HomeMy WebLinkAbout12-3162IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
CIVIL DIVISION
NO.: /)- 31a
TYPE OF PLEADING
?, ?/ z __7A1T_e2_7
CIVIL ACTION-COMPLAINT
IN MORTGAGE FORECLOSURE
TO DEFENDANTS
You are hereby notified to plead to the ENCLOSED
COMPLAINT WITHIN TWENTY (20) DAYS
FROM SR/,ICE HEREOF
n
ATTORNEY FOR PKAINTIFT
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
2695 Philadelphia Avenue
Chambersburg, PA 17201
AND THE DEFENDANTS IS:
Chad E. Kelley:
14327 Cumberland Highway
Orrstown, PA 17244
FILED ON BEHALF OF PLAINTIFF:
Orrstown Bank
COUNSEL OF RECORD FOR THIS
PARTY:
Daniel J. Birsic, Esquire "2
tl- r .?
Pa. I.D. # 48450 T' W
rriW ' C
GRENEN & BIRSIC, P.C.
One Gateway Center t == -_'
Ninth Floor - (-)
Pittsburgh, PA 15222
(412) 281-7650 =
Nicole M. Kelley:
332 High Mo t#in Road
Shippensb PA 1725y? j?
ATT(*IEY FOR PLAINTIFF
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
332 High Mountain Road, South Newton Townshi
(CITY, BOR?OWNSHIP,WARD)
r f r.", f
.r
ATTORNEY FOR PLAINTI
OJ;_
J /03. 7 S/' ?
a- /3y0s77
A#:- ;- 775;???
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff,
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
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
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff,
NO.:
VS.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE
Orrstown Bank, by its attorneys, Grenen & Birsic, P.C., files this Complaint in
Mortgage Foreclosure as follows:
1. The Plaintiff is Orrstown Bank, which has a place of business at 2695
Philadelphia Avenue, Chambersburg, Pennsylvania 17201 and is authorized to do business in the
Commonwealth of Pennsylvania.
2. The Defendants, Chad E. Kelley and Nicole M. Kelley, are individuals whose last
known addresses is 14327 Cumberland Highway, Orrstown, Pennsylvania 17244 and 332 High
Mountain Road, Shippensburg, PA 17257, respectively.
3. On or about May 18, 2006, Defendants executed a Note in favor of Plaintiff in the
original principal amount of $158,400.00. A true and correct copy of said Note is marked
Exhibit "A", attached hereto and made a part hereof.
4. On or about May 18, 2006, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $158,400.00 on the premises hereinafter described, said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on June 1, 2006 in Mortgage Book
Volume 1952, Page 3988. 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 November 1, 2011 payment.
7. On or about August 5, 2011 and March 22, 2012, Defendants, Nicole M. Kelley
and Chad E. Kelley, respectively were mailed Notices of Intention to Foreclose Mortgage in
compliance with Act 6 of 1974, 41 P. S. §101, et seq.
8. The amount due and owing Plaintiff by Defendants as of March 13, 2012 is as
follows:
Principal $147,707.13
Interest to 3/13/12 $ 4,399.06
Late Charges to 3/13/12 $ 250.80
Escrow Balance ($ 642.11)
Suspense Funds ($ 216.60)
Appraisal Fee $ 175.00
Attorney's fees $ 725.00
Foreclosure Costs $ 353.75
TOTAL $152,752.03
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $152,752.03 with interest thereon from March 13, 2012 at the fixed rate equal to 6.625% per
annum, resulting in a per diem of $26.12645, 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. Birsic, squire
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"
May 18, 2006
[Date]
NOTE
SHIPPENSBURG, PA
[City / State]
332 HIGH MOUNTAIN ROAD, SHIPPENSBURG, PA 17257
[Property Address]
1. BORROWER'S PROMISE TO PAY plus interest, to the order of
in return for a loan that I have received, I promise to pay U.S. $158,400.00 (this amount is called "Principal'), p
the Lender. The Lender Is ORRSTOWN BANK. I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive
payments under this Note is called the "Note Holder."
2. INTEREST
interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay Interest at a yearly rate of 6.625%.
The Interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section BIB) 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 tat day of each month beginning on July 1, 2006. 1 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 June 1, 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 ORRSTOWN BANK, KING STREET OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG,
PA 17257 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
my monthly payment will be in the amount of U.S. $1,014.25.
4. BORROWER'S RIGHT TO PREPAY
PrepaymenPrepayment
if have
I have the Preayme t, payments
ell the Note Holder In writing thateI am doing so. may ofd Principaapaymentl only is
When I make a Prep Y
not made all the monthly payments due under the Note.
and v epn81sdto the
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. mhePNroottea`Holldrerto will us my Prepaym
ued reduce the amount Principal that I owe under this my Prepayment Htoh educe Holder may
Principal amt unt of the Note. If i make a partial Prepayment,
interest the Prepayment amount, before applying Y
there will ll be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges charge shall be
reduced
by the collected or to be collected in connection o the permitted limit; and V any sums already collected f om Imenwhich exceeded permitted limits will
amount necessary to reduce the charge
partial Prepayment. under this Note or by making a direct
be refunded to me.
a refundteduaesrPrimay chose to make ncipal,the reduction will be treated as reducing the Principal I
payment to me
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments d the full a
the
afte
15 calen
the and of
ly payment
mont
any
date If the Note Holder has Holder.BThe amounttof the cha ge willhbe fi 000% of my overdue payment ofdprinc palrand into est!s Idwill payilthis
pay a late charge to the Not
late charge promptly but only once on each late payment.
Form 3200 1101
MULTISTATE FIXED RATE NOTE--Single Family-Fannie Mae[Freddie9 a' o UNIFORM INSTRUMENT
Page
(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 ail 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 mall 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 1 am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person Is fully and personally obligated to keep all of the promises made in this Note,
including the promise to pay the full amount owed. Any person who Is a guarantor, surety or endorser of this Note is also obligated to do these
things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated
to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against
all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor, "Presentment" means
the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to
give notice to other persons that amounts due have not been paid.
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 1 make In this Note. That Security Instrument describes how and
under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are
described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and
a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment
in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is
prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less
than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by
this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
PAY TO THE ORDER OF
;OIRWN CHAD E KELLEY - Borrower
NJC
CE SIDENT
MULTISTATE FIXED RATE NOTE--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01
Page 2 of 2
WITHOUT RECOURSE (Seel)
EI?TIOR
KELLEY - Borrower
[Sign Original Only)
EXHIBIT "B"
Parcel Identification
Number:
JUIV 1
RECORDATION r?0 all 10 26
REQUESTED BY.-
ORRSTOWN BANK
KING STREET OFFICE
77 EAST KING STREET
P 0 BOX 250
SHIPPENSBURG,PA
17257
WHEN RECORDED MAIL
TO:
ORRSTOWN BANK
77 EAST KING STREET
P.O. BOX 250
SHIPPENSBURG,PA
17257
SEND TAX NOTICES TO:
ORRSTOWN BANK
77 EAST KING STREET
P.O. BOX 250
SHIPPENSBURG, PA
17257
[Space Above This Line For Recording Date)
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 May 18, 200e, together with all Riders to this
document.
(B) 'Borrower" is CHAD E KELLEY and NICOLE M KELLEY. Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is ORRSTOWN BANK. Lender is a organized and existing under the laws
of Pennsylvania. Lender's address is KING STREET OFFICE, 77 EAST KING STREET, P 0 BOX 250, SHIPPENSBURG,
PA 17257. Lender is the mortgagee trader this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated May 18, 2006. The Note states that Borrower
owes Lender One Hundred Fifty-eight Thousand Four Hundred S 00/100 Dollars (U.S. 4158,400.00) piss interest.
Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than Juror 1,
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):
0[ Adjustable Rate Rider a Condominium Rider Q Second Home Rider
0 Balloon Rider a Planned Unit Development Rider a Other(s) [specify) _
a 1-4 Family Rider a Biweekly Payment Rider
(H) 'Appllcabla 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,
if) "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 sesociation or similar
organization.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or
similar paper instrument, which Is Mated 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 hems' means those Items that are described in Section 3.
(L) "Miscellaneous Proceeds' means any compensation, settlement, award of damages, or proceeds paid by any third
party (other than Insurance proceeds paid under the coverages described in Section 5) for: (1) damage to, or destruction
of, the Property; OU condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of
condemnation; or 00 misrepneesntstkms of, or omisslons 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.
(N) "Periedio 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.
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. S 2801 at seq.) and its Implementing
regulation, Regulation X (24 C.F.R. Pert 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.
PENNSYLVANIA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 7,9t
Page 1 of 8 tti SK } 952PG3988
(P) "Successor In krte?est of Borrower' means any party that has taken title to the Property, whether or not that party
has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and
modifications of to Note; and gi) 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 of CUMBERLAND:
Real Property tax Identification number is 41-13-0110.019.
SEE ATTACHED
which currently has the oddreas of 332 HIGH MOUNTAIN ROAD, SHIPPENSBURG, Pennsylvania 17157 ("Property
Address"):
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 Iswtullyselad 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 end 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 Larder covenant and agree as follows:
1. Payntamt of Principal, kinnist, Escrow Rama, P?epayrtent Chrga, and Lett Charges. Borrower shall pay
when due the principal of, and hhtsreet on, the debt evidenced by the Note and arty prepayment charges and late
charges due under the Note. Borrower shall Woo pay funds for Escrow Items pursuant to Section 3. Payments due
under the Note and this Security Instrument shag 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 arty or all subsequent payments due under the Note and this Security instrument be made in one or more of
the following fours, as selected by Lander: (a) cash; (b) money order; Ic) owtified check, bank check, treesurer'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 dote, then Lender need not pay Interest on unappgsd funds. Lander 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. Appticodon of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted
and applied by Lender shall be applied M the fotowkhg 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 than to reduce the principal balance of the Note.
If Lander receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount
to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. It more than
one Periodic Payment Is outstanding, Lander may apply arty payment received from Borrower to the repayment of the
Periodic Payments if, and to the extent that, each payment can be paid in fug. To the extent that any excess exists
after the payment it applied to the full payment of one or more Periodic Payments, such excess may be applied to any
late charges due. Voluntary prepayments shag be applied first to any prepayment charges and then as described in the
Note.
Any appketlon 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 Eswow Run. Borrower shag pay to Lander on the day Periodic Payments are due under the Note,
until the Note to paid in full, a sun (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; ire premiums for any and aA insurance required by Lender
under Section 5; and (d) Mortgage Insurance premiums, It any, or any sums payable by Borrower to Lender in lieu of the
payment of Mortgage insurance premiums In accordance with the provlslons of Section 10. These Items are called
"Escrow items.' At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments
shell be an Escrow Item. Borrower shag promptly furnish to Lander all notion of amounts to be paid under We Section.
Borrower shall pay Lender the Funds for Escrow Items union Lender waives Borrower's obligation to pay the Funds for
any or an Escrow Items. Lender may wehro Borrower's obligation to pay to Lender Funds for any or all Escrow Items at
any time. Any such waiver may orgy 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, shag furnlsh to Lender receipts evidencing such payment within such thme period as Lender may
require. Borrower's obligation to make such payments and to provide receipts shell for all purposes be deemed to be a
covenant and agreement contained in this Security instrument, as the phrase 'covenant and agreement' is used in
Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower falls to pay the
amount due for an Escrow Item, Lather may exercise Its rights under Section 9 and pay such amount and Borrower
shell then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any
or all Escrow hems at any time by a notice given In accordance with Section 15 and, upon such revocation, Borrower
PENNSYLVANIA-Single Family-FareNe Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101
Page 2 of 8 initials:
J
S?
