HomeMy WebLinkAbout02-0513c:~myfiles~suit s~NoticeToPlead(jsg)
ROBERT C. CARRELL and
BEVERLY E. CARRELL,
VS.
Plaintiffs
PNC MORTGAGE CORPORATION,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, /'~ -. ~'/'~.~ ~
CIVIL ACTION - LAW
NOTICE
You have been sued in court. If you wish to defend yourself 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 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
2 Liberty Avenue
Carlisle, PA 1701:}
Telephone: (717) 249-3166
W~. D. SCHI~.CK, III
ROBERT C. CARRELL and
BEVERLY E. CARRELL,
Plaintiffs
VS.
PNC MORTGAGE CORPORATION,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NOTICIA
Le Han demandado a usted en la cone. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguiemes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presemar una apariencia escrita o en persona o pot
abogado y archivar en la corte en forma escdta sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede
entrar una orden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos
imponantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
Wld. D. ScImaCl% III
CmydocXsuits~carreH, R&C quiet title com.
ROBERT C. CARRELL and : IN THE COURT OF COMMON PLEAS OF
BEVERLY E. CARRELL, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs :
VS. ·
: No.
PNC MORTGAGE CORPORATION, :
Defendant : CIVIL ACTION = LAW
COMPLAINT TO QUlET TITLE - TO CANCEL INVAI,1D MORTGAGE
AND NOW, this '~o day of 0",,-- ,~t~ ,2002, come the Plaintiffs,
ROBERT C. CARRELL and BEVERLY E. CARl{ELL, husband and wife, by and through their
attorney, WM. D. SCHRACK Ill, ESQUIRE, and set forth a cause of action as stated herein:
1. The Plaintiffs, Robert C. Carrell and Beverly E. Carrell, husband and wife, are adult
individuals residing at 12 Dandelion Drive, Boiling Springs, Cumberland County, Pennsylvania,
17007.
2. The Defendant, PNC Mortgage Corporation, successor to Sears Mortgage Corporation,
has its principal place of business at 700 Deerpath Dr., Vernon Hills, Illinois 60061.
3. Plaintiffs are the lawful owners of, and are in possession of, the premises known as "12
Dandelion Drive, Boilings Springs" located in South Middleton Township of Cumberland County,
Pennsylvania (hereafter "Property").
4. The subject premises were acquired from Ingeborg L. Blackwell by deed dated September
8, 1992, which was recorded in the Office of the Recorder of Deeds of Cumberland County,
Wi~. D. Scm~clq III
Pennsylvania in Deed Book 35-W, page 746, a copy of which is attached hereto and marked
"Exhibit A".
5. Said acquisition was completed by Wm. D. Schrack, III, attorney-in-fact, in the absence
of Plaintiffs, who had moved to Germany.
6. Prior to moving to Germany from Pennsylvania, Plaintiffs executed a Mortgage and Note,
which addressed repayment of $124,000.00 to Sears Mortgage Corporation, which mortgage
Defendant lender, required be recorded at the time of the closing on the acquisition of the premises
completed for Plaintiffs in their absence.
7. On the date of the closing, Plaintiffs, by Wm. D. Schrack, HI, their attorney-in-fact,
executed a duplicate mortgage which secured an interest in the subject premises, in favor of the
Defendant, Sears Mortgage Corporation, in the amount of One Hundred Twenty-Four Thousand
Dollars ($124,000.00) (hereinafter referred to as "Valid Mortgage").
8. This Mortgage was assigned Lender's # 09-00-76769 by the Defendant, Sears Mortgage
Corporation.
9. The instrument that was previously executed by the Plaintiffs, although notarized as of
the date signed by the Plaintiffs personally, July 8, 1992, was subsequently dated by Defendant Sears
Mortgage Corporation as of September 8, 1992, thereby rendering it invalid (hereinafter referred to
as "Invalid Mortgage")
10. The invalid mortgage was, at the insistence of defendant, Sears Mortgage Corporation,
recorded in the Cumberland County Recorder's office immediately following recordation of the deed
of conveyance on September 15, 1992, in Mortgage Book 1088, at page 510, a copy of which is
attached hereto and marked "Exhibit B".
