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HomeMy WebLinkAbout03-5255IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CiVIL DWISION CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, PAUL C. KEIFER, SR. and TtLISHA L. KEIFER, Defendants. TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drive Columbus, OH 43219 AND THE DEFENDANTS IS: 863 Bumthouse Road Carlisle, PA 17013 TYPE OF PLEADING: CiVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 863 Bumthouse Road Dickinson, PA (CITY, BORO, frOWNSbl~.~ (WARD) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CWIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: VS. PAUL C. KEIFER, SR. and TRISHA L. KE~ER, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (800)990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CWIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 0't --- ..¢295 Plaintiff, VS. PAUL C. KEIFER, SR. and TRISHA L. KEIFER, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Chase Manhattan Mortgage Corporation, by its attomeys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiffis Chase Manhattan Mortgage Corporation, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219. 2. The Defendants, Paul C. Keifer, Sr. and Trisha L. Keifer, are individuals whose last known address is 863 Bumthouse Road, Carlisle, Pennsylvania 17013. 3. On or about September 24, 2001, Defendants executed a Note in favor of Mortgage America, Inc. in the original principal amount of $125,910.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about September 24, 2001, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Mortgage America, Inc. a Mortgage in the original principal amount of $125,910.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on October 1, 2001, at Mortgage Book Volume 1734, Page 2693. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Mortgage America, Inc. assigned all of its right, title and interest in and to aforesaid Note and Mortgage to Plaintiffpursuant to a certain Assignment of Mortgage recorded in the Office of the Recorder of Deeds of Cumberland County on February 8, 2002, at Mortgage Book Volume 684, Page 2921. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the May 1, 2003 payment. 8. Plaintiff was not required to send Defendants written notice pursuant to 35 P.S. § 1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title 1I of the National Housing Act (12U.S.C. §§1707-1715z-18) [35 P.S. §1680.401C(a) (3)]. 9. Plaintiff was not required to send Defendants written notice of Plaintiff's intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S. § 101 and Defendants are not "residential mortgage debtors" as defined in 41 P.S. § 101. 10. The amount due and owing Plaintiffby Defendants is as follows: Principal Interest to 9/22/03 Late Charges to 9/22/03 Escrow Deficiency to 9/22/03 Corporate Advances Attorney's fees Title Search, Foreclosure and Execution Costs $123,716.08 $ 3,813.30 $ 161.08 $ 946.66 $ 111.83 $ 1,250.00 $ 2,500.00 TOTAL $132,498.95 WHEREFORE, Plaintiffdemands judgment in mortgage foreclosure for the amount due of $132,498.95 with interest thereon at the rate of $22.03 per diem from September 22, 2003, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: GRENEN & BIRSIC, P.C. Kri~tin-~M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Exhibit "A" MuRJstnte ]fORTG~GE AMERICA NOTE ~018 end its succes~ Md assigns. 2. BORROWER'S FROM]SE TO FAY; INTE'I~ST In re~m-n for n loan feceive~ f~u~ Lender, Borrower p~ to pay the pdncit~l sum of O~e ~4z'q~l ~r~amt}' lgiv~ Th~s~d ~l;T.n(a ~d Te~, ~d 00/100 Doll~ (U.S. $ $2z5,01o. 0 o ), plus ~.,,,~t, to the o~det of Lend~. Inm-wt will b~ ~ on unpaid from the da~e of d~,b~r,~m~en_ t Of the lo'm~ ln'ocem~ by L~--,~,',', at 'h," cafe of a~t. ~ p~-c~t ( s.soooo %) pet ye~ smttl ~he fult am~m of prineil~l has be~ I~id. 3. FROMI~E TO FAY I~r~'s pfon~se to pay i5 sec~d by a m0~t~, __a,~._ of txu~ ~r s~nfl~ sec~ty in~mun~ U~ is ~ ~e ~ d~ as this NO~ ~ called ~e 'Secu~y lusmtm,..~.' The SecuflP/[us~une~ ptot.'c~ ',he Lend~ ~ l~se~ which m~t t~csult if 4. MANNER OF PAYMENT ~ Xst , 2001 .~y~t~;~~y~ ~to~r 1st ~)~ ~~ 1405 ~, ~m~ C~ot ~1~., ~te. S1 ~, ~A ~m~0~ or~p~~d~~ (~ ~t 5. }O~'S ~G~ TO~AY ~ of ~y ~. I ~aer ~h,]l ~ ~t OU ~ da~ ~ ~ ~ pays ~t~ ~ ~ ~ p~ ~r p~ ~, ~ ~ ~ ~ ~ ~e ~ ~e or ~ ~ ~ of ~y ~ ~ [~ ~ ~ ', 6, i~{~RROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payment~ If Lender has not received the full monthly payrnent required by the Security instrument, as descnbed in Paragraph 4(C) o¥ this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent ( 4. 