8 19S2PG3989
shall pay to Lander all Funds, and in such amounts, that are then required under this Section 3.
Lander may, at any time, collect and hold Funds In an amount (a) sufficient to permit Lander 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 Lew,
The Funds shell be held in an Institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, If Lender is an institution whore deposits are so insuredl or In any Federal Home Loan Bank. Lender
shall apply the Funds to pay the Escrow Items no later then 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 hems,
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 Lew 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. Lander 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 shag 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 then 12 monthly payments. If there is a deficiency of Funds
held in escrow, as defined under RESPA, Lander shall notify Borrower as required by RESPA, and Borrower shall pay to
Lander 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, Lander shall promptly refund to Borrower any
Funds held by Lender.
4. Charges; Lions. Borrower shall pay all tax", assessments, charges, firms, and Impcaidons attributable to the
Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, If
arty, 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 pro~ In Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unions Borrower: (a)
agrees in writing to the payment of to obligation secured by the lien in a manner acceptable to Lander, but only so long
as Borrower Is performing such agreement; (b) contests the Tien in good faith by, or defence 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 Lander subordinating the hen to thin Security InstrumeM. If Lender determines that any part
of the Property is subject to a Ran which can attain priority over this Security Instrument. Lender may giro Borrower a
notice identifying the lien. Within 10 days of the data on which that notice is given, Borrower shall satisfy the lien or
take one or more of the actions set forth above In this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service
used by Lender in connection with this Loan.
5. Property Insurace. 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 otter 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 perkMs that Lender requires. What Lander requires purulent 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: (e) a one-time chugs for flood
zone determination, certification and tracking services; or (b) a ore-time charge for flood zone determination and
certification services and subsequent charges each time remapplogs or similar changes occur which reasons* 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 resuhing
from an objection by Borrower.
If Borrower falls 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 Lander, 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 beer Interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice
from Lander to Borrower requesting payment.
All insurance policies required by Lander and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and shah name Lender as mortgagee and/or as an
additional loss payee. Lander shall have the right to hold the policies and renewal certificates. It Lander requires,
Borrower shall promptly give to Lander all receipts of paid premiums and renewal notices. If Borrower obtains any form
of Insurance coverage, not Worwise required by Lender, for damage to, or destruction of, the Property, such policy
shall include a standard mortgage clause and shah name Lander as mortgages and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the Insurance carrier and Lender. Lander may make
proof of doss 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 Lauder, 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, Lander shah have the right to hold such insurance proceeds until Lender has had an
opportunity to inspect such Property to ensure the work has been completed to Lancer's satisfaction, provided that
such Inspection shall be undertaken promptly. Lander 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 saminge on such proceeds. Fees for pules adjusters, or other third parties, retained by Borrower shall
not be paid out of tie 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, of any, paid to Borrower. Such
insurance proceeds shag 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 Larder that the Insurance carrier has offered to
settle a claim, then Lauder may negotiate and settle the claim. The 30-day period will begin when the notice Is given.
In eider event, or if Lender acquires the Property under Section 22 or otherwise. Borrower hereby assigns to Lander lai
Borrower's rights to any insurance proceeds In an amount not to exceed the amounts unpaid under the Note or this
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30 101
Page 3 of 8 Initialer
l \?
BK 19 52FIG1-3" 990
Security Instrument, and (b) any other of Borrower's rights father 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 shag occupy, establish, and use, to Property as Borrower's principal residence within 60
days after the execution of this Security instrument and shag continue to occupy the Property as Borrower's principal
residence, for at least one year after the data of occupancy, unless Lender otherwise agrees in writing, which consent
shall not be unreasonably withhsW, or unless extenusting circumstances sxlat which are beyond Borrower's control.
7. Preservegon, MaMftadamce and Protection of the Property, kepastions. Borrower shall not destroy, damage or
impair the Property, allow the Property to deteriorate or oormmit waste on to Property. Whether or not Borrower Is
reakfing 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 6 that repair or restoration is not
sconomfcaly 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
shell be responsible for repairing or restorkV the Property only It Lender has released proceeds for such purposes.
Lender may disburse proceeds for the repaks and restoration in a single payment or in a aeries of progress payments as
the work In 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 aMries upon and inspections of the Property. If it has reasonable cause,
Lender may Inspect the interior of to Improvements on to Property. Lender shall give Borrower notice at the time of
or prior to such an Interior Inspection speclfybV such reasonable caws.
8. Borrower's Lan Appleadon. 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, misMadkp, or inaccurate Information or statements to Lender (or failed to provide Lender with material
Information) In conneectlon with the Loan. Materiel 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 On Property and RWMM Under this Security Instrument. If (a) Borrower fails
to perform the covenants and agreements contained In this Security Instrument, (b) there Is a legal proceeding that
might significantly affect Lender's Interest in the Property and/or rights under this Security Instrument isuch as a
proceeding in bankruptcy, probate, for cordamrutlen or forfeiture, for enforcement of a lien which may attain priority
over the 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 ad/or assessing the value of the Property, and securing and/or
repairing the Property. Lender's actions can Include, but are not limited to: ie) paving any suns secured by a Ilan which
has priority over this Security Instnanert; fb) appearing In court; and (c) paying reasonable attorneys' fees to protect its
interest In the Property and/or rights under We Security instrument, including its secured position in a bankruptcy
proceeding. Securing the Property includes, but is not lmled to, entering the Property to make repairs, flange locks,
replace or bard up doors and windows, drain water from pipes, eliminate )wilding or other code violations or dangerous
conditions, and have udlites turned on or off. Although Lender may take action under this Section 9, Lander does not
have to rte 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 sod" authorized under this Section 8.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrument. These amounts shelf bear interest at to Note rate from the date of disbursement and shall be
payable, with such interest, upon notice from Lander to Borrower requesting payment.
If this Security Instrument is on a easshold, Borrower shall comply with all the provisions of the lease. If Borrower
acquires fee, this 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 to 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 to amount of the separately designated payments that were
due when the insurance coverage oessed to be In affect. Lander will accept, use and retain these payments as a
non-rsfundsbe toss reserve in Hsu of Mortgage, Insurance. Such kes reserve shall be non-refundable, notwithstanding
the fact that the Loan is ultimately paid in hag, and Lender shell not be required to pay Borrower any interest or earnings
on such lose reserve. Lander can no longer require Was reserve payments it 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 madding 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-rahadabe loss reserve, until Lender's requirement for
Mortgage insurance ends in accordance with any written agraenam between Borrower and Lender providing for such
termination or until termination is required by Applicable Law. Notting in this Section 10 effects Borrower's obligation
to pay interest at the raw provided In the Note.
Mortgage Insurance reimburses Lender (or any entry that purchases the Note) for certain losses it may incur if
Borrower do" not repay the Loan as agreed. Borrower is not a parry to the Mortgage Insurance.
Mortgage Insurers evaluate their total risk on all such Insurance in force from time to time, and may enter Into
agreements with otter parties that share or modify their risk, or reduce losses. These agreements are on terms and
corxgtons that are satisfactory to the mortgage Insurer and the other party for parties) to these agreements. These
agreements may require the mortgage Insurer to make payments using any source of funds the the mortgage insurer
may have available (which may kwAxle funds obtained from Mortgage Insurance premiums).
As a result of Ouse agreements, Under, any purchaser of to Now, 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 modifyft 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 shays of the premiums paid to the Insurer, the arrangement is often termed "captive
reinsurance." Further:
(a) Any such swooments will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or
any other toms of the Loan. Such agreements Will not Increase the amount Borrower will owe for Mortgage Insurance.
and they will not entitle Borrow or to any refund.
(b) Any such agrae,nrents wil not afhoct the rights Borrower has - If any - with respect to the, Mortgage Insurance
PENNSYLVAMA-Single FamilyFarW Moo/Freddie Mac UNIFORM INSTRUMENT Form 30 ?9 lloll
Page 4 of 8 Initieisr
BK 1952PG399 I
under to Homeowners Protection Act of 1898 or any otiwr law. These right may Yrckds the right to reoalve carmen
disclosures, to request and obtain cenceledort of On Al rtpape insurance, to haw the Mortgage Insurance tannkrated
eutomatbaYy, and/or to roe" a rePond of any Mortgage insurance premkums tint were unearned at the tine of such
cancellation or torminalion,
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and
shalt 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 loosened. During such repair and
restoration period, Lender shall have the right to hold such MlaceNaneous Proceeds until Lender has had an opportunity
to inspect such Property to ensure the work has been completed to Lader'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 App cable Law requires
Interest to be paid on such Miscal ersous Proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such Miscellaneous Proceeds. It 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 lose In value of the Property, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whetter or not then due, with the axcass, 11 any, paid to
Borrower.
In the event of a partial taking, destruction, or toss 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 Lander otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
amount of the Miscellaneous Proceeds muMpl(ed 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 kes In value. Any balance shall be paid to Borrower.
In ft event of a partial taking, destruction, or lose 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 lose than the amount of the sums secured
Immediately before the partial taking, destruction, or lose 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 we 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 suns 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 It 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 Instrurnant. Borrower can ours such a default and, If acceleration has occurred, reinstate as
provided in Section 18, 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; Forbearw 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 shah 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 payment from third
persons, entities or Successors in Interest of Borrower or In amounts lose than the amount then due, shall not be a
waiver of or preclude the exercise of any right or remedy.
13. Jolt and Several Liability; Co-signers; Successors and Assigns Bard. 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"1: (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 ideas Lander agrees to such release in writing. The covenant and agreement of this
Security instrument shall bind (except as provided In Section 20) and boneflt the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed In connection with Borrower's
default, for the purpose of protecting Lender's Interest In the Property and rights under this Security Instrument,
Including, but rot 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 e
prohibition on the charging of such fee. Lender may not charge tees that are expressly prohibited by this Security
instrument or by Applicable Law.
if the Loan Is subject to s 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 ban charge shell 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 Nm(ts will be refunded to Borrower. Lender may
choose to make this refuel by reducing the principal owed under the Note or by melting 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 rotund made
by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such
overcharge.
15. Noticss. All notices given by Borrower or Lender In connection with this Security Instrument must be in
PENNSYLVANIA-Singla Family-Ferele Mw/Freddie Mac UNIFORM INSTRUMENT Form 30
Page 5 of 8 Initials.
0-\
gv 1.952FG3992
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 Sorrower's notice address if sent by other
means. Notion to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The radon address shall be the Property Address unless Borrower has designated a substitute notice
address by notice to Lender. Borrower shop promptly notify Lender of Borrower's change of address. If Lender specifies
a procedure for reporting Borrower's change of address, than Borrower shall only report a change of address through
that specified procedure. Thera may be only one designated notice address under this Security Instrument at any one
time. Any notice to Landes shall be given by delivering It or by mailing it by first close mail to Lender's address stated
herein unless Lender has designated another address by notice to Borrower. Any notice In connection with this Severity
Instrument shall not be deemed to have been given to Lefler until actually received by Lender. If any notice required by
this Security Instrument is also required under Applicable Lew, the Applicable Law requirement will satisfy the
corresponding requirement under this Security Instrument,
18. Governing Law: 8everadllty: Runts of Construction. This Security Instrument shall be govemed by federal law
and the law of the jurisdiction In which the Property is located. AN rights and obligations contained in this Security
Instrument are subject to any requirements and 11mitatlons of Applicable Law. Applicable Law might explicitly or
Implicitly allow the parties to agree by contract or it might be Want, 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 Lew, 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 gander 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
verss; and (c) the word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shell be given one copy of the Note and of this Security instrument.
