HomeMy WebLinkAbout08-4065C
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D.,
Plaintiff,
Vs.
ANTOINETTE SELBY,
Defendant.
TO DEFENDANT
You are hereby notified to plead to the ENCLOSED
COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF
6ZTORNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
205 West 41h Street
Suite 500
Cincinnati, OH 45202
AND THE DEFENDANT IS:
2305 Buckingham Avenue
Mechanicsburg, PA 17055
EY PLAINTIFF
CIVIL DIVISION
NO.: 0
TYPE OF PLEADING
CIVIL ACTION-COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF PLAINTIFF:
U.S. Bank N.A., N.D.
COUNSEL OF RECORD FOR THIS
PARTY:
Brian B. Dutton, Esquire
Pa. I.D. #81953
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
2305 Buckingham Ave Upper Allen Township
(CITY, BORO, TOWNSHIP,WARD)
TTORNEY FOR PLA IFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
vs.
NO..
ANTOINETTE SELBY,
Defendant.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or Toll Free (800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: O S- qO(, S 0- c.P -
vs.
ANTOINETTE SELBY,
Defendant.
CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE
U.S. Bank N.A., N.D. by its attorneys, Grenen & Birsic, P.C., files this Complaint in
Mortgage Foreclosure as follows:
1. The Plaintiff is U.S. Bank N.A., N.D., which has its principal place of business at
205 West 4t' Street, Suite 500, Cincinnati, Ohio 45202 and is authorized to do business in the
Commonwealth of Pennsylvania.
2. The Defendant, Antoinette Selby, is an individual whose last known address is
2305 Buckingham Avenue, Mechanicsburg, Pennsylvania 17055.
3. On or about May 25, 2007, Defendant executed an Adjustable Rate Note ("Note")
in favor of Wilmington Finance, Inc. in the original principal amount of $237,900.00. A true
and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about May 25, 2007, as security for payment of the aforesaid Note,
Defendant made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as
Nominee for Wilmington Finance, Inc. a Mortgage in the original principal amount of
$237,900.00 on the premises hereinafter described, said Mortgage being recorded in the Office
of the Recorder of Deeds of Cumberland County on June 11, 2007 in Mortgage Book Volume
1995, Page 2983. A true and correct copy of said Mortgage, containing a description of the
premises subject to the Mortgage ("Mortgaged Premises"), is marked Exhibit "B", attached
hereto and made a part hereof.
5. On or about February 7, 2008, Mortgage Electronic Registration Systems, Inc., as
Nominee for The Wilmington Finance, Inc. assigned all of its right, title and interest in and to the
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 March 3, 2008 at
Instrument Number 200806176. A true and correct copy of said Assignment of Mortgage, is
marked Exhibit "C", attached hereto and made a part hereof.
6. Defendant is the record and real owner of the aforesaid Mortgaged Premises.
7. Defendant is in default under the terms of the Mortgage and Note for, inter alia,
failure to pay the monthly installments of principal and interest when due. Defendant is due for
the February 1, 2008 payment.
8. On or about January 31, 2008, Defendant was mailed a Notices of Homeowner's
Emergency Mortgage Assistance Act of 1983 ("Act 91 Notice") in compliance with the
Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended.
9. Plaintiff was not required to send Defendant a separate Notice of Intention to
Foreclose Mortgage in compliance with Act 6 of 1974, 41 P. S. §101, et seq., as a result of
sending the Act 91 Notice.
10. The amount due and owing Plaintiff by Defendant is as follows:
Principal $236,967.70
Interest to 6/30/08 $ 10,569.00
Late Charges to 6/30/08 $ 860.58
Escrow Deficiency to 6/30/08 $ 1,250.04
Corporate Advances $ 295.00
Attorney's fees $ 1,250.00
Title Search, Foreclosure and
Execution Costs _$ 2,500.00
TOTAL $253,692.32
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $253,692.32 with interest thereon at the rate of $58.50 per diem from June 30, 2008, and
additional late charges, additional reasonable and actually incurred attorney's fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the Mortgaged
Premises.
GRENEN & BIRSIC, P.C.
BY:
;ria?n B. Dutton, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
0 0
ADJUSTABLE RATE NOTE
? n I'1 e-- -4e- (LIBOR Iselax .Rah Caps)
ens:
St 1r6 Leeer:80e0o47a51
I MM:i0037340795450516e
TRW NOTE Allr18 PROVMDKS ALLOWING IFOR CHANGES Br Nfly valgiEnT
RATE AND MY MONMY PAymMM TMS NOTE LVAM THE AMOUNT My
INTRREST RATE CAN CHANGN AT ANY ONE TIIMII: AND TM MAXDnK RATE I
MUST PAY.
NAY 25, 2007 STATE COLL808 PMOMYLVANXA
[Dote] [City] (State)
2305 BUCXIN(Mil AV==, 1RCBARICBBVR(i, PA 17055
[Property Address]
L BORROWICRIB PROMME; TO PAY
In return for a loan that 1 have received, 1 promise to pay U.S. 5237, 000.1
(this amount is called
"Principal"), plus interest, to the order of the Lander. The Lander Is MIL1RNGT= FxNxNcs IIIC, . I will make
all payments under this Note in the farm of cash, dock or money order.
i undermul that the Lander mty transfer this Note. The Lander or anyone who takes this Note by transfer
and who is entitled to receive payments under this Nate is called the "Note Holder"
2. VfTERWM
Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will
interest at a yearly rate of a. 990W The Interest rate 1 will pay may change in accordance with Section 4 of his
Note The Interest rate required by this Section 2 and Section 4 of this Note Is the nth i will pay both before and
after any defisult
P described In Section 7(B) of this Note.
(A) Time mad Place of Payments
i will pay principal and interest by making a payment every month.
1 will make my monthly payments on the first day of each month beginning on JDLT 1, 2007. 1 will
make these payments every month until i have paid all of the principal and interest and any other charges described
below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will
be applied to Interest before Principal. If, on imm 1, 2037, l still owe amounts under this Nate, l will pay those
amounts in full on that date, which Is called the "Maturity Date."
I will make my monthly payments at PO BOX 209, PLYKOOTR NCRTING, PA 19462 or at a
different piece if required by the Note Holder.
(B) Amount of My Iaitlai Monthly Payments
Each of my initial monthly payments will be In the amount of U.S. $1, 912.49. This amount may change
(C) Meutltly Payment Change
Chang= in my monthly payment will reflect changes In the unpaid principal of my low and in the Interest
rate that 1 must pay. The Note Holder will determine my new Interest rate and the changed amount of my monthly
payment in accordance with Section 4 of this Note.
4. WrERIM RATE AND MONTHLY PAYMENT CHANG S
(A) Cheap Data
The interest rate 1 will pay may change on the first day of.TM, 2010, and on that day every sixth
month thereafter. BEach date on which my interest rah could change Is called a "Change Date."
(B) The Rados
Beginning with the first C hwQe Data my interest rate will be based on an index. The "Index" Is the
average of interbank offered rates for six-month U.S. dollar-denominsted deposits in the London market ("LIBOR"),
as published in 77w Wall Street Jowrtal. The most recent index figure avaiMk ae of the fist business day of the
month immediately preceding the month in which the Change Date occurs is called the "Current Index."
6ORZWATi AWUMBL& RATK MOM -LIBOR p fl= _qM& fmn*- RrW& Mac UNMRM UWMUMW f
M+J 9816.16 Poe 1 oft Dun ilea trot
Modified by WZTAMMTW rxmmz Arc.
0 i
ssoso478si
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. Ths Note Holder will give me notice of this choice.
(C) Caleubdiss of Changes
Before each Change Date, the Note Holder will calculate my new intermt rats by adding PM AND
N731VM-1T2N! 13ORflRSDTER Perot., a points (5.990%) to the Current Index. The Note Holder will then
round the result trf this addition 10 the nearest one-eighth of one percentage point (0.125%). Subject to the limits
stated in Section 4(0) below, this rounded amount will be my new in' rate until the next Chap Data.
The Note Holder will then determine the amount of the monthly psymorK prat would be sufficient to repay
the unpaid principal that I am expected to awe at the Change Dale in fidi on the Maturity Dote at my new interest
rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment.
(11) IJidts an hdonsaRato Changes
The interest rate I am required to pay at the first Change Data will not be grater flan 11.990% or lea
than 6.990'x. Tharafter, my Interest rate will never be increased or decreased on any single Change Deb by more
than on percentage point (1.000%) from the rate of interest I have been paying for the preceding six months. My
interest rate will never be greater than 14.990%, or leas than 8. 990%.
(E) Mactive Dais of Chwga
My now interest rate will become effective on each Change Date. I will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount of my monthly
payment changes again.
(1) Nodoe of Cbww
The Nola Holder will deliver or mail to me a notice of any changes In my interest rate and the amount of
my monthly payment before the effective date of any change. The notice will include information required by law to
be given to me and also the title and telephone number of a person who will answer any question I may have
regarding the notlea.
1 BORROWER'S RJGBT TO PRBPAY BEN IPRHPAMMM WMIM TO NMI ATTACMCD RERRTO
AIM ME A PART RXIMP.
I have the right to make payments of principal at any time before they are due. A payment of Principal only
is known es a Prepayment When I make a Prepayment, I will tell the Note Holder in writing that 1 am doing so. I
may not designate a payment as a Prepayment if 1 have not made all the monthly payments due under the Note.
