HomeMy WebLinkAbout09-0524IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK, N.A., N.D.
Plaintiff,
VS.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
A AEY FOR PLA AT CIVIL DIVISION
TO DEFENDANTS
You are hereby notified to plead to the ENCLOSED
COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF
NO.: QR .5a 4
TYPE OF PLEADING
a-"it-lem
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
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
205 West 4`h Street
Suite 500
Cincinnati, OH 45202
AND THE DEFENDANTS IS:
8 Mountain Street
Mount Holly Springs, PA 17065
TORNEY FOR P AINTIFF
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
8 Mountain Street, Boro of Mount Holly Springs
(CITY, BORO, TOWNSHIP,WARD)
TTO NEY FOR PLAINTIFF
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,
vs.
NO.:
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
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.
Plaintiff,
CIVIL DIVISION
NO.: f) 9- S,2 `! C}krv-.(
vs.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
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 4`h Street, Suite 500, Cincinnati, Ohio 45202 and is authorized to do business in the
Commonwealth of Pennsylvania.
2. The Defendants, Rodger V. Nace and Ashley L. Nace, are individuals whose last
known address is 8 Mountain Street, Mount Holly Springs, Pennsylvania 17065.
3. On or about August 3, 2007, Defendants executed a Note in favor of Wilmington
Finance Inc. in the original principal amount of $124,000.00. A true and correct copy of said
Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about August 3, 2007, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Mortgage Electronic Registration Systems, Inc., as
Nominee for Wilmington Finance Inc. a Mortgage in the original principal amount of
$124,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office
of the Recorder of Deeds of Cumberland County on August 20, 2007 at Instrument Number
200732531. 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. Mortgage Electronic Registration Systems, Inc., as Nominee for 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 at Instrument No. 200900858. A true and correct
copy of said Assignment of Mortgage is marked as Exhibit "C", attached hereto and made part
hereof.
6. Defendants are the record and real owners of the aforesaid Mortgaged Premises.
7. Defendants are 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. Defendants are due
for the July 1, 2008 payment.
8. On or about December 10, 2008, Defendants were mailed Notices of
Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notices") in compliance
with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended.
9. Plaintiff was not required to send Defendants separate Notices of Intention to
Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq., as a result of
sending the Act 91 Notices.
10. The amount due and owing Plaintiff by Defendants is as follows:
Principal $123,286.66
Interest to 1/13/09 $ 6,350.80
Late Charges to 1/13/09 $ 329.84
Escrow Deficiency to 1/13/09 $ 1,408.96
Corporate Advances $ 95.00
Attorney's fees $ 1,300.00
Title Search, Foreclosure and
Execution Costs $ 2,500.00
TOTAL $135,271.26
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $135,271.26 with interest thereon at the rate of $28.29 per diem from January 13, 2009, 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:
.an 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"
NOTE
RACE
Laen N: 20p0045822
AUGUST 3, 2007 HARRISBURG MIN:10037240707469s235
,
[Date] ICity] PENNSYLVANIA
[State]
8 MOUNTAIN STREET, MOUNT HOLLY SPRINGS, PA 17065
[Property Address]
1. BORROWER'S PROMISE TO PAY I--,
In return for a loan that 1 have received, 1 promise to pay U.S. $124, 000.00 (this amount is called
"Principal"), plus interest, to the order of the Lender. The Lender is WILMINGTON FINANCE INC.. 1 will make
all payments under this Note in the forth of cash, check or money order.
1 understand that the Lender may transfer this Note. The lender or anyone who takes this Note by transfer
and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay
interest at a yearly rate of 8.375%. -1"
The interest rate required by this Section 2 is the rate 1 will pay both before and after any default described
in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by snaking a payment every month.
I will make my monthly payment on the 1ST day ofeach month beginning on OCTOBER 1, 2007.1 will
make these payments every month until 1 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
he applied to interest before Principal. If, on SEPTEMBER 1, 2037,1 still owe amounts under this Note, I 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, PLYMOUTH MEETING, PA 19462 or at a
different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $942.49. 4/
4. BORROWER'S RIGHT TO PREPAY SEE I PREPAYMENT RIDER TO NOTE' ATTACHED HERETO
AND MADE A PART HEREOF.
I have the right to make payments of Principal at any time before they are due. A payment of Principal only
is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. 1
may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note
Holder will use my Prepayments to reduce the amount of Principal that 1 owe under this Note. However, the Note
Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before 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 date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this 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 me which exceeded permitted limits will be refunded to me. The Note
Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct
MULTISTATE FIXED RATE NOTE --Single Family- Fannie MadFreddle Mae UNIFORM INSTRUMENT
4016 5.3
Modified by NILNINaWN trINAmca INC. Perm 3100 1/01 (page / of ! pogtrJ
441111 I W
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Payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end 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 5.000% of my
overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment.
