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Home My WebLink About12-6052IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, N.D., Plaintiff, vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. CIVIL DIVISION _ r; " ~`" _~.z. !; Y .. -; ~_- ;.,, t ., .. _~ ,~ .. -, -;~ .LL.~„ ~:;-~~ n _, TYPE OF PLEAIaING ~ ~; ,~.- ~=~~~~ ~ (, CIVIL ACTION-COMPLAINT ±- . ~-' ~- . IN MORTGAGE FORECLOSURE TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 205 West 4`~ Street, Suite 500 Cincinnati, OH 45202 AND THE DEFENDANTS IS: 10 Allison Lane Shippensburg,PA 17257 ~i~:/ i~~~~~~ ~~. ORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 10 Allison Lane, Township of South Newton (CITY, BORO, TOWNSHIP,WARD) ORNEY FOR PLAINTIFF FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association, N.D. COUNSEL OF RECORD FOR THIS PARTY: Brian B. Dutton, Esquire Pa. 1.D. #81953 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 ~Rrv~+~~o .7.~~d ~~,~#14o~,9S ~# a8ial~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL CNIL DIVISION ASSOCIATION, N.D., Plaintiff, vs. DAVID E. WELLER and SANDRA M. WELLER, 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 maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL CIVIL DIVISION ASSOCIATION, N.D., Plaintiff, NO.: vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE U.S. Bank National Association, N.D., by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is U.S. Bank National Association, N.D., which has a place of business at 205 West 4`i' Street, Suite 500, Cincinnati, Ohio 45202 and is authorised to do business in the Commonwealth of Pennsylvania. 2. The Defendants, David E. Weller and Sandra M. Weller, are individuals whose last known address is 10 Allison Lane, Shippensburg, Pennsylvania 17257. 3. On or about July 14, 2007, Defendants executed a Balloon Note ("Note") in favor of Plaintiff in the original principal amount of $110,600.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about July 14, 2007, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $110,600.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on Au~,-ust 2, 2007 at Instrument Number 200730302. 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 for, inter alia, the failure to pay the monthly installments of principal and interest when due in accordance with the terms of the Note. Defendants are due for the October 1, 2011 payment. 7. On or about July 6, 2012, Defendants 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 June 14, 2012 is as follows: Principal $105,429.86 Interest to 6/14/12 $ 5,756.47 Late Charges to 6/14/12 $ 292.88 Escrow Deficiency to 6/14/12 $ 648.12 Corporate Advances $ 50.50 Attorney's fees $ 925.00 Foreclosure Costs $ 368.45 TOTAL $1 13,471.28 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $133,471.28 with interest thereon at the rate of $20.08 per diem from June 14, 2012, 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~G~'' '~~ -. EY: rian B. Dutton, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" WELLER -~ [if1LLC)4N N()Tl~, (Plied Ratc) THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE. PRINCIPAL BALANCE OF THE LOAN AND UNPAFD INTEREST THEN DUE. LENDER IS UNDER NO OBLICiATtON TO REFINANCE THE LOAN AT THAT TtME. YOU WILL. THEREFORE, BE REQUIRED '[O MAKE PAYMENT OUT OF OTHER ASSETS THAT Yt'~J MAY OWN, OR YOU WILL MAVE TO FIND A (ENDER, WHICH MAY $E THE LENDERYQU HAVE TH13 LOAN WITH, WILLINC3 TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE GWSING COSTS NORMALLY ASSOCIATED W1TN A NEW LOAN EVEN IF YOU OBTAIN REFINANCINGFRQM THE SAME LENDER. July 14, 2007 PITTSBURGt{ AA itlarel lcurj [sine) 10 ALLISON LN, SH1PpgNSHURG, PA, 17257 (1'tnysrty Ada4c:s7 t. t;URItQWI':R'$ PRO.~fJSE 7Y3 1•hl In tetntu fcr d Itraxr drat I have rti.,=t~'c.i. 1 promtsc to pay U. S. 5 130 ,boo . Uo {thrs anruuart rx caIlta "p11n4tpal"), plus inttrest, to the Ordtr uP l,t u,ltr Ltndcr u U. S . SAtil( NATIONAL A850C1J1TION t7U 1 r~ dt nk-rke .rll paymeau tuxiet tb~c Nutt; m the fssrm of cash, check ur nwncy urdtr. i undcrstami butt Easier may transfer tLr~ Note Lender or anyont who takes this Nutt by transfer and wltu is cntiticd 1a rt,::rvc paynxalu under dtic Note is nailed the "Note Hokin-" 2. IY't'EREST Interest wil! bt cbar);ed an ant>aid prnttip:4 until iht fill arnuru,t of Prirx:rpai has tzetrt peed. I will pay urtertst at n yc:aly rate of 6.450 °:o Tlse inWrCt;t rate leyuvcC by tl,tc $CCtt411 d is the ratt 1 wdl yay bWh t>rf""ore east atlar auy drfauit etcsorrhrd m Stehvn Ali) u[ This Notc. 3. PAYN[1~ir"iS (A) Titete sad Plats u[ Paytuents t will pay priatp:d arai urtcrast by uraku,lt a payrntra cvcry rnurrdt. l wijl rnakc my rnuntLly pryntcrrts on tltc 1st day of wch month bcguutiujj un9ePtrmher 1, 2007 wtil walrc lbesc yayrtrertts cvcry rnandi unlit 1 have paid alt of tltt principal anti interest and any o:her chuges dcscnlx:d bclu•x iktat i Wray awe under this Nute. fa<.u nronthty payment will ht applied as of its scbcduted Clue duce and wril be applied to uuacsr bcfare Principal. If, ort August: i , 2022 , I still ou'r.' attwunts lmdcr this N<~tc, i wdt pay Urosc amuunt.~ in brit an that dart, which is called the '"Maturity t?atc." 1 wtN tnakc my ttWntttly paytnenis ut 4:r25 - 17Th AVF3it7~ fiH, FARGCJ, Nt7 58103 or at a ditFtrtKrt place tt rcquutd by the Ncie Holdtr. {[i) Anionut of )i3onthjp Yayrueots vly monthly payment will be in flit aru,•unt of U. S. b732. it MUITISTATk 13ALlO0at FlXEO tBKg NOTE •`i+,•4b ta,ruty •FANN~ MAE UNIFORtd iNt3TRUM(NT • pp~turl vMt• 14ptTCI.(+t r0~5 fW)SI,,Tf", fmm 32G0 11111 m~wh F' ~ t~ a. Bol2RU1YER'5 RJClt7' Tf) I'R.EPA!' l Gave the tight tv make luymcnu of 1'ri+tcipal at any tithe before they are due. A paytncnt of Principal only is known u ., "Prepayment" V+'bcu 1 uwke a Peelrayrnent, 1 will tell the Note Hotdvr +n wrung tbu 1 aDt dun6 so. I may nut destgrtatc a paytncnt u a Pri:paytttcut if 1 harC nut ntadt alt the nwtidtly Ituyrrcuts dw: under ibis Notc. 1 they make a full f'ttpayt~ttt w partial i'repaymeets wrthvut payittl; any Prcpaytnt:en ctw~c. Tbc Nvte Ruttier wilt ttse my Prepayttretns to educe dse at»oum of Pr:r+ctpat that l owe uu r this N.tte. llowevtr, the ore klultlur ursy apply my Ptepaytrtent to lbC waived alert tuipaid intrtet.t un the Prcpaytrtent anwuut bcfure applying my Pfcpaytutrrt Eo reduce the Principal arswtint oC this Nutc. if T taakc a lwrtial Prepaysitent, i4cre wi!! be mt changes m the tluc date yr ¢t ttic antvvnt of my attmthly payutccrt unless t)x: Note, Hallo egret's in writiag to those chanbas S. LOAN GHARGkS If a taw, wtiiclt applies to this Ivan and whicls sqs maxirtrum Ivan charges, is finally interp[ttetl so that t)u tnte[cst ui utbtr loan charges t:olltxted a to be collected in conrtecoun with this loco exceed. the ptxtniutd limits, there: (o) arty such loan charge stroll tx reduced tsy the arttounr ntCe5.5ary to aduts tba chuge to the pcntriued limit; and (b) arty sums aUrearly colkuted from mt that cxcce~:d pramitted limits will be refundtxl to ma. 1'ht Note Holder may chvau to n+ake this rcAtnd by rtduetitg the Principal 1 owe uttdcr this Note or by staking a direct payment to me. If a refund rcdttces Pn+xipat, the rcductron welt be treated as a p:utiat Pteprytttrut b. tiClRRUlYER'S FAlI.U3LE TD PAY A.~ ILHQUtItEL) (A? Latt CbarRa tar Overdue I'ayttteutx tf tbt Nott Haider Des nut received for li+ll an+ount vC a:ry rttvuthly payment by the enil of i 5 calcuilar days aflt:r the ti9k it is dot, t will pay a late charge to dx Nutc H<rldrr. 'Cite o+onunt of the c~barge wall be 5.000 Ms, of my uvaG{ur: payment of principal and iuteiest. i wdl pay thts late charge Inuntptly but ut+ly user uu txc6 line p:+yn+ent, (8) peCauit if I da nut pay die full autount of each uwnthly paytncnt un tlx date tt +5 Juc, 1 w,11 be u+ dctauit (C) Kosice of Default !f 1 am to default, flit Mote Helder may :.end ma a wnCcn notice telling Ire that if ! tlo sot pay the vverilue ar+rnuut t,y a cctuin date, the Noce Holder may requitt ux to pry immediuely the full atno+rnt of Princ+pal which has nut been patd and all the intuest that S awe on tlutt amount. 'that date must bt at (cast 10 day, after the date on which ibc nerUce rs snarled to me or delivered by other means. (D) No W'aivcr by Nate Holder Bvcn if. at a tirnt when 1 atn in dctault, the Note Holder does nr:t rcywre me to pay unuiedtatcly to full as dcst+tbtd aM.ve, the Note Noltla wdl sell have ibc ri,1M to dv set tf' l am to default al a later tune. (~:) Pa}meat nt Nute tivtder`s Costs rind kxpenaes If the N~c Hvldcr has rr~~ired mn to fray tmmedtatety in full as described above, the Nine lialdu wdI have the nght to bt paid back by me far alt vt its urost+ and uxpenus io cnforctng this Vote to the extent nett prubtbtcd try applicable law, Thou catpensas include, Cat cxampk, reaso+rahte atttxtteys' lets. 7. GIYWC OF NOTCCES Uriltss applicable law requites a difincnt utctbvd, uiy nonce that trust be grvcn w mo under th+s Nola Nnll be glues by dcltvering it or by ntailmg it by fuss cla_~s tu:rit tv me at the Property Addicsa atwvc ur at a different address if 1 give the Nate Holder a settee of my diiitxent addre~^{. Any notice that must be yivm to the. Note Holder under then Notc will be given by mailing it by first eiasa mad to the Nott Holder at the address st:ued to Seat.»r :l(A) above or at a different arkiress +f t am gi~~en a notice of that different ailrin:c5 8. UBLLL:ATIt)NS f)f P3itiSUNti UNtltilt TttlS NOTE ff more. drat vac pcrsort sighs this Notr, each perwn is 6dly and puxnmUy ul3liylavd W Acep.ttt of th< Ixwutscs rrudc +a tbi+ Nutt, uicludtng dtc ptorniu [o )Jay dtt: lull arrtoum uwcd. Any pctsvs who rs a guaraiuvt, surety yr cadorscr of ih,s N+;tc is also obligated to do Utcsc tbu+gs Any ptrsun who takes outs lhtsc obliaattuns, ittcludmg the obligations of a guar:uitor, surety tx endorta;r of this Nvte, it also obt+gateil tv keep xll ut tlx ptvm+scs made ur dais Note. 'flee Nvte Holdtt may eafortx iLa rights under this Note agat+tst Cacti prison tndividwlly or against a91 of us tvgr.ther. Tlru means Cbat any one of us may be required w paty alt of the antotrnts uwcd under this Notc. 9. WAIVERS and any othcs pcisoti who bas obltgattotu ut+der this Nato waive the rights of I'resentrrtcttt and Nvtitx of t)tshonar "Pteseniuxnt" rneatta the right to itquue file )tote Holdtt w demand payment of anwunts dec. "Naicc aC 1)rshrnior" mcaus the right to requite the: Note Holder to give tmticc to other parsons that amaunts due have rrot t,ccn paid. l0~ UNtFt)RM 5ECUttisu YOTk: 'fins Nvtc is a nudomr rt+stntmcr+t with limited variations in so:nc funsdici+ons. In addition to flit protccuvrts given to tfx' dote Bolder under flits Note, a lvlat;,~age. Decd of TtusC or Scctutty Aced (Use "Security tiisttument"), bated flit san+t da+e as this Note, protects the Note lloldcr Ciaur lxtssiblt losses that might iaSUlt tf 1 do not keep the promises that I stake +n ibib Vote. That Scwnty lnstrumen! dcscnbts ho•x and udder what cundiiiats 1 may bt: required to make mtmediatt payment in full of alt atnaunts t awe undo this Nate Sams of those candthons reed as follows. Fptm 329 r9t ~$79N W7yt0+ bpi sd J t0 ~~~^~,' ~) 11 ~--r./ 1'raasfet• of the Pcaperty ur n Reueficial Interest in IiorroN'sr. As used rn tLis Scctivn !8, "Interest rn the Property" mrarss amy teRal or btnrfie.'tai interest in the Ptaperty, including„ but nut iinritcd to, those bencftcrai inurtsu; tsatssferred iu a bored fut dtxd, contract for deed, instaUwwrr -:ries contract or esctvw agtecmcni, t6: intsnt of which is the ttan:cfer of htle b~ ttorrowrr at a future date ru a trurcirssu- Ifall or any part of the Property ~a my tntatu ut the Propcxty rs sold tar transfirrcd (err if Batowu rs not n natural lrersmn and a lreucficiz! intetrst ur lfonnwu a sold or hansfcrrcd) without Leatder's poor wnttun consent, Lcttdcr may require tuuncdiutc lrayurcttt ut IbU of xll suers secured by rhtx St:cunty lnstrumeut liuweva, tins option Trait not tic e><crctscd by Lctrdcr it tiucL exercise is pnrhthital by Applicable 1„rw. if t.endcr excrersr., thtx n;utum, l~ndu shall gtvu Rarrowtsr rwticc vt accclerauent. `11se notice shall provide a penod of not ltrrs than .i0 days Euw tare elate the mice is given m au;urdarwe with Section 1S witLm which Rocrowcr must pay all Burns scoured by this Security Instrurncrtt. if Borrower fuila to pay these swiss pries to tot exptradrm of tttta period, Lwder may tnvvl:t tiny r:medies permitted by ehts Stcusily lnstrutncr:t without fwtha twtic;c pr demand tin borrywtr bVl t?JESS TIME NA?JlliS) AND SLAL(Sf ut' 1'IIF: tJNDERSI~iNEU. DAVID E WfiLLER -&rrtowex RA M WELLER ttonowcr ..N, (Scram .orrr:~,W~r tam.,w, . (Seal) Q0ITONC7 __._-- -_-.----{Scat) -...-,-- ~ttCIiVM'Or ----- ..... ----- ~ (Scrrl) NUR~'~wCr _._ .. _ _._ (StyO d~„ow<r Sign prtgtnad UuhJ ~- (~~7trN t'~lor ads r a r Forrn 3260 1101 I,.ian Numbcc N()'TE AallENDUNi {Burro+ver's Right to Prepay) THIS NO'1'1: ADDENDIiIvI is mark obis I4tb day of July, 2007 and to uiecuputateJ into and sbatl be deemed to atueted and suppktexnt the Note, peed Rate Nr,te, Ad)ustabk Rate Note, ur 8atlaon Note malt: by the undersigned (tbt "13utmwtr") itt favor of U.S. s3ANK NATlONAJ. A5$(Klr1'1't(il\ NU (tbt "Lctldrt`) axl dated as of even d:rtc brirwitlt (the "Null'). "l'hc ititaest talc slak;d au die Note tii wiled the "Nutt Rata" The date ofthe Natc is called tbc'Nrni: Date." ! (the Barowu) uoderstaitd the I.civlur may ttansftr the Nvtt, the related Martgagu, Decd of Trust or Herd w Sxurc Ucbt (the "Security lnatntment") and this Addendum. "Cbt Lender or meyane wlev tskea the Noe:, Secunry 6islruu>cnt and this Addendum by uamfrr alai who is trttitlcd [a retcivc pt,yinent.~ under the Natc is wHcd the "Note lioldcr". AtaDfTIUNAL (:UVENAlYf1. lu addtuon to We covcnxnts and agretmcttu in ibe SeCUriry Instrument, any Riders to rite Security Instruntcnt, ur dre Nutc, t3orrower artd Louder ftuthtr cuvenaut alai agree as follows (dc!,pilc anything to rise calvary wntained m the ticcunty instrument or the Nutc SOttRUWtiK`S RIC:HT T'f} PItF:t'AY i have the rigbt tv make payments ut Yrtncipat at a,ty unw before tbcy art dve. A psyrtten[ of Pnintpal ally u kn~lwlt sY 3 "Prepayment." When J malct a P[rpaymcnt, (will tell the Note Holdcx in writtirg tout ! am doing xo [f I nuke a I'rcpsytaent prior to rite tbirdatutivcrsary date of this Hatt, t will have w pay a PrepaynirrN ebarge. 