I may make a fall Prepayment or partial prepayments without paying any prepayment charge. The Note
Holder will use my Prepayments to reduce the amount of Principal That 1 owe under this Note. However, the Nob
Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount befbm applying my
Prepayment to reduce the Principal amount of the Note. If 1 make a partial Prepayment. there will be no Changes in
the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My larW
Prapsymem may refute the amount of my monthly payments afar the first Change Dais following my partial
PrepsymeoL However, any reduction duo to my partial Prepayment may be o%K by an Interest rate incrame.
f. LOAN CHARMS
If it law, which applies to this loan and which sea maximum loan charge Is finally Interpreted so that the
interest or other loan charges collected or to be collected In connoodo n with this loan exceed the permitted limits.
then: (a) any such loan charge shall be reduced by the amount neceumy to reduce the chop to the permitted Ilmit;
and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. Tha Note
Holder may choose to make this ref ind by reducing the Principal 1 owe under this Note or by making a direct
payment to me. If a reftod reduces Prktcipal, the reduction will be treated as a partial Prepayment.
7. BORRDWZR#s RU .DRR TO PAY AS nQUMXD
(A) late Charges Far Owe d so Payments
If the Note Holder has not received the full amount of any monthly payment by the and of 15 calendar days
after the date it Is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0 00% of my
overdue payment of principal and Interest. I will pay this he charge promptly but only once on each Into payment
(B) Da6ult
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
811ATIMTE ADANTARLE RATE NOTE-LMOR VMZX,Bleale Fondly- Peedd a Mae UMTOlta1 aISTRpM f
v 9186.16 Parse 2 orb )fora 3559 lAi
Modlaed by WXEMI GTOn P?OCUM Me. .5
0 •
!000047451
(C) Notice of Dahut
If lam in default, the Noe Holder may send me 4 written notice telling me that If I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which
has not been paid and ail the Interest that i owe on that amount. That date must be at least 30 days trier the date on
which the rodeo is mailed to me or delivered by other means.
Ill) Me Welver By Mote Holder
Evers if, at a time I am in dof4ult, the Note Holder does not require no to pay immediately In f411 as
described above, the Note Holder will still have the right to do an if I am in default at a later time.
(L) laymen[ of Nets Hddges Cask said Eapmm
If the Note Holder hne required me to pay in full an described above, the Note Holder will have the right to
be paid back by me fix all of its casts and expenses in anfbrcing this Note to the extent not prohibited by applicable
law. Those expenses include, for example, reasonable attorneys' foes.
L GTVIING O1r NOTICRS
Unless applicable law requires a different method, any notice that must be given to me under this Note will
be given by delivering it or by mailing It by first elms mall to me at the Property Address above or at a different
address if l Siva the Note Holder a notico of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering It or by
mailing it by first class mall to the Note Holder at the address stated In Section 3(A) above or at a different address if
I am given a notice of that difl6rent address.
!. OBLIGATIONS OF MISONS UNDER 7=1 KUM
If more than one person signs this Note, each person is fully and personally oblig oted to keep all of the
promises made in this Note, including the promise to pay the 1411 amount owed. Any person who In a guarantor.
surety or endorser of this Note Is also obligated to do these things. Any person who takes over Chow obligations,
including the obligations of a guarantor, surety or endorser of phis Note, is also obligated to keep all of the promisee
made in this Note. The Note Holder may enfbree its rights under this Note agoi st each parson individually or
?IQ st all of us together. 'Ihis means that any one of us may be required to pay all of the amerums owed under fhb
1L WAIVERS
1 and any other person who has obligations under this War waive the rights of Presentment end Notice of
Dishonor. "Presentment' means the right to requite the Note Holder to demand payment of amounts due. Notice of
Dishonor' means, the right to require the Note Holder to give notice to other persons that amounts due have not been
pall.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations In sore jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trost, or Security Deed (die 'Security
instrument'), dated the same daft as this Nos, protects the Note Holder from possible losses which might result if i
do not keep the promises that 1 make in this Note. That Security Instrument describes how ead under what
conditions i may be required to make immediate payment In fttll of all smounts I owe under this Note. Some of
these conditions are described a follows:
. T ra>tdir of Cher Property or a BenaDdd Inlosed Is, Barrswer If all or any part of the
Property or any interest in the Property is said or tratsRared (or if Be., owns Is not a natural person
and a bomfieiel Internet in Borrower is sold or transferred) without Lernder s prior written consent,
Lender may require immediate payment In full of all sums secured by this Security Iostru eriL
However, this option dell no be exercised by Lender if such exercise is prohibited by Applicable
Law. Lender also shall not exercise this option If (a) Borrower causes to be submitted to Lender
information required by Lender to evaluate the Intended transferrae as if a new loan were being
made to fire transferee; and (b) Lender ressoraMy determhsne diet Lender's security will not be
impaired by the loan assumption and that the risk of a breach of any cement or agreement in this
Security Instrument is acceptable to Lender.
To the extant permitted by Applicable Law, Lender may charge a reasonable fee as a
OmLTI rm ADjwAwz aATL lntm -um own -sinate Fanny- Frd& m. uNi mm rtllfNmmT
9x".16 Men 3 04 bare 34w 1141
Modiaed by Nsr om2t r Piumm nrc. AS
3000043851
condition to Lender's consent to the loan wumptI m. L4mder may also require the trarufires to
si=n an assumption agreement that is aooaptabk to I.andar and that obligors the tramferoe to keep
all the promises and egreer ants made In the Note WW In this Security InMMmanL Borrower will
oomdnue to be obligated under the Now and this Security Instrument unless Lender releases
Borrower in writing.
If lender exercises the option to require Immediate payment in 1`611, Lender shall give
Borrower notice of acceleration. The notice shall provide a period of not less than 30 days Rom
the date the malice is given in accordance with Section IS within which Harrower mat pay all
sums secured by this Security Instrmmnt If Borrower ``tits to pay these Senn, prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security instrument
without thither notice or demand on Borrower.
W1TNF.SB =L(S) qF THE UNDERMINED.
[Sign original only]
MULTWrATE ADJUSUMILE RATS NO'1'It - LIBOR DMeX -Single Pamdy- F}sddk Mae UHBORM V4871ltlyt M
!J "Id,16 Puce 4 04 Pines 300 tlet
Modiaed by NILMMUMnm rzmamca rne.
PREPAYMENT RIDER TO NOTE
saran!
Leeee:7000047011
MIN: 100777407054505065
The Note dated 1MY 2S, 2007 between NILUMN M F31PANCB ZNC. (Lender) and 7n11TOINow !
SELBY (Borrower or I) is hereby amended as fbllow5:
1. Additional Covenants. Notwithstanding anything to the contrary sat iinrth in the Note or Security Instrument,
Borrower and Lender covenant, and agree, that the provisions of the section of the Note artided "BORROWER'S
RIGHT TO PREPAY" or "BORROWER'S PREPAYMENTS BEFORE THEY ARE DUE" is amended to read ea
follows:
I have the right to make payments of principal at any time barons they are due. A prepayment of the entire
unpaid principal is kno m as a "Full Prepayment". A prepayment of only part of the unpaid principal is known as a
"Partial Prepayment". When I make a Prepayment, 1 will tell the Note Holder In writing that I am doing en. I may
not designate a payment as a Prepayment if l have not made all the monthly payments due under the Note.
Except as provided below. I may make a full prepayment or a partial prepayment without paying any
penalty. If 1 make is Partial prepayment equal to one or more of the monthly payments, m dare dote
advanced no mom than one month. If 1 make any other partial prapayment, I must still make each later paymee as it
becomes due and in the acme amount. I may make a full prepayment at any time. However, if within the flrat 36
months after execution of the Mortgage, 1 make any prepsymem(s) within any 12 month period, the total amount of
which exceeds ten percent (10%) of the original principal amount of this loan: I will pay a prepayment charge in an
amount equal to S. 000% of the amount prepaid in exoem of 10% of the original principal balance of the Note.
This Rlder will remain in fidl force and effect unless the Note is tmmf rred by Lander and the Borrower Is
notified in writing by the new Note Holder, at its sole option, has declared the Rider null and void. If the Rider is
declared null and void, the original Note terms shell remain in full force and eldest.
By signing below. Borrower(s) cept(s) and agree(s) to the terms and covenants contained in this
Prepayment Pe ty Rider to Note.
- BORROAR - AtvTOn4t4TTB 71111y- - rs
WO 0906.! Pete I 0(i
EXHIBIT "B"
$2-0029y 2gy
auras r, -:-:-.?
du,r lI PM 2 00
After Recording Return To: 1
WILNINOTON PIRRM, INC. I p?
PO BOX 7000 0
PLYMOUTH KEETINO, PA 19462
(877) 963-4968
Prepared By:
Acadia Settlement Services, LLC
341 Science Park Road
Suite 205E &A( 0-j-0D1(o(f
State College, PA 16803
Property Address:
2305 SUCX3atGSAM AVENUE
MECRANICEEURO, VA 17055
PIN: 42-30-2108-272
ISpm Above This Lim Air ma Dool
MORTGAGE
SELST
LOW:: 20:004351
PIN: 42.70-2105-272
MIN: 10037240705450S0aS
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections
3, 11. 13, 12,20 and 21. Certain rules regarding the usage of words used in this document am also provided
in Section 16.
(A) "Security lodruaseat" means this document, which is dated MAY 25, 2007, together with oil Riders
to this document.
(111) "ROMWte' is ANTOINETTE SELBY, SINGLE WOMAN. Borrower is the mortgagor under this
Security Instrument.
(C) "MERS" is Mortgage Ekcuwic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's succassors and assigns. MERS b the morthgee under
tbb Security 11natranleEt. MERS is organized and existing under the laws of Delaware, and has an address
and telephone number of P.O. Box 2026. Flint. MI 48501-2026, tel. (881) 679-MERS.
(D) "Lender" is WILMINGTON 8'IHANCS INC.. Leader is a CORPORATION organized and existing
under the laws of DELAWARE. Lender's address is 401 PLYMOUTH ROAD, SUITE 400, PLYMOUTH
32ETINC, PA 19462.
(E) "Note" means the promissory note signed by Borrower and dated MAY 25, 2007. The Note states that
Borrower owes Lender TWO HUNDRRD THIRTY-SEVM THOUSAND NINE HUNDRED AND 00/100
Dollars (U.S. S237, 900.00) plus interest. Burrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in (611 not later than JUNE 1, 2037.
