HomeMy WebLinkAbout07-3152IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COMMERCE BANK/HARRISBURG, No.
two
N.A.,
Plaintiff
Vs.
UNITED GENERAL TITLE INSURANCE
COMPANY,
Defendant
NOTICE TO DEFEND
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 Document
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 Documents 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 Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717-299-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COMMERCE BANKMARRISBURG, No.
N.A.,
Plaintiff
VS.
UNITED GENERAL TITLE
INSURANCE COMPANY,
Defendant
(21* ? "'
U L
COMPLAINT
1.0 LITIGANTS
1. The PLAINTIFF is COMMERCE BANK/HARRISBURG, N.A., a
national banking association, having a principal place of business at 3801 Paxton Street, City of
Harrisburg, Dauphin County, Commonwealth of Pennsylvania 17111, and hereinafter sometimes
referred to as "Plaintiff' and/or "Bank".
2. The DEFENDANT is UNITED GENERAL TITLE INSURANCE
COMPANY, a corporation organized and existing under the laws of the State of Colorado,
engaged in the business of issuing title insurance, doing business in the Commonwealth of
Pennsylvania, having its principal place of business at 999 18th Street, Suite 3400, Denver,
Colorado 80202-2434, with an office in the Commonwealth of Pennsylvania situate at Bailey
Center II, 135 Technology Drive, Suite 501, Canonsburg, Washington County, Pennsylvania, and
hereinafter sometimes referred to as "Defendant".
2.0 FACTUAL BACKGROUND
3. On or about March 6, 2006, Bank issued to Cody A. Carbaugh a written
commitment letter wherein Bank conditionally agreed, subject to certain conditions and
requirements, to loan to Cody A. Carbaugh the sum of one hundred twenty-six thousand dollars
($126,000.00) to fund the purchase of a tract of real estate situate in Borough of New
Cumberland, Cumberland County, Commonwealth of Pennsylvania, being Lot 10 and part of Lot
9 on a Plan of Lots for Westover Terrace, said Plan being recorded in Plan Book 7, Page 11, in
the Recorder of Deeds Office for Cumberland County, Pennsylvania and known as 92 Carol
Place. Attached hereto, marked Exhibit "A" and incorporated herein by reference thereto is a true
and correct copy of a "Commitment Letter" dated March 6, 2006 issued by Bank to Cody A.
Carbaugh.
4. As a condition precedent to Bank loaning to Cody A. Carbaugh the sum of one
hundred twenty-six thousand dollars ($126,000.00) as set forth in Averment 3 hereof, the
"Commitment Letter" (Exhibit "A") required that Bank be given as collateral a mortgage which
was to be a first lien on a tract of real estate situate in the Borough of New Cumberland,
Cumberland County, Commonwealth of Pennsylvania, being Lot 10 and part of Lot 9 on a Plan
1
of Lots for Westover Terrace, said Plan being recorded in Plan Book 7, Page 11, in the Recorder
of Deeds Office for Cumberland County, Pennsylvania and also known as 92 Carol Place.
5. Furthermore, as a condition precedent to Bank loaning to Cody A. Carbaugh the
sum of one hundred twenty-six thousand dollars ($126,000.00) as set forth in Averment 3 hereof,
the "Commitment Letter" (Exhibit "A") required that Cody A. Carbaugh provide the Bank with
title insurance issued for the protection of the Bank insuring that the mortgage to be granted to the
Bank referred to in Averment 4 of this Complaint be a first lien on a tract of real estate situate in
the Borough of New Cumberland, Cumberland County, Commonwealth of Pennsylvania, being
Lot 10 and part of Lot 9 on a Plan of Lots for Westover Terrace, said Plan being recorded in Plan
Book 7, Page 11, in the Recorder of Deeds Office for Cumberland County, Pennsylvania known
as 92 Carol Place.
6. On April 14, 2006, the Bank did, in fact, loan to Cody A. Carbaugh the sum of
$126,000.00.
7. To evidence the loan made by the Bank to Cody A. Carbaugh of one hundred
twenty-six thousand dollars ($126,000.00), on April 14, 2006, Cody A. Carbaugh, as obligor,
executed in favor of the Bank, as oblige, a "Promissory Note", a copy of which is attached hereto,
marked Exhibit "B" and incorporated herein by reference thereto.
8. On or about April 14, 2006, Cody A. Carbaugh acquired title to the tract of real
estate situate in Borough of New Cumberland, Cumberland County, Commonwealth of
Pennsylvania, being Lot 10 and part of Lot 9 on a Plan of Lots for Westover Terrace, said Plan
being recorded in Plan Book 7, Page 11, known as 92 Carol Place, for the purchase price of
$140,000.00 by virtue of a "Deed" dated April 14, 2006 and recorded in the Recorder of Deeds
Office in and for Cumberland County, Pennsylvania on April 25, 2006 in Deed Book 274, Page
861. Attached hereto, marked Exhibit "C" and incorporated herein by reference thereto is a true
and correct copy of the "Deed" dated April 14, 2006 and recorded in the Recorder of Deeds
Office in and for Cumberland County, Pennsylvania on April 25, 2006 in Deed Book 274, Page
861, for the property known as 92 Carol Place.
9. On or about April 14, 2006, to secure and to collateralize the liability of Cody A.
Carbaugh to the Bank on account of the "Promissory Note" (Exhibit `B"), Cody A. Carbaugh, as
mortgagor, executed in favor of the Bank, as mortgagee, a "Mortgage" for the face amount of
$126,000.00, which was recorded on April 25, 2007 in Record Book 1947, Page 4876.
10. Attached hereto marked Exhibit "D" and incorporated herein by reference thereto
is a true and correct copy of the "Mortgage" for the face amount of $126,000.00 which was
recorded on April 25, 2007 in Record Book 1947, Page 4876, executed by Cody A. Carbaugh, as
mortgagor, in favor of the Bank, as mortgagee.
11. While Page 2 of the "Mortgage" (Exhibit "D") refers to Lots 10 and part of Lot 9
on a Plan of Lots for Westover Terrace, Borough of New Cumberland, Cumberland County,
Pennsylvania known as 92 Carol Place as the property which is subject to the lien of the
"Mortgage" (Exhibit "D"), the description attached as Exhibit "A" to the "Mortgage" (Exhibit
"D") describes Lot 8 and part of Lot 9 on a Plan of Lots for Westover Terrace, said Plan being
recorded in Plan Book 7, Page 11, situate in Borough of New Cumberland, Cumberland County,
Pennsylvania known as 83 Carol Place, as being subject to the lien of the "Mortgage" (Exhibit
«D„
2
A
12. Contemporaneously with Cody A. Carbaugh acquiring Lot 10 and part of Lot 9
on a Plan of Lots for Westover Terrace, said Plan being recorded in Plan Book 7, Page 11, situate
in the Borough of New Cumberland, Cumberland County, Pennsylvania, known as 92 Carol
Place for $140,000.00, Cody A. Carbaugh also acquired Lot 8 and part of Lot 9 on a Plan of Lots
for Westover Terrace, said Plan being recorded in Plan Book 7, Page 11, situate in the Borough of
New Cumberland, Cumberland County, Pennsylvania, known as 83 Carol Place, for the purchase
price of $417,000.00 by virtue of a "Deed" dated April 13, 2006 and recorded in the Recorder of
Deeds Office in and for Cumberland County, Pennsylvania on April 25, 2006 in Deed Book 274,
Page 857. Attached hereto, marked Exhibit "B" and incorporated herein by reference thereto is a
true and correct copy of the Deed dated April 13, 2006 and recorded in the Recorder of Deeds
Office in and for Cumberland County, Pennsylvania on April 25, 2006 in Deed Book 274, Page
857.
13. Principal Settlement Services, LLC is a limited liability company organized
and existing under the laws of the Commonwealth of Pennsylvania with its principal place of
business at 341 Science Park Road, Suite 202, State College, Pennsylvania.
14. In 2006 and at all times relevant to the events set forth in this Complaint,
Principal Settlement Services, LLC was an authorized agent and representative of Defendant.
15. Principal Settlement Services, LLC, as an authorized agent and representative of
Defendant and on behalf of Defendant, conducted the settlements by which Cody A. Carbaugh
acquired on April 14, 2006: (a) 92 Carol Place, being the tract of real estate situate in Borough of
New Cumberland, Cumberland County, Commonwealth of Pennsylvania, being Lot 10 and part
of Lot 9 on a Plan of Lots for Westover Terrace, said Plan being recorded in Plan Book 7, Page
11, by virtue of a "Deed" dated April 14, 2006 and recorded in the Recorder of Deeds Office in
and for Cumberland County, Pennsylvania on April 25, 2006 in Deed Book 274, Page 861, for
$140,000.00; and (b) 83 Carol Place, being the tract of real estate situate in Borough of New
Cumberland, Cumberland County, Commonwealth of Pennsylvania, being Lot 8 and part of Lot 9
on a Plan of Lots for Westover Terrace, said Plan being recorded in Plan Book 7, Page 11, by
virtue of a "Deed" dated April 14, 2006 and recorded in the Recorder of Deeds Office in and for
Cumberland County, Pennsylvania on April 25, 2006 in Deed Book 274, Page 857, for
$417,000.00.
16. Principal Settlement Services, LLC, as an authorized agent and representative of
Defendant and on behalf of Defendant, attached the description to the "Mortgage" (Exhibit "D")
and recorded the "Mortgage" (Exhibit "D").
17. Principal Settlement Services, LLC, as an authorized agent and representative of
Defendant and on behalf of Defendant, also recorded the "Mortgage" (Exhibit "D").
18. At the time of the settlements referred to in Averment 15 of this Complaint,
Defendant's authorized agent and representative, Principal Settlement Services, Inc., was fully
aware that Bank was to procure a first mortgage lien on the tract of real estate, situate in the
Borough of New Cumberland, Cumberland County, Commonwealth of Pennsylvania, being Lot
10 and part of Lot 9 on a Plan of Lots for Westover Terrace, said Plan being recorded in Plan
Book 7, Page 11, known as 92 Carol Place.
19. Principal Settlement Services, LLC, as an authorized agent and representative of
Defendant, was under a duty to provide Bank with a "Mortgage" which granted to Bank a first
lien on the tract of real estate, situate in Borough of New Cumberland, Cumberland County,
3
Commonwealth of Pennsylvania, being Lot 10 and part of Lot 9 on a Plan of Lots for Westover
Terrace, said Plan being recorded in Plan Book 7, Page 11, known as 92 Carol Place.
20. On April 25, 2006, Principal Settlement Services, LLC, as an authorized agent
and representative of Defendant and on behalf of Defendant, issued and delivered to Bank a title
insurance policy being Policy #63645389, a copy of which is attached hereto, marked Exhibit "F"
and incorporated herein by reference thereto.
21. The title policy (Exhibit "F") insured that the "Mortgage" (Exhibit "D") was
a first mortgage lien on a tract of real estate, situate in Borough of New Cumberland, Cumberland
County, Commonwealth of Pennsylvania, being Lot 8 and part of Lot 9 on a Plan of Lots for
Westover Terrace, said Plan being recorded in Plan Book 7, Page 11, known as 83 Carol Place,
and not on Lot 10 and part of Lot 9 on a Plan of Lots for Westover Terrace, Plan Book 7, Pagel 1,
Borough of New Cumberland, Cumberland County, Pennsylvania, known as 92 Carol Place.
22. The title policy (Exhibit "F") also insured Bank for the sum of $126,000.00.
23. As of the date of this Complaint, the following is priority of the various liens on
the following tracts of real estate situate in Westover Terrace, Borough of New Cumberland,
Cumberland County, Pennsylvania:
ADDRESS 83 CAROL PLACE 92 CAROL PLACE
LOT # 8 and part of Lot 9 10 and art of Lot 9
PLAN BOOK Book 7 Page 11 Book 7 Page 11
MUNICIPALITY Borough of New Cumberland Borough of New Cumberland
COUNTY Cumberland Cumberland
DEED Book 274 Page 857 Book 274 Page 861
FIRST MORTGAGE Lehman Brothers Bank FSB, Lehman Brothers Bank FSB,
mortgagee- Mortgage for mortgagee- Mortgage for
$417,000.00 dated 4/13/2006 $417,000.00 dated 4/13/2006
and recorded on 4/25/2006 in and recorded on 4/25/2006 in
Record Book 1947 Page 4842 Record Book 1947 Page 4842
SECOND MORTGAGE Lehman Brothers Bank FSB, Lehman Brothers Bank FSB,
mortgagee- Mortgage for mortgagee- Mortgage for
$123,000.00 dated 4/13/2006 $123,000.00 dated 4/13/2006
and recorded on 4/25/2006 in and recorded on 4/25/2006 in
Record Book 1947 Page 4866 Record Book 1947 Page 4866
THIRD MORTGAGE Commerce Bank/Harrisburg, Commerce Bank/Harrisburg,
N.A., mortgagee- Mortgage N.A., mortgagee- Mortgage
for $126,000.00 dated 4/ 14, for $126,000.00 dated 4/ 14,
2006 and recorded on 2006 and recorded on
4/25/2006 in Record Book 4/25/2006 in Record Book
1947 Page 4876 1947 Page 4876
24. On or about June 15, 2006, Bank learned for the first time that Bank did have a
lien against Lot 10 and part of Lot 9 on a Plan of Lots for Westover Terrace, Plan Book 7,
Page11, Borough of New Cumberland, Cumberland County, Pennsylvania, known as 92 Carol
Place, and that Bank did not have a first lien against Lot 8 and part of Lot 9 on a Plan of Lots for
4
Westover Terrace, Plan Book 7, Page11, Borough of New Cumberland, Cumberland County,
Pennsylvania, known as 83 Carol Place.
25. On or about July 7, 2006, as required by Paragraph 3 of terms and provisions of
the title policy (Exhibit "F") entitled "NOTICE OF CLAIM TO BE GIVEN BY AN INSURED
CLAIMANT, Bank timely notified Defendant in writing of the existence of a claim in favor of
Bank under the title policy (Exhibit "G") and also submitted to Defendant a written "Proof of
Loss and Damages" pursuant to Paragraph 5 of the terms and provisions of the title policy
(Exhibit "F") entitled "PROOF OF LOSS OR DAMAGE".
26. Attached hereto marked Exhibit "G" and incorporated herein by reference the
written notice of loss and the "Proof of Loss and Damages" referred to in Averment 25 hereof.
27. Despite the submission of the "Proof of Loss and Damages", Defendant has not
paid to Bank the sum of $126,000.00 required to be paid to Bank pursuant to the terms of the title
policy (Exhibit "F").
28. Principal Settlement Services, LLC, as an authorized agent and representative of
Defendant, was under a duty to provide the Bank with title insurance that insured that the Bank
would have a first lien on Lot 10 and part of Lot 9 on a Plan of Lots for Westover Terrace, Plan
Book 7, Page11, Borough of New Cumberland, Cumberland County, Pennsylvania.
29. As of May 1, 2007, Cody A. Carbaugh is obligated to Bank on account of the
"Promissory Note" (Exhibit "B") for the following amounts:
A. Principal $126,000.00
B. Interest $ 12,117.01
C. Late Charges $ 529.73
D. Total $138,646.74
30. The fair market value of Lot 10 and part of Lot 9 on a Plan of Lots for Westover
Terrace, Plan Book 7 Pagel 1, Borough of New Cumberland, Cumberland County, Pennsylvania,
known as 92 Carol Place is $140,000.00.00.
31. The fair market value of Lot 8 and part of Lot 9 on a Plan of Lots for Westover
Terrace, Plan Book 7 Pagel 1, Borough of New Cumberland, Cumberland County, Pennsylvania,
known as 83 Carol Place is $417,000.00.
32. As a result of the facts set forth in Averments 23, 29, 30 and 31 there is no equity
in either Lot 10 and part of Lot 9 on a Plan of Lots for Westover Terrace, Plan Book 7, Pagel 1,
Borough of New Cumberland, Cumberland County, Pennsylvania, known as 92 Carol Place, or
Lot 8 and part of Lot 9 on a Plan of Lots for Westover Terrace, Plan Book 7, Pagel 1, Borough of
New Cumberland, Cumberland County, Pennsylvania, known as 83 Carol Place, for the Bank to
effectuate any recovery on its "Mortgage" (Exhibit "D").
COUNTI
NEGLIGENCE
33. Averments 1 through 32 are incorporated herein by reference thereto as well as
Exhibits "A" through "G" hereof.
5
34. At all relevant dates and times set forth in Averments 1 through 32 hereof,
Principal Settlement Services, LLC was the authorized agent and representative of Defendant and
all actions and conduct of Principal Settlement Services, LLC as alleged in the Complaint were
authorized by Defendant.
35. The conduct and actions of the Defendant's authorized agent and representative,
Principal Settlement Services, LLC described in Averments 15, 16, 17, 18 and 20 of this
Complaint was negligent.
36. As a result of the negligence of Defendant's authorized agent and representative,
Principal Settlement Services, LLC, the Bank suffered a loss of $138,646.74 as set forth and
detailed in Averment 29 hereof.
WHEREFORE, the PLAINTIFF, COMMERCE BANK/'HARRISBURG, N.A.,
prays Your Honorable Court for Judgment in favor of the PLAINTIFF, COMMERCE
BANK/HARRISBURG, N.A., and against the DEFENDANT, UNITED GENERAL TITLE
INSURANCE COMPANY, for the sum of $138,646.74 plus interest from May 1, 2007 at the
rate set forth in the "Promissory Note" (Exhibit "B") plus costs of suit.
COUNT II
BREACH OF CONTRACT
37. Averments 1 through 32 are incorporated herein by reference thereto as well as
Exhibits "A" through "G" hereof.
38. On April 14, 2006, Cody A. Carbaugh paid to the Defendant's authorized
agent and representative, Principal Settlement Services, LLC, the title insurance premium, being
$1,278.75, for the cost of the title insurance policy (Exhibit "F") that was issued to the Bank by
Defendant's authorized agent and representative, Principal Settlement Services, LLC.
39. As the authorized agent and representative of Defendant, Principal Settlement
Services, LLC was authorized by Defendant on April 14, 2007 to collect for Defendant the title
insurance premium referred to in Averment 38 hereof for the benefit of Defendant.
40. On or about April 25, 2006, Principal Settlement Services, LLC remitted to
Defendant the title insurance premium referred to in Averment 38 hereof.
41. Plaintiff gave timely written notice to Defendant of the existence of a claim in
favor of the Bank against the Defendant and furnished the Defendant with good, sufficient, due
and satisfactory proofs of the loss and claim (See Exhibit "G").
42. The Defendant is obligated to pay plaintiff the sum of $126,000.00, which is the
amount of the insurance coverage provided to Bank under the title policy (Exhibit "F").
43. Despite repeated requests, Defendant has failed and refused and still refuses to
pay Plaintiff the sum of $126,000.00 or any part thereof.
6
STATE OF PENNSYLVANIA
COUNTY OF %, J
SS:
Before me, a Notary Public, in and for the said County
and State, personally appeared Angela Masser, who, being duly sworn
according to law, doth depose and say that she is a Vice President
of Commerce Bank/Harrisburg, N.A, a banking organization organized
and existing under the laws of the United States of America and
registered to do business in the Commonwealth of Pennsylvania, and
that as such officer is authorized to make this Affidavit on behalf
of Commerce Bank/Harrisburg, N.A., and that the facts set forth in
the foregoing document are true and correct to the best of her
knowledge, information and belief.
kL)
Sworn and Subscribed to
before me this a3 day
o f C?
Notary Public
co Mavw NTH F
NOTARIAL SEAL
LINDA M. WOLF, No'y Pubk
Cky of York, Yak Cou 4
Ma 22, 1
My Comrftjon 3
COMMERCE BANK/HARRISBURG, N.A.
4! 'A-,.f4u'O,)Mt.w,
EXHIBIT "A"
'9 1
( ('ritrncrCC Bank I Iarrl1L;lr_. '?.,\ 1.. ?„I• \. t ,n?_'t
C amp Hill. PA i nl 1
"ltl ??1(1 ,? I.!'f ::'i (',trt?l Pi.lcl
Ilc;u' %hhbca tI(s)
\1 c .!r.: hI61Sed In mfnrm ' ,n lief! ',,?u! :Ihnl!c:,i'i??;t '? , ,: n„ir!_;i_i: It,c i,:i,l
conditionally;Ipprmed. :\ec rduicl.. Ihl, :n<;!nrcoal ,here %o:: Inc
dc!ailed heln'.x'
This offer may he accepled by ym onlc by wVQg and rc(ummg to ietier COO nNmn
( 15) days oi,thr da(c of This Icllor
:\ficr you accept (his offer. it will he an agreement helue.ell this r.rndCr and %01I. Ail:,'
other agreement Ihet may e.xhi A replaced by this agreement. NO ehanec m We terms I„
cnnditmn ol'this agreement shall he clRun.c. nor l.ciil it hind this insultuiorl ru an'. '.\ a'•.
Was the change ism writing and A Pped byan olfccr of the Lender. The terms and
conditions are set forth below. if you do not convoy "Ah anv nnc or more of We terms
or if anv one or more of the conditions are not fulfilled. then this L endcr \? ill not be
required (O make this nx>rtgagc loan to apu.
CONS%ENTiON:kl, AD.IUSTABi..F, RATE MORTGAGE.
ITR\I
INTEREST RATH: PRI\.Ir ..
INTFREST
S %
RFAK KSTATE TAN S FSURC)" ':'. ',,!\ i!1)
II \7.:\RD I\`('RA\('I !:?( -(-i''. M)
\IOR fGAGI[ INSI RANI is
1)ISC01 :NT 1:FF
sI2w ;)t)Il PoIrIll
CONDITIONS TO BE SATISFIED ,A F SK l-I-F.-NI :`l"
BORROWEMY TO PRO"DE:
:1 .F:.
OF I-IOMHO \*NFRS INS( RAV I: I ISTitfi r'O`•.I\iF:R('H ii
HR(, . N.A AS \1ORTC0\(,I:I'..-` AND A P:\ID RF(TH"ii
k Ft T.I.1 TED \I)DP.\I) \I TO S \L.F.S CONTRA( I I t '..ir W1\(, '
(AR". MACE
CLOSING AGENT O PRO\"iDE:
NO SI_'BORDIN,•\TE I:1\,1`Y IV(
CASH BACK "i'O BORRO"TRS WK NOT E\C'EED 01
'I..I._1' E\CCI)TLD FINAL APP1.,1("'A'1-IO\.
RELEASE OF ALI UENS \G \INYr 9 1115177 PROPERTY
HUD-1 TO EVIDENCE `I:.1 I_ER PAID CI OSI`:C-COSTS ".\lm-1I \IA', \OI
I?\( 1=1?D \( -i t'.11. (" OS I S \ND \I \', iJE \Pi'I IED \S F(il ':
EXHIBIT "A"
I'll Is Coln ltt l l loent \t 111 CWAv 1111 h. 24 no if- for xI'. IcasOn OIL: Cl'', In
11,11 occur hv that time. Ihc. ,hh atlons of this nlslunllon in lhUS ,.,,nnol c 1 c,. I 11:1%
any QA farce or cl•fec!. W i>; a"wn of (hln comno inlcnl t I '. h._ a IOUs !h
rl;scrc:Ion nl,lhts nlstilutioll
?I IhIs CnlnmIt Ill ell l Is to I,C a:tin(1Cd Ih)s rltsuunWin I!I II:' IhC !'I_hI ! iAIICC an.,
0I ICrmS sl,cciliCil :Iho%, , UIClnr;ill ;_ the III!crc?l r;IIi.•
ACC URACY Of N OUR A11I'll,IC.k ION
I IIIS offcr and asreernenl are made In rciiar.ce oil the ,accurtc" :nnl conollcICnc,S r,l all
InlnrraIion suhnlifled In \.ollr loan application \ ._,nficatii,n of IhC <:nmpletcncss:InIJ
ICCIIrIcy, of all such noo'ntation I. a prccnndlti,ll, !„ an% nhllali;,n ,,I, 111C ;,;I!-! of (111t,
ntSUln:ri)n.
