HomeMy WebLinkAbout08-6568PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
v15 ANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
MICHELE M. BRADFORD, ESQ., Id. No. 69849
JUDITH T. ROMANO, ESQ., Id. No. 58745
SHEETAL SHAH-JANI, ESQ., Id. No. 81760
JENINE R. DAVEY, ESQ., Id. No. 87077
LAUREN R. TABAS, ESQ., Id.. No. 93337
VIVEK SRIVASTAVA, ESQ., Id. No. 202331
JAY B. JONES, ESQ., Id. No. 86657
PETER MULCAHY, ESQ., Id. No. 61791
ANDREW SPIVACK, ESQ., Id. No. 84439
JAIME MCGUINNESS, ESQ., Id. No. 90134
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000 190627
CITIMORTGAGE, INC. SB/M TO
ABN AMRO MORTGAGE GROUP, INC.
5280 CORPORATE DRIVE
MS1011
FREDERICK, MD 21703
Plaintiff
V.
WALTER S. SHEETS
S. DALE SHEETS
A/K/A S. D. SHEETS
3402 CANYON CREEK
MECHANICSBURG, PA 17055
THE UNITED STATES OF AMERICA
C/O THE UNITED STATES ATTORNEY
FOR THE MIDDLE DISTRICT OF PA
1164 FEDERAL BUILDING
228 WALNUT STREET
HARRISBURG, PA 17101
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM Cl V " I
NO. 0 ? - 0'5;U?
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 190627
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: 190627
1. Plaintiff is
CITIMORTGAGE, INC. SB/M TO
ABN AMRO MORTGAGE GROUP, INC.
5280 CORPORATE DRIVE
MS1011
FREDERICK, MD 21703
2. The name(s) and last known address(es) of the Defendant(s) are:
WALTER S. SHEETS
S. DALE SHEETS
A/K/A S. D. SHEETS
3402 CANYON CREEK
MECHANICSBURG, PA 17055
THE UNITED STATES OF AMERICA C/O
THE UNITED STATES ATTORNEY
FOR THE MIDDLE DISTRICT OF PA
1164 FEDERAL BUILDING
228 WALNUT STREET
HARRISBURG, PA 17101
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
On 12/31/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Book No. 1791, Page 1044. A copy of the
Mortgage is attached as Exhibit "A".
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 07/01/2008 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File #: 190627
6.
The following amounts are due on the mortgage:
Principal Balance $301,423.55
Interest $7,339.10
06/01/2008 through 11/05/2008
(Per Diem $46.45)
Attorney's Fees $1,325.00
Cumulative Late Charges $1,011.28
12/31/2002 to 11/05/2008
Mortgage Insurance Premium / $5.62
Private Mortgage Insurance
Cost of Suit and Title Search 550.00
Subtotal $311,654.55
Escrow
Credit $0.00
Deficit $71.52
Subtotal 71.52
TOTAL $311,726.07
7.
8.
If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above
may be less than the amount demanded based on work actually performed. The
attorney's fees requested are in conformity with the mortgage and Pennsylvania law.
Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal
balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if
the complexity of the action requires additional fees in excess of the amount demanded in
the Action.
Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
File #: 190627
1 +
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
10. The action does not come under Act 6 of 1974 because the original mortgage amount
exceeds the dollar amount provided in the statute.
11. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410,
because of federal tax liens that have been filed with the Prothonotary of
CUMBERLAND County in the Judgment Index Unit as follows:
(a)" United States vs. WALTER S. SHEETS; IRS Docket No. 2008-04657;
filed 08/04/2008; in the amount of $ 129,533.74.
File #: 190627
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $311,726.07, together with interest from 11/05/2008 at the rate of $46.45 per diem to the date
of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure
and sale of the mortgaged property.
PHELAN HALLINAN & SCHMIEG, LLP
By: /i?.
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
MICHELE M. BRADFORD, ESQUIRE
JUDITH T. ROMANO, ESQUIRE
SHEETAL R. SHAH-JANI, ESQUIRE
JENINE R. DAVEY, ESQUIRE
LAUREN R. TABAS, ESQUIRE
VIVEK SRIVASTAVA, ESQUIRE
JAY B. JONES, ESQUIRE
PETER MULCAHY, ESQUIRE
ANDREW SPIVACK, ESQUIRE
JAIME MCGUINNESS, ESQUIRE
Attorneys for Plaintiff
File #: 190627
When recorded mail tot
ABN AMRO MORTGAGE GROUP, INC.
P.O. BOX 5064
TROY, MICHIGAN 48084
ATTNtFINAL/TRAILING DOCUMENTS
. ' \
LOAN / 630480074
P. VEGLER
:.-1F.LER Or DEEDS
'ERLAND COUNTY
33 JU11 s Pfd 12 08
l9paee Above This Line For Recording Dotal
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document ;ue defined below and other words are defined in Sections 3. 11, 13,
18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document. which is dated DECEMBER 31, 2002,
together with all Riders to this document. F?g7NE? A?''? ??
(B) "Borrower" is WALTER S SHEETS, AND S DALE SHEETS,. .
Borrower is the mortgagor under this Security Instrument.
(C) "Lender"' is ABN AMRO MORTGAGE GROUP, INC.
Lender is a CORPORATION
of DELAWARE.
BEAVER RD., TROY, MICHIGAN 48084.
Lender is the mortgagee under this Security Instrument.
