HomeMy WebLinkAbout07-5425IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COMMERCE BANK/HARRISBURG,
N.A.,
Plaintiff
No. 07- 5~d6 CIVIL TERM
Vs.
CODY A. CARBAUGH,
Defendant
Action in Mortgage Foreclosure
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 maybe 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 BANK/HARRISBURG,
N.A.,
Plaintiff
No. 07- -sw"z.~ Civil Term
vs.
CODY A. CARBAUGH,
Defendant
Action in Mortgage Foreclosure
COMPLAINT
1. The PLAINTIFF is COMMERCE BANKIHARRISBURG, N.A., a national
banking association, having a principal place of business at 3801 Paxton Street
Harrisburg, Dauphin County, Commonwealth of Pennsylvania 17111, and hereinafter
sometimes referred to as "Plaintiff" and/or "Bank
2. The DEFENDANT is CODY A. CARBAUGH, an adult male individual
residing at 481 East Liberty Street, Chambersburg, Franklin County, Pennsylvania
17201 and hereinafter sometimes referred to as "Defendant".
3. On or about April 14, 2006, the Bank loaned to the Defendant the sum of
$126,000.00.
4. To evidence the loan of the sum of $126,000.00 made on April 14, 2006
by the Bank to the Defendant, Defendant, as obligor, executed in favor of the Bank, as
obligee, a "Promissory Note" for $126,000.00, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference thereto.
5. To secure and to collateralize the liability of Defendant to Bank on
account of the "Promissory Note" (Exhibit "A"), on or about April 14, 2006, Defendant, as
mortgagor, executed in favor of Plaintiff, as mortgagee, an "Mortgage" for $126,000.00,
which was recorded in the Recorder of Deeds Office in and for the County of
Cumberland, Commonwealth of Pennsylvania, on April 25, 2006 in Record Book 1947,
Page 4876, which granted to Bank a lien on real estate known and numbered as 92
Carol Place, 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, situate in Borough of New Cumberland,
Cumberland County, Commonwealth of Pennsylvania, UPI # 26-22-0820-102 and which
is more particularly described in said "Mortgage" and hereinafter sometimes referred to
as "Premises".
6. Attached hereto, marked Exhibit "B" and incorporated herein by reference
is a true and correct copy of the "Mortgage" for $126,000.00 dated April 14, 2006,
executed by the Defendants, as mortgagors, in favor of the Bank, as mortgagee, which
was recorded in the Recorder of Deeds Office in and for the County of Cumberland,
Commonwealth of Pennsylvania, on April 25, 2006 in Record Book 1947, Page 4876,
which granted to Bank a lien on real estate known and numbered as 92 Carol Place,
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, situate in Borough of New Cumberland, Cumberland County,
Commonwealth of Pennsylvania- UPI #26-22-0820-102.
7. The "Mortgage" (Exhibit "B") covers and is a lien on the real estate of the
Defendant on real estate known and numbered as 92 Carol Place, 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,
situate in Borough of New Cumberland, Cumberland County, Commonwealth of
Pennsylvania- UPI #26-22-0820-102.
8. The Defendant is the mortgagor under the "Mortgage" (Exhibit "B").
9. Attached hereto, marked Exhibit "C" is a true and correct copy of the
description to Premises.
10. The Defendant owns the real estate and improvements described in
Exhibit "D" in fee simple.
11. The "Promissory Note" (Exhibit "A") and "Mortgage" (Exhibit "B") have not
been assigned by the Plaintiff, and the Plaintiff is the holder of the "Promissory Note"
(Exhibit "A") and "Mortgage" (Exhibit "B") and is the real party in interest.
12. Pursuant to the terms of the "Promissory Note" ("Exhibit "A"), the
Defendant was obligated to pay monthly payments of interest on the principal balance
of $126,000.00 at the rate of Wall Street Journal Prime Rate plus one (1) percent.
13. Defendant has not made any monthly payments of interest on account of
the "Promissory Note" (Exhibit "A").
14. In addition, pursuant to the terms of the "Promissory Note" (" Exhibit "A"),
the principal balance of $126,000.00 was due and payable in full on April 14, 2007
without the need for Bank to issue any written notice of demand.
15. Defendant has not paid Bank the principal balance of $126,000.00 which
remains outstanding.
16. As a result of the failure of the Defendants to make the monthly payments
of interest as alleged in Averment 13 hereof and the failure of Defendant to pay in full
the principal balance of $126,000.00 on or before April 14,2007 as alleged in Averment
15 hereof, the Defendant is in default of the terms and provisions of the "Promissory
Note" (Exhibit "A") and "Mortgage" (Exhibit "B")
17. As of September 12, , 2007, the following amounts are owed by the
Defendants to the Plaintiff on account of the Balloon Note" (Exhibit "A"), "Mortgage"
(Exhibit "B") and "Mortgage" (Exhibit "C"):
PRINCIPAL $126,000.00
INTEREST $16,325.76
LATE CHARGES 6 878.29
TOTAL $149,204.05
18. The Defendant is not in the military service.
19. In addition to the amounts listed and set forth in Averment 17 of this
Complaint, the Plaintiff is entitled to reasonable attomeys' fees for the prosecution of this
lawsuit with the amount claimed by the Plaintiff, being $6,300.00 based on ten (5%)
percent of the principal balance due of $126,000.00.
20. The amount of attorneys' fees requested in Averment 19 is fair and
reasonable.
21 The Premises do not constitute the principal residence of Defendants as
defined in and encompassed by Act 91 ["House Financing Agency Law"-"Homeowners
Emergency Assistance Act"-35 P.S. 1680.401.c et. seq.]
22. The Premises are a vacant residential building lot.
23. While the Premises constitute "residential real property under Act 6 [41
P.S. 101 et. seq.], the Defendant has abandoned the Premises/
WHEREFORE, the PLAINTIFF, COMMERCE BANK/HARRISBURG, N.A.,
prays Your Honorable Court for a judgment in favor of the PLAINTIFF, COMMERCE
BANK/HARRISBURG, N.A., and against the DEFENDANT, CODY A. CARBAUGH, for:
A. Foreclosure, execution and sale of the real estate and
improvements known and numbered as 92 Carol Place, 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, situate in
Borough of New Cumberland, Cumberland County, Commonwealth of Pennsylvania
UPI # 26-22-0820-102 and more particularly described in Exhibit "C" ;and
B. For the following amounts along with costs of suit:
PRINCIPAL $126,000.00
INTEREST $16,325.76
LATE CHARGES $6,878.29
LEGAL FEES 6 300.00
TOTAL $155,504.05
Dated: September 12, 2007
-~acK`F. R€~m, Esquire
Ream, Carr, Markey & oloshin LLP
(formerly Kain, Brown & Roberts LLP)
119 East Market Street
York, PA 17401
Attorney I.D. #10241
Telephone: (717) 843-8968
Fax: (717) 846-6676
E-mail: JcKReam a~aol.com
Attorney for Plaintiff
4
F#~OMISSORY NOTE
..,:.
~-
Refa~rancea in the shaded area are for Lender's use only aril 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: CORY A, CARBAUi3H ISSN: 169-62.6119E
661 BISHOP AVENUE
CHAMB1=fiSBURG, pA 17201
lender: COIiIIMERCE BANKfHARRI3BURG N.A.
RESIDENTIAL MnRTtiAGE
100 SENATE AVENUE
DAMP HK.L, PA 17011
{717) 875-5830
Prinaipai Amount: # 128,OOOAO Initlsl Rate: 8.'750% Gate of Mote; April 14, 2008
PRgMISE TO PAY. I i"Borrower"E premise to pay to COMMERCE BANK/HARRISBURG f1I.A. i"Lander"1, or order, in lawful money of the Unttad
States of Amerke, the principal amount of One Hundred Twenty-six Thousand & OOi100 Posers 0128,000.001, together with intarost on the
unpaid prlncipN balance tram April 14, 2008, until paid in fug.
PAYMENT. I wgl pay this loan in one principal payment of 5126,000.00 pins interest an April 14, 2007, This payment due on April 14, 2007,
wib ba for alt principal and aN accrued ktterost not yet paid. to addhion, 1 wilt pay regular monUtly payments of ap actuued unpaid Mterest due as
of each payment date, t»ginning May 14, 2006, with ail subsequent interest payments to bs dw on tl~ soma day of each month after that.
UMess otherwise spread or required by applicable law, payments wid bs appged f#at to any acaruad wtpaid interest; than to prirtcipat; then to
any unpaid cogectbn coats; and ft-an to any late charges, fntsrest on this Note b congested on a 30!380 simple intarost basis, that is, wtth the
exception of odd day: in the first payment period, mor-tttly k-tersst is cakxtNted by applybtg the ratfa of the annual irttersst rata over a year of
360 days. muttiplhd by the outstanding principal balance, multlplkrd by a mood! of 30 days, Interest for the odd days ii calculated on the basis
of the actual doge to the next full month and a 380-dap year. i wgl pay Lender et Landsr's address shown atwve ar at stack other place as
Lsndsr may dedpnate &r writing.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to erns based an changes in an indeper>~nt index
whfch is tfis Prime Rate as published in the Money Rata Sect{on of the Wail Street Journal. tf a range of rates is published, the highest wilt be
-used. itfta "Index"E. The Index is not necessarily the lowest rate charged by Lander on its loans. If the index becomes unavsitablo during ifie
term o! this loan, Lender may designate a substhute index after notifying ma. Lander will tall me the current Index rata upon my request. Tire
interest rate change will not occur more often than each day. I understand that Lander may make loans based on ether rates as well. The index
Curtenify is 7.750% par annum. Tha intarost rata to be applied to the unpaid principal balance during this Note will be at a rata of t .000
percentage point aver the Index, rounded to the nearest 4.125 percent, resulting in an initial rata of 8.7609Ir par annum. NOTICE: Under no
,circumstances will she interest rate on this Note be more than !rte maximum rata allowed by applicable law. Unless waived by Lender, any
increase in the interest rate wip increase the amounts of my interest payments.
PREPAYMENT. 1 agree that all lean tees and other prepaid finance charges are earned fatly as of the data of the loan and will net ba refunded to
me upon early payment !whether voluntary or ds a result of default!, azcept as otherwise required by law. Except for the foregoing, t may pay
without penalty all or a portion of the amount awed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve
me of my abtlgation to cantfnue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due. I
.agree riot to send Lender payments marked "paid in full", °without recourse", or similar language. fi t sand such a payment, Lender may ateept
it without lasing any of Lender's rights under this Nate, and i will remain obligated to pay any further amount awed to Lander. All written
communications concerning disputed amaurrts, 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 ar limitations or as full satisfaction of a disputed amount must be
mailed ar delivered ta: COMMERCE BANKJWARRISBURG N.A., RESIDENTIAL MORTGAGE, 100 SENATE AVENUE, CAMP WiLI, PA 17011.
LATE GHARGE. It a payment is 15 days or more late, I will be charged 5.000% of the regularly seheduNd payment.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Notre shall be increased by
adding a 2.000 percentage point margin {"Default Rate Margin°}, The Default flats Margin shall also apply to each succeeding interest rata
`change that would have applied had !hare bean no default. if judgment is entered in connection with this Note, intarost wail continue to acbrue
after the data of judgment at the rata in effect at the time judgment is entered. Wowevar, in no event will the interest rate exread the maximum
interest rate limitations under applicable law.
DEFAULT. I will be in default under this Nate if any of the following happen:
Aayment 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 Nate or in any agreement rotated to this Nate, or in any other agreement ar loan t have with Lender.
Defawtt in Favor of Third Parties. I ar any Granter defaults under any ban, 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 rapresentstian or statement made ar #umished to Lender by ma or an 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 Ensolven¢y. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; i make an assignment
for the benefit of credimrs; or any proceeding is commenced either by ma or against me under any bankruptcy or insolvency laws.
Taking of the Property. Any creditor ar governmental agency tries to take any of the property or any other of my property in which under
has a lien, This includes taking of, garnishing of or levying on my accounts with Lender. However, if t dispute in gaatl faith whether the
claim on which the taking of the property is based is valid or reasanabia, and if I give Lander 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 wilt not apply.
Defective Collaterallsatlon. This Nate or any of the related documents ceases to be in full farce and effect {including failure of any eatlateral
document to create a valid and perfected security interest or ifenY at any time and for any reason.
