HomeMy WebLinkAbout13-4301 Supreme C_ottr" ennsylvania
Cour� t)Dco�mmo leas For Prothonotary Use Only: �r
G I�,il
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Docket No:
Curt be - d County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules ofcourt.
Commencement of Action:
S 0 Complaint 0 Writ of Summons Petition
Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiffs Name: Lead Defendant's Name:
U.S. Bank National Association, et al. Deborah M. Snyder
T I Dollar Amount Requested: 0 within arbitration limits
I Are money damages requested? 0 Yes IT No (check one) [@ outside arbitration limits
O
N Is this a Class Action Suit? 0 Yes E No Is this an MDJAppeal? 0 Yes [@ No
A Name of Plaintiff /Appellant's Attorney: Kristine M. Anthou, Esquire
0 Check here if you have no attorney (are a Self- Represented [Pro Sep Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment
0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections
0 Nuisance 0 Dept. of Transportation
0 Premises Liability 0 Statutory Appeal: Other
S 0 Product Liability (does not include
mass tort) 0 Employment Dispute:
E 0 Slander/Libel/ Defamation Discrimination
0
0 Other: Employment Disputc: Other 0 Zoning Board
0 Other:
T
I 0 Other:
O MASS TORT
0 Asbestos
N 0 Tobacco
0 Toxic Tort -DES
0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration
0 Other: 0 Eminent Domain /Condemnation ®i Declaratory Judgment
B 0 Ground Rent Mandamus
0 Landlord/Tenant Dispute 0 Non - Domestic Relations
Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosurc: Commercial 0 Quo Warranto
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0 Other Professional:
Updated 1/112011
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, if
NO..
Plaintiff,
Vs. TYPE OF PLEADING
DEBORAH M. SNYDER, 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
i
PARTY:
ATTORNEY FOR PLAINTIFF
Kristine M. Anthou, Esquire
I HEREBY CERTIFY THAT THE ADDRESS Pa. I.D. #77991
OF THE PLAINTIFF IS:
425 Walnut Streetu
Cincinnati, OH 45202
GRENEN & BIRSIC, P.C. r, '
AND THE DEFENDANT IS: One Gateway Center cri 4v ti
5 Pamela Place : >
Mechanicsburg, PA 17050 Ninth Floor
Pittsburgh, PA 15222��' -,
CD
/` (412) 281 -7650 = CYD ci
z21 5�J
ATTORNEY-FOR PLAINTIFF
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
5 Pamela Place
Township of Silver Springs
(CITY, BORO, TOWNSHIP,WARD)
A its,
ATTORNEY FOR PLA TIFF
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.
DEBORAH M. SNYDER,
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.
DEBORAH M. SNYDER,
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, Deborah M. Snyder, is an individual whose last known address is
5 Pamela Place, Mechanicsburg, Pennsylvania 17050.
3. On or about Ma y 23, 2007, Defendant e xecuted a Note in favor of Fidelity
Mortgage, a division of Delta Funding Corporation in the original principal amount of
$209,000.00. A true and correct copy of said Note is marked Exhibit "A ", attached hereto and
made a part hereof.
4. On or about May 23, 2007, as security for payment of the aforesaid Note,
Defendant made, executed and delivered to Mortgage Electronic Registration Systems, Inc., as
Nominee for Fidelity Mortgage, a division of Delta Funding Corporation a Mortgage in the
original principal amount of $209,000.00 on the premises hereinafter described, said Mortgage
being recorded in the Office of the Recorder of Deeds of Cumberland County on June 1, 2007 in
Mortgage Book Volume 1944, Page 2015. 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 201234579. 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 March 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 $203,753.44
Interest to 4/1/13 $ 14,968.10
Late Charges to 4/1/13 $ 1,590.87
Escrow Deficiency $ 3,182.68
Corporate Advances $ 869.77
Attorney's fees $ 925.00
Foreclosure Costs $ 306.50
TOTAL $225,596.36
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $225,596.36 with interest thereon at the rate of $35.15 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.
GRENEN & BIRSIC, P.C.
BY: �`L✓ -L
Kristine M. Anthou, $squire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281 -7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
loan :tMr Y1
NUTS:
Mav 23, 2007 Mechanicsburg PA
5 Pam ela Place, Mechan icsburg, P A 170511
1. BORROWER'S PRO'tiIISE TO PAY
In return for a loan that I have received, I promise to pay US. S 209,000.00. (this amount is called
"Principal "), plus interest, to the order of the Lender. The Lender is Fidelity Mortgage a division of DON
Funding Corporation. I will make all 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 Ifolder."
