HomeMy WebLinkAbout03-6435FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQ., Id. No. 12248
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SU1TE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, 1NC.
8201 GREENSBORO DRIVE, SUITE 350
MCLEAN, VA 22102
Plaintiff
CAROLINE M. BOGAR
165 EAST LOUTHER STREET
CARLISLE, PA 17013
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
CUMBERLAND COUNTY
Defendant(s)
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the 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
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
File #: 84421
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF
THE DEBT OR ANY PORTION THEREOF. IF
DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO
BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
SEND DEFENDANT(S) THE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR, IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT
UNTIL THE END OF THE THIRTY (30) DAY
PERIOD FOLLOWING FIRST CONTACT WITH
YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES
THAT YOUR ANSWER TO THIS COMPLAINT IS
TO BE FILED IN THIS ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY
(30) DAYS AFTER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND
RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN
ACTION TO ENFORECE A LIEN ON REAL
ESTATE.
File #: 84421
Plaintiff is
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, 1NC.
8201 GREENSBORO DRIVE, SUITE 350
MCLEAN, VA 22102
The name(s) and last known address(es) of the Defendant(s) are:
CAROLINE M. BOGAR
165 EAST LOUTHER STREET
CARLISLE, PA 17013
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 06/15/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to CHASE MANHATTAN MORTGAGE CORPORATION which
mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in
Mortgage Book No. 1550, Page 202. By Assignment of Mortgage recorded 8/29/02 the
mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of
Mortgage Book No. 689, Page 4047.
The premises subject to said mortgage is described as attached.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 08/01/2003 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File#: 84421
The following amounts are due on the mortgage:
Principal Balance
Interest
07/01/2003 through 12/11/2003
(Per Diem $30.98)
Attomey's Fees
Cumulative Late Charges
06/15/1999 to 12/11/2003
Cost of Suit and Title Search
Subtotal
$153,299.32
5,080.72
1,225.00
233.27
$ 550.00
$160,388.31
Escrow
Credit 0.00
Deficit 506.65
Subtotal $ 506.65
TOTAL $160,894.96
The attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's
Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be
charged.
Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$160,894.96, together with interest from 12/11/2003 at the rate of $30.98 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
By:
FEDERMAN AND PHELAN, ,LLP
/s/Francis S. Hallinan
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File#: 84421
/ ? MORTGAGE
THIS MORTOAOE ("Security Instrument") is given on
The mortgagor is
CAROLINE [4 BOGAR, ~IED
AND CORRECT COPY OF ·
THE ORIGINAL..
17900042
1179000428
June 15, 1999
This Se~urlty Instrument is given to
CHASE MANHATTAN MORTGAGE CORPORATION
which is o~anized ami ~xisdng u~er tho law~ of the State of New Jersey , ami wl~o~e a44r~s is
343 THORNALL ST EDISON, NJ 08837 ('Lender").
Borrower owes Lender the principal sum of
One Hundred Sixty-one Thousand, One Hundred and 00/100 Pollers
(U.S. $ 161,100.00 ). This dcht is evidenced by Borrower's note dele4 the same (late as this Security
Instrument ('Not~"), which provides for momhiy payments, with the foil debt, if not paid earlier, due en4 paFahle on
July 1, 2029 . This S~curity Instalment secu~ iD Lender: (a) the repayment of thc debl
evidenced by thc Note, with intereil, and all nm~vals, extenaio=s end modifications of the NoteI fo) the peyment of ail other
sums, with interest, advsnced under Par~raph ? to project the ~;curity of this Seen~ity In$immem; and (c) the perfommnce of
Borrower's ~ovenams and agr~me~ls under dtis S~cufity [nsu%unent and the Note. For this purpose, Borrower goes he~'by
mortgage, grant and convey to Leader the following descril~d properly Iocaied in
CUMBERLAND County, pe~lsylvani~:
See At~ached Legal Description
whic~ has the address of
165 E IX)UTHER ST, CARDISLE, PA 17013
TOGETHER W~H ~1 ~e ~mv~ts now or hc~er er~ en ~e pro.ny,
~ fixings now or h~ a p~ of the pro.ny. All ~]ac~ ~ ~ditio~ ~1
lmtm~nt. All of ~e foregoing is ~fe~ to in this ~rity lnstm~ ~ the "Prope~."
