The URL can be used to link to this page

Home My WebLink About05-1774 J> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., CIVIL DIVISION Plaintiff, NO.: OS -/7~l.f ~ c'uL I ~ VS. CYRIL F. PIPAN, TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendant. TO DEFENDANT: You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF , / ~/1" ' /] ( /; .' . L/ / v-V-<'" L r--)..::--, ").. L l. iL. (J.. {,7___. ATTOEY'S FOR PLAINTIFF FILED ON BEHALF OF PLAINTIFF: Mortgage Electronic Registration Systems, Inc. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 909 Hidden Ridge Drive Suite 200 Irving, Texas 75038 .., ({/(--r/L~ lL/ GRENEN & BIRSIC, P.C. One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Township of Lower Allen (CITY, BORO, TOWNSHIP) (WARD) ~~s";o~ ~,.;;,({2,dA" J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., CIVIL DIVISION Plaintiff, NO. : VS. CYRIL F. PIPAN, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages I you must take action wi thin 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 717 249-3166 800 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., CIVIL DIVISION Plaintiff, NO. : VS. CYRIL F. PIPAN, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Mortgage Electronic Registration Systems, Inc., by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Mortgage Electronic Registration Systems, Inc. which has its principal place of business at 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038. 2. The Defendant is Cyril F. Pipan whose last known address is 1124 Columbus Avenue, Apartment 8, Lemoyne, pennsylvania 17043. 3. On or about January 24, 2003, Defendant executed a Note in favor of First Guaranty Mortgage Corporation in the original principal amount of $205,600.00. A true and correct copy of said Note is marked Exhibit ~A", attached hereto and made a part hereof. 4. On or about January 24, 2003, as security for payment of the aforesaid Note, Defendant made, executed and delivered to First Guaranty Mortgage Corporation a Mortgage in the original principal amount of $205,600.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on February 13, 2003 in Mortgage Book Volume 1796 Page 601. A true and correct copy of said Mortgage containing a description of the premises is marked Exhibit "B", attached hereto and made a part hereof 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest on said Note when due. Defendant is due for the November 1, 2004 payment. 7. On or about November 3, 2004, Defendant was mailed combined Act 91 and Act 6 Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. ~101, et seq. 8. The amount due and owing Plaintiff is as follows: Principal Interest to 03/26/05 Late Charges to 03/26/05 Escrow Deficiency to 03/26/05 Corporate Advances Title Search, Foreclosure And Execution costs Attorneys' fees TOTAL $ 194,395.31 $ 8,959.70 $ 751.45 $ 0.00 $ 286.60 $ 2,500.00 $ 800.00 $ 207,693.06 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $207,693.06 with interest thereon at the rate of $50.60 per diem from March 26, 2005, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: GRENEN & BIRSIC, P.C. V"/'~t2( l/./0"j,(aLC ,( elL-- Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" - ft !.Dan No.: E9ND143702A NOTE CERTifiED TRUE COpy January 24, 2003 {Dale] MECHANICSBURG {CIty] Pennsylvania [Slale] 1500 FOX HOLlDi1 ROAD, MEOmNICSBURG, PA 17055-6752 {Properly Addres:] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.s. $ 205,600.00 (this amount is caUed "Principal"), plus interest, to the order of the Lender. The Lender is First Guaranty Mortgage Corporation I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called "Note Holder." Z. INTEREST lnterest wiU be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 9 . 500 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B} of this Note. 3. PAYMENTS (A) Time and Place oCPayments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on March 1, 2003 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 Februaxy 1, 2018 ,I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at Firot Guaranty Mortgage Corporation A'In" Custol1ler Service Dept. 8180 Greensboro Drive, Suite 500, Me Lean, VA 22102 or at a different place if required by the Note Holder. (8) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 2,146.93 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 I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment ifI have not made all the monthly payments due under the Note. Multlstate FIxed Rate Note--Single Famil)'-Jlannle MatJJlreddie Mae UNIFORM INSTRUMENT - TH& COMPLIANCE SOVRCE. 1Ne.- Paget or 3 W'WW.compIlaaw~com Initials:~ _ _ Form 3200 01/01 1.6ll1MU ...... c~.'Ih<~I""._1P<. . " 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 I owe under this Note. However, the Note Holder 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! make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changell. 