(B) Default
If 1 do not pay the full amount ofeach monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If 1 am in default, the Note Holder may send me a written notice telling me that if 1 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 all the interest that I owe on that amount. That date must be at least 30 days after the date on
which the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Nate Holder will still have the right to do so if l am in default at it later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will
have the right to be paid back by me for all of its coats and expenses in enforcing this Note to the extent not
prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
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 class mail to me at the Property Address above or at a different
address if 1 give the Note Holder it notice 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 mail 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 different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises
made in this Note. The Note Holder may enforce its rights under this Note against each person individually or
against all of us together. This means that any one of us may be required to pay all of the amounts owed under this
Note.
9. WAIVERS
1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor. "Presentment" means the right to require 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
paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security
Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I
do not keep the promises which I make in this Note. That Security Instrument describes how and under what
conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of
MULTIS rATF FIXED RATE NOTE --Single Family-- Fannie MaNFreddte Mae UNIFORM INSTRUMENT
5.5
Modified by NILIQNOTON riNatrCa INC. Farm 3200 1101 (page 2 of 3 pages)
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0 0
2000045497
those conditions are described as follows:
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 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 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.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
- HO NER - RODOER V NACE - DATB -
- BORROOWNR ASHLRY L MACE - DATE -
[Sign Original Only]
MULTISTATE FIXED MATE NOTE -Single Family-. Fannk MaeJFreddla Mae UNIFORM INSTRUMENT
41" 5.5
Modified by niLIIINaToN rimAucz INC. Form 3200 1/01 (page 3 of 3 pages)
0 a
PREPAYMENT RIDER TO NOTE
NAL's
Loan #: 290004SO92
MIN:100372407074695235
The Note (fated AUGUST 3, 2007 between WILMINGTON FINANCE INC. (Lender) and RODGER V
NACS and ASHLEY L MACE (Borrower or 1) is hereby amended as follows:
1. Additional Covenants. Notwithstanding anything to the contrary set forth in the Note or Security Instrument,
Borrower and Lender covenant, and agree, that the provisions of the section of the Note entitled "BORROWER'S
RIGHT TO PREPAY" or "BORROWER'S PREPAYMENTS BEFORE THEY ARE DUE" is amended to read as
follows:
1 have the right to make payments of principal at any time before they are due. A prepayment of the entire
unpaid principal is known as a "Full Prepayment". A prepayment of only part of the unpaid principal is known as a
"Partial Prepayment". When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may
not designate a payment as a Prepayment if I 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 a partial prepayment equal to one or more of the monthly payments, my due date may be
advanced no more than one month. If I snake any other partial prepayment, 1 must still make each later payment as it
becomes due and in the same amount. I may make a full prepayment at any time. However, if within the first 36
months after execution of the Mortgage, I make any prepayment(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 5.000% of the amount prepaid in excess of 10% of the original principal balance of the Note.
This Rider will remain in full force and cffecl unless the Note is transferred by Lender 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 shall remain in full force and effect.
By signing below. Borrower(s) accept(s) and agree(s) to the terms and covenants contained in this
Prepayment enalty Rider to Note.
-BORRO R-RODGER V NACS - DATE
-BORROWER - ASHLEY L NACE - DATE
otl-> 9906.5 Aaae I or1
EXHIBIT "B"
i?
After Recording Return To:
WILMINGTON FINANCE, INC.
PO BOX 7000
PLYMOUTH MEETING, PA 19462
(877) 963-4968
Prepared By:
WILMINGTON PINANCS, INC.
WILMINGTON PINANCS INC.
401 PLYMOUTH ROAD, SUITS
400
PLYMOUTH MEETING,PA19462
(877) 963-4968
Property Address:
8 MOUNTAIN STREET
MOUNT HOLLY SPRINGS,PA
17065
PIN: 23-32-2338-072
pace Above This Line For Recording Dutal
MORTGAGE
MACR
Loan If, 2000045892
PIN: 23-32-2338-072
M114! 10037240707469S235
DEFINITIONS
Words used in multiple sections of this document are 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 AUGUST 3, 2007, together with all
Riders to this document.
(13) "Borrower" is RODGER V. NACS AND ASHLEY L. NACE, HUSBAND AND WIFE. Borrower is
the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under
this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address
and telephone number of P.O. Box 2026, Flint, M148501-2026, tel. (888) 679-MERS.
