HomeMy WebLinkAbout03-0585THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein / I.D. No. 53002
Kristen J. DiPaolo / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
MANUFACTURERS AND TRADERS
TRUST COMPANY, Trustee for
Securitization Series 1998-1, Agreement
dated 3-01-98, By and Through its Loan
Servicing Agent, Fairbanks Capital Corp.,
Plaintiff,
HARRY E. HELMAN, SR. and
LINDA L. HELMAN,
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 05- g ,S'
CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE NOTICIA
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST
THE CLAIMS SET FORTH IN THE FOLLOWING PAGES. YOU MUST TAKE
ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND
NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEy AND FILING [lq WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE
CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE
ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE
FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF YOU MAY LOSE
MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
I Courthouse Square
Carlisle, PA 17013
LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE
DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS
SIGU1ENTES. USTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA
DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA
APARiENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR
EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS
ENCONTRA DE SU PERSONA. SEA AVISADO QHE SI USTED NO SE
DEFIENDE. LA CORTE TOMARA MEDIDAS Y PUEDE ENTRa~R UNA
ORDEN CONTRA USTED SIN PREV10 AVISO O NOTIFICACION O POR
CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE
DEMANDA. USTED PUEDE PERDER DINERO. SUS PROPIEDADES O
OTROS DERECHOS IMPORTANTES PARA USTED
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR
TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRiTA ABA JO PARA
AVERIGUAR DONDE USTED PHEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Court Administrator
4th Floor
Cumberland County Cou~ House
I Courthouse Square
Carlisle, PA 17013
(717) 240-6200 (717) 240-6200
NOTICE REQUIRED UNDER THE FAIR
DEBT COLLECTION PRACTICES ACT,
15 U.S.C. § 1601 (AS AMENDED) AND
THE PENNSYLVANIA UNFAIR TRADE PRACTICES
ACT AND CONSUMER PROTECTION LAW,
73 PA. CON. STAT. ANN. § 201, ETSEQ. ("THE ACTS")
To the
1.
2.
o
o
extent the Acts may apply, please be advised of the following:
The amount of the original debt is stated in the Complaint attached hereto.
The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are
Creditors to whom the debt is owed.
The debt described in the Complaint attached hereto and evidenced by the copies of the
mortgage and note will be assumed to be valid by the Creditor's law firm, unless the
Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the
validity of the debt or some portion thereof.
If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the'
receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm
will obtain verification of the debt and a copy of the verification will be mailed to the Debtor
by the Creditor's law firm.
If the Creditor who is named as Plaintiff in the attached Complaint is not the original
Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within
thirty days from the receipt of this notice, the name and address of the original Creditor will
be mailed to the Debtor by the Creditor's law firm.
Written request should be addressed to:
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Attention: Kristen DiPaolo, Esquire
425 Commerce Drive, Suite I00
Fort Washington, PA 19034
THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE
1. (a) The Plaintiff, Manufacturers and Traders Trust Company, Trustee for
Securitization Series 1998-1, Agreement dated 3-01-98, is the holder of a mortgage as below
described.
(b) Fairbanks Capital Corp., is a Corporation having been organized under the
laws of the State of Utah and having its principal place of business at 338 South Warminster Road,
P.O. Box 1900, Hatboro, PA 19040.
(c) Fairbanks Capital Corp. is the loan servicing agent for Plaintiff, maintaining
the business records for the Plaintiff/Mortgagee in the ordinary course and scope of business.
2. (a) Defendant Harry E. Helman, Sr. is an individual whose last known address
is 7504 Molly Pitcher Highway, Shippensburg, PA 17257.
(b) Defendant Linda L. Helman is an individual whose last known address is 7504
Molly Pitcher Highway, Shippensburg, PA 17257.
(c) Defendant Harry E. Helman, Sr. holds an interest in the subject property as
both a Real Owner and Mortgagor.
(d) Defendant Linda L. Helman holds an interest in the subject property as both
a Real Owner and Mortgagor.
(e) If either of the above named Defendants is deceased, this action shall proceed
against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives
and/or executors through their estate whether the estate is probated.
3. (a) The residential mortgage being foreclosed upon is secured by property located
at 7504 Molly Pitcher Highway, Shippensburg, within the Township of Southampton, Cumberland
County, Pennsylvania.
(b) All documents evidencing the residential mortgage have been recorded in the
Recorder of Deeds' Office in Cumberland County, Pennsylvania.
(c) The Mortgage was executed on November 26, 1997 and was recorded on
December 4, 1997 in Mortgage Book 1170, at Page 69.