NO SECONDARY FINANCING
1'11!1 now not Inc scovidar`. Iina nclnc in addinr,n ; , tiolll loan 1,1311; tills 1 i"Ildcr I"
'.0111l,l,:IC the purchase o1 the prnpcrl,' dcscrlbcd irho%'c trlllcss it IS appro` t:d Ill •%ntin h.,
an officer of this Lender prinr Ir, the closim n(vnur loan II-a rtsacii'm
lKNDS FOR CLOSING
\1 file Linz: ofclosing.. you must he prepared to pmtule WW I fund; In pp for to
(Dummy: the balance of Ac purchase price, Monism v.ilh Mc'Wicr Me I_cncler's
leeal fees. cods of title examination and n!hcr clos l-IL costs. tax and, insurance c?n,rc
lClutsus. pluS any dlSCOUTI! (CC For the csl n i ecl tlnlounl of Ihcsc (cc.; ;InIJ -..pCnscs,
please refer to the Good Fallh 1- turta(C a.hlch has h(xll pro, Oct! r \c,n. I he f11 ds oil
piotitl,_ must he in cash nr in the I'orm of a eernfic;`. check or hank ::heck
HAZARD INSURANCE COVERAGE,
I mess &IS instil anon gives you a \.vriftcn `.,:n`. cr of :ills rcquiremcnl• o w d! St,
quired t„ pay your Iil:sl vcar'S ha/art! InSurar.cc lUennunl befr,rc Illy cloC.Ine :\licr Ih;a
1-1111. 'his lender has me ri+_hl I.., rcqu:rc you to nl,ike M„n,hlY 7nt-,\'.- na`,^ny" in „rf';.
., „et :Im,tl.l! rcllc,. ' ?I1t I- t,.., 11,: ', 11„ elll,l, - ,I 7 ,. -:I! ..
he Inrnl .,1 :I ;n , I,,'h:- c: rI:l Ir,: r n I _':r_.'
, :;1d II ica1. Cqu Il II,c _ .'. li' .:IL•l: I--I' ..1-
111paid prnu_Ipal halan r k v ort Y as n _ ,I. a ci , r,ur,Im n :mt, all
e\;uircd to compensuc for djmd c + i Wr ,n I ac .nttrnl c:osl I rc po, 1, \ nu"
na n ` -( 0i\I\1Ef2( - BANK. Ii:\RRItil3HUY \2"S ncccsrr,r'"ind :I::.qw. a,
Il)Cir ntlcresl may. appear' as lira nlorleaece at I;?Ii "Cnaic ,\, cnur. ( alr:) Bill. 1' \
_n I 1
I he Insurant-C colllpan\ hl!til h;l`,'r III !Clsi a I3 '_cncral pollc',hI'I:,IC'', r;.lilltL a;A I
financial o/C catcuon of III in I csl's Key I:al:n reside. ',1'c ., it acccpt a-, alt ,II Crna! .,
,:o\'Cra_:c written by. a carrWr th o as an :\ general polic%holdcr's !anmu I ills iast;!r.inr:
ill also accept co,'erauc films L.lovd'S r,f I..\.,ndon. i••c l (hough I! haS 110 Best r:::111,L! `d
under a F AM plan if d is the wil, costal; Ilta can he ohlaine,l at rcn c whlc,:w
flu: hazard insurance. police or i,lndcr nonce slat: the RcsCs ralln : of the ;"loin;',
NTLE INSURANCE.
Before we closing of INS loan the afOrnev for this Lender r\• Ili Cx Imail ill._: n;lt I:, the
prnltcrr I-COrred to ahot'e. This instin.ltion `.t ill hate no ohhi anon II, closC !Ills I -all
unlesm in the npinion of in altonw. von "A hie .u the lint; We morig4c n recorded.
;;nod, clear record. marketable title to the mortgagM prnp;rt.:. hhlS mum Ihal '"Ir lili_'.
must. with the exception of the mongaen he it-CC of all liens. cnclunhrancc,? and dcf::cr<
`., hick m the sole discr;lion of Ibis Lender and on auomq, tiould make the pi-muro oil
Imprudent nlyestinenl. In addition. the property nn S1 he in full cnnll?ilancc `., ills all
lomWing. zoning and other applicable gocer-nnncntal rcgul nuns and all loan i0cumcnis
mull h; approved h_a' Ibis LCTUICI'S ath?rncv 116010 Ihlr L.endcr s I L eel n clo,c '. on;
Iran.
)'OUR RESPONSIBILITY FOR CLOSING
11 file closln_e of this loan transaction I;uls (c) occul ,.,I.I q;rCC ;? h_? r;; ,;l„,i?,,,hi; I, •r I',I
lepI Ices and other expenses of-(his m,znIulinn lilac arc incurred aQ ;1 rc ui! ul l„ncc ;
this Inan. For file estimated amount Of ihesc fm and costs. please Icier Io the (.ro!r(I F,wIl
Gslimale \011C.h has alread-.' been mailed to vow. You ,% III not he rc.,ponslhlc for Ihesc
fees and costs if the Failure to close is due to the L.cnder's failtur;: if, conlplv'Auh its
I'milenls set Forth in this conlnliurenl.
I'hanl< you very much for till', npporuiml;, to h:_ of iCI'VICe. If', CU 118, C an%' clucs'inns
c.I,IICCI nIIIL vour ioan. p!case do not hc.tiumc In call our ol-ficc.
Sim Crci'..
I o I(CCIII fllk of Ter of if morlu:lu: loan, please',i_'n !1115 Iclicr II; the spaces ;,r„. ;d! (i
hc!cm WIlcil %oil sign V0,11 IlailC. :• ul atuL„rcc !his f t:n;{cr I., :l;,rl %Aor!.:
11cl:c5sm\ li,r the Iran ;r;ln5,te(I„n
EXHIBIT "B"
PROMISSORY NOTE
pfl
;Pltc Laan':f]i?xa Nlturi;y Loan N4 aii t col? Accattn# . CQI traits€
.
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing - * * " has been omitted due to text length limitations.
Borrower: CODY A. CARBAUGH (SSN: 159-62-6119)
551 BISHOP AVENUE
CHAMBERSBURG, PA 17201
Lender: COMMERCE BANKIHARRISBURG N.A.
RESIDENTIAL MORTGAGE
100 SENATE AVENUE
CAMP HILL, PA 17011
(717) 975-5630
Principal Amount: $126,000.00 Initial Rate: 8.750% Date of Note: April 14, 2006
PROMISE TO PAY. I ("Borrower") promise to pay to COMMERCE BANK/HARRISBURG N.A. ("Lender'), or order, in lawful money of the United
States of America, the principal amount of One Hundred Twenty-six Thousand & 00/100 Dollars ($126,000.00), together with interest on the
unpaid principal balance from April 14, 2006, until paid in full.
PAYMENT. I will pay this loan in one principal payment of $126,000.00 plus interest on April 14, 2007. This payment due on April 14, 2007,
will be for all principal and all accrued interest not yet paid. In addition, I will pay regular monthly payments of all accrued unpaid interest due as
of each payment date, beginning May 14, 2006, with all subsequent Interest payments to be due on the same day of each month after that.
Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to
any unpaid collection costs; and then to any late charges. Interest on this Note is computed on a 301360 simple Interest basis; that Is, with the
exception of odd days in the first payment period, monthly interest is calculated by applying the ratio of the annual Interest rate over a year of
360 days, multiplied by the outstanding principal balance, multiplied by a month of 30 days. Interest for the odd days is calculated on the basis
of the actual days to the next full month and a 360-day year. I will pay Lender at Lender's address shown above or at such other place as
Lender may designate in writing.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index
which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal. If a range of rates is published, the highest will be
used. (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans, If the index becomes unavailable during the
term of this loan, Lender may designate a substitute index after notifying me. Lender will tell me the current Index rate upon my request. The
interest rate change will not occur more often than each day. I understand that Lender may make loans based on other rates as well. The Index
currently Is 7.750% per annum. The interest rate to be applied to the unpaid principal balance during this Note will be at a rate of 1.000
percentage point over the Index, rounded to the nearest 0.125 percent, resulting in an initial rate of 8.750% per annum. NOTICE: Under no
circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Unless waived by Lender, any
increase in the interest rate will increase the amounts of my Interest payments.
PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded to
me upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, I may pay
without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve
me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due. I
agree not to send Lender payments marked "paid in full", "without recourse", or similar language. If I send such a payment, Lender may accept
it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to Lender. All written
communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes
"payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be
'mailed or delivered to: COMMERCE BANK/HARRISBURG N.A., RESIDENTIAL MORTGAGE, 100 SENATE AVENUE, CAMP HILL, PA 17011.
LATE CHARGE, If a payment is 15 days or more late, I will be charged 5.000% of the regularly scheduled payment.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by
adding a 2.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate
change that would have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue
after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum
interest rate limitations under applicable law.
DEFAULT. I will be in default under this Note if any of the following happen:
Payment Default. I fail to make any payment when due under this Note.
Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in
this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender,
Default In Favor of Third Parties. I or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales
agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of my property or my ability to
repay this Note or perform my obligations under this Note or any of the related documents.
False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related
documents is false or misleading in any material respect, either now or at the time made or furnished.
Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment
for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws.
Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender
has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if l dispute in good faith whether the
claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender
with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect {including failure of any collateral
document to create a valid and perfected security interest or lien) at any time and for any reason.
Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft,
substantial damage or destruction is not covered by insurance.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its
EXHIBIT "B"
PROMISSORY NOTE
Loan No: 33332241 (Continued) Page 2
option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty
in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same
provision of this Note within the preceding twelve (12) months, it may be cured if I, after receiving written notice from Lender demanding
cure of such default: (1) cure the default within fifteen (151 days; or (2) if the cure requires more than fifteen (15) days, immediately
initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all
reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal
balance under this Note and all accrued unpaid interest immediately due, and then I will pay that amount.
ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. I will pay Lender that amount.
This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and
appeals. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law.
GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of
the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Note has been accepted by Lender in the
Commonwealth of Pennsylvania.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether
checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future.
However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize
Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts,
COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage or
Deed of Trust to a trustee in favor of Lender on real property located in CUMBERLAND County. Commonwealth of Pennsylvania.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and
assigns, and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate
information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to
us at the following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING PO BOX 1195 CAMP HILL, PA 17011-1195.
GENERAL PROVISIONS, If any part of this Note cannot be enforced, this fact will not affect the rest of the Note, Lender may delay or forgo
enforcing any of its rights or remedies under this Note without losing them, I and any other person who signs, guarantees or endorses this
Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this
Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or
endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of timel this
loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such
parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification
is made. The obligations under this Note are joint and several. This means that the words "I", "me", and "my" mean each and all of the
persons signing below.
PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST
RATE PROVISIONS. I AGREE TO THE TERMS OF THE NOTE.
I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
X1 T;ZT ?. _ (Seal)
COD,". CARBAUGHJ,
LASEA P -dms, V bALm00a C w airy -- 9.W.o n[ ,191. 1— .0 Pq,.n Rrr - . OA h ?w,w/.ws.LPw'ie,crMn.oxa IC -11- -II
EXHIBIT "C"
JUN-15-2006 15:21 FROM:CUMBERLAND
I3s t? I?
I'mVaid by:
Fidddlly O mng 5er nect, Mc 2096 WR 25 PSI 12 35
141 Wenb Serena Park Rw, Suffc 2o3
Stets Cessna, FA 1 W3
Ronan to
FWQv Ckeiut Savioos, LLC
341 MMh SpatoeParkR06d, SUke 203
S. Cotfom PA 16MI
WnTmty Deed
Thi's Indenture
T0:18667327243 P:5'8
M$de this /</" day of C ; / , in the yUrtwo thouWA shr (2005).
BEt11VP.irf1 C1401CE ONE COWANfES, INC, potty oftberm part,
GRANTOR
-and-
CODY A. CARBAUGja a tingle man, of New Cumberland 13omugb, Cumbalutd
County, Pennsylvania, pang oftha second pelt;
G12AiNTEE
Witnesseth, that inconsideration of ONE HUNDRED FORTY THOUSAND
AND NOI100 (S 140,000,00) DOLLARS. in Iseult paid, the receipt whereofis hereby
acknowledged, the said grantor does hereby ,grark and convey to the said grantee, his heirs
and assigns;
ALL that certain plea or parcel of land situate in the Borougb of new
Cumberland, County of Ctmtberland and Commonwealth o0avasylvante, more
particularly bounded and dacribed as follows, to wit:
PARCEL #2:
BEGMING at a point on the northern side of a cal-de-sae at the end of Carol
Plato at rho southcastem corner of lauds of Gene ). and Eiiztbeth Tonto; thence
by raid Trim land, North ihlrty-six (36) deE = fifty-six (56) minutes thirty (30)
seconds East, a distance of one hundred mventy-coven and twenty-eight
hundredths (177.28) Feet to a point at land of tbo Pamsylvaaoik Wroad Compw,
tbeim by said land ofthe Petmsylvaria Railroad Company, South tbm -one (41)
degrees tweary one (21) minutes East, a distance ofone htmdrad twenty dvro and
thirteen hundredths (122.13) foot to a point; thence stiff along land of the
Pennsylvania Railroad Compemy, South thirty-two (32) degrees fifty-eight (58)
minutes East, a distance of one hundred twenty-six and fifly-tagbt baadredths
1
1 % ll
?Itl 'S
A
Wait 274 'E 861 o^ P.
t ~
> S
EXHIBIT "C"
JUN-15-2006 15:22 FROM:CUMBERL.AND
TO:18667327243 P:6/8
(126.56) feet to a point at land of Mmttt R I,ongneolu , those by 44id
Lonpmckor tend, Sowh aineteeo (19) degrees thirteen (13) minutes West, a
distance of eigbty-two and Wsk hundre tb (82.56) feet to a point at land of
Claud H. Steigeranlt, Jr. and Esther N. Staigertvdt, Ids wife; them by said
Steigetwalt land, North seventy (70) degrees forty-seven (47) min=1 West, a
distance of one hundred (100) foot to a point; tbenee still along said 9telgetwtitt
land, North seventy (70) degrees AM-seven (47) tahmes war, a distw= of one
hundred twenty-theeandCartyhundtnd S(123.40)fcmthent:eabViltecui4a.
sac at the end of Carol Place in a Northwestwartlly direction by a ourve to the left
having it radius of fifty (50) feet, an art distance of sixty-eight and forty-sot
hundredths (68,46) feet to a point at land of Goo A and Elizabeth Trian a, the
place of beginning
BUM in pan all ofLot No. 10 and the rttanirder ofLot No. 9 on a Piro ofLots
for Westover Terrace recorded in Cumberland County Plan Book 7, Page 11,
together with a portion of the land acquired by previous gnuftts In Cumberland
County Deed Book 'A". Vohrme 21. Page 942.
UNDER AND SUBJECT to all restrictions, mss, covenants, eortditio>ffi and
agreements of record.
Parcel IdcaUcadon Number 26-22-0620.102
BEING the acme premises which Elizabeth J. Ttiano. Trustee, of the Gene J,
Triama Living Trust, and Elizabeth J. Trisao, Trustee of The Elisabeth J. Trim
LMng Trutt, widow. by Hoed dated and recorded conteagwa aaara harewhh in
the Office ofthc Recorder ofDeeds in and fiar Clambertaad County in DW Book
Volume at Page , granted and conveyed unto doles, me mnisw imt,
inc.
AJ..SO EM NO a portion afthe same prep iaet svhiclt geese J. Triaw and Eizabeth
' nano, a/k/a Elizabeth J. Triwo, husband and wifb, by Dcod dated Marah2, 2001
and recorded March 7, 2001 in Ctttrtbaland Conzdy in Deed Book Vohtme 2,40 at
Page 614, granted and cortveyad onto pens J. Triano and Elizabeth J. TAM,
Trustety, or thou successors in trust under the Gene j. TAM I.ft Ttwt, dated
March 2, 2001 and any w*endmcr43 tbcreto sad Etzabath J. Tt{ano and Gene J.
Trieno, Trustees, or their snooessora in trust under the VbAbcth J. Triano Living
Taut, dated March 2, 2001 aed any smandments tbemo.
VNDSR AND $UBMCT to all rottric6ons, sawments, covenants, eor d SON Wtd
agreements of record.
The Scrivener of this deed is in no way certifying the status nftitle nfthe ahnvr. prv n+iers
teed has not searched the records pettsi ft tbeeto.
MY 274 PACE 862
JUN-15-2606 15:22 FROM:CUMBERLANO 70:18667327243 P:7/8
Together with all And sinPW the %Mwwuta, hmditatneaty and appurieesnm to the
$amobelonging, or in tnywiseappertaizft andiherrveisionand reveniom remsinderaed
remainders, rents. Issues and proft Owcot AND ,ALSO all for c0K right, title, interest,
property, claim and dcownd wbatsocM both im law and cquity, of the Ur, pmr, of, nr, to or
out of the said pre nines, and evay part and pucal thereof.
To Have and to Hold tltc maid psemisq, with all and singnlacthe apptutt.
unto the acid Grantee, his heirs and amsiom to red for the o*propar use and baboofofthe
Grantee, his hefts and assigns forever.
And the amid Grantor, ib heirs, waxWors, and administrators, do by these Monts,
covenant, gram and agree to and with the Grantee, his brain mad wsgpts„ that d w acid
GrAntor, its heirs, all and sinpuler the hartdita wow ad pretviees hv*n abvvm doscn'bW
and granted, or montWivA and handed me to be, with the apputtmmnces unto the said
Gramme, his heirs and astdgos, against the said Grantor, its bdrs, and splan all and every
other person or portions, whomsoever, lawf* claiming or to claim the same or any part
therooC sbatl and will, by these presents, WARRANT AND SPECIALLY FOREVER
DRFEND the property bew, b ooweyW,
In Witness Whered the said Grcntor has cauand its wrpotstt: meal to bo allured
to this irwivurnont by the hand of andthesawtobcd*
attested by its Secretary this ..1 dry of fArr 2006.
ATTEST: CHOICE ONE CObRANIM INC.
4;-Mzz?- By:_
(C orate seal) SKTetary ..
67
CERTIFICATE OF RESIDENCE
I hereby cratify, that the precise residua of the Gramee herein is as Nowa;
92 Carol Place
New Cumbe tied, PA 17070 t
.ursy rr Ass rr urwu
COMMONWEALTH OF PENNSYLVAM )
firm 274 PQ 863
JUN-15-2006 15:22 FRM CUMBERLPM 70:18667327243 P:B/9
COUNTY OF CJA41L?A'n G1
AL
on this the day of 2006, before me` the subscAm. s
nonry public p $*-wly appewed Cr' ,c v who
being duly swornaecord4to law, asys_ is a of
CHOICE ONIE COMPAN NS. QIG; tbot the Seal to ft foregoing iomuaxut is
the Mparate sal of tht: said CHOICE ONN COMMM4MM ]NG; that Wshe is
authorized to so Sign for said Grantor, NO thm haMt &Xmd d ft same for tiro ptn =
therein cortai md.
IN WITNESS WHMREOF, I have hersuato at my had Rod of dal seal.
-1.. L I ?1" la a
-?
troiRry itivnc aw COMMONWEALTH OF PIE,NNSYLVANIA j
56:
COUNTY OF CUMBERLAND )
RECORDED io the 0frjcv oftheRncorder in and for Said County, in Record Book
Volutne No, , Page _
WITNESS my Hand aw Official Sal this day of 2006,
Recorder ofDeods
M 274 PAIGE 864
EXHIBIT "D"
135 i?r,
Parcel Identification
Number:
RECORDATION PA 12 35
REQUESTED BY:
COMMERCE
BANKMARRISBURG N.A.
RESIDENTIAL MORTGAGE
100 SENATE AVENUE
CAMP HILL, PA 17011
WHEN RECORDED MAIL
TO:
C.S- a cr'?
PRINC:IPL.:SETTL,EME T-SERVIC S.I.LC
341 NORTH SCIENCE-. PARK ROAD
SUITE 2O) Q
STATE COLLEGE. PA 16903
SENLj I AA NV I Iota I V:
COMMERCE
BANKIMARRISBURG N.A.
LOAN SERVICING
100 SENATE AVENUE
CAMP HILL PA 17011 FOR RECORDER'S USE ONLY
MORTGAGE
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 1 6.
IAI "Security Instrument" means this document, which is dated April 14, 2006, together with all Riders to this
document.
(B) "Borrower" is CODY A. CARBAUGH. Borrower is the mortgagor under this Security Instrument.
(CI "Lender" is COMMERCE BANKIHARRISBURG N.A. Lender is a Corporation organized and existing under the laws
of the United States of America. Lender's address is RESIDENTIAL MORTGAGE, 100 SENATE AVENUE. CAMP HILL,
PA 1701 1. Lender is the mortgagee under this Security instrument.
(D) "Note" means the promissory note signed by Borrower and dated April 14, 2006. The Note states that Borrower
owes Lender One Hundred Twenty-six Thousand & 001100 Dollars (U.S. 5126,000.00) plus interest. Borrower has
promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 14, 2007.
IEI "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(F) "Loan" means the debt evidenced by the Note, plus interest. any prepayment charges and late charges due under
the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower, The following Riders are to
be executed by Borrower [check box as applicable]:
Adjustable Rate Rider El Condominium Rider 1 1 Second Home Rider
Balloon Rider ; Planned Unit Development Rider Other(s) Ispecify]
1-4 Family Rider LI Biweekly Payment Rider
(H) J "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders Ilhat have the effect of law) as well as all applicable final, non appealable judicial
opinions.
(1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that
are imposed on Borrower or the Property by a Condominium association, homeowners association or similar
organization.
M "Electronic Funds Transfer" means any transler of funds, other than a transaction originated by check, draft, or
similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic
tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such form includes, but is
not limited to, PointOl-sale transfers, automated teller machine transactions. transfers initiated by telephone, wire
transfers, and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
IU "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third
party father than insurance proceeds paid under the coverages described m Section 5) tor; 10 damage to, or deslruc nnn
of, the Property: Iii! condemnation or other taking of all or any part of the Proper(y: (iii) conveyance in lieu of
condemnation; or (iv) misrepresentations of, or omissions as to. the value andlor rendition of the Property.
(M) "Mortgage insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(NI "Periodic Payment" means the regularly scheduled amount due for Gl, principal and interest under the Note, plus Iii)
any amounts under Section 3 of this Security Instrument.
(O) "RESPA•' means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its implementing
regulation, Regulation X (24 C.F.R. Part 35001, as 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 restrictions 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 RESPA.
IP) "Successor In Interest of Borrower" means any party that has taken title to the Property. whether or not that party
has assumed Borrower's obligations under the Note andlor this Security instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
EXHIBIT "Il"
PENNSYLVANIA Single Family-Fannie Mae/Freddfe Mac UNIFORM INSTRUMENT Form 3039 1101
Page 1 of 8
3R19b.7 ?., .;;76
MORTGAGE
Loan No: 33332241 {Continued) Page 2
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 Lender, the following
described property located in the County of CUMBERLAND:
Real Property tax identification number is
ALL THAT CERTAIN TRACT OF LAND AND IMPROVEMENTS SITUATE IN THE BOROUGH OF NEW
CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO.
which currently has the address of LOT 10 AND REMAINDER OF LOT 9 CAROL PLACE, NEW CUMBERLAND,
Pennsylvania 17070 ("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay
when due the principal of, and Interest on, the debt evidenced by the Note and any prepayment charges and late
charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due
under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument
received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may
require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of
the following forms, as selected by Lender: (a) cash: W money order; (c) certified check, bank check, treasurer's check
or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return
any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender
may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights
hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated
to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its
scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until
Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time,
Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the
outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might
have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this
Security Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted
and applied by Lender shall be applied in the following order of priority: la) interest due under the Note; ib) principal due
under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the
order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other
amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount
to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than
one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the
Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists
after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any
late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the
Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall
not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,
until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments
and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)
leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender
under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the
payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called
"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments
shall be an Escrow Item. Borrower shalt promptly furnish to Lender all notices of amounts to be paid under this Section.
Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for
any or all escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at
any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and
where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if
Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may
require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a
covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in
Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the
amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower
shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any
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or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation. Borrower
shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds of
the time specified under RESPA. and Ibl not to exceed the maximum amount a lender can require under RESPA. Lender
shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is an Institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender
shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA, Lender shall not charge
Borrower lot holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items,
unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless
an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be
required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however,
that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the
excess funds in accordance with RESPA. It there is a shortage of Funds held in escrow, as defined under RESPA,
Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the shortage in accordance with RESPA, but in no more than 12 monthly payments. It there is a deficiency of Funds
held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly
payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender.
