HomeMy WebLinkAbout02-5637GOLDBECK McCAFFERTY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR., ESQ.
ATTORNEY ID #16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
Citifinancial, Inc.
7467 New Ridge Road, Suite 222
Hanover, MD 21076,
Plaintiff
¥.
Donald L. Stine and Florence Stine
355 Strohm Road
Shipensburh, PA 17267
Defendants
In the Court of Common Pleas
of Cumberland County
Docket number:
ACTION TO QUIET TITLE
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
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
the 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 wrihout you and a judgment may be entered against you by the
without fitrther notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff You troy lose tnoney or property or o~her
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES
ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENIRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AViSO.
PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISIRE CON LA CORTE EN FORMA ESCR1TA, EL PUNIO DE VISTA DE
USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA
RECUERDE: SI USIED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICiPACION.
ENIONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIILk QUE USTED CUMPLA CON TODAS LAS
PROVISiONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PEILDER DINERO, PROPIEDAD U OTROS
DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE
238-6300. SI NO CONOCE A UN ABOGADO, I,LAME AL "EAWYER REFERENCE SERVICE" (SERVICIO DE REFEILENCIA DE ABOGADOS), (215)
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGALSERVICESINC
81rvthe Row
Carlisle, PA 17013
7]7-243-9400
Plaintiff, Citifinancial, Inc., by and through its attorneys, Goldbeck, McCafferty &
McKeever, brings this action pursuant to Pa.R.C.P. 1066(b)(3), to compel an adverse party to
satisfy of record the mortgage dated January 27, 1999 and recorded January 27, 1999 in Deed
Book 1515, at page 741, et seq., and for sanctions for Defendants failure to do so, and in support
of, does hereby state:
1. Plaintiff is Citifinancial, Inc., with an address of 7467 New Ridge Road, Suite 222,
Hanover, MD 21076.
2. Defendants are Donald L. Stine and Florence Stine, with an address of 355 Strohm Road,
Shippensburg, PA 17267.
3. The real property ("the property") which is the subject of this action is commonly known
as 597 Walnut Bottom Road, Southampton Township, Pennsylvania and is more particularly
described in the attached Schedule A.
4. The property was owned by Defendants Donald L. Stine and Florence Stine
("Defendants") from 1973 until January 27, 1999. On January 27, 1999, Defendants sold the
property to Wesley J. Young and Amanda Young, ("the Youngs"), by deed dated January 27,
1999 and recorded January 27, 1999 in Deed Book 193 at page 292, et seq. A true and correct
copy of the de~d is attached hereto as Schedule A.
5. On that same date, January 27, 1999, Wesley J. Young and Amanda Young executed and
delivered to Defendants a mortgage in the original principal balance of $53,548.94. A true and
correct copy of the mortgage, ("the Young mortgage"), is attached hereto as Exhibit A.
6. On or about May 16, 2001, the Yonngs refinanced their mortgage obligations, executing
and delivering to Plaintiff herein a mortgage encumbering the property. This mortgage was
recorded May 18, 2001 in Mortgage Book 1706, at page 1055, et seq. A true and correct copy of
the mortgage is attached hereto as Exhibit A.
7. As part of the mortgage transaction between Plaintiff and the Youngs, Plaintiff caused the
Stine mortgage to be paid in full. Attached hereto as Exhibit B is a copy of the check to Stine.
8. Plaintiff's intent in paying off the Stine mortgage was to secure first priority lien position
on the property.
9. Following a default in the payments due from Young to Plaitiff, Plaintiff instituted suit
by filing its complaint in mortgage foreclosure on April 3, 2002, captioned Citifinancial v.
Young, under docket number 02-1629 Civil Term. Service has been effectuated and judgment
obtained. The property is currently scheduled for Sheriff's sale on September 9, 2002.
10. Plaintiff's title search revealed the Stine mortgage had not been marked satisfied.
Plaintiff contacted Defendants, who originally agreed to mark the mortgage satisfied, but
subsequently declined to do so.