11. Upon discovery of the invalid acknowledgment, the mortgage referred to as the Valid
Mortgage, which was executed by Plaintiffs' attorney-in-fact on the date of the dosing, was recorded
in Cumberland County Recorder's office, that occurring on January 15, 1993, and located in
Mortgage Book 1113, at page 965, a copy of which is attached hereto and marked "Exhibit C'.
12. The "Valid Mortgage" was also assigned the same Lender's # 09-00-76769.
13. Defendant lender agreed to satisfy the "Invalid Mortgage" upon proper recordation of
the "Valid Mortgage" in the Cumberland County Land Records.
14. Upon receipt of verification of recordation of the duplicate mortgage, Sears Mortgage
Corporation did not complete satisfaction of the invalid mortgage as agreed.
15. Despite repeated requests, Defendant ignored requests to satisfy of record the"Invalid
Mortgage," a result of which both obligations appear on Plaintiffs' credit report, seriously impacting
Plaintiffs' financial abilities.
16. The "Valid Mortgage" was assigned to National City Mortgage Company on
September 18, 1995 by PNC Mortgage Corporation, successor to Sears Mortgage corporation, which
assignment was recorded in Cumberland County Miscellaneous Book 507, at page 876, a copy of
which assignment is attached hereto and marked "Exhibit D'.
17. The "Invalid Mortgage", which was recorded on September 15, 1992, has not been
assigned.
LAW O~C~
WM. D. SCHlOCk, III
18. Defendant has repeatedly refused to respond to repeated requests from Plaintiffs, and
their counsel, to satisfy the "Invalid Mortgage" idemified as Exhibit B.
19. The "Invalid Mortgage", though of no legal effect, continues to appear of record, and
constitutes a cloud on the title to Plaintiff's land.
WHEREFORE, Plaintiffs request that this Honorable Court:
A. Enter an Order declaring that Defendant(s), are forever barred from asserting any right,
lien, title, or interest in the Property on the basis of the mortgage recorded on September
15, 1992 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Mortgage Book 1088, at page 510;
B. Enter a judgment ordering the Recorder of Deeds to satisfy or cancel said mortgage of
record; and
C. Grant such further relief as may be just and equitable.
wm. D. Schrack lll~ Esq. (15893)
Post Office Box 310
Dillsburg, PA 17019-0310
(717) 432-9733
Attorney for Plaintiffs
DEED.WARRANTY
IND. OR CORP.
Ingeborg L. Blackwell, widow
1992
herein designated as the Grantors.
Robert C. Carrell and Beverly E. Carrell, Husband a Wife
herein designated as the Grantees;
~[ht£$Rg[~, that the Grantors. for and in consideration of
One Hundred Fifty Five Thousand and 00/100 Dollars ($155,000.00)
lawful money of the United States o/America, to the Grantors in hand well and truly paid by the Grantees, at or
before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being
therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever,
/~[ THAT CERTAIN tract orparcel ~ndandpremises, Mtuate, Oingandbeing ~the
Township ~ South Middleton intheCoun~ ~
CUMBERLAND and Commonwealth ~Penn~Ivania. moreparticu~r~descr~edas~llows:
BEGINNING at a point on the southern side of Dandelion Drive on the
dividing line between Lots Nos. 50 and 51 on the hereinafter mentioned
Plan of Lots; thence by said dividing line, South 14 degrees 34 minutes
50 seconds East 120 feet to a point; thence South 75 degrees 25 minutes
10 seconds West 140 feet to a point; thence by the dividing line between
Lots Nos. 49 and 50 on said Plan of Lots, North 14 degrees 34 minutes
50 seconds West 120 feet to a point on the Southern side of Dandelion
Drive aforesaid; thence by the Southern side of said Drive, North
75 degrees 25 minutes 10 seconds East 140 feet to the place of
BEGINNING.
BEING Lot No. 50 of Section D of the Plan of Lots known as Countryside
Acres, as recorded in the office of the Recorder of Deeds for Cumberland
County in Plan Book 23, Page 44; and being subject to the drainage
easement along the Eastern and Southern sides of said Lot as thereon
shown.
HAVING THEREON ERECTED a dwelling house known and numbered 12 Dandelion
Drive.