5. LOAN CHARGES If a law, which applies to this loan and which sets max.imum loan chargell, is finally interpreted so that the interm or other loan charges collected or to bc collected in connection with this loan exceed thc 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 me which exceeded permitted limits will be refunded to mc. The Note Holder may choose to make this refund by reducing thc 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. 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 II late charge to the Note Holder. The amount of the charge will be 10.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default In am in defwt, the Note Holder may send me a written notice telling me that if! do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days atler the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in fun as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expensell in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attomeys' 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 I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by flISt class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, 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 me~ that anyone of us may be required to pay all of the amounts owed under this Note. MuIlistat. Fixed Rate Note-Singl. Family-ll1Inn~ MatIFreddl. MAc UNIFORM INSTRUMENT -THE COll1PtlANCK SOUltCIl, INC..- Page Z of3 www.compIIISI.uOW.Cf.COOI Initia1s:.!2f1. Form 3:100 01101 I1I5OtMU trow 02000, 'lbcQ,mpIIonuSoot<<,lrn:. . ~ !.Dan NO.: E~143702A 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 Thill Note is a uniform instrwnent with limited variations in some jurisdictions. In addition to the protectioD;l given to the Note Holder under this Note, II Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which 1 make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower DUlst pay all sums secured by this Security Instrwnent. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. WITNESS TIlE HAND(S) AND SEAL(S) OF TIIE UNDERSIGNED. ~cf= L F PIP. (Seal) .Borrowcr (Seal) .BolTOwer (Seal) .Borrower (Seal) .Borrower [Sign Original Only] Multlolllt. fued Rate Note--SiDgle Family-FaDnle MatlFreddl. Mae UNIFORM INSTRUMENT -THE COMPLIANCE SOVllCE, INC.- Page 3 oU www.comp~com Fonn 3100 01101 U60IMll 011IO 01000. n..~u""" -"1... EXHIBIT "B" (~ .11 After recording please return to: First Guaranty M::lrtgage Corporation [Company Name] CERTIFIED TRUE COpy [Name of Natural Person] 7067 COIlM3IA GATEWAY DRIVE, 2ND FLOOR [Street Addressl Columbia, MD 21046 {Cily, State Zip Code] [Space Above This LinfJ For RfJcordlng Data] TRISTEN BlANCHARD (877) 423-1400 Ext. MORTGAGE MIN 100031400433003723 DEFINITIONS Words used in multiple sectiollS of this document are defined below and other words are defined in SectiollS 3, II, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in'Section 16. (A) "Security Instrument" means this document, which is dated together with all Riders to this document. January 24, 2003, (B) "Borrower" is CYRIL F PIPAN . Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS Is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number ofF.a. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is First Guaranty Mortgage Corporation Lender is a' organized and existing under the laws of Loan No.: E9ND143702A Initials:Gll? MERS Modified Fonn 3039 Ol/lll . I43DJPA DSIlIO ("'2000, Tho Compliance Sovtec, loc. Pennsyl".nin Mortll"ge-SingJe Family-Fn.nJe MaelFreddle Mac UNIFORM INSTRUMENT -TIIECOMPLJANCESOURCE, INC~ Poge' of14 wwwcompJiancesolll"te-com -. . Virginia Suite 500, M:: Lean, VA 22102 . Lender's address is 8180 GreensJ::x:,ro Drive, (E) "Note" means the promissory note signed by Borrower and dated January 24, 2003 The Note states that Borrower owes Lender 'IW:J Hundred Five Thousand Six Hundr:ed: and ro/100ths Dollars (U.S. $ 205,600.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than February 1, 2018 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): o Adjustable Rate Rider o Balloon Rider o 1-4 Family Rider o Other(s) [specify] o Condominium Rider o Plalilled Unit Development Rider o Revocable Trust Rider o Second Home Rider o Biweekly Payment Rider (I) "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-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous 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: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iY) 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. Loan No.: E9ND143702A InitialsO/!t. MERS Modllled Form 3039 01101 .4JOIPA 08100 02000. The Compfj~e Source, Int. Pennsylv.nla Mortgage-Single Family-F.nnle MaolFreddle Ma. UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 2 of 14 wwwtompliaMaoorw,Cl)Jn - - (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 D.S.C. ~2601 et seq.) and its implementing regulation, Regulation X (24 C.P.