HomeMy WebLinkAbout00-06001
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-06001 P t,.
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KELLEY DALE W
VS
ANDERSON TARA L
SGT. DAVID ZEIGLER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EQUITY
was served upon
ANDERSON TARA L
the
DEFENDANT
, at 0009:37 HOURS, on the 31st day of August
, 2000
at CUMBERLAND CO. SHERIFFS' DEPT 1 COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
TARA L. ANDERSON
a true and attested copy of COMPLAINT - EQUITY
together with
NOTICE OF PENDENCY OF PARTITION PROCEEDINGS
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
.00
.00
10.00
.00
28.00
So Answers:
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R. Thomas Kline
Sworn and Subscribed to before
me this 7 g;., day of
lfK~,WrrfJ A.D.
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Prothonotary .
08/31/2000
O'BR':: ;a;~
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DALE W. KELLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO.
~.2000 -ua::;;;
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TARA L. ANDERSON
Defendant
CIVIL ACTION - EQUITY
NOTICE OF PENDENCY
OF PARTITION PROCEEDINGS
TO: Tara Anderson
347 Bradley Lane
Shippensburg, Pennsylvania 17257
Notice is hereby given that an action has been commenced in the above-entitled court,
which action is numbered and entitled as set forth in the heading hereof, on the complaint of the
above-named plaintiff against the above-named defendant, for the purpose of obtaining a partition
of the premises therein described among the owners thereof, or, in the alternative, for a sale
thereof under the direction of the court, and a division of the proceeds of such sale among such
owners, according to their respective rights. Said premises are situate in the County of
Cumberland, Commonwealth of Pennsylvania, and are more particularly described as follows:
ALL THAT CERTAIN tract ofland situate, lying and being in West Pennsboro
Township, Cumberland County, Pennsylvania, being more fully bounded and described as
follows, to wit:
BEGINNING at a point in or near the center of Crossroad School Road (T -483);
thence leaving said roadway and extending along Lot NO.3 of the hereinafter
referred to subdivision plan the following courses and distances: 1) North 46
degrees 54 minutes 42 seconds East, a distance of 180.099 feet to a point; 2)
North 59 degrees 19 minutes 37 seconds West, a distance ofl76.423 feet to a
point; 3) North 75 degrees 51 minutes 44 seconds East, a distance of245.227 feet
to a point at Lot No.5; thence along Lot No.5, South 43 degrees 21 minutes 17
seconds East, a distance of 131.942 feet to a point at Lot No.1; thence along Lot
No.1, South 55 degrees 23 minutes 03 seconds West, a distance of 465.675 feet
to a point in Crossroad School Road (T -483); thence along the aforementioned
roadway the following courses and distances: 1) North 52 degrees 54 minutes 43
seconds West, a distance of 126.877 feet to a point; 2) North 53 degrees 28
minutes29 seconds West, a distance of74.671 feet to the point and place of
BEGINNING.
:1
II
CONI AINING a gross area of 2.150 acres and a net area of 2.013 acres and being
designated as Lot No.2 on a Final Subdivision Plan of Mandy Meadows, prepared
by Shelly & Witter, P.L.S.,. Said Plan is recorded in the Cumberland County
""onl~', Offire;, P1m Book 79, ~ P"", 44~p ! a '
David A. Baric, Esquire
Dated: f /1./1 ( ro
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DALE W. KELLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO.
CIVIL 2000 - (, bol
TARA L. ANDERSON
Defendant
CIVIL ACTION - EQUITY
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by an attorney and filing in writing with the
court, your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so, the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
II
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DALE W. KELLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
CIVIL 2000 . (,{nJ J
TARA L. ANDERSON
Defendant
CIVIL ACTION - EQUITY
COMPLAINT IN PARTITION
AND NOW comes the Plaintiff, Dale Kelley, by and through his attorney, O'BRIEN,
BARIC & SCHERER and avers as follows:
1) Plaintiff is Dale Kelley, an adult individual residing at 467 Crossroad School Road,
Carlisle, Cumberland County, Pennsylvania.
2) Defendant is Tara L. Anderson, an adult individual residing at 347 Bradley Lane,
Shippensburg, Franklin County, Pennsylvania.
3) On June 27,1999, Plaintiff and Defendant purchased real property located at
467 Crossroad School Road, Carlisle, Pennsylvania. A copy of the Deed is attached hereto,
marked as Exhibit A, and incorporated by reference. The real property is improved with a single
family bi-level type residential dwelling.
4) On June 28, 1999, Plaintiff and Defendant entered into a mortgage with
Countrywide Home Loans, Inc., whereby the property as described herein above was used as
security for same. A copy of the Mortgage is attached hereto, marked as Exhibit B, and
incorporated by reference.
5) The property at issue is described as follows:
ALL THAT CERTAIN tract ofland situate, lying and being in West Pennsboro
Township, Cumberland County, Pennsylvania, being more fully bounded and
described as follows, to wit:
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BEGINNING at a point in or near the center of Crossroad School Road (T -483);
thence leaving said roadway and extending along Lot No.3 of the hereinafter
referred to subdivision plan the following courses and distances: 1) North 46
degrees 54 minutes 42 seconds East, a distance of 180.099 feet to a point; 2)
North 59 degrees 19 minutes 37 seconds West, a distance ofl76.423 feet to a
point; 3) North 75 degrees 51 minutes 44 seconds East, a distance of245.227 feet
to a point at Lot No.5; thence along Lot No.5, South 43 degrees 21 minutes 17
seconds East, a distance of 131.942 feet to a point at Lot No.1; thence along Lot
No, 1, South 55 degrees 23 minutes 03 seconds West, a distance of 465.675 feet
to a point in Crossroad School Road (T -483); thence along the aforementioned
roadway the following courses and distances: 1) North 52 degrees 54 minutes 43
seconds West, a distance of 126.877 feet to a point; 2) North 53 degrees 28
minutes 29 seconds West, a distance of74.671 feet to the point and place of
BEGINNING.