BORROWER COV~NA~ th~ Bo~wer is law.fly ~is~ of ~e ~tate ~by ~nvey~ ~ h~ &e fight to
w~ls ~ w~ll def~ g~rMly ~e title to ~e P~rty ag~ ~I cla~ ~d d~ds, subj~t to ~y ~ of
THIS S~UR~ IN~UME~ ~n~s ~ifo~ ~v~ for ~o~ use ~ non-u~ fo~ coven~
UNIDORM COVENA~S. Bo~ower ~ ~er ~v~t ~d ag~ ~ follows:
P~NNSYLYANIA-,~IHGLE FAMILy-FNMAIFHLMC UNIFORM INSTRUMENT
Z. F~nds for Taxes and Insura.j~e. Subject ~.o applicable law or to a written ~....,'~r by Lender, Borrower gull pa)'
~o Leniter on the day monthly payments are due under ~hn Note, midi thc No~e is paid in full a ~un ('Funds') for: (a) yesriy
taxes and assessments which :may attain priority over this Sccllrity hlstmnlent as a lien on the Prop~y~ (b) yearly lcsaelloid
payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance
premiums. If any; (e) yearly mortgage insurance premiunu, if any; and (~ any sums payable by Borrower. to Lender, in
accordpnce with thc provisions of parasraph I~, in lieu of the payment of rnongase insurance premiums. These items are called
Proeedurel Act of 1~4 as ame~led from time lO time, 12 U,S.C. §1601 et sq. ('RESPA'), unlass smother law that appile~ to
(including Lender, if Lender is such an insthatinn) or in any Fodemi Home Loan Bank. Lcmicr shall apply the Funds to pay
If the Funds held by Lender excce4 the amounts permitted to be held by applicable law, Lender shall account to
in writing to ~ payment of the obligation secured by thc lien in a manz~r acceptable ~o Lender; (b) c~ntoats in good faith thc
Property or otherwise materially impair the lien created by this Sceurity In.~thment or Lander's ~curity inthreat. Borrow~ may
cure such a defaull and reinstate, aa provided ia Paragraph 18, by causing the action or proceeding to be dismissed with a ruling
that, in Lender's good faith determination, i:reciudeS forfeiro~ of thc Borrower's interest in thc Property or other
impairment of the lien created by tiffs Security lnatnlraem or Lender'h seaa'ity, int~mat. 13oreower abail also be In default if
Borrower, during the loan application procea~, gave materially fahe or ina~ugato information et atnteftxents to Leader (or failed
to provide Lender with any material information) in connection with the loan evidenced by the Note. including, but not limited
to, repre~anttion~ concerning Borrower's occupancy of the propaxly a~ a principal residence. If this Security in~tmmeth is on
a leasshold, Borrower shall comply with ail the proviaiova of the lea~e, if Borrower acquire~ fee title to the Property, the
iea~shold and the f~e title abull not merge unless Lender agrees to the rt~tger |n writing.
?, Protection of Lender's nxght~ tn th~ Property. If Borrower falls to perfotTa the anvanant~ and agreenxeats
contained in this Security Inatrameat, or there Is a legal proceeding that n~qy significantly a~fect Lemier'$ rt~ht~ in ~h~ Pwpe~y
(such aa a proceeding in banktuptey, probate, tbr condenmation or forfeiture or to enforca laws or regulations), than Leader may
do and pay for whatever ia noc~xy to pwtcct the value of the Property and Londer'~ rights in tho Pro~y, Lander's actium
rosy ioclmie paying ally anita secured by a lien which has priority over the Security foatmmeat, appearing in court, paying
reaannable atthmeya' fees and enatedag on the Property to ra._ake repairs. Although Lande~ may take action under this Paragraph
7, L~mier don not have to do an. Any anloants disbursed by l.~lder ullder this Paragraph 7 shall becothe additinnal debt of
Borrower secured by this Security foatrumenl. Unless Borrower and Lender agree to other terms of paymeat, the~e amounts
shall bear inrereat from the dato of disburacn~t at the Note rate and shall be payable, with integeat, upon notior~ from Le~der
to Borrower requesting payroxnt.