Initials
PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mac UNIF010*1 INSTRUMENT
Forts 3039 1101 Pale 1 of 15 PAUDEED
Bf!,Ii I:, 044
organized and existing under the laws
Lender's address is 2600 W. BIG
PAUDEDL 0109
SWIBIT A
? t o ? ..?
}.
LOAN fs 630480074
(D) "Note" means the promissory note signed by Borrower and dated DEMMER 31, 2002.
The Note states that Borrower Owes L.endcr * * * * * * * *TWO HUNDRED NINETY FI VB THOUSAND SIX
HUNDRED AND NO/100******************************Dollars(U.S. $295,600.00 )
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not
later than JANUARY i, 2023.
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due
under the Note, and all sums due under this Security Instrument, plus interest
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders
are to be executed by Borrower [check box as applicable]:
Adjustable Rate Rider Condominium Rider Second Home Rider
1 Balloon Rider Planned Unit Development Rider ? Other(s) [specify]
F-D 1-4 Family Rider .. Biweekly Payment Rider
of law) as well as all applicable final' federal, state and Imal statutes, regulations no, ordinances
(H) "Applicable Law" and admiru'strative rules and orders (hat controlling have the applicable
judicial opinions.
(1) "Community Association Dues, Fees, and Assessments" 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.
(d) "Electronic Funds Transfer" means anytransfer offunds. 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 transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
(IC) "Escrow Items" means those items that are described in Section 3.
(Z) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage
to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property: (iii)
conveyance in lieu ofcondemnation, or (iv) misrepresentations of, or omissions as to, the value and/or condition
of the Property.
(1Vt) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Li.
(N) s"Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,
plus (ii) any amounts under Section 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the sonic subject matter. As used in this Security Instrument,
"RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage
loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. /?/ ?
Initials:
PENNSYLVAINW-Single Family»F=nk Mae/Freddle Mae UNIFORM INSTRUMLNT
Form 3039 I101 Page 2 of 15 PAUDEDL
B?{i ?a??:?345 ?1BITA
LOAN g: 630460074
(P) "Successor in Interest of Borrower" mcans 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 Loan, and all 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, grant and convey to Lender the
following described property located in the COUNTY IT)Ve of Recording Iucis&ction) of
[Name of Recmding 7ur6dietionl:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.
which currently has the address of 3402 CANYON CREEK, MECHANICSBURG,
[strenl tCityl
Pennsylvania 17055 ("Property Address"):
[yip Colo!
TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements,
appurtenances, and fixtures now or hereafter a part of the property. All rcplamments and additions shall also be
covered by this Security Instrument. All ofthe foregoing is referred to in this Security Instrument as the"Property."
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 covenants
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. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges
and late charges due under the Note. Borrower shall also pay funds for Escrow Itatrs 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 pa) ment under the Note or this Security Instrument is returned to u d
Initials
PENNSYLVANIA`-SbWc Family--Finale Time/Freddie Mac UNIFORM INSTRUMENT
Form 3039 trot Page 3 of 15 PAUDEDL
Br{i 046
LOAN gt 630480074
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 check, bank
check, 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 maybe designated by Lender in accordance with the notice provisions in Section 13. Lender may return
anypaylnentorpartial payment ifthe paymentor partial payments are insufficient tobring the Loancurrent. Lender
may accept any payment or partial payment insufficient to bring the Loan current, 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 such 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
fundsuntilBorrower makes payment tobring the Loan current. IfBorrowerdoes notdosowithina reasonableperiod
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 paNmients due
under the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic
Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second
to any other amounts due under 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 filly 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. Voluntary prepayments shall be applied first to any prepayment charges
and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note
shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds-for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and
assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on
the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance
requiredbyLendcrunder Sections; and (d) Mortgage Insurance premiums, ifany, or anysums payableby Borrower
to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.
These items are 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, beescrowed by Borrower, and such dues,
fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts
to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obli tion to
pay to Lender Funds for any or all Escrow Items at any time. Any such wah er may only be in wrivtz
Initials:
PENNSYLVANIA=-Single Family-Fwmfe mmXreddle Mac UNIFORM INSTRUMENT
Form 30391/01 Page 4 of 15 PAUDEDL
OKII??I?i047
LoRm Il t 630460074
of such waiver, Borrower shalt pay directly, when and where payable, the amounts due for any Escrow Items for
which payment of Funds has been w•aivod by Lender and, if Lender requires, shall famish to Lender receipts
evidencing such payment within such time period as Lender may require. Borrower's obligation to make such
payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this
Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender
may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section
9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by
a notice given in accordance with Section 15 and. upon such revocation. Borrower shall pay to Lender all Funds.
and in such amounts, that arc then required under this Section 3.
Lender may. at any time. collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds
at the time specified under RESPA, and (b) not to exceed the maximum amounta lender can require under RESPA.
Lender shall estimate the amount of Funds due on the basis ofcurrent data and reasonable estimates of expenditures
of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, 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 shall not be required to pay Borrowerany 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 Borrmver, without charge, an
annual accounting 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
theexcessfunds inaeeordance with RESPA. Ifthcreisa shortage ofFunds 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 there 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 full of all sums securedby this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender.
