OF MORTGAGE PASS- THROUGH CERTIFICATES, SACO I, INC., SERIES 1999-5, AS THEIR SUCCESSORS AND NO.: 07-3618 ASSIGNS, Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEO. AND ACT 91 OF 1983 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 Joseph A. Fidler, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on or about March 8, 2007, Defendants were mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 (Act 91 Notice) by first class mail, postage prepaid and certified mail, return receipt requested in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. Additionally, Plaintiff was not required to send Defendants separate Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. '101, et seq., as a result of sending the Act 91 Notice. SWORN TO AND SUBSCRIBED ME THIS knrX ) DAY Notary 2007. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gerald L. Potter, Jr., Notary PubNc City Of Pittsburgh, Allegheny County My Commission EWres Dec. 10, 2007 Member, Pennsylvania Association Of Notaries ' 9? ?? ?:? { ??.. r ? -?-? . •'s-t ?.' _ -? .t ;- _ 7 f ,, ? ?Pa. ?? ?? -. ? _ . t t .? ?r ? s.y, ?-? r..? `?i'3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3618 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKERS TRUST COMPANY as Trustee for Holders of Mortgage Pass-Through Certificates, SACO 1, INc., Series 1995-5, as Their Successors and Assigns Plaintiff (s) From RONALD D TRACE & LORI A. TRACE (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 from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) 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 a garnishee and is enjoined as above stated. Amount Due $80,030.64 Interest $2,350.02 Atty's Comm % Atty Paid $173.01 Plaintiff Paid Date: 8/17/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs ./6/" R. "_ is R. Long, Prothonota By: Deputy REQUESTING PARTY: Name JOSEPH A. FIDLER, ESQUIRE Address: GRENEN & BIRSIC, PC ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 87325 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANKERS TRUST COMPANY AS TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, CIVIL DIVISION NO.: 07-3618 TYPE OF PLEADING Plaintiff, vs. RONALD D. TRACE AND LORI A. TRACE, Defendants. MOTION FOR SERVICE OF NOTICE OF SHERIFF SALE PURSUANT TO SPECIAL ORDER OF COURT (Against Ronald D. Trace) FILED ON BEHALF OF PLAINTIFF: Bankers Trust Company, et al. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 Joseph A. Fidler, Esquire Pa. I.D. #87325 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 BANKERS TRUST COMPANY AS CIVIL DIVISION TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, INC., SERIES NO.: 07-3618 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, Plaintiff, vs. RONALD D. TRACE AND LORI A. TRACE, Defendants. MOTION FOR SERVICE OF NOTICE OF SHERIFF SALE PURSUANT TO SPECIAL ORDER OF COURT AND NOW, comes the Plaintiff, Bankers Trust Company as Trustee for Holders of Mortgage Pass-Through Certificates, SACO 1, Inc., Series 1999-5, as Their Successors and Assigns, by and through its attorneys, GRENEN & BIRSIC, P.C., and files the within Motion for Service of Notice of Sheriffs Sale Pursuant to Special Order of Court (against Ronald D. Trace) under Pennsylvania Rule of Civil Procedure 430 as follows: On or about July 31, 2007, Plaintiff entered Default Judgment against the Defendants, Ronald D. Trace and Lori A. Trace, in this action in the amount of $80,030.64 and for foreclosure and sale of the mortgaged premises 2. On or about August 17, 2007, Plaintiff filed with the Prothonotary a Praecipe for Writ of Execution on the judgment in this action. 3. In accordance with Pa. Rule of Civil Procedure 3129, Plaintiff mailed to the Defendant, Ronald D. Trace, a true and correct copy of Plaintiffs Notice of Sheriff Sale, by certified mail, return receipt requested, restricted delivery at his last known address being 20 West Simpson Street, Mechanicsburg, PA 17055 and by directing the Sheriff of Cumberland County to serve the Defendant at the same address. To date, said Notice of Sheriffs Sale has not been returned to Plaintiff and has not been served on the Defendant by the Sheriff of Cumberland County. 