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CIVIL COVER SHEET AND ENTRY OF APPEARANCE
Delaware County Court of Common Ple
Court Term & No
1 Case Caption
U S Bank National Association
Vs
John Connolly et a|
Jury
X Non Jury
Arbitration
($0550 000)
23 Plainkiffls) 2b Defendanfls)
(Name and Address) {Name and Address)
U S Bank National Association John Connolly
2800 Tamarack Road 4111 Woodland Avenue
Owensboro Kentucky 42301 Brookhaven PA 19015
Anne Marie Connolly
4111 Woodland Avenue
Brookhaven PA 19015
33 Related Cases? Ves x No 3h Case Subject to Coordination Order? Yes LNu
Ifyes show Captinn and Case Numbers Ifyes show Caption and Date of Order
4 Entry 0! Appearance
To me Office of Judicial Suppon
Kindly enter my appearance on behalf of U 5 Bank, National Association (a) plaintiff in ‘his action
Papers may be served at the address set form below
Katherine M Wolf Esguire Address P O Box 165028
Attorney for party named above (please print) Cnlumbus OH 43216 5028
Atty File No 23008502
314307 Telephone 614 220 5611 Fax 614 220 5613
A1?“ D Number E Mail KMWoIf@manleydeas com
Wm U)
%: Agn| 27 2023
Attorney Signature Date
Choose only the one descriptiqu winch best reflects the prInr/pal type of case or 721(2)“ sought from the list
Case Description
APPEAL Intentional TOR
Minor Court Assault and Battery
Money Judgment Defamatian
Landlord and Tenam Employment/Wrongful Disd’large
Code Enforcement False Imprisonment
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menses and Inspections Toxic Ton
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Proceedings Commenced by Puma" Proiessiunal Malpractice
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Leave «2 Issue Subpoena Real Properw
Mental Health Proceedings Stockholders Derivakive Action
Other Waste Prevention
Orher
CIVIL ACTIONS COMMENCED BY WRIT OF Declaratory Judgmen‘
SUMMONS DR COMPIAINT Ground Rem
Mandamus
Abuse 0! Process Real Property
Action for Wrangful Death Ejectment
Class Action Quie( Title
Confession of Judgment/Monev Mortgage Foreclosure X
Confessian of Judgment/Real Property Mechanics Lien
Contract Panition
Cons‘ruction Prevent Waste
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Other Que Warrants
Other
IN THE COURT OF COMMON PLEAS
DELAWARE COUNTY PENNSYLVANIA
U S Bank National Association CIVIL DIVISION
Plaintiff Docket No
vs
John Connolly, Anne Marie Connolly
Defendants
NOTICE TO DEFEND
TO John Connolly 4] I 1 Woodland Avenue Brookhaven PA 19015
NOTICE AVISO
You have been sued in court lfyou wish to defend Le han demandado a usted en la cone Si usted quiere
against the claims set forth in the following pages defenderse de estas demandas expuestas en las paginas
you must take action within twenty (20) days after siguientes, usted tiene veinle (20) alias de plaza al
this complaint and notice are served, by entering a panir de la fecha de la demanda y la notificacion
written appearance personally or by anomey and Hace falta ascentar una comparencia escrita 0 en
filing in writing with the court your defenses or persona 0 con un abogado y entregar a la cone en
objections to the claims set forth against you You are forma escrita sus defensas o sus objeciones a las
warned that if you fail to do so the case may proceed demandas en contra de su persona Sea avisado que Si
without you and ajudgment may be entered against usted no se defiende la cone roman medidas y puede
you by the court without further notice for any money continuar la demanda en contra suya sin previo aviso o
claimed in the complaint of for any other claim or notificacion Ademas la cone puede decider a favor
relief requested by the plaintiff You may lose money del demandante y requiem que usted cumpla con todas
or property or other rights important to you las provisiones de esta demanda Usted puede perder
You vhou/d take ”HUMP" myour lawyer a! once If dlnero 0 :us propiedades u otros derechos Imponantes
you d0 not have a 11myer or cannot aflord am: go to para uste
or lelephane (he oflice 52! f0th below lofind out Lleve esla demanda a 1m abagada Immedlalamenle S1
where you can get legal help no Ilene abagado a S! n0 Ilene e! dmera xufiuenle d8
pagar ml SEWICIO Vaya en persona a [lame por
Lawyers Reference Service Ielefimo a [a oficina cuya direccmn :2 ancuemm
Delaware County Bar Association escrna abajo para averlguar dande se puede
335 W351 Front SING! consegwr aslslencm legal
Media PA 19063
(610) S66 6625 Lawyers Ram“
Delaware County Bar Association
335 West Front Street
Media PA |9063
(610) 566 6625
IN THE COURT OF COMMON PLEAS
DELAWARE COUNTY PENNSYLVANIA
U S Bank National Association CIVIL DIVISION
Plaintiff Docket No
vs
John Connolly Anne Marie Connolly
Defendants
NOTICE TO DEFEND
TO Anne Marie Connolly 411] Woodland Avenue Brookhaven PA [9015
NOTICE AVISO
You have been sued in court lfyou wish to defend Le han demandado a usted en la cone Si usted quiere
against the claims set forth in the following pages, defenderse de estas demandas expuestas en las paginas
you must take action within twenty (20) days afier siguientes usted tiene veinte (20) dias de plazo al
this complaint and notice are served, by entering a partir de la fecha de la demanda y la notifieacion
written appearance personally or by anomey and Hace falta ascentar una comparencia eserita 0 en
filing in writing with the court your defenses or persona 0 con un abogado y entregar a la cone en
objections to the claims set fonh against you You are forma escrita sus defensas o sus objeciones a las
warned that if you fail to do so the case may proceed demandas en contra de su persona Sea avisado que si
without you and ajudgment may be entered against usted no se defiende, la cone tomara medidas y puede
you by the court without further notice for any money continuar la demanda en contra suya sin previo aviso o
claimed in the complaint of for any other claim or nolificacion Ademas la cone puede decider a favor
relief requested by the plaintiff You may lose money del demandante y requiere que usted cumpla con todas
or property or other rights important to you las provisiones de esta demanda Usted puede perder
You shouldlake this paper loyour lawyer at once If dmero 0 ins proptedades u otros derechos Importantes
you do not have a lawyer or cannot afford one go m para uste
or telephone [he ofice 31:]f0th below to find 011/ Have mm demanda a 1m ubagada Immedlulamenle V!
where you can gel legal help no Ilene abogado o 31 no Ilene e] dinera tuficwn/c d2
pager Ia! servxclo Vaya en persona 0 [lame par
Lawyers Reference SerVIce telefono a [a oficma cuya dureccron re encuenrra
Delaware County Bar Association escrrta abtyo para averlguar donde se pucda
335 WES! FY0111 SUCK?! cansegutr a:lstencm legal
Media, PA 19063
(610) 566 6625 Lawyers Reference Service
Delaware County Bar Association
335 West Front Street
Media PA 19063
(610) 566 6625
23 008502 MKM
IN THE COURT OF COMMON PLEAS
DELAWARE COUNTY PENNSYLVANIA
U S Bank National Association CIVIL DIVISION
2800 Tamarack Road
Owensbom Kentucky 42301 NO
Plaintiff
V5
John Connolly
4111 Woodland Avenue
Brookhaven PA 19015
Anne Marie Connolly
4111 Woodland Avenue
Brookhaven PA 19015
Defendants
CIVIL ACTION IN REM COMPLAINT IN MORTGAGE FORECLOSURE
l The Plaintiffis U S Bank National Association 2800 Tamarack Road Owensboro
Kentucky 42301 (hereinafier Plaintiff)
2 The names and last known addresses of the Defendants are
. John Connolly with a last known address of“ 1 1 Woodland Avenue, Brookhaven,
PA 19015
0 Anne Marie Connolly, with a last known address of411| Woodland Avenue,
Brookhaven PA 19015
23 008502 MKM
C2
3 On or about June 26 2009 John Connolly and Anne Marie Connolly executed and
delivered a promissory note secured by the Mortgage (the "Promissory Note") Plaintiff is
either the original payee of the Promissory Note or the Promissory Note has been duly
indorsed Plaintiff is the person entitled to enforce the Promissory Note
4 On or about June 26 2009 John Connolly and Anne Marie Connolly executed and
delivered ‘0 Mortgage Electronic Registration Systems, Inc , as nominee for Capital
Financial Mortgage Corporation its successors and assigns a Mortgage upon the real
property commonly known as 41 i 1 Woodland Avenue, Brookhaven, PA 19015, as more
fully described in the legal description attached as Exhibit A (the "Property') in the
original principal amount 0f$185 948 00 (the Mortgage )
5 The Mongage was recorded August 4 2009 as Document ID 2009051252 and recorded
in Book 04599, Page 03] l, Recorder's Office, Delaware County, Pennsylvania The
Mortgage is attached as Exhibii B and is incorporated herein by reference The folio
number is 05000l42900
6 Plaintiffis ‘he mortgagee by assignment The Mortgage has been assigned from
Mortgage Electronic Registration Systems Inc as nominee for Capital Financial
Mongage Corporation its successors and assigns to U S Bank National Association as
set forth below
0 Assignment of Mongage recorded on April 23 20l3 the mortgage was assigned to
U S Bank National Association, which Assignment is recorded in the Office of the
Recorder of Daeds for Delaware County as Document ID 2013025604 and recorded
in Book 05310 Page 1448 the Assignment ofMongage is anached hereto as Exhibii
C and is incorporated herein by reference
23 008502 MKM
7 Plaintiff is entitled to enforce the Mortgage
8 The original obligations of the Mortgage and Promissory Note have been modified by
agreement of the parties (the Loan Modification") A copy of the Loan Modification is
attached hereto as Exhibit D The Loan Modification may include an increase in the
principal balance deferred amount and additional financial obligations
9 John Connolly and Anne Marie Connolly are the record owners mortgagors or both of
the Property
l0 The Mortgage is in default for the failure to remit monthly payments as required
beginning on December 1 2022 and subsequent payments As a result, the Plaintiffhas
accelerated the amount due and owing secured by the Mortgage
1I Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 9] of
1983, as amended in 2008, and/or Notice of Default as required by the Mortgage and
Promissory Note as applicable have been sent to the Defendants copies of which are
attached hereto as Exhibit E
23 008502 MKM
l2 As of May 19 2023 the amount due and owing Plainfiffis as follows
Principal $ 16] 052 38
Interest
from November I 2022 to May 19 2023 @
4 375W $ 3 870 50
Escrow Advance S 1473 IO!
