HomeMy WebLinkAbout01-06518
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BOROUGH OF CARLISLE,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO, 01- &511 CIVIL TERM
AEGIS MORTGAGE CORPORATION,
Defendant
ACTION TO QUIET TITLE.
NOTICE
You have been sued in court If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you, You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs, You may lose money or property or other rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT
HAVE ALA WYER 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
Telephone (717) 249-3166
MARTSON DEARDORFF WILLIAMS & OTTO
B~P/
Edward L Schorpp, Esquire
PAID No, 17495
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: ~-?I'~ /~ ;)<<)1
Solicitor for Borough of Carlisle
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Created: 11/OIl0111:34:12AM
Revised; 111l2fOI12:01:12PM
BOROUGH OF CARLISLE,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO, 01-&51<6 CIVIL TERM
AEGIS MORTGAGE CORPORATION,
Defendant
ACTION TO QUIET TITLE
COMPLAINT
NOW COMES, the Plaintiff, Borough of Carlisle, by and through its Solicitor, Edward L
Schorpp, Esq" and files the within Complaint against Defendant:
1, The Borough of Carlisle (herein, the "Borough") is a political subdivision and
municipal corporation organized and existing under the laws of the Commonwealth of Pennsylvania
with principal offices at 53 West South Street, Carlisle, Cumberland County, Pennsylvania 17013.
2, Defendant, Aegis Mortgage Corporation (herein, "Aegis"), is a corporation organized
and existing under the laws of the State of Oklahoma with a principal place of business at 11111
Wilcrest Green, Suite 250, Houston, Texas 77042,
3, At all times relevant herein, Aegis conducted business in Pennsylvania, and continues
to conduct such business, through its broker, Atlantis Mortgage Company (herein, "Atlantis") which
has offices at 3816 Walnut Street, Harrisburg, PA 17109,
4, The Court of Common Pleas of Cumberland County, Bayley, 1., sitting in equity,
issued an Amended FinalDecree (herein, the "Decree") dated January 24, 2000 and entered at docket
No. 1998-4145, which Decree, inter alia, appointed the Redevelopment Authority of the County of
Cumberland as agent to bring eight improved properties owned by Robert H Barrett (herein,
"Barrett"), into compliance with the Borough BOCA Property Maintenance Code and Carlisle
Historic District regulations; a copy of the Decree is attached hereto as Exhibit "A"
5, The Decree was a final adjudication in favor of the Borough under which it was
awarded the relief specified therein according to its terms and provisions,
6, The within action concerns title to two improved properties which are encompassed
by the Decree and which are situated at 29 South East Street and 35 South Bedford Street, both being
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within the Borough of Carlisle, Cumberland County, Pennsylvania; a copy of the deeds for each
property being attached hereto and marked Exhibits "B" & "C," respectively,
7, At all times relevant hereto, the Decree was entered in the judgment index of
Cumberland County, was constructive notice to Aegis and was readily discoverable upon a careful
review of the public records,
8, In addition, on August 28, 2001, the Borough's Solicitor provided actual notice, both
verbally and in writing, of the Decree to Tim Marsico, an employee of Atlantis, the mortgage broker
and agent of Aegis,
9, Notwithstanding the communication of actual notice of the Decree to its agent and
the constructive notice chargeable to it by the public records, Aegis proceeded to make two mortgage
loans to Barrett secured by separate mortgages on each property described in Paragraph 6 above,
which mortgages were dated September 4,2001 and recorded in the Cumberland County Recorder
of Deeds Office on September 6, 2001 in Mortgage Book 1732, Page 3763 (29 South East Street) and
Mortgage Book 1732, Page 3786 (35 South Bedford Street); a copy of each mortgage is attached
hereto as Exhibit "D," & "E," respectively,
1 0, At the time Aegis granted the loans and recorded the mortgages described in
Paragraph 9, Barrett's properties at 29 South East Street and 35 South Bedford Street were in
custodia legis, and by virtue of such status, the mortgage liens could not lawfully attach to the
properties,
11, The Borough has made demand upon Aegis to recognize the invalidity of its mortgage
liens, or to otherwise subordinate the same to the terms of the Decree, which demand Aegis has
refused,
12, The suspect validity of the mortgage liens has adversely affected, and will continue
to adversely affect, the relief granted to the Borough in the Decree, as well as the ability of the