4. An Affidavit of the Plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant, Ronald D. Trace, and the reasons why service of the Notice of Sheriffs Sale cannot be made, is marked Exhibit "A", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit the Plaintiff to serve the Defendant, Ronald D. Trace, by mailing a true and correct copy of the Notice of Sheriff s Sale by first-class mail, postage pre-paid addressed to Ronald D. Trace at 20 West Simpson Street, Mechanicsburg, PA 17055 and by posting of the handbill in accordance with Pa. R.C.P. 3129.2(b). Service of the Notice of Sheriffs Sale shall be deemed complete and valid upon mailing by the Plaintiff and posting by the Sheriff. GRENEN & BIRSIC, P.C. BY: cl-le Kris a M. Anthou, Esquire Joseph A. Fidler, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANKERS TRUST COMPANY AS TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, CIVIL DIVISION NO.: 07-3618 Plaintiff, vs. RONALD D. TRACE AND LORI A. TRACE, Defendants. AFFIDAVIT PURSUANT TO PA. R.C.P. 430 COUNTY OF ALLEGHENY ) SS COMMONWEALTH OF PENNSYLVANIA ) Before me, a notary public, in and for the foregoing county and commonwealth, personally appeared Kristine M. Anthou, Esquire, of GRENEN & BIRSIC, P.C. attorneys for Plaintiff and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of the Defendant, Ronald D. Trace, named in the above-captioned matter: (a) On or about September 7, 2007, Plaintiff mailed to the United States Postmaster at Mechanicsburg, PA 18055 a request to be furnished with a forwarding address of the Defendant, Ronald D. Trace. (b) On or about September 17, 2007, Plaintiff received Notice from the United States Postmaster at Mechanicsburg, PA; said Notice indicated that the Defendant, Ronald D. Trace, resides at 20 West Simpson Street, Mechanicsburg, PA 17055. A true and correct copy of said response is marked Attachment "A", attached hereto and made a part hereof. Finally, affiant deposes and says that after the foregoing investigation, the Plaintiff believes and avers that the Defendant, Ronald D. Trace, resides at 20 West Simpson Street, Mechanicsburg, PA 17055. GRENEN & BIRSIC, P BY: Krist' . Anthou, Esquire Joseph A. Fidler, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 Sworn to an subscribed before me this day , 2007 tart' Public 8ea? 0&« L tom, Jr., mart p'ubNe apt, cardy Ir IQ w__?. 2007 ATTACHMENT "A" Date September 10, 2007 Poste J Mechanicsbnrg, PA 17055 City, State, ZIP Code Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a box holder) for the following: Name: Ronald D. Trace Address: 20 West Simpson Street NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g.. process server, attorney, party representing himselfi: Legal Assistant 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: Bankers Trust Company, et al. vs. Trace 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County 5. The docket or other identifying number if one has been issued: 07-3618 6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 1S U.S.C SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. to"IL Gerald Potter, Jr., Legal Assistant Printed Nana Grenen & Birsic, P.C., One Gateway Center, Ninth Floor, Pittsburgh, PA 15222 (412) 281-7650 FOR POST OFFICE USE ONLY _ No change of address order on file. _ Not known at address given. _ Moved, left no forwarding address _ No such address. G46V A-7 4ogt4 r POSTMARK NEW ADDRESS OR BOXHOLDER'S NAME and STREET ADDRESS, SEP j7VIn SEP 17 2U07 ATTACHMENT "B" Search - 1 Result - trace w/3 ronald d Pagel of 2 . Source: People Business & Asset Locators > Person Locator > Voter Registrations > US Voter Registrations, Combined Q Terms: trace w/3 ronald d (Edit Search Suggest Terms for My Search) TRACE, RONALD D THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY PENNSYLVANIA VOTER REGISTRATIONS Name: TRACE, RONALD D Address: 20 W SIMPSON STREET MECHANICSBURG, PA 17055 County: CUMBERLAND Date of Birth: 12/1411958 Gender: MALE VOTER INFORMATION Party Affiliation: DEMOCRATIC Registration Date: 1/1/1978 Congressional District: 19 State Senate District: 31 State House District: 088 Precinct: MECHANICSBURG 1 VOTING HISTORY PRIMARY ELECTION 2002: VOTED GENERAL ELECTION 2001: VOTED PRIMARY ELECTION 2001: VOTED GENERAL ELECTION 2000: VOTED PRIMARY ELECTION 2000: VOTED GENERAL ELECTION 1999: VOTED PRIMARY ELECTION 1999: VOTED GENERAL