4. Charges: Liens. Borrower shalt pay all taxes, assessments. charges, fines. and impositions attributable to the
Property which can attain priority over this Security Instrument, I.-hold payments or ground rents on the Property, if
any, and Community Association Dues. Fees, and Assessments, if any, To the extent that these items are. Escrow
Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Bormwet: (al
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long
as Borrower is performing such agreement; IN contests the lien in good faith by, or defends against enforcement of the
lien in, legal proceedings which In Lender's opinion operate to prevent the enforcement of the lien while (hose
proceedings are pending, but only until such proceedings are concluded: or Ic) soeures from the holder of the lien an
agreement satisfactory to tender subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien, Within 10 days of the date on which That notice is given, Borrower shall satisfy the, lien or
take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification andior reporting service
used by Lender in connection wish this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage." and any other hazards including, but
not limited to, earthquakes and floods, for which Lender requires insurance,. This insurance shall be maintained in the
amounts (including deductible levels) and for the periods that Lender requires. What Lender tequires pursuant to the
preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be
chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised
unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a onetime charge for flood
zone determination, certification and tracking services; or (b) a one-time charge for hood zone determination and
certification services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by
the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting
from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above. Lender may obtain insurance coverage, at
Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of
coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower. Borrower's equity in
the Property, or the contents of the Property. against any risk, hazard or liability and might provide greater or lesser
coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained
might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender
under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts
shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice
from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall ha subject to Lender's right 10
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. It Borrower obtains any form
of insurance coverage. not otherwise required by Lender, for damage to, or destruction of, the Property, such policy
shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss Payee.
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 Borrower otherwise agree in writing, any insurance
proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of
the Properly. if the restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an
opportunity to inspect such Properly to ensure the work has been completed to Lender's satisfaction, provided that
such inspection shall be. undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single
payment or in a series of progress payments as the work is completed, Unless an agreement is made, in writing or
Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower
any interest or earnings on such proceeds. Fees for public adjusters, or other thiro parties, retainea by Borrower shat
not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not
economically Ic ibla 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 clue, with the excess, if any, paid to Borrower. Such
insuranre proceeds shall be applied in the order provided for in Section 2.
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If Borrower abandons the Property, Lender may fire, negotiate and settle any available insurance claim and related
matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to
settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given.
In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a)
Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this
Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums
paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay
amounts unpaid under the Note or this Security instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60
days after the execution of this Security Instrument and shall continue to 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 withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or
impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is
residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or
decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not
economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage.
It insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as
the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of
or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or
any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially
false, misleading, or inaccurate information or statements to Lender for failed to provide Lender with material
information) in connection with the Loan. Material representations include, but are not limited to, representations
concerning Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If IS) Borrower fails
to perform the covenants and agreements contained in this Security Instrument, lb) there is a legal proceeding that
might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority
over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then
Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Properly and rights
under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or
repairing the Property. Lender's actions can include, but are not limited to: la) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its
interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy
proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks,
replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous
conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not
have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking
any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be
payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower
acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in
writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall
pay the premiums required to maintain the Mortgage Insurance in effect. It, for any reason, the Mortgage Insurance
coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance
and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,
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 selected by Lender. If substantially equivalent Mortgage Insurance coverage
is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were
due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a
non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding
the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings
on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the
amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender
required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately
designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for
Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such
termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation
to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if
Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into
agreements with other parties that share or modify Uttar risk, or reduce losses. These agreements ate on terms and
conditions that are satisfactory to the mortgage insurer and the other party lot parties) to these agreements. These
agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer
may have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any other
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entity, or any affiliate of any of the loregomg, may receive (directly or indlrectivi amounts that derive from lot might be
characterized asl a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the
mortgage insurer's risk, or reducing losses. It such agreement provides that an affiliate of Lender takes a share of the
insurer's risk in exchange for a share, of the premiums paid to the insurer, the arrangement is often termed "raptlve
reinsurance." Further:
(al Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or
any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,
and they will not entitle Borrower to any refund.
fbl Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance
under the Homeowners Protection Act of 1998 or any other taw. These rights may include the right to receive certain
disclosures. to request and obtain cancellation of the Mortgage Insurance. to have the Mortgage Insurance terminated
automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such
cancellation or termination.
11. Assignment of Miscellaneous Proceeds: Forfeiture. All Miscellaneous Proceeds are hereby assigned to and
shall be paid to Lender.
if the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property. it
the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and
restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity
to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection
shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of
progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security
would he lessened. the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument.
whether or not then due, with the excess, if any, paid to Borrower, Such Miscellaneous Proceeds shall be applied in
the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the
sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the,
amount of the Miscellaneous Proceeds multiplied by the following traction: (a) the total amount of the sums secured
immediately before the partial taking, destruction, or loss in value divided by fb) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is less than the amount OI the sums secured
immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in
writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the,
sums are then due.
It the Property is abandoned by Borrower. Or if, after notice by Lender to Borrower that the Opposing Party (as
defined in the next sentence) offers to make an award to settle a claim lot damages. Borrower fails to respond to
Lender within 30 days after the slate the notice is given, Lender is authorized to collect and apply the MVsr:ellaneous
Proceeds either to restoration or repair of the Property or to the sums secured by th.s Security Instrument, whether or
not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or The party against
whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal. Is begun that. in Lender's
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or
rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as
provided in Section 19, by causing the action or proceeding to he dismissed with a ruling that, in Lender's judgment.
precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this
Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of
Lender's interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order
nrowded for in Section 2.
12. Borrower Not Released: Forbearance By Lender NOT a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any
Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of
Borrower. Lender shall not be required to commence proceedings against any Successor in interest of Borrower or to
refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by
reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by
Lender in exercising any right or remedy including. without limitation, Lender's acceptance of payments from third
persons. entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a
waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that
Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security
Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage,
grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (bl is not
personally obligated to pay the sums secured by this Security Instrument; and icl agrees that Lender and any other
Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security
instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights And
benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under
this Security Instrument unless Lender agreas to such reie,i,e in writing. Tho covenants and agreements of this
Security Instrument shall bind (except as provided in Section 201 and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower lees for services performed in connection with Borrower's
default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,
including, but not limited to, attorneys' fees. property inspection and valuation fees. In regard to any other fees, the
PENNSYLVANIA-Single Family-Fannie Mae!Freddfe Mac UNIFORM INSTRUMENT Form 3039 1101
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Loan No: 33332241 (Continued) Page 6
absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a
prohibition on the charging of such tee. Lender may not charge fees that are expressly prohibited by this Security
Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then:
(a) any such loan charge she:[ be reduced by the amount necessary to reduce the charge to the permitted limit; and ib)
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.
It a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge
(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made
by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such
overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in
writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to
Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other
means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice
address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies
a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through
that specified procedure, There may be only one designated notice address under this Security Instrument at any one
time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated
herein unless Lender has designated another address by notice to Borrower, Any notice in connection with this Security
Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by
this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the
corresponding requirement under this Security Instrument.
16. Governing Lew; Severabliity; Rules of Construction. This Security Instrument shall be governed by federal law
and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security
Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or
implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a
prohibition against agreement by contract. 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.
As used in this Security Instrument: (al words of the masculine gender shall mean and include corresponding
neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice
versa; and (c) the word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
16. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 1B, "Interest in the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
transferred in a bond tot deed, contract for deed, installment sales contract or escrow agreement, the intent of which is
the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural
person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may
require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be
exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days train the date the notice is given in accordance with Section 15 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 permitted by this Security Instrument without further notice or demand on
Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have
the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days
before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as
Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing
this Security 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, property inspection and valuation fees, and other fees incurred for the purpose of protecting
Lender's interest in the Property and rights under this Security Instrument; and id) takes such action as Lender may
reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and
Borrower's obligation to pay the sums secured by this Security instrument, shall continue unchanged. Lender may
require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by
Lender: (a) cash; (bl money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d)
Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the
case of acceleration under Section 1 S.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note
Itogether with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might
result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and
this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security
Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of
the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state
the name and address of the new Loan Servicer, the address to which payments should be made and any other
information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the
Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to
Borrower will ren,ain with the Loan Servicer or be trauftried to a succe-su, Loan Servicer and are nut assumed by the
Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant
or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges
that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01
Page 6 of 8
9K 1947PG488I
MORTGAGE
Loan No: 33332241 (Continued) Page 7
Borrower or Lender has notified the other party (with such notice given in compliance wnh the requirements of Section
151 of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to
take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken.
that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant
to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section
20.
21. Hazardous Substances. As used in this Section 21: ial "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances.
gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laves
and laws of the jurisdiction where the Property is located that relate to health. safety or environmental protection; (c)
"Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental
Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,
or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else
to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an
Environmental Condition, or (c1 which, due to the presence, use, or release of a Hazardous Substance, creates a
condition that adversely affects the, value, of the Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to
be appropriate, to normal residential uses and to maintenance of the Property linr.-ludmq. but not limited to, hazardous
SltbstanCP.S in consumer products).
Borrower shall promptly give Lender written notice of fa) 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, (b) any Environmental ConrMion, including but not limited
tn_ any spilling, leaking. discharge. release or threat of release of any Hazardous Substance. and (c) any condition
caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If
Borrower learns, or is notified by any governmental or regulatory authority, or any private party. that any removal or
other remediation of any Hazardous Substance affecting the. Property is necessary. Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender
for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration: Remedies. Lender 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 tinder Section 18 unless
Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; lb) the action
required to cure the default; (cl 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 Section 22, including,
but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security instrument and the
estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this
Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this
Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is
permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in
proceedings to enforce this Security instrument, and hereby waives the benefit of any present or future laws providing
for stay of execution. extension of time, exemption from attachment, levy and sale, and homestead exemption.
25. Reinstatement Period. Borrower's lime to reinstate provided in Section 19 shall extend to one hour prior to
the commencement of bidding at a sheriff's safe or other safe pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to
acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27, Interest Rate After Judgment. Borrower agrees that the, interest rate payable after a judgment is entered on
the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
i
COD Y ?RBAUGH - Borrower
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101
Page 7 of 8
MORTGAGE
Loan No: 33332241 (Continued) Page 8
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/HARRISBURG N.A., herein is as follows:
RESIDENTIAL MORTGAGE, 100 SENATE AVENUE, CAMP HILL, PA 17011
Attorney or Agent for Mortgagee
(Space Below This Line For Acknowledgment]
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA I
1 SS
COUNTY OF \ ." h1)
On this, the day of ??Q?f 20 before me
the undersigndd Notary Public, personally appeare CORY A. CARBAUGH,
known to me for satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he or she executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and o 1 eal. j? /
s NOTARIAL SEAL
_
MICHELE A. BLOUSE, NOTARY PUBLIC Notary Public in and for the State of
York 7ivp., York County
My Commiaslon Expires Nov, 29, 2008
uses vnoi.?e.,ev..s.si.m.ao.co?,..wMe r.M.. s.m?.. m,. ?w,i. roos. uwn??„w...s. r...rvx,uwr,vw?Mx.?,?n.oa rc mn.o_rn..,
PENNSYLVANIA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3039 1/01
Page 8 of 8
SK E 947PG t 83
EXHIBIT "B"
JUN-1S-2006 15:24 FROM:CUPt3ERLAND
PR
SERV?,s ,fi?R 26 PM 12 34
341 NORM M SCM ?7' RO
34r SCit:Nt?PARR
SUM zo5 0
STATE COLLEGE, PA 16603
M r- 21Z-
TD:1B667327243 P:5?8
Paned i#: 26-22-0820419
I= JNDEJC, made tho J3_ day of April, 2006, between ter- ABEZTI J.
TRTANO, Snaaeasor Dma Timm andir brae FAMILY T7tWT e>?af wider d w GNM J.
TRMNO ZIWG IZVST &W Mara 2, 29ol, and say eAreat& wrs td Owe, =d
ELJZABAV.XW J. M11NO, TYwo* carder ike >9'EEUMTX
I. ?'RLlNO LTVM TRUST
dated Mari h 2, 2001, and my aaeesedrr me t wwo (iadiviiually?d and coijecdvely, the -OrMI&I
and CODYA. CAMU UGI£, an adult Individual (the "Oraaoee').
VAMREASS, Gene J. Triaono and Elizabeth J. TdarA hud and and wife, became in tbev
lifetimes seised, in fee, in s certain lot or plea of ground situate in the Borough aP New
Cumberland, Cumberland County , Peansylvauda, as more paztiaularly described hereinafter (thc
"lyrcmisac'j; arld
W S IML41%?I Gene J. Triano sad Elizabeth J. Waco, by DW dated Much 2, 2001 and
recorded Mmoh 7, 2001 in Record Hook 240, Page 614 in the Office of the Recorder of heeds in
and for Cumberland Cotmty, Pemsylva ds, e;on qM the Premises as follows: a one-half
undivided interest to Gem J. Triano ad Elizabeth J. Tdxwa Trustees, or their successors in trust,
wader the Gene I Triano Living Tract dated March Z 2001, and any amendments thereto (the
"OJT Trued and a onrrhalf undivided interest to Mimbeth J. 'piano and Gene J. TAano,
Trustees, or their sue:txasors in trust, under the Elizabeth L Trlano Living Trust dated M=b 2,
2041, and any amendments thereto (tbe "FJT Trust"); and
Wl1dr M , Gear X. Trim= died on May 18, 2004, whereby the one-half undivided
intrieat in tho Premises owned by the OJT Trust was allocated and distributed to the ]!doily
Trust created under the GUT Trust; and
WHEREAS, Wh abeth J. Triano is vaned the Succenor Death Trustee of the Family
Trust created under the GYTT Trust; and
WNWAS, Elizabeth 3. Truro is the Swviv q TwAn of the WT Trust. Copies of the
Cer i$cates of Trust axe M d by Elizabeth J. Ttiwo and Gent: J. Thane are attached horde as
Exbibit "A". Neither the GJT nor the ETT Trust provides for the specific dewiee of the Wesre#
Reid by each such Trust in the Preadsen. Both the OJT Trust and EJT Trust give Elizabeth J.
Triano, Truster, the power to convey the mtesid held by out such Trust in the Premises upon
such terms and conditions as she deem advisable.
NOW, TAEREFOIltE„ THIS ENDENTURE WIN that the Grantor, for and
in consideration of rite sum of FM HUNDRED FORTY THOUSAND AND 00/100
DOLLARS ($540,000.00), lawful money of the United States of America, unto her wQ and
truly paid by the Grantee, at or before the seaSng and deftery bexeof, the reccdpt whereof is
hereby acknowledgad, has granted, bargained and sold, released and eanfirmed, and by these
presents does g=t, bargain and wIL release ad confrm unto the Grantee, his beers, pmwaal
repm.SGniltive0 and assigns.
W* 274 PACE 857
EXHIBIT "E"
JUN-15-2006 15:25 FROM:CUMBERLAND
Ac mowtedgemmt
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
h1dam 124
70:18667327243 P:8/8
On this, before me, a notary public in snd for the
Commonweeltb, of PemsyNack, the umdarsigned of m, pasonally appmtvd Elizabeth 1.
Triaao, Trastec of the Elizabeth L Triano Living Trust dated March 2, 2001, and any
amendments thorcto, and se Successor Death Tmatee of the Family Tma created uodcr the Gone
1. Triano Living Trust dated March 2, 2001, add my amadments thereto, known to me (or
satisfactorily proven) to be the peraan whose mm is u6srnbed to the within insament and
ackn owledpd that ahe extMe d tho same for the ptuposw therein contained
IN WITNESS YAUREW, I hereunto ma my had and official seal.
NOTARIAL. WAL
MW"ME A. N1WM N4RAtt KWX
yok?*P.Yoham*
My (bnnnhMan e?pk.. Now2i,24oa
Certifiete of Reddece
I hereby ceatify that the p mdm residence of the Gmtees hem1p is as follows:
e3 Caro] PI Rt e-
&Qu1 0, AAm ler1tN J, P4 l70;10
Attomey for Grantee
-6ijo 274 mof 860
EXHIBIT "F"
PAC%.
I.,OAN POLICY OFTITLE INSLiRANCE M
UNITED GENERAI., No. 6 3 6 4 5 3 8 9
TITLE INSURANCE COMPANY
S( EiJf':(`I TO llik_ L.XC(_(iSIUNS FRONT CC)VE--RAC,I_. `I lit: C XCIT'l IONS FROM C (1V[R.\(il- CON 1 AINIA) IN SCHF01- i..1.
13 \NiD I Hn: CONDITIONS AND S1lPULATIONS. (JNI11-1) C;1.\F:R:\(. I I FLE INSHCAXCL COMPANY. a 011101:l,t„ C0111,ratitm. hcaiin
,:dlid the Cllntttant. in,urc,, a, ill Date ill PuliCV ,hutrn in SehedulC I,,,, tit tLtntat i. n,it ,i itlm the :\nu,unt „I Itt,llfalick: +t;uit.l in
Sihcdtdi :\. +u,t:nncd (it. in,:tmcd h\ titi: iii'mcd hg rea,un ol`
I i Illi lit the i,t;ttt' 01 iI11iR'1t di,irrhCtt Ill SC11Cdt"': \ haul ' +,t,t:d (011'1 lit::( Al 11.11i,l :lariat
Ant deliil ill 011 hCn ill encumhranco tin the title-
LnwarLttahllit, ill [tic ti01r_
4. Lack uta light (tl ;trio„ u.) anti Built the land!
i Thi lnctllidnl. nr unenlin't Cahihtt tit the hits tit die tn,urrtl nt„rt 0'11'1 ul,IUt thc. 11110.
f, the pfwim t,l ant iicn Itr.:(cumbrance mcr the lien till the in,(1fCd nu,rtl!a^1
,rin ill the hen utthC ut,ured InungagC tic Lac)nl III nt ,tatulur. lien lur ,:1tI.C LLNII ,u ul.dillal
I ;If it I'm' II-till) all I111111ttt enleltt Uf "k IT l'k ICI, it Cd tiI the I.i IId AI II C It I', . Ill t 11,0 I':'I II'I IIT It U, i;'r: 0.111 111 ntI l;, Dale Ill P(hi ,.,
011
Ohl an,ur Irunn All nnpio%cmcm (Ir tent), iclalcd t„ 1ttt: land M11JI I, iunU:I tid II01 (: 1011MI niid ,uh,etlt.linl tit I)aIC ill
Pnliet and Much i, fill.MCCd m lrhule ttr to hart h) ItrurCt•th ill the utdihtednC„ ,t:euriti ht the 11IMM'd nulW.aee teluCII
at Dalc n) Pullin the ilt,tned 11:11 aduuuxd ur i, 0htillatcd u, ailtauCC:
s I lie incahditt 111 mlollilrceahllirc tit ant x\\1211111011 nl ills 13i'mcd mott,_? r. plot Idol Ihi: I-q,,nntenl 1, 1110\tn in SAI'Llule A. 1,r
Ili;: lailulc Ill thi 'I"I"rm0.nl hWMI Ill SCitc•tlOIC A In tc,l title It, Ihc: In1urCJ ,nrlote.:_:e ir. IhC r..:;ucLl tu.urt:d .I„I-nCe tree and
(c:ai ill all IICrt,.
-['lie C olllpan? '611'11,11 Ital. III,- itlnL . alturnet•' Tee, :i nd eepcn,e, Inclined tit dclcil,e I,( t1,; title Ill thi 1,:n ill lhi rtt,urCd In1+r[_'ar C. a,
1)1,11(x1, hilt dilly It, the c0clit pruatulc.d )n the Condition, and Snpulatwn,-
Tini, pulic% liall no tic. cahd ill hlntlin' until plunlcl',i_'IICtI 11% 011110 a dull authuuied taunt ra ,'Itr::,int:nne t,t the Cunlpant and
Sthcdule A ant) l.3 hate heen alaCIIC,l hcictit.
In \1it it.,, \\Iicict I. UIIIICd ( 'AIQIa1 1100 IIhU1JI)iC Colllpallt ha> C;l11,rd n, iurp .1atc It.nnt 11- he I;.I;:moil I: if d h•. It, aUth(11" d
to iii Cf, a, Ill I.)ule ,tl I'i,l1n hutl.n in Sc'llidulC A.
L IFFE;D GENERAL, `I 'rLE: INSLAANC:E C:OItiIPANI'
-.`f..?.i'
UGT
kl.rcr i??`.
President
sco- if t
ALtA Loan ['(Ill,% 1I0l t 1)'_I
1'(il Film! No _,i0iIfF,_7V05l
EXHIBIT 'Y'
EXCLUSIONS FROM COVERAGE:
The hallowing nlaue.rs are expressly excluded florin tine coverage of this policy and the
Company will not pay loss or damage. costs, attorneys' fees or expenses which arise by
reason :if:
I. (at Any law. ordinance or governmental regulation trnecluding hilt not limited to
huilding and tinting laws, ordinances. or regulations) restricting, regulating, prohibiting or
relating to 6) the. (.rexupancy, use. Or enjoyment of the lend: (it) the character. dimension
or location of any improvement now or hereafter erected oil the land: (iii) a separation in
ownership or a change in the dunensions or area of the land or any parcel of which the
land is or was a part: or (fv) environmental protection, or the effect mt any violation of
these laws, i rdlnanccs or governmental regulations, except to the extent that a notice of
the enforcement thercot or a notice of a defect. lien or encumbrance resulting from a
viulation or alleged violation affecting the land has been recorded in the public records at
hate of policy.
(bl Any governmental police power not excluded by (at above. except to the extent
iliac a naticc of the exercise thereul' or a notice Of a defect, lien or encumbrance resulting
from a violation or alleged wilatimn affecting the land has been recorded in the public
records at Date of Policy.
Rights of eminent domdn unless notice of the exercise thereof has been recorded lit
the public records al Date of Policv. but not excluding from coverage any taking which
has occurred prior to Date of policy which would he binding on the rights of It purchaser
for vatuc without know•ledee.
-1 Defects. liens, encumbrances, adverse claims or other matters:
tai created. suffered, assumed, or agreed to by the insured claimant.
(h) not known to the Company. not recorded in the public records at Date of policy.
but known to the insured clainnlnl and nor disclosed in writing to the Company by the
insured claimant prior to tl'te date the insured claimant became an insured under this
poi Ic v:
IC ) resulting in no loss Ir damage to the Insured claonam.
(tit auachutg or created iuhscquenl to Date of POIICy' (csccpl to the extent that
this policy insures the pnorirv of the. licit of the insured mortc,age over any stalwnry licit fur
services. labor or material), or
le) resulting in loss or damage which would not have hecr, sustained if the insured
claimant had paid value for the insured morteae 1
4. Unenforecabifity of the lien of the insured viort+age be In.sc of the i nahllip or failure
of the insured at Datc of policy, or the inability or failure 't any subsequent itwner of the
indebtedness. to cumply with applicahle doing business law's of the state in Which the land
is situated.
S. Invalidity or uncnfirecahihty of the lien of the insured rnurigage, or claim thereof.
which arises out of the transaction evidenced by the insured mortgage and is based upon
uiury or any crntsunler credit protection or truth in lending law.
(i. Any statutory lien for services, labor or n1a[erials for the 0.11111 of priority of any
statutory licit for services, labor or material; over the licit of (Ile insured I!tongagcl arising
from an improv'emem or work related it) the land which is contracted for and commenced
subsequent m Date of Policy and Is nut Financed In whole or in part by procseds of the
indebtedness secured by the insured mortgage which at Date of I ilicvr the Insured has
advanced err is obligated it, advance,
7. Any claim, which .iris s out of tlu u'ansl bun et milt, the Inns .t of the tilt retagce
insured by this policy. by reason of Itie Opefati r n :J 1cdcra) h'an kruptc y. state ills olvcncy. nr
similar creditors' rights laws, that is h,t,cd on
(a) the transaction cteaung the interest of the insured morn tgce being tleerned it
fraudulent conveyance or fraudulent transfer, or
(b) the subordination of the interest of tine insured mortgagee :Is a result ill the
application o1 the doctrine of equitable subordmahon: or
(c) the transaction creating the interest of the Insured mortgagee being deen!ed a
preferential transfer except where the preferential transfer rccults from the failure:
(i) ma timely record the Instrument of trarOci; cr
(ill of such recordation to Impart notice. to a plreltaier ltr' i!dll!: UI !1 judeniciii it lien
creditor
C0NDm1'IONS ANI) STIPULATIONS
L DEFINITION OF TE W41S,
The followutu Ictins when used im this policy mean
(A) "insured": the insured named in Schedule A. The Tenn -'insured" also
includes
(1) the owner of the indebtedness secured by tile insured nnmgage and each
successor in ownership of the indebtedness except a successor who is an obligor under
the provisions of Section t'_Lcl of These Conditions and Stipulations [reserving.
however, all nght and defenses as to any successor that the Company would have had
against any predecessor insured, unless the successor acquired the indebtedness as a
purchaser for value without knowledge of tine aisened derecl. hen. encumbrance,
aclvcrse clan n err other mallet insured against by this policy :+s affecting title to the
estate or interest in the land).
