HomeMy WebLinkAbout09-5949IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D.,
Plaintiff,
vs.
LEE C. HALL and
M. HOPE HALL,
Defendants.
CIVIL DIVISION
NO.. (q - sgyq
C?AvI Ter r.,
TYPE OF PLEADING
CIVIL ACTION-COMPLAINT
IN MORTGAGE FORECLOSURE
TO DEFENDANTS
You are hereby notified to plead to the ENCLOSED
COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF
ATTORNEY -FOR LAINTIFF
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
205 West 4`h Street
Suite 500
Cincinnati, OH 45202
AND THE DEFENDANTS IS:
Lee C. Hope
175 Fisher Road
Etters, PA 17319
M. Hope Hall
4613 N. Clearview
Camp Hill, PA 17011
AORNEYOR PLAINTIFF
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
355 St. Johns Dr. Hampden Township
(CITY, BORO, TOWNSHIP,WARD)
EY P AINTIFF
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,
vs.
LEE C. HALL and
M. HOPE HALL,
Defendants.
NO..
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or Toll Free (800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
vs.
NO..
LEE C. HALL and
M. HOPE HALL,
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:
The Plaintiff is U.S. Bank N.A., N.D., which has its principal place of business at
205 West 4t' Street, Suite 500, Cincinnati, Ohio 45202 and is authorized to do business in the
Commonwealth of Pennsylvania.
2. The Defendants, Lee C. Hall and M. Hope Hall, are individuals whose last known
addresses are 175 Fisher Road, Etters, Pennsylvania 17319 and 4613 N. Clearview, Camp Hill,
Pennsylvania 17011, respectively.
3. On or about February 18, 2005, Defendants executed a Note in favor of
Wilmington Finance, a division of AIG Federal Savings Bank in the original principal amount of
$262,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and
made a part hereof.
4. On or about February 18, 2005, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as
Nominee for Wilmington Finance, a division of AIG Federal Savings Bank a Mortgage in the
original principal amount of $262,000.00 on the premises hereinafter described, said Mortgage
being recorded in the Office of the Recorder of Deeds of Cumberland County on March 1, 2005
in Mortgage Book Volume 1898, Page 3019. A true and correct copy of said Mortgage,
containing a description of the premises subject to the Mortgage ("Mortgaged Premises"), is
marked Exhibit "B", attached hereto and made a part hereof.
5. On or about November 21, 2005, Mortgage Electronic Registration Systems, Inc.,
as Nominee for Wilmington Finance, a division of AIG Federal Savings Bank 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 Mortgage Book Volume 722, Page 3190.
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 September 1, 2008 payment.
8. On or about January 22, 2009, 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 $250,020.66
Interest to 8/19/09 $ 16,396.91
Late Charges to 8/19/09 $ 806.60
Escrow Deficiency $ 869.87
Corporate Advances $ 95.00
Attorney's fees $ 1,300.00
Title Search, Foreclosure and
Execution Costs $ 2500.00
TOTAL $271,989.04
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $271,989.04 with interest thereon at the rate of $42.81 per diem from August 19, 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:
Brian 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"
SEE"PREPAYMENT RIDER TO NOTE' ATTACHED HERETO AND MADEA PART HEREOF.
NOTE
FEBRUARY 18, 2005 CAMP HILL
[Date( (City]
355 SAINT JOHNS DRIVE, CAMP HILL, PA 17011
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 262,000.00
plus interest, to the order of the Lender. The Lender is
Wilmington Finance, a division of AIG Federal Savings Bank
•
LOAN NO.: A05020362
PENNSYLVANIA
[State?
(this amount is called "Principal"),
I will make all payments under this Note in the form of cash, check or money order.
I 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. I will pay Interest at a yearly
rate of 6.250 %.
The interest rate required by this Section 2 is the rate I 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 making a payment every month.
I will make my monthly payment on the 1 at day of each month beginning on APRIL, 2005 I will
make these payments every month until I have paid all of the principal and Interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest
before Principal. If, on MARCH 01, 2035 , I 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 Wilmington Finance, a division of AIG Federal Savings Bank
PO Box 209, Plymouth Meeting, PA 19482 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. $ 1,613-18
4. BORROWER'S RIGHT TO PREPAY
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. I 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 tht amount of Principal that I 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 I 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.
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mas/Freddle Mac UNIFORM INSTRUMENT
Initials:
Form 3200 1/01
'All
VMF 5N (0200 Page 1 of 3 LENDER SUPPORT SYSTEMS, INC. 5N.NEW (04/03)
• •
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 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. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and 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 Note Holder will still have the right to do so if I am in default at a 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 costs 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 I give the Note
Holder a 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
I 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.
Inltlala: 7 )z
VMP-5N (0200 Page 2 or 3 Form 3200 1/01
•
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 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 withouC further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
r,t4ow C' W (Seal)
M. HOPE HALL -Borrower
- (Seal)
-Borrower
- (Seal)
-Borrower
- (Seal)
-Borrower
LEE C. HALL
- (Seal)
-Borrower
- (Seal)
-Borrower
- (Seal)
-Borrower
- (Seal)
-Borrower
VMP-5N (o2o7) Page 3 of 3 Form 3200 1101
0
0
LOAN NO.: A05020362
PREPAYMENT RIDER TO NOTE
The Note dated FEBRUARY 18, 2005 between
Wilmington Finance, a division of AIG Federal Savings Bank
M. HOPE HALL AND LEE C. HALL
is hereby amended as follows:
(Lender) and
(Borrower or I)
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 PAYMENTS BEFORE THEY
ARE DUE" are amended to read as follows:
Subject to the Prepayment Penalty provided below, 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." A "Full
Prepayment is the prepayment of the entire unpaid Principal due under the Note. A payment 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.
