HomeMy WebLinkAbout03-4846IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
BANK ONE, NATIONAL
ASSOCIATION, as TRUSTEE FOR
RESIDENTIAL FUNDING
CORPORATION, by Mortgage Lenders
Network USA, Inc., Agent,
Plaintiff,
CIVIL DIVISION
NO. O~ -- g'/~O'q~-
ISSUE NUMBER:
VS.
STEVE AMBACHER and
DAVID TONER,
Defendants.
TYPE OF PLEADING:
Civil Action - Complaint in Mortgage
Foreclosure
CODE-
TO DEFENDANTS:
You are hereby notified to plead to the
ENCLOSED COMPLAINT WITHIN TWENTY (20)
DAYS~fiDM SERVICE HEREOF
ATTORNEY FO~/fl~A~TIFF
I HEREBY CERTIFY THAT THE
ADDRESS OF THE PLAINTIFF IS:
2255 North Ontario Street #40
Burbank, CA 91504-3120
AND THE DEFENDANTS ARE:
470 Darlington Avenue
CERTIFICATE OF LOCATION
1 HEREBY CERTIFY THAT THE LOCATION OF THE
REAL ESTATE AFFECTED BY THIS LIEN IS
120 Second Street, Townshiv of East Pennsboro
(CITY, B~ORO, TOWNSHIP) (WARD)
FILED ON BEHALF OF PLAINTIFF:
Bank One, National Association, as Trustee
for Residential Funding Corporation, by
Mortgage Lenders Network USA, Inc.,
Agent
COUNSEL OF RECORD FOR THIS
PARTY:
Daniel J. Birsic, Esquire
Pa. I.D. #48450
GRENEN & BIRSIC, P.C.
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
BANK ONE, NATIONAL
ASSOCIATION, as TRUSTEE FOR
RESIDENTIAL FUNDING
CORPORATION, by Mortgage Lenders
Network USA, Inc., Agent,
CIVIL DIVISION
NO.
Plaintiff,
VS.
STEVE AMBACHER and
DAVID TONER,
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 SHOULD NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
1-800-990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
BANK ONE, NATIONAL
ASSOCIATION, as TRUSTEE FOR
RESIDENTIAL FUNDING
CORPORATION, by Mortgage Lenders
Network USA, Inc., Agent,
CIVIL DiVISION
NO. 03-- qPqk
Plaintiff,
VS.
STEVE AIVlBACHER and
DAVD TONER,
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
Bank One, National Association, as Trustee for Residential Funding Corporation, by
Mortgage Lenders Network USA, Inc., Agent by its attorneys, Grenen & Birsic, P.C., files this
Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Bank One, National Association, as Trustee for Residential Funding
Corporation with an office located at 2255 North Ontario Street #40, Burbank, CA 91504-3120.
2. Mortgage Lenders Network USA, Inc. ("Agem"), which has its principal place of
business at 132 Welsh Road, Suite 100, Horsham, Pennsylvania 19044, is the servicing agent of
Plaintiff.
3. The Defendants, Steven Abracher and David Toner, are individuals whose last known
address is 470 Darlington Avenue, Jonestown, Pennsylvania 17038.
4. On or about August 11, 2000, Defendants executed and delivered a Note in favor of
National Mortgage Center LLC, d/b/a Priceline Mortgage ("National Mortgage") in the original
principal amount of $52,800.00 A true and correct copy of said Note is marked Exhibit "A,"
attached hereto and made a part hereof.
5. On or about August 11, 2000, as security for payment of the aforesaid Note,
Defendants executed and delivered to National Mortgage a Mortgage in the original principal amount
of $52,800.00 on the premises hereinafter described, said Mortgage being recorded in the Office of
the Recorder of Deeds of Cumberland County on August 17, 2000, at Mortgage Book Volume 1633,
page 287. A true and correct copy of said Mortgage containing a description of the premises subject
to said Mortgage is marked Exhibit "B," attached hereto and made a part hereof.
6. National Mortgage assigned the aforesaid Mortgage and Note to Agent pursuant
to the terms of a certain Assignment of Mortgage recorded in the Office of the Recorder of Deeds
of Cumberland County on November 6, 2000, at Mortgage Book Volume 659, Page 476. A true and
correct copy of said Assignment is marked Exhibit "C", attached hereto and made a part hereof.
7. Agent assigned the aforesaid Mortgage and Note to Plaintiff pursuant to the terms of
a certain Assignment of Mortgage recorded in the Office of the Recorder of Deeds of Cumberland
County on April 26, 2001, at Mortgage Book Volume 673, Page 115.
8. Defendants are the record and real owners of the aforesaid mortgaged premises.
9. 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 April 16, 2003 payment.
10. On or about July 18, 2003, Defendants were mailed Notices of Homeowner's
Emergency Mortgage Assistance Act of 1983, ("Act 91 Notices") in compliance with the
Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended.
11. 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 Notices.
12. The amount due and owing Plaintiffby Defendants is as follows:
Principal
Interest to 8/25/03
Late Charges to 8/25/03
Other Fees
Attorney's fee's
Title Search, Foreclosure
And Execution costs
$ 51,979.92
$ 2,404.44
$ 675.34
$ 119.00
$ 1,250.00
$ 2.500.00
TOTAL $ 58,928.70
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of
$58,928.70 with interest thereon at the rate of$14.94 per diem from August 25, 2003, and additional
late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including
increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises.
By:
GRENEN & BIRSIC, P.C.
Pa. I.D. 048450
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
8080008675 NOTE
August 11, 2000
IDac]
120 SECOND STREET
, PITTSBURG
, YEST FAIRVIEW, PA 17025
· PA
ICi~yl iSb~el
[property Addtcssl
1. BORROWER'S PROMISE TO PA.Y
In return for a Io-m thal, 1 have received, I pmmis~ to ~y U,S. $ 52,800.00 (~h ~ount ~ ~1~
"~i~"), plus ~ ~ ~ ~ of ~c ~d~. ~ ~d~ ~
National Nortgage Canter, LLC dba prlcellne mortgage
. i u~d
~ ~o ~d~ may ~sf~ ~is No~ ~e ~d~ or ~yono who ~ ~is No~ by ~sf~ ~d who is ~fi~ ~ ~ivo ~ym~
~ I~ER~T
in~ wifl ~ ~ on un~d pdnci~ undl ~ fuU ~unt of ~ci~ ~ ~ ps& i will ~y ~ ~ a y~iy ~ of
~0.3500
~ in~ ~ r~u~ by ~ S~ 2 ~ ~ ~ l will ~y ~ ~fom ~ ~ ~y ~au~ ~ ~ S~n ~B) of
~ No~
3. ~AYM~TS
(A) Time and ~ce of PaymenU
I wiU ~y ~i~ ~d ~ by ~ng ~y~ ov~ mon~.
1 w~ ~o my ~ly ~y~ on ~o lBth ~y of ~h m~ ~m~g on Snptenh~r 16
2000 . I w~ ~ ~ ~ym~ cv~ ~n~ ~fil I have p~d ~1 of ~ ~ci~ ~d ~ ~d ~y ~ c~g~ d~
~w ~ 1 ~ owe un~ ~ No~ My mon~ly Paym~ wi~ ~ npp~ ~ ~ ~o~ p~i~. If, on
AuguSt 16 ,2030 , I ~11 o~ ~oun~ u~ ~ No~ I will ~y ~o~ ~un~ in full on ~
~ wh~ ~ ~ ~ '~t~y
1 ~ ~ my ~iy ~y~u ~
8100 Hations Way Jacksonville, FL 32256
or at a diff(=cnt place if required by thc Note ltoldcr.
477.08
(B) Amount or Monthly Payments
My monthly payment will bo in the ~mount of U.S. $
4. BORROWER'S RIGIIT TO PREPAY
I have tho fight to make payments of principal at any time before they am duc. A payment of principal only is known as a
*prepaymenL' When I mak~ a p~-'paymenL l will ~ the Note iloldc~ in writing that I am doing so.
I may make a full pzcpayment or Panlal prepayments without paying any prepayment charge,. Tho Nolo lloldct will us~ all of
my pt'cpayments to rcducc thc anmunt of principal that I owe undcr this Nol~. If I n~c~.c a ~ iy~cpayment, thc~c will bo no
clunges in thc duc date o~ in the amount of my monthly Payment unless the Note Holdcr a~/ccs in wfitins to those c~mnges.
$. LOAN CIIARG~
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that thc interest or other loan
chari~es collected o~ to bo collected in connection with this loan c, xc _~_d_ thc pc~mltlcd limit.% then: (i) any such 1o~ charge shall bo
reduced by tho amount ncc~_~..-~ to reduce d~ charge to the permitted Ihnh; and (ii) any sums already collected from ruc which
exceeded i~ittcd limits will bo rcfundcd to mc. The Note Iloldor may ch~s~ to make this refund by mduclaS tho ixincipaI iowc
und~ this Note (n' by n~kins a dircat Payment to mc. If a rcfund rcduces principal, tho reduction will bo trestcd as a Pan,al
, prepayment.
6. BORROWER*S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note lloldcr has not fcccivcd thc full amount of any monthly Payment by thc end of 10 ~ days ~flcr thc
date it iS duc, ! will pay a late charge to the Note ih)Mcr. Thc amount of tho charge will bo 10.0000 % of my
ovc~duc payment of principal and interest. ! will pay this late charge prompdy but only anco on each late paynumt.
(B) Detrault d .
If I do not pay thc full anmanl of each monthly payment on thc date it ts duc, I will be in dcfanlL
MULTISTATi: FIXKO RATt~ NOTE° Singlu Family o FNMA.~FHLM(.~ Uniform instrument
4~)m. sn iems).oa Form 3200
Amended S/S1
3
8080008675
(C) Notice of Default
If I am in default, the Note Holder may send ma a written not~ telling me that if I do not pay thc ovm'du~ amount by a certain
datA, thc NoI~ ttoidcr may rcquim me to pay immediately tho futI amount of principal which has nOt been paid and all th~ inte~c~ llmt
l owe on ~ amount. Th~ date must be at lcost 30 days af~' thc date on which the nodce is dcUvc4~d or mailed to me,
(D) No Waiver By Note
Evcn if, at a dmc when I am in default, thc Note lloldcr does not require mo to pay immediately in fuO as a,'-?~__ibcd above,, the
Note Holder will st~ll have tho fight to do so if ! nm in default nta la~d' time.
(E) Payment of Note Ilolder's Costs and Expenses
If the Note ! Iolder I~s required me to pay immediacy in full as dcscribed above,, dt~ Note Holder will have th~ right to be paid
back by mo for ,11 of its costs arid ex~ in cnforcing this Note to thc ex~nt not probibi~J by ~pplicabl¢ law. ~ expenses
include, .f,o~r example, rca.~onebla attorneys fees.