(ill any government it agency or governntcnIA InStrUITIColahis, which is an
insurer or guarantor under ail insurance contract Or guaranty iosunmg or guaranteeing
the indebtedness secured by the insured mongage. or any part thereof. whether named
a, an insured herein it nit:
[iii[ the parties designated in Section 2(a) of these Conditions and StipulAnions.
(hl 'InIl}red claiutanC an Insured Clainnine IOSor d 11nage
(C) knowledge" Or "known' actual knowledge, nol Constructive knowledge. Or
notice. which may be. iltlputed to an insured by reason of the public records as defined in
this policy OF any other records which impart constructive notice of matters affecting
the land.
(d) "-land": the land described or referred t0 in Schedule A or C. and
improvements affixed thereto which by law constitute feat property. fhe terns "land"
does not include any property beyond the lines of the area described in referred to in
Schedule A or C, nor any right. title, interest, estate or eascnent in abuUing streets.
roads. avenues. alleys, lanes, ways or waterways. but nothing heieoi shall modify (r
limit the extent tin which a right of access to and from the land is Insured by this policy.
(C) "mortgage mortgage, deed of trust. trust deed. or other secunty
instrument.
(f? "public records"', records established under state statutes at Dale of Policy
for the purpose of imparting constructive notice of (natters relating to real property to
purchasers for value and without knowledge. With respect to Section I(altivl of the
Exclusions From Coverage, -'public records" shall also include environmental
protection liens filed in the records of the clerk of the United States district court for the
distlict in which the land is located.
(9) °unmarketabitity of the title": an alleged or apparent matter affecting the
title to the land, not excluded or excepted from coverage. which would entitle a
pooch- of tile -estate or interest described in Schedule A or the insured mortgage to
he released from the obligation to purchase by virtue of a contractual condition
?' Cli.YFi b[madtctabic title.
igovf this poticy shall' continue' in
who acquires all or any part of the
estate or interest in the land by lorcclosurc, trustee. s .ale, cinnvcvancr Irk lieu of
foreclosure., it other le,!al Inar ner which dicharges 410 hen of the Inured nturtgazr. (oil
a transferee of the estate or imerC,l so acquired front an In>urcil caiporatiun. provided lire
transferee is the Pirelli or wholly-owned subsidiary of the Insured corporation. and their
corporate successors by operation Of hw and nett by purchaie, subject to any rights or
defcrises the Company may (lave against any prod ce,sar insured,. and (iii) any
governmental agency or governmental utstrumenial!ty wtodi acquires all cu any pan of
the estate or interest pursuant to a Contr u:l tit n1{ur olnr guarawy insuring err
gualallteelog the indeht do : .cc+u d b.. the in. ured n+ tt).a,le
(b) After Conveyance of Title. I'llc coverage Of tlu, pillow shall continua in
force as of Daale of Ptlbcy in tavur it an towed ;,nk 'rn11 t+ the Itcured retain; an
estate or interest in the land. far holds an indebtedness e,ured by it purchase money
mortgage given by a purctmsel from the insured. nr only ? lone it (he insured shall have
liability by reason of covenants of ,,arranty made h} the insured in any transfer or
conveyance of the estate or Interest. This policy shall nut continUc In Io(,:c in favor of
any purchaser from the insured tit either tit an est:nc if interest in rho land. or i.it) an
Indebtedness secured b•; a purcha nt ones m it lgv gl u T .l the insured
tc) Amount of Iniuranee. The amount of in5urmcc after the acquisition err
after the conveyalice ;hall Ill neither went ev.::ed the Ic-1 :a
ill The Arnount of blitlr3IlCC ,feted nI Schedule A.
(ii) the amount of the principal of .hc mldchwdncss s tocd by die insured
mortgage as of Date tit Ptdii:y. inic•reo thereon. exp•n.rs of furecluiurc.. amounts
advanced pursuant to the insured monea,_>c n+ it»nle Cunnpll,toCC with law's err to protect
the lien of the insured tit mgagc prior to the hoIC 41 actpi 111 11 0I the estate err interest in
the land and secured nhereby and reasomlble :unoul III expended to preWl)( deterioration
of improvements. but reduced by the arnount of all payments made: or
)iii) the amount paid by any gt:emmco,al a;tancl' or govcrmnent;d
instrumentality, if the agency or instrumentality Is the insured clamant. In tlhe acquisition
Of the estate err interest nI saiisfirction of its in ucurce contra.a or guaraniv
3. NOTICE OF CLAIM TO HE GIVEN Fit` AN INSI.'RED CLAIMANT.
The Insured shall notify the company promptly in %ruing lit in case of any
litigation :t% set forth in Section 4(ai he.lnw. tit( in case knowledge shall conic to an
insured hereunder of any claim of title or interest which is adverse ill the title in the
estate or interest or the lien of the insured mortgage. as insured, and which might cause
loss or damage for which the Company may to liable by virtue of this policy. or iiii) it
title to the estate or interest Or the lien of the insured mortgage. as insured. is rejected as
unmarketable. If prompt notice shall not tie given to the. Company- (hen as tI the insured
all liability of the Company shall terminate with regard to the matter or niatier for which
prompt notice is required: pru•sided, however, that failure to notify the Company shall in
no case prejudice the rights of any insured under this policy unless the Company shall be
prejudimi by the failure and then only to the extent ill tilprejudice
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED
CLAIMANT TO COOPERATF.
(a) .. Upon.:written:mquest by the insured .and subject. cp+ the, uptiom contained in
Section 6 of these Conditions and Stipulations. the Company. it its own capt and without
Conditions and Sti{xf
pnreasottahle delay, shall provide for the defense of an Insured in litigation in which
any third paty asscns a claim adverse if) the title' or Interest as insured, but 0111}' as m
those. stated causes Of action alleging a defect, lien or encumbrance or other matter
insured against by this policy. The Company shall have the right to select counsel of its
choice isubjecl to the right of the insured it, object t,,-,r reasonable c2usel In represent
the insured as ill those stated causes of action and shrill not 1. liable f i and will not pay
the fees of any other counsel., The C.onipany will not pay ally fees. casts or expenses
tncurred by the insured in the defense OI those causes of action xshich allege. matters not
insurer' against by this policy.
{h) The Company shall have the right, at its own cost. ul institute and prosecute
any action or proceeding or m do any other act which in its opinion man' be necessary (it
desirable tit establish the title u) the estate nI interest or the hen of the insured
mortgage. as insured, or to prevent or reduce has or damage to the insured. The.
Company may take any appropriate action under the term. if Ibis policy. whether or not
it shall he liable hereunder. and shall not thereby cone de liahihrx or waive any
provtSiOn Of this pxllicy. If the Company shall exercise its lights under ill., paragiaph. it
.hall d0 so diligently.
(c) Whenever the Company shall have hroughl all ai onn of uterpo cd a
defense as required or permitted by the provisions tit fill policy. tilC n pang trial,
pursue any litigation its final delerntinauon b? a court .it conpcienl puesdicnon and
expressly reserves the right. in its sole discretion. tr appeal Item any AIVCT,c judgment
or order.
(d ) hl all cases where this polity' permits nr requmres the Comp any Ill prosecute
or provide for the defense of any action or prixeiding., the insured hall secure In the
Company the right to so prosecute or provide defense in the action (it pio eeding, and
all appeals therein, and pernitt the Company Ill use. al its opuon. the name of the
uasured fir This purpose. Whence r requested by the Ctnip,nhr, the nnsureci AT the
C.'ompa n's expense, shall bloc the C. n Pam all r eason l I :std oil ill :ml, aotinn or
proceeding, securing evidence. obtaining % iincssc.. prose uttng of dclending the action
of proceeding. of effectiu eulern nt. and ill) In any utter lawtitl act which in the
opinion of the Coniparfy may be lecessaaly' tit desrable to c'13111101 the titic to the estate
ur interest OF the lien of the insured nfongaVc. as insured. If the Company is pieludiced
by the failure of the insured to furnish the required cooperation, the Company's
ohlieaiions it) the insured under the policy shall ienninate, including an\ hahikiN or
Ohligafion to-defend. pitisecuic, or continue any limia ion, ixlth regard fit The matter tit
matters ictlion ra such cooperation.
5. PROOF OF Loss OR DAMAGE.
In addition To and after the nolico. requited under Sd tion ' of dt sc• Condition.
' and Stipulation., have been pilloried the Comp ant .:1 proof of loss i l.rnag signed
and sworn tit by the insured claimant shall he Iumiche.d It, the Conap any within 90 clays
afict the insured claimant shall ascertain the facts giyin.g r'INe lit tilt loss or damage.
Tile pro of of loss or darn tge shall describe the detect in. Or lien or cn unlbrance on the
title. Of other matter insured against by tilts policy which C )nstit.res the basis of loss or
damage and shall slate, to the extent pos Bible, the hasis o1 dculatinx. file mtaotim of the
loss if damage. If the C ornpany is p i fri i(ed h\ the holur of the in. used cl:l ntam to
provide the required proof of lass of damage, the Company', uhliealtotb It, the Insured
under the policy shat) terminate. including all., liahllitv or tbheltion al defend.
prosecnc. or eununue arty litigation. wfill regard I,, the matter )T manors requiring such
puxlf of 1,i-,s or damage
lit aekhtioil. the inured claimant max le sonahb it, required It) submit to
CXanlInaho» urelCT oath by any authorized nprescnCtt\e of tare Conipans and shall
produce for examination. tnspectton and copying. at Ntnll reaNonab Ie times and places
as may he designated by any aulhorued repfesentau%e tit file C'Ofnpanx. all records.
books. ledgers, checks. correspondence and nlernmanda, whcdfct bearing a date before.
or after Crate. Of Policy', which reasonably pcnain to the loss tit damage. Further, if
requested by any authorized representative of the Conipany. life insured claimant shall
grant as permission, in writing. for any authorized rep eceniauye of the Company tit
examine. inspeci and copy all records. milks, ledgers. checks, concspondence and
memoranda in the custody or ennuol of a third party. which reasonabl\ pertain fit the
loss or darnale. All information designated as confidential by the insured claimant
provided tit the Company pursuant to this Section shall nni le disclosed to ofhers
unless. in the reasonable judgment of The Company if is necessary tit the administration
of the claim- Failure of the insured ciaonani ul submit for examination under ,):nil
produce tither reasonably' requested infonnafton ur grant permission t0 secure
reasonably necessary information from third panics as required in this paragraph
the
anhcss prohibited by law or governmental regulation. shall terminate any. liability of th
Company under this policy as to that claim.
6. OI'I'IONS T•O PAY OR OTTIERWiSE SE'ITLE CI 1INIS:
FERMINATION OF LiABIL11Y.
In case of a claim under this policy. the C OlTlpany shall have the followm
additional options:
far To Pay or Tender Payment of the Amouni of Insurance or to Purchas
the Indebtedness.
(i) to pay or tender payment of the arnount of insurance under this polio
together with any costs, attorneys' fees and expenses Incurred by the insured claiman
which were authorized by the Company. up in file time of payment at tender
payment.and.which the Company is obligated to pay: or
(if) to purchase the indcblednes5'secured-by the insured mongage for t
amour owing thereon together with any?c(Ms. :rurmeys rtes ;nd clpcnses incurred
x
{ations (Conlinued)
Illy Insured claimant which were. authorized by the Company up to the time of purchase
and which the Company is obligated 10 113y.
If the Company offers In purchase the indebtedness as herein provided, the owner
of the indebtedness ball transfer. assign. and convey the indebtedness and the insured
neingage, together with any collateral security. To the Company upon payment therefore.
Upon the exercise by the Company of either of the options provided for in
paragraphs art) of poly. all hahiltly and obligdto.ns to the insured under this pokey. other
than to make the payment required in those paragraphs. shall Terminate. Including any
liability or obligation it, deli:nd. prosecute. or continue any litigation. anti the policy shall
he Surrendered ul the ('ornpany for cancellation.
(b) 'To Pay or Otherwise Settle With Parties Other 'T'han the Insured or
With the Insured Claimant.
(t) to pay or otherwise settle with ntheT parties fm' cr in the name of an insured
claimant any claim insured against under this policy. together with any costs. auomeys'
lees and expenses tncurred li' the insured clainlam which were authorzed by the
Company up To the lime if payment and which the Company i. c,hGgatgd n pan: nr
(it) In pay or .:+tnerwise settle: with the Insured clainfa 1 the Inns or damage
provided for under llus policy. t eter '.kith arty' co.T\, alloITIe'x4 fees Ind expenses
incurred by the insutecf claimant which were aulhonzod h° the Company up to the lime
of pilynlcnl and which the Comp my is ohliE tied to pay.
Upon the exercise by til C'oinpant of either oI the option, pwNided for of
paragraphs NII Ot Iii). the Company's ohligafions tit the insured under this policy for tike
claimed loss or damage, other than The payments required to he made, shall ternlinalc.
including any liat llim. uI ollheation to defend. prosecute or continue any litigation
7, DEFER INA11ON' AND EV1'ENT OF LIAMIt•T'Y.
'This policy is it eontaet of indemmlk against actual nlnel u'y loss kit damage
sustained of Incurred bk firm insured claimant who ha suflered I) ref damilpc by reason
of mTatters m tit d .tc.nn• t by Ihr policl, and ?nl% Ul the extent h r n described.
(a) The fiahilr\ of the C: lnlIVIl undo 1111, poII \ shall not exceed the lead .+f
ill the :'mount of Insurance stated ill Schedule A. or. of applicable. the amcluiit
of insurance a< defined in Section ?(c) of Thew Condition.. amt Stipulalhnis:
(it) the amount it file unpaid principal TtadChICdn('sf. >eCUTed by1 the insured
mortgage as limited Or provided under Section S of these Condiuuns and Stipulations (u
as reduced under Section 9 of these C ondiiiiins and Stipulations. at the time the loss of
damage insured ag'an t by this pThcy occurs. togelhcr with interest thereon: nr
(fill the chtterenee between the value Of Tile Ithurcd e1Wle nr INefcsl as innufed
and the k'altie ill file insured estate of Interest suhitwi to ore defect. tier, or encurnbrahcc
Tnsumd il,.mr n,l by Tills pttllk y.
(b) In the eeent the insured has acquired 01 or unerti'st In The IlLoolcf
described in Section _'(a) of These C ondiuuns and 5111-1-11ions. or has conveyed file title.
then the liability tit the Company shall continue as set fonli in Section 7(a) tit these
Conditions and Slipulations-
(c) 'The Cnnapanly will pay only thou, cats, anomeNS' fees :rnd expenses
incurred in accordance with Section d of these. Cntlintons and Stipulations
8. LIMITATION OF LIAI)II ITY.
la) if the. Company establishes the lisle, or removes The alleged detour. lien rn
encumbrance, or cures the lati of a right of access tea of from lilt. land. and, oT cures the claim
of unmalketahility. of title. nr otherwise e cahltshes the lion of the insured nTinL'age. all as
Moored. in :f reasonahlr diligent manner Ill, ;any method, including, Irtlgalikin anti the
completion of any appeals therefrom, it shall have fully perforTned its obligations with
peeped I.) that m:mer ;and shall nor to liable lily any b)ss or damage caused thereby.
lilt lit the event of any litigation. including litigation by the Company or with Ihr
Company's con:clu, life COTopany shall have no liability for loss or damage tnlil there
has been a final delerinination by a court of compelent juri>dictimi, and disposition of all
appear therefrom, adverse In file title nr to the lien of the insured mongake. as insured
(c) The Company shall not he liable tot loss Or damage pis any Insured for
Iiabihn. yolunkiAlk assutned by the insured in settling arty claim or suit without the prior
carmen consent of the company.
Ulf The Company :hale not h r liable for: it) any indebtedncsa created suhseyuenT
to Date of policy except hx advances trade if) protect the lien of The insured mortgage
and secured thereby and reasonable amounts expended to prevent deterioration of
i inipfo,clnents. If lilt corimnactitin loan advances rnade subsequent to Date of policy.
except const.ruclion loan aefya»ces made subsequent to Date of Policy for the purpose of
financing in whole .+r in pan the ennstruclion of an inaproyemenl to the land whch tit
Dale of Pciicy' were secured by the insured mortgage and which the insured was and
continual to to obligated to advince at and after Date of Policy,
9. REDUCTION OF INSURANCE.: REDUCTION OR TERMINATION OF
LIABILITY.
fa) All payments under this policy. except payments made for costs. auorncys'
g fee,, and expemes, shall reduce the amount of The insurance pro tanio. However. any
payments made prior to the acquisition of title to the estate or interest as provided in
e Sec'tion'lal of the'se' Condifmins and Stlpalalions Shall not reduce pro Canto the amoum of
the insurance afforded under this policy' except to the extent that the payments reduce file
y amount of the indebtedness secured by the insured mungage.
t. (b) Pavni nt in pan by am person of the principal of the indebtedness. or arty
of Other obligation scoured by the insured mortgage, or any voluntary partial satisfaction (it
release of the insured mortgage. to the extent of the payment, satisfaction oT release. shall
he reduce .the.amount.uf..i.nsurancr.,pro t.anto. 'Me amount of insurance may thereafter be
by increased bs' accrifin,v inae,rst and advances -made In protect the lien '(if-the insured
mortgage and ,cued therehs. ,.!P: rst !hcre/m. provided in no evm shall the
anxruni of insur:mee he grea!el than Chi, Antolini of Insurance stated in Schedule A.
Ic} Payment in full by any person or the voluntary satisfaction or release of the
insured mortgage shall terminate all hahihty tit the Company except as pr.omded in
Section J(ai of che.ee Conditions and Stipulanom.
10. LIABILITY NON( UNIULATIVE.
If the Insured aCqutreS title ill the estate ns ;ntcrest in satisfaction of the
mdehredness secured by the inured moru.•age, on am part thereof. it is. expressly
understood that the :amount of inkulam:e under this policy shall he reduced by any
amount the Company may pay under any pOliC% Insuring a mortgage to which exception
is taken in Schedule fi or to wMch the Insured has agreed. assumed. or taken subject, or
which is hereahea' executed 11 5' ;ml insured and which 15 it charge or lien on the estate or
interest described or rcfCrred hr in Schedule A. and the amount w paid shall he decried
a payment under this policy.
11. PAYMENT OF LOSS.
ta) NO payment shall be node ,1d1ow i nclucing this policy for endunenrent of
the payment unless the policy has been lust ,it de,uoyed. in which ease proof of toss mr
destruction shall be furnished n) the :ailstacurn of the Company.
Ili) When halnlrty and the r',Iem ,4 loss it damage has been definitely fixed in
accordance w%!h these Con,1111m), and sfllmhllmn,, the IO,s mr daoaee shall he payable
within 30 davs thercafus.
12. SURROC:.ATION UPON PAVWNT OR SETTLEMENT.
fat 'The Company's Right of Subrogation.
Whenever the Cump:ml simll hw v ended and paid it claim under this policy. all
rl;-ht of iuhrogatton shall yesl an The 4..•,npanm unallec ed by any act it the insured
Cle;rnanr.
The (.'mnpanc half he si,No led n, mod he entitled to all righrs and remedies
,inch the trt,ured i a inam uot.dd have h- vv.,itmt alit, person in prufxaty in respect to
the ,lama h„Ci Ito, I.-b,, n,a hrer. ,sync it tii)u..•.t.d hs Ore Company. the insured
claimant shall ocrosfcf in the (.'nmpam all rghis and ferrredaes against arty I)ersarr or
prmpeny ne.es,;1n Ill older n0 perle', thl, right of subrroganun The insured cla;ntam
shall permit the Contp;trly to sue. cnmprrnnfse or settle in the name Of the insured
Claimant and 1" u4• the name of the inwred claimant in any uansactfon or litigation
Irr"Oving. these rights or rented e,.
If a payment nn aCO:iiun: Ot a : I:no doe, nut fully carver the loss of the insured
clalfwinf. the Cumpane shall he ,uhf ... t d to all rights and remedies at the insure(]
ChIlo:1111 after tau I.tsrr1C11 clainl:mt Iecr .eyed as principal. interest. and costs
r?l Collect ion.
ib) '[tae Insured's Rights and Limitations.
Nolwithstandni v the ture••nrne. the ownel of the indebtedness secured by rile
inswed rnorgave. prtr•,•Ided The Iniont, OI the lien M the insured mortgage ax its
enforceahilm i, not affected. n1a, retea,e nr ,mhsntaale the personal liability of any
debtor it vuerannn. rn extend in Olherwlse an01ill\ the terms of payment, or release a
portion of the estate m mte,c,r from Die lien of the insured mortgage, or release any
,•olkueral serurny fen file In 1rhTedtes,
yy-hen dhe perttrmed tin nl the m,med CI.MnZon occur and the insured has
knowledge of :In, Cloln! ,11 II!ie M mdere,t ad, cn<r to the tole to the estate or interest or
the rnwrity Or cnforre;ohllrn 01 !hC h(•n of file m,ured mortgage. a, insured. the
Con[panr ,hall he required w pal i,nk :h. !t pan Ot arty losses insured aganim by this
policy "Inch chat) c,recd rho amarnnt. ,f ;,,v, her to the Company by reason of the
Impairnemt hl the or,ured Cl..!Tr:111t it the Contlian\ s right of suhrugaticn.
Irl The Cornpam's Rights Against Non-im mired Obligor.
The Company's right of <uhn•cation against non-insuried Obligors shall exist and
shall iiiclude. without lioutatinn. the riehh of the insured to indemnities. _uaranues,
other policies tit insurance on bond,. nntw;thstandine any terns or conditions contained
in those ioNrrnerrrs ,rhich prory;dc f„r suhro nitiin m his by reason of this pidii
Tote Compan) , ri_in of sahrnpa!ioo shall not be nenided h. aCquisiTl1nl of the
insured mortgage by all idrhgor Ieicept an ohligur described in seChon laatrii) A :hi•,e
Conditions and Snpulatirnsl who acelaire, the insured morteage a,. a re,uh of ?n
mclemnity. guarantee, other polies of insurance. or hand and the nbfigor will nor 1-.c ;in
insured under this policy. nomiEllstnndim: section li:ufi) of these Cononum, and
Stipulation,.
13. ARBITRATION.
Unless prohibited hr applicable law. either the Company tit the ,msmrcd ma,
demand arbitration pursuant to the Tide Insurance Arbitration Rules of the American
Arbitration Association. Arbitrable martens may include, hill are not Innned to. an,
comitnersy nr claim hetween the COmm,rlc and the insured arising out of a rehiring n,
this pulic}'. any service of the Company lit connection with its issuance rrr the breach of :1
policy provision or ether obligation All arhnrable matter's when the Amount of
fnsa.arance ;s C I.fk1l.1.INN1 of less shall he arbitrated :it the option Iif either the Company tit
the insured. All arbittahlr malign Mien the Amount of htstnalne is in e.scc,s of
S1.0f10.W0 shall ire ambiwlivil oil, lien agreed to 1, %. both the Conopan, :and the in,wed
Arhitralicin paryuant t(a this policy and under the Rules in effect tin the door the demand
for tabitralion is made or. at ihr option of the insured. the Rules in effect :t ])ate of
policy shall he binding upon tire, parties. The award may include au Orneys' lees nmis if
the laws of the state to which the land H Imaied permit a court to award aw,rneys' fee, t.,
a prevailing parse. Judgnxnt upon Ibe award rcndercd he die .Arhuruotisa mar he
entered ;n any iOOrt hacine jurisd;: n"i thereof.
11x' law of the situ, of the Rand shall appl, w an ;.,rhm anon ,India the I rtlc:
Itlvw nice arhiuauon kale,
A ropy of the rules may be obtained from the C.'nmpanr upon rcque,,l
13. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE: cowft \c'i .
fat Ibis policy tueether with all endorsements. it am. anached hereto h, tilt
Company is file entire policy and contract hetween the insured and the C'ompam. Ill
interpreting any provision of thi, policy. this p, icy shall he conan-ued as a whole
(bi Any claim Of lose of dnrnmve, whether tit not hakced on neelieence.: and which
arises out of the cloth, (if the lien of the insured mortgage m of the bolt to the c,tmc r
interest COMCd hereh, in h, :tit, .aci n a,serting ugh claim. hall he w,mc'fed u, Chi,
policy.
fc) N,r anrendmenl A n1 ndoi-niew to this p„l;<, r;in he made o!,cepi Ir,
writing endorsed hereon or ;in;., tied herein gmcd by either the Pre,nlem, , Vlce
President, the Sccretan. an A,.,,tant tii:s.rceir,, or s?alidahns' officer nr .authoried
signalorV of the Company
15. SEVERABILITY.
In the event any pn:vision of Ihi, pOll" ;, held in, Aid or unellj mceahlc under
applicable paw. the pohcy shall be deemed not to include that proyl,wn and all ether
prc,y;,ions Shall remain in toll force and eflrct.
lb. NOTHT-S. WHERE' SENT.