If, within the 80 month period beginning with the date I execute the Note (the "Penalty
Period"), I make a Full Prepayment, or Partial Prepayment in any twelve (12)-month period that
exceeds 10% of the original Principal loan amount, I will pay a Prepayment charge as consideration
for the Note Holder'a acceptance of such Prepayment. The Prepayment charge will equal 5.000 %
of the then Principal balance of the Note. No Prepayment charge will be assessed for any
Prepayment occurring after the Penalty Period.
This Rider will remain in full force and effect unless the Note is transferred by Lender and the
Borrower is notified in writing by the new Note Holder that such 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.
-A140,/4
(Seal)
,?A 4??
M. HOPE HALL -Borrower LEE C. HALL
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
Lender Support Systems, Inc. FMCAAM.RDR (02/04)
0 •
EXHIBIT `6B"
0
O?\
Prepared By:
Wilmington Finance, div. of AIG FSB
401 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462
877-963-4968
Parcel Number:
10-20-1846-178
LOAN NO.: A05020362
DEFINITIONS
MORTGAGE
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
together with all Riders to this document.
(B) "Borrower" is
LEE C. HALL AND M. HOPE HALL
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is .
Wilmington Finance, a division of AIG Federal Savings Bank
Lender is a FEDERAL SAVINGS BANK
organized and existing under the laws of UNITED STATES OF AMERICA
FEBRUARY 18, 2005 ,
IMUw: V0-
"'v 01
PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01
VMP-6(PA) Iowa) Page 1 of 16 LENDER SUPPORT SYSTEMS, INC. 60PA.NEW (10/02)
Return To:
Wilmington Finance, a division of AIG Federal
Savings Bank
401 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462
[Space Above This Line For Recording Data]
i •
Lender's address is
401 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated FEBRUARY 18, 2005
The Note states that Borrower owes Lender
TWO HUNDRED SIXTY TWO THOUSAND AND NO/100 X X X X X X X X X X X X X X X X
Dollars
(U.S. $ 262,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than MARCH 01, 2035
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property. "
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(0) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
Q Adjustable Rate Rider Q Condominium Rider Q 1-4 Family Rider
Graduated Payment Rider Planned Unit Development Rider Q Biweekly Payment Rider
Q Balloon Rider Rate Improvement Rider Second Home Rider
Other(s) [specify]
(H) "Applicablel 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.
(I) "Community 'Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that areimposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(J) "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 accdunt. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (1)
damage to, or destruction of, the Property; (11) 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.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
VMP-6(PA) (ooos) Page 2 or 16 Form 3039 1/01
0 0
(I) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described property located in the COUNTY
[Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction]:
SEE COMPLETE LEGAL DESCRIPTION DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A
PART HEREOF
which currently has the address of
CAMP HILL
("Property Address"):
355 SAINT JOHNS DRIVE
[City] , Pennsylvania
[Street]
17011 [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."
IPAW&i
VMP-6(PA) (ooofi) Page 3 of 16 Forth 3039 1/01
EXHIBIT "A"
ALL THOSE TWO (2) CERTAIN tracts or parcels of land situate in
Hampden Township, Cumberland County, Pennsylvania, bounded and described
as follows, to wit:
TRACT NO. 1: BEGINNING at a point on the eastern side of St. John's
Drive (formerly Point Ridge Drive) which point is at the dividing line between
property herein conveyed and property now or late of Wood Realty Company;
thence along the easterly side of St. John's Drive, North 00 degrees 45 minutes
East, 63.25 feet to a point; thence continuing along the easterly side of St. John's
Drive by an arc of a circle curving to the left having a radius of 397.85 feet, the arc
distance of 109.13 feet to a point; thence North 66 degrees 44 minutes East,
204.99 feet to a point; thence South 11 degrees 02 minutes East, 108 feet to a
point, the property, now or late of Wood Realty Company; thence along property
now or late df Wood Realty Company, South 52 degrees 24 minutes West, 243.46
feet to a point at the easterly side of St. John's Drive, the place of BEGINNING.
TRACT NO. 2: BEGINNING at a point at the southeasterly corner of
other lands now or formerly of Warren G. Watts and Myrtle K. Watts, his wife,
which point is 243.46 feet, northeastwardly from St. John's Drive (formerly Point
Ridge Drive) as measured along the southerly line of other lands now or formerly
of Warren G: Watts and Myrtle K. Watts, his wife; thence along the eastern line of
other lands now or formerly of Warren G. Watts and Myrtle K. Watts, his wife,
North 11 degrees 02 minutes West, 108 feet to a point; thence North 66 degrees 44
minutes East; 25.01 feet to a point at line of lands, now or late of Barbara W.
Rogers; thence along the line now or formerly of Barbara W. Rogers, South 18
degrees 53 minutes East, 95.44 feet to a point; thence South 52 degrees 24 minutes
West, 41.92 feet to a point, the place of BEGINNING.
HAVING THEREON ERECTED a dwelling house known and numbered
as 355 St. John's Drive, Camp Hill, Pennsylvania.