2. INTEREST
Interest will he charged on unpaid principal until the full amount of Principal has been paid. I will pay
interest at a yearly rate of 7.990 %.
The interest rate required by this Section 2 is the rate 1 will pay both before and after any default
described in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1 st day of each month beginning on July ist, 2007. I will
make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due
date and will be applied to interest before Principal. If, on June Ist, 2036,1 still owe amounts under this i\ote, l
will pay those amounts in full on that date, which is called the "-Maturity Date."
I will make my monthly payments at fist Anderson Drive Building 6 Suite 600 Pittsburgh, PA 15220 or
at a different place if required by the Note Ifolder.
(B) Amount of Monthly Payments
My monthly payment will he in the amount of I.J.S. $1,545.04.
4. BORROWER'S RIGHT TO PREPAY
i have the right to make payments of Principal at any time before they are due. A payment of Principal only
is known as a "Prepayment." When 1 make a Prepayment, I will tell the Note I folder in writing that 1 am doing so.
1 may not designate a payment as a Prepayment if f have not made all the montltly 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 of Principal that 1 owe under this Note. However, the Note
I folder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying
my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will he no
changes in the due (late or in the amount of my monthly payment unless the Note holder agrees in writing to those
changes.
5. LOA` CHARGES
if a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that
the interest or other loan charges collected or to be collected in connection with this 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 rue which exceeded permitted limits 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 reduces Principal, the reduction will be treated as a partial Prepayment.
MULTtSTATFF1Xt:Ur2AT£ - Singkramdy— fanatrNte/ ircddir ?1�cUN1FON3t1%S'rRUMt:N7 Form 3200 1101(1.1p for tfgvl FMCK)
(Modifications in brackets)
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1 L UOR1 : GINALTRUEC
Ually1 W. King
6. BORROWER'S FAiLURE TO PAY AS REQUiRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5% 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, l 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. 'chat (late must beat least 30 days after the
date on which the notice is mailed to me or delivered by other means.
(D) No Waiver By Vote Holder
Even if, at a time when I am in default, file Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
(F.) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will
have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees.
7, GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note
will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a
different address if 1 give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by
mailing it by first class mail to the Note Ftoldcr at the address stated in Section 3(A) above or at a different address
if I am given a notice of that different address.
fi. OBLIGATIONS OF PERSONS UNDER. THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the
promises made in this Note. The Note Holder may enforce its rights under this Note against each person
individually or against all of us together. This means.that any one of us may be required to pay all of the amounts
owed under this Note.
9. WAIVERS
i and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice
of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not
been paid.
10. UNIFORM SECURED NOTE.
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed ((he "Security
Instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result if
1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what
conditions I may be required to make immediate payment in full ofall amounts I owe under this Note. Some of
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Burrower 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. I fowever, this option shall not he exercised by Lender if such
exercise is prohibited by Applicable Law.
NJU1,T1S1'ATF. FIXED RATE: NOTE —Single Frmdy—Fannie %LdFreddie Mse UNIFORM INSTRUMENT Form 3200 1101 f(wer l of3POVS)
c: r RTIFIEU OwG1NALTRl3E COPY
Danlw.King
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
(Seal)
Deborah M. Snyder
(Seal)
(Seal)
(Seal)
(Sign Original Only]
CERTIFIED UR]GINAL TRUE COPY
Darryl W. King
MUI. MSTA TE FIXED RA I' t:. NOTF. — Singlet' aTily— FannleJ ladFrcdd ieMstUY1FOR.N1INS'TRUNIENT Form 3209 1101!ywgtiofIpased)
RIDER TO NOTE
This rider supplements the attached Note ( "Note ") dated May 23rd, 2007. The terms of this rider shall
supersede any language to the contrary located in the attached Note or any other document executed in
connection with this transaction. This rider SHALL apply unless: 1) the Security Instrument and/or Note are
assigned to a government sponsored entity such as Fannie Mae or Freddie Mac ( "GSE's ") and the provisions
arc not permitted by the GSE's; OR 2) the provisions arc prohibited by applicable law. If any provisions are
prohibited the prohibited portions shall be removed, but the remaining terms shall be effective.