CaOatersl Damage or Loss. Any collateral saluting this Nota is cast, Staten, substantiafty damaged or destroyed and the I¢ss, 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 guararny of the indebtedness evidenced by this Nate. In the event of a death, Lender, at its
~ EXHIBIT
PROMISSORY NOTE
Loan 11t~: 33332241 tConti~ued)
Page 2
option, may, but shalt not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty
in a manner satisfactory to Lander,. and, in doing sn. cure any Event of pefault,
lnseeurity. Lander in good faith believes itself insecure.
Cure Provisions. It any default, other than a default in payment is curable and if I have not been given a entice of a breach at the same
provision of this Note within the preceding twelve (121 months, it may be cured it I, after receiving written notice from Lander demanding
cure of such default: {1- cure the default within fihaen (151 days; nr (2} if the cure requires more than fifteen {15) days, immediately
initiate steps which Lander deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and cornpiete ail
reasonable and necessary steps sufficient to produce compliance as soon as rensanabiy practical.
LENDER'S RIGHTS. Upon default, lender may, after giving such notices as required by applicable taw, declare the entire unpaid principal
balenca under this Note and ail accrued unpaid interest immediately due, and then 1 wiU pay that amount.
ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone else to help collect tf~s Note it I do not pay. I will pay Lander that amount.
This includes, subject to any limits under applicable law, Lender's attorneys' foes and Lender's legal expenses, whether or not there is a lawsuit,
including attarrnays' fees, expenses for bankruptcy Proceedings lincluding efforts to modify or vacate any automa#ic stay or injunctions, and
appeals. if not prohibited by applicable law, I also will pay any court costs, in addition to ail other sums provided by law.
GOVERNING LAW. This Nota wiu ba gavemed by federal taw appEcabla to Lender end, to the extent not praert~-tad by f~derai taw, the laws of
the Commonwealth at Pennsylvania without regard to its cortfYcts of law provfsbns. This Nota has bean accepted by Lender in the
Commonwealth of Pennsylvania.
RIGHT OF SETOFF. To the extant permitted by applicable law, lender reserves a right at Sato#f in stl my accounts whh Loader {whether
checking, savings, or soma other account}. This includes ail accounts t Maid jointly with someone alas and aN accounts I may open in the fuwre.
However, this does not include any IRA ar Keogh accounts, or any trust accounts for which setoff would bo prohibited by law. i authorize
Lender, to the extent permitted by applicable law, to charge or setoff ail soma owing on the indebtedness against any and all such accounts.
COLLATERAL. I acknowledge this Nate is secured by the following cofiaterai described in the security instrument listed Drain: a Mortgage ar
Dead of Trust to a trustee in favor of Lander on rest property located in CUMBERLAND County, Commonwealth of Pennsylvania.
SUCCESSOR INTERESTS. Tha terms of this Note shall be binding upon rna, and upon my heirs, personal representatives, successors and
assigns, and shalt inure to the benefit of Lander and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORT1Nf3 AGENCIES. Please notify us if wa report any inaccurate
information about your accaunt{si to a consumer reporting agency. Your written notice describing the specific inaccuracy{teal should be sent to
us at the following address: COMMERCE BANKlHARRISBURG N.A. LOAN SERVICING PO BOX 1195 CAMP HRL, PA 1701 1-1196.
GENERAL PROVISIONS. It any part of this Nate cannot be enforced, this fact will not affect she rest of the Note. Lender may delay at f5rgo
eniarcing any of its rights nr remedies under this Nate without losing them. i and any adaer parson 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 unuess otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or
endorser, shall ha released from liability. Ail such parties agree that Lander may renew ar extend (repeatedly and for any length of times this
loan or release any party ar guarantor or coliaUSral: or impair, fait to realize upon or perfect Lender's security interest in the colla#eral. Ail 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, 1 READ AND UNDERSTOOD ALL THE PROVISIONS OF THiS NOTE, INCLUDING THE VARIABLE INTEREST
RATE PROVISIONS. 1 AGREE TO THE TERMS OF THE NOTE.
1 ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF T}f1S PROMISSORY NOTE.
THiS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALt CONSTITUTE AND HAVE THE EFFECT OF A
5EALE0 INSTRUMENT ACCORDING TO LAW.
BORROWER:
r
X (Seal}
CO A, CARBAUGtij
uxre MO t.wiW~. Yr. ~.71.0¢ODt ryv. wNyW KnYM,M f,MM4 1111 )~), tOM. M FyMM MNMA > 14 "'tW W11M9LL"N1N~lW~ ~C TIetMOi M.
r ~:~ ~ ~ ~ r
Parcelldentification
Number: `
RECORDATION l;:tb f~~~ 25 i'~ ~~ ~5
AEnUESTED BY;
COMMERCE
BANK/HARRISBURG N.A.
RESIDENTIAL MORTGAGE
700 SENATE AVENUE
CAMP HILL, PA 77017
WHEN RECORDED MAIL
TO: ~~ll
PRINCIP F.S~TTt, M~'CSF.RVICt~,~.l_I.L'
341 N(JRTH SCIC•NCF PARK RQn[7
51.tITF.. 2DS Q
Sl'A"f F. Cp1.L,EG[, PA IhR03
SErvv t atx rvv f wta I v:
COMMERCE
BANKiHARRISBURG N.A.
LOAN SERVICING
100 SENATE AVENUE
CAMP MILL PA 7707 t FOq RECORDER'S USE ONLv
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words arr. defined in Sections 3, 7 7, 73.
78. 20 and 27. Certain rules regarding the usage al words used in this document era also provided in Section 16.
IAI "Security tnstrumont" means this documont, which is dated ADril 14, 2006, together with all Riders to fhts
document.
IB} "Borrower" is CODY A. CARBAUGH, 8prrnwer is the mortgagor untler this Security tnstrumont.
ICI "Lender" is COMMERCE BANK/HARRISBURG N.A. Lander is a Corporation organized and existing under the taws
of the Unttad States of America. lender's address is RESIDENTIAL MORTGAGE, 700 SENATE AVENUE, CAMP HILL.
PA 1707 1. Lender is the mortgagee under this Security instrument.
101 "Note' means the promissory noto signed by Borrower end dated ADril t4, 2006. The Nate states that Borrower
awes Lentler One Hundred TwentV•six Thousand & 00!700 Dobers fU.S. 5726.000.001 plus interest. Borrower has
promised to pay this dabs in regular Periodic Payments and to pay the deb[ in lull not later [hen April 74, 2007.
IE) "Property" means the Droperty that is described below under the heading "Transfer of Rights in the PfoperTY "
IFi "loan" means the debt evidenced by the Note, plus interest. any prepayment charges and late charges due under
the Nota, and all sums due under this Security Instrument, plus interest.
IGI "Riders" means all Riders ro this Security Instrument that err, executed by enrrower, The following Riders are to
be executed by Borrower Ichecf: box as applicabtel:
_~
i 'Adjustable Rata Rider (~ Condominium Ritler ~ SeOpnd Home Rider
Li Balloon Rider ~ Planned Unit DevelODmeni Rider `i Otherlsi Ispecityl _______,_
rJ~
t ~4 Kamiiy Rider a &w80kly Payment Rider
tH) '"Applicable law' means all cnntrpt6nq applicable tederat, state and focal stanytes, regulations. ordinances and
administrative tutee and orders (that have the ellacl of lawi as welt as aft applicable finer. npmaDpealable judicial
ppinipns,
Ill "Community Asaaebtbn Duea, fats. and Aaseaamenta" means ail dues, fees, assrssmants and other charges that
era imposed on Borrower or the Property by a condominium asspciation, homepwnars associalKtn pr similar
Organiietion.
lJl "Electronic funds Tranaler" means any transfer of funds, other th»n a transaction originated by check, draft, ar
similar paper instrument, which is initiatotl thrptlgh en electrpmG terminal, telephonic instrument, computer. ar magnetic,
tape sn as to Order, instruct. or authorize a financial institution to debit or erodit an account. Such term includes, but is
not timgad to, pnint•Df•sale transfers, automatetl teller machine a»nsacfions. ranstars initiated by telephone. wire
vansfers, and automated clearinghouse Iransfers.
IKI "Escrow Itsma" means those items That are dascnbad in Section 3.
fli 'Mlsedlaneous Proceeds" means any compensation, settlement, award of damages, or proceeds naid by any third
party (other than insurance proreetls paid untler Ina coverages described in Sectipn 51 In+: Gt damage ro, ar dasrrur,Gnn
pl, the Property: till condemnation dr other taking al all M any part Of the PrpiMtty: (iii! conveyance in lieu Ot
COndemnaUan: Or (ivl misreprosenlatipns o?, or Omissions as to, the value andlor randitinn el the Property,
IMI "Mortgage Insurance" meats insurance protecting Lender against the nonpayment ot, pr datault on, the Loan.
1N1 "Pertodk Payment" means the regularly schoduled amount due for fl principal and interest under the Note. plus till
any amounts under Section 3 0l this Security Instrument.
t0) "RESPA" means the Real Estate Setttamenl Procedures Act I72 U.S.C. ~ 2607 Ot seq.! and its implement;ng
regulauon, Regulation X 124 C.F.R. Pan 35001. as they might rte amended from time to lima, or any additional or
successor legislation or regulation that governs the same subject matter. As used .n this Security Instrument, "RESPA"
refers Io all requirements and restrictions that are imposed in regard to a "federeily related mortgage to»n" even d the
Loan does not qualify as a "federally related mortgage loan" under RESPA.
1P1 "Successor in InUrast of Borrower" moans any Party that has taken title to the Property. wnether or opt that parry
has assumed Bnrrowor's obligations under the Nole and<'or this Security Instrument.
TRANSKER Of RIGHTS IN THE PROPERTY
PENNSYLVANIA•Sfngie famtty~Fannta MaeiFreddls Mac UNIFORM INSTRUMENT form 3039 7101
Page t of S
B IXjHI~BIT
~.,. ~'
~~(I5 7~~.. _' 6 ~ JJ
MORTGAGE
loan No: 33332241 1Continued} Paga 2
This Security Instrument secures to Lender: til the repayment of the Laan, and all renewals, eMensiana and
modifkations of the Note; and till the performance of Borrower's covenams and agreements under this Security
Instrument and the Note. For this purpose, $orrower does hereby mortgage, grant and convey to Lender, the following
described property located in the County of CUMBERLAND:
Real Propeny tax identification number is
ALL THAT CERTAMI TRACT OF LAND ANO 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. NELV CUMBERLAND,
Pennsylvania 17070 {•property Address"1:
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appunenancas, and fixtures now or hereafur a part of the property. All replacements and additions shall also be
covered by this Security Instrument. Ail of the foregoing is referred to in ihis Securrcy Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of ttte estate hereby conveyed and has the right to
mortgage, grant and convey the PropeltY and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Propeny 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
timked variations by jurisdiction to constitute a uniform security instrument covering reel property.
UNIFORM COVENANTS. Borrower and Lander covenant and agree as follows:
1. Payment of Prlrrcipsi, Interest, Eseraw hems. Prepayment L'harges, end Lae Charges. Borrower shall pay
when due the principal of, and interest on, the debt evidenced by the Nota and any prepayment cftarges and late
charges due under the Note. Borrower shelf also pay funds for Escrow hems pursuant to Section 3. Payments due
under the Note end this Security instrument shelf be made in U.S. currency. However, if any check or other instrument
received 6y lender as payment under the Note of this Security Instrument is returned to Lender unpaid, Lender may
require that any or all subsequent payments due under the Note and this Securky Instrument be made in one or mare of
the foitnwing forms, as selected 6y Lander: la1 cash; Ib) money order, ic! certitled check, bank check, treasurer's check
or cashier's check, provided any such check is drawn upon en institution whose deposits are insured by a federal
agency, instrumentality, or entity; ar;dj Electronic Funds Transfer.
Payments ere deemed recalvad by Lender when received at the locaton designated in the Note or at such other
location as may be designated by Lander in accordance witfi the notice provisions in Secton 15. Lender may return
any payment or partial payment ff the payment or panlal payments are insufficient to bring the loan current. Lender
may accept any payment or partial payment insufficient ro bring the Lnan curront, without waiver of anY rights
hereunder or prejudice to its rights to refuse such payment or partial payments in the future, btrt Lender is rot 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 unappiiad funds. Lander may hold such unapplisd funds until
Borrower makes payment to bring the Loan current. It Borrower does not do so within a reasonable period of time,
Lender shell either apply such funds or return them to Borrower. It not applied earlier, such furls will ba 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 Bonnwer from making payments due under the Note and this
Security Instrument or performing iha covenants and agreements secured by this Security Instrument.