Redevelopment Authority ofthe County of Cumberland to borrow monies, and to secure repayment
of the same, in order to perform its duties under the Decree, unless this Court orders appropriate
relief
WHEREFORE the Borough respectfully requests this Honorable Court to enter judgment in
its favor and against Aegis as follows:
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A Ordering that the Defendant is barred from asserting any right, lien, title or interest
in either property inconsistent with the interest of the Borough as set forth in the Decree; and
B. Declaring the mortgage liens to be invalid and ordering Aegis, and in default thereof,
the Recorder of Deeds of Cumberland County, to mark the same stricken and of no further force or
effect; or, in the alternative,
C. Declaring the mortgage liens to be inferior to the Decree and ordering Aegis, and in
default thereof, the Recorder of Deeds of Cumberland County, to mark the same subordinate and
inferior to the Decree; and
D, To order such other relief as it deems appropriate under the circumstances,
MARTSON DEARDORFF WILLIAMS & OTTO
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Edward L. Schorpp, Esquire
PA ID No, 17495
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Solicitor for Borough of Carlisle
Date: ..NOt/~O>ek" /~ ~ I
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BOROUGH OF CARLISLE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
V.
ROBERT H. BARRETT,
DEFENDANT
98-4145 EQUITY TERM
AND NOW, this
AMENDED FINAL DECREE
f').. '4."'- day of January, 2000, the FINAL DECREE entered
on January 14, 2000. IS AMENDED:
(1) A default judgment is entered in favor of plaintiff and against defendant.
(2) Judgment in the amount of $12,302.48 is entered in favor of plaintiff and
against defendant for attorneys' fees.
(3) Defendant is enjoined frorn performing any repairs or alterations to any of his
properties without (a) first receiving certificates of appropriateness and building permits
for such work, and (b) the approval of this court to perform the work in lieu of it being
performed by the hereinafter appointed agent.
(4) The Redevelopment Authority of the County of Cumberland is appointed
agent to manage, for the purpose of bringing into compliance with Code and Historic
District regulations, the following eight improved properties of defendant in the Borough
of Carlisle: (1) 29 South East Street; (2) 35 South Bedford Street; (3) 37 South Bedford
Street; (4) 122 East Liberty Avenue; (5) 25 North Bedford Street; (6) 134 East High
Street; (7) 136 East High Street; and (8) 138 East High Street.
EXHIBIT "A"
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98-4145 EQUITY TERM
(5) The agent shall post security in the amount of $1.00 with the Prothonotary.
(6) The following shall apply to the agent's performance of its duties:
(a) it shall have joint possession and control of the eight
improved properties and defendant shall not in any way interfere with or
obstruct the agent or anyone acting under its direction in the performance
of its duties;
(b) for each property, it shall obtain two private bids itemizing the cost of
repairs necessary to bring it into compliance with all Code and Historic
District regulations;
(c) l;lS the bids are received for each property, it shall forward both bids to
'defenqant at his mailing address of 134 East High Street, Carlisle, PA
17013, by regular mail and also by certified mail, return receipt requested
and restricted delivery;
(d) defendant shall have fifteen days from receipt of the certified mail, or
ten days from the date of its 'return by the postal seNice as "unclaimed" or
"refused: to deliver to the agent funds sufficient to pay for the amount of
the lower bid;
(e) upon receipt of such funds from defendant in the amount of the lower
bid, it shall have the work performed;
(f) should defendant fail to timely deliver such funds it may expend its
own funds or it may arrange for financing for said work, and it may apply
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96-4145 EQUITY TERM
to the court to order that a mortgage lien be placed on defendant's
property having sufficient equity to provide security for the debt incurred;
(g) after completion ofthe work it shall send defendant by regular mail a
statement of its costs;
(h) should defendant default in making timely payment of the repairs and
costs within fifteen days of such mailing, the agent shall apply for an order
of court for authorization to sell such property under terms and conditions
approved by the court, and for an award of its costs;
(i) the costs can inclu<;le: (1) any wages or other compensation of its staff