00000 %) of the overdue amount of each payment. (B) Default If Borruwet defaults by fallng to pay tn full .a~y mo.nthly payment, then Lender may, exert as lumted by regulauoa_s of the Secreta~ in the case of payment defaults, reqmre immedtate payment in full of the prinotpal balance remaining due and all accrued interest. Lender may choose not to exerctse this opUun wtthout waiving its fights in the event of any subsequent default. In many circun~tances ~egulatinns tssued by the seeretary wtll llmtt Lender's rights to require tmmedmte payment in full m the case of payment defaults. This Note does not authorize acceleration when not permitted by HHD regulations As used tn this Note, ~seeretary" means the Secratary of Housing and Urban Development or his or her designee (C) Payment of Costs and Expenses If Leader has requtred ~nmadiate payment in full, as described above, Lender may require Borrower to pay costs and expenses iocluding reasonable and enstoma~ attorneys' fees for enforcing thzs Note to the extent not prohthited by applicable law. Such fees and cost~ shall bea~ interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations unde~ this Note wave the rights of presentment end notice of dishonor. 'Presentment" means the right to require Lender to demand payment of amounts due. 'Notice of dishonor' means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requu'es a different method, any not~ce that must be given to Borrower under this Note will be given by dehvermg it or by mailing It by first class mini to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mini to Lender at the address stated m Paragraph 4(B) or at a different addru~ if Borrower ts given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep ail of the pmtmsea made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, meindmg the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made tn this Note. Lender may eaforce its rights under this Note against each per:ion individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained m this Note. (Se, d) -Borrower (Se~) (Seal) (Se~) (see~) (S~) -Bon-ower (Seal) Exhibit "B" 09/~3/2001 23:13 FAX $10439163 parcel Number: C~m~ of pm~cylvanta ~IORTGAGE AJ~RI CA POgERT r. ~IcuLR RECORDER ~,F DEEDS Cii~BE~L~,Ng COUNTY-.PA MORTGAGE TI-IlS MORTGAGE (",~cu~i~ Ins~ai") is givm on Septe~bJ~ 34th, 2001 The Mortgagor Is BKI73 PG2693 ~ORTGAGE MIER[CA c, mmmu. Am~ County, Penn~lvmie: 8X 173qP~269~ Lender may, at any time, collect and hold amounts for Escrow Items m an aggregate amount not to exceed the maximum amount that ma)' be required for Borcower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and ur~plementmg regulations, 24 CFR Pan 3500, as they may be amended from time to time ("RESPA"), except that the cushion or re,rye permitted by RESPA for unanticipated dtsbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. if the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as requtred by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument If Borrower tenders to Lender the full payment of ali such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium instaifu~.ent that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credlled with any balance remaining for all installments for items (a). (b). and (c). 3. Appliealion of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows' First, to ~he mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fu-e, flood and other hazard insurance premiums, as required, Third, to interest due under the Note; Fourth, to amortization of the pnncipal of the Note; and Fifth. ~ late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all ~mprovements on the Property, whether now in existence or subsequently ereaed, against any h,xzards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires Borrower shall also insure ail improveraents on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be camed with companies approved by Lender The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the evem of loss, Borrower shall give Lender unmediate notice by mail Lender may make proof of loss If not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss d~rectly to Lender, instead of to Borrower and to Lender jointly. All or any pan