4. Charm Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the
Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items
are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only
so long as Borrower is performing such 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 are pending, but only until such proceedings are concluded; or (c) secures from the
holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. Lender
determines that any part of the Property is subject to alien which can attain priority over this Sec e
initials: ,
PMRSYLVANIA--Single Family-Fmok Maw7moldleMac UNIFORM INSTRUMENT
Form 30391101 Page 5 of 15 PAUDEDL
omaxv P
6KIIc ??iiC48
LORN #s 630460074
Lender may give Borrower a notice identifying the lien. Within 1 o 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 tar verification and/or reporting service
used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insuredagainst loss by fire, hazards included within theterm "extendedeoverage," andanyother hazards
including, but not limited to, earthquakes and floods. for which Lender 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 notb 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 determination and certification services and subsequent charges each time remappings or
similar changes occur which reasonably might affect such determination or certification. Borrower shall also be
responsible for the payment of arty fees imposed by the Federal Emergency Management Agencyin 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,
atL.ender'soptionandBorrower's expense. Lenderisunder noobligationto purchaseany particulartype oramount
of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's
equity in theProperty, or the contentsof the Property, againstany risk, hazard or liability and might provide greater
or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage
so obtained might significantly exceed the cost of insurance that Borrower could have 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 interest. upon notice from Lender to Borrower requesting payment.
All insurance policies required by Leader and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or
as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender
requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower
obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the
Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an
additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
proof of loss if-not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to
restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is
not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance
proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided thatsuch inspection shall be undertaken promptly. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.
Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds,
Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees forpublic ad'ust ,
or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and sh $919,7
Initials:
P&NNSYLVANU-Single Family-Fannie NfadFreddie Mac UNIFORM INSTRUNIENT
Foray 30391/01 Page 6 of 15 PAUDEDL
$Ki15 iI'] 049
L01111 #s 630480074
obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be
lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not
then due, with the excess, if airy, paid to Borrower. Such insurance proceeds shall be applied in the order provided
for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier
has offered to settle a claim. then Lender may negotiate and settle the claim. The 30-day period will begin when
the notice is given. In either event, or if Lender acquires the 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 of Borrower's rights (other than the right
to any refund ofunearned premiums paidby Borrower) under all insurance policies covering the Property, insofar
as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds eitherto repair
or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then
due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrowzr's principal residence for at least one yew after the date 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.
7. Preservation, Maintenance and Protection 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
deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair
or restoration itnot economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
deterioration ordamage. Ifinsuranc corcondemnationproceedsare paid in connection with damageto, orthetaking
of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released
proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or
in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not
sufficient to repair or restore the Property, Borrower is not relieved of Borrower'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
of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default 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 information 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.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security
Instrument (such as a 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 (car?
f Initials,
PENNSYLVANIA-single Family-Fannie MadFreddk Mae UNIFORM INSTRUMENT
Form 30391/02 ' Page 7 of 15 PAUDEDL
BKII5' ?;Z iU50
LOAN #: 630480474
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 under this Security Instrument, including protecting and/or assessing the value
of the property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to:
(a) paying any sums secured by a lien which has priority o-mr this Security Instrument; (b) appearing in court; and
(c) paying reasonable attorneys' fees to 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 Pr operty to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, 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 render any duty
or obligation todo 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 Borrrnver secured by
this Security Instrument. These amounts shall bear interest at the Note rate from the date ofdisbursement and shall
be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to
the merger in writing.
10. Mortgage 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 ceases to be available from the mortgage insurer that previously
provided such insurance and Borrower was required to make separately designatedpayments toward the premiums
for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to
the Mortgage Insurancepreviously in effect, at a costsubstantially equivalenttothecosttoBorroweroftheMongage
Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent
Mortgage Insurgncecoverage is not available, Borrower shallcontinuetopay toLender theamount ofthe separately
designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and
retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable; 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. Lender can no longer require loss reserve payments
if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer
selected by Lender again becomes available, is obtained, and Lender requires separately designated payments
toward the premiums for Mortgage Insurance. If lender required Mortgage Insurance as a condition of making
the Loan and Borrower was required to retake 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-
refundable 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 affects 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 force from time to time, and may enter into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and
conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agree e
snitiala: ,
PENNSYLVAM-Single Family-Fwak MadFreddk lice UNIFORM INSTRUMENT
Form 3039 troy Page 8 of 15 PAUDEDL
BK 175 1 PIC 1051
LOAN is 630480074
agreements may require the mortgage insurer to make payments using any sourceof funds 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 minsumr, any other
entity, oranyall'iliateofanyoftheforegoing, may receive (directly or indirectly)amountsthatderivefrom(or Might
be characterized as) a portion of Borrower's Payments for Mortgage Insurance, in exchange for sharing or
modifying the mortgage insurer's risk, or reducing losses. If such agreement provides 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 reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terns of the Loan. Such agreements will not increase the amount Borrower will owe
for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage
Insurance underthe HomeownersProtection Act of 1998 or any other law. These rightsmay include the right
to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance. To have the
Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance
premiums that were unearned at the time of such cancellation or termination.
11. Assipment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to
and shall be paid to Lender.
lfthePropertyisdamaged,such N iscellancousProceedsshallbeappliedtorestorationorrepairoftheProperty,
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 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 restoration in a single
disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay
Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not 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, if arty, paid to Borrower. Such Miscellaneous
Proceeds shall be applied in the order provided for in Section 2.
Intheeventofatotaltaking,destruction,orimin%mlueofthePnoperty,theN iseellvmwPro=dsshallbeapplied
to the sums soured by this Security instrument. whether or not then due, with the excess, if any, paid to Borrower.