11. On July 3, 2002 Plaintiff mailed to Defendants a demand for satisfaction, as well as a
form Release of Mortgage. True and correct copies of both documents are attached hereto as
Exhibit C.
12. Despite Plaintiff's demand, and despite Defendants' statutory obligation to do so,
Defendants have failed and refused to mark the mortgage satisfied, despite the fact same has
been paid in full.
13. On August 22, 2002, Plaintiff again mailed to Defendants a request that the mortgage,
which has been paid in full, be marked satisfaction on the public record. Pursuant to 42
Pa.C.S.A. § 682, Plaintiff included with this demand a check for $19.00, which was sufficient to
satisfy the "reasonable charges" provision, being the amount needed to record 5 pages in the
Cumberland County Recorder's Office.
WHEREFORE, Plaintiff demands judgment in its favor and against Defendants:
marking the mortgage satisfied;
for a sum equal to the mortgage-money, pursuant to 21 P.S. §682;
(2)
(3)
(4)
for fees and costs; and
for such relief as this court allows.
By: GO'~L
By: J
Atton
· for Plaintiff
VERIFICATION
1, Meryl Kessler, as the representative of the Plaintiff corporation within named do hereby
verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and
the facts set forth in the foregoing Complaint are tree and correct to the best of my knowledge,
information and belie£ I understand that false statements therein are made subject to the penalties of
18 Pa. C.S. 4904 relating to unswom falsification to authorities.
Date:
PARCEL NO, 39. t2 - 0324 - 008B
DEED
MADETHE .~ dayofJanuaryln[heyearonetflousendninehundrednJnety.
nine (1999),
BETWEEN DONALD L. STINE and FLORENCE A. STINE, his wife, of 355
Slrohm Road, Shlppensburg, Cumberland Counly, Pennsylvania 17257, hereiaafler
caJled Grar~tors,
AND WESLEY J. YOUNG and AMANDA I. YOUNG, his wife, ot 597 Walnut
Sotlom Road, Shippensburg, Cumberland County, Pennsylvania. hereinafter celled
Grantees:
WITNESSETH, Ihat in consideration of the sum of Sixty Thousand and no/100
($60,000.Q0) Dollars, the receipt whereof ~s hereby acknowledged, the Grantors hereby
grant and convey unto Ihs Grantees, Iheir heirs and assigns, as tenants by the
entireties:
ALL that certain tract of land wilh Ihs improvements thereon situate in
Southampton Township, Cumber{and County, Pennsylvania, bounded and de=cribed as
follows:
BEGINNING at a railroad spike in the Intersection of Pennsylvania Route 174
and Legislative Route 21006; thence along Pennsylvania Route 174, South 79
degrees 23 minutes 42 seconds Wast, a distance of 208.55 feet lo a point; thence
North 11 degrees 40 minutes 56 seconds West, a distance of 150.00 feet to a point;
thence Nodh 79 degrees 23 minutes 42 seconds East. a distance of 208.55 feel to a
point in Ihs can/eft{ne of said Legislative Route 21006; Ihence along the latter, South
11 degrees 40 minutes 56 seconds East, a distance ot 150.00 feel Io the cenler of the
intersection, the Place of BEGINNING.
~.:,~, ILeJ3 i,',~:' 290
CONTAINING 0,718 acres, more or less according o a survey of Arrowood,
Incorporated, made July 20, 1972, The above description Includes a 14 toot driveway
(See Cumberland County Deed Book "B", Volume 14, Page 284).
BEING improved with a dwelling known and numbered as 597 Walnul Boffom
Road, Sffippensburg, Pennsylvania 17257.
BEING the same property which was awarded to DONALD L. STINE and
FLORENCE A. STINE, his wife, grantors here/n, by Decree Awarding Real Estale,
dated November 27, f 973 and recorded in Ihs Cumberland County Recorder of Deeds
Office in Deed Book "L', Volume 25, Page 69. (See also Estate ol C. ROY FUNK,
Cumberland Counly Register of Wills Office, Estale No. 21 - 73 - 108.)