18. Transfer of the Property or a tenAciN Interest In Borrower. An 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 dead, Installment sales contract or escrow agreement, the intent of which is
the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property Is sole) or transferred (or If Borrower Is not a natural
person and a beneficial Interest In Borrower is sold or transferred) without Lender's prix written consent, Lander may
require immediate payment in full of all sums seared by this Security Instrument, However, this option shall not be
exercised by Lander If such exercise Is prohibited by AppNcsbla Law.
If Lander exorcNes this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less then 30 days from the data the notice Is given In accordance with Section 15 within which Borrower must
pay all sums secured by this Security Instrument. If Borrower falls to pay they 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.
18. Borrower's Right to Rebuts% Aft Acceleration. If Borrower meats certain conditions, Borrower shell have
the right to have enforcement of this Sea^ 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 Lew might specify for the termination of Borrower's right to reinstate; or to) entry of a judgment enforcing
this Security Instrument. Those conditions are that Borrower: W pays Lender all sums which them would be dubs 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 M enforcing this Security Instrument, including, but not limited to,
reasonable attorneys' fees, property Inspection and valuation teas, and other fees Incurred for the purpose of protecting
Lender's Interest in the Property and rights under We 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 seem seared by this SsouAry Instrument, shall continue unchanged. Lander may
require that Borrower pay such reinstatement sums and axpsnses In ons or more of the following forms, as selected by
Lander: (a) cash; (b) money order; (c) osrtifled check, bank cheek, 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 rakstatamsnt 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. Sao of Note Charge of Loan Swviear: Notice of Griwanoo. The Note or a partial interest in the Note
(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might
result in a change in the entity (known as the 'Loan Servicer') that collects Periodic Payments due under the Note and
this Security Instrument and performs other mortgage ban servicing obilgations under the Note, this Security
Instrument, and Appkable Law. There also might be one of more changes of the Loan Servicer unrelated to a sale of
the Note. If there is s change of the Loan Ssrvicer, Borrower will be given written notice of the change which will state
the name and address of the new Loan Service, 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 ban servicing obligations to
Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servioer and are not assumed by the
Note purchaser unless otherwise provided by the Note purchase.
Neither Borrower no l wWw may commence, join, or be joined to any judicial action (as either an individual litigant
or the member of a clue) 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 s reasonable period after the giving of such notice to
take corrective action. It AppNoobie Law provides a time period which must elapse before certain action can be taken,
that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant
to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section
20.
21. Hasardous Subateaes. As used in this Section 21: (s) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollubrtU, or wastes by Environmental Law and the following substances:
gasoline, kwasens, 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 jwisdicdon where the Property Is located that relate to health, safety or environmental protection; Ic)
'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
PENNSYLVANIA-Single Family-Fannie Mae/Fredcle Mac UNIFORM INSTRUMENT Form 3038 1101
Page a of 8 Initials:-(
BK 1 952PG3993
to do, anything affecting the Property (a) that le 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 email 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 shag 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 barns, or Is notified by any governmental or regulatory authority, or any private party, that any removal or
other remedistlon of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions In accordance with Environmental Low. Nothing herein shall create any obligation on Lender
for an Environmental Cleanup.
NON-UNIFORM COVENANTS, Borrower and Lauder further covenant and agree as follows:
22. AooeMratdon: Remedies. Lender shsA give notice to Borrows prior to acceleration foNowkq Borrower's
breach of any covatam or appment In thle Seourky Instrument (but not prior to acceleration under Section 18 unless
Applicable Law provides otherwise). Larder shall r41Ny Borrower of, among outer things. (a) the defwAu (bl the action
required to owe the defatdt: (c) when tie default must be nnred: and Id) that left to owe the default as speoifled may
result in acceleration of the sums seared by title Security Instrument, foreclosure by JudkW proceedktg pfd sale of the
Property. Lumdsr slaty further krfor m Borrower of the right to reinstate after sooeNrstiat and the right to asow In the
foreclosure proceeding the non-existence of a default or my odw defense of Borrows to acceleration and foreclosure.
If the default is not cured as speetAed, Lander at No option may ragvke irrenMINI payment In full of aN sums secured
by life Security Insbrrnsnt without huffier dometd and may foreclose 06 Securty htstruriwd by Judicial proceeding.
Lends shall be ertHded to collect M expenses Incurred In pursuing the raneelas provided in this Section 22, Including,
but not *rdted to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums scoured 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. Wavers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or detects in
proceedings to enforce this Security Instrument, and hereby welves 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. Rekatatemsnt Period. Borrower's time to reinstate provided In Section 19 shall extend to one hour prior to
the commencement of bidding at s shoals sole or other sale pursuant to this Security instrument.
25. Purchase Msay Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to
acquire titre to the Property, this Security Instrument shall be a purchase money mortgage.
27. bitterest Rate After JudgnarK. Borrower sgrses that the interest rats payable after a judgment is entered on
the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it,
nasaea:
(Seel)
n, A 1
A ELLEY • Borrows
`?1 n (SOW)
NICOL K - Borrower
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgages, ORRSTOWN BANK, herein Is as follows:
KING STREET OFFICE, 77 EAST KING STREET, P O BOX 260, SHIPPENB`RG, PA 7
Attorney or Agent for Mortgagee
[Space Below This Line For Acknowledgment)
PENNSYLVANIA-Single Family-Fam is MselFndele Mae UNIFORM INSTRUMENT
Page 7 of 8
BK 195?PG3394
Form 3039 1/01
Initisle:?"„"
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
)SS
COUNTY OF ??/?1®e? )
thb, tla / day of 20th, before me
the ur4arsiqfied Notar ubIlc, personally appeared CHAD E KELCW
NICOLE M XELLIEY, cnown to me (or atiafsctOrliy proven) to hs person whose names are subscribed to the within
Instrument, and acknowledged that y executed the same for the purposes therein contained.
in witness whersof, I iwwmto set my hind and
Y
No*W Bed
ck o -'W'y t., Public In and for the of _
..+....v r ..?wnr?,aow,wwnwMn, N fYVa?IN
wanie1.+r.v..ueaoawew. a.wrrwwa..w.aa. W*.?+.w..rr,.rcixwwoucmla -n
PENNSYLVANIA-Single Family-Fannis Mee/Freddie Mac UNIFORM INSTRUMENT
Page 8 of 8
Form 3039 1101
Inhfals:
9K ! 952PG3995
Schedule "A"
ALL that certain tract of land situate in South Newton Township, Cumberland
County, Pennsylvania, together with improvements erected thereon known as 332 High
Mountain Road, bounded and described in accordance with Subdivision Survey Plan for
John R. Diller prepared by Larry Vem Neidlinger, PE., dated August 4, 1981 and
recorded in the hereinafter named Recorder's Office in Plan Book 41, Page 35, as
follows:
BEGINNING at a nail set in the original centerline of 33-foot wide Township
Road T-334, known as High Mountain Road at lien of land now or formerly of Wayne
Hawkins; thence along said original centerline of 33-foot High Mountain Road, the
following three (3) courses and distances: (1) South 41 degrees 11 minutes 15 seconds
East, a distance of 122.20 feet to a point; (2) by a curve to the left having a radius of
292.15 feet, an are distance of 165.43 feet to a point; and (3) South 73 degrees 37 minutes
54 seconds East, a distance of 42.01 feet to a nail in said original centerline of 33-foot
wide High Mountain Road at the dividing line between Lots #4 and #5 as shown on said
Subdivision Survey Plan; thence along said dividing line between said Lots #4 and #5
and continuing along the dividing line between said Lot 44, and Lot #6, South 68 degrees
15 minutes 23 seconds West, a distance of 144.08 feet to an iron pin in line of land now
or formerly of Melvin Keifer; thence along line of said land now or formerly of Melvin
Keifer, North 16 degrees 53 minutes 31 seconds West, a distance of 65.00 feet to an
existing iron pin at corner of land now or formerly of Wayne Hawkins; thence along line
of said land now or formerly of Wayne Hawkins, North 48 degrees 6 minutes 32 seconds
East, a distance of 606.81 feet to a nail set in the original centerline of 33-foot wide High
Mountain Road at the place of BEGINNING,
THE above described tract of land contains 2.602 acres and is all of Lot #4 as
shown on said Subdivision Survey Plan for John R. Diller dated August 4, 1981 and
recorded as aforesaid. So much of the above described tract of land that lies within 25
feet of the original centerline of 33-foot wide Township Road T-334, known as High
Mountain Road has been dedicated as a portion of the right of way of said road as shown
on said Subdivision Survey Plan.
BEING the same real estate which Nicole M. Kelley, Chad Kelley, Richard E.
Kelley and Joyce Kelley, by their deed dated and intended to be recorded immediately
prior to the recording of this mortgage, granted conveyed unto Chad E. Kelley and Nicole
M. Kelley, Mortgagors herein.
I Certify this t?; bt rr;?. Ll"
In Cumberland County PIA
BK i ,? 2 p? 3 9 9 Recorder of Deeds
VERIFICATION
rTVf 6"VMCN'r- , VP 6aN5imyt ;,tfG7rey 11M, and duly
authorized representative of Orrstown Bank, 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.
Name: 5?e yoam?'
vsvmqt ?v?cscrnNs rIIs2
Title: V. P4 Co,
Orrstown Bank
Plaintiff(s)
VS.
Chad E. Kelley and Nicole M. Kelley
Defendant(s)
FORM 1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
-)
rri
Civil ?-C5
-C.
lD t
C_
W
? r-
t
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer you must take the following steps to be eligible for a
conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal
Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative,
at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal
representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal
representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If
you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will
prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days
of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to
be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the
appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that
a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation
conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out
reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
ed7
Respectful s mitt
Date Signature of Counsel or Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your
Please provide the following information to the best of your knowledge:
CUSTOMERIPRIMARY APPLICATION
Borrower name (s):
Property Address:
City: State: _ Zip: _
Is the property for sale? Yes ? No ? Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied: Yes ? No ?
Mailing Address (if different)
City: State:.
Phone Numbers: Home: Office:
Cell: Other:
Zip:
Email:
# of people in household: How long?
CO-BORROWER
Mailine Address:
City:
Phone Numbers:
Home:
Cell:
State:
Office:
Other:
Zip:
Email:
# of people in household: How long?
INFORMATION
FINANCIAL First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount:
Date of Last Payment:
Primary Reason for Default:
Included Taxes and Insurance:
Is the loan in Bankruptcy? Yes E] No F-1 If yes, provide names, location of court, case number & attorney:
Assets Amount Owed.
Home: $
Other Real Estate: $
Retirement Funds: $
Investments: $
Checking: $
Savings: $
Other: $
Automobile #1: Model:
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value:
Other transportation (automobiles boats, motorcycles): Model: _
Year: Amount owed: Value:
Monthly Income
Name of Employers:
1
2.
3.
Additional Income Description (not wages):
1.
2-
Borrower Pay Days:
Monthly Gross Monthly Net
Monthly Gross Monthly Net
Monthly Gross Monthly Net
Monthly Amount:
Monthly Amount: _
Co-Borrower Pay Days: _
Montniy txQenses: triease U
EXPENSE F11V II K.IUUC CAUCI IZU3 VVU ulc
AMOUNT ?u_l1c
EXPENSE
AMOUNT
Mortgage Food
2° Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other Prop. Payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Day/Child Care/Tuft. Other Expenses _
Amount Available for Monthly Mortgage Payments Based on Income and Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
Value:
Year:
Year:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Phone:
Servicing Company (Name):
Contact: Phone:
AUTHORIZATION
I/We, , authorize the above
named to use/refer this information to my lender/servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I/we
understand that I/we am/are under no obligation to use the services provided by the above
named
Borrower Signature
Date
Borrower Signature Date
Please forward this document along with the following information to lender and
lender counsel:
V Proof on income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of a current utility bill
V Letter explaining reason for delinquency and any supporting documentation
V (hardship letter)
Listing agreement (if property is currently on the market)
V Copy of 2 years of federal income tax returns
V Copy of deed
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
11, e-
! t ..i 4 !
i EE r'; a71?Cs RY
?0 12 A U G -7 Aid 9: P?2
Richard W Stewart
Solicitor
OFF ICE : '-E S"EREFF
CUMBER ANN COUNTY
E°E;%',NSYLVAN!,A
Orrstown Bank
vs. Case Number
.
