HomeMy WebLinkAbout10-4228IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CHASE HOME FINANCE LLC, s/b/m/t
Chase Manhattan Mortgage Corporation,
Plaintiff,
vs.
GERMAN A. ROVNYANSKY,
Defendant.
CIVIL DIVISION
NO.: ~p-4~8 CiViIT~`111'1
TYPE OF PLEADING:
CIVIL ACTION-COMPLAINT
IN MORTGAGE FORECLOSURE
TO DEFENDANT
You are hereby notified to plead to the ENCLOSED
COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE H~REOF
~.
Al 1~UKNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
3415 Vision Drive
Columbus, OH 43219
AND THE DEFENDANT IS:
38 Johns Drive
Enola, PA 17025
A ORNEY FOR PLAWTIFF ~
CERTIFICATE OF LOCATION
1 HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS:
38 Johns Drive
East Pennsboro Twn
(CITY, BORO, TOWNSHIP)
L_
ATTORNEY FOR PLAINTIFF
FILED ON BEHALF OF PLAINTIFF:
COUNSEL OF RECORD FOR THIS
PARTY:
Chase Home Finance LLC, s/b/m/t
Chase Manhattan Mortgage Corporation
Kristine M. Anthou, Esquire n
Pa. I.D. #77991 ~ ~, ~~
Brian M. Kile, Esquire - - `"`
~ -~-
Pa. LD. #89240
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GRENEN & BIRSIC
P.C. ~. ~-- `~
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One Gateway Center ~
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Ninth Floor `~ cam,^,
Pittsburgh, PA 15222
(412) 281-7650
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CHASE HOME FINANCE LLC, s/blmlt CIVIL DIVISION
Chase Manhattan Mortgage Corporation,
Plaintiff,
vs.
GERMAN A. ROVNYANSKY,
Defendant.
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 (24) 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 maybe 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
CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION
Chase Manhattan Mortgage Corporation,
Plaintiff,
NO.:
vs.
GERMAN A. ROVNYANSKY,
Defendant.
CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE
Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, by its
attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage
Corporation, which has its principal place of business at 3415 Vision Drive, Columbus, OH
43219 and is authorized to do business in the Commonwealth of Pennsylvania.
2. The Defendant, German A. Rovnyansky, is an individual whose last known
address is 38 Johns Drive, Enola, PA 17025.
3. On or about September 29, 2008, Defendant executed a Note in favor of Howard
Hanna Mortgage Services ("Howard Hanna") in the original principal amount of $130,100.00.
4. On or about September 29, 2008, as security for payment of the aforesaid Note,
Defendant made, executed and delivered to Mortgage Electronic Registration Systems, Inc.
("MERS), as Nominee for Howard Hanna, a Mortgage in the original principal amount of
$130,100.00 on the premises hereinafter described, said Mortgage being recorded in the Office
of the Recorder of Deeds of Cumberland County on October 1, 200$ at Instrument Number
200833295. A true and correct copy of said Mortgage containing a description of the premises
subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof.
5. "MERS" as Nominee for Howard Hanna assigned all of its right, title and interest
in and to aforesaid Mortgage to Plaintiff pursuant to a certain Assignment of Mortgage, recorded
in the Office of the Recorder of Deeds of Cumberland County on June 16, 2010 at Instrument
Number 201015816. A true and correct copy of said Assignment of Mortgage is marked Exhibit
"B" attached hereto and made a part hereof.
6. Defendant is the record and real owner of the aforesaid mortgaged premises.
7. Defendant is in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due. Defendant
is due for the February 1, 2010 payment.
8. On or about April 21, 2010, Defendant was mailed a combined Act 91 and Act 6
Notice, via certified mail, return receipt requested, and by first-class mail, in compliance with the
Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S.
101, et seq.