Prepayment penalty: Notwithstanding anything to the contrary in the Note regarding Borrower's Right
to Prepay, in the event the debt secured by the mortgage /security instrument is prepaid, the borrower
will be subject to a prepayment penalty as follows...
"The Debt secured by this mortgage may be prepaid, in whole or in part, at any time. however, should
such prepayment he made within the first three years from the date of the loan, there shall be paid to the
holder of this mortgage a sum equal to S% of the amount prepaid."
If borrower prepays up to 20% of the unpaid principal balance in any 12 month period the prepayment penalty
is in effect, there shall be no prepayment penalty. However, if the borrower prepays any amount more than 20%
in any 12 month period the prepayment penalty is in effect, the penalty is calculated on the entire amount
prepaid.
Deborah M. Snydcr DATE.
C1. O R1GINALTRUE COPY
U W. King
III I I�II�Illl lllllll l ll��l�illll�ll�l�fl�lll l llllllllllllll )111111 021227
ALLGNGE
RF.: Dcbnrah M. Snyder
LOAN #: AUMMM
PROPERTY ADDRESS: 5 Pamela Place. Mechanicsburg, PA 17050
ADDRESS t+2:
ADDRESS 43:
PAY TO THE ORDER OF:
WITI[OUT RECOURSE
DELTA FUNDING CORPORATION
BY: �•
Carol Halimann. Vice President
Illflfllllll�lllllf111111fIlllllllfIIIIIIffill1111i111 lIIII� P21(X,K
EXHIBIT "B"
c6'5 93
+ i •,
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1 JU;y I P11 1 02
Alter Recording Return To.
HMO Mortgage SOU !'HEAST EQUITY TIT
LE,
laxt w ° clan ' ad P.O. Sox 250
%V(Whury.14 v�1, t 1797 greenville, Ohio 4$331
AtteJltion: un ntatinn Control l3ept. 3rd 1xx.
ISPace Above This Line For Recording Data)
MORTGAGE. =_
i ENDER:(Fidelih Mortgage a division of Delta Funding Corporation)
LOAN 1i1r�i _
NOMINI:F: MI;RS, ry IN Numberit:100076600001137821
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 arc also provided in Section 16.
(A) "Security Instrument" means this document, which is dated May 23rd, 2007 together
with all Riders to this document.
(K) "Borrower" is Deb rah M. S der. Borrower is the mortgagor under this Security
Instrument. "0*4�
(C) "MERS" is Mortgage Electro6ic Registration Systems, Inc. MFRS is a separate
corporation that is acting solely as a nominee for Fender and Lender's successors and assigns.
INTERS is the mortgagee under this Security Instrument. MFRS is organized and existing
under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint,
MI 48501 -2026, tel. (889) 679 -MERS.
(D) "Lender" is fidelity Mortgage a division of Delta Funding Corporation. Lender is a
corporation or association organized and existing under the laws of New York. Under's address
is 1000 Woodbury Road, Woodbury, New York 11797.
(E) "Note" means the promissory note signed by Borrower and dated May 23rd, 2007. 'fhc
Note states that Borrower owes Lender two hundred nine thousand Dollars (U.S.S209,000.00)
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the
debt in full not later than June I qt, 20.16.
(F) "Property" means the property that is described below under the heading "Transfer of
Rights in the Property."
1'F:NXSYLVANIA—Smr!c i'am•L-- fannlc NTac /F'rAdleMat IINIPUR ?1 INSIRI..N1F. \T Farm 3039 1:01 !page 1 •j16
pag.•y t�TF'.RSI
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(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.
(}I) "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].
❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider
❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) Ispecify)
❑ 14 gamily Rider ❑ Bi%veekly Payment Rider
(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 - appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees,
assessments and other charges that are imposed on Borrower or the Property by a condominium
association, homeowners 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 -sate 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 Proceeds" means any compensation, settlement, award of damages, or
proceeds paid by any third party (other than insurance proceeds paid under the coverages
described in Section 5) for: (1) damage to, or destruction of, the Property; (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.
(U) "Periodic Payment" means the regularly scheduled amount due f'or (i) principal and
interest under the Note, plus (ii) any amounts under Section 3 of this Security Insintment.
(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 party that has taken title to the Property,
whether or not that party has assumed Borrower's obligations under the Note and/or this Security
Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lendcr: (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.