Nicole M. Kelley (et al.) 2012-3162
SHERIFF'S RETURN OF SERVICE
05/25/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent sean
and inquiry for the within named defendant, to wit: Chad E. Kelley, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania to serve the within
Complaint In Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Progran
according to law.
05/29/2012 James W. Muller, Sheriff of Adams County, who being duly sworn according to law, states that on May
30, 2012 this Complaint in Mortgage Foreclosure upon defendant Chad E. Kelley is returned not serves
request for service at 14327 Cumberland Highway, Orrstown, Pennsylvania 17244 is located in Frankli
County.
05/30/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent sean
and inquiry for the within named defendant, to wit: Chad E. Kelley, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within
Complaint In Mortgage Foreclosure according to law.
05131/2012 06:48 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on ME
31, 2012 at 1848 hours, she served a true copy of the within Complaint in Mortgage Foreclosure and
Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to A
Nicole M. Kelley, by making known unto herself personally, at 25 Heckman Road, Newville, Cumberlan
County, Pennsylvania 17241 its contents and at the same time handing to her $ersonally the said true
and correct copy of the same. /1 / ) I
ICHELLE'iGU DEPUTY
06/20/2012 Franklin County Return: And now, June 20, 2012 I, Dane Anthony, Sheriff of Franklin County,
Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Chad E. Kelley
defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in
County of Franklin and therefore return same NOT FOUND. Request for service at 14327 Cumberlan
Highway, Orrstown, Pennsylvania 17244 appears vacant.
SHERIFF COST: $84.45
July 30, 2012
SO ANSWERS,
R ANDERSON, SHERIFF
ie7 CountySude Sheriff 'ielecsott, Inc.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2012-00133 T
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF FRANKLIN
ORRSTOWN BANK
VS
CHAD E KELLEY
ANGEL L LAVIENA Deputy Sheriff, who being duly swo n
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT to wit:
KELLEY CHAD E but as
unable to locate Him in his bailiwick. He therefore returns the
COMP MORT FORE ,
NOT FOUND as to
the within named DEFENDANT KELLEY CHAD E
14327 CUMBERLAND HIGHWAY
ORRSTOWN, PA 17244
HOUSE APPEARS VACANT
Sheriff's Costs: So answer
Docketing .00
Service .00
Affidavit .00 ANGEL L ENA
Surcharge .00 DANE M ANTHONY, Sheriff
.00
.00 DANIEL J BIRSIC ESQ
07/26/2012
Sworn and subscribed to before me
this day of COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
A.D. RICHARD D. McCARTY, Notary Public
• Chambersburg Boro., Franklin County
My Commission Expires Jan. 29, 2015
Notary
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2012-00133 T
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF FRANKLIN
ORRSTOWN BANK
VS
CHAD E KELLEY
ANGEL L LAVIENA , Deputy Sheriff, who being duly swo n
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT to wit:
KELLEY CHAD E but as
unable to locate Him in his bailiwick
COMP MORT FORE ,
He therefore returns the
the within named DEFENDANT
14327 CUMBERLAND HIGHWAY
ORRSTOWN, PA 17244
HOUSE APPEARS VACANT
KELLEY CHAD E
NOT FOUND , as
Affidavit .00 L LAVIENA
Surcharge .00 D E M ANTHONY, Sheriff
.00
.00 DANIEL J BIRSIC ESQ
06/20/2012
Sworn and subscribed to before me
this 626 day of Qw??
CROIA A.D.
Sheriff's Costs: So a s
Docketing .00
Service .00
rh
- ""` OtRL -
RICHARD D. MCCARTY, Nota
hambersburg Boro., Franklin ryCounty
Y Commission Expires Jan.
29, 2015
to
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff, ',
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
NO.: 12-3162 <-'
j
~ ~~~
T
e
Cam` •'
.~ r~4 ~.....
l~i~
TYPE OF PLEADING ~~ ~ rv
r-=~
MOTION FOR SERVICE OF ~ ~~-,
COMPLAINT IN MORTGAGE ._
FORECLOSURE PURSUANT T(~..~ rr~
SPECIAL ORDER OF COURT AS~TO"
CHAD E. KELLEY ONLY
FILED ON BEHALF OF PLAINTIFF:
Orrstown Bank
COUNSEL OF RECORD FOR THIS
PARTY:
Daniel J. Birsic, Esquire
Pa. I.D. # 48450
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
3 .~...
7 'e"7
-~
~ "~r
~_~
p C"3
~~
2v
.~eP
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA,
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff,
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
NO.: 12-3162
MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE
PURSUANT TO SPECIAL ORDER OF COURT
AS TO CHAD E. KELLEY ONLY
AND NOW, comes the Plaintiff, Orrstown Bank, by and through its attorneys,
& BIRSIC, P.C., and files the within Motion for Service of Complaint in Mortgage F
Pursuant to Special Order of Court as to Chad E. Kelley Only under Pennsylvania Rule of Ci~i
Procedure 430 as follows:
1. On or about May 18, 2012, Plaintiff filed a Complaint in Mortgage F
against the Defendants, Chad E. Kelley and Nicole M. Kelley, at the above-captioned num
and term.
2. On or about May 18, 2012, Plaintiff delivered to the Sheriff of Cumber
County a copy of the Civil Action -Complaint in Mortgage Foreclosure filed by Plaintiff at
above-captioned number and term along with direction cards requesting that the D
Chad E. Kelley, be served a copy of the Complaint at his last known address being 143:
Cumberland Highway, Orrstown, Pennsylvania 17244.
3. On or about June 18, 2012, Plaintiff contacted the Cumberland County Sherifil's
Office regarding the status of service and was informed that attempts were made to serve
Defendant, Chad E. Kelley, with a copy of the Complaint at his last known address being 143
Cumberland Highway, Orrstown, Pennsylvania 17244 but the property appears vacant.
4. An Affidavit of the Plaintiff stating the nature and extent of the
which has been made to determine the whereabouts of Defendant, Chad E. Kelley, and
reasons why service of the Complaint in Mortgage Foreclosure cannot be made, is
Exhibit "A", attached hereto and made a part hereof.
5. Pursuant to Cumberland County Local Rule 208.3(a)(2), no Judge has ruled
any other issue in this case or any related matter.
3. Pursuant to Cumberland County Local Rule 208.3(a)(9), the Defendant is pro ;
and not attorney has entered an appearance of record on behalf of the Defendant. Plaintiff
spoken to an agent for Specialized Loan Servicing, LLC regarding their mortgage lien but
>e
agent was unwilling to consent to releasing this lien and accordingly, would not consent to this
motion.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court direct the
of Cumberland County to serve Defendant, Chad E. Kelley, with the Complaint in
Foreclosure by posting a copy of the Complaint on the property at 332 High Mountain
Shippensburg, Pennsylvania 17257 and permit the Plaintiff to serve the Defendant by mailing a
true and correct copy of the Complaint in Mortgage Foreclosure by certified mail, return
requested and by First Class U.S. Mail, postage pre-paid to 14327 Cumberland Highway,
Orrstown, Pennsylvania 17244. Service of the Complaint shall be deemed complete and valid
upon posting by the Sheriff and mailing by the Plaintif£
GRENEN & BIRSIC, P.C.
~ -,
BY: /
Daniel J. Birsic, E uire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
__ _. ___ T
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ORRSTOWN BANK, CIVIL DIVISION ',
Plaintiff,
NO.: 12-3162
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
AFFIDAVIT PURSUANT TO PA. R.C.P. 430
COUNTY OF ALLEGHENY )
SS
COMMONWEALTH OF PENNSYLVANIA )
Before me, a notary public, in and for the foregoing county and commonwe
personally appeared Daniel J. Birsic, Esquire, of GRENEN & BIRSIC, P.C. attorneys
Plaintiff and deposes and says that the following accurately reflects efforts made to ascertain
exact whereabouts of the Defendant, Chad E. Kelley, named in the above-captioned matter:
(a) On June 18, 2012, Plaintiff mailed to the United States Postmaster at
Shippensburg, PA 17257 a request to be furnished with a forwarding
address of Defendant, Chad E. Kelley.
(b) On June 26, 2012, Plaintiff received a response from the United States
Postmaster indicating that the Defendant, Chad E. Kelley, resides at 1437
Cumberland Highway, Orrstown, PA 17244. A true and correct copy of
that response is marked as Attachment "A", attached hereto and made a
part hereof.
(c) On June 18, 2012, Plaintiff mailed to the United States Postmaster at
Orrstown, PA 17244 a request to be furnished with a forwarding address '~,
of Defendant, Chad E. Kelley.
(d) On June 20, 2012, Plaintiff received a response from the United States
Postmaster indicating that there is no change of address order on file for
Defendant, Chad E. Kelley. A true and correct copy of that response is
marked as Attachment "B", attached hereto and made a part hereof.
(e) Examinations were made of the Orrostown Area Telephone Directory;
said examination indicated that the Defendant is listed at 14327
Cumberland Highway, Orrstown, PA 17244. A true and correct copy of
that search is marked as Attachment "C", attached hereto and made a
hereof.
(f) Examinations were made of the Cumberland County Voter Registration
Records; said examination failed to yield any useful information
the whereabouts of Defendant, Chad E. Kelley.
(g) Examinations were made of the Cumberland County Tax
Records; said examination did not produce a mailing address for 1
Defendant, Chad E. Kelley. A true and correct copy of that search
marked as Attachment "D", attached hereto and made a part hereof.
(h) A computer records search of a nationwide database indicates that the
Defendant resides at 14327 Cumberland Highway, Orrstown, PA 17244.
A true and correct copy of that search is marked as Attachment "E",
is
attached hereto and made a part hereof.
Finally, affiant deposes and says that after the foregoing investigation, the Plaintijff
believes and avers that the Defendant, Chad E. Kelley, resides at 14327 Cumberland Highwa~,
Orrstown, PA 17244.
GRENEN & BIRSIC, P.C.
..-'
.~
BY: ~
Daniel J. Birsic, quire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
Sworn to an subscribed before me
this _;~~~day of , 2012.
Public
~~~.~+ of ~Nnsnva,_._vu
NoteAel Seel
pq~~rnan, Notary publk
~ItYry~Pltteburgh, MIeglleny County
oommi~aon rep Mardi 16 7A~s
~u
ATTACHMENT "A"
` Date June 18, 2012
Postmaster ~-
Shippensburg, PA 17257
Request for Change of Address or Boxholder
Information Needed for Service of Legal Process
Please furnish the new address or the name and street address (if a box holder) for the following
Name: Chad Kelley
Address: 332 High Mountain Road
NOTE: The name and last known address are required for change of address information. The name, if known,
post office box address are required for boxholder information.
The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii). There is no fee for providing
boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR
265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b.
