HomeMy WebLinkAbout10-3443I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
Vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
TO DEFENDANTS
You are hereby notified to plead to the ENCLOSED
COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF
ATTORNEY FOR/'PLA TIFF
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
20 South Main Street
Chambersburg, PA 17201
AND THE DEFENDANTS IS:
41 Mill Street
Mt. Holly Springs, PA 17065
V?
AT f RNEY FOR-PtANTIFF
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
41 Mill Street Borough of Mt. Holly Springs
(CITY, BORO, TOWNSHIP,WARD)
ATTORNEY FOR PLAINTIFF
NO.: It) -_3443 0_'4'j*11 ler ,
TYPE OF PLEADING
CIVIL ACTION-COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF PLAINTIFF:
Farmers and Merchants Trust Company of
Chambersburg
COUNSEL OF RECORD FOR THIS
PARTY:
Daniel J. Birsic, Esquire
Pa. I.D. # 48450
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
'Tl
Pittsburgh, PA 15222
(412) 281-7650 -?
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4Qa.oo Pp ATT4-i
Q,A' a4 aS78
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
RYAN S. BENSON and
TINA L. BENSON,
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
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
NO.:
CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE
Farmers and Merchants Trust Company of Chambersburg, by its attorneys, Grenen &
Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Farmers and Merchants Trust Company of Chambersburg, which
has a place of business at 20 South Main Street, Chambersburg, Pennsylvania 17201 and is
authorized to do business in the Commonwealth of Pennsylvania.
2. The Defendants, Ryan S. Benson and Tina L. Benson, are individuals whose last
known address is 41 Mill Street, Mt. Holly Springs, Pennsylvania 17065.
3. On or about November 23, 2005, Defendants executed a Note in favor of Plaintiff
in the original principal amount of $145,025.00. A true and correct copy of said Note is marked
Exhibit "A", attached hereto and made a part hereof.
4. On or about November 23, 2005, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $145,025.00 on the premises hereinafter described, said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on November 30, 2005 in Mortgage
Book Volume 1932, Page 2755. 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. Defendants are the record and real owners of the aforesaid Mortgaged Premises.
6. 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 October 1, 2009 payment.
7. On or about February 22, 2010, 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.
8. 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.
9. The amount due and owing Plaintiff by Defendants is as follows:
Principal $139,098.60
Interest to 4/30/10 $ 6,107.75
Late Charges to 4/30/10 $ 648.30
Escrow Deficiency to 4/30/10 $ 2,190.16
Unapplied Funds $ - 59.45
Corporate Advances $ 50.00
Attorney's fees $ 1,300.00
Title Search, Foreclosure and
Execution Costs $ 2,500.00
TOTAL $1 51,835.36
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $151,835.36 with interest thereon at the rate of $25.25 per diem from April 30, 2010, 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:
?-?
Daniel J. Birsi"c, squire
Z?'l
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
NOTE
November 23, 2005 Chambersburg Pennsylvania
[Date] [City] [state]
41 Mill Street
Mt. Holly Springs, PA 17065
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that 1 have received, I promise to pay U.S. $145,025.00 (this amount is called
"Principal'), plus interest, to the order of the Lender. The Lender is Farmers and Merchants Trust Company of
Chambersburg
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 7.0000%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section
6(13) 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 1st day of each month beginning on January 01, 2007
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 December 01, 2036 , 1 still owe amounts under this Note, I will pay those
amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at F&M Trust Company - Loan Servicing, P.O. Box 6010, Chambersburg,
PA 17201
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. $964.85
4. BORROWER'S RIGHT TO PREPAY
1 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 the 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 Mae/Freddie Mac UNIFORM INSTRUMENT
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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 Fifteen 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 5.0000%
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
1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means
the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date
as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae!Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01
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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 without further
notice or demand on Borrower.
Borrower has executed and acknowledges receipt of pages 1 through 3 of this Note.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
.
? - (Seal) ,(Seal)
Ryan S. Benson -Borrower Tina L. Benson -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
[sign Original Only]
Witnessed By:
Pay to the order of
without recourse this
By:
day of
Farmers and Merchants Trust Company
Brett R. Otto, AVP
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
ITEM 16461-3 (0312) (Page 3 of 3 pages)
Form 3200 1/01
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To Order Cell: 1-800-9665775
05-000447
CONSTRUCTION LOAN PHASE RIDER TO NQTE
THIS CONSTRUCTION LOAN PHASE RIDER is made this November 23, 2005 and iM orporated and
shall be deemed to amend and supplement the Mortgage Rate Note (the "Note") together w kt arny;fideri thereto of the
same date given by the undersigned (the "Borrower" whether there are one or more persons undjsigned') 15,1harmers
and Merchants Trust Company, its successors and assigns ("Lender"). The original principal amount of Note is
$145,025.00 , which is the amount the Lender has committed to lend the borrower (the "Loan").
CONSTRUCTION LOAN PHASE COVENANTS. Notwithstanding the covenants and agreements made in the Note,
Borrower and Lender covenant and agree as follows:
CONSTRUCTION LOAN PHASE. The time period from the date of the Note and this Rider to November 30, 2006
is hereafter referred to as the "Construction Phase". When the Construction Phase ends, the loan will convert to a
permanent loan.
OPEN-END MORTGAGE SECURES FUTURE ADVANCES. The Mortgage secures future advances made by the
Lender including, without limitation, sums advanced by the Lender under the terms of the Note and/or Construction
Loan Agreement of the same date hereof (together with any riders thereto, the ("Construction Loan Agreement") by and
among Lender, Borrower, Schaff s Home Center, Inc. (The "Contractor").
The Note, Mortgage, Construction Loan Agreement and any and all other documents evidencing or securing the Loan,
together with any and all riders, amendments or modifications thereof are hereinafter collectively referred to as the
"Construction Loan Documents".
ACCELERATION; REMEDIES. The Lender may at its sole discretion require the Borrower to make payment in full of
all principal, interest and other amounts owed to Lender under the Note and the Mortgage, or exercise any and all other
rights or remedies Lender may have under the Construction Loan Documents should either of the following occur:
(1) The Improvements as set forth in the Construction Loan Agreement are not completed by the Contractor by
the end of the Construction Phase as determined by an appraiser approved by Lender; or
(ii) Borrower is in default under the Note, Mortgage, this Rider or the Construction Loan Agreement.
