HomeMy WebLinkAbout07-0719GOLDBECK McCAFFERTY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR.
ATTORNEY I.D. #16132
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
(215) 825-6318
WWW.GOLDBECKLAW.COM
ATTORNEY FOR PLAINTIFF
M&T BANK
S/B/M M&T MORTGAGE CORPORATION
1 Fountain Plaza
Buffalo, NY 14203
Plaintiff
VS.
KENNETH R. WALTERS
Mortgagor and Real Owner
Lot 30 Greenspring Road
Newville, PA 17241
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
Defendant
Term
CIVIL ACTI( : MORTGAGE
NOTICE PCAECL(SUPW
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 without you and a
judgment may be entered against you by the Court without further notice for any money claim in the Complaint
of 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.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS
QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO
DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES
NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL
PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA
DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL
PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A
oel
IN THE COURT OF COMMON PLEAS
ACTION OF MORTGAGE FORECLOSURE
FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES
DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER
DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA
PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you
still may be able to SAVE YOUR HOME FROM FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-
9400 or.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling.
3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes.
4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home
Retention options.
5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage
or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email
at homeretentionagoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or
package you requested will be mailed to the address that you request or faxed if you leave a message with that
information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be
reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MT-0133.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
This Action of Mortgage Foreclosure will continue unless you take action to stop it.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is M&T BANK SB/M M&T MORTGAGE CORPORATION, 1 Fountain Plaza, Buffalo, NY
14203.
2. The names and addresses of the Defendant is KENNETH R. WALTERS, 1000 Claremont Road #113,
Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter
described.
3. On December 29, 2004 mortgagors made, executed and delivered a mortgage upon the Property
hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING
SOLELY AS A NOMINEE FOR M & T MORTGAGE CORPORATION, which mortgage is recorded
in the Office of the Recorder of Deeds of Cumberland County as Book 1893, Page 1535. The mortgage
has been assigned to: M&T BANK SB/M M&T MORTGAGE CORPORATION by assignment of
Mortgage which assignment is lodged for recording. The Mortgage and assignment(s) are matters of
public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil
Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings
if those documents are matters of public record. A true and correct copy of the Mortgage and
Assignment of Mortgage are attached hereto as Exhibits A and B, respectively.
4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit
C ("Property").
5. The mortgage is in default it has matured, and by the terms the Mortgage, Note and Contruction Loan
Agreement upon maturity, the entire principal balance and all interest due and other charges are due and
collectible. A true and correct copy of the Note and Construction Loan Agreement are attached hereto
as Exhibits D and E, respectively.
6. The following amounts are due to Plaintiff on the Mortgage as of December 31, 2006:
Principal Balance ..................................................................................$166,820.00
Interest from 06/01/2005 through 12/31/2006 at 6.7500% .....................$17,862.15
Per Diem interest rate at $30.85
Reasonable Attorney's Fee at 5% of Principal Balance
as more fully explained in the next numbered paragraph ...................$8,341.00
Late Charges from 07/01/2005 to 12/31/2006 .............................................$995.93
Monthly late charge amount at $55.33
Costs of suit and Title Search ......................................................................$900.00
Escrow .......................................................................................................$3,028.80
Corporate Advance ......................................................................................$660.00
$198,607.88
7. If the Mortgage is paid in full prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less
than the amount demanded based on work actually performed. The Attorney's Fees requested are in
conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up
to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at
Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount
demanded in the Action.
8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the
Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such
right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding,
this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that
was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to
Pennsylvania law.
9. Plaintiff has notified Defendant of his default and the maturity event as required by the terms of the loan
documents. A true and correct copy of the Notice of Default is attached hereto as Exhibit F.
WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $198,607.88,
together with interest at the rate of $30.85, per day and other expenses, costs and charges incurred by the
Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law
until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property.
By:
GO B K McCAFFERTY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR., ESQUIRE
ATTORNEY FOR PLAINTIFF
VERIFICATION
I, Tara Weller, as the representative of the Plaintiff within named do hereby verify that I am
authorized to and do make this verification on behalf of the Plaintiff and the facts set forth in the
foregoing Complaint are true and correct to the best of my knowledge, information and belief. I
understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904
relating to unworn falsification to authorities.
Date: 2 S_0.1
Jawe???
Tara Weller
M&T Bank
X-r 4M7jb7.z -?' T 66 717
r
3 P111 3 51
Prepared By:
Erika Landis
2270 Erin Court, P.O. Box
7626
Lancaster, PA 17604
Return To:
Md,T Mortgage Corporation
P.O. Box 4613
Buffalo, NY 14240
Panel Number:
30.06-0597-049
--1Spo"e Above This Lim For Rocardloe Datal
MORTGAGE
MIN 100050300002276179
OPEN END MORTGAGEIDEED OF TRUST - THIS MORTGAGEIDEED OF TRUST - SECURES FUTURE ADVANCES
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Sa tion 16.
(A) "Security instrument" means this document, which is datedDecenber 29, 2004
together with all Riders to this document.
(B) "Borrower" is Kenneth R. Walters
Borrower is the mortgagor undt.T thix Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is
acting solely as a nominee for Leader and Lender's successors and assigns. MFRS is the mortgagee
under tNs Security Instrumci t. MERS is organized and existing trader the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (868) 679-MERS,
10640373 10640373
PENNSYLVANIA - Single Family Fannie MaelFreddie Mae UNIFORM INSTRUMENT WITH MERS Fona 3039 1101
Ck-"IPA I toioq
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8K 1893PG 1535
(D) "Lender" is M&T Mortgage Corporation
Ixaderis a Corporation
organized and existing under the laws of New York
Lender's address is 1 M&T Plaza, Buffalo. NY 14203
(E) "rote" means the promissory note signed by Borrower and dated December 29, 2004
The Note states that Borrower owes Lender Three Hundred Ten Thousand Six Hundred
Fifty And Zero/100 Dollars
(U.S. $310.650.00 ) plus interest. Bonuwer has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than December 01, 2035
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property.
(G) "Loan" means the debt evidenced by tlx: Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(Bl) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower )check box as applicable);
7 I Adjustable Rate Rider C] Condominium Rider F-1 second Home Rider
0 Balloon Rider El Planted Unit Development Rider 14 Family Rider
[] VA Rider Ll Biwcckly Payment Rider 0 Other(s) )specify]
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-aapppealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all does, fees, assessments and other
charges that arc imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(Ise "Nectronic Funds Transfer" means any transfer of funds, otbcr than a transaction originated by
check, draft, or similar paper instrument, which is initialed through an electronic terminal, telephonic
instrument, uirnputer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is cwt limited to, point-of-sale transfers, automated tcllcr
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(L) "Focrow hem" means those items that are described in Section 3.
(M) "MLvicellatwous Proceeds" me= any compensation, settlement, award of damages, or proceeds paid
by any third party (other than itlsurw= proceeds paid under the coverages describcxl in Section 5) for; (i)
damage to, or destruction of, the Property; (ii) condemnation or otter taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(N) "AlortMe Insurawce" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(U) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amnunts under Section 3 of this Security Inutrument.
10640373 10640373
0 -"IPAI fowc Inhbb: Ili ,r
®® 1'+op2 Form 3038 1101
BK 1893PG 1536
(P) "RL+SPA" means the Real Estate Settlement Procedures Act (l2 U.S.C. Section 2601 et seq.) and its
implementing re¢ttlation, Regulation X (24 C.P.R. Part 3500), as they might be amended from time to
time, or any addilkina] nr successor legislation or regulation that governs, the same subject matter. As used
in this Security lustnuueol, "RESPA" refers to all requirements and restrictions that are irnlxxuxl in regard
to a "federally related mortgage loan" even if the L = does not qualify as a "federally related mortgage
loan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party tuut assumLd Borrower's obligations under the Note and/or this Security Instrument,
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the rr payinent of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to
ML•;RS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
assigns of MERS, the following described property located in the County (Type of Rtxonfing Jurisdtcaon)
of C umber l a n d I Nam of Rewrdio$ Jurisdiction]:
See Attached Legal Description
which currently bas the address of Lot 30 Greenspri ng Road
Isaeetl
Newville [city], Perm8yivania 17241 175n, Code]
("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Sceurily Instnrment as the "Property." Borrower understands and agrees that MERS heilris only legal title
to live inlets granted by Borrower in this Security Instrument. but, if necessary to comply with law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right; to exercise any
or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to
take any action required of Lender including, but not limited to, releasing and canceling this Security
Instrument.
10640373 10640373
Ir,iY"le.
EAMAI o2m) ""o" 3.f to Forrn 3039 1101
BK 1893PG 1537
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
c uumbrancea of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property-
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Iterns
pursuant to Section 3. Payments date under the Note and this Security Instrument shall be made in U.S.
currcacy. However, if any check or other instrument recOved by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
slue under the Note and this Security Instrument be trade in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are dee:mod received by Lender when received at the Itx:ation designated in the Note or at
such other location as may be designated by Lender in acoordance with the notice provisions in Section I S.
IA:nder may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. LltaltT may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice: to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the tune such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, that Lender need not pay
interest on unappUed funds. Lender may hold such unapplied funds until Borrower [Hakes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If ra)t applied earlier, such funds will be applied to the outstanding
principal balance under the Now immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from malting payments due under
the Note: and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds, Except -as otherwise described in this Section 2, all
payments accepted, and applied by !.ender shall be apptiW in the following order- of priority: (a) interest
due under the Note; (b) principal due wider the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining anwutus
shall be applied first to laic charges, second to any other amounts due under this Security Instnurneru, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any talc charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any paymetd received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment
10640373 10640373
(JR-aA(PA) ao]Oa) nor
rwe n W is Form 3038 1101
8KI893PG 1538
can be paid in full. To the extent that any excess exists after the payment is applied to the MI payment of
one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary
prepayments shall be applied fast to any prepayment charges and then as described in the Note.