Recoverable Balance 5 160 00
Less Suspense Balance (if applicable) 3 10 00!
TOTAL 5 164 609 78
plus interes: and all other additional amounts authorized under the Mortgage Loan
Modification, Promissory Note, and Pennsylvania Law actually and reasonably incurred
by Plaintiff including but not limited to costs (including escrow advances) and Plaintiffs
anomeys fees and expenses Plaintiff reserves the right 10 file a motion in the above
captioned action to add such additional sums authorized under the Mortgage, Loan
Modification, Promissory Note, and Pennsylvania Law to the above amount due and
owing when incurred
23 008502 MKM
WHEREFORE P1aintiff respectfully requests that this Court enterjudgmem in favor of
Plaintiffas follows (a) an in remjudgmcnl in mortgage foreclosure against John Connolly and
Anne Marie Connolly in the amount 0f$164 609 78 plus interesl costs fees and charges
collec‘able under the Mortgage and Promissory Note and Pennsylvania law, including, but not
limited to reasonable anomey fees and costs, and (b) an in rem judgment in mortgage
foreclosure against all Defendants for the judicial sale ofthe Property
R Sp ctfully submitted
inlwwm I I I U132$
Katherine M Wolf Esquire (314307)
Kimberly] Hung Esquire (74950)
Michael E Carleton Esquire (203009)
Meredith H Woolers Esquire (307207)
Matthew P Curry Esquire (322229)
Alyk L Oflazian Esquire (312912)
Cristinal Connor Esquire (318389)
Manley Deas Kochalski LLC
P 0 Box 165028
Columbus OH 43216 5028
Telephone 614 220 5611
Fax 614 220 5613
Email KMW01f@manleydeas com
Anomey for Plaintiff
23 008502 MKM
VERIFICATION
I Samantha Wedding hereby state that I am Officer of U S
Bank National Association ("U S Bank") U S Bank maintains and is in control ofall
documents and records supporting the statement in the affixed Complaint in Mortgage
Foreclosure and is the appropriate entity to make this verification
l have reviewed the business records relating to this account and am authorized to make
this verification I hereby verify that the statements made in the Complaint in Mortgage
Foreclosure are true and correct to the best of my information and belief I understand that this
‘ statement is made subject to the penalties of 18 Pa C S Sec 4904 relating to unswom
falsification to authorities
W
Name Samantha Wedding
Title Officer
Company U S Bank National Association
Date SIEZIZQZZZ
File No 23 008502
Borrower Name John Connolly and Anne Marie Connolly
23 008502 MKM
ECVC
CERTIFICATION
I certify that this filing complies with the provisions of the Public Access Pallcy (2/1118
UnifiedJudlclal System quennsylvama Caxe Records offhe Appellate and Tm)! Court; that
require filing confidential information and documents differently than non confidential
infomation and documents 1 : LO Q
Katherine M Wolf Esquire (314307)
Kimberly] Hang Esquire (74950)
Michael E Carleton Esquire (203009)
Meredith H Woolcrs Esquire (307207)
Matthew P Curry Esquire (322229)
Alyk L Oflazian Esquire (312912)
Cristina L Connor Esquire (318389)
Manley Deas Kochalski LLC
P O Box |65028
Columbus OH 43216 5028
Telephone 614 220 5611
Fax 614 220 5613
Email KMWolf@manleydeas com
Anomey for Plaintiff
23 008502 MKM
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RedactedRedacted ‘
Dare JUNE 2 6 2 o a 9
Property Adams 4111 WOODLAND AVENUE
BROOKHAVEN PENNSYLVANIA 1 9 01 5
EXHIHT A
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or piece of ground with the improvements thereon erected shim III the Borough of ‘
Brookhaven County of Delaware and State of Pennsylvania, being known as Lot #39 on Plan of Lots of
Woodland Park, made by Damon and Foster Civil Human April 25 1952 and being more filliy described as
follows to wn
BEGINNING at a point on the northeasterly side of Woodland Avenue (fifiy feet wide) at the distance of four
hImdred seventy six feet North |hirty four degrees thirty two minutes fifiy seconds West from a point in the bed of
Bridgewater or Brookhaven Road (thiny three feet Wide) which point is at the (“SERGE of thirteen feel measured
Nurth thiIty fom degrees thirty two amines fifiy seconds west from the Southeasterly side of the said
Bridgewater or Brookhaven Road Thence extending along the said Northeasteriy side of said Woodland Avenue
North (fifiy feet wide) North thirty f0“! degrees thiIty two minutm fifiy seconds west, thirty six and fifiy one
hImdredth feet to point of curve having a radius of three hundred ten feet, the arc distance of thiny three and
forty eight hnndredths feet to a comer of lot thirty eight on aforesaid plan' thence along sud Lot thirty eight on
said Plan North sixty one degrees thirty eight minutes thirty seconds east, one hundred seventy eight and no
hundredth; feet to a point m line of Lot No 33 on staid plan; thence along said Lot No 33 on said Plan South forty
two degrees fifiy three minutes ten seconds Bash fifiy one and twenty nine IIImdredths fem to a point, a corner of
Lot forty on said plan, thence along said Lot No 40 on said Plan South fifiy five degrees twenty seven minuues
ten seconds west, one hundred eighty six and twenty one hundmdths feet to the northeasterly side of said
Woodland Avenue, the pom and place of begmning
FOLIO # 05410-01429 00
ApN # 05 00 01429 00
Dudley: am M41913”
WWW ”WWW”!