PE.N.NM I.+ ANIA —Single Family— Fannie Mae)Freddie ?lac UNIFUR31 IN }l RUNIVS 1' Form 3034 1101 1poge : ,,f l0
page')
8KI994PG20 IE
For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as
nominee for Lender and I.ender's successors and assigns) and to the successors and assigns of
MFRS, the following described property located in the
County o f CUMBERLAND
See Property Description
which currently has the address of 5 Pamela Place
Mechani ,Pennsylvania 17050 Property Address).
Section: Block: Lot: 5,6,7A
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 additions shall also be covered by this Security Instrument. All of" the
foregoing is referred to in this Security Instrument as the "Property." Borrower understands and
agrees that MFRS holds only legal title to the interests granted by Borrower in this Security
Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for I.ender 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
non - uniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, 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) E=lectronic funds Transfer.
NENNSVI ANIA—SingIc Vamdv_Fannit >laC/frrddir .%1ac UNIFORM INSIRU31r.N7 Fwm 3039 1101 (pap 3 o 16
raXnl (BIERS)
BKI994PG20I7.
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 arc 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 Borrower makes payment to bring the Loan
current. if Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds wi11 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 lnstnrment 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 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 are 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 10. These items are called "Escrow Items." At
origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, it'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.
P►:NNSVIA'AN1 % -5mglc Fnnrh- Faanic dbrl►'addk blur ONOOR%1 ISS1'RUNIEN"Y Form 70 .19 1101 (rWAe 4,/16
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SK 1994PG20 16
Lender may waive. Borrowers 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 Fscrow 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 pen 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 shalt 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 dctmcd 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.
Upcm 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 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 thorn 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
agrectnent;(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 are pending, but only until such proceedings arc concluded; or (c) secures
from the holder of the lien an actrecinent satisfactory to Lender subordinating the lien to this
FENNSYLVANIA— S-nKIe Farm%— Fannie %Iae1Vrcdd1c 31ae UNIFORM INSTRUMENT Fat 3039 1101 (page 3 of 16
po .Ce.) 131 f: Rti1
BKI994PG2019
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.
Il' 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 5 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.
PVN SVI. AMA— Sinp!t Vamdy— F%innir \hrffrrddir %far VNIVOkII INSIR(!MEN r top m.1039 1101 (page 6 of 16
paX«) 1�1F.kt1
BK 1994PG2020
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
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 Borrower'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 arc 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 S 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 [.ender has released proceeds for such purposes. Lcndcr 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 arc not sufficient to repair
or restore the Property, Borrower is not relicvcd of Borrower's obligation for the completion of
such repair or restoration.
Pf,5NSl'l,l',I \IA —$uigk Fammh— Fannie ? tact ►'rcddie Atar UNOORM INSI RUNIVNI Form 3039 IMI 11WXe I n/16
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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.
K. 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 Borrowers 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 are not limited to,
representations concerning Borrower's occupancy of the Property as Borrowers principal
residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security
Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this
Security instrument, (b) there is a legal proceeding that might significantly affect Lender's
interest in the Property and/or rights under this Security Instrument (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 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 he 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. 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.
Borrower shall not surrender the Icaschold 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.
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. It', for any reason, the Mortgage Insurance coverage rquired 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,
Borrowcr shall pay the premiums required to obtain coverage substantially equivalent to the
yfortgage 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.
PFN \ti1'l. \', \NL \ —Smylc Fa mil) — Fannie \laOFreddir filar UNiFORM IN]TINJ\1F:N'r Form 30.19 1101 !page d n /16
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BK ! 994PG2022.
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 nonrefundable 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 camings on such loss reserve. I..endcr 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 Lcndcr 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 nonrefundable 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 14 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 Lendcr 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." Further:
(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.
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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 toss 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
party 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 Lenders
judgment, precludes forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights. under this Security Instrument. The proceeds of any award or claim for
damages that arc attributable to the impainment of Lender's interest in the Property are hereby
assigned and shall be paid to Lender.
PF.N�ti \'!. \'AtiL\ -tic Flo Fam ly- tbnnic Na�lYrrdAic ?gat VNI FORM IWIRI:M N I Form 1019 1ro1 !lwXt 10 of 1e
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8K1994PG2024.-
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property
shall be applied in the order provided for in Section 2.
12. Borrower Not Released; 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 to 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 hound.
Borrower covenants and agrees that Borrower's obligations and liability shall be joint and
several. However, any Borrower who co -signs this Security Instrument but does not execute the
Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant and
convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is
not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that
Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the
co- signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who
assumes Borrower's obligations under this Security Instrument in writing, and is approved by
Lcnder, 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 he 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.