All notices required to he given the Company and ;my statement tit wriutg rcyuned
h) he furnished the Qrnpan, shall include the number of (his pohcs :and ,h:dl he
addressed in the Company at 1' () Box 1690 D Oyer Colorado 107]))
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UNITED GENERAL TITLE INSURANCE COMPANY
LOAN POLICY
SCHEDULE A
Policy No.:
63645389
Date of Policy: Premium:
04/25/06 at M. $
Amount of Insurance:
$126,000.00
Agent's File No.: Simultaneous Issue with: Amount of Reissue Policy:
CM5-209 $
1. Name of Insured:
Commerce Bank/Harrisburg, N.A., its successors and/or assigns.
2. The estate, or interest in the land which is encumbered by the mortgage is: Fee Simple
3. Title to the estate or interest in the land is vested in:
Cody A. Carbaugh
4. The insured mortgage and assignments thereof, if any, are described as follows:
Mortgage executed by Cody A. Carbaugh in favor of Commerce
Bank/Harrisburg N.A., dated 04/14/06 and recorded 04/25/06 in
Official Records Book 1947 at Page 4876, of the Public Records of
Cumberland County, Pennsylvania, in the original principal amount
of $126,000.00.
5. The land referred to in this policy is situated in the county of Cumberland , the state of
Pennsylvania , and is described as follows: _
EXHIBIT "A"
LECaL DESCRIPTION
ALL that certain piece or parcel of land situate in the Borough of
New Cumberland, County of Cumberland and Commonxelath of
Pennsylvania, more particularaly bounded and described as follows
to wit:
See Continuation Sheet
Valid only if attached to ALTA Loan Policy and Schedule B of United General Title Insurance Company.
ALTA Loan Policy Schedule A
UGT Foml No. 251 (7/31/00)
(07103 DisplnySoR 64-WTN-p®-LOANA)
UNITED GENERAL TITLE INSURANCE COMPANY
CONTINUATION SCHEDULE FOR USE WITH COMMITMENT OR POLICIES
SCHEDULE -A 5 (Continued)
Agent's File No.: CM5-209
Commitment No.:
PolicyNo,; 63645389
PARCEL #1:
BEGINNING at a point on the northeasterly side of Carol Place,
which pint of beginning is a distance of five hundred twenty-four
and thirty-four hundredths (524.34) feet from the north end of an
arc of a curve having a radius of sixteen (16) feet connecting the
northern right-of-way line of Carol Street and the eastern
right-of-way line of Carol Place; thence North thirty-six (36)
degrees fifty-six (56) minutes thirty (30) seconds East, a distance
of one hundred seventy-seven and twenty-eight hundredths (177.28)
feet to a point; thene North forty-one (41) degrees twelve (12)
minutes West, a distance of one hundred twenty-two and twelve
hundredths (122.12) feet to a point; thence South forty-eight (48)
degrees twenty-nine (29) minutes West, a distnnce of two hundred
sixty-one and seventy-nine hundredths (261.79) feet to a point;
thence South fifty-four (54) degrees thirty-two (32) minutes East,
a distnace of one hundred twenty-two and two hundredths (122.02)
feet to a point on the northwesterly side of Carol Place: thence
along the line of Carol Place by a curve to the right for a radius
of fifty (50) feet, an arc distance of seventy-nine and eighty-two
hundredths (79.82) feet to the point and place of BEGINNING.
BEING all of Lot No. 8 and part of Lot No. 9 on the Plan of
Westover Terrace, New Cumberland Borough, Cumberland County,
Pennsylvania, as recorded on February 21, 1955 in the Office of the
Recorde rof Deeds of Cumberland County in Plan Book 7, Page 11.
Parcel Identification Number
Continuation Schedule
UGT Fomi No. 155 (7/31/00)
(07-403 DisplsySoR 64•WIN•pad.AANACON5)
UNITED GENERAL TITLE INSURANCE COMPANY
LOAN POLICY SCHEDULE B-I
EXCEPTIONS FROM COVERAGE
Policy No.: 63645389
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees or expenses which arise
by reason of
PART I
1. Rights or Claims of parties in possession not shown by the public records.
2. Easements or claims of easements not shown by the public records.
3. Discrepancies, conflicts in boundary lines, encroachments, overlaps, variations or shortage in area or content, party walls
and/or any other matters that would be disclosed by a correct survey and/or physical inspection of the premises.
4. Any lien, or right to lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown
by the public record.
5. Taxes or special assessments which constitute liens or are due or payable including unredeemed tax sales.
Item(s) numbered
ALTA Loan Policy Schedule B-1
UGT Form No. 252 (7/31/00)
above art hereby deleted.
(OW03 DisplaySOfl 64-W N•pa-LOA.NRI)
UNITED GENERAL TITLE INSURANCE COMPANY
ENDORSEMENT
Attached to and made apart of Policy Number 63645389 File Number CM5-209
The Company insures that the covenants, conditions and restrictions affecting the title to the land contained in
have not been violated and that future violation thereof will not cause a forfeiture or reversion of title.
As used in this endorsement, the words "covenants, conditions and restrictions" shall not be deemed to refer to or
include any terms, covenants, conditions or limitations contained in an instrument creating a lease.
As used in this endorsement, the words "covenants, conditions and restrictions" shall not be deemed to refer to or
include any covenants, conditions or restrictions relating to environmental protection.
This endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof
and of any prior endorsement thereto, except that the insurance afforded by this endorsement is subject to
neither paragraph 3(d) of the Exclusions From Coverage nor paragraph 8(b) of the Conditions and Stipulations.
Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any
prior endorsements,. nor does it extend the effective date of the Policy and any prior endorsements, nor does it
increase the face amount thereof.
INW[TNESSWHEREOF, United General Title Insurance Company has caused this endorsement to be issued and
become valid when signed by an authorized officer or licensed agent of the Company.
UNITED GENERAL TITLE INSURANCE COMPANY
GLOBAL SETTLEMENT
& CLOSING,
f.
By: J
Authorized Officer or Licensed Agent
TIRBOP- PA ENDORSEMENT 100 (Restrictions -No Apparent Existing Violation) (Revd 03/01/00)
LOAN POLICY ONLY
(07.'03 Di?plsysofi 64-WIN-pd-PA 100)
UNITED GENERAL TITLE INSURANCE COMPANY
ENDORSEMENT
Attached to and made apart of Policy Number 63 645389 File Number CM5--209
The Company eliminates from its loan policy the exception reading as follows: [
I
and further insures, except as set forth above, against loss by reason of encroachment, other than by party
walls, whether by the building on the land encroaching upon adjacent property or by any building on adjacent
property encroaching upon the said land.
This endorsement is wade a part of the Policy and is subject to all of the terms and provisions thereof
and of any prior endorsement thereto, except that the insurance afforded by this endorsement is subject to
neither paragraph 3(d) of the Exclusions From Coverage nor paragraph 8(b) of the Conditions and Stipulations.
Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any
prior endorsements, nor does it extend the effective date of the Policy and any prior endorsements, nor does it
increase the face amount thereof.
IN WITNESS WHEREOF, United General Title Insurance Company has caused this endorsement to be issued and
become valid when signed by an authorized officer or licensed agent of the Company.
UNITED GENERAL TITLE INSURANCE COMPANY
GLOBAL SETTLMONT
& CLOSING, LLC
By:
Authorized Officer or Licensed Agent
TIRBOP- PA ENDORSEMENT 300 (Mortgage Survey Exception) (03/01/95)
LOAN POLICY ONLY
(07N3 DisplaySoft 64-LVIN-pn-FA300)
UNITED GENERAL TITLE INSURANCE COMPANY
ENDORSEMENT
Attached to and made apart of Policy Number 63695389 File Number CM5-209
Issued to:
Commerce Bank/Harrisburg, N.A., its successors and/or assigns.
The insurance afforded by this endorsement is only effective if the land is used or is to be used
primarily for residential purposes.
The Company insures the insured against loss or damage sustained by reason of lack of priority of the
lien of the insured mortgage over:
(a) any environmental protection lien which, at Date of Policy, is recorded in those records established
under state statutes at Date of Policy for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without knowledge, or filed in the records of the
clerk of the United States district court for the district in which the land is located, except as set forth in
in Schedule B; or
(b) any environmental protection lien provided for by any state statute in effect at Date of Policy, except
environmental protection liens provided for by the following state statutes:
(NONE)
This endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof
and of any prior endorsement thereto. Except to the extent expressly stated, it neither modifies any of the terms
and provisions of the Policy and any prior endorsements, nor does it extend the effective date of the Policy
and any prior endorsements, nor does it increase the face amount thereof.
IN WITNESS WHEREOF, United General Title Insurance Company has caused this endorsement to be issued and
become valid when signed by an authorized officer or licensed agent of the Company.
UNITED GENERAL TITLE INSURANCE COMPANY
GLOBAL 3ETTLEMNT
6 CLOSING, LLC
By:w4d-al- A,.?
Authorized Officer or Licensed Agent
TIRBOP- PA ENDORSEMENT 900 (ALTA Endorsement $.1) (Environmental Protection Lien Endorsement) (03/01195)
RESIDENTIAL LOAN POLICY ONLY (07/03 Displey8ott 64-W N-pn-ALTARI)
EXHIBIT "G"
Commerce
eWaf*
luh, 7. 2006
United General Title Instnance Company
Bailey Center 11
135 Technology Drive, Suite 501
Canonsburg, PA 13517
.-attention: Dave McMaster
Re: Insured: C'onnnerce Bank/ Harrisburg, N.A.
Mortgagee Title Insurance Policy 463645389
Our Account No: 33332241
Dear Mr. McMaster
The undersigned represents Commerce Bank/ Harrisburg, N.A. in its claim under
the above-referenced mortgagee title insurance policy issued by United General Title
Insurance Company. dated April 25,2006. In accordance with Section 5 of that policy.
enclosed you will find a copy of our Proof of Loss and Damages in support of our claim.
Demand is hereby made that your company within thirty (30) days of the date of
this lever issue payment to this office on the claim by draft in the amount of $ 126,000.00
made payable as follows: "Commerce BankfH31risburg, N.A."
I f you have any questions regarding the foregoing, please do not hesitate to
contact the undersigned.
Sincerely,
COMMERCE BANK/HARRiSBURG, N.A.
Angela A. Masser, Vice President
Enclosures
A.AN1 ma
Commerce Bank 1 Harrisburg. N.A
PO Box 4999
3801 paxlon streel
Hamsbur9. PA 171110999
cofflmelcepc Corn
EXHIBIT "G"
Ili the Matter of Commerce Bank/Harrisburg, N.A.,
Insured, PROOF OF LOSS
AND DAMAGES
United General Title Insurance Company
tilori egee "fide Insurance Policy 963645389
COMMONWEALTH OF PENNSYLVANIA )
SS.:
COUNTY OF CUMBERLAND )
ANGELA A. MASSER, being duly sworn, deposes and says the lollowing:
I. 1 am Vice President of Commerce Bank/Harrisburg, N.A. (hereafter
"Commerce Bank") with my office located at 3501 Paxton Street, Harrisburg, PA 17111.
2. This swom Proof of Loss and Damages is being submitted by me on
behalf of Commerce Bank in support of a claim under United General Title Insurance
Company Mortgagee Title Insurance Policy #63645389 in the amount of 5126,00.00.
3. On or about March 6; 2006 Commerce Bank issued a Letter of
Commitment for a residential mortgage loan (hereafer "Loan°) to Cody A. Carbaugh
(hereafter "Borrower") in the principal amount of $126,000.00. Attached hereto as
Exhibit "A" is a copy of that Letter of Commitment.
4. On or about April 14, 2006 a closing was held on the residential mortgage
loan transaction at which time the Borrower executed a Promissory Note in the principal
amount of $126,000.00. The Loan was to be secured by a first mortgage lien on the real
estate located at Carol Place, New Cumberland. PA 17070 (hereafter "Real Property').
,Anachcd hereto, collectively, as Exhibit "B" is a copy of the loan documents.
5. At the time of the closing of the loan, United General Title Insurance
Company issued a mortgagee titled insurance policy in favor of Commerce Bank under
policy 463645389 in the principal amount of $126,000.00, insuring that the mortgage
encumbered the Real Property. Attached hereto as Exhibit "C" is a copy of United
General Title Insurance Company's Mortgage Title Insurance Policy #63645359.
6. The borrower defaulted under the terns of the Promissory Note and
has not made any payments on the loan.
7. As of the date of default the principal amount owed by the Borrower under
the Promissory Note was S 126,000.00. Attached hereto as Exhibit "D" is a copy of the
account sheet with principal loan balance of S 126,000.00 as of the first payment due on
Mav 14. 2006.
S. Commerce Bank recently discovered that the Real property located at
Carol Place, New Cumberland, PA 17070, has a first and second mortgage with
Lachman Brothers Bank, FSB that takes priority over Commerce Bank's mortgage lien
position. Attached hereto as Exhibit "E" is a copy of the "Current Owner Search"
obtained on behalf of Commerce Bank.
9. By reason of the foregoing, Commerce Bank's insured first mortgage lien
is defective insofar as title to the Real Property described on Schedule "A" to the title
insurance policy is in a third mortgage lien position rather than a first mortgage
lien position, and such mortgage lien is invalid and unenforceable against the Real
Property.
COMh1ERCE BANK/HARRISBURG, N.A.
Ar ela A. Mass r, Vice Pr sident
Sworn to before me this (°`
Day Of.luly, 2006
;iABMvi+ NEALTH OF hANIA
f NO.ARIAI SEAL.
LINDA A TAYLCXI, Notary Public
asi Penaslxno Iwp., Cumberland County
k4; t;nli:nt5??n C__mires Ssnt. i, cW8
"EXHIBIT A"
: no ;N,
('rn;n,crcc Bank I l,u'n&mn K'.:\
': AH Scnatc Avan.(e
(',lilt, 1-1111. I',\ 17111 I
Ikal' 11)I,hCantlsl.
,I•. V
\CN'. ( umi,c) i,:n(1.
V, c ,uc pleascd it, inlnrm .o;; iha; ::
co n[fit ionalll apprm cd. Acc,"!I n 1'- Ihu ,::. uun „n o!Icis to:: I! r
dclailcd helm,.
This offer rmy he accgmd by ym onl, hyslgning and retuning Ihls later,+ithm Mal
15) clays ol*thc date oi'lhis Iclic•.
Allcr you accept Ihis (,Ilrr. I( will he an agreement 1101n Ml this Lcn(Icr :uld %nn. All
wher agreement that may esist Is replaced he [Ills a reemenl. No challuc ;n the Icr ms of
condition of Ibis agreellleni shall he eflecllye, nor will it hind This Inswulinn ill an) '?k w•."
allies the chance A m wrung anti is mpied be an officer of the Lender. The Iernls and
conditions arc set fortis helow II you do not eomQ nth mq one or more of these turns
or If Lill v one or more of the conditions are not fu I!-IIled. then this Lender n II! not he
required to make this mortgage loan to you.
CONVENTIONAL ADJUSTABLE RATE. MORTGAGE,
FIRM 12 :r,nli'<
INTERESI RATE: PRI\11
INTP.RFST ti: Q"
RF:\I I:STA I F I':\\F"N A i I)
II \/.:\1:1) INSI RA.\('I 1. 1I'` p l)
\I( )R 1 (.*,A(-,F INS[ R:\N('I. A
I)IS(.'(A `N 'F FFF: tit _on (;!) I I Pow!)
CON'DITION'S TO 13F S:\'1'ISFIF.D AT SF.'l l'LF:FNT:
BORROWER(S) hO PROVIDE:
I ':'IDI: ?('L OF I IONIFO\\ N RS INSI'RAVF, LISTING t Yl).i\il I:i" F. k'\NI:.
HIS(, . N. A AS :M0RT(;A6FI-- AND P:\ID RF:('LIPT
" I'liLl_.1 I_tiF Cl°ft D +DDI-..\DI AI I S \L i `; ( O VI i .',.t t 1:1='.iOI\t
( ARI L PL.ACl`
CLOSING AGENT TO PROVmL:
- NO'?I BORDIN.-\'1 G FI\' 1t'('IN('i.
- CASH BACK TO I30RRO"I RS NIA1 NOf I_\CI 51515(
FI I..LY 1=NECI'TED FINAI. APPL.ICATIO\?
REUMSE OF All. UENS ,\(iA=r SI; E177 PROPERTI
I-Il.'D-1 TO I VIDLN(E SO LI_R P:\ID CI r)SI\'(, COSTS 111(-11 \i:\1 \'(I I
I4\C'lil?D AC-1-1 AL ('(WI S ,\'?D ',IAV BE 10I'1 11-[) \? F(II i ()'..l \
V.XPI RA I'll ON OR 1•;X I I::NSION
this commitment tt ill expire on n 4 (a !I. Ior .u1, rwwm tlu M ,. ,u;
no( occur by That time. 111 ithli aliens of Iles ntsluuunn in !ills •Cnntt111ut:cnl sea<;: t„ ha- l
my legal Three or enter Ant e7;Tensinn of this comma nenl ,t 11 h:_ ,t id"n the -,ic
d!.';Crcllnn of Ihls institution
!I Ills contnttUnenl is In be x!cniled. ihls insia!Ilt„n :;1 hi : the rl_ht 1 ,:(lance all" it
(Ile IOlas spceiiICLI :Ihn:l . ntciulln_ till nvCrc<r 1a I,
WCURACY 01, YOUR APPLICATION
Pills offer and atlrecillclll ;Ire nude 111 rciiancc 1111 1110 lCCUraCS and i`01111,ICICnrSS o(all
Information .suhmitlcd in "out Join application \'•-,nlicaunn 1,i the a"!1, tleleness and
Wcurtcr 1,l all such inl'nrntallon i. ItreCnnduloil lr an'. r,hli_ati;,n oi.'he par! of Ihis
;nstlltr,iort.
No Su'.C.ONDAR), FINANCING
um no not use sccondm lin.ulcnlc it) acldmorl;o oltr loan 11 in (!lis I cmicr to
e01lp oc the purchase of die pinyNy desmhei above unless a is appn" ad in nlln_ h•,
.In ohficCI-of this Lender prior to the closinI n( ,our Iran n nsaciiwl.
HADS FOR CLOSING
\1 the Tillie ofclclsing, you must he preltnrcd to p= *Q sullicicm WAS to pa•, for the
Ildle" mg: the balance of the "mh.ISe price, adlusunenis with the selle. the I_emki's
leeal fee.S, costs of title examination and other Closi lL costs. lax ;lnti HlStH'duCC CS,'I'M
;Icposus. plus any discolall fee [:or the es(Imaled aMntlnt ol'IlIcsc fees and C';Itcnses.
plea5C relcr fn Ilse (fond I:allh 1-sUmale tchlch has heen provide'! 1. .cm 1 FTC funds oll
plo%idc must he in Cash 1,r In the form cofa cerulicd chick or hank Checl(.
HAZARD INSURANCE COVERAGE,
I (nICSS lids insiiTittion gives rut a tvrilten "ancr okhli rcqu rmsem. .ou "i1! he
, quiretl in stay your lirsl year's hazard Insur.n:cc premium before the clr qwg AI iel IImI
)-ma. thls lender has the right k) mclulm you 0 Mahe mmmihly w::c"n pe'.Mc:el It) r,rl?.?1
[i'.1111111.0 rcnct -if 1'1::1111 ,1,l:, : ai;: l -<I!I'p!. n--l of 1 I,' i d !'II' iw,
11,1111 ,I i ;tot c•, of hl;I pli- 1., !11:.::I -I -1,r lo,i'. 1'n.: i` ::leer
.I leas. Cqual II e ?,. t. u. I'e CIh!C,.I!tle,. I' I'1'
Ill', Id Inmiclpal mlkmc:', I !1 IIF k 1'_ Ii '!1
xqulred to compensate f,a d m o or W o on i ; It .:wmcm cost bwo c !,1111: mwi
n;un-t-, '( Oi\,I,16Rl.'G BANK. H \RRI RI IEZ \A. Its succcum :Ind ,?I .: ym. is
1!1Cii micrest may appcir" as firs( n1n19(_igcc at IIII t%,e!-'i1J ,\t-erllc. !. am;, I fill. P?\
! -111 1
I he insurance company mnsl h.ItCal !ca;l a P ._Cnclal pollr•.!loldc: rant:!,; a;iJ :I
iin.nrclal SI/C catcuon M 111 m Best's Key Ral;mc i7uldc. \l, e ,vii! accept ,s :uI ,Illcrnal ? C
,:ntemyc written by a calywr INU is an it gricril polioholder's ;;1111n I his insulutiiw
••t ill also accept coyera e. from L.lovd'• rf L.uneL*:n. ct c1, thou'uh ;! 'ins no RCSIS' r;Ihlt :1111:
under a PAIR Plan if a Is file nnh Cwnage The! can he ohlalnal it a reasonahlc r.,sl
I-hC has and Insurance polio- 1,r hinder must sia( Ute Resl's raun o l* file conlp;u,..
11ITLIF INSURANCE.
Bciore The closing of (his loan. the anornec ioi this I.cndcr a iii Ct.utlnlC !hc lI;1c r: the
prnlterlj referred to ahoy e. This institution «ill hatC nn ohli>_alinn it, close !his loan
unless. in the opinion of its attnrncy. you tulll Irate a( (he Tillie the ntorlta_e is rccorded.
eood. clear record. marketable Title to the nuart11ed proPcl•I';. l his mean:, Thal vnur (ill'.
must. to ith the exception of the ntorlga-C. Ile free 1,i' a!1 liens. encumbrances and dclcn:
tt hich.:n the sole discretion ato Lender and its attorney, "muld Makc the propcrq an
nrtprudent Investment. In addition. Tile propCrlt must he in full conll,llancc tt ilh .Ill
hmIdlmt zoning and other' applicable gommm"tal regu5nons and all loan clocumenis
IttUS1 he approvCd h_G IhiS Lendcr's attorney het trc (Ills 1_e11der Is ohliged to close `. on;
Ivan.
OUR RESPONSIBILITY FOR CLOSING:
I I the closing of this loan (ransaction I;trls to occur. ?ru+ ..l?rcr ;r- n? r?shr,n?1h!c ?,,?,,II
i tl fees and other expenses of this nstuutuon that are incurreo ;r.. ;1 result of hie ;s1n•-'
this loan. For the estimated .!mount of these fees and costs. plcasc refer 10 111,2 (;oml F:111
Bimia(e Mitch has alreaLk been mailed to you You .hell 1101 be responsihlc Icn these
ices and costs if the failure to close is dale tit 1hc. L.::ndcr's Failure 1., cc,mpl %.c 11h its
;.1?'rccments set lorth in this conuniunent.
I hail, You Ycr.% much I'or this opporttunt\ to he of service. If You hah c am uueslirm?
conccrnine Your loan. please do r1o1 hcstlale In call our olficc
Sinccrcl".
/J
111:1 C?u;>6;1I1 ??~
I:cslilCnu:1! \l:?ris.rl???. I)::I,,u'inur,;
('nn) Ittcri.. I; I!, IIIm 1,1II
l n lcccpI ihi< offer Ca nx,rt_a c I'); In. please sicn !his letter ir, the sI,; ct orm ;d i
hc1o" %Vhen cnu si, n •.1,nr n:ul;c %",u at11hM1 c Iol.q I.CnitoI. to start tai .hnr
n,c:css:uh lot - the 11,,11 uan;acur,n
.___•__...... ..
"EXHIBIT B"
PROMISSORY NOTE
I rrtnctpal moan vase matuNty roan No eau: con Account Officer Initials
sT26,000.00 04=14-2006 04-14-2007 33332241 251
Arlpn'.nCCS in Iho r;harled area pre for en•h,r I L 1 u I ,gym „out 1 L1 t 1 s ] - I L' __ ,r ,r
r
n- tl Inrr
,„V ,Inr, ahGV^fn',lainrl h t5! Il^(.I 7.v ?t:rl O -W,
Borrower; CODY A. CARBAUGH ISSN: 159.62.6119! i.ender: COMMERCE BANKrHARRISBURG N.A.
551 BISHOP AVENUE RESIDENTIAL MORTGAGE
t,HA MBER58l1RG. pA 17201 1-00 SENATE AVENUF.
':AMP WILL. PA 17011
717, '375:1 630
Principal Amount: 5126,000.00 Initial Rate: 8.750% Date of Note: April 14, 2006
PROMISE TO PAY. I 1"borrower'I promise la pay rp COMMERCE BANK/HARRISBURG N.A. I-'Lender"1. or order, in lawful money of the Unnacl
Stales of America, the principal amount of One'Hundred Twenty'six Thousand S 00000 Dollars is 126,000.001. together -ith interest on the
unpaid principal balance from April 14, 2006. until paid in lull.