'lhe prcpayrntnt charge wdl be ns furrows: pal u Prepayment vl the loan between the date of cAecution of the note and ebc third annivasa+y of dre execution of the Nate, ant percartt (l ,1P/,) of tbt anrovnt of principal prepaid., or Out Iiundrcd Dollars (5100.10. whichever is greatu. If I melee a p~tiat Prepaytncnt, ilitrc well bt nv changes ire the due dart or ul the amvvelt of my monthly payrneni antes tbt Note F{oltltr agrees ui wrttmg to tlrcse cbarigts. [i~' SIGNING BEL6W, f3otsolvu• a4scpts and ugrcri w tjhe~tertns and wt•cnants cuntaincd m tins NOUC Addendum. _(SCaI) t}AVID E WF.LLEIt 33anow« ~,~~~'~-_~~/d~ SANDRA bi WELI.I;K ttaerowar _(SCaI) eloRUwit __ .___ ...-(Seal) ItouuwG fliy,[13TA7'C t7xaD lNiii!WUTS Irtpr,mtM 1{i+la l%~ 5,. rk L'~wi, r~rv tiii7f'F4:w ~ W.. »Qip Loin Number ~ BALLOC}I`d RIDER (Full Repayment Required at Maturity} THIS LOAN 13 PAYABLE IN FULL AT MAT'EIitITY. YOU MUST' tiEPAY TtiE FN'IT11Is PRINC'iPAL BALANCE OF THE LOAN AND UNPAft) 1NTEttES1' THEN DUE. LENaEIt tS UNDF,R NO OBLIGATION TO REFINANCE 'i'HE t,UAN AT 1'itA'r TIME. YOU WILL, TI~REPORI"i., BE it.ELjitIREU TU MAKE PAYMENT OU"t` OF OTH$R ASSET'S THAT YOU MAY OWN, OR YOU WILL tIAYE TO FIND A LF:NDF.R, WHICH MAY BE THE LENDER YUU HAYS THIS LOAtV WITH, WILLING `En LF,NU YOU THE +NnNF.Y. IF YOU REFINANCE 't'N[S LOAN AT MATURITY, YOU MAY HAYS TO PAY SOME OR ALL OF TtIE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EYEN tF YOU OBTAIN REFWANCING FROftt Tlx: SAME LLrNUER. TH1S SALLtX7N RIDER rs made thts loth day of July, 2007 at+d is incorporated into and shall be deemed to atrtend and supplement tbt Mvttgxgc, 17ced of Trust or Security Deed to Secure Dtbt (ihe "Sccu+~tty lnstrumeat") of the same daze grvsn by the undcnsigttcd Rhe "Fiotrower") to secure the 13ormwer's Note to U.S. RAMC NATIONAL ASSUCtATIUN ND (the "Lender") of the same date atsd covtrtag the property destaibcd m the Security lnstrnmetitt and lacatscl at 14 ALLISON LN Sliil'PENSBURG, PA 17257 The intereu rite smtett on the Noss is called Usc "Note Rxte". The date ttf the Notc is cattotl the "Nora Uate". l urulsrstaad the T.et~ec may transfer the Nac, Scamty lrtstrurrtettt oral thts Rider. The Lcndsr or anyone who takes the Note, the Security lnstr.+trumt and this Rider 6y trartsfu and why is entilirtl to trccive pxyrrrcnts under the Note is called the "Hots Holdu". TM Nas is a Ilatloon Nate which moms that the amount at' +ry monthly paymettt is rnsufftcient to repay the Note in full by Mtrcurdy Tbetefare, flee final payms+tt wttl be significamty larger dran the other payments rtrttkr the Nate. [ understand that the Lender is under no obtigation to reftrrance du Note or to modify the Nute or reset the Note Rate or m extend the Note Maturity Dau or the Matunry Date of this Security insaument, and that i wrtl have to repay the Note from my own resources or find a fernier verging tv lend me the money to repay the Notc. 1 fi+rihu understand that sbouid I rtot repay the Note art or before the Mxmnry Date, I writ be to default, and the Ledder wi11 bave the rigtst to ezercrrx all of its nghu xgai+ttt me bccauu of my default, i+tclnding the right to foteclosart of the Seettnty lnstrvtnent, ar other rartcdcs pcrrrrittcd by law.. BY $iGN1NG Bf.1..OW, ticttrowsr aacpts oral ogress to tttc terms and covenants contained in thts Balloon Rider. l~ '~ ~ (seal) ---.-_~_._.______.__.__~(seal) DAYID E. WELLBR -sorter -~"~+ __` 1(,Yr~~... _.._ _. ..., ..--- -_ ~_.. _._.__.._.__ (Stag AN M. tVELLE - nurm~ Borrower -rtanzT~t,s ur:uw++arara . sM. r..a, r.... acrrs~txri -ao. turn EXHIBIT "B" ~,A ~~ i ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTIiOUSE SQUARE CARLISLE, PA 17013 717-240-b370 Instrument Number - 200734302 ' Recorded On 8/2/2007 At 12:17:48 PM * Totai Pages - 20 * Instrument Type -MORTGAGE Invoice Number - 1229 User ID - MSW * Mortgagor - WELLER, DAVID E * Mortgagee - U S BANK NATIONAL ASSOC ND * Castomer - FIItST AMERICAN LENDERS ADVANTAGE * FEES STATE tPRIT TAX $0.50 STATE JCS,/ACCESS TO $10.00 JUSTICE RECORDING FEES - $41.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 covrrry ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $68.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ? ~ /S' . RECORDER O~ DEEDS • -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. iuii~fiiiiiuii ~cj t~ ~' ~~ ~~ ass Prcpartd 13y: -O-TA'~' U. S. ~tlf, Attn: Rim Rintep U.3. SANK NATIONAL ASSOCIATION ND Mail atop idK-NZ-IiF-YiM i6 NINTN AVSNtJ£ NORTH 809 S fi0th Street, M210 Ro19tIN3, D®i 55363 went Apia, i7T 53214 Farc~cl Number: 4i-12-0328-013 _~-_~r,.-.__~-(Space Abovc 7`Ck Idae Fur RreunMn=I1aErJ-- _...... .. .... MO~TGAG~ ~a~ 95`.58' DEFfNt'T70NS Words used itt muitiyle seerions of this document arc dafincd belgw and gthcr wards rzro dakincci in Sections 3, 11, 13, 18, 20 and Zi. t;ertain rotes rt;ttarding the usage of wtuds used it this document :rte ulsq provided is 5ectign l6. (A) "Security Trtetrtrtteu;t" mcu~ thu document, which is datedJaly 14, 2007 > together with a[i R,iders to this dtxxunezlz. (B) "liarrowcr" isDAVID &. NBLLEA AND SA2iDRA at. irttLLER, Ht7s$iltdD AND KI!'£, As Y7±NANT9 BY TH7t Sx¢TIRETY Bwrowtx is the mortgagar under this Sxurizy lnsaumeztt. (Gy "I.endar" is u. s. BANK tu+xioaQaL AssoCxA2xox ND Lander is a A NATIONAL. AS8OC17'.'RION pENN8YLVAtAA - Sir,yte r'mruly - FartccEV MaaJFreEWW1e Mac UNif ORM INSTRUMENT f=woo 3038 ir01 Pe001 ~ id InQ~4' V41P AWR76ASSE FtN+![S - 4u0yf2t r~Qtt 1 C' u (1 y 0 ~ organized snd existing under We laws of THIC t)NITED sTATBS QS AMERICA. l.endar'3 address is 5328 - 17TH AVffi)Nt7E SW, BARN, tTU 56103 tender is the mortgagee under this Security Instrutncnt. (I)) "Note" tncafts the pront{swry note signed by B°'rruwrs and dated~u.Iy I4 , 2007' 7hC Nax states that Bvrmwer nwe5 L+txsdL7Oli8 FI[18tt)A~B T>zN THOiJ6AtiD $ZX trt7ttD8RED AtiD 00/ 100 Dollars (L3.S. S 110, 600 , 00 ) phu interest- k3cxrtrtver' Irax promised to pay this debt {u r~vlar Periodic Payments and to pay the debt in full not rater than Auyu&t 1 , 2022 (~) "preperty" means the property that is described below undcx thn hcadirrg "Transtier of Rights in the Property." (F) "Cosa"means the debt evidenced by the Nute, plus tnierest, any prcpaymcart charges anus !au charges due under the Note, and all sums due under this Security Lrstrurnent, phis interest. ((,) "Rldera"means alt Riders to this Security Fnatxtrmcnt that art executed ray Barrawcr. The faltawiarg Riders are to be executed by Bcanower• (check twx as appticableJ: Adjustable Rate Rider ~ Cortdaminturrt hider ~ Sccartd home Rider ga}t~ Rftder ~ Plattrted Unit Development Rider ~ t-4 Family Rider VA Rider Biweekly Payrnerrt Rider ~( Other(s} (specify] (EI) "Appikahle Law" rrrearrs all contraUing appi{csrbletederai, state and local srarotea, regulations, otdinartces and administrative rules and orders {that have the. effect of iawl as v~~ett as all applicable final, non-appealable jttdirtial opiaians. (I) "Commnn#ty Association [1aes, Fees, and Asstasmenu" mesas a{{ dues, fors, assessmarsts and other charges that. are imposed an Hornower or fire Property by a condominium assvciariaa, homeowners aasvciation or similar organization. {.~ "Eleetronk irttnds Transfer" means any transfer of fmuls, ether than a transaction otigurah;d b}• check, draft, or sunilar paper insttvment, which is init{and thrvvglt an clectrvrtie tetnrinat, tctcphoni~ instntment, computer, or magnetic tape so as to ardrr, insttvct, or attthoriaz u financial inatituiian to detail or credit err accvuat. Such term indudos, but is not limiksti tv, point of-;ale transfers, auWnuted tc3kr machine ttunssctians, tratufers initiated by telephone, wtre trazuters, and autor.~ated ekaringhausr transfers. (1C) "Escrow items" means those items that are described in Section 3. (I,) "Mlscegs>~aus Proceeds" means any compensation, sctt(txnent, award of damage,, err proceeds paid by any third. party {otlror than insurance proceeds paid under the coverages described in Section S} fnr (i} darrrage tea, or destruction af. the Properly; ({{} condtxnnatian yr other taking of a[I ur any pazE of the Property; (iii) waveyartce in lieu of cotu{emaatian; m {iv} rnisreprescntations o~ or ota{ssious as tv, the value and/or cxrttd{tian of the Property. (l12) "Mor~age Iosurattce" mesas insurance protecting Lender against rte nonpayment. af, or default on, the lour. (?~ "Per'#odic Payracut" means the rcgrrlarty scheduled anrourrt due for {i) pr{tteipal and interest under the Note, plus {ii) any amvtmta under Se~etian 3 of this StcurtN fnstrucrwnt. ,nriW . .y~~,~p~ toooaloi p.yo 3 d ~a ~ Farm 3038 trot {a} "RESPA^means tyre Real Iis~~ Sr~tJenxatt Proccdurt3 Aet (t2 tI.S.G. Section :Zti{1I et seq.} and its intplentmuting regulatitm, Regulation 7{ (24 C,F.R. Part 33t10), as they might be amcrxied from lino to time, or aay additional or suctxssor legislation or regulatiaa that governs the same subjtxt maaar. As used in this Security Ipistrttment, "RHSPA" refers to ell xeyuitetncnt« and rtistrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan dais not clualzfy as a "federally related mortgage loan" uuder RESPA. (P) "Sncneaatrr ut Interest of Harrower" means any parry that has taken title to the Aroperly, whether nr not that party has assuxncd I;csrower's obligations under the Note andlor Phis Scrtuity lnstruntettt. TRANSFER CAF RICrHTS TN'11iL PRt?PERTY This Security Insmrmeat sccuri~s W Lender: (i} the repayment of the Loan, and all rcnewata, exteruions actti modifications of the Nate; and (ii} the performance of Harrowei s wverru:tc and agreements undo this Scctuity Intirument and the Note. Far this pttrpace, Bcurvwer dcrca hereby maRgage, grant and cnttvey to Lender the foilowirtg described praperry located in the CotlNxx trYra of tt~x~g JutitdiouaaJ of CtRtB~ttLl1ND (Namo of ltacord3ne JtuisdictionJ: 88E"ATTP+CtsgfSNT R" which crtrreatly has the aJdress of 10 ALLISON IJQ iSvaecJ SHIBD&NSHIIRQ (~=+'YI, PCrurSYtvavia 1'72ST [Zip COecJ ("Property Addrss„}: 'FtXr`I;I'HER WITH all the impravcntettts new or heresiter erected an the property, and alI eafen+cnts, appurtenances, and fixtures new or her~fter a part of the property. All replaccttwnts and additiom shall also bt covered by this Sttttrity Ittstrttntent. All of the Ioregoutg is referred to in this Security Instrument as the "Propcriy." ~~~~ k,~~~~i l~~PIU sroos)n~ emu. ~ «!e ~, Fatn 3t139 tJ6t ~~bb ~ gpgR()WER tXIVfiNANTS that Bomowar is tawfutly seised of the estate hereby aaaveyed sad has the right to moregagc, great and convey the Prapsrty sad that the Property is uttencumbevred, cxecpt fur oawmbrancts of record. Basrowcr warretrts and wiA defcad generally tErc titre to the Property against all claims and dcrrmtxia, subject w any cncvrabraaces of rcrxyrd. TIiIS SEC'(JRIT'Y INSTRUMENT combines uttiform cavenaats for national usx and nos-urtif'orrn covatraats with limited variations by jurisdiction to canstitutc a unifarm security iastrnxtrent aoverixig rctd p~Y~ UNIFORM CQVENAN'CS. Harrower and Lender covenant and agree as follows: 1. Payareat of Pritrclpal, Iatsresf, Escrow Items, Prepayment Ghargea, sad Late Cbrargr:s. Burrower shall pay whca due tlro principal al; acrd irrterest on, the debt cvidancad by the Note acrd any prepaymetrt charges and late charges due uraier the Notc. Banrvwer shall alas pay fonds far Fsrxow Items pmsuaat to Scctlan 3. Payments due under the Kota aril thix Scetairy Instrument shall ba made u[ U.S. cutseacy. Ilawcver, if any check or other instrutacrrt received by l.errder as paymem tmdot' the Noce ur this Security laatrtrmcni is returned W Lender unpaid, Lauder Wray requite that any or all sabsequeai payrttcnts duo under the Note and Chia Security Iararomtalt be made in ot~ ar mare of the fallowing farms, as selecicd by I.erulcr: {a) cash: {Er) tnaaey order, {c) certified check, bank cheek, treasurer`s check or easbiu's check, provided say such cher:k is drawn upon an institution whose deposira are insured by a fedwal agency, iastntmenrality, or entity; tx (d) Eloctronic Fonaa Transfer. Paymerts era deartred received by Lender when received at the location dasignatad in the Nate yr at such other location as maybe designated. by Lender in accordance with fire nutioc pravisioas in Section 15. Leader may return any paytzrent ar partial payment if the pxyttrcut yr partial payurcuts are insufficicn: ro bring the loan current.. l.aruler may accept any payrnrnr ar parial Qaytmnt insuffseinrt to Wring, the i,uan current, without waiver of any rights hereunder yr praludice ro ik: rights ay rr:ltrse such paymer=t or Qartial paymener in the forma, but l.endcr is not otiligaxd to apply web Qaytnents ar ibe tirue ;;ucb payment+ are saepted. If each Pexiadic Payrncrrt is applied as of its scheduled doe data, then Lender aced not pay interest on unapplied fonds. Lender may hold sut:h unapphad funds until Iiarrawer makes payrncn[ to bring the Loan current. If Harrower dues net do sn within a rcasonalrle period of lima, I.rndar shall aifhrr apply such funds or return them to Banrowar. If not applied tarlier, such fiords will be applied to the outstanding Qrincipai balatrcc tlndcr the Nate ittrmn~atcly prier to forealosura. No offset ar ctairn which Borrower might Gave crow or in tfic future against Lender shall relieve Borrower foam making payttnntS due uadct the Nate and this Stcurity Instrument ar perfarmittg the evvtaartts antl tgrtaraeats secured by dais Secrtrity lnstrurnent. Z. Appiicatiau of Psymeats or Proceeds. 13xacpt as othi.Kwise described in this Setxian 2, ail payureats accepted and applied by I,cnder shall be applied irr the faifawing order of priority: {a} interest due wader the Nate: {lr} prins~pa! due wider the Note: (c) atnaurdS due utulcr Settion 3. Suoh paymenu shaft be applied to earth Periodic Payment in thu enter in which. it became due. Arry rcntaining amounts shall be applied first to Ilia charges, secatxt to any ether araauais due under this Stcurity lnstrutncnt, anti than to reduce dre prinrtipsl bslaocc of the Note.. If I.etrdar receives a payarent from Borrower for a delurquent Periodic Payment which tnchrdes a sufficient amount tq pay any hate charge due, the paymcat may he applied to the delinquent Qaymant end tht: lak clrargn. If more than anc periodic Ysymeni is outsrarrdmg, l .carder rnny alaply any payment raceivad fluor Harrower tv the tepaynresrt of the Periodic Payrrnntts if, and to the extant that, each payment can be ~ i~3u.a . 't~ -6IPAI lmaa7ut °+p+~ a ~~ ~^y'~C~ Fours 3039 1Pt11 c..{'./ paid in foil. To the extent that any excess exists after rtes pxymcrt is applicd to the Kilt payment of one or moue Ptxiodu Payments, such assess may be applicd ro any late cheugcs dec. Vohantary prepaYtnents s6:<Q be apphod fire to any prepayment charges and then as described in dre Nate. Any appticaaoa of payrricnts, insurance proceeds, or Iufixellancrous Proceeds to principal due under ttie Noce shaft sot extend or postpone the due data, or chan};a the amDUnt, Df the Periodic PayttAerats. 