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HomeMy WebLinkAbout03-4234FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 GREENPOINT MORTGAGE FUNDING, INC. 2300 BROOKSTONE CENTER PARKWAY COLUMBUS, GA 31904 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. (!)2 l:, XT" STEPHEN M. EAGLE 116 RIDGE HILL ROAD MECHANICSBURG, PA 17055 ELSIE E. EAGLE AIK/A ELSIE E. BURNHISEL A/K/A ELSIE E. BAKER A/K/A ELSIE E. BURNHISEL-BAKER 116 RIDGE HILL ROAD MECHANICSBURG, PA 17055 Defendant(s) CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. -- You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 77098 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File #: 77098 Plaintiff is GREENPOINT MORTGAGE FUNDING, INC. 2300 BROOKSTONE CENTER PARKWAY COLUMBUS, GA 31904 2. The name(s) and last known address(es) of the Defendant(s) are: STEPHEN M. EAGLE 116 RIDGE HILL ROAD MECHANICSBURG, PA 17055 ELSIE E. EAGLE A/K/A ELSIE E. BURNHISEL A/K!A ELSIE E. BAKER A/K!A ELSIE E. BURNHISEL-BAKER 116 RIDGE HILL ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, On 11/17/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1583, Page 985. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 77098 6. The following amounts are due on the mortgage: Principal Balance $171,857.05 Interest 11,241.51 12/01/2002 through 08/26/2003 (Per Diem $41.79) Attorney's Fees 1,225.00 Cumulative Late Charges 140,04 11/17/1999 to 08/26/2003 Cost of Suit and Title Search $ 550.00 Subtotal $ 185,013.60 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 185,013.60 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 185,013.60, together with interest from 08/26/2003 at the rate of $41.79 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERM ND PHELAN, LLP , By: s/Fra al FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLMAN, ESQUIRE Attorneys for Plaintiff File #: 77098 doi-18-2003 10:55" ., i.' From-PREMIER ABSTRACT ya s ?, Recording Requested by and Mail to: GrveaPolat Mortgage 1?nndhtg, Ina 1100 Larksom Lending •-hole Suite 101 IrrX$Po , C. OlUbmis 94539 Parcel NuMber. So-07-0463-0_99 +243 3390 ROOMT P. ZIEGLER RFCOP,nr^ OF OEEOS GUMSERLANO COON"-PA -Fig NOV 29 P11 1 59 (91P4ue Above "It Lisa For aeeo,&m petal MORTGAGE THIS MORTOACIB ("SwAOty lustrl[0tatt-) is given on November 17, "ateph.n M. Legle arad Slain S. 20710, 999 Married ('Borrower'). This Suar{ty Instrument is given to coo--Paint Moitgaga fi%"Mng, Sna. T-285 P. 003/009 F-153 Thu mortgngor is which Is organiard sell asisliog under the laws of who state of Beer Wade , and whose address is 1100 Lasltrpas Landing c a,alo. mite 101, rgsrk.yuz, Ca1lEarnia 94,939 00/100thr ("Lander"). Panotear ow" Leader the principal eon of one Runds.d sawn ty-nix Thewana and Dollars (U.S. $ea, 000.0D This debt is tvideaotel by Horrower's 0090 dined the same data as this Se uritY hrstrumant ('Note'). wit" provides for zwoudy Pay M. wilh the Nil debt, if Out paid earlier, due and payable on n.oaan.r 1, 2029 'Phis 9eo0riry la3nr0teat aecaree to Lender: (a) due r apeymeet of the debt e,ldaued by the Note, wiTauus,, add al extortions, n tarewalq and tltodlfl=at of the Note: (b) the PaYmeat of all other awns, with iatcrost, sdvoacod under g 7 to pmuct the scourity of this Seeuriry 70atrumemr and (c) the perfotmaroe Of Borrowers eovauwts bad agteemes tuoder thin detoribryed bratnuom0t and Ne Note. For this purpose. Bunawer does hereby mongngc, great mei oanvey to Lauder the followiog p Pony loousd in Cumbeslard Cowry, Peaueylvaosa: As nor. psr%;LOU:Lasly d.sar6b.d is S+daibit e1' attaeh.d horeeo and made a past: haven!. 'which has the address of 116 Ridge Rill Road Meahesiashurg lvaoia 17051; I9vaeu, CYy7. PMAIN [zip ceasl C'Pro(terry Addraas"): F'pINaRVpoatma &T Imew FuO, RIW1a urnbaal ttaBTgtIMp4T Farm do. qWRIPAI u4t.sa .2,039 r.nrgav.rMwrtuae lew.,a.laogs am"Ir. 01000eoa44 ?? N`"? eoug1583reaE .985 ?l TOGETHER WITH all the improvements new or hereafter erieceFd On the io '( P IjattY, and all eesemmoa, appurtenarxes, and flausno now or hemy8er a put of the property. All replacements and additions shall also be covered by Ihls Security Innrunent. All of the foregoing is formed to In this Security Instrument W the "Propmy." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed red has the right to mortgage, gram and convey the Property and that the Property Is unencumbered, except for encumbrances of rawni. Borrower warrants and will defend generally the title to the Property against u/ claims and demands. subject to any anxumbrehCes of record. THIS SECURITY INSTRUMENT combines uniform cuvenanta for national use and non-uniform owmants with limited variations by jurisdiction to oenadmts a uniform security instrument covering real property, UNIFORM COVENANTS. Borrower and Lender covenant and agent as foilews: 1. Payment of Principal and Interest; Prepayment and Irate Charges. Rorrower shall promptly pay when due the principal of and interest on the debt evidenced by the None and any prepayment and late charges due under die Note. 2. Funds far Texas and Insurance. Subject to applicable law or to a written waiver by Lander. Iwrrowar shall pay to Lander on the day monthly payments ma due under the Note, until the Nom in paid In full, a sum ('Fnmdx•) for. (a) yearly tats and assgsments whleh may attain priority ever this Security Instrument as a Jim on the Properly: (b) Yearly lotxhold payments or ground refs ore the Property. if my: (c) yearly hazard or property insdranea premiums: (d) yearly food insurance premiums. If any: (e) Year1Y UKMSKe insurance Premiums. If any; and (0 any soma payable by Borrower to Lander. In accordance with the provisions of paragraph S. in lieu of the Payment of mortgage Insurance Premiums. Time items are ctdled •Facrow Items.' lender may, at any time, collect and hold Funds in an amount not to exceed the mnsin u e ameuat a lender for a federally =Is" mortgage loan may require for Borrower's escrow sr<ouet under the federal Real Bsaee Settlement Prooedura Act of 1914 as amstded from time to time, 12 U.S.C. Section 2601 of seq, (-RESPA'), unions another law tbs. applies to the Funds sets a laser [mount. If an. Leader may, a any time, collect arced hold Funds in am amount net to sxcad the lesser amour[. Lander may enlmate the amomt of Funds due an the basts of current data and reasonable estimates of comandimrm of Ibture Eaerow Isms er otherwise in accordance with agpBOable law, The Funds shall be held In an Institution whose deposis am insured by a federal agency, Jw nu~t&ljty, or amity (including Lender, If Lender Is such an institution) or In MY Federal Home Loan Bank. Lander shat apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing Die escrow seamed, or - verifying the Eserow Items, unless Lender pays Borrower imucst on the Funds and applicable law, permits Lender to make such , a abase. However, Lender my require Borrower to pry a one-time charge for an independent real xxstc tax reporting service used by Lender in ouaneellon with this loan, unions applicable law provides otherwise. Unless an agrmmOat is made or applicable law rcqulms interest to be paid, Lander shall not be required co pay Borrower my interest of cnrnings on the Funds. Harrower and Lander may agree in writing. however, that interest ehalf be paid on the Funds. Lander shall give to Borrower. without charge, an anmtW accounting of the Furls, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds ate pledged as additional security for all sums secured by this Security Instrument. If the Funds hold by Lender exceed the amounts permitted to be held by applicable law. Lander chat, nccc a it to Borrower for the excess Funds in accordance with the noquicur ums of applicable law, If the amount of the Prods held by Lanier at any time is not sufficient in pay the Escrow Items when due. Lander array so amity Borrower to writing. end.: a such case Borrower shall pay to Lander the amount necessary to make up the deficiency. Hortowar shall make up the deficiency in no mom than twelve monthly payments. at Landers now diacktion. Upon payment In full of all sums sacurad by this Security tnairumcm, Lender shall promptly rrJhnd to Borrower any Funds held by Lander. If, under paragraph 21. Lender shall acquire or sell the Property. Lander, prior to the acquisition for sale of the Property, shall apply any Funds held by Lender at the time of acquisition or side as a credit against the some mottled by this Security Wtrummit. 3. Application of Payments. Uniess applicable law provides otherwise, all payrnends received by Laid" under paragraphs I and 2 shalt be applied: first, in any prcpVmmt charges due under the Nom: second, to amounts payable under paragraph 2: third, to Interest due; fourth, to principal duo; and lam, to my Into charges due under the Note. d. Charges; ldas. Harrower shall pay all sass, usesatmnu, charge. fines and impositions attributable to the Property which may amain priority over this Security Instrument, and wasehold payments or ground meta, if an;r. Borrow" Shall pay these Obligations in the ra mar provided In paragraph 2, or if not paid in that manner. Borrower shall pay them an time directly in the person owed payment. Borrower shall promptly furnish to Lander all notirss of amount to be paid under this paragraph. If Borrower makes these payments directly. Borrower shall promptly famish to Lander recopy evidencing the Psymms. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless 11mTOWee: (s) ageeea in writing to the payment of the obligation secured by the lien in a meaner acceptable to Lander; (h) cones. In good faith the lien by, or defends against enforcement of the Ben in, legal proceedings which in the Lender's opinion cporate to prevent the enlimme am of the 11m; or (c) sacures form the holder of the )lea an agreement satisfactory in Lander subordinating the lien to this Security Instrument. If Lender ddermines that my part of the Property is subject to a lien which way attain priority over .? this security Instrument, Lander may give Borrower a notice idenlifylng the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 69AFai? ela00aaaae wNaa? (?pe;al?41 w•a.w s ..w s r s Farm am39 /90 Soug2583fact ,986 z6- S51-d 600/$'00 d 992-1 OBEs EP2+ 1JYMISSY Y31i1aSd-n01d wa59:01 s002-BI-or Jot-18-2003 10:56am From-PREMIER ABSTRACT +243 3390 T-285 P.005/009 F-153 S. Ilaratrd or Property Insurance. Borrower shall keep the improvements now existing or hereafter created on do Property insured against loss by Hre, hazards included within the term waxteeded coveragew and any other hazards, including floods or flooding. for which Lander requires insurance. This insurance shall be maintained In the amounts and for the periods thmt Leader requires. Tte insurance carrier providing the Insurance shall be chosen by Borrower subject to Leader's approval which shall not be unreasonably withheld, if Borrower fans to maintain coverage described above, lender may, at leader's option, obtain coverage To protect Leader's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall he acceptable to Lander and shill include a standard mortgage clause. Leader shall have the right to Imtdd the policies and renewals. if Lefler requires, Borrower shall promptly give to Lander all receipts of paid premiums and renavW notion. In the avant of long, Borrower shall give prompt notice to the Insurance carrier and Lander. Lander army retake proof of toss Want made promptly by Borrower. Ualas Lamer and Harrower otherwise agree in writing, insurance proceeds shall be applied to numeration or repair of the Property damaged, if tho restoration or repair is ammorematly feasible and Lender's security is act lesraned. If the maturation or repair is rot eronoadcally feasible or Leader's maturity would be lesened. the insurance proaeods shall be applied to the sums secured by this Secunitl' Instrument, whether or nor then due, with any etg6m paid w Borrower. If Harrower absmdoas the Property, or does act answer within 30 days a notice from Lander that the lesmmince carrier lam offered to smile a claim, then Lander may collect the insurance proceeds. Lender may can the proceeds to repair or ratox the Property or to pay sums secured by this Security Instrument, whether or not then dm. The 30-day period will begin when the notice is given. Unlfea Lander =1 Borrower otherwise agree in writing, any application of proceeds to principal shall not extern or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amour of the payments. if under paragraph 21 the Property is acquired by Lander, Horrower'e right to any insurance policies and proceeds rrsWtiag from damage to the Property prior to the acquisition shall pans to Lander to the carrot of the acres secured by this Security Inmtummt Immediately prior to the ecqulaition. e. Occupancy, 'Frecervutlun. hfainteaanee and Protection of the Property; Borrower's Loan Application; I.meeholds. Borrower h:hall occupy, establish, and um the Property as Hprrowor's principal residence within sixty days after the musm, Ion of this Sscuriy Instrument and shall continue to occupy the Propcny as Borrowar's Principe) residence for at least em year after the date of e.rupa cy, unless Leader otherwise agrees in writing. which cmmseent shall rot be unreasonably withheld, or unless extenuaing osgomatsnces exist which man beyond Borrower's control. Borrower shall rot destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default If any forfeiture motion or proceeding, whether civil or criminal. Is