CONTAINING a gross area of2.150 acres and a net area of2.013 acres and being
designated as Lot NO.2 on a Final Subdivision Plan of Mandy Meadows, prepared
by Shelly & Witter, P.L.S.,. Said Plan is recorded in the Cumberland County
Recorder's Office in Plan Book 79, at Page 44.
6) The nature and extent of the interest held by each party are as follows:
A. Dale W. Kelley - joint tenant with right of survivorship; and,
B. Tara L. Anderson - joint tenant with right of survivorship.
7) The parties owned real property located at 7577 Roxbury Road, Shippensburg,
Pennsylvania, prior to the purchase of the property at issue herein, and upon the sale of same,
used the proceeds towards the purchase of the property at issue.
8) Plaintiff paid most of the expenses for the property, including, but not limited to
the montWy mortgage payments from June, 1999 through February, 2000. Beginning March,
2000 to the present Plaintiff has made all of the payments for the property including but not
limited to the montWy mortgage payment.
9) Defendant moved out of the property on in March, 2000. Plaintiff remains in
possession of the property at this time.
WHEREFORE, Plaintiff asks this Honorable Court order partition of the property, with
further adjudication under the Pa.R.C.P. 91551 et. sea.
dab.dirlIitigationlkelIey/complaint.pld
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Respectfully submitted,
O'BRIEN, BARIC & SC
~tJ If
David A. Baric, Esquire
J.D. # 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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VERIFICATION
I verifY that the statements made in the foregoing Complaint in Partition are true and
correct to the best ofmv knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to
authorities.
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DALE W. KELLEY q
Dated:
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POJlJ at:
TAX PARCEL NO.: %-OCf-OS:J/-
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'99 JUN 30 Rrl 11 29
DRRD
This Indenture, Made the 27 day of J Wu..
One Thousand Nine Hundred and Ninety-nine (1999)
, in the year of
Between: HARRY H. FOX JR., and ANN G. FOX, his wife, ofDillsburg. PA
(hereinafter called the Grantor(s), of the one part,
and
TARA L. ANDERSON, SINGLE PERSON AND DALE W. KELLEY,
SINGLE PERSON, As Joint Tenants With Rights of Survivorship, of
Shippensburg, Pennsylvania
(hereinafter called the Grantee(s), of the
second part,
WITNESSETH, that the said Grantor(s), for and in consideration of the sum of
Thirty Three Thousand Nine Hundred ($33,900.00) Dollars, lawful money of the
United States of America, unto them well and truly paid by the Grantee(s), at or
before the sealing and delivery hereof, the receipt whereofis hereby
acknowledged, have granted, bargained and sold, released and confirmed, and by
these presents, grant, bargain and sell, release and confirm unto the said
Grantee(s), their heirs and assigns:
ALL THAT CERTAIN tract ofland situate in.West Pennsboro Township,
Cumberland County, Pennsylvania, more specifically set forth in Exhibit "AU
attached hereto.
tioo~ 202 PACE 821
EXHIBIT 'A .
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AND the said grantor/grantors do hereby SPECIALLY WARRANT the
property hereby conveyed.
IN WITNESS WHEREOF, I1We set our hands and seals the day and year first above
written.
Sealed alld Delivered
ill the presence of: / . /
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H RRYH.FO ,JR.
(;k; r2fill'- (SEAL)
ANN G. FOX
BOO~ 202 r~GE 822
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RXHTBTT "A"
ALL THAT CERTAIN tract ofland situate, lying and being in West Pennsbora Township,
Cumberland County, Pennsylvania, being more fully bounded and described as follows, to wit:
BEGINNING at a point in or near the center of Crossroad School Road (T-48'3); thence leaving
said roadway and extending along Lot No, 3 ofthe hereinafter referred to subdivision plan the
following courses and distances: I) North 46 degrees 54 minutes 42 seconds East, a distance of
180.099 feet to a point; 2) North 59 degrees 19 minutes 37 seconds West, a distance of76.423
feet to a point; 3) North 75 degrees 51 minutes 44 seconds East, a distance of245.227 feet to a
point at Lot No.5; thence along Lot No, 5, South 43 degrees 21 minutes 17 seconds East, a
distance ofl3L942 feet to a point at Lot No. I: thence along Lot No. I Soulh 55 degrees 23
minutes 03 seconds West, a distance of 465.675 feet to a point in Crossroad School Road (T-
483): thence along the aforementioned roadway the following courses and distances: I) North 52
degrees 54 minutes 43 seconds West, a distance of 126,877 feet to a point; 2) North 53 degrees
28 minutes 29 seconds West, a distance of74.671 feet to the point and Place of BEGINNING.
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CONTAINING a gross area of2.150 acres and a net area of2.013 acres and being designated as
Lot No.2 on a Final Subdivision Plan of Mandy Meadows, prepared by Shelly & Witter,
Professional Land Surveyors, Said Plan is recorded in the Cumberland County Recorder's
OfJice in Plan Book 79, at Page 44,
UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, easements, rights-of-way,
conditions and/or set-back lines of record and to the fol!owing deed restrictions which shal! be
deemed to run with the land.
L There shal! be pennitted no accumulation of debris, junk or unlicensed vehicles,
unless garaged.
2. There shall be no unenclosed dumping or stockpiling of any nature; however, stacking
of firewood for personal use shall be pennitled.
3, All single stol)' residential structures must have a minimum of 1200 square feet of
finished living area. AI! Bi-Level, Cape Cod or other 1.5 story residential structures must have a
minimum of 1500 square feet of finished living area. AI! two-story residential structures must
have a minimum of 1800 square feet of finished living area. Minimum square footage may be
waived by Developer, or his assigns, if in their opinion the dwelling is ofthe type that will, by
certain architectural characteristics, enhance the general neighborhood, irrespective of the
amount of gross square footage.