BEING a~so part oi'/he same property which SAMUEL H. COHICK and ETHEL
E. COHtCK, his wife, granled and conveyed to C. ROY FUNK and THELMA B. FUNK,
his wife, by deed,dated April 12, 1951, and recorded in the Office of the Recarder of
Deeds for Cumberland County, Pennsylvania, in Deed Book "R", Voiome 14, Page 284.
AND the said gmnidrs hereby covenanl and agree thai they will warrant specially
the property hereby conveyed.
IN WITNESS WI'iEREOF, said grantors have hereun!o set their hands and seals
the day, month and year t~rst above written.
Signed, Sealed and Delivered
In the presence of
DONALD L. BTINE -
...... iSEA.
'FLORENCE A. 8TINE -
A~er reco~ing, remm to:
CITIFINANCIAL SERVICES,
INC.
1 VALLEY STREET SUITE 103
CARLISLE PA 17013
EXHIBIT A
'Ol 18 10
l MORTGAGE ]
THIS MORTGAGE is made this 16th day of May
WESLEY J. YOUNG AND A~3%ArDA I. YOUNG
2001
between the Mortgagor,
(herein "Borrower"),
and the Mortgagee, CITIFINANCIAL SERVICES, INC.
a corporation organized and existing under the laws of Pennsylvania
whose addressis 1 VALLEY STREET SUITE 103 CARLISLE PA 17013
(herein "Lender").
WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 82,911.91 , which
indebtedness is evidenced by Borrower's note dated 05/16/2001 and extensions and renewals thereof (herein
"Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not
sooner paid, due and payable on 05/21/2021 ;
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the
payment of all other sums, with the interest thereon, advanced in accordance herewith to protect the security of
this Mortgage; and tl~ performance of the covenants and agreements of Borrower herein contained, Borrower
does hereby mortgage, grant and convey to Lender the following described property located in the County of
CUMBERLAND , State of Pennsylvania:
ALL THAT CERTAIN PARCEL OF LAND IN SOUTHAMPTON TWONSHIP, CUMBERLAND
COD-NTY, COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED
BOOK 193, PAGE 290, ID#39-12-0324-0080, BEING KNOWI~ DESIGNATED AS A
METES AND BOUNDS PROPERTY.
BY FEE SIMPLE DEED FROM DONALD L. STINE AND FLORENCE A. STINE, HIS
WIFE, AS SET FORTH IN DEED BOOK 193, PAGE 290, DATED 1-27-1999, AND
RECOPdDED 1-27-1999, CUMBERL~%~ COL~Y RECOP~S, CO~5~.ONWEALT~ OF PENI~SYL
VANIA. TOTAL CONSIDERATION IS $60,000.
BEING premises which are more fully described in a deed dated the 2nd day of FEBRUARY , 1999 ,
and recorded in the Office of the Recorder of Deeds of CUMBERLAND
County, Pennsylvania, in Record Book 193 , Volume , Page 290
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1706 n {lO
WESLEY J YOUNG 201350 05/16/2001
AMANDA I YOUNG
TOGETHER with all the improvements now or hereafter erected on the
property, and all easements, rights, appurtenances and rents, all of which shall
be deemed to be and remain a part of the property covered by this Mortgage;
and all of the foregoing, together with said property (or the leasehold estate if
this Mortgage is on a leasehold) are hereinafter referred to as the "Property."
Borrower covenants that Borrower is lawfully seised of the estate hereby
conveyed and has the right to mortgage, grant and convey the Property, and
that the Property is unencumbered, except for encumbrances of record.
Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims
and demands, subject to encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest
indebtedness evidenced by the Note and late charges as provided in the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall
pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is
paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including
condominium and planned unit development assessments, if any) which may attain priority over this Mortgage
and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance,
plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated
initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof.
Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes
such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender.