3. Faads for Escrow Ittrna. Barrower shat! pay to Luteler on the day ParioeliD Payrnems arc due under the Note, until the Nora is paid in full, a sum (rite "Feeds") to provide for payuiutt of atrawnts due far: (a) taxes sad assessments and oditx ittuss which can attain priority aver this Security Ittstrvmcnt as a lien or enctunlxance art. the Property; (b) leauhold paYu~uts w' ground rents on the Proparty, if any; (c) pcomitmas for any and all itsStirance txgtrirrd by Lcxtder under Section 5; sad (d) Mcxtgage tnsurance premisarns, if any, or tiny sutras payable by Borrower to Lender in lion of Ybe payment of lUltxtgage Insurance prenaunaS itt aecardarsce wide the pcovisiorrS Di' Sedian !0. These items art: called "Escrnw Items." At rmgiaatian or at amy time during the rum of the: !.Darr, Le-trdet may reGttira flue Comznnnity Assoeiatiar Llnax, Fes, and Asscasmaits, if any. be escrowed by Sarrowar, aril such duos, fees and asseurnants shall tie err lrstxow !tens. Bornswu ~atl prarnptly fnzrrish to Lender alt notices of amounts to be paid under dais Section. i3txrwvcr shall pay Lctrdar' the Funds for Escrovr Items unless Lander wolves 13arrower's obligation to pay the Fnnds for any or all Bscrow hcrtur. Lender may waive Hormwer's obligation to pay to Lander Funds for eny ar all &sexuw Items at any brae. Any such waives msy only be in writing. in the avemt of sus:h waiver, Borrower s6aIl pay directly, when and wlrcrc payable, the arrrounts due for any F.sa'ow Items feu which payment of Funds has. been waived by Lrxtdra and, if Leader r+rgtrires, shalt. ftttrrish tq Lender racelpts evidcnczng such payment within such time period as Lender may rcruirc. Borrower's pbIigation W make such paytrrerrts and w provide rcc.~ipts shall for a!I putpaus be dcerncd rD be a covraant and agrc4~rnrxat wntained in flail Security Instrumerrz, as the phrase "'wvcrsaut and agrecnunt" is used !n Section 9. tf Borrower is obligated to pay kscrow [terns dirtxtly, peusuatu w a waive, and Borrower fails to pay the amount due far an Escrow Ctem, Lender may exercise its rights under Section and pay such amowtt and $Daawa shall then be Obligated nrtdcr Scctiarr 9 to repay to Lender any Stroh amaum. Lewder may revoke the waiver as to any or all Escrow Items at tuiy tune by a notice given in aueudarree with Section l5 and, upon such tevers:atiorr, Borrower shall pay to Lender a!! IlmdS„ and in stick arrwtmts, drat are then resluirod metre this Section 3. Leardcx may, sa any time, collect and hold Fonda in en amount (a) sufticiutt w permit Le~rader W aPPIY the Ftmds of the tune specified under itESPA, and (b} not tO excered the rrtaxirmam amount a lender can requao molar ttESPA. Lendex shall estimate the amount. OC 1=u:sds due err die basis Of current data and rcasemablc estimates of cxpcnditures Of firturc @scrow items Or otherwise in accurdarsce with Applicable Law. The Futads Shall be held in an ins#itutiDO whose deposits are insured try a fetlenal agency, instrumentality, of entity (trr;tudittg Lender,. if Letulet is an institution whale depOSits are w insured) Dr in aziy Fodaral Eltsme Loan Bank. Leader shall apply the Fnnds w pay itra Escrow lttrras no later than the time specift~ easier ttESPA. Lender shad ntrt charge Borrower lur holding and applying the Futuis, aitmsalty analyzing die escrow account, Dr verifying die F,stiaow !terns, unless Lender pays borrower interest oa the Fnnds and Applicable Law permits Larder ko tnaka snch a charge. Unless an agrccmrnt is made in writing or Applicable Law requires intctrst to be paid an the Funds, Lender shall not be required to pay Borrower any interest or eanainks on rho funds. Barrnwor and Lcndcr can agree ru wziuztg> howrvca, that irtteres~t -~ IM: ~~6(PAlpues}a+ a~5a,n -- .. Fbrtn3a34 1roi r.~.i shall bt paid an floe Ftmda. Larder rtrall give to Harrower, cvthaut charge, err annual aocounrittg of the Fgttds as required try RFSPA. if these is a surplus of Funds held in escrow, as dalinad under RFSPA, Lrndar shall account to Borrow« for the ex,.ta firnds in acr:ordattco with RFSPA. f£ there is a shortage of Puttds httd in escrow, as defined ttrxicr tiSSPA, Lender shall ratify Harrower as required by RFSPA, and Harrower shall pay to Lender the amottut necessary W make up the shortage in accardatrce with RFSPA, but to rw atvre than l Z tttourhty paymprts. if there is a deficicrtcy of Ptmds held ux escrow, as dafined foxier 1tL"•SPA, Lender shalt notify Bcurower as requited by RFSPA, and Aarrowtx shalt pay to Lender the attrotrtri ncctssaty to make tip fire deficiency in arcardaact with RFSPA, trot in rue more than Z monthly payrnexrts. UPS PaY-gertt in full of all sums secured by this Security Instrument, Lando shall pramptty refund m t3otrawtr any }?Duds hakt by Lendct. 4, t:isaxgas; irieas. Borrower shall pay aft texas, assesacnptts, charges, fines, sod impositions attribut~rle to tlxs Ptnpexty which. can attain priority over Chia Srxxiriry Instrument, laxsdratd payments or ground rtnts on the Proputy, if arty, and Camrnunity Aas«-iation 17ues, Flu, and Assessments, i£ any. To the extent drat these items aro G,staox~ items, Borrower shall pay ttsarcr itt the manner provided is Section 1. Harrower stroll promptly dist:harge any tilts which tree pxtarity ovtx this $ecgrity lnstrumcctt unless Brnrowtr (s) agteas in tvtiting to tba payment of the obligation secured by the Tian in a manner acceptablt to Londtr, but only so long as Borrower is performing such agraacrunt; {b) contet;ts the lien in good faith by, ar defeats against enforcement of t)re ties in, legal procaedirrgs which in Lender's opiniaa apttata to prevent the cnfanbmant of the lice while thaw proceadittgs art ptrxliag, but only rural such prtx:ctdurgs arc cortcinded; ar (C) secures from flu holder of the lien an xpraetrnertt satisfactory to Lender subordinating the lien to this 5ceruity tnstxutrraztt. if Lander dtterrnints that at:y part c>f the Prapatty is subject to x ltcn whix:h can attain priority over aria Security lnstnttnctrt, Lt.-crdar rrtay give 13utrawer a auticC idetrtrfyiog th6 lien. Ntithiu ]0 days of the daft on which that notice is given, $orrowcr shx11 satisfy the Iien or take ono or rtxxa of the actiatts sat Earth above tit this $aGttaU M1. trader tray require Boerawa~ to pay a otre-time charge fvt a real esbrta tax verifrc~atian arrdr'vr reporting suvice used by Lander in rannct-tion with this Loan. S. Property Inwrarcc. Bormwtr shall. keep the imixovamatrts trove existing or hertattcr trtct~i on the Property instued against loss by fire, hasnrds included within the tam °extanded coverage," arsd any other hazards including, but not limited to, eartlrcltrakrs and floods, far which Linder rtgtrixes insurant:a. 'I'bis insuraucc strait be maintained in the amounts (irutudiag deductible levels) and far the periods drat Ixnder requurcs. What Lratdar rr~uiras pursuant to the prtcediag senttnct~s can change daring tits term of tttc Loan. The instuanca carrier providing the insurastct shall ba chosen by Batrowcr subject W Landar's tight to disapprove 13otrowet"s choice, which right shall not ire axacised unreasoratrly. L.cndtt may require Borrower to pay, in canotatio4 wittr thus Loan, artha: {aj a ant-tlrtte clrargt far flood •rAmc determioatiau, certification and traaicing sarviccx; or {b) a one-flux charge for Aaod rant dCierruitzatian xnd certif7caticm services and subsequent charges each tithe rtmappings or similar changes utxta~ which reasonably fright affec-t such detarminatiat or certtficattvn. 13orruwer siratl also ba raspnnsible far the payment of any fcxs impaled by Ure Tadcral Earergexuy 'vtxnagement Agern~ ir; eanncetion with the review of any flood zone detrrmuratian resutdng 6brrt an abjection by farrrowar. 0000625019"7418 ~ rruti.n, ~.8(PAj~aroi v.w,am,e ~ Fbtm3lt39 1101 ~i~ ff Harrower fails to maintain any of the coverages describat above, Lender may otttaitt itrsura»ce eoverago, at I:atdor's oP~n and Borrower's ettpcnse. Lender is uraicr no obligation to purchase any particular type ar atrtount of coverago. Ttrerefore, such eovcragt shall cavcr Leader, trui aright or might sot protect Barmwer, Burrowtts equity in the Property, ar the contettts of the Property, against any risk, hazard of liability aad might provide greater or lesser coverage than was previously in effect. Borrower adntowtedges that the cost of the iasttratree coverage so obtained might stgnifleatttly exceed the cost of insurance that Bturower conk! have ctbtaiued. A:ny saratrats disbursed by [.carder Trader this Section 5 shah became additiaasl debt of Borrower secured by this Security lrtstnutrtnz These aratounts shat! (rear interest at tix Note rate Sent the date of disburscrnerrt and shaq be payable, with such itrtrttrest, opus notice from Linder to Harrower requesting paymcat. Alt ittsuratix:t policies required by Leader and renewals of such puln:ies shall be subject W Lettdu's right to ditmppoove such potibci~s, shalt. include a standard atprtgagc clause, and shall Warne Lauicx as mortgagee and<or as an additiond loss payer. lender shalt Gave Ute right to hold tlx policies attd renewal ccttificates. !f Lasder requires, Smzower shall promptly give to Letuler all rcoeipts at' paid preratiusats and rettawal notices. If Borrower otxains any form of trt~;urattee covcragq nut otherwise roquircd by Lender, for damage ta, or destruction of, the Property, such poly shaA include a statxiard artutgagc clause and shall name Lender as mortgagee araltor u as additional ins payct. In the event of toss, $orrowa shall give prompt nctie:c to the iasurance carrier and Letzder, Lutder may make proof of loss if twt medc ~vntptly by Borrower. Unless Larder and Harrower ocherwiac agree in writing, aay ituurasrct proceeds, whcdter ar net ttu underlying insurance was required by T.utder, shall tx applied to reatoratiaa or repair of thtr Property, if tht rutoratian ar repau is ecoswmiaalty trasibk: and t.atder's security is riot tesatsted. Dosing stxh repair and restaratian period, t,endcr shall !rave the right to 6otd such insurance prxetds unlit Lender Gas Gad an opportunity to itupect such Property to ensure the wank has bean aampleted ro Lender's satisfactiat, pmvidod tGai. such 'inspection shall be undertaker promptly. (.ender may disburse proceeds for the repairs and restaratitxi in a single payment. or in a series of progtGSS paytaents as tin work is camplctcd. Unless an aKreernent is aortic in writing ur .4pplicablt Law requiocs interest to be paid oo such iltsuratsce proceeds, I.mdtr s1u21 not be requued w pay Bacrawtr any interest or earnings on srk:h procatds. Fees far public adjuster, or ulcer tGird patties, retaincti by Botrawer shall not bt pans out of the insurance proceeds and shalt be the sole obligation of Borrowwr. tf the restoration or repair is not ecottomicaity feasible ar l,endcr's ncatrity would bt tessencd, the insurance proceeds shall tx applied W the sums srxracd by this tiecutity Inazrument, wtu:thtr of not theta due, wilt the txccss, if any, paid to Burrower. Such insurance proceeds shall be sppitcd in the artier provided for in Stctian 2. If Harrower abandons the Property, Lwder may file, neltatiate atxt settle attY available insurance ctaiat and related matters. if t3aatowcr dots net respond within 30 days to a notice from Lender test the ittsasnce catzia has offered to stole a cbtim, tGett Lender may negotiate aril settle tGc clsun. The 30-day period wi[1 begin when the notice is given. to tither event, a~ if Lrnder acquires the Property ulster Section 2Z or otherwise, earowcr hereby assigns to Leader (a) ti~rawer's rights to any iuattraact pnrcecds is as amount nor to exceed the arrxntnts unpaid under the Note of this Security Ittstrrtmcnt, and (b) any other of Borrower' a rights (other titan the right w any refund of unsarneel pterniams paid by Borrower) under ail inBnrattCt policies covtring the Property, nrsatar as such rights ur applicable to the coverage of du Property. Lander may use the inswanec proceeds citha to repair at restore the Property or to pay amtwnts unpaid trader the Neu; or this Security Instrvment, whither or not then dot. s ~~IPAlt~ror .'„y„ r.e,b "'Perm 3Q39 1N11 6. UtcapaueY. Borrower shall occupy, establish, and use the Property as $orrower' s pnxrcipal tesidertce within 60 days afltx the execudon of this Security lustrutneat and shall continue to occupy the Properly aS Borrower's principal reaidenec for at leas. urre year alter the: date of occupancy, utdtss Lender otherwise agrees in writing, which. consent Shall not be unreasonahty withhold, or unless cxtertuating circumstances exist which are beyond Borrower's control T. Prexrvatfon, Mainttntaace asd protretien of the Yrtrperty; lnspectaena. Barmower shall not deseay, damage or irxtpair the Properly, allow the Property err deseriorate as coaualt waste ar dre Property... Whether or riot Borrower is residing in ttro Proptrry, Boaowa sltAll maitttaitt the Property in order to psevettt the Property from detcsiarating ar decreasing in value duff to its condltlon. Unless it is dctcrmipkd ptrrsuaat to Sectkxt 5 that repair or resmration is not ceonotnir•;atly fessibk, Boartnver shall P~~Y tvsparr ~e Property if darnagsxi to avoid farther duseriaratiou or damage:. if rtsur'arrt%e or cotitidemrratitm proceeds are paid in connccfion with daamge to, or the taking af; the Propatty, Borrower shall be respotxst'blc far repairing or restoring the Property only if Lendtx has released ptot:ceds far such purposes. Lcatdsr may disburse ptncceds for the repairs artti restoration in a singly payment ar is a series of progress payrru;nta as the work is aatrrpleted. If the ins-utauce or catklemoatiun prtx:cer s are trot sufficitatt to r+cpair or rostore the Property, Borrower is nut reliived of Borrower's obligation far the campletian of such repair or restoration.. Larder or its agent may make reasanablr. ctruics upon and inspections of• the Property. if it ha. reasonable carat;, Larder Wray itrsperx the interior of rho iznpravcnrenu an the Propety. Lender shall gtvc Borrower notice at the time of"err prior to such sn intaiar inspection Specifying such reasartahlt: [ruse. 8. Botrewer's Loaa ApplkaNoa. Harrowcz shall be in defwlt iF during the Laan apptir~tian process, Borrower or any pcrsnns at entities acting al the doecticm of Barrownr err with Borrower's knowledge or consent gave materially false, rttislcading, or irracurata information err statcrnerrts t0 Ltnder (or failed to provide Lender with mataat information] in curtnactiou with the Loan. &Iatetial rgxesentations irtelude, but arc rot limittti ea, representations aaucamiug Borrower's ooettparrey af" the Property as Bturower's principal residence. 