HomeMy WebLinkAbout01-1542IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaimiff,
VS.
THOMAS J. BILGER,
Defendant.
CIVIL DIVISION
NO.:
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 HEREOF
ATTORNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
539 SOUTH FOURTH AVENUE
LOUISVILLE KY 40202
AND THE DEFENDANT IS:
FILED ON BEHALF OF PLAiNTIFF:
PNC Bank, National Association
COUNSEL OF RECORD FOR THIS PARTY:
Brian B. Dutton, Esquire
Pa. I.D. # 81953
GRENEN & BIRSIC, P.C.
223 COCKLEYS DRIVE
ATTORNEY FOR PLAINTIFF
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
CERTIFICATE OF LOCATION
1 HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
Borough of Mechanicsbur~ lst
(CITY, BO~gI~TOWNSHIP) (WARD) ,
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
NO.:
Plaintiff,
VS.
THOMAS J. BILGER,
Defendant.
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 SHOULD NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
4th Floor
1 Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
NO.: o~-
Plaintiff,
VS.
THOMAS J. BILGER,
Defendant.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
PNC Bank, National Association, by its attorneys, Grenen & Birsic, P.C., files this
Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is PNC Bank, National Association, which has a principal place of
business at 539 South 4th Avenue, Louisville, Kentucky 40202 and is authorized to do business in
the Commonwealth of Pennsylvania.
2. The Defendant, Thomas $. Bilger, is an individual residing in the Commonwealth of
Pennsylvania whose last known address is 223 Cockleys Drive, Mechanicsburg, PA 17055.
3. On or about October 30, 1997, Defendant executed a Note in favor of PNC Mortgage
Corp. of America in the original principal amount of $69,743.00. A true and correct copy of said
Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about October 30, 1997, as security for payment of the aforesaid Note,
Defendant made, executed and delivered to PNC Mortgage Corp. of America a Mortgage in the
original principal mount of $69,743.00 on the premises hereinafter described, said Mortgage being
recorded in the Office of the Recorder of Deeds of Cumberland County on November 3, 1997 in
Mortgage Book Volume 1414 Page 224. A true and correct copy of said Mortgage containing a
description of the premises subject to said Mortgage is marked Exhibit "B', attached hereto and
made a part hereof.
5. PNC Mortgage Corp. of America assigned all of its right, title and interest in and to
the aforesaid Mortgage and Note to the Plaintiff pursuant to a certain Assignment of Mortgage.
6. Defendant is the record and real owners 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 September 1, 2000 payment.
8. On or about November 6, 2000, Defendant was mailed combined Act 91 and Act 6
Notices, 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 $67,572.38
Interest through 02/17/01 $ 2,480.48
Late Charges through 02/17/01 $ 135.72
Escrow Deficiency through 02/17/0l $ 78.98
Attorney's fees $ 800.00
Title Search, Foreclosure and
Execution Costs $ 1,500.00
TOTAL $72,567.56
WHEREFORE, Plaintiffdemands judgment in mortgage foreclosure for the amount due of
$72,567.56 with interest thereou at the rate of $12.50 per diem from February 17, 2001, 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.
BY:
GRENEN & BIRSIC, P.C.
Brian B. Dutton, Esquire
PAID# 81953
Attorneys for Plaintiff
One Gateway Center, ne West
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"
OCIOBER 30 [997
[Date]
NOTE
HARRISBURB PENNSYLVANIA
[Clip] [$1a[=i
~02 W ~ELLER STREET, ~IECHAN]CSBUR§. PENNSYLVANIA 1705~
I. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $6B, ?43. O0 .................... (this amount ia called
"principal'}. plus interest, to the order of the Lender. The I~nder is PNC RORTOABE CORE. OF AMERICA. AN OHIO CORPORATION
that the ),ender ma)' transfer this Note, The ~ndcr or anyone who takes this Note by t~a~¢r and who is
payments under this Note is called the "Note HoMer.'
2. IN'I'EREST
Infarct will be charged on unpaid principal until the tull amount of principal has been paid. I will pa)' interest at a
yearly rate of ................ 0. ?§00~.
The interest rate requited by this Section 2 is the cate I w[ll pay both before and after any default described in S~ction
6(Bi of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay- princ[pa[ and interest by making payments awry month.