2. Appication of Payments or Proceeds. Except as otherwise described in thin Section 2, all payments accepted
and applied by Lender shall be applied in the fallowing order of priority: lal interest due under the Note: (bl principal duo
urxtar the Note; Ic} amounts due under Section 3. Such payments shall be eppWed to each Periodic Payment in the
order in which it became due. Any remaining amounts shall be applied first to late charges, sacortd to any other
amounts due under this Seeuriry Instrument, end than to reduce the principal balance at the Note.
It Lender receives a paymem from Borrower tar a delinquent Periodic Payment which includes a sufficient amount
to VsY 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, Lander may apply any payment received from Borrower to the ropayment 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 mare Periodk Paymems, 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, ar Miscellaneous Procoeds to principal due under the Nota shall
not extend or postpone the due date, or change the amount, of the Periodic Paymerns.
3. Funds fu Eauow keme. Borrower shell pay to Lender on the day Periodic Payments era due under the Nota,
until the Nnte is paid in fug, a sum Ithe "Funds') to provide for payment of amounts due for: Sal taxes and easesaments
and other items which can attain priority over this Security Instnrment as a lien or encumbrance on the Property; (bj
leasehold paymante or ground rents on the Property, if any; Icl premiums for any and all insurance required by Lender
under Section 5; and Ili Mortgage insurance premiums, if any, or any sums payable by Borrower to Lander in lieu of the
payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items era called
"Escrow Items." At origination or at say time during the term of the Latin, Lender may require that Community
Association Oues, Feea, and Assessments, if any, be escrowed by Borrower, and such dues, tees and asseaaments
shall be an Escrow Item. Borrower shall promptly furnish to Lander ail notices of amounts to be paid under this Section,
Borrower shall pay Lender the Funds for Escrow Items unless Lander waives Borrower's obligation to pay the Funds tar
any or all Escrow items. Lender may waive Borrower's obligation to pay to Lender Funds for any or air Escrow Items at
any time. Any such waiver may aMy be in writing. in fire event of such waiver, Harrower shall pay directly, when end
where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, it
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 ail purposes be daemaJ xo ba n
covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in
Section 9. It Borrower is obligated to pay Escrow hems directly, pursuant to a waiver, and Borrower fails to pay Ylte
amount due for an Escrow Item, Lender may exercise its rights under Section 9 end pay ouch amount and Borrower
shall than ba obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any
PENNSYIYANLtt-Single FamilyFannie Mas/Freddk Mac UNIFORM MSTRUMENT Form 3039 1101
Page 2 of 8
Bit 19~7r~G~~77
MORTGAGE
loan Na: 33332241 (Continued) Paga 3
dr aft Escrow Items at any ume by a notire given in accordartCe with $ocGOn 15 and, upon such ravocatipn, Borrower
shall pay to Lender all Funds. and in such amounts. that era then required under this Secuan 3.
Lender may, at Anv time, collect and hold funds in an amount (a} sutlicient to hermit Linder to apply the Funds at
the time specified under RESPA, and fbt not to excrad the maximum amount a lender can require under RESPA. Lender
shell estimate the amount or funds due on the basis of current data and reasonable estimates of expenditures of luturq
Escrow hams Or ptharwise in accordance with Applicatrle Law.
Tha funds shall be bald in an institution whose deposits are insured by 0 federal agency, instrumpntal+ty, or entity
tincluding Lender, i( Lander is an institufion whp5e deposits era so insuradl or to Any federal Nome loan Bank. Lender
shall apply the Funds to pay the Escrow Items no later than the time Specified urufer RESPA. Lander shalt not charge
Borrower far holding and applying the Funds, annually analyzing the escrow arcpunt, or verifying the Eerrgw Items.
unless Lender pays Borrower interest on the Funds and Applicable law permits Lander to make such a charge. Unless
an agreement ig made in writing or Applicable Law requires interest to be pain on the Funtls. Lander 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. Lerxler shall give to Borrower, without charge, an annual accounting al the
funds as requiretl by RESPA,
tf there is a surplus of Funds held in escrow, as defined under RESPA, lender shag account to Borrower for the
excess funds in accordance with RESPA. It share is a shortage of Funds held in escrow, es defined under RESPA.
Lender shall notlty 8orrower as requhed ay RESPA, ono Bgrrower shall paV to Louder the amount necessary to make up
the shortage in accordance with RESPA, but in no more than 72 monthly payments. II there is a deficiency al funds
held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Len[fer the amount necessary to make, up rho derigiencY In accordance with RESPA, but in no more than 12 mpnihly
payments.
Upon payment in lull pt all sums Secured by this Security InStrumanl, Lander Shall promptly refund to Bortower Any
Funnfi held by LendF.r.
Q. QHafpaa: Lena. Bprrpwpr Shall DaY ail taxes. aaaeaamaniS, CHArpea, ftne4. An;t imp45mons allributable to the
Progeny whir.h can attain pnprlty over this SaCUntY lnstrnn,Cnt, leasehpld payments or ground rents an the Property, i1
£tny, and COmmuni(y AsspCidiipn DUP,$. fees, and A55e5amant5, i! any, TO the extent that theca ItCmS are ESC row
?toms. Brnrpwer shay pay them in ;he manner provided in $ecUOn 3.
Borrower shall promptly dBrhArg» any lien which has priority over this SocunW InSVUment unless BCf16WA/: tat
agrees in writing to the payment of the gbkgatign secured 6Y the lien in a mAnnCr aCCeptilblC IO Lender, bUt only SO tang
as Borrower is perfprming such agreement: (bt cpnsosts the ban In good faith by. or defends against enforcement of ti,e
lien in, legal proceedings which in Lender's opinion pparate In prevent the enlprcament o! the lion while those
proceedings are pending, but poly until such pratapdings era can„ludpd: or fcl secures nom the holder of the lien an
agreement sAlisfaftery to Lander subordinating the lien In this $earrhy Insirurnent. It Lender determinesthat Any part
pf the Property is subject to a lien which ran eosin pnarity over this 5eCUrity Instrument, lender maV give 8orrower a
nnhGe identifying the lien, Within 10 days of the tlatC qr, Fvhich that natiCa is given. Borrower shat! satisfy the lien or
take pee Or mere Of the aCUpns Set tgrth ab0 ve in lht5 $eftinn 4.
LendCr may tegUirP, 8orrower 20 pay a one-time charge ter a ices CSI at P. tax verihralign antl%or reppninn FeryifC
used 6y Lends! in connection with this Loan.
5. Property Insurance. Borrower Shall keep the improvements now existing m herea48r erected cn the Progeny
insured against loss by fFre, hazards included within the term "extended coverage." and Any ether hazards including, but
not limited to. earthquakes and floods. for which Lender requires insurance. This insurance shall be mainmirxsd in the
amounts {including deducdHla Ievelsi and tar the periods that Lander requires. yyhat Lander requires pursuant to the
precening sentences Can change during the farm of the Loan. The insurance earner providing the insurance shalt he
rhoaen by Barrpwor subject w lender's right to tlisaDprove Borrower's choice, which right shall not be exercised
umeasonabty. lender may require 8orrower to pay. in connection with this Loan, either: {a) a onetime charge for frond
zone determination, certification arx! [r»cking services: or lbi a ane4ime charge for stood zone determination and
cerlifiCation services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such determination or ter~ificauon. 8orrower Shari also b¢ responsible for the payment of any teas imposed by
the fedora! Emergency Management Agency in Connection with the review of any flopd mne determination resulting
rrom an objection by Borrower.
If eorrgwar (ails to maintain any o! the cpverages described above. Lander may obtain Insurance coverage. at
Lender's option and Borrower's expanse. lender is under no obhgatian to purchase any particular type or amount of
coverage. Therefore, such coverage shall cover Lentlor, but might or might nqt prefect Borrower. Borrower's equity in
the Property, or the rontenis qt the Property. against env risk, hazard or liability and might prpwde greater qr lesser
coverage than was previously in effect. Borrower acknowledges that the Cost of the Inswance coverage so obtained
might significantly exceed the cost pf insurance that Borrower could have obtained. Any amounts disbursed by Lender
undor this Section 5 shall become additional debt at Borrower secured by this Sarurity lnstJUmgm. These amounts
shall bear interest ai the Note rata rrom the date of disbursement and shall be payable, wish surh interest, upon nptiu'
Irom Lander to Borrower requesting payment.
Alf insurance policies required by Lender and renewals pf such policies shall be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and shall Hama Lender as mortgagee andlor as an
additional loss payee. Lende+ shat) have the right to hold the policies and renewal certificates. If Lpnder requires,
Bprrower shall promptly give tp Lender all receipts o! paid premiums and renewal notices. If Borrower obtains any corm
of insurance cnvaraga, npi otherwise requiretl bV Lander, fm damage to. or destrurtion pf, the PropartV. such policy
shall include a standard mortgage clause and shall Hama tender as mnrtpdgoe and;or as an additional Ipss payee.
In the event of lose. Borrower shall give prompt nglice t0 fhe insurance carrier and lender, Lander may make
proof of loss it opt made prompdy by Borrower. Unless lender and Borrower giherwise agree in wribng, any insurancr.
proceeds. whether or not the underlying insurance was required bV Lender, shall be applied to restoration or repair of
the Property, n the restaraupn or rCpArr is econpmipaliy feasible and Landers secu.*iv is nM tassened. During suph
repair and restoration parted. Lender shall have the right to hold such insurance proceeds until Lender has h»d an
opportunity to inspect such PropartV ip ensure the work has been Completed to Lender'6 satisfaction, provided that
such inspectipn shall be undertaken promptly. Lander may disbur5a proceeds for the repairs and restoration in a single
payment or in a series of prpgfess pAYmenIS A5 [he Work is cpmpletad. UnleSS an Agreamem iS made in. writing ar
Apptirable Law requires interest to be paid nn such insurance prpreeds. Lender shall not be required to pay Borrower
any interns[ nr gamines on such prpceeds.ra~s tar puoiic adjusters, or other third parties, retained by Borrower shall
not be paiN out al the insurance proceeds and shall 6e the, sole ohtigalion of Bprrower, it the restorabon qr repair is not
econamipally feasible or Lender's saf urilY wpuid he lessened. the insurance praCP,P.tl3 shall be applien tp the sums
secured by this Sar,uritV Instrument, whethr.r 6r na! than due. with [hr.. exC0S5. it env. Para to borrower. Such
Insurance proceeds shalt be applied In the ornpr provided for in Secpan 2.
PENNSYLVAN7A~Single Family-fennle Msetfreddie Msc UtUtfORM IroSTRUMENT frorm 3039 1i01
Page 3 of 8
3K I ~~;'7i':~~°~ X78
MORTGAGE
Loan No: 33332241 (Continued) Page a
If Borrower abandons the Property, Lender may fife, negotiate end settle any available insurance claim and related
matters. if Borrower does not rospond within 30 days to a notice from Lender that the insurance carrier has offered to
settle a claim, then Lawler may negotiate and aetue the claim. The 30-day period will begin when the notice is given.
In either event, or it Lander acquires the Property under Section 22 or otherwise, Borrower Hereby assigns to Lender ta)
Borrower's rights to any insurance proceeds in en amount not to exceed the amounts unpaid under the Nota or this
Security Instrument, and ib) any other of Barrowsr'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 era applicable to the
coverage of the Ptaperty. Lender may use the insurance procaods either to repair or restore the Property or to pay
amounts unpaid under the Note or this Security Instrument, whether or not than due.
8. Ocwpartcy. Borrower shell occupy, establish, and use the Property as Borrower's principal residence within fa0
days after the execution of this Security Instrument and shah continue to occupy the Property as Btxrower's principal
residents for at least one year aher the date of occupancy, unless Lander otherwise egress in writing, which consent
shalt not be unreasonably withheld, or unless extenuating circumatarttee axis[ which ere beyond Borrower's control.