7. GIVING OF NOTICES
Unlcss applicable law requ~es a diffcrcnt m¢~od, any nodce that must be givcn to me under this No~ will be given by
delivering it or by ma~ling it by f~t cla~ rn~l to mo at tho Property Ad~rc~s ~bove or at a diffctcnt nd&ess if i give lbo Note Holder
a notice of my differunt addrcss. '
Any notice II~t must be giv..cn to the Note Holdcr under this Note will bo ~ivcn by ma~llng it by ru~l class mail to the NoLo
I Iolder at the ~dress s~d in Section 3(A) above or at a different -~ddmss if I am given a notice of tJ~t diffmcnt address.
8. OBLIGATIONS OF PERSONS UNDER Tills NOTE
If more than one person signs this Note, cach pc~on is folly and pcrsonaJly oblign~_d to keep all of lira pmmlses mad~ in this
Not~, including the promise to pay d~ full amount owed. An)' IpC~.. n who is a guarantor, stuc~y or undorscr of this Note is also
obligated to d.*o these th.'.mgs, Any pcrson who takes or. cf these ob. lip.dons, including the obligations of a ganran .mr, surety or cndorser
of ~ Note, ts ~so obhgalcd to kccp all of the prom~ses made m thru Note. The Note Holder may eofofl:~ its rights under this No~
against e.m:h ~ individually m' n~ius~ all of us together. This means that any one of us may bo required to pay all of tho amount~
owed und~ this Nora
9. WAIVERS
1 and any othex pcrson who has obligations undo this No~ waive the rights of prcscmmunt and notk~ of dishonor,
'PrcsunUnont" means tho right to requlr~ the Note Holder to demand paymunt of amounts d. ue` "Notice of d~dteflor' means d~ fight
to requi~ tho Note l[oidcr to We notice to other persons that amounts due have not been pn~.
10, UNIFORM SECURED NOTE
This Note is a uniform insuumunt with limited vm'C~kms in soma jur~dictlons, In addition to tim prolecdons given to tl~ Note
Hol~er under this Note, a Mortl~ge~ Deed of Trust or Security Deed (the 'Secu~y In~uumcnt'), d..~!~-! th~ sam~ a_~!~ as ~ Note,
pmlec~ tho Note Hoider from possible losses which might result if I do not kcep the promises which I make in this Nme. That
Sceurity lnsG'umunl de...~fibes how and under what conditions I may be required to
owe under this Note. Some of Ibose condiduns am de,q:ribed ~ follows:
Transfer of lbo Property or a Beneficial Interest in Borrower. If all or any pa,'1 of the Property or any
intcfc~t in R is sold or transfencd (or if a bencficial interest in Borrower is sold or u'amfcncd and Borrower is mX a
rratu~ person) without ~'s prior wrluun consunt, Lender may, at its option, requlm immedia~ paymant in full
of all sums secm'cd by this Security Instrument" However, this option sl~l not be cxc4clsed by Lgnder if excrcisc is
pmhibiP, d by fedcral law as of ~ date of this Security Instrument"
If Lcnder exc~,iscs this opdon, Lender shall give Borrower notice of aceclcradon. The nolk:e shall provid~ a
period of not Ices th~n 30 days from the date the notice is dclivc~l or mailed within which Borrowc~ must pay all
sums secured by this Security Instrument" If Borrowe~ f~is Io pay these sum~ prior to lbo e, xplradon of ~ period,
Lender may invoke any remedies permitted by this Secu,'ity Instrument without further notice or demand on
BofTowcr.
WITT~r,S S THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
STEVEN AMBACllER
· SSN: 178-60-1701
DAVID TONER
SSN: 210-52-9767
ASST. VICE PRESIDENT
SSN:
(sca)
-l)Mrower
(Sign Original Only)
)~I~T. ~ PRE$1OENT ) 12/~3
PAY TO THE: ORDER OF
EXHIBIT "B"
8080008675
Nationa! Nortgage Center, LLO dba priceline mortgaoe
8100 Nations Way Jacksonvit&e, FL 32256
National Mortgage Center, LLC dba priceline mortgage
8100 Nations Way Jacksonville, FL 32256
Pm'cci Number:
[Space Above This Line For Recording Dat~]
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are de£med in Sections
3, 11, 13, 18, 20 and 21. Certain rule~ regarding the usage of words used in this document m'c also provided
in Section 16.
(A)"Seeurit~Imtrument" meaas~isdocument, wh~h
~ge~wi~allPddexs~tldsdocumenL
STEVEN ANBACHER
DAVID TONER
August 11, 2000
Bormw~istbemortgag~ undcrth~ SecuriWInstrumcnt.
(C)"Lender"isNatlonal Mortgage Center, LLC dba priceliom mortgage
Lend. isa corporation or aasociation
PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3039 3/99
8080008675
organiz~d and ~xisting under the laws of THE STATE OF FLORIDA
Leude~'s address is
8100 Nations Nay Jacksonville, FL 32256
~d~ is ~ mo~ und~ ~is ~ I~um~nt.
(D) "Note" m~s ~e promis~ note ~gn~ by Bo~ow~
~.S. $ 52, $ 00. ~0 ) plus ~ter~t. Bo~ower ~ ~m~ ~ ~y ~s debt ~ re~ P~ic
(~) "~p~" m~s ~ pm~ ~
~p~..
~) "Lo~" m~s ~ d~t ~d~ by ~e N~,
due an~ ~c No~. ~d ~1 su~ ~ und~ ~ S~ Ius~eu~ plus int~.
Adjudge ~ Rid~ S~nd Home md~
C~dom~um
Rid~
~n Rid~ ~ P~n~ Udit Devci~meut
~ VA R~ . ~ ~ Biw~kly ~ym~t Rid~ ~ ~ ~(s) [s~y]
(H) "Applicable Law" means all conlrolling applicabl~ federal, s~te and local s~atules, seg~dz~ions,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable Final,
non-appealable judic~ opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments, and
charges that ar~ imposed on Bum'rower or the Prop~iy by I~ condominium association, homeown~s.
(.1) "Electronic Fu,sds Transfer" means any Irunsfer of funds, olher than a Wansaclion oulginaled by check,
draft, or similar palx~ instrum~t, which is initiatexi duough an eleclmnic lerminal, telephonic instrumcat.
compuier, or magnetic iapc so as lo order, insU-uct, ur authorize a financial inslilotiou lo debit or credit an
eccount. Such term includes, but is not limited to, point-o£-saie transfers, automated teller machine
u'ansactions, transfers initiated by telaphone, wire Iransfers, and anloan~ed clearinghouse Iransfers.
(K) "Escrow Items" means lhos~ iu~us that am described in Section 3.
(L) 'lViiscellaneous Proceeds" means any compensation, s~tticmeul, award of dsmage.s, or proceeds paid by
any third party (other than insurance proceeds paid under the cov~ages described in $eclion 5) for.
damage lo, or destruction of, the Prol~rty; (ii) condemnation or other laking of all or any pasl of the Property;
(iii) conveyance in lieu of condemnation; or (iv) mis~apreseotations of, or omissions as lo, lhe value and/or
condition of the Property.
(M) "Mortgage Insurance" means insurance pro~ecting Lender against [he nonpaymeut of, or default on.
the Loan.
(N) "Periodic Payment" means the regularly schuduled amount due for (i) principal and in.re.st urider the
Nole, plus (ii) any amounts under SecQon 3 of this Security Instrument.
Form 3039 3199
8080008675
(0) "RESPA'* means the Re. al Estate ScRlement Procedures Act (12 U.S.C. Section 2601 et seq.) and ils
implementing rcguhfion, Regulation X (24 C.F~. Part 3500), as they might Im amended from fim~ to time,
or any additional or successor legislation or regulation limt governs thc same subject w~.e~. As used in this
SecurRy Ins~mcnt. "RESPA" refers to all requirements and restrictions that me imposed in regard to a
"f~dexally related mortgage loan" even if thc Loa~ does not qualify as a "f~l~ally related mortgage loan"
under RESPA.
(P) *'Successor in Interest of Borrower" means any pa~y that has taken.title to the Prope~y, whethor or not
that patty has assumed Borrower's obligations und~ the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security InsR-amcnt secures ~o Lend~. (i) thc ~paymeut of th~ Loan, and all renewals, ext~sions and
modifications of the Note; and (ii) the performanc~ of Borrower's covenants and agreaments under this
Security Instrument and the Note. For this purpose, Borrower dce,s hereby mortgage, Ig~mt and convey to
Lender the following described property loca~l in ~hc COUNTY [Ti~ ~ RecordinS lurlsdlcaoa]
of cO#gERLANC [Name o~ Rccocd~ Zuri~t~cGon]:
SEE ATTACHED SCHEDULE A
which cu~endy has th~ address of
120 SECOND STREET WEST FAIRVIEW
("Prolmay Address"):
[City], Pennsylvania 17025
TOGETHER WITH all thc improvexnents now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hea'eafter a part of thc property. All replaeeaneats and additions shall also
be cov~od by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
~-6(PA) (g912).o2
Form 3039 3/99
80800q8675 '
BORROWER COVENANTS that Borrower is lawfully seised of the esteto hereby conveyed and has
the right to mortgase, grant and convey thc Property and thai the Property is unencumbered, except for
encumbz'ances of record. Borrower warrants and will defend generally the title to the Property against all
claims and dermmds, subject to any encumbrances of record.
THIS SECURFI'Y ]~TSTRU]s~NT combines uniform covenants for national ~ and non-uniform
covenants with limited vm-iatiuns by jurisdicllon to consQtutc a uniform security instnuncnt covering real
UN~ORM COV]~NAbTCS. Borrower and Lender covenant and agree as follows'.
1. Payment of Principal, Interest, F~scrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and in,eat on, the debt evidenced by the Note and any
prepayment charges and late charges duc under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Leader as payment under thc Note or this
$ccurity Inslxument is ~Jaa'ned to Lender uapald, Lender may require that any or all subsequent payments
due under the Note and this Security Inslmument be med~ in one ur more of thc following forms, as 8elected
by Lender: (a) cash; CO) money order;, (c) cmified check, himk check, ueasumr's check or cashier's check.
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
insUumenmllty, or entity; ur (d) Eleclronic Funds Transfer.
Payments arc deemed received by Lender when received at the location designated in thc Note or at
such other l~fiun as may be designated by Lender in accordance with the notice provisions in Section 1:5.
Lender may xomrn any payment or partial payment if the payment or partial paymants are insufficient to bring
the Loan cor~eut. Lender may accept any payment or partial payment insufficient to bring the Loan current,
without waiver of any fights herennder or prejudice to its rights to refuse such payment or partial paymunls in
the future, but Lender is not obligated to apply such payments at tho lime such payments are accepted. If each
Periodic Payment is al)plied as of its scheduled due d~_t~, then Lender need not pay interest on anal)plied
funds. Lender may hold such uanpplied funds unl/l Borrower makes payment to bring the Loan current If
Borrowe~ does not do so wiflfin a reasonable period of timc, Lender shall either apply such funds or return
them to Borrower. If not applied earlier, such funds will be applied to the outstanding ptincipal balance under
thc Note immediately prior to foreclesurc. No offer or claim which Borrower might have now or in the
future against Lender shall relieve Borcower from making payments duc under thc No~c and this Secm'ity
lnslzument or performing tho covenants and agreements secured by this Security Insmimenl.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, ali payments
accepled and applied by Lander shall be applied in the following ordur of priority:. (a) inlereat due under the
Note; Co) .ptiucipal due under the Note; (¢) amounts due under Section 3. Such payments shall be applied to
oath Periodic Payment in the ordcr in which it became due. Any remaining amounts shall be spplled first to
hte charges, second to any other amounts due under this Security Insl~ument, and then Io reduce tho principal
balance of thc Note.