(F) "Property" means the property that is described below under the heading 'Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
PENNSYLVANIA-6inate remit'-FeaaN MadFnddk Mae IAMRM WSflWatENT
<9.? 347.32 Pane 1 or 13 Foes 30M INI
BK 1995PG2983
2000043/51
due under the Note, and all sums due under this Security instrument, plus interest.
(II) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower (check box as applicable):
0 Adjustable Rate Rider O Condominium Rider O Second Home Rider
O Balloon Rider a Planned Unit Developinent Rider ? Biweekly Payment Rider
O 14 Family Rider 0 Other(s) (specify)
M "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(.n "Community Association Does, lees, mod Assessereob" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(11Q "Weetroaie Funds Ttmaokel means arty transfer of dmds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of--sale transfets, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Item" means those Items that are described in Section 3.
M "Misee6neous Iftoaeds" mans any compensation. settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
(N) "Mortgage lasanmx" means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (it) any amounts under Section 3 of this Security Instrument
(P) "REVA" mans the Real Estate Settlement Procedures Act (12 U.S.C. 62601 at seq.) and its
implementing regulation, Regulation X (24 C.F.A. Part 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions dui are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
(t) "Successor in Inteou of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Low, and ail renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, gent and convey to
MERS (solely n nominee for Lender and Lenders successors and assigns) and to the successors and assigns
of HERS the following described property located in the commy (Type of Recording Jurisdiction) of
CUNSSRUUW (Name of Recording Jurisdiction)
LEGAL DESCRIPTION ATTACHED NRMM AND NXDB A PART HEREOF.
which currently has the address of 2305 HUCIINGEAN AVENUE, NSCNItNICODURG, Pennsylvania
17055 ("Property Address"):
TOGETHER WITH all the improvements now or hereafter enacted on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
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additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security
Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the
interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom,
MERS (as nominee for Lander and Lender's successors and assigns) has the right: to exercise any or all of
those interests, including, but not limited to. the right to foreclose and seft the Property; and to take any
action required of Lender including. but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property Is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covesma with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payraeot of Prioeipal, Iahrest, ZK- Items, Prap"cat Charm mad Leh Charges.
Borrower shall pay when dux the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to tender unpaid. Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as selected
by lender: (a) cash; (b) money order, (c) certified cheek, bank chock, treasurer's check or cashier's check,
provided any such check is drawn upon an Institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments we insufficient to
bring the Loon currant. Lender may accept any payment or partial payment insufficient to bring the Loan
cutrmnt, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time Mich payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest
on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds
or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal
balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now
or in the future against Lender shall relieve Borrower from making payments due under the Note and this
Security Instrument or peribrming the covenants and agrmemenu secured by this Security Instrument.
2. Application of Payments or Proeaads. Except as otherwise described in this Section 1, all
payments accepted and applied by Larder shall be applied in the following order of priority: (a) interest due
under the Now. (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be
applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be
applied first to late charges. second to any other amounts duce under this Security Instrument, and then to
reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
full. To the extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due. Wlunlary prepayments shall be
PIT MYLVANIA-Single FamilyFaade Madirreddte Mae UNIFORM [IMMUMLNT
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applied first to any prepayment charges and then as described In the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. lhads for Fierow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a stun (the 'Funds') to provide for payment of amounts due for:
(a) taxes and assessments and other items which can attain priority over this Security Instrument M a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Lender under Seaion S; and (d) Mortgage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. Then item we called 'Escrow Items." At origination or at any
time during the term of the Loan. Lender may require that Community Association Dues, Fees, and
Assessments, if any, be cscrowed by Borrower, and such does, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower
shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall flimistl to Lender receipts evidencing such
payment within such time period as Lender may require. Borrowers obligation to make such payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
Insa men t. as the phrase 'covenant and agreement" is used in Section 9. If Borrower Is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Loader may exercise its rights under Section 9 and pay such amount and Borrower shall than be obligated
under Section 9 to repay to Lender may such amount. Lender may revoke the waiver n to any or all Escrow
lutes at any time by a notice given in accordance with Section IS and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts, that arc then required under this Section 3.
Lender may, at any time. collect end hold Funds in an amount (a) sufficient to permit Lender to
apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are invited by a Federal agency,
instrumentality, or entity (including Lender, if Lender is an Institution whose deposits am so insured) or in
any Federal Horne Loan Bank. Lender shall apply the Fonds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds. annually
analyzing the escrow -count, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on the Funds. Lender shell not be required to pay Borrower any
interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be
paid on the Funds. Lender shall give to Borrower, without charge, an annual -counting of the Funds as
required by RESPA.
If there 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 there is a shortage of funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If them is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in Nit of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Cbarge; Lians. Borrower shall pay all taxes. assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
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ground rents on the Property, ifany, and Community Association Dues, Face, and Assessments, if any. To the
extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner =Viable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent
the enforcement of the lien while those proceedings am pending, but only until such 1 1,-dings are
concluded; or (c) secures from the holder of the Ilen an agreement satisfactory to Lender subordinating the
lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice idemifying the lien.
Within 10 days of the date on which that notice is given. Borrower shall satisfy, the lien or take one or more
of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this loan.
S. Property losersi nce. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any other
hazards including. but not limited to, earthquakes sod floods, for which Lander requires 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 term of the Loan.
The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower
to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification
and tracking services; or (b) a one-time charge for Flood zone deter,ination and certification services and
subsequent charges each time mmappings or similar clnnges occur which reasonably might affect such
determination or ctrtifcation. Borrower shall also be responsible for tho payment of any firs imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determination
resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender Is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage to obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at
the Note rate from the date of disbursement and shall be payable, with such intr rest, upon notice from Lender
to Borrower requesting payment.
All insurance policies required by Lerner and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for
damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall
name lender as mortgagee and/or u an additional loss payee.
In the event of loss, Borrower shall give prompt notice to The insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by larder, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lander has had an opportunity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
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Payments u the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be
paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the insurance proceeds shalt be applied to
the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Sommer abandons the Property. Lender may file. negotate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, than Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under Section
22 or otherwise. Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an
amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other or
Borrower's rights (other than the right to any refimd of unearned premiums paid by Borrower) under all
insurance policies covering the Property. insofar as such -fights 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 nag rhea due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution or this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the dare of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
% Preservation, Witleasoee and 11releedon of the Property, Inspections, Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from daeriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section S that repair or restoration is not economically feasible. Borrower shall promptly repair the Property
if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds arc paid in
connection with damage to, or the taking or. the Property, Borrower shall be responsible for repairing or
restoring the pro" only if Lender has released proceeds for such purposes. Lender may disburse proceeds
rot the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation procads are not suMcient to repair or restore the Property,
Borrower is not relieved orBorrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause. Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time or or prior to such an intarior inspection tpxcifying such reasonable
coarse.
S. Darr imar'a Loan AppBeades. Borrower shall be in defauk if, during the Loan application
process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate klfortnation or statements to Lender (or
failed to provide Lender with material information) in connection with the Loan. Material representations
include, but are not limited to, representations concerning Borrower's occupancy of the Property as
Borrower's principal residence.
P. Protaedoo of Lender's Internal In the Properly and Rights Under thin Seew ty IastrnasaaL
If (a) Harrower rails; to perform the covenants and agreements contained in this Security instrument, (b) them
is a legal proceeding that might significantly affect Lender's interest in the Properly and/or rights under this
Security Instrument (such as ¦ proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest In the Property and rights wrier this Security
Instrument, Including protecting and/or assessing the value of the Property, and securing and/or repairing the
Property. Lender's actions man include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to
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Protect its interest in the Property and/or rights under this Security Instrument, including its secured position
in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, lunge locks, replace or board up doors and windows, drain water kern pipes, eliminate
building or other code violations or dangerous condition. and have utilities turned on or off. Although
Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized
under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shell be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
if (his security Instrument is on a leasehold. Borrower shall comply with all the provisions of the
lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel
the ground lease. Borrower shall not, without the express written consent of Lender, niter or emend the
ground lease. If Borrower acquires fee tick to the Property, the leasehold and the lee title shall not merge
unless Lender agrees to the merger in writing.
10. Moripge Insurance. If Lender required Mortgage Insurance as a condition of making the
Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any
reason, the Mortgage Insurance coverage required by Lender cenes to be available from the mortgage insurer
that previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to
the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer
selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall
continue to pay to Lender the amount of the separately designated payments drat were due when the
insurance coverage ceased to be in effect. Lender will accept., use and retain theme payments as a non-
refundable less reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay
Borrower any interest or earnings on such loss reserve. Lander can no longer require lass reserve payments If
Mortgage Insurance coverage (in the amount and far the period that Leader requires) provided by an insurer
selected by Lender again becomes available, is obtained, and Lander requires separately designated payments
toward the pr nniums for Mortgage Insurance. If lender required Mortgage Insurance as a condition of
making the loan and Borrower was required to mace separately designated payments toward the premiums
for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage insurance in effect,
or to provide a non-rellmdable loss reserve, until Lender's requirement for Mortgage Insurance ends in
accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section 10 effects Borrower's obligation to pay
interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance In fora from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
are an terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source of
fiords that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements. Lender, any purchaser of the Note, another insurer, any reinsurer,
¦ny other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments fbr Mortgage Insurance, in
exchange fbr sharing or modifying the mortgage insurer's risk, or reducing lasses. If such agreement provides
that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to
the insurer, the arrangement is often termed "captive reinsarance." Further:
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(a) Any sub ageeentesd wilt not aReet the amounts that Borrower bas agreed to pay for
Mort" Insurance, or may etbor forma of the Lam Such ngnsmeab will not iaernua the amount
Borrower will owe Par Mortgage Laramoce, and they will met udds Borrower to any refund.