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This Security Lusmmm secure: to Lender (am: repayment of the debt evidenced by the Note, with imam, and I
all renewals, extensions mud modificnnm of the Now (b) the payment of all other sums with interest, advanced ‘
under paragraph 7 to protect the securityofthis Security Instrument. and (c) the pcrfonmnce omeerfl' : covenants
and agreements undn this Sccmity Instnuncllt and the Note For this purpose, Borrower does hereby mortgage, gum
and convey to MERS (solely as nominee for Lender and Rude: 5 sucmsors and assigns) and to the successors and
assigns of MERE the following described property loaned in DELAWARE County
Pemtsylvama
SEE mmmmmATECl-EDPEREIOAMDMADEAPARPWAS EXHIBIT "A"
A P N 05 00 01429 00
which has the address of 4 1 l 1 WOODLAND AVENUE
[W]
ERGO KHAVEN Pennsylvania 19 0 15 ( Property Addless )
[CW] [ZIP CW]
TOGETHER WITH all the impmvernents now at hereafiet erected on the pmpeny am all easements
appurtenances, and fixtures now or herafler a part of the property All replacements and additions shall also be
covered by this Security hstmment All thhe {Dregcring is referred to in this Security lumen! as the '1’:me " l
Bummer understands and mag that MERS holds nnly legal title to the intmsts grantcrl by Borrow“ in flu: Securin l
Instrument but. if necmsary to comply with law or custom, MERS (as nominee for band“ Ind Lands: 5 summon
and assigns) has the right to exercisenny a: all nftlmse interests including but not [united to the right to foreclose
and mu the Property, and to take any action required of Lender including, but not limich w, relasing ur canceling
this Security lnstrumenl
BORRDWER COVENANTS that Borrow“ is lawfully scised of the estate hercby conveyed and has the right to
mortgage glam and convey the Property and that the Property is unencumbered exam for momma“ of record
Borrower warrants and will defend generally the title to the Praperty against all claims and dmds, subject to any
encumbranccs of recmd
THIS SECURITY INSTRUMENT combines uniform covenants for national use and mu uniform covemnts with
limited Variations by jmisd‘mtion to constitute a unifmm wiry instrument covering real property
UNIFORM COVENANTS Borrower and Lender cownant and agree as follows
1 Paymgnt M Prinz:an Imus: and Late chug: Borrower shall pay when due the principal of and
interest on the debt evidenced by the Note and late charges due under the Note
2 Monthly Plyment of Tues, Insurance, and Other Chlrges Burrowcr shall include in each monthly
payman togethcr with lb: pdncipal Ind imam as set forth in the Net: and any late charges a sum {or (3) taxes and
special assessments levied or to be levied against the Property (1)) leasehold payments or ground (ml: 311 the
Property and (c) pxemiums {or insurance xequired undu paragraph 4 In any year in which the Lender must pay a
mortgage Immlme pxemium lo the Secrelmy of Housing and UIban Devglopmenl ("Secretary"), or in any yea: m ‘
l
magmuqficlw/IOJEORTGAGE MRS Page 2 D. m mulfllc mm smug 2::
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which such premium would luv: been required if Lender still held the Security Instrument, each monthly payment
shall also include either (i) a sum fur the annual mortgage insuflnce premium to be mid by Lender to the Secretary
or (u) a monthly charge instead of a mortgage insurance premium if this Security lament is held by the Secretary
Ill areasonAble amount to be determined by the Secxeury Except for the monthly charge bythe Secretary these items
are called "Escrow Items" and the sums paid to Lends! are called "Escrow Funds "
Letitia may at any hm, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amt that may be required for Bonower' s eseruw Mom! under the Real Estate Settlement Procedures
Act of 1974 12 U s c §2w1 m and implementing regulations 24 CFR Pan 3500 as they may be amended \
fiom time to time ("RESPA ’) except that the cushion m reservepermilted by RESPA tor unanticipated disbursements I
or disbursements before the Borrowex's payments are available in the account my not be based on amounts due (0!
the mmgage insurance pranium.
If the amounts held by Lends: fur Esuow Items exceed the ummmts permitted tab: held byRESPA Lender shall
accennt l0 Borrowem' for the excess funds as required by RESPA If the antenna of funds held by Lender at any time
are not sufficient to ply the Escrow Items when due Lender my notify the Barrow Ind require Borrow to make
up the shortage as “mm by RESPA
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument 1r
Barrow" tenders tn Lmdex the full payment of all such sums Borxowu s Iccmmt shall be :1er with the balance
remaining for all installment items (a) (b) and (c) and any mortgage insurance premium instaleent tlm Lcndcx has
not become obligated to pay to the Secretary and Lender shall promptly refund any excess funds to Bormwer
Immediately prior to a foreclosure sale at the Pmpeny or its acquisition by Lender Borrower s awoum shall be
credited with any balance remaining fix all installments for items (a), (b) and (c)
a Applintlnn “Phylum All payments under paragraphs l and 2 shall he applied by Lender as follows
F IRST tn the mortgage insurance premium m be paid by Lender to the Seuelnry or to the monthly charge by
the Secretary instead of the monthly mortgage insurance premium
SECOND to any mes, special assessments leasehold payments or ground tents and fire flood and other hazard
insurance praniums, as required,
THIRD to interest due under the Note
FOURTH to amortization nfthe principal of the Note and ‘
BETH» to late charges due nude: the Note
A Flre, Flood and Other Huard Insurance Borrower shall insure all improvements on the Propeay ‘
whether nnw in existence or subsequently erected, against any haunts, casualties, and contingencies, Including fire,
{0! which Lender requires insurance This insurance shall be maintained in the amounts and for the periods that
Lenda requires Borrowet shall also insure all impmvmlcnts on the Properly. Whether naw m existence or
subsequently erected agau'mt loss by floods w the exlent requiwd by the Secrme All insurance shall becuried wnh
mpaHies approved by Lender The insurance policies and any renewals shall be held by Lender and shall include
loss payable aims at favor of, and m a form acceptable to, Lendex
In the event of loss, Eatmwer shall give Lender inimedilte notice by mail Lender may make proof of loss lfnot
nude promptly by Borrowet Each insurance company concexmd ls hereby authorized and duected tn make payment
for such lass directly to Lend“ instead of (a Barrow" and to Lender jointly All Ur any part cf the insurance
proceeds may be applied by Lender at its Option either (a) to the reduction of the indebtedness under the Note and
this Security Instrument first tn any delinquent mums applied in the order In pamgraph 3 and than to prepayment
of principal or (b) to the restoration or "pail or the dxmaged Property Any application of the proceeds to the
principal shall mt extend or postpone the due date afthe monthly payments which we refund lo in paragraph 2, or
_——___— i
FHA PENNSYLVANlA MORl'GAK MERS mew 5013-5491362 I
PAMTGZ FHA 11101105 Hg: 3 ol10 wwvl mem
l
l
change the amount ofsuch payments Any excess insurance proceeds over an amount required to pay an outmntlhg ;
1|]de under tlle Note and this Security Instrument shall he paid to the mhty legally mfled theteto I
In the event efforeclosure of this Security Imminent 0! other hamlet ofhtle to the Propeny thlt extinguishes
the indebtedness, all nghL title and Imam of Bottom! tn and lo insumnee pollcm in fume shall pass tn the purchaser
5 Occlpulty, Preservation, Mnlntenance Ind Protection of the Property. Borrower‘s Loan Apphc-uon;
Leasehold; Borrower shall occupy, establish, and use the Property as Borrower 5 principal residence within my
days ah; the execution of this Security Instrument (ox within Sixty days of a later sale or transfer of the Property)
and shall continue to occupy the Progeny as Barrowa's principal residence for It least one year me; the date of
occupancy unless Lender determines mm tequirement will clause undue hardship for Borrowex, or unless extemaung
circumstances exist which ale beyond Borrower 5 control Bonower shall notify Lender of my extermtmg
circumstances Bmovm shall not commit waste or destroy, damage or substanlillly Change the Property or allow
the Property to deteriorate reasonable Wen! and tear excepted Lender may inspect the Property If the Properly IS
vacant or abandoned M the loan is in default Lend: my take reasonable action to protect and preserve such vacant
or abandoned Properly Borrower shall also be in default if Borrower during the lam hyplication process, gave
materially false or inaccurate inletmahon or statements to Lender (or filed to provide Lender with any menu]
information) in connectth with the [nan evidenced by the Nor: lncludmg but not limited to representations
concerning Borrower‘s occupancy at the Property as a principal residence If this Security Instmmem is on a
leasehold, Bormwer shall Dumply wsth the provlsiam of the lease If Borrowex acquires fee title to the Property, the
leasehold and fee title shall not be merged unless Lender agrees to the merger in wilting
6 Condemnadnn The proceeds of any award or claim for damages direct at consequential, In mmmm
with any condemnautm or other taking or any part of the Property or for conveyance in place ofwmlemnamm, are
hetehy Isslyled and shall he paid to Lender m the extent ofthe full amount at the indebtedness that remains unpaid
under the Note and this Security Ihsmuneht Lendex shall apply such proceeds to the rematch or the indebtedness
under the Note and this Security Instrument, first to any dellnqumt amounts applied in the ordex ptovlded m
paragzapll 3, and then to prepayment of plineipll Any nppllclllon of the proceeds to the principal shell not extend
cl postpone the due date ofthe monthly payments which he referred to m parugtapll 2, or change the amount of such
payments Any excess proceeds over an amounl required an pay all umstamling indebtedness under theNoie and thus
Security Instrument shall be paid to the entity legally entitled thereto
7 Charges to Borrower and Pmettlon of Lender's Rights in the Property Borrower shall pay all
governmental m municipal charges, fines and Imposition: that are net lncllldad m paraglaph 2 Bormet shell pay t
these obligations on tune direcfly to the entity which is owed the payment It failure In pay would adversely afiect
Lendet' 5 interest in the Property, upon Lender‘s request Borrower shall prmnptly furnish to Lmder receipts
evidencing these payments
If Borrower fails to make these payments or the payments quuired hy paragzaph 2, or fails Io perform my other
covenants and asteCments contained in this Security lmmtment or thete is a legal proceedmg that may significantly
affetx Leader 5 rights in the Progeny (such as a proceeding m bankruptcy for condemnation or to enforce laws or
regulators), then lender may do And pay whatever is necessary to pram the value of the Progeny and Lendet s
tights in the Property including payment of taxes, hazard insurance and othel items mentioned in paragraph 2
Any amounts disbursed by Lender under this paragnph shall become an additional debt offlonowel and be
secured by this Security Inslmmerlt These mums shall beat mines! from the dam ofdlsbursemeht at the Note tale,
and at the option of Lender shall he immedlalely hue and payable
Bonower shul promptly dlschaxge any lien which has priority ova this Sacuri|y Instrument unless Ban'qu
(a) agrees in wn'ung to the payment of the obllgation seemedby lhe lien in antenna awemable to Lender, (b) comm
in good mm the lien by or defends against enfoloemenl or the lien in, legal proceedings which in the Lenders
FHA PENNSYLVANIA MORTGAGE MERS Down: mm: Madam”:
PAMTGZ FHA 1110mm Page 4 at 10 mm WW”!!!