Any application of payments, insurance: pnxxxxls, ter Miscellaneous Proceeds to principal due under
the Note ahall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for; (a) taxes and assessments and other itl.71111 which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold paymertu or ground rem on the Property, if any; (c)
premium; for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, he escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Suction. Borrower shall pay Lender the Elrnds for Escrow Items unless Lender waives
Bomiwtr's obligation to pay the Founds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due fair any Eswow Items for which payment of Funds has been waived by Lender and, if Under rcxquires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agn;cment"
is used in Section 9. If Borrower is obligated to pay Escrow horns directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Bomywer shall then be obligated under Section 9 to repay to tender ally Much
amount. Under may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this &x-Aon 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pennit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (im luding ]ender, if Lender is an institution whose deposits arc an insured) or in
any Federal Home Lunn Bank, lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RFSPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires intLnxrt to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
10640373 10640313
® -GA(PA) wm) N.0 a oe is Form 3039 1101
BK 1893PG 1539
shall be paid on the Funds. Lender shell give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Harrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, m defined under RESPA, lender shall
notify Borrower M required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lander shall promptly refund
to Borrower any Funds held by lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payin tints or
ground rents on the Property, if any, and Community Association Dues, Foxes, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agroce in writing to the payment of the obligation secured by the lien in a manner acceptable
to Under. but only so long as Borrower is performing such agraarient; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lcnder's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, ]ender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loam.
S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards includnnl within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the pretuling sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to I-mrakT s
right to disapprove Borrower's choice, which right shall not be exercised uirusunably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (h) a one-time charge for flood zone detenuination
and certification services and subsequent charges each time remnappings or similar changm occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any &xs imposed by the Federal Emergency Managmrtta?t Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
10640373 10640373
at-GAIPAI two6f Px0e 6 of i6 Form 3038 1101
8K 1893PG 1540
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefor:, such coverage shat cover Lender, but might or might
not protect Borrower, Borrower's txluity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than wax previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower scuumd by this Security lnstr micni. These amounts shall boar interest
at the Note rate from the date of disbursement and shall be payable, with such iniermt, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Le'nde'r and renewals of such policies shat be subject to Gaul is
right to disapprove such policies, shat include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates, If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional luss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lewder. lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any irnurancc proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if ulna restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender ,shall have the right to
hold such insurance proceeds until Leader has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payrricnt or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requites interest to he paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or outer third parties, remained by
Bnrn,wev shall not be paid out of the insurance proceeds and shah be the sole obligation of Borrower. If
the restoration or repair is riot economically feasible or Lender's security would he lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property. Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then L under may negotiate and settle the claim. The 30-day
period will begin when the novice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrunier 1, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) wider alt insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument, whether or not then due:.
10640373 {{{ ppp''' ``` 10640373
®•BAIPAI wsosr am.i,?t
stn P'a' 7 of 16 Form 3039 1101
BK 1893PG 1541
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to ts:eupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Leger
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; inspoctiona. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrrwer is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damages] to avoid further deterioration or damage. If insurance or
condemnation protsxxls are paid in connection with damage to, or the taking of, the Property, Borrowe
shall be responsible for repairing or restoring the Property only if Leldcr ha? released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insurance or condemnation proceeds are not suffieicnt
to repair cw restore the Properly, Borrower is not relieved of Borrower's of>ligatiun for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lentim may inspect the interior of the improvements on the Property. Under shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
S. Borrower's Loon Application. Borrower shall be in default if, during the Loan application
process, Borrower or any perxcros or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate infortnaticm or statements to Leader
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limitul to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Prutection of Lender's Interest In the Property and Rights 11r der this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a lugal proceeding that might significantly affect Ln:nck:i'S interest in the Property and/or rights under
this Security Instrument (.such as a proceeding in bankruptcy, probate, for cxmdcnmation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce; laws or
regulatiims), or (c) Borrower has abandoned the Property, then lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sutras secured by a lien
which has priority over this Security Instrument; (b) appearing in cuun; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up dmirs and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turns]
on or off. Although Lertclerr may take action under this Section 4, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorizcxt under this Section 9.
10640373 10640373
Inltl?ls.
CLdtA1PA1 (aim) Pp. & & 16 Form 3039 1101
Bt ! 893PG 1542
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disburacmarit and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
1f this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the ]-w-hold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurance. If Leader required Mortgage Insurance xx a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender teases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to mate separately designated payments
toward the premiums for Mortgage Insurance, &mrrowcr shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously is effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lendt:r. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately dmibmalud payments that
were due when the insurance coverage ceased to be in cfW* . Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall he
non-rel'undahlc, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender roquires)
provided by an insutr selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
insurance as a condition of making the Loan and Borrower was required to make xparauly designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Ixoder's
requirement for Mortgage Insurance ends in accordance with any written agirceni nt between Borrower and
Under providing for such termination or until termination is required by Applicable Law, Nothing in this
Section 10 affects Borrower's ollligation W pay interest a[ the rate provided in the Note.
Mortgage Insurance reimburses Leader (or any entity that purchases the Note) for certain losses it
mhsy incur if Borrower does not repay the Loan as agrasl. Borrower is not a patty to the Mortgage
Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or mcalify their risk, or reduce losses. llhese agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. 'Intent: agreements may require the mortgage insurer to make payments using any source
of fusels that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements. Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might hr: characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takm a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further.
(a) Any such agreemwnts will not affect the amounts that Borr*ww has agreed to pay fro'
Mortgage Insurance, or any other lerrrra of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
10640373 c 1D640373
Ini[i/t:
® -MPAI maic pin. s a is Form 3039 1101
BK 1893PG 1543
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage insurance under the Homeowners Protection Act of 1998 or any other law. These tights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's gcmrity is not lessened.
During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until lender has bad an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a suits of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable law requires interest to be paid on such
Miscellaneous Proceeds, bender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Sectitm 2.
In the evert of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Pnxxxxis shall be applied to the suns secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, du mtrurction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
soured by this Security Instrument shall be reduced by the amount of the Misexllaneous Proceeds
multiplied by the following fn'uction: (a) the total amount of the sums secured inumediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or toss in value. Any balance shall be paid to Borrower.
In the event or a partial taking, destitution, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in valve is less than the
amount of the sums secured immeliately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sumn
secured by this Security Instrument whether or not the sums are then due.
If the Property is abaudrmexd by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by thin Security Instrument, whether or nut then due. "Opposing Patty" means the third party
that owes Borrower Miscellaneous Proccxxis or the patty against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default if any action ur proceeding, whether civil or criminal, is began that, in
tender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provident in Section 19, by causing the action or proceeding to be
10640313 10640373
u t d.. ycv
(?6AIPA1 la?oal NO. 100 Ill Form 9099 1101
8K 1893PG 1544
dismissed with a ruling that, in Lender's judgnamt, precludes forfeiture of the Property or other material
impairment of Lender's intexcxt in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to rite impairment of Lender's interest in the Property
are hereby assigned and shall be paid to I uvicr.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Soution 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortimtion of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate: to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be requited to conunence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the: sums secured by this Security Instrument by reason of any demand made by the original
BotTowex or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons, entities or
Suecessnru in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signertr; Successors and Asks Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instmmrnt but does not execute the Note (a "co-signer"): (a) is oo-signing this
Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approw-A by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's. obligations and liability under this Security Instrument unless Lender ag m to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Ltxuler.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Inatrtma:nt, including, but not limited to, attorneys' fees, property inspectiem and valuation fees.
In regard to any other fees, the ab. -rice of express authority in this Security Instrument to charge a speciric
fee to Borrower shall nut be construed as a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum lout charges, and that law is finally interpreted so,
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the anuwnt necessary to reduce the
charge to the permitted limit; and (b) any sums already eollectexl from Borrower which exceeded permitted
limits will be refunded to Borrower. Leader may choose to make this refund by reducing the principal
owed under the Note or by malting a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated n a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any snob refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower aught have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this &m urity Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
10640373 n 10640373
ieww..C .T/
4k-6AI?At iozop r.o. i e of m Form 3039 1101
8K 1893PG 1545
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires utherwise. The notice address shall be the Property Addrexs
unless Borrower has designated a substitute notice address by notice to Under. nder. Borrower shalt promptly
notify Lender of Borrower's change of address. Tf Lender specifies a procedure for reporting Borrower's
change of address, tracer Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time. Any
notice to Lender shall be given by deliverurg it tor by mailing it by fast class mail to Lender's address
stated herein unless Lender hat designated another address by notice to Bonuwer. Any notice in
connection with this Security Insttwrsent shall not be deemed to have beta given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the cot7eaponding requirement under this Security
Instrument.
16. Goveroing Law; lSeverability; Rules of Construction, This Security Instrument shall be
governed by fahral law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not he construed as a prohibition against agreenumt by contract. In
the event that any pmvision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and via: versa; and (c) the word "nay" gives sole discretion without any obligation to
take any action.
17, Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
19. Transfer of the Property or a Beneficial Tnter'eat in Borrower. As used in this Section IS,
"interest in the Property" meam any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contrael for dad, instalment sales contract or
Cauca agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Burrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall ran be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises. this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sutras secured by this S=rity Instrument. If Borrower fails to pay
these mina prior to the expiration of this period, [.ender may invoke any rerratvties permitted by this
Security Instrument without further notice or demand on Borrower,
19. Borrower's Right to Reinstate After Acceleration. If Borrower nwLts o:crtain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law aright specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enfurting this Security Instrument. Those
conditions are that Borrower. (a) pays Lender all surru which then wouId be due under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
10640373 A 10640373
®WPA) iosoea r.yr 12 of u, Farris 3030 1101
8K 1893PG 1546
agreements; (c) pays all expenses incurred in enforcing this Security InstrutTem, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of prntucting Lender's interest in the Property arid rights under this Security instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument, and &)rruwer's obligation to pay the stuns secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, as selected by Lender: (a) cash: (b) motley order; (c)
mrtifted check, bank check, treasurer's cheek or cashier's check, provided any such chock is drawn upon
an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinuatunca by Borrower, this Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of ameleration tinder Section 18.