8, Mortgage Insurance. If Lender requlr0d mortgage inanranc~ ss a condition of making ~he loan secured by'this
Security inatrun~nt, Borrower shall pay the p:atninma required to maintain the mortgage inanran~ in effect. If, for any rr~ann,
the merxgage insurance covet'age requL'~d by Lender lapses or cessna to be in effect, Borrower dlaii pay the premiums requited
to obtain coverage substantially eqnivaiant to the mortgage insurance previously in effeet, at a cent SUbstantially equivalent to the
cost to Borrower of the mert~age Insurance ptevinu~ly in effect, from an eit~-rkate mortgage imur~ approved hy Lend~, If
sub.aerially equivalent mot~ago insurance c~verage i~ not available, Borrower shall pay to Lond~ each inonth n ~a equal to
eon-twelfth of the yearly mortgage insurance premium butng paid by Borrower when the insurovce/:overage inp~d er
to be in effect. Lender will accept, u~ and rethin tbe~e payments aa a io~ reaen~e in lieu of mortgage insurance. Lees reacrve
paymants may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period
that Leader require) provided by an io~urer approved by Lender again becomes available and ia obtained. Borrower ~all pay
the premiums required to melanin mortgage ln~uronce in effect, or to provide a less r~rve, Uatil the requiremant for mortgage
insurance ands in accordance with any writterz agr~r~nt between Borrower and Leader or appllcab]e law.
9. Inspection. Lender or its agent amy make re~oonbin eotrie~ upon and ~paatinns of the Pwpaay. Lender ~hail
give Borrower notice at the tim~ of or prior to an inspection specifying roasonahie cause for th~ in~eetlon,
10. Condemnation. The proceeds of any award or claim for damages, direct or conaequantlei, la connection with any
condemnation or other taking of any part of the property, or for conveyance in lieu of cond~anation, are hereby aml~led and
shall be paid to Lender.
In the event of n total taking of the. Propmy, the plOCeede ~hail be applied to the ~attn~ secured by this Security
testament, whe~ber or not thcs du~, with ally cxcr~$ paid to Borrower, In the event of a partial taking of the property in which
the fair market value of the praperty immediately before the taking is equal to or greater than the amount of the alum
by this Security Instrument immediately before th~ taking, unle~ Borrower and Lender ether'wise agree in writing, th~ ~
~ecured by this Security instrument shall be reduced by tho amount of tho plX)cceds roolt/plied by the following fra~inn: (a) the
total amonnl of the tmm~ secured imm~diately ~efore the taking, divided by (b) the fair market vaice of the Property immediately
before the taking. Any balance shah be paid to Borrower. In the ~veat of a partial taking of the Property in which the fair
market wine of the Prop~ty imo~dhtely before the taking is less than the amount of the sum~ secured immediacy before the
taking, unless Borrower and Leader otherwisa agree in writing elf unless applicable law othetwiec provides, the proceed!
be applied re the ~ secured by this Security Instalment whether or not the sutr~ are then du~.
If the Property is abandoned by Borrower. or if, after notic~ by Lender to Borrower that the conderaonr offers to make
an award or settle a claim fo~ damage~, Botrawer fails to reapomi to Lender within 30 days at~r the date the notice is given,
Lender ia authertzed to collect and apply the gwceed~, at its option, either to renteratton or repair of tbe proper~ or to tbu sutce
secured by this Security Icetrument, whether er not th~n due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall ant extend or
postpone the due date of the monthly payro~qts refea, red ~o in Paragraphs I and 2 or change tho amount of such payments.