PF.NNSVINANIA —$iayk Fatod > —Fannk .11attFteddir Drat UNIFORM INSIVUSlkN'r Form 10.19 9/01 (PGCr ll of l6
paxr.) UIVRS)
BK 1994PG2025,.
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 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 law of the jurisdiction in which the Property is located.
All rights and obligations contained in this Security Instrument are 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 bender; (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 deed, contract for
deed, installment safes 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. lf' 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.
YC`SSYINA\IA— S.nFic I amd}— Fannic Mor4reddic Msc UNIFORM INS I ROIL.NT Form 3039 1101
�I ERS)
BKI994PG2026.
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 Note as if no acceleration had
occurred; (h) cures any default of any other covenants or agreements; (c) 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 tinder 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. I'lowcvcr, this right to reinstate shall not apply in the case of
acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial
interest in the Note (together with this Security Instrument) can be sold one or more times
without prior notice to Borrower. A sale might result in a change in the entity (known as the
"Loan Servicer ") that collects Periodic Payments due under the Note and this Security
Instrument and pertorms 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 Scrvicer
unrelated to a sale of the Note. If there is a change of the Loan Scrvicer, 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 transtcr of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan Scrvicer other than the purchaser of the vote, the mortgage loan servicing
obligations to Borrower will remain with the Loan Scrvicer 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 15) 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 f'or purposes of this paragraph. The notice of acceleration and opportunity to cure
given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower
pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
M%NSVINANIA— Sin,dr 1'amly- 1'�nnk �I�cl FirdJk 11at li. \II'lN�t I��'iNU�1 F, \'I' Farm 30.19 liol /paXr /J 4/I6
PQXrU ( ?IF.NS)
6KI994PG2027
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, remcdial
action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an
Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
violation of any Environmental Law, (b) which crcatcs an Environmental Condition, or (c)
which, due to the presence, use, or release of a hazardous Substance, creates a condition that
adversely affects the value of the Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of 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 rcmediation 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 f'or 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 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
Securit Instrument, foreclosure by judicial proceeding and sale of the Property. Lender
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 ma foreclose this Security Instrument by
judicial proceeding. Lender shall he 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.
PUN NNYIN ANIA— SmglcFanuK —Vann icllac /F`r0dicNhKUNMORA11\.CIRtl,MKNI
Form 3039 Unl IlwgrlJnjlb
Page (xit:RS)
OU994PG2428.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security
Instrument and the estate conveyed shall terminate and become void. After such occurrence,
Lender shall discharge and satisfy this Security Instrument. Borrower shall 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.
28. 1 certify that address of mortgagee is 1000 Woodbury ltd., P.O. Box 9009 Woodbury,
NY 11797
NENX5�'1,3'n�ln— SiaK1c Tann1 } —Fsnnk Slad►'rcJdlc �tac UNIFORM 1%STHUMENT Form 3039 1 /01 1PdXe 15 6116
pax^) I?IF.H \I
BK 1994PG2029-
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.
Witnesses:
- Seal
Deborah M. Snyder - Borrower
Seal
- Borrower
Seal
-Borrower
Seal
- Borrower
(Space Below This Line For Acknowledgement]
STATE OF PENNSYLVANIA, pambe4r /44J County ss
On this 23rd day of' May , 2007 , before me, the undersigned, a Notary Public in and for said
County, personally appeared De (V014MAM"') rah M. nyder and acknowledged the execution of the
foregoing instrument.
WITNESS my hand and official seal. NOTARIAL SEAL
BARBARA A RICHARDSON
.1v commission Expires: Notary PubUc
NORTH NEWTON on 2008 COUNV CUMBERLAND
My Commtssloh Expires Aug 2, 2008
yotar}• Public
PF\NS\I.\ i. \ \1,0'r jic?bcCNIf()R \IINirRc%irNr torn,Wg 1. 01 tpowe 78nf16
pa;r•i I MFRS)
BKI994PG2030
EXHIBIT "A"
LEGAL DESCRIPTION
All that certain tract or parcel of land and premises, situate, lying and being in the Township of
Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly
described as follows.