PAYMENTS OF INTEREST DURING THE CONSTRUCTION PHASE. The Borrower will pay to Lender monthly
?ln payments of interest only at a yearly rate of 6"p0 % on the outstanding principal balance. The Borrower will make
these payments on the first day of each month beginning on January 1, 2006 and will make the interest
payments until the end of the Construction Phase. Commencing on the first day of the full month following the
termination of the Construction Phase, Borrower shall make payments to Lender of principal and interest as more fully
set forth in the Note. Lender will bill Borrower for that interest, which must be paid to the Lender by the due date.
i Failure by Borrower to make scheduled interest payments to Lender during the Construction Phase shall constitute an
event of default under the Construction Loan Documents.
FIXED RATE PERMANENT FINANCING. If my loan is a fixed rate with option to cap rate, my permanent interest rate
can be locked-in up to 30 days prior to 100% completion of the construction project. This rate will be no less than F &
M Trust Company's market rate at that time and no greater than the interest rate contained in the Note.
All other terms and "conditions of the Note and Mortgage are and shall remain in full force and effect, except as
modified herein. To the extent the terms of the Note and Mortgage shall conflict with the terms hereof , the terms
hereof shall control.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Construction Loan
Phase Rider. ,
-?--,?--..-
Witness y? Rya S. Benson
ACI
Witness Tina L. Benson
Witness
Witness
Pennsylvania - Construction Loan Phase Rider To Note
Revised 7/12/05
EXHIBIT "B"
In &ri3?
[Space Above This Line For Recording Data]
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections
3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided
in Section 16.
(A) "Security Instrument" means this document, which is dated November 23, 2005
together with all Riders to this document.
(B) "Borrower" is Ryan S. Benson and Tina L. Benson
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is Farmers and Merchants Trust Company of Chambersburg
Lender is a Commercial Bank organized
and existing under the laws of Commonwealth of Pennsylvania . Lender's address is
20 South Main Street, Chambersburg, PA 17201
. Lender is the mortgagee under this Security Instrument-'
(D) "Note" means the promissory note signed by Borrower and dated November 23, 2005
The Note states that Borrower owes Lender One Hundred Forty Five Thousand Twenty Five and
no/100 Dollars (U.S. $145,025.00 ) plus interest.
Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
December 01, 2036
(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.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider
? Balloon Rider ? Planned Unit Development Rider ? Other(s) [specify]
Construction
? 1-4 Family Rider ? Biweekly Payment Rider Phase Rider
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(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(,n "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or
credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated 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: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(1) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the 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.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
ITEM 19501_2 (0405) (Page 2 of] 6 pages)
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81{ 1932621 76
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 Attached Exhibit A
which currently has the address of
Mt. Holly Springs , Pennsylvania
[City]
41 Mill Street
[Street]
17066 ("Property Address"):
[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."
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.
PENNSYLVANIA-Single Family-Fannie Mac/Freddie Mac UNIFORM INSTRUMENT
ITEM 19501-3 (0405) (Page 3 of] 6 pages)
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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 the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
full. To the extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due. 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
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01
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time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower
shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
payment within such time period as Lender may require. Borrower's obligation to make such payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this
Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to
pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow
Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be
obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all
Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation,
Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any
interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be
paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as
required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
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
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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 Gen or take one or more
of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
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 detennination,
certification and tracking services; or (b) a one-time charge for flood zone determination and certification
services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such determination or certification. Borrower shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the Coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at
the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
All insurance policies required by Lender and renewals of such 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
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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.
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
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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.
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.
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Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these 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.
(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.
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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
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 agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
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14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will
be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
have 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.
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If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior
to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate- or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that
Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as
if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all
expenses incurred in enforcing this Security instrument, including, but not limited to, reasonable 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 Nate 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
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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.
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, among other things- (a) the default; (b) the action required to cure the default; (c) when
the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense
of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its
option may require immediate payment in full of all sums secured by this Security Instrument without
further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be
entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including,
but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
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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.
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages
1 through 16 of this Security Instrument and in any Rider executed by Borrower and recorded with it.
(Seal) -r- Cf (Seal)
R an S. Benson -Borrower Tina L. Benson -Borrower
-(Seal)
-Borrower
-(Seal)
-Borrower
-(Seal)
-Borrower
(Seal)
-Borrower
Witness: Witness:
P_"?A 10 /'?
PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
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05-000447
BKI932PG276
State of Pennsylvania
County of Franklin
On this the 23rd day of November 2005 , before me,(a ftP? CL W-1109?/-
the undersigned officer, personally appeared Ryan S. Benson, Tina L.
Benson
known to me (or satisfactorily proved) to be the person(s) whose name(s) 0'1,*,P-
subscribed to the within instrument and acknowledged that ? executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
2
COMMONWEALTH OF PENNSYLVANIA d C-
;? SEAL Title of Officer
FGreene mela D. Reiahelderfer, Notary Public
Township. Franklin County
Commission E)Vkw June 03, 2006
My commission expires:
After Recording Return To:
Farmers and Merchants Trust Company of Chambersburg
20 South Main Street
Chambersburg, PA 17201
CERTIFICATE OF RESIDENCE I, Rhetta B. Martin
do hereby certify that the correct address of the within named lender is 20 South Main Street,
Chambersburg, PA 17201
Witness my hand this 23rd day of November 2005
kk14- 1:5 Tr"-?4
Rhetta B. Martin Agent of Lender
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CONSTRUCTION LOAN PHASE RIDER TO MORTGAGE
OPEN-END MORTGAGE - THIS MORTGAGE SECURES FUTURE ADVANCES
THIS CONSTRUCTION LOAN PHASE RIDER is made November 23, 2005 and is incorporated into and shall
be deemed to amend and supplement the Mortgage and Security Agreement of the same date together with any riders,
the "Note" and, the "Mortgage" given by the undersigned (the "Borrower" whether there are one or more persons
undersigned) to secure Borrower's Mortgage Note to Farmers and Merchants Trust Company, its successors and
assigns ("Lender") in the original principal amount of $ 145,025.00 (The "Loan") of the same date and covering the
property described in the Mortgage and located at:
41 Mill Street, Mt. Holly Springs, Pennsylvania 17065
CONSTRUCTION LOAN PHASE COVENANTS. In addition to the covenants and agreements made in the Mortgage,
Borrower and Lender further covenant and agree as follows:
A. CONSTRUCTION LOAN PHASE. The time period from the date of the Mortgage and this Rider to
November 30, 2006 is hereafter referred to as the "Construction Phase". When the Construction Phase ends,
the loan will convert to a permanent loan.