In the event of a partial taking, destruction. or loss in value of the Property in which the fair market value of the
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 stuns secured
immediately before the partial taking, destructiom or lass in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security 1 rument
whether or not the sums are then due.
initials ,
PENNSYLVANIA-Single Family-Fantle %rae/Freddle Num UNIFOILNt INSTRUNILNT
Fora, 30391/01 Page 9 of 15 PAUDEDL
BK1I51Pi"i052
LOAN /r 630480074
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 fails to respond
to lender within 30 days after the date the notice is given, lender 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
Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous
Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in lender's
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property
orrightsunder this SeaurityInstrument. Borrowcrcancure suchadefaultand, ifaaxlerationhasoccurred, reinstate
as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's
judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or
rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the
impairment of Leader's interest in the Property are hereby assigned and shall be paid to Lender.
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.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any
Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest
of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower
or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security
Instrument by ttason of any demand made by the original Borrower or any Sucomsors in Interest of Borrower. Any
forbearance by`Lender in exercising any right or remedy including, without limitation. Lender's acceptance of
payments fromihird persons, entities or Successors in Interest of Borrower or in amounts less than the amount then
due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs
this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security instrument
only to mortgage, 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 sums secured by this Security Instrument; and (c) agrees that
Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to
the terms of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in wTiting, and is approved by Lender. shall obtain all of Borrower's
rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and
liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and
assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's
default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,
including, but hat limited to, attorneys' fees, property inspection and valuation fees. in regard to any other fees,
theabsaroeofexpressauthority inthis Security Instrument tocharge a specific fee toBorro%vershall notbeconswed
as a prohibition on the chargingof such foe. Lender may not charge fees that are expressly prohibited by th' rity
Instrument or by Applicable Law.
Initials za-14,11
PENNSYLVANIA-Single Family-Fannie Mse/Freddle Mac UNIFOILM INSTRUMENT
Form 30391/01
Page 10 of 15
BK 179 053
PAUDEDL
v l!Bvf A
LORN #v 630480074
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.
Lendermay chooseto makethis refundby reducingthe principal owed under theNoteorby making adirectpayment
to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance
of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower
might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in
writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given
to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other
means. Noticeto any oneBorrower shall constitute noticeto all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice
address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender
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 be given by delivering it or by mailing it by first class mail
to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice
in connection with this Security Instrument shall notbe deemed to havebeen 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.
16. Governing Law; Severabdldty; Rules of Construction. This Security Instrument shall be governed by
federal law and the law 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 construed 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 conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding
neuter words orwords of the feminine gender; (b) words in the singular shall mean and include the plural and vice
versa; and (c) the word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest
in the Property" means any legal orbeneficial interest in the Property, including, but not limited to, those 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 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,
Lender 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 lessthan 30 days from the date the notice is given in accordancewith Section 15 within wh' ower
Initials: JFM
PENNSYLVANIA--3insk Fumly-Forte MadFreddie M- UNIFORM INSTRUMENT
Form 30391/01
Page it of 15
6K 1791 G 1054
PAUDEDL
8'
Lou it 630480074
must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration
of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or
demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets 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. 'c'hose conditions are that Borrower: (a) pays Lender all sums
which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures
any default of any other covenants or agreements: (c) pays all expenses incurred in enforcing this Security
Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and
other fees incurred for the purpose of protecting Lender's interest in the Prop:tty and rights under this Security
Instrument; and (d) takes such action as Lander may reasonably require to assure that Lender's interest in the Property
andrightsunderthisSe uritylnstiument,andBorrower'sobligationtopaythesumsseouredbythisSecuritylnswment,
shall continue unchangod. Lender may require that Borrower pay such reinstatement sruns and e`Tenses in oneor more
ofthefollowingforms, asselectedbyLender: (n)cash; (b) money order, (c)ca tifiedchec k, bankchock, treasurer's check
or cashier's check provided any such check isdrawn upon an institution whose deposits are 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 18.
20. Sale of Note; Change of Loan Setvicer; Notice of Grievance. The Note or a partial interest in the Note
(together with this Security Instrument) canbc soldone or more times without priornotice to Borrower. A sale might
result in a change in the entity (known as the "Loan Servicer") 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. There also might be one or more changes of the Loan Servicer unrelated to a sale
of the Note. If there is a change of the Loan Servicer, Borrower will be givers written notice of the change which
will state the name and address of the new Loan Servicer. the address to which payments should be made and any
other information RESPA requires in connection with a notice of transfer of servicing. If the 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 Servicer or be transferred to a successor Loan Servicer and are
not assumed by`the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence. join, or be joined to any judicial action (as either an individual
litigant or the member of a class) 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 party (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 givingofsuch notice totakecorrectiveection. If ApplicableLawprovides a time period which must elapsebefore
certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The
noticeofaoceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice ofacceleration
given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisiolts of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those !uVtances
defined astoxiobrhazardoussubatances, pollutants, orwastesbyEnvironmental Lawand thefollowm
Initialas
PENNSVLVA.'YIA-Single Family-Fannie \tae/Freddk Mae UNIFORM INSTRUMEWr
Form 30391/01 Page 12 of 15 PAUDEDL
0\-VION
BK11791'PG1055
LOAN 8s 630480074
gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
materials containing asbestos or formaldehyde, and radioactive materials, (b) "Environmental Law" means
federal laws and 'laws of the jurisdiction where the Property is located that relate 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 "Environmental Condition" means 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 please of any Hazardous Substances,
or threaten to release any Hazardous Substances. on or in the Property. Borrower shall not do, nor allow anyone
else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an
Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a
condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous substances that are generally recognized
to be appropriate to normal residential uses and to maintenance of the Property (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 threatof 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 learns, or is notified by any governmental or regulatory authority, or any private
party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,
Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing
herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Aceekmtion;Remedies.LendershallgivenotiectoBorrowcrpriortoamieradonfolkovdngBorrowces
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18
unless Applicabk LAN provides otherwise). Lendershalinotify Borrowerof, amongodwthings: (a) the default;
(b) the action rewired to cure the default; (c) when the default must be cured; and (d) -that failure to cure the
default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by
judicial proceeding and sale of the property. Lender shall further inform Borrower of the right to reinstate after
acceleration andtherlghttoassertintheforeclosumproceedingtbenon-exidence ofa defaultoranyotherdefease
of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may
require immediate payment in lull of all sums secured by this Security Instrument without further demand and
may foreclose this Security Instrument by judicial proceeding, Lander shall be entitled to collect all expenses
incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and
costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security 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 party for services rendered 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 fects
in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present o a-v
Initials r
PENNSYLVANU-Single Fmily-Fannk Mw/Freddle Mac UNIFORM INSTRUMENT
Form 3039 trot Page 13 of 15 PAUDEDL
BK 1791 1;1056
Lom #s 63049007 4
providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead
exemption.