9. The amount due and owing Plaintiff by Defendant is as follows:
Principal $ 128,134.00
Interest to 6/2/10 $ 3,924.12
Late Charges to 6/2/10 $ 166.08
Escrow Deficiency to 6/2/10 $ 0.00
Corporate Advances $ 217.70
Attorney's fees $ 1,300.OU
Title Search, Foreclosure and
Execution Costs $ 2,500.00
TOTAL $ 136,241.90
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $136,241.90 with interest thereon at the rate of $21.50 per diem from June 3, 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: /~ ~_. ~~ c .~ c ~ -
Kri ine M. Anthou, ~ squire
Brian M. Kile, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281 7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
~~'~ , _ ~3.3a 15
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~~
Recordation Requested by;
Howard Hanna Mortgage Services
119 Oamma Dr
Pittsburgh, PA 15238
When Recorded Mail to:
Howard Hanna Mortgage Services
119 Oamma Dr
Pittsburgh, PA 15238
Send Tax Notices to:
38 JOHNS DRIVE
ENOLA, PA 17025
' l'~"~ t 12o~pd
[Space Above This Line For Recording Data)
PARCEL TAX ID#: 09-15-1288-410 FHA Case Number
State of Pennsylvania LOAN# 200852099
MIN 1000291-0200852099-0 MORTGAGE 18546795703
THIS MORTGAGE ("Security Instrument") is given on September 29th, 2008 .The Mortgagor is
GERMAN A ROVNYANSKY , AN UNMARRIED PERSON
whose address is 313 WEST SHADY LANE UNIT P , ENOLA, PA 17125
("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MFRS"),
{solely as nominee for Lender, as hereafter defined, and Lenders successors and assigns), MFRS is organized and
existing under the laws of Delaware, and has an address and telephone number of 3300 S. W. 34th Avenue, Suite
101, Ocala, FL 34474 or P.O. BOX 2026, Flint, MI 48501-2026, tel. (888) 679-MFRS.
Howard Hanna Mortgage Services, a Pennsylvania Corporation
which is organized and existing under the laws of THE COMMONWEALTH OF PENNSYLVANIA ,and whose
address is 119 Gamma Dr, Pittsburgh, PA 15238
("Lender"). Borrower owes Lender the principal sum of
ONE HUNDRED THIRTY THOUSAND ONE HUNDRED AND N01100
This debt is evidenced by Borrower's note dated the same dat Dasl this( Secu$ ty3lnstOrnment ("Note"), whicf~
provides for monthly payments, with the full debt, if not paid earlier, due and payable on
October 1st, 2038 .This Security Instrument secures to Lender: (a) the repayment of
the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; {b) the
payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security
Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and
the Note. rrnuar5:
PENNSYLVAN]A -Single Family -FHA SECURITY INSTRUMENT - 1l8Ei Page ~ or a l3CC - m1580-1 PA (oslos)
r ~t
x
For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and
Lender's successors and assigns) and to the successors and assigns of MERS, rite following described property
located in CUMBERLAND County, Pennsylvania:
SEE ATTACHED LEGAL DESCRIPTION
wfilch has the address of 38 JOHNS DRIVE , ENOLA (Street, Ctty1.
Pennsylvania 17025 ("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 understands and agrees that MERS holds only legal title to rite Interests granted by
Borrower in this Security Instrument, but, if necessary to comply with law of custom, MERS (as nominee for
Lender and Lender's successors and assigns) ltas the right to exercise any or all of those interests, including, but
not limited to, the right to foreclose and sell the Property; and to take any action required of Lender Including,
but not ]united to releasing or canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that rite Property is unencumbered, except for encumbrances
of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,
subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants
with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows;
1. Payment of Principal, Interest and Late Charge. Borrower shall pay ~vlten due fire principal of, and
interest on, the debt evidenced by the Note and late charges due under rite Note.
2. Monthly Payments of Taxes, Insurance and Other Charges. Borrower shall include in each monthly
payment, together with the principal and interest as set Forth in the Note and any late charges, a sum of (a) taxes
and special assessments levied or to be IevIed agai-tst the Property, (b) leasehold payments or ground rents on the
Property, and (c) premiums For insurance required under paragraph 4. In any year In which the Lender must pay a
mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in
which such premium would have been required if Lender still held the Security Instrument, each monthly payment
shall also include either: (i) a sum for the annual mortgage Insurance premium to be paid by Lender to the
Secretary, or (11) a monthly charge instead of a mortgage Insurance premium if tlus Security Instrument is held by
the Secretary, in a reasonable amount to be determined by the Secretary. Except for the mont]tly charge by t}te
Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds".
