HomeMy WebLinkAbout13-2790 Court of Common Pleas For Prothonotary Use Only:
Civil Cover Sheet
Docket No:
Cumberland County 13 -0q0 (21VOTerm
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
® Complaint ❑ Writ of Summons ❑ Petition
S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
E Lead Plaintiff's Name: EverBank Lead Defendant's Name: Paula M Zreliak
C
T Dollar Amount Requested: within arbitration limits
I Are money damages requested ?: ❑ Yes ® No (Check one) ® outside arbitration limits
N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No
A Name of Plaintiff /Appellant's Attorney: Christopher A. DeNardo, Esquire
❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant)
Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
S ❑ Product Liability (does not El Employment Dispute:
include mass tort) Discrimination
B' ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other
❑ Zoning Board
C ❑ Other:
El
T ,
I E] Other:
O MASS TORT
N ❑ Asbestos
❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
® Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ Dental ❑ Partition ❑ Replevin
❑ Legal ❑ Quiet Title ❑ Other:
❑ Medical ❑ Other:
❑ Other Professional:
Updated 1/1/2011
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403_
rn cv
KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 = 00 M �
LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D. NO. 92357
3600 HORIZON DRIVE, SUITE 150 �.. "� � c
KING OF PRUSSIA, PA 19406 "� x30 � -i
" C: =F. --
TELEPHONE: (610)278 -6800 = C::� c
S & D FILE NO. 13- 043097''
Cn ,.
EverBank COURT OF COMMON PLEAS r3
PLAINTIFF CIVIL DIVISION
CUMBERLAND COUNTY
VS.
NO: 13 - o1' -JqO l:ivil le�l"�
Paula M Zreliak
4125 Mountain View Road
Mechanicsburg, PA 17050
DEFENDANT
COMPLAINT - CIVIL ACTION
MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE
FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND
NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU
ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE
ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY
OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
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.
4 103.`75 P13 ATT
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Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717 - 249 -3166
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT YOU ARE ADVISED THAT THIS LAW
FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
NOTICIA
LE RAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE
DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,
USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA
DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA
ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA
ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU
PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA
MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O
NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA
PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O
OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717- 249 -3166
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530
LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D. NO. 92357
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278 -6800
S & D FILE NO. 13- 043097
EverBank COURT OF COMMON PLEAS
PLAINTIFF CIVIL DIVISION
CUMBERLAND COUNTY
VS. '
NO:
Paula M Zreliak
4125 Mountain View Road
Mechanicsburg, PA 17050
DEFENDANT
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, EverBank, the address of which is, 301 West Bay Street, Jacksonville, Florida
32202, brings this action of mortgage foreclosure upon the following cause of action:
1. (a) Parties to Mortgage
Mortgagee Mortgage Electronic Registration Systems, Inc. as nominee for Cole
Taylor Bank
Mortgagor(s) Paula M Zreliak
(b) Date of Mortgage August 2, 2011 _
(c) Place and Date of Record of Mortgage
Recorder of Deeds
Cumberland County Document ID# 201121751
Date: August 4, 2011
The Mortgage is a matter of public record and is incorporated herein as provided
by Pa. R.C.P. No. 1019(g).' A true and correct copy of the Mortgage is attached
hereto and marked as Exhibit "A" and incorporated herein by reference.
(d) Assignments
Assignor: Mortgage Electronic Registration Systems, Inc.
Assignee: Bank of America, N.A. Successor by Merger to BAC Home Loans
Servicing, LP
Date of Assignment: July 24, 2012
Recording Date: July 27, 2012
Instrument No.: 201222497
Assignor: Bank of America, N.A. Successor by Merger to BAC Home Loans
Servicing, LP
Assignee: EverBank
Date of Assignment: November 23, 2012
Recording Date: December 3, 2012
Instrument No.: 201237332
2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal
successor in interest to the original Mortgagee, or is the present holder of the mortgage by
operation of law.
3. The real property which is subject to the Mortgage is generally known as. 4125 Mountain
View Road, Mechanicsburg, PA 17050 and is more specifically described as attached as
part of Exhibit "A ".
4. Each Mortgagor named in Paragraph 1 executed a note as evidence of the debt secured by
the Mortgage (the "Note "). A true and correct copy of the Note is attached and marked as
Exhibit "B ".
5. The name and mailing address of the Defendant is: Paula M Zreliak, 4125 Mountain
View Road, Mechanicsburg, PA 17050.
6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both.
7. The Mortgage is in default because the monthly installments of principal and interest and
other charges stated below, all as authorized by the Mortgage, are due as of August 1,
2012 and have not been paid, and upon failure to make such payments when due, the
whole of the principal, together with charges specifically itemized below are immediately
due and payable.
8. The following amounts are due as of April 30, 2013:
Principal Balance Due $136,504.85
Interest Currently Due and Owing at 4.375% $4,953.52
From July 1, 2012 through April 30, 2013
Appraisal Fees $400..00
Late Charges $249.38
Escrow Advances $1,390.65
Property Inspection $80.00
TOTAL $143,578.40
9. Interest will continue to accrue each day that the debt remains unpaid, subject to further
adjustment as set forth in the underlying Mortgage and Note, and Plaintiff may incur
other expenses, costs and charges collectible under the Note and Mortgage.
10. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as
proof of title in conformity with the mortgage documents and Pennsylvania law, shall be
sought by Plaintiff and included in any request for judgment.
11. Notice of Intention to Foreclose with the information required pursuant to 41 P.S. § 403
commonly known as Act 6 and demand for payment was sent to each individual Defendant
by Certified and Regular Mail. Copies of the Notice are attached as Exhibit "C ".
12. The Mortgage is insured by the Federal Housing Administration under Title II of the
National Housing Act (1.2 U.S.C. § 1707- 1715z -18). Accordingly, the Homeowners'
Emergency Assistance Act of 1983, 35 P.S..§ 1680.402c is not applicable.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in
favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 8 and 9, together
with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note
and Mortgage and for the foreclosure and sale of the mortgaged premises.
SHAPIRO & DeNARDO, LLC
Date: 5 . (
BY:
Attorneys for Plaintiff
S & D File No. 13- 043097 .
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This Instrument Prepared By
COLE TAYLOR. BANK 7789 EAST M -36
WHITMORE LAKE, MICHIGAN 48189
(810)23J.-8600
After Recording Return Td:
COLE TAYLOR BANK
7789 EAST M -36
WHITMORE LAKE, MICHIGAN 48189
Loan Number:
Uniform Parcel Identifier Number:
10 151285167
Property Address:
4125 Mountain View Rd
Mechanicsburg, Pennsylvania
17050 -7626
(Space Above This Line For ReCOnting Oats]
MORTGAGE FHA CASE. No.
MIN: 1
TINS MORTGAGE ('' Secuuity Instrument ") is given on AUGUST 2, 2011
The mortgagor is Paula M 2re1iak a single woman
This Security Instrument is given to Mortgage El ectronic Regisuretion Systems, ,Inc. ( "MERS" as Mortgagee, over ").
is the nombnee for Lender, as hereinafter defined, and ,Lender's sucomsors and assigns. MERS is oorran d and
existing under the laws Of Delaware, and has a mailing address of P.O. Box 2026, Flint, MI 48501 -2026 and a street
address of 1901 E. Voorhees Street, Suite C, Danville, IL 61834, tel. (888) 679 -MEIN,
COLE TAYLOR BANK, AN ILLINOIS CHARTERED BANK
is organized and existing udder the laws of ILLINOIS ( " Lender ")
and has an address of 7789 EAST M -36 WHITMORE LAKE, MICHIGAN 48189 '
Borrower owes Lender the principal sum of ONE - HUNDRED THIRTX -EIGHT THOUSAA]b FOUR
HUNDRED AND o0/100 t)O11ars (U. S. $ 13 8, 4 0 0. O O
FHA PENNSYLVANIA MORTGAGE - MERS
PAMTOZ.FNA 19!29110
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This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note" which provides
for monthly payments, with the full debt, if not paid earlier, due and payable on SEPTEMBER 1, 2 041 .
This Security Instrument secures to Lender; (a) the repayment of the debt evidenced by the Note, with interest, and
all renewals, extensions and modifications of the Note; (b) the payment of all other suns, with interest, advanced
tinder paragraph 7 to protect the soturity of this Security I:>skrwtnent; and (e) the perfornmca ofBorfoww' s covenants
and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant
and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
assigns of MFRS the following described property located in CUMBERLAND County,
Pennsylvania:
5EE EXHIBIT , 'A' r)0�p REP= AM By THIS � M%M A PART H?DOF.
A.P.N.: ].0151285267 Ag
which has the address of 4125 Mountain View Rd
Isaat)
Mechanicsburg , Pennsylvania 170507626 ( "Property Address "):
[City] [Z ip Code]
TOGETHER W" all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereaRerr a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property,"
Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Security
Instrument; but if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors
and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose
and sell the Property; and to take any aetion required of Lender including, but not Iimited to, releasing or canceling
this Security Instrument
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record_
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY Z13MU1vl;l~NT combines uniform covenants for national use and non - uniform covenants with
limited variations by jurisdiction to constitute a unifortzt security instrument covering rew property,
UNIFORM COVENANTS. Borrower and Lander covenant and agree as follows:
I. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and
interest on, tho debt evidenced by the Note and late charges due under the Note_
FHA PFIJNSYLVANIA MORTGAGE -MFRS
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2.' Montbly Payment of Taxes, Itesuranee, and Other ChaMea Borrower shall include in each monthly
payment, togetter with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and
special assessments levied or to be levied against the Property, (b) leasehold payments or ground rem on the
Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a
mortgage insurance premium to the Secretary of Housing and Urban Development ( "Secret "), in y y
which such premium would have been required if Lender 9611 held the Security to b Instrument, each or monthly an payment
ear in
shalt also include either: (i) a sum for the annual mortgage insurance premium e paid by Lender to the Secretary
or (ii) a monthly charge instead of a mortgage insurance premium if this Security Iosp ai is held by the Secretary,
in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items
are called "Escrow items" and the stuns paid to Lender arc called "Escrow Funds.
Lender may, at any time, collect and hold amounts for Escrow Items in an aggrepte amount not to exceed the
maximum amount that may be required for Borrower's escrow account under the heal Estate Settlement Procedures
Act of 1974, 12 U. S.C. §2601 et sea and impleamem* regulations, 24 CFR Part 3500, as they tray be amended
from time to time( ("RESPA"), ptCept that the cushion or reservepermitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for
the mortgage insurance premium,
If the amounts held by Lender for Escrow items exceed the amounts permitted to be held by RESPA, Lender shall
account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time
Art not sufcicnt to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make
up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If
Borrower tenders to Lender the full payment of all such stuns, Borrower's account shall be credited with the balance
remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has
not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower.
Inmiediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be
credited with any balance remaining for all installments for items (a), (b), and (c),
3. Application of Paytneats, All payments under Paragraphs) and 2 shall be applied by Lender as follows;
IRST to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by
the Secretary instead of the monthly mortgage insurance premium;
SE_ C(aND to any taxes;, special assessments, leasehold payments or ground refits, and fire, flood and other hazard
insurance premiums, as required;
IRD, to interest due under the Note,
PAMTH tQ amortization of the principal of the Note; and
FrFTH to late charges due under the Note.
4. Fire, Flood and Other Lazard Insurance, Borrower shall insure all improvements on the property,
whether now in existece or subsequently erected, against any hazards, casualties, and contingencies, including tire,
for which Leader requires insurance. This insurance shall be maintained in the Amounts end for the periods that
Lender requires. Borrower shall also insure all improvements on
the Property, whether now in existence or
subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with
comPhnies approved by Lender, The insurance policies and any renewals shall be held by Lender and shall include
loss payable clauses in favor of, and in a form acceptable to, Lender.