BEING THE SAME PREMISES which Christopher T. Kelley, a single
person, and Audrey L. Kelley, now known as Audrey L. Englehart, a single
person, by Deed dated June 20, 2002 and recorded June 25, 2002 in the Office of
the Recorder -of Deeds in and for Cumberland County, Pennsylvania, in Book 252,
Page 1649, granted and conveyed unto Lee C. Hall and . Hop all, his wife.
Lee C. Hall
C'yVl??-/r-
M. Hope Hall
• •
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow 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) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as 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 thg principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. It 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
mn)w AEA
VMP-6(PA) coooe) Page 4 of 16 Form 3039 1/01
• 0
paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance 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 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shallibe 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 falls 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
awc
VMP 6(PA) (ooos) In rage 5 of 16 Form 3039 1101
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.
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 are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. 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 psed by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, 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.
InRltlc
VMP-6 (PA) loooa) a.9. 6 of 16
Form 3039 1/01
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 policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying Insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided 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. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds 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.
mnw.•
ML? a
VMP-6(PA) (oooa) Page 7 of 16 Form 3039 1/01
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
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
attorneys' fees to,protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the 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.
Innly / ""
VMP-6(PA) (oooe) Page a of 16 Form 3039 1/01
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
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-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage
Insurance.
Mortgage in evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
are on terms and .conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these 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,
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.
VMP-6(PA) (oooa) Inftirw A4
a.ea 9 or 16 Form 3039 1/01
(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.
11. Assignment of 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 value 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 Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property 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
(J(.d
initial v/
VMP-6(PA) (oooe) Page 10 or 16 Form 3039 1/01
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-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this
Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in 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 a rees 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
VMP 6(PA) (oooe) inniala 6
Pegs 11 or 16 Form 3039 1/01
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address
unless Borrower 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; Severability; 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
InltWe: /'C(?'
VMP-6(PA) (oooe) Page 12 or 16 Forth 3039 1/01 !!
agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's Interest in the Property and rights under this Security Instrument; and (d)
takes such action as Lender may reasonably require to 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 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 party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the 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" are 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.
InitWs P??/?
VMP-6(PA) (oooa) Page 13 of 16 Form 3039 1/01
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 remediation
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender 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, aniong 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 collect all expenses incurred in pursuing the remedies provided in this Section 22,
including, but riot 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.
inltWe J?
1
VMP-6(PA) (ooos) Page 14 of 16 FOrM 3039 1/01
• •
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.
Witnesse .
-Witness
-Witness
A_44vA) Seal 4 a/? (Seal)
LL -Borrower LEE C. HALL -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
VMP-6(PA) tooos) Page 15 of 16 Form 3039 1/01
Certificate of Residence
I, Y ?? l ??? do hereby certify thal
the correct a dress of the withn-nam ortgagee is
401 Plymouth Road, Suite 400, Plymo h Meeting, PA 19462
Witness my hand this ? C? ay of
Agent of Mortgagee
COMMONWEALTH OF P SYLV * A,
On this, the day of ro
undersigned officer, personally aft eared
<r
M. HOPE HALL AND LEE C. H . LL
satisfactorily prov
acknowledged that
IN WITNE
My Commission
County ss:
, before me, the
.e'
,cv known to me (or
n)/(o be the person(s) who a name(s) is/are subscribed to the within instrument and
/she/they executed the same for the purposes herein contained.
WHEREOF, I hereudto set my hand and official seal.
nires?
Notarial Seal '
Dwell C. D *tWs, Notary Publcf$
ft now Twp.. Grnberwnd Cot*
W CWvkgion,Eg*w Aug. 5,40
Mernbsr, Pennsylvanls Association OfNotaries
N6-?(-q P'uc-Q-
Title of Officer
VMP 6 PA ioooel . innw.. 9W
Page 16 of 16 Form 3039 1/01
VERIFICATION
Sandra Elder, Foreclosure Supervisor, and duly authorized representative of U.S. Bank
N.A., N.D., deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn
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., N.D.
Q
CF THE' ly
L: u; r'.l l7 :i? 1"! . L: : "J
-*qs.5o po AT'N
c?? !ao 530
ay0000
Sheriffs Office of Cumberland County _ n
R Thomas Kline ?r T 1
Sheriff
}1ti? 111 41kalh Gptt,
Ronny R Anderson 2J '9 v w I "9 Pi`1 3: 3 b
Chief Deputy
`
Jody S Smith G`
Civil Process Sergeant Os€ CT ?)f F
Edward L Schorpp
Solicitor
US Bank NA
Case Number
vs. 2009-5949
Lee C. Hall
SHERIFF'S RETURN OF SERVICE
09/01/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: Lee C. Hall, but was unable to locate him in his bailiwick.
He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage
Foreclosure according to law.
09/25/2009 01:00 PM - York County Return: And now September 25, 2009 at 1300 hours I, Richard P. Keuerleber,
Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lee C. Hall by making
known unto Amy Hall, wife of defendant at 102 N. Rockburn Street Suite 2 York, PA 17402 its contents
and at the same time handing to her personally the said true and correct copy of the same.
10/05/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: M. Hope Hall, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant M. Hope Hall. The Camp Hill Postmaster has advised the defendant has forwarded her mail to
4613 N. Clearview Drive Camp Hill, PA 17011.
SHERIFF COST: $65.50
October 05, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
vs.
LEE C. HALL and
M. HOPE HALL,
Defendants.