20. Sale of Note; Change of lawn Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can tx: sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects
Periodic Payments due under the Note and this Security Instrument and per-firms other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. Then; also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note, If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will stale the name and address of the
new loan Servicer, the address to which Payments should be made and any other information R[3SPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Liam is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servic er or be transferred to a successor Loan Scrvicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other parry (with such
notice given in conytliance with the requirements of Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be decmod to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to curt given to Borrower pursuant to Section 22 and the notice of acceleration giver to
Borrower pursuant to Section 18 shall be deemed to seisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21, Hazardous Substitutes. As used in this Section 21: (a) "Hazardous Substances' are those:
substances defined as toxic or hazardous substances. pollutants, or wastes by Environmental Law and the
following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and berhic:itIcs, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmeutal Law" means federal laws and laws of the jurisdiction where the Pm" y is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, rein tlial action, or removal action, as defined in Environmental i.aw; and (d) an "Environmental
Condition" ;Weans a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup.
10640373 l 10640373
u,e rs:
4DIV BAIPAf rower Paac 13 of 16 Form 9049 1101
BK 1893PG 1547
Borrower shall not cause or permit die preaLnu;, use, disposal, storage, or release of any Hazardous
Suhstanc:es, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the pre tmee. use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
two sentences shall not apply to the presence:, use, or storage on the Property of smell quantitim of
Hazardous Substances that are generally recogninxl to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investi&ation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or pnvatc party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
rcicase of any Hazardous Substance, and (c) any condition caused by the presence, use or rdLase of a
Hazardous Substance which adversely affects the value of the Property. If Borrower test=, or is notified
by any governmental or regulatory authority, or any private party, that an removal or other rtmediation
of any Hazardous Substance affixotrng the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender frulhcr covtauamt and agree as follows:
22. Acceleration; Remedies. Lender shall give notice bi Borrower prior to acceleration following
Borrower's bench of any covenant or agreement in this Security Irtsommeat (but not prior to
acceleration tinder Section 18 unless Apoleoble Law provides otherwise). Lender shall notify
Borrower of, among other thinVr (a) the default; (b) the action required to cure the default; (c) when
the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the son-existence of a default or any other
defense of Borrower to acceleration and foreclosure. If the default is not cured ox specified, Lender at
its option may require immediate payment in M of all sums secured by this Security Instrument
without further demand and may foreclose this Security Ltstrument by judicial proceeding. Lender
shall be entitled to culled all expenses Incurred in punruitt? the remedies provided in this Section 22,
including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by
Applicable Law,
23. Release. Upon payment of all stems secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. Alter such occurrence, Lender shall discharge
and satisfy this Security Instrument, Borrower shall pay an recordation costs, lender may charge
Borrower a fee for releasing this Security instrument, but only if tine fcc is paid to a third party for services
renderW and the charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent Permitted by Applicable U, w, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay or execution, extension of time, exemption from attachment, levy and sale,
and homestead exemption.
25, Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the commencement of bidding at a sherift's sale or other sale pursuant to this Security
Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is kit to
Borrower to acquire tide to the Property, this Security Instrument shall be a purchase money mortgage.
27. Iaterest Rate After Judgment. Borrower agrees that the interest rate payable after a 2udgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
10640373 10640373
i?nwa: f
d-BAIPA1 (07061 PW 14 M is Form 9039 1101
8U ! 893PG 1546
BY SIGNING BELOW, Borrower accepts and agrees w the terms and covenants contained in this
Security instrument and in any Rider cxwutW by Rorrower and recorded with it.
Witnesses:
r 'yiv?^rLLC.?i (seal)
Kenneth R Walters -Borrower
!0640373
at-GAIPAI iozoai
(Seal)
-Borrower
_ (Seal)
-Bmruwer
_ (Seal)
-Borrower
.- (Seal) - (seal)
-Aorrewer -Borrower
(Seal) (Seal)
-Borrnwer -Burruwer
7.0640373
P.au 15'A la Form 3039 1101
Bit 1893PG 1549
Certificate of Residence
1, , do hereby certify that
the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, M148501-2026.
Witness my band this 29th day of December, 2004
Agent of Muapgm
COMMONWEAVI'll OF PENNSYLVANIA, Cumber) and County W:
On this, the 29th day of December, 2004 before me, the
undersigned officer, personally appeared Kenneth R Walters
known to me (or
satisfactorily proven) to be the person(s) whose name(s) is/are subw.-ribcd to the within instrument and
acknowledged that he/she/they executed the same for the purposes herein contained.
IN WITNESS WHERP,OP, I hereunto set my hand and official seal.
My CCAnnmission Expires;
COMMONWFAL111 OF PuNNSMANIA
Notarial Beal
I
:
?J t-r e l .
Mary M. Pmts, Notary Public / t•
l
C t y•
.
.
and
cadiw Born, Cumber
My Cornminbn Expires Aug. t8, 200
Manbar, Pmnsywarne Awadatbn of Nolanaa
TMe of Ofn R•"'•
10640373 10640373
(at -6AiPAI Ioww Pvp in .1 '6 Form W39 1/01
Bit ! 893PG 1550
EXHIBIT A
ALL that certain tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded
and described in accordance with a Plan prepared by Rodney Lee Decker, R.P.L.S., dated June 8, 1989 and
recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 58, Page 109.
BEGINNING at a point in northern right of way line of PA Route 641, at corner of Lot No. 31 on said plan;
thencc along Lot No. 31 North 16 degrees 56 minutes 45 seconds East 567.53 feet to a point at Lot No. 31;
thence along 1. of No. 31 South 68 degrees 14 minutes 50 seconds Last 152.42 feet to a point; thence along Lot
No. 29 South 04 degrees 36 minutes 10 seconds West 527.92 feet to a point; thence along northern right of
way of PA Routh 641 by a curve to the: right having a radius of 1940.00 and arc distance of 267.82 feet on a
chord bearing of North 81 dcg=s 26 minutes 35 seconds West to a point, the Place of BEGINNING
CONTAINING 2.626 acres and designated as Lot 30 of North Newton Manor.
BEING part of the sane premises with Otvel W. Baer and Paulin E. Baer, his wife, granted and conveyed to
Kimba, Inc., et al, Grantors herein, by deed dated August 7, 1989 and recorded in the Office of the Recorder of
Deeds for Cumberland County in Deed Book C, Vol umc 34, Page 227,
i.. ':•,;:, +il lie recorded
("minty 14,
8K 1893PG 155 1
?. ?? ?
Prepared By: Elizabeth Gradel
Return to: GOLDBECK McCAFFERTY & McKEEVER
Mellon Independence Center - Suite 5000
701 Market Street
Philadelphia, PA 19106-1532
GMM File Number: MT-0133
Parcel ID#: 30-08-0597-049
ASSIGNMENT OF MORTGAGE
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING
SOLELY AS A NOMINEE FOR M & T MORTGAGE CORPORATION (Assignor),
for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,
the receipt of which is acknowledged, does grant, bargain, sell, assign and transfer to M&T BANK
S/B/M M&T MORTGAGE CORPORATION.
M&T BANK S/B/M M&T MORTGAGE CORPORATION (Assignee),
all of its right, title and interest, as holder of, in, and to the following described mortgage, the property
described and the indebtedness secured by the mortgage:
Executed KENNETH R. WALTERS , Mortgagor(s); to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR M & T
MORTGAGE CORPORATION. Bearing date of. December 29,2004; Amount Secured: $310,650.00;
Recorded on January 03, 2005; in Book 1893, Page 1535; in the Recorder of Deeds Office of
Cumberland County, Commonwealth of Pennsylvania ("Mortgage")
Property: Lot 30 Greenspring Road, Newville,PA 17241
AS FURTHER DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED INTO THIS
ASSIGNMENT.
Together with the note or obligation described in the Mortgage endorsed to the Assignee,("Note") and all
moneys due and to become due on the Note and Mortgage, with interest. Assignee its successors, legal
representatives and assigns shall hold all rights under the Note and Mortgage forever, subject however, to
the right and equity of redemption, if any, of the maker(s) of the Mortgage, their heirs and assigns forever.
Assignor, by its appropriate corporate officers, has executed and sealed with its corporate seal this
Assignment of Mortgage on this -Ur"eday of January, 2007.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., ACTING
SOLELY AS A NOMINEE FOR M & T
MORTGAGE CORPORATION
(Affix Corporate Seal)
ss:
STATE OF NEW YORK COUNTY OF ERIE
BE IT REMEMBERED, that on this a'?day of January, 2007, before me, the subscriber, a Notary
Public uersonally anneared
officers of Assignor, who I'am satisfied are the persons who signed the within instrument and they
acknowledged that they signed, sealed with the corporate seal and delivered the same as such officers
aforesaid, and that the within instrument is the voluntary act and deed of such corporation made by virtue
of a Resolution of its Board of Directors.
I hereby certify the address of the Assignee is:
1 Fountain Plaza, Buffalo,NY 14203
Loan No.: 0010640373
Notary Public
My commission expires:
V.44 &40A
ZrWif POR10 . State 4 Ifni
2Nd*;,,d cu EI&
T4 e6wdaem 50" 20/0
Case #: MT-0133
BIT
EXHIBIT A
ALL that certain tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded
and described in accordance with a Platt prepared by Rodney Lee Decker, R.P.L.S., dated June 8, 1989 and
recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 58, Page 109.
BEGINNING at a point in northern right of way line of PA Route 641, at corner of Lot No. 31 an said plan;
thence along Lot No. 31 North 16 degrees 56 minutes 45 seconds Last 567.53 feet to a point at Lot No. 31;
thence along Lot No. 31 South 68 degrees 14 minutes 50 seconds Last 152.42 feet to a point thence along Lot
No. 29 South 04 degrees 36 minutes 10 seconds West 527.92 feet to a point; thence along northern right of
way of PA Routh 641 by a curve to the: right having a radius of 1940.00 and arc distance of 267.82 feet on a
chord bearing of North 81 deg cs 26 minutes 35 seconds West to a point, the Place of BEGINNING
CONTAINING 2.626 acres and designated as Lot 30 of North Newton Manor.