In the event of Joss, Borrower shall give Leader immediate notice by mail. Lender may stake proof of loss if not
made promptly by Borrower, Each insurance company concerned is hereby authorized atttd directed to make payment
for such loss directly to Lc her instead of to Borrower and to Lender jointly. All or any part of the insurance
FHA PETS 11,11S M()RTGA(; : MERE
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proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness ur►dcr the Note and
this Security Instrument, first to any delinquent amounts applied in the order in Paragraph 3, and then to prepayment
of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the
principal shall not extend or postpone the due date of the monthly payments which are referred, to in paragraph 2, or
change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security htstrtunent shall be paid to the entity legally entitled thcreto_
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes
the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
5. Occupancy, preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Uasebolds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty
days after the execution of this Security Instrument (or within sixty days of a later Sale or transfor of the Property)
and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of
occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating
circumstances exist which are beyond Borrower's control. ,Borrower shall notify Lender of any extenuating
circumstances. Borrower sltall not commit waste or destroy, damage or substantially change the Property or allow
the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is
vacant or abandoned or the loan is in default Leader may take reasonable action to protect and preserve such vacant
or abandoned Property_ Borrower shall also be in default if Borrower, daring the loan application process, gave
materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to, representations
concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a
leasehold. Borrower shall comply witty the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and fee title shalt not be merged unless Lender agrees to the merger in writing.
6. Condemnation. 7be proceeds of any award or claim for damages, direct or consequential, in connection
with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are
hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid
under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness
under the Note and this Security hlstrummt, first to any delinquent amounts applied in the order provided in
paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not.extend
or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such
payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this
Security Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay
these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect
Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to ,Lender receipts
evidencing these payments_
If Borrower fails to make these pa ymen t s or the payments required by paragraph 2, or fails to perform acy other
covenants and agreements oontaincd in this Security Instrument, or there is a legal proceeding that may significantly
effect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or
regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender s
rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
FHA PENNSYLVANIA MORTGAGE - MERS
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Any amounts disbursed by Lender under this paragraph shall became an additional debt of Borrower and be
secured by this Security instrument. These amounts shall bear interest from, the date of disbursement at the Note rate,
and at the option of Lender shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower;
(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) Contests
in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's
opinion operate to prevent the enforcement of the lien, or (c) secures from the holder of the lien an agreement
satisfactory to Lender subordinating the lien to this Security Instrurnent. If Lender determines that any part of the
Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien. Borrower shall satisfy the lied or take one or more of the actions set forth above within
IO days of the giving of notice.
8. Nees. Lender may collect fees and charges authorized by the Secretary,
9. Grounds for Acceleration of Debt.
(A) Default. Lender may, except as limited by regulations issued by the Secretary in the case of paymern
defaults, require immediate payment in full of all sums secured by this Security Instrument if
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by Failing, for a period of thirty days, to perform any other obligations
contained in this Security instrument_
(b) Sale Without Credit Approwd. Lender shall, if permitted by applicable taw (including section 341(d)
of the Garn -St. Germain Depository Institutions Act of 1982, 12 U.s.C. 1741j -3(d)) and with the prior
appmval of the Secretary, require immediate psyrt an in fall of all stuns secured by this Security Instrument it;
(i) All or part of the Property, Ora beneficial interest in a trust owning all or part of the property, is
sold or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the
purchaser or grantee does so occupy the Property, but his or her credit has not been approved in
accordance with the requirements of the Secretary.
(c) No Waiver. If eircumsranocs occur that would permit Lender to require immediate payment in full,
but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary, In many circumstances regulations issued by the Secretary will limit
Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not
paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations
of the Secretary.
(c) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not
determined to be eligible for insurance under the National Housing Act within 60 DAYS
from the date hereof, Lender may, at its optiM require immmediate payment in full of all sums secured by
this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to
60 DAYS from the date hereof, declining to insure this Security Instrument and
the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option
may not be exercised by Leader when the unavailability of insurance is solely due to Lender's failure to remit
a mortgage insurance premium to the Secretary.
10, Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full
because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies
even after foreclosure proceedings are instituted. To reinstate the Security Instrument Borrower shall tender in a
lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of
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Borrower under this Security Instrument, foreclosure costs and reasonable and Customary attorneys' fees andexpenses
Properly associated with the foreclosure proceeding. upon reinstatement by Borrower, this S=9ity Instrument and
the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full.
However, Lender is not required to permit reinstatement if (i) Lender has accepted reinstatement afixr the
commencement of foreclosure proceedings within two years immediately preoeding the commencement of a current
foreclosure proceedin& (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii)
reinstatement will adversely affect the priority of the lien created by this Security Instrument,
11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or
modification of amortization of the sums secured by this Security lnstrurnent granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in
interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend
time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any
demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising
any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bounds Joint and Several Liability; Co- Signem The covenants and agreements
of this Security lnstrUtnent shall bind and benefit the successors and assigns of lender and Borrower, subject to the
Provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who
co -signs this Security Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Property tinder the terms of this Security Instrument; (b)
is not personally obligated to pay the suns secured by this Security Instrument; and (c) agrees that Leader and any
other Borrower may agree, to extend, modify , forbear or make any accommodations with regard to the terms of this
Security Instrument or the Note without that Borrower's consent.
13. Notices. Any notice to 13orTower provided for in this Security Instt=cnt shall be given by delivering it or
by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed
to the Property Address or any other address Borrower designates by notice to Lender.. Any notice to Lender shall
be given by first class mail to Lender' s address slated herein or any address Lender designates by notice to Borrower.
Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when
given as provided in this paragraph-
14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of
the jurisdiction in whit]? the Property is donated. ]n the event that any provision or clause of this Security Instrument
or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument
or the Note which can be given efffct without the conflicting provision. To this end the provisions of 'this Security
instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy ofthe Now and of this Security Instrument.
16• Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release
of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
affecting the Properly that is in violation of any Environmental Law. The preceding two sentences shall not apply
to the presence, use, or storage on the Property of small quantities of Hazardous Substances thst are generally
recognized to be appropriate to normal residential uses and to maintenance of the propel .
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action
by any governmental or regulatory agency or private parry involving the Property and any Hazardous Substance or
Environmental Law of which borrower has actual knowledge. If Borrower learns, or is notified by any governrnerutal
or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property
is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmentai Law.
FHA Pe; NSYLVANIA MORTGAGE- MEft$
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As used- in this paragraph 16, "Hamdous Substances" are those substances defined as toxic or hazardous
snce" by Environments' Law and the following substances: gasoline, kerosene, other tlaaunable or. tonic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials oarnaia g or formaldehyde,
radioactive materials. As used in this paragraph 16, "Environmental Laws' means federal laws and laws of the
Jurisdiction where the Property is located that relate to health, safety or environmental protection.
NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows;
17. Assignment of beats. Borrower unconditionally assigns and transfers to Lender all the rents and revenues
of the Property. Borrower authorizes Lender or Lender's agents to cwlleot the rents and revenues and hereby directs
each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to
Borrower of Borrower' s breach of any covenant or agreement in the Security Instrument, Borrower shall collect and
receive all rents and revenues ofthe Property as trustee for the benefit of Lender and Borrower. This assignment of
rents constitutes an absolute assignment and not an assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as
trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be
entitled to collect and receive all of the rents of the Prop and (c) each tenant of the Property shall pay all rents
due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment Of the rents and has not and will not perform any act that would
prevent Lender from exercising its tights under this paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice
of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach.
Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This
assignment of rents of the property shat! terminate when the debt sewed by the Security lnsd•ument is paid in full.
19 - Foreclosure ftmedur e. If Leader requires Immediate payment in full under paragraph 9, Lender may
foreclose this Security Instrument by judicial proceeding and/or invoke any other rem its. permitted by
applicable law. Leader shall be entitled to collect all expenses incurred to d or
remedies provide
pursuing fife re
referred to in this paragraph 19, including, but trot limited to udoraeys' fees and costs re title evidence a the
extent permitted by applicable law, ,
If the Lender's interest in this Security Instrument is hold by the Secretary, and the Secretary requires
immediate paylneat it fuff under paragraph 9, the Secretary may invoke the uonjudicial power of salt provided
in the Single Family Mo rtgage Foreclosure Act of 1994 ( "Aet'5 (12 U.S.0 3751 et SeR by ins a
sal pr
foreclosure commissioner designated audertlto Act to commence foreclosure and to sell the Property as provided
in the Act_ Notbing in the preceding sentence shall deprive the Secretary of any rights otherwise available to
a Lender under this paragraph I8 or applicable law.
19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the
estate conveyed shall terminate and become void.. After such occurrence. Lender shall discharge and satisfy this
Security Instrument. Borrower shall lay any re4eordation costs. Lender may charge Borrower a fee for releasing this
Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is
Permitted under applicable law.
20. waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in
proceedings to enforce this security ,Instrument, and hereby waives the benefit w ean present or f laws providing
for stay of execution, extension of time, exemption from attachm t 1
21_ Reinstatement Period Borrower' S time to reinstate t and sale, and homestead, exempti
to the commencement of bidding at a Sheriff $ sale or other ��p� u � gr Security in str u ment,
n. to one hour prior
FHA PEtJNSYt V I M0I7fQAt;E -MFRS
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22. Pur+ch"e Money Mortgage. If any of the debt secured by this Security instrument is lent to Borrower to
acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
23. Interest Rate After Judgment Borrower agrees that the interest rate payable after a judgment is entered
on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
24, Riders to this Security Instrument If one or more riders are executed by Borrower and recorded together
with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreernents of this Security Instrument as if the rider(s) were a pan of this Security
Instrument
[Cheek applicable box(es)].
L Condominium Rider [] Graduated Payment Rider ❑ Growing Equity Rider
Z] Planned Unit Development Rider ❑ Adjustable Rate Bider ❑ Rehabilitation Loan Bider
❑ Non -Owner Occupancy Rider 0 Other [specify]
[REMAINDER OF THIS PAGE INTENTIONALLY LE t' BLANIq
FHA PENNSYLVANIA MLWGAGE -MFRS
PAMTGZ.FKA 11129/10 Pape 8 of t 1 be~
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04- 17 -'13 13;45 - ~ "" - - _________ T -784 P0019/ 0030 F -166
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in pages] through l I ofthis Security
Instrument and in any rider(s) cxecuted Iry Borrower and recorded with it,
j j
(Seal)
:Paula M Zrel ' - Borrower Borrower
- borr ( sew )
ower (sew)
- Borrower
- Borrower ) •Horrawer)
Witness: Witnms!
F"A PENNSYLVANIA MOR7GAC�E_ Mph
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Mace takm This Una For Acknow fadgmentl
State of PENNSYLVANIA
County of
Oh this the ; day of � � ? 01 / before to a S api n e K • 5 tx}� - W
._ ,
the undersigned officer, personally appeared Paula M Zreliak ,
known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged that he/she/they executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seals.
Comm OF PENNSYLVANIA
Swianne K . Noury Pik Signature
Camp Hip Sm. Qmbut" Caursty
W - 25,2013
+ ..
PrMted N N a m e
r r� /_' j, C.