of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied m the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Pwperty Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are refer/ed to in paragraph 2, or change the amount of such payments Any excess insurance proceeds over an amount requlrod to pay all outstanding indebtedness under the Note and this Security lnstnm~nt shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of t~tle to the Property that extinguishes the mdabtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. BI( 1731 P1 2695 S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Applicotion; Leaseholds. Borrower shall occupy, establish, and usc the Property as Borrower's principal residence within sixty days after the execution of this Security lnstrumenl (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's pnncipal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuatrug c~reumstances exist which are beyond Borrower's control. Borrower shall unufy Lender of any extenuating circumstances. Borrower shall not comunt waste or destroy, damage or substanttally change the Properly or allow she Properly to deteriorate, reasonable wear and tear excepted. Lender may respect thc Property if thc Property is vacan~t or abandoned or ~he loan is tn default Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application proceas, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any mater~al information) in connection wtth the loan evidenced by the Note, including, but not limited w, representations concerning Borrower's occupancy of the Property as a principal residence, if this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee t~fle to the Properly, the leasehold and fee tire shall not be merged unless Lender agrees to the merger tn writing. 6. Condenmatinn. The proceeds of any award or claim for damages, du'ect or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby asslgnsd and shall be paid to Lender to the extent of the full amount of lhe indebtedness that remains unpaid under the Note and th~s Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied m the order provtded in paragraph 3, and then to prepayment of principal. Any appbcation of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding mdebtedness under the Note and this Security Instroment shall be paid to thc enlaty legally entered thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included m paragraph 2. Borrower shall pay these obligattuns on tirae threctly to the entity which ts owed the payment. If fatlure to pay would adversely affect Lender's mterest in the Properly, upon Lender's request Borrower shall promptly furnish to Lender recerpts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fads to perform any other covenants and agreements contained m this Security instrument, or there is a legal prnoecdmg that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condentuation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including paymem of taxes, hazard insurance and other items mentioned in paragraph 2 Any amounts thshursed by Lender under this paragraph shall become an add~rional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the opuon of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security lnsmunent unleas Borrower: (a) agrees in writing to the payment of the obhgatinn secured by the lien m a manner acceptable to Lender; contests in good fatth the lien by, or defends agmnst enforcement of the lien in, legal proceedings winch in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement sansfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property ~s subject to a lien which may attain priority over th~s Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the hen or take one or more of the actions set forth 8. Fees, Lender may collec~ fees and ch~ge~ authorized 55' the Sec~ery. 9. Grounds for Acecieration of DebL (a) De~auR. Le~der may, except l~ limRed by regulalious issued by the Secr~ary, i~ the case of paymem defaults, require immnediate paymen! in full of all sur~ secured by thts Securi~ty Instrument if: (i) Bor~owe~ defaults by failing to pay m full any monthly payn~nt requLred by this Security [u~tsum~t prior to or on the due date of the next monthly payment, or (ii) Bo~rower defaultS by faiiin{, for a period of thtrty days, to perform any other obligations contained ia this Sec~ty iastmu~t. lb) Sale Without Credit Approval. Leud~' shall, if