PAYMENT. I will pay this loan in one principal payment of $126.000.00 plus Interest on April 14. 2007. This payment due on April 14. 2007.
will he for all principal and all accrued interest not yet paid. In addition, I v,rill pay regular monthly payments nl all aocrued unpaid interest due a
,,I each payment date, beginning May 14. 2006. with all subseouent interest nayments to be due o, the a
s e day of each n oath alter (hats
Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; than to principal: than to
any unpaid collection costs: and then to any late charges. Inliefest on this Note is computer) on ;t 301360 simple interest basis: that is, with the
e viception of odd days in the first payment period. monthly interest is calculated by applving the ratio of the annual interest rate over a year of
360 days. multiplied by the outstanding principnf balance, multiplied by a month nl 30 days. Interest (ar file Odd days is calculated on the basis
Of the actual (Jays to rho next fun month and a 360-day year. 1 will pay Loorler el Lender's address shown above or at such Other place as
Lend., may designate in writing.
VARIABLE INTEREST RATE. The ,njer!l,t rate on this Note !, surilm 11(I ,:hantlc 1")") i'roo in ;,I r: ba'?!n r:.r :l IlOgr'5 `n an. '.nrtc Or:nOpra and':.
.vhn:h s the ?nmH Rare ,is published in ;he rvlnney Rata Secporl of the bail Strnel Jo Ldnal 11 t is published. the h;thosl ?vIll be
lt:orl. Idle "Index"1. rho Index is nor ngcessanly the lG ave:;t rate charged by Lender n,, its loans. Ii The In:ir.c bcc rimes '. ayadelNle drr„nq III,,
,, n of Ihrs loan, Lendef may designate a substitute Index aflr'.r notlbrms) Incr. Le nfli'.r -111 tell me Ihe currcol IndeF rate upon my n:ri afar. 'rh,
iiiwrl:St ratio change will not Orrur more often than P.rach: da'v. ' urldel stand that Londar may make- loaOS base() :an other riles as wail. The In(le.
rl rr emly is 7.750% per ,num. The interest rate In be arnlnd l0 ;h' --. rm,tl hale :nr7 Ii- Nl'f! -11 h,.:',l .a ';'I, ill 10Cj,
; al
Jerr.entagc point rhO Indes, nlnnded I, Inc n+a'-! i7l.12S percent ,:aun,n•1 r „Tel r-t. :t g 75ri, r nnnun, NOa Cr. Unrr. „
r-.unlslanrr;; :vdl `ihnl eltrnael raM r n in Now he "note llairl the r.,.1 h -I, I::.;. 1 li'; a{,1 I i1 Cd:; 'l.': Unless waived by Lentler, any
:nr;re ase u, Ihe interest rwo will increase the amounts of my Interest oaylnews.
PREPAYMENT. + r, v:• that . 11 I .on I.'r?s ',,r. ',Uar Prcp,T 1 I:rla ,r :I•:u, h...? - ion,: 1 tl'a' II•• :1,1! ,31•: , i I ,. it it a I, aril t,,. I „ I•:,I ! :
. 1lnnn , 'a:m ;n1 f "hi?w- :, 111nta , r ;.. .?IIII -S. 1. ;Il:. ,,.r I.1 ,(Ile., v. .,. ^.I, I,r?.1 (': I.I,• ,. 1. ';,I•I n 1, n,.1y I':. .
poll.' .11 he . ... 1;,
pill pa.Iq a 11, l,.ni nln: 111 nrlkr p+r cols uI tl..r p 'lt. I . , "'!fill . ... fur.
i, r•r• , .n Snrd L pain ntl:ntc ,n) ked 'nil„ I , full I- I orrf 111 r _en Ilt ,.I. .1:111
I ...vilh. I;,ong ,I v :tl Len.IP r?[lnls ,Irder Ir:. 'J'±le d t di , hin,-Ovi 'url hl., i, , in1 o -d I . I
.. mllrllf. apr'.n5 I.onrernlnq d'SPLAOd •ampnnls, :aril .lei ng ,Iny k rr l:hn, f!a Vrn F.„I n.+trnm nn' Innl ,rl .S 'i'?;al tho n%r'ImCm r.. ,.:I Inr•':;
1"yma1+1 In lull of the am0unl pwed or that is tendered hll`t olllt r and I nos or hm tailors or as full ',atl5l lr 11 a rhyfiulRd a :l, I n;t :,•:
.n., Ina ?, deevr!. zrl in'. COMMERCE RANK!H %RRISBLIR.t f•'. i?.. F,_SIUr(JT AI 1,1'RTG;4fIE If,J SFLa TE AVENU . ..AMP lift L J 'A )l i.
LATE CHARGE. I( a payment ., 15 davs nr (pant late. I ,it he cti,-led 5.00W)h of the regularly scheduled payment.
INTEREST AFTER DEFAULT. Uonn default. nciuding lalhlr,! to lov uf)[)!% linai malun;y. Ihn 1,atelr'SI rate I, als rdnle ;Shall I),:
:I[!d'm[) a 2i100 ParcenlagC PG'nl marq:n I"DOlauh Rafe f,.Aarq!n'i. The Clefault Rata I:'ar rein'hall also apni", Ir_ eari, 5u::cepd,ng Interr::1 r;;lr:
Ithanpe that would have applied had there been no rrl taull If I1x1:1 nt is 1 I „ n .rut ra ti N t io -tit vidl eoL e to ar r rc
1
nfler Ih:• data pl iudgmont at dx, Tate in rllr:r.t at the ii-. I!r.1,1 nI n, oni: rcrl. n„ ., ..III hf! r IcrE:.t ate 1110
nlr.rrsl rata I!,mlannns upper anplu:ably ia,^,.
DEFAULT, , .,ill hr: n d0DI.111 aide( th..' Nnto :f „ , ;f thn 1o 111 h:arlrr. .
Payment Delarllt. I fail In make :.ny Ii Y: mnnl e;. hw, )ilia 1;n,jnr Ill,S roil
Break Other Promises. I )freak any nrom.ls.; mar).. , Lauder ':I fJ! I r: gran p r:ppp it lh,
I h,. Nnle n :? pay pgrer;mr:m rotated In II,Is No"o ,r Ir..a ., r1h+]r Taff(?'nr.n rant or 10:ln 1 --. o:l I. is n;.p„
Default Favor of Third Parties lr .u'V i a In ,+.I.t 1' I'll. J'Can '.'1' (•I 'I .:1 'Aar I!I 1 a nl 1 a 1 - , I:;..,
,,r1J rr my Ihlhl, I
ll,
',c I,,;nl or any othe, agreomert n lavr,r Of 1 Ihe .,li t.,r n ,: 11 -1 a' air ,ail, alil.,..II I,1 I
o.o ..I ,.
,nova. This N01R or 0'"lnnn my nbbrla Pons unrlrr 1h ,s N.Ite n an. it I ,A, ,-I
False Statements. Any rep a lniatio n ;W t -,a I a I -- 1 I. Lend 1 r ::.1 di ,:ndr Ih- Idgtn rI th., I ;n U:!;
r 1n:e n,nls ,s lals . nr ion'S1Pa(hng In in, naler,al oiipect '., 11 r r n,.. - a 1h I T. n ..,, ,r Ill rl,l.
Death or Insolvency. ,; w Ro r . '1 - -1. h t s n• I I c nt I. -1 I -1 1 L : ; t.. .lrrru:n'
I Ell
.,, I",. I'1!nrl,1 nl r•d'I r, s. ?r .I , 'nr nrrllnrl .. ri O .r n I t ,. .r:,r r ,.
T: k'(j of Ihe. Property Lily h: ( r t 11 1 ! !i 1
".l? I :n, TI s r,:,.dL 1 r, 'rl nl 1 f r, I : f a f,: 1 II L I I
aM," Ih' i;lk fail r•l Ir,;, pr { i 1: h i
.? it r, r, n? I :. ,1,..:. .1 ..11 i•.l 1.1 I I.. ,,. .a . z. I I - ... ,. ,., .. .
-.r,!o . -:.., ,,,.. ,-
DrrICGlivC Gnll.l ll`r:rli Zrllin n. (h f,: ,,: n'
1:...11 nt I' rl!- ' a t•,lt I a 1.1 11'!1. t' ..:,I ..1:',I •,I ..
1, .. ? .. ..ir.,. .. ..1.,. ..,.r ... :,?T ,!.
I 11, r1 , •,::1 II.,. ..1 .. ,. . ...,
Collateral Damage or Loss. l..ny -.,
n.
.:Iiaclant?al damage! or ilasImr.j1nn ,, nrlt :. ,. ;red h': !I''f:urtinr, l;l.
,.'r..E:r I I "ri, 11r
Ev is Al till g (octet for Or - I Ih -
n1 a ,f1 'r r U I .. 1. d r ar n Itv r.' l'i s a 1
.. nl. ar Ir..niI? ndr. .I 1 I c
, •n .Its t - ,li, (r. r T I,. „ - ,. ,
PROMISSORY NOTE
Loan ND: 33332241 (Continued)
Page :'
,lpl ,:r_ n;,i. bu! :;Il.yll rot lie rnn I'u.:d Ir: p,, 1.1 •,,, ,,. ?I?. ,' ?: r; 1 In - .. 1 , ,, 1 I I.. -, , . . ....
, ,1:1, r. Sair?f nf.il)r? ;r ,. ;rifle „r,n ,, I •,.. .,., l -^ ,. ;' I ;.1 ,. I
Insveurii V. Lenrln• -rl In,ll, hrhn v' ::: :.. .. .:...: ...
Cure
.. ., , (]I 1111: •,
I- .h L. i. ,rh.r .I,.1.. ..•, .:r'ri ':Ir. .:: I„ 1 ,- -1 :: , „ . I I,
.
r 1 :. ,,,,,r I ?,,:.r•5 •\- til,•p: ', l! I r. ': 1. ,., , :-.. .. .:., r.',,, ,..,., .. : I,I': -
LENDER'S RIGHTS. r111l1„01. - ? 1, r ,,.,,. .:• - .:r: r'. I.I 1 1 ., ,,.: 1 ,. .
..I:rl, I'll- t. II r:Inir, a' 'I -, :':",'!
ATTORNEYS' FEES: EXPENSES. Lnni ,n'r; h. , av :a .i:;. •nlr .i I'.:: f•::. ':, :. ,,,.t I-:: I no" L; rcl -r I ..
I l.: r Il rd r; c. St'lar ,i fn, . `, I, II pli...I ll r - 1':. r1, „ `i li: ili
I'!' h,inl;ruu.. ,. 'lr.!'r .1 ,',:Ir.l I...,, I•;l i,l.: I-,lr,rr if .I.;
n,'.I, i n: Ile '
Ipr,: "11, II .111 p, nh,h !lid tulrl,c Ihlf. IA... I: ...1'.• <. t.{.i ,r
GOVERNING LAW. This Note will be governed by federal law applinable to Lender and, to the e>aenl not preempted by lederal law, the Ipwx of
the Commonwealth of Pennsylvenia without regard to its confliris nl law previsions. This Note has bean ar.cewe.d by Lender m u,,:
Commonweatth of Pennsylvania.
RIGHT OF SETOFF. Tn ;hr; oeuent L,.... L ,l 1 .,h•, ;;l
nr'nnri.j 111';1 ICf, rl .In(' TII:,; ,ni;ll ies "I l.r., l(,l::i :.:):,:I•.? •: -.111.1 1., r, ll:;;-1 r:n111 ..:r,,;iv .111+:n n. it„•Ilir,lrr
,. +,1• lid P.d p;, 1:1 ^:. iI1; i11'?':,•,'.
l?nwi, Ih l ri .., nl rrlutl., .)ny IAA 111 Kori Ih . ,.Int.,. nr I'll :'C ri,Irtti !n' ;:rl'I !il _., ,111 r(,
I.,`nn I) ;I ,1 n. I . I I`c!nln cd h1• app <. ai. J.l- . I '.1'•T In :) .. Ifl1l lit; •,l,rn, r ,,,rr) ,.n Il„I ,n etc l)f -.'Inc,• . I;l'I lsl a ,1 I :III S110 : ,.c _, ....
COLLATERAL. I al.knr, v?lndge !hr,; Now is -..Lapel b•; IL•, I,IL. rill null )i das:, r,b^'1 ,n 11,. ., ..... insp ,must •,Ird 1•cl , I;nrlrin++p.. nr
'teed s! Trlls! in it trustee n la'.•or ,11 L,.ndgr Or r,,tl ilpgrly a,efl u, (hrv1HER!„AI• ) r,. p,i ,t Pn
SUCCES50R INTERESTS. Thn to ,;I 11'r Note ..tau I non rill nr>. n ,,I
a5514ns, )rid snail mtjlo to the benefit of Londe, ald is Suf. i:eS Snrti dnd aS."OnS?
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. t'Lslse nnnly ;1s If "c n?oo'I o iuo .. r;,lr:
:,fo,manon about Vour accounlfsi to a consumer resorting agency. Your wniterl n17Ure Cle5errh,ng the tii)er,illr• lnar t; vacyiloO should br: r'r.nl 11;
,ls at IhP lnllov+ is address: COMMERCE BANKfHARRISBLIRG N.A. LOAN SERVICING PO BOX 1198 CAMP MILL. PA 17011-1195
GENERAL PROVISIONS. If any Part of this Nola Cannot he enlotceCL If- laci 'will not olfeci trio rest •ol th, Note. Lender may delay or fsr,i:'r
,nfor ,ing '111v of is rights or r 1F.dlr:`5 Undri, Ihls Noln -0 11-1 Ins'ng Ih.,:m. : and .,n: nth,;' o--ri why -In,, i)u, r, nlcn:: nf nndn-i, 0-
Note.' to the Patent allowed bV Maly. waive presentment, ctemarld for hilyrneiil. and not -.n Cr d'Shf nr;,. Upon any ch:,nllq 0- u:rms :)1 Ihl
Nnl,i. .min's nlhrrsv se .+.?nrpssIv S!aln_r1 n', -t,n,j. ,c 0iri•, +^.hn Ctrs :1,5 pJn h.. :.1 r,ihp I; rnakcr rithu unlrlr l lrnm mnrl it .,.
r. o-11 hr, I_ ,r.ll r.r , fah ilY. All -:A part-..- ec t.h .• Lender m,,, a w I,)r nv Innrirh r+1 11-ii Inn,
,;',n II''f.;15n irly {l:ir i'? fl .,J:trflntrl, !:mlatwr'l. •, ;,rr, I,I. I,l r(`a .,,1:'. r, I I: e:. lc :,r.r,,,•r rnin,r!,1 -I 11,:
'ariv II ti I1.11d ) 1011-IV 1111. I),1 I.. C .I I'I :r'1 -! - s n, II 1"nn l . y ,o 11 I I ,. n.
,. -d,, TI .:.l.l,),!I - .11.1.1.1 11)'S I. I:, "r? Ir .t d .;,. rl l" I r,an. h1 o t ill ;il l!h,.
.115'"On'ng Iinlri:v
PRIOR TO SIGNING THIS NOTE. I READ AND UNDERSTOOD ALI. THE PROVISIONS OF THIS NOTE. INCLUDING THE VARIABLE INTERE:iT
RATE PROVISIONS. I AGREE TO THE TERMS OF THE NOTE.
1 ACKNOWLEDGE RECEIPT OF A COMPI.ETED COPY OF THIS PROMISSORY tin rE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOT(; IS AND SHALL CONSTI'f UTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER.
C. ODY'A. CARBAUCH
P- col Idr.,n l irir,;, jinn
Num Wien
RECORDATION
REQUESTED BY
COMMERCE
BANH'HARRISBURG NA
RESIDENTIAL MORTGAGE
00 SFN ATE AVENUE
(:ANIP HILL. uA 17011
WHEN RFCORDED MAR
Tn
x!,11,, .!!-. ,
SEINU 11A IVUIIL,CD IU'
+.:]O M U, E R CE
RANIf:HARRISBURG N„
-(,AN SERVICING
1!1() SENATk. AVENUE
;'.AnaP HILL. PA 17011 =(;P 1; 1,C(i 1=. Df:R 115 irl1
MORTGAGE
pirdrPr Mar- UNI DRtA ItWAOMEN'r 1.", n, ic??') 1 171
PENNSYLVANIA •'•11•'' Fann.r rnaa II
MORTGAGE
Loan No: 33332241 (Continued) Page 2
This Sccunty Instrument secures lit Lender: It) the repayment of me Loan, and all renewals, extensions and
modifications of the Note; and (it) 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 Lender, the lollowmg
described properly located in The County of CUMBERLAND:
Real Property tax identiflcallon number Is
ALL THAT CERTAIN TRACT OF LAND AND IMPROVEMENTS SITUATE IN THE BOROUGH OF NEW
CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO.
which currently has the address of LOT 10 AND REMAINDER OF LOT 9 CAROL PLACE, NEW CUMBERLAND.
Pennsylvania 17070 ("Property Address 1:
TOGETHER WITH all the improvements now or herealler erected on The property, and all easements,
appurtenances, and lixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument, All of the loreguing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is laovfully wised of the estate hereby conveyed and has line fight to
mongage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Burrower warrants and will clelond generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and nonuniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and -agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay
when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late
charges due under the Note. Borrower shall also pay funds tot Escrow Items pursuant to Section 3. Payments due
under the Note and this Security Instrument sinall be made in V.S. currency. However, it any check or other instrument
received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may
require that any of all subsequent payments due under the Note and this Security Instrument be made in one or more of
the following terms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check
or cashier's check, provided any such check is drawn upon an institution whose depositsjare insured by a lederal
agency, instrumentality, or entity: of (d) Electronic Funds Transfer,
Payments are deemed received by Lender when received at the Io Ceborl designated to the Note at at such other
lucauun as may be designanad by Lender it, accordance vith the notice pruvsions in Section 15. Lender may return
any payment or partial payment it the payment of partial payments are insufficient id bring Ine Loan current. Lender
may accept tiny payment or partial payment lnsullicient to bring the Loan current, without waiver of any rights
neteunder or prejudice to its rights to reluse such payment or partial payments in the future, but Lender is not obligated
to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its
sCheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until
BUrrowof makes payment to taring the Loan current. It Borrower does not do so within it reasonable period of time.
Lender shall either apply such IUnds dr return them to Borrower. II not applied earber, such funds will be applied to The
outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might
have now er in the future against Lender shall relieve Borrower from staking paymem5 due under the Note and This
Security Instrument or performing Ina Covenants zinc] agreements secured oy this Security Instrument.
2. Application of Payments or Proceeds. Excepi as otherwise described in this Section 2, all payments accepted
and applied by Leander shall be applied in the following order of priority: Ian interest due under the Note; IbI principal due
under the Note:;: t(;) amounts clue under Secnun 3 Such payments shall be appt:eo to each Penodic Payment in the
order in which it became clue. Any remaining arrounts shall be applied last to lane charges, second m any other
amounts clue under this Security Instrument, and then to reduce the principal balance of the Note.
If Londer receives a payment from Burrower lot if delinquent Penodic Payment which includes it sullicient amount
to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. II more than
one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the
Periodic Payments it, and to the extent Ural, each payment can be paid in lull, To the extent that any excess exists
after the payment is applied 10 the lull payment of one or more Periodic Payments, such excess may be applied to any
late charges due, Voluntary prepayments shall be applied first to any prepayment charges and then as described in the
Note.
Any application of payments, insurance proceeds, of Miscellaneous Proceeds to principal due under the Note shall
nor extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,
until the Note is paid in full, a sum (the "Funds"I to provide for payment of amounts due lot: (a) taxes and assessments
and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)
leasehold payments of ground rents on the Property, it any; (c) premiums lot any and all insurance required by Lender
under Section 5; and (d) Mortgage Insurance premiums. if any. or any sums payable by Borrower to Lender in lieu of the
payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called
"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues. Fees, and Assessments, if any, be escrowed by Borrower, and such dues. fees and assessments
shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.
Borrower shall pay Lender the Funds tot Escrow items unless Lender waives Borrower's obligation to pay the Funds lot
any or all Escrow Items. Lender may waive Borrower's obligation To pay to Lender Funds lot any or all Escrow Items at
any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and
where payable, the amounts due for any Escrow Items lot which payment of Funds has been waived by Lender and. if
Lender requires, shall lurnish to Lender receipts evidencing such payment within such time period as Lender may
require. Borrower's obligation to make such payments and to pruvide receipts shall for all purposes be deemed to be u
covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used an
Section 9. If Borrower is obligated to pay Escrow Items directly. pursuant to a waver. and Borrower fans to pay the
amount due lot an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower
shall then he ubligaied under Section 9 to repay 10 Lender any such amount, Lender may revoke the waiver as to any
PENNSYLVANIA Single Fam:ly-Fannie Mne!Freddie Mac UNIFORM INSTRUMENT Form 3039 1101
Page 2 0t. 8
-1 -7
MORTGAGE
Loan No 33332211 (Continued) Pane 3
iN
I'EN NSvIVArJIA 'i .•.I'". ? F".-, Nt- UrJ IF i1 [: 611
MORTGAGE
Loan No: 33332241 (Continued) Page 4
If BonUwer abandons the Properly. Lender may file, negotiate and settle any available insurance claim antl related
mutters. If Borrower does not respond within 30 days to a notice Item Lender that the insurance carrier has offered to
settle a claim, then Lender may nCgOliale and Settle the claim. The 30-day period will begin when the notice is given.
In either event, or it Lender acquires the Properly under Section 22 or otherwise, Borrower hereby assigns to Lender (a)
Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this
Security Instrument, and It)) any other of Borrower's tights lather than the right to any refund of unearned premiums
paid by Borrower) under all insurance policies covering the Property, etsotar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay
amounts unpaid under the (vote or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60
days alter 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 withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property: Inspections. Borrower shall not destroy, damage or
impair the Properly. allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is
residing in the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or
decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not
economically feasible, Borrower shall promptly repair the Property it damaged 10 avoid further deterioration or damage.
It insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Properly only If Lender has released proceeds for Such purposes,
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as
the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's oblioution for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspec Uons of the Property. It it has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of
or prior to such an interior inspection specifying such reasonable cause.
B. Borrower's Loan Application. Borrower shall be in default it, during ;he Loan application process, Bonowar or
any persons or entities acting at the direction of Borrowar or with BOnGwel's knowledge or consent gave materially
false, misleading, or inaccurate information or statements to Lender wi lailed to provide Lender with material
information( in connection with the Loan. Material representations include, but are not limited to. representations
concerning Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. 11 (a) Borrower tails
to perform the covenants and agreements contained in this Sec Urity instrument, Ibl there is a legal proceeding that
might significantly affect Lender's interest in the Properly aniffor rights under this Security Insvument (such as a
proceeding in bankruptcy, probate, lot condemnation Or forfeiture, for enforcement of a lien which may intain priority
U.L'r tilts Security Instrument of to enl Ofce. laves at regulalioilsi, UI (c) Burro-et has abandoned the Property, then
Lender may Ou and pay 101 whatever is reasonable of appiopiiilte 10 pf UlcCt Lender's interest in the Pfaperly and rights
under this Security Instrument. Including protecting and:or assessing the value of the Property, and securing andiur
wp-lnU lie Property. Lender's actions can include. but are riot hmlled to: tai paying any sums secured by it lien which
has priority over this Security Instrument: ILI appearing in court; and icl paying reasonable attorneys' fees 10 protect its
interest in the Properly andlor rights under mis Security Instrument, including its secured position in a bankruptcy
proceeding, Seconl q the Property includes. but is not limned to, entering the Properly to make repairs, change locks.
replace or board up doors and windows, drain water Item pipes, eliminate budding or Other code violations or dangerous
conditions, and have utilities turned on or all. Although Lender may take action under this Section 9, Lender does not
have to do so and is not under any duly or obligation to do so. It is agreed that Lender incurs no liability lot not taking
any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrument. These amounts shall bear interest at the Note rote from the date of disbursement and shall be
payable. with such interest, upon notice from Lender to Borrower requesting payment.
It this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. It Borrower
acquires lee title to the Property, the Ieaschold and the fee tide shall not merge unless Lender agrees to the merger In
writing.