1. Capacity of requester (e.g., process server, attorney, party representing himself): Paralegal
2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party
acting pru se - except a corporation acting pr•o se must cite
statute):
3. The names of all known parties to the litigation: Orrstown Bank vs. Chad and Nicole Kelley
4. The court in which the case has been or w711 be heard: Court of Common Pleas of Cumberland County
5. The docket or other identifying number if one has been issued: 12-3162
6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS
INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE O:
LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT I
CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID
PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS,
OR BOTH (TITLE 18 U.S.C SECTION 1001).
I certify that the above information is true and that the address information is needed and will be used solely for
service of legal process in connection with actual or prospective litigation.
Signature ~
Patty Townsen
Printed Name
Grenen & Birsic, P.C., One Gateway Center, Ninth Floor, Pittsburgh, PA 15222 (412) 281-7650
FOR POST OFFICE USE ONLY ~~' ~ ' ~~ ~~~
~~'~ . .~
No change of address order on file.
Not known at address given.
Moved, left no forwarding address
_No such address
~d~D FoP-wa~~~lt~
POSTMARK
NEW ADDRESS OR BOXHOLDEI~=S ~~ ~~ '~r~~~,
NAME and STREET ADDRESS
_~ y 3 Z7 Cumhcr 1 CLn d iaw~
~res~own a G --12~~i
~,,.
ATTACHMENT "B"
Date June 18, 2012
Postmaster
Orrstown, PA 17244
Request for Change of Address or Boxholder
Information Needed for Service of Legal Process
Please furnish the new address or the name and street address (if a box holder) for the following:
Name: Chad Kelley
Address: 14327 Cumberland Highway
NOTE: The name and last known address are required for change of address information. The name, if known, anc
post office box address are required for Boxholder information.
The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii). There is no fee for providing
Boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR
265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b.
1. Capacity of requester (e.g., process server, attorney, party representing himself): Paralegal
2. Statute or regulation that empowers me ro serve process (no± regaired ~ .hen requester is an attorney or a party
acting pro se - except a corporation acting pr•o se must cite
statutel:
3. The names of all known parties to the litigation: Orrstown Bank vs. Chad and Nicole Kelley
4. The court in which the case has been or w711 be heard: Court of Common Pleas of Cumberland County
5. The docket or other identifying number if one has been issued: 12-3162
6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant
WARNINTG
"THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS
INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE O
LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT ]
CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID
PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS,
OR BOTH (TITLE 18 U.S.C SECTION 1001).
I certify that the above information is true and that the address information is needed and will be used solely for
service of legal process in connection with actual or prospective litigation.
Signature
Patty Townsen
Printed Name
Grenen & Birsic, P.C., One Gateway Ceuter, Ninth Floor, Pittsburgh, PA 15222 (412) 281-7650
FOR POST OFFICE USE ONLY
~_No change of address order on file.
_ Not known at address given.
Moved, left no forwarding address
No such address
POSTMARK _
NEW ADDRESS OR BOXHOLDER=S
NAME and STREET ADDRESS
~w~ ~,
~~ vy~~~
?'~cu~'i
~0~
~.r ~~
ATTACHMENT "C"
Free People Search ~ WhitePages
WhitePages
Chad E Kelley
14327 Cumberland Hwy
Orrstown, PA 17244-9743
Prior: Shippensburg, PA (2012)
Claim It! »
Are you Chad? Edit your info. Connect with your neighbors.
=s~i~"
Short R[i
~xa tic ~ ~ ~® ~v'1'c~ ~ ~
http: //www.whitepages. com/name/Chad-E-Kelley/Orrstown-PA/7egnvrg
T
Page l of 1
7/5/2012
ATTACHMENT "D"
TaxDB Result Details
Detailed Results for Parce141-13-U 11 U-U 1 y. it
DistrictNo 41
Parcel ID 41-13-0110-019.
MapSuffix
HouseNo 332
Direction
Street HIGH MOUNTAIN ROAD
Ownerl KELLEY, CHAD E & NICOLE M
C/O
PropType R
PropDesc
LivArea 1176
CurLandVal 57000
CurImpVal 129900
CurTotV al 186900
CurPrefVal
Acreage 2.60
CIGrnStat
TaxEx 1
SaleAmt 1
SaleMo 06
SaleDa O 1
SaleCe 20
SaleYr 06
DeedBkPage 00274-04222
YearBlt 1985
HF File Date 11/29/2004
HF_Approval_Status A
1 the 2010 Tax Assessment Database
http://taxdb.ccpa.net/details.asp?id=41-13-0110-019.&dbselect=l
Page Y of 1
7/52012
i
ATTACHMENT "E"
Public Records -Search Results
View: Results List ~ Full 1 - 1 of 1
Find
Search: Public Records > Comprehensive Person Report > Search
Results
Terms: ssn state(ALL) radius(3O) (Edit Search ~ New
Search )
_~ _ _ _
Page l of 2
~~ ~ p:
L18
s Select for Delivery or View Checked
(~ No. Full Name Address Phone SSN
View Report Click for Additional Searches Phone Search SSN Search
~f 1. KELLEY, CHAD E 14327 CUMBERLAND HWY 717-729-5779
KELLEY, CHAD PA 17244-9743
ORRSTOWN ~ Phone & ZIP code conflict (PA:1986-1987)
SAP i' KELLY, CHAD
(DOB: .
FRANKLIN COUNTY ~
Area code may change
LexID(sm):
04/1972) (06/2011-Current) 001368291644
(Age' 40) 332 HIGH MOUNTAIN RD T- 717-477-8498
334 Phone may be
SHIPPENSBURG, PA 17257- disconnected
9663 ~'' Area code may change
CUMBERLAND COUNTY
(09/1984-05/2012)
32 CUMBERLAND AVE
SHIPPENSBURG, PA 17257-
1602
FRANKLIN COUNTY
{06/2010-09/2011}
13655 DREAM HWY
NEWBURG, PA 17240-9613
FRANKLIN COUNTY ~~
(04/2003-09/2004}
10716 MOUNTAIN RD 717-532-8306
ORRSTOWN, PA 17244-9543 KELLEY RICHARD
FRANKLIN COUNTY ~ (Current Listing Name)
(07/1990-06/2004)
Key
A High Risk Indicator. These symbols may prompt you to investigate further.
" Moderate Risk Indicator. These symbols may prompt you to investigate further.
'' General Information Indicator. These symbols inform you that additional information is
provided.
~' The most recent telephone listing as reported by the EDA source.
Search: Public Records > Comprehensive Person Report ~i > Search Results
Terms: ssn(a~) state(ALL) radius(3O) (Edit Search ~ New Search )
Date/Time: Thursday, July OS, 2012 10:40 AM
Your DPPA Permissible Use: Litigation
Your GLBA Permissible Use: Legal Compliance
T~
https://r3.lexis.com/lexisprma/Results.aspx?setId=Oc16e827-O1f7-41 d3-a59a-717bdc87fcb6 7/5/2012
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIt~.
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff,
NO.: 12-3162 ~
I
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
ORDER OF COURT
AND NOW, to wit, this day of , 2012,
consideration of the within Motion for Service of the Complaint in Mortgage F
Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED
the Sheriff of Cumberland County is hereby directed to serve Defendant, Chad E. Kelly,
with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure by posting
property at 332 High Mountain Road, Shippensburg, Pennsylvania 17257 and Plaintiff ~i
permitted to serve Defendant by certified mail, return receipt requested and by First Class U.~S.
Mail, postage pre-paid at 14327 Cumberland Highway, Orrstown, Pennsylvania 17244. Servi
on the Defendant, Chad E. Kelley, shall be deemed complete and valid upon posting by 1
Sheriff and mailing by the Plaintiff.
BY THE COURT:
J.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the within Motion
Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court and Order
/ I
of Court was mailed to the following on this .~ ~ ~ ~- day of ,~ t s ST ~ ,
2012, by first class, U.S. Mail, postage pre-paid:
Chad E. Kelley
14327 Cumberland Highway
Orrstown, PA 17244
GRENEN & BIRSIC, P.C.
BY: a
Daniel J. Birsic, Es u~re
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
CIVIL DIVISION
NO.: 12-3162
C')
rn W
zm o,
rn )
M.
Cn
L_
C5
* r_ _7 :a
n =C
2> co
C
-? uj
ORDER OF COURT
AND NOW, to wit, this S• day of w• , 2012, upon
consideration of the within Motion for Service of the Complaint in Mortgage Foreclosure
Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that
the Sheriff of Cumberland County is hereby directed to serve Defendant, Chad E. Kelley,
with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure by posting the
property at 332 High Mountain Road, Shippensburg, Pennsylvania 17257 and Plaintiff is
permitted to serve Defendant by certified mail, return receipt requested and by First Class U.S.
Mail, postage pre-paid at 14327 Cumberland Highway, Orrstown, Pennsylvania 17244. Service
on the Defendant, Chad E. Kelley, shall be deemed complete and valid upon posting by the
Sheriff and mailing by the Plaintiff.
'/ e" 4 PC
p,?s dew g1jj/o
BY THE COURT:
~_~.~
.~~ -.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENN~'Y~;~VA~IIA ~_ -::
-- ~ -
. C7 ~_~
...
-- . ,
ORRSTOWN BANK, CIVIL DIVISION 4- ~_~
Plaintiff, = _ .~.. _
NO.: 12-3162 -
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
TYPE OF PLEADING
PRAECIPE FOR DEFAULT JUDGMENT
Defendants. AS TO CHAD E. KELLEY ONLY
(Mortgage Foreclosure)
FILED ON BEHALF OF PLAINTIFF:
I hereby certify that the
address of Plaintiff is:
2695 Philadelphia Avenue
Chambersburg, PA 17201
the last known address of
Defendant, Chad E. Kelley, is:
332 High Mountain Road
Shippensburg, PA 17257
And
14327 Cumberland Highway
Orrstown, PA 17244
GRENEN &BIRSIC, P.C.
~ -,
,~, .,~
f _~" --~/
~.~' ,
Attorneys for Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Orrstown Bank
Daniel J. Birsic, Esquire
Pa. I.D. # 48450
GRENEN &BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
~~e~~`~P~ ail
~~ Iua3Cog
~ 8~1ed
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
CIVIL DIVISION
NO.: 12-3162
Defendants.
~~~ ~~
PRAECIPE FOR DEFAULT JUDGMENT AS TO 1~69~~~ A4. KELLEY ONLY
TO: PROTHONOTARY
SIR:
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendant, Chad E. Kelley, ONLY in the amount of $159,668.11, which is itemized as
follows:
Principal $147,707.13
Interest to 8/28/12 $ 8,958.99
Late Charges to 8/28/12 $ 627.00
Escrow Balance ($ 216.54)
Corporate Advances $ 446.60
Attorney's fees $ 1,350.00
Foreclosure Costs $ 795.05
TOTAL $159,668.11
with interest thereon from August 28, 2012 at the fixed rate equal to 6.625% per annum,
resulting in a per diem of $26.12645, 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.
i" ~-'
;~' r
D J. ~ irsic, 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
Defendant, Chad E. Kelley, was 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 was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached
copy.
"~
Sworn to and subscribed before me
this ~j~~-'"' day of I~NOsc'~~~ , 2012.
Notary Public
rVct~Nal ~,,.~rw~gYtV~wrn
PmlMci~ A. Tom, Nobry Public
h~ ~h~'ny County
MEMBER, PENkSYLVANIA ~ dune 2, 2015
ASSOQATION OF NOTARIES
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
CIVIL DNISION
NO.: 12-3162
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
TO: Chad E. Kelley
332 High Mountain Road
Shippensburg, PA 17257
DATE OF NOTICE: October 26, 2012
IlVIPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRTT'TEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or Toll Free (800) 990-9108
FIRST CLASS MAIL, POSTAGE PREPAID
GRENEN & BIItSIC, P.C.