B. OPEN-END MORTGAGE SECURES FUTURE ADVANCES. The Mortgage and the Rider secures future
advances made by the Lender under the terms of the Mortgage and/or Construction Loan Agreement of the same date
here (together with any riders thereto, the "Construction Loan Agreement") of by and among Lender, Borrower,
Schafrs Home Center, Inc. (the "Contractors), The Note, Mortgage, Construction Loan Agreement and any
and all other documents evidencing or securing the Loan, together with any and all riders, amendments or modifications
thereof are hereafter collectively referred to as the "Construction Loan Documents".
C. ACCELERATION; REMEDIES. The Lender may at its sole discretion require the Borrower to make payment in
full of all principal, interest and other amounts owed to Lender under the Note and the Mortgage, or exercise any and all
other rights or remedies Lender may have under the Construction Loan Documents should either of the following occur:
(1) The Improvements as set forth in the Construction Loan Agreement are not completed by the Contractor by the
end of the Construction Phase as determined by an appraiser approved by Lender; or
(ii) Borrower is in default under the Note, Mortgage, this Rider or the Construction Loan Agreement.
All other terms and conditions of the Note and Mortgage are and shall remain in full force and effect, except as modified
herein. To the extent the terms of the Note and Mortgage shall conflict with the terms hereof, the terms hereof shall
control.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Construction Loan
Phase Rider.
Witness
Witness
Ryan S. Benson
Tina L. Benson
Witness
Witness
Pennsylvania - Construction Loan Phase Rider To Mortgage
r cei4ify this.
In Cumberland Coin ;'
t , ?. ..p1?r'n
0, _j
EXHIBIT A
ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland County,
Pennsylvania, bounded and limited to as follows:
BEGINNING at a railroad iron on the western side of the public road leading from Mt. Holly Springs to Boiling
Springs and known as Mill Street, which railroad iron is on the Northern right of way line of the Reading
Railroad; thence by the Western side of said public road, North 39 '/2 degrees 00 minutes 00 seconds East, One
Hundred Three and Fifty hundredths (103.50) feet to a point; thence by land now or formerly of Charles Kollas
and wife, North 50 '/2 degrees 00 minutes 00 seconds West, One Hundred Fifty (150) feet to a point; thence by
same, South 39 '/2 degrees 00 minutes 00 seconds West, Two Hundred Thirty (230) feet to an iron pin the
Northern right of way line of Reading Railroad; thence by said right of way line in an Easterly direction, One
Hundred Ninety-five (195) feet to the Place of BEGINNING.
BEING the same premises which Robin L. Glessner, Administratrix of the Estate of Tim Eugene Glessner, by
Deed dated June 21, 2002, and recorded in Cumberland County, Pa., Record Book Volume 252, Page 1665,
granted and conveyed unto Ryan S. Benson and Tina L. Benson, husband and wife, Mortgagors herein.
VERIFICATION
William A. Pryor, Vice President, and duly authorized representative of Farmers
and Merchants Trust Company of Chambersburg, 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 pleading are true and correct to his information and belief.
William A. Pryor
Vice President
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
~4,~t~ttr of ~~~c~hbr~f~n
~~ ., . '~r
FI~FC~ 3 ~ r~t~E„_
j~F ~~ ~rr~~. Pt..'l~~
Richard W Stewart
SO//CItOr
s?FF1CE Cr •~:E SM,RIFF
201Q J~~~ _g A~~i 8~ 44
CUt~ti.. = ~~ ~ ;u ~;~~JN7Y
Farmers and Merchants Trust Company of Chambersburg Case Number
vs. 2010-3443
Ryan S. Benson (et al.)
SHERIFF'S RETURN OF SERVICE
05/27/2010 08:30 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 27.
2010 at 2030 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Ryan S. Benson, by making known unto himself personally, at 41 Mill
Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time
handing to him personally the said true and correct copy of the same.
MICHAEL B RI , DEPU
06/07/2010 07:30 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 7,
2010 at 1930 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Tina L. Benson, by making known unto herself personally, at 421 Chapel
Avenue #1, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing
to her personally the said true and correct copy of the same.
s '~~-_
DENNIS RY, DEPUTY
SHERIFF COST: $55.70
June 08, 2010
;c;. CountySuite Shenff, ieleosoft. Inc.
SO ANSWERS,
RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
I hereby certify that the
address of Plaintiff is:
20 South Main Street
Chambersburg, PA 17201
the last known address of
Defendants is:
Ryan S. Benson
41 Mill Street
Mount Holly Springs, PA 17065
Tina L. Benson
421 Chapel Avenue #1
Carlisle, PA 17013
GRENEN &BIRSIC, P.C.
~; ~
orneys for ai~ff
NO.: 2010-3443
TYPE OF PLEADING
PRAECIPE FOR DEFAULT JUDGMENT
(Mortgage Foreclosure)
FILED ON BEHALF OF PLAINTIFF:
Farmers and Merchants Trust Company of
Chambersburg
COUNSEL OF RECORD FOR THIS
PARTY:
Daniel J. Birsic, Esquire
Pa. I.D. # 48450
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Pittsburgh, PA 15222 -~ ~~~~~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
TO: PROTHONOTARY
NO.: 2010-3443
PRAECIPE FOR DEFAULT JUDGMENT
SIR:
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendants, Ryan S. Benson and Tina L. Benson, in the amount of $153,878.58, which is
itemized as follows:
Principal $139,098.60
Interest to 7/16/10 $ 8,058.11
Late Charges to 7/16/10 $ 741.16
Escrow Deficiency to 7/16/10 $ 2,190.16
Unapplied Funds $ - 59.45
Corporate Advances $ 50.00
Attorney's fees $ 1,300.00
Title Search, Foreclosure and
Execution Costs $ 2,500.00
TOTAL $153,878.58
with interest on the principal sum at the rate of $25.25 per diem from July 16, 2010, and
additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the mortgaged
premises.