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which
are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender
shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not
charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments
and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a
charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the
Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be
paid, Lender shall not be required m pay Borrower any interest or earnings on the Funds. Lender shall give to
Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the
purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums
secured by this Mortgage.
If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable
prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amotmt
required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall
be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of
Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance
premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the
deficiency in one or more payments as Lender may require.
Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund m Borrower any
Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by
Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by
Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this
Mortgage.
3. Application of Payments, Unless applicable law provides otherwise, all payments received by Lender
under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to
PA 0042-8 7/2000 Original (Recorded) Copy (Branch) Copy (Customer) Page 2 of 7
o, d706 , ,1056
WESLEY J YOUNG 201350 05/16/2001
AMANDA I YOUNG
Lender by Borrower under paragraph 2 hereof, then to interest payable on the
Note, and then to the principal of the Note.
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall
perform all of Borrower's obligations under any mortgage, deed of trust or
other security agreement with a lien which has priority over this Mortgage,
including Borrower's covenants to make payments when due. Borrower shall
pay or cause to be paid all taxes, assessments and other charges, fines and
impositions attributable to the Property which may attain a priority over this
Mortgage, and leasehold payments or ground rents, if any.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage", and such other
hazards as Lender may require and in such amounts and for such periods as Lender may require.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender;
provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall
be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form
acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of
any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
proof of loss if not made promptly by Borrower.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the
date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance
benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration
or repair of the Property or to the sums secured by this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit
Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment
or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a
leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform
all of Borrower's obligations under the declaration or covenants creating or governing the condominium or
planned unit development, the by-laws and regulations of the condominium or planned unit development, and
constituent documents.
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in
this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the
Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such
sums, including reasonable attorneys' fees, and talte such action as is necessary to protect Lender's interest. If
Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall
pay the premiums required to maintain such insurance in effect until such time as the requirement for such
insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rote, shall
become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to
other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment
thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action
hereunder.
8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property,
provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor
related to Lender's interest in the Property.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection
with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of
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WESLEY J YOUNG 201350 05/16/2001
AMANDA I YOUNG
condemnation, are hereby assigned and shall be paid to Lender, subject to the
terms of any mortgage, deed of trust or other security agreement with a lien
which has priority over this Mortgage.
10. Borrower Not Released; Forbearance By Lender Not a Waiver.
Extension of the time for payment or modification of amortization of the sums
secured by this Mortgage granted by Lender to any successor in interest of
Borrower shall not operate to release, in any manner, the liability of the
original Borrower and Borrower's successors in interest. Lender shall not be
required to commence proceedings against such successor or refuse to extend time for payment or otherwise
modify amortization of the sums secured by this Mortgage by reason of any demand made by the original
Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy
hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such
right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements
herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of
Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of
Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note,
(a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to
Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c)
agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other
accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and
without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice
to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified
mail addressed to Borrower at the Property address or at such other address as Borrower may designate by notice
to Lender as provided herein, and (b) any notice to Lender shall be given by certified mall to Lender's address
stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any
notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the
manner designated herein.
13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of
the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of
Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with
applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given
effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared
to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not
prohibited by applicable law or limited herein.
14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the
time of execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home
rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at
Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an
assignment of any rights, claims or defenses which Borrower may have against parties who supply labor,
materials or services in connection with improvements made to the Property.
16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not
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 Mortgage. However, this option shall not be exercised by Lender if exercise is
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WESLEY J YOUNG 201350 05/16/2001
AMANDA I YOUNG
prohibited by federal law as of the date of this Mortgage.
If Lender exercises this option, Lender shall give Borrower notice of
acceleration. The notice shall provide a period of not less than 30 days from
the date the notice is delivered or mailed within which Borrower must pay all
sums secured by this Mortgage. If Borrower fails to pay these sums prior to
the expiration of this period, Lender may invoke any remedies permitted by
this Mortgage without further notice or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and
agree as follows:
17. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this
Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to
acceleration shall give notice to Borrower as provided by applicable law specifying, among other things: (1)
the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the
notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach
on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage,
foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of
the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence
of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on
or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured
by this Mortgage to be immediately due and payable without further demand and may foreclose this
Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of
foreclosure, including, but not limited to, reasonable attorneys' fees, and costs of documentary evidence,
abstracts and title reports.
