HomeMy WebLinkAbout02-4673Spear & Hoffman, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
Attorney I.D. No. 80057
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No.: 9736877
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUS~qESS
AS KEYSTONE FINANCIAL MORTGAGE
1 FOUNTA1N PLAZA
BUFFALO, NY 14203
PLAINTIFF,
VS.
BERNARD A. PINCKNEY AND
SHELLEY D. PINCKNEY
LOT 23 FISH HATCHERY RD.
NEWVILLE, PA 17241
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 0~, -- d~ ?.g
COMPLAINT - CIVIL ACTION
COMPLAINT IN MORTGAGE FORECLOSUR~
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you
must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and
a judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
SHERIFF'S RETURN -
CASE NO: 2002-04673 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS AND TRADERS TRUS
VS
PINCKNEY BERNARD A ET AL
REGULAR
DAWN KELL
Cumberland County,Pennsylvania, who being duly
says, the within COMPLAINT - MORT FORE was
PINCKNEY BERNARD A
Sheriff or Deputy Sheriff of
sworn according to law,
served upon
the
DEFENDANT , at 2000:00 HOURS, on the 7th day of October , 2002
at 123 FISH HATCHERY RD
NEWVILLE, PA 17241
BERNARD A PINCRNEY
a true and attested copy of COMPLAINT -
by handing to
MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this /¥ ~ day of
(~¢"Y'~-~ c.2 (20 ~L~ A.D.
P~rdt hon6t ary
So Answers:
R. Thomas Kline
10/09/2002
SPEAR & HOFFMAN
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-04673 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS AND TRADERS TRUS
VS
PINCKNEY BERNARD A ET AL
DAWN KELL , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
PINCKNEY SHELLY D the
DEFENDANT , at 2000:00 HOURS, on the 7th day of October , 2002
at 123 FISH HATCHERY RD
NEWVILLE, PA 17241
BERNARD PINCKNEY
by handing to
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 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /~ day of
/ ;Prothonotary
So Answers:
R. Thomas Kline
10/09/2002
SPEAR & HOFFMAN
By:
Deputy Sheriff
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la
notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la
corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea
avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra
suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere
que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus
propiedades o otros dereches importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
Spear & Hoffman, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
Attorney I.D. No. 80057
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No.: 9736877
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE
1 FOUNTAIN PLAZA
BUFFALO, NY 14203
PLAINTIFF,
VS.
BERNARD A. PINCKNEY AND
SHELLEY D. PINCKNEY
LOT 23 FISH HATCHERY RD.
NEWVILLE, PA 17241
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is MANUFACTURERS AND TRADERS TRUST SUCCESSOR BY
MERGER TO KEYSTONE FINANCIAL BANK N.A. DOING BUSINESS AS KEYSTONE
FINANCIAL MORTGAGE, Authorized to do business in Pennsylvania pursuant to Certificate of
Authority #965 l with its principal place of business located at 1 FOUNTAIN PLAZA
BUFFALO, NY 14203.
2. The names and last known addresses of the Defendants are: BERNARD A. PINCKNEY
AND SHELLEY D. PINCKNEY, 123 FISH HATCHERY RD., NEWVILLE, PA 17241.
3. The interest of each individual Defendant is as mortgagor, real owner of the real property
subject to the mortgage described below, or both.
4. On or about OCTOBER 8, 1999, Mortgagors made, executed and delivered a Mortgage
upon the premises hereinafter described to KEYSTONE FINANCIAL BANK, N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE, which Mortgage is recorded as follows:
Office of the Recorder of Deeds in and for CUMBERLAND COUNTY
DATE OF MORTGAGE: OCTOBER 8, 1999
DATE RECORDED: OCTOBER 15, 1999
BOOK: 1576 PAGE: 558
The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g).
A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by
reference.
5. On or about OCTOBER 8, 1999, in consideration of their indebtedness to KEYSTONE
FINANCIAL BANK, N.A. DOING BUSINESS AS KEYSTONE FINANCIAL MORTGAGE,
BERNARD A. PINCKNEY AND SHELLEY D. PINCKNEY made, executed and delivered to
KEYSTONE FINANCIAL BANK, N.A. DOING BUSINESS AS KEYSTONE FINANCIAL
MORTGAGE their promissory Note in the original principal amount of $107,350.00. A copy of said
Note is attached hereto as Exhibit "B" and incorporated herein by reference. The Note is referenced
herein only insofar as the terms of the Note are incorporated into the Mortgage.
6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original
Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the
Mortgage by virtue of the following assignments:
ASSIGNOR: N/A
ASSIGNEE: N/A
DATE OF ASSIGNMENT: N/A
RECORDING DATE: N/A
BOOK: N/A PAGE: N/A
7. The Mortgage is secured by property located at LOT 23 FISH HATCHERY RD.
NEWVILLE, PA 17241, which is more particularly described in the legal description attached hereto as
Exhibit "C" and incorporated herein by reference.
2
8. The Mortgage is in default because the monthly installments of principal and interest and
other charges stated below, all as authorized by the Mortgage, due MAY 1, 2002 and monthly thereafter
are due and have not been paid, whereby the whole balance of principal and all interest due thereon have
become immediately due and payable forthwith together with late charges, escrow deficit (if any), and
costs of collection including title search fees and reasonable attorney's fees.
9. The following amounts are due on the Mortgage:
Principal Balance $105,832.15
9.375% interest from APRIL 1, 2002 to
SEPTEMBER 16, 2002 at $27.18 per day $4,593.42
Accrued Late Charges $178.56
Other Fees $55.50
Attorney's Fees $2,829.50
TOTAL AMOUNT DUE $113,489.13
Interest continues to accrue at the per diem rate of $27.18 for every day after SEPTEMBER 16,
2002 that the debt remains unpaid.
10. During the course of this litigation costs may continue to accrue, including but not limited
to escrow advances, late charges, attorney's fees, etc.
11. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the
Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged.
12. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore,
Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable.
13. Pursuant to the notice provisions of Act 91, 35 P.S. § 1680.403(c), notice was sent to
Defendants, dated JULY 26, 2002. Copies of the notices to the defendants are attached as Exhibit "D".
Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed
in the notice and/or have further failed to meet the time limitations specified in the notice and/or have
been denied assistance from the Pennsylvania Housing Finance Agency.
14. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "E".
WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff
and against the within named property of the Defendants in the amount set forth in paragraph 9, together
with interest accruing after SEPTEMBER 16, 2002 to the date of Judgment, plus 6% legal rate of
interest from date of Judgrnent to Final Sale, and Sheriff Sale costs, together with all costs of suit and any
money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges
for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in
paragraph 10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and
for foreclosure and sale of the Mortgaged property.
4
VERIFICATION
The undersigned hereby states that he/she is an authorized officer, representative or agent for
Plaintiff in this action and that he/she is authorized to make this Verification on behalf of Plaintiff, and
that the facts set forth in the foregoing Complaint are taken from records maintained by persons
supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the
ordinary course of business and that those facts are true and correct to the best of his/her knowledge,
information and belief.
THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HERE1N ARE MADE
SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION
TO AUTHORITIES.
Name: Peri Sarac-Flihan ~
Company: Manufacturers & Traders Trust Co.
Title: Banking Officer
Exhibit "A "
CERTIFIED TO BE A
TRUE AND CORRECT
COPY OF THE ORIGINAL
OPEN END MORTGAGE - THIS MORTGAGE SECURES FUTURE ADVANCES
MORTGAGE
THIS MORTGAGE ("Security Instrl)menl") is given on OCTOBER Eth
1999 . Thc mortgagor is BERNARD A PINCKNEY, and SMELLEY D PINCKMEY, Husband and Wife
("Borrower"). Tiffs Securhy Instrumcnl is given to KEYSTONE FINANCIAL
BANK, N.A. DOING BUSINESS AS KEYSTONE FINARCIAL MORTGAGE , whlch is organized and existing
under the laws of UNITED STATES OF AMERICA , and whose address is
2270 ERIN COURT P.O. BOX 7628 , LANCASTER, PA 17604-7628 ("Lender").
Dollars (U.S. $ 107,350. O0 ). This debt is evidenced by Borrower's mile
dated tile same da~e as fids Security Inslrument ("Note"), which provides for monthly payments, with Ihe full debt, if not
paid earlier, due and payable on DECEMBER 1st , 2030 . This Security Inslrumem secures to
Lender: (a) ibc repayment of the debt evidenced by tim Note, with inleresl, and all renewals, extensions and
modifications of the Note; (b) Ibc payment of all other sums, with inleresl, advanced under paragraph 7 Io protect the
Security Instrumcnl and tim Note?For ~hJs purpose, Borrower does hereby mortgage, granl and convey to Lender the
following described property located in CUMBERLAND Coumy, Pennsylvania:
'SEE ATTACHED LEGAL DESCRIPTION'
which has the address or LOT 23 FISH HATCHERY ROAD
[SlreelI
Pennsylvania 17241 (.Property Address~);
NEkWILLE
ICily]
TOGETHER WITH all the improvements now or hercafier erected on lhe property, and all easements,
appurtenances, and fixtures now or hercafier a part of the property. All replacements and additions shall also be
covered by Ihls Security Instrument. All of the foregoing is referred Io in this Securily lnslrument as the 'Property.~
BORROWER COVENANTS Ihat Borrower is lawfully seised of the cstale hereby conveyed antl has the right to
mortgage, grant and convey the Property and that the Properly is unencumbered, except for encumbrances oF record.
