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Home My WebLink About12-0123(t?Y L.JED-OAFF 1Cr- C 131 3 1\ ?ItiJ{? iP1 ti Stanley J.A. Laskowski, Esquire Attorney I.D. No. 37422 2012 FEB -2 AN 11: 38 Thomas S. Lee, Esquire Attorney I.D. No. 89440 CUMBERLAND COUNTY CALDWELL & KEARNS, P.C. PENNSYLVANIA 3631 North Front Street Harrisburg, PA 17110 717-232-7661 717-232-2766 (FAX) Attorneys for Plaintiff Carole J Cremo CAROLE J. CREMO, Plaintiff V. M&T BANK CORP, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 12-123 Civil Term CIVIL ACTION - QUIET TITLE PRAECIPE TO SUBSTITUTE CERTIFICATE OF SERVICE TO THE PROTHONOTARY: Kindly substitute the attached Certificate of Service for the Certificate of Service previously filed with Plaintiff, Carole J. Cremo's, Affidavit of Service on January 27, 2012. Date: February 1, 2012 By: Respectfully submitted, CALDWELL & KEARNS (7? 6V-401? Thomas S. Lee, Esq. Attorney I.D. #89440 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 tlee@CKLegal.net Attorneys for Plaintiff, Carole J. Cremo 06532-002/186633 CERTIFICATE OF SERVICE AND NOW this ??day of Janu , 2012, I hereby certify that I have served a copy of the foregoing document in the above captioned action by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: M&T Bank Corp. 1 West High Street Carlisle, PA 17013 CALDWELL & KEARNS By: 06532-0021186355 CERTIFICATE OF SERVICE AND NOW this /5r day of February, 2012, I hereby certify that I have served a copy of the foregoing Praecipe to Substitute Certificate of Service in the above captioned action by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: M&T Bank Corp. 1 West High Street Carlisle, PA 17013 CALDWELL & KEARNS By: 06532-002/186633 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Carole J. Cremo, Y Plaintiff CIVIL ACTION -QUIET TITLE?m , CO , V. DOCKET NO.: 12-0123-CVO w M&T Bank Corp, g" r C-3 Defendant. -+ ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant, M&T Bank Corp, and makes the following Answer with New Matter to Plaintiff's Complaint, stating in support thereof as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Defendant incorporates its response to Paragraphs 1 and 2 as though set forth in full herein. 4. Denied. Following reasonable investigation, Defendant lacks information sufficient to form a belief as to the truth of the averments set forth in Paragraph 4 and the same are consequently denied. 5. Denied. Following reasonable investigation, Defendant lacks information sufficient to form a belief as to the truth of the averments set forth in Paragraph 5 and the same are consequently denied. 6. Denied. Following reasonable investigation, Defendant lacks information sufficient to form a belief as to the truth of the averments set forth in Paragraph 6 and the same are consequently denied. 7. Admitted. 02/21/2012 SL 1 1134099v1 000000.00000 8. Denied. Following reasonable investigation, Defendant lacks information sufficient to form a belief as to the truth of the averments set forth in Paragraph 8 and the same are consequently denied. By way of further answer, the notary block follows the signatures of both Mr. and Mrs. Cremo. 9. Denied. Following reasonable investigation, Defendant lacks information sufficient to form a belief as to the truth of the averments set forth in Paragraph 9 and the same are consequently denied. 10. Denied. Following reasonable investigation, Defendant lacks information sufficient to form a belief as to the truth of the averments set forth in Paragraph 10 and the same are consequently denied. 11. Denied. Following reasonable investigation, Defendant lacks information sufficient to form a belief as to the truth of the averments set forth in Paragraph 11 and the same are consequently denied. 12. Denied. Following reasonable investigation, Defendant lacks information sufficient to form a belief as to the truth of the averments set forth in Paragraph 12 and the same are consequently denied. 13. Denied. The averments of Paragraph 13 constitute legal conclusions requiring no responsive pleading. 14. Admitted. 15. Denied. The averments of Paragraph 15 constitute legal conclusions requiring no responsive pleading. 16. It is admitted that the mortgage remains unsatisfied. 2 02/21/2012 SL1 1134099v1 000000.00000 WHEREFORE, Defendant demands judgment in its favor and against Plaintiff, together with such other and further relief, as this Court deems appropriate. NEW MATTER 17. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 18. The property encumbered by Defendant's mortgage is apparently jointly held by Plaintiff Carole J. Cremo and her former husband, John Metro Cremo, yet John 'Metro Cremo is not named as a party to the lawsuit. (See Complaint, §7). 19. Consequently, Plaintiff's Complaint is infirm because it fails to join an indispensable party. STEVENS & LEE Date: February; >' 2012 By: MarraWaw, Esquire Atto I.D. No. 61975 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7357 (610) 371-7362 (facsimile) mdb@stevenslee.com Counsel for Defendant 3 02/21/2012 SL I 1134099v l 000000.00000 VERIFICATION I, Thomas K. Frederick, verify that I am the Vice President - Senior Counsel, of Defendant, M&T Bank, in the within action; that the attached document is based upon the facts of which I have personal knowledge or information furnished to me by counsel; that the language of the document is that of counsel and not my own; and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A §4904 relating to unsworn falsification to authorities. Date: February, 2012 Thomas K. Frederick 02/21/2012 SLl 1134099v1 000000.00000 CERTIFICATE OF SERVICE I, MARK D. BRADSHAW, ESQUIRE, certify that on this date, I served a certified true and correct copy of the foregoing ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Stanley J. A. Laskowski, Esquire Thomas S. Lee, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Date: February Z3 2012 02/21/2012 SL 1 113 4099v 1000000. 00000 CAROLE J. CREMO, : IN THE COURT OF COMMON PLEAS OF Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA - V. : No. 12-123 Civil Term M&T BANK CORP, : CIVIL ACTION - QUIET TITLE c-nr , - Defendant C D ?u -r 1 V. t JOHN M. CREMO, .- Additional Defendant 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 BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 CAROLE J. CREMO, Plaintiff V. M&T BANK CORP, Defendant V. JOHN M. CREMO, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 12-123 Civil Term : CIVIL ACTION - QUIET TITLE AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaraccion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Stanley J. A. Laskowski, Esquire Attorney I.D. #37422 Thomas S. Lee, Esquire Attorney I.D. #89440 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 slaskowski@ ,CKLegal.net tlee@CKLegal.net (717) 232-7661 (717) 232-2766 (fax) Attorney for Plaintiff CAROLE J. CREMO, Plaintiff V. M&T BANK CORP, Defendant V. JOHN CREMO, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 12-123 Civil Term CIVIL ACTION - QUIET TITLE COMPLAINT OF PLAINTIFF AGAINST ADDITIONAL DEFENDANT JOHN CREMO AND NOW, comes the Plaintiff, Carole J. Cremo, by and through her attorneys, Stanley J.A. Laskowski and Thomas S. Lee, Caldwell & Kearns, and files the within Complaint against Additional Defendant John Cremo, and in support thereof avers the following: Additional Defendant John Cremo (hereinafter "Additional Defendant"), is an individual whose last known address is 1 Speedway Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Plaintiff instituted this action against Defendant M&T Bank alleging an invalid mortgage. The date of the mortgage is February 6, 2006. A copy of Plaintiffs Complaint is attached as Exhibit "A" and incorporated herein. 3. According to Plaintiffs Complaint, on or about February 6, 2006, a bond and mortgage naming John Metro Cremo and Carole J. Cremo as obligors and mortgagors, and M&T Bank Corp. as obligee and mortgagee, to evidence and secure a home equity line of credit of $150,000 was allegedly delivered to M&T Bank Corp., the mortgage being recorded on February 28, 2006, in the Recorder of Deeds of Cumberland County. 4. Plaintiff did not affix her signature to either the mortgage or its accompanying bond, nor had she authorized or directed her husband or any person to do so. Plaintiff did not ratify the mortgage. The signature affixed to the mortgage was not made by Plaintiff and is a forgery. A copy of the said mortgage is attached as Exhibit "B" and incorporated herein. 6. The signature of John Metro Cremo was witnessed by an official of Defendant M&T Bank Corp. The signature of Carole J. Cremo was not witnessed by an official of Defendant M&T Bank Corp. 7. No notice of the mortgage loan in question being negotiated, its terms and conditions, pledge of collateral, nor the purpose and manner of disbursement of the loan proceeds were given to Plaintiff. 8. Plaintiff was never advised that an installment or other payment was due on the mortgage loan since payments were made by John Metro Cremo, other members of the Cremo family, or other unknown individuals without Plaintiff's knowledge. Further, mortgage statements were not sent to Plaintiffs home at 808 Market Street-North, Mechanicsburg, Pennsylvania. 9. Plaintiff made no installment payments or other payments on the mortgage loan in question. 10. The aforesaid mortgage is a lien of record against premises 808 Market Street-North, Mechanicsburg, Cumberland County, Pennsylvania of which Plaintiff is the joint owner with Additional Defendant John M. Cremo as husband and wife. 11. Additional Defendant John M. Cremo is solely liable to M&T Bank Corp. for any obligation on the bond and mortgage. 12. In the alternative, Additional Defendant John M. Cremo is liable over to Carole J. Cremo for any obligation on the bond and mortgage. 