begun that In Lender's good faith judgment could result In forfeiture of the Property or uthermo ruterisHy imp er the lien created by this Security humannmt or Lamar's security Interest. Borrower may curs such a default and reinstate, m provided in paragraph IS, by causing the action or proceeding to be dismissed with a tiling the; in Larder's good faith determination, precludes forfeiture of the Borrower's Interest In the Property or other tmterial in iscumemt of the lien crewed by this Security humtcateut or Leader's security interest. Banower shall also be in default if - Borrower, during the bran application process, gave materially false or inaccurate information or statemsmts to lender (or failed w provide lendef with may material intercession) in connection with the loan evidenced by the Note, including, but rot limited to, rciatou nmtons raarmming Harrower's oecupaaay of cue Property u a principal residence. If thi+ Security Instrument is oat a -:leasehold, Borrower shall comply with all the provisions of the Irene. If Barrnwer acquires The title to the Property, the leasehold and the foe title shill nor merge on]= Leader agrees to the merger in writing. 7. Protedlo , or bender's 3Ughm in the Property. If Borrowcr fails to perform the covenants and agreements contained in thin Security Inurumwvt. or then is a legal proceeding that may significantly affect Lender's rights In the Property (such as a Proceeding In- ba ktapiny, prelude, for condemnation or forfeiture or to enforce laws or regulations), than Lender may do and •pay for whatever Is necessary an ptoteef the value of the Property and Lender's rights in the property. Lender's actions may •naclude paylag nay atmos secured by a lien which bas priority ovar this Saeurhy instrument. appening in court, paying reasonable atomays' Sses and maturing on the Property to make repairs. Although Lender may take action under this paragraph 7, lender don not have to do so. Any amoums disbursed by lender under this paragraph 7 shall become additional debt of Borrower secured by this •Saa'riry Instrument. [mess Honawer and Lender agree to other terms of payment. these amounts shall bear Internet from the date of disbnnemem 'c the Note rata and shai be payable, with interest, upon notice from Lender to Borrower requesting payment. g. Montage lnanuance. If Lander required mortgage Intimates: as a condition of making Lime loan seemed by this Sagacity Imtnnmanl, Borrower shall pay the prawku required to maintehn the mnongaze, insurance in effect. IL for any reason, the mortgage insurance coverage required by Lender lapsm or man aes to be in affect, Borrower shaft pay the premiums required to obtain coverage substantially equivalent re the mongege Insurance previously in affect, u a cast substantially equivalent to the cost in 13onsawer of the mortgage insurance previously in effect, front an alternate mortgage Inaurar approved by Leader. If substantially r4uivalent mongaga Insurance, coverage is act available. Borrower shall pay to Lander each munch a guar equal to ore-twelfth of the yea1Y mortgage hammame premium being Paid by Borrower. When the ineumaee coverage lapsed or caned to be In effect. Lander will accept, use and retain Mass payments as a loss reserve in lieu of mortgage insurance. Loss reserve + Aft.WIPA)wmaas 111sA"11, r,w a.r a• .• - pf?8?? ?? F 9o3Y 9/ao eo41115E3 fact; .987 ryv .,41411tL?3 "ml payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amomn and for the period that lender requires) provided by an Insurer approved by Lender again becomes available and Is obtained. Borrower Shull pay the premiums required to maintain mortgage insurance in effect, or to provide a lose reserve, until the ragoiremeet for mortgage insurance ands in accordance with any written agreettant between Bormwer and Lander or applicable taw. 9. Inspection. Lender Or its agent may make reasonable entries upon and impectlons of the Property. Lender shall give Do cave" code- as the it= of or prier to an inspection, specifying reasonable ceu s for the inspection. 10. Condemrutiou. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of soy part of the Property, or for conveyance in lieu of cordennaton, scat hereby assigned and shag be paid to Lender. In the avant of a fond adding of the Property. the proceeds shall be applied to the aunt secured by this Security instrument. whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property Immediately before the taking is equal to or greater tine the amount of the sums secured by this Security Instrument Irnm"Wely before the taking, unless Borrower and Lend" otherwise agree in writing, the sums secured by this Securiy instrument shall be reduced by the amomat of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured Immediately before the taking, divided by (b) the fair marlest value of the Property Immediately before the taking. Any balance shat] be paid to Borrower. In the event of a partial taking of the Property in which the fair Market value of the Property Immediately before the taking is less than the amount of the tuns secured Immediately before the taking, ank es Borrower and Lender otherwise agree in writing or ones applicable law otherwise provides, the proceeds shall he applied to me sums Seemed by this Security Iovwment whether or not the sums are then dec. If the Property Is abandoned by Borrower, or if. after ru t e by Lender to Borrower that the condesahor offers to make an award or same a cam for damages. Borrawsr falls to respond to Lander within 30 days after the due the notice is given, Lender in authorized in collect and apply the proceeds, u its option, either to restoratlem or repair ofthe Property or to the sumo secured by this Security Instrument, whether or not then due. Unless Lender and Burrower otherwise agent in writing, any application of javowds to principal AMU Out extend or postpone the data date of the monthly payments refereed to in paragraphs i and 2 or change the amount of each payments. 11. Bot rowsr Not Released; Porbear ranee By Lender Not a Waiver. Extension of the glass for peymeat or modification of amortization of the sums secured by this Security Instrument glare ul by Lender to any successor go Interest of Dormwer shall not opera" to release the liability of the original Borrow" err Borrower's suec umne in interest. Lander shall not be required to cowman proceedings against any auaes e r in Interest or refuse to extend it= for payment or otherwlau modify amortization of the sums secured by this Security fnstraaeat by reason of any demand made by the original Botrowar or Bonnower'a successors in interest. Any forbearance by Leader In exercising any right or remedy Shall net. be a waiver of or preclude the assuages of any right or ready. 12. Bueceuon and Assigns Bound; Joint and Screed IJabilfty, Co-signers. The orvetuau seal agreements of this Security instrument shall bind and benefit the aereeessora and assigns of Lender and Borrow", subjea. to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who as-signs this Security Instrument but does mot eaac to the Note: (a) Is ate-signing this Security ftstrument only in Smuggest. grant and convey that BormawYs interest In the Praperry under the terms of this Security Imtroment: (b) is not petsenally, obngnad to pay the erne Secured by this Security instrument-, and (c) agrees that Lender and airy other Harrower may agree to extend, modify, forbear or make any acoemtnwdatloas with regard to the terms of this Security instrument or the None without that Herrower's consent. 13. Lean Charges. If the least secured by this Security government Is subject to a law which San mstlmum horn charges, and that law is finally interpreted an that the Warner or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such town charge shall be reduced by the amount meocusey to reduce the charge to the permitted limit; and (b) my sums already collected from Harrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note jr by making a direct payment to Borrower. It a refund reduce principal, the reduction will be treated " a parts, prpaymoat without any prepayment charge under the Note. led. Nations. Any angles in Borrower provided for in this Security Instrument shall be given by deft voting it or by mailing It by first class mail unless applicable law requires use of another method. The: notice shell be directed sr the Property Address or any ether addmas Borrower dealsa aces by notice to Lender. Any notice to tender shed be given by tint class mall to Lender's address sated herein or any other address Lender designates by aetim to Borrower. Any notice provided far in this Security Instrument shall he deemed to have been given to Borrow" or Lender when given as provided le this Paragraph. 