I
I
w
\
opinion operate to prevent the enforcment of the lien or (c) secures from the holder of thz lien an agreement
snlisfxctory to Lender subordinating the lien to this Smity Instrument If Lender determines that any part offing
meny is subject to a lien which may attain priority ever this Sccurity Instrument, Lender may give Burrows: a
mlice identil‘w'ng the lien Barrows! shall satisfy the lien or take cue or more of the actiuns set forth above within
10 days of the givmg of notice
2: Fans. Lender may collect fees and charges authmized by an Secretary
9 Cmunds for Acceleration of Debt.
(in) Def-ulL Lendel may except as limited by regulations issued by the Set!” In the case of payment
defaults, require Immediate payment in full of all sums secured by this Security Inslrilment if
(i) Bormwer defaults by failing to pay in full any monthly payment required by ms Security
Instrument prior to or on the due dale ofthe next munthly payment, or
(ii) Borrower defaults by failing. for a period of Lhirly days to peiftyrm any other obligaLions
mnthined in this Securin Instrument
(b) Sale Within" Credit Appmval Lender shall ifpermntted by applicable law (including section 341m)
of the Gan: St Germain Depository Institution. Act of 1982 12 U SC 1701J 3(a)) and with the prior
approval afthe Secremry require immediate payment in full of all mus secured by tins Security instrument if
(i) All or part of the Pmpcrty or a beneficial interest in :- trust owning all or put ofthe Property is
501d or otherwise transfenod (other than by devise or descent), and ‘
(ii) The Property Is not occupied by the purvhaser or gimme as his 0! her principal residence or mi:
purchaser or grantee does so occupy the Property but his or her credit has not been approved in
Mcmdflnoe with the requirements of the Secretary
(c) No Waiver If circumstances 0cm“ that wanid perm" Lends! to require immadinle payment in full
but Lender am not require such payments, Index does not waive its rights With (5pm in subsequent mam
(d) Regnllhons ofHUD Secret-ry In my circumstances regulation. issued by the Secretary will limit
Lender 5 rights in the case ofpay'meut defaults to xequirc immediate payment in hill and foreclose if not
paid This Security histmmem does not authorize accelemlion or foreclusure if not penmmd by regulations
of the Seaeury
(e) Mortgagc Nat Insured Borrower agrees that if this Security Instmment and the Note are not
determined to be eligible for inmIrmee nude! the National Housing Act within 6 0 DAYS
fruit the dim hereof Lender may, at its option, require immediate payment in full of all sums secured by
this Security Instrumenl A writta'i stltzment of any authorized agent of the Semaary datad subsequent to
6 0 DAYS Emmi the date hereof declining to insure this Security Instrument and
the Nate shall be deemed cunclusiye proof of such indigihiliiy Notwithstanding the foregoing, this option
may not be exercisedhy Lendei when the unavailability of insurance is solely due toLender's fiilure to remit
2 mmtgxge immune premium in the Secretary
10 Ralstalemgnt Borrower has a tight [0 be reinstated if Lender has required immediate payment in full
because of Borrower's Mime to pay an amount dine under the Note or this Sammy Instrument This right applies
even aha foreclosure proceedings are instituted To reinstate the Security Instrument, Borrower Shall tender In a
lump sum all amounts requirodto bung Borrower's mount current including, to the extent they are obligations of
Bummer under this Security 115mm, foreclusure costs and remmhlc and custom momeys' fees and expenm :
properly associated With the foreclosure ptooeeding Upon reinstatement by Borrower, this Security Men! and
the obligations that it seems shall remain in effect as if Lender had not required immediate payment in full
Howevar Lender is not required to permit reinstatement if (i) Lender has accepted reinstatement am: the
commencement of fureClnsure proceedings within two years immediately preceding the commenwment of a current
FHA PENNSYLVANIA MOWGAGE MEPs nmcm 00M" use
PAMTGZ FHA tt/ot/oa Page 5 0'10 mm doom cm
foreclosure proceeding, (ii) reinstalement WI“ medias foreclosure on different grams in the filillre, or (iii)
icinmtemenl will adversely affect the priority subs lien created by this Security Instrument
i 11 Borrower Not Relened, Forbeannce hy Lender Nut . w-mr Extension of the time of payment at
madlficalion ofamortizahcn of the sums secured by this Security Instrument gamed by Lender to any succusor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrow s successors in
interest Lendet shall not be required no commence proceedings against any successor in interest or refuse to extend
time for paymenl or otherwise modin mimiution ofthe sums secured by this Semity Instrument by mass ofany
demand made by the original Borrower a erower's successms ii. intetest Any fmhearance by Lender in exerclsmg
any right 01 [amdy shall not be a waiver of or preclude the exercise nfmy right or remedy
12 Success“: Ind Assigns Bound, Joint and Several Linbility; CarSIglluss n: covenants and hyacinth
‘ of this Security Instrument shall bind and benefit the summers and migns “Lender and Bormwer, subject to the
‘ provisivns nfpamgxaph 9a,) Bontrwa s covenants and agreements shall be mint and scveial Any Bormwcr who
co sighs this Security Instmmem but does not execute the Note (a) is co signing this Security Instrument only to
\ mortgage yam and convey that Borrow s Interest in the mpeny under the terms ofthis Security Instrument (b)
is not personally obligated to pay the sums secured by this Security Instrument and (c) ayees mat Lender and any
other Barrows: my agree to extend modify foshm or make any accommodations with regard to the terms of this
Security Instrument or the Nat: without that Barrowei' s Cmtsan
13 Nation Any none: to BorrWet provided for in this Semity Instrument shall be given by delivering it at ‘
by mathng it by first class mail unless applicable law requires use ofanuthei method The notice shall be dixccted ‘
to the Property Address 01' any 0th“ address Borrower designates by notice to Lendei Any notice to Lender shall
be given by first class mail to Lends: s address stated herein or any address Lender designates by notice to Barrower
Any notice provided {m in this Security [nstmmmt shsii be deemed to have been given to Borrower 0! Lendet when
given as provided in this pmgupb
14 Governing Law, Severlhihty This Security Instrument shall be governed by federal law and the law at
the julisdictirm in wh
Preview
CIVIL COVER SHEET AND ENTRY OF APPEARANCE Delaware County Court of Common Ple Court Term & No 1 Case Caption U S Bank National Association Vs John Connolly et a| Jury X Non Jury Arbitration ($0550 000) 23 Plainkiffls) 2b Defendanfls) (Name and Address) {Name and Address) U S Bank National Association John Connolly 2800 Tamarack Road 4111 Woodland Avenue Owensboro Kentucky 42301 Brookhaven PA 19015 Anne Marie Connolly 4111 Woodland Avenue Brookhaven PA 19015 33 Related Cases? Ves x No 3h Case Subject to Coordination Order? Yes LNu Ifyes show Captinn and Case Numbers Ifyes show Caption and Date of Order 4 Entry 0! Appearance To me Office of Judicial Suppon Kindly enter my appearance on behalf of U 5 Bank, National Association (a) plaintiff in ‘his action Papers may be served at the address set form below Katherine M Wolf Esguire Address P O Box 165028 Attorney for party named above (please print) Cnlumbus OH 43216 5028 Atty File No 23008502 314307 Telephone 614 220 5611 Fax 614 220 5613 A1?