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HomeMy WebLinkAbout13-3737 Supreme Court of Pennsylvania Cour Lof Com - 1 Pleas t r� • For Prothonotary Use Only: Civil }Cover Sheet Cumb00 N I F A I ) County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S 0 Complaint El Writ of Summons ❑ Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T U.S. Bank National Association, et al. Bryan E. Homer I ❑ Check here if you are a Self- Represented (.Pro Se) Litigant U Name of Plaintiff/Appellant's Attorney: 'Kristine M. Anthou N Are money damages requested?: ❑Yes 0 No q Dollar Amount Requested: El within arbitration limits A (Check one) —0_ outside arbitration limits Is this a Class Action Suit? ❑ Yes O No Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARYCASE. 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 ❑ Zoning Board S ❑ Product Liability (does not include El Statutory Appeal: Other E mass tort) El Employment Dispute: Slander/Libel/ Defamation Discrimination El ❑ C ❑ Other: Employment Dispute: Other T Judicial Appeals ❑ MDJ - Landlord/Tenant I ❑ Other: ❑ MDJ - Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N Tobacco Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste El Other: ❑Ejectment El Common Law /Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑X Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.CA 205.5 212010 °. s £'r r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSY_,VNNIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND,© c NO. , ��37 Plaintiff," vs. TYPE OF PLEADING BRYAN E. HOMER, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendant. FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association as TO DEFENDANT successor by merger of U.S. Bank You are hereby notified to plead to the ENCLOSED National Association ND COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF COUNSEL OF RECORD FOR THIS PARTY: ATTORNEY FOR PLAINTIFF Kristine M. Anthou, Esquire Pa. I.D. #77991 I HEREBY CERTIFY THAT THE ADDRESS . OF THE PLAINTIFF IS: 425 Walnut Street Cincinnati, OH 45202 GRENEN & BIRSIC, P.C. One Gateway Center AND ` h HE DEFENDANT IS: Ninth Floor 6184 Street New Cumberland, PA 17070 Pittsburgh, PA 15222 (412) 281 -7650 ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 618 4` Street. Borough of New Cumberlan (CITY, BORO, TOWNSHIP,WARD) ts ATTORNEY FOR PLAIN a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.. Plaintiff, vs. BRYAN E. HOMER, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249 -3166 or Toll Free (800) 990 -9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.. Plaintiff, VS. BRYAN E. HOMER, Defendant. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, which has its principal place of business at 425 Walnut Street, Cincinnati, OH 45202 and is authorized to do business in the Commonwealth of Pennsylvania: 2. The Defendant, Bryan E. Homer, is an individual whose last known address is 6184 1h Street, New Cumberland, Pennsylvania 17070. 3. On or about May 25, 2007, Defendant executed a Note in favor of Wilmington Finance Inc. in the original principal amount of $144,000.00. A true and correct copy of said Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about May 25, 2007, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Mortgage Electronic Registration Systems, Inc., as Nominee for of Wilmington Finance Inc. a Mortgage in the original principal amount of $144,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 26, 2007 in Mortgage Book Volume 1997, Page 1140. A true and correct copy of said Mortgage, containing a description of the premises subject to the Mortgage ( "Mortgaged Premises "), is marked Exhibit "B ", attached hereto and made a part hereof. 5. On or about November 2, 2012, Mortgage Electronic Registration Systems, Inc., as Nominee for Wilmington Finance Inc. assigned all of its right, title and interest in and to the Mortgage to Plaintiff pursuant to the terms of a certain Assignment of Mortgage, recorded in the office of the Recorder of Deeds of Cumberland County on November 8, 2012 at Instrument Number 201234588. A true and correct copy of said Assignment of Mortgage is marked as Exhibit "C ", attached hereto and made part hereof. 6. Defendant is the record and real owner of the aforesaid Mortgaged Premises. 7. Defendant is in default under the terms of the Mortgage for, inter alia, the failure to pay the monthly installments of principal and interest when due in accordance with the terms of the Note. Defendant is due for the January 1, 2012 payment. 8. On or about October 23, 2012, Defendant was mailed a Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 ( "Act 91 Notice ") in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 9. Plaintiff was not required to send Defendant a separate Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq., as a result of sending the Act 91 Notice. 10. The amount due and owing Plaintiff by Defendant as of April 1, 2013 is as follows: Principal $146,292.20 Interest to 4/1/13 $ 10,728.16 Late Charges $ 696.00 Escrow Deficiency $ 3,949.94 Corporate Advances $ 665.50 Attorney's fees $ 925.00 Foreclosure Costs $ 361.50 TOTAI. $163,618.30 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $163,618.30 with interest thereon at the rate of $22.04 per diem from April 1, 2013, and additional late charges, additional reasonable and actually .incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the Mortgaged Premises. GP.ENEN & BIRSIC, P.C. BY Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 -7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" NOTE RONKR Loan N AMOMINNOWA MIT1:300a73ti070S�1g3y3a MAY 25, 2007 'HARRISBURG PENNSYLVANIA (Date) [Cityj (State) 610 4TH STREET, NEW CUMBERLAND, PA 17070 (Property Address) L BORROWER'S PROMISE TO 'PAY In return for a loan that 1 have received, I promise to pay U.S, S144, 000. o0 (this amount is called "Principal "), plus interest, to the order of the bender. The bender is WILHINGTON FINANCE INC.. I' will make aq payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST interest will be charged on unpaid principal until file full amount of Principal has been paid. I wilt pay interest at a yearly rate of 7.625°/x. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Paymcnta 1 will pay principal and interest by making a payment every month, I will make my monthly payment on the 1ST day of each month beginning on JULY 1, 2007. 1 will make these payments every month until t have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest' before Principal. If, on JUNE 1, 2037,1 still Owe amounts under this Note, I will pay those amounts in full an that date, which is called the "Maturity Date. i will make my monthly payments at PO 'BO$ 209. PLYMOUTH MEET G, PA 19462 or at a different place ifrcquired by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. Si, 019.72. 4. BORROW RIGHT TO PREPAY SEE ',PREPAYMENT RIDER TO NOTE' ATTACHED HERETO AND HADE A PART HEREOF. I have the right to make payments of principal at Any time before they arc due. A payment of Pri ncipal only is known as a "Prepayment:" When .1 make a Prepayment, I will tell the Note Holder in writing that i am doing so. I may not designate a payment as it Prepayment if I have not made all the monthly payments due under the .Note. I may make a full Prepayment or partial Prepayments without paying'a Prepayment charge, The Note Holder will use my Prepayments to reduce the amount or Principal that I owe under this y men however, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before my Prepayment to reduce the Principal amount orthe Note. If I make a partial' P applying Prepayment, there will f e changes in The due date or in the amount of my monthly payment unless the Note Holder agn:cc in writing to those changes. S. JOAN CHARGES If a law, which applies to this loan and which sets maximum Ivan charges, is finally interpreted so that the interest or Othcr loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shalt be reduced by the amount necessary to reduce the charge to the pormined limit; and (b) any sums already collected from me which exceeded permitted limils will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this 'Note or by making a direct Payment to me, If a refund tcduccs Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURF; TO PAY AS REQUIRED MUIXISTATF FIXL+D RATE NOTF -- Tingle Family., F•nnlcMaelPreddIt Mac UNIFORM INSTRUMP.NY �� 3.108 Page 1 of3 Form 3300 Trot Modifiedby WILttINcToN 'lINANCC INC. swwtl�lwitattt (A) Late Charge for Overdue payments If the Note Holder has not received the full amount of any monthly payment by the and of 13zcatcndar days After the date it is duo, I will pay a late charge to the Note Holder, The amount of the charge will be S. 000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment, (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default, (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to rite or delivered by other means. (D) No Waiver By Note Holder liven if, at a lime when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note 14014cr will still have the .right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees, 7. GIVING OF NOTICES Unless applicable taw requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Nola Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8, OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surely or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may he required to pay all of the amounts owed under this Note. 9. WAIVLRS I and any other person who has obligations under this Note waive the rights of Presentment and NotieO of Dishonor. "Presentment" means the right to require the Note Ifolder to demand payment of amounts due. "Notice of Dishonnr" means the right to require the Note. Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This 'Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this'Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes bow and under what conditions 1 may be required to make immediate payment in full of all those conditions are described as follows: amounts 1 owe under this nd u Some at If all or any part of the Property or any Interest in the Property is sold or transferred (or if .Borrower is not in natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable I,aw, MULTISTATE. FIXED RATE NOTE — Single Family - Fannta MadFYvddte Mar UNIFORM INSTnUMI!NT 5.108 Page203 Fnrxn1200 1/Ot 'ModiaWby NILUrNaTOn PIaANCa INC, i PREPAYMENT RIDER TO NOTE nMR Loan 4:� M1N: laa)77�0705iif191• + The Note dated MAY 25, 2009 between N-TLMINOTON 1`YNANCE INC. (Lendci) and BRYAN 'fi: HOMER (Borrower or 1) is hereby amended as follows: I. Additional Covt:nants. Notwithstanding anything to the contrary set forth in the Note or Security Instrument, Borrower and Lender covenant, and agree, that the provisions of the section of the Note entitled "BORROWER'S RIGHT TO PREPAY" or 'BORROWER'S PREPAYMENT'S BEFORE THEY ARE DUE" is amended to read as follows: I have the right to make payments of principal at any time before they are due, A prepayment of the entire unpaid principal is known as a "Full Prepayment ". A prepayment of only part of the unpaid principal is known as a "Partial Prepayment ". When I make a Prepayment, I will tell the Note Holder in writing that 1 am doing so..! pray not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. Except as provided below, I may make a full prepayment of a partial prepayment without paying any ,penalty. If 1 make a partial prepayment equal to one or more of the monthly payments, my due date may be advanced no mute than one month. if a make any other partial prepayment, ! must still make each later payment as it, becomes due and in the same amount. I may make a full prepayment at any time. However, if within the first 36 months after execution of the Mortgage, I make any prepayment(a) within any 12 month period; the total amount of which , exceeds ten percent (10 ".6)'of the origiflat principal amount of this loan; I will pay a prepayment charge in an amount equal to 5.000% ofthe amount prepaid in excess of 10% ofthe original principal balance of the Note. This Rider will remain in full force and effect unless the Note is transferred by Lender and the .Borrower is- notificd in writing by the new Note Holder, at its sole option, has declared the Rider null and void. If the Rider is declared null and void, the original Note terries shall remain in full force and effect. By signing below, ;Borrower(s) accept(s) and agree(s) to the terrris and covenants contained ''in this Prepay nest Penalty Rider to'Note. - RROW>:R BRYAN S. NOMHR - DATH - i i �+ 9906.3 Paac 1 of 1 I EXHIBIT "B" PO9EP.T P. ZIEGLE6 ?E OF DEEDS EERLA C0Ut4TY-F After Recording Return To: 2007 JUN 26 R ` 1139 WILMINGTON FINANCE, INC. PO BOX 7000 PLYMOUTH MEETING, PA 19462 (877) 963 -4968 Prepared By: WILMINGTON FINANCE, INC. WILMINGTON FINANCE INC. 401 PLYMOUTH ROAD, SUITE 400 PLYMOUTH MEETING, PA 19462 (877) 963 -4968 Property Address: 619 4TH STREET NEW CUMBERLAND, PA 17070 ° PIN: 25 -25 -0006 -106 pace Above This Line For Rccording u -- "" MORTGAGE SOMER Loan a: ttessommob PIN: 35-a5-0006-106 MIN:100372407054492918 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated MAY 2S, 2007, together with all Riders to this document. (B) "Borrower" is BRYAN B. HOMER. Borrower is the mortgagor under this Security Instrument. (C) "HERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS Is the mortgagee under this Security Instrument. MERE is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, :41148501 -2026, tel. (888) 679 - VIERS. (D) "Lender" is WILMINGTON FINANCE INC.. Lender is a CORPORATION organized and existing under the laws of DELAWARE. Lender's address is 401 PLYMOUTH ROAD, SUITE 400, PLYMOUTH MEETING, PA 19462. (E) "rote" means the promissory note signed by Borrower and dated MAY 25, 2007. The Note states that Borrower owes Lender ONE HUNDRED FORTY - FOUR THOUSAND AND 00/100 Dollars (U.S. 5144, 000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JUNE 1, 2037. (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. PENNSYLVANIA- Single Family- Facuie Mae(Freddle brae UNIFORM INSTRUMENT `°. 347.32 Page I of 13 Form 30391/01 RECEIVr JUN 0 41007 8K t 997PG 1 140 A (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): O Adjustable Rate Rider 0 Condominium Rider O Second Home Rider O Balloon Rider O Planned Unit Development Rider O Biweekly Payment Rider O 14 Family Rider O Other(s) (specify) (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non•appealabic judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that arc imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L.) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceed" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any parry that has taken title to the Property, whether or not that patty has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the COUNTY (Type of Recording Jurisdiction) of CUMBERLAND (Name of Recording Jurisdiction) LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 618 4TH STREET, NEW CUMBERLAND, Pennsylvania 17070 ( "Property Address "): TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and PENNSYLVANIA- Single Family- Fannie )taeff"ddle Mac U,%IFOR..M INSTRVMENT c� 34732 Pap 2 or 13 Form 3039 1/01 UOK 1997PG 1 141 additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (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 action required of Lender including, but not limited to, releasing and 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 INSTRUMENT combines uniform covenants for national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real propC UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, lntemst, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borr ower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding. Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be PENNSYLVANIA-Single Family- Fannte Ntae/Freddie Mae UNIFORM INSTRUMENT qe�) 347.32 Page 3 or 13 Form 3039 1101 6K 1 997P 1 142 applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments arc due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 14. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated =_ under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow ' Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA. Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or PENNSYLVAN1A•Single FamilyFaaole 3tuffreddte Mac UNIFORM INSTRUMENT v 34732 Page 4 or 13 Form 3039 1101 d 6K.! 997PG 1 143, ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. 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, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings arc pending, but only until such proceedings arc concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress PENNSYLVANIA-Single Family-Fannie Mae /Freddie .Mac UNIFOPM INSTRUMENT 347.32 Page 5 of 13 Form 3039 1101 61( 1997PG 1144 payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of BorTower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but arc not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Burrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but arc not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to PENNSYLVANIA -Single Family-Fannie Mae/Fnddle Mac UNIFORM INSTRUMENT qa�) 34732 Page 6 of 13 Form 3039 1141 BK 1997P& 1 145 w� protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs. change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. it is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements arc on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Furthcr: PENNSYLVANIA- Singlc Family- Fannie MaelFreddie'vise UNIFORM INSTRUMENT 347.32 Page? of 13 Form 30391/01 BK 1997PG 1 146 tl�tll�� (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such :Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. in the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the parry against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim PEN.NSYLVANIA- Singlc Family - Fannie Mae/Freddie Mac VNIFORIM INSTRUMENT 347.32 Page 8 of 13 Form 3039 1/01 8K 1997PG 1 147 for damages that arc attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. Ali Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but dues not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey the cu- signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the -_ permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall PENNSYLVANIA- Singlc FamilyFanale Mac/Frtddie Mac UNIFOPUM INSTRUME \T v 347.32 Pap 9 or 13 Form 3039 1101 $K 1997PG 1 148 be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the taw of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument arc subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for decd, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the dote as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (e) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Vote; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in PENNSYLVANIA- Singlc Family- Fannie Mae/Freddie Vac UNIFORM INSTRUMENT etd. 347.32 Page 10 of 13 Form 3039 1101 81{1997PG1 149 dMMMMtA the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section IS) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section IS shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. ■_ Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Burrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (e) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. if Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. . NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify PENNSYLVANIA- Single Family -Feaak Mae/Freddie Mac UNIFORM NSTRUMENT ee�o 347.32 Page 11 of 13 Form 3039 1101 8K 1 997 PG 1 150 �■tla Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result In acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Leader shall further Inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including. but not Limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23, Release, Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. Afer such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase 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. 27. 