Lender may, at any time, collect and ]told amounts for Escrow Items in an aggregate amount not to exceed
the maximum amount that may be required for Borrower's escrow account under rite Real Estate Settlement
Procedures Act of 1974, 12 U.S.C. section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as
they may be amended from time to time ("RESPA"), except chat the cusldon or reserve permitted by RESPA for
unanticipated disbursements or disbursements before the Borrower's payments are available in the account may
not be based on amounts due for the mortgage insurance premium.
GCC - m1590-2 PA (oti/o1) rage 2 or a tnitlals:~
. 1
4
t ~ ~
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA,
Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by
Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and
require Borrower to make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If
Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the
balance remaining for all installment items (a), (b) and (c) and any mortgage insurance premium installment that
Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to
Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's
account shall be credited with any balance remaining for all installments for items (a), (b) and (c).
3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as
follows:
First. to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by
the Secretary instead of the monthly mortgage insurance premium;
Second• to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other
hazard insurance premiums, as required;
Third. to interest due under the Note;
Fourth. to amortization of the principal of the Note; and
Fifth. to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on Qie Property,
whether now in existence or subsequently erected, against any Hazards, casualties, and contingencies, including
fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or
subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried
with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall
include loss payable clauses in favor of, and in a form acceptable io Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if
not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make
gayment for sucH loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the
insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under
the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and
then to prepayment of principal, or (b) to fire restoration or repair of the damaged Property. Any application of
the proceeds to the principal shall not extend or postpone the due date of the
monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess
insurance proceeds over an amount required to pay aIf outstanding indebtedness under the Note and lids Security
Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that
extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall
pass to the purchaser.
S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or
transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least
one year after the date of occupancy, unless Lender determines this requirement will cause undue hardship for
Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify
Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially
GCC - 1690-3PA (O6/00) Page 3 of 8 Initials: ~~
' ,
change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect
the Property if tl~e Property is vacant or abandoned or the loan is In default. Lender may lake reasonable action to
protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during
the Ioan application process, gave materially false or inaccurate information or statements to Lender (or failed to
provide Lender with any material information) in connection with the loan evidenced by the Note, including, but
not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this
Security Instrument Is on a leasehold, Borrower shall comply will- tl~e provisions of the lease. If Borrower
acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the
merger in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of any part of the Properly, or for conveyance iii place of
condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the Indebtedness
that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the
reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied
in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the
principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2,
or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall
pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely
affect Lender's Interest in tire Property, upon Lender's request Borrower shall promptly furnish to Lender receipts
evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any
other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may
significantly affect Lender's rights In lire Property (such as a proceeding in bankruptcy, for condemnation or to
enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the
Property and Lender's rights in the Property, including payment of !axes, hazard insurance and other items
mentioned In paragraph 2.
Any amounts disbursed by Lender under tlris paragraph shall become an additional debt of Borrower and be
secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note
rate, and al the option of Lender shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender; (b) contests in good faith the lien by, or defends against enforcement of tlic lien in, legal proceedings
which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the bolder of
the lien an agreement.satisfactory to the Lender subordinating the lien to this Security Instrument. If Lender
determines that any part of the Property is subject to a lien wlricfr may attain priority over this Security
Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
i
{a) Default. Lender may, except as Ilmited by regulations issued by the Secretary in the case of
payment defaults, require Immediate payment in full of all sums secured by this Security Instrument if:
(1) Borrower defaults by faIlIng to pay in full any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment, or
(il) Borrower defaults by failing, for a period of thirty days, to perform any other obligations
contained in this Security Instrument.
GCC -1690.4 PA (06100) Page 4 of 6 ~nltlnis: ~~ `-'
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 3A1(d}
of the Gam-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior
approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument
if:
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is
sold or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as hIs or her principal residence, or the
purchaser or grantee does so occupy the Property but his or ]rer credit has not been approved in
accordance with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment to full, but
Lender does not require such payments, Lender does not waive ils rights with respect to subsequent events.