13. The bond and mortgage must be declared illegal, void and cancelled as to the Plaintiff and the subject lien is invalid against the jointly owned property of 808 Market Street-North, Mechanicsburg, Cumberland County, Pennsylvania. WHEREFORE, Plaintiff demands: 1. The bond and mortgage be declared null and void; 2. The cancellation of the bond and mortgage of record; 3. Judgment in Plaintiff's favor and quieting title to Plaintiff with respect to the bond and mortgage against Additional Defendant together with costs; 4. Judgment that Additional Defendant John Cremo is solely liable to Plaintiff, and 5. In the alternative, judgment that Additional Defendant John Cremo is liable over the Plaintiff for any obligation on the bond and mortgage. Respectfully submitted, CALDWELL & KEARNS Dated: March 9, 2012 By: StAnley J. A. Lask?fsgi, Esquire Attorney I.D. #37422 Thomas S. Lee, Esquire Attorney I.D. #89440 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 slaskowski@CKLegal.net tlee@CKLegal.net Attorneys for Plaintiff ?? ?? ?? Supreme C.,01.,44 r nnsylvania Cour.? ofdC66mo i leas County For 1'rorlrnnr?tui,i i( sc=Oiih?: The information collected on this form is used solely for court administration purposes. This,fbrn-a does not supplement or replace the filing and service ofpleadings or other papers as required by lam or rules of court. µ I %A- Commencement of Action; 0 Complaint 0 Writ of Summons r7- Petition Transfer from Another Jurisdiction Ej Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: Are money damages requested? Yes No Dollar Amount Requested: within arbitration limits (check one) [Eoutside arbitration limits Is this a Class Action Suit? r7l Yes El No Is this an MDJA eal? pP ?'1 Yes 17 No Name of Plaintiff/Appellant's Attorney: Stan ley J. A. Laskowski, Esquire and Thomas S. Lee, Esquire Check here if you have no attorney (are it Self-Represented [Pro Se] Litigant) Nature,of the Case: Place an "X" to the left' of the ONE case category that most accurately describes your PRIMARY CASE. , If you are making more than one type of claim, check the one that - you consider most important. i 'F c T L B TORT (do not include Mass Tort) 0 Intentional [ Malicious Prosecution Motor Vehicle Nuisance 17 Premises Liability Product Liability (does not include mass tort) Slander/Libel/ Defamation Other: MASS TORT D Asbestos Q Tobacco Toxic Toil - DES Toxic Tort - Implant F1 Toxic Waste Q Other: PROFESSIONAL LIABLITY 0 Dental Legal Medical Other Professional: CONTRACT (do not include Judgments) Q Buyer Plaintiff Debt Collection: Credit Card Debt Collection: Other Employment Dispute: Discrimination Employment Dispute: Other M Other: REAL PROPERTY 0 Ejectment r7i Eminent Domain/Condemnation E3 Ground Rent ®I Landlord/Tenant Dispute ©1 Mortgage Foreclosure: Residential Mortgage Foreclosure: Commercial E] Partition Quiet Title Q Other: CIVIL APPEALS Administrative Agencies Board of Assessment Board of Elections Dept, of Transportation r7l Statutory Appeal. Other Zoning Board 0 Other: MISCELLANEOUS E3 Common Law/Statutory Arbitration E] Declaratory Judgment E] Mandamus Q Non-Domestic Relations © Restraining Order Quo Warranto 0 Replevin El Other: Updated 1/1/2011 CAROLE J. CREMO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :No. lol - /a3 alvi lean M&T' BANK CORP, : CIVIL ACTION - QUIET TITLE Defendant 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 BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 4"J r? C3 C C = CJ CAROLE J. CREMO, Plaintiff V. M&T BANK CORP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - QUIET TITLE AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaraccion dentro de los proximos veinte (20) di as despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER. INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Stanley J. A. Laskowski, Esquire Attorney I.D. #37422 Thomas S. Lee, Esquire Attorney I.D. #89440 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 saskowski@CKLegal.net tlee a),CKLegal.net (717)232-7661 (717) 232-2766 (fax) Attorneys 16r Plaintiff CAROLE J. CREMO, Plaintiff V. M&T BANK CORP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - QUIET TITLE COMPLAINT AND NOW, comes the Plaintiff, Carole J. Cremo, by and through her attorneys, Stanley J.A. Laskowski and Thomas S. Lee, Caldwell & Kearns, and files the within Complaint, and in support thereof avers the following: 1. Plaintiff, Carole J. Cremo ("Plaintiff'), is an individual residing at 808 Market Street- North., Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, M&T Bank Corp ("Defendant"), is a New York banking corporation with its principal office at One M&T Plaza, Buffalo, New York 14203. COUNTI Complaint to Quiet Title - To Cancel Invalid Mortt4age 3. Paragraphs 1 through 4 are incorporated by reference as if fully set forth herein. 4. On February 6, 2006 and many years prior thereto, Plaintiff and her ex-husband were record owners of property known and numbered as 808 Market Street-North, Mechanicsburg, Cumberland County, Pennsylvania, 17055 (the "Property"), by Deed dated May 26, 1987 and recorded May 20, 1987, in the Office of the Recorder of Deeds of Cumberland County at Deed Book R.32, Page 663. 5. On that date, a bond and mortgage naming John Metro Cremo and Carole J. Cremo as obligors and mortgagors and M&T Bank Corp as obligee and mortgagee to evidence and secure a home equity line of credit of $150,000.00 was allegedly delivered to the bank; the mortgage being recorded on February 28, 2006, in the Recorder of Deeds of Cumberland County in mortgage Book 1941, p.3709. A true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 6. Plaintiff did not affix her signature to either the Mortgage or its accompanying bond, nor had she authorized or directed her husband or any other person to do so. The signature affixed to the Mortgage attached hereto as Exhibit "B" was not made or affixed by Plaintiff and is a forgery. 7. The aforesaid mortgage is a lien of record against premises 808 Market Street - North, Mechanicsburg, Pennsylvania, of which plaintiff is the joint owner. 8. The signature of John Metro Cremo was witnessed by an official of defendant. The signature of Carole J. Cremo was not witnessed by an official of defendant. 9. No notice of the mortgage loan in question being negotiated, its terms and conditions, pledge of collateral, nor the purpose and manner of disbursement of the loan proceeds were given to plaintiff. 10. Plaintiff was never advised that an installment or other payment was due on the mortgage loan since payments were made by John Metro Cremo or other members of the Cremo family without plaintiff's knowledge. :Further, mortgage statements were not sent to plaintiff's home at 808 Market Street - North, Mechanicsburg, Pennsylvania. 11. Plaintiff made no installment payments or other payment on the mortgage loan in question. 12. None of the proceeds of the mortgage loan in question were used to improve the premises in question or otherwise directly benefit said real estate. 13. Defendant claims a lien against said property adverse to plaintiff, defendant's claim is without any right whatsoever, and defendant has no estate, right, title, lien, or interest whatsoever in or to said property or any part thereof. 14. Defendant's claim is based on a certain mortgage to said property purportedly made and executed by plaintiff to defendant on February 6, 2006, and recorded on February 28, 2006, in Book 1941, at page 3709, in the office of the Recorder of Cumberland County, Commonwealth of Pennsylvania. 15. Said mortgage is invalid and unenforceable because Plaintiff's signature to the bond and mortgage are forgeries and these documents must be declared illegal and void as to the Plaintiff mortgagor and cancelled. 16. Said mortgage remains unsatisfied of record and constitutes a cloud on Plaintiffs title to said property. WHEREFORE, Plaintiff demands judgment against defendant as follows: a. Declaring said mortgage and bond null and void; b. Canceling said mortgage and bond of record; c. Quieting title to said property in plaintiff and against defendant and all persons claiming under Defendant; d. For costs of this action; and e. For such other and further relief as the court may deem just and proper. Respectfully submitted, CALDWELL & KEARNS Dated: January, 2012 By: '&,-'4 nley J. A. La lk - ski Esquire Attorney I.D. #37422 Thomas S. Lee, Esquire Attorney I.D. #89440 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 slaskowski@CKLegal.net tlee@CKLegal.net Attorneys for Plaintiff 201 C1-11-.Warr.my Ueod-Short farm-A0 1909-Dauhle Sheaf Henry Hall, Inc., lodmna, PA 1 w 3 z MADE THE' (U day of in the year of our Lord one thousand nine hundred EIGHTY SEVEN (1987) BET{TIEE'N ROBERT F. JOHNSON and DEBORAH L. JOHNSON, his wife, of Mechanicsburg, Cumberland County, Pennsylvania, Grantor S , and JOHN METRO CREMO and CAROLE J. CREMO, his wife, of Mechanicsburg, Cumberland County, Pennsylvania, Grantee S r WlTNESSETH, that in consideration of Ninety-Six Thousand and no/100------------------- -------------------------------------($96)000.00)--------------------------.Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee S , ALL THAT CERTAIN piece or parcel of land, situate in Mechanicsburg, Cumberland County, Pernsylvania, more particularly bounded and described as follows, to wit; BEGINNING at a point on the Eastern side of North Market Street, which point is also the dividing line between Lots Nos. 5 and 6, Block G, on the hereinafter mentioned Plan of Lots; thence along said dividing line North 86 degrees 39 minutes 46 seconds East 119.32 feet to a point; thence along the dividing line of Lots Nos. 5 and 11, Block G, South 01 degree 50 minutes 20 seconds LJest a distance of 20.92 feet to a point; thence along the dividing line of Lots Nos. 5 and 12 and 13, Block G, South 12 degrees 00 minutes -West (erroneously described i;n prior Deed as South a'2 degrees 00 minutes East) a distance of 70.37 feet to a point dividing Lots Nos. 5 and 4, Block G; thence along said dividing line North 78 degrees 00 minutes West a distance of 112.0 feet to the Eastern side of North Market Street; thence along North Market Street North 12 degrees 00 minutes East a distance of 9.14 feet to a point; thence by an arc curving to the left having a radius of 190 feet a distance of 50.86 feet to a point, the point and place of BEGINNING. BEING Lot No. 5, Block G, on the Final Plan of Part of Blocks B,C,D,G and H, Wynnewood Park, as recorded in the Cumberland County Recorder of Deeds Office in Plan Crook 30, page 116. UNDER AND SUBJECT to a 25 foot building setbac line. (100K .?1 u' PAGE r- 4 BEING THE SAME PREMISES which W.D.C., Inc., a Pennsylvania corporation, having its principal place of business at R. D. 1, Carlisle, Pennsylvania, and Paul M. Burton and Loretta S. Burton, his wife, by their deed dated November 30, 1981 and recorded in Deed Book R, Volume 29, Page 96 in and for the Office of Recorder of Deeds of Cumberland County, Carlisle, Pennsylvania, granted and conveyed unto Robert F. Johnson and Deborah L. Johnson, his wife, Grantors herein. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-eay of record. _ cotWONWEA0rI i OF DEPARWENT OF REVEI\IUE RE/)UY TRANSFIRm 1 ?a? '? •± u __. 7 Mt1Y7.0 School Dist. Cumb. Co., pa Real Esfafo Tranifor T,x D. i S_ _7 1 S ??• umb. Co, Dist. Col. A Cum6, Co., Pa, Roal Estufe TransfeTa{xy Data ` ........... -C d Gl (•? Amt, Camb. Cq. Dkf. Cal. ,hq}. --` _'r' ., r.=J r ) And the said grantor S hereby covenant and agree that they will warrant s pec i a l l y the property hereby conveyed. b00KI)) 2, PAGE 664 IN TI/ITNESS 1l"HE'REOI', said grantors have h. and year first above written. §?igtieb, 16rultb nnb 39eliutreb in tot Preoence of State of PENNSYLVANIA set their R(WRT /F. J DEBORAH L. JOHN hand 5 and seal the day ss. County, of CUMBERLAND On this, the day of 19 87 , before me, the undersigned officer, personally appeared Robert F. Johnson and Deborah L. Johnson known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained, IN WITNESS WHEREOF, 1 hereunto set my hand and official seal, MARY ANN FR I T2, Notory Pub l lo Harrisburg, Dauphin County My Comnls5ion Expires 8-21-89 State of County of On this, the the undersigned officer, personally appeared ^* r> ^`9,' ' r'. 4 !r."V'T1'a' 1. '1 Titlietof A0c;t ' ' °sr- t>9 ss. day of 19 Before me, known to me (or satisfactorily proven) to be the person whose name , subscribed to the "". within instrument, and acknowledged that executed same for the-purposes therein contained. IN TVITNESS WHEREOF, I hereunto set my hand and official seal, Title of Officer, T do hereby certify that the precise residence and complete post office address of the within named grantee is Fe:?, F Alorl-?_?') 57? /?7e?f? an c s b u ?? f? / 7D?5- 19 It _00 Y, ? 2 P/ir? 5 (IJ 4- •r S _Q ..C ro z zo CD V) cn z z= =o orD . J LL. Z ILJ CD 07 M C) w O_ C:) 4-- ^O (A r- s c ^ ?o vv o H o? 0 Q b0 ii v COMMONWEALTH OF PENNSYLVANIA County of LL)?",).-?hpr?/ / ss. RECORDED on this 0 day of A. D. 19-r in the Recorder's office of the said County, in Deed Book Voi. I?age 61)&3 . Given under my hand and 4J,.e..ms.enl of the said office, tl date, above wrilten, _ C yr " .R),order, 1P By: ture Trad rust C y turn o: n T pang 1 Fo Pl 4tl o, 03 Attn: Documen on Ilateral R ;: 9 ° T p i F G i. E fi , { Parcel ID 1822'0519268. fiEOORGEfi OF DEEDS GUTABERLAti•G 00Uh'TY- P4 :.Y 2006 FEB 28 Pfd 2 26 GrouP9, Inc. 2005 Cabot, Blvd, West Langhorne, PA 1004 ' tit; MM&TBank OPEN - END MORTGAGE HOME EQUITY LINE OF CREDIT Manufacturers and Traders Trust Company NOTICE TO BORROWER: This document contains provisions for a variable interest rate and secures future advances Re£ No.20060111712110 Date : February 06, 2006 Basrower 1's Name John Metro Cremo Borrower 1's Address 808•Madwt St N, Mechanicsburg, PA 17055 Borrower 2's Name Carole J Cremo Borrower 2's Address 808 Market St N, Mechanicsburg, PA 17055 Mortgagee: Manufactw•ers and Traders Trust Commppaanny Mort real estate: 808 N Market Street, Mechatucsbur Cumberland, PA 17055 Book:' Page,? Tax Parcot #: 9' MazlimHm prl;VIM 0(ONE FIFTY Tl~IOUSAND DOLLARS AND 00 CENTS) URES FUTURE EBTED $TFUS OPEN-END :00 EXCLUSIVE OF E SIN EREST AND EXCL SIVE OF ADVATO A NCES THAT MAY BE MADE BY US MER;M PROVISIONS OF PARAGRAPHS 7, 8, 9, 10, 11, 17 AND 22 OF THIS MORTGAGE, I Meanin?q of ame words. In this in , (a) "you" One M&T Plaza, Buffalo, New Yo& 14240, (c) "the .r! ' and mesa EOED's" tinwhether lasn agreerimne means a bbome line of credit as a er or "wo," "us, 'your" and mx ou dated the date ma?gege and oumean Man6&;; Trust Company, signed by everyone signing this mortgage as a borrower File Ref # 20060111712110 Page 1 SBO95PA (12/04) 'BK1941PG3709 . 7. - . t A t and, us, as the agreement wd tg fII? or is chm filtll=or y any re placement o }j?J) aisd4hec signed or is(et ainoRnds palytib now or 14 u binder the can agreement and k ;c T1tCln t • means the teal estate 'J ' I i a condomin 16d unifte dcn a nents desedbod in Section '2 and gage" insane any docwnent g`ly 8 M= en covering any of tits p now or is changed in the replacement of the documeent, as the n s when signed or is changed of mr that. mortgage lien. To secure the payme .You' 11 to uao' y and c% mina mostia mo as the bred in the YOU assure us that (a) you own t,h,,e,?? (b) the as the propatty is five from any C W04 ex W)r an 'claim of r that, resold on the date of M and (g) 3"qiii,have' the aUu to t1s f}yc m'yfire on giving us in f'nhue ma You title to pro , which "the meets that will be aqy y? reepansibla ix . kiss we suffer rental because aayesre other tram you has any clmm to any of 1tYy the , kept for any claim of record on the date as me, or 6. Payment of indebtedness. Unless otherwise ;ement provided in section 23, you must pay the indebtedness, of the 7. Taws, asnewmenia, rents, and cpargea. You must PRY 811Y a$ ground rent or water rig and charge on andd may oth ? other charge i real that, if become a claim on tiro at'tho superior to the mmtpp Han }+Oll sue giViiig u9. estate martgagt, aid, if you do not pa it ovtthln the time by the legal :description set within Which it can be paid withijad any pom?hy, we can, all and other but we wil[,not have to, pay it When we.ask yft toodo sow or.p ace?d iiftlhe inc hn on the =or= reimburse for it whether we paid it uea that are now or become in the forecioara usAlso, when we ask you to do ate by'being utstallod in or an or so, must.pay us'intarest on its unzaraiburaed pmtlon ate, (b) rigfitg yon have.now or as the vmrcimbursad portion were an amount on ?i*1 iii e of ?i3i : Other, rea 3. Loan limits t] 611119 fty Run of rear es= to u . ngm i rte get to a sheet eement and late fee. The loan atal principal amount of adN hmiriid us0a g to $?em?nmlow agrew ulm p:inci, ' i d of this mortgage. fckiananupal_p l timnra paymeata that can var a laic 5x of 2% of the unpaid estate which' you had to pay a finance charge under the` loan in red apteement whether we paid it before or after foreclosure. the CM n and sebU You must promptly repair or ace. I rdmE any WIding that is now or becomes in the.fut ure ect or part of the`ptop rty if it is demaged or destroyed, and, if f : the you do not do so we can, but we will not have to, repair t is set or rebuild it. Mien we ask you to do so, you, must ntaxs, reimburse us for say amount we ppaayy to or rebuild inets it whether we paid it beforeyoarnatizr.. Also, real when :- ftftes on real the uacetmb you to dot of t?it?am as tbough the t$ldng a?tmemmltliiaed, were anxim on which you had xly or a finance chap under leas agreement i?cal wh •we pl id it.bef or alter foreelbstim. yAn ecsar? 9. Restrkdons on Use. Y ou must n of use a ny o f t he )ss property, or allow any of it to be used, in any. way that violaties any legal rosfnction af£xhng its use, and, if you do so, we can, but we will not have to, correct, the xment violation. When we ask you to do so, you must a and reimburse us for . amount wo y to correct it and at whedicr' we paid it" bofom or a8er waclosine. Also, amount when we ask you to do so, you -list :pa ' na interest on e loan tits unriimbn8ed portion of flint er as thrntgh the tti and ? portion welt an amoum t on which you bad It also to pay a fnnmce charge under the• loan agrocm ent Yunt Of it whether we paid it bef E or after foreclosure. after A Insurance, You moat or becomes in the future.marttoof tfhe building nthat ssurand?for cmtlm and fn w befe and after a default, ent of judgment o eCIOSU uy an 4. Prior moriga e. You assure us that (a) Xou have Emerl notified us iswrittmg of any prior mores )there is %XM no d efault under a ny prior mortgage ando? c no p do r bean t yodrmo geprohibits you from giving us the mortgage lien Act 61 gRi4us:i>i this mortgage. it insi polic) ;: t••.. 5:'dt?ovship, claims and right to give mortgage am aocepl File Ref 1t 200601.11712110 Page 2 SBO95PA (12104) BU94IPG3710 against lose by (a) ;fire risiE covered d =,' c) flood: if to is located i bean idemtifiad by Federal A M as an area having )d'hizaids and for which flood insurance has available undeutite NatioWTlood Insurance B or (d) any other risk a?ginst which we want The ms6rence roust, bo prmvidad under a policies and by a 'any or aalnpaaiss to us. Witfinut limiting the prooWing sentence, any policy providing any of the insurance must contain a standard mortgage clams in our favor, You must deliver to us any policy providing any, of the insia?ance unless it ie being held by as utstitutional lender that is the owner of any prior aandu d by 41:i }..