2s. Reinstatement Period. Borrower's time to reinstate provided in Section l9 shall extend to one hour prior
to the commencement of bidding at a shcrifrs sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower
to acquire title to the Property. this Security Instrument shall be a purchase money mortgage.
27. Interest Rate AfterJudgment. Borrrnccr agrees that the interest rate payable after a judgment is entered
on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and co%enants contained in this Security
Instrument and in any Rider cxecuted by Borrower and vr'th .
Instrument
(Seal)
AL R 8 SHEETS
::::: 9 /' e e"az Z2 K: ?? (Seal)
8 DALE SHEETS
PENNSYLVANIA--Single Fm dly-Fmmie \IadFreddie Mac UNIFORM INSTRUMENT
Form 30391101 Page 14 of 15 PAUDEDL
BX 1791 PG 1057
LOAw #j 630480074
Certificate of Resi noe
i. ,s/i, h J _•rc??Cl?
do hereby oertlfy that the correct address of the within-named Mortgagee is 2600 M. BIG BEAVER
RD. TROY MICHIGA?1 48084
Witness my hand this 3 day of
6.W .
A& C /
Agent of Mortgagee
Commonwealth of PMMS LVANIA
-TI" 14,n
County OfI
On this the day ofbefore me,
the undersigned officer, personally appeared
WALTER S SHEETS AND S DALE SHEETS,
known to me (or satisfactorily proven) to be the person whose name
subscribed to the within instrument and acknowledged that
executed the same for the purposes therein contained. ••ti ,
In w to s whereof I hereunto set my hand and official seal.
....
My commission expires:
F?h?N?otl?M,W.?9eet /?....
^7
?yw M TWP, CW?,?
6MNdm Ekprga Nov. 13, 2006
lolaNW. P Ash Of Nobe"
Title of Officer Initials$
PENNSVLVANIAj-Single Family-Famte MadFreddie MI w UNIFORM INSTRUMENT
Form 3039 iron Page 15 of 15
BK179iPG'1 058
PAUDEDL
COMMITMENT
SCHEDULE C
File Number: 02-611KS
ALL THAT CERTAIN lot or tract of land situate at the Intersection of Canyon Creek and Choco Chase,
in Lower Allen Township, Cumberland County, Pennsylvania, said lot being shown as Lot No. 48 n on a
Final Subdivision Plan for High Meadow, Phase 4, dated July 19, 1996, and last revised August 27,
1997, as recorded in Plan Book 76, page 94, said lot being more particularly bounded and described as
follows:
BEGINNING AT A POINT, on the Western right-of-way line of Canyon Creek said point being the
Northwestern corner of the above described lot and the Northeastern corner of Lot No. 45 of the above
referenced subdivision plan; thence along the same right-of-way, the following four (4) courses and
distances: 1) North 35°07'39 East 23.94' to a point, 2) a curve to the right with a radius of 175.00' and
an arc length of 81.13' to a point; 3) North 62472T' East, 127.59' to a point; 4) a curve to the right with
a radius of 10.00' and an arc length of 15.71' to a point on the right-of-way of Choco Chase; thence
along the right-of--way of Choco Chase, the following two (2) courses an distances: 1) South 27°18'33"
East, 79.52' to a point being a concrete monument; 2) a curve to the right with a radius of 275.00' and
an arc length of 77.97' to a point; thence along the Northern property line of Lot No. 47, South
75°09' 13" West, 181.51' to a point; thence along the Eastern property line of Lot No. 45, North
63°52'21" West, 109.68' to a point, being the POINT OF BEGINNING.
CONTAINING an area of 30,411 square feet (0.698 acres)
BEING the same premises which New Penn Motor Express, a Pennsylvania Corporation, by Deed dated
10/30/00 and recorded 11/03/00 in Cumberland County Record Book 233, Page 279, granted and
conveyed unto Walter S. Sheets and S. Dale Sheets, father and son, in fee.
Parcel No: 13-28-2430-095
Accuracy of acreage content and/or square footage not guaranteed.