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4. There shall be pennitled no commercial dQg breeding or boarding operation
establishments. There shal! be pennitled no outside'dog enclosures larger than that sized for 2
dogs, an<;l no more than 2 dogs may be pennitled outside of any residential structure.
S. Ther~ shall be pemlitted no commercial raising of fowl, livestock, or hogs on the
BOOK 202 rACE 823
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property. Horses shan be permitted so long as the maintenance ofhorscs is in accordance with
any local ordinances. ' .
6. All household pets shall be kept under control at all times.
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7. There shall be no commercial activities related to the care, breeding, keeping, raising,
or selling of fowl, livestock, dogs, or swine on the property.
8. In any disputes, disagreements, interpretations or definitions ofthese provisions, the
Developer shall have the right to make final binding decisions.
BEING PART OF the same premises which Donald 1. Myers and Tammy L. Myers, his wife, by
their deed dated October 12,1998, and recorded in Cumberland County records in Deed Book
187 at Page 79, granted and conveyed unto Harry H. Fox, Jr. who is joined by his wife Ann G.
Fox, the Grantors herein. Ann G. Foxjoins in this conveyance to convey any rights she may
have in said premises through her marriage to Harry H. Fox, Jr.
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BO'OK. 202 rAtE 824
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'89 .!UN 30 Af'lll 29
WHEN RECORDED MAIL TO:
COUNTRYWiDE HOME LOANS, INC.
MSN SV-791 DOCUMENT CONTROL DEPT.
P.O. BOX 10266
VAN NUYS, CALIFORNIA 91410.0266
LOAN #: 7823500
SPACE ABOVE FOR RECORDERS USE
Prepared by: G. LATIN
ESCROW/CLOSING #:
MORTGAGE
THIS MORTGAGE ("Security Inslrument") is given on June 28, 1999
TARA L ANDERSON. AND DALE W KELLEY. HUSBAND AND WIFE
. The mortgagor is
("Borrower"). This Security Instrument is given to
COUNTRYWIDE HOME LOANS, INC.
which is organized and existing under the laws of NEW YORK . and whose address is
4500 PARK GRANADA, CALABASAS, CA 91302.1613
("Lender"), Borrower owes Lender the principal sum of
ONE HUNDRED THIRTY ONE THOUSAND SEVEN HUNDRED SIXTY FIVE and 00/100
Dollars (U.S, $ 131. 765.00 ). This debt is evidenced by Borrower's note dated Ihe same date as Ihis Security
Ins<rument ("Note"), which provides for monlhly paymenlS, with Ihe full debt, if not paid earlier, due and payable on
January 1; 2030 . This Security Ins<rumenl secures to Lender: (a) Ihe repayment of Ihe debl evidenced by Ihe
Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest,
advanced under paragraph 7 to prolect the security of this Security InstrumenL; and (c) the performance of Borrower's covenants
and agreements under this Security Instrument and lhe Note. For this purpose, Borrower does hereby mortgage. grant and convey
10 Lender tlle following described property located in CUMBERLANO County. Pennsylvania:
SEE EXHIBIT 'A' ATTACHED HERETO ANO MADE A PART HEREOF.
.'
PENNSVLVANIA - Single Famlly.- Fennle Mae/Freddie Mac UNIFORM INSTRUMENT
em .SH(PA) (9410).Ol . CHL (10/97) VMP MORTGAGE FORMS -1800j521.7291
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Page 1 olG
Form ~~ ~~o
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. 0 0 7 8 2 3 5 0 0 0, 0 0 0 0 K T 2 A 0 .
BDod55.3 PAGE .944
EXHIBIT B
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LOAN II: 7823500
which has the address of LOT 2 MANDY MEAOOWS ,CARLI S LE
/Slrecl,Cilyj
Pennsylvania 17013 - ("Property Address");
(Zip Code)
TOGETHER WITH aU the improvemcnts now or hereafter crected on the properlY, and aU easemenlS, appurtenances, and
fbuures now or hereafter a part of the propeny. AU replacements and additions shall also be covered by this Secwily Instrument
A1J of the foregoing is referred to in (his Security Instrument as lhe "Propeny."
BORROWER COVENANTS that Borrower is lawfully seised of the eslate hereby conveyed and has the right to mongage,
grant and convey the Property and that the Properly is unencumbered, except for encumbrances of record. Borrower warrants and
wiU defend gt;neralJy the title to the Property against aU claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT cambines uniform cavenants far national use and nan~uniforrn COvenants with limited
variations by jurisdiction to constiLUte a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promplly pay when due the
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. Subjecl 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, untillhe Note is paid in full, a sum ("Funds") for: (a) yearly taxes
and assessments which may atJain priority over this Security Instrument as alien on the Properly; (b) yearly leasehold payments
or ground renls on the Property, if any; (c) yearly hazard or properlY insurance premiums; (d) yearly flood insurance premiums, if
any; (el yeariy morlgage iosuranee premiums, if any; and (f) any sums payable by Borrower 10 Lender, in accordance with the
provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called lIEscrow Items."