18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this
Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to
enforce this Mortgage discontinued at any time prior to at least one hour before the commencement of bidding at
a sheriff's sale or other sale pursuant to this Mortgage if: (a) Borrower pays Lender all sums which would be then
due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other
covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses
incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in
enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable
attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this
Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage
shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured
hereby shall remain in full fome and effect as if no acceleration had occurred.
19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security
hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to
acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such
rents as they become due and payable.
Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or
by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to
collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be
applied first to payment of the costs of management of the Property and collections of rents, including, but not
limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums
secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received.
20. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage
without charge to Borrower. Borrower shall pay all costs of recordation, if any.
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WESLEY J YOUNG 201350 05/16/2001
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21. Interest Rate After Judgment. Borrower agrees that the interest rate
payable after a judgment is entered on the Note or in an action of mortgage
foreclosure shall be the rate stated in the Note.
22. Hazardous Substances. Borrower shall not cause or permit the
presence, use, disposal, storage, or release of any Hazardous Substances on or
in the Property. Borrower shall not do, nor allow anyone else to do, anything
affecting the Property that is in violation of any Environmental Law. The
preceding two sentences shall not apply to the presence, use, or storage on the
Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other
action by any governmental or regulatory agency or private party involving the Property and any Hazardous
Substance or Environmental Law of Which Borrower has actual knowledge. If Borrower learns, or is notified by
any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law.
As used in this paragraph 22, "Hazardous Substances' are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials. As used in this paragraph 22, "Environmental Law" means federal laws
and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection.
(Intentionally left blank)
PA0042-8 7/2000 OriglneI (Recorded) Copy (Branch) Copy (Customer)
Page 6 of 7
WESLEY J YOUNG 201350 05/16/2001
AMARDA I YOUNG
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or
other encumbrance with a lien which has priority over this Mortgage to give
Notice to Lender, at Lender's address set forth on page one of this Mortgage,
with a copy to P. O. Box 17170, Baltimore, MD 21203, of any default under
the superior encumbrance and of any sale or other foreclosure action.
IN WITNESS WHEREOF, Borrower has executed this Mortgage.
Witness:
I hereby certify that the precise address of the Lender (Mortgagee) is:
1 VALLEY ST ste 103, CARLISLE PA 17013
On behalf of the Lender. By E. E. LOUDENSLAGER
COMMONWEALTH OF PENNSYLVANIA, CLrffiSE~D
On this, the 16th day of MAY
BEVERLY A. HIIMPER
Title __ SRC~$R
County ss:
2001 , before me,
the undersigned officer, personally appeared
~GESJ,,EY J. YOUNC. ANn AM~'~AB~. T_ VnlT~J~
known to me (or satisfactorily proven) to be the person whose name
ARE subscribed
t ..... . THEY
o me w~m~n mstrument ano I executed
purposes herein contained.
IN WITNESS WHEREOF I hereunto set my hand and off. iei~eal /'- : :~
Pa O0~--~"~aa~ecorded) Copy (Branch) C~y (Customer) 1Space Below This Line Reserved For Lender and Recorder)
Commonwealth of Pennsylvania / SS.
County of
Recorded on this ._ day of
RecordingDeeds of said County, in Mortgagee Book No.
ma 1706.ia;106!