Borrower warrants and will defend generally the tide Io the Property against all claims and demamls, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants wiIh
It) Lender on the day nmnthly payments are due under the Nole, until Ihe Note is paid in full, a sum (*Funds~) for: (a)
leasehold p:0m~cnls or ground rents on the Property, if any; (c) yearly hazard .r property insurance premiums; (d)
yc~rly ~t~od insurance premiums, ii any; (c) yearly mortgage insurance premiums, if any; and (f) any sums payable by
Borrower to Lender, in accordance will~ tile provisions of paragraph 8, in lieu of the payment of mortgage insurance
Thc Funds shall bc h ~ an inslllutlon whose deposits ar6 insured by a fedora ~¢y, ]nstrumcnlalily, or cnlity
(inchldlng Lender, if Lender ~s such an instilution) or in any Federal Home Loan Bank. Lender shall apply the Funds Itl
pay the Escrow Items. Lcndcr may not charge Borrower for braiding and applying the Funds, annually analyTing Ihe
escrow acconnb or verifying thc Escrow Items, unless Lender puys Bore,wee interest on the Funds and applicable law
indepcndcnt real cstalc tax reporling scrvlce used by Lender in connection wilh tiffs tolln, u,less applicahlc law provides
otherwise. Unless :tn agrccmenl is made or applicable law requires inlcrcsl to be paid, Lender shall not be required to
credits and debits to Ihe Funds and the purpose for which each debil tr~ Ihe Funds was made. Thc Funds are pledged as
adddionaI securily for ag sums secured hy Ihls Security Instrument.
If lhe Fnnds held by Lender exceed Ihe amounts permitted to be held by applicable law, Lender shall account
np the deficiency in no more than twelve mnmh]y payments, at Lender's sole discretion.
Upon paymcnl in fall of nil sums secured by this Securily Inslrumenl, Lender shall promptly refund to Borrower
~my Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell lhe Property, Lender, prior to the
ncquisillon or sale of Ihc Property, sh;lll apply any Funds held by Lender al thc lime of acquisition or sale as a credit
3. Applicatlnn of Payments. Unless applicablc law provides otherwise, all payments received by Lender under
paragraphs I and 2 shall be applied: first, to any prepaymcnl charges due under the Nt)le; second, to amounts payable
under paragraph 2; Ihlrd, Io inleresl due; fourlh, It> principal due; and last, to any ]ate charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and imposilions attribulable lo the
Property which may atlain priority aver this Securily Inslrumcng and leasehold payments or gn-ound rents, if any.
Borrower shall pay Ihcse obllgalions in Ibc manner provided in parngraph 2, or if mil paid in thai manner, Borrower
amounls Ii) be paid nndcr Ibis paragraph. If Borrower makes Ihcsc payments dirncHy, Borrower shag promptly furnish
to Lender rcccipts cvldencing thc puymcnls.
Borrower shall promptly discharge nny Ilea which has priority (wer this Seeurily lnslrumenl unless Borrower: (it)
agrees in writing Io the payment of Ih;: obligation secured by Ihe lien in a manner aeeepu~ble ltl Lender; (b) conlests in
good I)dth the lien by, or defends against cnforcemenl of Ihe lien in, legal proceedings which in the Lender's opinion
Lender subordin;tllng thc lien Io this Security Instrument. If Lender determines thai any part of tim Properly is subject
to a lien which may allain priority over this Security Instrument, Lender may give Borrower ~ notice identifying Ihe lien.
Borrower shall satisfy the lien or take one or more of the ;~ctions set forth above wilbin 10 days r~f the giving of notice.
5. Itnznrd or Pr~perly Insurance. Borrower shall keep the improvements now existing or hereafter creeled on the
including I]oods or I]ooding, for which Lender requires insurance. This insurance shall be maintained in the amounts
snhjcel lo Lender's approvul which shi~lI nut be unreasonably withheld. I[ Borrower fails lo maintain coveragt~ described
paragraph 7.
Ali insurance policies and renewals shall be acceplable 1o Lender and shall include a standi~rd mortgage clause.
Lender shall have Ihe right to hold the pollcics and renewals. If Lender requires, Borrower shall promplly give
repair et thc Property damaged, if Ihe reslorallon or repair is economically feasible and Lender's seeurily is
lessened. If the restoratirm or repair is riel economicagy feasibh: or Lender's security woukl be lessened, Ihe insurance
proceeds shall be applied Io the sums secured hy this Securhy Inslrument, whether or riel then due, wilh any excess paid
The 30 da), period will bcgin when Ihe notice is given.
Unless Lender and Borrower olherwise agree in writing, any application nf proceeds lo principal shall not extend
payments. If nnder paragraph 21 lhe Properly is acquired by Lender, Borrower's right to any insurance policies and
scented by Ihls Sccurity Inslrumenl immediale]y prior to thc acquisition.
Property. Borrower shall bc in delhult if any fnrfeilure action or proceeding, whether civil or criminal, is begun thai in
Lender's good faith judgment could result in forfeiture of the Property or otherwise malerially impair the lien created
parugraph 1S, by causing the aclion or proceeding to be dismissed wilh a ruling thai, in Lender's good faith
provide Lemler wilh any material information) in connection wilh [he loan evidenced by the Note, including, hut not
LOAN ID: 00073745
ctmtained in this Security l...,trument, or there is a legal proceeding Ihal may significa.tly affccl Lender's rights in
gccu~ity Instrnment, appearing in court, paying reason,able altorncys' fees and entering on thc Property lo make repairs.
Any amounls disbursed by kender under this paragraph 7 shall beeorne additional debt of Borrower secured by
interest from the date of disbursement al thc Nole rale and sh~dl be payable, with interest, upon nc, rice from Lender to
8. Mortgage Insur'ance. If Lender rcqulred morlgage insurance as a condition of making lhe loan secured by lhls
Security Insn ument, Bt~rrower shall pay Igc premiums required lo maint~fin the mortgage insurance in effect. If, for any
Borrower shall pay to Lender each month a sum equal to one-t',velfth of thc yearly mortgagg ins.rancc premium being
shall give Borrower notice al Ihe time of or prior ~o an inspecllon specifying reasonable cause for Igc inspeclion.
assigned ami shall be paid In Lender.
lhe stzms secured by this Security Instrumenl immedialely before lhe taking, unless Borrower and Lender olherwise
mulfipllcd by fl~e fogowing fraction: (a) lhe total amounl of fl~e sums secured immediately before Igc taking, divided by
in writing or unkss applicable law olherwise provides, lhe proceeds shall be applied to the sums secured by lifts Security
If the Properly is ~tbandoned by Bt*rrower, or if, after notice by Lender Io Borrower tha! fl~e condemnor offers Io
Unless Lender and Borrower otherwise agree in writing, any application of proceeds Io principal shall nol exlend
modification of amortization of Iht: sums secured by this Securily Inslrument granted by Lender ltd any SUCCessor in
inlerest of Bt~rrower shall not operale to release lhe liability of the original Borrower or Borrower's successors in
13. Lean Charges. If the loan secured k,y Ihis Security Inslrumenl is subject to a law which sets maximum loan
principal owed under thc Note or by making a direct paymenl Io Borrower. If a refund reduces principal, Ihe reduction
14. Notices. Any notice Io Borrower provided for in Ihis Security Instrumenl shall be given by delivering il or by
LOAN ID: 00073745
LOAN ID: 00073745
CERTIFICATE OF RESIDENCE
I, MAROE BILINSKI , DO HEREBY CERTIFY THATTHE CORRECT
ADDRESS OFTHE WITHIN NAMED LENDER IS KEYSTONE FINANCIAL MORTOACE
2270 ERIN COURT P.O. BOX 7628, LANCASTER, PA 17604-7628.
Wilness myhand this 8th
Agent {ff Lender
dayof OCTOBER , 1999
LOAN ID: 00073745
~ Adjuslnble Rule Rider
[] Condominium Rider
[] 1-4 Family Rider
[] Gradualcd Payment Rider [] Planned Unit Development Rider [] Biweekly Payment Rider
[] Balloon Rider
[] Rate Improvemem Rider
[~Second Home Rider
[] OIher(s) [speclfyl
BY SIGNING BELOW, Borrower accepts and agrees to Ihe terns and covenants comalned in Ihis Security
instrumenl and in any rider(s) executed by Borrower and recorded with it.