Lender may, at any lime, colIecllPld hold Funds in an amount not 10 exceed the maximum amount a lender for a federally related
mortg-''''ge Joan may require for Borrower's escrow account under !he federal Real Estate SewemenL Procedures Act of 1974 as
amended from time to time, 12 U.S.C. Section 2601 ., seq. ("RESPA"), unless anoUler law Ihalapplies to the Funds sets a lesser
amount. If so, Lender may, at any time, collect and hold Funds in an amounl nOlle exceed the lesser amount Lender may
estimate the amount of Punds due on lhe 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 (including
Lender, jf Lender is such an insulution) or in any FederaJ Home Loan Bank, Lender shall apply the Funds to pay the Escrow
Itenis. Lender may not charge Borrower for holding and ~pplying the Funds, annually analyzing the escrow account, or verifying
the Escrow Hems, unless Lender pays Borrower interest on the Funds and applicable law permits Lender u> 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. Unless 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 me Funds, showing credits and debits [0 the Funds and the purpose {or which each debit [0 the Funds was
made. The Funds are pledged as additional security for all sums secured by this Security InstrumenL
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account 10 Borrower for
the excess 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 lhe amount necessary to make up the deficiency. Borrower shaH make up the deficiency in no more than twelve
mombJy payments. at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds
held by Lender. If, under paragraph 21, Lender shaH acquire or sell the Property, Lender, prior to the acquisition or sale of the
Properly, shall apply any Funds held by Lender at the time of acquisition or sale as a credit againsllhe sums secured by this
Security lnsttumenl,
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs
I and 2 shali be applied: fIrst, to any prepayment charges due under the NOle; second, to amounts payahle under paragraph 2;
third, to interest due; fourth, to principal due; and lasl, 10 any late charges due under the No~.
4. Charges; Liens. Borrower shaJJ pay aU taxes, assessments, charges, fines and impositi~ns altributable to the Propeny
which may atJain priority over this SecurilY Instrumenl, and le....e~old payments or ground rents, if any. Borro,,!er shall pay these
obligations in (/te manner provided in paragraph 2, or if not paid In that manner, Borrower shall pay them on lime directly to the
person owcd paymeot.Borrower shali promplly furnish to Lender ,,!I notices of amo~nts tq be ~aid under this paragraph. If
Borrower makes these payments directly, Borrower shall promptly furnIsh to Lender recelprs cYJdencmg lhe paymenlS. 0
Form 3~ 9/90
G .SH(PAI (94101.01 CHL(10/S7} Page20lS JnlJYJs;~
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Bood553 fACE .945
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LOAN II: 7823500
Borrowcr shnH promptly discharge ;lllY Iicn which has priority over this Security Instillment unless Borrower: (a) :Jgrccs in
writing to Ihe 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 thc lien in, legal proceedings which in the Lender's opinion operate to prevellt the
enforcemclH of the lien; or (c) secures from the holLler of the lien an agreemelJt slltisf<lctory to Lender subordinating tile lien to
this Securily lmllrumenl. If Lender determines thaI any purt of Ihe Property is subject to a lien which may auain priority over this
Security InslrUment, Lender may give Borrower a notice identifying the lien. Borrower shaff sutisfy Ole Hen or take Olle or more
of the actions set forth above within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against Joss by fire, hazards included within the lenn "extended coverage" and any other hazards, inclUding Doods or
flooding, for which Lender requires insuruncc. This insurance shall be maintnined in the 8mounlS and for the periods that Lender
requires. The insurance carrier providing dte insurance shaH be chosen by Borrower subject (0 Lender's approval which shall no(
be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain
coverage to protect Lender's rights 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 sbalJ
have the right to hold, the policies and renewals. If Lender require..~, Borrower shall promptly give to Lender aU rcceiplS of paid
premiums and renewal notices. In the event of Joss, 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 Borrower oLherwise agree in writing, insurance proceeds shall be applied to rcstoration or repair -of the
Propeny damaged. if the restoration or repair is economically feasible and Lender's security is not lessened. If lhe restoration or
repair is not economically feasible or Lemler's security would be lessened, the ins\lnmcc proceeds shall be applied to the sums
secured by lhis Security Instrument. whether or not (hen due, with any excess paid to Borrower. If Borrower abandons lhe
Property, or docs not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then
Lender may collect the insurance proceeds. Lender may use tile proceeds to repair or reslore the Property or lo pay sums secured
by this Security InslJ1Jment, 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 application of proceeds to principal shall not extend or postpone
the due date of tile monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to lhe
Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately
prior 10 the acquisition.
6. Occupancy, Preservation, Mailltem\ncc and Protectiun ur the Propertyj Borrower's Loan Applicationj Leaseholds.
Borrower shaH occupy, establish, and use the Property 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 otllerwise agrees in writing, which consent shall not be unreasonably- withheld, or unless
exlenuaung cucumSLances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property,
allow the Property to deteriorate, or commit wasle on the Property. Borrower shall be in defauII 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 cure sQch a
default and reinSlate, as provided in paragraph 18. by causing the action or proceeding to be dismissed with a ruling that, in
Lender's good faith detenninalion, precludes forfeiture of the Borrower's interest in the Property or other material impainnent of
the lien created 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 widt
any material information) in connection with the loan evidenced by the NOle, including, but not limited to, representations
concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower
shall comply w11h all the provisions of the lease. If Borrower acquires fee title to Ole Property, the leasehold and the fee title shall
not merge unless Lender agrees to the merger in writing.
7. Protection of Lerfder's Rights in tile Property, If 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 bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay
for whatever is necessary to prolec! the value of the Property and Lender's rigblS 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
anomeys' fees and enlering on the Property 10 make repairs. Although Lender may take action under this paragraph 7, Lender
does not have to do so.
G-6H{PA) 19410),01
'"
CHL (10/97)
Page3016
Form 31t ~O
Initials:
I)\."K
Bood553 rAGE .9 t.j 10
"Hi~
,-~
,c,
~ . ',' J . ~"il~
.