GRENEN & BIRSIC, P.C~.
C
BY. ~.
Daniel J. Birsi~c, squire
Attorneys for Plaintiff
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Daniel J. Birsic, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendants were not in the military service of the United States of America to the best of his
knowledge, information and belief and certifies that the Notices of Intent to take Default
Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies.
,~ '~~ ~.
:f
Sworn to and subscribed before me
this ~ day of .,~ , 2010.
Notary Public
COMMONWEALTH_OF PENN8YLVANIA
No1rAa1 dal
PeVida a. Townwnd, Notary Public
Cigr Ct Pitatbur~h, MfpfNny COUnty
M Canmh-aian raa tuna Z z01 ~
Mem ~r, ~nnr •n • ~ on ae
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
TO: Ryan S. Benson
41 Mill Street
Mount Holly Springs, PA 17065
DATE OF NOTICE: June 30, 2010
NO.: 2010-3443
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or Toll Free (800) 990-9108
FIlZST CLASS MAIL, POSTAGE PREPAID
GRENEN & BIRSIC, P.C.
~'
By: ? ca /': ~' s
Attorneys for Plaintiff "
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
lIV THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
TO: Tina L. Benson
421 Chapel Avenue #1
Carlisle, PA 17013
DATE OF NOTICE: June 30, 2010
NO.: 2010-3443
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WTTH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or Toll Free (800) 990-9108
FIRST CLASS MAIL, POSTAGE PREPAID
GRENEN &~IRSIC, P.C.
' ~ /A
By: ~/ L-v~ / r' yL/4'~---~
Atto ys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
NO.: 2010-3443
NOTICE OF ORDER DECREE OR JUDGMENT
TO: Ryan S. Benson
41 Mill Street
Mount Holly Springs, PA 17065
( ) Plaintiff
(XX) Defendant
( )Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on
( ) A copy of the Order or Decree is enclosed,
or
(XX) The judgment is as follows: $153,878.58
with interest on the principal sum at the rate of $25.25 per diem from July 16, 2010, and
additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the mortgaged
premises.
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
NO.: 2010-3443
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
NOTICE OF ORDER DECREE OR JUDGMENT
TO: Tina L. Benson
42 l Chapel Avenue # 1
Carlisle, PA 17013
( )Plaintiff
(XX) Defendant
( )Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on 7/~/0
( ) A copy of the Order or Decree is enclosed,
or
(XX) The judgment is as follows: $153,878.58
with interest on the principal sum at the rate of $25.25 per diem from July 16, 2010, and
additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the mortgaged
premises.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
NO.: 2010-3443
PRAECIPE FOR WRIT OF EXECUTION
(MORTGAGE FORECLOSURE)
TO: Prothonotary
cn ~ -~
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SIR: Please issue a Writ of Execution, directed to the Sheriff of Cumberland County, against
the Defendants, Ryan S. Benson and Tina L. Benson, as follows:
Amount Due
Interest from 7/16/10
TOTAL
$153,878.58
$ 3,846.97
$157,725.55
0
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55, ~o CBF
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$a.oo L~oeCo
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GRENEN & BIRSIC, P.C.
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By: ~, ~ ~~
Attorneys for Plai tiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CNIL DIVISION
Plaintiff,
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
NO.: 2010-3443
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
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Farmers and Merchants Trust Company of Chambersburg, 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 Ryan S. Benson and Tina L. Benson located at 41
Mill Street, Mt. Holly Springs, Pennsylvania 17065 and is more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RYAN S. BENSON AND
TINA L. BENSON OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
BOROUGH OF MOUNT HOLLY SPRINGS, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 41 MILL STRET, MT. HOLLY SPRINGS, PA
17065. DEED BOOK VOLUME 252, PAGE 1665, AND PARCEL NUMBER 23-31-2187-008.
1. The name and address of the owners or reputed owners:
Ryan S. Benson 41 Mill Street
Mount Holly Springs, PA 17065
Tina L. Benson 421 Chapel Avenue #1
Carlisle, PA 17013
2. The name and address of the defendants in the judgment:
Ryan S. Benson 41 Mill Street
Mount Holly Springs, PA 17065
Tina L. Benson 421 Chapel Avenue #1
Carlisle, PA 17013
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Farmers and Merchants Trust Company PLAINTIFF
of Chambersburg
4. The name and address of the last record holder of every mortgage of record:
Farmers and Merchants Trust Company PLAINTIFF
of Chambersburg
Members ls` Federal Credit Union 5000 Louise Drive
Mechanicsburg, PA 17055
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
Hamsburg, 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
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which maybe affected by the sale:
None
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
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Daniel J. Birsi ;Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this ~`~=-" day of _~t,.~~, 2010.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notlrl~l t3~1
Patrkl~ A. Towngnd, Nogry public
City of Pltbbutph, AlNphdny County
Comn~lon nw Jung 2, 2011
Member, snn~ylwn ~ A~ ~tlon N~~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2010-3443
vs.
RYAN S. BENSON and
TINA L. BENSON, c ? ='
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AFFIDAVIT OF NON-MILITARY SERVICE ~` '
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COMMONWEALTH OF PENNSYLVANIA ) ~~ cNr_~ ~`
)SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Daniel J. Birsic, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendants were not in the military service of the United States of America to the best of his
knowledge, information and belief.
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Sworn to and subscribed before me
this ~~_ day of 2010.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Patrida A. Townsend, Notary Public
City of Pittabur9h, Allsphsny County
My Commisebn Expires June 2, 2011
Member, Pennsylvania Association of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
NO.: 2010-3443
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants. n ~ ;
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AFFIDAVIT OF LAST KNOWN ADDRESS - N ~,,
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COUNTY OF CUMBERLAND ) ~;; ~;,
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Before me, the undersigned authority, a Notary Public in and for the said County and
Commonwealth, personally appeared Daniel J. Birsic, Esquire, attorney for the Plaintiff, who
being duly sworn according to law deposes and says that the owners of the property located at 41
Mill Street, Mt. Holly Springs, Pennsylvania 17065 are, Defendants, Ryan S. Benson and Tina L.
Benson, who reside at 41 Mill Street, Mt. Holly Springs, Pennsylvania 17065 and 421 Chapel
Avenue #1, Carlisle, Pennsylvania 17013, respectively, to the best of his information, knowledge
and belief.