and employees for time reasonably incurred in performing its duties; (2)
invoices from any independent contractors retained to assist in the
performance of its duties; (3) out-of-pocket expenses; (4) premiums for
casualty and liability insurance for each property [unless defendant
provides evidence of adequate coverages]; (5) any deductibles incurred in
defending any claims arising out of the' performance of its duties; (6) any
and all interest incurred by agent under its line of credit with Keystone
Financial Bank or any other borrowing resulting from defendant's failure to
make any payments in a timely manner; (7) any tegal fees incurred by
agent in the performance of its duties; and (8) any other reasonable costs;
(j) should the proceeds of any sale exceed the cost of repairs and the
agent's costs, the excess amount shall be retained and applied to repairs
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98-4145 EQUITY TERM
to other properties;
(k) in the event the agent obtains financing it may, with court approval,
arrange to place a mortgage lien on the premises;
(I) the above procedure shall be followed with respect to each successive
property although the agent may perform its duties concurrently on any of
the eight properties;
(m) the agent shall respect the rights of any tenants, and to the extent
possible all work should be performed without disturbing their peaceable
possession;
(riI) all tenants shall pay the agent all rent at the rate payable this date
during the term of the performance of its duties, and the agent shall apply
such rent to property repairs as authorized by this order;
(0) upon completion of its duties, the agent shall file an accounting with
the Court as to all funds received and expenditures made;
(p)any funds remaining with the agent at the time of such accounting
shall be distributed to defendant;
(q) defendant may file exceptions to the accounting;
(r) the agent may seek a judgment against defendant for any deficiency in
the amount paid for all repairs and all of its costs;
(s) the agent may petition to amend this order if necessary or desirable to
effectuate its purpose.
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98-4145 EQUITY TERM
(7) Defendant shall within seven days of the date of this order provide keys for
all properties to agent.
(8) If defendant does not provide keys to the properties to agent, the agent may
make forced entry into such property and change the locks.
(9) Within seven days of the date of this Order, defendant shall provide to agent
copies of all current written leases as well as copies of any casualty and liability policies
in effect, which policies shall be amended to name agent as an additional insured
thereunder.
(10) Defendant shall hold agent harmless from any and all claims, costs, and
expenses incurred by it in the proper performance of its duties.
(11) Upon application of plaintiff, the Court will consider an award of any
additional attorney fees incurred.
(12)
This court retains jurisdiction in equity for the enforcement of this order.
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By t e' ou
Edward L. Schorpp, Esquire
Solicitor for the Borough of Carlisle
Robert H. Barrett, Pro se
134 East High Street
Carlisle, PA 17013
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P'iGl'AT-W~""'IV Deed. SlIo.1 For...: Ad of 1\I09.L.A"an~ed Ie. Pholo.R..ca"Il"lI
l-IenW Hall. 'nc.. Indiana. Pa.
CO!\AMONWEJ>..lJH Of r~1 J!.!,,'n'./AI',IIA' ::::
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MADE 7'llE 197ft day 01 November
01 our L/J1'd Q116 thol/sund '1Iilll! 11IIndnd ninety-two (1992),
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EE'fWEEN JOSEPH OTTO and' DIXIE L. OTIO, husband and wife, of the Borough of
Carlisle, Owllberland County, Pennsylvania, parties of the first part, --------
mid ROBERT H. BARRETT
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Gl'antee :
WItNESSETH, /hllt in CO'R/liJt:j"ilt-ion III Sixty-five Thousand ($65,000.00) -.,.----------
---.------------------------------------------- - ------------------------- Dollars,
in hil1ld paid. the .,.ec~ipt '1UlteJ'col is lIe'I'dlY ack~lo1/Jled/Jed, the II/lid /JJ'untor S do 're7'(~by gT(Lllt
and C01t1,'ey to tile said gm1ltee. ALL that certain' piece or parcel of land situate in
the Borough of Carlisle, Cumberland County. Pennsylvania, bounded and described
as follows:
BEGINNING at a point on the eastern side of South East Street, which point
is I:he corner of property now or formerly of Paul Snyderj thence in an easterly
direction along the line of property now or formerly of the said Paul Snyder, a
dis&ance of 127 feet 4 inches, more or less, to property now or formerly of George