(b) Any tact agroamonts will not affKt the rights Borrower ham " If any - wkb roped to the
Mortgage Iusnrance under rho Hossomaers lmted ion Act of 1991 or any enter 16% Thom riots my
isdade the tight to receive certain dbhelesares, b re"eat sad eI I I cswdk*m of too Mortgage
Insurance, to bow flue Mortgage lamrrnace terminated sotamatledtn attdlar to receive a refnod of any
Mortgage inunnee premiums tbat were untamed at the tlma stuck eaxdadon w tsrasloatiom
11. Asdgament of Ninullaneoa Proceeds; Forfeiturs. All Miscellaneous Proceeds we hereby
assigned to and shall be paid to Lender.
if the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lander shall Issue the right to hold such Miscellaneous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
maturation In a single disbursement or in a series of progress payments m the work is completed. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,
Lender shall not be required to pay Borrower any interest or comings on such Miscellaneous Proceeds. lithe
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the
excess, it any, paid to Borrower. Such Miscellaneous Proceeds shalt be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sutras secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower.
In the event or a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value Is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
following fraction: (a) the total amount of the sums secured immediately before the partial taking,
destruction, or loss in value divided by (b) the fair market value of the Property immediately before the
partial taking, destruction, or tom in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction. or tom in wkue of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less then the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower falls to respond to Lender within 30 days after the date the notice is given. Leader is authorized to
collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
secured by this Security lnsuumemt whether or not then due. "Opposing Party" means the third party that
owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to
Miscellaneous Proceeds.
Borrower shall be in defauh if any action or proceeding. whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the anion or ptoceeding to be dismissed with a
ruling that, in Lender's judgment. precludes forfeiture of the Property or other material impairment of
Lender's interest in the Property or rights under this Security Instrument. I%e proceeds of any award or claim
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for damages that arc attributable to the impairment of Lender's interest in the Property are hereby assigned
and shall be paid to Leader.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
IL Derma r Not Refused; Forbearance By Center Not a Walver. Extension of the time for
payment or modification oramortiratiat 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 the liability of Borrower or
any Successors in Interest or Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest or Borrower or to refuse to extend time for payment or otherwise modify amortization
or the sums secured by this Security Instrument by reason of any demand made by the original Borrower or
any Successors in Interest of Borrower. Any forbearance by lender in exercising any right or remedy
including, without limitation. Lender's acceptance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts feu than the amount then due, shall not be a waiver of or preclude the
exercise or any right or remedy.
I& Jelot sad 3weral Wbift Co-sigaetrs; Satx on s and AnIM Booed. Borrower covenants
and agrees that Borrower's obligations and liability shag be joint and several. However, any Borrower who
co-signs this Security Instrument but floes not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the starts secured by this Security Instrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the temis of this Security Instrument or the Note without the oo-signer's
consent.
Subject to the provisions of Section 111, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all
of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower% obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The eovenents and agreements of this Security Instrument shall bind (except as provided in Section
20) and benefit the successors end assigns of Lender.
14. Lama Chasten. Lender may charge Borrower fees for services performed in connection with
Borrower's defbait, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
regard to any other fen. the absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Lan is subject to a law which sets maximum loan charges, and that law is finally interpreted
so that the interest or other loon charges collected or to be collected in connection with the Lan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) arty sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will
be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver orally right or action Borrwver might have arising out of such overcharge.
I& Notices. All notices given by Borrower or tender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security instrument shell be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower his designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender or Borrower's change of address. If Lauder specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure. There may be
only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall
PCP NMVAlQA•Siattk Family-resale Mse(Freaak Mat UNIFORM VWRUMKNT
fe.) 317.72 Page 9 or 13 from 7039 list
BK 1995PG299 I
2000043/52
be given by delivering It or by mailing it by first elms mail to Lender's address sated heroin unless Lender
has designated another address by notice to Borrower. Any notice in connection with this Security Instrument
shall not be deemed to have been given to Lender until actually received by Lender. if any notice required by
this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement under this Security Instrument.
IC Govaralag Low, Severabittty; Kailas of Coastruedoe. This Security Instrument shell be
governed by federal law and the kw of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be conned as a prohibition against agreement by contract In the
event that any provision or clause of this security Instrument or the Note conflicts with Applicable Law, such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect
without the convicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words at words of the feminine gender, (b) words in the singular shall man and
include the plural and vice versa; and (c) the word "may' gives sole discretion without any obligation to take
arty action.
17. Dorrowees Copy. Borrower shall be given one copy of the Note and of this Security
Instrument.
lg. ltsmfar of the Property or a Beseidal lotetest le Borrower. As used in this Section 16.
"Interest in the Property" means any legal or beneficial interest In the Property, including, but not limited to,
those beneficial interests transferred in a bond for deed, contract for dad, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, L.end& may require immediate payment in full of all sums secured by this Security
Instrument However, this option shall not be exercised by Lender If such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security instrument. If Borrower foils to pay these
sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
14. Illerrower'a Rigbt to Reinstate After Auwlentloa If Borrower mects certain conditions.
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior
to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that
Borrower. (a) pays Lander all sums which then would be due under this Security Instrument and the Note as
if no acceleration had occurred; (b) cures any default or any other covenants or agreements; (c) pays all
expenses incurred in enforcing this Security Instrument including, but not limited to, reasonable attorneys'
fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's
interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may
reasonably require to assuro that L.ender's interest in the Property and rights under this Security Instrument,
and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following
forms, as selected by Lender. (a) cash; (b) money order. (e) certified check, bank cheek, treasurer's check or
cashier's check. provided any such check is drawn upon 1n institution whose deposits we insured by a federal
agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this
Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under Section I S.
20. Sale of Plate; Change of Loan Servicer, Notice of GArvasee. The Note or a partial interest in
MMMYLVANIA-Si"gle FunOy4Fwnle ahaTmddk Mae UMFOAM 049MUMLIT
W.) 347.32 Page 10 of 13 Faa 70711!01
BK 1995PG2992
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Lan Servicar") that collects Periodic
Payments due under the Note and this Security Instrument and performs other mortgage loan servicing
obligations under the Note, this Security Instrument, and Applicable Law. Theta also might be one or more
changes of the Lan Servicer unrelated to a sale of the Now. If there is a change of the Loan Servicer,
Borrower will be given written notice of the change which will state the name and address of the new Loan
Stryker, the address to which payments should be made and any other information RESPA requires in
connection with a notice of transfer of servicing. lithe Note is sold and thereafter the loan is serviced by a
Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Stryker or be transferred to a successor Lan Servicer and are not assumed by the
Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower not Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a elms) that arises from the other party's actions pursuant to this Security
instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other parry (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action an be taken, that time period will be deemed to be reasonable
For purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section II shall be deemed to
satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Haaardeas Substances. As used in this Section 21: (a) "Hazardous Substances" are thou
substances defined as toxic or hazardous substance, polhnants, or warms by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formnklehyda, and radioactive materials; (b)
"Environmental Low" mans federal laws and laws of the jurisdiction where the Property is located that rotate
to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Environmental Law; and (d) an "Pmimernamal Condition"
mans a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release or any Hazardous
Substances, or threaten to release any Hazardous Substance, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law,
(b) which creates an Environmental Condition, or (c) which. dux to the presence, use, or release of a
Hazardous Substance, Creates a condition that adversely affects the value of the Property. The preceding two
sentonces shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition. Including but not limited to. any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. if Borrower items, or is notified by
any governmental or regulatory authority, or any private party, that any removal or other remedistion of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial
actions in accordance with Environmental Law. Nothing herein shall create any obligation an Lender for an
Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Aooderadeal Rasaedles. Leader shag glve notice to Borrower prior to acceleration
fallowing Ber wwv's breach of say eomant or agreement In Ible Security Instrameat (bat not prior
to see ' radon aatkr Section 18 unless Applicable Laws provides otberwiac} Leader dwH notify
P124NSYLVAM41inale Family-Foaale MadFreddle Mae UNIFORM WSTRWOrr
QL> 347.32 Page I i or 13 Farr An 1001
BK i 995PG2993
2000047231
Borrower of, among other things: (a) the de&uk; (b) the sedan required to tare the dolauk; (e) when
the default mast be eared; and (d) that failure to tare the default an spedW may tonsil is
acceleration of the sums inured by this Security Imstremaey bredceam by Judicial ptoeseding and
sale of the Properir Leader shall briber inform Borrower of the right to relastats after anderatles
and the right to smart is IN foreclosure proceeding the eon-abknes of a defaak or any other defense
of Borrower to seabeatioa and foreclosure. If the de auk Is not cured as sped&4 Leader at Its option
may require immediate psyeest le bB of oB sums atseaea I by this Seet rlty Instrument without farther
demand and may tbreelou this Security Instrument by Jadkhd proceeding. Lander shall be nodded to
collect all espsams incernd In pundng the reasedim ptovlded In this Section 22, isdudleg, bet not
limited to, attorneys' lea and cosh of tide evidence to the abet pereaMed by Appdebb law.
23. Release. Upon payment oral) sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and
satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security Instrument, but only if the fee is paid to a third pony for services tendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay orexecution, extension of time, exemption from ansehment, levy and sale, and
homestead exemption.
26. Relustatemest Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the commencement or bidding at a sheriffs sale or other sale pursuant to this Security
Instrument.
26. Pnrelmse Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase man" mortgage.
27. Interest Rate After Judgment, Borrower agrees that the interest rate payable after s judgment
is entered an the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security In meat and in my R' er exe to by Borrower and recorded with it
sas '°7
- e - ?ittrorlagrrla a7r rs -
PE MnVAN1A-Sia k Family-Funk MaefFreddle Mae UMMU PBTRUMENr
e, 517.]2 Paae 12 or 13 km 7039 Use
BK 1995PG2994
2000042852
- ISwee ttetaw This Line For Adanowkameetl
STATE OF PA
COUNTYOF C?>*Jaaj(>'a(
On this the as 7h day of m Q-0 before me,
M tck"V'L LY L . the unde t pasonally appeared
---fit .1 is E ..
known to me (or satisfkctorily to be the person whose name subscribed to the within
instrument and acknowledged that ecuted the same for the pu therein contained.