BEING THE SAME premises which Arthur V. Enck and Margaret K. Enck,
by deed dated August 8, 1975 and recorded August 20, 1975 in the office
of the Recorder of Deeds in and for Cumberland County, Pennsylvania
in Book F-26, Page 87 granted and conveyed unto Eugene B. Blackwell
and Ingeborg L. Blackwell.
The said Eugene B. Blackwell having expired on March 10, 1986, thereby
vesting sole title to Ingeborg L. Blackwell by operation of law.
UNDER AND SUBJECT to any restrictions, reservations and easements
of prior record.
Cumb. C~.. Pa.
l~& Real Estate Tra~af~'
Cumb. ~, D~ ~.~
School OiSt CU~!~. C~
.--%% Real Estate
746
EXHIBIT "A"
H~ORD AND RETUR, TO:
SEARS NORTSAGE CORPORATION
2207 FOREST HILLS DRIVE
HARRISBURG, PA 17112
ROBERT ?.ZiECLER
RECORDER OF DEEDS
CUMBERLA~;D COUNTY-PA
'B2 SEP 15 R~ 11 50
[Space Above This Line For Re~ordiflK Data]
MORTGAGE
LENDER'S # 09-00-76769
THIS MORTGAGE ("Secutlty Instrument") is given on
ROBERT C. CARRELL AND BEVERLY i. CARRELL, HUSBAND AND WIFE
SEPTENBER 8, 1992 . The mortgagor is
("Borrower"). This Security Instrument is given to SEARS NORTGAGE CORPORATION
which is organized and existing under the laws of THE STATE OF OHIO , and whose
addressis 2500 LAKE COOK ROAD, RIVERNOODS, ILLINOIS 60015
("Lender"). Borrower owes Lender the principal sum of
ONE HUNDREO TNENTY-FOUR THOUSAND DOLLARS AND ZERO CENTS ......................................................
Dollam (U.S. $124,000. O0 ............ ). 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 l~yable on
OCTOBER 1, 2007 . This Security Instrument secures to Lender: (a) thc repayment of the debt
evidenced by the Note, with interest, and all renewals, extension~ and modifications of thc Note; (b) thc payment of all
other sums, with intert~, advance~ under paragraph 7 to protect the security of this Security Instrument; and (e)
the performanve 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 ATTACHEQ
which has the addres~ of 12 DANDELION DRIVE. BOILING SPRINGS
Pennsylvania 17007-9735 ( "Property Addre~");
[Zip Code]
~o~1088 rani $10
PEMqS~ILVN~IA-Single Family-Fannie ~ie M~ ~F~M I~ ..p ~ *f ·
XCISOTDAAA
(Street, City].
Form 3039 9190
EXHIBIT "B"
· TOGETHI~R WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenencea, end fixtures now or hereafter s part of the proparty. AIl replacements and sdditions shall also be covered
by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWI~R COVENANTS that Borrower is lawfully ~elsed 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 wsrrenta and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use sud non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due
the principal of and interest on the debt evidenced by the Note and any prepayment and lsts chergea due under the Nots.
2. Funds for Tszes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall
~a)y to Lender on the day monthly payments sre due under the Note, until the Note is paid in full, a sum ("Funds") for:
yearly taxes and asse~menta which may attain priority over this Security Instrument as s lien on the Property; {b)
yearly leesehold payments or ground rents on the Property, if any; {c) yearly hazard or property insurance premiums;
(d) yearly flood insurance premiums, if any; {e) yearly mortgage insurance premiums, if any; sad (f) any sums payable
by Borrower to Lender, in sceordsncs with the provisions of paragraph 8, in lieu of the payment of mortgage insurance
premiums. These items are called "~row Items." Lender may, st any time, collect and hold Funds in sn smonnt not
to exceed the maximum amount & lender for s federally related mortgsge loan may require for Borrower's escrow
account under the federal Real ~tste Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C.
Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a le~er amount. If so, Lender may,
st any time, collect and hold Funds in an amount not to exceed the le~er amount. Lender may estimate the amount of
Funds due on the basis of current data and reasonable estimates of expenditures of future E~cruw Items or otherwise in
accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to
pay the Fa~erow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the
escrow seeonnt, or verifying the Baerow Items, unle~ Lender peys Borrower intereat on the Funds and applicable law
permits Lender to make such s charge. However, Lender may require Borrower to pay s oas-time charge for an
independent real estate tax reporting service nsed by Lender in connection with this loan, unlem applicable law provides
otherwise. Unle~ an agreement is made or applicable law requires interest to be paid, Lender shall not be required to
pay Borrower any interest or esroings on the Funds. Borrower and Lender may agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds. showing
credit~ sad deblta to the Funds and tho purpose for which each debit to the Funds was made. The Funds are pledged as
additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the exee~ Funds in accordance with the requirements of applicable law. If the smount of the Funds held
by Lender at any time is not sufficient to pay the Bacrow Items when due, Lender rosy so notify Borrower in writing,
and, in such case Borrower shall pay to Lender the amount nece~ary to make up the deficiency. Borrower shall make
up the deficleney in no more than twelve monthly payments, st Lender's sole di~eretlon.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Pnnds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the
acquisition or zale of the Property, shall apply any Funds held by Lender st the time of acquisition or zale as s credit
sgsinst the sums secured by this Security Instrument.
3. Application of Payments. Unle~ applicable law provides otherwise, all payments received by Lender under
paragrapl~ 1 and 2 shall be applied: first, to any prepayment charges due under the Note; secoud, to amounts paysble
under peragrsph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, ~sessmenta, charges, fine* and impositions attributable to the
Property whleh may attain priority over this Security Instrument, and Icasehold payments or ground rents, if any.
Borrower shall pay theae obligations in the manner provided in paragraph 2, or if not paid in thst manner, Borrower
shall pay them on time dlrecfly to the person owed payment. Borrower shsll promptly furnish to Lender all noticx~ of
amount~ to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish
to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unle~ Borrower:
sgrees in writing to the payment of the obligation secured by the lien in a manner sceeptable to Lender; (b) conteats in
good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion
operate to prevent the enforcement of the Ilea; or (c) secures from the holder of the lien an agreement satisfactory to
Lender subordinating the Ilea to this Security lnmrument. If Lender determine* 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
lien. Borrower shall.satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of
notice.
Fsrm 3039 9/90
~06~1088 ~A~ 511
· 5; Hazard or Property Insdranco. Borrower shall keep the improvements now existing or hereafter erected on
' the Property insured against loM by fire, hazards included within the term "extended coverage" and any other hazards,
including floods or flooding, for which Lender require~ inaurShce. This insurance shall be maintained in the amounts
and for the periods that Lender requires. The inaurenc~ carrier providing the insurance shall be chosen by Borrower
subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described
above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with
paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shah promptly give to
Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the
insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unle~ Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair
of the Property damaged, if the restoration or repair ia economically feasible and Lender's security is not le~ened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums ~ured by this Security Instrument, whether or not then due, with any exce~ .paid to Burro.wet. If
Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or
restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-dsy period will
begin when the notice is given.
Unle~ Lender and Borrower otherwise agrse in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 12 or change the amount of the payments.
If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds
resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by
this Security Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, eatabllsh, and use the Property as Borrower's principal residence within sixty days
after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unleM Lender otherwise agrees in writing, which consent shall
not bo unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower
shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit w&~te on the Property.
Borrower shall bo in default if any forfeiture action or proceeding, whether civil or criminal, is beg,n that in Lender's
good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this
Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in
paragraph 18, by causing the action or proceeding to bo dismissed with a ruling that, in Lender's good faith
determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien
created by this Security Instrument or Lender's security interest. B.orrower .shall also be in default if Burr,ewer,, .d, ur. ing
the loan application proce~, gave materially false or inaccurate information or statements to Lender ~or lalleo 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. I! this Se.c. urlty
Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acqu~re~ fee title to
the Property, the leasehold and the fee title shall not merge unle~ Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument, or there is a legal proceeding that may significentiy affect Lender's rights in the
Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws o,r
regulations), then Lender may do and pay for whatever is nece~ary to protect the value of the Property and Lender s
rights in the Property. Lender's actions may include paying any sums secured by a llen which has priority over this
Security Instrument, appearing in court, paying reasonable attorneys' fens and entering on the Property to make repairs.