If Lender receives a paymsut from Borrower for a delinquent/'oriodic Payment which includes a
sufficiant amount to pay any late charge due. the payment may tx: applied to the delinquent payment and thc
late charge. ]f more than one Periodic Payment is outstanding, Lender may apply any payment received f~om
Borrower to the repayment of the ?¢rindic Payments if, and to thc extent thai, each payment can be paid in
Page4 of 16 Form an3$ 3199
80800~8675
full. To the extent flu~t any excess exists after the payment ~s applied t~ the full payment of one or more
Periodic Payments. such excess may bc applied to any late chatges duc. Volantat3, prepayments shall be
applied first to any prepayment charge~ and then as described in the No~.
Any applicat/on of payment% insurance proceeds, or Misc~u$ Prucends to l~cipal due under The
Note shall not extend or postpone The due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Leader on the day Pc~/odic Payments ate due under
· e Note, until the Note is paid in full, a sum (lhe "Funds") to provide for payment of amounts due for: (a)
taxes and assessments and oTher i~ms which can a~min priority over this S~cufity hlslrument aa a li~n or
encumbrance on thc Property; Co) leasehold payments or ground ranis on the Propane, if any; (c) pt~s
for any and all insurance requked by Lender under Section 5; and (d) Mortgage Insasanco prcmim'ns, if any,
or any sums payable by Borrower to Lender in lien of the payment of Mortgage Insurance prenfiums in
accordance with the provisions of Section 10. These items are called "~.scmw Ilmns." At eriginafion or at any
thne during the ~rm of the Loan, Lender may require that Community Association 'Dues, Fees and
Assessments, ff any, be escrowed by Bo~rower, and such dues, fees and assessments shall be aa Escrow Item.
Borrower shall promptly furnish to L~nder all notices of amounts to be paid under lifts Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Bestower's obti~fion to pay the Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Item~ at any dine. Any such waiver may only be in wdtlng. In the event of such waiver, Borrower
shall pay directiy, when and where payabin, The amounts due for any ,Escrow Items Ior which payment of
Funds has been waived by Lender and, ff Lender requires, shall furnish to Lender rccaipts evidencing such
payment witinn such time pealed as Lender may require. Borrower's obligation to make such payments and
~ provide receipts shail for all purposes be deemed to be a covenant and a~ont contained in This Security
Instrument, as thc phrase "covenant and agreement" is used in Section 9. If Borrower ia obligated to pay
Escrow Items di~cfly, passusut to a waiver, and Boz~ower fails to pay the amount due for an ~serow Item,
Lender may exercis~ i~s fights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke thc waiver aa ~o any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Bo~ower shall
pay to Lender all Funds, and in such amounts, that are then required under This Section 3.
Lender may, at any ~ime, collect and hold Funds in an amount (a) sufficient ~o permit Leader to apply
the Funds at the thnc specified under RF~PA, and (b) not to exceed the rnaxinlom amount a lender can
reqttirc under RI~PA. Lender shall estimate the amount of Funds dun on Thc basis.of'curx~nt data and
reasonable estimates of expenditures of futm-~ Escrow Items or otherwise in accordance wiTh Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if 1~ is an institution whose deposits are so insured) or in any Federal Home
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than thc time specified under
RESPA. Leader shail not charge Borrower for holding and applying the Funds, annually anaiyzing the
escrow account, or verifying thc Escrow Items, unle~ Lender pays Borrower interest on the Funds and
Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable
Law requires interaat to be paid on the Funds, Lender shall nut be requh'ed to pay Borrower any interest or
· earnings on the Funds. Borrower and Lender can agtcc in writing, however, That inn,-est shall be paid on the
Form 3039 3/99
291'
80800q8675
Funds. Lender shall give to Borrower, wi!hour charge, an annual accounting of the Funds as required by
RF~PA.
If ~here is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If ther~ is a shortage of Funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay Io
Lender the amount necessury to make up the shortage in accordance wi~h RESPA, but in no more than twelve
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Leader shall
notify BOrrower as required by RF_.SPA, and Borrower shall pay to Lender the amonnt necessary to nmke up
the deficiency in accordance with RESPA, but in no more tha~ twelve monthly payments.
Upon payment in fuli of a~l sums secured by this Security Instrument, Lender shall proari~:ly refund to
.Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay al! ~axes, assessments, charges, fines., and impositions
am-ibutable to the Property which can attain priority over this Security InsUumanl, leasehold payments or
ground rents on the Property, if any, and Community Assecimion Dues, Fees, and Assessments, if any. TO the
extent that these items are Escrow Iteres, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priorily over this Security fusirom~nt ualass
Borrower: (a) ag~es in writing to the payment of the obligation secured by the lien in a manner ascepmble to
Leader, but only so long as Borrower is performing such agreement; Co) contes~ the lien in good ~ by, ur
defends against enforcement of the lien in, legal proceedings which in Lantier'a opinion operate to l~y~nt the
enforcement of the lien while those proceedings are pending, but only until such proceedings m'e couclnded:
or (c) secures fi~m the holder of ~ lien an agreement satisfactory to Lender subordinating ~,e lien to tiffs
Security fusu'umant. If Lender de~ermines that any part of the Property is subject to a lien which can aUain
priority ~over this Security InsU-~-nent, Lender may give Borrower a notice identifying the lien. Wi~Xin l0
days of the date on which that notice is given, Borrower shall satiny ~he lien or t~ke one or more of the
a~tions ser forth above in this Sec~on 4.
Lender may require Borrower to pay a oo~lime charge for a real eslate mx verificatiun and/or ~porling
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, ba,~rds included within the lenn "extended coverage," ami any other
hazards including, but not limited to, enrthqankes and floods, fer which Lender requ~es insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the ~'m of the Lo~n.
The insurance carrier providing the insurance shah be chosen by Borrower subject to Lander,s right to
disapprove Borrower's choice, which right shall not be exarcised ~nably. Leader may require
Borrower to pay, in conncclion with this Loan, either:. (a) a one-time charge for flood zone deem!nation,
certification and tracking sea,cea; or (b) a one~fime charge for flood zone determination and certifi~tion
se~wicas and subsequent charges each thne remappings or similar changes occur which re~nably might
affect such determination or certification. Borrower shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
deu~rmination rasulting from an objection by Borrower.
~-6(PA)
Page $o116 Form 3039 3/99
292
8o8000~675
If Borrower fails to maintain any of the coverages descaibed above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. L~oder is under no obligation to porcha~ any
panicular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Bo~ower, Borrower's equity in thc Property, or the contems of the Prope~, againat any risk, hn~rd
or liability and might provide greater or lesser coverage than was previously in effect. Borrower
ackanwledges that ~he cost of lbe insurance coverage so ob~ainad might significantly exceed thc cost of
insurance that Borrower could have obmlned. Any amounts diabttrsed by Lender under this Section 5 shall
become addilional debt of Borrower secured by this Security Iaslrument. The,~ amounts shall bear interest at
the No~e ram fxom ~be date of disbursement and shall be payable, with such interest, upon notice from Lender
to Boo'ewer requesting paymeaL
All insurance policies required by Lender end renewals of such policies shall be subject to Leader's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
morlgagee end/or es an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Leader reqtfires, Borrower shall promptly give to Lender all receipts of pei_.d premiums end
renewal notice. If Borrower obtains uny form of insurance coverage, not otherwise required by Lender, for
damage to, or deatmcdon of, the Property, such policy shall include a standard mortgage clause and shall
name Lender as morlgagen and/or as en addilional loss paye~.
In the event of loss, Borrewer shall give prompt notice to the insurance carrier and.Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Leader and Borrower othe~ise a~ree in
writing, uny insurance proceeds, whether or not the noderlying insurance was required by Lender, shall be
applied to restoration or repair of the ProIn:ny, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the fight to
hold Such insurance proceeds until Lender lma had an opportunity to inspect such Property to ensure the work
has been comple~d to Lender's sarisfactiun, provided that such iuspectioa shall be undertaken prompdy.
Lender may disburse proceeds for the repairs and restoratico in ,a single payment or in a series of progress
payments aa the work is completed. Unless an agreement is made in writing or Applicable Law r~qu~es
int/~'..at to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such preeeeds. Fees for public adjusters, or other third parties, relalned by Borrower shall not be
paid out of die in.sunmce proceeds end shall be the sole obligation of Borrower. If the restoration or repair is
not economically fa,sm'hie or Lender's security would be lessened, the insurance procceds shall be applied to
the sums secured by this Security Iustr~nent, whether or not then due, with the excess, if any, paid to
Bonower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abendous the Property, Lender may file, negotiate and settle any avallabI,- insurance claim
and ralated mailers. If Borrower does not respond within 30 days to a notice from Leader that the insurance
can-fur has offered 11) ~ettle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin whe~ the notice is divan. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's lights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the No~e or this Security lnsmmlant, and (b) any oth~r of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance
policies covering the Property, insofar es such rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the
Note or this Security Instrument, whether or not then due.
(~-6(PA) (no~ ~).oa
Form 3039 31gg
6. Occupancy. Borrowe~ shall occupy, establish, and uso the Property as Borrower's principal resklence
within sixty clays after the execution of this Seenri~ Instrument and shall continue to occupy the Property as
Borrowex's principal residence for at l~zt one yea~ crier the date of occupancy, unless Leald~r otherwise
agrees in writing, which consent shall ual be unreasonably withheld, or unle~ extenuating circumstunce~
exist which a~e beyond Borrower's con~ol.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, d~mage or impair the Prupe~ty, allow the Prope~y to deqeriorat~ or commit waste on the Property.
Whether or not Borrower is residing in [he Property, Borrower shall maintain the Prup~Ly in order to proven[
the Property from dew.~ora~ng or decreasing in value due to its condition. Unless it i~ detem~ined pursuant to
Sectin 5 that repair or restoradun ~ not economically feszible, Borrower shall promptly repair the Prope~y
damaged to avoid further deT~rioradon or ~'nage. If insurance or condeflmation proceeds are paid in
connectin with damage to, or the tsking of, the Property. Borrower shall be ~sil~e for repa~ng or
restoring the ProperLy only if Lender has released proceecis for such purposes. Lender may disburse proceeds
for the repa~s and restoration in a alngle payment or in a series of prog~'e~s p~yments as the work is
completed. If thc insurance or condemnmiun proceeds ate not sufficient to repair or restore the Property,
Borrower is nm ralicvetl of Borrower's obligation for the compleliun of such repair or
Lender or its agent may make reasonable entries upon and inspectiuns of the Property. If it
reszunable cause, Lunder may inspect the interior of the improvements on the Propero]. Lender al]ail give
Borrower untico at the lime of or prior to such an imerior inspection spec~ such reasonable can~.