(D) "Lender" is WILMINGTON PINANCS INC. Lender is a CORPORATION organized and existing
under the laws of DELAWARE. Lender's address is 401 PLYMOUTH ROAD, SUITS 400, PLYMOUTH
NESTING, PA 19462.
(E) "Note" means the promissory note signed by Borrower and dated AUGUST 3, 2007. The Note states
that Borrower owes Lender ONE HUNDRED TWSNTY-FOUR THOUSAND AND 00/100 Dollars (U.S.
$124, 000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to
pay the debt in full not later than SEPTEMBER 1, 2037.
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
PEVNSVI.VANIA-Sin 0.
gle y-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
IM-) 347 32 Page I of 13 Form 3039 1/01
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200004SS92
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Notc, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that arc executed by Borrower. The following
Riders arc to be executed by Borrower (check box as applicable):
O Adjustable Rate Rider O Condominium Rider O Second Home Rider
O Balloon Rider O Planned Unit Development Rider O Biweekly Payment Rider
O 1-4 Family Rider 0Othcr(s) (specify)
(1) "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.
(J) "Community Association Dues, Fees, sad 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.
(K) "Electronic Funds Transfer" means any transfer of funds, 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 tcllet machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third patty (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 Insurance" 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 (ii) any amounts under Section 3 of this Security Instrument.
(P) "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. Pan 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 that arc imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RES PA.
(Q) "Successor in Interest of Borrower" means any party that hits 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
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns
of MFRS the following described property located in the COUNTY (Type of Recording Jurisdiction) of
CUMBERLAND (Name of Recording Jurisdiction)
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.
which currently has the address of 8 MOUNTAIN STREET, MOUNT HOLLY SPRINGS, Pennsylvania
17065 ("Property Address"):
PENNSYLVANLA•Singte Family. Fannie Nae/Freddle Mac UNIFORM INSTRUMENT
e12i.) 347.32 Page 2 of 13
Form 31139 1l01
Q&,V 0(- 0
2000045892
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 replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom, BIERS (as nominee for
Lender 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 sell 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
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. Pavment 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 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 Lender 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) ecrtifrcd 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 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 are insufficient to
bring the Loan current. 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 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 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 Burrower 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
PENSAVLVANIA-Single FamdyFanale Mae/Freddie Mae L`NIFOR.M INSTRUMENT
fto 34732 Page 3 or u Form 3039 1/01
z6v,U a 0
2000045092
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 rote 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 arc 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 required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section IQ. These items arc 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 escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower
shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
payment within such time period as Lender may require. Borrower's obligation to make such payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts, that are then required under this Section 3
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to
apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of 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 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 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 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 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.
PENNSYLVANLA-Single FamilyFoaak Mae/Freddlt Mat UNIFORM INSTRUMENT
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Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender,
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the
extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such 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 arc }ending, 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. If Lender determines that any part of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more
of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires 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 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 any fees 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 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 Lender and renewals of such politics 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
PENNSYLVANIA-Smglc Fundy-Fannk Mat/Freddte Mac UNIFORM INSTRUMENT
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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 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
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. Fecs 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 shall be applied to
the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such 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 of unearned premiums paid by 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 either to repair or restore the Property or to pay amounts unpaid
under the Note or this Security Instrument, whether or not then due.
6. 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 Borrower's principal residence for at least one year 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 5 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 are paid in
connection with damage to, or the taking 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
PENNSYLVANIA-Single Family-Faeate %taHFreddie Vitae UNIFORM INSTRUMENT
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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 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 over this Security Instrument; (b) appearing in court; and (c) paying reasonable anomeys' 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 Property 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 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 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
[case. 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, alter or amend the
ground 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 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 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 make 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-rcfundable 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 parry (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source of
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 reinsurer,
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae VNIFORM INSTRUMENT
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any 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 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 terms 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 under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain 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.
IL Assignment or Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the right 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 any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in %alue of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the 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 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 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 Patty (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
PENNSYLVANIA-Single FamilyFranole MarlFreddle Mae UNIFORM INSTRUMENT
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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 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 Lender'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 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 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-signer; 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 terns 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 writing, and is approved by Lender, shall obtain all
of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security Instrument 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 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. 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 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 born 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
PENNSYLY,%MA-Single Family-Fsnaie.tadFreddle Mac UNIFORM INSTRUMENT
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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 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.
16. Governing Law; Severabitity; 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 or words 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 or beneficial 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 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 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. Those conditions are that
Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as
if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all
expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attomeys'
fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lendcr's
interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may
reasonably require to assure that Lender'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; (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
PENNSYLVANIA-Single Family-Fannie Nae/Freddle Mae UNIFOR.N INSTRUMENT
4._;J 347.32 Page 10 of 13 Form 3039 1101
6r,/ O'k-)
7000045!92
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 Servicer; Notice of Grievance. The Note or a partial interest in
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 "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 given 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 patty'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 IS) 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 can 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 18 shall be deemed to
satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" arc those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or 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 release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any 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 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 learns, or is notified by
any governmental or regulatory authority, or any private party, that any removal or other rcmcdiation 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.