“ D Number E Mail KMWoIf@manleydeas com Wm U) %: Agn| 27 2023 Attorney Signature Date Choose only the one descriptiqu winch best reflects the prInr/pal type of case or 721(2)“ sought from the list Case Description APPEAL Intentional TOR Minor Court Assault and Battery Money Judgment Defamatian Landlord and Tenam Employment/Wrongful Disd’large Code Enforcement False Imprisonment Personal lniury Fraud Breach of Contract Malicious Prosecution Other Negligence Motor Vehicle Local Agency Real Propeny Civil Service Premises Liability Motor Vehicle Product Liability menses and Inspections Toxic Ton Liquor Control Board Asbestos Tax Assessment Boards DES Zoning Board Implant Other Toxic Wane Other Proceedings Commenced by Puma" Proiessiunal Malpractice Appointment by Arbitramrs Dental Change of Name Legal Compel Medical Examination Medical Election Matters Other Eminem Domain Equity Leave «2 Issue Subpoena Real Properw Mental Health Proceedings Stockholders Derivakive Action Other Waste Prevention Orher CIVIL ACTIONS COMMENCED BY WRIT OF Declaratory Judgmen‘ SUMMONS DR COMPIAINT Ground Rem Mandamus Abuse 0! Process Real Property Action for Wrangful Death Ejectment Class Action Quie( Title Confession of Judgment/Monev Mortgage Foreclosure X Confessian of Judgment/Real Property Mechanics Lien Contract Panition Cons‘ruction Prevent Waste Insurance/Bad Faith Replevin Negofiable Instruments Saving Anion Um/Uim Other Que Warrants Other IN THE COURT OF COMMON PLEAS DELAWARE COUNTY PENNSYLVANIA U S Bank National Association CIVIL DIVISION Plaintiff Docket No vs John Connolly, Anne Marie Connolly Defendants NOTICE TO DEFEND TO John Connolly 4] I 1 Woodland Avenue Brookhaven PA 19015 NOTICE AVISO You have been sued in court lfyou wish to defend Le han demandado a usted en la cone Si usted quiere against the claims set forth in the following pages defenderse de estas demandas expuestas en las paginas you must take action within twenty (20) days after siguientes, usted tiene veinle (20) alias de plaza al this complaint and notice are served, by entering a panir de la fecha de la demanda y la notificacion written appearance personally or by anomey and Hace falta ascentar una comparencia escrita 0 en filing in writing with the court your defenses or persona 0 con un abogado y entregar a la cone en objections to the claims set forth against you You are forma escrita sus defensas o sus objeciones a las warned that if you fail to do so the case may proceed demandas en contra de su persona Sea avisado que Si without you and ajudgment may be entered against usted no se defiende la cone roman medidas y puede you by the court without further notice for any money continuar la demanda en contra suya sin previo aviso o claimed in the complaint of for any other claim or notificacion Ademas la cone puede decider a favor relief requested by the plaintiff You may lose money del demandante y requiem que usted cumpla con todas or property or other rights important to you las provisiones de esta demanda Usted puede perder You vhou/d take ”HUMP" myour lawyer a! once If dlnero 0 :us propiedades u otros derechos Imponantes you d0 not have a 11myer or cannot aflord am: go to para uste or lelephane (he oflice 52! f0th below lofind out Lleve esla demanda a 1m abagada Immedlalamenle S1 where you can get legal help no Ilene abagado a S! n0 Ilene e! dmera xufiuenle d8 pagar ml SEWICIO Vaya en persona a [lame por Lawyers Reference Service Ielefimo a [a oficina cuya direccmn :2 ancuemm Delaware County Bar Association escrna abajo para averlguar dande se puede 335 W351 Front SING! consegwr aslslencm legal Media PA 19063 (610) S66 6625 Lawyers Ram“ Delaware County Bar Association 335 West Front Street Media PA |9063 (610) 566 6625 IN THE COURT OF COMMON PLEAS DELAWARE COUNTY PENNSYLVANIA U S Bank National Association CIVIL DIVISION Plaintiff Docket No vs John Connolly Anne Marie Connolly Defendants NOTICE TO DEFEND TO Anne Marie Connolly 411] Woodland Avenue Brookhaven PA [9015 NOTICE AVISO You have been sued in court lfyou wish to defend Le han demandado a usted en la cone Si usted quiere against the claims set forth in the following pages, defenderse de estas demandas expuestas en las paginas you must take action within twenty (20) days afier siguientes usted tiene veinte (20) dias de plazo al this complaint and notice are served, by entering a partir de la fecha de la demanda y la notifieacion written appearance personally or by anomey and Hace falta ascentar una comparencia eserita 0 en filing in writing with the court your defenses or persona 0 con un abogado y entregar a la cone en objections to the claims set fonh against you You are forma escrita sus defensas o sus objeciones a las warned that if you fail to do so the case may proceed demandas en contra de su persona Sea avisado que si without you and ajudgment may be entered against usted no se defiende, la cone tomara medidas y puede you by the court without further notice for any money continuar la demanda en contra suya sin previo aviso o claimed in the complaint of for any other claim or nolificacion Ademas la cone puede decider a favor relief requested by the plaintiff You may lose money del demandante y requiere que usted cumpla con todas or property or other rights important to you las provisiones de esta demanda Usted puede perder You shouldlake this paper loyour lawyer at once If dmero 0 ins proptedades u otros derechos Importantes you do not have a lawyer or cannot afford one go m para uste or telephone [he ofice 31:]f0th below to find 011/ Have mm demanda a 1m ubagada Immedlulamenle V! where you can gel legal help no Ilene abogado o 31 no Ilene e] dinera tuficwn/c d2 pager Ia! servxclo Vaya en persona 0 [lame par Lawyers Reference SerVIce telefono a [a oficma cuya dureccron re encuenrra Delaware County Bar Association escrrta abtyo para averlguar donde se pucda 335 WES! FY0111 SUCK?! cansegutr a:lstencm legal Media, PA 19063 (610) 566 6625 Lawyers Reference Service Delaware County Bar Association 335 West Front Street Media PA 19063 (610) 566 6625 23 008502 MKM IN THE COURT OF COMMON PLEAS DELAWARE COUNTY PENNSYLVANIA U S Bank National Association CIVIL DIVISION 2800 Tamarack Road Owensbom Kentucky 42301 NO Plaintiff V5 John Connolly 4111 Woodland Avenue Brookhaven PA 19015 Anne Marie Connolly 4111 Woodland Avenue Brookhaven PA 19015 Defendants CIVIL ACTION IN REM COMPLAINT IN MORTGAGE FORECLOSURE l The Plaintiffis U S Bank National Association 2800 Tamarack Road Owensboro Kentucky 42301 (hereinafier Plaintiff) 2 The names and last known addresses of the Defendants are . John Connolly with a last known address of“ 1 1 Woodland Avenue, Brookhaven, PA 19015 0 Anne Marie Connolly, with a last known address of411| Woodland Avenue, Brookhaven PA 19015 23 008502 MKM C2 3 On or about June 26 2009 John Connolly and Anne Marie Connolly executed and delivered a promissory note secured by the Mortgage (the "Promissory Note") Plaintiff is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed Plaintiff is the person entitled to enforce the Promissory Note 4 On or about June 26 2009 John Connolly and Anne Marie Connolly executed and delivered ‘0 Mortgage Electronic Registration Systems, Inc , as nominee for Capital Financial Mortgage Corporation its successors and assigns a Mortgage upon the real property commonly known as 41 i 1 Woodland Avenue, Brookhaven, PA 19015, as more fully described in the legal description attached as Exhibit A (the "Property') in the original principal amount 0f$185 948 00 (the Mortgage ) 5 The Mongage was recorded August 4 2009 as Document ID 2009051252 and recorded in Book 04599, Page 03] l, Recorder's Office, Delaware County, Pennsylvania The Mortgage is attached as Exhibii B and is incorporated herein by reference The folio number is 05000l42900 6 Plaintiffis ‘he mortgagee by assignment The Mortgage has been assigned from Mortgage Electronic Registration Systems Inc as nominee for Capital Financial Mongage Corporation its successors and assigns to U S Bank National Association as set forth below 0 Assignment of Mongage recorded on April 23 20l3 the mortgage was assigned to U S Bank National Association, which Assignment is recorded in the Office of the Recorder of Daeds for Delaware County as Document ID 2013025604 and recorded in Book 05310 Page 1448 the Assignment ofMongage is anached hereto as Exhibii C and is incorporated herein by reference 23 008502 MKM 7 Plaintiff is entitled to enforce the Mortgage 8 The original obligations of the Mortgage and Promissory Note have been modified by agreement of the parties (the Loan Modification") A copy of the Loan Modification is attached hereto as Exhibit D The Loan Modification may include an increase in the principal balance deferred amount and additional financial obligations 9 John Connolly and Anne Marie Connolly are the record owners mortgagors or both of the Property l0 The Mortgage is in default for the failure to remit monthly payments as required beginning on December 1 2022 and subsequent payments As a result, the Plaintiffhas accelerated the amount due and owing secured by the Mortgage 1I Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 9] of 1983, as amended in 2008, and/or