[ ~'ill make my monthly payments on the FIRST da)' of each month beginning on DECEMBER I ,
tBS7 . I w[I] make the~e payments every month until I have paid all of the principal and interest and a~y other '
charges described below that I may' owe under this Note. My monthly payments w!ll be applied to interest before pfincipal.
If, on NOVENBER I, 2027 , I still owe amounts under this Note, I will pay those amounts in full on
that date, which is called the "Maturity Date."
I ~¥ill make my monthly paymenteat 75 NORTH FAIRWAY DRIVE. VERNON RILLS, ILLINOIS 60061
or at s different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 452.35 ................ .
4. BORROWER'S RIGHTTO PREPAY
[ h~ve th~right to make payments of principal at any time before they arc due. A payment of principal only is known as a
"prepayment. When I make a prepayment ! will tell the Note Holder in writing that [ am doing
[ ma)' mak~ a full prepayment or partial prepayments withouz paying an)' prepayment charge. The Note/'{older will use
all of mi' prepa3 meats to reduce the amount of principal that I owe under this Note. If J make a partial prepayment, there will
b~ no chang~-~ in the due dale or in the amount of my monthly payment unless th¢ Note Holder agrees in writing to th(me
changes.
5. I.OAN CtlARGE$
If a law which applies to this loan and which sets maximum loan charses, is finally inte.r~'eted so that the interest or
~ther~anchargesc~lle~ted~rt~bec~llec~edinc~nnecti~nw~thth~sl~anexceedthepermittedhm~ts'then: i asy such loan
charge shall be reduced by the amount nece~ary to reduce the charge to the permitted limit; and (ii} an}' sums already
collected from me which exceeded permitted limlts will be refunded to me. The Note Holder may choose to make this r~fund
bi' reducing the principal ! owe unde~ this Note or by making a direct payment to me. If a refund reduces principal, the
reduction will be ~,r~e~ aced as a partial prepayment.
6. BORROWER $ FAILURETOPAY AS REQUIRED (A) [.ate Charg~ for Overdue Payments
If the .Note Holder has not re~elved the full amount of any monthly payment by the end of 15 calendar daI~ after
the date it is due, I will pa)' s late charge to the Note Holder. The amount of the charge will b~ ................ §.0000% of
my overdue paymem of principal and interest. [ will pay this late charge promptly but only once on each late payment. {BI Default
If I do not pay the full amount of each monthly payment on the date it is doe. [ will ~ in default.
(C) Notieeof Default
If I am in default, the Note Holder may send me a written notice telling me that if ] do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of principal whlch has not been paid and
,.,..,, .,,..,
{D) No Waiver By Note Holder
Even if, at a time when 1 am in default, the Note Holder don not require me to pay immediately in full as described
ai~ve, the Note Holder will still have the right to do so il I am in default at a later time.
E Pa)-ment of Note H~lder's Costs and Expenses
[f the Note Holder h~ required mc to pay immediately in full as d~scribed above, 'the Note Holder will have the right to
7. GIVING OF NOTICES
Unle~ applicable law requir~ a different method, any notice that must be give~, to me under this Note will be given by
Note ] lolder at the address stated in Section 3(A) above or at a different address ill am given a notice of that different address.
8. OBLIt;ATION'S OF PERSON'S UNDER THIS NOTE
if more than one parson signs this Note. each parson is fully and personally obligated to keep all of the promises made in
surety' or ~odorser of this Note. is also obhgated m k~ep all of the promises made in this No~e. The Nora Holder maD' ~nforc~
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
10. UNIFOR.A, II SECURED NOTE
This Note is a uniform instrument with limited varia~ion.q in .some jurisdictions. In addition to ~he protections gh,ea to
make in this Note. That Security Instrument describes how and under what conditions I may be required to make i .m~medlate
pay meat in fulI of all amounts I ow~ under ~his Note. Somo of those conditions are described as follows:
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred a~d Borrower is not
full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if
exercise is prohibited by federal law as of the daze of this Security Instrument.