PENNSYLVANIA-Single Family-Faenie NaelFreddle Mae UNIFOILM INS`fRUMENT
4M.) 341.32 Page I I of 13 Form 3039 1/01
6
2000045092
NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior
to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when
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
and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense
of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option
may require Immediate payment in full of all sums secured by this Security Instrument without further
demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to
coiled 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
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the commencement of bidding at a sheriff's 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 After Judgment. Borrower agrees that the interest rate payable after a judgment
is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Tit LL et- O
BOR R-RODGER V MACE - DATE -
- BORROWER - ASHLEY L NACE - DATE -
PENNSYLVANIA-Single FanulyFanote Mse/Freddle Mae UNIFORM INSTRUMENT
4M.) 347.32 Page 12 of 13 Forte 3039 1101
200004SO92
(Space Below This Line For
1
STATE OF `?M?9.?`Jo•:-
COUNTY OF \ l.J,..bcz?i?c?
k- V
On this the ? day of 1
"Z v V s\o.,.?,ti theu
T?XkVJ \ before me,
officer, personally appeared
known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged that he/she/they executed the same for the purpo therein contained.
In witness whereof, I hereunto set my hand and
official seal. Ner'dfy ublic
Expires:
COMMONWEALTH OF PENNSYLVA NU
=V. AI SEAL Public
IN, Notary
p., Dauphin County
pires June 26$. 2010
Member, Pennsylvania Asscelalion 01 oo apes.
CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within named Lender is
401 PLYMOUTH ROAD, SUITS 400, PLYMOUTH MIRTING, PA 19462 witness my hand this
3RDdayofAUGUST, 2007.
PENNSYLVANIA-Single Family-Fanole Mae/Freddte.tae UNIFORM INSTRUMENT
e_j 347.32 Page 13 of 13 Form 3039 1/01
woo) &.?_' t"?
S edwle C
Legal DeScription
AM THAT CERTAIIV tract of land with improvements thereon situate in the
Borough of Mount Holly Springs, Cumberland County, Pennsylvania. bounded
and described as per magnetic bearings of 1950, as follows:
BEGINNING at an iron pin on the southwestern side of the public road leading to
Cralgheads MW and known as Mountain Street; thence along the southeastern
side of said street. South 46-1/2 degrees West. 76.8 feet to an iron pin, a corner
of land formerly of Martin Wolf. now or formerly of Jacob McCommons; thence by
said land. South 40-1/2 degrees East. 118.5 feet to an iron pin on line of land
now or formerly of Church and Moore; thence by said land. North 73 degrees East,
93 feet to an iron pin; thence by other land now or formerly of Charles C.
Chronister. of which the herein described premises- was a part. North 44
degrees West, 160 feet to the place of BEGINNING.
HAVING THEREON ERECTED a dwelling house known and numbered as 8
Mountain Street. Mt. Holly Springs, Pennsylvania.
BEING Parcel No. 23-32-2338-072
•
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
I COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200732531
Recorded On 8/20/2007 At 12:07:59 PM * Total Pages - 15
* Instrument Type - MORTGAGE
Invoice Number - 2527 User ID - AMS
* Mortgagor - MACE, ROGER V
* Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
* Customer - KEYSTONE LAND
FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $31.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $58.50
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
cu
i
RECORDER O
' 1) .EDS
- Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
RIVIIR0001YI?II
EXHIBIT "C"
Prepared By:
Grenen & Birsic, P.C.
One Gateway Center, 91h Floor
Pittsburgh, PA 15222
Return To:
Grenen & Birsic, P.C.
One Gateway Center, 9 h Floor
Pittsburgh, PA 15222
Parcel No.: 23-32-2338-072
ASSIGNMENT OF MORTGAGE
From Rodger V. Nace and
Ashley L. Nace
Mortgagors
To Mortgage Electronic Registration
Systems, Inc., as Nominee for
Wilmington Finance, Inc.
Mortgagee
Mortgage Dated: August 3, 2007
Mortgage Recorded: August 20, 2007
Instrument Number: 200732531
in the Recorder's Office of Cumberland
County, Pennsylvania.
Amount: $124,000.00
11tililli
?For value received and intending to be legally bound hereby, Mortgage Electronic Registration
S terns, Inc., as Nominee for Wilmington Finance, Inc. ("Assignor") does hereby this _h day of
2008, grant, sell, assign, transfer, set over and deliver unto U.S. Bank, N.A., N.D.