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. S6 RROWER - BRYAN B. HOMER - DATE - PEN\SYLV,%NIA•Singlc Family- Fsonle M&e/Freddie Mac UNIFORM CrSTRUMEVT 347.32 Pap 12 of 13 Form 3039 1/01 8KI997PG1151 (Sparc Below This Linc For Aeknowiedgmrnil STATE OF COUNTY OFt..b�c�a�� On this the 3s day of Q �_, before me, the unde igncd officer, personally appeared known to me (or satisfactorily proven) to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof, l hereunto set my hand and �+ official seal. No Public My C mission Expires: COMMONWEALTH O PENNSYL NOTARIAL SEAL JACK V. VALENTIN, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires June 26, 2010 . Alatttb•r, perAjOYtl S A4oclsbon of Notaries CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within named Lender is 401 PLYMOUTH ROAD, SUITS 400, PLYMOUTH MEETING, PA 19462 witness my hand this 25TH day of MAY, 2007. V� A ent Lcndcr COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ' JACK V. VALENTIN, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires June 26, 2010 a r,'.,tnm d•. Woai• tlon o Not �rl•� PENNSYLVANIA- Singtr Family- Fanote Mae/Freddle Hac UNIFORM INSTRUMENT 347.32 Pap 13 of 13 Forty 30391/01 8K1997PG1152 s This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached, Schedule C ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Gerrit J. Betz Associates, Inc., dated January 11, 1977, as follows: BEGINNING at a point on the east side of Fourth Street, said point being 75 feet north of the northeast corner of Rosemont Avenue and Fourth Street; thence along the east side of Fourth Street, North 23 degrees 30 minutes East, 25 feet to a corner of premises known as Lot No. 23 on the hereinafter mentioned Plan of Lots; thence along said lot, South 66 degrees 30 minutes East, 140 feet to a point on the west side of Ruby Avenue; thence along the same, South 23 degrees 30 minutes West, 25 feet to a corner of premises known as Lot No. 21 on said Plan of Lots; thence along said _ premises and passing through the center of a partition wall, North 66 degrees 30 minutes West, 140 feet to the point and place of BEGINNING. BEING Lot No. 22 on Plan of Buttorf Section H, recorded in Cumberland County Deed Book N, Volume 5, Page 498. HAVING THEREON ERECTED a two and one -half story frame dwelling known as 618 Fourth Street, New Cumberland, Pennsylvania. BEING Parcel No. 25- 25- 0006 -106 Y Certify this i.e. _. In Cumbe'i lane:. BK 1997PG 1 153 EXHIBIT "C" Inst. # 201234588 - Page 1 of 3 CERTIFIED PROPERTY IDENTIFICATION NUMBERS 25 -25- 0006 -106 - NEW CUMBERLANDI CCGIS REGISTRY 11/08/2012 BY TE Prepared By: Grenen & Birsic, P.C. One Gateway Center, 9 Floor Pittsburgh, PA 15222 Return To: Grenen & Birsic, P.C. One Gateway Center, 9 Floor Pittsburgh, PA 15222 Property Address: 618 4'" Street, New Cumberland, PA 17070 Borough of New Cumberland Parcel No.: 25 -25 -0006 -106 ASSIGNMENT OF MORTGAGE From Bryan E. Homer, ) Mortgage Dated: May 25, 2007 Mortgagor ) Mortgage Recorded: June 26, 2007 To Mortgage Electronic Registration ) Mortgage Book Volume 1997, Page 1140 Systems, Inc., as Nominee for ) Wilmington Finance Inc. ) in the Recorder's Office of Cumberland Mortgagee ) County, Pennsylvania. Amount: $144,000.00 For value received and intending to be legally bound hereby, Mortgage Electro 'c��gistration Syste , as Nominee for Wilmington Finance Inc. ( "Assignor ") does hereby this Xn N day o � , 2012, grant, sell, assign, transfer, set over and deliver unto U.S. Bank National Association, N.D. ( "Assignee "), its successors and assigns, all right, title and interest of Assignor in and to the above - referenced Mortgage together with all of Assignor's rights, remedies, incidents and appurtenances as stated in the Mortgage and all of the right, title and interest of Assignor in the premises described in the Mortgage; and Assignor specifically assigns by this Assignment the debt instrument intended to be secured by the Mortgage. In Witness Whereof, Assignor has caused this Assignment to be executed by its hand and seal, with authority therefore, the day and year first above written. ATTEST: MORTGAGE ELECTRONIC EGISTRATION SYSTEMS, INC., AS NOMINEE FOR WILMINGTON FINANCE INC. By: Name: Inst: # 201234588 - Page 2 of 3 STATE OF ) ss: COUNTY OF On this the day 4r e— , 2012, before me, the undersigned officer, e sonal ear L, who acknowledged himself/herself to be the D Mortgage Electronic Registration Systems, Inc., as Nominee for Wilmington Finance Inc., and that he/she, being authorized to do so, executed the foregoing Assignment of Mortgage for the purposes therein contained by signing the name of the corporation by himself/herself. It Witness Whereof, I hereunto set my hand and official seal. ,� . JACQUILINE TODD - WATSON * Notary Public, State of Ohio MY Commission Expires October 20, 2015 r 0Fo Certificate of Residence I, Brian B. Dutton, Esquire, do certify that the Assignee's precise residence is 205 West 4' Street, Suite 500, Cincinnati, Ohio 45202. -100 ccid, Inst. # 201234588 - Page 3 of 3 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY` �. 1 COURTHOUSES Q UARE < CARLISLE, PA 17013 a 717 - 240 -6370 i f = . . Instrument Number - 201234588 Recorded On 11/8/2012 At 8:36:35 AM * Total Pages - 3 • Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 121655 User ID - KW • Mortgagor - HOMER, BRYAN E • Mortgagee - U S BANK N A *Customer- SIMPLIFILE LC &RECORDING * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA a au e a ��f .� RECORDER OF DEEDS nao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. VERIFICATION Rachelle Mercado Foreclosure specialist and duly authorized representative of U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to her information and belief. U.S. Bank National Association as successor by merger of U.S. Bank National Association ND A Na e: Rachelle Mercado Title: Foreclosure specialist Homer FORM 1 CY U.S. Bank National Association IN THE COURT OF COMMON PLEAS OF m i -: et al. CUMBERLAND COUNTY, PENNSYLVANIA M Plaintiff(s) fir--, r-'o t� vs. O CD Bryan E. Homer'_ Defendant(s) Civil t NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted :: Zo2 Date Signature of Counsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST OMERIPRIMARY APPLICATIO 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-BORRO WER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INF ORMATIO N First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Asset 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. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3, Monthly Gross Monthly Net 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 current a in EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: ' A Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH ORIZATIO N I /We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of Z years of federal income tax returns V Copy of deed i' Ronny R Anderson SHERIFF'S OFFICE OF CUMBERLAND COUNTY Sheriff < — {--atrr i� ir, Jody S Smith �' i f'� r� ; I+'t 0 0 dr1, y �pxcict�a1�"g)llmb��,�„��� Chief Deputy Richard W Stewart Solicitor � ` [yp g�a / �^ OFFJCIE OF TH b;yc,i€F 1 t { I t t t(E Ly Lei r(t ;1J U.S. Bank National Assocation vs. Bryan E. Homer Case Number 2013-3737 SHERIFF'S RETURN OF SERVICE 07/03/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search for the within named Defendant to wit: Bryan E. Homer, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure inquiry Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 618 Fourth Street, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant and as of this date the New re Cumberland Postmaster has been unable to provide a good forwarding address and the Complaint ha expired. s SHERIFF COST: $52.21 SO ANSWERS, July 31, 2013 U, RON R ANDERSON, SHERIFF (C)CountySulte Sheriff,Teleosoft,if, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYm- V rn co cn rr,--• U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION -rte � ' AS SUCCESSOR BY MERGER OF U.S. �'� BANK NATIONAL ASSOCIATION ND, �c� X" NO.: 13-3737-Civil =a Plaintiff, 5;c- •- -,,' vs. TYPE OF PLEADING: BRYAN E. HOMER, SUPPLEMENT TO PLAINTIFF'S COMPLAINT IN MORTGAGE Defendant. FORECLOSURE FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association as successor by merger of U.S. Bank National Association ND COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center,91h Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13-3737-Civil Plaintiff, VS. BRYAN E. HOMER, Defendant. SUPPLEMENT TO PLAINTIFF'S COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes U.S. Bank National Association as successor by merger of U.S. Bank National Association ND (hereinafter "Plaintiff'),by its attorneys,Grenen&Birsic,P.C.,and files the following Supplement to its Complaint in Mortgage Foreclosure("Complaint"): 1. Attached hereto as Exhibit "1" is the Verification of an authorized representative of Plaintiff which was to have been attached to Plaintiffs Complaint. The Verification signed by a non officer of Plaintiff was attached to the Complaint that was filed on or about June 27, 2013. Respectfully submitted, GRENEN & BIRSIC, P.C. BY Kristine M. Anthou, Esquire Pa. I.D. 417991 Attorneys for Plaintiff Or-e Gateway Center, 9`"Floor Pittsburgh, PA 15222 (4'2) 281-7650 Exhibit"1" VERIFICATION Eloise U. Carillo Officer and duly authorized representative of U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to her information and belief U.S. Bank National Association as successor by merger of U.S. Bank National Association ND Name: Eloise U. Carillo Title: Officer Homer s i CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Supplement to Plaintiff's Complaint in Mortgage Foreclosure was served via First Class, U.S. Mail, postage prepaid, this day of t✓� , 2013, upon the following: Bryan E. Homer 618 4th Street New Cumberland, PA 17070 GRENEN & BIRSIC, P.C. Bv �1.L.J. ��- Kristine M. Anthou,�Esquire Pa. I.D. #77991 .Attorneys for Plaintiff One Gateway Center, 9th Floor Pittsburgh, PA 15222 (412) 281-7650 4 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, Plaintiff, NO.: 13-3737 Civil vs. TYPE OF PLEADING BRYAN E. HOMER, MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE Defendant. FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association as successor by merger of U.S. Bank National Association ND COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. C-) --,•; One Gateway Center Ninth Floor —o Pittsburgh, PA 15222 _ —3 -v -- (412) 281-7650 ' , ast-` U r = c� CD c> "; "' y] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, Plaintiff, NO.: 13-3737 Civil vs. BRYAN E. HOMER, Defendant. MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT AND NOW, comes the Plaintiff, U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, by and through its attorneys, GRENEN & BIRSIC, P.C., and files the within Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court under Pennsylvania Rule of Civil Procedure 430 as follows: 1. On or about June 27, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against the Defendant, Bryan E. Homer, at the above-captioned number and term. 2. On or about June 27, 2013, Plaintiff delivered to the Cumberland County Sheriff's Office a copy of the Civil Action - Complaint in Mortgage Foreclosure filed by Plaintiff at the above-captioned number and term along with direction cards requesting that the Defendant be served a copy of the Complaint at his last known address being 618 4th Street, New Cumberland, Pennsylvania 17070. was no answer. A true and correct copy of the Sheriffs return is marked as Exhibit "A", attached hereto and made a part hereof. 