11. Borrow~ Not Released; Fo~haaranea by L~ml~ Not u Waiver. Extension of the ~ for paym~t or
modlflc4~ton of amortization of the anma ~cured by this Security Inatn.rn~n! granted by Lender to any aucce~ot in iotereat Of
Borrower shall not operate to release the liability of th~ origthai Borrower or Borrower's anacea~or~ in in,erst, Land~ shall
not be requited to commence proceedings age,gnat any successor in tnteroat or refu~ to extend tin~ for payment or otherwit~
modify amortization of the auras ~anured by this Security In~truraent by reaann of any demand made by the original Borrower
or Berrower'a succe~rors in interest. Any fotbearance by Lender in exercising any right or remedy shall not be a waiver of or
preclude the ~xerei~e of any right or ten.dy.
12. Suece~oro and A~ign* Bound; Joint and Several Liabilityi Co-Signers. The covenant~ and agrecmca~ of this
Security lr~tromeot shall bind and benefit tho aucccesors sad assigns of Lender and Borrower. subject to fha provisinm of
Paragraph 17. Borrower's coveaaots and agree, meets shall be ~oint and several. Any Borrower who co-signn this Security
Instrument but does not execute the Note: (ai~ is co-signing thin Security l~tmmeat ohiy to mortgage, grant and convey thet
Borrower'a interest in the Prope~y under the ~ of this Sectedty Insmunent; Co) is not personally obligated to pay the mrm
secured by this Security Instrument; and (c) allree~ that Lender and any other Borrower may agr~-d to extend, modify, forbear
or make any accommodations with regard to the term~ of this Security Inatrunger or the Note without the Boranwer'a
13. Loan Charger. If the loan a~:~ecl hy this Security Instrument is ~ubject to a law which ~eta maxiraom loan
charges, and that law is finally interpreted so ~xat the in,erst or other loan charge* collected or to be collected in oera~ction with
the loan exceed the perm/ired limit~, then: (a) any such inan charge abail be reduced by the an~onnt necessary to reduce the charge
to the perm/tied limit; and (b) any sums airca:iy collected from Borrower which exceeded permitted limits will be refunded Io
Borrower. Lender may choose to wake thit refund by reducing the principal owed under the No~e or by making n direct
payment to Berwwer. If a refund tqduces principa/, the reduction will bg treated a~ a partial prepayment without any prepayment
charge under the Note.
14. Notices. Any noiice to B~}~ provided fgr in this $/~v~ Ins~ntm~nt ~dl be given by delivertng'i~ or ~
mailing it by first class mail unless applicable law reqnl~ use of another rl~hod. Thc notice sh~l be directed in the lh'ope~
Address or any o~ber addr~s Borrower delignatce by notice to Lender. Any notice to Lender shsll be g|vco by first ciasa
to Lender's address stated herein or any other address Lender dealgnste~ by no/ice to Borrower. Auy notice provided for in this
Security Instmmcot shall be deemed m hew been given to Borrower or Lchder when given u provided in this para~'aph.
15, Governing/,aw; Seve~ablll/.~, This Security Instrument shall be governed by federal law a~d the law of the
jurisdiction in which the Properly is incate~L In the event that any provision or clause of ~ SecnsRy Instremaa or th~ Note
conflicts with applicable law, such conflict shall rot affect other provisions of lhis Secorlty Imu'um~ or the Note which can
be given effec~ without the conflicting provision, To this end the provisions of this Security Instrument and ~ Note are d~latad
m be severable.
1t, Borrower's Copy, Borrower shall be ~ivco one conform~ copy of the Note and of this Security Inatremem.
17. Trlmsfer of the Property or ~t Bene/Idal Interest in Borrower. If all or any pm of the Prop~ or any th~rcet
in it is ecid or tiansferred (or if a beneficial Interest in Borrower is auld or transferred and Borrower is not a natural person)
without Lender's prior written consent, Lerater may, at/ts option, require immediate peymcot in foil of all sums secured by this
Security lnstremcot. However, this option ~all not be exercised by Lcoder if exercise is prohibited by federal law as of thc date
of ibis Security Instrument.