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, "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does Dot qualitY 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 Lender; (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfonnance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the county [Type of Recording Jurisdiction] of CU>1BERIlIND {Name of Racording Jurisdiction] TalC ParcalJD No.: 13282430028 SEE LEGAL DESCRIPTION ATmCHED HEREIO AND MADE A PART HEREDF. which currently has the address of MECHANICSBURG {City] Loan No.: E9ND143702A , Pennsylvania 1500 FOX HOLLCW ROAD {Slreal] 170556752 [ZIp Coda] Initial& _ MERS Modified Form 3039 OtlOI ,ml'^ 08J00 C20001 The Compliam:c Source. Jnc. ("Property A~dress"): POIllUyl""nia Mortgage-Single Family-Fannie MaolFreddle Mac UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC~ Page 3 of14 W\YW.OJmpllltftCC$O'oII~C.C'Om - - TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action rcquired 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 coyering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, IInd 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 feturned 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 n federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location liS 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 afe 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 obligatcd 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 will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounls 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 loan No.: E9ND143702A Initial~ _ _ _ Penn.ylvanla Mortgage-8ingle Family-Fannie MaeIFreddle Ma. UNIFORM INSTRUMENT MERS ModlDed Form 3039 01/01 -TilE COMPLIANCE SOURCE, INC.- Page 4 004 1<301PA ...... W'WW compliaru;;C$CIlI'~~ com ()1000. The Compliance SouctC'.lnc. - - 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 bc applied to any late charges due. V oluntaxy 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 extcnd 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, jf any. be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section: Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lcnder may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow hems 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 pennit 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 intercst on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender .the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESP A, 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. Loan No.: E9ND143702A ren.sylvanla MortgageoSingl. Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- PageS of14 wwwcomplinntesoorClu;om Initials:(]{/!.. MERS Modlned Form 3039 01101 14301PA OlIGO 02000, The Compliilll\Cc Source. rn~ - ~ Upon payment in full of all swns secure,d 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, ifany. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over tlris Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within J 0 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. S. 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 precediug 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 co~ection with the review of any flood zone detennination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any pllrticular type or amount of coyerage. 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 ~overage so obtained might significantly exceed the cost of insurance tbat Borrower could have obtained. AllY amounts disbursed by Lender \mder 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 giv~ to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any Loan lib.: E9ND143702A rnitials~ _ -'--_ PenllSylvania Mortgage-Single Family-Fannie MaeIFreddie Ma. UNIFORM INSTRUMENT MERS Modilied Form 3039 OllOt -Tm: COMPLIANCE SOURCE, INc.- Page 6 ofl4 ICOIPA Q8IOO ....ww.complianccsourcc:.com rb~Q()O. Tho Compfill:lcc Soun:c. Ine - ~ 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 tmtil 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 rnstrument, 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'fiIe, negotiate lllld settle any available insurance claim lllld 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 amQunts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of uneamed premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrwnent, 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 exisl which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economicaily feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in counection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieyed of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Bon'ower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materiaily 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 Borrower's 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 loan No.: E9ND143702A Initialdl::l!