("Assignee"), its successors and assigns, all right, title and interest of Assignor in and to the above-
referenced Mortgage together with all of Assignor's rights, remedies, incidents and appurtenances as
stated in the Mortgage 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 first above written.
ATTEST:
MORTGAGE ELECTRONIC EGISTRATION
SYSTEMS, INC., AS NOMINEE FOR
WILMINGTON FINANCE, INC.
I/P - By: 4'.1, 1, CV,
Name: !?-4
Title:
Property Address: 8 Mountain Street, Mount Holly Springs, PA 17065
Borough of Mount Holly Springs
STATE OF e 2h ss:
COUNTY OF )
On this, the day of , 2008, before me, the undersigned officer,
personally appeared F 'e- 44= , who acknowledged himself/herself to be the
of Mortgage leE ctronic Registration Systems, Inc., as Nominee for Wilmington
Finance, Inc., and that 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.
reof, I hereunto set my hand and official seal.
ELIZABETH MCDANIEL
NOTARY PUBLIC
STATE OF OHIO Notary lic
MY COMMISSION EXPIRES
ON 3-26.2013
Certificate of Residence
I, Brian B. Dutton, Esquire, do certify that the Assignee's precise residence is 205 West 4 h 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 - 200900858
Recorded On 1/12/2009 At 1:26:2 7 PM
* Instrument Type - ASSIGNMENT OF MORTGAGE
Invoice Number - 35176 User ED - MSW
* Mortgagor - NACE, RODGER V
* Mortgagee - U S BANK N A
* Customer - GRENEN & BIRSIC
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $37.00
* 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
/DZDS
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
YIIIII?Nn 11
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.
I _., r 3 :7
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SHERIFF'S RETURN - REGULAR
CASE NO: 2009-00524 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
U S BANK NA ND
VS
NACE RODGER V ET AL
JASON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
NACE RODGER V the
DEFENDANT
, at 0014:29 HOURS, on the 4th day of February-, 2009
at 25 HALF MILE DRIVE
GARDNERS, PA 17384 by handing to
RODGER NACE DEFENDANT
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Additional Comments
ADDRESS YOU PROVIDED OF 8 MOUNTAIN STREET, MT HOLLY SPRINGS IS
VACANT. POST OFFICE PROVIDED NEW ADDRESS OF 25 HALF MILE DRIVE,
GARDNERS, PA 17384.
Sheriff's Costs: So Answers:
Docketing
Service 18.00
9.00
Affidavit .00
Surcharge 10.00 R. Thomas Kline
Postage .42
37.42 02/05/2009
GRENEN & BIRSIC
Sworn and Subscibed to
before me this
of
By.
day
A. D.
cr)
LIJ
?a
SHERIFF'S RETURN - REGULAR
CASE NO: 2009-00524 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
U S BANK NA ND
VS
NACE RODGER V ET AL
JASON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
NACE ASHLEY L
the
DEFENDANT , at 0014:29 HOURS, on the 4th day of February-, 2009
at 25 HALF MILE DRIVE
GARDNERS, PA 17384 by handing to
RODGER NACE ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Additional Comments
ADDRESS YOU PROVIDED OF 8 MOUNTAIN STREET, MT HOLLY SPRINGS IS
VACANT. POST OFFICE PROVIDED NEW ADDRESS OF 25 HALF MILE DRIVE,
GARDNERS, PA 17384.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00 R. 'Thomas Kline
.00
16.00 02/05/2009
GRENEN & BIRSIC
Sworn and Subscibed to By:
before me this day De t Sheriff
of , A.D.
was served upon
>- CO
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110
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?° V
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D.,
Plaintiff,
vs.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
CIVIL DIVISION
NO.: 09-524 Civil Term
TYPE OF PLEADING
PRAECIPE FOR DEFAULT JUDGMENT
(Mortgage Foreclosure)
I hereby certify that the
address of Plaintiff is:
4600 Regent Blvd., Suite 200
Irving, TX 75063
the last known address of
Defendants is:
25 Half Mile Drive
Gardners, PA 17384
GRENEN & BIRSIC, P.C.
r t?
ttorneys for Plaintiff
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D.,
Plaintiff,
vs.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
'r0: PROTHONOTARY
CIVIL DIVISION
NO.: 09-524 Civil Term
PRAECIPE FOR DEFAULT JUDGMENT
SIR:
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendants, Rodger V. Nace and Ashley L. Nace, in the amount of $137,199.74, which is
itemized as follows:
Principal $123,286.66
Interest to 3/11/09 $ 7,935.04
Late Charges to 3/11/09 $ 424.08
Escrow Deficiency to 3/11/09 $ 1,408.96
Corporate Advances $ 345.00
Attorney's fees $ 1,300.00
Title Search, Foreclosure and
Execution Costs $ 2,500.00
TOTAL $1 37,199.74
with interest on the principal sum at the rate of $28.29 per diem from March 11, 2009, and
additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the mortgaged
premises.