SWORN TO AND SUBSCRIBED BEFORE
,:
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ME THIS JAY OF y, , 2010.
~~~
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Noladal Seel
Patrkk;fa A. Townsend. Notary Public
City o1 Pittsburgh, Agaphsny County
My Commission Expires June 2, 2011
MensSee, s'ennsyivnla Association of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2010-3443
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RYAN S. BENSON and ~' ~ _,
TINA L. BENSON, _ ti,
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Defendants. :~~ _~
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AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEQ. W~
AND ACT 91 OF 1983
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
Before me, the undersigned authority, a Notary Public in and for the said County and
Commonwealth, personally appeared Daniel J. Birsic, Esquire, attorney for the Plaintiff, who
being duly sworn according to law deposes and says that on February 22, 2010, Defendants were
mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 by certified mail,
return receipt requested, and first class U.S. Mail. Plaintiff was not required to send Defendants
separate Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S.
§ 101, et seq., as a result of sending the Act 91 Notices.
SWORN TO AND SUBSCRIBED BEFORE
~;'./~ c
ME THIS ~`~v DAY OF ~ 4 ) - s~, 2010.
4 f~ o ~ ~ `~'~b~~~
Notary Public
~`-OMMONWEALTH OF PENNSYLVANIA
Noaariel Seel
PeMcia A. Townsend, Notary Public
Gity of PiKsburph, Atlpheny County
My Gommisslon Expires June 2, 2011
~,+^'::`a~. ~Pr.nsyivania Association of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
NO.: 2010-3443
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Ryan S. Benson
41 Mill Street
Mt. Holly Springs, PA 17065
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TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
Cumberland County Courthouse
Commissioners Hearing Room, 2nd Floor
1 Courthouse Square
Carlisle, PA 17013
on December 8, 2010 at 10:00 A.M., the following described real estate, of which Ryan S.
Benson and Tina L. Benson, are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RYAN S. BENSON AND
TINA L. BENSON OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
BOROUGH OF MOUNT HOLLY SPRINGS, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 41 MILL STRET, MT. HOLLY SPRINGS, PA
17065. DEED BOOK VOLUME 252, PAGE 1665, AND PARCEL NUMBER 23-31-2187-008.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of
Farmers and Merchants Trust Company of Chambersburg,
Plaintiff,
vs.
Ryan S. Benson and Tina L. Benson,
Defendants,
at Execution Number 2010-3443 in the amount of $157,725.55.
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.
GRENE/N & BIRSIC, P.C.
/ _' ~ _.-~
By:
Daniel J. Birsi ,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
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
NO.: 2010-3443
LONG FORM DESCRIPTION
ALL that certain tract of land situate in the Borough of Mount Holly Springs,
Cumberland County, Pennsylvania, bounded and limited to as follows:
BEGINNING at a railroad iron on the western side of the public road leading from Mt.
Holly Springs to Boiling Springs and known as Mill Street, which railroad iron is on the
Northern right of way line of the Reading Railroad; thence by the Western side of said public
road, North 39 %2 degrees 00 minutes 00 seconds East, One Hundred Three and Fifty hundredths
(103.50) feet to a point; thence by land now or formerly of Charles Kollas and wife, North 50'/2
degrees 00 minutes 00 seconds West, One Hundred Fifty (150) feet to a point; thence by same,
South 39 % degrees 00 minutes 00 seconds West, Two Hundred Thirty (230) feet to an iron pin
the Northern right of way line of Reading Railroad; thence by said right of way line in an
Easterly direction, One hundred Ninety-five (195) feet to the place of BEGINNING.
BEING the premises which Robin L. Glessner, Administratrix of the Estate of Tim
Eugene Glessner by Deed dated June 21, 2002 and recorded in the Office of the Recorder of
Deeds of Cumberland County on June 28, 2002 in Deed Book Volume 252, Page 1665, granted
and conveyed unto Ryan S. Benson and Tina L. Benson, husband and wife, as Tenants by the
Entireties.
GRENEN &,.~IRSIC, P.C.
/ ~ ~
BY~ / G~ /,
Daniel J. Birsic7squire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412)281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
NO.: 2010-3443
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Tina L. Benson
421 Chapel Avenue #1
Carlisle, PA 17013
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TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
Cumberland County Courthouse
Commissioners Hearing Room, 2nd Floor
1 Courthouse Square
Carlisle, PA 17013
on December 8, 2010 at 10:00 A.M., the following described real estate, of which Ryan S.
Benson and Tina L. Benson, are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RYAN S. BENSON AND
TINA L. BENSON OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
BOROUGH OF MOUNT HOLLY SPRINGS, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 41 MILL STRET, MT. HOLLY SPRINGS, PA
17065. DEED BOOK VOLUME 252, PAGE 1665, AND PARCEL NUMBER 23-31-2187-008.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of
Farmers and Merchants Trust Company of Chambersburg,
Plaintiff,
vs.
Ryan S. Benson and Tina L. Benson,
Defendants,
at Execution Number 2010-3443 in the amount of $157,725.55.
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.
GRENENj~& BIRSIC, P.C.
^~ ,-~
Daniel J. Birsic, 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
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
NO.: 2010-3443
LONG FORM DESCRIPTION
ALL that certain tract of land situate in the Borough of Mount Holly Springs,
Cumberland County, Pennsylvania, bounded and limited to as follows:
BEGINNING at a railroad iron on the western side of the public road leading from Mt.
Holly Springs to Boiling Springs and known as Mill Street, which railroad iron is on the
Northern right of way line of the Reading Railroad; thence by the Western side of said public
road, North 39 'h degrees 00 minutes 00 seconds East, One Hundred Three and Fifty hundredths
(103.50) feet to a point; thence by land now or formerly of Charles Kollas and wife, North 50 %z
degrees 00 minutes 00 seconds West, One Hundred Fifty (150) feet to a point; thence by same,
South 39 '/Z degrees 00 minutes 00 seconds West, Two Hundred Thirty (230) feet to an iron pin
the Northern right of way line of Reading Railroad; thence by said right of way line in an
Easterly direction, One hundred Ninety-five (195) feet to the place of BEGINNING.