NO.: 09-5949 Civil Term
TYPE OF PLEADING
Praecipe to Reinstate Civil Action -
Complaint in Mortgage Foreclosure
FILED ON BEHALF OF PLAINTIFF:
U.S. Bank N.A., N.D.
COUNSEL OF RECORD FOR THIS
PARTY:
Brian B. Dutton, Esquire
Pa. I.D. #81953
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
. , Y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
vs.
LEE C. HALL and
M. HOPE HALL,
NO.: 09-5949 Civil Term
PRAECIPE TO REINSTATE CIVIL ACTION -
COMPLAINT IN MORTGAGE FORECLOSURE
TO: PROTHONOTARY
SIR:
Defendants.
Kindly reinstate the Civil Action - Complaint in Mortgage Foreclosure with respect to the
above-referenced matter and mark the docket accordingly.
GRENEN & BIRSIC, P.C.
el, 7;?
r
BY: °f ?'??
rian B. Dutton, squire
Attorneys for Plaintiff
Q
T FE r?C',?. ?p
nF t FE P ^ n- ? !r`:^ !? t1RY
2069 OCT 30 PH 1: 30
C'u?.
4 lo. oo PO ATT'`f
c t,* I at (o.t 7
kT*- -MA -73
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
6,+tr l?f ?aauabrr??16
OFFICE ?T-E$"ERIFF
FILED-OFFICE
OF THE
PPT bT
2004 NOY 19 PM 12: 58
cuma&# t i ? ;j 1rVTY
Pt'' K'' YLVAN[
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
US Bank NA
vs.
Lee C. Hall
SHERIFF'S RETURN OF SERVICE
Case Number
2009-5949
09/01/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: Lee C. Hall, but was unable to locate him in his bailiwick.
He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage
Foreclosure according to law.
09/25/2009 01:00 PM - York County Return: And now September 25, 2009 at 1300 hours I, Richard P. Keuerleber,
Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lee C. Hall by making
known unto Amy Hall, wife of defendant at 102 N. Rockburn Street Suite 2 York, PA 17402 its contents
and at the same time handing to her personally the said true and correct copy of the same.
11/09/2009 04:35 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
November 9, 2009 at 1635 hours, she served a true copy of the within Complaint in Mortgage
Foreclosure, upon the within named defendant, to wit: M. Hope Hall, by making known unto herself
personally, at 4613 N. Clearview Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at
the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $65.50 SO ANSWERS,
?? -/&?
November 10, 2009 R THOMAS KLINE, SHERIFF
;??l 2 - --- ---
Deputy Sheriff
;Ci CountySuite Sheriff, Teleosoff. Inc.
R
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 09-5949 Civil Term ~ ~ ~_
vs. :~-~
~,;~
c~
-r
LEE C. HALL and
TYPE OF PLEADING ~~
`~~
~: ,;~
r
~
~
M. HOPE HALL, ,
~ ~ ; : . ~
;
r _ ,
Pa. R.C.P. RULE 3129.2(c)(2~ ,~~ ~ r>
Defendants. ,
PURSUANT TO RULE 3129
E ~
'~-' .
.
LIENHOLDER AFFIDAVIT O~ ~ °~~
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: 9/8/10
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 09-5949 Civil Term
vs.
LEE C. HALL and
M. HOPE HALL,
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 Plaintiff s
Affidavit Pursuant to Rule 3129.1 as follows:
1. By letters dated May 14, 2010, 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.
r"
BY:
Brian B. Dutton, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
THIS~~ DAY OF ~- ~ , 2010.
~1 l ~~~~
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Natariai Beal
PaMcia f; ~ ownserxf. Notary Public
City of Pittsburgh, Allegheny County
My Commission Ex ices .tune 2, 20t 1
Member, Pennsylvania Association of Notaries
EXHIBIT "A"
N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 09-5949 Civil Term
vs.
LEE C. HALL and
M. HOPE HALL,
Defendants.
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 Lee
C. Hall and M. Hope Hall located at 355 St John's Drive, Camp Hill, Pennsylvania 17011 and is
more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF LEE C. HALL AND M.
HOPE HALL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF
PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND
NUMBERED AS 355 ST. JOHN'S DRIVE, CAMP HILL, PA 17011. DEED BOOK VOLUME
252, PAGE 1649, AND PARCEL NUMBER 10-20-1846-176.
1. The name and address of the owners or reputed owners:
Lee C. Hall 102 N. Rockburn Street, Suite 2
York, PA 17402
M. Hope Hall 4613 N. Clearview
Camp Hill, PA 17011
2. The name and address of the defendants in the judgment: '
Lee C. Hall 102 N. Rockburn Street, Suite 2
York, PA 17402
M. Hope Hall 4613 N. Clearview
Camp Hill, PA 17011
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.
Mortgage Electronic Registration
Systems, Inc.
PLAINTIFF
P.O. Box 2026
Flint, MI 48501
E-Loan, Inc.
6230 Stoneridge Mall Road
Pleasanton, CA 94588
5. The name and address of every other person who has any record lien on the property:
Cumberland Domestic Relations
P.O. Box 320
Cazlisle, 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 maybe affected by the sale:
None
• a
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
355 St John's Drive
Camp Hill, PA 17011
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.
j ~.
an B. Dutton, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this -~- day of .2010.