LOAN II: 7823500
Any amounls disbursed by Lender under Ibis paragraph 7 shall bet.:ome additional debt of Borrower secured by Ibis Security
InsLrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from tlle date of
disbursement at the Note rate and shall be payable, with intercst, upon nptice from Lender to Borrower requesting payment
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secw-ed by this Security
Insttumen~, Borrower shall pay ~e premiums required to maintain the, mortgage insurance in effect. If, for any reason, the
mortgage msurance coverage requIred by Lender lapses or ceases to be In effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If
substantially equivalent mortgage insurance coverage is not available,':Sorrower shall pay to Lender each month a sum equal to
one.twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to
be in effect. Lender will accept. use and relain these payments as a :Ioss reserve in lieu of mortgage1insurance. Loss reserve
payments may no longer be required, Ullhc option of Lender. if mortgage insurance coverage (in the amount and for lhe period
that Lender requires) provided by an insurer approved by Lender again 'becomes available and is obtained. Borrower shall pay the
premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage
insurance ends in accordance wilh any wriucn agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or ils agent may make reasonable enlCies' 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 damages, direct or consequential, in connection with any
condemnation or olber laking 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 ~le taking is equal to or grcater than the amount of the sums secured by this
Securhy InsLrument immediulely before lhe laking, unless Borrower and Lender o~lerwise agree in writing, the sums secured by
this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following f('"ction: (a) the total amounl
of the sums secured immediately before the laking, divided by (b) the fair markel value of Lhe Property immedialely before the
taking. Any balance shall be paid to Borrower. In the event of a partial laking of the Property in which Ibe fair market value of
the Property immediately before the taking is less than Lhe amount of tllC sums secured immediately before the taking, unless
Borrower and Lender otherwise agree in writing or unless applicable law olherwise provides, the proceeds shall be applied to the
sums secured by this Security Instrument whether or not the sums are then due.
If 1l1e Property is abandoned by Borrower, or if, after notice by Lender to Borrower Lhat the condemnor offers to make an
award or settle a claim for damagcs, Borrower fails to respond to Lender wiLhin 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 Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any applicalion of proceeds to principal shall not extend or postpone
the due date of the monll1Jy payments referred to in paragraphs 1 and 2 or changc the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Wai"er. Extension of the time for payment or modificalian
of amortization of the sums secured by this SecurIty Instrument granted by Lender to any successor in inlerest of Borrower shall
not operate to release the liability of the original Borrower or Borrower's successors in inlerest Lender shalJ not be required to
commence proceedings against any successor in interest or refuse to extend time for payment or oLherwise modify amortization of
the sums secured by this Security Instrument by reason of any demand'made by lhe 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 the exercise of any
right or remedy.
12. Successors and Assigns Bound; Joint and Several Liabillt)'; Co~signers. The covenanlS and agreemenls of this
Security InSlIumem shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenanlS and agreements shall be joint and several. Any Borrower who co~signs this Security
Instrument but does not execute the Note: (a) is co-signing this SecurilY Instrument only to mortgage, grant and convey that
Borrower's interest in the Property under the terms of this SecurilY Instrument; (b) is not personally obligated to pay the sums
secured by this Security InSLTument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or
make any accommodations wilh regard to the terms of this SecuriLY Instrument or the Note without that Borrower's consem.
13. Loan Charges. If the loan secured by this Security Instrument is subjcctlO a law which s~ts maxim~m lo~ chargcs,
and that law is finally interpreted so Ibat the interest or other loan charges collected or to be collected m connecUon wILh the loan
exceed the permitted limits then: <a) any such loan charge shail be reduced by the amounl necessary to reduce the charge to the
permilted limit; and (b) an'; sums already collected f~om Borro,!,e~ which exceeded permitted IimilS will ~e refun~ed 10 Borrower.
Lender may choose to make III is refund by reducmg the prmclpal owed under the Note or by maku:Jg a dlfect payment to
Borrower. If a refund reduces principal, Lhe reduction will be treated as a partial prepaymeOl without any prepaymeOl charge
~crtheNo~ ... 'lin'
14. Notices. Any notice 10 Borrower provided for in this Security Instrumen,l shall be giv~n by deltvermg It or by mat g It
by first class mail unless applicable law requir~s use of anolller meth?d. The HOUCC shall be ~rrected t? the Proper~y Address ~r
any other address Borrower designales by nouce to Le!1dcr. Any nOli;ce to Lcnder shall be glv~n by flr~t class ~ad '? Lende! s
addrcss sUllcd herein or any olller address Lender deslgnales by nouce La ~olTower. A!1Y n~uce, proVided for III thiS SecurIty
Instrumenl shall be deemed to have been given to Borrower or Lender when gIven as proVided 10 Ilus paragraph.
cD .6H(PA) (9410).01
o
CHL (10197)
PaulO 4 01 IS
Form 3039 9190
lOilials:.~
\)w'L
Bood553 PAGE .947
~
LOAN II: 7823500
15. Gll\'crning Lawj Severability. This Security Instrument shall be governed by [cllem' law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or lhe Note
conllicl~ with applicahle law, such conflict slndl nOl affect ml1cr provisions of this Security Instrument or Ihe Note which can be
given em'Cl without the conflicting provision. To this end the provisions of this Sccurhy Instrument and the Note nrc dcclllrcd 10
be severable.
16. Burrower's Cupy. Borrower shalf be ~ivcll Olle conformed COllY of the NOle ilnd of this Security Instrument.
17. Transfer of the Property or a lJenelicJ:d Interest;1I Uorrower. If all or any part of the Pro(rerty or allY jll(crCSl in it is
sold or transferred (or if a beneficial interest in Borrower is sold or b'ansferred and Borrower is not a natural person) wilbout
Lender's prior written consent, Lender may. at its option, require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by (ederallaw as of the date of this
Security Instrument
1 f Lemler exercises this option. Lender shall giye Borrower noLke of acceleration. 11le notice shall provide a period of om less
than 30 days from the dale lhe notice is delivered or mailed within which Borrower mUlll pay all sums secured by this Securily
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted
by this Securily InslnIment wilhout further notice or demand on Borrower.