7. Preservation, Makttenance and PtMection of Me Property; Inspections. Borrower shell not destroy, damage or
impair the Property, allow tits Property to deteriorate or commh 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 tlue to its Condition. Unless it is determined pursuant to Section 5 that repair or reatoratinn is not
economicaay feasible, Borrower shall promptly repair lire Property if damaged to avoid further deterioration or damage.
If tnauronce or Condemnation proceeds era paid In connecton with damage ta, ar 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 aril restoradon in a single payment or in a series of progress payments as
the work is completed. If the inauronce or condemnation proceeds era 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 reasonabe entries upon and inspections of [he Property II h has reasonable cause,
Lentler may inspect the interior of the improvements on the Property. lender shell give Borrower notice at the time of
or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Lout Appiacation. Borrower shall ba in default if, during the Loan application process, Borrower or
any persons or entitles acting et the d'eection of Borrower or with Borrower's knowledge or consent gave materially
false, misleading, or inaccurate information or statements ro lender for failed to provide Lender with material
information) in connection with the Loan. Material representations irselutle, but are Hat limited to, representations
concerning Borrower's occupancy of the Property as 8prrowar's principal residence.
9. Protection of Lender's Intstast in the Property and Rights Under [hie Security instrument. If (al Borrower fails
to perform the covenants and agreements contained in this Security Instrument, Ib} there IS a legal proceeding that
might 8igrtificartdy alfact Lender's interest in the Roperty andror rights under this Security Instrument (such ea a
proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement o/ a lien which may attain priority
over this Security Instrument or to enforce laws or ragulatiansl. or (ci Borrower hoe abandoned tho Property, then
Lander may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights
under this Security instrument, including protecting andlar assessing the value of the Property, and securing andror
repairing the Property. Lender's actons can include, but are not limited to: {a} pay;np any sums secured by a lien which
has priority aver this Security lnatrument; lb} appearing in court; and (cl paying reasonebte attorneys' fees to protect its
interest in the Property andlor rights under this Security InatrumenL including its secured position in a bankruptcy
proceeding. Securing the Property inciutlas, 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 cads violations or dangerous
conditions, end have uulitiae turned on ar oft. Although lender may take action urxler this Section 9, Lender does not
have to da so and Is Hat under any duty or obligation to do so. It is agreed that Lender incurs no liabifiry for not taking
arty or all actions authorized under this Seaton 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Insuument. These amounts shall bear interest at the Note rate from the data o! disbursement and shall be
payable, with such interest, upon notice tram Lender to Borrower requesting payment.
If this Security Instrument is on a laeaehald, Borrower shalt comply with ail the provisions of fire lease. If Borrower
acquires fee title to the Property, the leasehold and the tee title shall rWt merge unless Lender agrees to the merger in
writing.
10. Mortgage Maurmp, tf 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 arty reason, the Mortgage Insurance
coverage required by Lender ceases to ire available from the mortgage insurer that previously provided such inauronce
and Borcower 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
prevously in effect, at a cost subataMletiy aquivafent to the cost to Borrower o4 the Mortgage Irtaurence previously in
effect, from an alternate mortgage insurer selected by Lander, If substantially aquivelent Mortgage insurance coverage
is not available, Borrower shall continue to pay to Lander 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 fuU, and Lender shall not be ragttired to pay Borrower any interest or earnings
on such loss reserve. LeMer can no longer require lose reserve payments if Mortgage Insurance coverage tin the
amount arW for the period that Lender required provided by an insurer selected 6y Lender again batomea available, is
obtained, and lender requires separately designated payments toward the premiums for Mortgage insurance. It lender
required Mortgage Inauranca as a condition of making the Loan arxf Borrower was required to make saparetaly
designated paymema toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, tx to provide a rwn-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 thin Sectfan f0 affects Borrower's obligation
to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Notes 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 alE such insurance in force from time to time, antl may enter into
agroementa with other parties that sharp or modify tttafr risk, or reduce losses. Thane agreatttents are on farms end
conditions that are satisfactory to the mortgage insurer and the other party for parties) to these agreements. These
agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer
may fieve available (which may inclutle tunds obtained from Mortgage Insurance premiums),
As a result of these ngreaments, lender, any purchaser of the Nate, another insurer, any reinsurer, any other
PENNSYLVANIA-Single Family-Famtlo Mae/Fredt9e Mac UNIFORM INSTRUMENT Farm 3039 t/01
Papa 4 01 8
9'd19~,~7~°I3~:~379
MORTGAGE
Loan No: 33332241 {Continued- Page 5
aunty. nr any afhhate of any of the ioregorng, may receive idrrect!y nr indirectly! amounl5 that denve Irom br might ba
characterized asf a portion of Borrower's payments for Mortgage incur»nca, in oxrhange far sharing or modifying rho
mortgage insurer's risk, or reducing Insses. It such agreement provides that an altiliate nl Lander takes a share of the
insurer's risk m exchange for a share of the premiums paid Co the insurer.. rho arrangement is often farmed "r,»ptivr.
reinsurance.' furtMc
isl Any such egreementa will not affect the amaunta that Borrower Ices agreed to pay for Mortpage Insurance, or
any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortpage Insurance,
and they wlil not antitte Borrower to any refund.
fbl Any ouch agreemanta will not a}Tact the rights Borrower has • if any • with respect to the Monpage Insurance
under the Homeowners Protection Act of 1998 or env older law. these rights may ineludr the right to receive certain
discbauru, to request end obtain cancellation of tfie Mortpage Insurance, to have the Mortgage Inswance terminated
automatically, andlor to receive a rafttnd of any Mortgage Insurance premiums that ware unearned at the time a1 such
eaneellatbn or termination.
11, Aaeipnment at Miscslianeovs Proceeds; Forfeiture. ASI Miscelaneous Prxeeds era herobv assigned to and
snap 6e paid to Lander.
II the Progeny is damaged. such Misceilananus Proceeds sriall be apphad to restoraton or repau of the Property. rf
the restoration nr repair is economicalry feasrbla and Lender's ser;wny is not lessened. During such repair and
r¢starahon period. Lander shall have the right to held surh Miscellaneous Proceeds until Lender has had an opportunity
to inspect such Property to ensure the work nos been completed to lender's sauslaction, provided that such mspectian
shall be undertaken promptly. Lender may pay for the repairs and restoration in a s+ngle disbursement or in a series of
progt»SS payments As the work is cOmpiplBd. Unless an egreemenl is made in writing nr Applicable law raquiras
interest to ho paid on such Miscellaneous Praceads. Lander shall not be required to pay Borrower any interosl or
earnings on such Miscellaneous Proceeds. it the restoration or repair is not economically feasible or Lender's security
would 6e lessened, the Miscellaneous ?roceeds shag be aDDlied [o rho sums secured by this Security instrument.
whether or not tttor. due, with Ina excess, ii any, paid to Borrower, Such Miscellaneous Proceeds shall be applied in
the order prnvitled for in Section 2.
in the avant Of a total taking. destruction, or loss in value of the Property, the Miscellanoou5 PtOCeedS shall be
applied to iho sums secured by this Security Irstrumenr, whether or eat than due. with the excess. ii any, paid to
Borrower.
fn the event of a partial taking, destruction, or Inns in vacua of rho Property in which the to+r market value of rho
Property immediately before the partial taking, destruction. or loss in valu» is equal to or greater than the amount of thr.
sums secured by this Security Instrument immediately before the partial taking, destruction, or lose m value, unless
Borrower and Lander otherwise agree in writing, the sums secured by this Security Instrument shall bo reduced by ins
amount of [he Miscellaneous Proceeds multiplied by the following traction: la! the rota) amount of the sums encored
immediately vefore the pettier taking, destruction, or Ines in value dimded by Ibi the lair market value of rho Property
immediately batare the partial taking, destruction, or loss in value. Any balance sh»II be paid to Borrower.
in the event of a partial taking, destrucuan. or b5s in value of the Property in which thp. lair market value of the
Property immediately before the paruei taking, destruction, or loss in valve is less than the amount of the sums serurad
immediately betora the genial taking, destruction, or less in valve. unless Borrower and Lender otherwise agree in
Wnting, the MiSC»Ilane0U5 PtOCeeds shall be applied to Ina Sums S»CUred 2}Y this SE`.GUrity Instrument whether m not iha
sums are then due.
it (hC Prnparty is abantlonod by Borrower. pr it, »fter entice by lender to Borrov,ar that iho OpDOSing Party .as
defined n the next sentaruei nears to make an award to Bettie a Gaim tar damnpes. Barcower fails to respond to
! ender within 30 days after the d»te tea nalice is given, Lander is authorized to colinr,t and apply the Misf,CHanaous
Procoads either to restoration o• rap0v nl lha Prnparty Or F<7 the sums socurad by rhs 5.'r. urny instrument, whether nr
eat than due. "Cpposing Party" means the, third party that owns BOfrCWCf 1.dist:eeanrnu5 PrnCeaps nr Inn party agmnst
whom 8nrrower has a tight of arlian in regard to Misrellanenus Praceads.
Borrower shall he in darault ~! any action nr proceeding, whether civil nr rnminal. s begun that, in Lender's
judgment, Could result in larfeiture 01 the Prnparty cr other matanal impairment of t.entler's intarrst in the Properly nr
rights under this Security Instrument. Borrower ran Cora such a deisult end. ii acceleration has occurred, reinstate as
provided in Section t9, by causing the action or proceeding to ha dismissed wile a ruing that, rn Lender's judgment.
pracludas farferturB of the Propariy nr other mdieri8l impairment nt Lender's interest to the Property ar rights under this
Security Instrument. The proceeds of any award or claim for damages that arc atttibutablo to the impairment al
Lender's interest m the Property are hereby »ssigned and shalt br: paid to lender.
All MisC»Ilanenua Proceeds th»t are not »pptiod to restoration o: repair of the Propariy shall be applied in the order
provided (pr in Ser.6on 2.
T2. Borrower Not fleleated: Forbearance 8y Lwder Not a Waver. Extension of the Ume for payment or
madiliGatian of dmorliZdiinn nl iha Surns SeCUred bV ihi8 Security instrument granted by Lender to BOrrDWer or any
Successor in Interest of Borrower snail not operate to release the. Nabrhty al 8orrowar nr env Successors in Interest Ot
Borrower. Lender shall not be rogwretl to rammence proceedings against any Sucrossor in interest of Borrower or to
refuse [p extend time for payment or otherwise modify amnrti2dtian of iha sums secured by this Security instrument by
reason of any demand made by rho original Borrower or any Successors in Interest of Borrower. Any Iprbearanco ay
Lender m ezercismg any right or remedy including, without 1'imitaGon. Lender's at.Ceptance of payments from third
persons, P.ntili65 or Successors in interest of Borrower ar in amounts toss than the amount then due, chart not be »
waiver of or preclude the exercise of any right or remedy.
T3. Joint and Several Liabipty; Co•aigne.a; Succsatora and Assigns Bound. Borrower covenants and agrees that
Borrower's obligations and liability shalt be joint and several. Wowevar, any Borrower who co-signs this Soruritv
Instrument but does not execute the Nota (a "cosigner"!: (ai is cosigning this Security Instrument only to mongage,
grant and convey the co-signer's interest in the Property under the terms of this Security instrument; {hi is not
personalty Obagated to pay iha sums secured by this Security instrument: end Icl agrees that lender and any other
8orrowar can agree to extend, motlity, forbear or make any accommodations with rogartl to the terms of this Security
instrument or the Note without the co-signer's consent.
Subject to the provisions al Section 18, any SUGCBSSOr in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved bV Lender, shad ohlam »ll or Borrower's rights and
benefits under this Serunty Instrument. 8orrowar shall not he released Irnm Borrower's obliganons end liability under
this Security Instrument uroasa loixier agrees to atx/h reieasn in wining. The covenants and aureemant» ul ;,.:
Security instrument shall bind !extent as provided in Section 201 and benefit the successors and assigns of lender.
14. l.oen Charges. Lender may charge Borrower dos Inc seruires parformetl in Connection with Borrpwer"5
default. for the purDOSe pf protecting lender's interest in the Property and rights under this Security Instrument.
inrlutling, but not limited to, attorneys' teas, property inspection and vaivatinr, fees. In regard to any other fees, the
PENNSYIVANiA Single Fam+ty-Fannit Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 t!Ot
Page s nr 13
MORTGAGE
Loan No: 33332241 IContinusd) Page 8
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 fee. Lender may not charge tees that are expressly prohibited by thin Security
Instrument or by Applicable Law.