SIIELL~¥~-PI WO~NRY (~ -Borrower
(SCM)
-Borrower
(Seal)
-Borrower
COM MONWEALTIt OF PENNSYLVANIA, ~X} N1 ~o Oe' t'/"~d'-O County ss:
On this, dm day or 0 ~ , Iq~q, before me,
the undersigned officer, personally appeared
D.7
knmm to me (or satlsfactorily~r~sn) Io be Ihe person(s) whose name(s) is/Oubscribed to {he within instrument
and acknowledged Iha{ he/shd/~xeculed {he ~me For the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NO]ARIAL SEAL
Camp IlJll II0m. Cunlb~flad Courtly [
My Commission Expires Nov. 15,~999 I
LOAN ID: 00073745
ADJUSrFABLE IL~TE RIDER
(1 Year Treasury Index - Rale Caps)
THIS ADJUSTABLE ILa. TE RIDER is made this 8th day of OCTOBER, [999 , and is
incorporated into anti shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security
Instrument") of Iht same date given by the undersigned (Ihe 'Borrower") to secure Borrower's Adjustable Rate Note (the
(the ~Lcnder") ol the same date and covering Ihe properly described in Ihe Security Inslrumenl anti localcd at:
TIlE NOTE CONTAINS PRDVINIONS ALLDWING FOR CIIANI;ES IN TIlE INTEREST RATE AND
TIlE MONTIILY PAYMENT. TIlE NOTE LIMITS TIlE AMOUNT TIlE BORRDWER'S INTEREST
RATE CAN CIIANGE AT ANY ONE TIME AND TIlE MAXIMUM RATE TIlE Bf)RROWER MUST
PAY.
ADDITIONAL COVENANTS. In addillon to the covenants and agreements made in the Security Inslrument, Borrower
and Lender further covenanl and agree as follows:
A. INTEREST RATE AND MONTIILY PAYMENT CIIANGES
Thc Nolo provides for an inillal inleresl rate of w~
monthly payments, as follows:
%, Tile Note provides for changes in Ihe interest rate and the
4. INTEREST RATE AND MDNTIILY PAYMENTCIIANGES
lA) Change Dales
The interesl rate I will pay may change on the first day of *~ ~'~ , and on Ihat day every
lB) The Index
Beginning with Ihe first Change Dale, my interest tale will be based on an Index. The ~Index~ is Ihe weekly average yield
on United Stales Treasury securilies adjuslcd lo a constant malurily of I year, as made available by thc Federal Reserve Board.
If lhe Index is no hmger avalhdfie, the Note Holder will clmose a new index which is based upon comparable information.
The Nole Holder will give me notice of this choice.
lC) Calculation arChanges
Belbrc each Change Date, the Nole Ho]der wfil calculate my new interest tale by adding
(0.125%). Subject Io Ihe limils slated in Section 4(D) below, Ibis rounded amount will be my new inlerest rate until the next
The interest rate I am required to pay at lhe first Change Dale will not be grealer Ihan ~* % or less than
TWO AND NO/lO0 percent from Ihe rate oF interest I have been paying for lhe preceding
(E) Elll. clive Date of Changes
11. TRANSFER OF TIlE PROPERTY OR A BENEF'ICIAL INTEREST IN IIORROWER
Security Instrument. Lender also shMI not exercise this option iff la) Borrower causes to be suhnlitted to Lender information
required by Lender Io evalualc the inlended transferee as if a new [Dan were being made to the transferee; and lb) Lender
Ttl Ibc extent permitted [ plicable law, Lender may charge a reasonable fee as ~ ti6on Io Lender's c~msent Itl tilt:
h,an assunlp0on. LcIIdcr may illhtl rcqulre Ibc transferee to sign an assumption ngreemenl t~al is acceptable 1o Lcmler and thai
ubligatcs [he transferee to keep ail thc promises ~md agreemenls made in the Note and in Ibis Security Instrument. Borrower
will continue to be obligulcd under thc Note and this Security Inslrumcnl unless Lender releases Borrower in wriling.
If Lender cxerclscs thc option to require immediale paymenl in full, Lt'nder shall give Borrower notice of acceleration.
Thc notice shall provide a period of not less Ihan 30 days from the dale Ihe notice is delivered ar nmilcd wilhin which Borrower
must pay all sums secured I~y Ibis Securily lnslrumenl. If Borrower fitiIs to pay these sums prior Io the expiration of Ihls perlod,
Lender ma5, invoke any remedies pcrmltlcd by this Securily Instrument without further nolice or demand on Borrower.
BY SIGNING BELOW, Borrtlwer accepls ;~nd agrees Ill the lerms and covemlnts conlalned in Ihls Adjustable Rate
Rider.
(Seal)
LOAN ID: 00073745
Exhibit "B "
ADJUSTABLE RATE NOTE
(1 Year Treasury Index - Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND
MY MONTHLY PAYMENT. THIS NOTE LIMITS THE MVlOUNT MY INTEREST RATE CAN
CttANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
OCTOBER og
1999 CAMP HILL PENNSYLVANIA
[City] [Slate/
LOT 23 FISH HATCHERY ROAD, NEWVILLE, PA 17241
l. BORRDWER'S PROMISE TO PAY
In return for a loan that i have received, I promise to pay U.S.$ 107,350.00
(this anmunt is called ~principal"), plus interest, to the order of the Lender. The Lender is
KEYSTONE FINANCIAL BANK, N.A. DOING BUSINESS AS KEYSTONE FINANCIAL HORTGAGE
I understand that thc Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who is entitled
to rccct~c payments under this Note is called the "Note Holder.'
2. INTEREST
Interest will he charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly
rate ol ** %. The interest rate 1 will pay will change in accordance with Section 4 of this Note,
The interest rate requined by this Section 2 and Section 4 of this Note is the rate I will pay both before and alter any
dcfauh described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Pa3anents
I will pay principal mad interest by making paymcnts every month.
I will make my monthly payments on the first day of each month beginning on ** , ** . l will
make these payments every month until i have paid all of the principal and [merest and any other charges described below that
I may owe under this Note. My monthly payments will be applied to interest before prittcipal. If, on
** , I still owe amounts under this Note, I will pay those amounts in full on that date, which is
called the "maturity dater
I will makc my momhly payments at 2270 ERIN COURT P.O. BOX 7628, LANCASTER, PA 17604-7628
or at a different place if required hy the Note Holder,
(B) Amount of My Initial Monthly Payments
Each of my initial ~nonthly payments will be in the amount of U.S. $ **
Tiffs amount may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must
pay. The Note Ho der w de ermine my new interest rate and the changed mount of my monthly payment in accordance with
Section 4 of this Note.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may' change on the first day of **
month thereafter. Each date on which my interest rate could change is called a "Change Date."
and on that day every /2th
LOAN ID: 00073745
Form 3502 3/85
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. ~he "Index" is the weekly average yield
on Uaitcd States Treasury securities adjusted to a constant maturity of I year, as made available by the Federal Reserve Board.
The most recent Index figure available as of thc date 45 days before each Change Date is called the ~Current Index."
If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information.
Thc Note Iloldcr will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
THREE AND N0/100 percentage points ( 3.000 %) to the Current Index.
The Note Holder will then round the result of tkis addition to the nearest one-eighth of one percentage point (0.125%). Subject
to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the moatMy payment that would be sufficient to repay the unpaid
pfiucipal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially
equal payments. Thc result of this calculation w~ll be the new mount of my monthly payment.