(Sew) Ti of Officer
My evmmission expires;
rHA PE7JlJSYLVANIA MQI�GAC,E_ MffM
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Qm esf Redi ft of Mortga`ee
The Undersigned hereby certifies that: (i) he/she is the Mortgagee or the dul authorized attorney or agent of
the Mortgagee named in the within instrument; and (ii) Mortgagee's precise residence is:
1901 E Voorhees Street, Suite C, Danville, IL 61834
Witness my head this day of I r U�-D 1 f
Signahuc o &Monaq Dul y Aulboriaed Attorney of Agent
Type or Print fdwrje of Mortgages or Mortgagee's Duly A y or Agm
I•HA PENNSYLVANIA MORTGAGE_ MEps
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04- 17 -'13 13;41 T -784 P0022/0030 F -166
FHA Gast No.: 4
Loan. Number:
FHA PLANNED UNIT DEVEI-OPMENT RIDER
THIS PLANNED UNIT DEVELOPMENT RIDER is made this 2nd day of
AUGUST, 2011 , and is incorporated into and shall be deemed to amend and
supplement the Mortgage Deed of Trust or Security Deed ( "Security Instrument") of the same date given
by the undersigned ( "Borrower ") to secure Borrower's Note ( "Note ") to COLE TAYLOR BANK,
AN ILLINOIS OIARTERED BANK
( "Leader ") of the same date and covering the Property described in the Security Instrument and located at-
4125 Mountain View Rd, Mechanicsburg, Pennsylvania
17050 -7626
[Property Address]
The Property is part of a planned unit development ( "PUW) known as:
Mountain View Village
(Name of Planned Unit Development]
PUD COVENANTS. In addition to the covenants and agreements made in the Security lostrumcnt,
Borrower and Leader finther covenant and agree as follows'
A. So long as the Owners Association (or equivalent entity holding title to common areas and
facilities), acting as trustee for the homeowners, maintains, with a generally accepted insurance
caarier, a "master" or "blanket" policy insuring the property located in the PUD, including all
improvements now pasting or hereafter erected on the mortgaged premises, and such policy is
satisfactory to Lender and provides insurance coverage in the amounts, for the periods, and
against the hazards Lender requires, including fire and other bA=ds included within the term
"extended coverage," and loss by flood, to the extent required by the Secretary, then: (i) Lender
waives the provision in Paragraph 2 of this Security Instrument for the monthly payment to
Lender of one- twelfth of the yearly premium installments for hazard insurance on the Property,
and (ii) $orrowtr s obligation under Paragraph 4 of the Security Instrument to maintain hazard
insurance coverage on the Property is deemed satisfied to the extent that the required coverage
is provided by the Owners' Asso6ation policy, Borrower shall give Lender prompt notice oEany
lapse in required hazard insurance coverage and of any loss occurring from a hazard. In the event
of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to
the Property or to common areas and facilities of the PUD, any proceeds payable to aorxower are
hereby assigned and shall be paid to Lender for application to the sums secured by this Security
Instrument, with any excess paid to the entity legally entitled thereto.
B. Borrower promises to pay all dues and assessments imposed pursuant to the legal instruments
creating and governing the PUD,
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C. If Borrower dits not pay PUD dues Rnd assessments when due, then Lender may pay them, Any
amounts disbursed by Lender under this paragraph C shall became additional debt of Borrower
secured by the Sxurity Instrument, Unless Borrower and Lender agree to other terms of
payment, these amotmts shall bear interest from the date of disbursement at the Note ntc and shall
be payable, with interest, upon notice from Lender to Borrower requesting payment.
BY SIGNING gPLOW, Borrower accepts and agees to the terms and provisions contained in this
P[: D hider.
(l) (seal)
Paula M Zr i k - Borrower - Borrower
(Seal) (Seal)
- Borrower - 13ortower
(Seal) (Seal)
- Borrower - Borrower
FHA - MULTISTATE Pl1D RIDER
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04- 17 -'13 13,46 T -734 P0024/0030 F -166
EYIBI T' "A"
ALL THAT CERTAIN lot or tract of land with the improvements erected thereon, situate
in Hampden Township, Cumberland County, Pennsylvania, as set forth on the Final
Subdivision Plan for Mountain View Village, Phases I and Ill, dated September 20,
19$8, revised October 31, 1988 and recorded December 23, 1988 in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 57, Page
14, more particularly bounded and described as follows to wit:
BEGINNING at a point along the dividing line of lands now or formerly of Presbytery of
Carlisle and the hereindescribed Lot, said point being more specifically located the
following two (2) courses and distances from the southwest corner of the intersection of
Orr's Bridge Road, a sixty (60') foot public right- of-way, with Mountain View Road, a
sixty (60') foot public- right -of -way: 1.) South thirteen degrees fifty -nine minutes zero
seconds West (S 13° 59' 00" W) a distance of one hundred sixty -five and one hundredth
(165.01') feet; 2.) North seventy -five degrees fifteen minutes zero seconds West (N 75°
15' 00" W) a distance of three hundred thirty-seven and twenty -nine hundredths
(337.29') feet to a point; thence along the dividing line of Lot No. 16 and Lot No. 15 on
the aforesaid plan on a course of North fourteen degrees Forty -five minutes zero
seconds East (N 14° 45' 00" E) a distance of one hundred and zero hundredths
(100.00') feet to a point; thence on a course of South seventy -five degrees fifteen
minutes zero seconds East (S 75 15'00" E) a distance of thirty -five and eight
hundredths (35,08') feet to a paint along the line of twenty -five (25') foot by one hundred
sixty -five (165') foot access easement set forth on the aforesaid plan; thence along the
said line on a course of South fourteen degrees forty -five minutes zero seconds West (S
14 45' 00"W) a distance of one hundred and zero hundredths (100.00') feet to a point
along the aforesaid lands now or formerly of Presbytery of Carlisle; thence along the
aforesaid lands of Presbytery of Carlisle on a course of North seventy -five degrees
fifteen minutes zero seconds West (N 75 15' 00" W) a distance of thirty -five and eight
hundredths (35.06') feet to a point, the point and place of BEGINNING.
BEING Lot No. 16 on the aforesaid Final Subdivision Plan for Mountain View Village,
Phases I and Ill.
UNDER AND SUBJECT to certain restrictions and conditions as appear of record in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in
Miscellaneous Book 392, page 787. Miscellaneous 353, Page 557, and Miscellaneous
Book 414, page 1102.
ALSO UNDER AND SUBJECT to a sanitary and storm sewer easement extending
along the northerly boundary line of the property and a thirty (30') foot sanitary and
storm sewer easement extending along the southerly boundary line of the said property,
as well as a twenty -five (25') foot by one hundred sixty-five (165') foot access easement
extending along the easterly line of the herein described lot, all as more specifically set
forth on the aforesaid plan.
ALSO UNDER. AND SUBJECT, NEVERTHELESS, to easements, restrictions,
reservations, conditions and rights -of -way of record.
04- 17 -'13 13;47 T -784 P0025/0030 F -166
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
X COURTHOUS SQUARE
CARLISLE, PA 17013
717 - 240 -6370
Instrument Number- 201111751
Recorded On 8/4/2011 At 1:46:47 PM * Total Pages - 15
•
Instrument Type - MORTGAGE
Invoice Number - 91177 User ID - ICW -
• Mortgagor - ZRELIAR, PAULA, M
• Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC
• Customer - MIDSTATE
FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS /ACCESS TO $23.50
JUSTICE,
RECORDING FEES - $31.50 DO NOT DETACH
RECORDER OF DEEDS
PARCEL CERTIFICATION $10 .00 This page is now part
FEES of this legal docin
AFFORDABLE DOUSING $11.50
COUNTY ARCHIVES .FE $2.00
ROD ARCHIVES FEE $3.00
TOTAL, PAID $82.00
I Certify this to be recorded
in Cumberland County EA
RECORDER O 1
" - /,nformation denoted by an asterisk may chsFRge during
the verification process and may not be reflected on this pgge.
000Wz
Illf lIIII �Illlll Il III III
r
MIN Loan Number:
NOTE
FHA Case Nn.
AUGUST 2, 2011 WHITMORE LAKE MICHIGAN
[Date] [City] [�]
4125 Mountain View Rd, Mechanicsburg, Pennsylvania 17050 -7626
[Property Address]
1. PARTIES
'Borrower" means each person signing at the end of this Note, and the person's successors and assigns.
'lender "means COLE TAYLOR BANK, AN ILLINOIS CHARTERED BANK
and its successors and assigns.
2. BORROWETS PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of
ONE HUNDRED THIRTY -EIGHT THOUSAND FOUR HUNDRED AND 00 /100
Dollars (U. S. $ 138,400-00 ),
plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of
the loan proceeds by Lender, at the rate of FOUR AND 3 7 5 / 10 0 0 percent
( 4.3 7 5 %) per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated
the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from
losses which might result if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the 1 s t day of each month beginning
on OCTOBER 1, 2011 Any principal and interest remaining on the 1st day of
SEPTEMBER, 2041 , will be due on that date, which is called the "Maturity Date."
(B) Place
Payment shall be made at 7789 EAST M -36, WHITMORE LAKE, MICHIGAN 48189
or at such other place
as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U. S. $ 6 91. 01
This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to
principal, interest and other items in the order described in the Security Instrument
(D) Allonge to this Note for payment Adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants
of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge
were a part of this Note.
MULTISTATE - FHA FIXED RATE NOTE Doemoole gftnm
USFHA.NTE 09125/09 Page 1 of 3 www.docmagfc.com
Jrin 9
(Check applicable box.)
❑ Growing Equity Allonge
❑ Graduated Payment Allonge
❑ Other [specify]:
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty,
on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest
on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations
of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount
of the monthly payment unless Lender agrees in writing to those changes.
S. BORROWERS FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in
Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late
charge in the amount of FOUR AND 0 0 0 / 10.0 0 percent ( 4.000 %)
of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by
regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance
remaining due and all accrued interest Lender may choose not to exercise this option without waiving its rights in
the event of any subsequent default. In many circumstances, regulations issued by the Secretary will limit Lender's
rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration
when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and
Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borr ower to pay costs
and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited
by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the
principal of this Note. I
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice
of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of
Dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid.
S. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under.this Note
will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a
different address if Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by delivering it or by mailing it by first
class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of
that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or
endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including
the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in
MULTISTATE - FHA FIXED RATE NOTE DectSa9lc alb
USFHA.NTE 09125/09 Page 2 of 3 www.doanagk.com
this Note. Lender may enforce its rights under this Note against each person individually or against all signatories
together. Any one person signing this Note may be required to pay all of the amounts owed under this Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained`in this Note.
/ qdz ��i ...
(mil) (Seal)
Paula M Zrel' - Borrower - Borrower
(Seal) (Seal)
- Borrower - Borrower
(mil) (Seal)
- Borrower - Borrower
Pry ttl ft order of Bank of America. NA.
wiq�out r:s:
Lisa G. Patterson, Sr. Vioe President
Cole Taylor Banc:
ISign original Only]
i
MULTISTATE - FHA FIXED RATE NOTE DocMagre MWIM
USFHA.NTE 09125/09 Page 3 of 3 www.d=nagk.com
Y
PAY TO TIME ORDER OF
WITHOUT RECOURSE
13ANK OF AMERICA, N.A.
BY: 32A - ��� �� BARARAWARREN
ASSISTANT VICE PRESIDENT
.A.W ,sohsmmA 10 *W18 To "ft WO at Ysq
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Angs - KAYST 9103
Everho
MO RTGAGE.
December 05, 2012
Paula M Zreliak
4125 Mountain View Rd
Mechanicsburg, PA 17050 -
Re: Mortgage Holder:EverBank
Mortgage Servicer: Everhome Mortgage
Loan No.
Property Address: 4125 Mountain View R, Mechanicsburg PA 17050
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
Dear Mortgagor:
The MORTGAGE held by EverBank (hereinafter we, us or ours) on your
property located at 4125 Mountain View R Mechanicsburg PA 17050
13 IN SERIOUS DEFAULT because you have not made the monthly payments of
$ 1,031.14 for August 01, 2012 through the date of this letter. Late charges and
other charges have also accured to this date. The total amount now required
to cure this default, or in other words, get caught up in your payments, as
of the date of this letter is 5,273.51
Monthly Payments Totaling: $ 5,191.01
Late Fees Totaling: $ 82.50
Other Fees Totaling: $.00
Suspense Balance: -$.00
Total Amount Past Due: $ 5273.51
You may cure this default within THIRTY (30). DAYS of the date of this letter
by paying to.us the above amount.of $ 5,273.51 plus any additional monthly
payments and late charge which may fall due.during this period. Suca
payment must be.made by either cash, cashier's check,-certified check or
money order and made payable to Everhome Mortgage and mailed or delivered
as follows:
MAILED TO: P.O. Box 530579, Atlanta, GA 30353 -0579
DELIVERED TO: 301 W. Bay Street, Jacksonville, FL 32202
Page 1 of 3
11EHSO005.1
E xk i b �- G
E verhome
MORTGAGE
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means that
whatever is owing on the original amount borrowed will be considered due
immediately and you may lose the chance to pay off the original mortgage in
monthly installments. Ifff full payment of the amount of default is not made
within ,THIRTY (30) DAYS, we also intend to instruct our attorneys to start
a lawsuit to foreclose your mortgaged property. If the mortgage is
foreclosed, your mortgaged property will be sold by the Sheriff to pay off
mortgaged debt.If we refer your case to our attorneys but you cure the
default before they begin legal proceedings against you, you sill have
to pay the reasonable attorney's fees, actually incurred up to $50.00.