If Lender exereises this option, L~nder shall give Borrower notice of acceleration. 'I~ notice sltali provide a prated
of not less than 30 days from the date the t~Jti~c is delivered or nndted within which Bnsrowcr must pa)' alt sunm secured by this
Security InstrumcoL If Borrowec fails to l~y these sums prior to the expiration of this period, Lender may invoke any remedies
permlt~d by this Security Inatt~ without futlher notice or demand on Borrower.
18. Borrower*s Right to Rainatlttu, I~ Borrower meets certain conditions, Borrowns shall have the right to bevc
coforecraent of this Security Instenrocot ditoondnued at any thnc prio~ to the earlier o~; ts) ~ days (or such other purled as
applicable law may specify for reinstatente~0 before sale of the Property purmmnt to any power of sale contained in this Security
lnstntrnentl or (b) entI~ Of a jud~lllcot enforcin~ 0Ils Security ins~nleat, Those conditions are that Borrower: (a) pays Lender
all sums which then would be due under th~$ Security lnsrtunlcot and the Note as if no ascelcretion had ocoun'ed; (b) cutes any
default of coy other cove~mts or agrcentonl ~; (c) pays all expenses hicun~d In enforcing this Secll~ity Inatrmncot, including, but
not lhnited to, renannabl¢ attorneys' fees; lind (d) tekns such action as Lender may reasonably reqnlr~ to assu~ that the tisn
this Secotity Instrument, Lender's rights i:t the Properly and Borrower's obligation to pay the minis secured by this Security
Instnimcot shall continue unchanged. Upon rehiatate~'aent by Borrowc~, this Security InsUunlcot and ~ obligutions sccutad
hereby abali remain folly effective as if no acceleratinn had occurred. However, this right to reinstate shall not spply in the case
of acceleration under Paragraph 17.
1~. Sale of Noinl Chan~e of Loan Servicer, Thc Note or a partial intercat th the Note (together with this Security
Iralr~mcot) may be sold one or more times without prior notice to Borrower, A sale may rnstdt th a chco~ In the entity (known
as the 'Loan Servicer') that collects monthly paymcot s due under the Note ired this Security instrumcot. 'fhasc also may be one
or more changes et' the Loan Servicer unrelated to a sale of thc Note. If there lsa changu o~ thc Loan Servicer, Borrower will
be given wrthco notice of thc chengc in ac~:*rdance with Paragrsph 14 abeve and appticabic law, l~cnnticewillstetetbename
and address of the new Loan Servicer and thc address to which payments should be made. The notice will also contain any other
information required by applicable inw.
20, Hazardom Subsinncos. Borrower shall not cause or permit the prescnce, use, dispoasl, atoreic, or release of any
Hazardous Subatance~ on or in the Propet~y, Borrower shall not do, nor allow an}one eisc to do, anything affecting the Property
that Is in vinlstion of any Enviionmcotai I~ w. The preceding two sentences shall not apply to thc prceence, usc, or steragu on
thc Property of enroll quantities of Hazerdi~us ~bsta~ces that are 8enendly rccogulzed to be apprapfiete to nonnsl residential
uses and to malntet~ce of the Property.
Borrower shall promptly 8ire Lender written notice of any investigation, claim, denumd, lawsuit or other settee 5y any
govenm-,ennd or regulatory a~c~cy or private psi'ty tnvolvthg the Property and any Hazardous Sut~tence or Bovirenolental Law
of which Borrower has actual knowtedgc, [f Borrower leirns, or is noflflad by any go¥crnmennd or re~tiatoi~ authority, that
any retuovei or other re311edintinn of any lti~zardous Substance it f~ttng tho Property is necessary, Botrow~r sh~l promptly take
all necessary remedial action~ In accordance with Bovironmcnta] Law.