(d) Regulations of HUD 3eeretary. In many circumstances regulations issued by the Secretary will limit
Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not
paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations
of the Secretary.
(e) Mortgage Not insured. Borrower agrees that if this Security Instrument and the Note are not determined
to be eligible for insurance under the National Housing Act within 30 DAY from the date hereof,
Lender may, at its option require immediate payment in full of all sums secured by this Security Instrument.
A written statement of any authorized agent of the Secretary dated subsequent to 30 DAY from the
date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of
such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the
unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the
Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full
because of Borrower's failure to pay an amount due under the Note or this Security Instrurent. This right applies
even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a
lump sum all amounts required to bring Borrower's account current including, iv the extent they ar•e obligations
of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and
expenses properly associated with the foreclosure proceeding. Upon reinstaternenE by Borrower, this Security
Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate
payment in full. However, Lender is not required to permit reinstatement if; (i) Lender has accepted
reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the
commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different
grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security
Instrument.
11. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time of payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor
in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor
in interest. Lender shall not be required to commence proceedings against any successor in interest or 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 orBorrower's successors in interest. Any forbearance by
Lender in exercising any right or remedy shalt not be a waiver of or preclude the exercise of anyy right a• remedy.
12. Successors and Assigns Bound; 3oint and Several Liability; Co-Signers. The covenants and
agreements of this Security Instrument shall hind and benefit the successors and assigns of Lender and Borrower,
subject to the provisions of paragraph 9(b), Borrower's covenants and agreements shall 6e joint and several. Any
Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security
Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms ql=.lh~
GCC - 9 690-6PA (osloo) Page 5 of B tnitlniso
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,
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 may agree to extend, modify, forbear or make any accommodations
with regard to the terms of this Security Instrument or the Note without that Borrower's consent,
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it
or by mailing ii by first class mail unless applicable law requires use of another method. Tl~e notice shall be
directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice io
Lender shall be given by f#rsl class mail to Lender's address stated herein or any address Lender designates by
notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to
Borrower or Lender when given as provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law
of the jurisdiction in which the Property is located. In file 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, To this end the
provisions of this Security Instrument and the Note are declared to be severable.
I5. Borrower's Capy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
Iti. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or
release of any Hazardous Substances on or in the Properly. Borrower shall not do, nor allow anyone else to do,
anything affecting the Property that is in violation of any Environmental Law, Tlie preceding two sentences shall
not apply to the presence, use, or storage on the Property of email quantities of I•Iazardous Substances Thai are
generally recognized to be appropriate to normal resident#al uses and to maintenance of file Property.
Borrower shall promptly give Lender written notice of 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. If Borrower learns, or is notified by
any governmental or regulatory authority, 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.
As used in tide paragrapl- 16, "Hazardous Substances" are those substances defined as toxic or hazardous
substances 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, As used in this paragraph Ifi, "Environmental Law" means federal laws
and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
I7. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and
revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and
hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to
Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument,
Borrower shall collect and receive all rents and revenues of tl~e Property as trustee for llae benefit of Lender and
Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional
security only.
If Lender gives notice of breach to Borrower: (a) alt rents received by Borrower shall be held by Borrower as
trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b} Lender shall
be entitled to collect and receive all of the rents of ttie Property; and (c) each tenant of the Property shall pay all
rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any ac ]i
would prevent Lender from exercising its rights under this paragraph 17.
GCC - 7 690-6 PA (06!00) Poge 6 of 8 Pnillals:
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving
notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a
breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of
Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument
is paid in full.
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred
in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees
and costs of title evidence to ilie extent permitted by applicable Iaw.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires
immediate payment in foil under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in
the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure
commissioner designated under lire Act to commence foreclosure and to sell the Property as provided in the Aci.
Nothing in tare preceding sentence shall deprive the Secretary of any rights olher<vise avaiIa6le to a Lender under
this paragraph 18 or applicable law.