- _ Pennsylvania l\<lortgag..Single Family-Fannie MaolFreddle Mae UNIFORM INSTRUMENT MERS Modified Form 3039 01/01 -TIlE COMPLIANCE SOURCE, INC.- Pag.? of14 14Ja"A a_ www cornpli3JIWourc~ tOOl 0:1000, The ComplillnCc- Sou~l;. fnc - - 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 andlor assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are 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 secllred 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. ]t is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously proYided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an altemate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) proYided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insllrance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all sllch 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 are on terms and conditions that are satisfactory to the mortgage insurer lInd the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that tlje 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 Loan No.: E9ND143702A Initia1~ _ ~ _ Pennsylvania Mortgage-Single family-Fannie MaoJFreddl. Mae UNIFORM: INSTRUMENT MERS ModlOed Form 3039 01101 -THE COMPLlt\NCE SOURCE, INC.- Page 8 004 ''''''''A -. WWW comphllntml'J'~,(om -1)1000. The CompUMCe Source. rnc;. - . might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk. or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer. the arrangement is often tenned "captive reinsurance." Further: (a) Any such agreements wlIl not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Snch agreements will not increase the amount Borrower will owe Cor Mortgage Insurance, IInd 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 Mortgaglllnsurance under the Homeowners Protection Act of 1998 or any other la)y. These rights may Include the right to receive certain disclosures, to request and obtain cancellation oC the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that wllre unearned at the time of such cancellation or termination. 11. Assignment oC Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby 'assigned to and shall be paid to Lender. If the Property is damaged. such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single 'disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing . or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be req,uired 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 he lessened, the Miscellancous Proceeds shall be app]je~ to the SU/llS 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 ofthe Property, the Miscellaneolls Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secllred immediately before the partial taking, destruction, or loss in value diyided by (b) the fair market value of the Property immediately before the partial taking, dcstruction, or loss in value. Any balance shall be paid to Borrower. In the event ofa 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 SU/llS 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 slims secllred by this Security Instmment, 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. Loan No.: E9ND143702A InitialS(JJ{"t. _ ~ _ MERS Modified Form 3039 01/01 14JOIPA d8lOO 02000, TM Complil1f\'c SOUf'C'~ 'nc Ptnnsylvanla Mortgage-Single Family-FannIe MaeIFreddle Ma. UNIFORM INSTRUMENT -THE COMPUAI'lCE SaUllCl':, 1/'1<:.- Page 9 0[14 www eompliancuoutCot,eom - ~ Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security fnstrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applie<,llo 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 retilse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co.signs this Security Instrument but 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 Instrwnent; (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, modUy, forbear or make any accommodations with regard to the tenus 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 assume Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrwnent. Borrower shall not be released from Borrower's obligations and liability under this SecUlity 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 perfonned in connection with Borrower's default, for the pUlpose of protecting Lender's interest in the Property and rights under this Security Instrwnent, 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 Ihe Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrwnent shall be deemed to have been given Loan No.: E9ID143702A InitialstM12. _ __ Penn>)'l.ania Mortgage-SingJe Family-Fannie M>lolFreddle Ma. UNIFORM INSTRUMENT MERS Modified Form 3039 01101 -THE COMPLlANCESOURCg, INC.