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LEGAL DESCRIPTION
ALL THAT CERTAIN lot or tract of land situate at the Intersection of Canyon Creek and Choco
Chase, in Lower Allen Township, Cumberland County, Pennsylvania, said lot being shown as
Lot No. 48 n on a Final Subdivision Plan for High Meadow, Phase 4, dated July 19, 1996, and
last revised August 27, 1997, as recorded in Plan Book 76, page 94, said lot being more
particularly bounded and described as follows:
BEGINNING AT A POINT, on the Western right-of-way line of Canyon Creek said point being
the Northwestern corner of the above described lot and the Northeastern corner of Lot No. 45 of
the above referenced subdivision plan; thence along the same right-of-way, the following four
(4) courses and distances: 1) North 35 degrees 07 minutes 39 East 23.94 feet to a point, 2) a
curve to the right with a radius of 175.00 feet and an arc length of 81.13 feet to a point; 3) North
62 degrees 41 minutes 27 seconds East, 127.59 feet to a point; 4) a curve to the right with a
radius of 10.00 feet and an arc length of 15.71 feet to a point on the right-of-way of Choco
Chase; thence along the right-of-way of Choco Chase, the following two (2) courses an
distances: 1) South 27 degrees 18 minutes 33 seconds East, 79.52 feet to a point being a concrete
monument; 2) a curve to the right with a radius of 275.00 feet and an arc length of 77.97 feet to a
point; thence along the Northern property line of Lot No. 47, South 75 degrees 09 minutes 13
seconds West, 181.51 feet to a point; thence along the Eastern property line of Lot No. 45, North
63 degrees 52 minutes 21 seconds West, 109.68 feet to a point, being the POINT OF
BEGINNING.
CONTAINING an area of 30,411 square feet (0.698 acres)
File #: 190627
BEING the same premises which New Penn Motor Express, a Pennsylvania Corporation, by
Deed dated 10/30/00 and recorded 11/03/00 in Cumberland County Record Book 233, Page 279,
granted and conveyed unto Walter S. Sheets and S. Dale Sheets, father and son, in fee.
Parcel No: 13-28-2430-095
PROPERTY BEING: 3402 CANYON CREEK
File #: 190627
VERIFICATION
I hereby state that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside
the jurisdiction of the Court and/or the verification could not be obtained within the time allowed
for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P.
1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are
based upon information supplied by Plaintiff and are true and correct to the best of my
knowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18
Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities.
1
Attorney for Plaintiff
l (f 51??
DATE. .
File #: 190627
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-06568 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CITIMORTGAGE INC
VS
SHEETS WALTER S ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
unable to locate Him in his bailiwick.
COMPLAINT - MORT FORE ,
but was
He therefore returns the
the within named DEFENDANT SHEETS S DALE
3402 CANYON CREEK
NOT FOUND , as to
MECHANICSBURG, PA 17055
DEFENDANT HAS NOT LIVED AT GIVEN ADDRESS FOR 4 YEARS.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
(1)) ?fop
So answers:
6.00
.00
5.00 R. Thomas Kline
10.00 Sheriff of Cumberland County
00
21.00 PHELAN HALLINAN SCHMIEG
11/12/2008
Sworn and Subscribed to before
me this day of
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06568 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITIMORTGAGE INC
VS
SHEETS WALTER S ET AL
MARK CONKLIN
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
SHEETS WALTER S
DEFENDANT
the
, at 0935:00 HOURS, on the 8th day of November , 2008
at 3402 CANYON CREEK
MECHANICSBURG, PA 17055
WALTER SHEETS
was served upon
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 12.00
Affidavit .00
Surcharge 10.00
1 I J 19?U 8 ?. . 00
JJ 40.00
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
11/12/2008
PHELAN HALLINAN SCHMIEG
By.
Deputy Sheriff
of , A. D.
A
PHELAN HALLINAN & SCHMIEG, LLP
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
CITIMORTGA'GE, INC. SB/M TO
ABN AMRO MORTGAGE GROUP,
INC.
Plaintiff
VS.
WALTER S. SHEETS
S. DALE SHEETS
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. CIVIL-08-6568
CUMBERLAND COUNTY
Defendant(s)
PRAECIPE TO SUBSTITUTE VERIFICATION
TO CIVIL ACTION COMPLAINT
IN MORTGAGE FORECLOSURE
TO THE PROT140NOTARY:
Kindly substitute the attached verification for the verification originally filed with the
complaint in the instant matter.
Phelan Hallinan & Schmieg, LLP
Attorney for Plaintiff
BY• a"
Francis S. Hallinan, Esquire
Date: 11/25/08
PHS #: 190627
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PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
CITIMORTGAGE, INC. SB/M TO
ABN AMRO MORTGAGE GROUP,
INC.
Plaintiff
VS.
WALTER S. SHEETS
S. DALE SHEETS
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. CIVIL-08-6568
CUMBERLAND COUNTY
CERTIFICATE OF SERVICE
I hereby certify that a strue and correct copy of Plaintiffs Praecipe to attach Verification
of Complaint was sent via first class mail to the following on the date listed below:
WALTER S. SHEETS
3402 CANYON CREEK
MECHANICSBURG, PA 17055-6777
S. DALE SHEETS
3402 CANYON CREEK
MECHANICSBURG, PA 17055-6777
1,164 FEDERAL BUILDING, 228 WALNUT STREET
HARRISBURG, PA 17101
Date: 11/25/08
Phelan Hallinan & Schmieg, LLP
Attorney for Plaintiff
By: S11? QAy
Francis S. Hallinan, Esquire
4
,.,11?
VERIFICATION
Kim Krakoviak hereby states that he/she is
Vice President of CITIMORTGAGE, INC., servicing agent for Plaintiff,
CITI_MORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC., in this matter,
that he/she is authorized to take this Verification, and that the statements made in the foregoing
Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge,
information and belief. The undersigned understands that this statement is made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities.