19. 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 without charge to Borrower. Borrower shall pay any recordation costs.
20. 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.
21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour
prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
22. Purchase Money Mortgage. If any of the debt secured by Qtis Security Instrument is lent to Borrower
to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
23. 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.
24. Riders to this Security Instrument. If one or more Hiders are executed by Borrower and recorded
together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall
amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of
this Security Instrument.
(Check applicable box(es)]
Condominium Rider Growing Equity Rider
Graduated Payment Rider Planned Unit Development
Other(s) (specify] LEGAL
OCC - 1590-7PA (06!00) Pago 7 of e
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and
in any rider(s) executed by Borrower and recorded with it.
This is a contract under seal and my be enforced unde/r~42 Pa. C.S. Section 5529(8).
Wiinesso - - ~~&%>v~~~2L~~1 Jbl' . ~Z,~f~~,~ e
GERMAN A ROVNYANSKY -Born cr
- (S~)
-Borrower
CERTIFICATE OF RESIDENCE
- (Seal)
-Borrower
- (Seal)
-Borrower
T hereby certify, that the precise address of the mortgagee, rd Hanna Mortgage Services
herein is as follows:
119 Gamma Dr, Pittsburgh, PA 15238
-Auarua}+-orAgent fvr Murtgagce
INDIVIDUAL ACKNOWZEDGMENT
STATE OF PENNSYL NIA )
SS
COUNTY OF )
On this, the 29th day of September „ 2008 ,before me
the undersigned Notary Public, personally appeared
GERMAN A ROVNYANSICY , AN UNMARRIED PERSON
known to me or satisfactorily proven) to be the person whose name(s) is/are subscribed to the tivithin instrument,
and acknowledged that lie/she/they executed the samerfor the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my h3nd.an //ficial eel.
Aibf~i~_
GCC - 1590-$PA (08!07) Page a of e
NQTARIAL SEAL
LINDA L. Mc$ETH, Notary Public
Csmp N111 Boro Cumberland County
My Gommisafon Expires September 27, 2012
ALL THAT CERTAIN piece or parcel of land situate in the Totivnship of East Pennsboro, County of
Cumberland and Conunonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGIlVNING at a point on the northern (erroneously stated as southern in prior deed} right-of--way line of johns
Drive, at the southernmost corner of Lot No. 267 on the hereinafter described Final Subdivision Plan; thence
along the eastern line of said Lot No. 267, North 24 degrees 14 minutes 10 seconds East, a distance of 132.75 feet
to a point on the western line of Lot No. 269 on the hereinafter described Final Subdivision Plan; thence along the
western. line of said Lot No. 269, South 0$ degrees 25 minutes OU seconds East, a distance of 119.74 feet to a
point on the northern (erroneously stated as southern in prior deed) right-of--way line of Johns Drive; thence along
the northern (erroneously stated as southern in prior deed) right-of--way line of Johns Drive South 81 degrees 35
minutes 00 seconds West; a distance of 27.70 feet to a point; thence continuing along the same, by a curve to the
right, having a radius of 125.00 feet, an arc length of 44.88 feet, to a point at the southwest corner of Lot No. 267
on the hereinafter Final Subdivision Plan, the point and place of BEGx1VNING.
BEING Lot No. 268, Final Subdivision Plan of Laurel Hills North, Phase 5, dated June 5, 2001, last revised July
12, 2001, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan
Book 83, Page 113.
BEING improved with a townhouse dwelling known as 38 Johns Drive.
SUBJECT to an Easement for utility installation and maintenance which is reserved on all lots and such other
easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes.
Electric service will be supplied only from the underground distribution system in accordance with then current
PP&L Company Tariffprovisions.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, easements, set-back lines and conditions as now
appear of record including, but not limited to Declaration of Covenants and Restrictions applicable to Final
Subdivision Plan for Laurel Hills North, Phase 5, East Pennsboro Township, Cumberland County, Pennsylvania,
dated September 14, 2001, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in
Miscellaneous Book 6$1, Page 601.
FURTHER UNDER AND SUBJECT to part of a twenty-five (25) foot wide drainage easement across the
western portion of the premises as shown on the above-referenced Final Subdivision Plan.