15. Governing laws Sevarebilfty- This Security Instrument shall be governed by fderd Ines and the Iaw of the jurisdiction in which glee Property is located. In the event that say provision or clause of this Security Instrument or the Note coullics with applicable law, rah conflict "I not affect Oliver plOVlaiona of mice Security Wwment m the Non which van be given effect without the conflicting provision. To this end the provisions of this Security Instrument art the Norte ate declared go be severable. 16. Darrower's Copy. Borrower shall be given one conformed Copy of the Note ante of this Security Instrument. IMAP-01r e1e00e094e Iwaiw? Qk gat/Al rLrpAa r.w N a aMn 3039 Onto ... •ewg?5$3faglt °88 ?? ?? 891-d 800/900 d 9EZ-1 08ES 014 10YIIISSY a3IH9dd-uoBd nals:ol Eooz-El-Inr Jul-19-2003 10:57am From-PREMIER ABSTRACT or a amen sal interest 4Mer if or +243 3390 T-295 P. 007/009 F-153 .:? y1.'r; rot;:, 7 ..11 Interest In Narrower. if all or my pan of the property or any interest in it Grower is sold or trmaferred and Borrower is not a nstural person) without *-option require imtnedtam payment in full of all sure. secured by this be axerelsed by Lender if exercise is prohibited by federal law as of the date ve Borrower notice of acceleration. The notice shell rovlde a period of not Bred or mailed within which Borrower most pay all sums secured by this uttlli'ptibr m the expiration of this period. Lender may invoke my ratnedio r native or demand on Borrower. rower Insets certain conditions, Borrower shall have the right to have d at my time prior to the earlier of: (a) 5 days (or such other period as ere sale of the Properry pursuant to my yawns of sale centafned in this rchag this Security Instrument. 7'hnas conditions are that Borrower. (a) pays is Security Instrument and the Note as if not acceleration bad occurred; (b) Imt3; (0) pairs all "Pensea incurred in mloreing this Security Instrument, fees; and (d takes such notice as Lender any rcuanably require to asrure ighn in the property and borrower's obligazion to pay the sums secured by d. Upon rairunau mmt by Borrower. this Security Imtrummt and the ve as If no acceleration had occurred. However, this right ra reinstate shall rat apply 21 the ease of tr:celaretion under paragraph 17. 19 Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrumeo) stay be sold one or more dews witbottt prior notice m Borrower. A sale may resit In a chmgc In the mtf W (known u the •L za n Seminar-) dun collects momhly paWSnts due under the HOW and this Securky InstruracuL 7rftm: also may be one or Ionic ohm&" of the I.om Servlcsr unrelated to a sale of the Note. If there is a change of the Lanat Servie", Borrower will be given Written notice of Ste change in Accordance with paragraph 14 above and %p licable law. The notice will state the ua210 and address of the new Lcmv, Sarvicar and the address ro which payments should made. The notice will aim contain my ether Infotartion required by applicable law. 20. Haaardotts SrtManeea. Borrower shall not comic Or parrdt the presence, use, disposal, storage, or release of my r Hazardmt% Sublteaoas on or in the Property. Borrower shall not do, not allow anyone elm to do, anything affecting the Ptoperry that is in violr.tim of my Bnviromsmal Law. The preceding two smumaces shall not apply to the presance. Eae, or storage on =01 of stub quantities of Hazardous Subalmces that are generally recognized to be appropriate to normal :rsadenttal ,aintenanm of the property. Borrower steal prcawpty Siva Land" wrinew notice of MY inyesllgattoa, Gam, demand, lawsuit or other maim by any govemmenW of mgulat my agency or private party Involving the Property and my Hazardous Substance or Envirmnot tai Law of which Borrower has actual knowledge. If Borrower loam!, or is notified by my governmental or regulatory authority, that eery removal or other rmrrdistlon of my Harardous Sub gent's a(fa[ing the Property is asessary, Bortowar shat promptly take all nsnsaty remdiot nsions M aeeordaaes with BnvlronmanW Law. Subsurtces" are ihom aubatanees defmwd u toxic or hazardous As uses in this paragnpb 20, "Harard0us Envlrotunntd L aw aMl the fotilwiog subnaocu: gazelles kerosene, other flammable or toxi0 pem0leum Praluets, toxic pesticid e ed herbicidar, votatle mfvanu, materiaLt contairtnS aabesos er formaldehyde, and radioactive materials. N used in min pmtsrtaapph a Bn'ritonmenIa law" moms Cederal laws and laws or the juriidonloa wlwre rites Property is located that riots o Death, safaty or emtroumentW pco[an" .. NON•UMPORAI OVBNANTS. 