Notice of Default as required by the Mortgage and Promissory Note as applicable have been sent to the Defendants copies of which are attached hereto as Exhibit E 23 008502 MKM l2 As of May 19 2023 the amount due and owing Plainfiffis as follows Principal $ 16] 052 38 Interest from November I 2022 to May 19 2023 @ 4 375W $ 3 870 50 Escrow Advance S 1473 IO! Recoverable Balance 5 160 00 Less Suspense Balance (if applicable) 3 10 00! TOTAL 5 164 609 78 plus interes: and all other additional amounts authorized under the Mortgage Loan Modification, Promissory Note, and Pennsylvania Law actually and reasonably incurred by Plaintiff including but not limited to costs (including escrow advances) and Plaintiffs anomeys fees and expenses Plaintiff reserves the right 10 file a motion in the above captioned action to add such additional sums authorized under the Mortgage, Loan Modification, Promissory Note, and Pennsylvania Law to the above amount due and owing when incurred 23 008502 MKM WHEREFORE P1aintiff respectfully requests that this Court enterjudgmem in favor of Plaintiffas follows (a) an in remjudgmcnl in mortgage foreclosure against John Connolly and Anne Marie Connolly in the amount 0f$164 609 78 plus interesl costs fees and charges collec‘able under the Mortgage and Promissory Note and Pennsylvania law, including, but not limited to reasonable anomey fees and costs, and (b) an in rem judgment in mortgage foreclosure against all Defendants for the judicial sale ofthe Property R Sp ctfully submitted inlwwm I I I U132$ Katherine M Wolf Esquire (314307) Kimberly] Hung Esquire (74950) Michael E Carleton Esquire (203009) Meredith H Woolers Esquire (307207) Matthew P Curry Esquire (322229) Alyk L Oflazian Esquire (312912) Cristinal Connor Esquire (318389) Manley Deas Kochalski LLC P 0 Box 165028 Columbus OH 43216 5028 Telephone 614 220 5611 Fax 614 220 5613 Email KMW01f@manleydeas com Anomey for Plaintiff 23 008502 MKM VERIFICATION I Samantha Wedding hereby state that I am Officer of U S Bank National Association ("U S Bank") U S Bank maintains and is in control ofall documents and records supporting the statement in the affixed Complaint in Mortgage Foreclosure and is the appropriate entity to make this verification l have reviewed the business records relating to this account and am authorized to make this verification I hereby verify that the statements made in the Complaint in Mortgage Foreclosure are true and correct to the best of my information and belief I understand that this ‘ statement is made subject to the penalties of 18 Pa C S Sec 4904 relating to unswom falsification to authorities W Name Samantha Wedding Title Officer Company U S Bank National Association Date SIEZIZQZZZ File No 23 008502 Borrower Name John Connolly and Anne Marie Connolly 23 008502 MKM ECVC CERTIFICATION I certify that this filing complies with the provisions of the Public Access Pallcy (2/1118 UnifiedJudlclal System quennsylvama Caxe Records offhe Appellate and Tm)! Court; that require filing confidential information and documents differently than non confidential infomation and documents 1 : LO Q Katherine M Wolf Esquire (314307) Kimberly] Hang Esquire (74950) Michael E Carleton Esquire (203009) Meredith H Woolcrs Esquire (307207) Matthew P Curry Esquire (322229) Alyk L Oflazian Esquire (312912) Cristina L Connor Esquire (318389) Manley Deas Kochalski LLC P O Box |65028 Columbus OH 43216 5028 Telephone 614 220 5611 Fax 614 220 5613 Email KMWolf@manleydeas com Anomey for Plaintiff 23 008502 MKM firm km 22mm #m § figmg 3 ggmizx msgggxgé ~ «5%» xmwlg rangmazfiiwé mszéit x Writ yam” 1g 2:.» $99335: :3 mswaw :3 susrgdsgmc i :39! Wwwf; v_- $4:me 1: mg a A mm; '3 1%? «ea: 1: m wag ta Jazz w—éz 3; 5&3? wait E 23753:: @251; i sawmas’ E W+xfi S 138% mi: 2 mmmm gammw 593535;“ 3 g mme 3c 21% 2v 7,3154??? 5-; MW ‘1 séa—‘fimm x; 3 m 1mm 1: flszggirm :15. ieyxagzm; z: a raexpyg—zm- r»: gswflww ; amm ?— wmm M1. 3 a :2»; mm rum 5 .131: «@934 km; g :35: 3551132} F; 333%»: a r 4.:— ma: 2/: ' m m4 a =9?!»3n\fi3:§ a firfi’éimm f 5 gmyam 1 :9 =2: eBrgfik §— afiiiz Wilt x :3). also: m g gxagrns 4;“ 3g rams. as: 3 1‘ 5 3 fi’3:;:,. 7 :. . 7 12-22:;227 :7 222 22:27, :7 22222::7; 7 . 7 . . 7 2:72; 1:: 2 2} = E2. 5 22 a 252,222». 25222—2 1222— 222§22 2:2: 12-». :32; 2.2%.2222. 2.22. 2.2.22. 2. 23.27.227.222. 22... ... «:2; =22: 2222' 25522222- .. 2222:22725222 2:22; 42-22.. 2 2.22:. 22.22.22; 222221.322r222n2 {1:222 2: '2? 23222.22 . 22:2; 2.-.:: .2222: 22.22 .2; 2.22:2 2:222:22; 25.322.322.222? 22......22: :2... .2;.....;;;.._;;:2 g 2.2...2 22.22.2225... .. 2.2 .... .... :2 E2 2'2 § 32 .2 2 4: 2 g 2 4 E i 2 i2 .23. 2-.- 3—25- '2f;; :23 3:222 «22222 2 .. 2222—217: 2’ 2: 212:: 1:2: 2.2.2.2 2 2.2 2 2 337522. J“?:;: .132... :2 .2; S2222.“ 22-222 .222 .2. . 2.2.2.2. 2.22222 22 2 222’1:;2:: -. 22'. 2’- g. 2 :2 :2 32.: 23—: 232 2 -. .22. . 2 22 2222222: 222;: E 222222222222. . 2 222 2:2: .. . 2 2 22222222222.- . 22 2 \ RedactedRedacted ‘ Dare JUNE 2 6 2 o a 9 Property Adams 4111 WOODLAND AVENUE BROOKHAVEN PENNSYLVANIA 1 9 01 5 EXHIHT A LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the improvements thereon erected shim III the Borough of ‘ Brookhaven County of Delaware and State of Pennsylvania, being known as Lot #39 on Plan of Lots of Woodland Park, made by Damon and Foster Civil Human April 25 1952 and being more filliy described as follows to wn BEGINNING at a point on the northeasterly side of Woodland Avenue (fifiy feet wide) at the distance of four hImdred seventy six feet North |hirty four degrees thirty two minutes fifiy seconds West from a point in the bed of Bridgewater or Brookhaven Road (thiny three feet Wide) which point is at the (“SERGE of thirteen feel measured Nurth thiIty fom degrees thirty two amines fifiy seconds west from the Southeasterly side of the said Bridgewater or Brookhaven Road Thence extending along the said Northeasteriy side of said Woodland Avenue North (fifiy feet wide) North thirty f0“! degrees thiIty two minutm fifiy seconds west, thirty six and fifiy one hImdredth feet to point of curve having a radius of three hundred ten feet, the arc distance of thiny three and forty eight hnndredths feet to a comer of lot thirty eight on aforesaid plan' thence along sud Lot thirty eight on said Plan North sixty one degrees thirty eight minutes thirty seconds east, one hundred seventy eight and no hundredth; feet to a point m line of Lot No 33 on staid plan; thence along said Lot No 33 on said Plan South forty two degrees fifiy three minutes ten seconds Bash fifiy one and twenty nine IIImdredths fem to a point, a corner of Lot forty on said plan, thence along said Lot No 40 on said Plan South fifiy five degrees twenty seven minuues ten seconds west, one hundred eighty six and twenty one hundmdths feet to the northeasterly side of said Woodland Avenue, the pom and place of begmning FOLIO # 05410-01429 00 ApN # 05 00 01429 00 Dudley: am M41913” WWW ”WWW”! l l I This Security Lusmmm secure: to Lender (am: repayment of the debt evidenced by the Note, with imam, and I all renewals, extensions mud modificnnm of the Now (b) the payment of all other sums with interest, advanced ‘ under paragraph 7 to protect the securityofthis Security Instrument. and (c) the pcrfonmnce omeerfl' : covenants and agreements undn this Sccmity Instnuncllt and the Note For this purpose, Borrower does hereby mortgage, gum and convey to MERS (solely as nominee for Lender and Rude: 5 sucmsors and assigns) and to the successors and assigns of MERE the following described property loaned in DELAWARE County Pemtsylvama SEE mmmmmATECl-EDPEREIOAMDMADEAPARPWAS EXHIBIT "A" A P N 05 00 01429 00 which has the address of 4 1 l 1 WOODLAND AVENUE [W] ERGO KHAVEN Pennsylvania 19 0 15 ( Property Addless ) [CW] [ZIP CW] TOGETHER WITH all the impmvernents now at hereafiet erected on the pmpeny am all easements appurtenances, and fixtures now or herafler a part of the property All replacements and additions shall also be covered by this Security hstmment All thhe {Dregcring is referred to in this Security lumen! as the '1’:me " l Bummer understands and mag that MERS holds nnly legal title to the intmsts grantcrl by Borrow“ in flu: Securin l Instrument but. if necmsary to comply with law or custom, MERS (as nominee for band“ Ind Lands: 5 summon and assigns) has the right to exercisenny a: all nftlmse interests