4. An Affidavit of the Plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of Defendant, Bryan E. Homer, and the reasons why service of the Complaint in Mortgage Foreclosure cannot be made, is marked Exhibit "B", attached hereto and made a part hereof. 5. Pursuant to Cumberland County Local Rule 208.3(a)(2), no Judge has ruled upon any other issue in this case or any related matter. 6. Pursuant to Cumberland County Local Rule 208.3(a)(9), the Defendant is pro se and no attorney has entered an appearance of record on behalf of the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court direct the Sheriff of Cumberland County to serve Defendant, Bryan E. Homer, with the Complaint in Mortgage Foreclosure by posting a copy of the Complaint on the property at 618 4th Street, New Cumberland, Pennsylvania 17070 and permit the Plaintiff to serve the Defendant by mailing a true and correct copy of the Complaint in Mortgage Foreclosure by certified mail, return receipt requested and by First Class U.S. Mail, postage pre-paid to 618 4th Street, New Cumberland, Pennsylvania 17070. Service of the Complaint shall be deemed complete and valid upon posting by the Sheriff and mailing by the Plaintiff. GRENEN & BIRSIC, P.C. BY: `'�.,,- ( < (-J(7C Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 -7650 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor = U.S. Bank National Assocation vs. Case Number Bryan E. Homer 2013-3737 SHERIFF'S RETURN OF SERVICE 07/03/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Bryan E. Homer, 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 618 Fourth Street, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant and as of this date the New Cumberland Postmaster has been unable to provide a good forwarding address and the Complaint has expired. SHERIFF COST: $52.21 SO ANSWERS, July 31, 2013 RONNY R ANDERSON, SHERIFF EXHIBIT "B" • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13-3737 Civil Plaintiff, vs. BRYAN E. HOMER, Defendant. AFFIDAVIT PURSUANT TO PA. R.C.P. 430 COUNTY OF ALLEGHENY ) ) SS COMMONWEALTH OF PENNSYLVANIA ) Before me, a notary public, in and for the foregoing county and commonwealth, personally appeared Kristine M. Anthou, Esquire, of GRENEN & BIRSIC, P.C. attorneys for Plaintiff and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of the Defendant, Bryan E. Homer, named in the above-captioned matter: (a) On July 22, 20313, Plaintiff mailed to the United States Postmaster at New Cumberland, Pennsylvania 17070 a request to be furnished with a forwarding address of Defendant, Bryan E. Homer. (b) On July 24, 2013, Plaintiff received a response from the United States Postmaster indicating that the Defendant resides at 618 4th Street, New Cumberland, Pennsylvania 17070. A true and correct copy of that response is marked as Attachment "A", attached hereto and made a part hereof. (c) Examinations were made of the New Cumberland Area Telephone Directory; said examination indicated that the Defendant is listed at 618 4th Street, New Cumberland, Pennsylvania 17070. A true and correct copy of that search is marked as Attachment "B", attached hereto and made a part hereof. (d) Examinations were made of the Cumberland County Voter Registration Records; said examination failed to yield any useful information regarding the whereabouts of Defendant, Bryan E. Homer. (e) A computer records search of a nationwide database indicates that the Defendant resides at 618 4th Street, New Cumberland, Pennsylvania 17070. A true and correct copy of that search is marked as Attachment "C", attached hereto and made a part hereof. (f) A computer records search of a Pennsylvania Driver's License database indicates that the Defendant resides at 618 4th Street, New Cumberland, Pennsylvania 17070. A true and correct copy of that search is marked as Attachment "D", attached hereto and made a part hereof. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Finally, affiant deposes and says that after the foregoing investigation, the Plaintiff believes and avers that the Defendant, Bryan E. Homer, has a last known residence of 618 4th Street, New Cumberland, Pennsylvania 17070. GRENEN & BIRSIC, P.C. BY. 2 Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center,Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sworn to an subscribed before me this — day of 2013. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia A.Townsend,Notary Public { City of Pftts urgh,Allegheny County My Com rnl s,on Expires June 2,2015 Mtair,,PENft,i32.Aii1ApS OCIA11ON OF NOTARIES ATTACHMENT "A" Date July 22,2013 Postmaster New Cumberland, PA 17070 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a box holder) for the following: Name: Bryan E. Homer Address: 618 4th Street NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(l)and (2)and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester(e.g., process server,attorney, party representing himself):Paralegal 2. Statute or regulation that empowers me to serve process(not required when requester is an attorney or a party acting pro se-except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: U.S. Bank National Association et al v. Homer 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County 5. The docket or other identifying number if one has been issued: 13-3737-Civil 6. The capacity in which this individual is to be served(e.g., defendant or witness): Defendant WARNING [HE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO$10,000 OR IMPRISONMENT OR(2)TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH(TITLE 18 U.S.0 SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. LJ f y RECEIVED JUL 2 6 2013 Signature Zili Dai Printed Name Grenen & Birsic, P.C.,One Gateway Center,Ninth Floor, Pittsburgh, PA 15222 (412)281-7650 FOR POST OFFICE USE ONLY No change of address order on file. POSTMARK t '¢ Not known at address given. NEW ADDRESS OR BOXHC}WE1M ,`..� NAME and STREET ADDRV'SS1 aai • Moved, left no forwarding address No such address .t 1 k 4 ATTACHMENT "B" 9/5/13 Free people search and contact details for Bryan E Homer Jr I WhitePages WhitePages.com Send Bryan E Homer Jr's details to phone Your number Message Bryan E Homer Jr 717-770-0991 618 4th St New Cumberland, PA 17070-1820 Send There was an error, please try again later. close Thank you, your message has been sent. close See What Bryan Homer's Home is Worth Bryan E Homer Jr 55-59 years old Phone number 717-77o-0991 Address 618 4th St New Cumberland, PA 17070-1820 People Bryan may know Christina L Homer Georgeanne Homer Gabrielle Homer More results at InstantCheckmate.com Previous locations Harrisburg, PA Mechanicsburg, PA New Cumberland, PA www.whitepag es.com/name/Bryan-E-Homer-Jr/New-Cumberland-PA/4wsn2q 3 1/2 ATTACHMENT "C" • Page 1 Search: Public Records : Comprehensive Person Report Terms: tate(ALL) radius(30) No. Full Name Address/Phone SSN 1. HOMER,BRYAN E 618 4TH ST HOMER JR,BRYAN E NEW CUMBERLAND,PA 17070-1820 HOMER SR,BRYAN E CUMBERLAND COUNTY HOMER,BRYAN JR (03/1997-Current) 111111111111air HOMER SR,BRYAN F 717-770-0991 HOMER,BRYAN HOMER JR,BRYAN /Phone may be disconnected HOMER SR,RYAN HOMER,B E (Gender:Male) 84 RINGNECK DR (DOB:07/1957) HARRISBURG,PA 17112-1425 (Age:56) DAUPHIN COUNTY (06/2011-05/2012) 1105 YVERDON DR APT C8 CAMP HILL,PA 17011-1248 CUMBERLAND COUNTY (05/2010-01/2012) 423 7TH ST NEW CUMBERLAND,PA 17070-1926 CUMBERLAND COUNTY (11/2005-08/2006) 618 FORTH ST NEW CUMBERLAND,PA 17070 CUMBERLAND COUNTY (01/2003-01/2003) 618TH ST NEW CUMBERLAND,PA 17070 CUMBERLAND COUNTY (11/2002-11/2002) 22 S 17TH ST APT 2 CAMP HILL,PA 17011-4841 CUMBERLAND COUNTY (08/2001-08/2001) 1624 LIBERTY ST A 301 HARRISBURG,PA 17103-1454 DAUPHIN COUNTY (03/1984-03/1997) 717-770-0991 /'Phone may be disconnected 315 E ALLEN ST MECHANICSBURG,PA 17055-3308 CUMBERLAND COUNTY (05/1992-02/1997) 717-770-0991 Phone may be disconnected 315 E ELLEN ST MECHANICSBURG,PA 17055 CUMBERLAND COUNTY (01/1994-01/1994) 1620 WAYNE ST HARRISBURG,PA 17104-2656 DAUPHIN COUNTY (03/1984-04/1986) Search: Public Records : Comprehensive Person Report Page 2 No. Full Name Address/Phone SSN Terms: _state(ALL)radius(30) Date/Time: T ursday, September 05, 2013 10:03 AM Permissible Use: DPPA - Litigation GLBA - Legal Compliance Copyright©2013 LexisNexis, a division of Reed Elsevier Inc.All Rights Reserved. ATTACHMENT "D" Page 1 Search: Public Records : Driver's Licenses Terms: No. Full Name Address DOB 1. HOMER, BRYAN E 618 4TH ST 07/1957 Data Source: Non-Governmental NEW CUMBERLAND, PA 17070-1820 Last seen date: CUMBERLAND COUNTY First seen date: Lexl D(sm):1160898674 Search: Public Records : Driver's Licenses Terms: Date/Time: Thurs ay, September 05,2013 10:10 AM Permissible Use: DPPA - Litigation GLBA - Legal Compliance Copyright©2013 LexisNexis, a division of Reed Elsevier Inc.All Rights Reserved. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion for Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court and Order of Court was mailed to the following on this 00\ day of (� , 2013, by first class, U.S. Mail, postage pre-paid: Bryan E. Homer 618 4th Street New Cumberland, Pennsylvania 17070 GRENEN & BIRSIC, P.C. '"C. �. 7 - 'L-. Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. %f'I�owl'CQ, BANK NATIONAL ASSOCIATION ND, ov��'� NO.: 13-3737 Civil �D13 � � � •,�� Plaintiff, vs. y1 BRYAN E. HOMER, '--ql Defendant. ORDER OF COURT AND NOW, to wit, this 'Z 0 K day of J`y,,,Y 44j— , 2013, upon consideration of the within Motion for Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Sheriff of Cumberland County is hereby directed to serve Defendant, Bryan E. Homer,with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure by posting the property at 618 4t" Street, New Cumberland, Pennsylvania 17070 and Plaintiff is permitted to serve Defendant by certified mail, return receipt requested and by First Class U.S. Mail, postage pre- paid at 618 4"' Street,New Cumberland, Pennsylvania 17070. Service on the Defendant shall be deemed complete and valid upon posting by the Sheriff and mailing by the Plaintiff. BY THE COURT: • J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13-3737-Civil Plaintiff, vs. TYPE OF PLEADING BRYAN E. HOMER, Praecipe to Reinstate Civil Action - Complaint in Mortgage Foreclosure Defendant. FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association as successor by merger of U.S. Bank National Association ND COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. r°' One Gateway Center ...3 Ninth Floor rn ° r Pittsburgh, PA 15222 r-' (412) 281-7650 --<> � -ica LC9 4 A 73/36/°Al pnocv ao,uuuo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13-3737-Civil Plaintiff, vs. BRYAN E. HOMER, Defendant. PRAECIPE TO REINSTATE CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE TO: PROTHONOTARY SIR: Kindly reinstate the Civil Action - Complaint in Mortgage Foreclosure with respect to the above-referenced matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. BY: Kristine Anthou, Esquire Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 0.6vx of Cumber, ;H(,: , ,.. Jody S Smith Chief Deputy 3 OC,T 15 Ph Richard W Stewart orFicEoFmEsHERIFr= C u i iL; PENNSYLVANIA U.S. Bank National Assocation vs. Case Number Bryan E. Homer 2013-3737 SHERIFF'S RETURN OF SERVICE 10/10/2013 03:21 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure upon the within named Defendant,to wit: Bryan E. Homer, pursuant to Order of Court by"Posting"the premises located at 618 Fourth Street, New Cumberland Borough, New Cumberland, PA 17070 with a true and correct copy according to law. . DAWN KELL, DEPUTY SHERIFF COST: $53.21 SO ANSWERS, October 11, 2013 RONRANDERSON, SHERIFF Cou-tySu Shenf'Teieosof;...,c. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13-3737-Civil Plaintiff, vs. TYPE OF PLEADING BRYAN E. HOMER, Proof of Service Defendant. 2) _ C) 77. FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association as successor by merger of U.S. Bank National Association ND COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, RC. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 f. • • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13- 3737 -Civil Plaintiff, vs. BRYAN E. HOMER, Defendant. PROOF OF SERVICE Kristine M. Anthou, Attorney for Plaintiff, U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs Complaint in this matter on Defendant, Bryan E. Homer: 1. Pursuant to Order of Court dated September 20, 2013, service of the Complaint in Mortgage Foreclosure upon Defendant, Bryan E. Homer, was deemed complete and valid upon mailing by the Plaintiff by certified mail, return receipt requested, and by first class mail, postage prepaid, addressed to 618 4th Street, New Cumberland, PA 17070 and by posting of a copy of the Complaint, by the Sheriff of Cumberland County at the property located at 618 4th Street, New Cumberland, PA 17070. A true and correct copy of said Order of Court is marked Exhibit "A ", attached hereto and made a part hereof. 2. On October 15, 2013, Plaintiff mailed the Complaint in Mortgage Foreclosure to Defendant, Bryan E. Homer, at 618 4th Street, New Cumberland, PA 17070, by certified mail, return receipt requested and by first class mail, postage prepaid. A true and correct copy of the U.S. Postal Service foim 3800, Article Number 7012 1010 0003 4348 3971, and the Certificate of Mailing, evidencing service by certified mail and first class mail on the identified Defendant, are marked Exhibit "B ", attached hereto and made a part hereof. 3. On or about October 10, 2013, the Sheriff of Cumberland County posted the Complaint on the property located at 618 4th Street, New Cumberland, PA 17070. A true and correct copy of the Sheriff's Return of Service is marked Exhibit "C ", attached hereto and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS Lot" DAY OF Notary Public COMMONWCALTH OF PENNSYLVANIA Notarial Seal • MaryBeth Ackerman, Notary Public City of Pittsburgh, Allegheny County My Commission Expires March 16, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES GRENEN & BIRSIC, P.C. BY:�' Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 -7650 , 2014. EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, Plaintiff, vs. BRYAN E. HOMER, Defendant. CIVIL DIVISION NO.: 13-3737 Civil ORDER OF COURT AND NOW, to wit, this .26 day of 2013, upon consideration of the within Motion for Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Sheriff of Cumberland County is hereby directed to serve Defendant, Bryan E. Homer, with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure by posting the property at 618 4th Street, New Cumberland, Pennsylvania 17070 and Plaintiff is permitted to serve Defendant by certified mail, return receipt requested and by First Class U.S. Mail, postage pre- paid at 618 4th Street, New Cumberland, Pennsylvania 17070. Service on the Defendant shall be deemed complete and valid upon posting by the Sheriff and mailing by the Plaintiff. BY THE COURT: r9 N a- m ca m m O O 0 O r1 O ri ni ra C7 N U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.como Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 71 0 PS Form 3800, August 2006 See Reverse for Instructions • Name and Address of Sender Grenen & Birsic, P.C. One Gateway.Center, 9th Floor Pittsburgh, PA 15222 Check type of mail or service: ❑ Certified ❑ Recorded Delivery (International) ❑ COD ❑Registered ❑ Delivery Confirmation ❑ Return Receipt for Merchandise ❑ Express Mail ❑ Signature Confirmation ❑Insured Affix Stamp (If issued as a certificate of or for additional copies of this Postmark and Date of Receipt Fee Here mailing, g bill) Handling Charge Actual Value If Registered Insured r 'f'vi'If.} .1„,.:+11.R t.J. LY.. i'.i ,ritrf��,! f ,_.• :::;::::*111!1.1. iT"+c Value i; • • -'- t0 7 02 ' 0003092559 ziT MAI_ED Due Sender if COD �3 , 1 P FROM DC Fee �= r�ro BOWES 1 X200 15 15222 RD Fee L 2013 RR Fee SC Fee PITNEY 001 OCT ZIP CODE SH Fee Article Number Addressee (Name, Street, City , State, & Zip Code) Postage 1. Bryan E. Homer 618 4th Street New Cumberland, PA 17070 1.20 2. - D 4. 5. 1, / 5 6.) \,-. 6. .' - 1 d ' 9S1 it SdSn q� a 9,.. titi ��Ov 4. u 8. ', ,96 \.O .x Yy OY 'AS111 a Total Number of Pieces Listed by Sender 1 Total Nu ber of Pieces Receive at Post Office Postmast r�� •ame o ing employee) C e � 1.81 .20 See Privacy Act Statement on Reverse PS Form 3877, February 200 (Page 1 of 2) 79 -237 ZD (SOC) er, Ink, or Ball Point Pen EXHIBIT "C" Ronny R Anderson Sheriff SHERIFF'S OFFICE OF CUMBERLAND COUNTY DI Cam Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF ICE OF THE SRERIFF U.S. Bank National Assocation vs. Bryan E. Homer Case Number 2013-3737 SHERIFF'S RETURN OF SERVICE 10/10/2013 03:21 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Bryan E. Homer, pursuant to Order of Court by "Posting" the premises located at 618 Fourth Street, New Cumberland Borough, New Cumberland, PA 17070 with a true and correct copy according to law. DAWN KELL, DEPUTY SHERIFF COST: $53.21 SO ANSWERS, October 11, 2013 RONY R ANDERSON, SHERIFF RECEIVED OCT 17 2013 (c) CountySuite Sheriff, Teleosoft, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, Plaintiff, C) C CIVIL DIVISION NO.: 13-3737-Civil TYPE OF PLEADING VS. BRYAN E. HOMER, Defendant. I hereby certify that the address of Plaintiff is: 425 Walnut Street Cincinnati, OH 45202 the last known address of Defendant is: 618 4th Street New Cumberland, PA 17070 GRENEN & BIRSIC, P.C. Attorneys for Plaintiff PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association as successor by merger of U.S. Bank National Association ND COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13-3737-Civil Plaintiff, vs. BRYAN E. HOMER, Defendant. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Bryan E. Homer, in the amount of $180,463.53, which is itemized as follows: Principal $146,292.20 Interest to 4/15/14 $ 19,092.21 Late Charges to 4/15/14 $ 478.50 Escrow Deficiency to 4/15/14 $ 8,705.23 NSF Charges $ 30.00 Corporate Advances $ 3,459.95 Attorneys' Fees $ 1,885.00 Foreclosure Costs $ 520.44 TOTAL $180,463.53 with interest thereon at the rate of $22.04 per diem from April 16, 2014, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the Mortgaged Premises. GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorney for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA )SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant was not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy. Sworn to and subscribed before me this day o Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal MaryBeth Ackerman, Notary Public City of Pittsburgh, Allegty County My Commission Expires March 16, 2015 ER, PENNSYLVANIA ASSOCIATION OF NOTARIES 2014. STANDARD AFFIDAVIT REGARDING MILITARY SERVICE I, Eloise U Carillo, being duly sworn under oath, state as follows: 1. I am an employee of the Plaintiff/Petitioner, U.S. Bank National Association, in this case. I am duly authorized to make this affidavit. I have personal knowledge of the facts stated here, and am competent to testify to the matters stated herein. 2. This affidavit has been filed in support of the Plaintiffs Praecipe for a Default Judgment against the Defendant(s)/Respondent(s), and in accordance with 50 App. U.S.C. § 521(b), a provision of the Servicemembers Civil Relief Act, Pub. L. 108-189, H.R. 100, as amended (2003). 3. The Defendant, Bryan E. Homer [X] is not currently in the "military service", as that term is defined in 50 App. U.S.C. §511" O is currently in the "military service", as that term is defined in 50 App. U.S.C. §511 This fact is supported and based upon my review of a military status report obtained from the Department of Defense's Defense Manpower Data Center website (https://www.dmdc.osd.mil/appi/scra/scraHome.do). The military status report, which has been attached as 'Exhibit A,' indicates: [X] that the Defendant was not on active duty status as of Feb-07-2014, and had not been on active duty status at any point during the preceding 367 days; O that the Defendant was on active duty status as of and continues to be on active duty status; O that the Defendant was not on active duty status as of but was on active duty status during the preceding 367 days; SCRA- Affidavit of Non-Military Status - Default Judgment Created 11/22/13 Issued and Implemented - 4. 0 The Plaintiff is unable to determine whether or not the Defendant, Bryan E. Homer, is in the military service. Sworn and subscribed before me this BY: Notary Public SCRA- Affidavit of Non-Military Status - Default Judgment Created 11/22/13 Issued and Implemented - U.S. BANK NATIONAL ASSOCIATION [SIGNATURE OF SIGNATORY] Eloise U Carillo, Officer [PRINTED NAME OF SIGNATORY] 2014. CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 CC . C�.•�C��C�.• � .�C�.�C�C�C�C�C .. ��C�. �C�C�C�. �q�.' � .�.�C�C�.�.�C�.�C�.�C�C�.��M^N� 99 $See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 6 Signature of Document Signer No. 1 State of California rn�} Subscribed and sworn to (or affirmed) before me CJ County of Ybvrl on this __ day of !e.