9. Ptetscdaa of Lemler's luterest is the Property and Iltgltts Under thls Security Instrumaat, If (a) Borrower ails to perform the txrvrnante acrd agrccnrents uanlaiued in this Sectuity lnstrumctri, (b) there is a legal prnceedirrg that might sigaif`icarNy affect Lender`s interest irr the Proprrty artcUor rights uudcr this Saourity Irrstrutaettt (wch as a proceeding in bankruptcy, probate, far candemnatrott ar ficxfeiturr, for eaforc«aeat of a lien which stay attain priority over this Security lnsUVrrruzrt w• to eafon;o laws or regttlati~s), or (c) Borrower has ahandvrlr:d the Property, tirrrt larder may do axxl pay fnr whatever is reasonable or appropriate to protect Lender's inuru~st in the Property an<I rights under this Sccunry' Instrumw~rt, including protrcting atrd/or assessing the vafuc at the Pmpaty, and securing aru#/or repairing the Property. Lendtr's actions can include, but are not lirnded ter: ter) FaYmg any Burns secured by a lien which has priority over this Security lnstatrnrent; (b) appearing in court; cad ~c) payhtg reasonable attorr:eys` fees to prottxt its mtrrest in the Prupedy and!or rights under this S+xttrity lnstrvment, ittalttding its secued position in a baulurrptcy proceeding. Securing the Property includes, but. is nut titnimd Ea, entering the Property to make rr:pairs, change locks, replace err hoard uP drxus acrd waxlows, rh'arn water from pipes, eliminate building or other code violatiats or dangerous canditiatrs, attd have utilities turned on of aff_ Although Loader may take aatioa under this Section 9, Lender duns not boor: to do w oral is not under any duty or obligation to do so. It is agreed that Letrder inarrs no lialritiry for rax taking any err aQ. acsiotts authorir~ed under this Section rI. t maai~ _. ,~,,~~,~tauuai~, w~yd.e ... Form 3038 tf61 Any arnnunts disburstd oy Leader under dais Suction 9 shall become additional d~ of Botmwer sccttrod by this S~nrity Instrumcrnt. Ttacse amo+arts shall boar nnterest at the NoG: rate fiam the dare of dubussemutr and shaD be payable, with such iotetrst, upon rwtice from Lcmdm w Borrower roquesting payment. if this Socurity Instrurzaent is on a leasehold, Harrower shall comply with cell the pravisians of the tease. If Borrower acquires fee title m the property, dar lcaxthnid arced thr fee +3dc shall nut merge unless Lender agrees to the metgtr ut waiting. 1®. Mortgage Inruraote. If Leader requin:d Martgagt lnsurarxz as a condition of making the Lnwt, Borrower xhall pay the p~rerniums required to maintain the Mortgago lnsutanco in effect. if, far arty roasan, the t~99ortgage Insurance coverage rtquuod by Lander ceases w be available Smrn the martgagc insanrcr that previously pmvided sash iruurance and I3txrnwtr was requeed to make separately designated paytntnts IavKUd tt~ premiums ftx Mortgage Inmramx, Bcxxowra' s1aall pay the prtwrums required to obtain cavcnge snbstantislly oquivalent to the Mattgsge lnsarer+ce previausty in efftxt, ai a cost sutatatnially oquivakxit to the tau. to Borrower of the Mortgsge Insuranc~c prtvrntrsly in e[ect, facrm an akrnnate nrorigege insurer utected by Lander. If substantially tquivalcrtt t+Sartgoga lnstuance coverage is not available, I3cxrowcr shaA continue to pay to .l,cnder the srnount of the scparau:ly cksigrtatpd payments that wcto due when tlrertu:urancc coverage ceased to be in effect Ltttdtr wilt acct~t, Sue and retain these payments as a non-reftmdable loss reserve in tiro of Mortgage lasurarate. Such toes rxacrvc shall bt non-reftaudable, notwithstsnditag the fact that the Lvsn is ultirssttety paid in full, and Ltndar shaA tint ~ required m pay Botrmvar any interest or earnengs on +arch tosx reserve. Lender cxn tw tonger xequve tars reserve payt~nts if Mortgage Insurance coverage (in the amount and for the period that Leodu tegwirtfi) provided by an inaura setocted by I.,ender again becotncs svn+itabte, is obtained, and Leander requires sopturately designated payaarnta rawarrl the premiums far Mortgage Insurance. If Lender' required Morigagc Itasutancn as a eonditann of nudtiag the Loan and Buna+we+ w c;; rtquutd tv make :tparaxcly designatt<1 paytttents toward rho premiums for Mortgage Insuran«, Bcurowar shalt pay the gremiutns rcquiued to muatairn Mottgagc Irtstnance in efft:ct, ar W provide a uorrrnfaradable toss roscrvo, nnntil tanrkr`s rcquircment for Martgsgc Insurancx ends in accordantt with any wrsaen a~rmeut. betwcon Bnrrnwer and I..endtr providing for cttth terttninatian of until lamination is required by Applicable Law. Nothing in this Section 10 affects Borrower's ob!sgatsrm to pay interest at tht rata provided in the Nate. Mortgage tnsursnec rtimbttrsts L.cnder (nr any entity that purchases nc~ Note) for ttrtain tosses n may incur if FSarrower dow eat repay the I.oarn as agreed. Bnnuwru is not a party to flat Mortgage lnsura~o. Mortgage i»snnras evaluate their trNal cisk on all such insutarux in €arct Irocn ticnc to tune, and may salon urto agre~ernerrta with other parties that slna+e or modify thou risk, or rextuee lvasea. `those agreements are on terms anal toraditioas that arc rtatisfau;trny to tIx mortgage insarrcr and the other petty (ar partios) to these agrtemanrs. 'These agreerr~nts may require rho mcartgagt irnsur~ to make payuntrtts vsiag auy source of funds fat the mortgage irrsurer may have avaakrbit (which etas ira;tudc fi+uds obtained from Mortgage tosurarnco premiums}. As a result of these agreements, Lander, any purchaser of the None, another insurer, any reinsurer, aces athor entity, ar arty affiliate of any of the farcgnirng, may rrccivt Idirectiy or indirectly) arnorrntx that tterive from (or millht be chatxcteriud as} a (wttion of Bnrrativta's paynunu Ter Mortgage Insurance. in excherago far steering ~ anadifying the mwtKagt iusurtr's ask, nr reducinag losses. If such agreerrrern provide that an affiliate of I.endtr takes a share of the insurers ask in cxchMtgc for a share of the promiuma paid to the insurer, the arcangamerat is often tcrtaed "cAptivt rt:inarrance." Ivrthor: (xy Aey each a$reemerrtr wilt not affctt the smouuts that Burrower etas agreed W pay fur Mortgage laaurance, ar any other terms of thr .Loan. Such agreements witl not lnerease the amount Borrower wth owe for Mortgage Iusaraaca, and they will not entitle Borrower to any refaced ~~b(PAiromsaa+ n„"e~tta ~ J Form 1a38 tAtt (b~ pRy sueh agreemeata will xot affta the r~6ts Barrawer hex - if xuy -with reaped to the Mortgage Inmrxste trader the Iioureswners Protectloo Act of 19518 or say other law. These rights ref}' tachtde the right tb t'eCelVe Certa(9 dtattoaurea, to request and Rhtxls CxaCellatloa OY the Mertyage Tnaurxaee, to have the Mortgage tuauralatt tetvalaatcd xaftrnaxtietttiy, aud/er to receive a tefttod of arty Mortgage Insurance Prtmlums that wire tmexrued at dse titue of such cxAeeBxtfau ar tertalaatlon. 11. paaai9utnent of Mlscehaneoua Proceeds; Fotteiture. Atl Y1is~'eltaneous T'ractards are h€reby assigned to cad shall be paid to I.aadc. if the Property is dartraged, such Miscxltaneous Prvctxds strait be applied to nstoradan tx repair of the Prigratty, if the rostoration oz rtpair is txonatnicalty feasible arui t.ender's sectrtity es ttt~t 1Ca6~frett. ihung such rtgmu~ acrd retxotatioa period, l.errder situ!! have the right to hold sutL Mtsceltaneons Proceeds tali) Lcatdtx has iced acs oQporttutity m enspect such Prapetty to erratrre the walk lma beta courpltstal to Leader's satiaflrcdon, ixavrded drat wch irtspectian adult be uRCbrtakeat promptly. Leader may WY for the rr~airs and restoraAOat in a single disburserrrtut or in a series of progress paymtttts asp the work is t;ompleteti Qntess an ag<etmemt is node in writing at• Applieabie Law ragtrfres intt;vest to be poid on such Miscelltweoua Proceeds, I.mder t;hall trot. be required to pay Borrovrtx any intertat ar oasnings an such MisoetGtneous Procoads. tf the reatorstiou or repair n not ecottomrcaliy ft~sibte or Candela settttity would be tauened, the Misallanaotts Proceeds shalt be applied to the sums secured by this Setauity ittstrurnent, whether or not then due, with the txcess, if any, paid to Bonawer. Such Msceflarteous Proceeds shall he apptiod in dre order provided for in Scotian `L. [n the evert of a total taking, destnwtion, or lass in vahtt of the Property, tht Mesctllancous Proccods shall lx applied to the earns second by this Security Ltstrunteot, wbc,ttht^r or curt ttten dtre, wtttr the excess, Tf wrY. paid w tiomtwcr. to the evert 4f a partial felting, dastruation, ar lass is t aloe of tae Property nt wtrictt the fain rRarktt value of the Property immediately before rho Partial fakery,: destrttcaon, ar toss in value is equal to or greater thwt the arntwnt of dre sums secured by this Security btsuutnent emnrtdiately 'afore the partial taking, desrt'ttetion, or loss in valor, unless Banrowor and Colder athwwue asrtc iR wri6ttg, the cams sccurtd by this Security TRStrunterrt shall be reduced by the amount of the Misctttaaeous Pror:uds muttiptiad by the fallowing fradian: (a) We tale) amotrnt of drt sums sccvrod itrtme:diataiy lxfare the partial takinjl, dcstnuxion, or Iris in value divided by (b) the fait' mtuitet value of the Property irnmedeately bttfore the partial taking, destruction., or bas m value. Any bataact shalt !~ paid to Borrower. Tn tt~ evtttt of a partial taking, dt.sttucrion, ar lt~ in value of the Property in whits tht fair mra'kat value of the Property ettrrrredistety before the partial taking, desnuctian, or loss in value is toss than fire amount of the strms stcurexT irnrnediately before tlae partial taking, destruction, of toss in value, unlesq Borrower and Leads otherwise agttt in writing, tht MiaCeltancaus Proceeds shalt bc: applied to the sums stcourtd by tbes Soturiry [natrumertt whether ar nut the sums are theft due. tf the Property is abantbtud by Burrower, ar if, atttr a~tea by t.GRdCE to Borrower that the t)pposing party (as dafined in the next sentence) offers to make an award to settle a claim for damages, Bortawer fails W respatd to Lester within 3V days after the daft the tratke u gives, Lcadtr is attthtx~ed to caUect and apply the Mesceilaneaus Prcrcveds either w restoration or repair of the t'raperty ar to the sttrrfs saatrod b'Y` this Secudty instru[nanc, whcdttr or not then due. "t7pposing Party" mt~a the tlrird patty that owes Borrower Misetltaneous Practeds or tht party against whom Batrower has a right of acKion in regard to Miscdiaueaus Praceods, 13ar'trtwer abet! be in default if any actian ar pra:c;tdiag, whatirrr civil or criminal, is begtm that, ire l..ender's judgarent, could result in forfeiture of tht Property or other matenat imlmitment of t.ender's interest in the Prapcrty ar rights undtr this Sot;urity inetrvntcnt. Barrvwer cat, rttrr suolr a dtfstr[t and, if aCCCIPYat]an 1188 OCCUtr'ed, reirfstate as pravidtd in 5tctioR 19, t)Y causing file aaiart tx prxrveeding w bt PA caw , r'~w•'•~~:s mwsjG~~~ Farm St139 fiat diatrxiascxl with a ruling that, io Leader's judgn~nt, pa'ea:Tudcx farftiture of the I'roptrty or other matuial impairmraxt of Lender's iruerest itx the I'rapacty or nghts under this Secraity luatramenr. The praueeds of any award or croon for damages that are attributable to tlrc impaixxnanf of [cndat's irrtcxest in the 2'roperty are htxtby assigned atui shalt bt pnici W Lender. All' MisceUuxaous lsroeteds that are glut applied to t'estatatian ar rc}pnir oP fire Proptrry ahatl be applied is the ordal' provided fac' in Section 2. 12. 13ert'evrer Net Rsiessal Forbesranee $Y Lender Not n Weaves. Extcasioa of tba time far .payment or modification of atrtortization of the auass secured by this Security Ituhvirrexxt granted by bender to Borrower or my Succasaas in lntertst of Borrower shall rxot aptratt w rateast the liabiltty of Borrower or orgy Stxccesttxn is Interest of Botxower. Letxdu shalt out iX required to aanrntmae proottditxga sgait'ut any Stwcasaor in Intertac of $atrawer or w rafnst w cxtettd time feu paytrreat or otherwise modify ataat'titation of ike sums secured by this Security Instrument by rea~x o£ any demand made by the anginal Harrower or any Suoaessux's is Interest of $arawtr. Any farbctvarw'e by Lender is extrcising arty right or reawdy iacttrdntg, withaat limitatiaa, Letxder'a aaceptnrxex of payrrnenu froth third petsoaa, eaatits ar Successors itt Interest of $orrowar or in amounts less than the; arnvxmt chart due, shaft hat be a waiver of or proclude five exucise of any :right or reatedy. !3. Jeiat sad Several LtabOity; Co'aiK°°rs+ Succesaora aad A.wigus Hound. 13aurowar cwvanaro; atxl agreaa drat Borrower's obligations and liability shat! be jauxt acrd several. However, any $onuwea' who cosigns this Security hxstrturxerxt but do nt and ctmve ttte o-si t(xec'sCiamre&t~M~ thclPropaty the Security Tixstrtnrusrxt panty to mortgage, gn Y 8 teraxa of this Seerrrity Instnuxrttrt; (b) rs nut pe.YSartallY obligated w pay Ora sums srA;xtrad by taxis Security Irxstrunxrtt; and (c) agt'ecs that l:,endcr aad any ether Borrowc7 can agree to extend, modify, forbear or make any aCGpmr'rxadaUana tviih regard ut the terms oP this Security Instrument or ttxa Note without the ca-signer's consent. Subject to rho provisions of Section t8, any Successor in Itttaresr of Harrower who assumes $orrawta's obiigatioos fader this Security Insirurtunt ui I ritus~andBorrou+ shatlbYaoLt~bt nlaasad~firom all of Borrow«'s tights aad barrefita tnx~r this Security Brnt+owa's obiigaaons and liability nrxdar axis Sccunty Instmataxt unless Lendea agrees to such release in writing, 'I'txe aovcnant& aril agraemarsta of this Security 2nstrurnent shall bind (except as providut iu 5edwn 2U) and benefit lira successors oral assigas of I.cndcr. I4. Lean Charges. Lender may charge 8orrowcr fees fur suvrccs perfortned in ean6ection with Barowa's default, fm tht pus)rose ofpro reefing l:,ertdar"3 interest in the Prapt:rty and rights trader ehs Security Insmrment, irtciuding, but hat funitui ta, anoraeys' fees, property inspeettaa and valuation fees. In regard to any other fees, thG absence of express authority ra this Security inshvment to charge a specific fee to $orrowra shad not ba construed as a prohibitao on rho chargirxg of such frz. I.wxder may oat charge fees that ago azprrssty prohibited by this Soeurity Snsuumaut or by Applicable I.aw. If the [.Vert is subjtct to a law which seh maxinxum loan charges, and that law is $rtaily inttqueted sa that flu interest or ottxu Toan charges coltoctad or to ba caUtcteQ in ttatn~iion with :he Loan exceed the perttritted limits. then: (a) 86y such loan charge shall be rcduc:od by the amount neacsaary to reduce the clxarge W the pertmtted limit; and (b) any sums nlrt;ady uaUecttd frr:m Borrower wtxich exceeded pemrinid limits wilt be relUnded w $arrower, Leader may choose to make this refund by redxtcing the principal owed raider the 'blare ar t7y making a dirtxt payment to $arrowu. tf a mfund reductl! prir~ipat, the reductiat will be troatad as n partial prepayrncnt without Rexy prepayttteat clurrge (whether or oat a pcapaytnert charge is provided far tinder tfie Bate). Borrower's acceptarxca of tray such rcfurxl made by direct payttxetxt to Barrowrn wilt eoasxitute a waiver af' say right of active ilurmwcr migbf have arising out of atM.h OVCtChATge. 