including but not [united to the right to foreclose and mu the Property, and to take any action required of Lender including, but not limich w, relasing ur canceling this Security lnstrumenl BORRDWER COVENANTS that Borrow“ is lawfully scised of the estate hercby conveyed and has the right to mortgage glam and convey the Property and that the Property is unencumbered exam for momma“ of record Borrower warrants and will defend generally the title to the Praperty against all claims and dmds, subject to any encumbranccs of recmd THIS SECURITY INSTRUMENT combines uniform covenants for national use and mu uniform covemnts with limited Variations by jmisd‘mtion to constitute a unifmm wiry instrument covering real property UNIFORM COVENANTS Borrower and Lender cownant and agree as follows 1 Paymgnt M Prinz:an Imus: and Late chug: Borrower shall pay when due the principal of and interest on the debt evidenced by the Note and late charges due under the Note 2 Monthly Plyment of Tues, Insurance, and Other Chlrges Burrowcr shall include in each monthly payman togethcr with lb: pdncipal Ind imam as set forth in the Net: and any late charges a sum {or (3) taxes and special assessments levied or to be levied against the Property (1)) leasehold payments or ground (ml: 311 the Property and (c) pxemiums {or insurance xequired undu paragraph 4 In any year in which the Lender must pay a mortgage Immlme pxemium lo the Secrelmy of Housing and UIban Devglopmenl ("Secretary"), or in any yea: m ‘ l magmuqficlw/IOJEORTGAGE MRS Page 2 D. m mulfllc mm smug 2:: l l l l l which such premium would luv: been required if Lender still held the Security Instrument, each monthly payment shall also include either (i) a sum fur the annual mortgage insuflnce premium to be mid by Lender to the Secretary or (u) a monthly charge instead of a mortgage insurance premium if this Security lament is held by the Secretary Ill areasonAble amount to be determined by the Secxeury Except for the monthly charge bythe Secretary these items are called "Escrow Items" and the sums paid to Lends! are called "Escrow Funds " Letitia may at any hm, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amt that may be required for Bonower' s eseruw Mom! under the Real Estate Settlement Procedures Act of 1974 12 U s c §2w1 m and implementing regulations 24 CFR Pan 3500 as they may be amended \ fiom time to time ("RESPA ’) except that the cushion m reservepermilted by RESPA tor unanticipated disbursements I or disbursements before the Borrowex's payments are available in the account my not be based on amounts due (0! the mmgage insurance pranium. If the amounts held by Lends: fur Esuow Items exceed the ummmts permitted tab: held byRESPA Lender shall accennt l0 Borrowem' for the excess funds as required by RESPA If the antenna of funds held by Lender at any time are not sufficient to ply the Escrow Items when due Lender my notify the Barrow Ind require Borrow to make up the shortage as “mm by RESPA The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument 1r Barrow" tenders tn Lmdex the full payment of all such sums Borxowu s Iccmmt shall be :1er with the balance remaining for all installment items (a) (b) and (c) and any mortgage insurance premium instaleent tlm Lcndcx has not become obligated to pay to the Secretary and Lender shall promptly refund any excess funds to Bormwer Immediately prior to a foreclosure sale at the Pmpeny or its acquisition by Lender Borrower s awoum shall be credited with any balance remaining fix all installments for items (a), (b) and (c) a Applintlnn “Phylum All payments under paragraphs l and 2 shall he applied by Lender as follows F IRST tn the mortgage insurance premium m be paid by Lender to the Seuelnry or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium SECOND to any mes, special assessments leasehold payments or ground tents and fire flood and other hazard insurance praniums, as required, THIRD to interest due under the Note FOURTH to amortization nfthe principal of the Note and ‘ BETH» to late charges due nude: the Note A Flre, Flood and Other Huard Insurance Borrower shall insure all improvements on the Propeay ‘ whether nnw in existence or subsequently erected, against any haunts, casualties, and contingencies, Including fire, {0! which Lender requires insurance This insurance shall be maintained in the amounts and for the periods that Lenda requires Borrowet shall also insure all impmvmlcnts on the Properly. Whether naw m existence or subsequently erected agau'mt loss by floods w the exlent requiwd by the Secrme All insurance shall becuried wnh mpaHies approved by Lender The insurance policies and any renewals shall be held by Lender and shall include loss payable aims at favor of, and m a form acceptable to, Lendex In the event of loss, Eatmwer shall give Lender inimedilte notice by mail Lender may make proof of loss lfnot nude promptly by Borrowet Each insurance company concexmd ls hereby authorized and duected tn make payment for such lass directly to Lend“ instead of (a Barrow" and to Lender jointly All Ur any part cf the insurance proceeds may be applied by Lender at its Option either (a) to the reduction of the indebtedness under the Note and this Security Instrument first tn any delinquent mums applied in the order In pamgraph 3 and than to prepayment of principal or (b) to the restoration or "pail or the dxmaged Property Any application of the proceeds to the principal shall mt extend or postpone the due date afthe monthly payments which we refund lo in paragraph 2, or _——___— i FHA PENNSYLVANlA MORl'GAK MERS mew 5013-5491362 I PAMTGZ FHA 11101105 Hg: 3 ol10 wwvl mem l l change the amount ofsuch payments Any excess insurance proceeds over an amount required to pay an outmntlhg ; 1|]de under tlle Note and this Security Instrument shall he paid to the mhty legally mfled theteto I In the event efforeclosure of this Security Imminent 0! other hamlet ofhtle to the Propeny thlt extinguishes the indebtedness, all nghL title and Imam of Bottom! tn and lo insumnee pollcm in fume shall pass tn the purchaser 5 Occlpulty, Preservation, Mnlntenance Ind Protection of the Property. Borrower‘s Loan Apphc-uon; Leasehold; Borrower shall occupy, establish, and use the Property as Borrower 5 principal residence within my days ah; the execution of this Security Instrument (ox within Sixty days of a later sale or transfer of the Property) and shall continue to occupy the Progeny as Barrowa's principal residence for It least one year me; the date of occupancy unless Lender determines mm tequirement will clause undue hardship for Borrowex, or unless extemaung circumstances exist which ale beyond Borrower 5 control Bonower shall notify Lender of my extermtmg circumstances Bmovm shall not commit waste or destroy, damage or substanlillly Change the Property or allow the Property to deteriorate reasonable Wen! and tear excepted Lender may inspect the Property If the Properly IS vacant or abandoned M the loan is in default Lend: my take reasonable action to protect and preserve such vacant or abandoned Properly Borrower shall also be in default if Borrower during the lam hyplication process, gave materially false or inaccurate inletmahon or statements to Lender (or filed to provide Lender with any menu] information) in connectth with the [nan evidenced by the Nor: lncludmg but not limited to representations concerning Borrower‘s occupancy at the Property as a principal residence If this Security Instmmem is on a leasehold, Bormwer shall Dumply wsth the provlsiam of the lease If Borrowex acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in wilting 6 Condemnadnn The proceeds of any award or claim for damages direct at consequential, In mmmm with any condemnautm or other taking or any part of the Property or for conveyance in place ofwmlemnamm, are hetehy Isslyled and shall he paid to Lender m the extent ofthe full amount at the indebtedness that remains unpaid under the Note and this Security Ihsmuneht Lendex shall apply such proceeds to the rematch or the indebtedness under the Note and this Security Instrument, first to any dellnqumt amounts applied in the ordex ptovlded m paragzapll 3, and then to prepayment of plineipll Any nppllclllon of the proceeds to the principal shell not extend cl postpone the due date ofthe monthly payments which he referred to m parugtapll 2, or change