(d) The legal description for this parcel is attached and incorporated tis Exhibit
"A" (Mortgaged Premises).
(e) The herein named Plaintiffhas standing to bring the instant action by virtue
of Assignments of Mortgage, duly and publicly recorded as below:
Assignor: American Mortgage Company
Assignee: ContiMortgage Corporation
Recording Date: September 3, 1998
(Assignment) Book: 1395
At Page: 451
Assignor: ContiMortgage Corporation
Assignee: Manufacturers and Traders Trust Company, Trustee for Securitization
Series 1998-1, Agreement dated 3-01-98
Recording Date: As Recorded
(Assignment) Book: As Recorded
At Page: As Recorded
(f) By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and
1019(g), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies
of the above mentioned publicly recorded documents to this mortgage foreclosure action. These
documents are, however, appended hereto and incorporated herein by reference as Exhibit "B".
4. The mortgage is in default because the Defendants above named failed to timely
tender the monthly payment of $469.83 on October 1, 2002, and thereafter failed to make the
monthly payments.
5. As authorized under the mortgage instrument, the loan obligation has been
accelerated.
6. Plaintiff seeks entry of judgment in rem on the following sums:
(a) Principal balance of mortgage due and owing
(b)
Interest due and owing at the rate of 12.200%
calculated from the default date above stated
through February 15, 2003
Interest will continue to accrue at the per diem
rate of $14.73 through the date on which judgment
in rem is entered in Plaintiffs favor.
(c)
Late Charges due and owing under the Note
in accordance with the Mortgage Instrument
(d)
Escrow Advances made by Plaintiff on
behalf of Defendant mortgage account
(e)
Corporate Advances as a recoverable
expense under the mortgage terms
(f) Other fees allowed under the mortgage instrument
(g)
Court Costs and fees as recoverable
under the mortgage terms, estimated
(h)
Attorneys' Ibes
Calculated as 5% of the principal balance due,
in accordance with the mortgage terms
$44,054.90
2,454.38
164.43
353.00
3,723.00
1,115.37
300.00
2,202.80
TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $54,367.88
7. (a) The attomeys' fees set forth as recoverable at Paragraph 6(h) are in conformity
with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third-
party purchaser at a Sheriffs Sale only.
(b) If the mortgage arrears are to be reinstated or paid-offprior to the Sheriffs
Sale, Plaintiff's actual attorneys' fees (calculated at counsel's hourly rate) will be charged based upon
work actually performed.
8. (a)
($50,000.00) Dollars.
(b)
The original principal balance of the Mortgage is less than Fifty Thousand
Under ACT 6, 41 P.S. §101, et seq., PlaintiffMortgagee is obliged to serve
Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting
foreclosure proceedings. Plaintiff hereunder served said Notice upon the defaulting borrowers on
December 3, 2002.
et seq..
9. (a) The subject mortgage is governed by ACT 91 of 1983 35 P.S. § 1840.401 C,
(b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is obligated to serve the
Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance
Program", by regular mailing, prior to initiating foreclosure proceedings. Plaintiff hereunder served
said Notice upon the defaulting borrowers on December 3, 2002.
(c) Appended hereto and incorporated herein by reference as Exhibit "C" are
copies of the Notices required, having been sent on the date set forth on the Notice.
(d) The Defendants have failed to make a timely application for financial
assistance with the Pennsylvania Housing Finance Agency.
WHEREFORE, the Plaintiff, Manufacturers and Traders Trust Company, Trustee for
Securitization Series 1998-1, Agreement dated 3-01-98, By and Through its Loan Servicing Agent,
Fairbanks Capital Corp., respectfully requests:
-- Entry of judgment in rem against the Defendants above named in the total
amount of $54,367.88 as stated at Paragraph 6, plus all additional interest and
late charges accruing through date of judgment entry; and
-- Foreclosure and Sheriffs Sale of the subject mortgaged property.
Respectfully Submitted,
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
A. Fein, Esquire
Attorney for Plaintiff
Attorney I.D. No. 53002
DESCRIPTION
ALL THAT FOLLOWING described lot of ground situate, lying and being in Southampton Township,
County of Franklin, Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at an iron pin at a corner common to lands now or formerly of Margaret Johnson et al;
thence by lands now or formerly of John Grove, South 57 degrees 7 minutes East 289.5 feet to an iron
pin at a cherry tree; thence by lands now or formerly of Richard Kelly, South 46 degrees 15 minutes
West, 186.2 feet to an iron pin; thence by lands now or formerly of Margaret Johnson, North 50
degrees West, 300 feet to an iron pin at lands now or formerly of William K. Swartout and John Grove,
the place of beginning.