pen-niued by applicable law (including S~:tiou 341(d) of ,.he Gara-SL Genua~a D~sitory lustin{t~ous Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior apparel of the S~ary, require imm~tiate payment ia full of all sums secured by this Sccusi~y insu~ument ii:: (i) Ali ut pa~t of the Property, c,r a ber~ii¢ial interest ia a trust owning all or part of the Progeny, is sold or otherwise transferred Io~er than by d~vist or descent), al~d (il) The Ptopet~ is noi oecupled by the purchaser or grantee as his or her principal restdence, or the pnrcha~r or grantl~ doL~ $o O~UDy the P~operly but his or her credit bas not been appu>ved in accordauc~ with the reqmremeots of the Solitary. (¢) No Waiver. If circumstances occur that would permit Lendex to requl~ iim'aediare pay,smoot in full, but Lender does not requl~ such paymsnta, Lender does out waive its right~ with respect to subsequent events. id) Regulations of HUD Se~tetary. ]in iu~y circumstances regulauons issued by the Secretary wLll limit Leader's rights, m the ca~ of paym~t d~faults, to require immediate payment ia full and foreclose {f not paid This SecurRy ~situllle~t does ,not authorize acceleration or foreclosure if not permitted by regulaiions of the Secretary. {e) Mortgage Not Insured. Borrower agregs that if ~is Security l~trutr~ut and the Note axe Rot detem~.iaed to be eligible for insurance under the N~onai Housing Act within 60 days from the date hereoL Lender may, at ica opuun, require immediate payment in full of all sums secured by ~is Secumy Instrument, A written s~e, ment of any authorized agVat of thc Secretary dated subsequvat to 60 days from the date hereof, ~eclining to insure this Security lustsument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Leader when the u~availabtiay of ~urance is solely due to Lender's failure to rectal a mortg~e insurance premium to the 10. Reinstatement. Borrower has a right to be reinstated if Louder Iaaa requi~ immediate payment ia full becau~ of Borrower's failure to pay an amount due ureter the Note or this Security Inztnunent. This righl apphes even after foreclosure proceedings are instituted. To reinstate the S~curity lnstrun~nt, Borrower shall ~ader ia a lulwp sum all amouma requh'ed to t~riug Borcower's account current maluding, to the extem they are obliga~iou~ of BOrrower ultdet this Security lnstrameut, foreclosure cos~s and reasonable and custor~a~y attorneys' fees and expenses properly aa~,¢latcd with the foreclosure proceedlRg. Upon reiuslalerneut by Borrower, this ~rity fus~ and the obitganons that it secures shall re,au~ in effect as if Leader h~ not required tmm~ult~ payment in full. However, Lender is not reqmred to permit reias~alemsnt ,f: (0 Leader lots accepted teiaslatera~at al2er the corm~ncemeut of fottx:losure proeec'dings within two yea~ inLq~dlately preceding the co~meut of a ~uffent foreclosure proceeding, (ii) reinstattuarat will preclude foreclosure ua dLfferem grounds iu the fUture, or (iii} remstaterc~ra will adve~eiy affeet the priority of the lien ereated by this Security IustrumeuL BK173b, Pg2697 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or mod~fica~ien of amortization of the sums secured by th~s Security lnstmmem granted by Lender to any successor in interest of Borrower shall not operate to release the liab~hty of the original Borrower or Borrower's successor in interest Lender shall not be required to commence proceedings against any successor in mterezt or re~se to extend time for payment or otherwise modify amortization of the sums secured by this SecuriVj Instrument by reason of any demand made by the original Borrower or Borrower's succe~or~ in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Seve~'al Liability; Co-Signers. The covenan~ and agreements of this Security lnsu-ument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(h). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-sxgmng th~s Security Instrument only to mortgage, grant and convey that Borrower's interest m the Property under the terms of this Security lustrumant; (b) is not personally obhgated to pay the sums secured by this Security Instrument; and lc) agrce~ that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations wtth regard to the terr/ls of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be gtven by delivering it or by m~iliflg it by first class roatl unless applicable law requires use of another method. The llottce shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any nottce to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by nottce to Borrower, Any notice provided for in thxs Security In~tnm~ntshall be deemed to have been g~ven to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. Th'ts Security Instrument shall be governed by Federal law and the law of the junsdtction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable taw, such conflict shall not affect other provtsions of this Security Instrument or the Note which can be g~van effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note ase declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this ,'~ecunty Instrument, 16. Hazardous Substances Borrower shall not cause or per/mt the presence, use, disposal, storage, or release of any Hazasdons Substances on or in the Property Borrower shall not do. nor allow anyone else to do, anything affecting the Property that is m violation of any Enwronraental Law. The preceding two sentences shall not apply to the pre~ence, use, or storage on the Property of small quantines of Hazardous Substances that are generally recognized to be appropr/ate to normal residential use~ and to maintenance of the Property. Borrower shall promptly give Lender written notice of any inveztigation, claLm, demand, lawsuit or other antron by any governmental or regulatory agency or private pa~y involving the Property and any Hazardous Substance or Environmental Law of which Borrower ha~ actual knowledge. If Borrower lcan~, or is notified by any governmental or regulatory authority, that any removal or other remed~ation of any Hazardou~ Substances affec~ng thc ProperS* is necessary, Borrower shall promptly take ali necessal~ remedial actions m accordance with Environmental Law. As used in this paragraph 16, ~Hazardous Substances" are those substances defined a~ toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic peLroleum products, toxic pesticidez and herbicides, volatile solvents, materials containing asbestus or formaldehyde. and radioactive materials. As used in this paragraph 16, "Environmental Law~ means federal laws and laws of the jurisdiction where thc Property is located that relate to health, safety or environmental protection. BKI73 P 2698 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfa's to Lender all the rents and revenues of the Property Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive ali rents and revenues of the Properly as tru~ee tot the benefit of Lender and Borrower This assignment of rents constitutes ~m absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Seeun~ Inatmment; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exemismg its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or mmntam the Property before or after giving notice of breach to Borrower. However, Lender or a juthclaily appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lander requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, atloraeys~ fees and costs of title evidence. If the Lender's interest in this Security Inslrament is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudidal power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3?51et seq.) by requesting n foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Seconty Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and saDsfy this Sccuruy Instrument without charge to Borrower. Borrower shall pay any recordation costs 20. Waivers. Borrower, to the extent perrmtted by applicable law, waives and releases any error or defects m proceedings to enforce this Seeunty Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption fwm attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Seeurtty Instrument shall be a purchase money mortgage. 23. Interesl Rate After ,ludgment. Borrower agrees that the interest rate payable after a judgmant is entered on the Note or m an action of mortgage foreclosure shall be the rate payable from tune to tune under the Note. 24. Riders Io this Seeurity Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be Incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument &s if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. [~] Condominium Rider [-"] Growm§ Equity Rider [] Other [specify] [~] Planned Unit Development Rider[~ Graduated Payment Rider B I73 PG2699 BY SIGNING BELOW, Bon'ower accepts and agrees to the terms contained in this Security Instrument and tn any rider(s) executed by Borrower and recorded with it. PAUL C. KEIFER SR -Borrower (Se.a~) (Seal) (seal) ! Cert,~ this to be recorded In Cumberland County PA (Sea~) (Seal) Certificate of Residence (Seal) the within-named Lender is /~'/0~/~/' ~.