BEING part of the same premises with Orvel W. Baer and Pauline; E. Baer, his wife, granted and conveyed to
Kimba, Inc., et al, Grantors herein, by deed dated August 7, 1989 and mvAuded in the Office of the Recorder of
Deeds for Cumberland County in Deed Book C, Volume 34, Page 227.
!:t 4] lie recoi ed
8K 1893PG 1551
,? ?: r
NOTE
December 29. 2004 Carlisle PENNSYLVANIA
[Dael Icily] Maim
Lot 30 Greenspring Road. Newville, PA 17241
[PrOpeny Address[
1. BORROWER'S PROAl1SE TO PAY
In ruturn for a loan that 1 have nxeived, I promise to pay U.S. $ 310.650.04 (this amount is called "Principal
plus interest, to the order of the Leader. The Lender is M&T Mortgage Corporation
I will make all payments tinder this Note in the form of cash, check of money order.
I underxWnd that the Lender may transfer this Note. The Lcndcr or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly
rate of ** %.
The interest rate Tquired by this Section 2 is the rate 1 will pay both before and after any default described in Section 6(8)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
i will make my momhly payment on the ** day of each rrumth beginning on * * 1 will
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest
before Principal. If, on ** , 1 still owe amounts under this Note, I will pay those amounts in full on
that date, which is called the "Maturity Date."
1 will make my monthly paym-nts atPO Box 62182, Baltimore, MD 21264
or at a different place if requircd by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $**
4. BORROWER'S RIGHT TO PREPAY
I have the right uI make payments of principal at any time before they are due. A payment of Principal only is known as a
"Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. i may not designate a
payment as a Prepayment if I have not rnade all the monthly payments du: under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Pnpaytncnts to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amc,unt of my
monthly payment unless the Note Holder agn= in writing to those changes.
10640373 10640373
MULTISTATE nxED RATE NOTE-Single Family-Fannie Mea/Fraddin Mac UNIFORM INSTRUMENT
Ck5N lemur Form 3200 7101
vMP MORTGAGF FORMS- MODIS21-7201 **PLEASE SEE ATTACHED ADDENDUM TO MUTE
Pete 1 0 3 1"i".
S. 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: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; mid (b) any stmis already collected from
me which cxoeeded 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 Prepayntcmt.
F. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any Monthly payment by the end of F i fteen calendar days
afiev the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 0 % of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each laic payment.
(B) Default
If 1 do not pay the full amount of each monthly payment on the date it is due, 1 will be in default.
(C) Notice of Default
If I am in default, the Note Ilolder may send bra: a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note holder may require me to pay imirnediately the full amount of Principal which has not been paid and all
the interest that l owe on that amount. That date must be at least 30 days after the date an which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if 1 am in default at a later time.
(F) Payment of Note Raider's Costs and Expanses
If the Note Holder has required me to pay immediately in full as descrihed above, the Note Holder will have the right to
be paid back by no for all of its costa and expenses in enforcing this Note to the extent not protlihi(ed by applicable law. Those
expenses include, for example, rwsonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises trade in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against each person individually or against all of us together. This means that any one of us may he required to
pay all of the amounts owed under this Note.
9. WAl VP;RS
I and any other person who has obligations under this 1*)u: waive the tights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of auxwnts due. "Notice of Dishonor" means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10640373 10640373
Q%-aN IU20]) Form 32?00?J110??1?
0 -W 2 of 3 1-ms: 444??
10. I MMRM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, of Security Deed (the "Security Instrument"), dated the sate date as
this Note, protects the Note Holder from possible losses which might result if I du not keep the promises which I make in this
Note. That Security Instrument describes bow arul under what conditions I may be requited to make irtmtediate payment in full
of all amounts I owe under this Note. Sono: of those conditions are described as follows:
If all or any pan of the property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person mid a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sans secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Suction 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
stuns 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. BAND(S) AND SEAL(S) OF THE UNDERSIGNED.
" -1 - (Seal)
Kenneth R Walters Pn"ower
_(Seal)
-Dormwer
-(Seal)
-Rorrowel
-(Seal)
Borruwrr
(Seal)
Borruwcr
-(Seal)
-Borrowrr
(Seal)
'Borrower
- (Seal)
-Domrirer
(Sign orfgiwl (fitly]
10640373
(ML 6N 10207)
r'.ge J of i
10640373
Form 3200 1101
ADDENDUM TO NOTE
CONSTRUCTIONIPERMANENT LOAN
This Addendum supplements that Note or Adjustable Rate Note, as applicaw (the 'Note'), dated even
herewith, whereby the undersigned ('Yohas agreed to borrow from M&T Mortgage Corporation ('Lender") and
Lender has agreed to lend to you $310.62.00.
A. The following terms supplement and amend Sections 2 and 3 of the Note:
1. Interest will be charged on the unpaid principal balance beginning on the later of the dale of the Note or the
date of the first advance of principal.
You will pay interest only on principal amounts that have been advanced at a yearly rate of 6.750 %
beginning on the first of the month following your first advance and continuing on the first day of each month
thereafter until the earlier of:
(i) the thirtieth day after the date on which Lender deems the residence which is the collateral for this
loan to be complete by issuing its final draw check (notwithstanding any small amounts remaining
in escrow for minor items) (the `30th Day');
(ii) the effective data appearing on the Note Modification Agreement (as described below), provided
that Lender receives from you the executed Note Modification Agreement, all documents required
by tender and all amounts which you have agreed to pa at time of modification, within three days
of the effective date appearing on the Note Modification Agreement; or
(iii) 12 months from the data of the Not.
From and after the earlier of (i), (d) or (iii) above, you will either.
If a Note Modification Agreement has become effective you will pay interest, principal and other
amounts as required by the Note, the Note Modification Agreement and the Mortgage securing the
Note; or
If no Note Modification Agreement has become effective, then interest only at a yearly rate of
7.750 %.
2. To modify your loan to its permanent phase, you must execute a Note Modification Agreement, which will
reflect the repayment terms for the permanent phase of your loan. You will be in default under the Note and
the More securing the Note unless your signed and effective Note Modification Agreement, together with a
check for all amounts which you have agreed to pay at time of modification and all documents which are
required by Lender, are received by Lender by the earlier of:
W within three days of the 30th Day, or
(ii) 13 months from the date of the Note.
3. The rate of interest for the permanent phase of your Loan (or initial interest rate 9 this Addendum supplements
an Adjustable Rate Note) shall be set forth in the Note Modification Agreement and shall be established either:
(i) by the terms of any rate lock agreement between you and Lender which is in effect as of the effective
date appearing on the Note Modification Agreement; or
(ii) if no rate lock agreement Is in effect as of the effective date appearing on the Note Modification
Agreement, at a rate equal to the greater of:
MT4519
Loan ID: 10540373
Page 1 of 2
t) the rate reflected on any rate lock agreement between you and Lender which expired prior to the
effective date appearing on the Note Modification Agreement; or
2) the rate established by Lender for your loan on the fifth business day preceding the effective date
appearing on the Note Modification Agreement, not to exceed 5 percentage pants more than the
highest published weekly average yield on United States Treasury securities adjusted to a constant
maturity of one year during the period beginning on the date you applied for your loan and ending on
the effective date appearing on the Note Modification Agreement (the "Permanent Phase Rate").
The permanent Phase Rate for your Loan, whether estabiished under (i) or (t) above, shall not exceed 18%
per annum. If this Addendum supplements an Adjustable Rate Note, the rate of interest for the permanent
phase of your Loan shall not exceed 0 percentage points above 18% per annum.
(a) This subsection (4) (a) applies N yours is a monthly payment loan. You shallpay interest at the
Permanent Phase Rate, beginning on the effective dale appearing on the Note Modificafion Agreement.
Concurrent with the execution of the Nole Modification Agreement, you shall be required to pay interim
interest at the Permanent Phase Rate together with all other amounts you have agreed to pay at time of
modification. The interim interest is calculated on the number of days between the effective date appearing
on the Note Modification Agreement and the last day of the month in which that date occurs. Your first full
payment of principal, interest and escrow, if applicable, shall be due and payable on the fast day of the
second full month following the effective date appearing on the Note Modification Agreement and thereafter in
accordance with the Note, the Note Modification Agreement and the Mortgage securing the Note.
(b) This subsection (4) (b) applies If yours is a biweekly payment loan. You shah pay interest at the
Permanent Phase Rate beginning on the effective date appearing on the Note Modification Agreement
Concurrent with the execution of the Note Modification Agreement, you shall be required to pay interim
interest at the Permanent Phase Rate together with all other amounts you have agreed to pay at time of
modification. The interim interest is calculated on the number of days between the effective date appearing
on the Note Modification Agreement and the date which is 14 days prior to the due date of our first biweekly
payment Your first biweekly payment of principal, interest and escrow, 0 applicable, shall be due and
payable on the third scheduled biweekly payment date following the effective date appearing on the Note
Mod&ation Agreement as shown on Lender's then current schedule of biweekly payments. Thereafter
payments will be due in accordance with the Note, the Note Modification Agreement and the Mortgage
securing the Note.
B. In addition to any other event of default described in the Note or in the Mortgage, Deed of Trust or other Security
Agreement which secures the Note (the *Security Instrument), you win be In default under the Note and the
Security Instrument and may be required to make immediate payment of all amounts you owe under the Note 0
you fag to perform any of your obligations secured by a Mortgage, Deed of Trust or other Security Agreement
having priority over the Security Instrument.
cub
Kenneth R Walters
calms Dka
Breton WI 9E.lONM paY .-
1- 00
MT49i91
Page 2 of 2
00 a. pay
Lcan ID: 1060373
m -- I . ,..._ / r
CONSTRUCTION LOAN AGREEMENT
This Agreement, made this29th day of December 2004 by andbetwounM&T Mortgage
Corporation
Kenneth R Walters (Lender)and
(Borrower).
Whereas, Borrower is the owner of the following describ d property located in Cumberl and
County, State of PA , more particularly de-wribed as follows:
See Attached Legal Description
The Borrower has applied to the Lender for a construction mortgage loan in the amount of $ $ 310 , 650 , 00
for iml)rovements to be constructed in the accordance with plans and specifications submitted to the !.ender.