If Lender exercises this option. Lender shall give Borrower notice of accel~ratlon. The notice shall provide a
'~I'ITNF, SS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
/~ (Seal)
SSN: SSN:
SSN:
(Seal)
SSN:
(Seal)
(Seal)
EXHIBIT "B"
PI~C Mortgage Corp. of America
Ve~ HiJh, IL 60061
'9'lNO] U P['l 3 08
MORTGAGE
'I'HIS MORTGAOE ("Secudty Instrument') is given on 0CT08ER 30 . 1997
· The mortgagor is
which is organized and exisa{ng under the laws of THE STATE OF OHIO , and whos~
("~er'). ~rrower ow~ ~der the princi~l sum o~
l~llam ( L'.S. $8g. 743. O~ ............. ). ~{s debt is evid~ced by ~rrower's note ~t~ the same ~te as this S~curity
Inswt~ment ('Note"), which provid~ for monthly ~ymen~, with the full debt, if not ~id ~rlier. due and ~yahlc on
,29.4
TOGI~['HER 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 co~'ercd
h~ This Security Instrument. All of the foregoing is referred to in this S~curity Instrument as the ' Property."
BORROWER COVENAN'TS 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.
tturrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
THIS SECURITY INS'~RU.MEN~I' combin~ uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to ~onstitutea uniform security instrument covering real property. UNIFORM COVENAN"FS. Borrow~r and Lender covenant and agree as follows:
1. Payment of Principal and interest; P~epayment ~xld Late Charges. Borrower shall promptly pay when dtm
the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Sul~ject to applicable law or to a written waiver by Lender. Borrower shall
pay to Lender on the day monthly payments are duc under the Note, until the Note is paid in full, a sum ("Funds") for:
(al yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property;
yearly leasehold payments or ground rents on the Property, if any; (c) y~rly ha~.ard or property insurance premiums;
{d) yearly flood insurance premiums, if any: (e) yearly mortgage insurance premiums, if any; and (fl anl sums payable
by Borrow~r ~o Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance
premiums, 'l'h~se itsms are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not
to exceed the maximum amount a lender for a federally related mortgage loan may r~uire for Borrower's ~.'row
account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C.
Section 2601 et s~q. ("RESPA"), unl~s another law that applies to the Funds s~ts a lesser amount. If so. Lender mai',
Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otberu'ise in
accordance ~'ith applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or ~ntlty
(including Lender, if Lend~ is such an institution) or in any Federal Home Loen Bank. Lender shall apply the Fqnds to
pay tbe Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing tl~e
~scf~w accr)unt, or verifying the Escrow Items. unle.~; Lender pat's Borrower interest on the Funds and applicable law
permits I.ender to make such a charge. However. Lender may require Borrower to pay a on.-time charge'for an
independent real estate tax reporting s~rvlce u.~d by Lender in connection with this loan, unl~ applicable law provides
otherwise. Unless an agreement is mad~ or applicable law requires interest to be paid. Lender shall not be r~qulred to
pay Ik)rrower any interest or earnings on the Funds. Borrower and Lender may agre~ ia writing, howevor, that interest
shall be paid on the Funds. Lender shall give to Borrower, without ctmrge, an annual accounting of the Funds, shm~'ing
credits and debits to the Funds and the: purpo~ for which ~ach debit to the Funds was made. The Funds are pledged as
additional security for all sums secured by this Security Ir~trument.
If the Funds held by Lender exco~d the amounts permitted to be held by applicable law, Lender shall account to
Buttoner for the excess Funds in accordenc~ with the requirements of applicable law. If the amount of the Funds held
by I.ender at any time is not sufficient to pay the Escrow Items when due. Lender may so notify Borrower in wridng.
and, in such case Borrower shall pay to Lender the amount n~cmsary m make up the deficiency. Borrows'er shall make
tip ;he deficiency in no more than twelve monthly payments, at Lender's sole discretion.
Upon paym:nt in full of all sums secured by this S~'urity Instrument, Lender shall promptly refund to Borrower
any Funds held bi' Lender. If. under paragraph 21. Lender shall acquire or sell the Property. Lender, prior to tho
acqtiisition or sale of the Property. shall apply any Funds held by Lender at the time of acquisition or s~le as a crcxlit
against the sums secured by this Securi~ Instrument.
$. Application of Payments. Unl~s applicable law provides otherwise, all payments received by Lender under
paragraphs I and 2 shall be applied: first, to ~ny prepayment charges dt~: under the Note; second, to amounts payable
under paragraph 2; third, to inte~st duc; fourth, to principal due; and I~t, to any late chargm due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, as~ssments, charges, fin~s and impositions attributable to the
Property which may a/rain priority over this Security Instrument, and l~s~hold payments or ground rents, if any.
Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower
sh~ll pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all nmices of
amounts to be paid under this paragraph. If Borrower makes th~o~ payments directly, Borrower shall promptly furnish
to I.~nder r~ceipts evidencing the payments.
Borrower shall promptly dischar~ any lien ~'hich has priority over this Security Instrument unless Borrow~r: (a)
ogres in writing to th~ payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in
g;x.,d faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the L~nder's opinion
upstate to prevent the enforcement of the lien; or (c) s~cures from the holder of the lien an agrmment .satisfactory to
l.ender subordinating the lien to this Security Instrument. If Lender dt.~rmin~s that any part of the Property is subject
to a lien which may attain priority over this S~rity Instrument, Lender may give Borrower a notice identifying ~be
li~n. Borrower shall r. atlsfy the lien or take one or more of the actions set forth above within 10 days of the giving of
notice.
5. Hazard or 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 haxards.
including Iloods or flooding, for which Lander requires insurance. This insurance shall be maintained in the amounts
and f~r the pariods that Lender requires. The insurance carrier providing the insurance shall be chusen by 1½orro~ver
sub.~ect to Lender's approval .which shall not be unreasonably ~'{thheld. If Borrower fails to maintain coverage described
abr)x'e, l.ender ma). at Lender's option, obtain coverage to protect Lender's rights in the Proparty in accordance with
paragraph 7.
All insuranc~ poiicies ~ud renewals shall be acceptable to Lender and shall include a standard mortgage clanse
I.ender shall have the fight to hold the policies and rene~vals. If Lender requires, Borrower shall promptly give to
Lender all receipts of paid premiums and renewal notice. In the event of loss, Borrower shall give prompt notice to the
in.qurance carrier and l.ender, lender may make proof of loss if not made promptly by Borrower.
· Unless [.ender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair
of the Prope~y damaged, if ~be restoration or repair is economically feasible and Lender's security is not lessened. If the
restoration or repair is not economically legible or Lender's security would be lessened, the insurance proceeds shall be
applied to the m~ms secured by this Security instrument, whether or not then due, with any excess paid to Borrower. If
Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the prOCeeds to repair or
restore/he Property or to pa)' sums secured by this Security Instrument. whether or not then due. The 30-dsy periud will
begin when the notice is given.
[.'nicks 1 .ender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
Vx)stl'xme the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments,
If under paragraph 21 the Property is acquired by Lender. Borrower's right to an)' insurance policies and proceeds
resulting from damage to the Property pr[or to the acquisition shall pass m Lender to the extent of the sums secured by
this Security Instrument immediately prior to the acquisition.
6. Occupancy, Preservation. Maintenance and Protection of the Property; Borrower's Loan Application:
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's princlpal re~idsnce within sixty days
after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one 3'ear after the date of occupancy, units Lender otherwise agrees in writing, which conset{t shall
not he unreasonably wlthbeld, or unless extenuating circumstances exist which are beyoud Borrower's control. Borro~v~r
shall m)t destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Prbparty.
Itr~rrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in 1.ender's
g~a;d faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this
Security Instrument or Lender's security inter~t. Borrower may cure such a default and reinstate, as provided in
paragraph 18. by causing the action or proceeding to be dismissed with a ruling that, in Lender's go~)d faith
determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien
created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, dt~fing
~he loan application process, gave matefi~lly false or inaccurate information or statements to Lender (or failed to
prr)vide Lender with any material information) in connection with the loan evidenced by the Note, including, but
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 with all the provisions of the lea~e. 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.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the
I'r.perty (s~)ch a.s a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laxYs or
regulations), then Lender ma)' do and pay for whatever is nec~aary to protect the value of the Proper~y and lvender's
rights in the Property. Lender's actions may include paying any sums secured by a llen which has priority over this
Security Instrument, appearing in court, paying reasonable attorneys' fe~s and entering on the Property to make repairs.
Although Iaender may take action under this paragraph 7, Lender does not have to do so.
An)' amounts disburr~i by Lender under this paragraph 7 sba[I become additional debt of Borrower secured b!' this
.~urity Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest
from the daze of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower
requesting payment.