ELECTION 1998: VOTED PRIMARY ELECTION 1998: VOTED GENERAL ELECTION 1997: VOTED PRIMARY ELECTION 1997: VOTED Source: Peoole. Business & Asset Locators > Person Locator > Voter Registrations > US Voter Registrations, Combined Q Terms: trace w/3 ronaid d (Edit Search I Suggest Terms for My Search) View: Full Date/Time: Monday, September 10, 2007 - 3:45 PM EDT https://www.lexis.com/reseexchhvtrieve? m=99c27443417a87f468c74ea5d7l8b7O4&csvc--bl&cf... 9/10/2007 ATTACHMENT "C" Search - 17 Results - trace w/3 ronald Page 1 of 2 Record-s>-, Source: People Business 8 Asset Locators > Real Property Locator > Combirmd. Tax-Assessor Combined Deed Transfers, Tax Assessor Records and Mortgage Records Terms: trace w/3 ronald (Edit Search I Suggest Terms for My Search) ,FSelect for FOCUS"'' or Delivery C CUMBERLAND COUNTY, PA 20 W SIMPSON ST, MECHANICSBURG, PA 17055 *** THIS DATA IS FOR INFORMATION PURPOSES ONLY *** PROPERTY RECORD FOR CUMBERLAND COUNTY, PA ESTIMATED ROLL CERTIFICATION DATE SEPTEMBER 1, 2006 Owner: TRACE, RONALD D S LORI A; Owner Occupied Mailing Address: 20 WEST SIMPSON ST, MECHANICSBURG, PA 17055 Property Address: 20 W SIMPSON ST, MECHANICSBURG, PA 17055 **************************** SALES INFORMATION *************************** Recorded Date: 06/25/1996 Sale Price: $ 77,000 (Full Amount) Book/Page: 141/553 ************************** ASSESSMENT INFORMATION Assessor's Parcel Number: 16-23-0565-088 Legal Description: DISTRICT: 016; CITY: MECHANICSBURG BOROUGH; ASSESSOR'S MAP REFERENCE: MAP 0565 Brief Description: LAND LESS THAN 1 ACRE RESIDENTIAL BUILDING Land Use: RESIDENTIAL BUILDING Assessment Year: 2007 Assessed Land Value: $ 20,000 Assessed Improvement Value: $ 71,980 Total Assessed Value: $ 91,980 ***************************** TAX INFORMATION Tax Rate Code: MECHANICSBURG SD ************************* PROPERTY CHARACTERISTICS ************************* Year Built: 1900 No. of Buildings: https://www.lexis.com/n-mmr,ch/febieve? m=059326cbo6d9la]580bafl 4808299#bb&docnum=12... 9/10/2007 Search - 17 Results - trace w/3 ronald Stories : Units: Bedrooms: Baths: Partial Baths: Total Rooms: Fireplace: Garage Type: Garage Size: Pool/Spa : TAPE PRODUCED BY COUNTY: 3/2007 Style: Air Conditioning: Heating: Construction: Basement: Exterior Walls: Foundation: Roof: Elevator: Lot Size: 4792 SF Building Area: 1576 Page 2 of 2 Source: People. Business & Asset Locators > Real PEMMI Locator > Combined. Deed Transfers & Tax Assessor Records > Combined Deed Transfers, Tax Assessor Records and Mortgage Records ID Terms: trace w13 ronald (Edit Search I Suggest Terms for My Search) View: Full Daten1me: Monday, September 10, 2007 - 4:05 PM EDT t R,,? e?? About LexisNexis I Terms & Conditions CISw?XIS'S Copyright ©2007 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. h"s://www.l,exis.com/resea=Wtvhieve?-m=059326cbc6d9l al51Mbaf'14808299fbb&docnum=l2... 9/10/2007 ATTACHMENT "D" Search - 13 Results - trace w/3 ronald and pa Source: Reople Business 8 Asset Locators > ALLFND Combined Person Locator Files Terms: trace w/3 ronald and pa (Edit Search I Suaaest Terms for My 5earc ~. rSelect for FOCUS' or Delivery F TRACE, RONALD D (MAL `' THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY PERSON LOCATOR - F-FINI Name: TRACE, RONALD D (MALE) Additional Names: TRACE, RONALD D (MALE), 8/1936 Consumer Name Last Updated: 6/19/1998 Address: 20 W SIMPSON ST MECHANICSBURG, PA 17055-6324 Birthdate: 1958 Telephone: (717) 766-2430 Date Vendor Record Last Updated: 7/28/2007 Source: People. Business & Asset Locators > ALLFND Combined Person Locator Files d' Terms: trace w/3 ronald and pe (Edit Search I Suggest Terms for MN%._SeFrch; View: Full Date/Time: Monday, September 10, 2007 - 3:45 PM EDT Page 1 of I About LexisNexis I Terms & Cc??crtions L?C?SNPCIS? Copyright © 2007 LexisNexis, E cvision of Reed Elsevier Inc. All rights reserved. https://www.lexis.com/research/retrieve?_m=b6ddf2bc877676802184c7 e808ef986&docnum=2... 