BEING THE SAME PREMISES which Laurel Hills Development Corp., a Pennsylvania corporation, by deed
dated December 23, 2005 and recorded December 27, 2005 in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book 272, Page 2507, granted and conveyed unto Dana L. Carley, single person,
Grantor herein.
s • n r• s•
. . `
ROBERT P. ZIE'+GLER
RECORDER of nEEDs
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-b370
Instrument Number - 200833295
Recorded On 10/1/2008 At 3:38:31 PM * Total Pages - 10
* Instrument Type -MORTGAGE
Invoice Number - 30046 User ID - KW
* Mortgagor - ROVNYANSICY, GERMAN A
* Mortgagee -MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC
* Customer -BARRISTERS LAND ABSTRACT CO
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $21.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFk'ORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
Certification Page
DO NOT DETACH
T11is page is now part
oi'tl~is legal document.
ROD ARCHIVES FEE $3.00
TOTAL PAID $58.50
I Certi#'y this to be recorded
in Cumbel•land County PA
~~~'/°
RECORDER O + D EDS
* -Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
~iuiiuu~iiiVu~ifl
EXHIBIT "B"
., 1' . S~SfI, e.
CNF Loan No.: 1 77 1 1 20700
Prepared 13y: '
Grenen &Birsic, P.C.
One Gateway Center, 9`h Floor
Pittsburgh, PA 15222
12eturn To:
Grenen &Birsic, P.C.
One Gateway Center, 9`h Floor
Pittsburgh, PA 15222
Parcel #: 09-15-1288-410
ASSCGNMENT OF MORTGAGE
From German A. Rovnyansky,
Mortgagor
To Mortgage Electronic Registration
Systems, Inc., as Nominee for
Howard Hanna Mortgage Services,
Mortgage Dated: September 29, 2008
Mortgage Recorded: October 1, 2008
Instrument Number 200833295
in the Recorder's Office of Cumberland
Mortgagee
County, Pennsylvania.
Amount: $130,100.00
tl'iIEI~II~IGI~Q
For value received and intending to be legally bound hereby, Mortgage Electronic Registration
Systems, Inc. (Assignor) does hereby this ~~ day of~s~z `~ , 2010, grant, sell, assign,
transfer, set over and deliver unto Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage
Corporation (Assignee}, its successors and assigns, all right, title and interest of Assignor in and to the
above-referenced Mortgage together with all of Assignor's rights, remedies, incidents and appurtenances
as stated in the Mortgage and all of the right, title and interest of Assignor in the premises described in the
Mortgage; and Assignor specifically assigns by this Assignment the debt instrument intended to be
secured by the Mortgage
Assignor, its successors and assigns, is making this Assignment of Mortgage without any
recourse, representation or warranties.
In Witness Whereof, Assignor has caused this Assignment to be executed by its hand and seal,
with authority therefore, the day and year first above written.
ATTEST: Mortgage Electronic Registration Systems, Inc.
Kristine M. Anthou
Certifying Officer
Property Address: 38 3ohns Drive, Enola, PA 17025 East Pennsboro Township
4
STATE OF PENNSYLVANIA )
ss:
COUNTY OF ALLEGHENY )
On this, the ~u~'~ day of ~ . ~ , 2010, before me, the undersigned officer,
personally appeared Kristine M. Anthou, who acknowledged herself to be the Certifying Officer of
Mortgage Electronic Registration Systems, Inc., and that she, being authorized to do so, executed the
foregoing Assignment of Mortgage for the purposes therein contained by signing the name oI'the
corporation by herself as Certifying Ufficer.
It Witness Whereof, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
NolsrNd Seal
Patrkla A. TOwntend, Notary Publlc A ~-
Ctty of Pltaburyh. ANpher-Y Cou^ty _ _ _ ~ ~~~ ~ f'~y~ ~ :~ '~-~~ZV~J
ConNnlarion tune ~. ~o» Notary Public
amber, Mn an f a n Notarios
Certificate of Residence
I, Kari L. Skovira, do certify that the Assignee's precise address is 3415 Vision Drive, Columbus,
Ohio 43219.