8. Borrower's Loao Agpli~atio~. Borrower shall be in default if, chuing the Loan applienti~ precis,
Borrower or any persons or entities acting at the dh~cdon of Borrower or with Borrower's knowledge or
con,eat gave materially raise, misleading, or i~te information or slmement~ to Lender (or failed to
provide l.~nder with material information) in coonec~on with the Loan. ~ Tepresemation~ hiclude, but
e~ not limited to, repre~mations conCermng Bon'ower's occupancy of the Property as Borrower's principal
9. l~rotectiou of Lender's Interest in the Properly and Righ~ Under this Security In~rnmmt. If
(a) Borrower falls to pa~orm the covenants and agreements con~.tined in ~s SecoriLy Instnuncnt, (b) there is
a legal proce.~dil~g that might significantly a~fect Lender's interest in the ProperLy and/or rights under this
Security Iasmunant (such az a proceeding in banka'up~cy, probete, for condemnnt!on or fodeimre, for
enforcement of a lien which may at~n priority over this Security Insuumem or to enforce laws or
regulations), or (c) Borrower haz abandoned the Property, thei? Lender may do and pay for wlu~ver is
reasonable or appropriate to pro,ct Lender's interest in the Prepay and righ~ under this SecoriV]
Insb'ument, including protecting and/or assessing the value of the Property, and securing and]or repairing
the Pruper~.y. Lentler's actins can include, but are not limited ia: (a) paying any sums secored by a lien which
has priority over this Security Insuument; (b) at~A~ring in courC and (c) paying reasonable atie~neys' fees to
protect its in~[ in thc Prope~y and/or fights under thi~ Security InsWament~ including its secured position
in a bankruph-y proceeding. Securing the Property include~, but is not limited m, end, ring the Pmper~ to
make ~s, change locks, repJace or bo~d up doors and windows, ~Lrain waler from pipes, eliminate
building or other code violations or dangeroaz cundi~ions, and have utili~ ~ed un o~ off. Although
Lender may lake action under this Section 9, Lender does not have to do so and is not under any duty or
obligation to do so. It is agree. A that Lender incurs no liability for not taking any or all actions anlhoriz~
under this Section 9.
808000~675
Any amounts disbur°~d by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security lnslrument These amo~nL~ shall bear intereat at the No~e rate from thc date of
disbumement and shall be payable, with such interest, upon notice from Lender to Borrower reques~ng
payment.
If this Security Inslnunent is on a leasehold, Bor~ow~ shall comply with all the provisions of the lease.
If Borrower acquires fe~ t/de to the Property, thc les.~hold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10, Mortgage I~suraees. If L~nder requh'ed Mortgage Insurance as a conc~ion of making the Loan,
gorrower shall pay the premiums requked to main~n the Mortgage Insusunce in effect. If, for any reason,
the Modgage ~nsuranco coverage required by Lender ceases to be aval~ble from the mortgage insurer that
previously .provided such insurance and Borrower was r~uired to make separately designated payments
toward the premiums for Mortgage Insurance, Beaxower sh~ pay the premiums requit~ ~0 ebon coverage
substantially equivalent to the Mortgage Insurance previously in effecL at a cost substa~tlully ~quivalent to
thc cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insure~
selected by Lender. If substant~Uy equivalent Mortgage Insurance coverage is not avsiluhle, Bonower shall
continue to pay to Lender the amount of the ~p~atciy designated paymeats that were due when thc insun~ce
coverage ceased to be in effect Lender will accepL use and retain these payments as a non-refundeble loss
reserve ia lieu of Morlgage Insurance. Such loss reae~ve shall be uon-reftmdable, notwih~ding the fact that
the Loan is ultimataiy paid in full, and Lender shall got be requi~l to pay Borrower any i~te~st or esr~thgs
on such loss reserve. Lend~ c~a no longer ~luire loss reserve paymems i~ Mortgage lnsm-auce coverage (in
~e umount and for the period tl~ Lender requires) provided by an insurer selected by Lender aga~ becomes
ava~ble, L~ obeyed, and Lemier requires separately d~gnated paymants toward the premiums for Mortgage
Insurance. If Leader required Mortgage Ias~ance as a condition of making the Loan and Borrower was
required to make separa~y dnsiganted payments toward the premiums for Mortgage Insurance, ~orrower
shall pay the premiums required to mai~tah~ Mortgage Insurance ~ effect, or to provide a non-refundable loss
reserve, until Lender's ~equiremcot for Mortgage Iosurance ends in accordance with any wfi~en agreement
betwcen ~orrower and Lender providing for such t~mthath~ or until uxmir~ion is required by App]icable
Law. Nothing in this Section l0 affec~ gorrower's obllgation to pay ine:~:st at the rate provided in the Note.
11..~algnmeat of MIscellaeenns Proceeds; Forfeiture. All Misceilancoan P~cecds a~ he, by
assigned to and shal~ be paid to Lender.
If the Property is darcagcd, such Miscelianenas P~ocesds shall be applied to restoration Or repa~ Of the
Pwpc~, i~ the restoration or repair is economic~y feasible and L~nder's secm'ity is riel lessene~L Durh~
such rapah- and restoration period, Lender ~ have the fight to hold such Miscelianenus Proceeds un~
Lender has had an opportunity to inspect such Pwperty to ensure the work has been completed m Lender's
sa~sfactlon, provided that such inspeclion shall be undertaken promptly. Lender may pay for the ~ and
~eswration in a si~,le disb~ement or in a ~des of progteas payments as ~ work is completed. Unless an
agreement is umde in writing or Applicable Law ~uites interest to be paid on such MisceUaneons Proccec~,
Leader shall not be required to pay Borrower any inte~l or enroings on such Misccllaucoas P~ls. if the
res~'a~on or repair is not economically feasible or Lender's secur~y would be lessened, the Miscollar, eoos
PrOceSs shell bo applied to the sums secured by this Security Ios~ument, whether or not then due, with the
~-6(PA)
Pagsgof ~$ Form 3039 31~9
295
80800q8675
excess, if any, paid to Borrower. Such Miscelleneous Proceeds sha)l be ~pplied in thc ord~ provided for in
Secdon 2.
In thc event of a toad raking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secored by this Security Instrument, whether or not ~ due, ~ thc excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which thc fair market
value of the Property immediately befo~ the partial teking, destruction, or loss in value is equal to or greater
than the amount of thc sams secured by this Security Insl/umemt immediately before thc partial taking,
dasUucfion, or loss in value, unless Borrower and Lender otherwisu agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds taultiplisd by the
following fraction: (a) thc total amount of the sums secured immeaiat~.ly before tbe partial taking, demruction,
or loss in value divided by Co) the fair market value of the Property immediately before.the partial taking,
destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in vaiue of the Property in which the fair romP, et
value of the Property immediately he~ore the :partial taking, destraction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, dasltantioo, or.loss in value, unless
Borrower and Lender otherwise agree in writing, thc Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrtuncnt whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Ol~posing
Party (as der-reed in the next sentence) offers to make an award to settle a cisim for damages, Borrower fails
to respond to Lender within 30 days after the date the notice is given, Lende~ is authorized to collect and
apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sams secunM by this
Security Instrtunent, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or thc party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall he in default ff any action or proceeding, whether civil or criminal, is begun that, in
Lender' s judgment, could result in forfeitore of the Property or other material impairment of Loader's int~est
in the Property or rights under this Security Instrument. Borrower can cure such a dafault and, if accaler'afion
has occurred, reiusme ss provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of thc Property or other material impairment of
Lender's interest in thc Property or rights under this Security Instrument The proceeds of any award or claim
for damages that are attributable to the impairment of Lender's interest in thc Property are hereby assigned
and shall be paid to Lender.
All Mise¢llanenos Proceeds that are not applied to restoration or repair of the Property shall be applied
in the order provided for in Section 2. ·
12. Borrower Not Re]eased; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modifzcatinn of amor~iT~don of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release tho liability of Borlower or
any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend lime for payment or otherwise modify amolfization
of the sums secured by this Security Inslrument by reason of any demand made by the original Borrow~ or
any Successors in ~nterest of Borrower. Any forbearance by Lender in exercising any right or remedy
Form 3039 3199
8O8000§675
including, without limitmion, Lander's acccplance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts less then ~e amount *,hen duc, shall not be a waiver of or preclude the
exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants end
agrees that Borrower's obligations end liabilit./ shall be joint end several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co.sigaer"): (a) is co-algning this Security
Insla'ument only m mortgage, gram and convey the co-signer's interest in the Property under the terms of this
Security Instrument; Co) is not personally obligated to pay the sums secured by this Secmity Instrument; and
(c) agrees that Lender end a~y other Borrower can agree to extend, modify, forbear or make eny
accommodations with regard to the mrms of this Security Instrument or the Note without the co-signer's
Subject m thc provisions of Section 18, eny Successor in Interest of Boa'ower who assumes Borrower's
obligations under this Security Inslxument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefit~ under this Security Insmnnent. Bo~ower shall not be released fxom
Borrower's obligations end liability unde~ this Sectuity Instrument unle~ Lender agrees to such release in
writing. The covanunts and akneements of this Security Instrument shall bind (except aa provided in Sec~on
20) and benefit the successors and assigns of Leader.
14. Loan Charltes. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and ~ights und~ this .
Security Inslmmcnt, including, hot not limited to, attorneys' fees, property inspection end valuation fees. In
regard to ~my other fees, the absence of express authority in this Secarity Inalxument to charge a specific fee
to Borrower shall not be cons~ued as a prohibition on the charging of such fee. Lender may not charge fees
that arc expressly prohibited by this Security Insl~ument or by Applicable Law.
If the Loan is subject to a law which se~s maximum loan cherges, end that law is finally in~,,cAed so
that the interest or other loan charges collected or to be collected in connection with the Loen exceed thc
permitted limit~, then: (a) any such loan charge shall be reduced ~y thc amount necessary to reduce thc charge
to the pemdtlvd limit; and (b) any sums already collected from Borrower which exceeded permitted limits
will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under
thc Note or by making a direct payment to Borrower. If a refund reduec~ principal, thc reduction will be
treated as a partial prepayment without any prepayment charge (whether or not a ga~'payment cl~'ge
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Bon'ower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Insmmacnt must
be in writing. Any notic~ to l~,orrower in connection with this Security Instrument shall be deemed to have
been given to Borrower when ra~ed by first class mail or when actually delivered to
ad,~ress if scat by other means, i'4otice to any one Borrower shall constitute notice to all Bo:rowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice n_cl~-ess by notk:e to Lender. Borrower shall promptly notify
Lender of Borrower's change of addre~. If Lender specifies a procure for reporting Borrower's change of
address, then Borrower shall only repOrt a chenge of ~ddre~S through that specified prucedure. There may be
only one designated notice address under ~ Security Inslrumcnt at any one time. Any notice to Lender shall
BOOK1633PAG£
I
80800q8675~
be given by delivezing i~ or by mailing it by first class ~ to ~nd~'s
s~ not ~ d~ m hav~ ~n ~vm ~ ~d~ ~ ~m~y r~vM by ~. ff ~y ~ ~ by
~ S~ In~m~t ~ ~ r~ under App~le ~w. ~e A~c~lc ~w ~t ~ ~y
~e ~ndmg ~u~t und~ ~ S~ity ~s~.