-- Page 10 ofl4 WOIPA MlOO www C1ln'IplfQl1eesourc~,com ~2000. n, Compliwe- $0I.m;e, 1"c. - -, to Borrower when mailed by fust class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone 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 anyone 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 lnstnunent is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; SeverablIlty; 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 Instnnnent: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gendcr; (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/he Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Intercst in BOrrower. As used in this Section .18, "lnterest 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 sales contract or escrow agreement, the intent of which is the transfer oftitIe 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 inunediate 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 cxercises 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 pennitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specifY for the tennination 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 S\Ul1S which then would be due under this Security Instnnnent and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instnnnent, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument: and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shalI continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fanus, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's Loan No.: E9ND143702A lnitials~ _ _ _ Pennsylvania Mortgllge-Single Family-Fannie Mae/Freddle Mac VNIFORM INSfRVMENT !'viERS Modined Form 3039 01101 -THE CO~IPLlANCi SOURCE, INc~ Page II of 14 '''.lrA ..,.. www tornpILWKt$Cun:e,com .tl2000. The CompCflUlCe Source, fnc - - check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of 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 collecls Periodic Payments due under the Note and this Security Instrument and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other infonnation RESP A requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by II Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. . Neither Borrower nor Lender may conunence, join, or be joined to any judicial action (as either an indiyidual 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 s\lch alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Se<;tion 22 and the notice of acceleration given to Borrower pursuanl to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions ofthis Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other fJanunable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Enviromnental 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 Environnlental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of 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 10, 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 Subsiance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Loan No.: E9ND143702A Initials:M. _ _ _ Penn.ylvanJa Mortgage-Single Family-Fannie MlIe1Freddle Ma. UNIFORll<t INSTRUMENT MERS ModlOed F011ll3039 01101 -ThE COMPLIANCE SaURO:, INC'.- Pnge 12 of 14 1430lrA 081.. www<:ompliarltesouru.com 02000. Tho Cornpli::UKf: SOtlfCl:. In" - ~ Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender ftlrther 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 Security 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 sec~red by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. . 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrwnent and the estate conveyed shall terminate and become yoid. 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 attaclunent, 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 sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security lnstrwnenl is lent to BOl1'ower 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 'N ate or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Loan No.: E9ND143702A Initials;M _ __ MERS Modltled Form 3039 01/01 I4JOIPA 08/00 '01000. The Comphomco Souf(8. rac. Pennsylvania Mortgage-Single Family-Fannf. MaeIFreddl. Mac UNIFORM INSTR~IENT -THE COMPLIANCE SOl/RCE, INC.- Paga 13 or 14 www.compliancQOurtC'_com " 41 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instmment and in any Rider executed by Borrower and recorded with it Witnesses: ~.c~ (Seal) -Borrower (Seal) -Borrower (Seal) ~BotTower (Seal) -Borrower Certificate of Residence: rlWe do hereby certify that the precise address of the within named mortgagee is 1t6'1 C(011i'1'Ah7a rJzate~ ri>n've COW')v,Jo/Q /111) ()..IOl(G ~< ~IYI Agellt ofMorlgagee &'ttfr:!:ff{ &rf-f IJ I (Acknowledgmenl on Following Page] g ~ ~ State of I1:.NN~yLVftNI-li County of CumberlOll1d On this, the .j I J-t day of ~ J the undersigned officer, personally appeared CfJ1l1€ r Rr~ ,;) 003 , before me ~C'lri I f , -p, po..V" known to me (or satisfactorily proven) to be the person(s) whose name(s) is/arc subscribed to the within instrument, \;\: "",,"""":~,j~t.l:'~~ledged that he/she/they executed the same for the pmposes therein contained. ~ ~.