It the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
interest or otfier loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then:
la) any such loan charge shell be reduced by the smount necessary to reduce the charge to the permitted limit; end (h}
any sums aireadV collected from Borrower which exceeded pmmitted limits will be refunded to Borrower. Lender may
choose to make this refund by reducing the prineipak owed under the Note or by making a direct payment to Borrower.
It a refund reduces principal, the reduction will be treated as a partiet prepayment witftout arty prepayment charge
lwhethar or not a prepayment charge is provided for under the Notei. Borrower's ecceptattca of any such refund made
Dy direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising nut of such
overcharge.
15. Notkss. All notices given by Borrower or lender in connection with this Secunty Insuument must be in
writing. Any notice to Borrower in connection with this Security Instrument sheN be deemed to have been given to
Borrower when mailed 6y first class mail or when actually delivered to Borrower's notice address if sent by other
means. Notice to any one Borrower sheN constitute notice to all Borrowers unless Applicable Law expressly regrres
otherwise. The notice address shall be the Property Address unbss Borrower has designated a subatittrte notice
address by notice to Lender. Borrower ehail promptly notify Lender of Borrower's strange of address. If Lender specif}es
e procedure for raportirtg 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 Insuument nt env one
time. Any notice to Lander shelf be given 6y daNvering it or by malt}ng k by first class mail to Lender's address slated
herein unless Lender has tlesignated another atldresa bV notice to Borrower. Any notice in connection with this Security
Insuument shall not be deemed to have been given to Lender until actually received by Lender. It any notice required by
Mis Security instrumaM is also required under Applicable Law, the Applicable law requirement will satisfy the
corresponding requirement under this Security Instrument.
18. Oevernfnp Law; SsvsrabNky: Rrdcs of Conatructian. This Secwhy Insuument shell be governed by federal law
and the law of the juriadictien in which the Property is located. Ail rights and obligations contained in this Security
Instrument are subject to any requirements and (imitations of Applicable law. Applkable Law might explicitly or
implicitly atiaw fire parties to agree Dy contract or it might be silent, but such silence shall not be conauued as a
prohibition egoinst agreement 6y contract. In the event that any provision or clause of this Secunty Instrument or the
Note conflicts with Applcabla Law, such conflict shalt not affect outer provisions o1 this Security Instrument or the
Nora which can be given effect without the conflicting provision.
As used in this Security InstrurneM: le} words of the masculine gender shall mean and include corresponding
neuter words or words of the feminine gender; Ib) words in the singular shall mean and include the Rlural and vice
versa; aril Icl the word "may" gives sole discretion without any obligation w take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of tM Property or a Bariefkhl Intxeat in Borrower. Aa used in this Section 78, "Interest in the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
uansterred in a bond tot deed, contract for deed, installment sales contract or escrow agreement, the intent of which is
the transfer of title by ~rrower at a ttrtwe date to a pwcheser,
if all ar any part of the Property or arty Interest in the Property is sold or transferred for it Borrower is not a natural
person end a 6enefkial interest in Borrower is sold or transferred} without Lender's prior written consent, Lender may
require immediate payment in foil of aN sums secured by thin Security Instrument. However, this optlan shall not be
exercisetl by Lender If ara;h exercise is prohibited by Applicable Law.
If Lender exercises this option, Lerxier shall give Borrower notice of acceerstion. The notice shah provide a period
of not less than 30 days from the date the notice ie given in accordance with Section i5 within which Borrower must
pay elf sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this
period, Lander may invoke any remedies permitted by this Security Instrument withotn further notice or demand on
Borrower.
t9. Borrower's Right to Reinstate Attar Acceferetian. tf Borrower meets certain conditions, Borrower shall have
the right to have enforcement of this Securrry Insxrument discontinued at any time prior to the earliest of: la! five days
bretare sale of the Property pursuant to any power of sale contained in this Security Instrument; fb) such other period as
Applicable Law might specify for the tarminetion of 8arrowar's right to reinstate; or Ic) entry of a judgment enforcing
this Security Insuument. Those conditiana are that Borrower: lot POYc Lander all sums which then would be due under
this Security Instrument end the NMe as }f no aceeleretion had occurred; (bi cures any defauh of any other covenants
nr agreements; Icl pays all axpenaea incurred in enforcing this Sacw}ty Instrument, including, but not limited to,
reasonable attorneys' fees, property inspaetinn aril valuation tees, and other fees incurred for the propose 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 asaura that Lender's interest in the Property and rights under this Security Instrument, and
Borrower's obligation to pay the soma secured by this Security tnstrumani, shall continue unchanged. Lender may
require that Borrower pay such reinstatement aumn and expenses }n one ar more of the following forms, ae selected by
Lender: (e) cash; (bl money order; (c) certified ctwek, bank check, treasurer's check or easftier's check, provided any
such check is drawn upon an inatitutian whose deposhs are insured by a federal agency, inatrumental€ty or entity; or Idl
Electronic Funds Transfer. Upon refnstatament by Borrower, this Security Instrument and obligations natured hereby
shah remain fully effective ea i1 no acceleration had occurred. However, this right to rainatete shell not apply in the
case of acceleration under Section 18.
20. Sale of Nots; Change of Loan Sarvicer: Notcc of Orfavence. The Nota or a partial interest in the Note
(together whfi this Secwhy Instrument) can be sold ens or more times without prior notice to Borrower. A sale might
result in a thongs in the entity (known as the "loan Servitor"} thnt collects Periodic Payments duo under the Note and
this Security Insuument 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 o}
the Note. It there is s change of the Loan Servicer, Borrower wilt be given written notice of the change which will state
tfie name and address of the new loan Servrcer, the address to which payments should be matle ant! any other
information RESPA requires in connection with a notice of transfer of servicing. 11 the Note is sold end thereafter the
Loan is serviced by a Loan Servicer other then the purchaser of the Note, the mortgage loon servicing obligations M
Borrower will rnn:ain vv'ah the Loan Serv}car or be tran:.icnnd to a succn;svr Loau Servicer end era not assumed by the
Note pwcheser unless otherwise provided by the Nate purchaser.
Neitfter Borrower nor Lender may commence, join, or be joined to any judicial action las either an individual litigant
or the member of a class) that anaea from the other party's actions pursuam to this Security Instrument or that alleges
that the other party has breached any provision of or any duty owed by reason oi, this Security Instrument, until such
PENNSYLVAN}A•Single FamilyFsnnia MsslFreddle Msc UNIFORM INSTRUMENT Form 3039 t/Ot
Page 6 of 8
81{ 194 ~PCd~~381
MORTGAGE
Loan Wo: 33332241 (ContinuBdi Pege 7
Borrower or lender has notified the other party iwrth such notice givan in comp4ance wnh the requiramanis pt Seuron
75) of such alleged breach and afforded the ether party hereto a reaaonabic period aher the giving of sucn notice to
take cprrettive anion. if Applicable Law provides a time period which must elepse bptpre certain action tan he taken,
that time paned will be deameA to ba reasonable for purposes of ihrs paragraph. 7ha notice pf acceleration and
opportunity ?o cure givan to Borrower pursuant to Section 22 and the nmice of acceleration given to Borrower pusuam
to Section 18 shoo ba deemed to satisfy the notice and opportunity to takR corrernva a[,tipn provisions of this Section
20.
21. Hazardous Subatencsa. As used in this Section 2t: cal "Her»rdous Substances" era chose substances
deiinpd as tonic or hazardous subatanctls. palfutants, or wastes by Environmental law and ihp loflowing substances:
gasoline, kerosene, other ilammatrte or toxic petroleum products. cozy. pesticides and harhirides, volatile solvents.
materials containing asbestps or tormaldehyde, enA radioactive materials; fb) "Environmental Law" means tederaf laws
and laws ar the jurisdiction where the Property is IocateA that relate to health. safety or environmental protection; tcl
"Envrronmentai Cleanup" includes any response actien, remedtai action, or removal action, as defined in Environmental
Law; and tdl an 'Environmental Condition' means a condition that can cause, rontribute to, or otherwise tripper an
Environmental Cioanup.
Borrower shall not causo or permit the presence, use, disposal, storage, or ralense ni any Hazardous Substances,
or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not da, nor albw anyone else
to do. anything allectirg the Prpprrty fat that is in vrotauon of any Environmenla! law, Ebf which creates an
Envrronmentai Condition, pr (cl which, Aue to thR presence. use, or relRase of a HararAOUS Substance, creates a
rendition thdt adversely affects the value pf the property. 7ha preceding two aentrnces shat! no[ aRRty to rhe:
presence, use, m storage on the Prpnerty of smart quantihea o+ Hazardpus Substances that era generaay rerngniratl In
btt ApproprialP, to nMmai resiARnN»I uses and to mamtenante n1 the PrnpRrfy IirtCludin;l. but n01 Itmitpd tn, hazardous
StlbStanf. P.S in COnSUmer prpdULtSI.
BarrowP.r Shat! promptly gwe Lender written nntif,R Of lei any invtl5ligatinn. claim, rtnmantl, lawsuit or other action
by any governmental or rtlquiatorY agency cr private party tnvoiwng the Prpperty enA any Hazardous Substance nr
Environmental Law of which Borrower has actual knowledge, ibS any Environmantat Combtion, inWuding but not limited
tn, any spilling, Leaking, AisGharge, release pr threat pl release of any He2ardpus Substance. and tCt any rondrUon
CaUCP.A by the presenC@, UStl pr rP.leaSe Ot 8 Hara rAAUS $UbStarlCe which AAVtlrstliy affeG la Ihp VaIUe pl IhR P[oparly, If
Borrower learns, or is notified by env governmental or regulatory authority. nr any privatn party. that any removal or
Uthtlr rgmetiiatinn OI any H»zardpUS SUbStanl:p afipcnng the PropartV i5 necessary, BprrOwer shell prpmptly lake aH
npfeSSary remedial attipn5 to atCnrAanCC W~Ih EnvUpnm@ntai Law Nntning herein shall Create any pbligatipn (In LRnrlar
1!,v an Environmental Cleanup.
NON~UNtFCRM COVENANTS. Brsrrowar enA Lender further tnvenant and agree as tnapws:
22. Acceleration: Remedies. Lendor shall give notice la borrower prior to scceleratlon following Borrower's
breach of any covenant or agreement In Ihla Security Instrument Ibut not prior to acceleration under section 16 unless
Applicable Lew provides otherwisel. Lander shall notify Borrower of, among other IMngs: let the default; tbl the setbn
required to Curs the default: icl when the default must bs cured; end td) that faNura to cure the defaud as spaelded may
result in eccelerattan et the sums secured by this Security Instrument. toreclosurs by iudiciel proceeding and sale of the
Property. Lander ahNl bother inlorm Borrower of the rlgM to reinstate after acesWradon and the right to assert in the
tareciosura proceeding the non•sziahnes of a dafavR or any other dehnae at Borrower to seceteration end loncbaure.
Ii the Whult Is not cued as speeifMd. Lando at hs opttan tnay nquin imrttadiat: payment in foci of ag soma secured
by this Security instrument without further demand and may hnebse this Sacwhy Inatrurnant by iwHdai proceadMg.
Lendpt shall be antNhd to wthct sg ezpsnsu i[tcurred in pursuing the remedies Drovided in thla Sectlon 22. Including,
but oat gmited to. attornaya' hat and eosU of tide evidence to the extant permitted by Appfiuble Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Spturhy Instrument and the
esiata conveyed shall terminate end become word. Altar such occurrence, Lender shall discharge and satisfy this
Security InStrtiment. Borrower shalt pAY any teGptdatl0n Costs. Lender may charge Borrower a foe tar releasing this
Security !nstrumam, but only if the lee is paid to a third party for services rpnARred enA ;he rharging of the fee is
RermiitpA untler Applicebie law.
24, Waivers. Borrower, to the extent permitted by Appiicabte Law, waives and releases env error pr detects .n
prOCeadinga to enforce this SRCUnty InsbUment, and hereby waiVPS the benefit pf Any pre88nt nr IUIUre taws providing
rnr stay of execution, extension al rime, exemption from attachment. Ipvv and sate, and homestaaA rxamptipn.