16. Govern~g Law; Severab~ity; Rul~ of Cous~ction. ~ S~ Ins~ ~ ~ gov~M
by f~ ~w ~d ~e ~w of ~e j~fion ~ wh~h ~e ~y ~ 1~. ~ righ~ ~ obtains
~n~ M ~s S<~ Ins~nt ~e sub~t ~ ~y r~ukm~ ~d hmi~om of A~b~ ~w.
AppBc~le ~w might exphci~y or ~pHcifly ~low ~e ~ ~
~ch sBen~ ~ n~ be ~n~ ~ a prohibi6on ~ ~eut by
pmvi~ or c~ of &is S~W ~m~t ~ ~e NO~ con~ wi~ Apph~ ~w.
not ~t o~ ~ons of ~ S~ Insu~t ~ &e No~ whi~
con~c~g
~a~n~g neu~ words or wor~ of ~e re,nMe gCn~;
~lude ~e .pl~ ~d vicu v~; ~d (c) ~ w~ "my" gives ~
. 17. Bo~wer's Copy. B~w~ ~ ~ $~n one copy of
18. Tr~sfer of the ~o~,y or a Beu~e~l Inter~t in B~w~. ~ u~ ~ ~s ~on 18.
"In~ ~ ~e ~" m~s ~y le~ or ~n~c~ m~t ~
· ~ ~c~ int~ ~ in a ~nd for d~. conU~t f~ d~. ~t ~ con~ ~ ~ow
~K ~e ~t~nt of whkh ~ ~e ~f~ of rifle by B~w~ m a ~ ~ m a p~.
If ~1 ~ ~y p~t of ~e ~ ~ ~y In~t ~ ~e ~
not a ~ ~ ~d a ~neficM ~t ~ Bo~ow~r ~ ~ld or ~) ~out
~nL ~der ~y r~ ~m~ pay~t ~ full of ~ s~s ~ by ~ S~ufi~ l~wumunt.
~wevor. ~ open s~ n~ ~ ~ by ~d~ · s~h ex~e is pmhibi~ by A~li~ ~w.
If ~ ~s ~ op~on. ~ sh~ Sve ~w~
provue a ~ of not 1~ &~ 30 ~ys ~m ~ ~ ~e n~u ~ giv~ ~ ~ ~ S~on 15
wi&M W~ B~w~ must p~ ~ ~ ~ by ~ S<~ Ins~t
sums prior to ~e exp~fion of ~is ~fi~. ~nd~ may invok~ ~y
lns~ent ~om f~ nofi~ or ~d on B~ower.
19. B~'a ~ht to ReinsUre Mter A~e~afion. If B~o~ ~ ~ cond~ns.
Bo~w~ ~ Mv¢ ~e ~ht ~ ~v~ ~f~t of ~s S~ Im~t ~n~u~ m ~y ~ ~r
~ ~e ~h~t of: (a) five days ~o~ ~e of ~e ~ p~t
S~W Ins~m~ ~) suO o~ ~od ~ App~b~ ~w mi~t ~ f~ &e ~n~ of B~ow~'s
~ht m ~s~; or (c) ~ of a ~d~t 6nfo~Mg ~is S~ lns~C
Bo~w~ (a) ~ys ~nd~ ~ s~s wMeh ~on would ~ du~ ~d~
d no ~1~ ~ ~ ~) cms ~y d~ult of ~y o~ ~v~
expen~ hc~ ~ enfomMg ~ S~ Ins~t. in~u~g, but not ~i~ ~. ~ble ~omeys'
f~. ~ ~fion ~d v~u~on f~. ~d o~ f~ ~c~ f~ ~e p~ ~ pm~g ~nd~'s
I
I~-6(PA) (sSl~I.Qa
ooxiB33 PAC - 298
8080008675
interest in the ProperV/amd rights under this Security Inswameu~ and (d) lakes such action as Lendm' may
reasonably require lo assure that Lender's interes~ in ~e ProperLy and rights under this Security Inslrumem,
end Borrower's obligation ~O pay the sums secured by {his Security Ins{rument, shall cool, hUe unchanged.
Lender may require that Borrower pay such reinslatement sums end expenses in uno or more of the following
fom~s, as selected by I..end~. (a) cash; Co) money ordec (c) certified check, bank check, Ireasorer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
ageacy, insu-umenmlity or entity; or (d) Electronic Funds 'Pransfer. Upon reinstatement by Borrower, {his
Security Insirumeut end obligations seemed hereby shall remain fu{ly effuctive as if no acceleration had
oecur~d. Hewers, ~ right to reinstate shall not apply in the case of acceleration under Section 18,
~0. Sale of Note; Change of Loan Servicer; Notice of Grinvauce. The Nole or a pa. ial interes~ in the
Note (together with ~ Security Instrument) can be sold one or moro times withom prior notice to Borrower.
A sale might result in a change in the entity (known as the "Loan Servicer") thai collecls Periodic Payments
due under {he Note and this Security Ins~'umem and performs o{her morlgage lo~ servicing obligations
under the Note, ~ds Security Insmameut, and Applicable Law. ~Ihere also might be one or more changes of
the Loan Service' unrelated to a sale of the Note. If there is · change of {he Loan Servicer, Borrower will be
given written nolic~ of {he change, which will s~te the name and address of the new Loan Servicer. the
address to which payments should he made and eny other information RBSPA requires in conna~i~ wi& a
notice of lxansfer of servicing. If {he Note is sold and thereafter {he Loan is serviced by a Loan ~ other
than ~ purchaser of the Note, {he mortgage loan servicing obligmions to Borrower will remain with the
Loan Servicer or he trensfeaed to a successor Loan Servicer end am not assumed by thc No~ purchaser
unless otherwise provided by the Now purchaser.
Neither Boo'ewer nor Lender may commence, join, or he joined to any judicial action (as ei{her an
individual litigant or the member of a class) that arises from {he other party's ectious pursuant te ~ Security
Instrument or {ha~ alleges ~ the other party has breached any provision of, or any duty owed by reason of,
this Security Insu'umant. nmi1 such Borrower or Lender has notified the other pmmy (with such no, ice givva in
compliance with the requirements of Section 15) of such alleged breach and aC-forded the other pammy hereto a
reasonable period after the giving of such notice to ~ake coivective action. If Applicable Law provides a time
p~iod which musl elapse before certain action can be taken, {hat time period will he deemed ~o be reasonable
fur purposes of ~ pacagraph. The notice of a~calerafion and opportunity to cure given to Borrower pursuant
to Section 22 end the no6ce of acceleration given to borrower pursoanT to Section 18 shall be deemed to
satisfy the notice and opportunity to rake corrective aciion provisions of rios Section 20.
21. Hazardous Subsiauces. As used in chis Section 21: (a) "l-{~o~rdons Substances" ~e those
substances defined as toxic or hazardous subsumces, pollutants, or wastes by Environmental Law and the
following substences: gasoline, kerosene, other fiaramable or toxic pe.i~oleum products, toxic pezficides end
herbicides, volatile solvents, materials conlaining asbestos or formaldehyde, and radioactive materials', Co)
"Environmental Law" means federal ]aws and laws of {he jurisdiction whe~ the Property is located ~t relate
to health, safe~ty or environmental protection; (c) "Environmental Cleanup" inclades eny respon~ action,
remedial action, er removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
means a condition that can cause, cunlribu£e to, or otherwise trigger an Environmental Cleanup.
299
808O0O8675
Borrower shall not cause or p~mit the l~esence, usc, disposal, alorage, or releasc of any Hazardous
Substaueea, or threaten lo release any Hazardous Substances, on or in the Property. Borrower shall not
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Favitomnantal
Law, (b) which creates an Environmental Condition, ar (c) which, due to the presence, use, ~ release of a
Hs~'nrdous Substance, arcat~ a condition that advemely affects the value of the Property. The lm:endlng two
son~ shall not apply tO the presence, use, or storage on the Property of small quantities of Hazataloos
Subsl~mces that are genurally recognincd to be apl~opriat~ to normal residential uses and to maintenance of
the Property (including, but not limited to, har~lous substances h~ consumer products).
Borrower shall promptly give l_~ndur written notice of (a) any investigation, claim, demaud, lawsuit or
othar action by auy govurnmental or rcgidat~y agency or lxivato party involving thc P~op~ty and any
l-l. Tardons Substance or Environmental Law of which Bon-ower has actual knowledge, 0a) any
Environrramlai Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any l-In?~rdous Substance, and (c) any condition caused by thc l~..r~llce, use or ]rel{~ of a
]-Tn.-ardous $11bshtoce which aciversely affects the value of the Proparty. If Borrow~ learns, or is ~ by
any govemmcnlal or r~golato~ authority, or any privato party, that any removal or other nlmedia~o' n of any
l-laza~dons Substance affacting the P~pcny is necessary, Borrower shall promptly take all necessary remedial
a~tions in accordance with ~vironmcmal Law. Nothing herein shall create any obligation on Lender for an
Environmental Cleanup,
NON-UNIFORM COVENANTS. Bo~owur and Lendez further covenant and agre~ as follows:
21l. Acceleration; Remedies. Lender shall ~ive notice to Borrower prior to aceeloratiou fullowin8
Borrower's breach of any covenant or n~rcement in this Securit~ I~stru~ent (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall ~otify ~rrov~r
of, among other things: (a) the default; (lb) the action required to care the default; (c) wh~ tim ~et's~lt
must be cured; and (d) that failure to cure the default as specified may result in accek, ratiom of the
sums secured by thh Seeuvity Instrument, foreclosure by judicial proceeding and suk of the Property.
Leader shall further inform Borrower of the right to reinstate after aeeelerafion and the rip. bt to asset
in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to
acceleration and foreclosure, H the default is not cured as specified, Lender at its optlou may require
immediate payment in full of all sums secured by this Security Instrument without further demand and
uray foreclose this .%curi~ I~struurent by Judicial proceeding. Leader shall be eutit~'d to collect all
expenses incurred in pursuing the remedies peovided in this SeCtion 22, including, but not limited to,
attorneys' fees and costs of title evidence to the extent permitted hI Applieabk Law.'
23, Raleas~. Upon payment of all sums secured by this Security Instmmant, this Security .lMstmm¢nt
and the esta~ conveyed shall tmmioate and become void, After such occurrence, Lencler shall {Kscharge and
satis~ this Security Instrument, Borrow~ shall .~y any recordation costs. Lander may charge Borrow~ a f~
for releasing tiffs Security Instrument. but only if the fe~ is paid to a third party for servic~ rendered and the
charging of thc f~ is pennitl~ under Applicabl~ Law.