+}?q,: 7. ?. x•, us that it is bO3nhel the lIlBtltll ' We asku to so, you must reimburse us for airy panmiuai far any of die 10swanoe we pay because you do not deliver to us the policy providing that mmxwce ar because you do not notify us that the policy ppmrovit i ig that m=a6m is being held7by the r>ietidrtionel lenc}ra, A , when we ask you to do so, you muaf',pay us interest on the unreimbtused portion of the F111 , AM- as though the imreimbursed portion were an amount on which you had to pay a finance charge under the loan a?wnt whether we paid if before or after fioreclome- Ifairy building that is no* or becomes.in the f more part of % is damaged or destroyed, you moat P1plY = ?y ompayy Prong any of the insurance on the building of the damage or destrdddon and provide to the company wiratevor proof of the or destruction it requires. If you do m Y the ?go, .. • we can, but we will not have to, do so. If offers to settle a clairn for yable unddai• `that ins? after the an d am you o wt,;= claim within 30 A4 company naaloes the offer, we can, .r bit we will not have to,, settle, the claim. We can apply any ypaid under a of tiers inkM= to any d?tl y ire not, yet.paid In any order we choose or?ee it to you to repair or rebuild the building. The lication of the money will not relieve you of an gatoto fmpay anyne minimum payment requiiea und, &'dw loan agreement, 11. Payment of takes, assessments, rent, charges and premiums. Ta make sure tat taze% h asmsemai 5, ;iN .._ grongd rents, sewer rents and wet eon the 'i,,;?q. ,a•'sr; ?' and prem>tums`A* insurance on the psopm ails ? ? we can ?ire that, subject. to any lrmitefiam b*dgodby.applfcable law, you.mgkpayus;all amdimts _ - iteoery to pay tlioee items e>?t to extent that dii you.,the money for those items to any institutional 11 is the ownerof prior mortgage. We will hold'ady may you pay us ;those items rn an escrow account, but we will mat hold an noisey "in trust" and no escrow account will be a trust accouat. We`-will not pay irmrest on the . money. To the patent that we are iii the esd6w account to,pay aitX of those Mescrow we it within tbo time wirier watch itcan y penalty. If the amount of money in account is less than, the amount we.pay for those items, you must, when we aSk you to do so, pay us „s a ;;l,;s• . whether we paid before -or after 9 :?..aad ybu msiet? wbmi we ask you to do so, interest on the uopAid portion of the dMasence as Y. the uCL ortonwere an amorist on wliicli you a had pay a charge undwthe loan agreement. 12. Money hodf for other taking. We n (a) direct of ggoo Y o ?? the or receiving a transfer of own ofyany of the property instead of ? rt to drr to us all oney u are entitled to for the i.qr traasfra andm'(b) app the money to any of the not yet pisid in any money will not Order vv choose. The licatiod of the ?Y you of any obh on to pay any bile Ref # 20060111712110 $1)694 PA (12104) Page 3 BK1941PS3711 filt= mii"ityn m payment required under the loan agreement 13. Mowy a ? hmmu ce on coodomleium plumed destel np ii ut roerort. If tine ` Maw a unit in a condomiai»m:project or pla unit Wi t, Yin psy to us say moneyapaid to you under any insurance on the whole candommium Protect or phunnaci unit development, We can apply the motey bo of the indebbedaeas not paid any older we cl ratter th kT9iVMg t to: OU' m the unit. The you e on of the money VM not ireTievc you of payment order the 1ot°ania mmimnm 14. Some other promises. You must (a) lpeep the p0paty in tune n allownod ? -ifi, t .tile if say building that ?'aow or becomes. in the'furore ofdie . ice' is damaged or 3eatroyy?? not:uae. aay property or allow anyofit to be ua illegally or is a try way not a llowed b y a ll p ohaeip a insurance on it, (e) not,abaadom say Of`,Z ((?? not tianebar o . say of the property or 'eery intervat,in any of it vff?out tiritobtaming•onr,peapisaon in writing permitted tondo so by,federdl.•law, (?) not rnimw, bear ten, atnwtcuall y aRxr or change t1ie use of my building or other ' • thnt is=new or becomes m the Mure part of`ffie; - without first abbimmg am permission in writing,' ): not transfer any right to receive any reaW p'.us 5rom any of the property to anyone other thaa without,first obtaining opexonsawa in owi ng, (i) :not cbgnVV ? o luny with6ut o less6 ur won wnfingpmPj ' apt acct Piny, tat payment l an of die mo%our. tp?1 ? n in n (k sot place any resirict?icn on'the ask ea use of MV ` t? bused on airy c c c?p FJ- mo'm?slto nsealy°aas aWy to do so, (m) pay any amotmt t5e-peynient of which is now or m the M" secured by the. motWage, lien;givem m any prior mortgage . th6 date it becomies due, (n) perlgrnr all of your other obligations -under mortgage or any note or 01:1116f dgrverncnt to .whrch? t relates now or in the firtime, `.(o) pro®ptty notify us in $ of p ddBuit under m or a (p}fu amount of =, ow or m se I cured by the mortvaste lienbo fa gtevas in any prior „. _S gr mortgage n o later than days the date it is to become due if we ask you to do so, (q) provide to us no later than 3 days befiorb the date any amount the payment lofwlSi is now or in the liitnre aaarrpd > ?n evideace?m aetisi?y? that`iho pmis to osmt has berm paid if we ask you to do so, (r) nat'emter rope any agf!eMoent c any prior mortgage, (?) not otifaia a Willie* therepeym?eat o£ which is secured by due moilgage lien given in any Prior n (t) use your beat efforts to have the owner o£ any prior m,=-, send tis a. of notice the owner is o sand yea, (u prolinovid a to us a copy eery notice receive from owner of any pier InaVW and trove ca ider neowary to 164 us protect our totmeest m any of the property, 13. A,ddltload condoafthm N'oJ. if the property me or platurod unit aseeeame kt it d lunnt aevel per6orm all of g va?ms the -laws ondo a oylopfnent Op PC) condamimum l?roJ or abaodaaimem or or planed unit dev e terrmnehoa is obWdmoy, our' any si other document that pMect or planned obirtilning our p'enlw' any i7aho decision by t n organ that go platmod unit R maaageme4 and. mim eor if re ' eed Ys? d,pe?,,, trr Its a unrtin a condominium prq?ect development you must (a) pay any by owners association or other versa the condominium pr+aject or by tbde date it becomes duo, your other obligation's under say or other document that creates or rtiini,xn pro Oct or plaeoed 'unit rorr>Qtly noai'y us in writing if say 0 or on the whole lanned unit devavment is not consent to the benmtnslion of condominium pro act t unless the alfanI or 1mqu app}icable law w ithout fast p?a?ron in (o not consent to t chenue e in anv oa by-laws or m in writing, (f) not consent to owners association yr other ne the condominium project or new to terminate prd£oesional gin self-man" a, ' cnt, ' of the or placed unit develowaant 16. Statement of amount due. When we ask you to do so, you must give us 'a written statement wkdowledged beforn'a notary priblic aohfyizg us of tlm- smounTof the indtodasa.not'yyet psid:and whether there is any 'shoi n ld t reaso you i no 3ave to payrt, ' 17 Go r rouse fault under prior me L -W?.e?C8M,, but ''W r71 no err lrave't MAIM IM we. consider t t a , neoaea;y o cmrroc • any under any prw When we ask rler to (16 ' so,, YOU, must us for the zw h •• it I paymon , w en We i&? ?y.voonu to do Y moat pay ut rot t err the umreimb l portion of the payment as thhugh the uniefinbursed oorEton we as a u t wh h ?? re mo n on t you ad to pay a tinaucc charge under the loan agteemont 18. Axdp m,ent of rents. You assign to us all rental pa w9a from any of the teal estate. The asu beco e ati ft m oper ve when, a vM dedgre oil amounts pwlDg tarts[ the loan SgreemCat ply du w make a written demand that the rental payments 3 ? }i rbl , 19: Fnreclesure, If Imam such notices of right to • r ? l carol . and of ge asaistance as are r bqufiied.by appw all auwunts payable wader the but not yet ppssrrd'become immediately doe because we decla them im di el d a , re me at y ue MY to frcloae y, we can b ? a laws or ih,, . it n st the intere by law. The property can y be sold m 1 parcel oar more File Ref # 20060111712110 page 4 SBO95PA (12/04) -194 1 PG 3 7 12 than 1 Parcel. We will apply the money we receive from The sere (s) first to apenew vx y fir atrsngiag or conducting flue sale rrEgD kes ? in Seciwn 21)) aynd dbooic. YOU any of must immeiS beiy t pay us eII of«die" indebtedness r+em2 .1g unpaid after we apply money we receive from 20. Roceiver. If you default, we will be entitled to have ajreceiva by a court to manage the Without utborih' gi the tbc?ivd' veu Court or M'10'vw, in the p?p?y reaeiva can (a) talrt posaesaiaay of ?e peoQecty, (b) entor.urto or cancol.any.laese cavermg o the INovea{v.and el collect eav:rental flavmeet to wtuenm we nav of ioar not r 21. Foredoanve and collection costs. If we hue an attomoy who is not a selart? employee of ours to bring a lawsuut to hwlose our fir t+aet m the Propedy or collect in any other way say of thie indebtedstn ii noty? paid, you must, whoa We ask you to do so, pay'ua C attorna s fee, all coat costa we pay for the laaieiutand All otter expenmes we in oanuecdoa, with the _pty foreclosez, srrch as be"fo ?y sou , report or other cvrdefloe of fiffi to any of the property. 22. Odw y? !ROMML If we hire as attorney who is not as alarled cor of ours to protect a* of our rigors in eaygoof t 9 property, w> tf because of any lawsuit btou you or any else ((such as a banlaugtcy,;probate or condemnation.prating} or for in cotmecdoe. with the lawsuit or aid itbeforeoratlarforeclosur Uyou to do so,yoa ..psy us it on which yon bad to pay a ? amement whetha.we is 23. Other owner. Anyone signag this mortgage as an other owner gg?' us the rtrortgage lien deec abed in Sociion 2 andwhll be bound by a provisions of this eotcept that he or she wrll not have to pay any under dA "It now or becoming payable in the future agmement. 24. No&m Any notice we send you c oncerning this mortal or any of the propeiy *M be aunt to Your cuaeat marling address shows in our records ooWauing this extent linable aw, wavan end?itb'y egulir mafl, Anby you send or deliver to us concgmng this must be in writing -and be sent or delivard to our shown in Section 1 or any other address we specify, including without limitation any notice under 42 i I PA C.S,A. § 8143. 2s. t7gmmte lien. The mortgage lien you are "vmg us m this noortgage is and will remain , and will hbt be meigea into, the norM.0egivn in.' ayy i or, or ffiy oilier MO hen ow 'oftli maetg:ge aro wm have au Ag'vCm us by this mmatg W and am atl :eights given fo the owner of a mortgage by applicable law. 26 Ri his as, owner, of;mortgage..As the. owner of this mortgagee, we will hawa'all rights given us by this also mmot*, bya all: rigwhts given to the owner of a 27 Giving up of rip is by you. You give up any right e to require tbat• we a demand that youpasay of end hose (b} notify you if any of the umbbedneee is to?by' me date if becomes due or (c) obtain a . . that any plaid by the ame duo the tedness was not =gft fF 2L No notice or lossaoffrights. We can, do any of the following without notifvintt you or losing anv right ao-wt (or) with imilarheck or o grder '"said in' full" of the ? indebbedaess, onal?time fbr the as df the iinese re ardl s f th Of k , g es o e ' o f frm we prevrsly aid so sad of tha'lemA any additional time we pravio?