the amount of such payments Any excess proceeds over an amounl required an pay all umstamling indebtedness under theNoie and thus Security Instrument shall be paid to the entity legally entitled thereto 7 Charges to Borrower and Pmettlon of Lender's Rights in the Property Borrower shall pay all governmental m municipal charges, fines and Imposition: that are net lncllldad m paraglaph 2 Bormet shell pay t these obligations on tune direcfly to the entity which is owed the payment It failure In pay would adversely afiect Lendet' 5 interest in the Property, upon Lender‘s request Borrower shall prmnptly furnish to Lmder receipts evidencing these payments If Borrower fails to make these payments or the payments quuired hy paragzaph 2, or fails Io perform my other covenants and asteCments contained in this Security lmmtment or thete is a legal proceedmg that may significantly affetx Leader 5 rights in the Progeny (such as a proceeding m bankruptcy for condemnation or to enforce laws or regulators), then lender may do And pay whatever is necessary to pram the value of the Progeny and Lendet s tights in the Property including payment of taxes, hazard insurance and othel items mentioned in paragraph 2 Any amounts disbursed by Lender under this paragnph shall become an additional debt offlonowel and be secured by this Security Inslmmerlt These mums shall beat mines! from the dam ofdlsbursemeht at the Note tale, and at the option of Lender shall he immedlalely hue and payable Bonower shul promptly dlschaxge any lien which has priority ova this Sacuri|y Instrument unless Ban'qu (a) agrees in wn'ung to the payment of the obllgation seemedby lhe lien in antenna awemable to Lender, (b) comm in good mm the lien by or defends against enfoloemenl or the lien in, legal proceedings which in the Lenders FHA PENNSYLVANIA MORTGAGE MERS Down: mm: Madam”: PAMTGZ FHA 1110mm Page 4 at 10 mm WW”!!! I I w \ opinion operate to prevent the enforcment of the lien or (c) secures from the holder of thz lien an agreement snlisfxctory to Lender subordinating the lien to this Smity Instrument If Lender determines that any part offing meny is subject to a lien which may attain priority ever this Sccurity Instrument, Lender may give Burrows: a mlice identil‘w'ng the lien Barrows! shall satisfy the lien or take cue or more of the actiuns set forth above within 10 days of the givmg of notice 2: Fans. Lender may collect fees and charges authmized by an Secretary 9 Cmunds for Acceleration of Debt. (in) Def-ulL Lendel may except as limited by regulations issued by the Set!” In the case of payment defaults, require Immediate payment in full of all sums secured by this Security Inslrilment if (i) Bormwer defaults by failing to pay in full any monthly payment required by ms Security Instrument prior to or on the due dale ofthe next munthly payment, or (ii) Borrower defaults by failing. for a period of Lhirly days to peiftyrm any other obligaLions mnthined in this Securin Instrument (b) Sale Within" Credit Appmval Lender shall ifpermntted by applicable law (including section 341m) of the Gan: St Germain Depository Institution. Act of 1982 12 U SC 1701J 3(a)) and with the prior approval afthe Secremry require immediate payment in full of all mus secured by tins Security instrument if (i) All or part of the Pmpcrty or a beneficial interest in :- trust owning all or put ofthe Property is 501d or otherwise transfenod (other than by devise or descent), and ‘ (ii) The Property Is not occupied by the purvhaser or gimme as his 0! her principal residence or mi: purchaser or grantee does so occupy the Property but his or her credit has not been approved in Mcmdflnoe with the requirements of the Secretary (c) No Waiver If circumstances 0cm“ that wanid perm" Lends! to require immadinle payment in full but Lender am not require such payments, Index does not waive its rights With (5pm in subsequent mam (d) Regnllhons ofHUD Secret-ry In my circumstances regulation. issued by the Secretary will limit Lender 5 rights in the case ofpay'meut defaults to xequirc immediate payment in hill and foreclose if not paid This Security histmmem does not authorize accelemlion or foreclusure if not penmmd by regulations of the Seaeury (e) Mortgagc Nat Insured Borrower agrees that if this Security Instmment and the Note are not determined to be eligible for inmIrmee nude! the National Housing Act within 6 0 DAYS fruit the dim hereof Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrumenl A writta'i stltzment of any authorized agent of the Semaary datad subsequent to 6 0 DAYS Emmi the date hereof declining to insure this Security Instrument and the Nate shall be deemed cunclusiye proof of such indigihiliiy Notwithstanding the foregoing, this option may not be exercisedhy Lendei when the unavailability of insurance is solely due toLender's fiilure to remit 2 mmtgxge immune premium in the Secretary 10 Ralstalemgnt Borrower has a tight [0 be reinstated if Lender has required immediate payment in full because of Borrower's Mime to pay an amount dine under the Note or this Sammy Instrument This right applies even aha foreclosure proceedings are instituted To reinstate the Security Instrument, Borrower Shall tender In a lump sum all amounts requirodto bung Borrower's mount current including, to the extent they are obligations of Bummer under this Security 115mm, foreclusure costs and remmhlc and custom momeys' fees and expenm : properly associated With the foreclosure ptooeeding Upon reinstatement by Borrower, this Security Men! and the obligations that it seems shall remain in effect as if Lender had not required immediate payment in full Howevar Lender is not required to permit reinstatement if (i) Lender has accepted reinstatement am: the commencement of fureClnsure proceedings within two years immediately preceding the commenwment of a current FHA PENNSYLVANIA MOWGAGE MEPs nmcm 00M" use PAMTGZ FHA tt/ot/oa Page 5 0'10 mm doom cm foreclosure proceeding, (ii) reinstalement WI“ medias foreclosure on different grams in the filillre, or (iii) icinmtemenl will adversely affect the priority subs lien created by this Security Instrument i 11 Borrower Not Relened, Forbeannce hy Lender Nut . w-mr Extension of the time of payment at madlficalion ofamortizahcn of the sums secured by this Security Instrument gamed by Lender to any succusor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrow s successors in interest Lendet shall not be required no commence proceedings against any successor in interest or refuse to extend time for paymenl or otherwise modin mimiution ofthe sums secured by this Semity Instrument by mass ofany demand made by the original Borrower a erower's successms ii. intetest Any fmhearance by Lender in exerclsmg any right 01 [amdy shall not be a waiver of or preclude the exercise nfmy right or remedy 12 Success“: Ind Assigns Bound, Joint and Several Linbility; CarSIglluss n: covenants and hyacinth ‘ of this Security Instrument shall bind and benefit the summers and migns “Lender and Bormwer, subject to the ‘ provisivns nfpamgxaph 9a,) Bontrwa s covenants and agreements shall be mint and scveial Any Bormwcr who co sighs this Security Instmmem but does not execute the Note (a) is co signing this Security Instrument only to \ mortgage yam and convey that Borrow s Interest in the mpeny under the terms ofthis Security Instrument (b) is not personally obligated to pay the sums secured by this Security Instrument and (c) ayees mat Lender and any other Barrows: my agree to extend modify foshm or make any accommodations with regard to the terms of this Security Instrument or the Nat: without that Barrowei' s Cmtsan 13 Nation Any none: to BorrWet provided for in this Semity Instrument shall be given by delivering it at ‘ by mathng it by first class mail unless applicable law requires use ofanuthei method The notice shall be dixccted ‘ to the Property Address 01' any 0th“ address Borrower designates by notice to Lendei Any notice to Lender shall be given by first class mail to Lends: s address stated herein or any address Lender designates by notice to Barrower Any notice provided {m in this Security [nstmmmt shsii be deemed to have been given to Borrower 0! Lendet when given as provided in this pmgupb 14 Governing Law, Severlhihty This Security Instrument shall be governed by federal law and the law at the julisdictirm in wh