GRENEN & BIRSIC, P.C.
BY:
B an B. Dutton, Esquire
Attorneys for Plaintiff
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Brian B. Dutton, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendants were not in the military service of the United States of America to the best of his
knowledge, information and belief and certifies that the Notices of Intent to take Default
Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies.
Sworn to and subscribed before me
this day of ? , 2009.
Notary Public
COMMONVVF.A4 T P PINNSYLVANIA
Notai w Bad
Pah* A. Townsend, N*q PtUo
CRY Of PltitbA;h, AN OWW Cou*
W Comr iftW EN'*W June Z, 2011
Member, Pennsylvania Association of Notaries
0 •
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK, N.A., N.D.
Plaintiff,
CIVIL. DIVISION
NO.: 09-524 Civil Term
vs.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
TO: Rodger V. Nace
25 1lalf Mile Drive
Gardners, PA 17384
DATE OF NOTICE: February 25, 2009
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOST: YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 'Toll Free (800) 990-9108
GRENEN & BIRSIC, P.C.
FIRST CLASS MAIL, POSTAGE PREPAID
By: l
Orneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
0 •
IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK, N.A., N.D.
Plaintiff,
CIVIL DIVISION
NO.: 09-524 Civil Term
vs,
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
TO: Ashley L. Nace
25 Half Mile Drive
Gardners, PA 17384
DATE OF NOTICE: February 25, 2009
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE. FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN "TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO 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
FIRST CLASS MAIL, POSTAGE PREPAID
GRENEN & BIRSIC, P.C.
By:
ttorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
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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.: 09-524 Civil Term
vs.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Rodger V. Nace
25 Half Mile Drive
Gardners, PA 17384
( ) Plaintiff
(XX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on _ 3 L&Ilog__ .
( ) A copy of the Order or Decree is enclosed,
or
(XX) The judgment is as follows: $137,199.74
with interest on the principal sum at the rate of $28.29 per diem from March 11, 2009, 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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 09-524 Civil Term
vs.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: Ashley L. Nace
25 Half Mile Drive
Gardners, PA 17384
( ) Plaintiff
(XX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on `ShuIQ
( ) A copy of the Order or Decree is enclosed,
or
(XX) The judgment is as follows: $137,199.74
with interest on the principal sum at the rate of $28.29 per diem from March 11, 2009, 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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
U.S.. Bank N.A., N.D.
VS.
Rodger V. Nace and
Ashley L. Nace VS.
( ) Confessed Judgment
(xx) Other Mortgage Foreclosure
File NO. 09-524 Civil Term
Amount Due $137,199.74
Interest $ 5,455.18
TO THE PROTHONOTARY OF THE SAID COURT:
Atty's Comm included in amount due
Costs
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County,
for debt, interest and costs, upon the following. described property of the defendant(s)
8 Mountain Street, Mount Holly Springs, PA 17065
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).
17 (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defeendant(s) described in the attached exhibit.
Date S _2 Signature:
Print Name: BI/an B. Dutton, Esquire
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.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
CIVIL DIVISION
NO.: 09-524 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
Rodger V. Nace and Ashley L. Nace located at 8 Mountain Street, Mount Holly Springs,
Pennsylvania 17065 and is more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RODGER V. NACE AND
ASHLEY L. NACE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
BOROUGH OF MOUNT HOLLY SPRINGS, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 8 MOUNTAIN STREET, MOUNT HOLLY
SPRINGS, PA 17065. DEED BOOK VOLUME 267, PAGE 4027 AND PARCEL NUMBER
23-32-2338-072.
1. The name and address of the owners or reputed owners:
Rodger V. Nace and
Ashley L. Nace
25 Half Mile Drive
Gardners, PA 17384
0" ...
2. The name and address of the defendants in the judgment:
Rodger V. Nace and 25 Half Mile Drive
Ashley L. Nace Gardners, PA 17384
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:
Tenants
8 Mountain Street
Mount Holly Springs, PA 17065
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.
Brian B. Dutton, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this day of PaA [` ?- , 2009.