-LCet f _[h. is l: l [l ff .e for
----tn-CunIl .!and County PA
29' 02 12:07/$T. 12:06/N0. 4861180714 P ~
B
i0/'~9/2002 ~D~ ~0:47 [~/~ N0 5956] ~001
FROM CITICORP TRUST BANK fsb ~ I0. 29' 02 1,2~:QZ/_ST, I2:06/N0. 48611807i4 P 2
;ON-l~-~001 08:56 FROi~:CITIFINAHCIAL CARLIS 71( ~ (TUE
IBIT B
DoH40~oH[e ~ul}!~O-~oJd ~E~?50 ZO-Zl-"n~
10/29/2002 TUE 10:47 [TX/RX NO 5958] ~002
EXH;DIT C
GOLDBECK McCAFFERTY & ~IcKEEVER
that ,,ou mari,: sattisf~ed thc !'oJlowino
,X, fortgagor: ",Vesley J. Young and An~anda 1. ¥ottng
Nfortgagec: Donald L. Stine and Florence Stine
Original pri~cipa[ balance: Sf3.~48.94
Dated: 1~27 99
Recordeci: I 2799
Book, Page: 1515741
Please be ad,. ised that. ',mrsuant to 2l Pa.C.S.A. ~d,.q l..~68=. ~.otl max
ibr pcn~lties ~br l'hikire to promptI~, record lhis satis~itction..=tccordiiax]v, please
Record and Return to:
RELEASE OF MORTGAGE
Donald L. Stine and Florence Stine
Wt-{ERE:\S Donald L Stine md Florence Stint b,. frtdenrure ti: Morraaae dated 12Tq9
~x,'IIERE..\S thc mort.~age has been paid in Full ~md Mort~a~ors~ ~ have requested Donald
Stmc and Florence Stint to release [he abm'c M,.x'tg:~gcd Premises from Ibc lien and operatirm
[he N[~ ~t ....
N()W r ....
, Ht:Rl:I.()[xE ()N [his d3x ol . 2002 , Do;mid !
;md discnm'~cd, , ~ ·
discharse unto thc s~tid Wesley J. Young and Amanda [. Young. fi:dr heirs, successors ,~r
TO HOLD the same, with the appurtenances unto Wesley J. Young and .Amanda I. Young. their heirs,
successors or assigns, l'brever ['reed, exonerated and discharged of and from the lien of the Mortgage.
IN WITNESS WHEREOF:
Dated:
Donald L Stine
(SEAL)
Florence '4tine
SS:
,gn [his .... day of
:lppeared
____, ocmre me, 'd~.e undersigned Notary Public. personall,~
tach personally known to [nc !or proved to me on the basis of satisfactory evidence) to be the
)f and known to me ~or ?roved to me on the basis nf sadsthctory evidence) [o be [he persons who executed die withi
nstrument..
WITNESS m? hand and ot'ficial seal
Notat'y Public
My commission expires:
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05637 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITIFINANCIAL INC
VS
STINE DONALD L ET AL
DAWN KELL , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
STINE DONALD L the
DEFENDANT
, at 1556:00 HOURS, on the 13th day of December , 2002
at 355 STROHM ROAD
SHIPPENSBURG, PA 17257
by handing to
DONALD STINE
a true and attested copy of COMPLAINT -QUIET TITLE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.73
Affidavit .00
Surcharge 10.00
.00
39.73
Sworn and Subscribed to before
me this ~,~7~ day of
~' ~7 ~2~ A.D.
/ ~PPothonot ary '
So Answers:
R. Thomas Kline
12/17/2002
GOLDBECK MCCAFFERTY MCKEEVER
By:
Deputy Sherit~f
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05637 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITIFINANCIAL INC
VS
STINE DONALD L ET AL
DAWN KELL , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law~
says, the within COMPLAINT -QUIET TITLE was served upon
STINE FLORENCE the
DEFENDANT
, at 1556:00 HOURS, on the 13th day of December , 2002
at 355 STROHM ROAD
SHIPPENSBURG, PA 17257
by handing to
FLORENCE STINE
a true and attested copy of COMPLAINT -QUIET TITLE
together with
and at the same time directing Her 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 3~{ day of
~"~~7 ~- ~ A.D.
! ~Srothonotary
So Answers:
R. Thomas Kline
12/17/2002
GOLDBECK MCCAFFERTY MCKEEVER
By: %~~. ~
Deputy Sheriff