C. nlosser; thence in a southerly direction along said property of George C.
Blo$ser. a distance of 20 feet to a point on the northern side of East Liberty
AlleYj thence in a westerly direction along the northern line of said East Liberty
Alley. a distance of 127 feet 4 inches, more or less, to a point on the eastern
side of said South East Street; thence in a northerly direction along the eastern
side of said South East Street. a distance of 20 feet to a point, the place of
BEGINNING.
HAVING thereon erected a two and one-half story frame dW'elling house known
and mllllbered as 29 South East Street.
Being the same which Donnie R. Galloway and Virginia L. Galloway, husband and
wiIs, by their deed dated May 9, 1991, and recorded in the Office of the Recorder
of Deeds of Cumberland County, Pennsylvania, in Deed Book C, VolUR~ 35, page 452,
sold and conveyed unto Joseph Otto and Dixie L. Otto, husband and wife, grantors
herein.
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School Dist Cumbo Co., Pa.
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600i 2-35 P^,E 910
EXHIBIT "B"
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COPlRllIHT lt1110by A1L,STAn l(OAl SUPPLY COIlP
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June
_,'w.,n ~ GAB! LEBO and DIIIB L. LEBO, b1a wife, of Carlisle, Cumberland
County, Pennsylvania.
1/f'rei" dt'siyuull'd /tH lilt' GtYUtlllrN,
AnD aoBERT B. ~, single man, of Carlisle. Cumberland County, Pennsylvania.
Ilf'l'l'i" f/1'xifJllItlf'fJ tl~ fllf' GnU/h'l'I';
.ftnn.,tJ" that the Grat,to1'll, for and in couBiderutiUlI oj' Forty-five Thousand Three Hundred
and nO/lOa Dollars ($45.300.00)-----------------------------------------~---------
lawful JIloney of the U"Urtfl Stalf'S 11/ America, to the Grunturll in II/Jllflll'l'fllll//I "'lIly Jlllill "": fllf' (;"'11I""'1',
at or b4!Jure the seuliu9 and deliverll of these presentll, the meipt wlwreu[ ill 11l!I't'bU ild~lloll'f(Idflt'11 culll tht'
Granto7"8 being there-with ju.lly satisfied, du by tllelle preBe1lts gra"t, bIllVu;". Hell {IIIII ('IUII"'U tWill Ow
. Grantees j'rJrever,
,
AU tbat certain
Second Weird,
'- Cumberland
tmct 0" paref:'l oj' lalld utld prem;H"H. sit/wit" lyilllJ {/lid bl'iulJ ill Olt'
of the Borough of Carlisle ;1/ 1111' t'mmfy oj'
(Iud CrJnlnlfJllWf:>rllth of Petmllyl/Janiu. more particularly df!llcribf:'d WI ji,llows:
ON the North by Liberty AIl.y; on the East by leind now or formerly of Robert
Tho_pson; on the South by 18nd now or formerly of John B. Bratton and William H. G.
Beetem; on the West by Soutb Bedford Street. and fronting 30 feet on said South
Bedford Street and extending bae~ p~e8erving an equal width 120 feet to land now Qr
formerly of said Robert Thowpson.
BEING improved with a two and one-half atory brick dwelling house with two car garage
known as 3S South Bedford Street, Carlisle. Pennsylvania.
SUBJECT, HOWEVER, to a right-oi-way across the tear of said lot as reserved in
pdor deeds.
BEING the same property which Michael Paul Scott and Judith A. Scott by Deed dated
June 21, 1911 and ~ecorded 1n the Office of the Recorder of Deeds in snd for
Cumberland County in Deed Book "G". Volume 27. Page 78, granted and conveyed unto
Marshall Cary Lebo and Julia A. Lebo. Julia A~ Lebo d1ed December 9, 1983 thereby
vesting her entire estate in her husband. Marshall Gary Lebo. one of the Grantors
herein.