Notary Public
CAM T P R VANIA
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D.,
Plaintiff,
vs.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
CIVIL DIVISION
NO.: 09-524 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 owners of the property located at 8
Mountain Street, Mount Holly Springs, Pennsylvania 17065 are, Defendants, Rodger V. Nace
and Ashley L. Nace, who resides at 25 Half Mile Drive, Gardners, Pennsylvania 17384, to the
best of his information, knowledge and belief.
SWORN TO AND SUBSCRIBED BEFORE
?--
ME THIS DAY OF ?ht fl-l) 2009.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notadel Seat
Pal ida A. Toviserxi, Notary Public
C illy Of Pittsburgh, ANeowW Count
My Canftsim Ekes 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.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
CIVIL DIVISION
NO.: 09-524 Civil Term
AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEQ.
AND ACT 91 OF 1983
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
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 September 2, 2009, Defendants were
mailed Notices 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 Defendants
separate Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S.
§101, et seq., as a result of sending the Act 91 Notices.
SWORN TO AND SUBSCRIBED BEFORE
ME THIS CX? DAY OF Q n r ? , 2009.
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Notary Public
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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.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
NO.: 09-524 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Rodger V. Nace
25 Half Mile Drive
Gardners, PA 17384
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 September 2, 2009 at 10:00 A.M., the following described real estate, of which Rodger V.
Nace and Ashley L. Nace are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RODGER V. NACE AND
ASHLEY L. NACE OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALI. THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
BOROUGH OF MOUNT HOLLY SPRINGS, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 8 MOUNTAIN STREET, MOUNT HOLLY
SPRINGS, PA 17065. DEED BOOK VOLUME 267, PAGE 4027 AND PARCEL NUMBER
23-32-2338-072.
The said Writ of Execution has been issued on a judgment in the mort-gage foreclosure
action of
U.S. Bank N.A., N.D.,
Plaintiff,
vs.
Rodger V. Nace and Ashley L. Nace,
Defendants,
at Execution Number 09-524 Civil Term in the amount of $142,654.92.
A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty
(30) days from the sale date.
Distribution will be made in accordance with the Schedule of Distribution unless
exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date
when the Schedule of Distribution is filed by the Office of the Sheriff.
GRENEN & BIRSIC, P.C.
By:
99an 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.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
NO.: 09-524 Civil Term
LONG FORM DESCRIPTION
ALL that certain tract of land with improvements thereon situate in the Borough of
Mount Holly Springs, Cumberland County, Pennsylvania bounded and described as per magnetic
bearings of 1950, as follows:
BEGINNING at an iron pin on the southwestern side of the public road leading to
Craigheads Mill and known as Mountain Street; thence along the southeastern side of said street,
South 46 '/Z degrees West, 76.8 feet to an iron pin, a corner of land formerly of Martin Wolf, now
or formerly of Jacob McCommons; thence by said land, South 40'/z degrees East, 118.5 feet to
an iron pin on line of land now or formerly of Church and Moore; thence by said land, North 73
degrees East, 93 feet to an iron pin; thence by other land now or formerly of Charles C.
Chronister of which the herein described premises was a part, North 44 degrees West 160 feet to
the place of BEGINNING.
HAVING thereon erected a dwelling house known and numbered as 8 Mountain Street,
Mt. Holly Springs, Pennsylvania.
BEING Parcel No. 23-32-2338-072.
BEING the same premises which Chad S. Gsell a/k/a Chas S. Gsell, single and Tiffany
M. Shuller, single woman, by Deed dated February 25, 2005 and recorded in the Recorder of
Deeds of Cumberland County on March 3, 2005 in Deed Book Volume 267, Page 4027, granted
and conveyed to Rodger V. Nace and Ashley L. Nace, husband and wife.
GRENEN & BIRSIC, P.C.
By:
B 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)
NO 09-524 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 RODGER V. NACE and ASHLEY L. NACE
(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 $137,199.74 L.L. $.50
Interest -- $5,455.18
Atty's Comm included in amt due% Due Prothy $2.00
Atty Paid $172.42 Other Costs
Plaintiff Paid
Date: 3/26/09
urtis R. L Og,Pr onot
(Seal) By:
Deputy
REQUESTING PARTY:
Name: BRIAN B. DUTTON, ESQUIRE
Address: GRENEN & BIRSIC, P.C.
ONE GATEWAY CENTER, 9TH FLR
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.: 09-524 Civil Term
RODGER V. NACE and TYPE OF PLEADING
ASHLEY L. NACE,
Defendants. 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: 9/2/09
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 09-524 Civil Term
vs.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
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
By letters dated March 31, 2009, 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.
i
BY: ~ ~~ G~~-~Z~
rian B. Dutton, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
THIS -UDAY OF -~ , 2009.