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,
NO.: 09-5949 Civil Term
vs. n
n
~~~
LEE C. HALL and ~~ ~~~ ~'
--, ,. ~-~
~= =
t-;;r,
M. HOPE HALL -'~
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, TYPE OF PLEADING - '
Defendants. : ~ -~
Pa. R.C.P. RULE 3129.2(c) , -: ~,
AFFIDAVIT OF SERVICE '~ ~=:, ~, _
` ~'
DEFENDANTS/OWNERS ;~,; r.~ _
's~
-~
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: 9/8/10
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 09-5949 Civil Term
vs.
LEE C. HALL and
M. HOPE HALL,
Defendants.
Pa. R.C.P. RULE 3129.2(c~ AFFIDAVIT OF SERVICE
DEFENDANTS/OWNERS
Brian B. Dutton, Esquire, Attorney for Plaintiff, U.S. Bank N.A., N.D., being duly sworn
according to law deposes and makes the following Affidavit regarding service of Plaintiff s
notice of the sale of real property in this matter on September 8, 2010 as follows:
1. Lee C. Hall and M. Hope Hall are the owners of the real property and have not
entered an appearance of record.
2. By letter dated May 14, 2010, the undersigned counsel served Defendant, Lee C.
Hall, with a true and correct copy of Plaintiffs notice of the sale of real property by certified
mail, restricted delivery, return receipt requested, addressed to 102 N. Rockburn Street, Suite 2,
York, Pennsylvania 17402. On or about May 29, 2010, the signed certified mail receipt was
returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriff's Sale. A
true and correct copy of the returned certified mail receipt, is marked Exhibit "A", attached
hereto and made a part hereof.
3. By letter dated May 14, 2010, the undersigned counsel served Defendant, M.
Hope Hall, with a true and correct copy of Plaintiffs notice of the sale of real property by
certified mail, restricted delivery, return receipt requested, addressed to 4613 N. Clearview Camp
Hill, Pennsylvania 17011. On or about May 17, 2010, the signed certified mail receipt was
returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriffs Sale. A
true and correct copy of the returned certified mail receipt, is marked Exhibit "B", attached
hereto and made a part hereof.
I verify that the facts contained in this Affidavit are true and correct based upon my
personal knowledge, information, and belief.
GRENEN & BIRSIC, P.C.
BY:
B. Dutton, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
THIS DAY OF ~. u , 2010.
Notary Public
COMMONWEALTH OF_ PENNSYLVANIA
Notarial Seal __
Patrida A 7r~wnseno Notary Public
CHy of Pittaburgfs, Hllegheny County
My Commission Expires June 2, tot t
Member, Pennsylvania Aseodatlon of Notaries
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R ,Anderson
T
Sheriff
Jody S Smith
Chief Deputy
sR; 4?
Richard W Stewart ,A
Solicitor F i
US Bank NA Case Number
vs.
Lee C. Hall (et al.) 2009 x949
SHERIFF'S RETURN OF SERVICE
05/13/2010 Ronny R. Anderson ;Sheriff who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Lee C. Hall, but was unable to locate him in his bailiwick
He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ,
Notice of Sale and Description according to law.
06/26/2010 10:18 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
6-26-2010 at 1025 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Lee C. & M. Hope Hall , located at, 355 Sain
Johns Drive,';Camp Hill, Cumberland County, Pennsylvania according to law.
06/26/2010 10`28 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
6-26-2010 at 1025 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in
the above entitled action, upon the within named defendant, to wit: M. Hope Hall, by making known unto,
M. Hope Hall, personally, at, 4613 N. Clearview, Camp Hill, Cumberland County, Pennsylvania its
contents and, at the sametime handing to her personally the said true and correct copy of the same.
08/11/20,10 York 'County Return and now the, 22nd day of July, 2010, served the within Real Estate Writ, Notice of
Sale and Description upon.Lee'C. Hall, the defendant, by making known unto Lee C. Hall, personally, at
102 N. Rockburn Street, #-2, York Pennsylvania its contents and at the same time handing to him a true
and correct copy of the same. So Answers: Jacob Nelson, Deputy Sheriff of York County, Pennsylvania
09/0"9/20"10 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after!due and legal notice
had been given according to law, he exposed the within described premises at public venue or outcry at
the Courthouse, Carlisle, Cumberland County, Pennsylvania on 9/8/10 at 10:00 o'clock A.M. He sold the
same for the sum of $1.00'': to Attorney Brian Dutton on behalf, of US Bank, NA, ND, of, 205 West 4th
Street, Suite500, Cincinnati, OH 45202, being the buyer in this execution, paid to Sheriff Ronny R.
Anderson, the sum of $
SHERIFF COST: $1,189.77 SO ANSWERS,
j
November 08, 2010 RONW R ANDERSON, SHERIFF
,c Gcu-`Suitc Sri, f, Te-croft. Ire.
-r
N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 09-5949 Civil Term
VS.
LEE C. HALL and
M. HOPE HALL,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND )
U.S. Bunk 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 Lee
C. Hall and M. Hope Hall located at 355 St John's Drive, Camp Hill, Pennsylvania 17011 and is
more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF LEE C. HALL AND M.
HOPE HALL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF
PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND
NUMBERED AS 355 ST. JOHN'S DRIVE, CAMP HILL, PA 17011. DEED BOOK VOLUME
252, PAGE 1649, AND PARCEL NUMBER 10-20-1846-176.
1. The name and address of the owners or reputed owners:
Lee C. Hall 102 N. Rockburn Street, Suite 2
York, PA 17402
M. Hope Hall 4613 N. Clearview
Camp Hill, PA 17011
s "
2. The name and address of the defendants in the judgment:
Lee C. Hall 102 N. Rockburn Street, Suite 2
York, PA 17402
M. Hope Hall 4613 N. Clearview
Camp Hill, PA 17011
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
Mortgage Electronic Registration
Systems, Inc.