However, if legal proceedings are started against you, you will have to pay
the reasonable attorney's fees even if they are over $50.00.
Any attorney's fees will be added to whatever you owe us, which may also
include our reasonable costs. Iff you cure the default within the thirty day
period, you will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage. If you have not cured the default within
the thirty day period and.foreclosure proceedings have begun you still have
the right to cure the default and prevent the sale at any time up to one
hour before the Sheriff's foreclosure sale. You may do so by paying the
total amount of the unpaid monthly payments plus any late or other charges
then due, as well as the reasonable attorney's fees and costs connected with
the foreclosure sale and perform any other requirements under the mortgage.
It is estimated that the earliest date that such a Sheriff's sale could be
held would be approximately six months. A notice of the date of the
Sheriff's sale will be sent to you before the sale. of course, the amount
needed to cure the default will increase the longer you wait. You may find
out at any time exactly what the required payment will be by calling us at
the following number 800 - 669 -7724. This payment must be made in cash,
cashier's check, certified check or money order made payable to us at the
address stated above.
Page 2 of 3
11EHSO005.1
k
E verho me
MORTGAGE
You should realize that a Sheriff's sale will end your ownership of the
mortgaged property and your right to remain in it. If you continue to live
in the property after the Sheriff's sale, a lawsuit could be started to
evict you.
You have additional rights to help protect your interest in the property.
YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT, OR TO BORROW THE MONEY FROM ANOTHER LENDING INSTITUTION TO
PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE
PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME
THE MORTGAGE DEBT, PROVIDED THAT'ALL THE OUTSTANDING PAYMENTS, CHARGES
AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT
THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO
DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE
RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same position
as if no default had occurred. However, you are not entitled to this right
to cure your default more than three times in any calendar year.
Sincerely,
Everhome Mortgage
Homeowner Solutions Group 1 -800- 669 -7724
Everhome Mortgage is a debt collector. This is an attempt to collect a
debt and any information obtained will be used for that purpose.
DR325 Page 3 of .3
ueHSnnns.i
Everhome'
MORTGAGE
United States Department of Housing and Urban Development
Servicemembers Civil Relief Act (SCRA) Notice
Legal Rights and Protections Under the SCRA
Servicemembers on "active duty" or "active service," or a spouse or
dependent of such a servicemember may be entitled to certain legal
protections and debt relief pursuant to the Servicemembers Civil Relief Act
(50 USC App. 501- 597b).
Who May Be Entitled to Legal Protections Under the SCRA?
- Regular members of the U.S. Armed Forces (Army, Navy, Air Force, Marine
Corps and Coast Guard).
- Reserve and National Guard personnel who have been activated and are on
Federal active duty.
- National Guard personnel under call or order to active duty for more than
30 consecutive days under section 502(f) of title 32, United States Code,
for purposes of responding to a national emergency declared by the
President and supported by Federal funds.
- Active service members of the commissioned corps of the Public Health
Service and the National oceanic and Atmospheric Administration.
- Certain United States citizens serving with the armed forces of a nation
with which the United States is allied in the prosecution of war or
military action.
What Legal Protections Are Servicemembers Entitled To Under the SCRA?
- The SCRA states that a debt incurred by a servicemember, or a
servicemember and spouse jointly, prior to entering the military service
shall not bear interest at a rate above 6% during the period of military
service and one year thereafter, in the case of an obligation or liability
consisting of a mortgage, trust deed, or other security in the nature of a
mortgage, or during the period of military service in the case of any
other obligation or liability.
- The SCRA states that in a legal action to enforce a debt against real
estate that is filed during, or within 9 months after the servicemember's
military service, a court may stop the proceedings for a period of time,
or adjust the debt. in addition, the sale, foreclosure, or seizure of
real estate shall not be valid if it occurs during, or within 9 months
after the servicemember's military service unless the creditor has
obtained a valid court order approving the sale, foreclosure, or seizure
of the real estate.
- The SCRA contains many other protections besides those applicable to
home loans.
' IIEHSO005.1
E verhome
MORTGAGE
Now Does A servicemember or Dependent Request Relief Under the SCRA?
In order to request relief under the SCRA from loans with interest rates
above 6%, a servicemember or spouse must provide a written request to the
i lender, together with a copy of the servicemember's military orders.
Everhome Mortgage, 301 W. Bay Street, Jacksonville, FL 32202. Phone:
1 -800- 669 -7724.
- There is no requirement under the SCRA, however, for a servicemember to
provide a written notice or a copy of a servicemember's military orders to
the lender in connection with a foreclosure or other debt enforcement
action against real estate. Under these circumstances, lenders should
inquire about the military status of a person by searching the Department
of Defense's Defense Manpower Data Center's website, contacting the
servicemember, and examining their files for indicia of military service.
Although there is no requirement for servicemembers to alert the lender of
their status in these situations, it is still a good idea for the
servicemember to do so.
How Does a Servicemember or Dependent Obtain information About the SCRA?
Servicemembers and dependents with questions about the SCRA should contact
their unit's Judge Advocate, or their installation's Legal Assistance
Officer. A military legal assistance office locator for all branches of
the Armed Forces is available at:
http : / /leaalassistance.law.af.mil /content /locator /php
"Military OneSource" is the U.S. Department of Defense's information
resource. If you are listed as entitled to legal protections under the
SCRA (see above), please go to: www.militaryonesource.com /scra
or call 1(800)342 -9647 (toll free from the United States) to find out more
information. Dialing instructions for areas outside the United States are
provided on the website.
SCRA Insert
11EHS000i.1
• CO
■ Complete items 1.2. and 3. Also complete A_ Signature
item 4 if Restricted Delivery is desired.
0 Print your name and address on the reverse X O A"
so that we Can return the Card to you. 0 Addressee
tach this card to the back of the mailpieee, S. Received by (Printed Mum) . C. Date of Derma
n the font if space permits. ry '
i e Addressed to D. Is delivery address different from item 1? ❑ Yes
H YES, enter delivery address belo
LA ZRELIAK
5 MOUNTAIN VIEW RD
M ECHANICSBURG PA 17050 j
3. Service lype
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C3 Registered O Retum Receipt for Merafiandrse
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4. Restricted Delivery? (Extra Fee) 13 yes
. 2. ArtiGe Number
t MmWerrromse►vice -- 7012 2210 0000 4995 5869
PS Form 3811 February —
Doroestte Return Receipt
102 595- 02•M•1540 , t
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VERIFICATION
The undersigned, an officer of the Corporation which is the Plaintiff in the
foregoing Complaint or an officer of the Corporation which is the servicing agent of
Plaintiff, and being authorized to make this verification on behalf of PIaintiff, hereby
verifies that the facts set forth in the foregoing Complaint are taken from records
maintained by persons supervised by the undersigned who maintain the business records
of the Property held by Plaintiff in the ordinary course of business andthat those facts are
true and correct to the best of the knowledge, information and belief of the undersigned.
I.
I
I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO
THE PENALTIES OF 18 PA.C.S SECTION 4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
DATE: �(-I
NAME: a en an y
TITLE: Assistant Vice President
COMPANY: tve,r Pc.•.�
S & D FILE NO: 13- 043097
Paula M Zreliak
I
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, `.4
PENNSYLVANIA --i
Plaintiff(s) 1 TJj w
vs Oiv i tTery =�
Defendant(s) Civil
cn
y
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action,
you may be able to participate in a court - supervised conciliation conference in an effort to resolve this
matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a
conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact
MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and
request appointment of a legal representative at no charge to you. Once you have been appointed a legal
representative, you must promptly meet with that legal representative within twenty (20) days of the
appointment date. During that meeting, you must provide the legal representative with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
legal representative complete a financial worksheet in the format attached hereto, the legal representative
will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the
Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a
conciliation conference is scheduled, you will have an opportunity to meet with a representative of your
lender in an attempt to work out reasonable arrangements with your lender before the mortgage
foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for
the appointment of a legal representative. However, you must provide your lawyer with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60)
days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to
work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds
forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND
TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
D
Date [Si ture of Co el for Plaintiff)
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances
to determine possible options while working with your
Please provide the following information to the best of your knowledge:
CU • APPLICA
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing Date: Price:$
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household How Long?
C O-BOR R OWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household How Long?
FIN ANCIAL •' •
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 & 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
Assets Amount Owed Value
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model: Year:
Amount Owed: Value:
Automobile #2: Model: Year:
Amount Owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount Owed: Value:
Monthly Income:
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Ex Tenses: (Please only include expenses you are currently a in
EXPENSE AMOUNT EXPENSE AMOUNT
Mortage 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 Su port/Alim. Spending Money
Day /Child Care /Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
2
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to
resolve your delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTH ORIZATIO N
I /We, , authorize the above named
to use /refer this information to my lender /servicer for the sole purpose of
evaluating m financial situation for possible mortgage options. I /We understand that I /We
am/are under no obligation to use the services provided by the above named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
Proof of income
Past 2 bank statements
Proof of any expected income for the last 45 days
Copy of a current utility bill
Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
Listing agreement (if property is currently on the market)
FORM 1.
IN THE COURT OF COMMON PLEAS OF
EverBank CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff(s)
VS.
Paula M Zreliak
4125 Mountain View Road
Mechanicsburg, PA 17050
DEFENDANT
Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action,
you may be able to participate in a court- supervised conciliation conference in an effort to resolve this
matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a
conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact
MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and
request appointment of a legal representative at no charge to you. Once you have been appointed a legal
representative, you must promptly meet with that legal representative within twenty (20) days of the
appointment date. During that meeting, you must provide the legal representative with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
legal representative complete a financial worksheet in the format attached hereto, the legal representative
will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the
Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a
conciliation conference is scheduled, you will have an opportunity to meet with a representative of your
lender in an attempt to work out reasonable arrangements with your lender before the mortgage
foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for
the appointment of a legal representative. However, you must provide your lawyer with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60)
days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to
work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds
forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND
TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
r '
Respectfully submitted:
SHAPIRO & DeNARDO,, LLC
Date Attorneys for Plaintiff
' FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date r
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge:
CUST
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing Date: Price:$
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household How Long?
C
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household How Long?
FIN ANCIAL •' •
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 & Insurance:
Date of Last Payment:
Primga Reason for Default:
Is the Loan in Bankruptcy? Yes ❑ No ❑
If yes, provide names, location of court, case number & attorney
Assets Amount Owed Value
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model: Year:
Amount Owed: Value:
Automobile #2: Model: Year:
Amount Owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount Owed: Value:
Monthly Income:
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortage Food
2 Mortgage Utilities
Car Payments Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel /repairs Other rop. Payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Day /Child Care /Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
2
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes 0 No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company
to resolve your delinquency?
Yes 0 No 0
If yes, please indicate the status of those negotiations:
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTH ORIZATIO N
I /We, , authorize the above
named to use /refer this information to my lender /servicer for the sole
purpose of evaluating m financial situation for possible mortgage options. I /We
understand that I/We am/are under no obligation to use the services provided by the
above named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this document along with the following information to lender and
lender's counsel:
Proof of income
Past 2 bank statements
Proof of any expected income for the last 45 days
Copy of a current utility bill
Letter explaining reason for delinquency and any supporting
documentation
(hardship letter)
Listing agreement (if property is currently on the market)
FORM 3
IN THE COURT OF COMMON PLEAS OF
EverBank CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
VS.
Paula M Zreliak
4125 Mountain View Road
Mechanicsburg, PA 17050
DEFENDANT
Defendant(s) Civil
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated , 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies
as follows:
1. Defendant is the owner of the real property which is the subject of this
mortgage foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure
Diversion Program" and has taken all of the steps required in that Notice to be
eligible to participate in a court- supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
Signature of Defendant's Counsel /Appointed Date
Legal Representative
Signature of Defendant Date
Signature of Defendant Date
FORM 4
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
Defendant(s) Civil
CASE MANAGEMENT ORDER
AND NOW, this day of , 20 , the defendant/borrower in the
above - captioned residential mortgage foreclosure action having filed a Request for Conciliation
Conference verifying that the defendant/borrower has complied with the Administrative Rule
requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND
DECREED that:
1. The parties and their counsel are directed to participate in a court- supervised
conciliation Conference on at M. in
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the plaintiff /lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
Court of the defendantiborrower's failure to serve the completed Form 2 within the time
frame set forth herein or such other date as agreed upon by the parties in writing or
ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceedings shall be terminated.