Although Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shah become additional debt of Borrower secured, by this
Security Instrument. Unle~ Borrower and Lender agree to other terms of payment, these amounts shall bear mtsrest
from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Leoder to Borrower
requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any
reason, the mortgage insurance coverage required by Lender lapeea or ceases to bo in effect, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost
sulmtantlally equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate
mortgage insurer approved by Lender. If subetantially equivalent mortgage insurance coverage is not available,
Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being
paid by Borrower when the insurance coverage lapsed or ceased to bo in effect. Lender will accept, use and retain the~
payments as a 1o~ reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,
Fsrnl 303~
at ihs option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer approved by Lender again become~ available and is obtained. Borrower shall pay the premiums
required to maintain mortgage insuranee in effect, or to provide a loss reserve, until the requirement for mortgage
insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall
give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damsges, direct or consequential, in connection with
any condemnation or other taking of any pert of the Property, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the
sums secured by this Security Instrument immediately before the taking, unleaa Borrower and Lender otherwise agree
in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by
the following fraction: {a) the total amount of the sums secured immediately before the taking, divided by {b) the fair
market value of tbs Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a
partial taking of the Property in which the fair market value of the Property immedistely before the taking is le~ than
the amount of the sums secured immediately before the taking, unlem Borrower and Lender otherwise agree in writing
or unle~ applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security
instrument whether or not the sums are then due,
If the Property ia abandoned by Borrower, or if, after notice by Lender to Borrower that the condemner offem to
make an award or settle a claim for damages, Borrower fails to re~pond to Lender within 30 days after the date the
notice is given, Lender is authorized to collect and apply the proceeds, st its option, either to re~toration or repair of the
Property or to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
po~tpoue the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such
payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for 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 succe~ora in
interest. Lender shall not be required to commence proceedings against any soceeaaor in interest or refuse to extend
time for payment or otherwise modify amortization of the sums secured by this ~ecurity Instrument by reason of any
demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising
any fight 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 covenanks and agreements
of this Security Instrument shall bind and benefit the socce~ora and assigns of Lender sod Borrower, subject to the
provisions of paragraph 17. 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. Loan Chsrgns. If the loan secured by this Security Instrument ia sub~ect to a law which rets maximum loan
charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in
connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
nseeaaary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which
exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the
principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction
will be treated aa a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument ahsll be given by delivering it or by
mailing it by first cl~ mail unless applicable law requires use of another method. The notice shall be directed to the
Property Addrese or any other addr~s Borrower dedgnstes by notice to Lender. Any notice to Lender shall be given by
first cla~ mail to Lender's address stated herein or shy other address Lender designstea by notice to Borrower. Any
notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given
aa provided in this paragraph.
1.$. 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 end
the Note are declared to be severable,
Fm'm :3039 9/90
' 1088 513
' 16. Borrower's Copy. Borrc;wer shall be givenone conformed copy of the Note and of this Secority Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
intcrest in it is sold or tran~erred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
natural parson) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of
all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is
prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide s period
of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured
by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke
any remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shah have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period
as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in
this Security Instroment; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that
Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note ss if no
acceleration had occurred; (b) core~ any default of any other covenants or agreements; (c) pays ali expense~ incurred in
enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action ss
Lender may reasonably require to a~ure that the lien of this Security Instrument, Lender's rights in the Property and
Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinststcment
by Borrower, this Security Instrument sad the obligations secured hereby shall remain fully effective ss if no acceleration
had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity
(known as the 'Loan Servicer"} that collects monthly payments due under the Note and this Security Instrument. There
also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law.
The notice will state tho name and eddre~ of the new Loan Servicer and the address to which payments should be made.