• (c) mumcm i f il i ;;.,r..; •' k}r FF''. ve , g a t: o e xraoise o r d clay mcmvmng any r igb ? fail to p ?fCOt? m ?a or properv an , t hith Mi y 0 y er cument proper y must be 6le w any do ni that ?rocorded•m a recotd pablie.record 'or in•any Wier .,WBy For'ampOle, we can d lhi me you un er e Wheats or not we ($ so anyooe:el", (b) a awsuii to fbmclow our i m e co a t o e m 6 h a x p p z y r a us :any oncy w as been,or is of anyone a to pay an y the indebt?ess not ye a .. 24. Changes and 91 ft- rip of rights by us. No change in tcan be made except in a writing signed b va No rI a a ain t ou; the the y s y g Y or ally o r prop belaatt to you now or ace byyou in the i' u hie can bo grvtn up by us except rn a wilting signed by Us; < <` 30 9 2 or more persons sign more. If 2 or more oc a i oe thi l p o gn s s s a l o? them will be , individually and toB le under it, and, except to s dle extent r=gby livable law we can send or deli er ti ' v any no ce corccmnst it to arty of them, and the notice will be effective for a1Fof them. 31. Conflicts. If an part of this mort gage conflicts with a?p fcable law the law will control, and this mortgage wig be coasi?ered changed to the extent n eceasary to comply with it. File Ref # 20060111712110 Page 5 SBO95PA (12/04) BK•l941PG3713 32, Continued effectlvaams. If any pmt of this is by•a oaurt to be inWid, the rest 33. Early release of qwrt made and the ,Kris namtovi lien ym a e drvma us°m-this mwtimik will not state and (b) to the extent applicable, lbdmr law. 35. Eatlre :moment. This ram VOO is the final and lea agreeztiaiu between ns ooneanng the )tan You arc?gtvmg its m ihk= fiem . A oyf clUr maple yore is mot part of this 36. Agreement and wknowledpant of receipt. You asme to be kmaDy d W k6wleb die r?ipo eletod copy of the I&m agreement aim of this nrartgage. t ?l I I l . ;r„1={ yr,'? j I y 1 I 2104)117'2111 page 6 r'1, •Y. COMMONWEALTH OF PENNSYLVANIA } ) ss: COUNTY OF SCHUYLKILL ) On this, the day of je br u A/ 2006, before me, a Notary Public, the undersigned officer, personalty appeared John Metro Cremo, Caro J Crew known to me (or satiisfacto * proven) to be the person(s) whose name(s) Ware subscribed to the within instrument, and admowledged dial be/sh&%ey executed the same for the purposes therein cornained. WHEREOF I h to set hand and fficial seal I ,. M&TP I SIGNATURE ACKNOWLEDGMENT . ereun my o NotaryPublio MMON? p NNBYI.?lAN1A N** SW [Notarial Sec Dews M SWWk Nouq Rzbk CRy a POO^ S&UAG coiv W dwm* m E> Apr. 23,20M Member, pennsovanfa Assodatbn of Notaries a• residence of the within named mortgagee, Manufacturers and Trad= Trust Company, is One lava, , New York 14240, Signature G.c.?/ Agent on behalf of mortgagee Schedule A to be a txcbed prior to reeordlug g g. 1C File Re # 20060111712110 Page 7 SBO95PA (12/04) R 1* 94 1 PG37 1 5 tl I? w 'Schedule A' NAME(S): JOHN METRO CREMO AND CAROLE J. CREMO LONG LEGAL: ALL THAT CERTAIN PARCEL OR TRACT OF LAND SITUATE IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA AND BEING THE SAME REAL PROPERTY CONVEYED TO JOHN METRO CREMO AND CAROLE J. CREMO BY DEED ON 5/28/1987 AS BOOK 32R PAGE 00663 AMONG THE OFFICIAL RECORDS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA. SAID DEED REFERENCE MADE HEREIN FOR A MORE FULL DESCRIPTION. TAX MAP#: 18-22-0519-268. I Certify this to be recordcrj In Cumberland County PA 4 Recorder of Deeps BF 194 1 PG •3 7 16 VERIFICATION The undersigned, Thomas S. Lee, Esquire states that he is an attorney for the party in the within action and that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the documents; and that he has sufficient knowledge or information and belief: and that this statement is made subject to the penalties of 18 Pa.C. S. 4904, relating to unsworn falsification of authorities. Dated: Thomas . L squire Attorney for Carole J. Cremo ?? ?u ??` j3 1 ornpan P Bey: ufacture Trod rust C y turn o: pany 1 Fo ' PI 4 o, 03 Attn: Dwmmn on Ilateral '''y Parcel ID #: 18 22.0519 268, h E ORDER OF DEEDS ;<:..,. CU)48ERLAtiD COUt!TY - ?A 2006 FEB 28 PM 2 26 Group9, Inc. 2005 C,abot, Blvd, West Langllm'r1Q, 10041 OPEN - END MORTGAGE ..M MEBank HOME EQUITY LINE OF CREDIT Manufacturers and Traders Trust Company NOTICE TO BORROWER: This document captains provisions for a variable interest rate and secures future advances Ref. No 20060111712110 Date : February 06, 2006 ' Boi rower I's Name John Metro Cremo Borrower 1 s Address 908 Market St N, Mechanicsburg, PA 17055 Borrower 2's Name Carole J Cremo borrower 2's Address 808 Market St N, Mechanicsburg, PA 17055 i Mort'pe: Manufacturers and Traders Trust Company Mort real estate: 808 N Market.Street, Mecf i:sburg. Cumberland, PA 17055 Boole Pale:??, 50 000: Ta: Parcef #c 0519 Mxxhvi ?68 j prindp?I aason'n' (ONE HUNDRED FIFTY TEOU00SAND DOLLARS AND 00 CENTS) $ TMS OPEN-END 150:00 EXCLUSIVE OF'E S1N' MT AND EXCLUIV ` EE OF ADVANCES THAT TM MAY BE MADE BY US UNDft THE PROVISIONS OF PARAGRAPHS 7, 8, 9, 10,11,17 AND 22 OF THIS MORTGAGE, 1. Meaning of some words. In this m?u ge, (a) "you" One M&T Plaza, Buffalo, Now York 14240, c) "the .r! ehd mesa s s this whether In means a home e?uty line o credit as a oimwer or other ownvanly. "wo," "us, 'your" and agreement dated the date of this mortgage and "ours" mesa "do ts Trust Compsay, signed by everyone signing this mortgage as a borrower File Ref # 20060111712110 Page x S]3095PA (12/04) 81'{ 194 1 Pc 3 7' 0 9 l Ft, i I 7.,;''7.r, us, as the agreement exists now or is changed in the You aeauo us that (a) you own the mp) the M or any n?Pleoetneat of the as the property is fitix from any claim, exVCept nor ?'cTaimof edcirts when signed ' is a ao togs t a?? ?payabt now or payable in the fuhrre iihdiiii, bin 1 agrocsneatthrs ?ri , (o) ""the propeaty" moans the real estate, rental payments, described in Section 2% And (f) 'prior mortgage means any document VVH a presently existing mortgage lieu covering any of the, as the dncumout? eusts now or rs changed in any rusplaeeI of the docrnn n as the replacement exrste when signed or is changed- that 2. Mortgage Hen. To secure the payment of the indebtedness, you give us 'a, mortgge lion covering and *Cby JPW and convoy to us (a), the real estate scribed byth address sfio? at the be . &nmg Of dig as Mort 911 estate and described more by the le ,ption set forth in Scho<hiIo A , inc all and other NWIdifiz vamaifs located now or.p inthe on the eatabe and all fixttune that are now or bocoiie is the future:?art of the real estate by b6ink installed in or on or affnued to the real estate {b) fijIts you have now or acquire in thelitu re in rise real estate or?other real estate because you own the Waal estate, including, if the real estift is part of a coudansiainm ectn in the common s and fscilities of the Eobdo?mim? p" record on the daft of this mu , aed (c) you ffyi the LO I =.1 IYou tide to . p?eoporiWhich means tlflt YOwill be r' Q any Ines we ?1F se aayoue other thaw yuu has any claim to ray of of ' 0x!w ? any claim of record on the date 15 Payeteut of Indebtedness. Unless otherwise provided in section 23, you must pay the indebtedness. 7. Taxes, apaements, rental, and dtargea, You oust Pay any aaeesatn=4 ground ie>rt, sewer rent or water Upon and any other tax or other charge if >?=tern ito claim on the mortgage lien ar?.Juq in m do no it v v?tbm the tune madtgagszan-tcsnl?, , withwrt aid any penalty, we can, but we will not haw. fie, pay it. When we.ask you to do so, yuxt must rraaiburee us .for it whether we paid it before cr a$er foreclosure Also, when wo ark you to do so, must pay us intenat on its u buused portion as t?UM the mmcimborsed portion were an amIount on which. YOU hod to pay a finance charge under the loan agreement whether we paid it before or after foreclosure. act, IL Rmnsirs- sad rebuts am You must aro=dv repair or crater a. payme?ct from as of the real estate. If Riaw; the name ofd the } part do umf level t, roen.vroieict or plamned unit develoomeat is set or rebi: Fft=owndkzhv ' of real estate ha real estate 10 get to a strut: Loan agreement. and late A at t do so vNe caq but we will not have to, repay it then, we ask you to do so, you, must us for any amount we to re?av.or rebuild we paid it before yoaruafUar focbcloa ; Also, isk you 10 do, of Pamount ay Us Intarest as thou& the sad vase an ZMOU*t on whichh , YOU hsd flnih6e; charge under the loan agreement e.paid.;Wbefore or afterr fior6dlo rec. 9. Restriction on use. Y ou must n of use a ny o f t he piopat}r, or allow any,-of it to be used, in any way that viol s any legal r+ lion affecting its use, and, if you sweepment p.rovulos tier a n a nouai p ercentage, r ate and rmreimbum riecp ked imuat ysnenia that car- It also to pay 's t d6s PUY] , for a late Tix of 2% of rile amount of whether we ray rmnrmum not ppaaitd vsnthinn after it btcmnts due, of 20.00 whic?rNer is ?reata Yea agree 18. Isaurai that rho interest rate set forth in the loan agt+eemcnt will or boma6es and iiureeloa?irere and after a default, entry of judgment our b .Y cdcn? 4. Prior mortgage. You assume us that a ou ha in an acre ve notified us in writing of any prior ? g(e) there e * - my no d ofault under any prior mo tInPA gme ion ? c no p ri is or ::Z ham made ni .ge.proh'bits you from giving us the mortgage lien Act of 196E a Y. K t I yot? a.