E-Loan, Inc.
P.O. Box 2026
Flint, MI 48501
6230 Stoneridge Mall Road
Pleasanton, CA 94588
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
355 St John's Drive
Camp Hill, PA 17011
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.
an B. Dutton, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this day of _ )2010.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seat
Patricia A. Townsend, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires June 2, 2011
Member, Pennsylvania Association of Notailes
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
VS.
LEE C. HALL and
M. HOPE HALL,
NO.: 09-5949 Civil Term
Defendants.
LONG FORM DESCRIPTION
ALL THOSE TWO (2) CERTAIN tracts or parcels of land situate in Hampden
Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:
TRACT NO. 1: BEGINNING at a point on the eastern side of St. John's Drive (formerly
Point Ridge Drive) which point is at the dividing line between property herein conveyed and
property now or late of Wood Realty Company; thence along the easterly side of St. John's
Drive, North 00 degrees 45 minutes East, 63.25 feet to a point; thence continuing along the
easterly side of St. John's Drive by an arc of a circle curving to the left having a. radius of 397.85
feet, the arc distance of 109.13 feet to a point; thence North 66 degrees 44 minutes East, 204.99
feet to a point; thence South 11 degrees 02 minutes East, 108 feet to a point, the property, now or
late of Wood Realty Company; thence along property now or late of Wood Realty Company,
South 52 degrees 24 minutes West, 243.46 feet to a point at the easterly side of St. John's Drive,
the place of BEGINNING.
TRACT NO. 2: BEGINNING at a point at the southeasterly corner of other lands now or
formerly of Warren G. Watts and Myrtle K. Watts, his wife, which point is 243.46 feet,
northeastwardly from St. John's Drive (formerly Point Ridge Drive) as measured along the
southerly line of other lands now or formerly of Warren G. Watts and Myrtle K. Watts, his wife;
thence along the eastern line of other lands now or formerly of Warren G. Watts and Myrtle K.
Watts, his wife, North 11 degrees 02 minutes West, 108 feet to a point; thence North 66 degrees
44 minutes East, 25.01 feet to a point at line of lands, now or late of Barbara W. Rogers; thence
along the line' now or formerly of Barbara W. Rogers, South' 18 degrees 53 minutes East, 95.44
feet to a point; thence South 52 degrees 24 minutes West, 41.92 feet to a point, the place of
BEGINNING.
HAVING THEREON ERECTED a dwelling house known and numbered as 355 St.
John's Drive, Camp Hill, Pennsylvania.
BEING THE SAME PREMISES which Christopher T. Kelley, a single person, and
Audrey L. Kelley, now known as Audrey L. Englehart, a single person, by Deed dated June 20,
2002 and recorded June 25, 2002 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book Volume 252, Page 1649, granted and conveyed unto Lee C.
Hall and M. Hope Hall, his wife.
GRENEN & BIRSIC, P.C.
4XA7C-----
By:
Br,4? B. Dutton, Esquire
Attorneys 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,
NO.: 09-5949 Civil Term
vs.
LEE C. HALL and.
M. HOPE HALL,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Lee C. Hall
102 N. Rockburn Street, Suite 2
York, PA 17402
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, PA17013
on September 8, 2010 at 10:00 A.M., the following described real estate, of which Lee C. Hall
and M. Hope Hall are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF LEE C. HALL AND M.
HOPE HALL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF,
PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND
NUMBERED AS 355 ST. JOHN'S DRIVE, CAMP HILL, PA 17011. DEED BOOK VOLUME
252, PAGE 1649, AND PARCEL NUMBER 10-20-1846-176.
I
The said Writ of Execution has been issued on a judgment in the mortg_a eg_ foreclosure
action of
U.S. Bank N.A., N.D.,
Plaintiff,
vs.
Lee C. Hall and M. Hope Hall,
Defendants,
at Execution Number 09-5949 Civil Term in the amount of $296,129.38.
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.
Y: _
Tian B. Dutton, Esquire
Attorney for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
W
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 09-5949 Civil Term
vs.
LEE C. HALL and
M. HOPE HALL,
Defendants.
LONG FORM DESCRIPTION
ALL THOSE TWO (2) CERTAIN tracts or parcels of land situate in Hampden
Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:
TRACT NO. 1: BEGINNING at a point on the eastern side of St. John's Drive (formerly
Point Ridge Drive) which point is at the dividing line between property herein conveyed and
property now or late of Wood Realty Company; thence along the easterly side of St. John's
Drive, North 00 degrees 45 minutes East, 63.25 feet to a point; thence continuing along the
easterly side of St. John's Drive by an arc of a circle curving to the left having a radius of 397.85
feet, the arc distance of 109.13 feet to a point; thence North 66 degrees 44 minutes East, 204.99
feet to a point; thence South 1 I degrees 02 minutes East, 108 feet to a point, the property, now or
late of Wood` Realty Company; thence along property now or late of Wood Realty Company,
South 52 degrees 24 minutes West, 243.46 feet to a point at the easterly side of St. John's Drive,
the place of BEGINNING.
TRACT NO. 2: BEGINNING at a point at the southeasterly corner of other lands now or
formerly of Warren G. Watts and Myrtle K. Watts, his wife, which point is 243.46 feet,
northeastwardly from St. John's Drive (formerly Point Ridge Drive) as measured along the
southerly line of other lands now or formerly of Warren G. Watts and Myrtle K. Watts, his wife;
thence along the eastern line of other lands now or formerly of Warren G. Watts and Myrtle K.