18. lJarrower's Rigbt tu Reinstate. If Borrower meets certain condiuons, Borrower shall have lhe right to have
enforcement of this Securily Instrument discontinued al any time prior to the earlier of: (a) 5 days (or such other period as
applicahle law may sp~ify for rcinsullemenl) before sale of the Property pursuantlo any power or sale contained in this Sccurity
Instrument; or (b) entty of a judgment enrorcing this Security Instrument. TIlose conditions are that Borrower: (a) pays Lender all
sums which then would be due under lhis Security Insuument and the Note as jf no acceleration had occurred; (b) CUTCS any
defaull of any other covenanlS or agreemenL<;; (c) pays ull 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 lhat the lien of this
Securily Instrument, Lender's rightc; in the Property and Borrower's obligl.ltion to pay the sums secured by this Security
Instrument slwll continllc unchanged. Upml rcillsl1ltCJIIClll hy Borrower. this Security In$lnllllcm i.lIIt! Ihe obligations .~cllrcd
hereby shall remain fully effective as if no acceleration had occurred. Howeyer, this right lo reinSlaLc shall not apply inlhe case of
acceleration under paragraph 17.
19. SlIlc (If Notej Chunge uf Lmm Servicer. TIle Nole or a panial interest ill the Note (together wilh Lhis Security
Instrument) may be sold one or Inore urnes without prior noLice to Borrower. A sale may resuJt in a change in the entity (known
as the "Loan Servicer") Lhat collects monthly paymenLCi due under the Note and this Security Instrument There also may be one or
morc changes of the Loan Servicer unrelalcd to a salc'or lhe NOle. 1f there is a change of lhe Loan Servicer, Borrower will be
given written notiee of the change in accordance with paragraph 14 above and nppfieable law. The nolice will slate the lIame and
address of the new Loan Servicer and the address to which paymenrs should be made. TIle notice will also contain any olher
information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or pcr!TIit the presence, Use. disposal, storage. or release of any
.Ha7.ardous 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 ~)at are generaJly recognized to be appropriate to normal residential uses
and to maintenance of Lhe Property.
Borrower shall promp~y give Lender writlen notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or pnvale party involving the Property and any Hazardous Substance or Environmental Law
of which Borrower has actual knowledge. If Borrower learns. or is notified by any governmental or regulatory authority. that any
removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance wiLh Environrnenlal Law. .
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the foHowing substances: gasoline, kerosene, otber flammable or toxic petroleum producls, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde. 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, safely or environmental protection.
NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as fallows:
21. Acceleralion; Remedies. Lender shall give nolice 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 Ilorrower of, among olher things: (a) the default; (b) the aetion
required to cure the default; (c) when the default must be curedj and (d) that failure to cure the default as specified may
result in acceleration of the sums seclired by this Security Instrument, foreclosure by judiCial proceeding and sale of the
Property. Lender shalll further inform Borrower of the right to reinstate after aeceleratinn and the right to assert in the
foreclosure proceeding the nonwexistence 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 aU sums secured by
this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.
Lender shaJl be entitled to coUed 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.
& -6H(PA) (9410),01
@
CHL (10/97)
PagllSo16
Form 3039 9/90
'nlllaI5:~~
D'.,.1\1..
.Bood553rAGE .948
"
~ ,~
"~'-~= '.~'"
LOAN II: 7823500
22. Release. Upon payment of all sums secured by lhis Security Instrument. !.his Security InstrumcnL and the estaLe
conveyed shaH terminate and become void.. After such occurrence, Lender shall discharge and satisfy this Security InslIumcnllo
Borrower. Borrower shall pay any recordation cosLS. Lender may charge Borrower a fee for releasing this Security InsU'ument but
only if U,e fee is paid tll a third party for services renderell and U,e charging of the fee is pcrmiUell under applicable law. .
23. Waivers. Borrower, to the extent permiued by applicable: law, waives and releases any error or defects in proceedings 10
enforce lhis Security lnsuument. and hereby waives the benefit of any present or future laws providing for stay of execution
extension of lime, exemption from altachmenl, levy and sale. and homcslCad exemption. .
24. Reinstatement Period. Borrower's time La reinstate provided in paragraph 18 shall extend to one hour prior La the
commencement of bidlling at a sheriffs sale or orner sale. pursuant to Ihis Security InSlrumcnL
25. Purchase Money Mortgage. If any of the debt secured by this Security InSlrumem is lem to Borrower La acquire tiUe to
the Property. this Securhy Instrument shall be a purchase money mortgage. I
26. Interest Rate After Judgment. Borrower agrees that the interest mte payable after a judgment is entered on the Note
or in an action of mortgage foreclosure shaJJ be !he rate payable from time 10 time under me Note.
27. Riders to tbis Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security InsU"ument, the covenanLS and agreemenLS of each such rider shall be incorporated into and shall amend and supplement
the covenants and agreements of this Security lnstrumcm as if the rider(s) were a part of this Security Inslrument.
[Check applicable box(es)]
o Adjustable Rale Rider(s)
o Gt'JdUaled Payment Rider
o Bailoon Rider
OVA Rider
o Condominium Rider
o Planned Unit Development Rider
ORale Improvemem Rider
o OUler(s) [sp<cify]
o 1-4 FanJiJy Rider
o Biweekly PaymeOl Rider
o Secnnd Home Rider
BY SIGNING BELOW, Borrower acccplS and agrees to lhe terms and covenants "xmtained in litis Security Iflstrumem and in
any rider(s) executed by Borrower and recorded with it.