++ss giving us iii this mortgage, it insured. licy S `0wumhip, claims and right to give mortgage lien. ?a eotsble l File Ref # 200601.11712110 page 2 SBO95PA (12/04) j BK 194 1 PG37 10 gut we will not have to, correct the we ask you to do so, you must any atnotmt wo pay to correct it it before or aftu fbrecloauie. Also, to do SO, OqI'mist' Ua meat on portion OtYt?t' =as though the ron.Vere an amovat on which yda had chr igc under, , the loan agrotmnemt before or atterc foa+eckosurre. ru must keep any builftx that is now or (a). any omer ria spun which we want The must, provided u>xbr a plicios and by a ' . o . pony or companies to us. Without .limiting the pug iS. l contak aanstandardy ortg mnst deliver to ti env insurance unless it is be lender that is the owner c notify us that it is being 1 ILA. ru to any =T ,fer?'S of C1G z to yo? mmurae or because you . vidiniz that `insurance v Issue, ; when we a us interest on the umeiml as though the umvimbum which you had to y a If arty bu11t1 g that is bov of -tfie vrvoerty is dame msuran and pr( dwnW ofam t . , m k5uhm . h but we it t 11. Rz: prendu . , .: n ecxas 3 . .' ?? yy lender i hold art vide to or destrv but we a > Bottle -a or of o insurance mast future minimum payment required under the loan our favor. You agreement ling a% of do prTertj onal'lesoda. 'Pa M pmm ennb71t8C_!18 for we pay" bectrse U136 CIO so, Mug f? i - i port m o Arbon were an amount on e charge under the loan un? afore or A= fbreclosure. 14. meows in the fora pert Pro or destrroyixl, you r t pro f y providing any of the de damage or destruction d e of l whslovar pprroooof of the ' of t If you do not do so, yes.' in a aloes the oi3et, we can, claim. We can 11 aehooee o or or on the Bak any ,. cim to pay "timed items accept to the -that ;mguo?v y= the money fior those items to any inadtabonral to do so, {m the a is now or m the owner of I?rier we will Be money you'pay us those items m an escrow m any Pder m we WM not hold " money "ia trust" and lam an of no escrow account will be a ftust We will not payy?i,z?tereat on the money. To the eabant that 'we are 8 itt the efecrow account to paY s of hose itemsc wopay it within the tide within which it can the paid without any paaWty. If the amount of money in th lbw account is less than, the amount we pay for those items, you must, when we ask you to do so, pay us whether we paid before or ifor ,f ^ y°:i'>„" $lrp and ybu must; whew we ask you. to do so, y >ntetesr on the unpaid potlion of the diffiereooe as El mortgage or any note or otber agreement to which it reiaties now or in the future,_,(o) promptly notify us in Writing of soy default under 4d or' lP? y any amotmtt fifes paymcat of v, bk i is now or m fumtc secured by the lien given is any prior mortgagee n o later ? 5 days befaz the date it is to bbboW due if we ask `you to do so, (q) provide to us no lalw;dian 3 days before thledate say and the payment of which is now or in'thc lbtfine seemed by the acct lien given m any pm mortgagb is to become-duo 1 S . i 'the u cporhto>Y were an amount an V1'W{ill you had' pay's char e underthe loam a reement: if *6 g g ' chaw a ` 1122, Money d for other We an (a) direct of the property or ree civmg a has of o ?t of any f ttf @ the n your I o e pmpeity instead of ? it to pay d n to us all money you are entitled to for the W ;d= and'(b) app the mone to an of the ' not o y y t order we choose. The licatiou of the paid will nany yet mone na f bfi t time o y you o any o y o pay any on any o f.._k... ;; File Ref # 20064111712110 Page 3 A (12104) BK1941PG37I! tray -b Us amount ban padd caw into any Yb to Pdor , (rmo ?o((s)nat o advance the, rgfaymmmyot of which is secured by mort; aet? ? havve athe oowwner o ' (t) use any pr)gr send us a. Of notice the owner 1B aXW D send you, (ProPnovide to us a copy Lice recxitve f vift owner of any prior ids vneccessary to Siam p usePiotwt Our mterestat m property, __.._. -- T_ 16. Statement of amount due. When we ask you tD do so, you must give us' a writtan statement aclmowl beforea notary public ar?tifying u6 of ew-tow amoudof the i»debtiednd not yet paid acid ?vhotha dent is any reason you sliouldZ have to pay it .17. Co default under prior mortgage. We can, ,''fit ?r3?;, 3i1 tfat via will `haverto, maim 98 we consider raaary m • correct • any f under any prior Whan we ealE you to do $o, you must uS for the PeYmont Also: when we ask to do so, You meant pay ua mterest on the woreiod• t i ' partip of the psymant as thbU2h the udeiftibursed rd, wore an amount on whieb you had to pay a ilnaace charge under the loan agreement 18. Aselpment of rents. You assign to us all rental Will' bOCOrm any of the real estate. The assignmeat amounts o - operative when, after we declare all gm= immedialbe due, we make a written demand tFzt the rreental tsls be paid to us. a 1`? }gib 19: Fbreclesura if after givin such noticas of right to Cure: , sad , of?gency mo assistawe as are squired by applicable l$w all amounts payable under the I i ,' , : loan . but not yet ppsstt'd become immediately due, •'=because we deelaw them immediately doe t -F or i any other vvay, we can bring a lawsuit b fw6close our interest in rile pwpaty by having it sold as provided by law. The property can be sold in 1 parcel or more File Ref e 20060111712110 page 4 SBO95PA (12/04) ::• ;rr' 1f:t:,5::. :: 9K 19,4 l PG 3 7 12 than 1 proal. We will apply the money we reooive fom The sare () first to CXPWM for s mraqft or ominlm- tM ax a* nu £ees21) and ana hoose. You not y paid m order vM cinddtedness "a Cym ? money?we reocivo from the sale. 20. Receiver. If Ydefauk, we will be entitled to have a rexxiva Aft o by a court to manage the without anutt?osih' given the reciver cvtmt or .. .. b , ra >nsnagiag the_Mverty, the CMWAq od1lec any nt?al ?a?ma receiver ?U 1y - ma any TIMP u or the rpoer"a P" " as not 21. Foreclosure and eollecdon cats. If we hire an atbinay who is not a salaried employee of ours to bring a h?weuit tD fioeeclose Our alteraat in the or collect in any other way my, of the bdebt dncasai yet P.id,,;yorr ?, when we ask you to do ao, pay us re BttOlaCyWfee; all court costa we pay for the likoWit sad all ` Othec . ?penses we pay m ammeohoa with the fbr+bcloarab, ariCh as be for any 07CimlNh00, report or other evrdaaee of to any of tine property. 22. Other mpennes.1f vve hire an attorney who is not a s a yea of ours to protect any of our erg , s in any oft property, w hediar because of any laver it brou* by you or anyone else (awh as a ,probate or condemnation proceeding or for ani+eason, you rust,wbed' c ask'yy'outo doao, ramburbe us for the attorney's' fee and all 'oth+er we in connection with the lawsuit or defiense w we aid "it b eibre o r a fDer f orw4osum Also, when we ask You t0 do so, yoa'nwA pay us interest on rose a s t hou0i duo u mei> d-por tiou w ere a n at on which you had to p?cy a •fiaaaoo charge mxk r Naa awkwick whetbw.*6 paid it before or after 23. Other owner. Anyone arguing this mortgage as an other owner us the mortgage lien described in Section 2 and w ill be bound by a1111 provisions of this , mr- . that he or she will not have to pa any payable n6w or becoming payable in the future under the Than agreement 24. Notices. Any Oz ? we sexed v you cbeonceming t his mortgage or propqrt ur siont to yo current muling?addreee s&v& in our records omwernmg this Except • to the extent prohibited by hcab. am , we•c an s end it b y r egular mail. Any you send or deliver to us cowing this mort&W anent be in writing -and be sent or delivered to our &Wmm shown in Section i or any otter address we specify, including without limitation any notice under 42 r . " ui r" PA. C.S.A. § 8143. 32, Cond9aued effectiveness, If any, part of this mompp is. determined by,a court to be mvahd, the rest m this =mortS - is amend will temem sc rtM Hm you ero giving a ?ro rn, will rein in effect well trot be mo,god into, the mortg?ige Tien glo ss ca any prror tnnatgage ar any other an owner of this +o win have ails van e s b this y t i 33. Esrly rdeaae.of nor a&*. Ibis mortpp and the moctgige lien yaa am gg'rvrvm? u?ein this will not end ti th ?i lt i f ll ?,. u y a a g ?g w mortgage and also all rights given fo the owner of a mere sanes e , e e aess m u at any tmye dr :period ai}vaaces can mortgego by applicable law, radar the loan arnineat, They will end during that 26 Rightx as owner of mo rtga e. As thy. owner of this g will h all hts i b hi cal if we ruse t hem. We win release them u-; ti>atYpexiod fregL ?' $ h d t t i d i mortgage, we ave ng g ven us y t s t a e t me aro o so r is paid m full. mortgage and a]so all rigbts given to the owner of a mortgage by applicable law. 34. What 1Rw legal 4c . &L Any win decd m scea?oaoe with (a this t.2p 27 C,ivfug ug of by you, You give up any ri gl: . Peeou&w6s aw without regard to the Uw of any other state amt (b) to the ci-r i app 'cable fiederaTlaw. that we iemand that you y of ee ttt?s no ?ypou if of the Pamdebba?dnees is notes d m bye) dabs; beeom due ar (c) obtain a i h f th i d b d 35. Eutlre VWment. This ie the final and com&W agv betwean ooaomtinog the s stat ng t at any o e n e te ness was not Fen you are giving na m thi Any age. .,: paid by the date it became due. slateaoeat ooncdaing tiro lieut ma do any of t rF ?. 2& No notice or loss of-,rights. We can do any Of file or no of this t our Y anyone ut P? following without sotifyifig you or losing any right agaiIISt You, the property or any other propea#y 36. Agreement and t of reodpt. You belongin to you now or acquired by urn the.futore: k c a d r i th full" agree to be bound by all provisions of this r d a t 6 j l or o ( a) a c p any chec er or e n or,vfifh, sannar la*guar as a.pay_ met of ? of the mo tgage sa r . rncacpt o a eted copy of the loan agreement antrof tills mortgage. any of the iadebMedipe-ss, regaralena of the number' of times we oiely did sa and. of the length f d io= E , , klf 4""y any a omal time we prev o , (c) exercise, give , f a i l t o-e xeaoae O r d clay axmcistag aniy:r ight pecaoa Cr properly; or ? fail'to; t any many* property, whiffler ?y Me or MW document that must be fried or r&orded in a recikd any publicro : corrl or is any otear wayy.For example, we can sue you iutder •this wliettur or not we (a) sue i n2 a anYaoo else, (b) bri wsu i to foreclose our mmm m the` or (c use any looney that has been or is us bb anyone elm W pay an of I y the l yy a d tedness i 24. Climes and giving up of rights by us. No change in this a can . made except in a writing signed ri •`a t byus . yOr y w be to I ou X ca b p n ? w it n e v u by us excelrt tm in a g signed by im- ' 30.9 2 or more persons sign mort?e. If 2 or more Pte' sign this all or them will be, di tl ll l t, m v ua y and to -diet e under it, and, except to the eaiteat rcquiroa by applicable law, we can sand or deliver an notice g it to any of them, and the notice will be effiectiI of therm. 