8orrawer sad Lender further mvenaat and ogees as foilaas: 21. Atxderstalmi liemedio. Lander shag zits toxin to Borrower prior to adxderaUOU fobot+ilg ]sort'ower's branch of any covenant or yiraemant Is this Security Imbwnmt (but not prior fo wceelantloa under Pwngra(pb)h 17 "beat ::y trw q?re she d;rwlit (e w)iswthe a imii marry std (aelue 6iivrreio csimWti dabtmt ati ap.dneda coq eesmlt to analerotlon M the stay tecutad by title Seeunity laatrumewt, foreclosure by JEdlad Ptsceedlag and owe or the Poscclp m n shein I trs.noh =armn of p ddguit or a sat to niwseate alter acedcrauon and the Hght to Wert In the the default An not carpi ns apaclriad Leader. at has option may require mmdlate p"war to went in full of all sussu, Secured by this Security Imeanmrrnt without iur demand and may foreclose this Sestuity luxtr wed by judicial proceeding. lender alsaii be analtled to collect ail expetoea Incurred In pursuing the remedies provided in this paragraph 21. Including, but net dmited to. attorneys' fees and coats of title evidence to the extent irarmittd by applichWe low. 22. Release. Upmo payment or all sums Esmond by this Security Insrnment, this Security Insuummt and the estate conveyed shall teraliaata and 15000210 void. After met, occurrence, Leader shall discharge and satisfy this Security Instntmmt wlthour charge to Borrower. Borrower shall tray my recordation eons. 23. Waivers. Burrower. to the extent permitid by applicable law, waives and releares my error er defects in pasasdings to Cart ref this SacuritY Inetmrnant, and hereby waves the benefit of my present or future laws providing for stay of execution, extebsion of time, exemption from Attachroent, levy and sae, and homestead exemption. 24. Ramtttegpgd Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the w^+^•?^^-^-^[ of bidding at a sheriffs sale ar other sale pursuant in this Security Instrument. 2S. Purchase Money Mortgage, Harty of the debt secured by this Security huarutnt is lent to Borrow" to acquire title to the Properly. this Smoothy Instrument WWI be a purchase money uortrMe, 26. nterart Rate After Judgmm[, Borrower agrees that the interest rate payable after a judgment is entered on the Note or In m action of mortgage foreclosure shall be the rate payable from time to time under the Note. eawratr alooesosse ?nka_l°? -4jft41N(Iat M1s.AAa ry" e a a ` ?FMm anew ISO souli1583racr .989 M44 27. Riders to this SecoAty Instrument. If one or more riders son executed by Harrower and soeonled togother with this Ss rity 7nsttwnmt, the eovensnts and agmemcnu of each such rider shall ba inmiponsed Into and shall minced And suppIctinern me ewvtntsms end agraroents of this Security Iniumment es if the rider(s) were a part of this Security Into intent. [Chcck applicable box(m)] A41unaWe Rate Rider 0 CCondominium Unit Unit Rids 11 BiFamily weekly Rider Onduated Psyment ent Rider Planned Ilevelepment Rider Hlweeldy Psymeat Rider Balloon Rider Rate Improvetnem Rid" Second 8omt, Rider VA Rider Other(s) [specify] BY SIGNING BELOW. Borrower armpits and agrees to the terp.a and covenants contained In this SS curity, Instnunent end in lay Ador(e) executed by Borrower and recorded with it. wi P l I (seau 9t: .a at. Sa$1. ? -B,a.w.r 9o? L ad Qo (seal) 81.1. S. aagl. •9etrower (Seal) -Bwrowee (Seal) -BMOwsr Certftlmtsy(?1 Residence ercby / the within aamedd Mortgagee is 13.00 rhagi dw UeodiaQ Cirels. Desna X101 «nify that the current address of I: kmrpurr C.li9.x7ia 94939 Witness my head this / 7# dyerA, R e1wh e & J 9 9 9 ' Aaeta of Monaesee COMMONWEALTH OF PENNSYLVANIA. Cumberland County 0: On this. the / ?- day of A_io v e M b tr l 9 97 . before Inc. the undersigned officer. personally appeared 8t:aphan M. Eagle aad Slaia S. Sagla known to sue (or ertis(xtority, proven) to be the petaen/par.an.whoso name ie/.era subscribed to the within instrument ocknowleda drathe/'she/tbay acecutcd the seven for thedsatbS/{re;???}"?-ys}n'yyo' ittained. IN WITNESS IV }iihbtep(silt;slty my hand anti official aenl. I IN'tMy ton 4.P.4I J ?1 sYl a(Su?''1.1'r? 9nraet?t asst 1 °° r Tads or officer r.s.s re olaseea9sl Form x039 9/9e HOOY 1.S8a1 ?4OE ..U.91) E9l-d 000/800'd 982-1 086E EIZ+ 1JVNiSSV 7131ASdd-Bald a989:01 SOOZ-81-1111' Jul-18-2003 10:59am From-PREMIER ABSTRACT JI i i 2 r Boux3583PAct 991 +243 3380 eiI .. T-285 P. 009/009 F-153 Att THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF SILVER SPRING IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A FEE SIPIPLE DEED DATED 11/26/1946 AND RECORDED 12/07/1993. AMONG THE LAND RECORDS OF THE. COUNTY AND STATE SET FORTH ABOVE. IN VOLUME R36 R.G 499. TAX PARCEL IDs 18-07.0461-099 ADDRESS. 