In witness whereof, I hereunto set my hand and
official Seel. Notary Public
My Commission Expires: -'10rr. a3 'ROB Q
COMMONMALTH OF PENNSYLVANIA
Nt1MW San
Ilk' ' E. VAse. No" Public
County
MKhW4CWW9 flora. CuiWa tantl
My Coamissian Expires Jan. 27.2010
CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within named lender is
401 PLYMOUTH RORD, SUITE 400, PLYWOM MEETING, PA 19662 witness my hand this
2sTHdayofl4uY, 2007.
Agent of Lender
PFNNSYLVAMA-SiaSk FivnOydhaak Ma&Vr"Wk Met UNIF &% CVS NUME11T
s) 147.L hr 13 of[] Farr. 20! 1101
BKI995PG2995
ADJUS SABLE RAPE RIDER
(LIBOR Iedex-Rate Caps)
Lou a: 29oaa43esx
164IN:100372407e545e3065
THIS ADJUSTABLE RATE RIDER is made this 25TH day of KAY, 2007, and is incorporated
into and shall be deemed to amend and supplement the Mortgage, Deed orTrust, or Deed to Secure Debt (the
"Security Instrument') of the some due given by the undersigned (the "Borrower") to secure the Borrower's
Note to 11ILKING7'oH PIVANCH XNC. (the "Lender") of the same due and covering the property
described in the Security Instrument and located at:
2305 BOCRnKKM AVIM, KICCHANICSBURG, PA 17055
(Property Address]
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE
INTEREST RATE AND THE MONTHLY PAYMENT THE NOTE LVAITS THE
AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE
TM AND THE MAX IM RATE THE BORROWER MUST PAY.
ADDITIONAL COVENANTS In addition to the covenants and agreements made in the Security
Instrument. Borrower and Lender further covenant end agree as follows:
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial interest rue of 8.990U. The Note provides for changes in the
interest me and the monthly payments, as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHMiGES
(A) Cbaw Deter
The interest rate I will pay may change on the first day of J=. 2010 and on that day every sixth
month thereafter. Each date on which my interest rate could change is called a "Change Due."
(a) Mite IN&M
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index' is the
average of interbank offered rates for six-month U.S. dollar-denaminmcd deposits in the London market
WH.MWGTON FV(4hXT.INC.. MOI)SIED
MULTISTATE ADAWABLE RATE RIDER (LIBOR tads) - Single Family - Feddla Mae UNIFORM QvMtNAZNT
!J 9567.9 Page I 0r3 tbra31921191
BK 1995PG2996
soeso4sasi
("LIBOR"), as published in Tin Wall Street Journal. The most recent index figure available as of the fiat
business day of the month immediately preceding the month in which the Change Date occura is of th the called
"Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon
comparable information. The Note Holder will give me notice of this choice.
(C) Calculation of Clue t es
Before each Change Date, the Note Holder will calculate my new interest rate by adding Fives
AM U=1117Y-11!1111$ BONORED7= percentage points (5.990%) to the Current Index. The Note Holder
will then round the result of this addition to the nearest one-eighth of one percentage point (0.123%). Subject
to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next
Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to
repay the unpaid principal that t am expected to owe at the Change Date in fall on the maturity date at my
new interest rue in substantially equal payments. The result of this Calculation will be the new amount of my
monthly payment.
(D) I1sib on interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be grater than it . 990% or
less than 8.990%. Thereafter, my interest rate will never be increased or decreased on any single Change
Date by more than ONE percentage point (1.000%) from the late of interest I have been paying for the
preceding six months. My interest rate will never be grater than 11.990%, or less then 8.990%.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. 1 will pay the amount of my new
monthly payment beginning on the first monthly payment date after the Change Date until the amount of my
monthly payment changes again.
(l) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the
amount of my monthly payment before the effective date of any change. The notice will include information
required by law to be given to me and also the title and telephone number of a person who will answer any
question I may he" regarding the notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL 94TMW IN BORROWER
Uniform Covenant 18 of the Security Instrument is amended In read as follows:
Transfer of the Property or a Beneficial Interest In Bersvwer. As used in this
Section 18, "Interest in the Property" mans any legal or beneficial interest in the Property,
including, but not limited to, time beneficial interests transferred in a bond for deed,
contract for deed, installment sales contract or escrow agreement. the intent of which is the
transfer of title by Borrower at a ILture date to a purchaser.
if all or any part of the Property or any Interest in the property is sold or
transferred (or if a Borrower is not a natural person and a beneficial interest in Borrower is
sold or transferred) without Lender's prior written consent, Lender my require immediate
payment in full of all sums secured by this Security Imminent. However, this option shall
not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also
shall not exercise this option if.. (a) Borrower causes to be submitted to Lender information
required by Lender to evaluate the intended transferee as if a now loan were being made to
the transferee; and (b) Lender reasonably determines that Lender's security will not be
impaired by the loan assumption and that the risk of s breach of any covenant or agreement
WAMDH:TOR FDSAIV(E, M - MODIFIED
MULTISTATE ADJUSTABLE RATE RDIER (LIBOR lade) - Shane Family - Freddie t11at U.OVORat VODUMFM
*0 9367.9 Nit 2 of) Foes 21921AI
UOK 1995PG2997
t
3000043991
in this Security Instrument is acceptable to Lender.
To the extent permitted by Applicable Law, Labor may charge a aasoneble fee as
a condition to Lender's consent to the loan assumption. Lender may also require the
tMn$feeee to sign an assumption agreement that is acceptable to Lender and that obligates
the transferee to keep all the promises end agreements mete in the Note and in this
Security Instrument. Borrower will continue to be obligated under the Noe and this
Security Instrument unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full. Lander shall
give Borrower notice of acceleration. The notice shall provide a period of not less than 30
days From the date the notice is given in accordance with Section IS within which
Borrower must pay all sums secured by this Security instrument. If Borrower rails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in this
Adjustable Ra 'der.
r
?' 07
200 910 -4 - IM U, - x - are -
WUAtVWTONFINAM ,IMC--MOOWMD
MULTWATE AIMISTANILF RATE RMU PMR lades) - Sito Family • Freddle Mat UNIFORM esS77IllM M
0M. > 9367.9 Pane 3 of 3 Fare 3tF31Al
8K ! 995PG2998
EXHIBIT "C"
V\ J
Prepared By:
Grenen & Birsic, P.C.
One Gateway Center, 9th Floor
Pittsburgh, PA 15222
Return To:
Grenen & Birsic, P.C.
One Gateway Center, 9th Floor
Pittsburgh, PA 15222
Parcel No.: 42-30-2108-272
ASSIGNMENT OF MORTGAGE
From Antoinette Selby
Mortgagor
To Mortgage Electronic Registration
Systems, Inc., as Nominee for
Wilmington Finance, Inc.
Mortgage Dated: May 25, 2007
Mortgage Recorded: June 11, 2007
Mortgage Book Volume 1995, Page 2983
in the Recorder's Office of Cumberland
County, Pennsylvania.
Amount: $237,900.00
Mortgagee
For value received and intending to be legally bound hereby, Mortgage Electronic R istration
'Isms, Inc., as Nominee for Wilmington Finance, Inc., ("Assignor") does hereby this day of
c. 2008, grant, sell, assign, transfer, set over and deliver unto U.S. Ban , N.A., ND
`Assignee" ), its successors and assigns, all right, title and interest of Assignor in and to the above-
referenced Mo age together with all of Assignor's rights, remedies, incidents and appurtenances as
stated in the Mo gage and all of the right, title and interest of Assignor in the premises described in the
Mortgage; and Assignor specifically assigns by this Assignment the debt instrument intended to be
secured by the Mortgage.
In Witness Whereof, Assignor has caused this Assignment to be executed by its hand and seal,
with authority therefore, the day and year fast above written.
ATTEST:
By:
MORTGAGE ELECTRONIC EGISTRATION
SYSTEMS, INC., AS NOMINEE FOR
WILMINGTON FINANCE, INC.
Title:
Property Address
2305 Buckingham Avenue, Mechanicsburg, PA 17055
Township of Upper Allen
STATE OF t l L?- )
ss:
COUNTY OF I'y Z- )
On this, the day of 2008, before me, the undersigned officer,
personal y ppeared - ' , who acknowledged himself/herself to be the
` I/-, ` f Mortgage Electronic Registration Systems, Inc., as Nominee for Wilmington
Finance, In ., at he/she, being authorized to do so, executed the foregoing Assignment of Mortgage
for the purposes therein contained by signing the name of the corporation by himself/herself.
It
tereunto set my hand and official seal.
8AR6ARA A. LATfiAM A
kMrbna04OMo
2t-to >otary Public '
Certificate of Residence
I, Brian B. Dutton, Esquire, do certify that the Assignee's precise residence is 205 West 40s Street,
Suite 500, Cincinnati, Ohio 45202.
Commonwealth of Pennsylvania
County of Cumberland
ss:
Recorded on this day of
A.D. 2008, in the Recorder's Office of the said County,
at Mortgage Book Volume Page
Give under my hand and the seal of the said office the day and year aforesaid.
WITNESS:
Recorder
By:
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200806176
Recorded On 3/3/2008 At 12:07:38 PM
* Instrument Type - ASSIGNMENT OF MORTGAGE
Invoice Number -15458 User ID - RAK
* Mortgagor - SELBY, ANTOINETTE
* Mortgagee - U S BANK N A
* Customer - GRENEN ET AL
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $27.00
* Total Pages - 3
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
RECORDER O/DZD
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
IIIYpI?II?BIIAIR
VERIFICATION
Sandra Elder, Foreclosure Supervisor, and duly authorized representative of U.S. Bank,
N.A., deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn
falsification to authorities that the facts set forth in the foregoing Complaint are true and correct
to her information and belief.