2.4. Waivers. Borrowur, to the ~xtant permitted by Applicable Law, waives and releases any err~ or
defects in pronce~gs to enforce this Secm-ity Inslnanent, and hereby waives the benefit of any preset or
intm~ laws providing for stay of execution, cxtcualon of time, eaemption from attactunant, levy and sale, and
home.ste~d exemption.
25. Reinstatement Period. Borrower's time to re, instat~ provided in Seclion 19 shall ~xtend to one hour
prior to the commencement of bidding at a sheriffs sale or uther sale pursuant to this Security Iustrmnent,
2~. Poreh~e Money Mortgage. If any of the cl~bt secured by this Security lnslrurnent is lent to
Borrower to acquire title to the Property, this Security instrument shidl be a purchase rnon~ mortgage.
27. Interest Rate After Judgment. Borrower agrees that the intc~st rate payable after a judgment is
cntere<l on the No~ or in an action of mortgage foreclosure shall be the rate payabio from time to tlrn¢ under
the Note.
(~-6(PA) (esl2).oa
Page 1¢ ol i8
. CO
Form 3039 3/99
8080008675'
%
BY SIGNING BELOW, Borrow~ accepts and agrees to the t~ms and covenant~ contained in ~his
Security Instrument and i~ any Rider executed by Borrower and recorded with it.
STEVEN ANBACHER -I~or~ow~t
~~* '- (Seal)
DAVID TONER
(scat) (se:d)
-Bonow~r -Bor~w~r
(s~)
(sca.t) (Sea])
BOOKJ,.633 PAGE .30;[
8080009675
Certificate of Residence
thc J~rect address of thc within-nam~l Mortgagee is
8100 Nations T/ay Jacksonvilla, FL 32256/
Wimess my hand {his 11 t h dly o~//S
, do hem~by c~lify tha~
COMMONWEAJLTH OF PENNSYLVAN']A, (5 '.~ ~/~ ~' l ~ C~
On this,~e 11th day of August, 2000
und~rsignedoffic~r, personally appeared
STEVEN AMBACNER & DAVID TONER
Coun~ m:
,bef~e~e, the
known io mc (or
satisfactorily proven) to be the person(s) whose name(s) is/amc subscribed to Ihe wilhin insimment and
a~knowledged that he/she~they cxccu~l the same for the pm, poses herein contained.
IN WITNESS WI-~REOF, I hereunto set my hand and official seal.
My Commission Expires:
Form 3039 3199
302
FEE SIMPLE DEED
THIS INDENTURE, made thc llth day ofkugust in the year ofotlr
Lord Two Thousand (2000).
BETWEEN KATHLERN 8. NEFF n/k/a KATHLEEN S.
GRAFF, and WILLIIAM N. GRAFF, her husband, of Duncannon, Perry
County: Pennsylvania, Grsntor% Paxties of the First Part,
AND
STEVEN AMBACHER and DA'rID TONER, asjutat,enams with
right of survivorship and not as re, rants in common, of East Pennshnm '
Township, Cumberiand County, Pennsylvania, Grantee, Parties of the Second
Pert,
WITNESSETH that the said Parties of the First Part, for and in
consideration of the sum of Fitly-Two Thousa~id Nine Hundred and No/100
Dollars ($32,900.00), lawful money o£the United States o£Ame~ica, well and truly
paid by the said Partle8 of the Second Part to the said Parties 0fthe First Part, at
and before the sealtngand delivery of these presents, the receipt whereof is hereby
acknowledge, d, baa granted, bai'gahted, sold, allened, enfeoffed, released, conveyed
and confirmed and by thcse pr~cnts does g~aflt, bargain, sell, al~en, enfe~ff.
release, convey, and conflta~ unto the said Parties of the Second Part, their heir%
executors and admiuislxator~.
ALL THAT. CERTAIN. ~L°t or piece of land with ~he imt~rovements_ thereon
erected, sit'ua'ce tn the 1:0~¢/~i{30~0S¥'1~n05~0 Cumberland County,
Pennsylvania, hmmded and descrl}:~l as follows, to wit;
o0 !633 PAGE
· ~..E~t by Second Street ot's~id Town, now Borough of West
BOUNDED on the North by property now or late of
!.Mollz, decc'asedl on the South by propel~ x~ow or late of ~lizabeth
and BOUNDED on the West by an Alley. Having a frontage on
:~nd Street of Twenty-nine (29) feet one and ~even-eighth (1-?/8) inches,
: mor~ Or ~ and extending in depth to the said Alley one hundred thirty-nine
(139) feet more or less.
BE;lNG the northern part of Lot No sc5 in the Plan of said Town of West
Fairview, Pennsylvan~a and known as number 120 N. Socond 8tr¢=t~ West
Fairview, Pennsylvania.
HAVING THEREON ERECTED a two and one-half story £ram¢ dwelling with
barn or rear of lot.
BEING thc ~ame prcmis~ whlvh Patrlch M. Dlvely, widow, by deed dated july
14, 1995, and recorded in Cumberland Count' D~d Rook 125, Page 312, gr:mtecl
and conv~yed unto Kathleen S. Neff, n/k/a Kathleen S. C-raft, who. is joined by
her husband William N. Gr~, Grantors herein.
TOGETHER with all and singular, the tenements, hereditaments
and appurtenances to the same belonging or in anywise appertaining, and the
reversion and reve~ions, rcma/ndcr and ~cmalndcrs, rents~ issues, and profits
thereof; AND ALSO all the ~state, fight, 0fie, interest, property, claim 'and
demand whatsoever, both in law and equity, of the said Parties of the First Part~
of, in, to or out oftlm said pr~nls~, and every part and pardi thereof.
TO HAVE AND TO HOLD the ~ald prernls~, with all and singu~r
the appurIenances~ unto the said Parties of the Second Part, their heirs, executors
and administrators, to ~nd for the only proper'u~e and behoof of the ~aid Partie~
of the Second Part, their heirs, executors and administrators forever,
.MND TH~ SAID Part. ica of thc First Part, for themselves, their heirs,
executors and administrators, do by these presents, covenant, grant and agree to
and with the said Parties of the Second Part, their heirs, executors and
administrators, that they thc said Part/es of the First Part, and their heirs all and
singuhx the hereditaments and premises hereinahove described and granted or
men_tioned and intended so to be, with appm-tenances, unto the said Partlcs of the
Sc¢ond Part, thei~ heh~I executors and administrators, against the said Parties of
oo 1633
EXHIBIT "C"
7808C008575
tNEW-11/22/O(~
Ketum To: Dabble Gatafalo
Mortgage Lenders Network USA, Inc.
Middlesex Corporate Center
213 Court St.
Middletown, CT 0645%3387
Recording Requeste. A By/Return To:
parcel Nurabec:
ASSIGNMENT OF MORTGAGE
For Value Received, the undersigned holder of a Mortgage (h~a-~in "Assignor") whose addr~s is
8100 Nations Nay Jaoksonvilln, FL 32256
, does I~n~by grant, sell,
assign, transfer and conv~y, unto
MORTRAOE LENDERS NETWORK USA, INC. , a corporadon
ocganized and existing under thc laws of De Iawa re (herein "Aaa, nee"), whose
addreasis I4IDDI. ESEX CORP. CENTER 11T# FL, Zla COURT ST., NIODLETOWN CT 06457 ,
accrminMongagedatcd AURust 11, 2000 , made and cxccuted by
STEVEN ANBACHER
DAVID TONER
whosc~dd~ssis i20 SECOND STREET
to and in favor of
National Nortgaoa Center, LLC
following dr, scribed property situated in CUI4BERLAND
Commonwealth of Pennsylvania:
SEE ATTACHED SCHEDULE A
upon the
County,
sach l~tgag~ having b~a glve~ m secur~ payment of F i f ty-Two Thousand, E I ght Rund red
and I/o/100 .............. ($ 52,800.00
(I~clude the Ofis~al p~ci~.l
No. ) of ~e ~~ R~ of
Co~, Co~onw~ of P~nsylv~ toge~
money due ~d ~ ~e due ~ wi& iu~t, ~d
TO ~ ~D ~ HO~ ~e ~e ~ ~sign~,
Psnnsylvsnls Assl~nmsn~ of
"'" ,- '- IIIllllitltllllll l llll
,8080Q08675
WITNESS WI-IEREOF, ~¢ undexsignexl Assignor h~ cx~uted ~is Assignment of Mortgage
Auguat 14, 2000
~ LATRiC~E A. WHITE
RRI S
I~ONDA L ,TTA~NES
National Morl:uage Caner., LLC
dba pr.j. caline mo~rt:lmBao[)
DIANE RIC~SON
ASST, · V.ICE PRESIDENT
Seak NO SEAL
tlon I rtga s Centor,
Th~smuncmP~.a~x~By:~a pr~ce~n, mSrtgags LLC
Nations Way Jacksonville, FL 32256
.address: 8100
,tM. no.: 973-357-7607
STATE OF : Florida
COUNTY OF: DU~AL
ss.
DATE: August 14, 2000
BEFORE ME PERSONALLY APPEARED
OF National Mortgage Center, LLC dba prlceilne mortgage
KNO~IN TO BE THE PERSON NHOSE NAME IS SUBSCRIBED TO THE FOREGOING
INSTRUMENT AND A~KNO#LEDGED/T~ N~/~THAT THIS PERSON EXECUTED THE SAME
FOR PURPOSES A~ )CONSIDER~I~ ~REIN EXPRESSED, AS THE ACT AND DEED
~-995(PA} (e7~o)
'808D008675
ASSIGN-MENT OF MORTGAGE
BBTWBBN:
National Rortgage Center, LLC dba priceline mortgage
AND
MORTGAGE LENDERS NETWORK USA, INC.
MAIL TO:
Wimcss my hand this 14~ h
day of August
Certffica~ofR~ide~ce
1, MORTGAGE LENDERS' NETWORK USA, INC.
do hcrcbyce;li~ ~atASSIGNEE'S ~cciscrc~idcnccis
MIDDLESEX 'CORP. CENTER 11TH FL, 213 COURT ST., MIDDLETONN CT 06457
2000
Ag~t f~ ASSIGNEE
MORTGAGE LENDERS NETWORK USA, INC.
~ -965(PA) (97~o)
VERIFICATION
Scott Hamilton, Litigation Coordinator, and duly authorized representative of Mortgage
Lenders Network USA, Inc., Agent for Plaintiff, deposes and says subject to the penalties of 18
Pa. C.S.A. §4904 relating to unswom falsification to authorities that the facts set forth in the
foregoing Complaint are tree and correct to his information and belief.
Litigation Coordinator
Mortgage Lenders Network USA, Inc.
Loan No. 8080008675 Ambacher/Toner
SHERIFF'S
CASE NO: 2003-04846 P
CONfMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BANK ONE NATIONAL ASSOCIATION
VS
AMBACHER STEVE ET AL
IETURN - OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
AMBACHER STEVEN
but was unable to locate Him
deputized the sheriff of LEBANON
serve the within COMPLAINT
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
in his bailiwick.