?? 4'06?
Kim oviak, Vice President
DATE: 11/06/08
Company: CITIMORTGAGE, INC.
Loan:630480074
File #: 190627
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PHELAN HALLINAN & SCHMIEG, LLP
Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id No. 62205
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CITIMORTGAGE, INC. S/B/M TO
ABN AMRO MORTGAGE GROUP,
INC
vs
Plaintiff
WALTER S. SHEETS
S. DALE SHEETS
A/K/A S.D. SHEETS, ET AL
Defendant
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 08-6568
PHS# 190627
TO THE PROTHONOTARY:
PRAECIPE
X Please mark the above referenced case Discontinued and Ended without
prejudice.
Please mark the above referenced case Settled, Discontinued and Ended.
Please mark judgments satisfied and the Action settled, discontinued and
ended.
Please Vacate the judgment entered and mark the action discontinued and
ended without prejudice.
Please withdraw the complaint and mark the action discontinued and
ended without prejudice.
Date: December 11, 2008
Francis S. allinan
Attorney for Plaintiff
{
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D.#56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
n
MO RI
cu" i
err-;
M&T BANK SB/M MANUFACTURERS &
TRADERS TRUST COMPANY
1100 Wehrle Drive
2nd Floor
Williamsville, NY 14221
Plaintiff
vs.
SHAWN D. BURKE, Solely in His Capacity as Heir
of the Estate of Louise J. Burke, Deceased
UNKNOWN HEIRS OF THE ESTATE OF
LOUISE J. BURKE, DECEASED
Mortgagor(s) and
Record Owner(s)
1101 Drexel Hills Boulevard
New Cumberland, PA 17070
Defendant(s)
CERTIFICATE OF SERVICE
PURSUANT TO Pa.R.C.P. 3129.2 (c) (2)
Term
No. 09-6568
Michael T. McKeever, Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of
the Notice of Sheriff Sale was made by:
( Personal Service by the Sheriffs Office/ccxa}otent?t (copy of return attached).
( ) Certified mail by Michael T. McKeever (original green Postal return receipt attached).
( ) Certified mail by Sheriffs Office.
( ) Ordinary mail by Michael T. McKeever, Esquire to Attorney for Defendant(s) of record (proof of
mailing attached).
( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached).
( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER.
Premises was posted by Sheriffs Office%Oentad"w(copy of return attached).
( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached).
Certified Mail & ordinary mail by Michael T. McKeever (original receipt(s) for Certified Mail
attached).
( ) Published in accordance with court order (copy of publication attached).
Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by
ordinary mail by Michael T. McKeever, Esquire (copies of proofs of mailing attached).
The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section
4904.
Respectfully submitted,
BY: Keith C. Halili
Legal Secretary
81177FC
CF: 10/01/2009
SD: 06/02/2010
$108,814.15
THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
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M&T BANK SIB/M MANUFACTURERS & TRADERS TRUST
COMPANY
vs.
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of
Louise J. Burke, Deceased
UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE,
DECEASED
Tenn
No. 09-6568
ORDEE?R??'t
0% 41A
day of 045 ' 2009, upon consideration of the Plaintiffs
AND NOW, this
Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good
faith efforts to ascertain the present whereabouts of Defendant, UNKNOWN HEIRS OF THE ESTATE
OF LOUISE J. BURKE, DECEASED, has been unsuccessful, it is hereby
ORDERED and DECREED that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is
directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, UNKNOWN HEIRS OF THE
ESTATE OF LOUISE J. BURKE, DECEASED, by (i) publication as provided in Pa.R.C.P. 430(b)(2), (ii)
posting a copy of the Complaint upon the subject property, located at 1101 Drexel Hills Boulevard, New
Cumberland, PA, 17070 (the "Property"), and (iii) sending a copy of same by certified and regular mail to
the Property; and, it is further
ORDERED and DECREED that Plaintiff shall serve the Notice of Sheriff's sale upon Defendant,
UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED, by (i) posting a copy of
the Complaint upon the Property, and (ii) sending a copy of same by certified and regular mail to the
Property; and, it is further
ORDERED and DECREED that all other legal papers shall be served upon Defendant,
UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED, by sending a copy of
same by regular mail to the Property.
BY T IT:
Distribution list:
Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532
SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke, Deceased, 461 S. Front Street
Wormleysburg, PA 17043
UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED, 1 101 Drexel Hills Boulevard New Cumberland,