_,
,.' ~~
By:
Attorneys for Plain 'ff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
CIVIL DIVISION
NO.: 12-3162
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
TO: Chad E. Kelley
14327 Cumberland Highway
Orrstown, PA 17244
DATE OF NOTICE: October 25, 2012
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRTf TEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FII,E 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 Assoclation
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or ToU Free (800) 990.9108
FIRST CLASS MAIL, POSTAGE PREPAID
GRENEN & BIRSIC, P.C.
~/ :~
By: .. ''~
Attorneys for Plainti
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
CIVIL DIVISION
NO.: 12-3162
Defendants.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Chad E. Kelley
332 High Mountain Road
Shippensburg, PA 17257
( )Plaintiff
(XX) Defendant
( )Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on 1 30~.
( ) A copy of the Order or Decree is enclosed,
or
(XX) The judgment is as follows: $159,668.11
with interest thereon from August 31, 2012 at the fixed rate equal to 6.625% per annum,
resulting in a per diem of $26.12645, 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.
:~
~y
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff,
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
NO.: 12-3162
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Chad E. Kelley
14327 Cumberland Highway
Orrstown, PA 17244
( ) Plaintiff
(XX) Defendant
( )Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
r
on
( ) A copy of the Order or Decree is enclosed,
or
(XX) The judgment is as follows: $159,668.11
with interest thereon from August 31, 2012 at the fixed rate equal to 6.625% per annum,
resulting in a per diem of $26.12645, 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.
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
TO: Prothonotary
CIVIL DIVISION
NO.: 12-3162
;.
....
;..:~
~-~
_ -
_.
... , ,_
.~ ,.~
-: -<u~ ..
~, ;
PRAECIPE FOR WRIT OF EXECUTION ~_-': ~, -_
(MORTGAGE FORECLOSURE)
SIR: Please issue a Writ of Execution, directed to the Sheriff of Cumberland County, against
the Defendants, Chad E. Kelley and Nicole M. Kelley, as follows:
Amount Due
Interest from 8/3 l / 12
TOTAL
$159,668.11
$ 9,462.03
$169,130.14
GRENEN & BIRSIC, P.C.
~. ~s ~~
~~~ UU ern
~t.~S
1~Sb<<N
' /+ \ y ~,
lp . ''(>
,~ ,~
~.s q5~d
~~3~?
/ S
!/,' I
Attorneys for Plaintiff
tea. as ~ ~.
. s~u-
~ ~~a3c~q
~ag3~~~
~.F d R~ ~d
J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff,
NO.: 12-3162
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
LONG FORM DESCRIPTION
ALL that certain tract of land situate in South Newton Township, Cumberland County,
Pennsylvania, together with improvements erected thereon known as 332 High Mountain Road,
bounded and described in accordance with Subdivision Survey Plan for John R. Diller prepared
by Larry Vern Neidlinger, PE., dated August 4, 1981 and recorded in the hereinafter named
Recorder's Office in Plan Book 41, Page 35, as follows:
BEGINNING at a nail set in the original centerline of 33-foot wide Township Road T-
334, known as High Mountain Road at line of land now or formerly of Wayne Hawkins; thence
along said original centerline of 33-foot High Mountain Road, the following three (3) courses
and distances: (1) South 41 degrees 11 minutes 15 seconds East, a distance of 122.20 feet to a
point; (2) by a curve to the left having a radius of 292.15 feet, an arc distance of 165.43 feet to a
point; and (3) South 73 degrees 37 minutes 54 seconds East, a distance of 42.01 feet to a nail in
said original centerline of 33-foot wide High Mountain Road at the dividing line between Lots
#4 and #5 as shown on said Subdivision Survey Plan; thence along said dividing line between
said Lots #4 and #5 and continuing along the dividing line between said Lot #4, and Lot #b,
South 68 degrees 15 minutes 23 seconds West, a distance of 144.08 feet to an iron pin in line of
land now or formerly of Melvin Keifer; thence along line of said land now or formerly of Melvin
Keifer, North 16 degrees 53 minutes 31 seconds West, a distance of 65.00 feet to an existing iron
pin at corner of land now or formerly of Wayne Hawkins; thence along line of said land now or
fonnerly of Wayne Hawkins, North 48 degrees 6 minutes 32 seconds East, a distance of 606.81
feet to a nail set in the original centerline of 33-foot wide High Mountain Road at the place of
BEGINNING.
THE above described tract of land contains 2.602 acres and is all of Lot #4 as shown on
said Subdivision Survey Plan for John R. Diller dated August 4, 1981 and recorded as foresaid.
So much of the above described tract of land that lies within 25 feet of the original centerline of
33-foot wide Township Road T-334, known as High Mountain Road has been dedicated as a
portion of the right of way of said road as shown on said Subdivision Survey Plan.
BEING the same premises which Nicole M. Kelley and Chad E. Kelley, wife and
husband and Richard E. Kelley and Joyce Kelley, husband and wife, by Deed dated May 18,
2006 and recorded in the Office of the Recorder of Deeds of Cumberland County on June 1,
2006 in Deed Book Volume 274, Page 4222 granted and conveyed unto Chad E. Kelley and
Nicole M. Kelley, husband and wife.
GRENEN & BIRSIC, P.C.
~? , ' ~~
By: ~/ y'
Daniel J. Birsic, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412} 281-7650
Parcel No.: 41-13-0110-019
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
~,
ORRSTOWN BANK, CIVIL DIVISION ~ ,~:.3 -.'
~~ ..
Plaintiff, _ `~=
r..~
_.
NO.: 12-3162 ` ~'
vs. ~ c:=~ ~,a =.
~.- _,
r, ~'
CHAD E. KELLEY and
,,._
NICOLE M. KELLEY, ~ " :__ _
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
Orrstown Bank, 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 Chad E.
Kelley and Nicole M. Kelley located at 332 High Mountain Road, Shippensburg, Pennsylvania
17257 and is more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHAD E. KELLEY AND
NICOLE M. KELLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF SOUTH NEWTON, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 332 HIGH MOUNTAIN ROAD, SHIPPENSBURG,
PA 17257. DEED BOOK VOLUME 274, PAGE 4222, AND PARCEL NUMBER 41-13-0110-
019.
1. The name and address of the owners or reputed owners:
Chad E. Kelley 14327 Cumberland Highway
Orrstown, PA 17244
Nicole M. Kelley 332 High Mountain Road
Shippensburg, PA 17257
2. The name and address of the defendants in the judgment:
Chad E. Kelley 14327 Cumberland Highway
Orrstown, PA 17244
Nicole M. Kelley 332 High Mountain Road
Shippensburg, PA 17257
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Orrstown Bank PLAINTTFF
4. The name and address of the last record holder of every mortgage of record:
Orrstown Bank PLAINTIFF
5. The name and address of every other person who has any record lien on the property:
Cumberland Domestic Relations P.O. Box 320
Carlisle, PA 17013
PA Department of Revenue
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania
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.
i"' / ' i
,~ ' / ~
Daniel J. Birsic, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this C-~~ day of I~ 1 ~) rn.~ ~, 2012.
Notary Public
---~ ~1'~vEALTN OF PENN
mvaN~
Patricia A. Townsend Note
~~m h, ~9heny ~~ tyc
MEMBER, PENNSy~,y~ ~ June 2, 2015
7ION OF W(}TARYFa
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
CIVIL DIVISION
NO.: 12-3162
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF ALLEGHENY )
....
. s ~..
t-gym, ~.
,~ --
;.-- ,
_~... ~_
'_ ``~~~.D ~~
:'::% [ y "
°~ f
...-k
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.
/ /" ~;~
Sworn to and subscribed before me
this ~~~ day of ~ ~c~~~ ~ 2012.
Notary Public
~'~~~w~~PENIVSYI.VANIA
Petrkia A. Notarial Seal
~Y of PIt~r9~ ham, ~~heny ~Pubtyic
MEMBE p~ misslpr~ empires dune 2, 2015
R. NSYLVANIA ASSOQATION Op NOTARIES
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
CIVIL DIVISION
NO.: 12-3162
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Chad E. Kelley
14327 Cumberland Highway
Orrstown, PA 17244
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 March 6, 2013 at 10:00 A.M., the following described real estate, of which
Chad E. Kelley and Nicole M. Kelley are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHAD E. KELLEY AND
NICOLE M. KELLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF SOUTH NEWTON, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 332 HIGH MOUNTAIN ROAD, SHIPPENSBURG,
PA 17257. DEED BOOK VOLUME 274, PAGE 4222, AND PARCEL NUMBER 41-13-0110-
019.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of
Orrstown bank,
Plaintiff,
vs.
Chad E. Kelley and Nicole M. Kelley,
Defendants,
at Execution Number 12-3162 in the amount of $169,130.14.
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.
-~ ;%
~,,
Daniel J. Birsic, squire
Attorney for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff,
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
NO.: 12-3162
LONG FORM DESCRIPTION
ALL that certain tract of land situate in South Newton Township, Cumberland County,
Pennsylvania, together with improvements erected thereon known as 332 High Mountain Road,
bounded and described in accordance with Subdivision Survey Plan for John R. Diller prepared
by Larry Vern Neidlinger, PE., dated August 4, 1981 and recorded in the hereinafter named
Recorder's Office in Plan Book 41, Page 35, as follows:
BEGINNING at a nail set in the original centerline of 33-foot wide Township Road T-
334, known as High Mountain Road at line of land now or formerly of Wayne Hawkins; thence
along said original centerline of 33-foot High Mountain Road, the following three (3) courses
and distances: (1) South 41 degrees 11 minutes 15 seconds East, a distance of 122.20 feet to a
point; (2) by a curve to the left having a radius of 292.15 feet, an arc distance of 165.43 feet to a
point; and (3) South ?3 degrees 37 minutes 54 seconds East, a distance of 42.01 feet to a nail in
said original centerline of 33-foot wide High Mountain Road at the dividing line between Lots
#4 and #5 as shown on said Subdivision Survey Plan; thence along said dividing line between
said Lots #4 and #5 and continuing along the dividing line between said Lot #4, and Lot #6,
South 68 degrees 15 minutes 23 seconds West, a distance of 144.08 feet to an iron pin in line of
land now or formerly of Melvin Keifer; thence along line of said land now or formerly of Melvin
Keifer, North 16 degrees 53 minutes 31 seconds West, a distance of 65.00 feet to an existing iron
pin at corner of land now or formerly of Wayne Hawkins; thence along line of said land now or
formerly of Wayne Hawkins, North 48 degrees 6 minutes 32 seconds East, a distance of 606.81
feet to a nail set in the original centerline of 33-foot wide High Mountain Road at the place of
BEGINNING.
THE above described tract of land contains 2.602 acres and is all of Lot #4 as shown on
said Subdivision Survey Plan for John R. Diller dated August 4, 1981 and recorded as foresaid.
So much of the above described tract of land that lies within 25 feet of the original centerline of
33-foot wide Township Road T-334, known as High Mountain Road has been dedicated as a
portion of the right of way of said road as shown on said Subdivision Survey Plan.
BEING the same premises which Nicole M. Kelley and Chad E. Kelley, wife and
husband and Richard E. Kelley and 3oyce Kelley, husband and wife, by Deed dated May 18,
2006 and recorded in the Office of the Recorder of Deeds of Cumberland County on June 1,
2006 in Deed Book Volume 274, Page 4222 granted and conveyed unto Chad E. Kelley and
Nicole M. Kelley, husband and wife.
GRENEN & BIRSIC, P.C.