25. Reinstatement Period. Borrower's Lima to reinstate provkfpd in Section I9 snaa extend to one hour poor to
the commancernrnt of bidding at a sharifl's sRIR or other s81o pursuant fn this Security Instrument.
Z6. Pwcheae Money Mortgage. !! any of the debt secured by this Sarurity Instrument ~s lent to Borrower fn
acquire btta t0 the Property. thig $pGUntY instrument Shall tT0 a RUrc~asa mpn¢y mprigagc.
27. Interest Rah After Judgment, Borrower agrees that the mtarest rate payable char a judgment is enipraA nn
the Noce or in an action of mortgage foreclosure shad be the rata payable from hmR In time under thR Note.
BY SIGNING BELOW, Borrower arrepts »r.A agrees to the terms and Gnvpnanis cunt»rneA in this $etumv
instrument »nd in any Rider execulprl by Borrpwer »nd recorde,A wqf+ it.
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~~ _ CORY A. RBAUGH • Borrower
PENNSYWANIA~Singie Family-Fermis MeeiFnddN Mae UNIFORM FNSTRUMENT Form 3039 1101
Page 7 0l 8
911 ! C14 Ii'6r;~P2
MORTGAGE
Loan No: 33332241 (Continued) Page 8
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, COMMfRCE BANK/HARRISBURG N.A., herein is as follows:
RES~ENTIAL MORTGAGE, 100 SENATE AVENUE, CAMP HILL, PA 17011
Attorney or Agent for Mortgagee
ISpeca Below This Line For Acknowledgment)
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYWANIA 1
((( 1 SS
COUNTY OF ~ l~,tt~,1 ,~i 1
On this, tfie _~~ day of ~i„(y1.t_,( , 20 before me
,the undersign Notary Public, personally appear CODY A. CARBAUGH,
known to me for setisfectorUy proven) to be the person whose name is subscribed to the within instrumem. arx!
acknowledged that he or she executed the same (or the purltosea therein contained.
In wltnese whereof, 1 hereunto set my hand and o 1 eel. ~,(~f~~ ~ ~} (;p~
NOTARIAL SEAL ~...,-r' -~ r ~ " ; ~jC~;"~~°~L`~~ .-
MICHELE A. BIAIlSE, NOTARY PUBLIC Notary Public in and for the State of
York 14ep., York County ~~
My CommlaaWn Expiroa Nov. 29, 2008
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PENNSYLVANIA•Single Family-Fannis MaelFreddb Mac UNIFORM INSTRUMENT form 3038 1/01
Page 8 of 8
~~ 0 9~1?PG4~~3
^0 2007 THU 04 50 PM ABCO FRANKLIN COUNTY FAX N0, 7172673910 P, 10
1~I813' urn
~~ ~B~IPTIOB
71LL that o•rtaiu pig or psscel o! lead sitnata is tb• Borough of
p~rYl~ _ ~or• ~~ of ~laod sad Ce3~onwlat]s of
wit: partioolaraly bauod•d sad d•serabed as lollowa to
P71RCiI. ~~1:
~I111/l1iG at ~ point on the northeaatsly aide of Casol platy, .rhiG~
pint of b•ga.aaiaQ is s diatasoe o! !i~• buadsyd tw+ratp-lour sad
thirty~lonr huadredtt-a (52 X1.3{) !i•t !ro^~ tyre aortls end o! as ara a!
a aar~re having a radiur o! aistwa (16) t••t cloaaecting the anrtbern
right-ql-may lino of Carol Strwt .and tti• east.,ra right-ol-~-ay lia,~
of Carol Piaoe; !baste Nosth thirty-au t38) d~gr~ea !illy-ais (56)
aiAUtea: thirty (30) s•ooada seat, a diataao• o! one haadred
a•voaty-s•va sad twaty-yi~ht huudrodtha (177.26) !eat to a point;
tbwe forth i'orty-one (t 1) d+q~r twrlw (12) aiaute• 1ha t, a
distaac:* of oas hundred testy-two sad twolw bandradtba (122.12)
leer to a point: t1s•ne• 8oath forty-eight (`e) d•grMS twnty-nine
(29) ~iaut•s Ihrt, a diatoaae of tno bnadsed sixty-o~n• and
a•v~aty-nine bmdrdths (261.79) !wt to a point; thence Soath
one hlPur (S6) d•grwa ~'l]f-~ (32) si.AOta rant, a diataaa• of
~dr•d toraty-tMO and ttw bertha X122.03} !'wt to a point
oa the aortUwiterly side of Carol Plaa•: tbeaae along the line of
C71ro1 Puce by a cuxve to the right for a radius of !ilty (SO) !e•t,
as are distaaae n! seventy-nine am+d eighty-tiro bund:ndlha (79.82)
!wt to :the point and plane o! Bs6Z1l~'NG.
BZI~iG a~,l Qf Lot fro . B sad part o! Lot Bo . 9 on the Plan of lhiatover
Tersaae l~ Oberland Sosoogh, Cnaberlaad County. P•anaylvaaia, as
recorded oa rebraary 21, 19SS in the Olliee o! the Pe~rcL rof Deeds
of Ci~lrlwad County in Play Soolc 7, 8ag• 11.
Paroel ]ldaatilioatioa ~r
I Cerrify this io be recorded.
7n Cumberland County PA
Recorder of Deeds
~ EXHIBIT
°~9~7PG4~~~~4
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.
(SEAL)
gels sser
ice President
Sworn and Subscribed to
before me this ~~~ day
of ~. ~ 200
ll~ - `f~
Notary Pu 1 c
NOTARIAL SEAL
Stacey L. Houck, Notary Public
York, York County
MJ cASamission expires Decanter 16, 200T
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COMMERCE BANK/HARRISBURG, No. 07-5425 Civil Term
N.A.,
Plaintiff
vs.
CODY A. CARBAUGH, Action in Mortgage Foreclosure
Defendant
PRAECIPE TO ENTER APPEARANCE
TO: PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA
Please enter my appearance in the above-captioned matter on behalf e
Defendant, Cody A. Carbaugh. /J
Dated: 6 2007
By: (/
Wil am C. amer, Esq.
14 North Main Street
Suite 414
Chambersburg, Pennsylvania 17201
Attorney I.D. #
Telephone: 1-717-264-3711
Fax: 1-717-264-0554
E-Mail: williamcramer@earthlink.net
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COMMERCE BANK/HARRISBURG, No. 07- 5425 Civil Term
N.A.,
Plaintiff
vs.
CODY A. CARBAUGH, Action in Mortgage Foreclosure
Defendant
ACCEPTANCE OF SERVICE
Pursuant To Rule 402 (b) of the Pennsylvania Rules of Civil Procedure, I
hereby accept service on behalf of the Defendant, Cody A. Carbaugh, in the above-
captioned matter and hereby certify to the Court of Common Pleas of Cumberland
County, Pennsylvania that I have been expressly authorized by the Defendant, Cody A.
Carbaugh, to accept service of the Complaint filed in the above cap~ned matter. ~
Dated: ~ ZD 2007 By:
Wi(yfam ~~1ame~i', Esq.
14 North Main Street
Suite 414
Chambersburg, Pennsylvania 17201
Attorney I.D. #
Telephone: 1-717-264-3711
Fax: 1-717-264-0554
E-Mail: williamcramer@earthlink.net
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COMMERCE BANK/HARRISBURG,
N.A.,
Plaintiff
vs.
CODY A. CARBAUGH,
Defendant
No. 07-5425 Civil Term
Action in Mortgage Foreclosure
STIPULATION
This STIPULATION is made this ~ ~ day of QC7Uf3 ~'~ 2007 by
and between:
1.0 PARTIES
1.1 COMMERCE BANK/HARRISBURG, N.A., a national banking association,
having a principal place of business at 3801 Paxton Street Harrisburg, Dauphin County,
Commonwealth of Pennsylvania 17111, and hereinafter sometimes referred to as
"Plaintiff' andlor "Bank. This Stipulation is executed by Jack F. Ream, Esq., attorney of
record in the above captioned matter for Bank, who represents to the Defendant and to
the Court of Common Pleas of Cumberland County, Pennsylvania that:
A. He is the attorney of record for Bank in the above captioned matter;
B. He has the authority on behalf of Bank to execute this Stipulation on behalf of
Bank;
C. He has the authority on behalf of Bank to bind and commit Bank to the terms and
provisions of this Stipulation; and
D. He has the authority on behalf of Bank to cause an Order of the Court of
Common Pleas of Cumberland County, Pennsylvania approving and adopting this
Stipulation.
1.2 CODY A. CARBAUGH, an adult male individual residing at 551 Bishop
Avenue, Chambersburg, Franklin County, Pennsylvania 17201, and hereinafter
sometimes referred to as "Defendant". This Stipulation is executed by William Cramer
Esq., attorney of record in the above captioned matter for Defendant who represents to
the Defendant and to the Court of Common Pleas of Cumberland County, Pennsylvania
that:
A. He is the attorney of record for Defendant in the above captioned matter;
B. He has the authority on behalf of Defendant to execute this Stipulation on behalf
of Defendant;
C. He has the authority on behalf of Defendant to bind and commit Defendant to the
terms and provisions of this Stipulation; and
D. He has the authority on behalf of Defendant to cause an Order of the Court of
Common Pleas of Cumberland County, Pennsylvania approving and adopting this
Stipulation.
~.
2.0 STIPULATION
Judgment is hereby to be entered in favor of Bank and against Defendant in the
above captioned matter for:
2.1 Foreclosure, sale and execution against real estate of the DEFENDANT,
CODY A. CARBAUGH, known and numbered as 92 Carol Place, 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,
situate in Borough of New Cumberland, Cumberland County, Commonwealth of
Pennsylvania, UPI #26-22-0820-102 and which is more particularly described in Exhibit
"A" which is attached hereto and incorporated herein by reference thereto; and
2.2 The sum of $ N/A
Dated: ~~~ ~ ~ , 2007
~-""
. Ream, Esq 're
Ream, Carr, Markey & Woloshin LLP
(formerly Kain, Brown & Roberts LLP)
119 East Market Street
York, PA 17401
Attorney I.D. #10241
Telephone: 1-717-843-8968
Fax: 1-717-846-6676
E-mail: JcKReam(c~aol.com
Attorney for Plaintiff
14 North Main Street
Suite 414
Chambersburg, Pennsylvania 17201
Attorney I.D. #
Telephone: 1-717-264-3711
Fax: 1-717-264-0554
E-Mail: williamcramer@earthlink.net
EXHIBIT "A"
ALL that certain pica or pence! of land situate iu the Borough of now
Cumberland County of Cumbarlat+d and Coatatottvvealth oFPe„nsylvsnia, more
particularly bounded aad described as follawa, to wit;
BEGINNING at a point on the noRhern side of a wl-dasac at t}u~ end of Carol
Place at the souiheasttttt corns oflands of Gene I. and Elizabeth 7'rieno; thestce
by said Ttiano land. North tli~rty-sx (36) degroea fifty-six (56) mitwte9 tturty(3d)
seconds East, a disUace of one hundrod seventy-seven aad twenty-eight
hundredths (l?7.28) feet to a point at land ofthe Pemsylvania Railroad Company;
thence by said land ofthe Pennsylvania Railroad Coatpany, South iocry-one (a I)
degrees twenty-one (21) trditutesEast, a distance of one hundred twe<uy-two and
thirteen hundredths (122. l3) feet to a point; thence still along tend of the
Pennsylvania Raitroad.Cnmpsny, South th"arty-two (32) degrees.5fty-eight (S6)
minutes East, a distance of ane hundred twenty-snc and 5ttir-eighR hundredths
(126.58) feet to a point u land of Mwd H, Lcngneekar•, thence by said
LongtKCker land, South nineteen (19) degrees thiruen (I3) minutes West, a
distance ofdghty-two artd ttRy-nix hundredths (82.sb) feet to: pc-iat at land of
Claud H. Sreigervvalt, 1r. and Esther N. Steigerwalt, his wife; tb~ce by said
Sieigerwalt land, North seventy {70) degrees forty-seven (4'37 mi~mtes West, s
distance of one hundred (100) £eet to a point; thence still along acid Steigerwalt
land, North seventy (70) dcgew forty :,even {477 tninutes West, a distance ofoae
hundredtwenty-three and forty hundrafthS (1?3.40) fact; thersoealongthe cui-da•
sac at the end of Cool Plane in a Northwestwardly direction by a antis !o ttu left
having a radius of 51ty (SO) feet, as arc dis~ce of cixry-eight ind fartysix
hundredths (68.46) feet to a point at land of Gene J. and Elizabeth Triano, the
place of beginning.