Tax Parcel #N-13q9
WHEN RECORDED MAIL TO:
'NORTH AMERICAN MORTGAGE COMPANY
P.O. BOX 808031
PETALLIMA, CA 94975-8031
DOC MANAGEMENT AU 054
Parcel Number:
Q02
[Space Above This Line For Re~e~ling Data]
MORTGAGE
5135154-850
THIS MORTGAGE ("Security Instrument"} is given on NOVEMBER 25, 1997
HARRY E HELMAN SR. AND, LINDA L HELMAN
· The mortgagor Js
("Borrower"). This Security instrument is given to NORTH AMER I CAN MORTGAGE COMPANY
whichisorganizedand exi~ingunderthelawsof DELAWARE , and whose
address is 3883 AIRWAY DRIVE, SANTA ROSA, CA 95403
("Lender"). Borrower owes Lender the principal sum of
FORTY FIVE THOusAND ANO 001100
Dollam (U.S. $ 48,000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security
Instrument ("Xote"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on
DECEMBER 01, 2012 . This Security Instrument secures to Lender: (a) the repayment of the debt
evidenced by thc Note. with interest, and all renewals, extensions and modifications of the Note; (b) the payment of :iii
other sums, with interest, advanced under paragraph 7 to protect the security of this Secority Instrument: and (c)
the performance of Horrower's covenants and agreements tinder this Security Instrument and the Note. For this
purpose. Borrower does hereby mortgage, grant and convey to Lender the following described property located in
CtJMBERLAND County, Pennsylvania:
THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE
EXHIBIT ANO IS MADE A PART HEREOF.
which has the address of 7504 MOLLY P I TCHER HWY, SH I PPENSBU. RG [Street, City].
Pennsylvania 17257 ("Property Address );
[Zip Code]
PEIgNSI~.VAN/A = Single Family - FI~IA/FHI.MC
~-SHlPAI (9~ m)
VMP MORTGAGE FORM~ * (~0)521-72~1
"',' ' ~' * ,.,,i.,,: ]1// '~' ,~
TOGETHER WITH all {~ ~l~ovements now or hereafter erect,~./o~l#ll~he property, and ail easements,
· appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered
by this Security Instrument. All of the foregoing is referred to in this Security instrument as the 'Property.'
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
]]~)rrower warrants and will defend generally the title t° the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for nsf/oas{ use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower ~nd Lender covenant and agree as follows:.
I. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due
thc principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall
pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ('Funds'} for.
(a) yearly taxes and assessments which may alton priority over this Security Instrument as a lien on the Property; (b)
yearly leasehold payments or ground rents on the Property, if any; (c) yeady hazard or property insurance premiums;
(d) yearly Hood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable
by l]orrower to Lender, in accordance with thc provisions of paragraph 8, in lieu of the payment of mortgage insurance
premiums. These items are called "Escrow Items.' Lender may, at any time, collect and hold Funds in an amount not
to exceed thc maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow
account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U,S.C.
Section.2601 et seq. ("RESPA'), unless another law that epplie~ to the Funds sets a lesser amount. If so Lender may,
at any time, collect and hold Funds in an amount not to exceed the esser amount. Lender may estimate the amount of
Funds due on the basis of current data and reasonable estimates of expenditures of future F~crow Items or otherwise in
accordance with applicable law.
The l:unds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to
pay the '-----------------E~row Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the
escrow account, or verifying the Escrow [terns, unless Lender pays Borrower interest on the Funds and applicable law
permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an
independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides
otherwise. Unles~ an agreement is made or applicable law requires interest to be paid, Lender shall not be required to
pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing
credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as
additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the exce~ Funds in accordance with the requirements of applicable law. If the amount of the Funds held
by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing,
and, in such case Borrower shall pay to Lender the amount neces~ry ~o make up the deficiency. Borrower shall make
up the deficiency in no more than twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Leeder shall promptly refund to Borrower
any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the
acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit
against the sums secured by this Security Instrument.
3. Application of Payments. Unle~ applicable law provides otherwise, all payments received by Lender under
paragraphs I and 2 shall be applied: first, to an}' prepayment charges due under the Note: second, :o amounts payable
under paragraph 2; third, to interest due; fourth, to principal due; and las:, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any.
Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower
shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of
amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish
to Lender receipts evidencing the payments.
Borrower sha~! promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in
good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion
operate to prevent the enforcement of the lien: or (c) secures from the holder of the lien an agreement satisfactory to
I.ender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject
to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
notice,lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within l0 days of the giving of
the Property ~nst~red against Io~by fire, hazards included within the term *extended coverage' and any other hazgrds,
.including floods or fitting, for which Lender requir~ insurance. This insorance shall be mail, rained in the amour{ts
and for the periods that Lender requires. The insurance carrier p?oviding the insurance shall be chosen by Borrower
sub~:t to Lender's approval-which shall not be unreasonably withheld, If Borrower fails to maintain coverage described
above, Lender may, at Lender's option, obtain coverage to protect Lender's fights in the Property in accordance with
paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to
Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the
insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrowe~ otherwise agree in writing, insurance proceeds shall be applied to restoration or repair
of the Property damaged, if the resto~'ation or repair is economically feasible and'Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If
Borrower abandons the Property, or does not attswer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claian, then Lender may collect the insurance p~oceeds. Leader may use the proceeds to repair or
restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will
begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any applica~on of proceeds t° principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments.
If under paragraph 21 the Property is acquired by Lender, Borrower's right to an~ insurance policies and procesds
resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by
this Se,:urity Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan ApplicatiOn;
Leaseholds. Borrower shall occupy, establish, and use the Prnpe~y as Borrower's principal residence within sixty days
after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which Consent shall
not be unreasonably ~vithheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower
shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property.
Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's
good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this
Security Instrument or Lender's security interest. Borrower may elite s~ch a default and reinsure, as provided in
paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith
determination, precludes forfeiture of the Borrower's interest in the I~roperty or other material impairment of the lien
crea~d by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during
the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to
provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not
limited to, repre~ntations concerning Borrower's occupancy of the Property as a principal residence. If this Security
Instrument is on a leasehold, Bo~-ower shall comply with all the provisions of the lease. If Borrower acquires fee title to
the Property, the les~hoid and the fee title shall not merge unl~s l.ender agrees to the merger in writing.
7. i~rolection of Lender?s Rightsin the Property. [f Borrower fails to perform the covenants and agreements
contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the
Property (such as a proceeding in bankruptc)-, probate, for condemnation or forfeiture or to enforce laws or
regulations}, then Lender may do and pay for whatever is necessary to p~otect the value of the Property and Lender's
rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this
Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs.
Although Lender may take action under this paragraph 7, Lender do~ not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and L~nder agree to other terms of payment, these amounts shall bear interest
from the date of disbursement at the Note rate and shall b~ payable, with interest, upon notice from Lender to Borrower
requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security instrument, Borrower shall pay the premiums required to maintain the mortgag~ insurance in effect. If, for any
reason, the mortgage insurance coverage required by Lender lapses or ceases to b~ in effect, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost
substantially equivalen~ to the cost to Borrower of the mortgage insurance previously in effect, from an alternate
mortgage insurer approved by Lender. If substantially ~quivalent mortgage insurance coverage is not available.
lh~rrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being
paid by l{orrower when the insurance coverage lapsed or ceased to be ~n effect. Lender will accept, use and retain thee
payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,
Form 3039 9190
. required to maintain mortgage insurance in eft'est, or to provide a I~ reserve, until the requirement for mortgage
insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or im agent may make reasonable entries upon and inspections of the Property. Lender shall
give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for deranges, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby
assigned and shall be Paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the
sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree
in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by
:he following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair
market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a
partiaI taking of the Property in which the fair market value of the Property immediately before the taking is tess than
the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing
or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security
Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or it', after notice by Lender to Borrower that the condemnor offers to
make an award or 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 proceeds, at its option, either to restoration or repair of the
Property or to the sums secured by this Security ln~rument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments ret'erred to in paragraphs I and 2 or change the amount of such
payments.
! I. Bor~.ower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in
interest. Lender shall not be required to commence proceedings against any succes~r in interest or 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 Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising
any right or remedy shall not be a waiver of or preclude thc exercise of any fight or remedy.
12. Successots and Assigns Bound: Joint and Several Liability; Co-signers. Thc covenants and agreements
of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs
this Security lnsu'ument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage.
grant and convey that Borrower's interest in the Property under the terms of this Security [nstrument: (b) is not
personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other
Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security
Instrument or the Note without that Borrower's consent,
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which ~ets maximum loan
charges, and that law is finally intei'preted so that the inter~t or otber loan charges collected or to be collected in
connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which
exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the
principal owed under the Note or by making a direct payment to Borrower. If a refund ~'~cluces principal, the reduction
will be treated as a partial prepayroent without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the
Property Addre~ or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by
first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any
notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given
as provided in this paragraph.