Sandra Elder
Foreclosure Supervisor
U.S. Bank, N.A.
c'
czy
V
CASE NO: 2008-04065 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
US BANK NAND
VS
SELBY ANTOINETTE
WILLIAM CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
SELBY ANTOINETTE
the
DEFENDANT , at 0013:30 HOURS, on the 12th day of July 2008
at 2305 BUCKINGHAM AVENUE
MECHANICSBURG, PA 17055
ANTOINETTE SELBY
by handing to
DEFENDANT
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Postage
/i,,/o ? 4?- ?
Sworn and Subscibed to
before me this
So Answers:
18.00
10.00
.00
10.00 R. Thomas Klin
.42
38.42 07/14/2008
GRENEN & BIRSIC
By:
day Deputy Sheriff
of A. D.
12/16/2008 :_3:54 4122817657 GRENEN & BIRSIC, PC PAGE 03/07
A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA.
T T C1 n A TTT/ TT A AT T7
Plaintiff,
CIVIL UI V ioLON
VS.
ANTOINETTE SELBY,
Defendant.
I hereby certify that the
address of Plaintiff is:
205 West 4th Street
Suite 500
Cincinnati. OH 45202
the last known address of
Defendant is:
2305 Buckingham Avenue
Mechanicsburg, PA 17055
GRENEN & BIRSIC, P.C.
NO.: 08-4065 Civil Term
TYPE OF PLEADING
PRAECIPE FOR DEFAULT JUDGMENT
(Mortgage Foreclosure)
FILED ON BEHALF OF PLAINTIFF:
U.S. Bank N.A.., N.D.
COUNSEL OF RECORD FOR THIS
PARTY:
Brian B. Dutton, Esquire
Pa. I.D. #81953
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
Attorneys for Plaintiff
12/16/2008 13:54 4122817657 GRENEN & BIRSIC, PC PAGE 04/07
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA,
U.S. HANK N.A., N.D.,
Plaintiff,
vs.
ANTOINETTE SELBY,
Defendant.
TO: PROTHONOTARY
CIVIL DIVISION
NO.: 08-4065 Civil Term
PRAECIIPE FOR DEFAULT JUDGMENT
SIR:
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendant, Antoinette Selby, in the amount of $256,750.06, which is itemized as follows:
Principal $236,967.70
Interest to 8/18/08 $ 13,435.50
Late Charges to 8/18/08 $ 1,051.82
Escrow Deficiency to 8/1$/08 $ 1,250.04
Corporate Advances $ 295.00
Attorney',,; fees $ 1,250.00
Title Search, Foreclosure and
Execution Costs $ 21500.00
TOTAL $256,750.06
with interest on the principal sum at the rate of $58.50 per diem from August 18, 2008, 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
GRENEN & BIRSIC, P.C.
ell
BY:
15iian B. Dutton, Esquire
Attorneys for Plaintiff
12/1612008 13:54
4122817657
GRENEN & BIRSIC, PC
....:.., • . r*m 4'1T w74-lw7 wAwY Vr R nv Qr.'?` %r'Tjrr
1r?r1'-&" I Ak 'V 14 --. - AAAJAAny.es
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFALILT JUDGMENT
COMMONWEALT14 OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, a Notary Public in and for said County and
PAGE 05/07
Commonwealth, personally appeared Brian B. Dutton, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendant was not in the military service of the United States of America to the best of his
knowledge, information and belief and certifies that the Notices of intent to tape 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 J?j day of , 2008.
Notary Public
:0MONWEA+_TI-1 OF I-FNNSYLVANIA
Notad3l Ssal
Pasdcb A, TmAnsend, Notary Public
Cji y Qf Rtsbur(tl, Allagneny (,ounty
My rnmltiisslor E=irss; 'une 2, 20.11
M-,Mtrr, ?'^nn,ylvanf;i 1:;^r„raa;ir,,? f,! Nntarins
12/16/2008 13:54 4122317657 GRENEN & BIRSIC, PC PAGE 06/07
1N I'I IF, COURTOF COMMON PLEAS OF CUMBI-,Ri,ANU t=(.)UNTY PENNSYLVANIA
U.S. BANK N.A., N.D.,
Plaintiff,
NO-:l
CIVIL DIVISION
V'S.
ANTOINETTE SELBY.
Dcl'endant.
1°0; Antoinette Selby
2305 Buckingham Avenue
Mechanicsburg, PA 17055
DA'L'E OF NOTICE: August 5, 2008
08,4065 Civil 'Term
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
?VPFARA.NCE PERSONALLY OR BY ATTORNEY AND BILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO T'HE CLAIMS SIiT F'ORT'H 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. TATS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING X LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO
i,ROVIDE YOU WITH INFORMATION ABOUT AGENC19S THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FF.t OR NO FEE.
Cumberland County Bar dissociation
32 S. Redford Stre6t
Carlisle, PA 17011
(717) 149-3166 or Toll Free (000) 990-91o9
GRENEN & BIRSIC, P.G.
FIRST CLASS MAIL, POSTAGE PREPAID
Attc?neys Fogg Plaintiff
One gateway Ccntcr, Ninth Floor
Pittsburgh, PA 15277
(412) 231-7650
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12/16/2008 13:54 4122817657 GRENEN & BIRSIC. PC PAGE 07/07
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO,: 08-4065 Civil Term
V'S.
ANTOINETTE SELBY,
Defendant.
NOTICE OF O"E.R, DECREE OR JUDGMENT
TO: Antoinette Selby
2305 Buckingham Avenue
Mechanicsburg, PA 17055
( ) Plaintiff
(XX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on g- /,2a.,/Q$.
( ) A copy of the Order or Decree is enclosed,
or
(XX) The judgment is as follows: $256,750.06
with interest on the principal sum at the rate of $58.50 per diem from August 18, 2008, 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.
f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Caption:
U.S, Bank N.A., N.D.
VS.
PRAECIPE FOR WRIT OF EXECUTION
( ) Confessed Judgment
(xX ) Other
File No. 08-4065 Civil Term
Amount Due $256,750.06
Interest
$ 6,897.36
Antoinette Selby
Atty's Comm Included in amount due
Costs
TO TF'E PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County,
for debt, interest and costs, upon the following described property of the defendant(s)
See Attached Description
2305 Buckingham Avenue, Mechanicburg, PA 17055
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date 5r Signature: Print Name: Brian B. Dutton
Address: One Gateway Center, 9th Floor
Pittsburgh, PA 15222
Attorney for: Plaintiff
Telephone: (412) 281-7650
Supreme Court ID No.: 81953
(over)
Notes: If real property, supply six copies of description including improvements and an original and copy of
affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D.,
Plaintiff,
vs.
ANTOINETTE SELBY,
Defendant.
CIVIL DIVISION
NO.: 08-4065 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
U.S. Bank N.A., N.D., Plaintiff in the above action, sets forth as of the date the Praecipe
for the Writ of Execution was filed the following information concerning the real property of
Antoinette Selby located at 2305 Buckingham Avenue, Mechanicburg, Pennsylvania 17055 and
is more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ANTOINETTE SELBY OF,
IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH
OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN
AND NUMBERED AS 2305 BUCKINGHAM AVENUE, MECHANICSBURG, PA 17055.
DEED BOOK VOLUME 280, PAGE 2116 AND PARCEL NUMBER 42-30-2108-272.
1. The name and address of the owner or reputed owner:
Antoinette Selby 2305 Buckingham Avenue
Mechanicburg, PA 17055
2. The name and address of the defendant in the judgment:
Antoinette Selby 2305 Buckingham Avenue
Mechanicburg, PA 17055
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
U.S. Bank N.A., N.D.
PLAINTIFF
4. The name and address of the last record holder of every mortgage of record:
U.S. Bank N.A., N.D.
PLAINTIFF
5. The name and address of every other person who has any record lien on the property:
Cumberland Domestic Relations
P.O. Box 320
Carlisle, PA 17013
PA Department of Revenue
Commonwealth of Pennsylvania
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
None
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
None
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities.
rian B. Dutton, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this i n day of LL± 2008.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Patricia A. Townsend, Notary Public
City Of Pittsburgh, Allegheny County
My Commission E)ires June 2, 2011
Member, Pennsylvania Association of Notaries
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D.,
Plaintiff,
VS.
ANTOINETTE SELBY,
Defendant.
CIVIL DIVISION
NO.: 08-4065 Civil Term
AFFIDAVIT OF LAST KNOWN ADDRESS
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
Before me, the undersigned authority, a Notary Public in and for the said County and
Commonwealth, personally appeared Brian B. Dutton, Esquire, attorney for the Plaintiff, who
being duly sworn according to law deposes and says that the owner of the property located at
2305 Buckingham Avenue, Mechanicburg, Pennsylvania 17055 is, Defendant, Antoinette Selby,
who resides at 2305 Buckingham Avenue, Mechanicburg, Pennsylvania 17055, to the best of his
information, knowledge and belief.
SWORN TO AND SUBSCRIBED BEFORE
ME THIS 1DAY OF 0 Q0 , r\ 4- , 2008.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Patricia A. Townsend, Notary Public
City Of Pittsburgh, Allegheny County
My Commission Expires June 2, 2011
Member, Pennsylvania Association of Notaries
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D.,
Plaintiff,
vs.
ANTOINETTE SELBY,
Defendant.
CIVIL DIVISION
NO.: 08-4065 Civil Term
AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974,41 P.S.101, ET. SEQ.
AND ACT 91 OF 1983
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
Before me, the undersigned authority, a Notary Public in and for the said County and
Commonwealth, personally appeared Brian B. Dutton, Esquire, attorney for the Plaintiff, who
being duly sworn according to law deposes and says that on January 31, 2008, Defendant was
mailed a Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 by certified mail,
return receipt requested, and first class U.S. Mail. Plaintiff was not required to send Defendant a
separate Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S.