Beginning at a point on the southern line of Pamela Place at the dividing line between Lots 5 and
6 as shown on the hereinafter mentioned plan of lots; thence along the dividing line between Lots
5 and 6 South 01 degree 28 minutes 18 seconds west a distance of 210.72 feet to a point at the
dividing line between Lots 5, 6A, and 20; thence along the dividing line between lot 6 and 20 South —
86 degrees 02 minutes 03 seconds West a distance of 183.56 feet to a point at the dividing line
between Lots 6 and 7; thence along the dividing line between Lots 6 and 7 north 41 degrees 05
minutes 25 seconds, East a distance of 134.80 feet to a point at the dividing line between Lots 6,
7 and 6 -A; thence along the dividing line between lots 6 and 6-A North 13 degrees 16 minutes 46
seconds East a distance of 32.55 feet to a point; thence continuing along the same North 20
degrees 57 minutes 53 seconds East a distance of 61.50 feet to a point at the dividing line
between Lots 6, 7, and 6 -A and 7 -A; thence along the dividing line between Lots 7 and 7 -A, North
20 degrees 57 minutes 51 seconds East a distance of 17.74 feet to a point on the southern line of
Pamela Place; thence along the southern line of Pamela Place by a curve to the right having a
radius of 50.0 feet and arc distance of 72.72 feet to a point, said paint being the place of
beginning.
Being known as Lots 6 and 7 -A as shown on final re- subdivision plan of Lots 6 and 7, plan of
Frank D. Potthiger, dated 7/22/85 and recorded 10/18/85 in the office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, in Plan Book 48, Page 110.
.Parcel No. 38.18- 1344-048
8K 1994PG2031.
The an, chcd Ntongagc corers real propeny principally unproved by a one ar four family dwelling.
Premises commonly known ac:
5 Pamth Place, Mechamcshurit, PA 17050
DISTRICT six7ruN BLOCK LOT 5,6,7A
I) Borah M. Snyder
�Il�l�lllll�Ifl�lf �Ia�Ialilalllldl0�l <I�flil0llllallal�10�10 r , : �, T
6K 1994PG2032
EXHIBIT "C"
Inst. # 201234579 - Page 1 of 3
CERTIFIED PROPERTY IDENTIFICATION NUMBERS
38 -18- 1344 -048 - SILVER SPRING
CCGIS REGISTRY 11/08/2012 BY TB
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: 5 Pamela Place, Mechanicsburg, PA 17050
Township of Silver Springs
Parcel No.: 38- 18- 1344 -048
ASSIGNMENT OF MORTGAGE
From Deborah M. Snyder, ) Mortgage Dated: May 23, 2007
Mortgagor ) Mortgage Recorded: June 1, 2007
To Mortgage Electronic Registration ) Mortgage Book Volume 1944, Page 2015
Systems, Inc., as Nominee for )
Fidelity Mortgage, a division of Delta ) in the Recorder's Office of Cumberland
Funding Corporation )
County, Pennsylvania.
Mortgagee )
Amount: $209,000.00
For value received and intending to be legally bound hereby, Mortgage Electronic Registration
Systems, Inc., as rar r Fi delity gage, a vis n of Delta Funding Corporation ( "Assignor ")
does hereby this 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
FIDELITY MORTGAGE, A DIVISION OF
DELTA FUNDING CORPORATION
By:
Na
Title: ^�
Inst. # 201234579 - Page 2 of 3
STATE OF Yi Z )
ss:
COUNTY OF
On this, the o fl 4^6 6 1 -2012, before me, the undersigned officer,
rso ppeared GhfQ LJY , who acknowledged himself /herself to be the
• of ortgage El nic Registration Systems, Inc., as Nominee for Fidelity
Mortgage, a division of Delta Funding Corporation, 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 1 seal.
....... 6
JACOUILINE TODD- WATSON N r blic
Notary Public, State of Ohio
*` •.�: • b - rAy Commission Expires
October 20, 2015
TE O�
Certificate of Residence
1, Brian B. Dutton, Esquire, do certify that the Assignee's precise residence is 205 West 4` Street,
Suite 500, Cincinnati, Ohio 45202.