BEING in pari all afLot Ncf. [0 and the remsiador ofLot No.:9 on a.Plan ofLots
for Westover Terrace recorded in Cumberland County Plan Book 7, page ] ~,
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SHERIFF`S RETURN - OUT OF COUNTY
~ CASE N0: 2007-05425 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK
VS
CARBAUGH CODY A
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:
nTnnrrTnv nnr~v T
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On October 24th 2007 this office was in receipt of the
attached return from FRANKLIN
Sheriff ' s Costs : So answer~~~_~-.
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Docketing 18.00 ~"`~~ ~'"-
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Out o f County 9. 0 0 ~~ " ----"
Surcharge 10.00 Rf. Thomas Kline
Dep Franklin Co 27.05 Sheriff of Cumberland County
Postage 1.72
65.77 / i~~3t~b?
10/24/2007
REAM CARR MARKEY WOLOSHIN
Sworn and subscribe to before me
this day of
A.D.
4 ~ ,
- In The Court of Comgnon Pleas'of Cumberland County, Pennsylvania
Commerce Bank Harrisburg
VS.
Cody A. Carbaugh
F'zanklin
Now, sApt~,bQr 17, 2007 ~ I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
No . •07-5425 civil
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now, fr~~ ~i.~_~o~~.~ , 20~, at ~,'/U o'clock ~ M. served the
wrthu~.
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upon _ 2f~~ ~1~1y N - /~aa~n/h.r %~ ~~~,~~ ~,e,~r.~~G~'
at
by handing to /s~ rt ~~ ,Q ~ .~ ~ ,J
_~~~,
a `- copy of the original ~~•
and made known to ~, ,.,,, ~ the contents thereof.
So answers,
. ,
~-
Sheriff of County, A
COSTS
Sworn and subscribed before SERVICE $
me this /~ `day of ~P,~<~, 20~ MILEAGE
// AFFIDAVIT
~J ~ ~ Notarial Seal
/~ _, 'hard D. McCarty, Notary Public /j ! _ $ ~ ,, f ~ S
Chamberstur~ Boro, Franklin ~c~.:~`y f Qd.Y
My Commission Exp~re~ ~ ~' ' l
SHERIFF'S RETURN - REGULAR
i
ti
CASE NO: 2007-00197 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
COMMERCE BANK HARRISBURG NA
VS
CODY A CARBAUGH
RICHARD L NORTH Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within COMP MORT FORE was served upon
CARBAUGH CODY A the
DEFENDANT at 0011:10 Hour, on the 4th day of October 2007
at 551 BISHOP AVENUE
CHAMBERSBURG, PA 17201
by handing to
MARK BIRON (ROOM MATE)
a true and attested copy of COMP MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
Sworn and S bscribed to before
me this day of
00 _
So Answers:
RICHARD L NORTH ,~O ~ ,/
Deputy Sheriff
10/09/2007
REAM CARR MARKEY & WOLOSHIN
` Notarial Seal
Not ar `' Richard D. McCarty, Notary Public
Ch2mbersturg Boro, Franklin County
My Commission Expires Jan. 29, ?'+~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION: LAW
COMMERCE BANK/HARRISBURG,
N.A.,
Plaintiff
vs.
CODY A. CARBAUGH,
Defendant
No. 07-5425 Civil Term
Action in Mortgage Foreclosure
5~
oer s~ ate''
ORDER OF COURT
And, now to wit, this t3~~ day of N O~t+n1~t+- 2007, upon presentation
of a Stipulation by and between Plaintiff, Commerce Bank/Harrisburg, N.A., and
Defendant, Cody A. Carbaugh, dated October 17, 2007, it is hereby ordered and
decreed that Judgment is hereby entered in favor of Plaintiff, Commerce
Bank/Harrisburg, N.A., and against Defendant, Cody A. Carbaugh, in the above
captioned matter for:
1 Foreclosure, sale and execution against real estate of the DEFENDANT,
CODY A. CARBAUGH, known and numbered as 92 Carol Place, 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,
situate in Borough of New Cumberland, Cumberland County, Commonwealth of
Pennsylvania, UPI #26-22-0820-102 and which is more particularly described in Exhibit
"A" which is attached hereto and incorporated herein by reference thereto; and
BY THE COURT
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EXHIBIT "A"
ALL chat certain piece or parse! of land situate in the Borough of new
Cumberland, County Of CumberLnd and Commonwealth of Pennsylvania, more
particularly bounded and dcactibed as follows, to wit:
BEGINNING at a point on the northern side of a cul-de-sac at the: end of Carol
Flttce at the southeastern wtner oflands of Gate J. and.Elit:aboth 7'riano; thence
by said Triano land. North thirty-sus (36) degrees fifty-six (56) mitw[es thirty (30)
seconds East. a distance of one hundrod sevany-seven and twcnty-eight
hundredths (l 77.28) feet to a point at land of the Pennsylvania Railroad Company:
thence by said land ofthe Peansyhrania Railroad Cotnpacry, South ibcty-one (41)
dcgrecs twenty-one (21) mdnutasEast, a distance of one htutdtrd twenty-two and
thirteen hundredths (122.13) feet to a point; thenco still along Lund of the
Pennsylvania Railroad Company, South th'uty-two (32) degroes, fitly-eight (S8)
minutes East, a_distance of one hundred twenty-six and fifty-agtn hundredths
(126.58) feat to a poise at land of Mwd H. Longoacknr; theoea by said
Longneckcr land. South nineteen (19) degrees thirteen (13) minutes West, a
distance of eighty-two and fifty-nix hundredths (82.56) feet to a paint at land of
Clwd H. Sreigerwalc, Jr, and Esther N, Steigerwalt, his wife; thence by said
Steigerwalt land, North xeventy (70) degrees forty-seven (47) minutes West, a
distance of one hundred (100) £aat to a point; thence still along acid Stagerwah
land, North seventy (70) degees forty-,oven (d7) minutes West, a distance of one
hundred twenty-throe and forty hundredths (123.40) feet; thence alongthe w1-de~
sac at the end of Carol Place in a Northwestwardiy direction by a eu~tie to the left
having a radius of 58y (SO) feet, as arc distu-ce of sixty-eight and forty-six
hundredths (68.46) feet to a point at land of Gene J. and Elizabeth 7riano, the
place of begit-ning.
BEING in part all ofLot NQ. [0 and the remainder ofLoc No.=9 on ~-PlanofLots
for Westover Terrace reco(ded in Clrmberland County Plan Book 7, Page ]l,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMERCE BANK/HARRISBURG, N.A.,
Plaintiff
Vs.
CODY A. CARBAUGH,
Defendant,
No. 07- 5425 Civil Term
Amount: $155,504.05
Interest to Dec. 7, 2007 - $2,751.88
Costs
(To be completed by Prothonotary)
Pltf. Paid.
Deft. Paid.
Due Prothy.
Other Costs.
PRAECIPE FOR WRIT OF EXECUTION -
MORTGAGE FORECLOSURE
TO THE PROTHONOTARY OF SAID COURT:
Issue writ of execution in the above captioned case against real estate and
improvements of DEFENDANT, CODY A. CARBAUGH, situate at 92 Carol Place,
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, situate in Borough of New Cumberland,
Cumberland County, Commonwealth of Pennsylvania, UPI # 26-22-0820-102 and
more particularly described in Exhibit "A" which is attached hereto and incorporated
herein by reference thereto.
DATE: December 7, 2007 Signature:
Print .Rea squire
Address: Ream, Carr, Markey & Woloshin LLP
119 East Market Street
York, PA 17401
Attorney for: Plaintiff
Telephone: 1-717-843 -8968
Fax: 1-717-846-6676
E-mail: JckReam@aol.com
Supreme Court ID No.: 10241
Attorney for Plaintiff
Commerce Bank/Harrisburg, N.A.
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ALL that certain piece or parcel of land situate in the Borough of New
Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern side of a cul-de-sac at the end of Carol
Place at the southeastern corner of lands of Gene 3. and Elizabeth Triano; thence by said
Triano land, 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 at land of the Pennsylvania Railroad Company; thence by said land of the
Pennsylvania Railroad Company, South forty-one (41) degrees twenty-one (21) minutes
East, a distance of one hundred twenty-two and thirteen hundredths (122.13) feet to a
point; thence still along land of the Pennsylvania Railroad Company, South thirty-two
(32) degrees fifty-eight (58) minutes East, a distance of one hundred twenty-six and fifty-
eight hundredths (126.58) feet to a point at land of Maud H. Longnecker; thence by said
Longnecker land, South nineteen (19) degrees thirteen (13) minutes West, a distance of
eighty-two and fifty-six hundredths (82.56) feet to a point at land of Claud H.
Steigerwalt, Jr. and Esther N. Steigerwalt,'~is wife; thence by said Steigerwalt land,
North seventy (70) degrees forty-seven (47) minutes West, a distance of one hundred
(100) feet to a point; thence still along said Steigerwalt land, North seventy (70) degrees
forty-seven (47) minutes West, a distance of one hundred twenty-three and forty
hundredths (123.40) feet; thence along the cul-de-sac at the end of Carol Place in a
Northwestwardly direction by a curve to the left having a radius of fifty (50) feet, an arc
distance of sixty-eight and forty-six hundredths (68.46) feet to a point at land of Gene J.
and Elizabeth Triano, the place of beginning.
BEING in part all of Lot No. 10 and the remainder of Lot No. 9 on a Plan of Lots
for Westover Terrace recorded in Cumberland County Plan Book 7, Page 11.
Exhibit "A"
~ ~ \ ~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DNISION
COMMERCE BANK/HARRISBURG, N.A., 07- 5425 Civil Term
Plaintiff
Vs.
Action in Mortgage Foreclosure
CODY A. CARBAUGH,
Defendant
AFFIDAVIT PURSUANT TO RULE 3129.1
JACK F. REAM, ESQUIRE, Attorney for Plaintiff, Commerce Bank/Harrisburg, N.A., assignee
of Commerce Bank/Harrisburg, N.A., in the above action, sets forth as of the date of the praecipe for the
writ of execution was filed to the following information concerning the real property located at and
known and numbered as: 92 Carol Place, 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, situate in Borough of New
Cumberland, Cumberland County, Commonwealth of Pennsylvania, UPI # 26-22-0820-
102 and more particularly described in Exhibit "A" which is attached hereto and incorporated herein by
reference thereto.
1. Name and Address of Owner(s) or Reputed Owner(s):
Name Address (if address cannot be
reasonably ascertained, please
so indicate)
Cody A. Carbaugh
481 East Liberty Street
Chambersburg, Pennsylvania 17201
Cody A. Carbaugh
551 Bishop Avenue
Chambersburg, Pennsylvania 17201
2. Name and Address of Defendant(s) in the Judgment:
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
Cody A. Carbaugh
481 East Liberty Street
Chambersburg, Pennsylvania 17201
Cody A. Carbaugh
551 Bishop Avenue
Chambersburg, Pennsylvania 17201
3. Name and Address of every Judgment Creditor whose judgment is a record lien on
the real property to be sold:
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
Commerce Bank/Harrisburg, N.A. 3801 Paxton Street
Harrisburg, PA 17111
4. Name and Address of the last recorded holder of every mortgage of record:
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
Commerce Bank/Harrisburg, N.A. 3801 Paxton Street
Harrisburg, PA 17111
5. Name and Address of every other person who has any record lien on the property:
Name Address (if address cannot be
reasonably ascertained, please
so indicate)
6. Name and Address of every other person who has any record interest in the
property and whose interest maybe affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please
so indicate)
N/A
2
7. Name and Address of every other person of who the Plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Name
N/A
Address (if address cannot be
reasonably ascertained, please
so indicate)
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 PA C.S. Sec. 4904 relating to unsworn falsification to authorities.