10. Mortgage Insurance. It Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall
pay the premiums required to maintain the Mortgage Insurance in effect. II, for any reason, the Mortgage Insurance
coverage required by Lender ceases to be available Irom the mortgage insurer that previously provided such insurance
and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,
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 selected by Lender. It substantially equivalent Mortgage Insurance coverage
is not available. Borrower shall continue to pay to Lender the amount of the separately designated payments that were
due when the insurance coverage ceased to be in effect. Lender will accept. use and retain these payments as a
non-retundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding
the tact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings
on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage lm the
amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is
Obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender
requfrecl Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately
designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for
Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such
termination or until termination is required by Applicable Law. Nothing in this Section 10 effects Borrower's obligation
to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur it
Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into
agreements with Otner parties that snare or moLhly thi7n risk, or reduce losses. These agreements are on terms and
condalons that are satisfactory to the mortgage insurer and the other party for partiesl to these agreements. These
agreements may require the mailgage insurer to make payments using any source of funds that the mortgage insurer
may have available (which may include lunds obtained Irom Mortgage Insurance premiums)
As it result Of these iigreenjenl S. Lentler, any purchasef of the Now. anathef in>ufer, any reinsufer, any uthef
PENNSYLVANIA-Single Fattoy Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101
Page 4 at 8
i .. ..I 9
F.? M.in?F,d Ain PAAC UNIFORM INSTRUMENT Fns n 3031 1'(11
PENNSYLVANIA
nlll I
I ,
MORTGAGE
Loan No: 33332241 iContinuedi Page 6
absence of express authority in this Security Instrument to charge a specific lee to Borrower snail not be Construed as a
prohibition on the charging of such lee. Lender may not charge lees that are expressly Prohibited by this Security
Instrument of by Applicable Law.
It The Loan is subject to it law which sets maximum loan charges, and Thal law is linally interpreted so that the
niai"t or other loan charges collecled or to be collected in connection with the Loan exceed the permitted limits, then:
sal any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and lot
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.
11 a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge
(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made
by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such
overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security instrument must be in
writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to
Borrower when mailed by lirst class mail or when actually delivered to Borrower's notice address it sent by other
means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice
address by notice to Lender. Borrower shall promptly notify Lender at Borrower's change of address. It Lender specifies
it procedure lot reporting Borrower's change of address. then Borrower shall only report a change of address through
that specl6ed procedure. There may be only one designated notice address under this Security Instrument at any one
time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated
herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security
Instrument shall not be deemed to have been given to Lender until actually received by Lender. It any notice required by
This Security Instrument is also requited under Applicable L'aw, the Applicable Law requitement will satisfy the
corresponding requirement under this Security instrument.
16. Governing Law: Severebility, Rules of Construction. This Security instrument shall be governed by federal law
arid the law of The jurisdiction in which the Properly Is IPCaled. All rights and obligations contained in this Security
instrument are subject to any requirements and !Imitations of Applicable Law. Applicable Law might explicitly or
implicitly allo%., she parties to agree by contract or it might be Silent, but such silence shall not be construed as a
prohibition against agreement by contract. In the event that any provision or clause of this Security instrument or the
Note conflicts with Applicable Law, such Conflict shall not atlect other Provisions of this Security instrument or the
Note which can be given Oleo% without the conflicting provision.
As used if) this Security Insttumem: la) words of she masculine gender shall mean and include corresponding
neuter words or words of the leminine gender; Ibl words ah the singular shall mean and include the plural and vice
versa; and (c) the word "may" gives sole discretion without any bbLgation to take any action.
17. Borrower's Copy. Borrower shall be given aria copy Of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
Property" means any legal or benelicial interest in the Properly, including, but not limited to. those beneficial interests
transferred in a bond for deed, contract lot deed, installment sales contract or escrow agreement, the intent of which is
the transfer of title by Borrower at a future date to a purchaser.
It all or any part of the Properly or any Interest in the Property is sold or transferred (or if Borrower is not a natural
person and a beneficial interest in Borrower is sold of transferred) without Lender's prior written consent. Lender may
require immediate payment in lull of all sums secured by this Security bssuument. However, this option shall not be
exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days Irom the date the notice is given in accordance with Section 15 within which Borrower must
pay all sums secured by this Security Instrument. It Borrower fails 10 pay these sums prior to the expiration of this
period, Lender may invoke any remedies permitted by this Secunly instrument without further notice or demand on
Borrower.
19. Borrower's Right to Reinstate After Acceleration. II Borrower meets certain conditions, Borrower shall have
the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest at: la) five days
before sale of the Property pursuant to any power of sale contained in this Security Instrument: lb) such other period as
Applicable Law might specify jot the termination of Borrower's right to reinstate: or (c) entry of a judgment enlorcrng
this Security Instrument. Those conditions are that Borrower: (al pays Lender all sums which then would be due under
this Security Instrument and the Note as it no acceleration had occurred; (bj 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, property inspection and valuation lees, and other fees incurred for the purpose of Protecting
Lender's interest in the Property and rights under this Security instrument: and (d) takes such action as Lender may
reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and
Borrower's obligation to pay The sums secured by this Security instrument, shall continue unchanged. Lender may
require that Borrower pay such reinstatement sums and expenses to one or more Of the following loans, as selected by
Lender; (a) cash; lot money Order; (cl certified check, bank check, treasurer's check of cashier's check, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity: or lot
Electronic Funds Transfer. Upon reinstatement by Borrower. this Security Inslrument and obligations secured hereby
shall remain fully ellectivb as d no acceleration had OCCurred. l'Id Wevel, INS nghl to reinstate snail not apply 11 the
.
case of arceleianun under Section 18
20. Sale of Note; Change of Loan Services: Notice of Grievance. The Note or a partial interest in the Note
together with this Security instruments can be sold one Or more times without prior notice to Borrower. A sale might
result In a change in the entity (known as the 'Loan Services') that collects Periodic Payments due under the Note and
this Security Instrument and performs other mortgage loan servicing obligations under the Note, this 5ecurily
instrument, find Applicable Law. There also might be one or mare changes of the Loan Servicer unrelated to a sale of
the Note. If there is a change al the Loan Servicer, Borrower will be given written notice of the change which will slate
the name and address of the new Loan Services, the address to which payments should be made and any other
information RESPA requires in connection with a notice of transfer of servicing. II the Note is sold and thereafter the
Loan is serviced by a Loan Services other than the purchaser of the Nate, the mortgage loom servicing obligations to
6o:rov+er rnli re..a.n vJiln lht Loan Selll- of tiC lldn_Icrred lu a siccei Sol Luon Se.-er a-j are tut assumed by the
Note purchaser unless onherwise provided by the Note purchaser.
Nether Borrower nor Lender may cornmcn-_ join, of be joined to any Iud,ciul action I— either an individual hOganl
,r the member of a class) that arises from the other party's actions pursuant to This Security rnsuumani or that alleges
that the the, party hits breached any plbvisiarh 111, or any duty awed by reason ot. Ihis 5al:unty Instr urnenl. unhl Such
PENNSYLVANIA Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3039 1101
Page 6 of B
MORTGAGE:
Lunn No 33332241 (Continued) page. 7
f.i....... Ma, rtl tl?c M.f. UM FQRFA I N.GTRIlt:1F.NT
?'fNNS'f l.V ?I NIG ^, ,.?,
Germ 300!) t_ `"
MORTGAGE
Loan No: 33332241 (Continued) Page 8
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/HARRISBURG N.A., herein is as Iollows:
RESIDENTIAL MORTGAGE, 100 SENATE AVENUE, CAMP HILL. PA 17011
Alturney or Agent for Mortgagee
ISpace Below This Line For Acnnowleegmentl
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA I
/ 1SS
COUNTY OF __, ,t 4t3zt / 1
On this, the day of 20 L,2 before me
the undersign d Notary Public, personally appeared CODY A. CARSAUGH.
known to me for satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he or she executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official sal.
140IARIAL SEAL ? ???f
MICHELE A. BLOUSE, NOTARY PUBLIC Notary Public in and for the State of /?1c
York Twp., York County
6?COwmisNilon• Expirns No, 29, 2005
••w f
PENNSYLVANIA Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3039 1101
Page 8 of 8
_ J
This Indenture
? I'l J
C : is \ ?• I c) ?:
EXHIBIT 'A
LEGAL DESCRIPTION
ALL that certain piece or parcel of land sir_.;at:e _n the Borough of
New Cumberland, County .A ;- uPiberIand a nd nrrmnnwe1ath of
Pennsylvania. more pa r. t_icu': a=:a;y bn:.nd(:-d and desrtr:'r•e:i a:., to
w 1 t.
PARCEL ?L:
BEGINNING at a point on the northeasterly side of Carol Place, which
pint of beginning is a distance of five hundred twenty-four and
thirty-four hundredths (524.34) feet from the north end of an arc of
a curve having a radius of sixteen (16) feet connecting the northern
right-of-way line of Carol Street and the eastern night-of-way line
of Carol Place: thence North thirty-six (36) degrees fifty-s:x (56)
minutes thirty (30) seconds East, a distance of one hundred
seventy-seven and twenty-eight hundredths (177.28) feet to a point:
thene North forty-one (41) degrees twelve (12) minutes West, a
distance of one hundred twenty-two and twelve hundredths (122.12)
feet to a point: thence South forty-eight (48) degrees twenty-nine
(29) minutes West, a distnace of two hundred sixty-one and
seventy-nine hundredths (261.79) feet to point; thence South
fifty-four (54) degrees thirty-two (32) minutes East. a distnace of
one hundred twenty-two and two hundredths (122.02) feet to a point
on the northwesterly side of Carol Place: thence along the line of
CArol Place by a curve to the right for a radius of fifty (50) feet.
an arc distance of seventy-nine and eighty-two hundredths (79.82)
feet to the point and place of BEGINNING
BEING all of Lot No. 8 and part of Lot No. 9 or, the Plan Westove_
Terrace, New Cumberland Borough, Cumberland Count'', Pennsylvania. as
recorded on February 21, 1954 -In the Office of th«2 Recorde rof Deeds
of Cumberland County in Plan Book. 77. Page !I.
Parcel Identification Number
J rl
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n
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NOTARIAL SEAL
1 t?51CHcL= 11. BICUSE. '°?+T. '.'<SL.C t
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rtll„,
LOAN POLICY 01 1. H.. INSI'It,??c'1: ?I
UNITED GEINERAI. N11. f, lF?;Q ??
`I'IT1.E INSURANCE COMPANY
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UNITED GENERAL. T FLE INSURANCE C:OINIPANY
LOAN POLICY
SCHEDULE A
Policy No.: Date of Policy: Premium' :Unoum of Insurance
63645389 04/25/06 at 5126, 000.00
Agent's File No. SIII1l11lancons lawc wilh: Amount of Reissue Policy:
CM5-209 S
I Name of Insured.
Commerce Bank/Harrisburg, N.A., its successors and/or assigns.
I fhe estate or interest in the land Moch is encumhercd by the mOrlgage is. Fee Simple
1. Title to (fie estate or intcresl in the land is Nested in
Cody A. Carbaugh
-1 . The insured mortgage and assignments thereof. if any. are described as follows:
Mortgage executed by Cody A. Carbaugh in favor of Commerce
Bank/Harrisburg N.A., dated 04/14/06 and recorded 04/25/06 in
Official Records Book 1947 at Page 4876, of the Public Records of
Cumberland County, Pennsylvania, in the original principal amount
of $126,000.00,
j. The land referred to in this policy is shoaled in the county of Cumberland the state of
Penns lvania and is described as follows
EXHIBIT "A"
LEGAL DESCRIPTION
ALL that certain piece or parcel of land situate in the Borough of
New Cumberland, County of Cumberland and Commonwelath of
Pennsylvania, more particularaly bounded and described as follows
to wit:
See Continuation Sheet
Valid only if attached to ALSA Loan Policy and Schedule B of United General'ride Insurance Company.
Ad. I A Lunn Policy Schcdulc A
t.lti-I fort Nn 251 (711 ()It)
LiNITED GENERAL TITLE INSURA,NC.E COMPANY
CONTINUATION SCHEDULE FOR USE Nvrm CO,NIi`. ITMENTOR POL.IC11-s
SCHEDULE,. A-5 (( ominue(j)
\Eenl'c hic No.: CM5-209
Commiuncnl No.:
Nilicy No.: 63645389
PARCEL #?1:
BEGINNING at a point on the northeasterly side of Carol Place,
which pint of beginning is a distance of five hundred twenty-four
and thirty-four hundredths (524.34) feet from the north end of an
arc of a curve having a radius of sixteen (16) feet connecting the
northern right-of-way line of Carol Street and the eastern
right-of-way line of Carol Place; thence North thirty-six (36)
degrees fifty-six (56) minutes thirty (30) seconds East, a distance
of one hundred seventy-seven and twenty-eight hundredths (177.28)
feet to a point; thane North forty-one (41) degrees twelve (12)
minutes West, a distance of one hundred twenty-two and twelve
hundredths (122.12) feet to a point; thence South forty-eight (48)
degrees twenty-nine (29) minutes West, a distnace of two hundred
sixty-one and seventy-nine hundredths (261.79) feet to a point;
thence South fifty-four (54) degrees thirty-two (32) minutes East,
a distnace of one hundred twenty-two and two hundredths (122.02)
feet to a point on the northwesterly side of Carol Place: thence
along the line of CArol Place by a curve to the right for a radius
of fifty (50) feet, an arc distance of seventy-nine and eighty-two
hundredths (79.82) feet to the point and place of BEGINNING-
BEING all of Lot No. 8 and part of Lot No. 9 on the Plan of
Westover Terrace, New Cumberland Borough, Cumberland County,
Pennsylvania, as recorded on February 21, 1955 in the Office of the
Recorde rof Deeds of Cumberland County in Plan Book 7, Page 11.
Parcel Identification Number
Connnu:m„n tid?cJ ulc
UGI I'Om, N0. I SS 1 7a 1:011)
UNITED GENERAL, fITLF INSURANCE COMPANY
LOAN POLICY SCHF-DULE 13-1
EXCEPTIONS FROM COVERAGE
Policy No.: 63645389
1-his policy does not insure against loss or damage and the Company will not pay costs, atlonteyti fees or expenses .shish arise
hs. reason , f.
PA11F I
L Rights or Claims of parties in possession not shown by the public records
'. FaSe'ItICDIS Or claims 0f CaSCmen1' 1101 shown by the pOhlic records.
1. Discrepancies, conflicts in boundary lines, encroachments, overlaps. Nanauons m shortage in area or content. pam walls
and/or any other maners that would he disclosed by a correci suvcv and/or physical inspection of the premises.
4 Ant, lien. or right to lien- for services, labor or material I1CIC1010TV or hereafter furnished. imposed by law and not shun,,/
by the public record.
... 'faxes or special a.cscssments which conslittuc liens or are duc or pavahlc including unredeemed tax sales.
hem(s) numbered above are her by dcleicd.
ALFA Loan Policy Schedule B.I
IKiT Form No. 2S2 (7;31/00)
UNITED (,ENERAI,'1'1'1'1,1-'INSUIIANC,'I,-I COMPANY
ENDORSE I)IIENT
Un;r hwd n:uI made :: pvi „f Policy Number 63695389 Pile Numher CM5-209
fhe (i011lpany insures that the covenants, conditions and restrictions affecting the title to the land cnnlained m
have not been violaled and that future violation lhereol will not cause a forfeiture or reversion of title.
AS used in this endorsement, the words "covenants. conditions and restrictions" shall 1101 he deemed 10 refer Io Or
include any terms. covenants, conditions or limitations contained in an instrument creating a lease.
As used in this endorsement, die words "covenants. conditions and restrictions" shall not be deemed to refer w nr
urch;de any covenants, conditions or restrictions relating to environmental protection.
'['his endorsement is made a part of the Policy and is suhjecl to alI of the tens and provisions thereof
and ul any prior endorsement thereto, except that the insurance afforded by this endorsement is subject to
neither paragraph 3(d) of the Exclusions From Coverage nor paragraph 3(b) of the Conditions and Slipuhrlions.
l xce.pt to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and anv
prior endorsements, nor does it extend the eilective date ol. the Policy and any prior endorsements, nor does it
increase the face amount thereof.
NY PlIT.VESS WHEREOF, Ilniled General lisle Insurance Company has caused [his endorsement to he issued and
become valid when signed by an authonzed officer rat licensed agent of the Company.
UNITE-D GENERAL "IITU 1NSURANCP. COMPANY
GLOBAL SETTLEMENT
S CLOSING, LLC
fiv:
Authorized Ollicer Or Licensed Agent
TIR130l'-PA LNDORSPOP,"r )Oil (Re,mctinns- No Apparent bis;intc Vmlatit ,)(Rcv'dw,olat(1)
LOAN POLICY ONLY ,,..r.u,•:r;,...;,I..: "r.,.::,, .,
UNITED GENERAL, TI.1 LE INSURANCE COMPANY
ENDORSENIENh
Auached ;u and made a pm-t of Policy Nuniher 63645389 Pile Number CM5-209
The Company eliminates from its Inan policy ;he cxceplion reading as follow s:
and further insures, except as set forth above, against loss h, reason of encroachment. other !lian by parlyI
walls, whether by the building on the land encroaching upon adjacent property or by any building on adjacent
property encroaching upon the said land.
'This endorserent is made it pan of the Pcilicy and is subject to all of the terms and provisions thereof
and of any prior endorsement therein, except that the insurance afforded by this endorsement is subject to
neither paragraph 3(d) of the Exclusions from Coverage nor paragraph 8(b) of die Conditions arid Stipulations.
Except to the extent expressly stated, it neither modifies any of the terns and provisions of die Policy and aiv
prior endorsements, nor does it extend the efTective date of the policy and any prior endorsements. nor does it
increase the face amount thereof.
IN WITNESS WHEREOF, United General title hisurance Company has caused this endorsement to be issued and
become valid when signed by an authorized officer or licensed apent of the Company.
UNI-1'1il) Gl3NERAl.. TITLE 1NSURANCfi COMPANY
GLOBAL SETTLEMENT
b CLOSING, LLC
By /J/
Authorized Officer or Licensed Agent
HIU31)P- L'A t'.NUORSEMEN'f 700INtongage Survey I-xcepimill(07'01'95)
LOAN 1101 R Y ONLY , „
r
UNITED GENERAL TITLE INSURANCI COMPANY
ENDORSENIENT
Anached to ;md matte a part of Policy Nuntber 63645389 bile t•htmber CM5-209
Issued In:
Commerce Bank/Harrisburg, N.A., its successors and/or assigns.
The insurance afforded by [his endorsement is only effective if the land is used of is to be used
primarily fete residential purposes.
The Company insures the insured against loss or damage sustained by reason cil' lack of prionh of the
lien of the insured mortgage over:
tai any environmental protection lien which, at Date of Policy, is recorded in those records established
under state statutes at Date of Policy for the purpose of imparting constructive notice A matters
rclaling to real propeny to purchasers for value and without knowledge, or filed in the records of the
derk of the United States district court for the district in which the land is located, except as set forth in
in Schedule B; or
Ih1 any environmental protection lien provided for by any state statute in effect at Daie III, I'nlic_\-. cscrpt
environmental protection liens provided for by the following state statutes:
(NONE)
Ibis endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof
and of any prior endorsement thereto. Except to the extent expressly stated, it neither modifies any of the tens
and port isions of the Policy and any prior endorsements; nor does it extend the effective date of the Policy
and any prior endorsements, nor does it increase the face amount thereof.
IN 117 NESS 1(' I REOF, United General title Insurance Company has caused this endorsement it, he issued ;md
become valid when signed by an authorized officer or licensed agent of the Company.
UNITED GENERAL. TITLE INSURANCE COMPANY
GLOBAL SETTLEMENT
S CLOSING, LLC
Authorized Officer or Licensed Agcm
TIRROP- PA ENDORSFt.1FNT 900 (AL I A Fnd-wment R.t) (F_nvirrmnxhnal Protection Lien lindorscrnent) (03r01'9i )
RPSIDE'N*IIALLOAN POLICY O'`TN 1111d,,:...n
"EXHIBIT D"
Page: 1 Document Name: untitled
RLDILO RL DISPLAY LOAN RANK 0184
FWD )
RESID CONST. FLOAT 000 033332241 CODY A CARBAUGH
LOAN BAL 126,000.00 CONTRACT DATE 04/14/06 LOAN STATUS ACTIVE.
INT DUE 2„534.00 ADVANCE DATE 04/14/06 PROCESS STAT NORMAL
INS DUE MATURITY DATE 04/14/07 NON-ACCR STAT ACCRUING
REBATE INS LAST TRAN DATE 06/30/06 INTEREST TYPE SIMPLE RUN-TO
ESCROW AMT LST MAINT DATE 04/18/06 INT RATE CODE VARIABLE SNGL
LATE FEES 93.35 LAST PRIN TRAN 04/14/06 RECALC TERMS NO RECALL
LOAN FEES PRIN PAID TO 00/00/00 REPYMT METHOD SUMMARY BILL
PREPYMT PEN .00 INT PAID TO 00/00/00 REVOLVE CODE NON-REV MULT
PAYOFF AMT 128,627.35 ACCR THRU DATE 0'7/04/06 RENEGOTIATED NO
PAST DUE 1,867.25 PYMTS PAID TO 00/00/00 DAYS PAST DUE OSO
NEXT DUE 918.75 NEXT PYMT DUE 05/14/06 PYMTS REMAIN 0012
LAST PYMT .00 LAST PYMT DATE 00/00/00 PYMTS PAID 0000
PARTIAL PD .00 RIGHT TO CURE 00/00/00 PAYBACK INDEX REPYMT SCHED
SUBDZ PYMT .00 NEXT RATE CHNG 07/05/06 BOUGHT LOAN NO
LOAN AMT 126,000.00 ACCRUAL RASE 360/360 BANK OWN PCT 100.00000
AVAIL CRED .00 BRANCH 2000 OFFICER 251
NON-ACCR .00 CLASS lA EXTENSIONS 000
MIN EARN .00 COLL CODE RE RENEWALS 000
RES DUE DIRECT/INDIR DIREC'T' ***** TIMES LATE ****'*
VARIANCE PL US 1.00000 INT RATE 09.25000 OS 15 30 60 90 180
PER DIEM 32.37500 NEGATIVE AMOR'1 NO 2 2 1 0 0 0
Date: 07/05/2006 Time: 3:19:21 PM
"EXHIBIT E"
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KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By: Michael P. Coughlin, Esquire
I.D. No. 43793
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, Pennsylvania 19422
(610) 941-2456 Attorneys for Defendant
COMMERCE BANK/HARRISBURG, N.A.,
Plaintiff
V.
UNITED GENERAL TITLE INSURANCE
COMPANY,
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 07-3152
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of the undersigned on behalf of Defendant, United General
Title Insurance Company, in the above-captioned matter.
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By: -
M CHAEL . COUGHL ,
Attorneys for Defendant
Dated: June M , 2007
MPC/8/8/1021552_1
06/11/2007 12:07 PM
C'> ?
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TO: Plaintiff
You are hereby notified to file a written response to the
enclosed New Matter within 20 days from service
me against you.
hereo;9mr
By: Michael . Coug
hlin, Esq ' e
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By: Michael P. Coughlin, Esquire
I.D. No. 43793
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, Pennsylvania 19422
(610) 941-2456 Attorneys for Defendant
COMMERCE BANK/HARRISBURG, N.A.,
Plaintiff
V.
UNITED GENERAL TITLE INSURANCE
COMPANY,
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 07-3152
DEFENDANT'S ANSWER TO
PLAINTIFF'S COMPLAINT WITH NEW MATTER
Defendant, United General Title Insurance Company, by its attorneys, hereby answers
Plaintiff's Complaint as follows:
AS TO "LITIGANTS"
1. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the matters asserted.
2. Admitted in part, denied in part. It is denied that Defendant has its principal place
of business at 999 18th Street, Suite 3400, Denver, Colorado 80202-2434. While Defendant's
principal place of business was formerly located at that address, Defendant's current principal
place of business is located at 8310 S. Valley Highway, Suite 130, Englewood, Colorado 80112.
The remaining allegations are admitted.
MPC/553 4/ 1 9/ 1 04457 3_ l
07/10/2007 03:36 PM
AS TO "FACTUAL BACKGROUND"
3-5. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the matters asserted. By way of further
response, these allegations seek to characterize the contents of a certain "Commitment Letter"
attached to Plaintiff's Complaint as Exhibit "A". That "Commitment Letter" is in writing and
therefore speaks for itself. Plaintiff's characterization of the contents of the "Commitment
Letter" is denied.
6-10. Admitted.
11. Denied as stated. The Mortgage is in writing and therefore speaks for itself.
Plaintiff's characterization of the contents, or legal effect of, the Mortgage is denied.
12. Admitted in part, denied in part. It is denied that the two transactions occurred
"contemporaneously". To the contrary, Cody Carbaugh's ("Carbaugh") acquisition of the
property located at 83 Carol Place, New Cumberland, Pennsylvania ("83 Carol Place") occurred
on April 13, 2006. Carbaugh's acquisition of the property located at 92 Carol Place, New
Cumberland, Pennsylvania ("92 Carol Place") occurred on April 14, 2006.