Simultancously with the execution and delivery of this Agreement, the Borrower has executed and delivered to the Lender,
anumg other documents, a Note of even date in the principal amount of $ 310, 650.00 (including a Construction
Loan Addendum to the Note) and a Mortgage, Deed of Must or Security Deed (the "Security Instrument") of even date securing
the Note and other indebtedness.
The Lender is willing to make the loan to the Borrower upon the terms and conditions herein set forth.
THEREFORE, the parties agree as follows:
1. Construction Period. Borrower must execute the below-referenced documents to obtain a construction loan and permanent
financing following the construction period. Construction shall be completed on or before December 29, 2005
("Construction Completion Date"). Borrower may extend the Construction Completion date one time only for a period of
3 or 6 months upon obtaining Lender's consent to the extension and payment of a lee in the amount of
$3,106.50
-7300 lo0ual.ot 6100
0
VMP MVNTGAGE FOMAa - (9001531-7291
1
P:IgO 101 4 MilYlf:_ f\?
loan It 10640373
(Check applicable box(es))
R tired Documents:
Promissory Note
® Construction T oan Addendum
Q Addendum to Adjustable Rate Note (if applicable)
Q Security Instrument
? Adjustable Rate Rider (if applicable)
r_J Security Instrument Construction Rider
Q Disclosure Statcrocrits
El Construction Contract dated for the amount
of $ , signed by Borrower and
5toudt Construction
(Builder)
® Copies of all nec.wrry building permit(s)
® Plan and Sivxiftcations, signed and "Ws by Borrower and Builder
F-1 Cost Breakdown, signed by Borrower and Builder
® Appraisal
Q Current Financial Statement on Builder (within six months)
U Credit Report on Budder
® Insurance policy or policies as required by this Agreement
U Water/Well Certificate showing satisfactory test(s) of purity (if applicable)
? Other documentation deemed necessary by the Lender
The construction period shall be considered complete when all the following requirements have been satisfied:
A. A Completion Certificate has been tiled in the appropriate county, if applicable.
B. An Appraiser certifies that the Improvements have been completed per the plans and specifications.
C. A Cxrtiticate of Occupancy has been issued by the appropriate jurisdiction.
2. Coninameement of Construction. The Borrower shall record with the Recorder/Register of Deeds where the Security
Instrument is recorded and post on the property a Notice of Commencement immediately following recordation of the Lcmder's
Security Instrument. The Borrower shall cause construction to commence within N/A days following the recording and
posting of the Notice of Commencement. Construction of the improvements must be completed to the Lender's satisfaction
according to the plans and specifications submitted to the Tender and a final advance of the loan trade before the last day of the
construction period of this Agreement, subject to such extension as the Lender may approve in accordance with this Agreement
and the Construction Loan Addendum.
3. Construction of Improvements. The improvements shall be constructed with first-class materials and completed in a good
and workmanlike manner, free and clear of all liens, claims and encumbrances, in strict accordance with the plans and
specifications submitted to the Under and in strict cornpliance with the laws, ordinances, regulations, restrictions and
requirements of all govemrnemal authorities. All roqueata for changes in the plans and specifications must be in writing signed
and approved by the Builder, the Borrower, the Lender and other parties as the Lender may require. The Lender's approval may
be subject to such terms and conditions as the Lender may prescribe.
4. Advance of Ftmds, Borrower shall notify Lender at least 48 hours prior to the date that an advance is required.
Lender agrees to advance funds in accordance with lux CONSTRUCTION LOAN DISBURSEMENT SCHEDULE attached
hereto as Exhibit "A" and made a part thereof. Lender shall be under no obligation to advance finds hereunder until Lender has
obtained a satisfactory inspection mginrt. from an inspector of its own choosing imlic:ating that sufficient construction has
occurred to support the amount of draw requested. Borrower hereby grants to Lender, or its authorized representative, authority
to enter onto the subject Property at reasonable times to perform the inspections provided for IxTuin. Borrower further agrees
that any such inspections shalt in no way be construct) to warrant the quality of workmanship of any work performed. aloo
®1300 uxga? err vspa z ut a
?mtias:?
loan 4 10640373
Draw inspection are made between the N/A and N/A of each month, with draw checks being issued
no later than the N/A of each month FOR WORK COMPLETED'fHE PREVIOUS CALENDAR MONTH.
5. Surveys. Borrower shall furnish Lender with a survey showing the mortgaged Property, easements, public access, and the
improvements, indicating that the improvements comply with all zoning laws, and restrictive covenants, including setback
requirciramts, prior to the first advance of funds. Prior to any disbursements of funds subseyuertt to the disbursement of lot draw
funds, Borrower shall alsu provide Lender with an acceptable foundation survey showing the location of the completed
improvements, casements, public access and encroachments, if any.
6. Final Advance of the Loan. The obligation of the Lender to make the final advance under the loan shall he subject to the
Borrower providing evidence satisfactory to the Lender that a Permanent certificate of occupancy and all goveromeaud
approvals, federal, state and local, necessary for the use and occupancy of the improvements have been obtained. In addition,
the Borrower shall provide a survey satisfactory to the Lender of the completed improvements meeting the nNuirementt stated
in this Agrtxmrcnt. Borrower shall provide Lender with a final in.Vo :tion report which must be satisfactory to the Lender.
7. Mechanics Lien. Borrower agrees that any mechanic's lien file upon the property shall be Borrower's sole responsibility
and hereby hulds Leader harmless against all losses, including but not limited to, liability, costs, or damages resulting from
same.
8. Default. It is understood and agreed by the Borrower that in Ira event the construction. is ten completed by the construction
completion date or at the expiration of the extension period approved by the Lender, then all Agreements entered into bmeunder
shall be NULL. AND VOID, The Lender shall then have the option of (1) Demanding The entire unpaid construction loan
principal balance and accrued interest be immediately paid in full by the Borrower (2) Consideration of a further extension
conditioned upon an increase in the Note interest rate and payment of additional points or fees.
4. Funds to Complete. If it appears at any one time the construction costs will exceed the net amount available from this loan,
the Lender may, at its option, and as a condition of any further advance, require the Borrower upon demand to deposit with the
lender sufficient funds which, together with the net amount available from the loan proceeds, will 1w sufficient to pay all
construct ion costs.
10. Hazard Insurance. Borrower will obtain a "Builder's Risk insurance" policy on the property naming the Lender as the
irantgagee. After construction is complete Borrower shalt insure property against all loss in accordance with the Items and
conditions of the Security Instrument.
11. F,vidence of TYtlc. The Borrower shall submit to Tender either an approval abstract of title or an approved policy of
mortgagee's title insurance in the amount of the loan.
12. Inspections. Borrower shall permit Lender, its agents and assigns, the suthodly it) inspect the Property at such times and
intervals as lender deems necessary or at such other reasonable time for the sole purpose of determining the approximate
completion of Construction. In no event shall lender inspect the Property for the purpose of insuring compliance with plans and
specification or the engineering Soundness of any work performed or materials furnished in or upon the Property. Said
inspections arc conducted solely for the benefit of Tender, and Borrower has no right to rely upon any such inspection in any
manner whatsoever.
As soon as locks are installed, the Lender must he given a key to the property for inspection purposes. If the inspector has not
been given a key and finds the house lockel, no further draws cazi be released. A reins Lion may be ordered when a key is
provided, but a charge of $100. 0 0 will be deducted from the construction funds.
13. Wire Transfer, If on behalf of the Borrower, Lender completes a wire transfer, Lender shall charge Borrower a
$25.00 fee per occurrence.
6100
1300 100061At Pspy 3 o14 IMIW& 1 L/
10. N 10640373
Borrower and Lender agrtx that all expenses for change in plans, disbumenKnts, appraisals, inspections, searches, title
insurance, certificates, real property taxes, surveys and examination of title, drawing, perfecting and recording papers, will lx:
paid by Borrower.
IN WITNESS WHEREOF, each of the undersibmix! has exewted this Cmstruction Loam Agreement, effective the day and
year first above written.
bUT Mortgage Corporation
BY:
Its:
1
net R waltara Borrower
Borrower
Burrower
Borrower
at 1300 (0001 AI Pspe 4 y1 6 6100
loan N 10640373
T w °a gu w
til-
(,] M&T Mortgage Corporation
A SU MSIDIARYOF Mw1'13ANK • Over 140 Tears nf'Exyeriertce Behind Us
2270 ERIN COUR'T', PO BOX 7628, LANCASTER PA 17604-7628
PHONE 988-536-2572 PAX 717-239-8697
August 25, 2006
KENNE,l'FI 11, WALTERS
1075 PETERSBURG ROAD
BOILING SPRINGS, PA 17007
RE: Mortgage loan # 10640373
Property Address: LOT #30 GREENSPRINC ROAD
NEWVILLE, PA 17241.
Dcar Mortgagor Customcrl
This letter shall serve as lurmal notice that you are presently in DEFAT.B.'r under the
terms of your Note, Mortgagrre/Deed of Trust, and/or Construction Luan Agreement
secured by the property referenced above,
DUE TO THE ABOVE MLN'1'IONED DEFAULT WE HAVE ELECTED AND DO
HEREBY FIA(:I'TO DECLARE YOUR ENTIRE LOAN BALANCE IMMEDIATELY
DUE AND PAYABLE TN FULL. FORMAT. DEMAND 1S HEREBY MADE. UPON
YOU FOR SUCH PAYMENT.
'T'he reason(s) we have declared your loan to be in DEFAIII. I' is ns designated below:
The Construction period (term) allowed by your Construction Loan Agreement has
matured and construction has not been completed 2s agreed, ANWOR you have
failed to execute the retlulred Note Modification Agreement to modify your loan to
its permanent phase.
To cure your default, you must pay the total principal amount of $1.66,820.00 (as of the
date o1'this letter), plus all accrued interest associated with your construction loan. You
must also pay the total fee amount ol'S3083.12 (as of the date of this letter). Please keep
in mind the principal amount owed, plus accrued interest and other fees will change.