9/10/2007 (c) Examinations were made of the Cumberland County Telephone Directory; said examination indicated that the Defendant, Ronald D. Trace, resides at 20 West Simpson Street, Mechanicsburg, PA 17055. (d) Examinations were made of the Cumberland County Voter Registration Records; said examination indicated that the Defendant, Ronald D. Trace, resides at 20 West Simpson Street, Mechanicsburg, PA 17055. A true and correct copy of said search is marked Attachment "B", attached hereto and made a part hereof. (e) Examinations were made of the Cumberland County Tax Assessment Office; said examination indicated that the Defendant, Ronald D. Trace, resides at 20 West Simpson Street, Mechanicsburg, PA 17055. A true and correct copy of said search is marked Attachment "C", attached hereto and made a part hereof. (fl A computer search available through Lexis Legal Research indicated that the Defendant, Ronald D. Trace, resides at 20 West Simpson Street, Mechanicsburg, PA 17055. A true and correct copy of said search is marked Attachment "D", attached hereto and made a part hereof IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANKERS TRUST COMPANY AS CIVIL DIVISION TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, INC., SERIES NO.: 07-3618 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, Plaintiff, Vs. RONALD D. TRACE AND LORI A. TRACE, Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion for Service of the Notice of Sheriffs Sale Pursuant to Special Order of Court and Order of Court was mailed to the following on this day of September, 2007, by first class, U.S. Mail, postage pre-paid: Ronald D. Trace 20 West Simpson Street Mechanicsburg, PA 17055 GRENEN & BIRSIC, P.C BY: " (- - - -- - ._ Kristine M. Anthou, Esquire Joseph A. Fidler, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 /YIN 0 ?l z SEP 21 NOW' G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANKERS TRUST COMPANY AS CIVIL DIVISION TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, INC., SERIES NO.: 07-3618 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE, Defendants. ORDER OF COURT AND NOW, to wit, this 41 day of , 2007, upon consideration of the within Motion for Service of the Notice of Sheriff's Sale Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff is permitted to serve Defendant, Ronald D. Trace, by first class mail, postage pre-paid and certified mail at 20 West Simpson Street, Mechanicsburg, PA 17055 and by posting of the handbill in accordance with Pa. R.C.P. 3129.2(b). Service on the Defendant shall be deemed complete and valid upon mailing and posting in accordance with this order. J. e..a c? r • V V I NVA-MNN3d 11N??Ct': I F k"1-FI ,10 61 :8 WV SZ d35 LOOZ I . Y . I Bankers Trust Company, as Trustee et al VS Ronald D. Trace and Lori A. Trace In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-3618 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Fidler. Sheriffs Costs: Docketing 30.00 Poundage 12.55 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 19.20 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 130.75 Share of Bills ? 14.92 / a ]o I $ 639.92 So Answers: A R. Thomas Kline, Sheriff BY Real state ergeant -, .?;D -I ??ll 0 o. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY AS TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, CIVIL DIVISION NO.: 07-3618 Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) Bankers Trust Company as Trustee for Holders of Mortgage Pass-Through Certificates, SACO 1, Inc., Series 1999-5, as Their Successors and Assigns, 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 Ronald D. Trace and Lori A. Trace located at 20 West Simpson Street, Mechanicsburg, PA 17055 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD D. TRACE AND LORI A. TRACE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 20 WEST SIMPSON STREET, MECHANICSBURG, PENNSYLVANIA 17055. DEED BOOK VOLUME 141, PAGE 553. TAX PARCEL NUMBER 16-23-0565-088. rM r ?. 1. The name and address of the owner(s) or reputed owner(s): Ronald D. Trace Lori A. Trace 20 West Simpson Street Mechanicsburg, PA 17055 2. The name and address of the defendants in the judgment: Ronald D. Trace Lori A. Trace 20 West Simpson Street Mechanicsburg, PA 17055 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bankers Trust Company, et al. PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: Bankers Trust Company, et al. 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 Commonwealth of PA Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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 i ? ? ?' 