~ "'Co ........l1)j~.11 witness whereof. I hereunto set my hand and official seal. f:"':,..:~~IJUA:.~ . '%. ~ ~ "" ~....y .j ~.....:.. . :::';J Eli'. - ..-~~. ,,;~\, '.'''';'::'' - 7 /J 17 fJ ' ;-'::~"I';"'~'_:':'JSr:~'~-': _.~ ~ -'\~{$:.? ,~'~~~t!l' PHILLIP ~~ SEAL ~ <...~....~.. ~:;'~:{!>eal) lemouno So C ' Notary Public c.-vYI -;. ........ ~r " ,,- 1'0, \IlYlbeIIand County 1'1 tM1.Q '''''-'' , :!iSJ~', ""~; : My Commf8s1on EXpII'98 Feb. 6 2006 "''':,'''~ 'No.: E9ND143702A . fiUeorOfficer maG Pennsylvanlo Mortgoge.Single Family-Fallnle MaeIFreddie Mac UNIFORM INSTRUMENT -nu: COMPLIANC~ SOURCE, (NC.- Page 14 of 14 www.CCmpJI.1ItUfotlrec.ecm ~IERS ModiRed Form 3039 0110/ 143DIPA IHIIOO t;2ooo, TItc C'ompUencc Sourc~y Inc VERIFICATION The undersigned and duly authorized representative of Plaintiff, 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 belief. (":J ~ ~ fY l\ l.rt ,....> \L V1 n c'" (.~ ,:.:...:;1- t'....r"\ ,,~ - ~-'::'\ U1 ;:.J - -D ~J e' I " ...a .'- - 'P \) -0 V) ?-=-- __.-r ~ ....,.l..... ...:z j ," (~, :. ~:;. C> ~ .' .:;- '.?. -- -- ( ---- SHERIFF'S RETURN - REGULAR CASE NO: 2005-01774 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS PIPAN CYRIL F ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PIPAN CYRIL F the DEFENDANT , at 2015:00 HOURS, on the 27th day of April 2005 at 1124 COLUMBUS AVENUE APARTMENT 8 LEMOYNE, PA 17043 by handing to CYRIL F PIPAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 35.52 .00 10.00 .00 63.52 -~-- .,,~ .t/~ i ~~~1"~ R. Thomas Kline Sworn and Subscribed to before 04/28/2005 GRENEN & BIRSIC ~) , By: ~.-//'. ! //; T)(lI2{~'{ 9i/;0 Depu erlff me this :J ~ day of ~ JiJ'J,f A.D. r'. () i1u- \. }YProthonot::~' " <f}1i ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF CIVIL DIVISION NO. 05-l774-Civil Term vs. IN MORTGAGE FORECLOSURE CYRIL F. PIPAN, DEFENDANT NOTICE TO PLEAD TO: Mortgage Electronic Registration Systems, Inc., C/O Kristine M. Anthou, Esquire Grenen & Birsic, P.C. One Gateway Center, Ninth Floor Pittsburgh, PA 15222 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted, Dated: sf2.{p(~S- By: me squire 22 1 North Second Street Harrisburg, PA 17110 (717) 232-5551 Supreme Court 1.0. 34944 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF CIVIL DIVISION NO. 05-l774-Civil Term vs. IN MORTGAGE FORECLOSURE CYRIL F. PIPAN, DEFENDANT PRELIMINARY OBJECTIONS TO COMPLAINT NOW COMES, the Defendant, Cryil F. Pipan, by and through his counsel, James P. Sheppard, Esquire, to hereby file the following Preliminary Objections to Plaintiff's Complaint and in support thereof states: A. RULE l028(a) (S)-LACK OF CAPACITY TO SUE 1. Plaintiff is Mortgage Electronic Registration Systems, Inc., with its principal place of business stated as 909 Hidden Ridge Drive, Suite 200, Irving, TX 75038. 2. Defendant is Cyril F. Pipan, whose address is 1124 Columbus Avenue, Apartment 8, Lemoyne, PA 17043. 3. Plaintiff, in paragraph 3 of its Complaint avers that "Defendant executed a note in favor First Guaranty Mortgage Corporation...... 4. Plaintiff, in paragraph 4 of its Complaint avers that "Defendant made, executed and delivered to First Guaranty Mortgage Corporation a Mortgage. ..... 5. In the Note attached as Exhibit "A" of Plaintiff's Complaint, First Guaranty Mortgage Corporation is stated as the lender, with its address as 8180 Greensboro Drive, Suite 500, Mclean VA 22102. ---- ~ 6. In the Mortgage, contained in Exhibit "B", of Plaintiff's Complaint, First Guaranty Mortgage Corporation is the Lender, and is organized and existing under the laws of the State of Virginia, with an address of 8180 Greensboro Drive, Suite 500, McLean VA 22102. 7. In the Mortgage, contained in Exhibit "B", of Plaintiff's Complaint, Mortgage Electronic Registration Systems, Inc., is stated to be "a separate corporation that is acting solely as nominee for Lender and Lender's successors and assigns." The mortgage also states that Mortgage Electronic Registration Systems, Inc. is the "mortgagee under this Security Instrument..." organized and existing under the laws of Delaware, with an address at PO Box 2026, Flint, Michigan. 8. The aforementioned mortgagee also states that "Lender" is First Guaranty Mortgage Corporation, organized and existing under the laws of the State of Virginia, with an address of 8180 Greensboro Drive, Suite 500, McLean Virginia. 