(D) Limits on Interest Rate Changes
The intcrest rate I am required to pay at the first Change Date will not be greater than ** % or less than
** %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than
TWO AND NO/k00 percentage point(s) ( 2.000 %) from the rate of interest I have been paving for the
preceding twelve months. My interest ram will never be greater than ** %.
(E) EIl'ective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payraent
beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again.
(F) Notice of Changes
Thc Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly
payment bcfure the effective date of any change. The notice will include information required by law to be given me and afso
the title and telephone number of a person who will answer any question 1 may have regarding the notice.
5. BORRHWER'S RIGIIT 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 w~l tell the Note Holder in writing that i am doing so.
I may make it full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all
of my prepayments to reduce the amount of principal that l owe under this Note. If I make a partial prepayment, there wig bc
no changes in thc due dates of my monthly payments unless the Note Holder ag'tees in writing to those changes. My partial
prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment.
However, any reduction due to my partial prepayment may be offset by an interest rate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge
shall be rcduced hy the amount necessary to reduce the charge to the permitted limit; and (fi) any sums already collected from
me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be
treated as a partial prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges fi)r Overdue Payments
II thc Note Holder has not received the full amount of any monthly payment by the end of 3_5 calendar days
after the datc it is duc, I will pay a late charge to the Note Holder. The amount of the charge will be 5. 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 thc full amount of each monthly payment on the date it is due, I will be in default.
Page2of4
LOAN ID: 00073745
(C) Notice o1' Default
If I am in dclault, the Note Holder may send me a wxitten notice telling me that, t do not pay Lhe overdue amount by a
certain date, the Note Holder may require me to pay immediately the lull amount of principal which has not been paid and all
thc interest that I owe on that a~ount. That date must be at least 30 days after the date on which the notice is delivered or
mailed to mc.
(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 full as described
above, thc 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
I[ the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
bc paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
8. GI¥1N(; OF NOTICES
Unless applicable law requires a different method, any notic~ 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 ill 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 mailing it by first class mail to the Note
Holder it thc address stated in Section 3(A) above or at a different address if I am given a notice of that different address.
9. DBLIGATIONS OF PERSDNS UNDER THIS NOTE
If more than one person signs this Note, each person is ~ully 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 gnarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against each person individually or against all of us together. This means that any one of us may be required to
pay all of the amounts owed under this Note.
10. WAD/ERS
1 and any other person who has obligations under this Note waive the rights of presentment and notice or' dishonor.
'Trcscntmcnt" means the right ti) require the Note Holder to demand payment of mounts due. "Notice of dishonor~ means the
right to rcqulre thc Note Holder to give notice to other persons that amounts duc have not been paid.
11. UNIFOR~I SEUURED NOTE
Tiffs Nt~te is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to thc
Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument'), dated thc same date as
this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this
Note. Tbat 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:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part ol' the Property or any interest
in it is sold or transferred (or if a beneficial interest in Borrower is sold ox' transferred and Borrower is nut a natural
person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all
sums secured by this Security Instrument. However, this option shall not be exercised by Lender d exercise is
prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a)
Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if
a new inan were being made to the transferee; and (b) Lender reasonably determines that Lender's security w~ll not
be impaired by thc loan assumption and that the risk of a breach of any covenant or agreement in this Security
Instrument is acceptable to Lender.
To thc extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's
consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep ag the promises and agreements made in thc Note
and in this Security Instrument. Borrower will continue to be obhgated under the Note and this Security Instrument
unless Lender releases Borrower in writing.
Page 3 of 4
LOAN ID: 00073745
If Lcndcr exercises the ()pt to require immediate payment in full, Lc - shall give Borrower notice of
acceleration. Thc notice shall provtae a period of not less than 30 days from the tl,~[c the notice is delivered or mailed
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums
prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without
further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
BERNARD A PINCKNEY ~J Borrow
v4,7N~b,b 10 ~O 7ff ts~a,)
**SEE ADDENDUM TO NOTE
(Seal)
[Stgn Onginal Only]
Page 4 of 4
LOAiq ID: 00073745
XED RATE DURING CON ~FRUCI'ION
ADDENDUM TO NOTE
FIXED RATE CONSTRUCTION LOAN
Pursuant to a Construction Loan Agreement C'Agrcement~) dated even date herewith, the undersigned ("Borrower") has
agreed to borrow from KEYSTONE FINANCIAL BANK, N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE ("Lender') and Lender has agreed to lend to Borrower
$107,350.00 or so much thereof as shall be requcs ed by Borrower to finance the construction described in
the Agrccment.
THE FOLLOWING COVENANTS ARE HEREBY INCORPORATED INTO THE NOTE BY WAY OF THIS
ADDENDUM:
FOR VALUE RECEIVED, Borrower promises to pay to the order of Note Holder the principal sum of
$1.07,350.00 or so much thereof as may from time to lime be advanced under the Agreement with imerest
on the unpaid principal balance as advanced and other fees with respect thereto from the date of the Note at the rate(s)
and times as follows:
(a) Interest only at the construction loan rate of EIGHT AND ZERO HUNDREDTHS percent ( 8.000%) per
annmn on the principal sum or so much thereof as may from time to time be advanced shall be due and payable ha
monthly payments commencing NOVEMBER 01,1999 and continuing on the first day of each
month until the earlier of (i) the date of note modification (as described below) or (ii)
NOVEMBER 01,2000
(b) Upon thc e~lier of (i) the date of execution of the note modification or (ii)
NOVEMBER 01,2000 , the rate of interest on the unpaid principal balmace and repayment terms
shall be established at the rate then publicly quoted by Lender or at the rate Borrower has locked into (if the rate locked
into by Borrower has expked, then the rate shall be the higher of the rate locked into or the rate then publicly quoted by
Lender). Borrower may, upon written request to Lender, request modification of the Note at any time within thirt~ days
slier thc completion of construction. Provided that Borrower is in compliance with all terms and provisions of thc loan
documents, Borrower and Lender shall enter into a Note Modification Agreement which shall be in form and substance
satisfactory to Lender and which shall set forth, among other things, these permanent loan prov/sions. The first monthly
principal and interest payment will be due on the first day of the second month after the Note Modh~cation Agreement
has been executed. Interest to the end of the month in which the note modification occurs will be payable at the time of
note modification. In the event Borrower shall fail or refuse to enter into a Note Modification Agreement then,
notwithdstanding the foregoing, interest shall continue to accrue on the principal sum or so much thereof as may from
time to lime be advanced at the construction loan rate of EIGHT AND ZERO HUNDREDTBSpercent ( 8.000% )
and such failure or refusal shall constitute a default under the Note and, notwithstanding language to the contrary
contained in thc Note or Mortgage, the unpaid principal balance, together with the accrued haterest thereon at the
construction loan rate, shall be immediately due and payable without presentment, demand, protest or notice of any
kind. Furthermore, in the event Borrower defaults under the terms of the loan documents during the construction phase
of the loan, including without limitation, failure to pay interest at the construction loan rate as and when due, such
default shall consfitute a default under the Note, and notwithstanding any language to the contrary contained ha thc
Notc, the Mortgage or the commitment letter (i) Lender shall have no obligation to fund the permanent mortgage and
(ii) thc unpaid principal balance, together with the accrued interest thereon at the construction loan rate, shall be
immediately due and payable without presentment, demand, or protest or noticc of any kind.
BORROWER ACKNOWLEDGES THAT THE INTEREST RATE AND MONTHLY PAYMENT APPLICABLE
TO THE PERMANENT LOAN MAY BE HIGHER OR LOWER THAN PRESENTLY AVAILABLE FROM
LENDER AND BORROWER ACCEPTS AND AGREES TO SUCH INTEREST RATE RISK. IN PARTIAL
MITIGATION OF SUCH RISK, LENDER AGREES THAT THE INTEREST RATE APPLICABLE TO THE
FIXED RATE PERMANENT LOAN SHALL NOT EXCEED 14% PER ANNUM.