BEING the premises which Robin L. Glessner, Administratrix of the Estate of Tim
Eugene Glessner by Deed dated June 21, 2002 and recorded in the Office of the Recorder of
Deeds of Cumberland County on June 28, 2002 in Deed Book Volume 252, Page 1665, granted
and conveyed unto Ryan S. Benson and Tina L. Benson, husband and wife, as Tenants by the
Entireties.
GRENEN/&~IRSIC, P.C.
~~ ~" /~'
Darnel J. Birsi ,Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412)281-7650
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-3443 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FARMERS AND MERCHANTS TRUST COMPANY
OF CHAMBERSBURG, Plaintiff (s)
From RYAN S. BENSON & TINA L. BENSON
(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 $153,878.58
Interest from 7/16/10 -- $3,846.97
Atty's Comm
Atty Paid $188.20
Plaintiff Paid
Date: 7/22/10
(Seal)
REQUESTING PARTY:
Name: DANIEL J. BIRSIC, ESQUIRE
Address: GRENEN & GIRSIC, PC
ONE GATEWAY CENTER, 9~ FLR
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-7650
Supreme Court ID No. 48450
L.L.$.50
Due Prothy $2.00
Other Costs
David D. Buell, P thonotary
By:
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
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NO.: 2010-3443
TYPE OF PLEADING
Pa. R.C.P. RULE 3129.2(c)(2)
PURSUANT TO RULE 3129.1
LIENHOLDER AFFIDAVIT OF
SERVICE
FILED ON BEHALF OF PLAINTIFF:
Farmers and Merchants Trust Company of
Chambersburg
COUNSEL OF RECORD FOR THIS
PARTY:
Daniel J. Birsic, Esquire
Pa. LD. # 48450
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SALE DATE: 12/8/10
r .~ ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
NO.: 2010-3443
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
Pa. R.C.P. RULE 3129.2(c)(2)
LIENHOLDER AFFIDAVIT OF SERVICE
I, Daniel J. Birsic, Esquire, Attorney for Plaintiff, Farmers and Merchants Trust
Company of Chambersburg, being duly sworn according to law, deposes and makes the
following Affidavit regarding service of the notice of the sale of real property on all persons
named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 as follows
1. By letters dated July 28, 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.
/~ -~
BY: / ~~
Daniel J. Birsi squire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
T/H~IS C~K~ DAY OF ~~) , 2010.
J ~ ,
Notary Public
COAAMONWEAITH OF PENNSYLVANIA
Pwlq~ A. T n~ NpGuy punk
c iron, N~p~ny ~,,,h,
Juflr ~ 3011
n n e
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff, NO.: 2010-3443
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
Farmers and Merchants Trust Company of Chambersburg, 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 Ryan S. Benson and Tina L. Benson located at 41
Mill Street, Mt. Holly Springs, Pennsylvania 17065 and is more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RYAN S. BENSON AND
TINA L. BENSON OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
BOROUGH OF MOUNT HOLLY SPRINGS, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 41 MILL STRET, MT. HOLLY SPRINGS, PA
17065. DEED BOOK VOLUME 252, PAGE 1665, AND PARCEL NUMBER 23-31-2187-008.
1. The name and address of the owners or reputed owners:
Ryan S. Benson 41 Mill Street
Mount Holly Springs, PA 17065
Tina L. Benson 421 Chapel Avenue #1
Carlisle, PA 17013
2. The name and address of the defendants in the judgment:
Ryan S. Benson 41 Mill Street
Mount Holly Springs, PA 17065
Tina L. Benson 421 Chapel Avenue # 1
Carlisle, PA 17013
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Farmers and Merchants Trust Company PLAINTIFF
of Chambersburg
4. The name and address of the last record holder of every mortgage of record:
Farmers and Merchants Trust Company PLAINTIFF
of Chambersburg
Members 1 S` Federal Credit Union 5000 Louise Drive
Mechanicsburg, PA 17055
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 maybe 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 maybe affected by the sale:
None
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
~~ ;~~
.c k' ~. _
Daniel J~Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this ~~~ day of ,~~ 2010.
"~ -...~.
Notary Public ~`" "
COMMONyyEALTH OF PENFiSYLVANiA
NofadM Sal +
Petriols A. 7ownp,~, Notay Publk
City of Wd~burph AIIrOherry County
eommlakwt Q Jurw 7,1011
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Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
;??y??tn` of 2usuLr?f???d
€ - , _ .
FILED-OFFICE
0 T NE t? ,T;CT IMt;t r,, TA qY
"?I1 JAN 27 AM 8: 38
CLIMBE?RLA.qC CCU'?4-r a
PENINSYL'ANI,?,
Farmers and Merchants Trust Company of Chambersburg
Case Number
vs.
Ryan S. Benson (et al.) 2010-3443
SHERIFF'S RETURN OF SERVICE
08/30/2010 Property sale removed from 9/8/2010 sale.
10/08/2010 09:00 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10
at 2100 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the
above entitled action, upon the property of Ryan S. & Tina L. Benson , located at, 41 Mill Street, Mount
Holly Springs, Cumberland County, Pennsylvania according to law.
10/08/2010 09:00 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10
at 2100 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Ryan S. Benson, by making known unto, Ryan S
Benson, personally, at, 41 Mill Street, Mount Holly Springs, Cumberland County, Pennsylvania its content:
and at the same time handing to him personally the said true and correct copy of the same.
10/18/2010 11:34 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 10-18-10
at 1134 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Tina L. Benson, by making known unto, Tina L.
Benson, personally, at, 423 Chestnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania its
contents and at the same time handing to her personally the said true and correct copy of the same.