Dixie L. Lebo 1s 1ncladed hereby to convey any interest she may have acquired in
the property by virtue of marriage to Marshall Gary Lebo.
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School Disl. Cumbo Co.. P3.
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EXHIBIT "C"
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Loan No: 052702100162
Borrower: ROBERT H BARRETT
Data ID: 486
Tax Parcel Identification Number: 03-21-0320-015
Return 10: AEGIS MORTGAGE CORPORATION
ATTENTION: WHOLESALE CLOSING
P.O. BOX 84308
BATON ROUGE, LA 70884
(Space Abovi, TIll, Una Fo, Recording Data)
MORTGAGE
MIN: 100014705271001626
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13. 18, 20 and 21. Certain rules regarding the usage of words used in this document
are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated September 4, 2001, together with all
Riders to this document.
(B) "Borrower" is ROBERT H BARRETT. A SINGLE MAN. Borrower is the mortgagor under this
Security Instrument.
(C) ICMERS" is Mortgage Electronic Registration Systems, Ioe. MERS is a separate corporation that
is acting solely as 'a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has
an address and telephone nnmber of P,O, Box 2026, Flint, MI 48501-2026, teL (888) 679-MERS,
(D) "Lender" is AEGIS MORTGAGE CORPORATION. Lender is A CORPORATION organized
and existing under the laws of the State of OKLAHOMA Lender's address is 11111 WILCREST
GREEN, SUiTE 250, HOUSTON TIC 77042,
(E) "NClte" means the promissory note signed by Borrower and dated September 4, 2001. The Note
states that Borrower-":'-owes Lender SEVENTY-FIVE THOUSAND SIX HUNDRED and
NO/lOO..---Dollars (U.S. $ 7S,600,OO) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later tban October 1, 2031.
PENNSYLVANIA - Single Family - MODIFIED Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3039 1/01 (Page 1 of 19 Pages)
111I11111111~111111~lllllllllllllllllllllIlllillllllllll11111'1I~lmllllllllllllllllllll
0527021001620130
8K I 73 2 PC 3 7 8 6
EXHIBIT "D"
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Loan No: 052702100162
Data ID: 486
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.c. 12601 et'seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 35(0). as they .might be amended from time to
tim~J or any additional or successor legislation or regulation that governs the same subject'matter. As
used in this Security Instrument, "RESP A" refers to all requirements and restrictions that are imposed
in regard"to a "federally related mortgage loan" even irtbe Loan does Rot qualify as'B "federally related
mortgage 'loan"' under RESP A
(Q) "Successor in Interest or Borrower" means any party that has taken_ title to the Pmperty, whether
or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions
and modifications of the Note; and (ii) the performance of Borrower~s covenants and agreements under
this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and
convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the
successors and assigns of MERS tbe following described property located in the County of
CUMBERLAND:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
which currently has the address of 35 S BEDFORD ST,
(Street]
~~LISLE. PENNS~~ ANIA 1J~!gd') ("Propeny Address"):
TOGETHER WITH aU the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shaU also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal
tiUe to the interests granted by Borrower in this Security Instrument. but, if necessary to comply with
law or custom, MERS (as DQminee for Lender and Lender's successors and assigns) has the right: to
exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the
Property; and to take any action required of Lender including, but not limited to. releasing and
canceling tbis Security Instrument.
P_ENNSYLVANIA - SIngle Family - MODIFIED Fannie Mee/Freddle Mac UNIFORM INSTRUMENT
Form 3039 1/01 (Page 3 of 19 Pages)
8X 7 3 2 PG 3 7 8 8
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Loan No: 052702100164 Data ID: 346
Borrower: ROBERT H. BARRE'IT
Tax Parcel Identification Number; Oo-~I- D~~-ct--J~
Return.to: AEGIS MORTGAGE CORPORATION
A'ITENTION: WHOLESALE CLOSING
P.D. BOX 84308
BATpN ROUGE, LA 70884 '
!SpaGe Above This U/llI FolRooordlnll 0aIa1
MORTGAGE
MIN: 100014705271001642
DEFINmONS
Words used'in multiple sections of tbis document are defined below and other words are 'defined in
Sections 3; 11, 13, 18, 20 and 21. Certain rules regarding the usage' of Words used in this- document
are also provided in Section 16.