§101, et seq., as a result of sending the Act 91 Notice.
SWORN TO AND SUBSCRIBED BEFORE
ME THIS 1DAY OF , 2008.
Qa QYA ?,Ovy?
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Patricia A. Townsend, Notary Public
City Of Pittsburgh, Allegheny County
My Commission E)pires June 2, 2011
Member, Pennsylvania Association of Notaries
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 08-4065 Civil Term
VS.
ANTOINETTE SELBY,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Antoinette Selby
2305 Buckingham Avenue
Mechanicsburg, PA 17055
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
Cumberland County Courthouse
Commissioners Hearing Room, 2nd Floor
1 Courthouse Square
Carlisle, PA 17013
on December 10, 2008 at 10:00 A.M., the following described real estate, of which Antoinette
Selby is the owner or reputed owner:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ANTOINETTE SELBY OF,
IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH
OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN
AND NUMBERED AS 2305 BUCKINGHAM AVENUE, MECHANICSBURG, PA 17055.
DEED BOOK VOLUME 280, PAGE 2116 AND PARCEL NUMBER 42-30-2108-272.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of
U.S. Bank N.A., N.D.,
Plaintiff,
vs.
Antoinette Selby,
Defendant,
at Execution Number 08-4065 Civil Term in the amount of $263,647.42.
A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty
(30) days from the sale date.
Distribution will be made in accordance with the Schedule of Distribution unless
exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date
when the Schedule of Distribution is filed by the Office of the Sheriff.
GRENEN & BIRSIC, P.C.
i?
By.
Brian B. Dutton, Esquire
Attorney for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
VS.
ANTOINETTE SELBY,
Defendant.
NO.: 08-4065 Civil Term
LONG FORM DESCRIPTION
ALL that certain parcel of land and improvements therein situate in the Township of
Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, and designated as
Parcel No. 42-30-2108-272 and more fully described in a Deed dated October 23, 1986 in
Cumberland County in Deed Book 32-G, Page 145, granted and conveyed unto James D. Griffith
and Jean M. Griffith, husband and wife.
SUBJECT to a 25 foot drainage easement as shown on said Plan.
BEING the same premises which James D. Griffith and Jean M. Griffith, husband and
wife, by Deed dated May 25, 2007 and recorded in the Office of the Recorder of Deeds of
Cumberland County on June 11, 2007 in Deed Book Volume 280, Page 2116, granted and
conveyed unto Antoinette Selby.
GRENEN & BIRSIC, P.C.
By:
Br an B. Dutton, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due U.S. BANK N.A., N.D., Plaintiff (s)
From ANTOINETTE SELBY
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
NO 08-4065 Civil
CIVIL ACTION - LAW
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $256,750.06 L.L. $.50 LL
Interest -- $6,897.36
Atty's Comm included in amount due% Due Prothy $2.00
Atty Paid $157.42 Other Costs
Plaintiff Paid
Date: 8/22/08
rothono
(Seal) By:
Deputy
REQUESTING PARTY:
Name: BRIAN B. DUTTON, ESQUIRE
Address: GRENEN & MRSIC, PC
ONE GATEWAY CENTER
NINTH FLOOR
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-7650
Supreme Court ID No. 81953
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
VS.
NO.: 08-4065 Civil Term
ANTOINETTE SELBY, TYPE OF PLEADING
Defendant. Pa. R.C.P. RULE 3129.2(c)
AFFIDAVIT OF SERVICE
DEFENDANTS/OWNERS
FILED ON BEHALF OF PLAINTIFF:
U.S. Bank N.A., N.D.
COUNSEL OF RECORD FOR THIS
PARTY:
Brian B. Dutton, Esquire
Pa. I.D. #81953
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SALE DATE: 12/10/08
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 08-4065 Civil Term
VS.
ANTOINETTE SELBY,
Defendant.
Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE
DEFENDANTS/OWNERS
Brian B. Dutton, Esquire, Attorney for Plaintiff, U.S. Bank N.A., N.D., being duly sworn
according to law deposes and makes the following Affidavit regarding service of Plaintiffs
notice of the sale of real property in this matter on December 10, 2008 as follows:
Antoinette Selby is the owner of the real property and has not entered an
appearance of record.
2. By letter dated September 5, 2008, the undersigned counsel served Defendant,
Antoinette Selby, with a true and correct copy of Plaintiffs notice of the sale of real property by
certified mail, restricted delivery, return receipt requested, addressed to 2305 Buckingham
Avenue, Mechanicsburg, Pennsylvania 17055. On or about September 9, 2008, the signed
certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the
Notice of Sheriff s Sale. A true and correct copy of the returned certified mail receipt, is marked
Exhibit "A", attached hereto and made a part hereof.
I verify that the facts contained in this Affidavit are true and correct based upon my
personal knowledge, information, and belief.
GRENEN & BIRSIC, P.C.
BY:
an B. Dutton, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
THIS DAY OF 2008.
Notary Public
COMMONVVE?.TM PENNSYLVANIA
NOWW Seal
Pabide A. Tmw ev4, NotwY Public
My? 2c,22o
Member, Pennsylvania Association of Notaries
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
VS.
NO.: 08-4065 Civil Term
ANTOINETTE SELBY, TYPE OF PLEADING
Defendant. Pa. R.C.P. RULE 3129.2(c)(2)
PURSUANT TO RULE 3129.1
LIENHOLDER AFFIDAVIT OF
SERVICE
FILED ON BEHALF OF PLAINTIFF:
U.S. Bank N.A., N.D.
COUNSEL OF RECORD FOR THIS
PARTY:
Brian B. Dutton, Esquire
Pa. I.D. #81953
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SALE DATE: 12/10/08
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 08-4065 Civil Term
VS.
ANTOINETTE SELBY,
Defendant.
Pa. R.C.P. RULE 3129.2(c)(2)
LIENHOLDER AFFIDAVIT OF SERVICE
I, Brian B. Dutton, Esquire, Attorney for Plaintiff, U.S. Bank N.A., N.D., being duly
sworn according to law, deposes and makes the following Affidavit regarding service of the
notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs
Affidavit Pursuant to Rule 3129.1 as follows
1. By letters dated September 5, 2008, undersigned counsel served all persons (other
than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule
3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set
forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit
Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are
marked Exhibit "A", attached hereto, and made a part hereof.
I verify that the facts contained in this Affidavit are true and correct based upon my
personal knowledge, information and belief.
GRENEN & BIRSIC, P.C.
110 -
BY: //1511
aElfan B. Dutton, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
THIS DAY OF , 2008.
(20M 1P
Notary Public
OF PENNSYLVANIA
MMON eal
Pod. Notary P? city Of egheny z 2oi
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CO 7i:ia
Member. PennsylvanAssocfatlon of Notaries
EXHIBIT "A"
v
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D.,
Plaintiff,
VS.
ANTOINETTE SELBY,
Defendant.
CIVIL DIVISION
NO.: 08-4065 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
U.S. Bank N.A., N.D., Plaintiff in the above action, sets forth as of the date the Praecipe
for the Writ of Execution was filed the following information concerning the real property of
Antoinette Selby located at 2305 Buckingham Avenue, Mechanicburg, Pennsylvania 17055 and
is more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ANTOINETTE SELBY OF,
IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH
OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN
AND NUMBERED AS 2305 BUCKINGHAM AVENUE, MECHANICSBURG, PA 17055.
DEED BOOK VOLUME 280, PAGE 2116 AND PARCEL NUMBER 42-30-2108-272.
1. The name and address of the owner or reputed owner:
Antoinette Selby 2305 Buckingham Avenue
Mechanicburg, PA 17055
2. The name and address of the defendant in the judgment:
Antoinette Selby 2305 Buckingham Avenue
Mechanicburg, PA 17055
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
U.S. Bank N.A., N.D.
PLAINTIFF
4. The name and address of the last record holder of every mortgage of record:
U.S. Bank N.A., N.D.
PLAINTIFF
5. The name and address of every other person who has any record lien on the property:
Cumberland Domestic Relations
P.O. Box 320
Carlisle, PA 17013
PA Department of Revenue
Commonwealth of Pennsylvania
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
None
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
None
11
e1
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
r
19n7-a-n B. Dutton, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this _ day ofc in. i 2008.
Notary Public
'.;OMMONWEAL t 'H OF F' .MNSYLVANIA
Notaoal Seal p
Patrlda A. Tovmssnd. Notary ?t ibhC
City Of Pittsburyn, . %JK'Jreiy Courtly
My comn??F-sicr rxoir<;, Jury - 2, 2011
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U.S. Bank N.A., N.D.
VS
Antionette Selby
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2008-4065 Civil Term
Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on
September 20, 2008 at 0940 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant, to wit: Antionette Selby
by making known unto Antionette Selby personally, at 2305 Buckingham Ave., Mechanicsburg,
Cumberland County, Pennsylvania its contents and at the same time handing to her personally the
said true and correct copy of the same.
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on
October 11, 2008 at 1108 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster
and Description, in the above entitled action, upon the property of Antoinette Selby, located at 2305
Buckingham Ave, Mechanicsburg, Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendant, to wit: Antoinette
Selby, by regular mail to her last known address of 2305 Buckingham Ave, Mechanicsburg, PA
17055. This letter was mailed under the date of October 7, 2008 and never returned to the Sheriffs
Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of request from Attorney Brian Dutton.
Sheriffs Costs:
Docketing
Poundage
Posting Handbills
Advertising
Law Library
Prothonotary
Mileage
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
So nsv?rs:
R. Thomas Kline, Sheriff
BY 6 _
Real Estate S rgeant
30.00
14.71
15.00
15.00
.50
2.00
20.00
15.00
20.00
355.00
248.03
14.92
$ 750.16 ? /?la a?o8
U,
tJi2 ? 1
V
f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D.,
Plaintiff,
VS.
