HomeMy WebLinkAbout10-2761IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION
CHASE MANHATTAN MORTGAGE
CORPORATION,
NO.. JO (f! v
Plaintiff,,
vs.
MICHAEL L. STONE,
Defendant.
TYPE OF PLEADING
CIVIL ACTION-COMPLAINT
IN MORTGAGE FORECLOSURE
TO DEFENDANT
You are hereby notified to plead to the ENCLOSED
COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF
ATTORNEY FOR PL/AtNtVit
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
3415 Vision Drive
Columbus, OH 43219
AND THE DEFENDANT IS:
1083 McGreen Ridge Street
Dunmore, PA 18509
ATTORNEY FOR PLAINT F
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
I I 1 South Washington St. Mechanicsburg Boro
(CITY, BORO, TOWNSHIP,WARD)
V
ATTORNEY FOR PtAINTIPF-
FILED ON BEHALF OF PLAINTIFF:
Chase Home Finance LLC, s/b/m/t Chase
Manhattan Mortgage Corporation
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Anthou, Esquire
Pa. I.D. #77991
Brian M. Kile, Esquire
Pa. I.D. #89240
GRENEN & BIRSIC, P.C.
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One Gateway Center
Ninth Floor '
Pittsburgh
PA 15222
,
(412) 281-7650 : -
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION
CHASE MANHATTAN MORTGAGE
CORPORATION,
Plaintiff,
vs.
MICHAEL L. STONE,
Defendant.
NO..
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
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or Toll Free (800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION
CHASE MANHATTAN MORTGAGE
CORPORATION,
Plaintiff,
NO..
vs.
MICHAEL L. STONE,
Defendant.
CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE
Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, by its
attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage
Corporation, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio
43219 and is authorized to do business in the Commonwealth of Pennsylvania.
2. The Defendant, Michael L. Stone, is an individual whose last known address is
1803 McGreen Ridge Street, Dunmore, Pennsylvania 18509.
3. On or about January 22, 2001, Defendant executed a Note in favor of Plaintiff in
the original principal amount of $108,145.00. A true and correct copy of said Note is marked
Exhibit "A", attached hereto and made a part hereof.
4. On or about January 22, 2001, as security for payment of the aforesaid Note,
Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $108,145.00 on the premises hereinafter described, said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on January 23, 2001 in Mortgage Book
Volume 1665, Page 297. A true and correct copy of said Mortgage, containing a description of
the premises subject to the Mortgage ("Mortgaged Premises"), is marked Exhibit "B", attached
hereto and made a part hereof.
5. Defendant is the record and real owner of the aforesaid Mortgaged Premises.
6. Defendant is in default under the terms of the Mortgage and Note for, inter alia,
failure to pay the monthly installments of principal and interest when due. Defendant is due for
the January 1, 2010 payment..
7. On or about March 1, 2010, Defendant was mailed Notice of Homeowner's
Emergency Mortgage Assistance Act of 1983 ("Act 91 Notice") in compliance with the
Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended.
8. Plaintiff was not required to send Defendant a separate Notice of Intention to
Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq., as a result of
sending the Act 91 Notice.
9. The amount due and owing Plaintiff by Defendant is as follows:
Principal $ 93,958.81
Interest to 4/8/10 $ 2,691.55
Late Charges to 4/8/10 $ 121.23
Escrow Deficiency to 4/8/10 $ 17.04
Corporate Advances $ 52.45
Attorney's fees $ 1,300.00
Title Search, Foreclosure and
Execution Costs $ 2,500.00
TOTAL $1 00,641.08
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $100,641.08 with interest thereon at the rate of $17.70 per diem from April 8, 2010, 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.
GRENEN & BIRSIC, P.C.
BY:
Kristine M. Anthou, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
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"
WF
ORIGINAL
C NOTE rnncas? r,-------- - -
17902021 441G1r???410_S
1179020210 41_-_- -
111 S WASHINGTON ST, MECHANICSBURG, Januaz:y 22, 2031
PA 17055
1. PARTIES
"Borrower" means call person signing at the end of this Note, and the person's successors and assigns, "Lcndcr" nicrns
CHASE MANHATTAN MOR'T'GAGE CORPORATION
D11111
and its successors and assigns.