Bclbre paying, you must request from us in writing; the exact amount clue to cure the
default. You may tax the request to us at: 717-239-8697 or mail the request to us at:
M&T Mortgage Corporation
Attn: Construction Pnyoff Department
2270 Erin (. t
Lancaster, PA 17601
Full payment of the exact amount due unwt be received in our ottice within 30 days from
the date. of this letter. moment must be in the form of Cashiers Check Certified Check
or Money larder only.
If you do not curt this del'ault within 30 days from receipt of this letter„ foreclosure
proceedings may be commenced to acquire the property by foreclosure and sale. As a
result of a lbreclusure action the Noteholder or another person may acquire the property.
The method of foreclosure used will depend on the foreclusure statutes of the state in
which the mortgaged property is located. In the event foreclosure proceedings are
initiated, you may have certain rights, including the right to argue that you did fulfill the
promises and agreements tinder the Note, MongagelDoed of'Trust, and Construction
Loan Agreement. Please note you may be responsible for a deficiency balance resulting
troin this sale. You may be entitled to raise any other applicable defense and possibly to
reinstate your loan accoun_ after acceleration and before sate.
PL.F.ASF. RF. AWARETHAT BECAUSE YOUR ENTIRE BALANCE. IS NOW DUE
AND PAYABLE IN rULL, WE MAY NO LONGRR ACCEPT YOUR NORMAL
MONTHLY INTEREST PAYMENTS TO ADVANCE THE MONTHLY DUE DATE.
TI-IRR}.:FORE:, LINTIL THE BALANCE 1S PAID IN rULL YOUR ACCOUNT WILL
REMAIN CONTRACTUALLY DU0 FOR THE JULY 1, 2005 PAYMENT. THE
STATUS OF YOUR ACCOUNTMAY BE REPORTED TO CREDIT REPORTING,
AGENCIES.
Any monthly interest payments received after the (late of this letter may be returned to
you, or applied to your current principal, interest, or construction fees that are due
because of the above default.
It should be noted that under the terms of your MortgagelDced ul'Trust, all expenses
allowed by law, which may include reasonable attorney's fees and other costs relating to
the dalitult and any foreclosure proceedings may be collected from you. Please rcfor to
your loan documents or consult an attorney concerning the rights and obligations that you
have in connection with the default described above.
Lastly, we ask that you please contact us immediately at 888-536-2572 extension 8023 to
discuss your intentions, as well as any possible alternatives that may be available.
inco.
ris c er M. Hess
Con • ction Risk Supervisor
LA'Z'E.PAYMENTS MISSED PAYMENTS OR OTHER LOAN DEFAULT
(NFORMAT'ION MAY BE REPORTED TO CREDIT REPORTING AGENCIES.
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In the Court of Common Pleas of Cumberland County
M&T BANK SB/M M&T MORTGAGE CORPORATION
1 Fountain Plaza
Buffalo, NY 14203
Plaintiff
vs.
KENNETH R. WALTERS
(Mortgagor(s) and Record Owner(s))
Lot 30 Greenspring Road
Newville, PA 17241
Defendant(s)
PRAECIPE FOR JUDGMENT
No. 07-719
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT
OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE
OF COLLECTING THE DEBT.
Enter the Judgment in favor of Plaintiff and against KENNETH R. WALTERS by default for want of an Answer.
Assess damages as follows:
Debt
Interest from 03/17/07 to Date of Sale
Total
(Assessment of Damages attached)
$201,087.62
I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO
BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT.
I certify that written notice of the intention to file this praecipe was mailed or delivere to th party against whom judgment
is to be entered and to his attorney of record, if any, after the default occurred and at I 'Vast to days prior to the date of the
filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 X?7 j
Joseph A. Gc
Attorney for
I.D. #16132
AND NOW JT,.4N, e1 00'7 , Ju nt is entered in favor of M&T
BANK SB/M M&T MORTGAGE CORPORATION and against KENNETH R. WALTERS by default for want of an
Answer and damages assessed in the sum of $201,087.62 as per the above certific 'on.
Proth otary
Rule of Civil Procedure No. 236 - Revised
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
M&T BANK SB/M M&T MORTGAGE CORPORATION
1 Fountain Plaza
Buffalo, NY 14203
Plaintiff
No. 07-719
VS.
KENNETH R. WALTERS
(Mortgagors and Record Owner(s))
Lot 30 Greenspring Road
Newville, PA 17241
Defendant(s)
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT
OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE
PURPOSE OF COLLECTING THE DEBT.
NOTICE
Notice is given that a judgment in the above-captioned matter has been entered against you.
Curt Long
Prothonotary
By:
If you have any questions concerning the above, please contact:
Joseph A. Goldbeck, Jr.
Goldbeck McCafferty & McKeever
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
MT-1134
1
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A
DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THE PURPOSE OF COLLECTING THE DEBT.
TO:
KENNETH R. WALTERS
1000 Claremont Road #113
Carlisle, PA 17013
M&T BANK SB/M M&T MORTGAGE CORPORATION
1 Fountain Plaza
Buffalo, NY 14203
Plaintiff"
VS.
KENNETH R. WALTERS
(Mortgagor(s) and Record Owner(s))
Lot 30 Greenspring Road
Newville, PA 17241
Defendant(s)
TO: KENNETH R. WALTERS
1000 Claremont Road #113
Carlisle, PA 17013
DATE OF THIS NOTICE: March 5, 2007
In the Court of Common Pleas
of Cumberland County
CIVIL ACTION - LAW
ACTION OF
MORTGAGE FORECLOSURE
Term
No. 07-719
IMPORTANT NOTICE.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY
OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS
SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LASE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HERE A LAWYER, THIS OFFICE
MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LEGAL SERVICES INC
9 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisk, PA 17013
' 70=h Ir - - 11 ff?ecl D
GOLDBECK McCAFFERTY & MCKEEVER
BY: Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
Suite 5000 - 701 Market Street.
Philadelphia, PA 19106 215-825-6318
MT-1134
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
TO:
KENNETH R. WALTERS
Lot 30 Grewq ing Road
Newville, PA 17241
M&T BANK SB/M M&T MORTGAGE CORPORATION
1 Fountain Plaza
Buffalo, NY 14203
Plaintiff
VS.
KENNETH R. WALTERS
(Mortgagor(s) and Record Owner(s))
Lot 30 Greenspring Road
Newville, PA 17241
Defendant(s)
TO: 1CF NETH R. WALTERS
Lot 30 Green4v ing Road
Newville, PA 17241
DATE OF THIS NOTICE: March 5, 2007
IN THE COURT OF COMMON
PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
Term
No. 07-719
TMP(MTANT NOTTC-R
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS
TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LASE
YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO
HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
M,CAM EVER
B A. Goklboak, Jr., Esq.
Attorney for Plaintiff
Suite 5000 - Melon WVende= Cater
701 Market Strw
Philadelphia, PA 19106 215-627-1322
VERIFICATION OF NON-MILITARY SERVICE
The undersigned, as the representative for the Plaintiff
corporation within named do hereby verify that I am authorized
to make this verification on behalf of the Plaintiff corporation
and that the facts set forth in the foregoing verification of
Non-Military Service are true and correct to the best of my
knowledge, information and belief. I understand that false
statements therein are made subject to penalties of 18 Pa. C.S.
4904 relating to unsworn falsification to authorities.
1. That the above named Defendant, KENNETH R. WALTERS, is
about unknown years of age, that Defendant's last known
residence is 1000 Claremont Road #113, Carlisle, PA 17013, and
is engaged in the unknown business located at unknown address.
2. That Defendant is not in the Military or Naval Service
of the United States or its Allies, noth wise wi thin the
provisions of the Soldiers' and Sailors' Relief Action of
Congress of 1940 and its Amendments.
Date:
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
M&T BANK SB/M M&T MORTGAGE
CORPORATION
1 Fountain Plaza
Buffalo, NY 14203
VS.
KENNETH R. WALTERS
(Mortgagor(s) and Record owner(s))
Lot 30 Greenspring Road
Newville, PA 17241
IN THE COURT OF COMMON PLEAS
Plaintiff
of Cumberland County
CIVIL ACTION LAW
ACTION OF MORTGAGE FORECLOSURE
Defendant(s)
No. 07-719
ORDER FOR JUDGMENT
Please enter Judgment in favor of M&T BANK SB/M M&T MORT AGl
against KENNETH R. WALTERS for failure to file an Answer in the abov action
days if defendant is the United States of America) from the date of service o the Cc
$201,087.62.
Joseph A. G4
Attorney for
I hereby certify that the above names are correct and that th precis
creditor is M&T BANK SB/M M&T MORTGAGE CORPORATI N 1 F
that the name(s) and last known address(es) of the Defendant(s) is/a KEr
Claremont Road #113 Carlisle, PA 17013;
'ORATION, and
(20) days (or sixty (60)
t, in the sum of
n a
, 6 of the judgment
'Plaza Buffalo, NY 14203 and
R. WALTERS, 1000
GOLDBECK F Y & McKEEVER
k, Jr.
BY: Joseph Apintiff
Attorney for P
ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly assess the damages in this case to be as follows:
Principal Balance
Interest from 06/01/2005 through
03/16/2007
Reasonable Attorney's Fee
Late Charges
Costs of Suit and Title Search
Escrow
Corporate Advance
$166,820.00
$20,175.90
$8,341.00
$1,161.92
$900.00
$3,028.80
$660.00
$201,087.62
GOLDBECK McC T & McKEEVER
BY: Joseph A. Gol J .
Attorney for Plaint'
AND NOW, thisZzA* Ziay of / eevwk 2007 damages are
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r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P 3180-3183
Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
M&T BANK SB/M M&T MORTGAGE
CORPORATION
1 Fountain Plaza
Buffalo, NY 14203
Plaintiff
VS.
KENNETH R. WALTERS
Mortgagor(s) and Record Owner(s)
Lot 30 Greenspring Road
Newville, PA 17241
Defendant(s)
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 07-719
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter:
Amount Due
Interest from 03/17/07
to Date of Sale at
6.7500%
(Costs to be added)
$201,087.62
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All that certain tract of land situate in North Newton Township, Cumberland County,
Pennsylvania, bounded and described in accordance with a Plan prepared by Rodney Lee
Decker, R.P.L.S., dated June 8, 1989 and recorded in the Office of the Recorder of Deeds
for Cumberland County in Plan Book 58, Page 109.