8. Mortgege Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Secufity Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any
reason, the mortgege insurance coverage required by Lender laF~s or ceases to be in effect, 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 approved by Lender. If subetantially equivalent mortgage insurance coverage is nnt available,
I~)rrower shall pay to Lender each month ~ sum equal to one-twelfth of the yearly mortgage insurance premium being
paid by Borrower when the insurance coverage lap~xt or ceased m be in effect. Lender will accept, use and retain these
payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,
3039 90
sOo~i414 ~..~27
17. Transfer of thc Property or a Bcnefici. I Interest in Borrower. If ell or ~ny port of tbe Propor~y or any
inter~t in il is ~ld or transf~r~ (or if a ~neficlal imer~l in ~rrower is ~ld or transferred and ~rro~'er is not
all sums s~ur~ by xhis Security Instrument. However, this option shall not ~ exemi~ by Lender if exerci~
prohibited by federal law as of the date of this Security Instrument.
of not I~s than 30 days from tbe ~te the notice is &liver~ or m~iled within which Borro~ver must ~y ail sums
enforcement of lhis S~urity I~trument di~on~in~ at any time prior to the ~rlier of: (a) ~ ~ys (or s~h other ~rlod
as applicable law may s~ify for rd~ment) ~gore ~le of the Pro~y pumuanl to any ~wer of ~le ~n~ined in
~rrower: (a) ~ys Lender all sums which th~ would ~ due under ~s ~ufity I~trument and the Note as il no
by Ik)rroxver this S~urJty Inszrumen~ and the obligations ~ur~ hereb3 shall ~main ~ully effective ~s ff no acce~eratinn
19. Sale of Note; Change of Lo~n Servicer. The No~ or a ~rtial inzer~t in the Noir (together with this Secur~y
(known as the '~an Servic~~) t~t collecm monthly ~ym~ts due under the Not~ ~nd this Security Inmrument. 'l'beve
nec~ry, Borrower shall promptly ~ke all n~ rem~ial actio~ in ~or~n~ with Envi~nmen~l Law. As ~d in this ~ragraph ~, 'Haza~o~ Su~nc~~ a~ th~ su~mnces &fined ~ loxic or ha~rdo~
materials..~s ~ in this ~ragraph ~. ~Environmenml ~w ' m~ f~l law~ and laws of lh~ juri~iction where the
XON-L'NII~ORM COVENANTS. ~r~wer and ~nder fu~her covenant and ag~ ~ followm
under poragrapB 1~ units* ~pplie~ble I~w provides otherwise). Lender sh~ll holily Borrower oL ~mong other
thin~s: (~) lhe default; (b) lhe ~ctiou r~quirod lo cure lhe default; (e) when the default must be cured; ~nd (d~
0o i4i4 , - 228
23, Waivers. Borrower, m the extenl permitted by applicable law, waives and releas~ any error or dcfe~ts iii
proc~ings to enforce this S~urity l~trument, and hereby waiv~ the ~nefit of any print or futu~ lasvs providing
24. Reinstatement Pcri~. ~rrower's :ime to reinstate provi~ in ~graph 18 shall ex,end to one hour prior
to the corn mcncement of b/~ing at a sheriff's ~le or other ~]e pu~ant to ~his ~uri~y Instrument.
25, Purchase Money Mortgage. If any of the debt ~urM by this ~urity l~tmmem is I~nt to ~rrower m
acquire title to the' Pro~rty. Rhls ~uri:y I~m~t shall ~ a purch~e m~ey mortgage.
the Note or in an action of mortgage for~l~ure shall be the rate ~yablc from time m time under the Nom.
amend and supplement the ~ve~nts and agreemen~ of this ~ufity l~tromem as if ~he rider(s) were a ~rt of this
S~utity I~trumem. [Ch~k a~li~ble ~x(~)~
Adj~ble RaIe Rider ~ Condominium Ri&r ~ 1-4 Family Rider
Graduat~ Paymem Rider ~ ~anned Unit ~velopmem Rider ~ Biw~kl}' Paymem Ri&r
Balloon Rider ~ Ra~ Im~ovemen[ Rider ~ 5~ond Home Rider
~ V.A. Rider ~her(s) [s~if~ ]"
SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this S~curity
In~:rume~t and in any rider(s) executed by Borrower and recorded~,.~th it.