--kf1J , 20 W , by Date Mont Year (1) 51.4915e, U. CO-1-111D Signature of Document Signer No. 2 Of any) RACHELLE MERCADO Commission At 2040917 Notary Public - California Orange County Comm. Expires Se 9.20 Place Notary Seal Above (2) Name(s)-of Signer,(a') proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signa OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ,, "�,� ,, '�,,1 Title or Type of Document: S{QV d an-d A c nu Document Date: GtG!,,-e Number of Pages: Signer(s) Other Than Named Above: Po 0-quit NA% OO 2013 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827 em #5910 EXHIBIT A Department of Defense Manpower Data Center Results as of : Feb-07-2014 08:34:37 AM SCRA 3.0 Status Reprt Pursuant to Srvice-tnemb Civil Relief Act Last Name: HOMER First Name: BRYAN Middle Name: E Active Duty Status As Of: Feb-07-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA . . . .. , NA This response reflectse individuals' a ive duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Futu e Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component ,. NA NA . - . This response reflects whether the individual or his/her unit has received early notification to-report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13- 3737 -Civil Plaintiff, vs. BRYAN E. HOMER, Defendant. TO: Bryan E. Homer 618 4th Street New Cumberland, PA 17070 DATE OF NOTICE: November 7, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249 -3166 or Toll Free (800) 990 -9108 FIRST CLASS MAIL, POSTAGE PREPAID GRENEN & BIRSIC, P.C. t u:1L.C/ s:%y��' By: �"` Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 -7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13-3737-Civil Plaintiff, vs. BRYAN E. HOMER, Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Bryan E. Homer 618 4th Street New Cumberland, PA 17070 ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on I ( ) A copy of the Order or Decree is enclosed, or (XX) The judgment is as follows: $180,463.53 with interest thereon at the rate of $22.04 per diem from April 16, 2014, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the Mortgaged Premises. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13 -3737 -Civil Plaintiff, vs. BRYAN E. HOMER, Defendant. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO: Prothonotary SIR: Please issue a Writ of Execution, directed to the Sheriff of Cumberland County, against the Defendant, Bryan E. Homer, as follows: Amount Due $180,463.53 Interest from 4/16/14 to sale $ 4,907.70 TOTAL $185,371.23 a'� sa a� ca�� GRENEN & BIRSIC, P.C. 53 . a. t (A- ct By:c L c -4 -Li ' 0 _C___ /63, -7 s 14 " Attorneys for Plaintiff 11--1 LI Lt V • sok-` tA 6 D'U6•CrX ? 't . -IksU 6 ' SO 0...- C 1(09? ,, , t r , 12--44-(s1t,o_ J0D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS CIVIL DIVISION SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, Plaintiff, vs. BRYAN E. HOMER, Defendant. NO.: 13 -3737 -Civil LONG FORM DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Gerrit J. Betz Associates, Inc., dated January 11, 1977, as follows: BEGINNING at a point on the east side of Fourth Street, said point being 75 feet north of the northeast corner of Rosemont Avenue and Fourth Street; thence along the east side of Fourth Street, North 23 degrees 30 minutes East, 25 feet to a corner of premises known as Lot No. 23 on the hereinafter mentioned Plan of Lots; thence along said lot, South 66 degrees 30 minutes East, 140 feet to a point on the west side of Ruby Avenue; thence along the same, South 23 degrees 30 minutes West, 25 feet to a corner of premises known as Lot No. 21 on said Plan of Lots; thence along said premises and passing through the center of a partition wall, North 66 degrees 30 minutes West, 140 feet to the point and place of BEGINNING. BEING Lot No. 22 on Plan of Buttorf Section H, recorded in Cumberland County Deed Book N, Volume 5, Page 498. HAVING THEREON ERECTED a two and one-half story frame dwelling known as 618 Fourth Street, New Cumberland, Pennsylvania. BEING Parcel No. 25-25-0006-106 BEING the same premises which Bryan E. Homer and Christina L. Homer, by Deed Dated May 25, 2007 and recorded in the Office of the Recorder of Cumberland County on June 26, 2007 in Deed Book Volume 280, Page 3205, granted and conveyed unto Bryan E. Homer. Parcel #25-25-0006-106 GRENEE By: i Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, Plaintiff, vs. BRYAN E. HOMER, Defendant. NO.: 13 -3737 -Civil AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA )SS: COUNTY OF ALLEGHENY U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Bryan E. Homer, located at 618 4th Street, New Cumberland, PA 17070 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRYAN E. HOMER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF NEW CUMBERLAND, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 618 4TH STREET, NEW CUMBERLAND, PA 17070. DBV 280, PAGE 3205, AND PARCEL #25-25-0006-106. 1. The name and address of the owner or reputed owner: Bryan E. Homer 618 4th Street New Cumberland, PA 17070 2. The name and address of the defendant in the judgment: Bryan E. Homer 618 4th Street New Cumberland, PA 17070 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. Bank National Association as successor by PLAINTIFF merger of U.S. Bank National Association ND Hogg Properties 223 Francis L Cadden Parkway Harrisburg, PA 17111 4. The name and address of the last record holder of every mortgage of record: U.S. Bank National Association as successor by PLAINTIFF merger of U.S. Bank National Association ND 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant(s) 618 4th Street New Cumberland, PA 17070 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF Notary Public ONW 4LLI. I P PENNSYLVANIA NGtertoi $Pdj Maryssth Ackerman, Notary Public City of Pittsburgh, Allegheny County My Commission Expires March 16, 2015 MEMBER, PENNSYLVANIAOCIATION OF NOTARIES Kristine M. Anthou, Esquire Attorney for Plaintiff 2014. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, Plaintiff, vs. BRYAN E. HOMER, Defendant. NO.: 13 -3737 -Civil AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA )SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 618 4th Street, New Cumberland, PA 17070 is Defendant, Bryan E. Homer, whose last known address is 618 4th Street, New Cumberland, PA 17070, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS / DAY OF sk.10 OZ-ki tary Public N r COMMONWEALTH OF PENNSYLVANIA Notarial Seal MaryBeth Ackerman, Notary Public City of Pittsburgh, Allegheny County My Commission Expires March 16, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 2014. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0 U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, ^ r NO.: 13 -3737 -Civil Plaintiff, G �a vs. y ?. .—S C.0 BRYAN E. HOMER, Defendant. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA )SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on October 23, 2012, Defendant was mailed a Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notice") in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. Plaintiff was not required to send Defendant a separate Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq., as a result of sending the Act 91 Notice. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF Ike 2014. LI)&J QJ.LVI2 Notary Public COMMONW 1111 QF P. NNSYLVANIA Notorlal Seal Mary2eth Ackarman, Notary Public City of Pittsburgh, Alleghany CountY CommYSlun Expires March 16, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13 -3737 -Civil Plaintiff, vs. BRYAN E. HOMER, Defendant. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA )SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on October 23, 2012, Defendant was mailed a Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notice") in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. Plaintiff was not required to send Defendant a separate Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq., as a result of sending the Act 91 Notice. SWORN TO AND SUBSCRIBED BEFORE ME THIS _ _ DAY OF OI 2014. 6e/6)V 4.049A Notary Public COMM•NWP.,RLT i CF PENNSYLVANIA Notarial Seal MaryReth Ackanrarl, Notary Public City of Pittsburgh, AUQgheny County Commisslon Expire$ March 16, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13 -3737 -Civil Plaintiff, vs. BRYAN E. HOMER, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Bryan E. Homer 618 4th Street New Cumberland, PA 17070 C • TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2"d Floor 1 Courthouse Square Carlisle, PA 17013 on September 3, 2014, at 10:00 A.M., the following described real estate, of which Bryan E. Homer is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRYAN E. HOMER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF NEW CUMBERLAND, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 618 4TH STREET, NEW CUMBERLAND, PA 17070. DBV 280, PAGE 3205, AND PARCEL #25-25-0006-106. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, Plaintiff, vs. Bryan E. Homer, Defendant, at Execution Number 13 -3737 -Civil in the amount of $185,371.23. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By Vi e_ c_ ;0'(C..__. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS CIVIL DIVISION SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, Plaintiff, vs. BRYAN E. HOMER, Defendant. NO.: 13 -3737 -Civil LONG FORM DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Gerrit J. Betz Associates, Inc., dated January 11, 1977, as follows: BEGINNING at a point on the east side of Fourth Street, said point being 75 feet north of the northeast corner of Rosemont Avenue and Fourth Street; thence along the east side of Fourth Street, North 23 degrees 30 minutes East, 25 feet to a corner of premises known as Lot No. 23 on the hereinafter mentioned Plan of Lots; thence along said lot, South 66 degrees 30 minutes East, 140 feet to a point on the west side of Ruby Avenue; thence along the same, South 23 degrees 30 minutes West, 25 feet to a corner of premises known as Lot No. 21 on said Plan of Lots; thence along said premises and passing through the center of a partition wall, North 66 degrees 30 minutes West, 140 feet to the point and place of BEGINNING. BEING Lot No. 22 on Plan of Buttorf Section H, recorded in Cumberland County Deed Book N, Volume 5, Page 498. HAVING THEREON ERECTED a two and one-half story frame dwelling known as 618 Fourth Street, New Cumberland, Pennsylvania. BEING Parcel No. 25-25-0006-106 BEING the same premises which Bryan E. Homer and Christina L. Homer, by Deed Dated May 25, 2007 and recorded in the Office of the Recorder of Cumberland County on June 26, 2007 in Deed Book Volume 280, Page 3205, granted and conveyed unto Bryan E. Homer. Parcel #25-25-0006-106 By. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND Vs. NO 13-3737 Civil Term CIVIL ACTION — LAW BRYAN E. HOMER WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $180,463.53 Interest FROM 4/16/14 TO SALE - $4,907.70 Atty's Comm: Atty Paid: $265.92 Plaintiff Paid: Date: 5/21/14 (Seal) - L.L.: $.50 Due Prothy: $2.25 Other Costs: .2„„eL David D. Bull, Prothonotary Wer1/2e.:4/--- Deputy REQUESTING PARTY: Name: KRISTINE M. ANTHOU, ESQUIRE Address: GRENEN & BIRSIC, P.C. ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13 -3737 -Civil Plaintiff, vs. TYPE OF PLEADING BRYAN E. HOMER, Defendant. Sale date: 9/3/14 SUPPLEMENTAL AFFIDAVIT`1.S PURSUANT TO RULE 3129.1 FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association as successor by merger of U.S. Bank National Association ND COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. 77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13 -3737 -Civil Plaintiff, vs. BRYAN E. HOMER, Defendant. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, Plaintiff in the above -captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Bryan E. Homer, located at 618 4th Street, New Cumberland, PA 17070 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRYAN E. HOMER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF NEW CUMBERLAND, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 618 4TH STREET, NEW CUMBERLAND, PA 17070. DBV 280, PAGE 3205, AND PARCEL #25-25-0006-106. 1. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Christina Homer 316 5th Avenue New Cumberland, PA 17070 Christina Homer P.O. Box 624 New Cumberland, PA 17070 I verify that the statements made in the Supplemental Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. SWORN TO AND SUBSCRIBED BEFORE ME THISDAY O LJ 11. ,.x.' .iD.: �421°) COM tary Public NWEALTH 0 `EN • Notarial Seal MaryBeth Ackerman, Notary PIJ U€ City of Pittsburgh, AIlcvl?oy Cog!i My Commission Expires Mar> h $©i4 MEMBER, PENNSYLVANIA A5SOCIAfit llT3�TA?? 2014. GRENEN & BIRSIC, P.C. BY-/`-��.c� Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13 -3737 -Civil Plaintiff, vs. TYPE OF PLEADING BRYAN E. HOMER, Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE Defendant. DEFENDANTS/OWNERS Sale date: 9/3/14 FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association as successor by merger of U.S. Bank National Association ND COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. 77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13 -3737 -Civil Plaintiff, vs. BRYAN E. HOMER, Defendant. Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M. Anthou, Esquire, Attorney for Plaintiff, U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on September 3, 2014 as follows: 1. Bryan E. Homer is the owner of the real property and has not entered an appearance of record. 2. On September 20, 2013, this Court entered an Order authorizing Plaintiff to serve Defendant, Bryan E. Homer, by causing the Sheriff of Cumberland County to post the real property at 618 4th Street, New Cumberland, PA 17070, by certified mail, return receipt requested and by first class mail, postage prepaid, addressed to 618 4th Street, New Cumberland, PA 17070. A true and correct copy of the Order is marked as Exhibit "A" attached hereto and made a part hereof 3. Pursuant to the Order and Pa R.C.P. 3129.2 (C) on May 29, 2014, the undersigned counsel served Defendant, Bryan E. Homer, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, return receipt requested, and regular U.S. mail postage prepaid, addressed to 618 4th Street, New Cumberland, PA 17070. A true and correct copy of the U.S. Postal Service form 3800, Article Number 7013 2630 0000 0393 9262 and the Certificate of Mailing, evidencing service by certified mail and first class mail on the Defendant, are marked Exhibit "B", attached hereto and made a part hereof. 4. On June 17, 2014, Sheriff's Office of Cumberland County posted the property located at 618 4th Street, New Cumberland, PA 17070. A true and correct copy of Sheriff's return of Service is marked Exhibit "C", attached hereto and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. SWORN TO AND SUBSCRIBED BEFORE ME THI ibt DAY O j , 2014. Notary Public F rENSYLVANIA Notarial Seal Mery3eth Ackar-gr, Nary Public City of Pittsburgh, Allegheny County My Cornmisslon Expires March 16, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, Plaintiff, vs. BRYAN E. HOMER, Defendant CIVIL DIVISION NO.: 13-3737 Civil ORDER OF COURT AND NOW, to wit, this 26' day of , 2013, upon consideration of the within Motion for Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Sheriff of Cumberland County is hereby directed to serve Defendant, Bryan E. Homer, with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure by posting the property at 618 4th Street, New Cumberland i Pennsylvania 17070 and Plaintiff is permitted to serve Defendant by certified mail, return receipt requested and by First Class U.S. Mail, postage pre- paid at 618 4th Street, New Cumberland, Pennsylvania 17070. Service on the Defendant hall be deemed complete and valid upon posting by the Sheriff and mailing by the Plaintiff. BY THE COURT: iJ.S. Postal ServiceTM ..~, CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ru -D ru a am m O d 7013 2630 For delivery information visit our website at www.usps.com® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 5 Stre ,, Apt. No.; or PO Box No. C Sl, e, ZIP+4 PS Form 3800, August 2006 OS PO; Name and Address of Sender Grenen & Birsic, P.C. One Gateway Center, 9th Floor Pittsburgh, PA 15222 Check type of mail or service: 0 Certified 0 COD 0 Recorded Delivery (International) 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation 0 Insured Affix Stamp (If issued as a certificate of mailing, or for additional copies of this Postmark and Date of Receipt Fee Here bill) Handling Charge 2 2014 5.:1;, ' 'clit-N94 4,-.,,...., s ,.. 7 1.4_1"4 f.;: -ver: - :412117/ is. 02 1P 0000801039 AILED Due Sender if COD --",- FROM DC Fee BOWES 29 1 RD Fee 2014 5222 RR Fee —PITNEY $ ZIP SC Fee 002.82° MAY CODE SH Fee 0 Actual Value If Registered Insured Value Article Number Addressee (Name, Street, City, State, & Zip Code) Postage 1. Bryan E Homer 618 4th Street New Cumberland, PA 17070 .48 .47 2. Hogg Properties 223 Francis L Cadden Parkway Harrisburg, PA 17111 .48 .47 Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 .48 .47 4. PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 .48 .47 5. Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 .48 .47 6. Tenant(s) 618 4th Street New Cumberland, PA 17070 .48 .47 8. Total Number of Pieces Listed by Sender 6 Total Number of Pieces Received at Z t7Office Postmaster, Per Name f receiving employee) •'1/‘/,..--.-.' 1_0 IV- See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Page 1 of 2) 79-237 ZD (NOS) / Comfegby Typewriter, Ink, or Ball Point Pen Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor D d SHERIFF'S OFFICE OF CUMBERLAND COUNTY vow pt empty OFFIt r," THE SR EF IFF U.S. Bank National Assocation vs. Bryan E. Homer Case Number 2013-3737 SHERIFF'S RETURN OF SERVICE 06/17/2014 06:03 PM - Deputy Dawn Kell, 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 618 4th Street, New Cumberland, PA 17070, Cumberland County. 06/17/2014 06:03 PM - Deputy Dawn Kell, 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: Bryan E. Homer, pursuant to Order of Court by "Posting".the premises located at 618 Fourth Street, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County with a true and correct copy according to law. SHERIFF COST: $955.24 SO ANSWERS, July 08, 2014 RECEIVED JUL 21 2014 {'-•i CountySude Sheritt, Teleosott, Inc. RONR ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION`0,1 ) c-> AS SUCCESSOR BY MERGER OF U.S. c_ --- ---+ BANK NATIONAL ASSOCIATION ND, ��F' NO.: 13-3737-CivilCo ' r, Plaintiff- , 4.cp " vs. TYPE OF PLEADING 7 c-) -- z. 3 F- ;T,, BRYAN E. HOMER, Pa. R.C.P. RULE 3129.2(c)(2) =- `:,.? PURSUANT TO RULE 3129.1 Defendant. LIENHOLDER AFFIDAVIT OF SERVICE FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association as successor by merger of U.S. Bank National Association ND COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. 77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sale date: 9/3/14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, Plaintiff, vs. BRYAN E. HOMER, Defendant. NO.: 13 -3737 -Civil Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Attorney for Plaintiff, U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1, as well as all persons named in Plaintiff's Supplemental Affidavit pursuant to Rule 3129.1 as follows: 1. By letters dated May 29, 2014, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. 2. By letters dated July 24, 2014, undersigned counsel served the persons named in Plaintiffs Supplemental Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective address set forth in the Supplemental Affidavit Pursuant to Rule 3129.1. A true and correct copy of said Supplemental Affidavit Pursuant to Rule 3129.1 and Certificate of Mailing are marked Exhibit "B", attached hereto, and made a part hereof I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF Uou4bqbd Notary Public F RENNS (VANIA '1 Notarial Sea! MeryBeth AckerMgn, Notary public City of bittt3burgh, Aliepner,y County My Comm15$1orr Ex Wu March 16 2015 MBER PENNSYLVANIA A 0 ME IA ON OF NOTANIB 2014. GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, Plaintiff, vs. BRYAN E. HOMER, Defendant. NO.: 13 -3737 -Civil AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA )SS: COUNTY OF ALLEGHENY U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Bryan E. Homer, located at 618 4th Street, New Cumberland, PA 17070 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRYAN E. HOMER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF NEW CUMBERLAND, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 618 4TH STREET, NEW CUMBERLAND, PA 17070. DBV 280, PAGE 3205, AND PARCEL #25-25-0006-106. 