2. BORROIVEsR'S NROi%II'F T
S . U PAY; IN'1'IsItCS7'
In return for a load received front Lender, Borrower promises to pay the principal sum of
One Hundred Eight: Thousand, One Hundred Forty-Five and 00/100
Dollars (U.S. S 108,145.00 ), plus interest, to the order of Lender. Interest will be chargtd on
unpaid principal, f'roni the date of disbursement of the loan proceeds by Lender, at the rate of
Six and Seven-Eighths
percent ( 6 . 875) per year until the full amount of principal has been paid.
3. PROMISE TO E'AV SISCURGD
Bonower's promise to pay is secured by a mortgage, decd of trust or similar security instrument that is dated the same dr,te as
this Note and called the "Security Inst'unienc, 'chat Security Instrument protects the Lender from losses which might res ill it
Borrower defaults under this Note.
4. NIANN@]t OF PA1 Iii1EINT
(A) Time
Borrower shall make a payment of principal and interest to )ender oil the first day of each Month beginning un
March 1, 2001 Any principal and interest remaining on (tic first day of
February, 2031 will be (file on that (laic, which is called the maturity date.
(11) Place
I'aynlcnt Shall lie made at 200 OLD WILSON BRIDGE RD
COLUMBUS, OH 43085
or at such oilier place as Lcndcr may designate in writing by notice to Burrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. S 710 .44
Seven Hundred 't'en and 44/100
This amount will be pall of a larger monthly payment required by the Security Instrument, that shall be applied to principal,
interest and other items in the order described in the Security Instrument.
(D) Allonge to this Note for I'acmteut Ad,juslments
[fail allungc providing fur payment adjustments is mcuted by Borrower together with this Note, the covenants of (lie allonge
shall be incorporated into in(] shall amend and, supplement the covenants of this Note as if the allonge were a part of this Noic.
5. IIORR01iVIiIt'S IZIGEI7"1'O 1'KI?I'A1''
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penally, on illc first
day ill any month. Lcndcr shall accept prepayment on other days provided that borrower pays interest on the amount picpai l fi r
the remainder of the month to the extent required by Lender and penniucd by regulations of the Secretary. 11' Borrower mal:cs a
partial prepayment. there will be no changes in the title date or in the amount of (lie monthly payment unless Lender age"ces in wliling
to those changes.
6. ItORRU%%'EIVS FAILURE TO IIAV
(A) Laic Charge for (lverduc 1'nyntcmts
11' Lender has not received the fill monthly payment required by the Security Instrument, as described in Paragra;)h 4(c) o' this
Note by the end of fifteen calendar days alier the payment is due, Lcurler may collect a late charge in (he NmOLnI of
4%
of the overdue amount o1" each pa) ment.
(B) Deraull
11' Borrower defaults by failing to pay in full all), monthly payment, then Lender may. except as limited by regulations of the
Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due' and all act rued
interest. Lender may choose not to exercise this Option without waiting its rights in the event of any subsequent default. In 1 lany
clrcunisiatlces regulations issued 1))' (tic Secretary will limit Lender's right to require immediate payment in full in the case of pay nent
defaults. This Note does not authorize acecleratiou when not pernlimed by HUD regulations. As used in this Note, "Secretary" n'cans
die Secretary of'Ilousing in(] Urban Development or his or tier designee.
Il1A t•tU1.TISfAIT HXED 14XI li NOIT
(:.73112 (I IP)6) i1q, I of 2 iaq,l.,- II'161
(C; Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may rc:luirc Borrower o pay c(:; and cr:pcrses
including reasonable and customary attoracy's fees for enforcing this Note to the extent not proldbited b 'applicable I; ,v. Such
fees and costs shall bear interest lrom lire dale of disbursement at floe same rate as the principal of this Note.
7. %VAIVERS
Borrower and any outer person who has obligations under this Note waive the rights of prescnlmCni . nd no iCC of dishonor.
"Prescnnnent" means the right to requite Lender to demand payment of amounts due. "Notice of dishonor" mt ans the right to require
Under to give notice, to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, ally notice that must be given to Borrower under this Note will be given by
delivering it or by mailing it by fast class mail to Borrower at the property address above or at a different address if Borrower has
given I..ender a notice of Borrower's dil'lcrcot address.
Any notice that must be giver to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(B) or at a different addre>s if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS IINDFR THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises mmic in Ibis
Note, including the promisc 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, including the obligations of a guarantor, surety or endorser
of this Note, is also obligated to keep all of the promises made in this Now. Lender may enforce its rights under this Note against
each person individually or against all signatmics together. Any one person signing this Note may be rap ired to pay all of the
amounts owed under this Note.