3. The defendant /borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff /lender must
either attend the Conciliation Conference in person or be available by telephone during
the course of the Conciliation Conference. The representative of the plaintiff /lender
who participates in the Conciliation Conference must possess the actual authority to
reach a mutually acceptable resolution, and counsel for the plaintiff /lender must
discuss resolution proposals with the authorized representative in advance of the
Conciliation Conference. If the duly authorized representative of the plaintiff /lender is
not available by telephone. during the Conciliation Conference, the Court will schedule
another Conciliation Conference and require the personal attendance of the authorized
representative of the plaintiff /lender at the rescheduled Conciliation Conference.
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT
J.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson , r+
Sheriff Y,; rHE Pi JTHO H O U',
axxaxx�b� f
Jody S Smith � �
Chief Deputy -JUN — ( ,
Richard W Stewart CUMB [iLAQ !✓O(,JW`f''
Solicitor OM,C C�' TAE SRER[F=
P EMSYL`lANlA
EverBank
vs.
Case Number
Paula M Zreliak 2013-2790
SHERIFF'S RETURN OF SERVICE
06/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick.
The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion
Program and Complaint in Mortgage Foreclosure as"Not Found"at 4125 Mountain View Road, Hampden
Township, Mechanicsburg, PA 17050. Residence is vacant.
06/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and.inquiry
for the within named Defendant to wit: Paula M Zreliak, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 4125 Mountain View Road,
Hampden Township, Mechanicsburg, PA 17050. Residence is vacant, per the Mechanicsburg
Postmaster mail is still delivered to the address provided.
SHERIFF COST: $59.30 SO ANSWERS,
June 04, 2013 RbNW R ANDERSON, SHERIFF
(c)Counly5uile Sheritf,Teleosoti.Inc,
SHAPIRO &DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 13-043 097
EverBank COURT OF COMMON PLEAS c r _
PLAINTIFF CIVIL DIVISION
CUMBERLAND COUNTY `� -'
VS. r�0 0:
NO: 13-2790 Civil Term a "' C'
Paula M Zreliak
DEFENDANT 4 =
CD
MOTION FOR SERVICE PURSUANT
TO COURT ORDER
Plaintiff, by its counsel, Shapiro & DeNardo, LLC moves this Honorable Court for an
Order pursuant to Pa. R.C.P. 3129.2(c)(1)(i)(C) and 430 permitting alternative service of the
Complaint and any other document or pleading requiring original process upon Defendant, Paula
M Zreliak, by sending a true and correct copy by simultaneous certified and regular mail; and by
posting a true and correct copy on the mortgaged property that is the subject of the above-
captioned mortgage foreclosure action; and in support thereof avers the following:
1. On May 17, 2013, Plaintiff filed its complaint in mortgage foreclosure against the
above-captioned Defendant for the property located at 4125 Mountain View Road,
Mechanicsburg, PA 17050 (hereinafter "Property").
2. Plaintiff forwarded the Complaint to the Cumberland County Sheriff in order to
effectuate personal service upon Defendant, Paula M Zreliak.
3. The Cumberland County Sheriff s attempts to serve Defendant, Paula M Zreliak,
with the Complaint have been unsuccessful, as reflected on the Sheriffs Return of Service,
attached hereto as Exhibit "A," and made a part hereof.
4. Pursuant to Pa. R.C.P. 430, Plaintiff has made good faith efforts to locate
Defendant, Paula M Zreliak. An Affidavit of Good Faith Investigation, which sets forth the
specific inquiries made and the results thereof, is attached hereto as Exhibit B" and made a part
hereof.
5. The Affidavit of Good Faith Investigation reflects that 4125 Mountain View
Road, Mechanicsburg, PA 17050 is a valid address for Defendant, Paula M Zreliak; See Ex.
«B
6. However, the Cumberland County Sheriff s Return of Service for such address
states otherwise. See Ex. "A."
7. A Request for Change of Address or Boxholder, pursuant to 36 C.F.R.
265.6(d)(6)(ii), completed and certified by the Mechanicsburg Pennsylvania Postmaster reflects
the following: "Good as address/No change of address order on file." A true and correct copy
thereof is attached hereto as Exhibit "C"and made a part hereof.
' S
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order
allowing Plaintiff to serve the Complaint and any other document or pleading requiring original
process on Defendant, Paula M Zreliak, by (1) sending a true and correct copy thereof by
simultaneous certified and regular mail to the last known address located at 4125 Mountain View
Road, Mechanicsburg, PA 17050; and (2) posting a true and correct copy thereof on the
mortgaged property located at 4125 Mountain View Road, Mechanicsburg, PA 17050 by the
Sheriff or any competent adult.
SHAPIRO & DeNARDO, LLC
Date: ! ! BY: (I '� n' /
Atto&eys for P ain ' f
S&D: 13-043097
..... ..._ . .. .. .
X3-0 (4 3cf
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith °
Chief Deputy = ''
Richard W Stewart
Solicitor OFFICE vF rt-E
EverBank Case Number
v
Paula s.M Zreliak 2013-2790
SHERIFF'S RETURN OF SERVICE
06/04/2013 Ronny R Anderson, Sheriff,being duly sworn according to law,states he made diligent search and inquiry
for the within named Defendant to wit: Occupant,but was unable to locate the Defendant in his bailiwick.
The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion
Program and Complaint in Mortgage Foreclosure as"Not Found"at 4125 Mountain View Road,Hampden
Township, Mechanicsburg, PA 17050. Residence is vacant.
06/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry
for the within named Defendant to wit: Paula M Zreliak, but was unable to locate the Defendant in his
bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 4125 Mountain View Road,
Hampden Township,Mechanicsburg, PA 17050. Residence is vacant, per the Mechanicsburg_
Postmaster mail is still delivered to the address provided.
SHERIFF COST: $59.30 SO ANSWERS,
June 04,2013 kbNNrY R ANDERSON,SHERIFF
tc)Coun[. Su.(o Snonfl,TaeoscR tic
Confidential Plaintiff: EverBank
Investigative County: Cumberland
Services, Inc. VS.
Term#: 13-27960 Civil Term
Defendant: Paula M.Zreliak
Locate: Paula M.Zreliak
Address Given: 4125 Mountain View Road,
ATTENTION: Tiffany Donnell Mechanicsburg,PA 17050
Shapiro&DeNardo, LLC
3600 Horizon Drive,Suite 150
King of Prussia,PA 19406
File#: 13-043097
AFFIDAVIT OF GOOD FAITH INVESTIGATION
LAST KNOWN ADDRESS
4125 Mountain View Road, Mechanicsburg, PA 17050
INQUIRY OF THE CREDIT BUREAU
The credit bureau reports that the most recent address of the subject is 4125 Mountain View Road,
Mechanicsburg, PA 17050.
INQUIRY OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
The Pennsylvania Department of Transportation reports that operator license number
issued to Paula Marie Zreliak of 4125 Mountain View Rd., Mechanicsburg, PA 17050. The license is
current and not due to expire until June 1, 2014.
INQUIRY OF U.S. POST OFFICE (FOIA)
A request has been forwarded to the United States Post Office.
SEARCH OF LOCAL TELEPHONE DIRECTORIES & PHONE COMPANY OPERATOR CONTACT
The telephone company operator reports non-published number issued to Paula M.Zreliak at 4125
Mountain View Road, Mechanicsburg, PA 17050.
CONTACTS
No neighbors could be contacted to confirm the subject's residency.
1 CERTIFY UNDER PENALTY OF PERJURY,THAT THE FOREGOING IS TRUE AND CORRECT,TO THE BEST OF MY KNOWLEDGE. 1
UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
AFFIANT: ��
DIANE COWAN,CLI
235 South 13th Street SW N&SUBSCRIBED BEFORE ME THIS
Philadelphia,PA 19107 OF 2013
NO MOMWEALT OF PENNSYLVANIA
NOTARIAL SEAL .
ERICA ROBERTSON,Notary Public
City of Philudel$hla;Phila.County
[My A®rtirPriEaah 8#o irirta B ''
a
8/12(13 Report Results-This Form Produced by Equifax) User Reference:OMrz
Inqul!y Information:
Date of Inquiry: 06/12/2013
UserID: DIANE
Subject Information: Name: zreliak, paula
SSN: ----
Current Address: 4125 mountain view RD
mechanicsburg, PA 17050
Report Results
SSN AFFIRM - INQUIRY SSN ASSOCIATED WITH CONSUMER
* ADDRESS DISCREPANCY - NO SUBSTANTIAL DIFFERENCE OCCURRED
* 199 EQUIFAX INFORMATION SERVICES LLC, P O BOX 740241,
,ATLANTA,GA,30374-0241,800/685-1111,WWW.EQUIFAX.COM/FCRA
*2RELIAK,PAULA,M SINCE 12/28/87 FAD 05/16/13 FN-977
4125,MOUNTAIN VIEW,RD,MECHANICSBURG,PA,17050,TAPE RPTD 09/11,TAPE DLR 06/11/20
13
141,LANCASTER,BLVD$MECHANICSBURG, PA,17055,TAPE RPTD 12/10,TAPE DLR 12/14/2012
640,GENEVA,DR APT 8,MECHANICSBURG,PA, 17055,TAPE RPTD 12/10,TAPE DLR 02/20/2012
BDS
01 ES-NURSE,MINERVA PARK
02 EF-RN,OBRIEN MEM HEALTH,MASURY,OH&
END OF REPORT EQUIFAX AND AFFILIATES - 06/12/13
htWAMW eport,egdfaxconVedaU9etResDonse.htm
PLNNSYLVANIA DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
BASIC DRIVER INFORMATION
JUN 13 2013
DRIVER: PAULA MARIE ZRELIAK DRIVER LICENSE NO
4125 MOUNTAIN VIEW RD DATE OF BIRTH 1
MECHANICSBURG, PA 17050 SEX : FEMALE
RECORD TYPE : REG LICENSE
DRIVER LICENSE (DL) - COMMERCIAL DRIVER LICENSE (CDL)
---- --- -- --- -- - - - - ---- - - - -- - - - -- -- -- -
LICENSE CLASS : C CDL LICENSE CLASS ;
LICENSE ISSUE DATE: JAN 19 2011 CDL LICENSE ISSUED
LICENSE EXPIRES : JUN 01 2014 CDL LICENSE EXPIRES:
CDL ENDORSEMENTS : NONE
MED RESTRICTIONS : NONE CDL RESTRICTIONS : NONE
LEARNER PERMITS CDL LEARNER PERMITS:
LICENSE STATUS CDL LICENSE STATUS
SB ENDORSEMENT :
PROBATIONARY LICENSE (PL)
PL LICENSE CLASS
PL LICENSE ORIG ISS
PL LICENSE ISSUED ;
PL- LICENSE EXPIRES
PL LICENSE STATUS
OCCUPATIONAL LIMITED LICENSE (OLL)
OLL LICENSE CLASS
OLL LICENSE ISSUED
OLL LICENSE EXPIRES
OLL LICENSE STATUS
*** END OF RECORD ***
6
Erin L Quimby
4137 Mountain View Rd'Mechanicsburg, PA 17050-7626
Home (
Paula M Zrellak
4125 Mountain View Rd Mechanicsburg, PA 17050-7626
. '
. '
360O Horizon Drive,Suite l50
King o[Prussia, P4ly406
April 26,1O}3
Postmaster
MECB8NlCSBlJRG,PA 17050
Request for Change o{Address mrl0orbolder
Information Needed for Service nf Legal Process
Please fumish the new address or name and street address(ifa bo.Xlrlolder)forthe following:
NNNM&ADDB�SS- Paub 'ivi Zce|iok
ADDRE,SS: 4\25 Mountain View Road
McobutiicsbVygi PA 17050
NOTE., The name and last km ndd are required for change oF address information. The name, ifknov,`.and post office box
address are required/nrooxxomar/nm,mu/mu.