~t ne~sse~ ~.~~~ ~'~ .(Seal)
(Seal}
(see) (sea~}
Certificate of Residence
I, , do hereby certify that the correct
address of the within-named Mortgagee is 2000 OXFORD DRIVE, 3RD FLOOR. 8ETHEL P~RK. PA 1510~
VGtnean m3 hand this da)' of
known to me (or satz~actort~T~
wh~ name /~ su~d to the within inst~m~t and acknowledged that
the person
IN WITNE'SS WHEREOF. I h~'~unto set my ~nd and official seal,
My Commi&sion F~pires:
B00Ki414n~ ~
EXHIBIT 'A'
ALL THAT CERTAIN HOUSE AND TRACT of ground situate in the ~st Ward of the
Borough of Meohanicsburg, Cumberland County, Pennsylvania, bounded and
described in accordance with a survey im'epored by GerrJt J. Betz Associates, Inc.,
Engineers and Surveym's, dated June 19, 1985 as follows, to wit:
BEGINNING at a nail on the Northern building line oJ West Keller Street, being 19.41
feet by some from South Frederick Street and at the center line of a double b~ick
dwelling house: thence by the northern line o! West Keller Street, South 86 degrees
18 minutes 00 seconds West, a distance of 21.00 feet to a pin; thence North 03
degrees 42 minutes 00 seconds West, a distance of 160.00 feet to o pin on the
sauthe~n line of a 12 foot alley; thence along said alley, Nodh 86 degrees 18 minutes
00 seconds East, a distance of 3.05 feet to a pin on said alley; thence South 03
degrees 42 minutes 00 seconds East, a distance of 50 feet to a pin; thence North 86
degrees 18 minutes 00 seconds East, a distance of 11.32 feet to o pin: thence South
09 degrees 27 minutes 00 seconds East, cz distance of 66.17 feet to a pin; thence
south 03 degrees 42 minutes 00 seconds East, a distance of 44.16 feet passing
through the center of a partition wall, to the Northern building line of West Keller
Street, the point and place of BEGINNING.
HAVING THERE~:)N ER EC"TEg the western 'A of a two-story double ~ck ~i~ ~, ..,
kn~n and numbere~ as 102 West K~ler Street, ~, Po. 17055. ,,~ ~,~..~' .;~'
, oo :1.4:1.4 .230
VEKIFICATION
The undersigned, and duly authorized representative of Plaintiff, deposes and says subject
to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities that the
facts set forth in the foregoing Complaint in Mortgage Foreclosure are tree and correct to her
information and belief.
TERESA swrrZER
~ VIGE pRE$1OENT
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01542 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NATIONAL ASSOCIATION
VS
BILGER THOMAS J
SHANNON SUNDAY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to
says, the within COMPLAINT - MORT FORE was served upon
BILGER THOMAS J
DEFENDANT , at 0013:13
at 223 COCKLEYS DRIVE
MECHANICBURG, PA 17055
THOMAS BILGER
a true
NOTICE
the
HOURS, on the 19th day of March , 2001
by handing to
together with
and attested copy of COMPLAINT - MORT FORE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.82
Affidavit .00
Surcharge 10.00
.00
34.82
Sworn and Subscribed to before
me this 27~ day of
;Prothonotary '
SO Answers
R. Thomas Kline
03/21/2001
GRENEN & BIRSIC
Deputy Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL
ASSOCIATION,
CIVIL DIVISION
Plaintiff,
NO.: 01-1542 CIVIL TERM
THOMAS J,
BILGER,
TYPE OF PLEADING:
PRAECIPE TO SETTLE AND
DISCONTINUE WITHOUT PREJUDICE
Defendant.
FILED ON BEHALF OF
PLAINTIFF: PNC
Bank, National Association
COUNSEL OF RECORD
FOR THIS PARTY:
Kristine M. Anthou, Esquire
Pa. I.D. # 77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL CIVIL DIVISION
ASSOCIATION,
Plaintiff, NO.: 01-1542 CIVIL TERM
vs.
THOMAS J. BILGER,
Defendant.
TO:
SIR:
PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE
PROTHONOTARY
entered on March 16,
Kindly settle and discontinue without prejudice the above-captioned
2001 and mark the docket accordingly.
BY:
GRENEN & BIRSIC, P.C.
At~t~rneys fore-Plaintiff
Sworn to and subscribed before me
Notary Public
COMMONWEALTH OF PENNSYLVANIA
palficia A. Townsend, N~a~ Pubic
City Of Pittsburgh, Allegheny County
My Commission ~res June 2, 2007