LOAN ID: 00073745
Exhibit "C"
Exhibit "D "
l Ic T iortg qge Corporation
1-800-724-1633
July 26, 2002
Bernard A Pinckney
123 Fish Hatchery Rd
Newville, PA 17241
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
CURRENT LENDER/SERVICER:
Bernard A Pinckney
Shelley D Pinckney
123 Fish Hatchery Rd
Newville, PA 17241
9736877
M&T Mortgage Corporation
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINAINCIAL ASSISTANCE WItlCH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH TIlE PROVISIONS OF T}{E HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISH]SD
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the
end of this Notice. THiS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR
MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit
counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30)
days after the date of this meeting. The names, addresses and telephone numbers of desigmated consumer
credit counseling agencies for the county tn ~vhich the property is located are set forth at the end of this
M&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840
1-800-724-1633
Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediateIv of your
intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set
forth later in this Notice (see following pages for specific information about the nature of your default.) If
you have tried and are unable to resolve this problem with the lender, you have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must
fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your
application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLO;VING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property
located at:
123 Fish Hatchery Rd
Newville, PA 17241
IS SERIOUSLY 1N DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
Regular monthly payments of $i,022.51 for the months of
05/01/2002 through today's date: $3,067.53
Other charges: Accrued late charges; $133.92
Accrued other fees: $ 15.00
TOTAL AMOUNT PAST DUE: $3,216.45
HOW TO CURE THE DEFAULT --You may cure the default ~vithin THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
M&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffato, New York 14240-0840
Corporation
1-800-724-1633
$3,216.45, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAY PERiOD. Payments must be made either by cash, cashier's check,
certified check or money order made payable and sent to:
M&T Mortgage Corporation
One Fountain Plaza / 7th Floor
Attn: Payment Processing
Buffalo, NY 14203
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date Of this
letter:
IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This
means that the entire outstanding balance of this debt wilI be considered due immediately and you may lose
the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to
pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before
the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's
fees that were actually incurred, up to $50.00. However, if Iegal proceedings are started against you, you will
have to pay all reasonable attorney's lees actually incurred by the lender even if they exceed $50.00. Any
attorney's fees will be added to the amount you owe the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay
attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal baIance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to
cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by
paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and
costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in
writing by the lender and by performing any other requirements under the mortgage. Curing your default in
the manner set forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERiFF'S SALE DATE -- It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could be held would be approximately 10 months from the date
of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: M&T Mortgage Corporation
Address: P.O. Box 840
Buffalo, NY 14240
Phone Number: (800) 724-1633
M&T Mod.gage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840
MaS Mortgage Corporation
1-800-72q-1633
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheri~tPs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale,
a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You __ may or ~X may not sell or transfer your home to a buyer
or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are
satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Sincerely,
Evelyn Wilson
Enc: Act 91 Notice
Consumer Credit Counseling Agencies Serving Your County
Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840
MaT Mortgage Corpora[ion
1-800-724-1633
Date: July 26, 2002
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in
the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be
able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE.
Take this Notice with you when you meet with tile Counseling Agency.
The name~ address and phone number of Consumer Credit Counseling Agencies
serving your County are listed at the end of this Notice. If you have any questions, you
may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons
with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain
it. You may also want to contact an attorney in your area. The local bar association
may be able to help you find a lawyer.
LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONT1NUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENC1A (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRiBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL
DERECHO A REDIMIR SU HIPOTECA.
~q&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840
Counseling Agencies in Cumberland County
LOAN NUMBER 9736877
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717) 334-15t8
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Community Action Commission of
Captial Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Financial Counseling Services of
Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
(717) 232-2207
Urban League of Metropolitan Hbg
2107 N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
Mortgage Corporat_,on
1-800-724-1633
July 26, 2002
Shelley D Pinckney
123 Fish Hatchery Rd
Newville, PA 17241
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
CURRENT LENDERJSERVICER:
Bernard A Pinckney
Shelley D Pinckney
123 Fish Hatchery Rd
Newville, PA 17241
9736877
M&T Mortgage Corporation
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with one of the cbfisumer credit counseling agencies listed at the
end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT {30) DAYS. IF YOU DO
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOT[CE CALLED"HOW TO CURE YOUR
MORTGAGE I~__E?AULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit
counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30)
days after the date of this meeting. The names, addresses and telephone numbers of designated consomer
credit counselnm agencies for the county in which the property is located are set forth at the end of this
M&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0B40
Mortgage Co . Joration
1-800-724-1633
Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your
intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set
forth later in this Notice (see following pages for specific information about the nature of your default.) If
you have tried and are unable to resolve this problem with the lender, you have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must
fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR
MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your
application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring; it up to date).
NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property
located at:
123 Fish Hatchery Rd
Newville, PA 17241
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
Regular monthly payments of $1,022.51 for the
05/01/2002 through today's date:
Other charges: Accrued late charges:
Accrued other fees:
TOTAL AMOUNT PAST DUE:
months of
$3,067.53
$ 133.92
$ 15.00
$3,216.45
HOW TO CIIRE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
M&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840
M g' Mo ga e Corp
1-800-724-1633
$3,216.45, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check,
certified check or money order made payable and sent to:
M&T Mortgage Corporation
One Fountain Plaza / 7th Floor
Attn: Payment Processing
Buffalo, NY 14203
You can cure any other default by taking the follow'inK action within THIRTY (30) DAYS of the date of this
letter:
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This
means that the entire outstanding balance of this debt will be considered due immediately and you may lose
the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made ~vithin THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to
pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before
the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's
fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will
have to pay ali reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any
attorney's fees will be added to the amount you owe the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay
attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal baIance
and all other sums due under the mortgage.
RiGHT TO CURE THE DEFAULT PRiOR TO SHERIFF'S SALE -- If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to
cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by
paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and
costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in
writing by the lender and by performing any other requirements under the mortgage. Curing your dethult in
the manner set forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately 10 months from the date
of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Ofcoorse,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: M&T Mortgage Corporation
Address: P.O. Box 840
Buffalo, NY 14240
Phone Number: (800) 724-1633
N&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840
MaT /iortgage Corporation
1-800-724-I633
EFFECT OF SHERIFF'S SALE -- You should realize that a SherifPs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale,
a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You __ nmy or X may not sell or transfer your home to a buyer
or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the morfgage are
satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MOKTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT iNSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
TO SEEK PROTECTION UNDER THE FEDEP-~L BANKRUPTCY LAW'.
Sincerely,
Evelyn Wilson
Enc: Act 91 Notice
Consumer Credit Counseling Agencies Serving Your County
M&T Mortgage Corporation · Correspondence · P.O, Box 840, Buffalo, New York 14240-0840
Mortgage Corpo at,on
1-800-724-i633
Date: July 26, 2002
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default~ and the lender
intends to foreclose. Specific information about the nature of the default is provided in
the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be
able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help~ you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE.
Take this Notice with you when you meet with the Counseling Agency.
The name~ address and phone number of Consumer Credit Counseling Agencies
serving your County are listed at the end of this Notice. If you have any question% you
may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons
with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain
it. You may also want to contact an attorney in your area. The local bar association
may be able to help you find a lawyer.
LA NOTIFICACION EN Al)JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA T1LA_DUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEG1BLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL
DERECHO A REDIMIR SU HIPOTECA.
r,1&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840
Counseling Agencies in Cumberland County
LOAN NUMBER 9736877
Adams County Housing Authority
139-I43 Carlisle St.
Gettysburg, PA 17325
(7t7) 334-1518
CCCS of Western PA
2000 Linglesmwn Road
Harrisburg, PA 17102
(717) 541-1757
Community Action Commission of
Captial Region
[ 514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Financial Counseling Services of
Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
(717) 232-2207
Urban League of Metropolitan Hbg
2107 N. 6th Street
Harrisburg, PA 17101
(7I 7) 234-5925
Exhibit "E"
NOTICE REQUIRED BY THE FAIR DEBT COLLECTION
PRACTICES ACT, (the Act) 15 U.S.C. SECTION 1601 AS_ AMENDED
1. This law firm may be deemed a "debt collector" under the Fair Debt Collection
Practices Act. Any and all information obtained during the prosecution of this lawsuit may be
used for the pm-pose of collecting a debt.
2. The amount of the debt is stated in the attached letter.
3. The Plaintiff as named in the attached letter is the creditor to whom the debt is owed,
or is the servicing agent for the creditor to whom the debt is owed. The undersigned attorney
represents the interests of the Plaintiff.
4. The debt described in the letter evidenced by the copy of the mortgage note attached
hereto will be assumed to be valid by the creditor's law firm unless the debtor, within thirty days
after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof.
5. If the debtor notifies the creditor's law firm in writing within thirty days of the receipt
of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a
verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's
law firm.