15. Governing Law; Seversbility. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which thc Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and
the Note are declared to be severable.
(~e~-GH(laA! r~4te2, Pow,. ,,, o~, e Form 3039 9/90
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
. interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of
ail sums secured by this Security Instrument. However, this oPtion shall not be exercised by Lender if exercise is
prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all Sums secured
by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke
any remedies ' ' ·
pertained by th:s Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the fight to have
enforcement of this Security instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period
as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in
this Security Instrument; or (b) entry of a judgment enforcing this Secufity Instrument. Those conditions are that
Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in
enforcing this '
Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as
Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and
Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement
by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration
had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity
(known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There
also may 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 chang~ in accordance with paragraph 14 above and applicable law.
The notice will state the name and address of the new Loan Servicer and the address to which payments should be made.
The notice will also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or l~rmit the presence, use, disposal, storage, or release of
any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,
use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be
appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or
regulatory authority, that any removal or other remedlation of any Hazardous Substance affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances
by Environmental Law and the following substances: gasoline, kerosene, other flammable or'toxic petroleum products,
toxic pesticides and herbicides, volatile solvents, materials containing a.sbestos or formaldehyde, and radioactive
materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the
Property is located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender Further covenant and agree as follows:
21. Acceleration; Remedies. L~nder shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or.agreement in this Security Instrument(but not prior to acceleration
under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other
things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d)
that failure to cure the default as specified may result in acceleration of the sums secured by this Security
Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform
Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the
non-existence of a default or any other defense of Borrower to acceleration and foreclosure, if the default is
not cured as specified, Lender, at its option, may require immediate payment in full of all sums secured by
this Security Instrument without further demand and may foreclose this Security Instrument by judicial
proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this
paragraph 21, including, but not limited to, attorneys' Fees and costs of title evidence to the extent permitted
by applicable law.
22. Relearns. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate
conveyed shall terminat~ and become void. After such occurrence, l.~nder shsll discharge and satisfy this Security
Instrument to Borrower. Borrower shall pay any ~cordation costs. Lender may charge Borrower a fee for relessing this
Security Instrument, but only if the fe~ is paid to a third party for services rendered and the charging of the F~e is
permitted under applicable law.
Fm'm 3033 3190
. proceedings to enforce this Security Instrument, and hereby waives the benefit of any present o~'~ture laws providing
~or stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior
to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
25. Purchase Money Mortgage. If any of the de~ secured by this Security Instrument is lent to Borrower to
acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the interest ram payable after a judgment is entered on
the Note or in &q action of mortgage foreclosure shall be the rate payable from time to time under the Note.
27. Riders to this Security Instrument. [f one or more riders are executed by Borrower and recorded together
with this Security Instrument, the eovensnts and agre~nents of each such rider shall be incorporated into and shall
amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a pert of this
Security Instrument. [Cheek applicable box(es)]
Adjustsble Rate Rider ~ Condominium Rider [] 1-4 Family Rider
Graduated Payment Rider ~ Planned Unit Development Rider ~ Biweekly Payment Rider
Balloon Rider ~ Rate Improvement Rider I I Second Home Rider
V.A. Rider L__.J Other(s) (specify]
BY SIGNING BELOW, Borrower accepts and agreex to the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
Witnesses:.
HARRY E flELMAN SR'. - ' -Borrower
D-A L HEL~ -Borrower
-Borrower -Borrower
Certificate of. Residence
ad' l, . ~J/~. ~. ~- /v~. ~ / ~ ~ ~ ~ , do h~by ~nify ~at th~ ~t
o~o~flewttbifl-~m~Mo~i8 3683 AIRWAY DRIVE, ~ANTA ROSA, CA 95403
Witn~ my hand this ~ ~
~yof ~'~-~ , /~ ~ , .
A~nt of
County ss:
before me, the undersigned
4~-6H(PA! (e4 101
known to me (or satisfactorily proven) to be
the person ,5 whose name,.~ subscribed to the within instrument and acknowledged that '~...j
executed the same for the purposes herein contained.