1. The name and address of the owner or reputed owner: Bryan E. Homer 618 4th Street New Cumberland, PA 17070 2. The name and address of the defendant in the judgment: Bryan E. Homer 618 4th Street New Cumberland, PA 17070 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. Bank National Association as successor by PLAIN 11FF merger of U.S. Bank National Association ND Hogg Properties 223 Francis L Cadden Parkway Harrisburg, PA 17111 4. The name and address of the last record holder of every mortgage of record: U.S. Bank National Association as successor by PLAINTIFF merger of U.S. Bank National Association ND 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant(s) 618 4th Street New Cumberland, PA 17070 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS61411 DAY OFL/(2 2014. a, .11 ALiti Notary Public ONWEAL I4 0 PENNSYLVANIA Natarlal Seal MaryReth Ackerman, Notary Public City of Pittsburgh, Allegheny County My Commisalon Ex.lres March 16, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES .cpAsP% 411MIII11111111111111, Name and Address of Sender Grenen & Birsic, P.C. One Gateway Center, 9th Floor Pittsburgh, PA 15222 Check type of mail or service: 0 Certified 0 Recorded Delivery (International) 0 COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmationa 0 Insured Affix Stamp (If issued as a certificate of or for additional copies of this Postmark and Date of Receipt Fee Here mailing, bill) Handling Charge 11.1 2u 2014 ,, .,.t,. ii .4-:.i!,"_;:m4j! - •vri 1.R...b.:. , 02 1P o 0000801039 - .5.7t... MAILED lie' FROM DC Fee BOWES 29 15222 RD Fee 2014 RR Fee ZIP SC Fee PITNEY $ 002.82° MAY CODE SH Fee elr Due Sender if COD Article Number Addressee (Name, Street, City, State, & Zip Code) Postage Actual Value If Registered Insured Value 1. Bryan E. Homer 618 4th Street New Cumberland, PA 17070 .48 .47 2. Hogg Properties in 223 Francis L Cadden Parkway Harrisburg, PA 17111 .48 .47 7. Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 .48 .47 4. PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 .48 .47 5. Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 .48 .47 6. Tenant(s) 618 4th Street New Cumberland, PA 17070 .48 , .47 - R 8. Total Number of Pieces Listed by Sender 6 Total Number of Pieces Received at P t Office Postmaster, Per Name f receiving employee) 1 . -LY 2,:fg, See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Page 1 of 2) 79-237 ZD (NOS) Comet by Typewriter, Ink, or Ball Point Pen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13 -3737 -Civil Plaintiff, vs. TYPE OF PLEADING BRYAN E. HOMER, SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 Defendant. FILED ON BEHALF OF PLAINTIFF: U.S. Bank National Association as successor by merger of U.S. Bank National Association ND COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. 77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sale date: 9/3/14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION CIVIL DIVISION AS SUCCESSOR BY MERGER OF U.S. BANK NATIONAL ASSOCIATION ND, NO.: 13 -3737 -Civil Plaintiff, vs. BRYAN E. HOMER, Defendant. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY U.S. Bank National Association as successor by merger of U.S. Bank National Association ND, Plaintiff in the above -captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Bryan E. Homer, located at 618 4th Street, New Cumberland, PA 17070 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRYAN E. HOMER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF NEW CUMBERLAND, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 618 4TH STREET, NEW CUMBERLAND, PA 17070. DBV 280, PAGE 3205, AND PARCEL #25-25-0006-106. 1. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Christina Homer 316 5th Avenue New Cumberland, PA 17070 Christina Homer P.O. Box 624 New Cumberland, PA 17070 I verify that the statements made in the Supplemental Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. SWORN TO AND SUBSCRIBED BEFORE ME THIS _ DAY 0 k A 1. 1.1.41.' 4•14211) L.._ tart' Public NWI ALTH OF PEN Notarial Seal MaryBcth Ackerman, Notary PO City of Pittsburgh, AlleQllwny Minty My Commission Expires Mari h 1§ Yet§ MEMBER, PENNSYLVANIA ASSOCIA` VN pk C l 2014. GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 ��P'(F.S POST' Name and Address of Sender Grenen & Birsic,P.C. One Gateway Center, 9th Floor Pittsburgh, PA 15222 Check type of mail or service: 0 Certified 0 Recorded Delivery (International) ❑ COD ❑Registered ❑Delivery Confirmation 0 Return Receipt for Merchandise InsMail 0 Signature Confirmation ❑ured Affix Stamp (If issued asa certificate of or for additional copies of this Postmark and Date of Receipt Fee Here mailing, bill) Handling Charge Actual Value If Registered f 4 ►� �+i,_. 7 c#; ; i (:, " + :4,:.02 1 + F a•, 0000801039 •''-' MAILED t, . 242014 15222 RD Fee Es, 0 RR Fee �Y P FROM DC Fee $ ZIP SC Fee PITNEY ®2.�® JUL CODE Fee Insured Value Due Sender if COD Article Number Addressee (Name, Street, City, State, & Zip Code) Postage 1. Christina Homer 316 5th Avenue New Cumberland, PA 17070 .48 1.30 2. Christina Homer P.O. Box 624 New Cumberland, PA 17070 .48 1.30 3. 4. ,/- f 5., ,'. • 6. { Zzst sc, 7. f� s��lllr 'tic' Noti`4ySY z 8. Total Number of Pieces Listed by Sender 2 Total Number of Pieces Received a st Office ° Postmaster, Per (Name of rece" g employee) -\ , _ ,,i." _( ` 96 2, 60 See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Page 1 of 1) 79-237 Homer (NOS) zd pewriter, Ink, or Ball Point Pen GRE14EN 8z.131161C, P .C. One Gateway Center, inth Floor Pittsburgh, P RE.CE.1\1 ED 10, 1 0 1014 1%, s d ar'Ne„.. _ •0••••,'" indsrolir .3 (4410y "000.1."rnw PITNEY yowes 02 1 $ 000.48° 0000801039 JUL 24 204 P • MAILED FROM ZIP CODE 152.22 Christina Horner 7 6 -070 0 7 316 5th A 1 -venne New Curnberlz A I's' -I D E.R1-r:ITS:4P03171 °E. - 10% RESSe 0 tA 0 .NF, 1\l‘iii\o\A‘Alko.Allii\11\1111.:11ato.ty.: 7070 : :i1gCOOf 1505222.01.ssz Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF' THE $1' IFF Cf i i r,NUROiHOo„ Hill 0:47 CUMBERLAND COUNTY PENNSYLVANIA U.S. Bank National Assocation Case Number vs. Bryan E. Homer 2013-3737 SHERIFF'S RETURN OF SERVICE 06/17/2014 06:03 PM - Deputy Dawn Kell, 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 618 4th Street, New Cumberland, PA 17070, Cumberland County. 06/17/2014 06:03 PM - Deputy Dawn Kell, 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: Bryan E. Homer, pursuant to Order of Court by "Posting" the premises located at 618 Fourth Street, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County with a true and correct copy according to law. 09/03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Kristine M. Anthou, on behalf of U.S. Bank National Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,227.09 SO ANSWERS, October 07, 2014 c) Co:untyStEs Sneritf, 1eleoscft, Inc. RPR ANDERSON, SHERIFF On May 23, 2014 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Known and numbered as, 618 4th Street, New Cumberland, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: May 23, 2014 By: Q.k.2 Real Estate Coordinator LXIII 29 CUMBERLAND. LAW JOURNAL 07/18/14 Writ No. 2013-3737 Civil O.S. BANK NATIONAL • ASSOCATION. , vs. • BRYAN E. HOMER Atty.: Kristine M. Anthou ALL THAT CERTAIN lot or piece of land situate in -the' Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and de- scribed in'accordance with a survey, and plan thereof made by Gerrit J. Betz Assocites, dated January 11,1977,- as follows: • • • BEGINNING at a point on the east side of Fourth Street, said fioint being 75 feet north of the northeast corner of Rosemont Avenue and Fourth 'Sdeet; thence along the east side of Fourth Street, North 23 degrees 30'minutes East, 25 feet to a comer of premises known as Lot No. 23 on the hereinafter mentioned Plan of Lots; thence along said lot', South 66 degrees 30 minutes East, 140 feet' to a point on the west side - of Ruby Avenue; thence along the same, South, 23,clegrees 30 minutes West; 25 feet to a corner of premises , known .as Lot N0.2 I on said Plan of Lots; thence along said premises and passing through the center of a partition 'wall, North 66 degrees 30 minutes West, 140 feet to the point and place of BEGINNING. r• 1. • BEING Lot No. 22 on Plan of But- torf Section H, recorded in Cumber- land County Deed Book N, Volume 5, Page 498. HAVING THEREON ERECTED a two and one-half story frame dwell- ing known as 618 Fourth Street, New Cumberland, Pennsylvania. BEING Parcel No. 25-25-0006- I 06. BEING the same premises which , Bryan E. Homer and Christina L. Homer, by Deed Dated May 25, 2007 and recorded in the Office of the Recorder of Cumberland County on 60 June 26, 2007 in Deed Book Volume 280, Page 3205, granted and con- veyed unto Bryan E. Homer. ALL THE RIGHT, TITLE, INTER- EST AND CLAIM OF BRYAN E. HOMER, OF, IN AND TO THE FOL- LOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DE- SCRIBED REAL ESTATE SITUATED IN THE I3OROUGH OF NEW CUM- BERLAND, COUNTY OF CUMBER- LAND, AND COMMONWEALTH OF PENNSYLVANIA, HAVING ERECTED THEREONA DWELLING BEING KNOWN AND -NUMBERED AS 618 - 4TH STREET, NEW CUMBERLAND, PA 17070. DBV 280, PAGE 3205, AND PAR- CEL #25-25-0006-106., ExecutiOn No. The Patriot -News Co. 1900 Patriot drive Mechanicsburg, PA 17059 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the atriotXcws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, 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. 20134737 Civil zill.S. BANK NATI NAL ASSOCIATI vs. BRYAN E. HOMER Atty: Kristine M Anthou ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, Cumberland. County, Pennsylvania, bounded and described in accordance with asosurveyJ. and plan thereof made by Betz Associates, Inc., dated January 11,1977, as follows: ion the east BEGINNING at a point ntint being side of Fourth Street,, p° 75 feet north of the northeast corner of Rosemont Avenue and Fourth Street; thence along the side of Fourth Street, Nod �� 30 minutes East, 25 feet to a comer of Premises known as Lot No. 23 on the 1111 This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 bscribed before me this 20 day of August, 2014 A.D. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sheryl Mane Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which U S Bank N A is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 21st day of May, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 3737, at the suit of U S Bank N A against Bryan E Homer is duly recorded as Instrument Number 201424922. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this e-3© 6 -5 order y a eds, Cumberland County, Carlisle, PA - My Commi ion Expires the First Monday of Jan. 2018 day of ecorder of Deeds 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: July 11, July 18 and July 25, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L a Marie Coyne, E4litor SWORN TO AND SUBSCRIBED before me this 25 day of July, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018