15. Netlcss. Ali rtatices given by Boauwar or Lender in cannactian with this Security tastxutrrrxxt rtxuat tx in writing. Any notice to Borxowcr in connection widx this Security tttsttumeut shall be deerrred to ~Ys(Pnl teaoa)oe rsw ~ ~ or ~t Form. 3039 1161 `~~ havo beesn given to Borrower whin mailtd by fttst class mail ar when aduaUy detiverttf tv SOtrawar's twtict address if ttent by other rnetms. t~totice to any one Borrower shall wnstlsute rxxire to all Btxrowers unless Applicable Law tncprassly rogttitrs otherwise. Tbt natir:a address shall ba ttta Property Address unto: Btxsawa has detagnated a sabstiatte nutiee address by merles to Lender. $orrawcr sbaA promlxiy notify Lender of Borrower's change of address. If Lander specifies a procedtaa for tapartittg Borrower's change of address, then $orruwar snail Duly report a change of address thrtwgh that specifial pror~cfctrt. Tixxe tray ba only oxae designated notice sddtras uadar this Secazity InsuvRiant. at any rmc time Any notice to Ltru3er shall be given by dehvcting it ur by mailing it lay ftrst class mail tc> Lauidr's address itatad herasst urttrss Lttutcr has ~1 aziuthtr address by rotiaa to Burrower. Any ncataca in connactiun with. tins yeaurity htstiwnetit shall twi be deemed to Gave been given w Leaxfsr until actually raceivod by Ltirdtr. If any merles required by Ibis Security lrutrurrierrt is also rcyaired ottder Applicable Law, the Applicable Law rrxlttirertiatrt will satisfy the curxtcspondiog requiramtnt under this Security Ittatrumant. 16. C,ovarafng Law•, +3atrerrabisity; Rules nt Corutrutt3rm. This Security Iusvurtxtit: shall be guvarnCd by fedsrat law and tits Law of the jurisdiction m which daa Property is located. All righss and obliga5atts i;~d in this Security Ittattume:u are subject to mny requireraaats and lirrtitatiorw of Apptieabtt Law. Applicable Law might explicifty oc implicitly allow the parties to agrtt by cOntraoi vs it might be giipyt, but such silcn~ shall nut be construed as a prohibition agatm~t agretmant by cantracl. to tlx event that arty provision or clause of this Sawrriry Instrurnant or du: Mott eonflists with Applicable few, attch eunfiict shall mart affect other provisions of this Security 1t14trtlmeirt nr the Note which. can bt given effect without tba ooaAicting provision. As used in Chia: Seatrity instramant: (a} words of the cnasculsnc geada shall mean and include corraQundirig aevtttr words pr wards of the ltnrininc gender; (b) word, sn the singular aduitl mean and include the plural and vice versa: and (c) the word "may" r,,1•es stn dix-rafian witliortt any obligation to talc gay adtion. 17. Borrower"s Copy. Borrower shall be given oua copy of the hose and of this Security Instrument. 1A. Tntuafer of the Property or a Brne#Ir~t Interest io Borrewer. As used in this 5eclion 18, "interest in the Property" means any Legal ar baneliciai interest ur the Prupetty, including, but not f'urtited to, those banafioiat tntucsts tranaftrted in a bond far deed, conUxct for drxd, instaltraeat sales contract or escttirw agreamartt, the inirati of which is the transfer of tide by &orrower at x future data W a punlaasrr. If alt ur any part of the Property or say Interest. in the Proprsry is sold or transferred (ur if Borrower is cwt. a manual person and a beneficial itnercat in I3orrowez is wed or transfatml) witkwut Lexrdar's pnnr written cottsaat, Lander may require intntcdiate payrntnt in full of ati sums sectvad by this Security lnsirumtnt. Ilawtver, ibis option shall npt br: txmcistd by Lender i£ such cxercu;a is lnvhbited by Appticahie Law. Tf Lender excises this option, Le~cr shall give Borrower notice nf' accelarahun. 'Fha notice shall provido a period of nut tens thtirt 30 drys from ttrt date the notice is given in accordance with Section 15 within which Borrower rtm~ pay all sums setvred by the Secruity Insuvrncnt. tf Borrower faits to pay ttxsa sums prior W the expisatton of this period, Lander rosy invnkc arty remedies pamtitted by this Security taasfitntam without farther rtutice uz demand on Borrower. i4. Borrower's Rlglst to ReUttstate Auer Accxleratlon. If I3cmvwer tnaets atrtain conditions, f3orzowar shall have the right to fravt enforcttnani of this Security Inshmrntnt disoontinucd at any lima price to the asrliest af: (a} five days before salt of the Pmperty pursuant to any power of sale combined in ibis Security Irrstrttment, ~) such other panod as Applicable L,xw might specify fiir the termirratinn of Bursmvtr'r right to rairtstata; or (cj entry of x )udgmtru tntorcing this 5txurity Iasavtneat. Thaw cnnditiostis are that Bonowea: (a) pays Lender all sums which then woald fx due under this Security Instnnnant and the Nate as if tin av~;aletation had occrurtd; (b) ctrrte any' default of any ether ct>vonants or vege +z d,c 1m~j~~'.-LSC, Form 3039 t101 (~ IPA) towaya, ~(1Z/' aproamartrs; (t} payx ail czpataes iricurrad in eaf'aroing this Sectaity Instriimcrit, ins:tuding, but not limited ~, reasonabk altorntyg' fees, Property iaspectian and valuation fees; and other fees ittcwrrd far the Purpose of ptutectittg L.ardtr's interest to the Proptaty and rights under this Security Irntrtnnient; and {d) takes such attttm as Lender may reaermably t~quire w assure that Lender"s inmrest ut the Pragerry and rights utzder ibis Security Instruttient, and Borrowor's obtigadvn to Puy the sums securod by this Security [nstrumcnt, shall continue unahartged. Lender may rrciuim that Iiarrowu pay such rciastateutartt sums and exptit~es in oise or more of the following fomrs, as selected by lender: (a) cash: (b} money order: (c) cutiSed check, bank check, trewattttr`s thick vt c:suhirts check, provided any such cheek is drawn upon an iirstitutivn whvst deposits are insured by a federal agency, irtstrumerttality or entity; or (d} Ekxtronic F»rula 'Transfer. Upon rtinstatcment by 6oaower, this Security Instrument and ublipptiorts seciucKl lureby shall remain fla11y effective as if no aeceletation had occurred. However, this right to reinstate shall not apply ut ttte cast of atctietation under Section 1 g. Z0. Sale of Note; Ckaage of Loan Serwitxr; Notes of Grievance. The Natc or a partial irttcr'cst in the Note (togeNtar with this Security lrtatrut~rtt) can Ire sold ant or more times without print nvtiec W Borrower. A salt might result in a ctuutgt in the entity (known as the "Loan Services") shat wUtea Periodic Paymeras due under the Nott and tltis Sccuriry lnstrumcnt and pcrtitmia or~r mortgage loan servicing obligatious under the Nate, this Security 1[tstrurritrt, artd Applicable l.aw. "There atso might be one or more changes of the Loan Setvicsr ttrsrelatcd to a sale of the Note. if there is a changr of the Loan $ytryjc;er, Borrower will be gives written avtice of the change which wi31 state the name artd addrers n#' the tttw Loan Strvictr, the address w which payments should be made and any other inf~mation RESPA retgrires in aannettion wide s Halite of aansfer of sertticing. If the Nvtc is Bald and Wtrtafler the Loan is serviced by a Loan Strvioer other than We purchaser of the Notes, the mortgage loan scrviting obligations w Harrower will termer with the Loan Scrvicer or bt irrttsft;<rrrd to a succi:ssor Loan Sctvicer and are Hat assumed by the Note purchaser unless otherwise provided by the Jrcke purchaser. NeiWa 13oaciwer >wr' Lender may commcxu:c, join, or bt joinui to any judicial action (~ either an indiwidtul laigaat or Nee member of a class) that arises ftvm the older party`s actiom pirsuant to this Stgtrity Ittstratrieat or that rilleges that the uthu party has breached auy provision af, yr say duty owed by reason of, thix Security lnsaurru:nt, untit such I3orrvwcx or Lender has notified the other Party (witli such notice given in corrtptisutcc whit the requireirttna of Scx;tivn I S) of such alleged breath and afforded the other party hereto a reasonable puiod afhrr the giving of such notice to tako ttxr+active attiati. If Apgl~bie Law provides a font period which must elapse btfw•e certain actimz can be taken, that lance period will b6 deemed to be reasonable for purposes vl" this paragraph. 'The ttaticc of acre#eration and opportunity to cure given to Borrower punuaat w Section 22 and flit notice of acceleration givrnr to 13orrawtt pursuant to Section 18 shall be domed to satisfy the nvtice and opptutiutity to take carrettive action pmvisiorts of this Section 20. ZL. Hazardoas Substaates. As used in this Stet 2l: {a) "Hazardous Subatarttts" are those substances deflacd as toxic or hazardous subatattcac, potitttattts, err wastes by F.nviroruuattat Law and the fggowiag subshira:vs: gasoline, kerosene, other fiamittabit err toxic petsolcatrn products, toxic pesdcidts and habitidea, volatile solvtats, tnatraiats cotttainutg asbeaws or forGraldehyde, acid radioactive materials; {b) "F,nvitonrnetoml I„aw" rnttaaa federal taws and Laws of the juristiitxion where the Pn7petty is located that relate to health, safety or arvhonmeiuat protection; (c) "Faivironmtutal Cleanup" includes any response action, remedial attian, err rerrnival anon, as de[ulcd iu F.nvirvrurtattai I,aw; and (d} an "Eavirvnntwtal Gondztion" mcarta a tortdition Wet rxtn cause, contribute to, or aWr7wrse tri~;er an Environmuital Cteanup. (~~'i(PAjwooatai iw.a•,3cr~e ~ ~/ Farm 3039 ti01 ~o (~.,,/ Borrower shall nut cause or permit the presatce, use, disposal, storage, of ralaoao of any Hazat$oux Subatatsccs, ar threaten to reEease any Hazardtws 5utrxatxtx, oa or in the Property. Botmwtx shall trot do, oar aAow eoyntu else W do, anything affaKing the Propaaty (a) that is in viobstion of array Eavireumcntal Law, {b) which errs<es an Envconmenul Condituxt, or (c) whieEa, tire: to the ptnsence, use, or rte ttf a Hazardous Substance, errates a canditiua that adversely affrxtY the value of the Progmty. 1'ha preceding two xentences shall rant apply tQ the presence, use, or starago an the Property of etnall gtsaatitica of Hazardous Slrbstttncas that ere generally rttivgnrzcd to be appropriate to normal rrs~entisl usex and to maintetrarrce of the Prvparty (incuding, but riot tern iced to, hazardfrtu subxtanccs in tronxumer products). Sormtver shall prgmpdy gives lender worrier ntStiCe of (a) any investigation, chum, damtnd, tawsutt or Other action by any g,ovemtnanttd or regttistoty agerwy or private party mvotving the Property ate any Htrutdous Substance or Environmental Law of which $osrr»ver has actual lrnowkdgc, tb) aay Eaviro~tantal Condttioa, including but not limited to, any spilling, teeltiags discbtage, release or ducat of rt:tease of any Hazardous Substance. artd (c} any cotiditiarr causr:d by the prrassx:c, use ar release of a Hazardous Substance which adversely attoca the value of the Property. if Bturowar learns, or is trotificd by any govornmental w ragulatw-y authority, or any privau party, that any rerrroval or trthct remediation of arty Hazardous 5ubstanc;c affecting the Propacry is accessary, Borrower shsU~~ proul~ly take ap ttoae,4sary remedial a~^tions in, accordance with tnvirorurseittai Law. Nothing hcrcirr E create any obligation on Leader for air Emiranurental Cleaturp. N4N CJNIFORM COVENANTS. T3ortuwex and Lender hutlr+~ covenant sal agree as folinws: 22. Acceteratiaa; Rernedtes, tender gall giro notice ttr Borrower prior W acceleration fotlswlssg Borrower's breach of any covenant or agreement in this Sacsrrity insirumetrt (but ant prior to acceleration under Section l8 amass Applicable Law provides trtherwE>ee). Condor shrill Iwtify Borrower o>; among other things: (a) t{se defaak; {b) the action required to cure rise detrwk; {e) when the det"an[t toast be cured; sad (d} that falare to core the default ux spetiUed may rusk in acceleration of the uttrna srcured by thls Security 1>ffitrunsent forecissure by jndliltti procaedl~ and salt of rite Property. Leader shall futKhar Eaforns Borrower of the riRpt W reinstate :ftcr sca~leratioa and the right to sas=rt is the forectosare proceaiiag the aaa-axixtekce ai a datauk or anp sth~er defense of iiornrwer tin actxltxtstiun and fareeloaare. u the default la oat cured as HreciileQ Lauder at its optics may r~airc lmroediate payment in fist) of all rums securod by Secarky 3rsstrratoent withonC farther demand cod may tnc~ecioxe titbt Secnrity Insrruttunt bx jtsdlciai prseneding. Leader shaft be eatitied to collect all expenses incurred in parsafag the rt:nnedtay provEded lit t~hls Section Z2, Sneludlag, bat eat lirotted to, attorneys' fees and costs of tide evldenre to the extent permitted by ,lpplicabla Law. 23. Release. Upon payment of all sums secrrrcd by thin Security lrrstrusrreut, this Security lnrtrument sal the estaoc conveyed shall. tctminate and bwotna void. After such occurrence, Linder shall discttat'ge and satisfy this Security lnsttunpent Burrower shall pay say racordatiart casts. Lender may charge $orrowcr s Fee ftxr relcastttg this Security trrstruurcut, btu only if the fee is paid to a third patty Cur services rendced and the charging of die fa is permitted under Applicable Law. Z4. Waivers. Borrower, to the extent prrmittexE by Agplicabie Law, waives anti roicases say error or defects is prcx:ecdiags to enforce this Security Instrument, aril hereby waives ttu benefit of any prxcertt nr future taws providing for sury of execution, ex#ension of tirnt. axemprion from attachnneat, levy aril sale, and homcstaad excmptian Z5, Reinstatasttant Period. Sorrowc~r's tints to reinstate provided in Section 19 shall extend to one hoar prior to tho catnmeneement of bidding ut a sheriff s sale ur other sate pursuant to ttris Saurity lustrumCnt. Zti. Parebase Moray Mortkage. if any of the debt secured by this Security lnstrurnent is lent to t?orrowcz to acquire titEe to the Prrrgczty, dais Security Tnstrtrtrtcnt shalE be a purchase money awrtgagt. 27. Interest Rate After Judgweot. Burrower agttcs that the itxr:rest rate gayahic alter a jndgntcnt is entered cxt the Notc or in an action of mortgage tbreclosure shall be she rate payable front Bart va tintc tinder the Kota. tM (~~6(PAJ,eaoaLUt vaye,+adtu 1^wm3038 1$li AY S1C;?dfMG BELOW, T3nrrower awepts and $$recs to the t¢rms and cavcnants cvtxutirnd in this 5ecttrity ittstrnment and in arty Ruler executed by Borrower and rocatdcd with it. Witnessca: ... _ _, _~,~.._ ~, . \_~,~ ..