Witn s:
\tWI h. Q"'~l~
TARA l ANDERSDtl
(Seal)
-Bol1'owcr
~~) I{. Q\\.~
DALE W KEllEY
o
(Seal)
.Borrower
(Seal)
(Seal)
-Borrower
-Borrower
Certificate}!J' WSidence
I. l'l tJ.jL...,
me within-name ongagee is
Witness my hand this
1..../560
ygJ-h
PCU1C- 6~~' dn~l1i~;tIDo'Uta4~~ 2..
day nf
~
. rqq~ ,
~
Agenl of Mortgagee
COMMONWEALTH OF PENNSYLVANIA, c..o~ ~ County ss:
On this, the 61 ~cJn day of ~ ' qq. before me, the un~e~~~?t!..~fficer,
personally appeared If " nOn J J -,.' ':J\ ')~~;~:;~ "{~;""''''
,...r, L ^ _,.L. rem t:i.. 1'.... 1\.. W. ~ l::; .,:~:\';~!\";~;:7; I,."~~.\
ICv\.0. . nn,,,-,-"-::'.:....u.u- known to me (or satiS''l'ilQl'jlji1jlrliV~n)r~ll&che
person S whose name oS C,t)Subscribed 10 the within inslrument and acknowled eel mat ~~. t::':.!.;r.l1di!A~:\~"?,~~
executed the same for the purposes herein contained. ,A. . t:\.;~ ". ~~~"'P
..,'.. ~'r. \ .... , ...
IN WITNESS WHEREOF. I hereuOlo set my hand and offiCial seal.
My Commission Expires:
G .6H{PA) (9410}.01
@
CHL (10/97)
Page&
"do of om,,, NOTARIAL SEAl. .
'DAWN MARIE SHOOP. NOTARY PUBLlO' rm 3039 g/90
Shippellaburg, Cumberland County, PA
My CommiBSlon expires February &, 1000
.Bood553 PAGE ~49'
""""
, .
SCHEDULE "Au
ALL that certain tract of land situate, lying and being in West Pennsboro
Township, Cumberland County, Pennsylvania, being more fully bounded and
described as follows, to wit:
BEGINNING at a point in or near the center of Crossroad School Road (T-
483); thence leaving said roadway and extending along Lot No.3 of the
hereinafter referred to subdivision plan the following courses and distances; (1)
North 46 degrees 54 minutes 42 seconds East, a distance of 180.099 feet to a
point; (2) North 59 degrees 19 minutes 37 seconds West, a distance of 76.423
feet to a point; (3) North 75 degrees 51 minutes 44 seconds East, a distance of
245.227 feet to a point at Lot No. Si thence along Lot No.5, South 43 degrees
21 minutes 17 seconds East, a distance of 131.942 feet to a point at Lot No.1;
thence along Lot No.1, South 55 degrees 23 minutes 03 seconds West, a
distance of 465.675 feet to a point in Crossroad SChool Road (T-483); thence
along the aforementioned roadway the following courses and distances; (1)
North 52 degrees S4 minutes 43 seconds West, a distance of 126.877 feet to a
point; (2) North 53 degrees 28 minutes 29 seconds West, a distance of 74.671
feet to the point and place of BEGINNING.
CONTAINING a gross area of 2.150 acres and a net area of 2.013 acres
and being designated as Lot No.2 on a Final Subdivision Plan of Mandy
Meadows, prepared by Shelly & Witter, PLS. Said plan is recorded In the
Cumberland County Recorder's Office in Plan Book 79, Page 44.
BEING that same reai estate that Harry H. Fox, Jr., and Ann G. Fox, his
wife, by their deed and intended to be recorded prior to the recording of this
mortgage in the Office of the Recorder of Deeds In and for Cumberland County,
Pennsylvania, conveyed to Tara L. Anderson and Dale W. Kelley, single persons,
Mortgagors herein.
BOOk 1553 PAGE .9;0
~ "
<-<-,.,,1
on, 'L
h. _
~
~':
DEED OF TRUST, MORTGAGE RIDER
FOR CONSTRUCTION LOAN
THIS DEED OF TRUST, MORTGAGE RIDER FOR CONSTRUCTION LOAN
(this "Rider") is made as of June 28.1999, and is incorporated into and shall be deemed
to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security
Instrument") of the same date given by the undersigned ("Borrower") to secure
Borrower's Note (the "Note") to COUNTRYWIDE HOME LOANS. INe. (the
"Lender") and covering the property described in the Security Instrument and located at:
Lot 2 Mandv Meadows. Carlisle. FA 17013 (the "Property").
ADDITIONAL COVENANTS. In addition to the covenants made in the Security
Instrument, Borrower further covenants and agrees as follows:
t. Construction Loan Agreement. Concurrently herewith, Borrower has
executed and delivered to Lender that certain Construction Loan Agreement with Security
Agreement (the "Loan Agreement") and that certain Construction Loan Addendum to
Note (the "Addendum"). The Security Agreement shall also secure Borrower's
perfonnance of Borrower's payment and performance of the tenns and conditions of the
Loan Agreement and the Addendum. A default by Borrower under the tenns and
conditions of the Loan Agreement or the Addendum (including but not limited to the
obligation to complete the Improvements in accordance with the tenns of the Loan
Agreement) shall constitute a default under the Note and Security Instrument and entitle
Lender to all rights and remedies thereunder. All terms not otherwise defined herein shall
have the meaning ascribed thereto in the Loan Agreement.
2. Advances. The loan evidenced by the Note will be advanced to Borrower
pursuant to the Loan Agreement. Lender shall not be obligated to advance on a
cumulative basis any sums in excess of the face amount of obligations evidenced by the
Note; provided however the amounts secured hereunder shall include such principal
amount, whether advanced as of the date hereof or in the future, together with such other
expenditures by Lender made in accordance with the Loan Agreement or the Security
Agreement, all just as if the advance or other expenditure was made on the date of this
security instrument. Such other expenditures include, but are not limited to. advances for
taxes, assessments, maintenance charges, insurance premiums or costs incurred for the
protection of the Property or the lien of the Security Instrument, or expenses incurred by
Lender by reason of default by Borrower under the Security Instrument, or for any other
costs incurred by Lender to protect and preserve the Property, all as described in 42 Pa.