(A) "Seauity Inslrumenl" means this document, which is dated September 4, 2001, together with all
Riders to- this document.
(8) "BOJTOWeI'" is ROBERT H. BARRETI'. Borrower is the mortgagor under this Security
Instrument.
(C) "MERS" is Mongage Electronic Registration Systems, IDe. MERS is a separate corpomtion that
is acting solely as a nominee ror Lender and Lender'S successors'and assigns. MERS is the mortgagee
under this Security Instnunent. MERS is organizt'.d and existing under the laws of Delaware, and has
an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, teL (888) 679.MERS.
(D) "Lender" is AEGIS MORTGAGE CORPoRATION. Lender is A CORPORATION organized
and existing ,under the laws of the State of OKJ...AHOMA. Lender's address is 11111 \VILCRESlr
GREEN, SUITE 250, HOUSTON TX 77042.
(E) "Note" means the promissory note signed by Borrower and dated September 4, 2001. The Note
states that Borrower~ Lender SEVENn'-TWO THOUSAND EIGHT HUNDRED and
NO/IOlJ-.-DoIJars (U.s. $ 72,100.00) plus interest Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not fiter than October I, 2031.
PENNSYLVANIA. Single Family - MODIFIED fannle lltaeJFrecfdle MIilC UNIFORM INSTRUMENT
FoIm 3039 t/01 (Page 1 of 19 Pagtnl)
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OS2702t001640130
BK 1732PG3763
EXHIBIT "E"
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Loan No: 052702100164
Data ID: 346
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.c. ~2601 et seq.) and its
implementing regulation, RegulatfoD X (24 c.F.R. Part 3500), 35 they might be amended from time to
time. or any additional or successor legislation or regulation that governs the same subject matter. As
used in this Security Instrument, "RESPA" refers to all requirements and restrictioDl'i that are imposed
in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related
mortgage loan" under RESP A.
(Q) "SUa:e.ssor in Interesl of, Borrower" means any party that has taken title to the P,roperly, whether
or not that party has assumed Bo~r's Obligations under tbe Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPER1Y
This Security lnslrument secures 10 Lender: (i) the repayment of the Loan, and all renewals, extensioDl'i
and-modifications of the Note; and (ii) the performance of Borrower's covenants and agreen,.ents under
this Security Instrument and the Note. For this purpose, Borrower does hereby ~ngage, grant and
movey to MERS (solely- as nominee for Lender and Lender's successors and assigns) and to the
successors and assigns of MERS Ihe following described property located in the County of
CUMBERLAND:
SEE LEGAL DESCRIPTION A'ITACHED HERETO AND MADE A PART- HEREOF
which currently has the address of 29 S EAST ST,
[Street]
CARLISLE, PENNSYLVANIA 17013 ("Property Address"):
[Clly) ~~ [ZIpCodBJ
TOGETHER WI1H all the improvements now or hereafteJ' erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrwnent as the "Property." Borrower underst.ands and agrees that MERS holds only legal
title to the inlerests granted by Borrower in this Security Instrument, but, if necessaty to mmply with
law or custom, MBRS (as nominee ror Lender and Lender's successors and assigns) has the right: to
exercise aay or aU of those interests, including, but not limited to, the right to foreclose_and seD the
Property; and to lake any action required of Lender including, but not limited 10, releasing and
canceling this Security Instrument.