9. Defendant has received correspondence from, and made payments to, EMC Mortgage Corporation, at 909 Hidden Ridge Drive, Suite 200, Irving, TX 75038. 10. The corporate Plaintiff fails to aver or demonstrate that it possesses, or continues to possess, an independent right to the monies allegedly owed under the alleged agreements attached to its Complaint. 11. The Complaint fails to adequately demonstrate that Mortgage Electronic Registration Systems, Inc. has any right and capacity to sue for First Guaranty Mortgage Corporation, or EMC Mortgage Corporation. Wherefore, Defendant, Cyril F. Pipan respectfully requests that this Honorable Court enter an Order striking Plaintiff's Complaint. B. RULE l028(a) (4)-DEMURRER 12. The allegations of Paragraphs 1 through 11 are incorporated herein by reference. 13. The Complaint fails to apprize the Court or the Defendant if the corporate Plaintiff alone has the right to sue, or how it obtained the legal right to sue the Defendant from First Guaranty Mortgage Corporation, or how it obtained, or re-obtained the legal right to sue the Defendant from EMC Mortgage Corporation, in its name alone. 14. The Complaint as written is inadequate to state a cause of action for the requested relief, as it does not demonstrate that the Plaintiff is possessed of any contractual rights or that the Plaintiff could even suffer any loss or legal harm related to the alleged agreement between Defendant and First Guaranty Mortgage Corporation, or between Defendant and EMC Mortgage Corporation. WHEREFORE, Defendant Cyril F. Pipan respectfully requests this Honorable Court enter an Order striking Plaintiff's Complaint. C. RULE 1028 (a) (3)-LACK OF SPECIFICITY 15. The allegations of Paragraphs 1 through 14 are incorporated herein by reference. 16. Under Rule 1147(2), a description of the land subject to the mortgage is mandated. 17. Plaintiff's Complaint does not contain a description of the land as required, and the alleged mortgage contained under Plaintiff's Exhibit "B" does not contain a description of the land. 18. The Complaint lacks the specific description of the land as required under Rule 1147(2). WHEREFORE, Defendant Cyril F. Pipan respectfully requests this Honorable Court enter an Order striking Plaintiff's Complaint and directing Plaintiff to file more specific Pleadings that fully and adequately apprize him of the facts that allegedly support the claims of Mortgage Electronic Registration Systems, Inc. Dated: s{l.t.9f () ~ f Attorney for Defendant VERIFICATION I, Cyril F. Pipan, hereby verify that I am a Defendant in the foregoing action, and that the attached preliminary Objection are based on facts of which I have personal knowledge or information which has been provided by me or gathered by my counsel in preparation of this lawsuit. The language of the document is that of counsel and not mine. I have read the foregoing document and to the extent it is based upon information which I have given to my counsel, or which has been known to me, it is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Slu,/~ I t;:/ft? F. Plp n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTI FF CIVIL DIVISION NO. 05-1774-Civi1 Term vs. IN MORTGAGE FORECLOSURE CYRIL F. PIPAN, DEFENDANT CERTIFICATE OF SERVICE I, James P. Sheppard, Esquire, Attorney of Record for the above- captioned Defendant, hereby certifies that on this~day of May, 2005, I served a true and correct copy of the Preliminary Objections To Complaint via United States Postal Service, first class, postage prepaid and properly addressed to: Kristine M. Anthou, Esquire Grenen & Birsic, P.C. One Gateway Center, Ninth Floor Pittsburgh, PA 15222 Attorney for Plaintiff Dated: 5/2-&/0S- I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., CIVIL DIVISION Plaintiff, NO.: 05-1774 CIVIL TERM TYPE OF PLEADING: vs. CYRIL F. PIPAN, PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE Defendant. FILED ON BEHALF OF PLAINTIFF: Mortgage Electronic Registration Systems, Inc. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. # 77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., CIVIL DIVISION Plaintiff, NO.: 05-1774 CIVIL TERM VS. CYRIL F. PIPAN, Defendant. PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO: PROTHONOTARY SIR: Kindly settle and discontinue without prejudice the above-captioned entered on April 4, 2005 and mark the docket accordingly. GRENEN & BIRSIC, ~.C. /' v- ,::){. c tC1--:.)1( id.A...c l ,,""- At rneys for Plaintiff BY: Sworn to and subscribed before me this (().r---h) day of Jl ~ ~~~.h Notary Public , 2005. OOMMONW!;Al t H Of PENNSYLVANIA - ' Notarial Seal ~mld L., Polter. Jr.. Notary Public clty Of Plttlburgl'l. Al\eghenY County MY Ccmmleston Expires Dee, 10.2007 M~mlier, Pennlylvllnll!l Association Of Notaries o c .~""" , "-' :5 c.J, (- ~;= ~;,.... o 11 "7' Fi,:D r- L'lm :nO ~~ -..1 :;.,-1 ~ -< w -;) ~ Y.) w