Watts, his wife, North 11 degrees 02 minutes West, 108 feet to a point; thence North 66 degrees
44 minutes East, 25.01 feet to a point at line of lands, now or late of Barbara W. Rogers; thence
along the line now or formerly of Barbara W. Rogers, South 18 degrees 53 minutes East, 95.44
feet to a ,point; thence South 52 degrees 24 minutes West, 41.92 feet to a point, the place of
BEGINNING.
HAVING THEREON ERECTED a dwelling house known and numbered as 355 St.
John's Drive, Camp Hill, Pennsylvania.
BEING THE SAME PREMISES which Christopher T. Kelley, a single person, and
Audrey L. Kelley, now known as Audrey L. Englehart, a single person, by Deed dated June 20,
2002 and recorded June 25, 2002 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book Volume 252, Page 1649, granted and conveyed unto Lee C.
Hall and M. Hope Hall, his wife.
GRENEN & BIRSIC, P.C.
By:
B ' B. Dutton, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth. Floor
Pittsburgh, PA 15222
(412) 281-7650
z,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
U.S. BANK N.A., N.D., CIVIL DIVISION
Plaintiff,
NO.: 09-5949 Civil Term
vs.
LEE C. HALL and
M. HOPE HALL,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: M. Hope Hall
4613 N. Clearview
Camp Hill, PA 17011
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 8, 2010 at 10:00 A.M., the following described real estate, of which Lee C. Fall
and M. Hope Hall are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF LEE C. HALL AND M.
HOPE HALL OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF
PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND
NUMBERED AS 355 ST. JOHN'S DRIVE, CAMP HILL, PA 17011. DEED BOOK VOLUME
252, PAGE 1649, AND PARCEL NUMBER 10-20-1846-176.
i
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of
U.S. Bank N.A., N.D.,
Plaintiff,
vs.
Lee C. Hall and M. Hope Hall,
Defendants,
at Execution Number 09-5949 Civil Term in the amount of $296,129.38.
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:
_
rian 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,
NO.: 09-5949 Civil Term
VS.
LEE C. HALL and
M. HOPE HALL,
Defendants.
LONG FORM DESCRIPTION
ALL THOSE TWO (2) CERTAIN tracts or parcels of land situate in Hampden
Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:
TRACT NO. 1: BEGINNING at a point on the eastern side of St. John's Drive (formerly
Point Ridge Drive) which point is at the dividing line between property herein conveyed and
property now or late of Wood Realty Company; thence along the easterly side of St. John's
Drive, North 00 degrees 45 minutes East, 63.25 feet to a point; thence continuing along the
easterly side of St. John's Drive by an are of a circle curving to the left having a radius of 397.85
feet, the are distance of 104.13 feet to a point; thence North 66 degrees 44 minutes East, 204.99
feet to a point; thence South 11 degrees 02 minutes East, 108 feet to a point, the property, now or
late of Wood Realty Company; thence along property now or late of Wood Realty Company,
South 52 degrees 24 minutes West, 243.46 feet to a point at the easterly side' of St. John's Drive,
the place of BEGINNING.
TRACT NO. 2: BEGINNING at a point at the southeasterly corner of other lands now or
formerly of Warren G. Watts and Myrtle K. Watts, his wife, which point is 243.46 feet,
northeastwardly from St. John's Drive (formerly Point Ridge Drive) as measured along the
southerly line of other lands now or formerly of Warren G. Watts and Myrtle K. Watts, his wife;
thence along the eastern line of other lands now or formerly of Warren G. Watts and Myrtle K.
Watts, his wife, North 11 degrees 02 minutes West, 108 feet to a point; thence North 66 degrees
44 minutes East, 25.01 feet to a point at line of lands, now or late of Barbara W. Rogers; thence
along the line now or formerly of Barbara W. Rogers, South 18 degrees 53 minutes East, 95.44
feet to a point; thence South 52 degrees 24 minutes West, 41.92 feet to a point, the plane of
BEGINNING.
HAVING THEREON ERECTED a dwelling house known and numbered as 355 St.
John's Drive, Camp Hill, Pennsylvania.
BEING THE SAME PREMISES which Christopher T. Kelley, a single person, and
Audrey L. Kelley, now known as Audrey L. Englehart, a single person, by Deed dated June 20,
2002 and recorded June 25, 2002 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book Volume 252, Page 1649, granted and conveyed unto Lee C.
Hall and M. Hope Hall, his wife.
GRENEN & BIRSIC, P.C.
By:
B ` 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) NO 09-5949 Civil
COUNTY OF CUMBERLAND) 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 LEE C. HALL and M. HOPE HALL
(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 $284,081.60 L.L.$.50
Interest from 4/1/10 -- $12,047.78
Atty's Comm: % Due Prothy $2.00
Atty Paid $260.00 Other Costs
Plaintiff Paid
Date`. 5110110
David D. Buell, Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: BRIAN B. DUTTON, ESQUIRE
Address: GRENEN & BIRSIC, PC
ONE GATEWAY CENTER
NINTH FLOOR
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-7650
Supreme Court ID No. 81953
P
On June 14, 20 10 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA,
Known and `numbered as, 355 St. Johns Drive,
Camp Hill, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: June 14, 2010
By.