The/o8uoin&information b provided it)accordance with J0CFR26I6kD(6)(ii). There/oxo fee for providing buxho|derinQannm/imx
The fee or providing change ofaddress information is*aived in accordance with 39 CFR 265.6(d)(1)and(2)and corresponding
Administrative Support k4unuo\352.44o and b.
). Capacity u[Requester(c.A.process server,attorney,pxrt),representing himud0:ATTORNEY.
1' Statute mr regulation that empowers,mcm serve process(octnquind when requester ison attorney orm party aoinA pro se'
except o corporation acting pro se must cite a|u|n\e(s): N/A
l The names n[u|>known parties(uU/iSlhig-odou:
0rcrbook vs. Paula&1Zo!iuk
^L The court it)which thecase has been or wit I be licard:The Court of Common Pleas ofCUMBERLAND County
5' The docket or other idemi[y|og,number i[onr has been issued:Pending
6. The capacity in which this individual ismbc served(o.g.dehmdoo/or`;ihnmes):DEFENDANT
WARNI[NIQ
THEsummissioN, OF FALSE INFORMMAON'ro OBTAIN AND USECHANGE OFADDRESS INFORMATION OR DOXHOLDUR fiNFORNIATION FOR
AN"Y PURPOSE OTHERTHANTHESERVICE OFLt-.0AL PROCESS IN CONNrCTION WITH ACTUAL OR PROSPECTIVE LITIGATIONt CoULD|oSoLT
IN11CRIMINAL PENALTIES INCLUDING x FINE OFurnJ$)0,000 Oft/MpmSowwovTVn(2)mJ AVOID K^YweNTorTnF FEE.FOR CHANGE or
ADDRESS INFORMATION o+w0rrNOuETxAwj YEARS,Vn BOTH(TITLE 18 uo.C§1001).
|unnifyuw/8=^hvvL iofeinnmioois true and that the oduoo»/nrommti=ix.`eoow]and will ovu,"u solely mr,,rv/ccon*p|process//`cv"n"c0*n with actual or
Nk�bvo
xnDKCJu:5hani� �«
&�uH� U-C
Signature ~ \ - »m0 Horizon Drive,Suite 1nV
SammumNmmuU» Kio:nr Prussia.ra|moo
uxgatxssistau S&o File Number: 13-0w3097
FOR 9[)STOFFICE USE ONLY
@�\
Good As4ddrrsxed/No change o[nddmsa order oofile. NEW ADDRESS ur BOX HOLDERS, POSTMARK
l�o/kuuwnm�mddnos-ivco NAK1£and STKB2TADDRESS
__- _
Kdu*cd.left oo0un,and{ngaddress
Yfo such address
A �
�
lal & Ce" �-��R 0
EverBank
vs.
Paula M Zreliak
VERIFICATION
Caitlin Donnelly, Esquire, hereby states that she is the Attorney for the Plaintiff in
this action, that she is authorized to make this Verification, and that the statements made
in the foregoing MOTION FOR SERVICE OF THE COMPLAINT IN MORTGAGE
FORECLOSURE PURSUANT TO COURT ORDER are true and correct to the best of
her knowledge, information and belief.
The undersigned understands that this statement herein is made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
SHAPIRO & DeNARDO, LLC
Date: _, (� BY:
Atto e s for P aintiff
S&D: 13-043097
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO,ESQUIRE, ATTORNEY I.D. No. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA,PA 19406
TELEPHONE: (610)278-6800
S &D FILE NO. 13-043097
EverBank COURT OF COMMON PLEAS
PLAINTIFF CIVIL DIVISION
CUMBERLAND COUNTY
VS.
NO: 13-2790 Civil Term
Paula M Zreliak
DEFENDANT
MEMORANDUM OF LAW
Pennsylvania Rule of Civil Procedure 430(a) specifically provides:
(a) If service cannot be made under the applicable rule the
Plaintiff may move the Court for a special Order directing
the method of service. The Motion shall be accompanied
by an Affidavit stating the nature and extent of the
investigation which has been made to determine the
whereabouts of the Defendant and the reasons why service
cannot be made.
Note
A Sheriffs Return of"Not Found" or the fact that a
Defendant has moved without leaving a new forwarding
address is insufficient evidence of concealment. Gonzales
vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice
of intended adoption mailed to last known address requires
a "good faith effort" to discover the correct address.
Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976).
An illustration of a good faith effort to locate the Defendant
includes (1) inquiries of postal authorities including
inquiries pursuant to the Freedom of Information Act, 39
C.F.R. Part 265, (2) inquiries of relatives, neighbors,
friends and employers of the Defendant and(3)
examinations of local telephone directories, voter
registration records, local tax records, and motor vehicle
records.
As reflected on the attached Sheriff's Return of Service, the Cumberland County
Sheriff s attempts to serve Defendant, Paula M Zreliak, with the Complaint have been
unsuccessful. See Ex. "A."
Good faith efforts to discover the whereabouts of Defendant, Paula M Zreliak,
have been made, as evidenced by the numerous inquiries set forth in the attached
Affidavit of Good Faith Investigation, See Ex. "B." The Affidavit of Good Faith
Investigation reflects that 4125 Mountain View Road, Mechanicsburg, PA 17050 is a
valid address. See Ex. "B." However, the Sheriff's Return of Service for that address
states otherwise. As reflected in the Affidavit of Good Faith Investigation, inquiries have
been made to the following persons and entities:
1. Defendant's creditors;
2. Directory Assistance;
3. Defendant's neighbors;
4. United States Postal Service;
5. Pennsylvania Department of Transportation, Driver and Vehicle Services;
and
6. Pennsylvania State Vital Records Office. See Ex. "B."
Inquiries have also been made to public record databases on the Internet, the
County voter registration records, and the County tax assessment records. See Id.
Despite all of the foregoing inquiries, Plaintiff has not been able to determine Defendant,
Paula M Zreliak's present location. Based on the foregoing, it is more likely than not that
Defendant, Paula M Zreliak is avoiding and/or evading personal service of the
Complaint.
Plaintiff respectfully requests this Honorable Court enter an Order allowing
Plaintiff to serve the Complaint and any other document or pleading requiring original
process on Defendant, Paula M Zreliak, by (1) sending true and correct copies thereof by
simultaneous certified and regular mail to the last known address located at 4125
Mountain View Road, Mechanicsburg, PA 17050; and(2) posting a true and correct copy
thereof on the mortgaged property located at 4125 Mountain View Road, Mechanicsburg,
PA 17050 by the Sheriff or any competent adult.
SHAPIRO & DeNARDO, LLC
Date: BY: 0 A
Attorn s for Plamtif
rl,
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D.NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 13-043097
EverBank COURT OF COMMON PLEAS
PLAINTIFF CIVIL DIVISION
CUMBERLAND COUNTY
VS. '
NO: 13-2790 Civil Term
Paula M Zreliak
DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the Motion for
Service Pursuant to Court Order, Verification, Memorandum of Law, and proposed Order
on —1 [-Zj to all parties named herein at their last known address or upon
their attorney of record as below listed by regular mail, postage prepaid:
Paula M Zreliak, 4125 Mountain View Road, Mechanicsburg, PA 17050
SHAPIRO & DeNARDO, LLC
Date: �1 t (�1 BY: A��
Atto s for Plai iff
+ c
LT; --i
rry w c_ �r::
SHAPIRO & DeNARDO, LLC rte-- r
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO 78447 -mac
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D.NO. 310530 = '
3600 HORIZON DRIVE, SUITE 150 ?
KING OF PRUSSIA, PA 19406 --_
TELEPHONE: (610)278-6800
S & D FILE NO. 13-043097
EverBank COURT OF COMMON PLEAS
PLAINTIFF CIVIL DIVISION
CUMBERLAND COUNTY
VS.
NO: 13-2790 Civil Term
Paula M Zreliak
DEFENDANT
ORDER
AND NOW,this 8} day of q...4, , 2003 , upon consideration of
Plaintiffs Motion for Service Pursuant to Court Order, Affidavit of Good Faith Investigation and
Memorandum of Law is support thereof, and any response thereto, it is hereby
ORDERED AND DECREED that Plaintiff may serve the Complaint and any other
document or pleading requiring original process on Defendant, Paula M Zreliak, by(1) sending
true and correct copies thereof by simultaneous certified and regular mail to the last known
address located at 4125 Mountain View Road, Mechanicsburg, PA 17050; and (2) posting a true
and correct copy thereof on the mortgaged property located at 4125 Mountain View Road,
Mechanicsburg, PA 17050 by the Sheriff or any competent adult.
Service of the aforementioned mailings is effective upon the date of mailing and is to be
effectuated by Plaintiffs attorney, who will file with the Prothonotary's Office a Certificate of
Service as to such mailings
BY THE COURT:
J.
Coy IrtA.t.tscL
Mkt c. 0•A I
7/S/!3
SHAPIRO &DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S &D FILE NO. 13-043097
EverBank COURT OF COMMON PLEAS
PLAINTIFF CIVIL DIVISION
CUMBERLAND COUNTY
VS.
NO: 13-2790 Civil Term
Paula M Zreliak
DEFENDANT t.,
PRAECIPE FOR REINSTATEMENT
C
TO THE PROTHONOTARY:
-< cxs CD
Kindly reinstate the Complaint in the above-captioned matter. c1-;
SHAPIRO & DeNARDO, LLC
Date: `111-7i(z BY:
Attorneys for PGIff
C L /yol0,10e
d
r•
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO 310530 mw
3600 HORIZON DRIVE, SUITE 150 (--.-
KING OF PRUSSIA, PA 19406 .-- `^�
TELEPHONE: (610)278-6800 5 _ -
S &D FILE NO. 13-043097 r—-'-
EverBank COURT OF COMMON PLEAS
PLAINTIFF CIVIL DIVISION >- ••
CUMBERLAND COUNTY
VS.
NO: 13-2790 Civil Term
Paula M Zreliak
DEFENDANT
AFFIDAVIT OF SERVICE
I, Tiffany Donnell,/the undersigned, being duly sworn according to law, hereby depose
and say that on the �`��it, day of \ , 2013,pursuant to the attached
Order of Court, attached as Exhibit "A", I served a true and correct copy of the Complaint in
Mortgage Foreclosure in the above captioned matter to the Defendant by certified and regular
mail, to their last known address of:
Paula M Zreliak, 4125 Mountain View Road, Mechanicsburg, PA 17050
SHAPIRO & DeNARDO, LLC
BY: 1 $�&/Ia I / I I
Tiffany Donnell
Legal Assistant to Attorney for Plaintiff
SWORN AND SUBSCRIBED
Before me this '(day of 3-0-1k1
20 (
.)
Notlic
S FILE NO. 13-043097
COMMONWEALTH OF PENNSYLVANIA
Notarial Sea'
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Upper Merin Twy. '4fft, Y WAY
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ;I E 7 4. [Y
Sheriff
Jody S Smith
Chief Deputy 7013 JUL 26 01 10: 0 I
Richard W Stewart
Solicitor 0"yICEC'f TI'E f.cr3t r C:i..9�BERLA�t@ CGU M'Y
PD4NSYLVANIA
EverBank Case Number
vs. -
Paula M Zreliak 2013-2790
SHERIFF'S RETURN OF SERVICE
07/22/2013 09:08 PM -Deputy Jamie DiMartle, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing
a true copy to a person representing themselves to be Wayne Sowers, Roommate,who accepted as
"Adult Person in Charge"for Paula M Zreliak at 4125 Mountain View Road, Hampden Township,
Mechanicsburg, PA 17050.
A IE DIMAR LE, D PUTY
L
SHERIFF COST: $39.30 SO ANSWERS,
July 24, 2013 RONNY R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft,Inc.
SHAPIRO &DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO.,Z8)4Fr' 9G
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 '`,"j,W I' c..
KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 -j P jBLRLAN1D COUNTY
3600 HORIZON DRIVE, SUITE 150 � EN tSYi~Ypai"11A
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 13-043097
EverBank i COURT OF COMMON PLEAS
PLAINTIFF CIVIL DIVISION
VS. CUMBERLAND COUNTY
Paula M Zreliak
DEFENDANT NO:13-2790 Civil Term
PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER
AND ASSESSMENT OF DAMAGES
Enter Judgment IN REM in the amount of $148,234.77 in favor of the Plaintiff and
against the Defendant, for failure to file an answer to Plaintiffs Complaint in Mortgage
Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and
calculated as stated in the Complaint:
Principal of Mortgage Debt Due and Unpaid $136,504.85
Interest Accrued $6,469.71
Late Charges $374.54
Escrow Advances $3,045.17
Property Inspection $160.00
Attorney Fees & Costs of Foreclosure $1,680.50
TOTAL $148,234.77
BY:
Attorne for Plaintiff
AND NOW,judgment is entered in favor of the Plaintiff an gains e e ant and
damages are assessed as above in the sum of$148,234.77.
P Y
13-043097
C,k �a Ll
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 13-043097
EverBank COURT OF COMMON PLEAS
301 W. Bay Street CUMBERLAND COUNTY
Jacksonville, FL 32202
PLAINTIFF 13-2790 Civil Term
VS.
Paula M Zreliak
DEFENDANT(S)
STATE OF: Pennsylvania
COUNTY OF: Montgomery_
AFFIDAVIT OF NON-MILITARY SERVICE
THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen
years and competent to make this affidavit and the following averments are based upon
information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that
the above captioned Defendants last known address is as set forth in the caption and they are not
to the best of our knowledge, information or belief, in the Military or Naval Service of the
United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of
1940, as amended,
SHAPIRO &DeNARDO, LLC
Date: BY:
Attorneys for Plaintiff
Sworn to and subscribed
before me this �'so day
0 11 2013.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seat
SZttj P blic
Upper L.Semetti,NOWY
County
MontgoMaly CDUntV
upper merion Tvvp., 01
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My camnxvon
OfAot:02's
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 13-043097
EverBank COURT OF COMMON PLEAS
PLAINTIFF CIVIL DIVISION
VS.
CUMBERLAND COUNTY
'
NO: 13-2790 Civil Term
Paula M Zreliak
DEFENDANT
CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1
The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for
the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of
record, if any, after the default occurred and at least (10) days prior to the date of the filing of the
Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto,
August 13, 2013 to the following Defendants:
Paula M Zreliak, 4125 Mountain View Road, Mechanicsburg, PA 17050
!Tifany Donnell, Legal Assistant
to Christopher A. DeNardo, Esquire for
Shapiro & DeNardo, LLC
SHAPIRO& DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE,ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE,ATTORNEY I.D. NO. 311403
KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO, 310530
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S&D FILE NO. 13-043097
EverBank COURT OF COMMON PLEAS
PLAINTIFF CIVIL DIVISION
VS. CUMBERLAND COUNTY
NO: 13-2790 Civil Term
Paula M Zreliak
DEFENDANT
NOTICE OF INTENTION TO TAKE DEFAULT
UNDER Pa.R.C.P. 237.1
IMPORTANT NOTICE
TO: Paula M Zreliak
DATE OF NOTICE: August 13,2013
You are in default because you have failed to enter a written appearance personally or by attorney
and rile in writing with the court your defenses or objections to the claims set forth against you. Unless you
act within ten(10)days from the date of this notice,a Judgment maybe 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 or cannot afford one,go to or telephone the following office to find out
where you can get legal help:
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle,PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTIFICACION IMPOWTANTE
Usted se encuentra en estado de, relx1dia por no haber tornado ]a accion recl ui rida de su partc ell
este caso. A] no tomar la action debi,da dentro de un termino de diet(10) dias dc I-a fLcha de esta
notification, el tribulla podra, sin necesidad de compararccer Listed in torte 0 escuchar preuba
a1guna. dictar sentencia en su contra. Usted puede perder bicnes v otros dcrcQhos i.111portantes.
Debe Ilevar esia notificacion Ll Lill abogado
inlmcdiatnmcwc. Si ust.ect no ticlic al)ocado o si no
, , I
time dillero suticiente pant tal Scl-viciO. VaYa ell J)Crsolla 0 Manic por telefono a la o-ficina tuna
direction se ClICLIC1111'a eSCI-ila abajo Para averiguar d011Cle 15.Cj)LledC C011SCUlil' ISSitCliCia legal:
Cumberland COL111tyJAW-Vel' IZCfcl-l',1I Sel-\,,iee
Cumherland County Bar Association
32 South Bedfim-d Street
Carlisle, PA 17013
717-249-3 166
PURSUANT TO Tfl: FAIR DFBT COLLECTION PRACTICES ACT YOU AM-"
ADVISED THAT THIS IA\V 1f RNI IS DEEMED *ro 1311', A DEBT' COLLECTOR
ATTE.NILFrING 1-0 COLLECT DEBT. ANY fN,I"OR.'\IA*I'ION OBTAINS-11) WILL :1
USED FOR THAT PURPOSF-'.
RERSONS TO WHOM RU1,13' 237.1 NQjjCI-" Sl1NTI-0:
Paula N4 Zrollak. 4125 10ounialn View Road. Vlechanicsburii. PA 17050
SHAPIRO & DcNARDO, LLC
Date: BY:
Aito—xj�cys for lain ill'
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S &D FILE NO. 13-043097
EverBank COURT OF COMMON PLEAS
PLAINTIFF CIVIL DIVISION
VS. CUMBERLAND COUNTY
Paula M Zreliak
DEFENDANT NO:13-2790 Civil Term
CERTIFICATE OF SERVICE
1, Christopher A. DeNardo, Esquire, Attorney for the Plaintiff, hereby certify that I have
served by first class mail, postage prepaid, true and correct copies of the attached papers upon
the following person(s) or their attorney of record:
Paula M Zreliak, 4125 Mountain View Road, Mechanicsburg, PA 17050
Date Mailed:
SHAPIRO &DeNARDO, LLC
A
Date: a�j' BY:
Attorneys for Plaintiff
SHAPIRO &DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S &D FILE NO. 13-043097
EverBank COURT OF COMMON PLEAS
PLAINTIFF CIVIL DIVISION
VS. CUMBERLAND COUNTY
Paula M Zreliak
DEFENDANT NO:13-2790 Civil Term
CERTIFICATION OF ADDRESS
I hereby certify that the correct address of the judgment creditor(Plaintiff) is:
EverBank
c/o EverBank
301 W. Bay Street
Jacksonville, FL 32202
and that the last known address of the judgment debtor(Defendant) is:
Paula M Zreliak
4125 Mountain View Road
Mechanicsburg, PA 17050
SHAPIRO &DeNARDO, LLC
Date: �`��j - (�j BY:
Attorneys for Plaintiff
13-043097
r ,
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Clerk
Cumberland County Courthouse
1 Courthouse Square
David D. Buell Carlisle, PA 17013
Prothonotary
TO: Paula M Zreliak
4125 Mountain View Road
Mechanicsburg, PA 17050
EverBank COURT OF COMMON PLEAS
PLAINTIFF CIVIL DIVISION
Pau la M Zreliak CUMBERLAND COUNTY
Pau
DEFENDANT NO: 13-2790 Civil Term
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as in 'cate ow.
David D. Buell
Prothonotary w
[XX] Judgment by Default
[ ] Judgment for Possession
[ ] Judgment on Award of Arbitration
[ ] Judgment on Verdict
[ ] Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY CHRISTOPHER A. DENARDO, ESQUIRE AT (610)278-6800.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: () Confessed Judgment
() Other
EverBank File No.
PLAINTIFF Amount Due $148,234.77
Interest August 2, 2013 to Dec564er T ! .'
2013 is $2,221.00 _< r ,
vs. Atty's Comm .--c =t-
Costs ,
Paula M Zreliak
DEFENDANT(S)
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon
the following described property of the defendant(s)
See attached Legal Description
PRAECIPE FOR ATTACHEMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above,
directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s)as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date: g a '�'? Signature:
Print Name: Christopher A. DeNardo, Esquire
Address: 3600 Horizon Drive, Suite 150
King of Prussia, PA 19406
S6 a Attorney for: Plaintiff
(�,�►� sq. �G F Supreme Court ID #PA Ear#78447
34). 30
l U;, 7S
GhM 71-TJ
SHAPIRO &DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, �� � `� 26 10: i
ESQUIRE, ATTORNEY I.D. NO. 78447 c: rl F t �i 1
COUN '
CAITLIN M. DONNELLY, ESQUIRE,
ATTORNEY I.D. NO. 311403 S YLVA NIA
KASSIA FIALKOFF, ESQUIRE,
ATTORNEY I.D. NO. 310530
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S &D FILE NO. 13-043097
EverBank COURT OF COMMON PLEAS
PLAINTIFF CIVIL DIVISION
VS. CUMBERLAND COUNTY
Paula M Zreliak
DEFENDANT NO: 13-2790 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
EverBank, 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 located at 4125
Mountain View Road,Mechanicsburg, PA 17050.
1. Name and address of Owner(s) or Reputed Owner(s)
Paula M Zreliak
4125 Mountain View Road
Mechanicsburg, PA 17050
2. Name and address of Defendant in the judgment:
Paula M Zreliak
4125 Mountain View Road
Mechanicsburg, PA 17050
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
EverBank
301 W. Bay Street
Jacksonville, FL 32202
4. Name and address of the last recorded holder of every mortgage of record:
EverBank
301 W. Bay Street
Jacksonville, FL 32202
5. Name and address of every other person who has any record lien on the property:
PA Department of Revenue
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Cumberland County Domestic Relations
13 North Hanover Street
Carlisle, PA 17013
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
TENANT OR OCCUPANT
4125 Mountain View Road
Mechanicsburg, PA 17050
Mountainview Village, Inc.
5226 Meadowbrook Drive
Mechanicsburg, PA 17055
Mountain View Homeowners Association
c/o Kenneth Hammaker, President
1211 Musket Lane
Mechanicsburg, PA 17055
Wayne Sowers
4125 Mountain View Road
Mechanicsburg, PA 17050
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
SHI?� &D&NARDO, LLC
BY:
Christopher A. DeNardo, Esquire
13-043097
A
SHAPIRO &DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 ;
CAITLIN M. DONNELLY ESQUIRE ATTORNEY I.D. NO. 311403 = ' s
KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530
3600 HORIZON DRIVE, SUITE 150 r
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800 C� =�
S & D FILE NO. 13-043097 r
EverBank COURT OF COMMON PLEAS
PLAINTIFF CIVIL DIVISION
VS. CUMBERLAND COUNTY
Paula M Zreliak
DEFENDANT NO: 13-2790 Civil Terns
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Paula M Zreliak
4125 Mountain View Road
Mechanicsburg, PA 17050
Your house(real estate) at:
4125 Mountain View Road,Mechanicsburg, PA 17050
10-15-1285-167
is scheduled to be sold at Sheriffs Sale on December 4, 2013 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00AM to enforce the court judgment of$148,234.77 obtained by EverBank against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to EverBank the amount of the judgment plus
costs or the back payments, late charges, costs, and reasonable attorneys fees due. To
find out how much you must pay, you may call:(610)278-6800.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings.
4. You may need an attorney to assert your rights. The sooner you contact one, the more
chance you will have of stopping the sale. (See notice on page two of how to obtain an
attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
g
Y
Z
5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling(610)278-6800.
6. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened you may call 717-240-6390.
8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
9. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
10. You may be entitled to a share of the money, which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff no later than
thirty days after the Sheriff Sale. This schedule will state who will be receiving the
money. The money will be paid out in accordance with this schedule unless exceptions
(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10)
days after the date of filing of said schedule.