As used In this Paragraph 20, 'Nltza~dous Subetanccs' arc those substances defined as toxic or hazardous subelanccs
by .F. ovirnoroennd I~w and the foilowin~ substancce: gasoline, kerosene, other tlammshlc or toxic petroleum preducts, toxic
peatinidas and herbicides, volatile solvents, nuderinis containing asbestos or formaldshyde, and radioactive roatertals. As used
in this pasagreph 20, 'Bovirolvacond Law'* means faderal laws and laws of thc ]uriadiction where the Properly is locatad that
· relate to health, safety or covironmentel protectlno,
NON-UNIFOR~ COVENANTS. Bonower amd Lender furthsr covenant ~ agr~ ns follows:
21, Acc~deratthn~ Rerandias, L~nder shall give notice to Borrower prior to ncee~eentinn following Borrower's
PIiNNSYLVANIA~INGLE FAMILy-FNMA/!-'HLMC UNIFORM INSTRUMENT
2,5, Purchase Money Mortgage; /fa. ny of the debt secured-by thts Security Insu,.,a~nt ~a {eat to Bor~ower fo ac~ ire
title w'the prope~y, this Securtty lnatru~mt ahall be a purchase mon~y mortgage.
26, Interest Rate Afl~' Judgment, Borrower agrees that the intent rate payable a~er a judgmen~ ia entered aP the
Note or in an action of mon§ase foreclosure shall be the rate payable from.dine-to time undo' the Note.
17. Rlder~ to this Security Instrument, If on~ or rn~re riders,ore executed by Baa'ewer and recorded Iogethm- with
this Security Instrument, the covenar~s a~d agreen~ents of each such rider shall be incoqx)rated into and shall amend and
supplement the covenams and agreements of this .~curity Insm.u~ent se if thc ride~s) were a part of this Security Inatmm~t.
The I"ollowin~ riders are ab.~ached:
' NO R'rDER$,ATTACHBD
and in any alder(s) executed by Borrower and reunrd~d with-- -- [ ] ~ ~-~%..~i~ ¥ ] ] ! ~] ~-~.~
Witne~es:
COMMONWEALTH OP PENNSYLVANtA,
On this, the 1B~h
CAROLINE M BO~AR, MARRIED
CUMBERlaND County
dayof June, 1999 , before
the undersigned officer, ~r~n~ly
· ; known to me (or aatiaf~orlly
proven) to be the pe~ann(a) who~e namers) mbsc, fibed to the within [hat. meat and acknowledged that they ~ed the same
for the puq~oses herei~ contahed,
IN WITNE.~ WHEREON, ! heret ate set my hsnd ami official seal. ~ ~
My Commiaalun exptrea: /)o¢,a-r~
] M~Comm~ms~4m ~ | CERTIFICATE OF RESIDENCE
151:h day of .tune' 1999
~J
cmznzsn~ , p~
June 1~i 1999 i
'165 E LOUTHER ST,:I CARLISLE, PA 17013
1. BORROWER'S PROMISE ~ PA~k'
', 17900042
~ 1179000428
In renum for a 16an ~et ! have ~,~ved. I promise to ~y U.S, $ 161, 100. 0 0
One Hundred Sixty-~e Thousand, One H~dred and 00/100
(th~ ~unt is ~1~ "princi~"), plus inte~, to ~e o~er of the ~nd~. ~e ~der ts
~SE ~TT~ MORTGAGE ~R~TION
a~mtiono~exlstingu~ ~elawsof the State of New Jersey
1 und~s~d ~m ~ ~ ~y tr~sf~ {his No~. ~ ~d~ or ~yone who ~ ~h[s N~e by ~sfer ~d who is ~dtl~ to
of Seven and Three-Eighths percent
~e ime~st rote ~uir~ by ~is ~lon 2 is t~ rote ] will pay ~ ~fo~ nnd a~er ~y d~ult de~rl~ In S~on 6~)
3. PAY~S
(A) ~ ~d ~a~ 0f ~ts
I will pay p~l~l ~ In.st by ~ng p~n~ eveU ~nth.