/ -~
1
V / C'// _
Daniel J. Birsic, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
Parcel No.: 41-13-0110-019
iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
CIVIL DIVISION
NO.: 12-3162
AFFIDAVIT OF LAST KNOWN ADDRESS
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
- - ;:;~
::-,
va
~.
._ ~, ;-.
..
^~
_
._ . .r .
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
332 High Mountain Road, Shippensburg, Pennsylvania 17257 are, Defendants, Chad E. Kelley
and Nicole M. Kelley, who resides at 332 High Mountain Road, Shippensburg, Pennsylvania
17257 and 14327 Cumberland Highway, Orrstown, Pennsylvania 17244, respectively, to the best
of his information, knowledge and belief.
,/ , /~ ` ~ ,~' c'~
SWORN TO AND SUBSCRIBED BEFORE
ME THIS~~DAY OF _1~j~) i ti ~9PZ , 2012.
Not Public
COiNME3Nyy~ALfF1 E?F
PENNSYLVANIq
Patrkia A. T~~~ Seal
~, ~ ~~~send, Notary Public
~'Dh, A~-ephen h,
MEMg~ ~VANU ~ June 2~ 015
MION OF NO?e,RiES
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
CIVIL DIVISION
NO.: 12-3162
-- - _.
~..
~~ _ti
-. ; --
~ `
~~~
~.
..
.. ~ .`
,
~
..
AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974 41 P S 101 ET SEO
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 August 5, 2011 and March 22, 2012,
Defendants, Nicole M. Kelley and Chad E. Kelley, respectively, were mailed Notice of Intention
to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq. by certified mail,
return receipt requested, and first class U.S. Mail.
r,,.
/ , ~,.
SWORN TO AND SUBSCRIBED BEFORE
ME THIS ~ -- DAY OF ~ ~ ~)O~mQ ~P f ~ 2012.
Not Public
COMMO-~}~ OF PENNSYLVANL4
Patrida A. N~rial Seal
ownsend, Notary Public
~Y ~ Pittsburgh, AlIe9F~eny County
MEMBER, PEN~NSYVAN1A~rE5 June 2, 2015
ASSOQATION OF NpY4RiF.S
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 12-3162 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s)
From CHAD E. KELLEY AND NICOLE M. KELLEY
(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: $159,668.11
Interest FROM 8/31/2012 - $9,462.03
Atty's Comm:
Atty Paid: $317.95
Plaintiff Paid:
Date: 11/30/l2
(Seal)
L.L.: $.50
Due Prothy: $2.25
Other Costs:
„~ -~
David D. Buell, Prothonot ry
Deputy
REQUESTING PARTY:
Name: DANIEL J. BIRSIC, ESQUIRE
Address: GRENEN &BIRSIC, P.C.
ONE GATEWAY CENTER, 9TH FLOOR
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Te 1 ephon e : 412-281-7650
Supreme Court ID No. 48450
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
CIVIL DIVISION
~ ~
~~' ~
N0.:12-3162 zrm a
~ ~'"`
w
TYPE OF PLEADING ~~ ~c ~
~+.
Proof of Service as to Chad E. Kel ca ~"
-~~
.~;
FILED ON BEHALF OF PLAINTIFF:
Praecipe to Reinstate Civil Action -
Complaint in Mortgage Foreclosure
FILED ON BEHALF OF PLAINTIFF:
Orrstown Bank
COUNSEL OF RECORD FOR THIS
PARTY:
Daniel J. Birsic, Esquire
Pa. I.D. # 48450
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
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff,
NO.: 12-3162
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
PROOF OF SERVICE AS TO CHAD E. KELLEY
Daniel J. Birsic, Esquire, Attorney for Plaintiff, Orrstown Bank, being duly sworn
according to law deposes and makes the following Affidavit regarding service of Plaintiffs
Complaint in this matter on Defendant, Chad E. Kelley:
1. Pursuant to Order of Court dated September 5, 2012, service of the Complaint in
Mortgage Foreclosure upon Defendant, Chad E. Kelley, was deemed complete and valid upon
mailing by the Plaintiffby certified mail, return receipt requested, and by first class mail, postage
prepaid, addressed to 14327 Cumberland Highway, Orrstown, Pennsylvania 17244, and by
posting of a copy of the Complaint, by the Sheriff of Cumberland County, at the property located
at 332 High Mountain Road, Shippensburg, Pennsylvania 17257. A true and correct copy of said
Order of Court is marked Exhibit "A", attached hereto and made a part hereof.
2. On September 24, 2012, Plaintiff mailed the Complaint in Mortgage Foreclosure
to Defendant, Chad E. Kelley, at 14327 Cumberland Highway, Orrstown, Pennsylvania 17244,
by certified mail, return receipt requested and by first class mail, postage prepaid. A true and
correct copy of the U.S. Postal Service form 3800, Article Number 7010 2780 0001 8594 7618,
and the Certificate of Mailing, evidencing service by certified mail and first class mail on the
identified Defendant, are marked Exhibit "B", attached hereto and made a part hereof.
3. On or about October 3, 2012, the Sheriff of Cumberland County posted the
Complaint on the property located at 332 High Mountain Road, Shippensburg, Pennsylvania
17257. A true and correct copy of the Sheriffs Return is marked Exhibit "C", 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:
Dame ~. Birsc, Esquire
Attorneys for Plaintiff
Onc Gat~ray Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
THIS ~j~DAY OF ~~nn~~ , 2012.
Notary Public
~ s~vavra
~ ar h ~~ ~ cork
Mpyg~, Dn E~plr~ dune 2, 20 5
''~ assocr~n°N ~ ~~c
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
ORRSTOWN BANK,
Plaintiff,
vs.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
CIVIL DIVISION
NO.: 12-3162
_,
,~ ~ -;.,
^' =~ -~°.
~m rn ,~~~
cn~- i ='~~:~
<~ s> c~j°-~r
~~ C J
C
~ ~ -~ ~ ~'
~ ;,~
. ~ ,,
ORDER OF COURT
AND NOW, to wit, this ~~ day of ~ i'w.~"" , 2012, upon
consideration of the within Motion for Service of the Complaint in Mortgage Foreclosure
Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that
the Sheriff of Cumberland County is hereby directed to serve Defendant, Chad E. Kelley,
with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure by posting the
property at 332 High Mountain Road, Shippensburg, Pennsylvania 17257 and Plaintiff is
permitted to serve Defendant by certified mail, return receipt requested and by First Class U.S.
Mail, postage pre-paid at 14327 Cumberland Highway, Orrstown, Pennsylvania 17244. Service
on the Defendant, Chad E. Kelley, shall be deemed complete and valid upon posting by the
Sheriff and mailing by the Plaintiff.
BY THE COURT:
J.
r- ~,. ~
'~~` ~ ,..
r
o,
~'1 Postage S
Certified Fes 1
~ ~ POadnark
p Return Recsfpt Fes
p (Endornernettt Required) ~y H
p Restrkted Delivery Fee \ •
p ([ndorsemeM Required) ~.•
~O Q
(ti. 7otet Postage 8 Fees ~P r a
r1J •^,
p or PO Barr Nb. .~~•~~~~' .... ._... ~ ~~/~ _.
U.S. POSTAL SERVICE CERTIFICATE OF
MAY BE USED FOR QOMESTIC AND IN DO~fS.NOT ,,.,',
PROVIDE FOR INSURANCE-POSTMAST '~ ~ `'~
.,,~
Received From: ~ ~, ~,, ,
~, ~; ~ ~:
One Gateway Center, 9~ Floor, Pittsburgh. PA 15222
One piece of rdinary mail addressed to:
Alfa fee here in stands ,
or meter postage and
~~'~unent
'~ "t '~
.~~~ , ,
PS Form 3817, January 2001
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
SOi/CltOr
~4ti~~~tr of iutntrtr{T'~b
~.
t,::~- ` L f:,
GF~ t~E 'JF °- w ~ 4 ~f~IFF
Orrstown Bank
vs. Case Number
Nicole M. Kelley (et al.) 2012-3162
SHERIFF'S RETURN OF SERVICE
10/03/2012 03:05 PM -Deputy William Cline, being duly sworn according to law, served the requested Complaint in
Mortgage Foreclosure and Notice upon the within named Defendant, to wit: Chad E. Kelley, pursuant to
Order of Court by "Posting" the premises located at 332 High Mountain Ro d, uth Newton Township,
Shippensburg, PA 17257 with a true and correct copy according to law.
LLIAM CLINE, DEPUTY
SHERIFF COST: $54.00
October 04, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
ic) CountySuite Shentt, 1'eleosaft. Inc.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ff i
r 7 e IL`Ll-0 Fi
4.;j' f{ LE 7
Sheri rtrtitr oi.�:a�rrifirfl��
Jody S Smith "� '+ lu
Chief Deputy r i _ J
Richard W Stewart CUMBERLAND COUNT
Solicitor 0�Fic YF _,�.ERIFF PENNSYLVAt41,,; Y
Orrstown Bank Case Number
vs. 2012-3162
Nicole M. Kelley (et al.)
SHERIFF'S RETURN OF SERVICE
01/03/2013 Deputy Ronald E. Hoover, being duly sworn according to law, served the requested Real Estate Writ,
Notice and Description, in the above titled action, upon the within named Defendant, to wit: Chad E.
Kelley, pursuant to Order of Court by"Posting"the premises located at 332 High Mountain Road,
Shippensburg, Cumberland County with a true and correct copy according to law.
01/03/2013 11:18 AM - Deputy Ronald Hoover, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 332 High Mountain Road, Shippensburg, PA 17257,
Cumberland County.
02/06/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and
inquiry for the within named Defendant, to wit: Nicole M. Kelley, but was unable to locate the Defendant in
his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled
action, as"Not Found"at 25 Heckman Road, Newville, PA 17241, current resident at this address states
defendant moved out in July 2012, or alternate address of: 332 High Mountain Road, Shippensburg, PA
17257, address is vacant, defendant did not leave a forwarding address with the
post office.
03/07/2013 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, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold
the same for the sum of$ 1.00 to Attorney Daniel Birsic, on behalf of Fannie Mae, being the buyer in this
execution, paid to the Sheriff the sum of$
SHERIFF COST: $872.93 SO ANSWERS,
April 30, 2013 RON R ANDERSON, SHERIFF
pia
%3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff,
NO.: 12-3162
VS.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
Orrstown Bank, 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 Chad E.
Kelley and Nicole M. Kelley located at 332 High Mountain Road, Shippensburg, Pennsylvania
17257 and is more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHAD E. KELLEY AND
NICOLE M. KELLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF SOUTH NEWTON, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 332 HIGH MOUNTAIN ROAD, SHIPPENSBURG,
PA 17257. DEED BOOK VOLUME 274, PAGE 4222, AND PARCEL NUMBER 41-13-0110-
019.
1. The name and address of the owners or reputed owners:
Chad E. Kelley 14327 Cumberland Highway
Orrstown, PA 17244
Nicole M. Kelley 332 High Mountain Road
Shippensburg, PA 17257
r
2. The name and address of the defendants in the judgment:
Chad E. Kelley 14327 Cumberland Highway
Orrstown, PA 17244
Nicole M. Kelley 332 High Mountain Road
Shippensburg, PA 17257
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Orrstown Bank PLAINTIFF
4. The name and address of the last record holder of every mortgage of record:
Orrstown Bank PLAINTIFF
5. The name and address of every other person who has any record lien on the property:
Cumberland Domestic Relations P.O. Box 320
Carlisle, PA 17013
PA Department of Revenue Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania 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 unsworn falsification to authorities.
Daniel J. Birsic, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this dq day of A h) l 2012.