The notice will also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of
any Hazardous Sub~ances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
tho 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 Sub~tsnces 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 ltazardons Substance or
Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or
regulatory authority, that any removal or other remediation of any Hazardous Subetsnce affecting the Property is
nece~ary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Sub~Rances" are thuse substances defined nm toxic or hazardous sub~tsnces
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 in this paragraph 20, "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 ss follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
under paragraph i? unless applicable law provides otherwise). Lender shall notify Borrower of, among other
things: ia) the default; (b) the action required to cure the default; {c) when the default must be cured; and id)
that failure to cure the default as specified may result in acceleration of the sums secured by this Security
Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform
Borrower of the right to reinstate after accelerntion and the right to assert in the foreclosure proceeding the
non-existence of a default or any other defense of Borrower to acceleration and foreclosure, if the default is
not cured as specified, Lender, at its option, may require immediate payment in full of all sums secured by
this Security Instrument without further demand and 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 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted
by applicable law.
22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instroment 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.
F~crn 3035 9190
51.4
23. Waivers. Borwwer, to the extent permitted by applieabie laW, waives and releases any error or delecls in
proceedings to enforce this Security Instrument, end hereby waives the benefit of any present or future laws providing
{or stay of eseent{on, extension of time, exemption from attachment, levy and sale, and homestesd exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in peragraph 18 shall extend to one hour prior
to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is leal to Borrower to
acquire title to the Property, this Security Instrument shall be s purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a {udgment is entered on
the Note or in an action of mortgage foreclosure shall he the rate payable from time to time under the Note.
27. Riders to this Security Xnstrument. 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 Gl this Security Instrument as Il the rider(s) were a p~rt Gl tills
Security lnslrument. [Check applicable box(es)]
Adjnsteble Rate Rider [] Condominium Rider [] I-4 Family Rider
Graduated hyment Rider } ] Planned Unit Development Rider ~ Biweekly Payment Rider
Balloon Rider ~ Rate Improvement Rider L_] Second Home Rider
V.A. Rider { ] Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Securily
~/~ttrn, me~sen..t end in any rider(s)executed by Borrower and recorded with.it. ~
(Seal) (Seal)
C. ertificate Gl Residence
I, the subscriber, Joanie Duckett , do hereby certily that Ihe correcl
addressoflhewithin-namedMortgsgeeis 2500 Lake Cook Road, Riverwoods, Illinois 60015
Witness my hand this 8th day of September 1992
COMMONWEALTH OF PENNSYLVANIA, CUI~I{ERLAND County ss:
On this, the 8th day of , ,J~u3. y , 3.992 , before me, the undersigned
ofiicer,personallyappeared Rober~'- C. Ca;ere].]. and Bever.].y E. Carrel3.
known to me (or satistactorily proven) Io be
thepersons whosename s are subscribed lo the withln instrumenl and acknowledged lhai they
executed the same for the purposes herein contained.
IN WITNESS W,I~q~.OF I hereunto set my hand and off c al se~
.~..~,,.~-:~ .~ow, m~ s~ I
AI~L THAT CERTAIN tract of land situate in south Middleton
Township, Cumberland County, Pennsylvania, being more particularly
bounded and described as follows, =o wit:
BEGINNING at a point on the southern side of Dandelion Drive
~n the dividing line between Lots %50 and #51 on ~he hereinafter
mentioned Plan of Lote~ thence by said dividing line, South 14
degrees 34 minutes 50 seconds East, 120 feet to a point~ thence
south 75 degrees 25 minutes 10 seconds West, 140 feet to a point~
thence by t~e dividing line betwenLots %49 and #§0 on said Plan of
Lots, North 14 degrees 34 minutes 50 seconds West, 120 fee= to a
point on the southern side of Dandelion Drive .a~oresaid~ thence by
the southern side of said drive, North 75 degrees 25 minutes 10
seconds East, 140 feet to ~he place of BEGINNING.
BEING Lot #50 of Section "D" of the Plan of Lots known as
Countryside Acres, as recorded .in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania in Plan Book 23,
at page 44.
S~.ate of Pennsylvania '~
',~;,~[iiity of Cu'mbe~r]~hd*) SS
corded ~he.Off.i~ for t~ recording of Doed~
r~:. ~ ~d ~or C~rland CounW, ~ ~
~~vo~. -- e.~ 910
Record and Return To:
5ears Mortgage Corporation
2Z01 Forest Utlls Orlve
Ilarrtsburg, PA t?ttZ
CL:;i;;L LL,'.::~ C6t];IT¥ ' P.'~
MORTGAGE e.dor',,
Tills MORTGAGE ("Scc, urlly Imlrumcnl") is given on September
Robert C. Carroll and Beverly E. Carrel1, IIusband and Rlie
("Borrower"). This Security |~lrumenl is given lo Sears Hortgage Corporation
which is organized and exlsllng under Ille laws o! the State or ohio , and whose
One Ilundre4 T~nty-Four Thousand Dollars and Zero Cents .....................................................