lw~ll~emy~n~lypny~onthe~t~yof~nth~g~ngon Au~st 1, 1999
[ win ~e th~ pa~n~ ~ ~n~ um~l I have p~ nil of the prln~p~ ~d tnter~ ~d ~y oth~ charg~ ~rib~ ~low that
July 1, 2029 . [ sdlt owe ~unts under ~his Note. I will pay those ~ounts tn full on ~at date,
~ will ~ my ~n~ly payers at 200 OLD WI LSON BR I DGE ~
or~tsd}ffe~tp[~W~ui~by~No~Ho[der. COLEUS, OH 43085
~) Amount of Mon~ly
One Thousand, One Hundred Twelve and 68/100
4. BO~O~R'S ~G~ ~ P~PAY
1 ~ve t~ fight to ~e payers of pHnclp~ at ~y ti~ ~hm they ~e due. A ~y~ of princlp~ o~y ~ ~m~n ~ a
I may m~ a hi] pr~ay~ or pa~itl pr~ay~cs whh~t ~y~g any ~ym~l ~arge.. ~ Note Ho[~ will ~ ~l of
S. ~AN CHARG~
Ifa law, ~ch ~lies to this lo~ ~d which s~s ~imum 1~ ~i~, is fin~ly inte~/~ so thal the ~ or o~
chics ~]l~s~ or {o ~ ~Jl~ in ~nm~ion with this 1o~ ~ [he ~t~d limits, ihe~: ti) any ~ch 1o~
r~oc~ by ~e ~unt ~s~ to ~dum: ~e ch~ge lo the pe~t~ ti~t; ~d (ii} ~y so~ al~y ~ll~ ~m ~ whl~
ex~ ~itt~ li~ls will be ~nd~ to me. ~e Note Holder ~y ch~se to ~e Ibis ~ by ~ucing ~e p~cip~ I OWe
p~ay~nL
6. BO~O~R~S F~ TO PAY AS ~D
If lhe No~ HoiSt h~ ~ ~iv~ ~c ~I ~t of ~y monthly pa~{ by ~e ~ of fifie~ (1~) c~ d~ys
da~e il h due, l will p~ a la~ ~ge to the No~ Holder. ~ ~ount of ~ Oar~e will be ~%
of my ove~ue pay~t of pr~Jp~ ~d imer~. I win pay ~is Isle c~ge pm~tly but only on~ on ~h late pa~L
~) Default
(C) Notice of ~fault
If I ~ ~ de~uit, ~e N~o Holder ~y ~ me a wrt~ notl~ telling ~at if I do n~ pay ~e ove~ue ~nt by a ~n
da~. t~ N~ Holder ~y ~ire me ~o pry I~ia~y Ihe ~l[ ~uot of pri~ipal whi~ h~ not b~n paid ~d ~1 ~ h~si
(D) No Waiv~ By N~ H~d~
Ev~ if, at a fl~ when I ~ ~ default, ~o Not~ Holder do~ not ~uire me to pay i~iately in full ~ d~cri~ a~ve, the
Nole Hold~ will still ~ve ~e righl {o do s,~ if [ ~ in defaul~ a a la~r time.
(E) ~yment of N~e Hol~'s C~s and Expen~
7. GIVING OF NONCES
delivering it or by mailing!i~ by first class m~dl ia rr~ ~ the Properv/Address ~ve or at a diff~l addr~ if I give ~e No~ Hold~
~y no~ ~at ~t ~ given to the Note Holder ~der this No~ ~1 ~ giv~ by m~ling it by fi~t CIca ~1 ~ the Note
Hold~ ~ the ~s s~ted ~ Section 3(A) a~ve or at a diff~nt ~s if I ~ giv~ a nofi~ of t~ di~t add~s.
8. OBLXGA~ONS OF PR~NS ~ER ~ N~
No~, i~ind~ ~e p~se to ~y ~ ~[l ~ ow~, Any p~n w~ is a guitar, ~my or ~do~ Of ~ls No~ ~ ~o
of ~ls Note, Is ~so obliga~ ia k~ ~1 of t~ p~ ~e in ~is NOte. ~e Nme Holder ~y ~fo~ [~ fi~is ~ ~is No~
~aimt ~ch ~r~ indlvM~lly or ~ainsi all of us together. ~is ~ ~at ~y one of ~ ~y be ~ui~ m pay ~1 of ~e
9. WA~
to ~utre the Nora Holder ia give not~ to o~r ~ns ~at ~ms due have not ~en p~d.