C�-A)"- 6 Qz,
Notary Public
CUMMONWFALTH OF�NS'LVANIA
Notarial seat
Patricia A.Tow"SOnd,Notary city of Public
Pi�urgh,Allegheny County
MEM8EF4 PENN$yl V/ res line 2,2015
ASSom WN f WYrARxEB
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff,
NO.: 12-3162
VS.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Chad E. Kelley
14327 Cumberland Highway
Orrstown, PA 17244
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 March 6, 2013 at 10:00 A.M., the following described real estate, of which
Chad E. Kelley and Nicole M. Kelley are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHAD E. KELLEY AND
NICOLE M. KELLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF SOUTH NEWTON, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 332 HIGH MOUNTAIN ROAD, SHIPPENSBURG,
PA 17257. DEED BOOK VOLUME 274, PAGE 4222, AND PARCEL NUMBER 41-13-0110-
019.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of
Orrstown bank,
Plaintiff,
vs.
Chad E. Kelley and Nicole M. Kelley,
Defendants,
at Execution Number 12-3162 in the amount of$169,130.14.
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
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff,
NO.: 12-3162
VS.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
LONG FORM DESCRIPTION
ALL that certain tract of land situate in South Newton Township, Cumberland County,
Pennsylvania, together with improvements erected thereon known as 332 High Mountain Road,
bounded and described in accordance with Subdivision Survey Plan for John R. Diller prepared
by Lang Vern Neidlinger, PE., dated August 4, 1981 and recorded in the hereinafter named
Recorder's Office in Plan Book 41, Page 35, as follows:
BEGINNING at a nail set in the original centerline of 33-foot wide Township Road T-
334, known as High Mountain Road at line of land now or formerly of Wayne Hawkins; thence
along said original centerline of 33-foot High Mountain Road, the following three (3) courses
and distances: (1) South 41 degrees 11 minutes 15 seconds East, a distance of 122.20 feet to a
point; (2) by a curve to the left having a radius of 292.15 feet, an arc distance of 165.43 feet to a
point; and (3) South 73 degrees 37 minutes 54 seconds East, a distance of 42.01 feet to a nail in
said original centerline of 33-foot wide High Mountain Road at the dividing line between Lots
#4 and #5 as shown on said Subdivision Survey Plan; thence along said dividing line between
said Lots #4 and #5 and continuing along the dividing line between said Lot #4, and Lot #6,
South 68 degrees 15 minutes 23 seconds West, a distance of 144.08 feet to an iron pin in line of
land now or formerly of Melvin Keifer; thence along line of said land now or formerly of Melvin
Keifer, North 16 degrees 53 minutes 31 seconds West, a distance of 65.00 feet to an existing iron
pin at corner of land now or formerly of Wayne Hawkins; thence along line of said land now or
formerly of Wayne Hawkins, North 48 degrees 6 minutes 32 seconds East, a distance of 606.81
feet to a nail set in the original centerline of 33-foot wide High Mountain Road at the place of
BEGINNING.
THE above described tract of land contains 2.602 acres and is all of Lot #4 as shown on
said Subdivision Survey Plan for John R. Diller dated August 4, 1981 and recorded as foresaid.
So much of the above described tract of land that lies within 25 feet of the original centerline of
t
33-foot wide Township Road T-334, known as High Mountain Road has been dedicated as a
portion of the right of way of said road as shown on said Subdivision Survey Plan.
BEING the same premises which Nicole M. Kelley and Chad E. Kelley, wife and
husband and Richard E. Kelley and Joyce Kelley, husband and wife, by Deed dated May 18,
2006 and recorded in the Office of the Recorder of Deeds of Cumberland County on June 1,
2006 in Deed Book Volume 274, Page 4222 granted and conveyed unto Chad E. Kelley and
Nicole M. Kelley, husband and wife.
GRENEN & BIRSIC, P.C.
By. -
Daniel J. Birsic, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
Parcel No.: 41-13-0110-019
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff,
NO.: 12-3162
VS.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Nicole M. Kelley
332 High Mountain Road
Shippensburg, PA 17257
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 March 6, 2013 at 10:00 A.M., the following described real estate, of which
Chad E. Kelley and Nicole M. Kelley are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHAD E. KELLEY AND
NICOLE M. KELLEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF SOUTH NEWTON, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 332 HIGH MOUNTAIN ROAD, SHIPPENSBURG,
PA 17257. DEED BOOK VOLUME 274, PAGE 4222, AND PARCEL NUMBER 41-13-0110-
019.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of
Orrstown bank,
Plaintiff,
VS.
Chad E. Kelley and Nicole A Kelley,
Defendants,
at Execution Number 12-3162 in the amount of$169,130.14.
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:
15an�iel . 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
ORRSTOWN BANK, CIVIL DIVISION
Plaintiff,
NO.: 12-3162
VS.
CHAD E. KELLEY and
NICOLE M. KELLEY,
Defendants.
LONG FORM DESCRIPTION
ALL that certain tract of land situate in South Newton Township, Cumberland County,
Pennsylvania, together with improvements erected thereon known as 332 High Mountain Road,
bounded and described in accordance with Subdivision Survey Plan for John R. Diller prepared
by Larry Vern Neidlinger, PE., dated August 4, 1981 and recorded in the hereinafter named
Recorder's Office in Plan Book 41, Page 35, as follows:
BEGINNING at a nail set in the original centerline of 33-foot wide Township Road T-
334, known as High Mountain Road at line of land now or formerly of Wayne Hawkins; thence
along said original centerline of 33-foot High Mountain Road, the following three (3) courses
and distances: (1) South 41 degrees 11 minutes 15 seconds East, a distance of 122.20 feet to a
point; (2)by a curve to the left having a radius of 292.15 feet, an arc distance of 165.43 feet to a
point; and (3) South 73 degrees 37 minutes 54 seconds East, a distance of 42.01 feet to a nail in
said original centerline of 33-foot wide High Mountain Road at the dividing line between Lots
#4 and #5 as shown on said Subdivision Survey Plan; thence along said dividing line between
said Lots #4 and #5 and continuing along the dividing line between said Lot #4, and Lot #6,
South 68 degrees 15 minutes 23 seconds West, a distance of 144.08 feet to an iron pin in line of
land now or formerly of Melvin Keifer; thence along line of said land now or formerly of Melvin
Keifer, North 16 degrees 53 minutes 31 seconds West, a distance of 65.00 feet to an existing iron
pin at corner of land now or formerly of Wayne Hawkins; thence along line of said land now or
formerly of Wayne Hawkins, North 48 degrees 6 minutes 32 seconds East, a distance of 606.81
feet to a nail set in the original centerline of 33-foot wide High Mountain Road at the place of
BEGINNING.
THE above described tract of land contains 2.602 acres and is all of Lot #4 as shown on
said Subdivision Survey Plan for John R. Diller dated August 4, 1981 and recorded as foresaid.
So much of the above described tract of land that lies within 25 feet of the original centerline of
33-foot wide Township Road T-334, known as High Mountain Road has been dedicated as a
portion of the right of way of said road as shown on said Subdivision Survey Plan.
BEING the same premises which Nicole M. Kelley and Chad E. Kelley, wife and
husband and Richard E. Kelley and Joyce Kelley, husband and wife, by Deed dated May 18,
2006 and recorded in the Office of the Recorder of Deeds of Cumberland County on June 1,
2006 in Deed Book Volume 274, Page 4222 granted and conveyed unto Chad E. Kelley and
Nicole M. Kelley,husband and wife.
GRENEN & BIRSIC, P.C.
By.
Daniel J. Birsic, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412)281-7650
Parcel No.; 41-13-0110-019
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-3162 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt,interest and costs due ORRSTOWN BANK Plaintiff(s)
From CHAD E.KELLEY AND NICOLE M.KELLEY
(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 garnishees) 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: $159,668.11 L.L.:$.50
Interest FROM 8/31/2012-$9,462.03
Arty's Comm: Due Prothy: $2.25
Atty Paid: $317.95 Other Costs:
Plaintiff Paid:
Date: 11/30/12
David D.Buell,Prothonotary
(Seal) 1� ' �y �Deput
REQUESTING PARTY:
Name: DANIEL J.BIRSIC,ESQUIRE
Address: GRENEN&BIRSIC,P.C.
ONE GATEWAY CENTER,9TH FLOOR
PITTSBURGH,PA 15222
Attorney for: PLAINTIFF TRUE COP FROM RECORD Telephone: 412-281-7654 andthei 'nony whereof,I here unto set my:hand
dal of said Court at Carlisle, Pa.
Supreme Court ID No.48450 This day ofs.__ p>+
20_L4—
�j� J� Protho,^,otary
On December 3, 2012 the Sheriff levied upon the
defendant's interest in the real property situated in
South Newton Township, Cumberland County, PA,
Known and numbered as, 332 High Mountain Road,
Shippensburg, more fully described on
Exhibit "A" filed with this writ and by this
reference incorporated herein.
Date: December 3, 2012
By:
,jo
Real Estate Coordinator
s
CUMBERLAND LAW JOURNAL
Writ No. 2012-3162 Civil
Orrstown Bank
VS.
Nicole M.Kelley,
Chad E.Kelley
Atty.: Daniel J.Birsic
ALL the right, title, interest and
claim of Chad E. Kelley and Nicole
M. Kelley of, in and to the following
described property:
ALL THE FOLLOWING described
real estate situated in the Town-
ship of South Newton, County of
Cumberland,and Commonwealth of
Pennsylvania.having erected thereon
a dwelling being known and num-
bered as 332 High Mountain Road,
Shippensburg,PA 17257.Deed Book
Volume 274, Page 4222, and Parcel
Number 41-13-0110-019.
71
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:
January 25,February 1, and February 8,2013
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 Coyne, ditor
SWORN TO AND SUBSCRIBED before me this
day of Februar�2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My commission Expires Apr 28,2014
The Patriot-News Co.
2020 Technology,Pkwy the atr1*otwXews
Suitet 300
Mechanicsburg, PA 17050 NOW you know
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Marianne Miller, 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 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly 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:
01/22/13
01/29/13
o"ollown __ 02105!13
Vs
Nka1e M. y
. . . . . , . .
Aft Denim
d
ALL CX RIGI3�° , ��T Sworn to and ubscribed before me t � 14 d of February 2013 A.D.
AND C1AIM OF MD I- Way
AND NICOLE KELLEx 0g IN AND
To FOLLOWING DESCRIBED
PROP R Y:
A'L TliE FOLLAWING'DESCRIBED' ota 011C
REAL ESTATE SITUATED IN THE
TOE OF SOUTH Nft`ON
COUNTY OF COMMONWEALTH CUMBERLAND,
WEALTH OF
PENNSYLVANLA.HAVIIVG ERECTED
THEREONADWELLJNG .�; COMMONWEALTH OF PENNSYLVANIA
BEING KNOWN AND NUMBE ED Notarial Seas
AS 332 HIGg MOUNTAIN ROAD, Holly Lynn Warfel,Notary Public
"UPPENSBURG, PA 17257• DijD Washington Twp.,Dauphin County
BOOK VOLUME 274,PAGE 4222,AND My Commission Expires Dec.12,2016
PEER 4I-13 0110-019• MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
I,Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the
6th day of March A.D., 2013,under and by virtue of a writ Execution issued on the 30th day of
November, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012
Number 3162, at the suit of Orrstown Bank against Chad E. Kelley&Nicole M. Kelley is duly recorded
as Instrument Number 201314718.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this day of
, A.D. 22
1j �Ij 1�j A
corder of Deeds
of d cony,C,�sle,PA
My Commission ires the Frrst Monday of Jan.2014