~z. ~,~' do _be.,reby ce. nify thatl(:7/j//0¢/O ,~/the correct address of Wttness myhand this &(/'_,~ day of Onthis, ~(_/.~ dayof ~~;~Ot0/ ,beforeme, the undersigned oft'icer, personally appeared known to me (or satisfactorily proven) lo be the person whose name subscribed to the within instrument and acknowledged that executed the same for the pulposes herein contained.Vx// IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commissmn Exptres: I/,.A-~D/-/C~/ ] NOTAR AL SEAL ] Tide of Officer - | CampHfllBoro, CumberlandCounly I .-(~::4.."~- CommlffnentNumber; 01392 Flint Amedcan Title Insurance Company 8CHEDUI.F. C PROPERTY DEBCRIPTION The lm~mfefre~tothfft~Commltmentle de~'lbedae follows: ALL THAT CERTAIN trac~ of ~ with the Improvementa thereon erected sllu~te in Dickinson Township, Cumberl~d County, Pennm~nla, bounded and des~'lbed according to a survey of William B. Whlttock,,P.E,, dated O~k~ber 22, 196g, as~lkmm: BEGINNING at mn Iron pin, In Legt~latl~ Route 21034, now kmown as Burnt ~ti~ ~11~ ~m~ M~ R~d, ~i~ I~ ~ ~ ~ 31 d~l 43 minutes ~lne ~ ~M~ ~ 2t~, ~ ~ W~t ~d Yo~ R~, ~ E. Dum; ~en~ M~g ~ Wr, n~ 76 ~ ~ ~n~es ~t, 216.~ ~ ~ an ~ p~; ~ ~ along ~ ~, ~ 31 ~a ~ mln~ ~ 1~.00 ~ to an I~ pin at ~ ~g ~e ~, ~ ~ d~ 12 mlnut~ ~ s~s w~ 217,41 ~t to an ~n pin ~ ~lal~ve ~e 210~ ~ ~ as B~ H~ R~d ~ f~ eo~flm~ ~1~ Bamlt Mill ~: ~ ~g ~ld Burnt Hou~ ~d, n~ 31 d~ ~ mlnu~s w~t. 1~.~ ~t ~ an I~ pin, ~e pla~ ~ BEGINNING. BEI~ i~m~ w~ a s~it ~1 ~ a~ ~me ~llthg and other ~ro~ ~3 Burnt H~ ~, ~le, P~an~. ~7013. UNDER ~D SU~ECT, ~aa, ~ ms~ ~ set ~ in ~d ~k "U", Volu~ ~, pa~ 474. BKI 73L P 270 I (~ 392~01:3~2/2) Verification GHI:FIYL 61:tAV , Assistant Secretary, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint are tree and correct to his information and belief. CHE~{-GFt~ Ass~ant Secretary SHERIFF'S RETURN - REGULAR CASE NO: 2003-05255 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS KEIFER PAUL C SR ET AL DAVID MCKINNEY ,. Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon KEIFER PAUL C SR DEFENDANT , at 1547:00 at 15 SPRING GARDEN EST. CARLISLE, PA 17013 PAUL C KEIFER SR a true and attested copy of the HOURS, on the 31st day of October by handing to COMPLAINT - MORT FORE together with law, , 2003 and at the same time directing His attention to the contents thereof. Additional Comments APPEARS AS THOUGH 863 BURNTHOUSE ROAD IS BEING VACATED. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~-~ day of ~ o20D~ A.D. rothonotary So Answers: R. Thomas Kline 11/03/2003 GRENEN & BIRSIC By: ~'De?~t/~~ REGUI~tR SHERIFF'S RETURN - CASE NO: 2003-05255 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS KEIFER PAUL C SR ET AL DAVID MCKINNEY , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE KEIFER TRISFIA L DEFENDANT , at 2108:00 HOURS, at 24 TRINE AVENUE MT HOLLY SPRINGS, PA 17065 TRISHA KEIFER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 31st day of October , by handing to together with - MORT FORE 2003 and at the same time directing Her attention to the contents thereof. Additional Comments IT APPEARS AS THOUGH 863 BUtANTHOUSE ROAD IS BEING VACATED. Sheriff's Costs: So Answers: Docketing 6.00 Service 8.28 ~'~' Affidavit .00 ' Surcharge 10.00 R. Thomas Kline .00 24.28 11/03/2003 GRENEN & BIRSIC Sworn and Subscribed to before By: me this 3~ day of Deputy Sheriff ~P~ot~onot ary ! 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, VS, Plaintiff, PAUL C. KEIFER, SR. and TR1SHA L. KEIFER, Defendants, CIVIL DIVISION NO,: 03-5255 TYPE OF PLEADING: PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE FILED ON BEHALF OF: Chase Manhattan Mortgage Corporation, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D, # 77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, PAUL C. KEIFER, SR. and TRISHA L. KEIFER, Defendants. CIVIL DIVISION NO.: 03-5255 PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO: PROTHONOTARY SIR: Kindly settle and discontinue without prejudice the above-captioned matter and mark the docket accordingly. BY: GRENEN & BIRSIC, P.C, KrisC s~(~q~d. AnthoW, Esquir~'Xe Attorney for Plaintiff Sworn to and subscribed before me this dayof ~7~ ~(,2003. Notary Public