My Commission Expirem
Title of Officer
hrm 3039 9~90
Title No. ACFC 4529 CTI
5135154
BEGI:M%HG nt
go~rly or Hmrlarr~ Johnuoo.
or rorunr~y et ~rcare~
~ron pin mt ~i~l ~ or ~ur~rly or Vtlllu %. ~r~aut ~ John
Gro~. t~ piece o~
Fairbanks Capital Corp.
PO Box 551170
Jacksonville, FL 32255
Address Service Req-ested
555 cc013 FCBI20302
December 03, 2002
555 cc013 FCBI20302
HARRY HELMAN
L1NDA HELMAN
7504 MOLLY PITCHER HWY
SHIPPENSBURG PA 17257-9369
h"llh"h,hhhl,h,,Ihh,,,Ih,lh,hh,lh,,,h,lh. II
RE: Loan No. 2054382623
FROM: Fairbanks Capital Corp.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WItICH CAN SAVE YOU HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF
1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROI~
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURF, - Under the Act. you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days
fi.om the date of this notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or wit~ one of the
consumer credit counseling agencies listed at the end of this notice. ~ DAYS. IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BIL.rNG YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE
CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIE.e,. If yon meet with one of the consumer credit counseling agencies listed at thc end of this notice.
the lender may NOT take action against you tbr thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designa~i:~
~onsumar credit counseling ai~encics fbr the country in which'the property is located are set fbrth at the end of this notice. It is only necessary to schedule
one thee-to-th.ce meeting. Advise your lender immediately of your intentions.
.A. PPLICATION FOR MORTGAGE ASSISTANCE - Your mottgage is in det~ult fbr the reasons set tbrth lat,.nr in this notice. (See tbllowing pages
specific information about the nature of your dethult) If you have tried and are unable to resolve this problem with the lender, you have the right to apply
for financial assistance fi.om the Homeowner's Emergency Mortgage Assistance Program. To do so you must fill out, sign an~t file a completed
Homeowner's Emergency Assistance Program Appl cat on ,,~th one of thc designated consumer credtt counseling agencies hsted at the end of this notice.
Only consumer credit counseling agencies have applications fi'om the Homeowner's Emergency Mortgage Assistance Program. They will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. Your armlication MUST be filed or postmarked wilhin thirty (30) days of
your Ih. ce-to-face meeting.
YOU .MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TIlE OTIIER TIME
PERIODS SET FORTII IN TIIIS LETTER. FORECLOSURE MAY PROCEED AGAINST YOUR IIOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
~GENCY ACTION - Available fimds for emcrgoncy mortgage assistance me very limited. They will be disbursed by the Agen%, under thc eligibility
~xitcria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days t~ make a decision after it receives your application. D~ring
that time. no fbreclosure proceedings will ~e pursued against you if you have met the time requirement s set fbrth above. You will ~e notified directly by
the Pennsylvania llousing Finance Agenc5 of'its decision on your application.
[~N_O_T_E_[.' IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A
t'EIIIION IN BANKRUPTCY, THE FOLLOWING pZ.I~T
NOTICE IS FOR INFORMATION PURPOSES ONLY'~.~2,., . ."~' L
,N'..OT .BE C..O .N.SmERED AS AN ATTEMPT TO COLLECT
t ..... Il#Ye llleO b#l~Kruptc¥ YOU Call still apply for Emer,eilcy.o.,li ¢ !'""",,.,,,,,,,,,..,.,,,..,,,,,,.,.,,..,,,..,.,,,,
VERIFICATION
The undersigned, an officer of Fairbanks Capital Corp. the instant Plaintiff, or its servicing
agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts
set forth in the foregoing Complaint in Mortgage Foreclosure are taken frOm the records maintained
by persons supervised by the undersigned who maintain the business records of the Mortgage held by
Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the
knowledge, information and belief of the undersigned.
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: ~2~-t~-0 3
_N.~/ Jeff~3~ Stanley ~
T~tle : Foreclosure Specialist
Company: Fairbanks Capital Corp.
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
MANUFACTURERS AND TRADERS
TRUST COMPANY, Trustee for
Securitization Series 1998-1, Agreement
dated 3-01-98, By and Through its Loan
Servicing Agent, Fairbanks Capital Corp.
Plaintiff,
HARRY E. HELMAN, SR. and
LINDA L. HELMAN
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 03-585
PRAECIPE TO DISCONTINUE CIVIL ACTION
TO THE PROTHONOTARY:
Kindly mark the above referenced matter discontinued without prejudice to Plaintiff.
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
March 19, 2003
BY:
Barbara A. Fein, Esquire
Attorney for Plaintiff
Attorney I.D. No. 53002