6. If the creditor named as Plaintiff in the attached letter is not the original creditor, and
if the debtor makes a written request to the creditor's law firm within the thirty days from the
receipt of this notice, the name and address of the original creditor will be mailed to the debtor by
the creditor's law finn.
7. FEDERAL LAW GIVES YOU THIRTY DAYS AFTER YOU RECEIVE THIS NOTICE TO DISPUTE
THE VALIDITY OF THE DEBT OR ANY PART OF IT. THE LAW DOES NOT REQUIRE THAT WE WAIT
UNTIL THE END OF THE THIRTY-DAY PERIOD TO CONTINUE WITH THE SUBJECT LEGAL ACTION. IF,
HOWEVER, YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR WITHIN THE THIRTY-DAY PERIOD THAT BEGINS WITH YOUR RECEIPT OF THIS
LETI'ER~ THE LAW REQUIRES THAT WE SUSPEND OUR EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE MORTGAGE AND NOTE, INCLUDING SEEKING A DEFAULT
IN THE FORECLOSURE SUIT FOR YOUR FAILURE TO RESPOND TO THE ATTACItED COMPLAINT
WITHIN THE TIME REQUIRED UNDER TI4E SUMMONS~ UNTIL WE MAIL THE REQUESTED
INFORMATION TO YOU. IF YOU REQUEST VALIDATION OF THE DEBT, AS STATED
HEREIN, YOU ARE UNDER NO OBLIGATION TO RESPOND TO THE SUMMONS AND
COMPLAINT UNTIL WE RESPOND WITH THE REQUESTED INFORMATION
8. Written requests should be addressed to Spear & Hoffman, P.A., at 1020 North Kings
Highway, Suite 2103 Cherry Hill, NJ 08034.
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNt(
Manufacturers & Traders Trust
Successor by Merger to Keystone
Financial Bank N.A. Doing Business
as Keystone Financial Mortgage
VS.
Bernard A. Pinckney
and
Shelley D. Pinckney
Civil Divisiion
No. 02-46'73
SUGGESTION OF BANKRUPTCY
To: Prothonotary
Please note upon the record that Bemard A. Pinckney and Shelley D. Pinckney,
the defendants in the above-captioned action, filed a Voluntary Petition in Bankruptcy with
the United States Bankruptcy Court for the Middle District of Pennsylvania at Harrisburg,
PA, on January 2, 2003, at 9:00 o'clock A.M., which petition was docketed to 1-03-00002.
PURSUANT TO THE PROVISIONS OF 11 U.S.C. §362(A), AN AUTOMATIC STAY IS IN
EFFECT FOR ALL PROCEEDINGS INVOLVING THE ABOVE-NAMED DEFENDANT(S).
CERTIFICATE OF SERVICE
I, Richard L. Bushman, Esquire, attorney for the above captioned defendant(s)
in the bankruptcy proceeding before the United States Bankruptcy Court for the Middle
District of Pennsylvania, do hereby certify that on the date set forth below I served the
within "Suggestion of Bankruptcy" by depositing a copy of' the same in the United States
Mail, postage prepaid, at Spring Run, Pennsylvania, addressed to the parties or attorney's
of record as follows:
Manufacturers & Traders Trust
Successor by Merger to Keystone
Financial Bank N.A. Doing Business
as Keystone Financial Mortgage
I Fountain Plaza
Buffalo, NY 14203
Date: i' o~. 0 ~
Spear & Hoffman PA
Thomas J. Hombeck Esquire
1020 North Kings Hwy
Suite 210
Cherty Hi~ NJ 08034 ......... ./
. ,.., ~-',.,, .,.,;~-.-
~cha~d L. B~n, Esquire
~A6767 Path Vary Road P.O. Box 51 /
Spring Run, ~17262-0051
[717] 349-7657
SPEAR & HOFFMAN, P.A.
BY: KEVIN P. DISKIN, ESQUIRE
ATTORNEY I.D. NO. 86727
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
LOAN# 9736877
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE
I FOUNTAIN PLAZA
BUFFALO, NY 14203
PLAINTIFF,
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET 02-4673 CIVIL TERM
BERNARD A. PINCKNEY AND SHELLEY
D. PINCKNEY
LOT 23 FISH HATCHERY RD.
NEWVILLE, PA 17241
DEFENDANTS
PRAECIPE FOR JUDGMENT FOR FAILURE
TO ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Enter Judgment IN REM in the amount of $108,895.71 in favor of the Plaintiff and against the
defendant(s), jointly and severally, for failure to file an answer to Plaintiff's Complaint in Mortgage
Foreclosure within 20 days from service thereof and assess Plaintiff's damages as lbllows and
calculated as stated in the Complaint:
Principal of mortgage debt due and unpaid
Interest at 9.375% from APRIL 1, 2002
to FEBRUARY 27, 2004
(698 days @ $27.18 per diem)
Late charges (for certain months prior
to default and every month after
at a rate of $44.64 per month)
Other Fees
Attorneys Fees (As stated in Complaint)
TOTAL AMOUNT DUE
. QUIRE
Attorney lbr Plaintiff
$105,832.15
$18,971.64
$178.56
$55.50
$2,839.50
$108,895.71
AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and
damages are assessed as above in the sum of $108,895.71 /")
P'-RO PROTHY
SPEAR AND HOFFMAN, P.A.
· BY: LAURENCE R. CHASHIN
ATTORNEY I,D. NO. 77558
1020 NORTH KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
FAX (856) 755-1570
ATTORNEY FOR PLAINTIFF, LOAN NO.: 9736877
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE
PLAINTIFF,
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.02-4673 CIVIL TERM
BERNARD A. PINCKNEY AND SHELLEY D.
PINCKNEY
DEFENDANT(S)
NOTICE
To:
BERNARD A. PINCKNEY
123 FISH HATCHERY RD.
NEWVILLE, PA 17241
Date of Notice: DECEMBER 9, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN
THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND Y~)U MAY LOSE
YOUR PROPERTY OR OTHER IMPORTANT RiGHTS. YOU SHOULD TAKE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
LAURENCE R. CHASH1N
Attorney for Plaintiff
THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT
COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING
THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
SPEAR AND HOFFMAN, P.A.
BY: LAURENCE R. CHASHIN
ATTORNEY 1.D. NO. 77558
1020 NORTH KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
FAX (856) 755-1570
ATTORNEY FOR PLAINTIFF, LOAN NO.: 9736877
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE
PLAINTIFF,
VS.
BERNARD A. PINCKNEY AND SHELLEY D.
PiNCKNEY
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.02-4673 CIVIL TERM
NOTICE
To:
BERNARD A. PINCKNEY
LOT 23 FISH HATCHERY RD.
NEWVILLE, PA 17241
Date of Notice: DECEMBER 9, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU
IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARiNG AND YOU MAY LOSE
YOUR PROPERTY OR OTHER IMPORTANT RiGHTS. YOU SHOULD TAKE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONI~ THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN~GEg' HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
LAURENCE R. CHASHIN
Attorney for Plaintiff
THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT
COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING
THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
SPEAR AND HOFFMAN, P.A.
BY: LAURENCE R. CHASHIN
ATTORNEY I.D. NO. 77558
1020 NORTH KiNGS HIGHWAY
SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
FAX (856) 755-1570
ATTORNEY FOR PLAINTIFF, LOAN NO.: 9736877
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE
PLAINTIFF,
VS.
BERNARD A. PINCKNEY AND SHELLEY D.
PINCKNEY
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.02-4673 CIVIL TERM
NOTICE
SHELLEY D. PINCKNEY
123 FISH HATCHERY RD.
NEWVILLE, PA 17241
Date of Notice: DECEMBER 9, 2002
IMPORTANT NOTICE
YOU APdE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU
1N THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE
YOUR PROPERTY OR OTHER iMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
LAURENCE R. CHASHIN
Attorney for Plaintiff
THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT
COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING
THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
SPEAR AND HOFFMAN, P.A.
BY: LAURENCE R. CHASHIN
ATTORNEY I.D. NO. 77558
1020 NORTH KINGS HIGHWAY, SUITE 210
CHEP,-RY HILL, NEW JERSEY 08034
(856) 755-1560
FAX (856) 755-1570
ATTORNEY FOR PLAINTIFF, LOAN NO.: 9736877
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE
PLAINTIFF,
VS.
BERNARD A. PINCKNEY AND SHELLEY D.
PINCKNEY
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.02-4673 CIVIL TERM
NOTICE
To:
SHELLEY D. PINCKNEY
LOT 23 FISH HATCHERY RD.