~~
Notary Public
COMMONWLALT`M OF PENNSYLVANIA
Notarial Seal
Patricia A Townsend, Notary Public
City of Pittsburgh, Allegheny County
My Commission F_xpirea June 2, 2011
Member, PennsylvaMa Assodation of Notaries
EXHIBIT "A"
IN "1'HI: LOUR"I' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D.,
Plaintif~i;
vs.
RODGi:R V. NACE and
ASFILEY L. NACE,
Defendants.
CIVIL DIVISION
NO.: 09-524 Civil "Perm
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
U.S. Bank N.A., N.U., Plaintiff in the above action, sets forth as of the date the Praccipe
for the Writ of Execution was tiled the following information concerning the real property of
Rodger V. Nace and Ashley L. Nace located at 8 Mountain Street, Mount Holly Springs,
Pennsylvania 17065 and is more fully described as follows:
ALL THE RIGHT, TI"I'LE, INTEREST AND CLAIM OF RODGER V. NACE AND
ASHLEY l,. NACE OF, IN ANU'I'O THE FOLLOWING DESCRIBED PROPER"I'Y:
ALL TIIE FOI,I.OWING DESCRIBED REAL ESTA"I'E SITUATED IN TiiF
BOROUGH OF MOUN"I' HOLLY SPRINGS, COUN"TY OF CUMBERLAND, AND
COMMONWF:ALTIi OF PINNSYI.VANIA. HAVING ERECTED THEREON A DWELLING
BITING KNOWN AND NUMBERED AS 8 MOUNTAIN STREET, MOUNT HOLLY
SPRINGS, PA 17065. DEED BOOK VOLUME 267, PAGE 4027 AND PARCEL NUMBER
23-32-?338-072.
1. "I'he name and address of the owners or reputed owners:
Rodger V. Nace and 25 Half Mile Drive
Ashley [.. Nace Gardners, PA 17384
~ ~
2. "I'he name and address ofthe defendants in the judgment:
Rodger V. Nace and 25 half Mile Drive
Ashley L. Nace Gardners, PA 17384
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. "I'he 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:
I~cnants 8 Mountain Street
Mount I-lolly Springs, PA 17065
r~
I verify that the statements made in the Affida~~it are true and correct to the best of my
personal knowledge, information and belief. 1 understand that false statements herein arc made
subject to the penalties of 1H Pa. ('.S.A. §4904 rclatin~ to unsworn falsification to authorities.
Brian B. Dutton, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
mcthis~dayof ~~t ~tD ~~~ ,?009.
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Notary Public
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D.,
Plaintiff,
VS.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
CIVIL DIVISION
NO.: 09-524 Civil Term 7
TYPE OF PLEADING rv
PRAECIPE TO SATISFY JLMIgIT
-c - c
FILED ON BEHALF OF PLATSMPF:
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PI:NNSYI.VANIA
U.S. BANKN.A., N.D., CIVIL DIVISION
Plaintiff,
VS.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
TO:PROTHONOTARY
NO.: 09-524 Civil Term
PRAECIPE TO SATISFY JUDGMENT
SIR:
Kindly satisfy the judgment at the above-captioned matter and mark the docket
accordingly.
GRENEN & BIRSIC, P.C.
BY:
rian B. Dutton, Esquire
Attorneys for Plaintiff
Sworn to and subscribed before me
this s..)l" _day of , 2012.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Patricia A. Townsend, Notary Public
City of Pittsburgh, Allegheny County
Pty Commission Expires June 2, 2015
EMBFR, PENNSYLVANIA ASSOCIATION OF NOTARIES
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D.,
Plaintiff,
vs.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
CIVIL DIVISION
rn A.
?
.
NO.: 09-524 Civil Term Ms.
;u
TYPE OF PLEADING
c?
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PRAECIPE TO SETTLE AND -' c.' ;x
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. #81953
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.: 09-524 Civil Term
vs.
RODGER V. NACE and
ASHLEY L. NACE,
Defendants.
PRAECIPE TO SETTLE AND DISCONTINUE
WITHOUT PREJUDICE
TO:PROTHONOTARY
SIR:
Kindly settle and discontinue without prejudice the above-captioned matter and mark the
docket accordingly.
GRENEN & BIRSIC, P.C.
BY: G _
rian B. Dutton, Esquire
Attorneys for Plaintiff
Sworn to and subscribed before me
this day of 2012.
QL 'N?
Notary Public
COMM( yyF
ALTH OF KNNSYIVANIA
Notmial Seal
paMCia A. Townsend, Notary public
oty of Wttsburgh, Allegheny County
MEMBER, Commission Expl, tune 2, 2nty
PENNSYEVgNLA U7ION OF NOTARdES