PA 17070
Form 3877
Domestic USPS Firm M ailing Book
----------------------
Name and Address of Se ------------------
nder: ----
Perm -----------
it Number -------------------------
Sequence Number
JOSEPH A GOLDBECK JR 3256A
MELLON INDEPENDENCE CE NT
701 MARKET ST STE 5000 Ascent - MAC v7.90.7 .90.M
PHILADELPHIA, PA 19106
---------------------------
--------
----------------------------------
Piece ID Article 9 -----------------------------
Delivery Address -------
SS -----------
Fee P ---------
ostage --
Value Sender Charges
Addressee Name Type Insur./Register Due Total
..".'77LB6-02 71114392363000819009 JNKNOWN HEIRS OF THE ESTATE OF C 2.80 0.94 4.34
""01 Drexel Hills Boulevard ERR 1.10
New Cumberland, PA 77070
_,?"85R05-07.01711143423630008190,6 31SEN, RONALD H. C 2.80 0.44 4.34
2608 Freemansburo Avenue ERR 1.10
Easton, PA '.8045
45RJ6-11 71114342363000819023 7ENKINS, RUTH L. C 2.80 0.44 4.34
"243 Aimira Street, ERR 1.10
.'ohstown., PA 15905
39645MJ6-11 71114342363000819030 JENKINS, MARK E. C 2.80 0.44 4.34
"243 Alyd ra Street ERR 1.10
:ohnstown, PA 15905
36091KR4-05 71114342363000819047 REIGN, KEVIN W. C 2.80 0.44 4.34
3311 Wildcat Hollow Road ERR 1.10
Buena Vista, PA 15018
86091SR4-05 71114342363000819054 REIGH, SHAUNA C 2.80 0.44 4.34
P.O Box 124 ERR 1.10
Buena Vista, PA 15018
7 a64CC5-09.0171114342363000819061 CEREBE, COLLEEN M. C 2.80 0.44 4.34
' 0 Yd VIy
36 Brookshire Plaza ERR 1.10 y?
0 %
PA 19116
hil
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CO
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2 F
1-141BT4-09 71114342363000819079 -ORNER, BEN J. C 2.80 0.44 a °r 4.34
38386 Five Corners Road
ERR
1.10 Y
yc
Centerville, PA 16404
a
AS
Nf1N01
---------------------------------
-..7e Totals: 8 ------------------------------ - ------ ----- -
31-20 --------
3"52 ----------------------------- -------
34.72
...,.m.uiative Totals: 72 2 80-80 33.38 314.18
Page 9
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
OFFICE OF THF, MF4FF
M & T Bank Case Number
vs.
Shawn D. Burke (et al.) 2009-6568
SHERIFF'S RETURN OF SERVICE
04/12/2010 03:45 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
4/12110 at 1545 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Unknown Heris of the Estate of Louise J.
Burke, located at, 1101 Drexel Hills Blvd, New Cumberland, Cumberland County, Pennsylvania according
to law
04/22/2010 06:17 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/22/10 at
1814 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 Shawn D. Burke, located at, 1101 Drexel Hills Boulevard, New
Cumberians, Cumberland County, Pennsylvania according to law.
04/23/2010 01:00 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 4/23/10 at
1257 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: Shawn D. Burke, by making known unto, Shawn
D. Burke, personally, at, 461 S. Front Street, Wormleysburg, Cumberland County, Pennsylvania its
contents and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $899.92
April 26, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CountySerite Shetiff, TelecsM, Inc.
GOLDBECK McCAFFERTY & McKEEVER
BY: Michael T. McKeever
Attorney I.D.#56129
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-825-6320
Attorney for Plaintiff
M&T BANK SB/M MANUFACTURERS &
TRADERS TRUST COMPANY
1100 Wehrle Drive
2nd Floor
Williamsville, NY 14221
Plaintiff
vs.
SHAWN D. BURKE, Solely in His Capacity as Heir
of the Estate of Louise J. Burke, Deceased
UNKNOWN HEIRS OF THE ESTATE OF LOUISE
J. BURKE, DECEASED
Mortgagor(s) and Record Owner(s)
1101 Drexel Hills Boulevard
New Cumberland, PA 17070
Defendant(s)
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 09-6568
AFFIDAVIT PURSUANT TO RULE 3129
M&T BANK SB/M MANUFACTURERS & TRADERS TRUST COMPANY, Plaintiff in the above
action, by and through an authorized employee of its attorneys, Goldbeck McCafferty & McKeever, sets forth as
of the date the praecipe for the writ of execution was filed the following information concerning the real property
located at:
1101 Drexel Hills Boulevard
New Cumberland, PA 17070
I .Name and address of Owner(s) or Reputed Owner(s):
SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke,
Deceased
461 South Front Street
Wormleysburg, PA 17043
UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED
1101 Drexel Hills Boulevard
New Cumberland, PA 17070
2. Name and address of Defendant(s) in the judgment:
SHAWN D. BURKE, Solely in His Capacity as Heir of the Estate of Louise J. Burke,
Deceased
461 South Front Street
Wormleysburg, PA 17043
UNKNOWN HEIRS OF THE ESTATE OF LOUISE J. BURKE, DECEASED
1101 Drexel Hills Boulevard
New Cumberland, PA 17070
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be
sold:
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
4. Name and address of the last recorded holder of every mortgage of record:
MANUFACTURERS & TRADERS TRUST COMPANY
1 M&T Plaza
Buffalo, NY 14240
5. Name and address of every other person who has any record interest in or record lien on the property and
whose interest may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in
the property which may be affected by the sale.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the
property which may be affected by the sale.
TENANTS/OCCUPANTS
1101 Drexel Hills Boulevard
New Cumberland, PA 17070
INTERNAL REVENUE SERVICE - SPECIAL PROCEDURES BRANCH
1001 Liberty Avenue
Thirteenth Floor, Suite 1300
Pittsburgh, PA 15222
COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE
INHERITANCE TAX DIVISION
1131 Strawberry Square
6th Floor
Harrisburg, PA 17128
DEPARTMENT OF PUBLIC WELFARE
ESTATE RECOVERY PROGRAM
PO Box 8486, Willow Oak Building
Harrisburg, PA 17105-8486
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. Section 4904 relating to unworn falsification to authorities.
DATED: May 19, 2010
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GOLDBECK McCAFFERTY & McKEEVER
BY: Keith C. Halili
Legal Secretary