C.SA Section 8144. The total amount of the indebtedness secured by this Security
Instrument may increase or decrease from time to time, but the total unpaid balance
secured by this Security Instrument shall not exceed two times the amount of the Note,
together with accrued interest and all of Lender's costs, expenses, and disbursements
made under this Security Instrument. Borrower and Lender have not contracted to
require written notation or evidence of each future advance to be made under the Note.
Bood553 PAGE .951
-
,
3. Security Agreements; Fixture Filing. As such terms are defined in the
applicable State Commercial Code, the "Debtor" is Borrower, having an address of the
Property, and the "Secured Party" is Lender, having an address for the transaction of
business as shown for Lender on the first page of the security instrument. The term
"Property" as used in the Security Instrument shall also include all items of personal
property of any kind whatsoever, building materials, appliances, equipment, machinery,
goods and fixtures (collectively, "personal property") now or hereafter located on or
attached or affixed to the real property described therein, the cost of which was paid, in
whole or in part, from the proceeds of the loan made by Lender to Borrower pursuant to
the Loan Agreement and Borrower hereby grants to Lender a security interest in and to
the personal property and all proceeds hereof. To the extent of the existence of personal
property encumbered by the Security Instrument, as herein modified, the Security
Instrument constitutes a security agreement and is intended to create a security interest in
such personal property in favor of Lender and to constitute a "fixture filing" in
accordance with the provisions of the Uniform Commercial Code of the state where the
real property is located, and all rights and remedies of a secured party under the Uniform'
Commercial Code in the event of any breach of any covenant or agreement in the Security
Instrument. The Security Instrument shall be self-operative with respect to such personal
property, but Borrower shall execute and deliver such financing statements, security
agreements or other instruments as Lender may request in order to perfect Lender's
security interest in the personal property; notwithstanding however Borrower authorizes
Lender as the Secured Party to file such other financing statements as Secured Party may
believe appropriate, without obtaining the signature of Borrower as Debtor, The Security
Instrument constitutes a fixture filing with respect to any and all fixtures or any goods
which may now be or may hereafter become fixtures included within the term "Property."
4. Construction Period. The provisions of this Rider shall govern
Borrower's obligations and rights on and after the date hereof until the Completion Date.
On and after the Completion Date, the terms of this Rider shall be terminated, and the
terms of the Security Instrument shall continue in full force and effect and shall control
Borrower's rights and obligations with respect to Lender, in accordance therewith.
Except as modified, amended or supplemented herein, all other terms and conditions of
the Security Instrument shall remain unchanged and shall be applicable and govern on and
after the date hereof until the Note is paid in full,
5. No Termination of Future Advances. If Borrower sends a written notice
to Lender which purports to limit the indebtedness secured by the Security Instrument and
to release the obligations of Lender to make any additional advances to Borrower as
contemplated by the Note and Loan Agreement, such notice shall be ineffective as to any
future advances made: (al to enable completion of any improvements to the Property as
contemplated by the terms of the Note and Loan Agreement; (b) to pay taxes,
assessments, maintenance charges and insurance premiums; ( c) for costs incurred for the
protection of the Property or the lien of the Security Instrument; (d) for expenses incurred
by Lender by reason of a default by Borrower hereunder or executed and delivered in
.BooK1553 PAGE .952
.""',
<,',
"
-
.=-
connection therewith; and (e) for any other costs incurred by Lender to protect and
preserve the Property. It is the intention of the parties hereto that any such advance made
by Lender after any such notice by Borrower shall be secured by the lien of the Security
Instrument on the Property. The receipt by Lender of any such notice from Borrower
shall constitute a default hereunder, whether or not such notice is sent pursuant to the
provisions of 42 Pa. C.S,A. Sections 8143(B) or (C) and whether or not such notice Is
effective thereunder.
,
6. Notice to Lender. Borrower agrees that any notice given by Borrower to
Lender purportedly pursuant to 42 Pa. C.S.A. Section 8143 shall be given by registered or
certified mail, return receipt requested, to the address of Lender specified in the Security
Instrument and only to such address, and such notice shall be deemed to have been
received no earlier than the date actually and physically received at such address.
7. Notice Regarding Subordination. Borrower hereby authorizes Lender
to, without liability and in Lender's sole discretion, give notice In form and substance
satisfactory to Lender of the lien and security interest created by the Security lnslrument
to a holder of a previously recorded mortgage which is a lien on the Property in order to,
among other things, subordinate further advances by such mortgage holder.
8. Lender's Address. The following shall be included In and deemed to be a
part of the Security Instrument:
Signature:
('('6N S~ . 'I q/ j)j;.. emir,,',
l)opr,
p.b. bOf 102lP/P
1jfJ..(\ J\Jl.ll.j~) e...0
l- J -OOLt
. .
,
I
I
I
I
I
!
I certify that the precise address of the within Lender is as
specified in Security Instrument.
State at Ponnsylvania } .
County of Cunlberland 86
flQCO~rded iJi...,hC office for the recording 01 Deads
~c,^'!llind [(~iDberland CouOly, ('l}/(, I
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants
contained in this Rider.
1m ~- C\\I\AClOAAY\A /'
Tara L. Anderson
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Dale W. Kelley
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DALE W. KELLEY,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-6001 EQUITY
TARA L. ANDERSON
Defendant
CIVIL ACTION - EQUITY
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above-captioned action as having been settled and discontinued without
prejudice.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
t:t1
Date: I / IO/"!
l
David A. Baric, Esquire
!.D. # 44853
17 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff, Dale W. Kelley
dab.dir/litigationlkelley/partition/praecipe.dis
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CERTIFICATE OF SERVICE
I hereby certify that on January 21, 2003, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid,
to the party listed below, as follows:
Philip H. Spare, Esquire
Snelbaker, Brenneman & Spare
44 West Main Street
Mechanicsburg, Pennsylvania 17055
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David A. Baric, Esquire
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