NEWVILLE, PA 17241
Date of Notice: DECEMBER 9, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FA[LED TO TAKE ACT[ON REQUIRED OF YOU
1N THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE
YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE FOLLOWING OFFICE TO FiND OUT WHERE YOU CAN GET HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249~3166
LAURENCE R. CHASHIN
Attorney for Plaintiff
THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT
COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING
THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
BI8W (12/03)
United States Bankruptcy Court
Middle District of Pennsylvania
Case No, I:03-bk-00002-MDF
In re: Debtor(s) (name(s) used by the debtor(s) in the last 6 years, including married, maiden, trade, and address):
Bernard A Pinckney Shelley D Pinckney
123 FISH HATCHERY ROAD 123 FISH HATCHERY ROAD
NEWVILLE, PA 17241 NEWVILLE, PA 17241
Social Security No.:
xxx-xx-7630 xxx-xx-9016
Employer's Tax I.D. No.:
DISCHARGE OF DEBTOR AFTER COMPLETION
OF CHAPTER 13 PLAN
It appearing that the debtor is entitled to a discharge,
[T IS ORDERED:
The debtor is granted a discharge under section 1328(a) of title 11, United States Code, (the Bankruptcy Code).
Dated: 1/22/04
BY THE COURT
United States Bankruptcy Judge
SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION.
SPEAR & HOFFMAN, P.A.
BY: LAURENCE R. CHASHIN
ATTORNEY I.D. NO. 77558
1020 NORTH KINGS HIGHWAY
SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
FAX (856) 755-1570
ATTORNEY FOR PLAINTIFF
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE
PLAINTIFF,
VS.
BERNARD A. PINCKNEY AND SHELLEY D.
PINCKNEY
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-4673 CIVIL TERM
CERTIFICATION OF
MAILING NOTICE PURSUANT
TO RULE 237.1
The undersigned hereby certifies that a Written Notice of Intention to file a Praecipe for the Entry of
Default Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the
default occurred and at least ten (10) days prior to the date of the filing of the Praecipe for the Entry of
Judgment. A true and correct copy of each Notice is attached hereto, sent as stated.
Dated: DECEMBER 9, 2002
SPEAR & HOFFMAN, P.A.
BY:
LAURENCE R. CHASHIN
Attorney for Plaintiff
SPEAR & HOFFMAN, P.A.
BY: KEVIN P. DISKIN, ESQUIRE
ATTORNEY I.D, NO. 86727
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE
PLAINTIFF,
VS.
BERNARD A. PINCKNEY AND SHELLEY
D. PINCKNEY
DEFENDANT(S)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO. 02-4673 CIVIL TERM
CERTIFICATION OF ADDRESS
I hereby certify that the correct address of the judgment creditor (Plaintifl) is:
MANUFACTURERS AND TRADERS TRUST SUCCESSOR BY MERGER TO
KEYSTONE FINANCIAL BANK N.A. DOING BUSINESS AS KEYSTONE
FINANCIAL MORTGAGE
1 FOUNTAIN PLAZA
BUFFALO, NY 14203
and that the last known address(es) of the judgment debtor (Defendant (s)) is (are):
BERNARD A. PINCKNEY
123 FISH HATCHERY RD.
NEWVILLE, PA 17241
SHELLEY D. PINCKNEY
123 FISH HATCHERY RD.
NEWVILLE, PA 17241
SPEAR & HOFFMAN, P.A.
C//,,KEVIN P. DISKIN, ESQUIR~
SPEAR & HOFFMAN, P.A.
BY: KEVIN P. DISKIN, ESQUIRE
ATTORNEY I.D. NO. 86727
i020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE
PLAINTIFF,
VS,
BERNARD A. PINCKNEY AND SHELLEY
D. PINCKNEY
DEFENDANT(S)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO.02-4673 CIVIL TERM
CERTIFICATE OF SERVICE
We, Spear and Hoffman, P.A., Attorney for the Plaintiff, hereby certify that we have served by
first class mail, postage prepaid, true and correct copies of the attached papers upon the following
person(s) or their attorney of record:
BERNARD A. PINCKNEY
123 FISH HATCHERY RD.
NEWVILLE, PA 17241
SHELLEY D. PINCKNEY
123 FISH HATCHERY RD.
NEWVILLE, PA 17241
Date mailed:
SPEAR & HOFFMAN, P.A.
BY: KEVIN P. DISKIN, ESQUIRE
ATTORNEY I.D. NO. 86727
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE
PLAINTIFF,
VS.
BERNARD A. PINCKNEY AND SHELLEY
D. PINCKNEY
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-4673 CIVIL TERM
AFFIDAVIT OF NON-MILITARY SERVICE
KEVIN P. DISKIN, ESQUIRE, being duly sworn according to law, deposes and says that he is
attorney for Plaintiff in the above-captioned matter, that he makes this Affidavit on Plaintiff's behalf,
and that the statements in this Affidavit are true to the best of his knowledge, information and belief.
Defendant, BERNARD A. PINCKNEY AND SHELLEY D. PINCKNEY, is over 21 years of
age. His last employment is unknown.
Defendant is not in the military service of the United States as contemplated by the Soldiers'
and Sailors' Civil Relief Act, as amended.
This Affidavit is made in connection with the judgment upon a note and mortgage secured upon
the premises located at LOT 23 FISH HATCHERY RD.
NEWV1LLE, PA 17241.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS
DAY OFt_~,~,~,_~ ,
P. DISKIN, ESQUIRE
BRANDI R. PRINCIPE
Fe-vruarv 2~1, (~1~¥ PUBLIC
STATE OF N~ JERS~
MY CO~SiON ~PIRES 11-1
iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL
BANK N.A. DOING BUSINESS AS
KEYSTONE FINANCIAL MORTGAGE
VS.
BERNARD A. PINCKNEY
AND SHELLEY D. PINCKNEY
TO THE PROTHONOTARY OF THE SAID COURT:
( ) Confessed Judgment
( ) Other
File No. 02-4673 CIVIL TERM
Amount Due $108.895.71
Interest 1,825.87
Atty's Comm
Costs
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession ofj udgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, lbr
debt, interest and costs upon the following described property of the defendant(s)
LOT 23 FISH HATCHERY RD.
NEWVILLE, PA 17241
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attaclnnent to the Sheriff of CUMBERLAND Uounty. lbr debt. interest
and costs, as above, directing attachment against the above-named garnishee(s) Ibr the lbllowing property (if real
estate, supply six copies of the description; supply tour copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(s) described in the a~ached exhibit.,~'~'~'""~//J-~'s~'"~'~'~,/~
DATE: February 27, 2004 Signature:
Print Narn~KEVIN l:L DISKIN'~ ESOU1RE
AddresS/. 1020 N. Kin~s Hiehwav, Suite 210
Cherry Hill, N.J. 08034
Attorney for: MANUFACTURERS AND TRADERS TRUST SUCCESSOR BY MERGER TO KEYSTONE
FiNANCiAL BANK N.A. DOING BUSINESS AS KEYSTONE FINANCIAL MORTGAGE
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-4673 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHER/FF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK N.A. DOING BUSINESS AS
KEYSTONE FINANCIAL MORTGAGE, Plaintiff (s)
From BERNARD A. PINCKNEY AND SHELLEY D. PINCKNEY
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) Yon are also directed to attach the proper~y of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $108,895.71
Interest $1,825.87
Atty's Comm %
Atty Paid $136.35
PlaintiffPaid
Date: MARCH 1, 2004
(Seal)
CURTIS R. LONG
Prothono~
Deputy
L.L. $.50
Due Prothy $1.00
Other Costs
REQUESTING PARTY:
Name KEVIN P. DISKIN, ESQUIRE
Address: SPEAR & HOFFMAN, P.A.
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, N.J. 08034
Attorney for: PLAINTIFF
Telephone: 856-755-1560
Supreme Court ID No. 86727
SPEAR & HOFFMAN, P.A.
BY: KEVIN P. DISKIN, ESQUIRE
ATTORNEY I.D. NO. 86727
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE
PLAINTIFF,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 02-4673 CIVIL TERM
BERNARD A. P1NCKNEY AND SHELLEY
D. PINCKNEY
DEFENDANTS
AFFIDAVIT PURSUANT TO RULE 3129.1
MANUFACTURERS AND TRADERS TRUST SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A, DOING BUSINESS AS KEYSTONE FINANCIAL MORTGAGE, Plaintiff
in the above action, by its attorney, KEVIN P. DISKIN, ESQUIRE sets forth, as of the date the
Praecipe for the Writ of Execution was filed, the following information concerning the real property
located at LOT 23 FISH HATCHERY RD.