County,
- MORT FORE
He therefore
Pennsylvania, to
On October 15th , 2003
attached return from LEBANON
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Lebanon Co
18.00
9.00
10.00
68.30
.00
105.30
10/15/2003
GRENEN & BIRSIC
Sworn and subscribed to before me
this 2~{ day of ~_,
~0%03 A.D.
Prothonotary ' '
this office was in receipt of the
So answer~ ~. ~--~ ..... ~
4. Tho~g's Kline
Sheriff of Cumberland County
SHERIFF'S RETURN -
CASE NO: 2003-04846 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK ONE NATIONAL ASSOCIATION
VS
AMBACHER STEVE ET AL
OUT OF COUNTY
R. Thomas Kline ,
duly sworn according to
and inquiry for the within named DEFENDANT
law, says, that he made a diligent
to wit:
Sheriff or Deputy Sheriff who being
search and
TONER DAVID
but was unable to locate Him
deputized the sheriff of LEBANON
in his bailiwick.
County,
serve the within COMPLAINT - MORT FORE
He therefore
Pennsylvania, to
On October 15th , 2003
attached return from LEBANON
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
10/15/2003
GRENEN & BIRSIC
Sworn and subscribed to before me
this 2,$.~_ day of~
A.D.
Pro~honotary '
__ , this office was in receipt of the
R. Thomas Kline
Sheriff of Cumberland County
In The Court of Common Pleas of Cumberland County, Pennsylvania
Bank One
VS.
Steve Ambacher et al
SERVE: same NO. 03-4846 civil
NOW, September 23, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Lebanon C6unty to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriffof Cumberland County, PA
NOW~
within
upon
at
by handing to
a
and made known to
Affidavit of Service
,20 ,at
o'clock M. served the
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of
,20__
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
In The Court of Common Pleas of Cumberland County, Pennsylvania
Bank One
VS.
Steve Ambacher et al
SERVE: David Toner NO. 03-4846 civil
Sept~nber 23, 2003
hereby deputize the Sheriff of Lebanon
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
C6unty to execute this Writ, this
lq'OW,
within
upon
at
by handing to
a
and made known to
Affidavit of Service
,20 ,,at
o'clock M. served the
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this day of
,20
Sheriff of County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
LEBANON COUNTY SHERIFF'S OFFICE
400 South Eighth Street
Lebanon, Pennsylvania 17042
Telephone (717) 228-4410 Fax Number (717) 279-8398
PLA/NTIFF(s):
Bank One, National Association
DEFENDANT(s):
Steve Ambacher and David Toner
Name of Attorney or other Originator and address below:
Daniel J. Birsic, Esquire
GRENEN & BIRSIC, P.C.
One Gateway Center, Nine West
Pittsburgh, PA 15222
COURT NUMBER: DATE RECEIVED:
03-4846 September 15, 2003
TYPE OF WRIT OR COMPLAINT:
Mortgage Foreclosure
Telephone Number Date
412-281-7650 October 13, 2003
Return Service sheet(s) 1o:
Cumberland County Sheriff's Office
NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO BE SERVED:
SERVICE STEVE AMBACHER
I ADDRESS (Street, Apartment No., City, Borough, Township, State and Zip Code):
470 Darlington Avenue, Jonestown, PA 17038
I acknowledge receipt of writ or complaint as indicated above. Bast E. Achey, Deputy Sheriff
INDIVIDUAL SERVED:
STEVE AMBACHER
LOCATION: (IF DIFFERENT FROM ABOVE):
Served in the following manner:
(X) Defendant personally served
) Adult family member with whom said defendm~t resides
) Adult in Charge of defendant's residence
) Manager/Clerk of pIace of lodging in which defendant resides
DATE: TIME: DOCKET PAGE
10/7/03 11:15 A.M. 19809
BOROUGH, CITY, TOWNSHIP OF:
Swatara Township
) Other:
) Not Found ( ) Moved ( ) No Answer ( ) Vacant ( ) Unknown
) Agent or person in charge of defendant's office or place of business
) Officer of said defendant company
) Posted Property
) Levy on propcnty (COMMENTS)
NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO BE SERVED:
SERVICE DAVID TONER
2 ADDRESS (Street, Apartment No., City, Borough, Township, State and Zip Code):
470 Darlington Avenue, Jonestown~ PA 17038
I acknowledge receipt of writ or complaint as indicated above. Basil E. Achey, Deputy Sheriff
INDIVIDUAL SERVED: DATE: TIME:
LOCATION: (IF DIFFERENT FROM ABOVE): BOROUGH, CITY, TOWNSHIP OF:
DOCKET PAGE
19809
Served in the following manner: ) Defendant personally served
) Adult family member with whom said defendant resides
) Adult in Charge of defendant's residence
) Manager/Clerk of place of lodging in which defendant resides
) Agent or person in charge of defendent's office or place of business
) Officer of said defendant company
) Posted Property
) Levy on property
Advanced$100.00Costs Total Costs$68.30 Cost Due
AFFIRMED and subscribed before me this 13a' day of
October, 2003
Notary Public
NOTARIAL SEJLL
Mary~nn gnkew, Notary Public
Git3, of Lebanon, Lebanon County
( ) Other:
(X) Not Found ( ) Moved ( ) No Answer ( ) Vacant ( ) Unknowo
This Defendant is living in Perry County. Home phone number
Is 717-789-3849, his work number is 717-791~6477, ext. 8042
Signature of
Deputy Shedff
Signature of
Sheriff
(COMMENTS)
Refund Check Number
$31.70 14643
SO ANSWERS,
co
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANK ONE, NATIONAL
ASSOCIATION, as TRUSTEE FOR
RESIDENTIAL FUNDING
CORPORATION, by Mortgage Lenders
Network USA, Inc., Agent,
Plaintiff,
VS.
STEVE AMBACHER and
DAVID TONER,
Defendants.
CIVIL DIVISION
NO.: 03-4846-CIVIL TERM
ISSUE NUMBER:
TYPE OF PLEADING:
Praecipe to Reinstate Civil Action -
Complaint in Mortgage Foreclosure
CODE-
FILED ON BEHALF OF PLAINTIFF:
Bank One, National Association, as Trustee
for Residential Funding Corporation, by
Mortgage Lenders Network USA, Inc.,
Agent
COUNSEL OF RECORD FOR THIS
PARTY:
Daniel J. Birsic, Esquire
Pa. I.D. # 48450
GRENEN & BIRSIC, P.C.
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANK ONE, NATIONAL
ASSOCIATION, as TRUSTEE FOR
RESIDENTIAL FUNDING
CORPORATION, by Mortgage Lenders
Network USA, Inc., Agent,
CWIL DWISION
NO.: 03-4846-CIVIL TERM
Plaimiff,
VS.
STEVE AMBACHER and
DAVID TONER,
Defendants.
PRAECIPE TO REINSTATE CIVIL ACTION -
COMPLAINT IN MORTGAGE FORECLOSURE
TO: PROTHONOTARY
SIR:
Kindly reinstate the Civil Action - Complaint in Mortgage Foreclosure with respect to the
above-referenced matter and mark the docket accordingly.
By:
GRENEN & BIRSIC, P.C.
./? :
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANK ONE, NATIONAL
ASSOCIATION, as TRUSTEE FOR
RESIDENTIAL FUNDING
CORPORATION, by Mortgage Lenders
Network USA, Inc., Agent,
Plaintiff,
VS.
STEVE AMBACHER and
DAVID TONER,
Defendants.
C1V1L DIVISION
NO.: 03-4846-CIVIL TERM
ISSUE NUMBER:
TYPE OF PLEADiNG:
PRAECIPE FOR DEFAULT JUDGMENT
STEVE AMBACHER ONLY
(Mortgage Foreclosure)
I hereby certify that the
address of Plaintiff is:
2255 North Ontario Street #40
Burbank, CA 91504-3120
the last known address of
Defendant, Steve Ambacher is:
470 Darlington Avenue
Jonestown, PA 17038
FILED ON BEHALF OF PLAINTIFF:
Bank One, National Association, as Trustee
for Residential Funding Corporation, by
Mortgage Lenders Network USA, Inc.,
Agent
COUNSEL OF RECORD FOR THIS
PARTY:
Daniel J. Birsic, Esquire
Pa. I.D.#48450
GRENEN & BIRSIC, P.C.
One Gateway Center
9 West
Pittsburgh, PA
(412) 281-7650
GRENEN & BIRSIC, P.C.
Attorneys for Plairffif~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANK ONE, NATIONAL
ASSOCIATION, as TRUSTEE FOR
RESIDENTIAL FUNDING
CORPORATION, by Mortgage Lenders
Network USA, Inc., Agent,
CIVIL DiVISION
NO.: 03-4846-CIVIL TERM
Plaintiff,
VS.
STEVE AMBACHER and
DAVD TONER,
Defendants.
PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against
Defendant, Steve Ambacher, ONLY, in the amount of $60,159.56, which is itemized as follows:
Principal $ 51,979.92
Interest to 11/10/03 $ 3,539.88
Late Charges to 11/10/03 $ 770.76
Other Fees $ 119.00
Attorneys' fees $ 1,250.00
Title Search, Foreclosure and
Execution Costs $ 2,500.00
TOTAL $ 60,159.56
with interest on the principal sum at the rate of $14.94 per diem from November 10, 2003, and
additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises.
GRENEN & BIRSIC, P.C.
Daniel J. Birsic, Es'"-quire
Attorneys for Plaintiff
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
)
) SS:
)
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Daniel J. Birsic, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendant, Steve Ambacher, was not in the military service of the United States of America to the
best of his knowledge, information and belief and certifies that the Notices of Intent to take Default
Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy.
Sworn to and subscribed before me
this I[:~n dayof ['l~xc~-crxi~,~Prt,--)2003.
Notary Public
COMMONWEAt. TH OF PENNSYLVANIA
C 17 Of P ~sburol~, Allegl~eny Co, inly
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANK ONE, NATIONAL ASSOCIATION, as
TRUSTEE FOR RESIDENTIAL FUNDING
CORPORATION, by Mortgage Lenders
Network USA, Inc., Agent,
CIVIL DIVISION
NO.: 03-4846-CIVIL TERM
Phfintiff,
VS.
STEVE AMBACHER and
DAVID TONER,
Defendants.
TO:
Steve Ambacher
470 Darlmgton Avenue
Jonestown, PA 17038
DATE OF NOTICE: October 28, 2003
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 CANNOT AFFORD TO HI1LE 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
2 LIBERTY AVENUE
CARLISLE, PA 17013
1-800-990-9108
FIRST CLASS MAIL, POSTAGE PREPAID
By:
GRENEN & BIRSIC, P.C.
Atlomeys for Plai~tii~f
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANK ONE, NATIONAL
ASSOCIATION, as TRUSTEE FOR
RESIDENTIAL FUNDING
CORPORATION, by Mortgage Lenders
Network USA, Inc., Agent,
CWIL D1VISION
NO.: 03-4846-CIVIL TERM
Plaintiff,
VS.