BY SIGNING BELOW, Borruwcr accepts and agrees to the terms and covenants contained in this Note,
MIC14AEL L STONL
,?f t tr ? , # 1(~ :? rl
FIIA MULTISTA1 C FIXED IZA IT 001 1.
C-7?n; tl l/W.11'apr 2 ,d 2 (IAplan? It`tal
EXHIBIT "B"
P /g7a
RecAd and Return to:
CHASE MANHATTAN MORTGAGE CORPORATION
1500 N 19TH STREET
MONROE LA 71201
ATTENTION: FINAL CERTIFICATIONS
State of Pennsylvania MORTGAGE
I
THIS MORTGAGE ("Security Instrument") is given on
The Mortgagor is
MICHAEL L STONE, MARRIED
PCw 7:'7GLEP,
P,_C?_ BEDS
X:,Y"'L/. COVTY-PA
0 RWINA L9m 9 1, 9
lpl TAN23
FHA Case No
4416442334703
x(17902021
/? 17_
January 22, 2001
whose address is
111 S WASHINGTON ST, MECHANICSBURG, PA 17055
CHASE MANHATTAN MORTGAGE CORPORATION ("Borrower"). This Security Instrument is given to
which is organized and existing under the laws of the State of New Jersey and whose
address is 343 THORNALL ST
EDISON, NJ 08837 ("Lender"). Borrower owes Lender the principal sum of
One Hundred Eight Thousand, One Hundred Forty-Five and 00/100
Dollars (U.S. $ 108,145.00 ). This debt is evidenced by Borrower's Note dated the same date as this Security
Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on
February 1, 2031 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by
the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest,
advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender, the following described property located in
CUMBERLAND County, Pennsylvania:
See Attached Legal Description
which has the address of
111 S WASHINGTON ST, MECHANICSBURG, PA 17055
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and
fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument,
All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and
will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
PENNSYLVANIA FHA MORTGAGE BOOK 1665 racE ,297
C-3701 (71%) (Replaces 1/96) PAGE I OF 5
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations
by jurisdiction to constitute a uniform security instrument covering real property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS:
1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the
debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, together
with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to
be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under
Paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban
Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security
Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by
Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the
Secretary, in a reasonable amount to be determined by the Secretary Except for the monthly charge by the Secretary, these items
are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds".
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount of to exceed the maximum
amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C.
§ 2601 ct seg. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that
the cushion or reserve permitted by RESPA for unanticipated disbursements 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 pertmtted to be held by RESPA, Lender shall account
to Borrower for the excess funds as required 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 all 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 installment 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 credited with any balance remaining for all installments for items (a), (b) and (c).
3. Application of Payments. All payments under Paragraphs 1 and 2 shall be applied by Lender as follows:
First, to the 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 fire, flood and other hazard insurance
premiums, as required;
Thud, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in
existence or subsequently erected, against any hazards, 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
all improvements 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 carried 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 event of loss, Borrower shall give Lender immediate 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 directly
to Lender, instead of to Borrower and to Lender jointly. All or any part 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 in the order in Paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged property.
Any application of the proceeds to the principal shall of 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 insurance proceeds over an amount required to pay all
outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the
indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds.
Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of
this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property
as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will
cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall
notify Lenders of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the
Property or allow the Property to deteriorate, reasonable wear and tear excepted, Lender may inspect the Property if the Property
is vacant or abandoned or the loan is in 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 process, gave materially false or inaccurate
information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced
by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence.
If this Security Instrument is on a leaschold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title
to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing
6. Condemnation. The proceeds of any award or claim for damages, direct 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 assigned and shall
be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this 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 in the order provided in Paragraph 3, and then to prepayment of principal. Any application 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 indebtedness under
PENNSYLVANIA FHA MORTGAGE oood665tw 0298
C-3701 (7/96) (Replaces 1/96) PAGE 2 OF 5
the Note and this Security Instrument shall be paid to the entity legally entitled 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 in Paragraph 2. Borrower shall pay these obligations on time directly
to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest to the Property, upon Lender's
request Borrower shall promptly furnish to Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other covenants
and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in
the Property (such as a proceeding in bankruptcy, for condemnation 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 payment of taxes, hazard
insurance and other items mentioned in Paragraph 2.