Beginning at a point in northern right of way line of PA Route 641, at corner of Lot No.
31 on said plan; thence along Lot No. 31 North 16 degrees 56 minutes 45 seconds East
567.53 feet to a point at Lot No. 31; thence along Lot No. 31 South 68 degrees 14
minutes 50 seconds East 152.42 feet to a point; thence along Lot No. 29 South 04 degrees
36 minutes 10 seconds West 527.92 feet to a point; thence along northern right of way of
PA Route 641 by a curve to the right having a radius of 1940.00 and arc distance of
267.82 feet on a chord bearing of North 81 degrees 26 minutes 35 seconds West to a
point the place of beginning.
Containing 2.626 acres and designated as Lot 30 of North Newton Manor.
TAX PARCEL NO: 30-08-0597-049
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-719 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due M&T BANK SB/M M&T MORTGAGE, Plaintiff (s)
From KENNETH R. WALTERS
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(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 $201,087.62
L.L. $.50
Interest FROM 3/17/07 TO DATE OF SALE AT 6.7500%
Atty's Comm % Due Prothy $2.00
Atty Paid $183.96
Other Costs
Plaintiff Paid
Date: MARCH 22, 2007
(Seal)
REQUESTING PARTY:
Curtis 1k. Long, P no aryBy:
Deputy
Name JOSEPH A. GOLDBECK, JR., ESQUIRE
Address: SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
Attorney for: PLAINTIFF
Telephone: 215-627-1322
Supreme Court ID No. 16132
.016
Goldbeck McCafferty & McKeever
BY: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
M&T BANK SB/M M&T MORTGAGE
CORPORATION
1 Fountain Plaza
Buffalo, NY 14203
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
KENNETH R. WALTERS
(Mortgagor(s) and Record Owner(s))
Lot 30 Greenspring Road
Newville, PA 17241
Defendant(s)
ACTION OF MORTGAGE FORECLOSURE
No. 07-719
AFFIDAVIT PURSUANT TO RULE 3129
M&T BANK SB/M M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A.
Goldbeck, Jr., 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 30 Greenspring Road
Newville, PA 17241
1.Name and address of Owner(s) or Reputed Owner(s):
KENNETH R. WALTERS
1000 Claremont Road #113
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
KENNETH R. WALTERS
1000 Claremont Road #113
Carlisle, PA 17013
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold:
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
4. Name and address of the last recorded holder of every mortgage of record:
J
.•.
5. Name and address of every other person who has any record interest in or record lien on the property and whose interest
may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
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.
TENANTS/OCCUPANTS
Lot 30 Greenspring Road
Newville, PA 17241
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true and correct o the be t of my personal knowledge or
information and belief. I understand that false statements herein are made su ect to th penalties of 18 Pa. C.S. Section 4904
relating to unworn falsification to authorities.
DATED: March 16, 2007
GOLDBECK FE & McKEEVER
BY: Joseph A. o Jr., Esq.
Attorney for PI inti f
N_ O
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t ? rnr
-,r
f 07-719
GOLDBECK McCAFFERTY & MCKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6318
Attorney for Plaintiff
M&T BANK SB/M M&T MORTGAGE
CORPORATION
1 Fountain Plaza
Buffalo, NY 14203
Plaintiff
VS.
KENNETH R. WALTERS
Mortgagor(s) and Record Owner(s)
Lot 30 Greenspring Road
Newville, PA 17241
Defendant(s
Term
No. 07-719
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: WALTERS, KENNETH R.
KENNETH R WALTERS
Lot 30 Greenspring Road
Newville, PA 17241
Your house at Lot 30 Greenspring Road, Newville, PA 17241 is scheduled to be sold at Sheriffs
Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse
to enforce the court judgment of $201,087.62 obtained by M&T BANK SB/M M&T MORTGAGE
CORPORATION against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
1. The sale will be cancelled if you pay to M&T BANK SB/M M&T MORTGAGE
CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out
how much you must pay call: 215-825-6329 or 1-866-413-2311
ti
07-719
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if
the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
3. You may also 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 below 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 NOT TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid price by calling the Sheriff of 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 the Sheriff of 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 within thirty (30) days from the
date of the Sheriffs Sale. This schedule will state who will be receiving that 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 schedule of distribution is filed.
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.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
07-719
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage
Foreclosure against you, you still may be able to SAVE YOUR HOME FROM
FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the
following numbers: 717-243-9400 or.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free
counseling.
3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the
Loss of Their Homes.
4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss
Mitigation or Home Retention options.
5). Call or contact our office to request the amount to bring the account current,
or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our
toll free number at 1-866-413-2311 or via email at homeretentionagoldbecklaw.com.
Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you
requested will be mailed to the address that you request or faxed if you leave a message
with that information. The attorney in charge of our firm's Homeowner Retention
Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418.
Please reference our Attorney File Number of MT-1134.
Para informacion en espanol puede communicarse con Loretta a1215-825-6344.
r
3T CD
SHERIFF'S RETURN - REGULAR
_ CASE NO: 2007-00719 P
t
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
M&T BANK
VS
WALTERS KENNETH R
VALERIE WEARY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
WALTERS KENNETH R
was served upon
DEFENDANT
the
at 1438:00 HOURS, on the 12th day of February 2007
at 1000 CLAREMONT ROAD
#113
CARLISLE, PA 17013
KENNETH R. WALTERS
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 4.40
Affidavit .00
Surcharge 10.00
.00
316&1n7 L ? 20.40
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
02/14/2007
GOLDBECK MCCAFFERTY MCKEEVER
By. //z
Depu Sheriff
A. D.
SHERIFF'S RETURN - NOT FOUND
s
CASE NO: 2007-00719 P
't COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
M&T BANK
VS
WALTERS KENNETH R
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
WALTERS KENNETH R but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
the within named DEFENDANT
LOT 30 GREENSPRING ROAD
NEWVILLE, PA 17241
NOT FOUND , as to
WALTERS KENNETH R
DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS.
GIVEN ADDRESS IS A VACANT LOT.
Sheriff's Costs:
Docketing 18.00
Service 10.56
Not Found 5.00
Surcharge 10.00
.00
31ofi/p °7 43.56
So answers:
R. Thomas's Kline'
Sheriff of Cumberland County
GOLDBECK MCCAFFERTY MCKEEVER
02/14/2007
Sworn and Subscribed to before
me this day of
A. D.
, t
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
M&T BANK SB/M M&T MORTGAGE
CORPORATION
1 Fountain Plaza
Buffalo, NY 14203
Plaintiff
vs.
KENNETH R. WALTERS
Mortgagor(s) and
Record Owner(s)
Lot 30 Greenspring Road
Newville, PA 17241
Defendant(s)
MT-1134
CF: 02/06/2007
SD: 09/05/2007
$201,087.62
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 07-719
CERTIFICATE OF SERVICE
PURSUANT TO Pa.R.C.P. 3129.2 (c) (2)
Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the
Defendants of the Notice of Sheriff Sale was made by:
Personal Service by the Sheriffs Office%ewpete xk (copy of return attached).
( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached).
( ) Certified mail by Sheriffs Office.
( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record
(proof of mailing attached).
( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment
attached).
( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER.
( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached).
( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached).
( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified
Mail attached).
Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been
made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached).
The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S.
Section 4904.
es ct t
BY Zs h A.
Goldbeck, Jr.
At mor Plaintiff
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A .
M & T Bank s/b/m M & T Mortgage
Corporation
VS
Kenneth R. Walters
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2007-719 Civil Term
William Cline, Deputy Sheriff, who being duly sworn according to law, states that
on May 9, 2007 at 09 10 hours, he served a true copy of the within Real Estate Writ,
Notice and Description, in the above entitled action, upon the within named defendant, to
wit: Kenneth R. Walters, by making known unto Kenneth R. Walters personally, at 1000
Claremont Road, # 113 Carlisle, Cumberland County, Pennsylvania its contents and at
the same time handing to him personally the said true and correct copy of the same.
Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states
that on July 13, 2007 at 1219 hours, he posted a true copy of the within Real Estate Writ,
Notice, Poster and Description, in the above entitled action, upon the property of Kenneth
R. Walters located at Lot 30 Greenspring Road, Newville, Cumberland County,
Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Kenneth R. Walters, by regular mail to his last known address of 1000
Claremont Road, # 113, Carlisle, PA 17013. This letter was mailed under the date of July
2, 2007 and never returned to the Sheriffs Office.
So Answerso
R. Thomas Kline, Sheriff
B 6
J-1 WAL
Real Estate ergeant
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-825-6320
Attorney for Plaintiff
M&T BANK SB/M M&T MORTGAGE
CORPORATION
1 Fountain Plaza
Buffalo, NY 14203
Plaintiff
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
vs.
KENNETH R. WALTERS
Mortgagor(s) and Record Owner(s)
ACTION OF MORTGAGE FORECLOSURE
Lot 30 Greenspring Road
Newville, PA 17241
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129
Term
No. 07-719
M&T BANK SB/M M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A.
Goldbeck, Jr., 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 30 Greenspring Road
Newville, PA 17241
1.Name and address of Owner(s) or Reputed Owner(s):
KENNETH R. WALTERS
1000 Claremont Road #113
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
KENNETH R. WALTERS
1000 Claremont Road #113
Carlisle, PA 17013
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold:
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
I ? .
4. Name and address of the last recorded holder of every mortgage of record:
5. Name and address of every other person who has any record interest in or record lien on the property and whose interest
may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
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.
TENANTS/OCCUPANTS
Lot 30 Greenspring Road
Newville, PA 17241
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or
information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
DATED: August 13, 2007
:CK McCAFFIRRTY & I
ph A. Goldbeck, Jr., Esq.
for Plaintiff
rysv. i":"Y
?