31. Confkb, If any part of this mortgage conflicts with aa??pplicablo law the Law will control and this mort .0" , M. bo coasire rod c hangod to the extent n exessary Lo comply with it File Ref # 20060111712110 Page SBO95PA (12/04) BU941PG3713 .'•}'r'YS'' till, I Page 6 .L = . to ' . ,.j?rost ji, t.Bi' • 'r SIGNATURE ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF SCEs YLK LL ) On this, the day of br u AA 2006, before me, a Notary Public, the undersigned officer, personally appeared John Metro Cremo, Camj!j J cmmo known to me (or satisf»ctorily proven) to be the person(s) whose name(s) Ware subsenood to the within Instrument, and admowledgod that belshavlhey executed the some for the purposes therein contained. WHEREOF, T hereunto set my hand and official weal. ;Rg" ,t; ti Notary Public tW TN OF?ntie NNtsvtrVANtA .6 :.t 'Nola W seal [Notarial Seal] Deus M Ork% Notary R tNc •-" cxyot,? . ?? f t'iprm iaeioe, E)OW 23, 00 member, Pennsylvania Asaodatbn of Notaries Ap: Y ced{fy ,, residence of the within named mortgagee, Manufacturers and Traders Trust Company, is One T : M&T Plain, , New York 14240. I . Signature akLl,.c.y - I Agent own behalf of mortgagee Schedule A to be attached prior to recording ? o U • ,.: • ; o , File Ref # 20060111712110 SB095PA (12/04) o0 ate. a o w Page 7 .... R:1 94 1 PG37 1 tl 'Schedule A' NAME(S): JOHN METRO CREMO AND CAROLE J. CREMO LONG LEGAL: ALL THAT CERTAIN PARCEL OR TRACT OF LAND SITUATE IN THE BOROUGH OF MECHANICSBURG, COUNT' OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA AND BEING THE SAME REAL PROPERTY CONVEYED TO JOHN METRO CREMO AND CAROLE J. CREMa -BY DEED ON 5/28/1987 AS BOOK 32R PAGE 00663 AMONG THE OFFICL L RECORDS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA. SAID DEED REFERENCE MADE HEREIN FOR A MORE FULL DESCRIP'T'ION. TAX MAP#: 18-22-0519-268. I Certify this to be rec;.orcc;ci In Cumberl'nd COLInty PA . v'",rF A,?Yi ?,lro RecordeT of Dees 1 94 1 PG.3 7 1'6 VERIFICATION I, Carole J. Cremo, verify that the averments in this Additional Defendant Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date Carole J. Cremo CERTIFICATE OF SERVICE AND NOW this 9th day of March, 2012, I hereby certify that I have served a copy of the foregoing document in the above captioned action by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: Mark D. Bradshaw, Esq. Stevens & Lee, P.C. 17 N. Second Street, 16`h Floor Harrisburg, PA 17101 Counsel for Defendant CALDWELL & KEARNS, P.C. By: 06532-002/187724 c? Stanley J.A. Laskowski, Esquire r l i rri Attorney I.D. No. 37422 c Thomas S. Lee, Esquire Attorney I.D. No. 89440 `--fQ CALDWELL & KEARNS, P.C. C- ; T-i 3631 North Front Street - Harrisburg, PA 17110 ? 717-232-7661 717-232-2766 (FAX) Attorneys for Plaintiff Carole J Cremo CAROLE J. CREMO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 12-123 Civil Tenn M&T BANK CORP, : CIVIL ACTION - QUIET TITLE Defendant PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Carole J. Cremo, by and through her attorneys, Stanley J.A. Laskowski and Thomas S. Lee, Caldwell & Kearns, and files the within Reply to New Matter, and in support thereof avers the following: 17. Denied. Defendant's allegation constitutes a conclusion of law to which no answer is required. 18. Denied in part. Admitted that the property is held jointly by Carole J. Cremo and John M. Cremo. Denied that Carole J. Cremo ratified unauthorized signatures. 19. Denied. Defendant's allegations constitutes a conclusion of law to which no answer is required. Respectfully Submitted, Date: March 9, 2012 By: -- tanley J- A. L wski, Esquire Attorney I.D. #37422 Thomas S. Lee, Esquire Attorney I.D. #89440 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 171 10-1533 (717) 232-7661 (717) 232-2766 Attorney for Plaintiff, Carole J. Cremo VERIFICATION I, Carole J. Cremo, verify that the averments in this Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date Carole J. Cremo CERTIFICATE OF SERVICE AND NOW this 9th day of March, 2012, I hereby certify that I have served a copy of the foregoing document in the above captioned action by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: Mark D. Bradshaw, Esq. Stevens & Lee, P.C. 17 N. Second Street, 16'" Floor Harrisburg, PA 17101 Counsel for Defendant CALDWELL & KEARNS, P.C. By: 06532-002/187656 x,- , F ILED-0 !" ICC: f? RiE PROTHONOTARY Stanley J.A. Laskowski, Esquire Attorney I.D. No. 37422 20' 12 MAR {4 Pik + : j 7 Thomas S. Lee, Esquire Attorney I.D. No. 89440 CUMBERLAND COUNTY CALDWELL & KEARNS, P.C. PENNSYLVANIA 3631 North Front Street Harrisburg, PA 17110 717-232-7661 717-232-2766 (FAX) Attorneys for Plaintiff, Carole J. Cremo CAROLE J. CREMO, Plaintiff V. M&T BANK CORP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 12-123 Civil Term : CIVIL ACTION - QUIET TITLE PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly affix the Verification of Plaintiff Carole J. Cremo the Complaint filed with the Court on January 12, 2012, in the above-captioned. Attached as Exhibit "A", please find an original executed Verification of Plaintiff. Respectfully submitted, CALDWELL & KEARNS 4?? Date: March 14, 2012 By: Thomas S. Lee, Esq. Attorney I.D. #89440 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 tlee@CKLegal.net Attorneys for Plaintiff, Carole J. Cremo ???? ?? VERIFICATION I, Carole J. Cremo, verify that the averments in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date Carole J. Cremo V4 CERTIFICATE OF SERVICE AND NOW this 14th day of March, 2012, I hereby certify that I have served a copy of the foregoing document in the above captioned action by forwarding a true and correct copy of same by First Class United States Mail, postage prepaid, addressed to the following: M&T Bank Corp. 1 West High Street Carlisle, PA 17013 CALDWELL & KEARNS By: 06532-0021187864 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - : ' Jody S Smith Chief Deputy Richard W Stewart Solicitor rr 'P1? MAP 29 A''? 21 PEt%NSYl.V 11 Carole Jeanne Cremo Case Number vs. John Cremo 2012-123 SHERIFF'S RETURN OF SERVICE 03/23/2012 01:49 PM - William Cline, Corporal, who being duly sworn according to law, states that on March 23, 2012 at 1349 hours, he served a true copy of the within Complaint to Quiet Title, upon the within named defendant, to wit: John Cremo, by making known unto himself personally, at Williams Grove Flea Market, Williams Grove Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. Deputies were advised, John Cremo currently resides at 8 Cicada Drive, Mechanicsburg, Pennsylva ?50. °a I LIAM CLINE, DEPUTY SHERIFF COST: $38.45 March 27, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF C y.- - '• CAROLE J. CREMO, Plaintiff V. M&T BANK CORP, Defendant V. JOHN M. CREMO, Additional Defendant IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT QUIET TITLE 12-0123 CIVIL ACTION IN RE: PLAINTIFF'S MOTION TO COMPEL AND SANCTIONS AGAINST M&T BANK CORP ORDER OF COURT AND NOW, this 1 Sth day of October 2012, upon consideration of Plaintiffs Motion to Compel and Sanctions Against M&T Bank Corp, Defendant M&T Bank Corp is hereby DIRECTED to file a response to Plaintiff's 30 March 2012 Request for Production of Documents and Things within twenty (20) days of the date of this Order. No further relief is granted at this time. THE}CQURT, Thoma A. lacey C.P.J. Distribution: -U? ? - ?Thomas S. Lee Esq. ° - , 3631 North Front Street E Harrisburg, PA 17110 ? ?-- ti -,-_ Attorney for Plaintiff s : ,- 57 ---j o ? Mark D. Bradshaw, Esq. 17 North Second Street, 16th Floor Harrisburg, PA 17101 Attorney for Defendant John M. Cremo 8 Cicada Drive Mechanicsburg, PA 17050 Additional Defendant, pro se Cop; e3 ma, leo' WI- PRAECIPE FOR LISTING CASE FOR JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a Jury Trial. r�a i== -< A CD '7 r CAPTION OF CASE jentire caption must be stated in fulll Carole J. Cremo (Plaintiff) vs. (check one) Q■ Civil Action — Law ❑ Appeal from arbitration (other) No. 12-123 Civil Term The trial list will be called on June 17, 2014 M&T Bank Corp. and (Defendant) vs. John M. Cremo Pretrials will be held on July 2, 2014 (Briefs are due 5 days before pretrials) Trials commence on July 14, 2014 Indicate the attorney who will try case for the party who files this praecipe: Thomas S. Lee, Esquire, 3631 North Front Street, Harrisburg, PA 17110 Indicate trial counsel for other parties if known: Mark D. Bradshaw, Esquire, 17 N. Second Street, 16th Floor, Harrisburg, PA 17101 This case is ready for trial. Signed: -� 1 VL6-Y►��.2- .�. Print Name: Thomas S. Lee, Esquire Date: May 8, 2014 Attorney for: Plaintiff, Carole J. Cremo $49.15 PD /MY cifba.'l q& 0'305(08/ CAROLE J. CREMO, Plaintiff v. M&T BANK CORP, Defendant : CIVIL ACTION — QUIET TITLE t4piti °9 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 12-123 Civil Term JOHN M. CREMO, Additional Defendant 2 _ PRAECIPE TO REMOVE CASE FROM JURY TRIAL LIST CD -. ›'"C7 TO THE PROTHONOTARY: r This case is currently listed for trial on the July 2014 trial term. Please remove this case from the civil jury trial list. Date: a - By: Respectfully submitted, CALDWELL & KEARNS, P.C. p Thom S. Lee, Esquire, I. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766/Fax tlee@cklegal.net Attorney for Plaintiff 89440 • • CERTIFICATE OF SERVICE I, Thomas S. Lee, attorney for the Plaintiff in the above -captioned matter, certify that I this day served a copy of the foregoing Praecipe to Remove Case from Jury Trial List upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Date: 6-' b (tf 06532-002/FL*10784 Mark D. Bradshaw, Esq. Stevens & Lee, P.C. 17 N. Second Street, 16th Floor Harrisburg, PA 17101 Counsel for Defendant M&T Bank Corp John Cremo 8 Cicada Drive Mechanicsburg, PA 17050 Additional Defendant CALDWELL & KEARNS By: *ft_ tz4.o.