12/14/2010 Ronny R. Anderson, Sheriff, 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
Cumberland County Courthouse, Carlisle, PA on December 8, 2010 at 10:00 a.m.. He sold the same for
the sum of $1.00 to Attorney Daniel Birsic on behalf of, Fannie Mae, 14221 Dallas Parkway, Ste 1000,
Dallas, TX 75254, being the buyer in this execution, paid to the Sheriff the sum of $
SHERIFF COST: $827.63
January 21, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
S2? LL lad .
a-4 0d 1 4"'
5 y3o 1,
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
.:;nun•y ;cite Snertf. 7e'e.^.,c*1. I; ?.;.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
VS.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
NO.: 2010-3443
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
Farmers and Merchants Trust Company of Chambersburg, 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 Ryan S. Benson and Tina L. Benson located at 41
Mill Street, Mt. Holly Springs, Pennsylvania 17065 and is more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RYAN S. BENSON AND
TINA L. BENSON OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
BOROUGH OF MOUNT HOLLY SPRINGS, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 41 MILL STRET, MT. HOLLY SPRINGS, PA
17065. DEED BOOK VOLUME 252, PAGE 1665, AND PARCEL NUMBER 23-31-2187-008.
1. The name and address of the owners or reputed owners:
Ryan S. Benson 41 Mill Street
Mount Holly Springs, PA 17065
Tina L. Benson 421 Chapel Avenue #1
Carlisle, PA 17013
2. The name and address of the defendants in the judgment:
Ryan S. Benson 41 Mill Street
Mount Holly Springs, PA 17065
Tina L. Benson
421 Chapel Avenue #1
Carlisle, PA 17013
3. The name and last known address of everyjudgment creditor whose judgment is a record lien
on the real property to be sold:
Farmers and Merchants Trust Company PLAINTIFF
of Chambersburg
4. The name and address of the last record holder of every mortgage of record:
Farmers and Merchants Trust Company PLAINTIFF
of Chambersburg
Members 1St Federal Credit Union 5000 Louise Drive
Mechanicsburg, PA 17055
5. The name and address of every other person who has any record lien on the property:
Cumberland Domestic Relations
P.O. Box 320
Carlisle, PA 17013
PA Department of Revenue
Commonwealth of Pennsylvania
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
None
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
None
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities.
r
Daniel J. Birsi , Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this day of , 2010.
0
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Nobft MI
Patricia A. ToWn"Fid
F my City of PRhbtnh, Notary Public
Cww*wal ? nY COUnq`
MA JuM 4 4011
MOM* tn"80v n A t n rin
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
NO.: 2010-3443
VS.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Ryan S. Benson
41 Mill Street
Mt. Holly Springs, PA 17065
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
Cumberland County Courthouse
Commissioners Hearing Room, 2nd Floor
1 Courthouse Square
Carlisle, PA 17013
on December 8, 2010 at 10:00 A.M., the following described real estate, of which Ryan S.
Benson and Tina L. Benson, are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RYAN S. BENSON AND
TINA L. BENSON OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
BOROUGH OF MOUNT HOLLY SPRINGS, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 41 MILL STRET, MT. HOLLY SPRINGS, PA
17065. DEED BOOK VOLUME 252, PAGE 1665, AND PARCEL NUMBER 23-31-2187-008.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of
Farmers and Merchants Trust Company of Chambersburg,
Plaintiff,
VS.
Ryan S. Benson and Tina L. Benson,
Defendants,
at Execution Number 2010-3443 in the amount of $157,725.55.
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:
Daniel J. Birsi , 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
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
NO.: 2010-3443
LONG FORM DESCRIPTION
ALL that certain tract of land situate in the Borough of Mount Holly Springs,
Cumberland County, Pennsylvania, bounded and limited to as follows:
BEGINNING at a railroad iron on the western side of the public road leading from Mt.
Holly Springs to Boiling Springs and known as Mill Street, which railroad iron is on the
Northern right of way line of the Reading Railroad; thence by the Western side of said public
road, North 39 % degrees 00 minutes 00 seconds East, One Hundred Three and Fifty hundredths
(103.50) feet to a point; thence by land now or formerly of Charles Kollas and wife, North 50 'V2
degrees 00 minutes 00 seconds West, One Hundred Fifty (150) feet to a point; thence by same,
South 39 %2 degrees 00 minutes 00 seconds West, Two Hundred Thirty (230) feet to an iron pin
the Northern right of way line of Reading Railroad; thence by said right of way line in an
Easterly direction, One hundred Ninety-five (195) feet to the place of BEGINNING.
BEING the premises which Robin L. Glessner, Administratrix of the Estate of Tim
Eugene Glessner by Deed dated June 21, 2002 and recorded in the Office of the Recorder of
Deeds of Cumberland County on June 28, 2002 in Deed Book Volume 252, Page 1665, granted
and conveyed unto Ryan S. Benson and Tina L. Benson, husband and wife, as Tenants by the
Entireties.
GRENEN "IRSIC, P.C.
By: G c '/
Damel J. Birsi ,Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
vs.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
NO.: 2010-3443
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Tina L. Benson
421 Chapel Avenue #1
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
Cumberland County Courthouse
Commissioners Hearing Room, 2nd Floor
1 Courthouse Square
Carlisle, PA 17013
on December 8, 2010 at 10:00 A.M., the following described real estate, of which Ryan S.
Benson and Tina L. Benson, are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RYAN S. BENSON AND
TINA L. BENSON OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
BOROUGH OF MOUNT HOLLY SPRINGS, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 41 MILL STRET, MT. HOLLY SPRINGS, PA
17065. DEED BOOK VOLUME 252, PAGE 1665, AND PARCEL NUMBER 23-31-2187-008.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of
Farmers and Merchants Trust Company of Chambersburg,
Plaintiff,
VS.
Ryan S. Benson and Tina L. Benson,
Defendants,
at Execution Number 2010-3443 in the amount of $157,725.55.
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:
Daniel J. Birsic, 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
FARMERS AND MERCHANTS TRUST CIVIL DIVISION
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
RYAN S. BENSON and
TINA L. BENSON,
Defendants.
NO.: 2010-3443
LONG FORM DESCRIPTION
ALL that certain tract of land situate in the Borough of Mount Holly Springs,
Cumberland County, Pennsylvania, bounded and limited to as follows:
BEGINNING at a railroad iron on the western side of the public road leading from Mt.
Holly Springs to Boiling Springs and known as Mill Street, which railroad iron is on the
Northern right of way line of the Reading Railroad; thence by the Western side of said public
road, North 39 %Z degrees 00 minutes 00 seconds East, One Hundred Three and Fifty hundredths
(103.50) feet to a point; thence by land now or formerly of Charles Kollas and wife, North 50 '/2
degrees 00 minutes 00 seconds West, One Hundred Fifty (150) feet to a point; thence by same,
South 39 %2 degrees 00 minutes 00 seconds West, Two Hundred Thirty (230) feet to an iron pin
the Northern right of way line of Reading Railroad; thence by said right of way line in an
Easterly direction, One hundred Ninety-five (195) feet to the place of BEGINNING.