STEVE AMBACHER and
DAVD TONER,
Defendants.
NOTICE OF ORDER. DECREE OR JUDGMENT
TO:
Steve Ambacher
470 Darlington Avenue
Jonestown, PA 17038
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $60,159.56
with interest on the principal sum at the rate of $14.94 per diem from November 10, 2003, and
additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises.
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANK ONE, NATIONAL
ASSOCIATION, as TRUSTEE FOR
RESIDENTIAL FUNDING
CORPORATION, by Mortgage Lenders
Network USA, Inc., Agent,
CIVIL DIVISION
NO.: 03-4846-CIVIL TERM
Plaintiff,
VS.
STEVE AMBACHER and
DAVID TONER,
Defendants.
MOTION FOR SERVICE OF COMPLAiNT iN MORTGAGE FORECLOSURE
PURSUANT TO SPECIAL ORDER OF COURT
AND NOW, comes the Plaintiff, Bank One, National Association, as Trustee for
Residential Funding Corporation, by Mortgage Lenders Network ~LISA, Inc., Agent, by and through
its attorneys, GRENEN & BIRSIC, P.C., and files the within Motion for Service of Complaint in
Mortgage Foreclosure Pursuant to Special Order of Court as to Defendant, David Toner, only, under
Pennsylvania Rule of Civil Procedure 430 as follows:
1. On or about September 15, 2003, Plaintiff filed a Complaint in Mortgage
Foreclosure against Defendants, Steve Ambacher and David Toner, at the above-captioned number
and term.
2. On or about September 15, 2003, Plaintiff delivered to the Sheriff of Cumberland
County copies of the Civil Action - Complaint in Mortgage Foreclosure filed by Plaintiff at the
above-captioned number and term along with direction cards requesting that the Sheriff of
Cumberland County deputize the Sheriff of Perry County to serve each Defendant with a copy of the
Complaint at their last known address being 470 Darlington Avenue, Jonestown, Pennsylvania
17038.
3. On or about October 7, 2003, Plaintiff receiw,~d Notices from the Cumberland
Cotmty Sheriffs Office indicating that Defendant, Steve Ambacher, was served October 7, 2003 and
that attempts were made to serve Defendant, David Toner, with a copy of the Complaint at his last
known address being 470 Darlington Avenue, Jonestown, Pennsylvania 17038, but Defendant, David
Toner, moved.
4. An Affidavit of the Plaintiff stating the nature and extent of the investigation
which has been made to determine the whereabouts of Defendant, David Toner, and the reasons why
service of the Complaint in Mortgage Foreclosure cannot be made:, is marked Exhibit "A", attached
hereto and made a part hereof.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court direct the Sheriff
of Cumberland County to serve Defendant, David Toner, with the Complaint in Mortgage
Foreclosure by posting a copy of the Complaint on the property at 120 Second Street, West Fairview,
Pennsylvania 17025 and permit the Plaintiff to serve Defendant, David Toner, by mailing a true and
correct copy of the Complaint in Mortgage Foreclosure by certified mail, return receipt requested
and by First-Class U.S. Mail, postage pre-paid to 470 Darlington Avenue, Jonestown, Pennsylvania
17038. Service of the Complaint shall be deemed complete and ~Talid upon posting by the Sheriff
and mailing by the Plaintiff.
BY:
GRENEN & BIRSIC, P.C.
Daniel J. Birsic, E~q~[re
Attorney for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
EXHIBIT A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANK ONE, NATIONAL
ASSOCIATION, as TRUSTEE FOR
RESIDENTIAL FUNDING
CORPORATION, by Mortgage Lenders
Network USA, Inc., Agent,
Plaintiff,
VS.
STEVE AMBACHER and
DAVID TONER,
Defendants.
CiVIL DiVISION
NO.: 03-4846-CIVIL TERM
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 Daniel J. Birsic, 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 Defendant, David Toner, named in the above-captioned matter:
a. On September 29, 2003, Plaintiff mailed to the United States Postmaster at
Jonestown, PA 17038 a request to be furnished with a forwarding address of
Defendant, David Toner.
b. On October 3, 2003, Plaintiffreceived a response from the United States
Postmaster indicating that Defendant, David Toner, is not known at 470
Darlington Avenue, Jonestown, Pennsylvania 17038. A true and correct copy
of that response is marked as Attachment "A", attached hereto and made a part
hereof.
c. Examinations were made of the Jonestown Area Telephone Directory;
however, said examinations failed to produce a listing for Defendant, David
Toner.
d. Examinations were made of the Cumberland Cotmty Voter Registration
Records; however, said examinations failed to produce a listing for Defendant,
David Toner.
e. A computer records search of a nationwide database failed to produce a listing
for Defendant, David Toner.
Finally, affiant deposes and says that after the foregoing investigation, the exact
whereabouts of Defendant, David Toner, remain unknown to the Plaintiff.
GRENEN & BIRSIC, P.C.
BY:
Daniel J. Birsic/,, l~squire
Attorney for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
Sworn to and subscribed before
me this (x~day of ~ s~C)~rT.?g~, 2003.
Notary Public
COMMONWEALTH OF PENIqSYLVANIA
Notanal Seal
Paffida A. Townsend, Notary Public
City Of pittsburgh, Allegheny County
My Commission Expires .June 2, 2007
Member, PennsCvania Assc~iatlon Of Notades
ATTACHMENT A
Postmaster
Jonestown, PA 17038
Date September 29, 2003
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: David Toner
Address: 470 Darlington Avenue
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 hin~self):Paralegal
2. Statute or regulation that empowers me to serve process (not required when requester is an a~omey or a part3'
acting pro se - except a corporation acting pro se must cite
statute):
3. The names of all known parties to the litigation: Bank One, National Association, et al. vs. Ambacher/Toner
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:03-4846
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 18 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.
Signature U
Stacey Dodds
Printed Name
Grenen & Birsic, P.C., One Gateway Center, Nine West, Pittsburgh, PA 15222 (412) 281-7650
FOR POST OFFICE USE ONLY
_ No~ange of address order on file.
.~qo~lmown at address given.
__ Moved, left no forwarding address
__ No such address.
POSTMARK
NEW ADDRESS OR BOXHOLDER'S
NAME and STREET ADDRESS,
1N THE COURT OF COMMON PLEAS OF CUMBERLANT) COUNTY, PENNSYLVANIA
BANK ONE, NATIONAL
ASSOCIATION, as TRUSTEE FOR
RESIDENTIAL FUNDING
CORPORATION, by Mortgage Lenders
Network USA, Inc., Agent,
C1VIL DIVISION
NO.: 03-4846-CIVIL TERM
Plaintiff,
VS.
STEVE AMBACHER and
DAVID TONER,
Defendants.
ORDER OF COURT
AND NOW, to wit, this day of November 2003, upon consideration of the
within Motion for Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order
of Court as to Defendant, David Toner, only, it is hereby ORDEFe~ED, ADJUDGED and
DECREED that the Sheriff of Cumberland County is hereby directed to serve Defendant, David
Toner, with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure by posting
the property at 120 Second Street, West Fairview, Pennsylvania 17025 and Plaintiffis permitted
to serve Defendant, David Toner, by certified mail, return receipt requested and by First-Class
U.S. Mail, postage pre-paid at 470 Daflington Avenue, Jonestown, Pennsylvania 17038. Service
on the Defendant shall be deemed complete and valid upon postirtg by the Sheriff and mailing by
the Plaintiff.
BY THE COURT:
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the within Motion for
Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court and Order of
Court as to Defendant, David Toner, only, was mailed to the following on this 4¢ M-. day of
November 2003, by First-Class, U.S. Mail, postage pre-paid:
David Toner
470 Darlington Avenue
Jonestown, PA 17038
GRENEN & BIRSIC, P.C.
BY:
Daniel J. Birsic,,~s~ire
Attorney for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
SHERIFF'S RETURN -
CASE NO: 2003-04846 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK ONE NATIONAL ASSOCIATION
VS
AMBACHER STEVE ET AL
OUT OF COUNTY
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
TONER DAVID
but was unable to locate Him
deputized the sheriff of PERRY
in his bailiwick.
County,
serve the within COMPLAINT - MORT FORE
He therefore
Pennsylvania, to
On November 17th , 2003
attached return from PERRY
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Perry Co
18.00
9.00
10.00
16.00
.00
53.00
11/17/2003
GRENEN & BIRSIC
Sworn and subscribed to before me
this /~ day of F~6~%~
~)~ A.D.
__ , this office was in receipt of the
R. Thomas Kline/
Sheriff of Cumberland County
SHERIFF'S RETURN
In the Court of Common Pleas
Of the 41st Judicial District
of Pennsylvania-
Perry County Branch
Bank One NA
¥$
David Toner
1081 Greenbriar Rd.
New Bloomfield, PA 17068
NO. 03-4846
Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a
diligent search and inquiry for the within named Defendant(s) to wit David Toner, but
was unable to locate him/her in his bailiwick. He therefore returns the within Complaint
in Mortgage Forclosure, to the above named Defendant(s) David Toner, of 1081
Greenbriar Rd. New Bloomfield, PA 17068 NOT FOUND. As per New Bloomfield,
PA. Post Office, no such individual.
Sworn and subscribed to before me
this [5/_ day of /~; · ,2003.
Sheriff of Perry County
In The Court of Common Pleas of Cumberland County, Pennsylvania
Bank One NA
VS.
Steve Ambacher et al
SERVE: David Toner
No. 03-4846 civil
Now, Nov~mbor 6, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of mr-r~ County to execute' this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Ct~mberland County, PA
I~OW,
upon
at
by handing to
and made known to
Affidavit of Service
,20 ,at
o'clock M. served the
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of
,20
Sheriffof
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
BANK ONE, NATIONAL:
ASSOCIATION, as :
TRUSTEE FOR :
RESIDENTIAL :
FUNDING :
CORPORATION, by
Mortgage Lenders
Network USA, Inc.,
Agent,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vo
STEVE AMBACHER
and DAVID TONER, :
Defendants :
CIVIL ACTION - LAW
NO. 03-4846 CIVIL TERM
ORDER OF COURT
AND NOW, this 8th day of December, 2003, upon consideration of Plaintiff's
Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of
Court, it is ordered and directed that Plaintiff may serve the complaint on Defendant
David Toner, by (1) mailing a tree and correct copy of the complaint by certified mail
and regular mail to Defendant's last known address at 470 Darlington Avenue,
Jonestown, PA 17038, and the mortgaged premises at 120 Second Street, West Fairview,
PA 17025, (2) publication once in the Cumberland Law Journal and in a newspaper of
general circulation in Cumberland County, Pennsylvania, and (3) posting the mortgaged
premises. Service by mail will be deemed complete upon mailing.
BY THE COURT,
Daniel J. Birsic, Esq.
One Gateway Center, Nine West
Pittsburgh, PA 15222
Attorney for Plaintiff