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 aut,6rities. . idler, Esquire Kri a M. Anthou, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BE ORE ME THIS t?_ DAY F 2007. Z:?? 7EVTD Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gerald L. Potter, Jr., Notary Punic City of Pitlsbu y 10, 2007 Member, Pe ylv nle Assoclation of Noteriss a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY AS CIVIL DIVISION TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH. CERTIFICATES, SACO I, NO.: 07-3618 INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: RONALD D. TRACE 20 West Simpson Street Mechanicsburg, PA 17055 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, 2°d Floor 1 Courthouse Square Carlisle, PA 17013 on December 05, 2007, at 10:00 A.M., the following described real estate, of which Ronald D. Trace and Lori A. Trace are the owner(s) or reputed owner(s): ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD D. TRACE AND LORI A. TRACE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 20 WEST SIMPSON STREET, MECHANICSBURG, PENNSYLVANIA 17055. DEED BOOK VOLUME 141, PAGE 553. TAX PARCEL NUMBER 16-23-0565-088. t The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of BANKERS TRUST COMPANY AS TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO 1, INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE, Defendants. at Execution Number 07-3618 in the amount of $82,380.66. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN /BIRSIC, P.C. By: stine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY AS CIVIL DIVISION TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, NO.: 07-3618 INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: LORI A. TRACE 20 West Simpson Street Mechanicsburg, PA 17055 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, 2°d Floor 1 Courthouse Square Carlisle, PA 17013 on December 05, 2007, at 10:00 A.M., the following described real estate, of which Ronald D. Trace and Lori A. Trace are the owner(s) or reputed owner(s): ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RONALD D. TRACE AND LORI A. TRACE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 20 WEST SIMPSON STREET, MECHANICSBURG, PENNSYLVANIA 17055. DEED BOOK VOLUME 141, PAGE 553. TAX PARCEL NUMBER 16-23-0565-088. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of BANKERS TRUST COMPANY AS TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO 1, INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE, Defendants. at Execution Number 07-3618 in the amount of $82,380.66. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. 33 A. Fidler, Esquire ,pfh Wristlne M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY AS CIVIL DIVISION TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, INC., SERIES 1999-5, AS THEIR NO.: 07-3618 SUCCESSORS AND ASSIGNS, Plaintiff, VS. RONALD D. TRACE AND LORI A. TRACE, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, being bounded and described according to a survey made by D. P. Raffensperger, a Registered Surveyor, dated August 4, 1980, as follows, to wit: BEGINNING at a drill hole on the Northeast corner of West Simpson Street (60 feet wide) and Lamont Avenue; thence extending from said point of beginning and along the East side of Lamont Avenue North 23 degrees 16 minutes 34 seconds West the distance of 133.51 feet to a railroad spike on the South side of a public alley; thence along said alley North 71 degrees 56 minutes 46 seconds East the distance of 36.00 feet to an iron pin at the corner of lands now or formerly of Cynthia P. McNaughton being House No. 18; thence along said lands South 23 degrees 16 minutes 35 seconds East the distance of 116.00 feet to a pipe; thence continuing along the same South 21 degrees 10 minutes East the distance of 21.50 feet to a point on the North side of West Simpson Street; thence along the said side of West Simpson Street South 78 degrees 23 minutes 35 seconds West the distance of 35.85 feet to a point, the place of BEGINNING. BEING know as 20 West Simpson Street, Mechanicsburg, PA 17055. TAX PARCEL NUMBER: 16-23-0565-088. UNDER AND SUBJECT, nevertheless, to all restrictions, easements, covenants and rights of way of record. BEING the same premises which Louis A. Quatrini and Charlotte J. Quatrini, husband and wife, by Deed dated June 21, 1996 and recorded June 25, 1996 in Deed Book Volume 141, Page 553 in the Recorder of Deeds Office in Cumberland County, granted and conveyed unto Ronald D. Trace and Lori A. Trace, husband and wife. GRENEN & BIRSIC, P.C. By: stint. . Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 DBV 141 PAGE 553 PARCEL 16-23-0565-088 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3618 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKERS TRUST COMPANY as Trustee for Holders of Mortgage Pass-Through Certificates, SACO 1, INc., Series 1995-5, as Their Successors and Assigns Plaintiff (s) From RONALD D TRACE & LORI A. TRACE (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 from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) 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 a garnishee and is enjoined as above stated. Amount Due $80,030.64 Interest $2,350.02 Atty's Comm % Atty Paid $173.01 Plaintiff Paid Date: 8/17/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs " Je." ng, ProthonotaryBy: is R. Lo??" e. J% - - Deputy REQUESTING PARTY: Name JOSEPH A. FIDLER, ESQUIRE Address: GRENEN & BIRSIC, PC ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 87325 Real Estate Sale # 50 On September 6, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 20 West Simpson Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 6, 2007 B Real Esta Sergeant The Patriot-News Co. r? 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Tut PNow you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PAN n This ad ran on the date(s) shown below: OF 10/24/07 . ... t tifarrld 10.1Ma? Md P fir S tod subscribed befo a this 30 day of November, 2007 A.D. p=ar @K d It d, aiA?e : the of ;. '"'? ?4' ?? hos?lld sad deaot" axap as to a 10ray N tary Public w ak by a P. ;Rx§*qgjgr. a P90" W Sinnym d*d AWoA 19% n kAws,,le V& I k I COMMONWEALTH OF PENNSYLVANIA a a drill hole as the Nudxw Notarial Seal eerodr of V" Sillip" strset.460 feet !ride) - James L ClarK Notary'Publt sitd Lasser Aranrt? 6mm ataoda%fsw? pit City Of Hartit3 M. Dauphin County tew 00"W" Sad 21018 tbo Fast " of My Commission Expires June 2,20M L*aa tAmwNaait?34Wftifmastr3.4 eeimak WN tie doom d V5.51 Jim m a Member. Pennsylvania Association of Notaries t>i?i's?aw?re 8w?tirrMa?i?ttaMe?; tog's alMtl $ llMtFlf PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. go Writ No. 2007-3618 Civil HANKERS TRUST COMPANY AS TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, INC., SERIES 1999-5, AS THEIR SUCCESSORS AND ASSIGNS vs. Ronald D. Trace and Lori A. Trace Atty.: Joseph Fidler DESCRIPTION ALL THAT CERTAIN piece or par- cel of land, situate in the Borough of Mechanicsburg, Cumberland Coun- ty, being bounded and a n .nB to a survey made Lis Marie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 6 day of October, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28.2010 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANKERS TRUST COMPANY AS CIVIL DIVISION TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH z � CERTIFICATES, SACO I, INC., SERIES ISSUE NUMBER: 1999-5, AS THEIR SUCCESSORS AND r n c3 . ASSIGNS -�-� -0 CIP NO.: 07-3618 ? ! c Plaintiff, � • z --; vs. =fl _ TYPE OF PLEADING: T RONALD D. TRACE AND LORI A. TRACE, PRAECIPE TO SETTLE AND �` DISCONTINUE WITHOU. , 1 Defendants. PREJUDICE - �')5 �y�X J � CODE - FILED ON BEHALF OF PLAINTIFF: Bankers Trust Company, et al. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANKERS TRUST COMPANY AS CIVIL DIVISION TRUSTEE FOR HOLDERS OF MORTGAGE PASS-THROUGH CERTIFICATES, SACO I, INC., SERIES NO.: 07-3618 1999-5, AS THEIR SUCCESSORS AND ASSIGNS, Plaintiff, vs. RONALD D. TRACE AND LORI A. TRACE, Defendants. PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO: PROTHONOTARY SIR/MADAM: Kindly settle and discontinue without prejudice the above-captioned matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. BYL 1 L Kristine M. Anthou;Esquire Attorneys for Plaintiff Sworn to and subscribed before me this2 L day of 'Y1 �LJ , 2013. Notary Publ y OF PENNSYLVANIA LVAMIA C- 3M i°" Notarial seal Maryetri Ackerman'�lotary Public City of Pittsburgh,AlleghefY C6,20 MY�mmission�xp�res March N6,NOT MEMBER,pEN fists: Ntld ASSociikTioN OF NOTARIES