nsel
Inst. # 201234579 - Page 3 of 3
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE - -
CARLISLE, PA 17013
717 -240 -6370
Instrument Number - 201234579
Recorded On 11/8/2012 At 8:28:58 AM " Total Pages - 3
• Instrument Type - ASSIGNMENT OF MORTGAGE
Invoice Number - 121649 User ID - MBL
• Mortgagor - SNYDER, DEBORAH M
• Mortgagee - U S BANK N A ND
• 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
1 Certify this to be recorded
in Cumberland County PA
o ea. e
RECORDER OF DEEDS
trso
R - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
VERIFICATION
Rachelle Mercado Foreclosure specialis 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
L�
Na e: Rachelle Mercado
Title: Foreclosure special
Snyder
3
FORM 1
U.S. Bank National Association; IN THE COURT OF COMMON PLEAS OF r;
et al. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs)'vr
s� r
vs.� N C:) -ice
Deborah M. Snyder
Defendants) / (� Civil 71 C �C
— l r_ cD C3? _ 4I .. ,
` 7
+' /gar
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 d
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 motorcvcles)• 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 currently payingl
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2" Mortgage Utilities
Car Payments) 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:
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
I/We, authorize the above
named to use /refer this information to my lender / servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I /we
understand that I /we am /are under no obligation to use the services provided by the above
named
Borrower Signature Date
Borrower Signature Date
Please forward this document along with the following information to lender and
lender counsel:
V Proof on income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of a current utility bill
V Letter explaining reason for delinquency and any supporting documentation
V (hardship letter)
Listing agreement (if property is currently on the market)
V Copy of 2 years of federal income tax returns
V Copy of deed
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson _
Sheriff j ... J- `$r;' 4
Jody S Smith ti0_ T E QF,(�T,�����.
Chief Deputy - 36,
D13 AUG
Richard W Stewart
Solicitor OMCE0,-T�: SHERIF= i 3 � 13 GU 1't'
OENNSYLVAWA
U.S. Bank National Association as successor by merger of Case Number
vs.
Deborah M. Snyder 1 2013-4301
SHERIFF'S RETURN OF SERVICE
08/02/2013 06:53 PM - Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing
a true copy to a person representing themselves to be Dereck Snyder, son, who accepted as"Adult
Person in Charge"for Deborah M. Snyder at 5 Pamela Place, Silver Spring Township, Mechanicsburg,
PA 17050. rr
AMANDA COBAUGH, DEPU
SHERIFF COST: $39.30 SO ANSWERS,
August 05, 2013 RON W R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft.Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA
CIVIL ACTION - LAW
U.S. BANK NATIONAL ASSOCIATION NO. 13-4301 Civil
AS SUCCESSOR BY MERGER OF U.S.
BANK NATIONAL ASSOCIATION ND, For Filing:
ANSWER TO COMPLAINT IN
Plaintiff, MORTGAGE FORECLSOURE
VS. Filed on Behalf of Defendant:
DEBORAH M. SNYDER, Jon A. McKechnie, Esq.
PA I.D. #36268
Defendant. Harold Shepley&Associates LLC
209 W. Patriot Street
Somerset, PA 15501
(814) 444-0500; (814) 444-0600 FAX
NOTICE OF APPEARANCE
TO CUMBERLAND COUNTY PROTHONOTARY:
Kindly enter my appearance in the above captioned matter on behalf of Defendant, Deborah M.
Snyder.
Respectfully Submitted,
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n A. McKechnie, Esq. #36268
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Harold Shepley &Associates, LLC MM c.
209 W. Patriot Street
Somerset, PA 15501 �z' cD o
(814)444-0500
(814)444-0600 FAX Q o
jmckechnie@shepleylaw.co c ' `
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA
CIVIL ACTION - LAW
U.S. BANK NATIONAL ASSOCIATION NO. 13-4301 Civil
AS SUCCESSOR BY MERGER OF U.S.
BANK NATIONAL ASSOCIATION ND, For Filing:
ANSWER TO COMPLAINT IN
Plaintiff, MORTGAGE FORECLSOURE
VS. Filed on Behalf of Defendant:
DEBORAH M. SNYDER, Jon A. McKechnie, Esq.
PA I.D. #36268
Defendant. Harold Shepley &Associates LLC
209 W. Patriot Street
Somerset, PA 15501
(814) 444-0500; (814)444-0600 FAX
DEFENDANTS' ANSWER TO PLAINTIFF'S MORTGAGE FORECLOSURE
COMPLAINT
AND NOW, comes the Defendant, Deborah M. Snyder, by and through her attorneys, Jon A.
McKechnie, Esq. and Harold Shepley&.Associates, LLC, and respectfully avers the following in
response to Plaintiff's Complaint in Mortgage Foreclosure:
1). It is only admitted that Plaintiff represents itself in this matter. Any other
representation is a conclusion of law for which no answer is required.
2). Admitted.
3). The document referenced in Paragraph 3 speaks for itself. The description of the
document represents a conclusion of law to which no response is required. To the extent which a
response is required, the allegation is denied and strict proof will be required.