13. Admitted.
14. Denied. Plaintiff's allegation that Principal Settlement Services, LLC
("Principal") "was an authorized agent and representative of Defendant" is a conclusion of law
to which no response is required. By way of further response, in April, 2006, Principal was a
limited agent of Defendant for the limited purpose of issuing title commitments and title
insurance policies underwritten by Defendant.
15. Admitted in part, denied in part. It is admitted that Principal conducted the
settlements of 83 Carol Place on April 13, 2006, and of 92 Carol Place on April 14, 2006.
MPC/5 5 34/1 9/1 0445 73_I 07/10/2007 03:36 PM
Plaintiff's allegation that Principal was "the authorized agent and representative of Defendant" is
a conclusion of law to which no response is required. By way of further response, paragraph 14
above is incorporated herein by reference.
16. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the matters asserted. By way of further
response, Plaintiff's allegation that Principal is "an authorized agent and representative of
Defendant" is a conclusion of law to which no response is required. By way of further response,
paragraph 14 above is incorporated herein by reference.
17. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the matters asserted. By way of further
response, Plaintiff's allegation that Principal is "an authorized agent and representative of
Defendant" is a conclusion of law to which no response is required. By way of further response,
paragraph 14 above is incorporated herein by reference.
18. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the matters asserted. By way of further
response, Plaintiff's allegation that Principal is "an authorized agent and representative of
Defendant" is a conclusion of law to which no response is required. By way of further response,
paragraph 14 above is incorporated herein by reference.
19. Denied. This is a conclusion of law to which no response is required.
20. Denied as stated. It is admitted that Principal issued to Plaintiff a "Loan Policy of
Title Insurance", Policy No. 63645389, underwritten by Defendant ("Title Policy") and that a
copy of the Title Policy is attached to Plaintiff's Complaint as Exhibit 'T". It is denied that the
MPC/5534/19/1044573_1 07/10/2007 03:36 PM
Title Policy was issued on April 25, 2006. To the contrary, the "Date of Policy" under the Title
Policy is April 25, 2006.
21. Denied. The Title Policy is in writing and therefore speaks for itself. Plaintiff's
characterization of the terms of the Title Policy is denied.
22. Denied. The Title Policy is in writing and therefore speaks for itself. Plaintiff's
characterization of the terms of the Title Policy is denied.
23. Denied. These are conclusions of law to which no responses are required.
24. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to what and when the "Bank learned".
25. Denied as stated. It is admitted that by letter dated July 7, 2006, Plaintiff
submitted to Defendant, at Defendant's office located in Canonsburg, Pennsylvania, a "Proof of
Loss or Damage", and that a copy of that letter and the "Proof of Loss or Damage" is attached to
Plaintiff's Complaint as Exhibit "G". The remaining allegations are either conclusions of law to
which no responses are required or allegations which seek to characterize the contents of the
letter or "Proof of Loss or Damage" which are in writing and therefore speak for themselves.
26. Admitted.
27. Admitted only that Defendant has not paid Plaintiff the sum demanded by
Plaintiff.
28. Denied. This is a conclusion of law to which no response is required.
29. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the matters asserted.
30-32. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the matters asserted.
MPC/5534/1 9/1 0445 73_l 07/10/2007 03:36 PM
AS TO "COUNT I - NEGLIGENCE"
33. All paragraphs above are incorporated herein by reference.
34-36. Denied. These are conclusions of law to which no responses are required.
WHEREFORE, Defendant respectfully requests the Court to enter judgment in its favor
and against Plaintiff plus reasonable attorneys' fees and costs of suit.
AS TO "COUNT II - BREACH OF CONTRACT"
37. All paragraphs above are incorporated herein by reference.
38. Denied as stated. It is admitted only that on April 14, 2006, Carbaugh paid
$1,278.75 for the cost of the Title Policy. The remaining allegations are denied as conclusions of
law to which no responses are required.
39. Denied. This is a conclusion of law to which no response is required. By way of
further response, paragraph 14 above is incorporated herein by reference.
40. Denied. It is denied that on or about April 25, 2006, Principal remitted to
Defendant the title insurance premium referenced in paragraph 38 of Plaintiff's Complaint. To
the contrary, Principal has remitted only a portion of that premium to Defendant.
41. Denied. This is a conclusion of law to which no response is required.
42. Denied. This is a conclusion of law to which no response is required.
43. Admitted in part, denied in part. It is admitted that Defendant has not paid to
Plaintiff the amount demanded by Plaintiff. It is denied that Defendant is obligated under the
terms of the Title Policy or otherwise to pay the amount demanded by Plaintiff.
WHEREFORE, Defendant respectfully requests the Court to enter judgment in its favor
and against Plaintiff plus reasonable attorneys' fees and costs of suit.
MPC/55 3 4/1 9/1 0445 7 3_1 07/10/2007 03:36 PM
NEW MATTER
44. All paragraphs above are incorporated herein by reference.
45. Plaintiff's claims are barred or limited by the doctrines of waiver, estoppel or
laches.
46. Plaintiff's claims are barred or limited by the terms of the Title Policy.
47. Plaintiff's claims are barred or limited by the applicable statute of limitations or
statute of frauds.
48. Plaintiff's claims are barred or limited by the doctrines of comparative
negligence, contributory negligence and/or assumption of the risk.
49. Plaintiff has failed to mitigate its alleged damages.
50. Plaintiff's damages, if any, were proximately caused by the actions or inactions of
persons over which Defendant had no control, or right of control.
51. Plaintiff's claims are premature in that Plaintiff has not yet suffered an actual loss
compensable under the terms of the Title Policy.
52. Plaintiff's negligence claim is barred by the "gist of the action" doctrine.
53. Plaintiff's negligence claim is barred by the "economic loss" doctrine.
54. Plaintiff's negligence claim is barred by Section 14(b) of the "Conditions and
Stipulations" of the Title Policy which provides that "[a]ny claim of loss or damage, whether or
not based on negligence, and which arises out of the status of the lien of the insured mortgage or
of the title to the Estate or interest covered hereby or by an action asserting such claim, shall be
restricted to this policy".
MPC/5 5 3 4/1 9/1 0445 7 3_l 07/10/2007 03:36 PM
WHEREFORE, Defendant respectfully requests the Court to enter judgment in its favor
and against Plaintiff plus reasonable attorneys' fees and costs of suit.
Respectfully submitted,
KAPLIN STEWART M LOFF REITER & STEIN, P.C.
sy:
MICHAEL P. COUGH W ESQUIRE
Attorneys for Defend
Dated: July 10 , 2007
MPC/5534/19/1044573_1 07/10/2007 03:36 PM
VERIFICATION
I, G. Randolph Comstock, hereby verify that I am Assistant Vice President of United
General Title Insurance Company, am therefore authorized to execute this Verification on its
behalf, and that the facts set forth in the foregoing pleading are true and correct to the best of my
knowledge, information and belief. I acknowledge that I am subject to the penalties of 18
Pa.C.S.A. §4904 relating to unworn falsification to authorities.
G. Randolph Comstock, as Assistant Vice President
Dated: July 10, 2007
a
MPG5534/ 19/ 1044573_ I
07/09/2007 05:00 PM
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing "Answer to Plaintiff's Complaint with New
Matter" was caused to be sent, by first-class mail, postage prepaid, by the undersigned, on the
date stated below, to the addressees stated below and at the addresses stated below:
Jack F. Ream, Esquire
Ream, Carr, Markey Woloshin, LLP
119 E. Market Street
York, PA 17401
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By: Ak/.
MICHAEL P. COUGHL , ESQUIRE
Attorneys for Defendant
Dated: July IQ , 2007
MPC/5 534/1 9/1 0445 7 3_1
07/10/2007 03:36 PM
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2007-03152 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK HARRISBURG NA
VS
UNITED GENERAL TITLE INS CO
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
UNITED GENERAL TITLE INSURANCE COMPANY
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of WASHINGTON County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On June 20th , 2007 , this office was in receipt of the
attached return from WASHINGTON
Sheriff's Costs: So an.s 'Wigr
Docketing 18.00
Out of County 9.00
Surcharge 10.00 Tho as 1ne
Dep Washington Co 59.80 Sheri f of Cumberland County
Postage 3.42
100.22 6+.2 s'IO I
06/20/2007
REAM CARR MARKEY WOLOSHIN
Sworn and subscribe to before me
this day of ,
A. D.
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2007-03152 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
COMMERCE BANK HARRISBURG NA
VS.
UNITED GENERAL TITLE INS CO
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT UNITED GENERAL TITLE INSURANCE,
COMPANY by United States Certified Mail postage
prepaid, on the 30th day of May ,2007 at 1000:00 HOURS, at
999 18TH STREET SUITE 3400
DENVER, CO 80202-2434
and attested copy of the attached COMPLAINT & NOTICE
with
The returned
receipt card was signed by SIGNATURE ILLEGIBLE on
06/05/2007 .
Additional Comments:
CARD WAS MARKED THAT DEFENDANT HAD MOVED,
BUT NO NEW ADDRESS WAS PROVIDED
Additional Comments
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So
6.00 7.64 R. omas Kline
.00 Sh iff of Cumberland County
10.00
V U
23.64 ? ?)as(
Paid by REAM CARR MARKEY WOLOSHIN on 06/20/2007 .
Sworn and Subscribed to before me this
day of A.D.
, a true
. Together
WASHINGTON COUNTY, PENNSYLVANIA
OFFICE OF THE SHERIFF
SAMUEL F. ROMANO
SHERIFF
JAMES B.DALESSANDRO
CHIEF DEPUTY
Court Docket #: 07-3152 CIVIL
COURTHOUSE SQUARE
SUITE 303
100 WEST BEAU STREET
WASHINGTON, PA 15301
724-228-6840
FAx 724-223-4719
Sheriff File Number - 07002473
County of WASHINGTON, Commonwealth of PENNSYLVANIA
COMMERCE BANK/HARRISBURG, N.A.
vs.
UNITED GENERAL TITLE INSURANCE
COMPANY
Affidavit of Service
COMPLAINT
I hereby CERTIFY and RETURN that on 6/7/2007 at 11:30AM at 135 TECHNOLOGY DRIVE, SUITE 501
CANONSBURG, PA 15317 the within COMPLAINT, was served on UNITED GENERAL TITLE INSURANCE
CO., the defendant named therein, in the following manner:
ALTERNATE PERSON
By delivering to and leaving with CHRISTI NERONI the COUNCIL to the defendant a true copy thereof, a
person over the age of eighteen. Said address was the BUSINESS of the defendant.
SERVICE ATTEMPTS
Date: 6/6/2007 Time: 3:35 pm 135 TECHNOLOGY DRIVE SUITE 501 CANONSBURG, PA 15317
Fees Received from Attorney: MILEAGE ($34.30), POSTAGE ($1.00), FIRST DEFENDANT BASE COST ($24.50) Total Charges $59.80
Attorney Name: REAM, CARR, MARKEY & WOLOSHIN LLP, 119 EAST MARKET STREET, YORK, PA 17401
Affirmed & Subscribed to before
Me June 8, 2007
JAMES L ALTMAN, Deputy Sheriff
Notary Public NOTARIAL SEAL
Sr
PAULETTE DANIELS, Notary Public
My commission expires: Washington, Washington County, PA
.2010
of Washington County
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the cans to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
0 Agent
B. Recelved_Oy(Printed Name) G. Date
D. Is delivery address different from Item 19 u Ye:
If YES, enter delivery address below: 0 No
Uni ed G,.me Title Insurance
1 rest suite 3400
999,
3. Service Type
D4 er, CO 434 )tom certified mail 0 E>epresa Mail
? Registered 0 Return Receipt for Merchandise
Ap" ? Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) O Yes
2. 7005 1820 0002 4619 0531 07-3152 civil
PS Form 3811, February 2004 Domestic Return Receipt 102595-024A-iW
UNITED STATES POSTAL SERVICE
• Sender: Please print your name, address, and ZIP+4 in this box •
R. Thomas Kline, Sheriff
County of Cumberland
Court House
?'lWe• P4. 17013
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
A
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COMMERCE BANKMARRISBURG, No. 07-3152 Civil Term
N.A.,
Plaintiff
VS.
UNITED GENERAL TITLE
INSURANCE COMPANY,
Defendant
0
REPLY OF PLAINTIFF, COMMERCE BANKMARRISBURG, N.A., TO NEW MATTER
OF DEFENDANT, UNITED GENERAL TITLE INSURANCE COMPANY
44. No response required. To the extent a response is required, Averments 1
through 43 of the Complaint and Exhibits "A" through "G" of the Complaint are
incorporated herein by reference thereto.
45. Denied. This Averment constitutes a conclusion of law to which no
responsive pleading is required. To the extent that a response is required, Averments 21,
22, 25 and 26 of the Complaint are incorporated herein by reference thereto. In addition,
Plaintiff has complied with all requirements of and condition precedents set forth in the
Title Insurance Policy attached to the Complaint as Exhibit "F" within the time limits set
forth in the Title Policy (Exhibit "F" of the Complaint) in order for Defendant to be liable
to indemnify Plaintiff as a result of Plaintiff not having a first mortgage lien against either
83 Carol Place or 92 Carol Place and in order for Plaintiff to be able to timely file a
lawsuit against Defendant.
46. Denied. This Averment constitutes a conclusion of law to which
no responsive pleading is required. To the extent that a response is required, Averments
21, 22, 25 and 26 of the Complaint are incorporated herein by reference thereto. In
addition, Plaintiff has complied with all requirements of and condition precedents set
forth in the Title Insurance Policy attached to the Complaint as Exhibit "F" in order for
Defendant to be obligated to indemnify Plaintiff as a result of Plaintiff not having a first
mortgage lien against either 83 Carol Place or 92 Carol Place and in order for Plaintiff to
sue Defendant under the Title Insurance Policy attached to the Complaint as Exhibit "F".
47. Denied. This Averment constitutes a conclusion of law to which no
responsive pleading are required. To the extent that a response is required, Averments
21, 22, 25 and 26 of the Complaint are incorporated herein by reference thereto. In
addition, Plaintiff has complied with all requirements of and condition precedents set
forth in the Title Insurance Policy attached to the Complaint as Exhibit "F" within the
time limits set forth in the Title Policy (Exhibit "F" of the Complaint) in order for
Defendant to be liable to indemnify Plaintiff as a result of Plaintiff not having a first
A
mortgage lien against either 83 Carol Place or 92 Carol Place and in order for Plaintiff to
be able to timely file a lawsuit against Defendant.
48. Denied. This Averment constitutes a conclusion of law to which no
responsive pleading is required. To the extent a response is required, Averments 45, 49
and 54 of the Reply are incorporated herein by reference thereto.
49. Denied. This Averment constitutes a conclusion of law to which no
responsive pleading is required. To the extent that a response is required, Plaintiff is not
obligated to take any action to mitigate damages other than to comply with the
requirements set forth in the Title Policy (Exhibit "F" of the Complaint) in order for
Plaintiff to impose liability upon Defendant under the Title Policy (Exhibit "F" of the
Complaint) and in order for Defendant to pay to Plaintiff the face amount of the Title
Policy (Exhibit "F" of the Complaint). Plaintiff has, in fact, complied with all
requirements of the Title Policy (Exhibit 'F') in order to impose liability upon the
Defendant and in order for Defendant to be contractually liable to pay to Plaintiff the face
amount of the Title Policy (Exhibit "F" of the Complaint. Upon Plaintiff providing
Defendant with NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(Exhibit G" of the Complaint), Plaintiff was not obligated to take any further action
regarding the priority Bank's lien against 92 Carol Place or 83 Carol Place since
Defendant became solely obligated to deal with the priority of Bank's lien against 92
Carol Place or 83 Carol Place. See paragraphs 4, 5 and b of Title Policy (Exhibit "F" of
Complaint).
50. Denied. This Averment constitutes a conclusion of law to which no
responsive pleading is required. To the extent that a response is required, Principal at all
times was the authorized agent of the Defendant with regards to the issuance of the Title
Policy (Exhibit "F" of the Complaint). Reference is made to Answer Averment 14
which is incorporated herein by reference thereto.
51. Denied. This Averment constitutes a conclusion of law to which no
responsive pleading is required. To the extent that a response is required, Plaintiff has
suffered an actual loss and actual damages under and as provided for in the Title Policy
(Exhibit "F" of the Complaint). Plaintiff was to have a first lien against 92 Carol Place
or 83 Carol Place The Title Policy (Exhibit "F" of the Complaint) insured that Bank had
a first lien against 83 Carol Place. Bank does not have first lien against either 92 Carol
Place or 83 Carol Place.. Averment 23 of the Complaint is incorporated herein by
reference. Averment 49 of the Reply is incorporated herein by reference thereto. The
moment that Bank's lien against 92 Carol Place or 83 Carol Place was not a first lien
against 92 Carol Place or 83 Carol Place, Bank suffered an actual loss.
52. Denied. This Averment constitutes a conclusion of law to which no
responsive pleading is required..
53. Denied. This Averment constitutes a conclusion of law to which no
responsive pleading is required.
2
54. Denied. This Averment constitutes a conclusion of law to which no
responsive pleading is required.
Wherefore, the Plaintiff, Commerce Bank/Harrisburg, N.A., requests this Court to
enter a judgment in favor of the Plaintiff, Commerce Bank/Harrisburg, N.A., and against
the Defendant, United General Title Insurance Company, along with costs of suit.
July 27, 2007
Jack F Esquire
Ream, arr, Markey & Woloshin LLP
(formerly Kain, Brown & Roberts LLP)
119 East Market Street
York, PA 17401
I.D. 10241
Phone: 1-717-843-8968
Fax: 1-717-846-6676
E-mail: JckReam@aol.com
Attorney for the Plaintiff
Commerce Bank/ Harrisburg, N.A.
K
STATE OF PENNSYLVANIA
SS:
COUNTY OF
Before me, a Notary Public, in and for the said County
and State, personally appeared Angela Masser, who, being duly sworn
according to law, doth depose and say that she is a Vice President
of Commerce Bank/Harrisburg, N.A, a banking organization organized
and existing under the laws of the United States of America and
registered to do business in the Commonwealth of Pennsylvania, and
that as such officer is authorized to make this Affidavit on behalf
of Commerce Bank/Harrisburg, N.A., and that the facts set forth in
the foregoing document are true and correct to the best of her
knowledge, information and belief.
COMMERCE BANK/HARRISBURG, N.A.
4-Z (SEAL)
Ange Masser
Vice resident
Sworn and Subscribed to
before me this ZW day
of 3UIV 20016.
46ta P lic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Lindsay J. Reisinger, Notary Public
East Pennsboro Twp., Cumberland County
My Canmission Expose Aug. 27, 2008
Member. Pennsylvania Association Or Notaries
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COMMERCE BANK/HARRISBURG, No. 07-3152 Civil Term
N.A.,
Plaintiff
VS.
UNITED GENERAL TITLE
INSURANCE COMPANY,
Defendant
CERTIFICATE OF SERVICE OF -REPLY OF PLAINTIFF, COMMERCE
BANKMARRISBURG, N.A., TO NEW MATTER OF DEFENDANT,
UNITED GENERAL TITLE INSURANCE COMPANY"
I, Jack F. Ream, Esquire, attorney of record for the Plaintiff, COMMERCE
BANK/HARRISBURG, N.A., hereby certify that on July 27, 2007, I caused copy of the
"Reply of Plaintiff, Commerce Bank/Harrisburg, N.A, to New Matter of Defendant,
United General Title Insurance Company" ("Reply") to be served upon the attorney for
record for the Defendant, United General Title Insurance Company, being Michael P.
Coughlin, Esquire, by United States Mail, regular mail, postage prepaid by depositing the
"Reply" in the United States Post Office in York, Pennsylvania addressed to the
following address:
Michael P. Coughlin, Esq.
Kaplin, Stewart, Meloff Reiter & Stein, P.c.
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, Pa. 19422
July 27, 2007
Jack . eam, Esquire
Ream, Carr, Markey & Woloshin LLP
(formerly Kain, Brown & Roberts LLP)
119 East Market Street
York, PA 17401
I.D. 10241
Phone: 1-717-843-8968
Fax: 1-717-846-6676
E-mail: JckReam@aol.com
Attorney for the Plaintiff
Commerce Bank/ Harrisburg, N.A.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COMMERCE BANKMARRISBURG, No. 07-3152 Civil Term
N.A.,
Plaintiff
VS.
UNITED GENERAL TITLE
INSURANCE COMPANY,
Defendant
CERTIFICATE OF SERVICE OF "FIRST REQUEST FOR PRODUCTION OF
DOCUMENTS OF PLAINTIFF, COMMERCE BANK/HARRISBURG, N.A.,
ADDRESSED TO DEFENDANT, UNITED GENERAL TITLE INSURANCE COMPANY,
PURSUANT TO RULE 4009 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE"
I, Jack F. Ream, Esquire, attorney of record for the Plaintiff, COMMERCE
BANK/HARRISBURG, N.A., hereby certify that on August 8, 2007, I caused copy of the
"FIRST REQUEST FOR PRODUCTION OF DOCUMENTS OF PLAINTIFF,
COMMERCE BANK/HARRISBURG, N.A., ADDRESSED TO DEFENDANT, UNITED
GENERAL TITLE INSURANCE COMPANY, PURSUANT TO RULE 4009 OF
PENNSYLVANIA RULES OF CIVIL PROCEDURE" ("Document Request") to be served
upon the attorney for record for the Defendant, United General Title Insurance Company, being
Michael P. Coughlin, Esquire, by United States Mail, regular mail, postage prepaid by depositing
the "Document Request" in the United States Post Office in York, Pennsylvania addressed to the
following address:
Michael P. Coughlin, Esq.
Kaplin, Stewart, Meloff Reiter & Stein, P.C.
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, PA 19422
August 8, 2007
Esquire
Ream, Carr, Markey & Woloshin LLP
(formerly Kain, Brown & Roberts LLP)
119 East Market Street
York, PA 17401
I.D. 10241
Phone: 1-717-843-8968
Fax: 1-717-846-6676
E-mail: JckReam@aol.com
Attorney for the Plaintiff
Commerce Bank/ Harrisburg, N.A.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COMMERCE BANK/HARRISBURG, No. 07-3152 Civil Term
N.A.,
Plaintiff
VS.
UNITED GENERAL TITLE
INSURANCE COMPANY,
Defendant
CERTIFICATE OF SERVICE OF "FIRST SET OF INTERROGATORIES OF
PLAINTIFF, COMMERCE BANK/HARRISBURG, N.A., ADDRESSED TO
DEFENDANT, UNITED GENERAL TITLE INSURANCE COMPANY,
PURSUANT TO RULE 4005 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE"
I, Jack F. Ream, Esquire, attorney of record for the Plaintiff, COMMERCE
BANK/HARRISBURG, N.A., hereby certify that on August, 2007, I caused copy of
the "FIRST SET OF INTERROGATORIES OF PLAINTIFF, COMMERCE
BANK/HARRISBURG, N.A., ADDRESSED TO DEFENDANT, UNITED GENERAL
TITLE INSURANCE COMPANY, PURSUANT TO RULE 4005 OF PENNSYLVANIA
RULES OF CIVIL PROCEDURE" ("Interrogatories") to be served upon the attorney for
record for the Defendant, United General Title Insurance Company, being Michael P.
Coughlin, Esquire, by United States Mail, regular mail, postage prepaid by depositing the
"Interrogatories" in the United States Post Office in York, Pennsylvania addressed to the
following address:
Michael P. Coughlin, Esq.
Kaplin, Stewart, Meloff Reiter & Stein, P.C.
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, PA 19422
August8, 2007
eam, Esquire
Ream, Carr, Markey & Woloshin LLP
(formerly Kain, Brown & Roberts LLP)
119 East Market Street
York, PA 17401
I.D. 10241
Phone: 1-717-843-8968
Fax: 1-717-846-6676
E-mail: JckReam@aol.com
Attorney for the Plaintiff
Commerce Bank/ Harrisburg, N.A.
--'
Cam: -
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION: LAW
COMMERCE BANK/HARRISBURG,
N.A.,
Plaintiff
vs. No.: 07-3152 CIVIL TERM
UNITED GENERAL TITLE INSURANCE:
COMPANY,
Defendant
PRAECIPE TO DISMISS
TO THE PROTHONOTARY:
Please dismiss the above-captioned matter.
Date: 114 I OK
REAM, CARR, MARKEY &
WOLOSHIN, LLP
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By:
a F. Ream, Esquire
ID No.: 10241
119 East Market Street
York, Pennsylvania 17401
Telephone: (717) 843-8968
Attorney for Plaintiff
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