PENNSYLVANIA - Singhl Family. MODIFIED F.annle MuJFt-eddlD Mac UNIFORM INSTRUMENT
Form 3039 1/01 (Page 3 of 19 Pages)
BK 1732PG3765
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VERIFICATION
I, Frederick Bean, Borough Manager of the Borough of Carlisle, Cumberland County,
Pennsylvania, acknowledge that I have the authority to execute this Verification on behalf of the
Borough of Carlisle and certifY that the foregoing Complaint is based upon information which has
been gathered by my counsel in the preparation of this lawsuit The language of this Complaint is
that of counsel and not my own, I have read the document and to the extent that this Complaint is
based upon information which I have given to my counsel, it is true and correct and to the best of
my knowledge, information and belief To the extent that the content of this Complaint is that of
counsel, I have relied upon counsel in making this Verification,
This statement and Verification are made subject to the penalties of 18 Pa, c.s, 94904 relating
to unsworn falsification to authorities, which provides that if I knowingly make false averments, I
may be subject to criminal penalties,
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Frederick Bean
Borough Manager
Dated:
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BOROUGH OF CARLISLE,
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Plaintiff,
No.01-6518 CIVIL TERM
v.
AEGIS MORTGAGE CORPORATION,
Defendant.
ORDER
AND NOW, this 1.8 day of ~ ' 2002, it is hereby
ORDERED and ADJUDGED that the Stipulation by and between counsel for the parties
attached hereto is hereby APPROVED, and this case is hereby dismissed, with prejudice.
BY THE ~T:
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BOROUGH OF CARLISLE,
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Plaintiff,
No.01-6518 CIVIL TERM
v.
AEGIS MORTGAGE CORPORATION,
Defendant.
STIPULATION
The ptuiies, by and through their counsel, hereby STIPULATE and
AGREE as follows:
WHEREAS, on November 16, 2001, the Borough of Carlisle ("Borough")
filed a complaint seeking to quiet title to two properties: 35 South Bedford Street,
Carlisle, Pennsylvania and 29 South East Street, Carlisle, Pennsylvania (collectively, the
"Properties"); and
WHEREAS, the Borough alleged in the complaint that the Properties are
subject to this Court's Amended Final Equity Decree dated January 24, 2000 ("Decree");
WHEREAS, the Borough further alleged in the complaint that, by reason
of the Decree, the Properties were not subject to the attachment ofliens or, alternatively,
the mortgages held by AEGIS on each of the Properties ("Mortgages") are subordinate
and inferior to the Decree; and
WHEREAS, the Borough and AEGIS have entered into a Mortgage
Subordination Agreement with respect to each of the Properties; and
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WHEREAS, the Borough and AEGIS each desire, as set forth herein, to
compromise and settle this action as follows:
1. AEGIS's liens on each of the Properties did attach to the
Properties, but are subordinate to the terms and conditions of the Decree, including any
liens to be entered by the Court for monetary amounts owing by the mortgagor for
repairs, costs, expenses, and other matters relating to the Properties.
2. Any liens to be entered by the Court for monetary amounts owing
by the mortgagor for repairs, costs, expenses, and other matters relating to the Properties
shall attach only to the Property or Properties for which the repair or other costs were
incurred. No liens may attach to the Properties for repair or other costs incurred in
connection with the other six (6) properties governed by the Decree that are not the
subject of this Consent Order or the Subordination Agreement.
3. AEGIS's Mortgages are valid mortgages which may be enforced as
ifthe Decree had never been entered; provided, however, that any lien arising under the
Decree shall be considered superior and considered prior in time to the lien of AEGIS'
Mortgages, as if such lien or liens had been entered and recorded before AEGIS's
Mortgages were recorded, and provided further that any buyer at a foreclosure or other
judicial sale shall take the property subject to the terms ofthe Decree.
4. This action is hereby dismissed with prejudice.
[SIGNATURE BLOCKS APPEAR ON THE NEXT PAGE]
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AGREED TO BY THE PARTIES:
K' ;it, ~
Kevin M. Toth
PA ID No, 82769
REED SMITH LLP
1650 Market Street
2500 One Liberty Place
Philadelphia, PA 19103
(215) 851-8100
Counsel for Defendant
AEGIS Mortgage Corporation
I I
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Edward L Schorpp
PA ID No, 17495
MARTSON DEARDORFF
WILLIAMS & OTTO
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Solicitor for Borough of Carlisle
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