----- ~ t~s _. _._. _..~_ tom? DAVID &. WSLI.ER -tturvwex SANDRA. M. SPE7I.TiR -Hannwe+ _ (Seal) _...__.._. -norrowrl __..._.__._.. _..._ (Scat) -I3(HYgN'CT _ (Seal? - -Boac~wor (3r.~r1) $ozrowrr ._.., treat) -AOrrOR'P.; w 4~~~ .tsurrover -~Patroour,.o, w~ ~~~,~ Fes, sass trot Certificate o[ Restitlence i G ~ ~ ! ~ r , do hereby ccatify that 5 ~e . r ~~ the correct atldress O e wtthrn-named Mortgagee is 4328 - 17TH AVEIIUE SV4, NAR00, ND 5$103 Wimtss my hand this 14th day of July, 2007 ~geot of Mortgxaa caivlntar+wF~t.rn a>~ rENivsYit,vAavtn, ~,u rn B ~, ~. ~ ~ N~ County ss: Qn this, fhc 14 day of ,~~ ~~~ ~ , beftrrc ma, the uudarsigtud Ofyt~xr, Personalty aPP~'~ Da,,, et ~, , tNe.t (< r' ~~ rz.nt, c,. (u . ~t~~! t t r known cu me (or saticfactort~y woven) to be the ptrcnn(s) whose name(s) islare subscxitwd to the within tnstrurruuu acrd at~mowied~rd that heJshdthty oxcc:uted the saute Car the Purposes herein wntttined. Rv Wi'CNI+SS WHE I herottnto sat my stand anti olTtcial seal. My Cammissicm Expires:pi~L~~'"~ IIw~LTMr4MMryi~ (~~6(t'Aj toaurtoa -~- - 7itto of Crffi.x: ~~'~~ aaAe,a a ~a _ form 3039 1f01 r:/~~/ Loan Number. ~ f3ALLO~N RIDER (Fu11 Repayment ftequlred at Maturity) THIS LOAN IS PAYABLE IN FULL AT MATURtT'Y. YOU MLST REPAY T)!iE ENTIRE PRINCIPAL BALANCE OF TtiE LOAN AND UNPAIII EN't'I#:REST TtIBN DE)1i. LENDER 1S t1NDER NO OBLIGATION TO REFINANCE THi': LOAi\ AT THAT TIi11.E. YUU WELL, TtIEREFORE, $I; REQUIRED TO btAKE PAYMF:N'I' OtPI" OF OTHltt ASSF:'CS THAT YOI+ MAY (7WN, UR YOU WILL tEAYB TO FIND A LEiYDER, WHICH M,EtY QE THE LJWNIJXiR YOII RAVE THIS LOAN WITH, WILLING TU LLrIVD YOU "f'RH MOIVkY. IF YOI7 REFINANC$ THES LUAN 1tT MATURITY, YOLI MAY !LAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASKOCIATED WITH ,A NIf;W LUA:1' EVEN IF YOU O$TAIN RF:FINANC[NG FROM TIC: SAME LENDER. 'I'RIS BALLOON R1DtiR is niacin this E4dt day of July, 2007 sad is ittsorporatcd utto and shall ba daemcd to amcrxf acrd suppterrnint the NloRgapa, Uced of Trust or Security Daed to Sect>te Debt (tha "Security tatstrti[taettt"} of the same date given by the ututersignrd (tha "t3ontiwcr"} to secure dse Hcxrawu's Note to 11.5. SANK NATIONAL ASSi)CLATION ND (Wt "Lender"} of the saint: data :and urvering We property dasctihed iu ttte Security Instrumctrtt and iacaxcd at- t0 ALLISON LN SHIPPENSBUR(n PA 17257 The uttraast rate statxd oa 1ha Nora is c:atEcd the "Note Ratc". 1"h4 data of thr..^lote i~ callod the "Nola Date". I undetxtand t~ Leader may transfer the Note. Security lnsattmettt xtid this Ridar. 'Ehc I.endtr or anyone who takes the Note, the Sacurity Inarttrnant and Wis R.idar by transfer and wha is atttitled la aeaeive payrttents under the Note is ealttd the "R1txa Haldrx"' The .Kota is a t3aNoan Note which rntans that tha amount of my tnatWiy paymcrtC is irrsu8iciant to spay ttre Note in frill h7` Maturity. Therefore, abc final payment will be significantly largar Watt tha other payrnants under the Note. ! nndarstautd that the Lander is under na obligation to rafinance Wa Note or tti modify tits Nott or reset the Note Rate ar to attend the Nota Maturity t7ate or tba Maturity I}atc of this Security Instrument, scut that. i will have to repay the Note from my nwn [caattrers or >~nd a Iettder wiilittg to lend me ttte ruonty to repay the Note. T fittttter tmdarsttut<t that should I rtot spay rite Nola tin rx before the Mtattrity Data, I wilt be in defauh, and tlta Lander wilt have the right to excrcisa all of ih: rights against ntc because of my defautt, inatuding We sight w toreelosura of the Security Instnrment, ur tither comedies penmtted by Liw. BY SltiNt7`IG BELOW, Aorrnwar at~;cpts atad agreas to the oc,ms and ~ovattarts containtd itt thfs I3nttnan Rider. T_-~~%°7 ~~ `~ ~^' __. cSea-> ____~ .__ ______._._ _,._. __ _ -----(seal) DAVID E. WEI.LER -taorruwe~ -uarmwex ;'.~ ~ ~~~s/~/~ __ _ _ (xat~ ~Alti f49, WELLL utraww _...__._._. °_.- .Ho~xowex ARn,lttirwR MI.IfM7N YJSnSa . 5inye C~eBi rw,» tt111tAtx9 . Rc,. 12~>H E3orrower: WkLLER t_oar~ Nurnber: - ATTACHaAENT "A" Property Description ~~~ ~~ C~bank. ALL,THAT CERTAIN tract of land situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern side of a 50 foot wide right-of-way at the centerline of a 50 foot private right-of-way, North 09 degrees 57 minutes 25 seconds West, 258.41 feet to an iron pin; thence still along the centerline of a 50 foot private right-af-way, North 54 degrees 19 minu#es 28 seconds West, 29.75 feet to a point; thence along Lot No. 2 on the hereinafter mentioned Plan, North 50 degrees 48 minutes 22 Seconds East, 440.48 feet to an iron pin; thence along Lot 2 on a Plan of Rodney E. Aby, South 15 degrees West, 250.00 feet to an iron pin; thence along Lot No, 4 on a plan of Rodney E. Aby, South 80 degrees 42 minutes 47 seconds West, 56.00 feet to an iron pin; thence along the latter, South 15 degrees West, 200.00 feet to an iron pin; thence still along the same, North 80 degrees 42 minutes 47 seconds East, 110.'T2 feet to an iron pin; thence along the northern side of a 50 foot wide right-of-way, South 59 degrees 22 minutes West, 244.12 feet to the centerline of a 50 foot private right-of-way, the Place of BEGINNING. CONTAINING 1.669 acres and being designated as Lot No. 3 according to a Subdivision for Dennis E. Lebo and Joy L Lebo, by Stephen G. Fisher, R.S., dated and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 43, Page 84. BEING KNOWN AS PARCEL NUMBER' 41-12-0328-013 ~IIIII IIII III III M III WELLER 12785258 PA FIRST AMERICAN LENDERS ADVANTAGE MORTGAGE 1~~~~~~ ~~~ ~~~ (~~ ~~~~~~~~~~~~ ~~~~ ~~ ~~~ ~ ~~~ ~ ~~~ When recorded mail to: First American Title Insurance !,enders Advantage ! l0U Superior Avenue, Suite 20U Cleveland, Ohio ~4 ! 14 Attn: NA"lY0NA1, ItI;CORDlNG (2007060481.pfd/200706048 i !49) VERIFICATION c.G1q~, ~ ~~.~~ S Fo r~ c ~ o SU i ~- ~r,~ ~ti a~ ~'~ } and duly authorized representative of U.S. Bank National Association, N.D., deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to her information and belief. U.S. Bank National Association, N.D. Title: 7r~ os~ re S-oc.~~~a~1 ~5~ Weller 09'27/2e1~. 1' . a9 a~ .?2^1:657 G?=~=:~ <_. .---=.5'~, ='~? '='~G,r P~/?~ FORM 1 r-' ~~~ ~* U. S . }3ank ivationa.~ Associatioz~~ IN THE COURT OF CONIMON PLEAS OF _,.~~~ t''' t' Y'S vt N . D . CUMBERLAND COUNTY, PENNSYLVANIA ~="=i-•` i 1 •~ ~.~ ~z•• Plaintiff(s) - _ ~.~ ~~ ~~ David ~. Weller and --~~ - Sand,ra M. we].l.er • =4 `~- Defendant(s) ~~ " ~~~ ~- Clvll 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 Ifve In the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conclliatlon conference In an effort to resolve this matter with your lender. If you do not have a lawy®r you must take the following .steps to be eligible for a conciliation Conference. First, wlthln twenty (20) days of your receipt of this notice, you must contact ~~idPenn LElgal Services at (717)243-9d00 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 wlthln twenty (20) days of the appointment date, puring that meeting, you must provide the legal representative with all requested financial Information so chat 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 repr~sentatlve will prepare and file a Request for Conclllatlon Conference with the Court, which must be filed with the Court within,Slxty (60} days of the service upon you of the foreclosure complaint. IF you do so and a Conclllatlon conference Is scheduled, ydu 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 MldPenn Legal service for the appointment of a legal representative, Mowcvcr, you must provide your lawyer with all requested financial Infor.matlon 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 Conclllatlon 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 TIh1E STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE Respectfully sub tad: Oate Slgna re of Counse for Plaintiff 69i2-/2612 1°.:49 4w^`%917657 GRR~N=:!~' <_. ._..?S'C,='C? FORM 2 Cumberl®nd County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # Har r~~+/; nC 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: ~ ~ Borrower name (s): Property Address: City: State: _ Zip: __ Is the property for sale? Yes ^ No [] listing date: _ Price: S __ Realtor Name: Realtor Phone: _~, Borrower Occupied: Yes ^ No ^ Mailing Address (if different) ._ City; Phone Numbers: Zlp: Ema II; _._ # of people in household: How long? • ;,..~ Mailing Address: City: Phone Numbers Email: Home: Cell: Home, Cell: State: ____ Office: Other: State: _ Zlp: __ Office: Other; # of people in household: How long? ~- 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: $ Included Taxes and Insurance: __ Date of Last Payment: _,_„_ Primary Reason for Default: Is the loan in Bankruptcy? yes ~ No ^ If yes, provide names, location of court, case number & Attorney: 69l' 2712012 11:49 ~~ 41~:2~1?657 Assets Amount Owed: Hame: $ Other Real Estate: S Retirement Funds: $ Investments: $ Checking: $ Savings; $ Other: $ Value: $ -- $- -- S ~_ S _- S _ -.~~. S_ S - Automobile #1: Model: _ Amount owed: Value: Automobile #2. Model: Amount owed: value: _ Other transpo a to (automobiles. boats._motorcvclesl: Model: _ Year: Amount owed; Value: _ Year; Year: Monthly Income Name of Employers: ~. Monthly Gross Monthly Net 2, Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Oescrlption (not wages): i. Monthly Amount: 2 Monthly Amount: Borrower Pay Days: _ Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently Aa in EXPENSE AMOUNT 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/Allm. 5 ending Money Oay/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): Email: Fax: 09i'2712012 1s: 49 4As:2c~ 7657 '' J,~ Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: ^~rryar a~i ~~ Have you had any prior negotiations with your lender or lender's loan servicing company to resolve y~aur delinqus5ncy7 Please provide the following Information, if know, regarding your- lender or lenders Ic~an servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: _ r • I/We, ,authorize the above named to use/refer this information to my lender/servicer for the :;ole purpose of evaluating my financial situation for possible mortgage options. I/v+~e understand that I/we am/are under no obligation to use the services provided by the ab~~ve named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender ~~nd lender counsel: V Proof on income d 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 delinquenry 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 `' n Jody S Smith Chief Deputy 2012 OCT 6 AM Richard W Solicitor Stewart ?FFI .F'K?S ?R?FF a P ENN'SY LVANI A US Bank National Association Case Number VS. David Eugene Weller (et al.) 2012-6052 SHERIFF'S RETURN OF SERVICE 10/10/2012 02:4$ PM - William Cline, Corporal, who being duly sworn according to law, states that on October 10, 2012 at 1448 hours, he 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 wit: David E. Weller, by making known unto Sandra Weller, Wife of David E. Weller at 20 Pine Road, Walnut Bottom, Cumberland County, Pennsylvania 17266 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 10 Allison Lane, S ' pensburg, Pennsylvania 17257 is vacant. IAM CLINE, DEPUTY 10/10/2012 02:48 PM - William Cline, Corporal, who being duly sworn according to law, states that on October 10, 2012 at 1448 hours, he 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 wit: Sandra M. Weller, by making known unto herself personally, at 20 Pine Road, Walnut Bottom, Cumberland County, Pennsylvania 17266 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 10 Allison Lane, Shippensb g, Pennsylvania 17257 is vacant. WE M ACLINE, DEPUTY SHERIFF COST: $78.00 October 11, 2012 SO ANSWERS, R-01 4W ANDERSON, SHERIFF fcl Coun:ySui±e Sheriff, Teleosoft, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSz LV IIA:, - (rn t✓. iT'•� - U.S. BANK NATIONAL CIVIL DIVISION %s s�� . ASSOCIATION,N.D., � - Plaintiff, NO.: 12-6052-Civil . _t Y w z VS. TYPE OF PLEADING DAVID E. WELLER and SANDRA M. WELLER, PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Defendants. FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association,N.D. I hereby certify that the COUNSEL OF RECORD FOR THIS address of Plaintiff is: PARTY: 205 West 4th Street, Suite 500 Kristine M. Anthou, Esquire Cincinnati, OH 45202 Pa. I.D. #77991 Brian B. Dutton, Esquire the last known address of Pa. I.D. #81953 Defendants is: 20 Pine Road GRENEN & BIRSIC, P.C. Walnut Bottom, PA 17266 One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 GRENEN & BIRSIC, P.C. c Attorneys for Plaintiff 111 H Lin*. jV79/iV # 'oIo3 V n/o csta /)hp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL CIVIL DIVISION ASSOCIATION,N.D., Plaintiff, NO.: 12-6052-Civil vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, David E. Weller and Sandra M. Weller, in the amount of$133,080.03, which is itemized as follows: Principal $105,429.86 Interest to 1/24/14 $ 17,558.81 Late Charges to 1/24/14 $ 219.66 Escrow Deficiency to 1/24/14 $ 6,930.75 Corporate Advances $ 1,026.00 Attorneys' Fees $ 1,585.00 Foreclosure Costs $ 329.95 TOTAL $133,080.03 with interest thereon at the rate of$20.08 per diem from January 25, 2014, 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:`'/ L t ,`G4-2. c.`- Kristine M. Anthou,Esquire Attorney 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 Kristine M. Anthou, 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 her knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me Y o � 2014.a this -�. d ' L.� Nrtar, Public STANDARD AFFIDAVIT OF NON-MILITARY SERVICE I, Eloise U. Carillo being duly sworn under oath, state as follows: 1. I am an employee of the Plaintiff/Petitioner in this case. I am duly authorized to make this affidavit. I have personal knowledge of the facts stated here, and am competent to testify to the matters stated herein. 2. This affidavit has been filed in support of the Plaintiffs Praecipe for a Default Judgment against the Defendant/Respondent, and in accordance with 50 App. U.S.C. § 521(b), a provision of the Servicemembers Civil Relief Act, Pub. L. 108-189, H.R. 100, as amended (2003). 3. in The Defendant(s), David E. Weller & Sandra M.Welleris/are not currently in the "military service," as that term is defined in 50 App. U.S.C. § 511. This fact is supported and based upon my review of a military status report obtained from the Department of Defense's Defense Manpower Data Center website (https://www.dmdc.osd.mil/appj/scra/scraHome.do). The military status report, which has been attached as `Exhibit A,' indicates that the Defendant(s) was/were not on active duty status as of Dec-17-2013 , and had not been on active duty status at any point during the preceding 367 days; ❑ The Plaintiff is unable to determine whether or not the Defendant(s), , is/are in the military service. U.S. BANK NATIONAL ASSOCIATION G�J. G4 BY: l ��'t- [SIGNATURE OF SIGNATORY] Eloise U. Carillo , officer [PRINTED NAME OF SIGNATORY] Swo • o and subscribed before me this da ' , 2013. Notary Public CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§8202 G c . ,: c�...