~~~~~
Commonwealth of Pennsylvania
County of Cumberland
Recorded on this day of
ss:
A.D. 2010, in the Recorder's Office of the said County,
at Mortgage Book Volume
Page
Give under my hand and the seal of the said office the day and year aforesaid.
WITNESS:
Recorder
By:
. ~
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201015816
Recorded On 6/16/2010 At 12:21:38 PM
* Instrument Type -ASSIGNMENT OF MORTGAGE
Invoice Number - 67430 User H) - MSW
* Mortgagor - ROVNYANSKY, GERMAN A
* Mortgagee -CHASE HOME FINANCE LLC
* Customer - GRENEN & BIRSIC
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $50.50
* Total Pages - 3
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
:,~r °~ at,~,ee
9
~ Q tv !/
RECORDER O D EDS
1750
* -Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
Wuniuii~iu~~m
VERIFICATION
Mary Cook ,Assistant Secretary, and duly authorized representative of Chase
Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, deposes and says, subject
to the penalties of 18 Pa. C.S.A Section 4904, relating to unsworn falsif7cation to authorities, that
the facts set forth in the foregoing Complaint are true and correct to his/her knowledge,
information and belief:
Chase Home Finance LLC, s/b/m/t
Chase Manhattan Mortgage Corporation
1 ~ ~~
~~ 1
Assistant Secretary
~~~`~~
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
~a~,~,ip p~ ~rr,abrr/~~~
~~. .,;
1 •.17
_~_,
~Y~Ft~~ 47f T •, r : t-ERIFF
lilt ~r ~;~t -~,;
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
!/'~ ,~ ..
~f ~ E~..,i i ..i~IN~
Cam: ~'~ t `: ~ i a.k`r ``d~~;
Chase Home Finance LLC
vs.
German A. Rovnyansky
Case Number
2010-4228
SHERIFF'S RETURN OF SERVICE
06/28/2010 06:50 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant to wit: German A. Rovnyansky, but was unable
to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not
found as to the defendant German A. Rovnyansky. Deputies were advised by neighbor at 36 Johns Drive;
Enola, PA 17025, German A. Rovyansky is deceased. Request for service at 38 Johns Drive, Enola, PA
17025 contains some personal effects but appears vacant.
SHERIFF COST: $46.50
June 29, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
cj CountySuito Sheritf. Telecsoft, Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CHASE HOME FINAN E LLC, SB/M/T
CHASE MANHATTAN MORTGAGE
CORPORATION,
Plaintiff,
VS.
GERMAN A. ROVNY SKY,
Defendant.
CIVIL DIVISION
ISSUE NUMBER:
~ N _:~
Q =i`1
c.
Q
--~
i'4' ~. ~ r~--
NO.: 10-4228 CIVIL TERM _ r` _~,;-r
;"~' ~
r-=
TYPE OF PLEADING: ~_ ~ - ~ '~
PRAECIPE TO SETTLE AND ~ `~ ` ~~'
;.:-
DISCONTINUE WITHOUT
PREJUDICE
CODE-
FILED ON BEHALF OF PLAINTIFF:
Chase Home Finance LLC s/b/m/t Chase
Manhattan Mortgage Corporation
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Anthou, Esquire
Pa. I.D. #77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CHASE HOME FINAN E LLC, SB/M/T
CHASE MANHATTAN MORTGAGE
CORPORATION,
Plaintiff,
vs.
GERMAN A. ROVNY
Defendant.
CIVIL DIVISION
NO.: 10-4228 CIVIL TERM
WITHOUT PREJUDICE
TO: PROTHONOTARY
SIIZ/MADAM:
Kindly settle and
docket accordingly.
inue without prejudice the above-captioned matter and mark the
GRENEN & BIItSIC, P.C.
Kristine : Anthou, Esquire
Attorneys for Plaintiff
Sworn to and su
this l~ day
Notary P~bli
before me
2010.
Notarial seal
M. Paiano, Notary PubNo
~ Y ~Y
NmmNabn E~ires Jan. 8, 2012