(_ PRAECIPE FOR LISTING CASE FOR NON JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a TRIAL WITHOUT A JURY. CAPTION OF CASE {entire caption must be stated in full) Carole J. Cremo (Plaintiff) VS. M&T Bank Corp. (Defendant) vs. John M. Cremo (check one) ❑ Civil Action — Law n Appeal from arbitration C Equity (other) No. 12-123 Indicate the attorney who will try case for the party who files this praecipe: Thomas S. Lee, Esquire, 3631 North Front Street, Harrisburg, PA 17110 Civil Term Indicate trial counsel for other parties if known: Mark D. Bradshaw, Esquire, 17 N. Second Street, 16th Floor, Harrisburg, PA 17101 This case is ready for trial. Signed: ""J Date: 7 -17 Print Name: Thomas S. Lee, Esquire Attorney for: Plaintiff, Carole J. Cremo 4aq.96 PA AM/ CD11,110 P 368(08y CERTIFICATE OF SERVICE I, Thomas S. Lee, attorney for the Plaintiff in the above -captioned matter, certify that I this day served a copy of the foregoing Praecipe For Listing Case for Non -Jury Trial upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Mark D. Bradshaw, Esq. Stevens & Lee, P.C. 17 N. Second Street, 16th Floor Harrisburg, PA 17101 Counsel for Defendant M&T Bank Corp Date: 7,, ( 7 I y 06532-002/FL*10789 John Cremo 8 Cicada Drive Mechanicsburg, PA 17050 Additional Defendant CALDWELL & KEARNS By: (iLoN r� CAROLE J. CREMO, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK CORP., : NO. 2012-0123 CIVIL TERM Defendant V. JOHN M. CREMO, Defendant ORDER OF COURT AND NOW, this 18TH day of AUGUST, 2014, a pretrial conference i the above captioned matter is SCHEDULED for 44,464 ?NL, ddf A in Chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. Thomas S. Lee, Esquire �I�ark D. Bradshaw, Esquire �dohn Cremo Court Administrator :sld /9//y Edward E. Guido, n� ---I : a -t CAROLE J. CREMO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 12-123 Civil Term M&T BANK CORP, Defendant : CIVIL ACTION — QUIET TITLE 2 -7' .70 rn C° JOHN M. CREMO, mrn Additional Defendant cpr- -<> C--") r - ZD PRAECIPE FOR ENTRY OF APPEARANCE > (Ji TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, Carole J. Cremo, in the above - referenced matter. By: Dated: August 29, 2014 Respectfully submitted, CALDWELL KE .C. Michael D. Re d, Esquire Attorney LD. #35193 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiff Carole J. Cremo CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Mark D. Bradshaw, Esquire Stevens & Lee, P.C. 17 N. Second Street, 16th Floor Harrisburg, PA 17101 Counsel for Defendant M&T Bank Corp John Cremo 8 Cicada Drive Mechanicsburg, PA 17050 Additional Defendant By: Dated: August 29, 2014 FL00014769 Michael D. Reed, Esquire Attorney I.D. #35193 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiff Carole J. Cremo CAROLE J. CREMO, Plaintiff • • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • ▪ THE NINTH JUDICIAL DISTRICT v • . CIVIL ACTION - QUIET TITLE ...,,. -7:7 -0. M & T BANK CORP, Defendant 1 v : 12-123 CIVIL TERM JOHN M. CREMO, Additional Defendant : c 9 ...... -.T.7' 1\l' ......i ::,-).. IN RE: PRETRIAL CONFERENCE A pretrial conference was held this 3rd day of September, 2014. Present on behalf of the Plaintiff was Michael D. Reed, Esquire. Present on behalf of the Defendant was Mark D. Bradshaw, Esquire, and Additional Defendant, John Cremo, was pro se. This is a bench trial involving an action to quiet title. The sole issue is whether or not wife signed the home equity line of credit, note, and mortgage documents. While the case is not technically at issue, it will be brought to issue before any trial can be scheduled. All that needs to be done is for the Plaintiff to take a default judgment against the Additional Defendant and for Defendant to complete the deposition of Plaintiff. The parties are directed to complete those actions before October 15, 2014. There are no complicated issues. While the Defendant has an issue with regard to the admissibility of the Plaintiff's handwriting expert's testimony, we feel that having a separate Frye hearing would be unnecessary. Since this is a bench trial the judge can decide the admissibility after hearing the testimony on qualifications at trial. It appears that the Plaintiff works with my wife and therefore this case must be assigned to another judge. The parties agree that the judge can schedule this for a nonjury trial any time after October 15, 2014. It should take one full day to try. The parties have attempted mediation to no avail. Settlement is not likely. By the Court, Edward E. Guido, J. Michael D. Reed, Esquire 3631 North Front Street Harrisburg, PA 17110-1533 For Plaintiff ..Mark D. Bradshaw, Esquire 17 N. Second Street, 16th Floor Harrisburg, PA 17101 For Defendant M&T Bank Corp Cremo 8 Cicada Drive Mechanicsburg, PA 17050 Additional Defendant :mae IQS /121ct, cti CAROLE J. CREMO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 12-123 Civil Term M&T BANK CORP, Defendant : CIVIL ACTION — QUIET TITLE v. JOHN M. CREMO, Additional Defendant PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judginent pursuant to Pa. R.C.P. 107(b) of the Pennsylvania Rules of Civil =7. ro Procedure, against Additional Defendant John M. Cremo, for failure to file an Answer to the Complaint or otherwise plead thereto. The undersigned counsel hereby certifies that notice of intent to file the praecipe, in the form attached hereto as Exhibit "A", was previously served upon the Additional Defendant in accordance with the requirements of Pennsylvania Rule of Civil Procedure 237.1. Date: October 7, 2014 t1.30 tet4,9or /24 306,/ 8,41,e B : Respectfully submitted, CALDWELL & KE NS, P. Michael D. Reed, Esquire Attorney I.D. No. 35193 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff Carol J Cremo CAROLE J. CREMO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 12-123 Civil Teiiii M&T BANK CORP, Defendant : CIVIL ACTION — QUIET TITLE v. JOHN M. CREMO, Additional Defendant IMPORTANT NOTICE TO: John M. Cremo 8 Cicada Drive Mechanicsburg, PA 17050 DATE OF NOTICE: September 9, 2014 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 (800) 990-9108 BY727 '9 Michael D. Reed, Esquire Attorney I.D. # 35193 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Dated: September 9, 2014 FLO0015285 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Mark D. Bradshaw, Esquire Stevens & Lee, P.C. 17 N. Second Street, 16th Floor Harrisburg, PA 17101 Counsel for Defendant M&T Bank Corp John Cremo 8 Cicada Drive Mechanicsburg, PA 17050 Additional Defendant B Dated: October 7, 2014 06532-002/FL00016599 CALDWELL & KEARN Michael D. Ree . , Esquire Attorney I.D. #35193 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiff Carole J. Cremo CAROLE J. CREMO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 12-123 Civil Term M&T BANK CORP, Defendant : CIVIL ACTION — QUIET TITLE v. JOHN M. CREMO, Additional Defendant RULE 236 NOTICE OF ENTRY OF JUDGMENT TO: John M. Cremo 8 Cicada Drive Mechanicsburg, PA 17050 You are hereby notified that on 4 G1- , 2014, a judgment was entered against you for failure to file an Answer to plaiin t ove-captione ase. DATE: /. /, 2014 Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 DATED: October 7, 2014 BY: Respectfully submitted, 1‘--------/ ichael D. Reed, Esquire Attorney I.D. No. 35193 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff Carole 1 Cremo CAROLE J. CREMO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 12-123 Civil Term M&T BANK CORP, Defendant : CIVIL ACTION — QUIET TITLE v. JOHN M. CREMO, Additional Defendant RULE 236 NOTICE OF ENTRY OF JUDGMENT TO: John M. Cremo 8 Cicada Drive Mechanicsburg, PA 17050 Por este medio sea avisado que en el dia de 2014, un fallo fue registrado contra del caso antes escrito. Fecha: el dia de de 2014. Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 DATED: October 7, 2014 BY: Respectfully submitt ichael D. Reed, Esquire Attorney I.D. No. 35193 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff Carole J. Cremo CAROLE J. CREMO, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. M & T BANK CORP, DEFENDANT V. JOHN M. CREMO, ADDITIONAL DEFENDANT : 12-0123 CIVIL TERM ORDER OF COURT /dr AND NOW, this day of October, 2014, a nonjury trial shall commence on Wednesday, January 7, 2015, at 8:30 a.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, /Michael D. Reed, Esquire 3631 North Front Street Harrisburg, PA 17110-1533 For Plaintiff Mark D. Bradshaw, Esquire 17 N. Second Street, 16th Floor Harrisburg, PA 17101 For Defendant John Cremo 8 Cicada Drive Mechanicsburg, PA 17050 Court Administrator—in bin sal Albert H. Masland, J. CAROLE J. CREMO, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. M & T BANK CORP, DEFENDANT 12-0123 CIVIL TERM ORDER OF COURT AND NOW, this 7t" day of January, 2015, following a bench trial in this action to quiet title, we find that the Plaintiff has met her burden, and proven that she was not a signatory to the loan documents executed on February 6, 2006 with the Defendant. Accordingly, we ORDER AND DIRECT as follows: 1. The mortgage and bond in the amount of$150,000.00 on the premises at 808 North Market Street, Mechanicsburg, Pennsylvania dated February 6, 2006 with the Defendant as obligee is declared to be illegal and void as to Plaintiff. 2. The Prothonotary shall deliver a copy of the final decree to the Recorder of Deeds of Cumberland County who shall mark the record of the aforesaid mortgage, giving public notice of this decree. 3. Finally, Defendant shall cooperate with and assist Plaintiff in clearing any and all adverse credit references with respect to the aforesaid loan documents. By the Court, Albert H. Masland, J. Michael D. Reed, Esquire 3631 North Front Street Harrisburg, PA 17110-1533 For Plaintiff `�'` /'Mark D. Bradshaw, Esquire 17 N. Second Street, 16th Floor Harrisburg, PA 17101 For Defendant :sal t gyp;�s �a, 1��' /s