� e • ewe .mac c .!.�. C!7: . r, . �;c..� . ,t ,w,To .!sw..7 See Attached Document (Notary to cross out lines 1-6 below) O See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 1 2 3 4 5 Signature of Document Signer No. 1 Signature of Document Signer No. 2(if any) State of California Subscribed and sworn to (or affirmed) before /before me County of on this day ofOec 'y 1 , 20 l� , by Date Month Year (1) -,kGM , . Ca. tr t \0 ;, M MYLES MACK (2) r- -• '°° •'_ COMM # 2042126 Name(s) of Signer(s) ORANGE COUNTY is<�;i NOTARY PUBLIC-CALIFORNIA Z MY COMMISSION EXPIRES proved to me on the basis of satisfactory evidence SEP. 20,2017 to be the person(s) who a•p- ed =efore me. _ ....AgraillirakAi Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Rock.Qk ,,, Document Date: IvOY , Number of Pages: Signer(s) Other Than Named Above: 1UA.X./ 6sc� ,s .. .,y/.�.:,s.f-1,.. L.�.�..ss. �.. "01 ,.Sf-/.: NY,.:- �.:_cs.Lv,s. .,%,1 . ..-�.:-s..Y.cam".S.\,1,..-,.:-,..ler.:-..V2,?.a ©2013 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5910 Results as of:Dec-17-2013 01:28:38 Department of Defense Manpower Data Center SCRA 3.0 �•,t °ra ag� Status Reoort r °' Pursuant to Servicemem Civil Relief Act EXHIBIT A Last Name: WELLER First Name: DAVID Middle Name: E Active Duty Status As Of: Dec-17-2013 On Active Duty On Active Duty Status Date Active Duty Start Date - Active Duty End Date Status - - Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA - No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date `. Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. AxiitYA. .- e • Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 76161193F02D8F0 Department of Defense Manpower Data Results as of:Dec-24-2013 11:43:56 Center SCRA 3.0 4ym Status Report Pursuant to Servicemembers Civil l Relief Act EXHIBIT A a., Last Name: WELLER First Name: SANDRA Middle Name: M Active Duty Status As Of: Dec-17-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA.. No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA - ;No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Aailta ' Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 • The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: X6C59035500EJF0 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL DIVISION N.D., Plaintiff, NO.: 12-6052 Civil vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. TO: David E. Weller 20 Pine Road Walnut Bottom, PA 17266 DATE OF NOTICE: November 19, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S.Bedford Street Carlisle,PA 17013 (717)249-3166 or Toll Free(800)990-9108 GRENEN&BIRSIC, P.C. By: Ail‘ • torneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 FIRST CLASS MAIL, POSTAGE PREPAID (412)281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, CIVIL DIVISION N.D., Plaintiff, NO.: 12-6052 Civil vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. TO: Sandra M. Weller 20 Pine Road Walnut Bottom,PA 17266 DATE OF NOTICE: November 19, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S.Bedford Street Carlisle,PA 17013 (717)249-3166 or Toll Free(800)990-9108 GRENEN&BIRSIC, P.C. By: torneys for Plaintiff One Gateway Center,Ninth Floor Pittsburgh, PA 15222 FIRST CLASS MAIL,POSTAGE PREPAID (412)281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL CIVIL DIVISION ASSOCIATION,N.D., Plaintiff, NO.: 12-6052-Civil vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: David E. Weller 20 Pine Road Walnut Bottom, PA 17266 ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on f .2-�/� . ( ) A copy of the Order or Decree is enclosed, or (XX) The judgment is as follows: $133,080.03 together with interest, costs, fees, and charges collectible under the note and mortgage including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. Deputy • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL CIVIL DIVISION ASSOCIATION,N.D., Plaintiff, NO.: 12-6052 Civil vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Sandra M. Weller 20 Pine Road Walnut Bottom, PA 17266 ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XX) The judgment is as follows: $133,080.03 together with interest, costs, fees, and charges collectible under the note and mortgage including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. • y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, N.D., Plaintiff, vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. TO: Prothonotary SIR: CIVIL DIVISION NO.: 12-6052-Civil PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Please issue a Writ of Execution, directed to the Sheriff of Cumberland County, against the Defendants, David E. Weller and Sandra M. Weller, as follows: Amount Due Interest from 1/25/14 to sale TOTAL a (031‘, E-at- " $133,080.03 $ 4,445.84 $137,525.87 GRENEN & BIRSIC, P.C. By: c.1-7Y Attorneys for Plaintiff sThlkt ,50 CL-R- cPg) 2:k-k-36asu IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL CIVIL DIVISION ASSOCIATION, N.D., Plaintiff, NO.: 12-6052-Civil VS. DAVID E. WELLER and SANDRA M. WELLER, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern side of a 50 foot wide right-of-way at the centerline of a 50 foot private right-of-way, North 09 degrees 57 minutes 25 seconds West, 258.41 feet to an iron pin; thence still along the centerline of a 50 foot private right-of-way, North 54 degrees 19 minutes 28 seconds West, 29.75 feet to a point; thence along Lot No. 2 on the hereinafter mentioned Plan, North 50 degrees 48 minutes 22 Seconds East, 440.48 feet to an iron pin; thence along Lot 2 on a Plan of Rodney E. Aby, South 15 degrees West, 250.00 feet to an iron pin; thence along Lot No. 4 on a Plan of Rodney E. Aby, South 80 degrees 42 minutes 47 seconds West, 56.00 feet to an iron pin; thence along the latter, South 15 degrees West, 200.00 feet to an iron pin; thence still along the same, North 80 degrees 42 minutes 47 seconds East, 110.72 feet to an iron pin; thence along the northern side of a 50 foot wide right-of-way, South 59 degrees 22 minutes West, 244.12 feet to the centerline of a 50 foot private right-of-way, the Place of BEGINNING. CONTAINING 1.669 acres and being designated as Lot No. 3 according to a Subdivision for Dennis E. Lebo and Joy L. Lebo, by Stephen G. Fisher, R.S., dated and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 43, Page 84. BEING KNOWN AS PARCEL NUMBER: 41-12-0328-013. BEING the same premises which John H. Robinson, III and Carolyn P. Robinson, husband and wife, by Deed Dated March 21, 1988 and recorded in the Office of the Recorder of Cumberland County on March 23, 1988 in Deed Book Volume F33, Page 1117, granted and conveyed unto David E. Weller and Sandra M. Weller. KNOWN and numbered as 10 Allison Lane, Shippensburg, PA 17257 Parcel #41-12-0328-013 GRENEN & BIRSIC, P.C. (r/L By: Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL CIVIL DIVISION ASSOCIATION, N.D., Plaintiff, NO.: 12-6052-Civil VS. DAVID E. WELLER and SANDRA M. WELLER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA )SS: COUNTY OF ALLEGHENY U.S. Bank National Association, N.D., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of David E. Weller and Sandra M. Weller, located at 10 Allison Lane, Shippensburg, PA 17257 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DAVID E. WELLER AND SANDRA M. WELLER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN SOUTH NEWTON TOWNSHIP, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 10 ALLISON LANE, SHIPPENSBURG, PA 17257. DBV F33, PAGE 1117, AND PARCEL #41-12-0328-013. 1. The name and address of the owners or reputed owners: David E. Weller 20 Pine Road Walnut Bottom, PA 17266 Sandra M. Weller 20 Pine Road Walnut Bottom, PA 17266 2. The name and address of the defendants in the judgment: David E. Weller 20 Pine Road Walnut Bottom, PA 17266 Sandra M. Weller 20 Pine Road Walnut Bottom, PA 17266 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. Bank National Association, N.D. PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: U.S. Bank National Association, N.D. 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 Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant(s) 10 Allison Lane Shippensburg, PA 17257 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. Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE Notary Public COT.'::::.-EALTIi C7 PIMITYLVAFTA Mt:I/Beth Act/Tv-on. rietail, PiUtlir. My CarrimisS,on Expircs ;larch 10, 40).5 _ C '-.1, .of Pittsburgh,. Raz:n} pe Count? MEMBER, PENNSYLVANIA ASSOCIATION OF NOTArIES wia 2014. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL CIVIL DIVISION ASSOCIATION, N.D., Plaintiff, VS. DAVID E. WELLER and SANDRA M. WELLER, Defendants. NO.: 12-6052-Civil NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: David E. Weller 20 Pine Road Walnut Bottom, PA 17266 -^0 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, 2"' Floor 1 Courthouse Square Carlisle, PA 17013 on June 4, 2014, at 10:00 A.M., the following described real estate, of which David E. Weller and Sandra M. Weller are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DAVID E. WELLER AND SANDRA M. WELLER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN SOUTH NEWTON TOWNSHIP, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 10 ALLISON LANE, SHIPPENSBURG, PA 17257. DBV F33, PAGE 1117, AND PARCEL #41-12-0328-013. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of U.S. Bank National Association, N.D., Plaintiff, vs. David E. Weller and Sandra M. Weller, Defendants, at Execution Number 12-6052-Civil in the amount of $137,525.87. 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. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, ND., Plaintiff, VS. DAVID E. WELLER and SANDRA M. WELLER, Defendants. CIVIL DIVISION NO.: 12-6052-Civil LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern side of a 50 foot wide right-of-way at the centerline of a 50 foot private right-of-way, North 09 degrees 57 minutes 25 seconds West, 258.41 feet to an iron pin; thence still along the centerline of a 50 foot private right-of-way, North 54 degrees 19 minutes 28 seconds West, 29.75 feet to a point; thence along Lot No. 2 on the hereinafter mentioned Plan, North 50 degrees 48 minutes 22 Seconds East, 440.48 feet to an iron pin; thence along Lot 2 on a Plan of Rodney E. Aby, South 15 degrees West, 250.00 feet to an iron pin; thence along Lot No. 4 on a Plan of Rodney E. Aby, South 80 degrees 42 minutes 47 seconds West, 56.00 feet to an iron pin; thence along the latter, South 15 degrees West, 200.00 feet to an iron pin; thence still along the same, North 80 degrees 42 minutes 47 seconds East, 110.72 feet to an iron pin; thence along the northern side of a 50 foot wide right-of-way, South 59 degrees 22 minutes West, 244.12 feet to the centerline of a 50 foot private right-of-way, the Place of BEGINNING. CONTAINING 1.669 acres and being designated as Lot No. 3 according to a Subdivision for Dennis E. Lebo and Joy L. Lebo, by Stephen G. Fisher, R.S., dated and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 43, Page 84. BEING KNOWN AS PARCEL NUMBER: 41-12-0328-013. BEING the same premises which John H. Robinson, HI and Carolyn P. Robinson, husband and wife, by Deed Dated March 21, 1988 and recorded in the Office of the Recorder of Cumberland County on March 23, 1988 in Deed Book Volume F33, Page 1117, granted and conveyed unto David E. Weller and Sandra M. Weller. KNOWN and numbered as 10 Allison Lane, Shippensburg, PA 17257 Parcel #41-12-0328-013 GRENEN & BIRSIC, P.C. 74. By: 7- c Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL CIVIL DIVISION ASSOCIATION, N.D., Plaintiff, vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. NO.: 12- 6052 -Civil NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Sandra M. Weller 20 Pine Road Walnut Bottom, PA 17266 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, 2 "d Floor 1 Courthouse Square Carlisle, PA 17013 on June 4, 2014, at 10:00 A.M., the following described real estate, of which David E. Weller and Sandra M. Weller are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DAVID E. WELLER AND SANDRA M. WELLER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN SOUTH NEWTON TOWNSHIP, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 10 ALLISON LANE, SHIPPENSBURG, PA 17257. DBV F33, PAGE 1117, AND PARCEL #41 -12- 0328 -013. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of U.S. Bank National Association, N.D., Plaintiff, vs. David E. Weller and Sandra M. Weller, Defendants, at Execution Number 12-6052-Civil in the amount of $137,525.87. 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. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, N.D., Plaintiff, vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. CIVIL DIVISION NO.: 12 -6052 -Civil LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern side of a 50 foot wide right -of -way at the centerline of a 50 foot private right -of -way, North 09 degrees 57 minutes 25 seconds West, 258.41 feet to an iron pin; thence still along the centerline of a 50 foot private right -of -way, North 54 degrees 19 minutes 28 seconds West, 29.75 feet to a point; thence along Lot No. 2 on the hereinafter mentioned Plan, North 50 degrees 48 • minutes 22 Seconds East, 440.48 feet to an iron pin; thence along Lot 2 on a Plan of Rodney E. Aby, South 15 degrees West, 250.00 feet to an iron pin; thence along Lot No. 4 on a Plan of Rodney E. Aby, South 80 degrees 42 minutes 47 seconds West, 56.00 feet to an iron pin; thence along the latter, South 15 degrees West, 200.00 feet to an iron pin; thence still along the same, North 80 degrees 42 minutes 47 seconds East, 110.72 feet to an iron pin; thence along the northern side of a 50 foot wide right -of -way, South 59 degrees 22 minutes West, 244.12 feet to the centerline of a 50 foot private right -of -way, the Place of BEGINNING. CONTAINING 1.669 acres and being designated as Lot No. 3 according to a Subdivision for Dennis E. Lebo and Joy L. Lebo, by Stephen G. Fisher, R.S., dated and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 43, Page 84. BEING KNOWN AS PARCEL NUMBER: 41 -12- 0328 -013. BEING the same premises which John H. Robinson, III and Carolyn P. Robinson, husband and wife, by Deed Dated March 21, 1988 and recorded in the Office of the Recorder of Cumberland County on March 23, 1988 in Deed Book Volume F33, Page 1117, granted and conveyed unto David E. Weller and Sandra M. Weller. KNOWN and numbered as 10 Allison Lane, Shippensburg, PA 17257 Parcel #41 -12- 0328 -013 GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-6052 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, N.D. Plaintiff (s) From DAVID E. WELLER, SANDRA M. WELLER (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: $133,080.03 L.L.: $.50 Interest FROM 1/25/14 TO SALE - $4,445.84 Atty's Comm: Due Prothy: $2.25 Atty Paid: $226.75 Other Costs: Plaintiff Paid: Date: 3/6/14 (Seal). David D. Bue y: REQUESTING PARTY: Name: KRISTINE M. ANTHOU, ESQUIRE Address: GRENEN & BIRSIC, P.C. ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYF -NNI -; C-. CIVIL DIVISION .1©G Plaintiff, NO.: 12 -6052 -Civil TYPE OF PLEADING U.S. BANK NATIONAL ASSOCIATION, N.D., vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. Sale date: 6/4/14 Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association, N.D. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, N.D., Plaintiff, vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. CIVIL DIVISION NO.: 12 -6052 -Civil Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M. Anthou, Esquire, Attorney for Plaintiff, U.S. Bank National Association, N.D., being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on June 4, 2014 as follows: 1. David E. Weller and Sandra M. Weller were the owners of the real property and have not entered an appearance of record. Sandra M. Weller died on January 19, 2013. At the time of her death, title vest solely in avid E. Weller, by operation of law. 2. Defendant, David E. Weller was served personally with a copy of the Notice of Sheriffs Sale by the Sheriff of Cumberland County on March 24, 2014 at 20 Pine Road, Walnut Bottom, PA 17266. A true and correct copy of Sheriffs return of Service is marked Exhibit "A", attached hereto and made a part hereof I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. SWORN TO AND SUBSCRIBED BEFORE ME THISq DAY OF 1.4rr>f..:��J►� Not Public M.N NN Notarial eat otic Maryeth AGI!4rm nr Notary Ru pity of ai!'R?' t!!'Vh, Alloppany County Commiaglor' x nre!. March 16 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES VANIA 2014. GRENEN & BIRSIC, P.C. BYr2z.c/L� Kristine . Anth'ou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 EXHIBIT "A" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ��U��» ��U��~�U��U�� ~vn xu~n�nn n �� ~n o o��u~ OF ��^�vmo��u~n��nmu� ��n� n n Cit (II ifitoty,, «cCE,. OF. T.1,1 StimPF US BanNational Association vs. David Eugene Weller (et al) Case Number 2012-6052 SHERIFF'S RETURN OF SERVICE 03/24/2014 12:09 PM - Deputy William Clinebeing duly sworn according to law, served the requested Real Estate Writ, Notice and Oeochpbon, in the above titled acbun, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: David Eugene Weller at 20 Pine Road, South Newton Township, Walnut Bottom, PA 17266, Cumberland County. 03/34/2014 12:09 PM - Deputy William Cline, being duly sworn according to law, attempted service to the Defendant, to wit: Sandra M. Weller at 20 Pine Road, South Newton Township, Walnut Bottom, PA 17266. The Defendant was found to be deceased. 03/28/2014 11:05 AM - Deputy William Cline, 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 10 Allison Lane, South Newton - Township, Shippensburg, PA 17257, Cumberland County. SHERIFF COST: $964.24 SO ANSWERS, April 03, 2014 RONNYRANDERSON, SHERIFF te)countySwsnerixTheosoft.*c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, N.D., Plaintiff, vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. Sale date: 6/4/14 CIVIL DIVISION NO.: 12 -6052 -Civil TYPE OF PLEADING Pa. R.C.P. RULE 3129.2(c)(2) PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association, N.D. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL CIVIL DIVISION ASSOCIATION, N.D., Plaintiff, NO.: 12 -6052 -Civil vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Attorney for Plaintiff, U.S. Bank National Association, N.D., being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated March 19, 2014, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief SWORN TO AND SUBSCRIBED BEFORE ME THIS C DAY OF GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 2014. No Public COM • N ► ° ol'N i F PENNSYYL YANG Notarial Seal MaryBeth Ackerman, Notary Public City of Pittsburgh, Allegheny County My Commission Expires March 16 2-015 . . MEMBER, PENNSYLVANIA ASSOC1AIION OF NOTARIES EXHIBIT "A" 0 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL CIVIL DIVISION ASSOCIATION, N.D., Plaintiff, NO.: 12 -6052 -Civil vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA )SS: COUNTY OF ALLEGHENY U.S. Bank National Association, N.D., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of David E. Weller and Sandra M. Weller, located at 10 Allison Lane, Shippensburg, PA 17257 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DAVID E. WELLER AND SANDRA M. WELLER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN SOUTH NEWTON TOWNSHIP, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 10 ALLISON LANE, SHIPPENSBURG, PA 17257. DBV F33, PAGE 1117, AND PARCEL #41-12-0328-013. 1. The name and address of the owners or reputed owners: David E. Weller 20 Pine Road Walnut Bottom, PA 17266 Sandra M. Weller 20 Pine Road Walnut Bottom, PA 17266 2. The name and address of the defendants in the judgment: David E. Weller 20 Pine Road Walnut Bottom, PA 17266 Sandra M. Weller 20 Pine Road Walnut Bottom, PA 17266 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. Bank National Association, N.D. PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: U.S. Bank National Association, N.D. 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 Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant(s) 10 Allison Lane Shippensburg, PA 17257 Q 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. SWORN TO AND SUBSCRIBED BEFORE ME THIS L) - Kristine M. Anthou, Esquire Attorney for Plaintiff Notary Public tA; *yE-c,tit A1C %.i' ""„'t” t :41i'i#; V ! . •' ' C C :-t Prtst u! c. ll. on : ,p;! • 5a r't : a NEMBLy t cl<i.o'l_VAKiF ASSOCIATiOiJ OF ;,,, TP.t:1ES 2014. Name and Address of Sender Grenen & Birsic, P.- C. One Gateway Center, 9th Floor Pittsburgh, PA 15222 Check type of mail or service: 0 Certified rn 0 COD 0 Recorded Delivery (International) 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 13 Express Mail 0 Signature Confirmation 0 Insured Affix Stamp (If issued es a certificate of mailing, or for additional copies of this Postmadc and Date of Receipt Fee Here bill) Handling Charge • OP. ! ..? • ..... ,-.e..: : . 4. 4:4;1 ...er • • Insured Value -%;:. 4.1_ ._, 11.40%2011_10:BD() Due Sender if COD F1 R0 DC Fee $ 039m z SC Fee PITNEY 001.88 1 DMCAORD SH Fee BOWES El 91 522021:4 RD Fee RR Fee Actual Value If Registered Article Number Addressee (Name, Street, City, State, & Zip Code) Postage 1. Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 .48 .47 2. PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 .48 .47 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 .48 .47 4. Tenant(s) 10 Allison Lane Shippensburg, PA 17257 .48 .47 5. 6. 8. Total Number of Pieces Listed by Sender Total Number of ieces Received at o Office Postmaster, Per Na e of receiving employee) 1 .91 113 . See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Page 1 of 2) 79-222 (NOS) ZD eomple Typewriter, Ink, or Ball Point Pen Grenen & Birsic, P.C. One Gateway Center, Ninth Floor Pittsburgh, PA 15222 RECEIVED MAR 2 7 2014 Tenant(s) 10 Allison Lane Shippensburg 13A 17757 Ttl5FT 1-. . 17257Wgf+21Abes, 41sIS PQN (-14-Tsslow PITNEY BOWES $ 000.48° 02 1P 0000801039 MAR 19 2014 AILED FROM ZIP CODE 1 5222 cama,z77 4 ./1. ETURN TO. SENDER VACANT. UNABLE TO FORWARD 2221.55291- . *1796- I I . ---- - -19-47 ill 111..11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, N.D., Plaintiff, vs. DAVID E. WELLER and SANDRA M. WELLER, Defendants. CIVIL DIVISION C rc'a NO.: 12 -6052 -Civil c s- 7_. Notice of the Date of Continued Sheriff's Sale The Sheriffs Sale scheduled for June 4, 2014 at 10:00 A.M. in the above -captioned matter has been continued until August 6, 2014 at 10:00 A.M. Date: (e/-2-//4/ Kristine M. Anthou, Esquire Pa I.D. #77991 Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND CHOL-UDN-01:,YF / c7 :OF THE PROTHONOTARY rip'�^�. ?g|�� 17 �%� ' ^p' ^"�'-� 8: �- �'. " / CUMBERLAND COUNTYPENNSYLVANIA ' �~~ OFf �F 74,E, ,SKE,RI*F US Bank National Association vs. David Eugene Weller (et al.) Case Number 2012-6052 SHERIFF'S RETURN OF SERVICE 03/24/2014 12:09 PM - Deputy WiIIiam Cline, being duly sworn accordinging to law, served the requested Real Estate Writ, Notice and DeoohpUon, in the above titled action, by makiknown its contents and at the same time personaily handing a true copy to a person representing themselves to be the Defendant, to wit: David Eugene Welier at 20 Pine Road, South Newton Townsh)p, Walnut 8ottom, PA 17266. Cumberland County. 03/24/2014 12:09 PM - Deputy William Cline, being duly sworn according to law, attempted service to the Defendant, to wit: Sandra M. Weller at 20 Pine Road, South Newton Township, Walnut Bottom, PA 17266. The Defendant was found to be deceased. 03/28/2014 11:05 AM - Deputy William Cline, 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 10 Allison Lane, South Newton - Township, Shippensburg, PA 17257, Cumberland County. 06/02/2014 As directed by Kristine M Anthou, Attorney for the P|ainUff, Sheriff's Sale Continued to 8/6/2014 08/06/2014 Ronny R. Anderson, Gheriff, 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 8quane, Codio|e, PA on August 06, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Kristine Anthou, on behalf of U.S. Bank, National Association, being the buyer in this execution, paid to the Shenif the sum of $ SHERIFF COST: $1.O62.74 SO ANSWERS, August 28.2O14 RON RANDERSON, SHERIFF (c) CoumyStt.te Sheriff, Telemoft,� On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, PA, Known and numbered 10 Allison Lane, Shippensburg, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Cr `" Date: March 3, 2014 GT_ By: r \ A I • Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2012-6052 Civil Term U.S. Bank National Association vs. David Eugene Weller Sandra M. Weller Atty.: Kristine M. Anthou ALL THAT CERTAIN tract of land situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern side of a 50 foot wide right-of-way at the centerline of a 50 foot private right-of-way, North 09 degrees 57 minutes 25 seconds West, 258.41 feet to an iron pin; thence still along the centerline of a 50 foot private right-of-way, North 54 degrees 19 minutes 28 seconds West, 29.75 feet to a point; thence along Lot NO.2 on the hereinafter mentioned Plan, North 50 degrees 48 minutes 22 Seconds East, 440.48 feet to an iron pin; thence along Lot 2 on a Plan of Rodney E. Aby, South 15 degrees West, 250.00 feet to an iron pin; thence along Lot N0.4 on a Plan of Rodney E. Aby, South 80 degrees 42 minutes 47 seconds West, 56.00 feet to an iron pin; thence along the latter, South 15 degrees West, 200.00 feet to an iron pin; thence still along the same, North 80 degrees 42 minutes 47 seconds East, 110.72 feet to an iron pin; thence along the northern side of a 50 foot wide right-of-way, South 59 degrees 22 minutes West, 244.12 feet to the centerline of a 50 foot private right-of-way, the Place of BEGINNING. CONTAINING 1.669 acres and being designated as Lot NO.3 ac- cording to a Subdivision for Dennis E. Lebo and Joy L. Lebo, by Stephen G. Fisher, R.S., dated and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 43, Page 84. BEING KNOWN AS PARCEL NUM- BER: 41-12-0328-013. BEING the same premises which John H. Robinson, JJJ and Carolyn P. Robinson, husband and wife, by Deed Dated March 21,1988 and re- corded in the Office of the Recorder of Cumberland County on March 23,1988 in Deed Book Volume F33, Page 1117, granted and conveyed unto David E. Weller and Sandra M. Weller. KNOWN and numbered as 10 Al- lison Lane, Shippensburg, PA 17257. Parcel #41-12-0328-013. 116 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: April 18, April 25 and May 2, 2014 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. Lisa Marie Coyle, Editor SWORN TO AND SUBSCRIBED before me this da of Ma 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.. CUMBERLAND CNTY My Commission Expires Apr 28. 2018 The Patriot -News Co. 2020 Technology Pkwy Suite 3013 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the 1JatriotNtws Now you know 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 the Assistant Controller 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 hnArrLr,f riirectors of the said Company and subsequently duly recorded in the office for the Recording of Deeds 2012-6052 Civil Term uphin in Miscellaneous Book "M", Volume 14, Page 317. US Bank National Association Vs This ad ran on the date(s) shown below: David Eugene Weller 04/13/14 Sandra M. Weller Atty: Kristine M Anthou , - 04/20/14 04/27/14 ALL THAT CERTAIN tract of land situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: , BE NNING at an iron pin on the nort rn side of a 50 foot wide right - of -w at the centerline of a 50 foot priva: right-of-way, North 09 degrees 57 minutes 25 seconds West, 258.41 feet to an iron pin; thence still along the centerline of a 50 foot private right-of-way, North 54 degrees 19 minutes 28 seconds West, 29.75 feet to a point; thence along Lot N0.2 on the hereinafter mentioned Plan, North 50 degrees 48 minutes 22 Seconds East, 440.48 feet to an iron pin; thence along Lot 2 on a Plan of Rodney E. Aby, South 15 degrees West, 250.00 feet to an iron pin; thence along Lot NO.4 on a Plan of Rodney E. Aby, South 80 degrees 42 minutes 47 sernnde West i/t fM1 feet. tn. 2n_ irnn. S or_ o and subscribed beforamethis 02 day of May, 2014 A.D. Public COMMONWEALTH OF PENNSYLVANIA ?ot4rtal Sect Holy Lynn ,•,..-`c' tary Pub".:c '." ,.sh'ngtun 7 D uphtn County ..y Ccnm,ssA^7"f.r"-as Dec. 12, 2016 MEMIER PFNNSvtvANTA AccrvrATTON OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which U S Bank N A is the grantee the same having been sold to said grantee on the 6th day of August A.D., 2014, under and by virtue of a writ Execution issued on the 6th day of March, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 6052, at the suit of U S Bank NAND against David E & Sandra M Weller is duly recorded as Instrument Number 201420908. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 1jA, A.D. 07 0 / day of i` Recorder of Deeds de f Deeds, Cumberland County, Carlisle, PA" My Com ission Expires the First Monday of Jan. 2018