11. You may also have other rights and defenses or ways of getting your house back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
13-043097
•
ALL THAT CERTAIN lot or tract of land with the improvements erected thereon, situate in
Hampden Township, Cumberland County, Pennsylvania, as set forth on the Final Subdivision
Plan for Mountain View Village, Phases I and III, dated September 20, 1988, revised October 31,
1988 and recorded December 23, 1988 in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Plan Book 57, Page 14, more particularly bounded and
described as follows to wit:
BEGINNING at a point along the dividing line of lands now or formerly of Presbytery of
Carlisle and the hereindescribed Lot, said point being more specifically located the following
two (2) courses and distances from the southwest corner of the intersection of Orr's Bridge Road,
a sixty(60') foot public right-of-way, with Mountain View Road, a sixty(60') foot public-right-
of-way: 1.) South thirteen degrees fifty-nine minutes zero seconds West(S 13° 59'00"W) a
distance of one hundred sixty-five and one hundredth (165.01') feet; 2.)North seventy-five
degrees fifteen minutes zero seconds West(N 75°15'00" W) a distance of three hundred thirty-
seven and twenty-nine hundredths (337.29') feet to a point; thence along the dividing line of Lot
No. 16 and Lot No. 15 on the aforesaid plan on a course of North fourteen degrees forty-five
minutes zero seconds East(N 14° 45' 00' E) a distance of one hundred and zero hundredths
(100.00') feet to a point; thence on a course of South seventy-five degrees fifteen minutes zero
seconds East(S 75° 15' 00" E) a distance of thirty-five and eight hundredths (35.08') feet to a
point along the line of twenty-five(25') foot by one hundred, Sixty-five(165') foot access
easement set forth on the aforesaid plan; thence along the said line on a course of South fourteen
degrees forty-five minutes zero seconds West(S 14°45'00"W)a distance of one hundred and
zero hundredths (100.00') feet to a point along the aforesaid lands now or formerly of Presbytery
of Carlisle; thence along the aforesaid lands of Presbytery of Carlisle on a course of North
seventy-five degrees fifteen minutes zero seconds West (N 75° 15'00" W) a distance of thirty-
five and eight hundredths(35.08') feet to a point, the point and place of BEGINNING.
BEING Lot No. 16 on the aforesaid Final Subdivision Plan for Mountain View Village, Phases I
and III.
UNDER AND SUBJECT to certain restrictions and conditions as appear of record in the Office
of the Recorder of Deeds in and for Cumberland County. Pennsylvania in Miscellaneous Book
392,page 787. Miscellaneous 393, Page 557, and Miscellaneous Book 414, Page 1102.
ALSO UNDER AND SUBJECT to a sanitary and storm sewer easement extending along the
northerly boundary line of the property and a thirty(30') foot sanitary and storm sewer easement
extending along the southerly boundary line of the said property, as well as a twenty-five(25')
foot by one hundred sixty-five(165') foot access easement extending along the easterly line of
the herein described lot, all as more specifically set forth on the aforesaid plan.
ALSO UNDER AND SUBJECT,NEVERTHELESS, to easements, restrictions, reservations,
conditions and rights-of-way of record.
BEING the same premises which Matthew M. Souder and Shawna L. Dick,now by marriage,
Shawna Dick Souder, husband and wife,by Deed dated July 29, 2011 and recorded in the
Cumberland County Recorder of Deeds Office on August 4, 2011 as Deed Instrument
#201121750, granted and conveyed unto Paula M. Zreliak, adult individual.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 2013-2790 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due EVERBANK Plaintiff(s)
From PAULA M.ZRELIAK
(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
GARNISHEES)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: $148,234.77 L.L.: $.50
Interest FROM AUGUST 2,2013 TO DECEMBER 4,2013 IS$2,221.00
Atty's Comm: Due Prothy: $2.25
Atty Paid: $259.1.0 Other Costs:
Plaintiff Paid:
Date: August 26,2013
David D.Buell,Proth no
(Seal) By'
Deputy
REQUESTING PARTY:
Name: CHRISTOPHER A.DENARDO,ESQUIRE
Address: SHAPIRO&DENARDO,LLC
3600 HORIZON DRIVE,SUITE 150
KING OF PRUSSIA,PA 19406
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 78447
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff ?
t Cultic rr f j r � �t�
Jody S Smith "`
Chief Deputy r. fa�.�.� 17 AN '
Richard W Stewart `, CUMBERLAND C3 Y,
Solicitor op-cF - S'ERIFP PENNSYLVANIA
EverBank Case Number
vs.
2013-2790
Paula M Zreliak
SHERIFF'S RETURN OF SERVICE
09/30/2013 06:35 PM - Deputy Shawn Gutshall, 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 4125 Mountain View Road, Hampden -Township,
Mechanicsburg, PA 17050, Cumberland County.
09/30/2013 06:35 PM -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, upon the within named Defendant,to wit: Paula M
Zreliak, pursuant to Order of Court by"Posting"the premises located at 4125 Mountain View Road,
Hampden Township, Mechanicsburg, PA 17050, Cumberland County with a true and correct copy
according to law.
10/25/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $3,401.85 SO ANSWERS,
December 16, 2013 RONNY ANDERSON, SHERIFF
RS" . fe7.
- 1'/3i
p# ysr`:
CountySil fe Sf'E�it1,Tr;gfgnfi,Inc.
On August 29, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA,
Known and numbered as, 4125 Mountain View Road,
Mechanicsburg, as Exhibit "A" filed with this
writ and by this Reference incorporated herein.
Date: August 29, 2013
By:
Real Estate Coordinator
Sti
Vd t- Sint 17
•
LXII 41 CUMBERLAND LAW JOURNAL 10/11/13
Writ No.2013-2790 Civil Term fifteen minutes zero seconds West(N
75° 15'00" W) a distance of thirty-
EVERBANK five and eight hundredths (35.08')
vs. feet to a point, the point and place
of BEGINNING.
PAULA M.ZRELIAK
BEING Lot No.16 on the aforesaid
Atty.:Christopher DeNardo Final Subdivision Plan for Mountain
BEGINNING at a point along the View Village,Phases I and III.
dividing line of lands now or formerly UNDER AND SUBJECT to cer-
of Presbytery of Carlisle and the tain restrictions and conditions as
hereindescribed Lot,said point being appear of record in the Office of the
more specifically located the following Recorder of Deeds in and for Cum-
two (2) courses and distances from berland County. Pennsylvania in
the southwest corner of the inter- Miscellaneous Book 392, page 787.
section of Orr's Bridge Road,a sixty Miscellaneous 393, Page 557, and
(60') foot public right-of-way, with Miscellaneous Book 414,Page 1102.
Mountain View Road, a sixty (60') ALSO UNDER AND SUBJECT to
foot public-right-of-way: 1.) South a sanitary and storm sewer ease-
thirteen degrees fifty-nine minutes ment extending along the northerly
zero seconds West (S 13° 59' 00" boundary line of the property and a
W)a distance of one hundred sixty- thirty (30') foot sanitary and storm
five and one hundredth (165.01') sewer easement extending along the
feet; 2.) North seventy-five degrees southerly boundary line of the said
fifteen minutes zero seconds West property, as well as a twenty-five
(N 75°15'00"W) a distance of three (25') foot by one hundred sixty-five
hundred thirty-seven and twenty- (165')foot access easement extending
nine hundredths (337.29') feet to a along the easterly line of the herein
point;thence along the dividing line described lot,all as more specifically
of Lot No. 16 and Lot No. 15 on the set forth on the aforesaid plan.
aforesaid plan on a course of North ALSO UNDER AND SUBJECT,
fourteen degrees forty-five minutes NEVERTHELESS, to easements,
zero seconds East (N 14° 45' 00' restrictions,reservations,conditions
E) a distance of one hundred and and rights-of-way of record.
zero hundredths (100.00') feet to a BEING the same premises which
point; thence on a course of South Matthew M. Souder and Shawna L.
seventy-five degrees fifteen minutes Dick,now by marriage,Shawna Dick
zero seconds East(S 75° 15'00"E)a Souder,husband and wife,by Deed
distance of thirty-five and eight hun- dated July 29,2011 and recorded in
dredths(35.08')feet to a point along the Cumberland County Recorder
the line of twenty-five(25')foot by one of Deeds Office on August 4, 2011
hundred,Sixty-five(165')foot access as Deed Instrument #201121750,
easement set forth on the aforesaid granted and conveyed unto Paula M.
plan;thence along the said line on a Zreliak,adult individual.
course of South fourteen degrees for-
ty-five minutes zero seconds West(S
14°45'00"W)a distance of one hun-
dred and zero hundredths(100.00')
feet to a point along the aforesaid
lands now or formerly of Presbytery
of Carlisle;thence along the aforesaid
lands of Presbytery of Carlisle on a
course of North seventy-five degrees
138
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
: ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 11, October 18 and October 25, 2013
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
(-__A
r
/Asa Marie Coyn , Editor
SWORN TO AND SUBSCRIBED before me this
25 day of October 2013
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Notary
Ni)TARiAL SEAL
DEBORAH A COLLINS
Notary Public
OAR ISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,201-1
'The Patriot-News
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Suite.300
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Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is 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 board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book"M",Volume 14, Page 317.
PlAiLICATION COPY This ad ran on the date(s)shown below:
10/13/13
•
C/7/ - 10/20/13
10/27/13
Sw• t• a d subscribed before m- his 11 day of Nove ber, 2013 A.D.
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Holly
Lynn tntr r,.�f Neotary Public
Washingbr,Twp;Dauphin County
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xpires Dec.12,2016
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E'NP1:;1'!VANIA ASSOCIATION
OF NOTARIES
2013-2/110 ChM ter.
vs. a
iwuM c
Atty: C ph eDip
BEGINNING at a plant along the dividing
line of lands now or formerly of Presbytery
of Carlisle and the hereindescribed Lot,_said
point being more specifically located the
following two(2)courses and distances from
the southwest corner of the intersection of
Orr's Bridge Road,a sixty(60')foot public
rigin of-way,with Mountain View Road,a
sixty(60')foot public-right-of-way:1a South
thirteen degrees fifty-nine minutes"zero
seconds West(S 130.59'00"W)a distance
of one hundred sixty-five and one-htihdr`edth
:91'ieet;2.)North seventy-five degrees
Tifteen min tea zero seconds West lei °IS'
i t ' a distance of three hunched
and twenty-nine hundredths
feet to a point;thence along the dividing line
of Lot No.16 and Lot No.15 on thtakfa
plan on a course of North fourteedi "
foe BPS(N 140
45'CV E)a distance`of onehun ail ases
hundredths(10():06")feet to a point theme
on'a course M.South seventy-five dewed
ffiteen`m notes-Oro„second*East,+75°
15'00”E)a distance of-thirty-five and-eight
hundredths(35.08)feet to a point along the
floe of twenty-five(25')foot by one bundled,
Sixty-fire (165') foot access easement set
forth on the aforesaid plop;thence along
the said line on a course of South fourteen
degrees`11 1 liinutes/o 5 Were
(S 14°45'00"W)adistaapaed gee hundred
and zero hundredths(10001fl 4oa paint
along the aforesaid lands adw,e beak
of Pres sytery of Carlisle;tlteatx">ikaug rim'
aforesaid lands c h a. ar,
adiltancedt-
Subdue Plan gt , Vihitlatt
Ames uNDER.I asat }
- M
restrittions and a
record m the '' 4
Deeds in and of-a
Pennsylvania ffi Miseellau
page 787.Miscellaneous 393,Page
Miscellaneous Book 414,Page 1102.
ALSO UNDER AND SUWECP to d
sanitary and storm sewer easement extent mg
along the northerly boundary line of the
property and a thirty(30')foot sanitary and
storm sewer easement extending along the
southerly boundary line of the said property,
as well as a twenty-five(2,.)foot by one
hundredsiaty-five(165')footaccess easement
extending along the easterlyline of the herein
described lot,all as more specifcallyset forth
on the aforesaid plan.
ALSO UNDER .AND SUBJECT
Is EVERTHELESS,. to easements,
.,jestrictions, reservations, conditions .and
rights-of-way of record.
BEING the same premises which Matthew
M. Souder and Shawna L. Dick,now by
marriage, Shawna Dick Souder, husband
and wife, by Deed dated July 29; 2011
and recorded in the Cumberland County
Recorder of Deeds Office ea August 4,2011
as Deed Instrument #201121750, granted
and conveyed*eta,-Ruda M.Zseliak.adult
individvoi