Real Estate Coordinator
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal; a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 16 ; July 23, and July 30, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
sa Marie Coyne, itor
SWORN TO AND SUBSCRIBED before me this
30 day of July, 2010
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 201+1
US Bank NA as Trustee for
the Registered Holders of
MASTIC Asset Backed Securities,
Trust 2005-WMCl, Mortgage
Pass-Through Certificates
VS.
Lee C. Hall
M. Hope Hall
Atra.: Brian B. Dutton
ALL THOSE TWO (2) CERTAIN
tracts or ca eels of land situ ate in
-lan-ipden Tc-,;%-n ship, Cumb°rland
County, Pennrsylearia, boan-ded and
described as f News, to wit:
TRACT NO. 1: BEGTidNIM3 at a .
point on the eastern side of St, John'„
Drive (fol -naeri cin.t Ridge Drive)
a ich point is tho dividing `_hic be-
,v'ceh propertyy herein conveyed and
prr,perty n.civ cr late- of ?Vcod Rcalty
Co_--npan thlz-lce along the easterly
side of S_. John's Drive, North 00
?:e sees 45 m n-ates bast- 63.25 feet
to a poirrt ;hence continuing along
the easterly side of Wit. John ;s give
,? i_ 'arc- of a circle c-irving t,f the
le; having _ .a.dius of 397.SS feet,'
the we d5tan er of W913 Peet tc
a point; ti;.; nee North GC degrees
44 minutes East 20199 feet to a
point; thence Sout:r, 11 degrees 02
rr_iriutes 1-08 feet to a poini;. the
property; rein or late of Wood Reaittr
Corp, iny; thence along pro rt,? now .
or ':ate of yrJocd Realty Cemlrany,
Soi,th 52 degrees 24 r7iinutes West,
24&46 On to a point at the easterly r
side of St_. Jc_ ,- s Drive, the _place of
t3Er w ri i
TRACT NO. 2: SEGiNT ;M?. at a
poir_t at Be southeasterly corner of
other lands nova or ;'or°nerl?; of War-
;`en and 1llyrde T:. i,.?atts,
his tiiife, which Inmt A 243.46 feet,
north°ast,r,ard`(v from St. John's
Drive (focrr_e171? Point Ridge, Drive) as
rneasured along the souther; line of
otter lands no-;r c; four-.erly of 4?7ar-
r en ('-. `+?Tatts and K, Wat-i s; his
-7iffe: thence along the easterr_? l ,e of
Oth?er7arids now o formeri.of',Var-
set- .-, 'Wa s. and Nv:tie K. F?atts, his
rr.f,. '`ar?h -'I degrees 02 nun:utes
W u.08 feet to a point; theme
No,-, _ 66 degree: .,I, minutes East,
25J i 1 Net to a point at !me of lands,
r-,o,, ;r' lg,? of Barbara W. Rogers;
'the- r along The line now or formerly
Cf L urbara \'. Rogers; South i8 de-
grees 53 :rintttec Eau 95.4 feet to
a po-,nt; tr.e ice South 52 degrees 24
rninutes :Pest, q I.92 .feet to a quint.
the place of BEGfNN .7v G.
AVl°vG 'HElrr=,OT, ERECTED a
d.=7- ' ,tb Y,Ouse L,own and numbered
, St. John's Drive, Camp Hill,
Pen iva;:ia.
;l{ NG THE SAME FREMBES
« h .r_.r;? op} Pr T .elle- glc
per- , and Audrey T. iie]ey, now
kno as Audrey L. Englehart, a
sin -oerar _,, by Deed dated ?3une
20J102 and rcco:-cled June 25;
206 i i &ie J-f_ce r e Recorder
of l -e ds- in and for Cumberland
Cat I Pei _l sy: anra, in Deed Book
Vol 252. Page 1549, granted and.
con e-,°d - - o ,ee E0 and 10,
Holm hall, bw wife.
die Patriot-News Co.
2020 Technology Pkwy
SuI6 300
Mechanicsburg„ PA 17050
Inquiries - 717-255-8213
t4f Patr1*0t'WXtW5
Now you know
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street; in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th; 1949, respectively, and
ail have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
This ad ran on the date(s) shown below:
... 4)PILW(Z(?qlo I ............
Sworn to and-su `ed before me thii06v d ;,of-August, 2010 A.D.
/t F
Notary Public
rLVA
Sherrie L. Kisner, Notary Public
Lower Paxton TwP., D uphin County
r,ly Cornmission Expire? Nods.'2f Dil
Member, Pennsjriiania Association of Notaries
07/09/10
07/16/10
07/23/10
[i:a Batik NA as Trustee ur the
registered Holders of 16MASTFd
1-35et Backed Securities, Trust
2005-WRAC-1, Mortgage Pass-
Through Certificates
Lee 1 a ilml
M. Cope Hall
Afty: Brain S. Dutton.
l""lid
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rt?p?lli 1 I ,i ?uiC;te
oI ?a i anti; 11 .'rec
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rticr of ;r, ar „nl t.ri:md
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which US Bank N A ND is the grantee the same having been sold to said grantee
on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 10th day
of May, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Terre, 09 Number
5949, at the suit of U S Bank N 5 N D against Lee C & M Hope Hall is duly recorded as Instrument
Number 201032594.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this day of
A.D. 0 1b
` U Recordef of Deeds
Recorder of Dee(k, Cw beftd County C.erli W PA
My Commission Expires the Fkst Monday of Jan. 2014