ANTOINETTE SELBY,
Defendant.
CIVIL DIVISION
NO.: 08-4065 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
U.S. Bank N.A., N.D., Plaintiff in the above action, sets forth as of the date the Praecipe
for the Writ of Execution was filed the following information concerning the real property of
Antoinette Selby located at 2305 Buckingham Avenue, Mechanicburg, Pennsylvania 17055 and
is more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ANTOINETTE SELBY OF,
IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH
OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN
AND NUMBERED AS 2305 BUCKINGHAM AVENUE, MECHANICSBURG, PA 17055.
DEED BOOK VOLUME 280, PAGE 2116 AND PARCEL NUMBER 42-30-2108-272.
1. The name and address of the owner or reputed owner:
Antoinette Selby
2305 Buckingham Avenue
Mechanicburg, PA 17055
r
2. The name and address of the defendant in the judgment:
Antoinette Selby 2305 Buckingham Avenue
Mechanicburg, PA 17055
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
U.S. Bank N.A., N.D.
PLAINTIFF
4. The name and address of the last record holder of every mortgage of record:
U.S. Bank N.A., N.D.
PLAINTIFF
5. The name and address of every other person who has any record lien on the property:
Cumberland Domestic Relations
P.O. Box 320
Carlisle, PA 17013
PA Department of Revenue
Commonwealth of Pennsylvania
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
None
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
None
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
X
rian B. Dutton, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this day of 2008.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seat
Patricia A, Townsend, Notary Public i
f
City OF Pittsburgh, AHecgneny County
My Commission E.xpirf-s June 2, 2011
Mil mber, Pernsyl-an r1? r, ir.:o , of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 08-4065 Civil Term
vs.
ANTOINETTE SELBY,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Antoinette Selby
2305 Buckingham Avenue
Mechanicsburg, PA 17055
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
Cumberland County Courthouse
Commissioners Hearing Room, 2nd Floor
1 Courthouse Square
Carlisle, PA 17013
on December 10, 2008 at 10:00 A.M., the following described real estate, of which Antoinette
Selby is the owner or reputed owner:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ANTOINETTE SELBY OF,
IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH
OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN
AND NUMBERED AS 2305 BUCKINGHAM AVENUE, MECHANICSBURG, PA 17055.
DEED BOOK VOLUME 280, PAGE 2116 AND PARCEL NUMBER 42-30-2108-272.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of
U.S. Bank N.A., N.D.,
Plaintiff,
vs.
Antoinette Selby,
Defendant,
at Execution Number 08-4065 Civil Term in the amount of $263,647.42.
A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty
(30) days from the sale date.
Distribution will be made in accordance with the Schedule of Distribution unless
exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date
when the Schedule of Distribution is filed by the Office of the Sheriff.
GRENEN & BIRSIC, P.C.
7-7
By:
Brian B. Dutton, Esquire
Attorney for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
vs.
ANTOINETTE SELBY,
Defendant.
NO.: 08-4065 Civil Term
LONG FORM DESCRIPTION
ALL that certain parcel of land and improvements therein situate in the Township of
Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, and designated as
Parcel No. 42-30-2108-272 and more fully described in a Deed dated October 23, 1986 in
Cumberland County in Deed Book 32-G, Page 145, granted and conveyed unto James D. Griffith
and Jean M. Griffith, husband and wife.
SUBJECT to a 25 foot drainage easement as shown on said Plan.
BEING the same premises which James D. Griffith and Jean M. Griffith, husband and
wife, by Deed dated May 25, 2007 and recorded in the Office of the Recorder of Deeds of
Cumberland County on June 11, 2007 in Deed Book Volume 280, Page 2116, granted and
conveyed unto Antoinette Selby.
GRENEN & BIRSIC, P.C.
Bv:
Brian B. Dutton, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-4065 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due U.S. BANK N.A., N.D., Plaintiff (s)
From ANTOINETTE SELBY
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $256,750.06
Interest - $6,897.36
Atty's Comm included in amount due%
Atty Paid $157.42
Plaintiff Paid
Date: 8/22/08
(Seal)
REQUESTING PARTY:
Name: BRIAN B. DUTTON, ESQUIRE
Address: GRENEN & BIRSIC, PC
ONE GATEWAY CENTER
NINTH FLOOR
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-7650
Supreme Court ID No. 81953
L.L. $.50 LL
Due Prothy $2.00
Other Costs
rothono
By:
Deputy
Real Estate Sale #44
On August 27, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
Upper Allen Township, Cumberland County, PA
Known and numbered as 2305 Buckingham Ave., Mechanicsburg
more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: August 27, 2008
By:
yc
Real Es to Sergeant
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 31, November 7 and November 14, 2008
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
SWZTN TO AND SUBSCRIBED before me this
14 day of November, 2008
Notary
NOTARIAL SEAL
DEBORAH A COLONS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
FAVA , NOVA= RAL 90. 44
Writ No. 2008-4065 Civil
U.S. Bank N.A., N.D.
VS.
Antoinette Selby
Atty.: Brian B. Dutton
LONG FORM DESCRIPTION
ALL that certain parcel of land
and improvements therein situate in
the Township of Upper Allen, County
of Cumberland and Commonwealth
of Pennsylvania, and designated
as Parcel No. 42-30-2108-272 and
more fully described in a Deed dated
October 23, 1986 in Cumberland
County in Deed Book 32-G, Page 145,
granted and conveyed unto James D.
Griffith and Jean M. Griffith, hus-
band and wife.
SUBJECT to a 25 foot drainage
ease att as shown on said Win.
if3 the same prenifts _ which
Janes D. Griffith and Jean M. Otif-
fith, husband and wife, by Dstd
dated May 25, 07 and rveorded in
the Office of the Recorder of Deeds
of Cumberland County on June 11,
2007 in Deed Book Volume 280, Page
2116, granted and conveyed unto
Antoinette Selby.
The Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
Zhe Patriot-News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
10/29/08
Real Eslale Sale No. 44 11/05/08
Writ No. 2066.4065 Civil Term
U.S. Bank N.A., N.D. 11/12/08
VS
Antolnette Selby
Attorney Brian B. Dutton .......... ?? .. .
LEGAL DESCRIPTION
ALL that certain parcel of .land and Sworn to ands sc ' ed before me this k5 day o November, 2008 A. D.
improvements therein situate in the Township of
Upper Allen, County of Cumberland and
Commonwealth of Pennsylvania, and designated
as Parcel No. 42-30=2106-272 and more fully
described in a Deed dated October 23, 1986 in Notary Public
Cumberland County in Deed Book 32-G, Page
145, granted and conveyed unto James D.
Griffith and Jean M. Griffith, husband and wife.
SUBJECT to a 25 foot drainage easement as COMMONWEALTH OF PENNSYLVANIA
shown on said Plan
BEING the saw premises which James D. Notarial Seal
Griffith and Jean M. Griffith, husband and wife,' I Sheme L Kisner, Notary Public
by Deed dated May 25, 2007 and peoaded in the City Of Hamsburg, Dauphin County
Office of the Recorder of Deeds of Cumberland ? My Commission Expires Nov. 26, 2011
County on June 11, 2007 in Deed Book Volume Member, Pennsylvania Association of Notar3e:
280, Page 2116, granted and conveyed unto
Antoinette Selby. .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 08-4065
Vs.
ANTOINETTE SELBY, TYPE OF PLEADING
Defendant. PRAECIPE TO WITHDRAW
JUDGMENT AND SETTLE AND
DISCONTINUE WITHOUT PREJUDICE
FILED ON BEHALF OF PLAINTIFF:
U.S. Bank, N.A., N.D.
COUNSEL OF RECORD FOR THIS
PARTY:
Brian B. Dutton, Esquire
Pa. I.D. # 881953
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 08-4065
vs.
ANTOINETTE SELBY,
Defendant.
PRAECIPE TO WITHDRAW JUDGMENT AND
SETTLE AND DISCONTINUE WITHOUT PREJUDICE
TO: PROTHONOTARY
SIR:
Kindly withdraw the judgment and settle and discontinue without prejudice the above-
captioned matter and mark the docket accordingly.
GRENEN & BIRSIC, P.C.
BY:
Brian B. Dutton, Esquire
Attorneys for Plaintiff
Sworn to and subscribed before me
this 1:7?,_ day of , 2009.
(IL it g? ?
Notary Public
COMMONWEALTH OF PENNSYLVANIA
I-kwlel Seel
Pat icia A 4 u:: ,3end, Notary Pubic
City Of PW--,1xst A,4egheny Carly
My Cornftsk-' =Y.Pnr,,km Zr 2011
Member, Pennsylvania Association of Notwies
._9t- Y
t
r CID
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 08-4065
VS.
ANTOINETTE SELBY, TYPE OF PLEADING
PRAECIPE TO VACATE JUDGMENT
Defendant. AND SETTLE AND DISCONTINUE
«ITHOU? PREJUDICE
FILED ON BEHALF OF PLAINTIFF:
U.S. Bank, N.A., N.D.
COUNSEL OF RECORD FOR THIS
PARTY:
Brian B. Dutton, Esquire
Pa. I.D. # 881953
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
_1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
NO.: 08-4065
vs.
ANTOINETTE SELBY,
PRAECIPE TO VACATE JUDGMENT AND
SETTLE AND DISCONTINUE WITHOUT PREJUDICE
TO:PROTHONOTARY
SIR:
Plaintiff,
Defendant.
Kindly vacate the judgment and settle and discontinue without prejudice the above-
captioned matter and mark the docket accordingly.
GRENEN & BIRSIC, P.C.
BY:
----- ---------...------------
Brian B. Dutton, Esquire
Attorneys for Plaintiff
Sworn to and subscribed before me
this _? day of -?G? , 2009.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Patricia A. Townsend, Notary Public
City Of Pittsburgh, Allegheny County
My Commission Expires June 2, 2011
Member, Pennsvlvania Association of Notaries
RID r
j'Tt