Any amounts disbursed by Lender under this Paragraph shall become an additional 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 option of the
Lender, shall be immediately due and payable.
Borrower shall promptly discharge any hen which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the hen in a manner acceptable to Lender; (b) contests in good faith the hen by,
or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement
of the lien, or (e) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security
Instrument, Lender may give Borrower a notice identifying the hen. Borrower shall satisfy the lien or take one or more of the actions
set forth above within 10 days of the giving of notice.
8. Fees, Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults,
require immediate payment in full of all sums secured by this Security Instrument if-
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument
prior to or on the due date of the next monthly payment, or
(it) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained
in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable taw (including section 341(d) of the
Gam-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the
Secretary, require immediate payment in full of all sums secured by this Security Instrument if:
(i) All or part of the Property, or a beneficial interest in a trust owning all or pan of the Property, is sold
or otherwise transferred (other than by devise or descent), and
(u) The property is not occupied by the purchaser or grantee as his or her principal residence, or the
purchaser or grantee does so occupy the Property, but his or her credit has not been approved in
accordance with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender
does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's
rights in the case of payment defaults to require immediate payment in full and foreclose if not paid. This Security
Instrument does not authorize acceleration or foreclosure if not penrtted by regulations of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to
be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its
option require immediate payment in full of all sums secured by this Security Instrument. A written statement of
any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this
Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the
foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's
failure to remit a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of
Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure
proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring
Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs
and reasonable and customary attorney's fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement
by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate
payment in full. However, Lender is not required to permit reinstatement if. (i) Lender has accepted reinstatement after the
commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure
proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect
the priority of the lien created by this Security Instrument.
11. Borrower not Released; Forbearance by Lender not a Waiver. Extension of the time of payment or modification
of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not
operate to release the liability of the original Borrower or Borrower's successor in interest Lender shall not be required to commence
proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand trade by the original Borrower or Borrower's successors 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 Several Liability; Co-Signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of Paragraph
9(b). 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-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the
Property under the terms of this Security Instrument, (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations
with regard to the terms 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 given by delivering it or by mauling
it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or
any other address Borrower designates by notice to Lender Any notice to Lender shall be given by first class mail to Lender's
address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument
PENNSYLVANIA FHA MORTGAGE
C-3701 (7/96) (Replaces 1196) PAGE 3 OF 5 ROOK 1665 PACE 299
shall be deemed to have been given to Borrower or Lender when given as provided in this Paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts
with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect
without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
15. Borrower's Copy. • Borrower shall be given one conformed copy of the Note and of this Security Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property
that is In violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the
Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and
to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of
which Borrower has actual knowledge. If Borrower Icarus, or is notified by any governmental or regulatory authority, that any
removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used the paragraph
16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety
or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers 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 all rents and revenues of the Property as trustee
for the benefit of Lender and Borrower. This assignment of rents constitutes an 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 Security Instrument;, (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 Gender'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 exercising its rights under this Paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach
to Borrower. However, Lender or a judicially 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 Leader 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, attorneys' fees and costs of title evidence to the extent
permitted by applicable law.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires Immediate
payment In full under Paragraph 9, the Secretary may invoke the nogjudicial power of sale provided in the Single Family
Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et sea.) by requesting a 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 Leader underjbis Paragraph 18 or applicable law.
19. Release. Upon payment of all sutras secured by this Security 'Instrument, this Security Instrument and the estate
conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without
charge to Borrower. Borrower shall pay any recordation costs.
20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings
to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution,
extension of time, exemption from attachment, levy and sale, and homestead exemption.
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 We 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 Security Instrument shall be a purchase money mortgage.
23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note
or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the
covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
The-following riders are attached:
RIDERS ATTACHED
1-4 FAMILY RIDER
PENNSYLVANIA PHA MORTGAGE
C-3701 (7/96) (Reply 1/96) PAGE 4 OF 5 BOOK 1OW PA" «300
BY SIGNING BELOW, Borrower accepts and agrees to the terns contained in this Security Instrument and in any rider(s)
executed by Borrower and recorded with it.
The Borrower certifies that a true copy of the mortgage has been received.