116 RIDGEHILL RD_ , PIECHANIOSBIIRG. PA 17055 Stets of PanrMylvaPSa county o1 CDmh6rlandl 9f3 RPcor di the office for the recording of Deeds eot in0 66r1631, County???Q G Carli s. PA this as: I=-` oxaT'-'e-' -- 17 7fRe! co U THAT CERTAIN piece ov parcel of land situate in Silver Spring rownship, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit. BEGINNING at a point an the western dedicated right-of-way line pf Ridge Hill Road (T-378), said place of the beginning being 3,724,04 feet More or less South of the center line of Rich Valley Road; 'thence from the place 01 the Beginning and along the western dedicated right-of-way line of Ridge Hill Road (T-378) the following two courses and distances: South 03 degrees 28 minutes 00 seconds Kast 30.0 feet to a point; thence by a curve to the left naving a radius of 430.0 fast for an arc length of 177.24 feet to a common corner with Lot 41; thence along the dividing line between Lots III and 112, South Sixty degrees, Fifty-five minutes, no seconds West (South 60 degrees hS minutes 00 seconds West) Two hundred Sixty-four and Seven One-hundredths feet (264.07) to a point on the line of lands now or formerly of CUM40eli.nd Estates; thence along the aforesaid lands North Twenty-seven degree:., Six a£nutms, no seconds West (North 27 degrees 06 minutes oo seconds West) Three hundred Fifty-two and Ninmty-ono one-hundredths feet (332.91) to a common corner with Lot M3; thence along the dividing Line bet""n Lots 02 and 113, North Eighty-tour degrees, Thirty-two minutes, no seconds East (North 84 degrees 32 minutes 00 seconds ilast) Three hundred Thirty-six and Four one-hundredths foot (336.04) to a point on the western dedicated right-of-way line 01 Ridge Hill Road (T-378), the place of BEGINNING. CONTAINING in area 31,943.63 square feet or 1.8012 acres, more or less. BEING Lot N2 as shrnyn an A limited Final Subdivision Plan of Five Lots Cumberland Estates East for Harold E. and Margaret J.'Tddd. RECORDED in the Recorder of Deeds Office, Carlisle, Pennsylvanla, on Jul'? 12, 1990 in Volume 61, page 2. BEING THE SAME ;-REMISES which Harold E. Todd and.-Margaret S. Todd, husband ar.d wife, by deed dated December 30, 1992 and Recorded in the office of t:ha Recorder of Deedo of Cumberland County in Deed Book H, Volume 36, Page granted and conveyed onto Stephen M. Eagle and Elizabeth E Burnhisel, single persona and mortgagors herein. PRE41SES BEING: 116 RIDGE HILL ROAD. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. Fr cis S. Hallinan, Esquire Attorney for Plaintiff DATE: c ty?3 1 (?J ,?yV J c? 6 f (n SHERIFF'S RETURN - REGULAR CASE NO: 2003-04234 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT MORTGAGE FUNDING IN VS EAGLE STEPHEN M ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon EAGLE ELSIE E AKA ELSIE E BURNHISEL AKA ELSIE E BAKER AK the DEFENDANT , at 0905:00 HOURS, on the 10th day of September, 2003 at 116 RIDGE HILL ROAD MECHANICSBURG, PA 17055 by handing to ZACK BAKER, SON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this j7 day of at-0-3 A.D. e?rrt Q /?j Pfothonotary So Answers: R. Thomas Kline 09/11/2003 FEDERMAN & PHELAN By: t roc Depu y Sh heri SHERIFF'S RETURN - REGULAR CASE NO: 2003-04234 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT MORTGAGE FUNDING IN VS EAGLE STEPHEN M ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon EAGLE STEPHEN M the DEFENDANT , at 0905:00 HOURS, on the 11th day of September, 2003 at 116 RIDGE HILL ROAD MECHANICSBURG, PA 17055 by handing to ZACK BAKER, SON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.52 Affidavit .00 Surcharge 10.00 .00 33.52 Sworn and Subscribed to before me this CJ? day of Aw-, ewc 1 -? A.D. ' thonotary t" So Answers: R. Thomas Kline 09/11/2003 FEDERMAN & PHELAN Deputy *eriff 7La=. vs Case No. Statement of Intention to Proceed . C,.3 --%?3 % Gr V" To the Court: L G (? [ ?rlhtenas to proceed with the above captioned matter. PrintName rMM(A,A 14 Sign Name 4AOa4?10 ? A_'. Q ? S ? Date: _ ( 12,1 Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. p Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff GREENPOINT MORTGAGE FUNDING, INC. Plaintiff vs STEPHEN M. EAGLE ELSIE E. EAGLE Defendant : I Court of Common Pleas : I Civil Division : ( CUMBERLAND County : I No. 034234 CIVIL PRAECIPE TO THE PROTHONOTARY: X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Date: October 20, 2009 PHELAN HALLINAN &?4 By: L ce T. Phelan o. 32227 Francis S. Hallina ., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 77098 Attorneys for Plaintiff KOUH T j2'