4). The document referenced in Paragraph 4 speaks for itself. The description of the
document represents a conclusion of law to which no response is required. To the extent which a
response is required, the allegation is denied and strict proof will be required.
5). After reasonable investigation, Defendant lacks knowledge or information sufficient to
form a belief as to the truth of the assignment averment contained in paragraph 5 for the reason that
the Defendant was not a party to any alleged assignment, merger and/or transfer.
6). Admitted.
7). Specifically denied. Plaintiff has sole and exclusive possession of the information so
stated and Defendant lacks knowledge or information sufficient to form a belief as to the truth of
the averment contained in paragraph 7.
8). Specifically denied. Defendant lacks knowledge or information sufficient to form a
belief as to the truth of the averments contained in paragraph 8.
9). Paragraph 9 is a legal conclusion to which no response is required and as such is
denied. However,by Plaintiff's own admission, Notice of Intention to Foreclose Mortgage was
not sent to Defendant in contravention of 12 Pa. Code Part I, Subpart D, Chapter 31. Further,
since the alleged breach letter has no confirmation of Defendant's receipt Plaintiff has failed to
establish actual service of the Notice of Intention to Foreclose as set forth in and required by Act
6 via"registered or certified mail at... last known address." 41 P.S. §403(b).
10). Specifically denied. Plaintiff has sole and exclusive possession of the information so
stated and Defendant lacks knowledge or information sufficient to form a belief as to the truth of
the averment contained in paragraph 10. Also, Plaintiff fails to state any legal basis that may
constitute a default or any legal basis that may result in Plaintiff claiming that the entire principal
balance, as well as interest, late charges, escrow deficiency and corporate advances, becomes
immediately due and payable. Further, if such entire principal balance, as well as interest, late
fees charges, escrow deficiency and corporate advances, is to be determined as immediately due
and payable, such averment is based on any alleged executed promissory note that may or may
not contain such language or, to that extent, even exist and therefore is a legal conclusion to
which no response is required and as such is denied.
WHEREFORE, Defendant, Deborah M. Snyder, respectfully demands judgment against the
Plaintiff and for such other and.further relief as this Honorable Court deems just and appropriate.
Respectfully Submitted,
Date: August 29, 2013
J A. McKechnie, Esq.
Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
U.S. BANK NATIONAL ASSOCIATION NO. 13-4301 Civil
AS SUCCESSOR BY MERGER OF U.S.
BANK NATIONAL ASSOCIATION ND, For Filing:
ANSWER TO COMPLAINT IN
Plaintiff, MORTGAGE FORECLSOURE
vs. Filed on Behalf of Defendant:
DEBORAH M. SNYDER, Jon A. McKechnie, Esq.
PA I.D. #36268
Defendant. Harold Shepley &Associates LLC
209 W. Patriot Street
Somerset, PA 15501
(814)444-0500; (814) 444-0600 FAXIN
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Answer was mailed by First Class
U.S. Mail, postage prepaid, to the following counsel of record this 29th day of August, 2013:
Kristine M. Anthou, Esq.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
J A. McKechnie,Esq.
Attorney for Defendants
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,
NO.: 13-4301-Civil
Plaintiff,
vs. TYPE OF PLEADING:
DEBORAH M. SNYDER, 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
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GRENEN & BIRSIC, P.C. -<n w C)
One Gateway Center,91h Floor
Pittsburgh, PA 15222
(412) 281-7650 r-- C)m..
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I
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,
NO.: 13-4301-Civil
Plaintiff,
VS.
DEBORAH M. SNYDER,
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 July 23, 2013.
Respectfully submitted,
GRENEN & BIRSIC, P.C.
Kristine M. Anthou, Esquire
Pa. I.D. #77991
Attorneys for Plaintiff
One Gateway Center, 9th Floor
Pittsburgh, PA 15222
(412) 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
Snyder
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Supplement to Plaintiffs
Complaint in Mortgage Foreclosure was served via First Class, U.S. Mail, postage prepaid,
this day of , 2013, upon the following:
Deborah M. Snyder
5 Pamela Place
Mechanicsburg, PA 17050
GRENEN & BIRSIC, P.C.
BY-
Kristine M. Anthou, Esquire
Pa. I.D. #77991
Attorneys for Plaintiff
One Gateway Center, 9th Floor
Pittsburgh, PA 15222
(4'12) 281-7650