NEWVILLE, PA 17241:
1. Name and address of Owner(s) or Reputed Owner(s):
BERNARD A. PINCKNEY
123 FISH HATCHERY RD.
NEWVILLE, PA 17241
SHELLEY D. P1NCKNEY
123 FISH HATCHERY RD.
NEWVILLE, PA 17241
2. Name and address of Defendant(s) in the .judgment:
BERNARD A. PINCKNEY
123 FISH HATCHERY RD.
NEWVILLE, PA 17241
SHELLEY D. PINCKNEY
123 FISH HATCHERY RD.
NEWVILLE, PA 17241
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold: NONE
4. Name and address of the last recorded holder of every mortgage of record:
MANUFACTURERS AND TRADERS TRUST SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUSINESS AS KEYSTONE FINANCIAL MORTGAGE
1 FOUNTAIN PLAZA
BUFFALO, NY 14203
KEYSTONE FINANCIAL BANK, NA
2270 ERIN COURT, PO BOX 7628
LANCASTER, PA 17604-7628
5. Name and address of every other person who has any record lien on the property: NONE
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
DOMESTIC RELATIONS
P.O. BOX 320
13 N. HANOVER ST.
CARLISLE, PA 17013
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE - LIEN
BUREAU OF COMPLIANCE
DEPT. 280946
HARRISBURG, PA 17128-0946
ATTENTION: SUE BLOUGH
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG, PA 17128-0601
CUMBERLAND COUNTY
TAX CLAIM BUREAU
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
CAROLYN MCQU1LLEN
TAX COLLECTOR
1044 PINE ROAD
CARLISLE, PA 17013
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
TENANT(S)/OCCUPANT(S)
LOT 23 FISH HATCHERY RD.
NEWV1LLE, PA 17241
1 verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge, information and belief. 1 understand that false statemems herein are made subject to the
penalties of 18 Pa,C.S. §4904 relating to unsworn falsification to authorities.
SPEAR & HOFFMAN, P.A.
- SPEAR & HOFFMAN, P.A.
BY: KEVIN P. DISKIN, ESQUIRE
ATTORNEY I.D. NO. 86727
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE
PLAINTIFF,
VS.
BERNARD A. PINCKNEY AND SHELLEY
D. PINCKNEY
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.02-4673 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO:
BERNARD A. PINCKNEY
123 FISH HATCHERY RD.
NEWVILLE, PA 17241
Your house (real estate) at:
LOT 23 FISH HATCHERY RD.
NEWVILLE, PA 17241
is scheduled to be sold at Sheriff's Sale on JUNE 9, 2004 at:
CUMBERLAND COUNTY COURTHOUSE
2tw FLOOR, COMMISSIONERS HEARING ROOM
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
at 10:00 a.m. to enforce the court judgment of $108,895.71 obtained by MANUFACTURERS AND
TRADERS TRUST SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK N.A. DOING
BUSINESS AS KEYSTONE FINANCIAL MORTGAGE against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
i. The sale will be canceled if you pay to MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK N.A. DOING BUSINESS AS
KEYSTONE FINANCIAL MORTGAGE tile amount of the judgment plus costs or the back payments,
late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (856) 755-1560.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open
the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the
· , ' sale l~r good cause.
3. You may be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder.
You may find out the price bid By calling (717)240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the
sale. To find out if this has happened, you may call (717)240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner
of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings
to evict you.
6. You may be entitled to a share of the money which was paid for your house. A
schedule of distribution of the money bid for your house will be filed by the Sheriff no later than JULY
9, 2004 This schedule will state who will be receiving the money. The money will be paid out in
accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are
filed with the Sheriff within ten (10) days after the date of filing of said schedule.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17103
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
BEING THE SAME PREMISES WHICH LARRY E. FOOTE, SR, ETAL WHICH BY DEED
DATED OCTOBER 6, 1999 AND RECORDED OCTOBER 15, 1999 IN THE RECORDER'S
OFFICE IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN DEED BOOK VOLUME
209, PAGE 926, GRANTED AND CONVEYED UNTO BERNARD A. PINCKNEY & SHELLEY
D., H/W. THE MORTGAGOR HEREIN.
SPEAR & HOFFMAN, P.A.
BY: KEVIN P. DISKIN, ESQUIRE
ATTORNEY I.D. NO. 86727
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE
PLAINTIFF,
VS.
BERNARD A. PINCKNEY AND SHELLEY
D. PINCKNEY
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.02-4673 CIVIL TERM
TO:
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
SHELLEY D. PINCKNEY
123 FISH HATCHERY RD.
NEWVILLE, PA 17241
Your house (real estate) at:
LOT 23 FISH HATCHERY RD.
NEWVILLE, PA 17241
is scheduled to be sold at Sheriff's Sale on JUNE 9, 2004at:
CUMBERLAND COUNTY COURTHOUSE
2NDFLOOR, COMMISSIONERS HEARING ROOM
1COURTHOUSESQUARE
CARLISLE, PA17013-3387
at 10:00 a.m. to enforce the court judgment of $108,895.71obtained by MANUFACTURERS AND
TRADERS TRUST SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK N.A. DOING
BUSINESS AS KEYSTONE FINANCIAL MORTGAGE against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK N.A. DOING BUSINESS AS
KEYSTONE FINANCIAL MORTGAGE the amount of the judgment plus costs or the back payments,
late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (856) 755-1560.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open
the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the
sale for good cause.
3. You may be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder.
You may find out the price bid by calling (717)240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the
sale. To find out if this has happened, you may call (717)240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner
of the property as if the sale never happened.
5, You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings
to evict you.
6. You may be entitled to a share of the money which was paid tbr your house. A
schedule of distribution of the money bid for your house will be filed by the Sheriff no later than JULY
9, 2004. This schedule will state who will be receiving the money. The money will be paid out in
accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are
filed with the Sheriff within ten (10) days after the date of filing of said schedule.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURTHOUSE
I COURTHOUSE SQUARE
CARLISLE, PA 17103
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
BEING THE SAME PREMISES WHICH LARRY E. FOOTE, SR, ETAL WHICH BY DEED
DATED OCTOBER 6, 1999 AND RECORDED OCTOBER 15, 1999 IN THE RECORDER'S
OFFICE IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN DEED BOOK VOLUME
209, PAGE 926, GRANTED AND CONVEYED UNTO BERNARD A. P1NCKNEY & SHELLEY
D., H/W. THE MORTGAGOR HEREIN.
Spear & Hoffman, P.A.
KEVIN P. DISKIN, ESQUIRE
Attorney I.D. No. 86727
1020 N. Kings Highway, Suite 210
Cherry Hill, NJ. 08034
(856) 755-1560
Attorney for Plaintiff
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK N.A. DOING BUSINESS
AS KEYSTONE FINANCIAL MORTGAGE
VS.
BERNARD A. PINCKNEY AND
SHELLEY D. PINCKNEY
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. ~
C0-- 4(o73
CERTIFICATION OF NOTICE TO LIENHOLDERS
PURSUANT TO PA R.C.P. 3129.2 (C) (2)
I, KEVIN DISKIN, ESQUIRE, Attorney for Plaintiff, hereby certify that the Notice of Sale
was served on all persons appearing on Plaintiff's Affidavit pursuant to PA R.C.P. 3129.1, by United
States mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached
as Exhibit "A".
The undersigned understands that the statements herein are subject to the penalties provided by
18 P.S. Section 4904.
Respectfully submitted,
SPEAR & HOFFMAN, P.A.
Manufacturers and Traders Trust Co.
Et al.
VS
Bemard A. Pinckney and Shelley D.
Pinckney
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2002-4673 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per instructions from Attorney Kevin P. Diskin.
Sheriff's Costs:
Docketing 30.00
Poundage 1.70
Levy 15.00
Surcharge 30.00
Service 8.28
Law Library .50
Prothonotary 1.00
86.48 paid by attorney
04/22/04
Sworn and subscribed to before me
This ??~' dayof /kLo.%
2004, A.D. ~.~_ /~. ~q~,)~,.~,/t.fi~~-
Prothonotary
So Answers :..
R. Thomas Kline, Sheriff
Real Estate Deputy
is't>