BEING the premises which Robin L. Glessner, Administratrix of the Estate of Tim
Eugene Glessner by Deed dated June 21, 2002 and recorded in the Office of the Recorder of
Deeds of Cumberland County on June 28, 2002 in Deed Book Volume 252, Page 1665, granted
and conveyed unto Ryan S. Benson and Tina L. Benson, husband and wife, as Tenants by the
Entireties.
GRENEN &43IRSIC, P.C.
By:
Damel J. Birsi , 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 10-3443 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FARMERS AND MERCHANTS TRUST COMPANY
OF CHAMBERSBURG, Plaintiff (s)
From RYAN S. BENSON & TINA L. BENSON
(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 $153,878.58
Interest from 7/16/10 -- $3,846.97
Atty's Comm %
Atty Paid $188.20
Plaintiff Paid
Date: 7/22/10
(Seal)
REQUESTING PARTY:
Name: DANIEL J. BIRSIC, ESQUIRE
Address: GRENEN & GIRSIC, PC
ONE GATEWAY CENTER, 9"' FLR
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-7650
Supreme Court ID No. 48450
L.L.$.50
Due Prothy $2.00
Other Costs
J
David D. Buell, rothonotary
By:
Deputy
On September 22, 20 10 the Sheriff levied upon the
defendant's interest in the real property situated in
Mount Holly Springs Borough, Cumberland County, PA,
Known and numbered as, 41 Mill Street, Mount Holly Springs,
more fully described on Exhibit "A" filed with this writ and by this
reference incorporated herein.
Date: September 22, 2010
B:
Real Estate Coordinator
c0 :E d 8z inr 0 w,
V
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 22, October 29, and November 5, 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.
isa Marie Coyn , Editor
SWORN TO AND SUBSCRIBED before me this
5 da of November, 2010
Notary
ORAH A COLLINS
FCARLISLE OTARIAL SEAL
otary Public
UGH. CUMBERLAND COUNTY
ion Expires Apr 28, 2 014
CUMBERLAND LAW JOURNAL
Writ No. 2010-3443 Civil
Farmers and Merchants Trust
Company of Chambersburg
VS.
Ryan S. Benson
Tina L. Benson
Atty.: Daniel J. Birsic
ALL that certain tract of land
situate in the Borough of Mount
Holly Springs, Cumberland County,
Pennsylvania, bounded and limited
to as follows:
BEGINNING at a railroad iron
on the western side of the public
road leading from Mt. Holly Springs
to Boiling Springs and known as
Mill Street, which railroad iron is
on the Northern right of way line of
the Reading Railroad; thence by the
Western side of said public road,
North 39 1/2 degrees 00 minutes 00
seconds East, One Hundred Three
and Fifty hundredths (103.50) feet
to a point; thence by land now or
formerly of Charles Kollas and wife,
North 50 1/2 degrees 00 minutes 00
seconds West, One Hundred Fifty
(150) feet to a point; thence by same,
South 39 1/2 degrees 00 minutes 00
seconds West, Two Hundred Thirty
(230) feet to an iron pin the Northern
right of way line of Reading Railroad;
thence by said right of way line in
an Easterly direction, One hundred
Ninety-five (195) feet to the place of
BEGINNING.
BEING the premises which Robin
L. Glessner, Administratrix of the Es-
tate of Tim Eugene Glessner by Deed
dated June 21, 2002 and recorded in
the Office of the Recorder of Deeds
of Cumberland County on June 28,
2002 in Deed Book Volume 252, Page
1665, granted and conveyed unto
Ryan S. Benson and Tina L. Benson,
husband and wife, as Tenants by the
Entireties.
10
The Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
Z4f?latriot-News
Now you know
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 circuiation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is, securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither 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:
10/15/10
10/22/10
10/29/10
Sworn to an cribed before me( . this x'O# of November, 2010 A. D.
` 1
Notary Public
COMMONWEALTH OF PEMNSYLVANA
Notarial Seal I!
Sherrie L Klsrw, Notar( Public
Lower Paxton 7 J
P vrp., Dauphin County
L My Commission Bores NoN,. 26, 2011
b or
Pennsylvania Association of Notaries
2010.3443 CMN Torn
C ny Trust
Vs
Ryan S. Benson
Tina L. Benson
Mr. Daniel J. Birsic
ALL that certain tract of land situate in the
Borough of Mount Holly Springs, Cumberland
County, Pennsylvania bounded and limited to
as follows:
BEGINNING at a railroad iron on the western
side of the public road leading from Mt. Holly
Springs to Boiling Springs and known as Mill
Street, which railroad iron is on the Northern
right ofwayline of the Reading Railroad; thence
by the Western side of said public road, North
39'/2 degrees 00 minutes 00 seconds East, One
Hundred Three and Fifty hundredths (10350)
feet to a point; thence by land now or formerly
of Charles Kollas and wife, North 50 Y2 degrees
00 minutes 00 seconds West One Hundred Fifty
(150) feet to a point; them by same, South 39
V2 degrees 00 minutes 00 seconds West, Two
Hundred Thirty (230) feet to an iron pin the
Northern right of way line of Reading Railroad;
thence by said right of way line in an Easterly
direction, One hundred Ninety-five (195) feet to
the place of BEGINMG,
BEING the premises which Robin L. Glessner,
Administratrix of the Estate of Tim Eugene
Glessner by Deed dated June 21, 2002 and
recorded in the Office of the Recorder of
Deeds of Cumberland County on June 28, 2002
in Deed Book Volune 252, page 1665, granted
and conveyed unto Ryan S. Benson and Tina L.
Benson, husband and wife, as Tbnants by the
Entireties.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I 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 Fannie Mae is the grantee the same having been sold to said grantee on the
8th day of December A.D., 2010, under and by virtue of a writ Execution issued on the 22nd day of
Jam, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 3443,
at the suit of Farmers & Merchants Trust Co of Chambersburt; against Ryans S & Tina L Benson is duly
recorded as Instrument Number 201103310.
IN TESTIMONY WHEREOF, I have hergunto set my hand
and al of said office this / aay or
A.D.
f De
eds
(?kecorder i
end CouAt6 ie Jea , PA
My e Rei 2014