Dated: December 7, 2007
eam, Esquire
Ream, Carr, Markey & Woloshin 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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ALL that certain piece or parcel of land situate in the Borough of New
Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern side of a cul-de-sac at the end of Carol
Place at the southeastern corner of lands of Gene J. and Elizabeth Triano; thence by said
Triano land, 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 at land of the Pennsylvania Railroad Company; thence by said land of the
Pennsylvania Railroad Company, South forty-one (41) degrees twenty-one (21) minutes
East, a distance of one hundred twenty-two and thirteen hundredths (122.13) feet to a
point; thence still along land of the Pennsylvania Railroad Company, South thirty-two
(32) degrees fifty-eight (58) minutes East, a distance of one hundred twenty-six and fifty-
eight hundredths (126.58) feet to a point at land of Maud H. Longnecker; thence by said
Longnecker land, South nineteen (19) degrees thirteen (13) minutes West, a distance of
eighty-two and fifty-six hundredths (82.56) feet to a point at land of Claud H.
Steigerwalt, Jr. and Esther N. Steigerwalt, 'pis wife; thence by said Steigerwalt land,
North seventy (70) degrees forty-seven (47) minutes West, a distance of one hundred
(100) feet to a point; thence still along said Steigerwalt land, North seventy (70) degrees
forty-seven (47) minutes West, a distance of one hundred twenty-three and forty
hundredths (123.40) feet; thence along the cul-de-sac at the end of Carol Place in a
Northwestwardly direction by a curve to the left having a radius of fifty (50) feet, an arc
distance of sixty-eight and forty-six hundredths (68.46) feet to a point at land of Gene J.
and Elizabeth Triano, the place of beginning.
BEING in part all of Lot No. 10 and the remainder of Lot No. 9 on a Plan of Lots
for Westover Terrace recorded in Cumberland County Plan Book 7, Page 11.
Exhibit "A"
•
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL DIVISION
COMMERCE BANK/HARRISBURG, N.A., 07- 5425 Civil Term
Plaintiff
Vs.
Action in Mortgage Foreclosure
CODY A. CARBAUGH,
Defendant
NOTICE OF SHERIFF'S SALE PURSUANT TO PA. R.C.P. 3129.2
NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage,
judgment or tax lien against the real estate of DEFENDANT, CODY A. CARBAUGH, situate
at 92 Carol Place, 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, situate in Borough of New Cumberland, Cumberland
County, Commonwealth of Pennsylvania, UPI # 26-22-0820-102 and more particularly
described in Exhibit "A" which is attached hereto and incorporated herein by reference thereto.
You are hereby notified that on June 11 2008 at 10:00 A.M., Prevailing Time, by virtue of a Writ
of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on
the judgment of Commerce Bank/Harrisburg, N.A., Plaintiff, vs. Cody A. Carbaugh,
Defendant, 07- 5425 Civil Term, the Sheriff of Cumberland County, Pennsylvania, will expose
at Public Sale the real estate of Defendant, Cody A. Carbaugh, being 92 Carol Place, 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, situate in Borough of New Cumberland, Cumberland County,
Commonwealth of Pennsylvania, UPI # 26-22-0820-102 and more particularly described in
Exhibit "A" which is attached hereto and incorporated herein by reference thereto at the
following location: At a room designated by the Sheriff of Cumberland County Pennsylvania in
Cumberland County Court House, One Courthouse Square, Carlisle, Cumberland County
Pennsylvania. The room to be designated to conduct the Sheriff's Sale will be Hosted on the day
of the Sale, being June 11, 2008, at each and every public entrance to the Cumberland County
Court House.
A description of said real estate is hereto attached.
You are further notified that a Schedule of Proposed Distribution will be filed by the
Sheriff of Cumberland County distribution will be made on July 11, 2007 in accordance with the
Schedule of Distribution unless exceptions are filed thereto within ten (10) days after filing the
Schedule of Distribution.
You are further notified that the lien you hold against said real estate will be divested by
the sale and that you have an opportunity to protect your interest, if any, by being notified of said
Sheriff Sale.
Dated: December 7, 2007
J m, qui
Ream, Carr, Markey & oloshin 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.
2
~ ~
ALL that certain piece or parcel of land situate in the Borough of New
Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern side of a cul-de-sac at the end of Carol
Place at the southeastern corner of lands of Gene J. and Elizabeth Triano; thence by said
Triano land, North thirty-six (36) degrees fifty-six (S6) minutes thirty (30) seconds East,
a distance of one hundred seventy-seven and twenty-eight hundredths (177.28) feet to a
point at land of the Pennsylvania Railroad Company; thence by said land of the
Pennsylvania Railroad Company, South forty-one (41) degrees twenty-one (21) minutes
East, a distance of one hundred twenty-two and thirteen hundredths (122.13) feet to a
point; thence still along land of the Pennsylvania Railroad Company, South thirty-two
(32) degrees fifty-eight (S8) minutes East, a distance of one hundred twenty-six and fifty-
eight hundredths (126.58) feet to a point at land of Maud H. Longnecker; thence by said
Longnecker land, South nineteen (19) degrees thirteen (13) minutes West, a distance of
eighty-two and fifty-six hundredths (82.56) feet to a point at land of Claud H.
Steigerwalt, Jr. and Esther N. Steigerwalt, ':iis wife; thence by said Steigerwalt land,
North seventy (70) degrees forty-seven (47) minutes West, a distance of one hundred
(100) feet to a point; thence still along said Steigerwalt land, North seventy (70) degrees
forty-seven (47) minutes West, a distance of one hundred twenty-three and forty
hundredths (123.40) feet; thence along the cul-de-sac at the end of Carol Place in a
Northwestwardly direction by a curve to the left having a radius of fifty (SO) feet, an arc
distance of sixty-eight and forty-six hundredths (68.46) feet to a point at land of Gene J.
and Elizabeth Triano, the place of beginning.
BEING in part all of Lot No. 10 and the remainder of Lot No. 9 on a Plan of Lots
for Westover Terrace recorded in Cumberland County Plan Book 7, Page 11.
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DMSION
COMMERCE BANK/HARRISBURG, N.A.,
Plaintiff
07- 5425 Civil Term
Action in Mortgage Foreclosure
V s.
CODY A. CARBAUGH,
Defendant
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TO: Cody A. Carbaugh Cody A. Carbaugh
481 East Liberty Street 551 Bishop Avenue
Chambersburg, PA 17201 Chambersburg, PA 17201
TAKE NOTICE:
That the Sheriff s Sale of Real Property (real estate) will be held on June 11, 2008 at the
following location: At a room designated by the Sheriff of Cumberland County Pennsylvania, in
Cumberland County Court House, One Courthouse Square, Carlisle, Cumberland County,
Pennsylvania. The room to be designated to conduct the Sheriff's Sale will be Hosted on the day
of the Sale, being June 11, 2008, at each and every public entrance to the Cumberland County
Court House.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION OF your property to be sold is: 92 Carol Place, 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,
situate in Borough of New Cumberland, Cumberland County, Commonwealth of
Pennsylvania, UPI # 26-22-0820-102.
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
COMMERCE BANK/HARRISBURG, N.A., PLAINTIFF, vs. CODY A. CARBAUGH,
DEFENDANT, No. 07- 5425 Civil Term.
The name of the owner or reputed owner of this property is: CODY A. CARBAUGH,
Defendant.
A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received
and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities
that are owed taxes), will be filed by the Sheriff within thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless
someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information
about the schedule of distribution may be obtained from the Sheriff of Cumberland County,
Cumberland County Court House, One Courthouse Square, Carlisle Cumberland County,
Pennsylvania 17013 Ph: 1-888-697-0371 Ext. 6390.
PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY. It has been issued because there is a judgment against you. It may cause your
property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent
your property from being taken. A lawyer can advise you more specifically of these rights. If
you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA. 17013
PHONE 1-717-249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of Cumberland County to open
the judgment if you have a meritorious defense against the person or company that has entered
judgment against you. You may also file a petition with the same Court if you are aware of a
legal defect in the obligation or procedure used against you.
2. After the Sheriff s Sale you may file a petition with the Court of Common Pleas of
Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause.
This petition must be filed before the Sheriff's Deed is delivered.
3. A petition or petitioners raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the
Court's regularly scheduled business court sessions. The petition must be served on the attorney
for the creditor at least two (2) business days before presentation to the Court and a proposed
order or rule must be attached to the petition. If a specific return date is desired, such date must
be obtained from the Court Administrator, Cumberland County Court House, One Courthouse
Square, 3-R, Carlisle, Pennsylvania PH: (717) 240-6200 Toll Free: 1-888-697-0371 x 6200
Fax: (717) 240-6460; a-mail: courtadmin(cr~,ccya.net
You are further notified that the lien you hold against said real estate will be divested by
the sale and that you have an opportunity to protect your interest, if any, by being notified of said
Sheriff Sale.
Dated: December 7, 2007 ~
ack squire-" (.~
Ream, Carr, Markey & Woloshin 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.
ALL that certain piece or parcel of land situate in the Borough of New
Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern side of a cul-de-sac at the end of Carol
Place at the southeastern corner of lands of Gene J. and Elizabeth Triano; thence by said
Triano land, 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 at land of the Pennsylvania Railroad Company; thence by said land of the
Pennsylvania Railroad Company, South forty-one (41) degrees twenty-one (21) minutes
East, a distance of one hundred twenty-two and thirteen hundredths (122.13) feet to a
point; thence still along land of the Pennsylvania Railroad Company, South thirty-two
(32) degrees fifty-eight (58) minutes East, a distance of one hundred twenty-six and fifty-
eight hundredths (126.58) feet to a point at land of Maud H. Longnecker; thence by said
Longnecker land, South nineteen (19) degrees thirteen (13) minutes West, a distance of
eighty-two and fifty-six hundredths (82.56) feet to a point at land of Claud H.
Steigerwalt, Jr. and Esther N. Steigerwalt, :pis wife; thence by said Steigerwalt land,
North seventy (70) degrees forty-seven (47) minutes West, a distance of one hundred
(100) feet to a point; thence still along said Steigerwalt land, North seventy (70) degrees
forty-seven (47) minutes West, a distance of one hundred twenty-three and forty
hundredths (123.40) feet; thence along the cul-de-sac at the end of Carol Place in a
Northwestwardly direction by a curve to the left having a radius of fifty (50) feet, an arc
distance of sixty-eight and forty-six hundredths (68.46) feet to a point at land of Gene J.
and Elizabeth Triano, the place of beginning.
BEING in part all of Lot No. 10 and the remainder of Lot No. 9 on a Plan of Lots
for Westover Terrace recorded in Cumberland County Plan Book 7, Page 11.
Exhibit "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-5425 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG, N.A., Plaintiff (s)
From CODY A. CARBAUGH
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $155,504.05 L.L.$ 0.50
Interest to 12/07/07 - $2,751.88
Atty's Comm % Due Prothy $2.00
Atty Paid $184.77 Other Costs
Plaintiff Paid
Date: 12/10!07 ~
~exq_
(.tc~t..~.c.,a ~.
Protho otary CO
(Seal) BY~
Deputy
REQUESTING PARTY:
Name JACK F. REAM, ESQUIRE
Address: REAM, CARR, MARKEY & WOLOSHIN LLP
110 EAST MARKET STREET
YORK, PA 17401
Attorney for: PLAINTIFF
Telephone: 717-843-8968
Supreme Court ID No. 10241
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DNISION
COMMERCE BANK:/HARRISBURG, N.A.,
Plaintiff
Vs.
No. 07- 5425 Civil Term
Amount: $155,504.05
Interest to Dec. 7, 2007 - $2,751.88
CODY A. CARBAUGH,
Defendant,
Costs
(To be completed by Prothonotary)
Plt£ Paid. _
Deft. Paid _
Due Prothy.
Other Costs.
PRAECIPE TO WITHDRAW WRIT OF EXECUTION -
MORTGAGE FORECLOSURE
TO THE PROTHONOTARY
Please withdraw and cancel the writ of execution issued in the above-captioned
matter in favor of the Plaintiff.
DATE: July 3, 2008 Signature:
~.
c .Ream, Esquire
eam, Carr, Markey & Woloshin LLP
119 East Market Street
York, PA 17401
Attorney for: Plaintiff
Telephone: 1-717-843-8968
Fax: 1-717-846-b676
E-mail: jream_639@comcast.net
Supreme Court ID No.: 10241
Attorney for Plaintiff
Commerce Bank/Harrisburg, N.A.
:,
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