~llars (U~. S iZ4 ~0.00 ........... ). This Oeb~ Is evid~ by Oorrowc~ ~le dal~ Ihe ~me dale as Ibis ~urlly
]ml~umenl ("Nolo'), which provld~ lot monlhly ~ymcnls, with Ibc lull debt, II ~t paid earlier, duc a~ pa~ble on
. This S~urlly Imlrument secures to Lender: (a) ~be rc~ymenl Gl the debt
evlde~ by the No~e, wllh Inlcr~t, a~ all rc~wals, exlcmiom a~ m~ll~MIo~ Gl Ihe Note; (b) Ute ~yment Gl
ol~r sums, wilb inlcr~l, adva~cd u~ef paragraph 7 I0 prol~l ~bc s~mlly Gl Ihb ~cmlly lmlrumenl; and (c)
lhe ~florma~e oI Borrower's co~mnls a~l agr~menis unde~ this Sccurlly h~lrumcnl and Ibc Nolo. Fo~ Ihis
See Attached
wbtch ]las tile address o! 12 Dandelion 0rive, Bolling Springs [S,*eel, CIly~
Pennsylvania 17001-g735 (" [)~opcrly Address");
EXHIBIT "C"
UNIFOI;~M COVENANTS. Borrower ~l Lender c,~venanl arid a~ree as Iollows:
al die option al Lender, ii morlgage i~urnoce coverage (in Ibc ~smounl and for Ihe pariod that Lender requires)
provided by an ii,surer approved by Lender again becomes available and is obtai~ed. Dorrower shall pay the premlum~
rcquired to mninlain mortgage lmurance in ellecl, or Ia provide a loss reserve, unli[ fha requiret'nenl loc morlgnge
assigned Ind shall be paid to Lender.
hu;Irument, wbelhec or nol then due, wilh any excess paid to [3orrower. In Ibc evenl al' a parlial lakJn8 of thc Properly in
iff wrllifl~. Ihe sums secured by tills Securily li"~lrumenl shall be reduced by Ilia 8moufll of the proceeds multiplied by
Ibc folidwin~ Iraction: Ia) die Iolal amounl al Iha sums secured immedinlely before lite taking, divided by (b) Ibe lair
markcl value of Ibc Properly Immedlalely before II~e lakin8. Any balance shall be paid Io EJorrower. In Iht cvenl of
parlial taklfl8 al Iha Properly in which Iha [0ir inarkcl value of Iha ~operly immediately belore lbo lakir~ is less IhafJ
or unless applicable law olharwlse provides, Ibc proceeds shall be applied Io tile sums secured by Ibis Security
Il Iha Property Is abandoned by Borrower, or il. oiler f',olice by Lender Io Dorrowcr thai Ihe condemnor oilers
lime for paymenl or otherwise mo<Jify amorlizaliofl of Ibe sums secured by Ihls Sccurily ][~sirumenl by reason al
demand made by Ihe orIfdna[ Borrowcr or Borrower;s successors in inleresl, Any forbearance by Lender in eserci~i~
of this Securlly Ifl~lrumenl si(oil bind and beITelll life successors and assigns of I.ender and Dorrower, subjccl Io Ihe
steal lad convey Ibet Borrower's Inlerest In tile Prol)crty under Iha lerms of this .Securily ]nslrumenl; (b) is nol
persotlally obligaled Io pay Ihe sums secured by tills qeeurily li'tslrumenl; and (c) agrees that Lender and any Olhcr
Borrower m0y agree Io eal~nd, readily, Iorbeor or make any accommodalior~s wllh regard lo Ihe lerms at Ihis Seeurily
14. Nolices. Any notice lo Borrower provided for in lids Sccurily [nstrumenl shall be given by delivcri~ ii or by
mailing il by first class mail unless Applicable law requires use of a~olber melhod. The i',olice shall be dircclcd Io lite
as provided in ibis paragraph.