?
al `n>
CO
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which M & T Bank is the grantee the same having been sold to said grantee on the
5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 22nd day of March,
A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 719, at
the suit of M & T Bank against kenneth R Walters is duly recorded as Instrument Number 200737257.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this (o day of
A.D. U
0 A?t? -
ecorder of Deeds
of feeds. Cumberland County. Cad&. PA
*Caff4j M E*hs #* First Monty of JUL 2014
M & T Bank s/b/m M & T Mortgage
Corporation
VS
Kenneth R. Walters
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2007-719 Civil Term
William Cline, Deputy Sheriff, who being duly sworn according to law, states that
on May 9, 2007 at 0910 hours, he served a true copy of the within Real Estate Writ,
Notice and Description, in the above entitled action, upon the within named defendant, to
wit: Kenneth R. Walters, by making known unto Kenneth R. Walters personally, at 1000
Claremont Road, # 113 Carlisle, Cumberland County, Pennsylvania its contents and at
the same time handing to him personally the said true and correct copy of the same.
Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states
that on July 13, 2007 at 1219 hours, he posted a true copy of the within Real Estate Writ,
Notice, Poster and Description, in the above entitled action, upon the property of Kenneth
R. Walters located at Lot 30 Greenspring Road, Newville, Cumberland County,
Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Kenneth R. Walters, by regular mail to his last known address of 1000
Claremont Road, # 113, Carlisle, PA 17013. This letter was mailed under the date of July
2, 2007 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on September 5, 2007 at 10:00 o'clock A.M. He sold the same for
the sum of $1.00 to Attorney Joseph Goldbeck on behalf of M&T Bank s/b/m M&T
Mortgage Corporation. It being the highest bid and best price received for the same,
M&T Bank s/b/m M&T Mortgage Corporation of 1 Fountain Plaza, Buffalo, NY 14203,
being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $912.47.
Sheriffs Costs:
Docketing $30.00
Poundage 17.89
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 2.00
Mileage 21.12
Levy 15.00
Surcharge 20.00
Law Journal 355.00
Patriot News 282.77
Share of Bills 15.69
Distribution of Proceeds 25.00
Sheriff s Deed 39.50
47 ? 10?? nl ?1
912
.
$
So Answers:
R. Thomas Kline, Sheriff
BYC %
Real Estate Sergeant
0.?? 1,
41, v Olk?
a ,7
4050}
!?? /993 7
Goldbeck McCafferty & McKeever
BY: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
M&T BANK SB/M M&T MORTGAGE
CORPORATION
1 Fountain Plaza
Buffalo, NY 14203
vs.
KENNETH R. WALTERS
(Mortgagor(s) and Record Owner(s))
Lot 30 Greenspring Road
Newville, PA 17241
IN THE COURT OF COMMON PLEAS
Plaintiff
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Defendant(s)
No. 07-719
AFFIDAVIT PURSUANT TO RULE 3129
M&T BANK S/B/M M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A.
Goldbeck, Jr., 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 30 Greenspring Road
Newville, PA 17241
1.Name and address of Owner(s) or Reputed Owner(s):
KENNETH R. WALTERS
1000 Claremont Road #113
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
KENNETH R. WALTERS
1000 Claremont Road #113
Carlisle, PA 17013
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold:
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
4. Name and address of the last recorded holder of every mortgage of record:
P,
5. Name and address of every other person who has any record interest in or record lien on the property and whose interest
may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
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.
TENANTS/OCCUPANTS
Lot 30 Greenspring Road
Newville, PA 17241
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true and correct o the be t of my personal knowledge or
information and belief. I understand that false statements herein are made sub ect to th penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
DATED: March 16, 2007
GOLDBECK FE McKEEVER
BY: Joseph A. 061&e6, Jr., Esq.
Attorney for Pl inti f
7 ?
07-719
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-825-6318
Attorney for Plaintiff
M&T BANK SB/M M&T MORTGAGE
CORPORATION
1 Fountain Plaza
Buffalo, NY 14203
IN THE COURT OF COMMON PLEAS
of Cumberland County
Plaintiff
CIVIL ACTION - LAW
vs.
KENNETH R. WALTERS
Mortgagor(s) and Record Owner(s)
Lot 30 Greenspring Road
Newville, PA 17241
ACTION OF MORTGAGE
FORECLOSURE
Defendant(s
Term
No. 07-719
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: WALTERS, KENNETH R.
KENNETH R WALTERS
Lot 30 Greenspring Road
Newville, PA 17241
Your house at Lot 30 Greenspring Road, Newville, PA 17241 is scheduled to be sold at Sheriffs
Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse
to enforce the court judgment of $201,087.62 obtained by M&T BANK SB/M M&T MORTGAGE
CORPORATION against you. '
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay to M&T BANK SB/M M&T MORTGAGE
CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out
how much you must pay call: 215-825-6329 or 1-866-413-2311
07-719
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if
the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
3. You may also 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 below 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 NOT TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid price by calling the Sheriff of 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 the Sheriff of 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 within thirty (30) days from the
date of the Sheriffs Sale. This schedule will state who will be receiving that 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 schedule of distribution is filed.
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.
LEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
• l
T
07-719
Resources available for Homeowners in Foreclosure
ACT NOW!
Even though your lender (and our client) has filed an Action of Mortgage
Foreclosure against you, you still may be able to SAVE YOUR HOME FROM
FORECLOSURE.
1). Call an attorney. For referrals to a qualified attorney call either of the
following numbers: 717-243-9400 or.
2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free
counseling.
3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the
Loss of Their Homes.
4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss
Mitigation or Home Retention options.
5). Call or contact our office to request the amount to bring the account current,
or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our
toll free number at 1-866-413-2311 or via email at homeretention(a goldbecklaw.com.
Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you
requested will be mailed to the address that you request or faxed if you leave a message
with that information. The attorney in charge of our firm's Homeowner Retention
Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418.
Please reference our Attorney File Number of MT-1134.
Para informacion en espanol puede communicarse con Loretta al 215-825-6344.
All that certain tract of land situate in North Newton Township, Cumberland County,
Pennsylvania, bounded and described in accordance with a Plan prepared by Rodney Lee
Decker, R.P.L.S., dated June 8, 1989 and recorded in the Office of the Recorder of Deeds
for Cumberland County in Plan Book 58, Page 109.
Beginning at a point in northern right of way line of PA Route 641, at corner of Lot No.
31 on said plan; thence along Lot No. 31 North 16 degrees 56 minutes 45 seconds East
567.53 feet to a point at Lot No. 31; thence along Lot No. 31 South 68 degrees 14
minutes 50 seconds East 152.42 feet to a point; thence along Lot No. 29 South 04 degrees
36 minutes 10 seconds West 527.92 feet to a point; thence along northern right of way of
PA Route 641 by a curve to the right having a radius of 1940.00 and are distance of
267.82 feet on a chord bearing of North 81 degrees 26 minutes 35 seconds West to a
point the place of beginning.
Containing 2.626 acres and designated as Lot 30 of North Newton Manor.
TAX PARCEL NO: 30-08-0597-049
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 07-719 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due M&T BANK SB/M M&T MORTGAGE, Plaintiff (s)
From KENNETH R. WALTERS
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(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 $201,087.62 L.L. $.50
Interest FROM 3/17/07 TO DATE OF SALE AT 6.7500%
Atty's Comm % Due Prothy $2.00
Atty Paid $183.96 Other Costs
Plaintiff Paid
Date: MARCH 22, 2007
CuAis R. Long,_Rxie(onbta
(Seal) By:
Deputy
REQUESTING PARTY:
Name JOSEPH A. GOLDBECK, JR., ESQUIRE
Address: SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106
Attorney for: PLAINTIFF
Telephone: 215-627-1322
Supreme Court ID No. 16132
Real Estate Sale # II
On April 16, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
North Newton Township, Cumberland County, PA
Known and numbered as Lot 30 Greenspring Road,
Newville, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: April 16, 2007 By:
D OLty
Real Estate Sergeant
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 13, July 20, and July 27, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
7'(4- /
isa arie Coyne, Ed' or
SWORN TO AND SUBSCRIBED before me this
27 day of July, 2007
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Nolory KdAc
CARLISLE BORO. CUMBERLAND COUNTY
MY Colon EVk« Apr 28, 2010
FINAL a ss"a¦o.II
Writ No. 2007-719 Civil
M & T Bank s/b/m
M & T Mortgage Corporation
vs.
Kenneth R. Walters
Atty.: Joseph Goldbeck
DESCRIPTION
All that certain tract of land
situate in North Newton Towndup,
Cumberland County, Pennsylva-
nia, bounded and described in ac-
cordance with a Plan prepared by
Rodney Lee Decker, R.P.L.S., dated
June 8, 1989 and recorded in the
Office of the Recorder of Deeds for
Cumberland County in Plan Book
58, Page 109.
Beginning at a point in northern
right of way line of PA Route 641, at
corner of Lot No. 31 on said plan;
thence along Lot No. 31 North 16
degrees 56 minutes 45 seconds East
567.53 feet to a point at Lot No. 31;
thence along Lot No. 31 South 68
degrees 14 minutes 50 seconds East
152.42 feet to a point; thence along
Lot No. 29 South 04 degrees 36 min-
utes 10 seconds West 527.92 feet to
a point; thence along northern right
of way of PA Route 641 by a curve to
the right having a radius of 1940.00
and arc distance of 267.82 feet on a
chord bearing of North 81 degrees 26
minutes 35 seconds West to a point
the place of beginning.
Containing 2.626 acres and des-
ignated as Lot 30 of North Newton
Manor.
TAX PARCEL NO: 30-08-0597-
049.
i, . rs ,a r) _. +: btA t' w t ft? y O? k s.iZ'J%A
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of July and the 1st
day(s) of August 2007. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
SALE #11 '
Sworn to and subscribed beft@*M) Otd, t f@bti] ? ?.D.
Notarial Seal
Terry L. Russel!, Nciaol Public
tity Of Harrisburg, Dauphin County
My Commission Expires JunG-", 20 s 0 `
MOMLI ,Bnrr4vlvphia age1)(`IAt?f+n of NO ARY PUBLIC
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013