Hol~ ~d~ ~ N~e, a Mo~gnge, ~ of~t or S~udty ~ (the *~ity Imitator*), d~ ~ s~ d~ ss ~ N~,
pint.ts the Note HoiSt ~m ~ible loss~ ~lch ~ght r~ult if I do not k~ ~e pro~ which I ~ ~ ~is Note.
S~rity Ins~t ~cd~ how ~ ~dcr what conditions I may ~ ~qui~ ia ~e i~te ~y~t ~ MI of ~1 ~n~
~a~ of the ~y or a B~:Inl ~1~ In B~ro~. If ~1 or ~y p~t of ~he pr~y or my ~ in it a sold
If ~ ex~ ~ ~tlon, ~nder s~l give Bo~wer noti~ of ~cel~ation. ~e n~t~ sh~[ pmvi~ a ped~ of not
thru 30 da~ from ~e date ~e notl~ is deliver~ or ~1~ wilhin ~i~ Borrower mua pay nil su~ s~ur~ by ~s S~u~ty
~stmm~. If ~r f~s m pay ~e m~ p~or ia ~e expiration of this ~ri~, ~er ~y invoke ~y ~ies ~tted
WITNESS THE HAND(S) and SEAL(i) OF THE UNDERSIGNED.
WITNESS
CAROLI -Borrower-
Social ~ecurit¥ No,; 231-t7-1430
(SEAL)
-Borrower=
(S~L)
(SEAL)
-Borrower-
(SEAL)
=Borrower-
(SEAL)
-Borrower-
(SEAL)
-Borrower-
(SEAL)
-Borrower-
MULTISTATE FIXED Ii. ATE NOTE-gINGLE FAI~flLY-FMNA/FHLMC UNIFORM INSTRUMENT
CmdMrlend ~o~C¥,'PMmdylven/e, b(mn4ed end deec~tbed me follo~s ~
die.nee of 43.~8 geet ~o · ~Lnt:l M el~ 2ins or l~a ~ ~ fo~ly ~
KnoC~ 47 m~ hm~ i d~ oC ~59 ~fl~ Co I ~tf Ch~ m~ %Lne ~ 1~
BEING the same premises conveyed by Joan Larcin-Drake and Jams8 Larcin*
Drake, husband and wife, by deed of even date and intended to be recorded
aimuXtaneouely herewith in the Office of the Recorder o~ Deed8 o~ Cumber-
land County, PennsyXvania, unto Jerry H. Begat and Caroline K. Begat.
husband and wife, the Mortgagor9 herein.
VERIFICATION
ANN THORN hereby states that she is VICE PRESIDENTof WASHINGTON
MUTUAL BANK, F.A.. Mortgage servicing agent for Plaintiff in this matter, that she is authorized to
take this Verification, and that the statements made in the foregoing Civil Action are txue and correct to the
best of her knowledge, information and belief. The undersigned understands that this statement is made
subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities.
SHERIFF'S RETURN -
CASE NO: 2003-06435 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERL/~ND
MORTGAGE ELECTRONIC REGISTRATI
VS
BOGAR CAROLINE M
REGULAR
RON KERR ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
BOGAR CAROLINE M
DEFENDANT at 1449:00 HOURS,
at 165 EAST LOUTHER STREET
CARLISLE, PA 17013
KIM PETERSON, ADULT IN CHARGE
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 17th day of December 2003
by handing to
- MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this '7~ day of
A.n.
onotary
So Answers:
R. Thomas Kline
12/18/2003
FEDERMAN & PHELAN
Deputy '
FEDERMAN AND PHELAN, LLP
J3y: Frank Federman, Esquire I.D. No. 12248
Lawrence T. Phelan, Esquire I.D. No. 32227
Francis S. Hallinan, Esquire I.D. No. 62695
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
VS.
CAROLINE M. BOGAR
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
Plaintiff Court of Common Pleas
CUMBERLAND County
No. 03-6435 CIVIL TERM
Defendant(s)
PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE
AND DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark
this case discontinued and ended, upon payment of your costs only.
Date
Frank Federman, Esquire
Lawrence T. Phelan, Esquire
Francis S. Hallinan, Esquire
Attorneys for Plaintiff