NON-UNIFORM COVENANTS. Borrower and Lender lurlher covenanl and al~rCe as (olk~ws:
23. Walvcrs. Borrowcr, Io Ihc e~tlent pcrmillcd by ~pplic~ble law, wuivcs nr~l releases any c~ror or dclccls t.
pr~ecdi~s lo enforce lifts S~urliy [mirument, a~ hercby waives lite ~l~lil of any present or lulme taws providing
S~urity Imlrumcnt. [~t~k applicable ~x(es)]
Ad~stabJc Rate Rider ~ ~ominium Rider ~ ]-4 Family Rider
Graduated Payment ~ider ~ Plam~d Ultil ~velopmcnt Rider ~ Biweekly Paymcnl Rider
~ Other(s) ~ Scco~ Ilomc I~ldcr
[SlmCily}
BY SIGNING BELOW, Borrower accel)IS and asrecs Io lite lerltls alld cover~nls complained lit this Sccufily
]nslru,llcnl a,td h, any rider(s) cxeculcd by Borrower and recorded ~h i~ /
Robert C. ~rrell
Cerlilicale of Residence
1. t~M. 0. SC)IRACK, Ill
~cldrcss BI Ute willdo-t~amed Morl&asee is
Wilocss my haJxl this 8t.h
(Seal) (Scud
. do hereby ccrlity Ihal the cortel:l
2500 Lake Cook Road, I{iverwoods, iL, 60015
dayo{ September, 199;?..
COMMONWEALTII Ol: PENNSYLVANIA. ~~ Counly ss:
~, ~/ ~,, ~ 1~, ~-~-/ ~ .... '. , .
~,,,,,,,,,io~ ~,,,~,~= ~ ~A' ''~'>''':':~''': :':' "'
~ ~ / / ~'.~;~'~ .. ..... ...,.
I ~,~ I ,,,,.., o,,,..,' / / ~ .~..:.':~.~..:::..:.~:'.,.'.
~n3R 11.13 ~,t, ut
PNC MORTGAGE CO~P." OF ~ER~ MOR~GE RRECORD
ZN THE R~gR'S OFFIC~ OF
KHOW A~ ~H BY ~SS~ ~R~SS~S, ~T PHC ~A~ COR~.~.
co~ I ss
} ~y Commt~sion [xAIrl~ 07128198 ~
E)~IIBIT "D"
h~w O~CE
c: ~myflles~uits\VeriflcationO sg)
ROBERT C. CARRELL and
BEVERLY E. CARRELL,
Plaintiffs
VS.
PNC MORTGAGE CORPORATION,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
VERIFICATION
I, ROBERT C. CARRELL, Plaintiff herein, verify that the facts set fo~h in this instrument
are true and correct to the best of knowledge, information, and belief. This verification is made
subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. §4904) relating to unswom
falsification to authorities.
ROBERT C. CARRELL
ROBERT C. CARRELL and
, CARRELL,
Plaintiffs
PNC MORTGAGE CORPORATION,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
VERIFICATION
I, BEVERLY E. CARRELL, Plaintiff herein, verify that the facts set forth in this
instrument are true and correct to the best of my knowledge, information, and belief. This verification
is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. §4904) relating to
unswom falsification to authorities.
ROBERT C. CARRELL and
BEVERLY E. CARRELL,
Plaintiffs
PNC MORTGAGE CORPORATION
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
:
NO. 02-513 Civil
CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE BY MAll.
AND NOW, this 19 day of February, 2002, I, Wm. D. Schrack attorney for Plaintiff,
hereby certify that I have served a true and correct copy &the foregoing Complaint to Quiet Title
upon the Defendant, PNC MORTGAGE CORPORATION, by certified mail, return receipt
requested, at the following address:
PNC MORTGAGE CORPORATION
700 Deerpath Dr.
Vernon Hills, IL 60061
The signed return receipt is attached hereto. ~
Wm. D. Schrack III, Esq. (15893)
Attorney for Plaintiff
Post Office Box 310
Dilisburg, PA 17019-0310
(717) 432-9733
E~-IIBIT TO AFFIDAVIT OF SERVI(~ BY M&IL