M CH"EL L STONE
VnTrdrss
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this 22nd day of January, 2001
subscriber, a Notary Public in and for the Commonwealth of Pennsylvania, residing in before me, the
came the Mabove-named MA%IED
I
and acknowledged the within indenture of Mortgage to be th
WITNESS my hand and seal, the day and year aforest
Notanai Seat
Manryn E W1lhema, Notary PubLc
M9ChtpNabutp 8oro, Cumberland CoaatY
Certificate of Reeldenee MY Commisvon Expees Nov. 6. 2001
f, ttie SubecttW Pe ma A%WC10011 of Noes
by turbty that the corrotA addlefie of the Nlfil*.
Lander 903 Thdmdl St ;, Edlaon, W Oa83wRnyf ti hared tt?j f Q
?Y
ApsrM Of
as
PENNSYLVANIA FHA MORTGAGE aouK M race 6301
C-3701 (7/96) (RePlaca 1/96) PAGE 5 OF 5
ALL that certain tract of land situate in the Borough of Mechanicsburg, County of
Cumberland, State of Pennsylvania, bounded and described as follows, to wit:
ON the West by South Washington Street; on the North and East by an Alley; and
on the South by land now or late of Dorothy L. Fishel.
HAVING a frontage of 35 feet, more or less, on South Washington Street and
extending 135 feet, more or less, in depth.
BEING improved with a two story dwelling house known as No. 111 South
Washington Street.
Exhibit A
n0 1663 tact , J02
ORIGINAL
17902021
1-4 FAMILY RIDER 1179020210
Assignment of Rents
THIS 1-4 FAMILY RIDER is made this 22nd day of January, 2001
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed
of Trust or Security Deed {the "Security Instrument") of the same date given by the
undersigned (the "Borrower") to secure Borrower's Note to
CHASE MANHATTAN MORTGAGE CORPORATION
a corporation organized and existing under the laws of
the State of New Jersey
(the "Lender") of the same date and covering the property described in the Security
Instrument and located at:
111 S WASHINGTON ST, MECHANICSBURG, PA 17055
Aftess
1-4 FAMILY COVENANTS. In addition to the covenants and agreements madevin
the
Security Instrument, Borrower and Lender further covenant and agree as follows.
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition
to the property described in the Security Instrument, the following items now or hereafter
attached to the property to the extent they are fixtures are added to the property description,
and shall also constitute the Property covered by the Security Instrument: building materials,
appliances and goods of every nature whatsoever now or hereafter located in, on, or used,
or intended to be used in connection with the Property, including, but not limited to, those
for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and
light, fire prevention and extinguishing apparatus, security and access control apparatus,
plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators,
dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens,
blinds, shades, curtains and curtain rods, attached mirrors, cabinets, panelling and attached
floor coverings now or hereafter attached to the Property, all of which, including
replacements and additions thereto, shall be deemed to be and remain a part of the Property
covered by this Security Instrument. All of the foregoing together with the Property
described in the Security Instrument (or the leasehold estate if the Security Instrument is on
MULTISTATE 1-4 FAMILY RIDER
C-6015LT (2100) page 1 or 4 (Replaces 2/98)
F- 3170 3199
100111665 pict J03
a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the
"Property."
B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree
to or make a change in the use of the Property or its zoning classification, unless Lender has
agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations
and requirements of any governmental body applicable to the Property.
C. SUBORDINATE LIENS. Except as permitted by federal law, borrower shall not
allow any lien inferior to the Security Instrument to be perfected against the Property without
Lender's prior written permission.
D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in
addition to the other hazards for which insurance is required by Uniform Covenant 5.
E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Uniform Covenant 19 is
deleted.
F. BORROWER'S OCCUPANCY. With regard to non-owner occupied investment
properties, the first sentence in Uniform Covenant 6 concerning Borrower's occupancy of the
Property is deleted. For all properties, all remaining covenants and agreements set forth in
Uniform Covenant 6 shall remain in effect.
G. ASSIGNMENT OF LEASES. Upon Lender's request, after default, Borrower shall
assign to Lender all leases of the Property and all security deposits made in connection with
leases of the property, Upon the assignment, Lender shall have the right to modify, extend
or terminate the existing leases and to execute new leases, in Lender's sole discretion. As
used in this Paragraph G, the word "lease" shall mean "sublease" if the Security Instrument
is on a leasehold.
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION.
Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and
revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are
payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that
each tenant of the Property shall pay the Rents to Lender or Lender's agents. However,
MULTISTATE 1-4 FAMILY RIDER
C-6015LT (2/00) page 2 or 4 (Replaces 2/98)
Pam 3170 3/99
sooK1665na .304
Borrower shall receive the Rents until W Lender has given Borrower notice of default pursuant
to Paragraph 22 of the Security Instrument and (ii) Lender has given notice to the tenant(s)
that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents
constitutes an absolute assignment and not an assignment for additional security only.
If Lender gives notice of breach to Borrower: ()) all Rents received by Borrower shall
be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums
secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of
the Rents of the Property; (ill) Borrower agrees that each tenant of the Property shall pay all
Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the
tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or
Lender's agents shall be applied first to the costs of taking control of and managing the
Property and collecting Rents, including, but not limited to, attorney's fees, receiver's fees,
premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes,
assessments and other charges on the Property, and then to the sums secured by the
Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be
liable to account for only those Rents actually received; and (vi) Lender shall be entitled to
have a receiver appointed to take possession of and manage the Property and collect the
Rents and profits derived from the Property without any showing as to the inadequacy of the
Property as security.
If the Rents of the Property are not sufficient to cover the cost of taking control of
and managing the Property and of collecting the Rents any funds expended by Lender for
such purposes shall become indebtedness of Borrower to Lender secured by the Security
Instrument pursuant to Uniform Covenant 9.
Borrower represents and warrants that Borrower has not executed any prior
assignment of the Rents and has not and will not perform any act that would prevent Lender
from exercising its rights under this paragraph.
Lender, or Lender's agents or a judicially appointed receiver, shall not be required to
enter upon, take control of or maintain the Property before or after giving notice of default
to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do
so at any time when a default occurs. 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 all the sums secured by the Security Instrument are paid in
full.
I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or
agreement in which Lender has an interest shall be a breach under the Security Instrument
MULTISTATE I-4 FAMILY RIDER
C-6015LT MOO) page 3 of 4 (Replaces 2/98)
F- 3170 3199
BooK 1665 PAGE JOS
,.
and Lender may invoke any of the remedies permitted by the Security Instrument.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions
contained in this 1-4 Family Rider.
M FiAEL ST NE
#?' V I
s;
MULTISTATE I-4 FAMILY RIDER
C-6015LT (2700) Page 4 of 4 (Replace 2/98)
State of Pennsylvania
County of Cumborland J
E oor!''td i tho office for the recording of Deeds
c:t. nd 1 bnrlaW County,?
Q-7
in- Go Vol pr
v•itn-x, y h r osl of , c f x?
Carps o, P ••--`` da V
ecord
Form 3170 31"
eood665 ha 4306
VERIFICATION
Starlene L. Starling , Assistant Secretary, and duly authorized representative of Chase
Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, deposes and says, subject
to the penalties of 18 Pa. C.S.A Section 4904, relating to unsworn falsification to authorities, that
the facts set forth in the foregoing Complaint are true and correct to his/her knowledge,
information and belief.
Chase Home Finance LLC, s/b/m/t
Chase Manhattan Mort age Corporation
Starlene L. Sta ()Assistant Secretary
Received Incoming
APR 1 6 2U1U
t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CHASE HOME FINANCE LLC, S/B/M/T
CHASE MANHATTAN MORTGAGE
CORPORATION,
Plaintiff,
vs.
MICHAEL L. STONE,
Defendant.
n
CIVIL DIVISION ~ ~ -"
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rnrr.
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NO.: 10-2761 CIVIL TERM `~ ~~ ~' ~ ;~.
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TYPE OF PLEADING ~ ~
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PRAECIPE TO SETTLE AND
DISCONTINUE WITHOUT
PREJUDICE
FILED ON BEHALF OF 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 HOME FINANCE LLC, S/B/M/T CIVIL DIVISION
CHASE MANHATTAN MORTGAGE
CORPORATION,
Plaintiff,
vs.
NO.: 10-2761 CIVIL TERM
MICHAEL L. STONE,
Defendant.
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.
GRENEN & BIRSIC, P.C.
BY: ~ (..C./~ ~ ft C/~ cL..
Kri 'ne M. Anthou, Esquire
Attorneys for Plaintiff
Sworn to and subscribed before me
this I -~ day of ~~ ~ ,moo ; , 2010.
Notary Public
~~~~TM of ~~n w
CP ~ ~ T~n~, Notay PubAo
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