Loading...
HomeMy WebLinkAbout02-0764FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FINANCIAL BANK, F/K/A PENNSYLVANIA NATIONAL BANK ONE FOUNTAIN PLAZA, 6TH FLOOR BUFFALO, NY 14203 Plaintiff JEANNE M. KERR JOHN M. KERR 226 BAILEY STREET NEW CUMBERLAND, PA. 17070 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUIVIBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 9555129 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FINANCIAL BANK, F/K/A PENNSYLVANIA NATIONAL BANK ONE FOUNTAIN PLAZA, 6TH FLOOR BUFFALO, NY 14203 The name(s) and last known address(es) of the Defendant(s) are: JEANNE M. KERR JOHN M. KERR 226 B^II.EY STREET NEW CUMBERLAND, PA. 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 1/31/91 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1002, Page 669. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 6/5/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 5/5/01 through 12/5/01 (Per Diem $17.92) Attorney's Fees Cumulative Late Charges 1/31/91 to 12/5/01 Cost of Suit and Title Search Subtotal $62,896.82 3,852.80 1,225.00 219.11 550.00 $68,743.73 Escrow Credit 0.00 Deficit 569.05 Subtotal $ 569.05 TOTAL $69,312.78 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $69,312.78, together with interest from 12/5/01 at the rate of $17.92 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FF.,DERMAN AND P~tE~AN, LLP By ~.'~~~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff MORTGAGE THIS MORTGAGE ("Secority Instrument") isgiven on January 31 19 91 The mortgngor is JEANNE KERR and JOHN Mo KERR, her husband ("Borrower"). This Security lmtrumcnt is given to PENNSYLVANIA NATIONAL BANK , which is organized and existing under the laws of THE UNITEO STATES of AMERICA , and whose addres~ is ONE SOUTH CENTRE STREET, POTTSVILLE, PENNSYLVANIA 17901 ("Lender"). BorrowerowesLendertheprincipalsumof Sixty-Nine Thousand and No/lO0 Dol~ (U.S. $ 69,000,00 ). This debt is evidenced by Borrower'~ note d~ted the ~me date ~ this Seco~ty ln.~t ("No~"), which prov~de~ ~or monthly p~yments, wit~ ~he ~uB debt, i£ not p~d~,dneandp~yab~on Fab?ua?y S, ~0~1 .ll~i~ylnmsan~t m~; ~) ~he ~ o~ ~ o~ &~, wi~h ~, ~ and~ ~ph 7 m p~ ~he ~ty of ~h~ ~he Nom. ~ot ~p~, ~rro~ d~ ~by mo~e, ~ ~ ~nv~ &o ~nd~ &~ ~o~B ~ pro~y I~t~ in CUMBERLAND Cowry, P~mylv~: which has the address of 226 BAILEY STREE~s.m~ NEW CUMBE,~I.v~N0 'Pennsylvania 17076 I~ co*el ("Property Address"); TOCiETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appunenaoces, rems, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. AJI replacements and additions shall also be covered by this Security Instrument..'LII of thc foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENAbrrs that Borrower is lawfully aetsed of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend gcocrally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants rot national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA-s~ FamiI¥-F~MA/FHLMC U~lPOai I~TRUMEI~ Fo~n 3039 12183 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Puyment 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 late charges due under the Note. 2. Funds for Taxes and Insurunee. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly ba~,nrd insurance premiums; and (d) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. A charge assessed by Lender in connection with Borrower's entering into this Security Instrument to pay the cost of an independent tax reporting service shall not be a charge for purposes of the preceding sentence. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applled: first, to late charges due under the Note; second, to prepayment charges due under the Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal duc. d. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the. person owed payment. Borrower shall promptly furnish to Lender ail notices of amounts 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 unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests 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 lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over ~this Secur ty Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take qne or more of the actions set forth above within 10 days of the giving of notice. , " , $. Hazard insurance. Borrower shall keel~ ilhe improvements now existing or h~reafter erected on the Properly insured against loss by fire, hazards includ~wiil~in the term "extended coverage" arid any other hazards for which Lender requires insurance. This insurance shall b~ maintained in the amounts and for {he periods that Lender requires. The insurance carrier providing the insuranee'st,;dl be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be ,icceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and i, newals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In ~s-~. event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of los.~ if not made promptly by Borrower. Unless Lender and Borrower otherwise agree iii writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or rep..ir is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible esr Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security ll~trument, whether or not then due, with any excess paid to Borrower. 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 ov this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the &~tuisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Malnteannce of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commi, waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if B~lrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Properly; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect thc value of thc Property and Lender's rights in the Property. Lender*s actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees 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 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at thc Note rate and shall be payable with interest, upon notice from Lender to Borrower requesting payment. 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 insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. g. lnspectinn. 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. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in 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, unless 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 the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration 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 postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 10. 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 successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. ll. Successors and Assigns Bound; Joint and Several Liability; Co*signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who 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. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum Joan 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 he reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will he refunded to Borrower. Lender may choose to make this refund ~y reducing the principal owed under the Note or by making a direct payment to Borr~er. If a refund reduces principal, ~he reduction will be treated as a partial prepayment without any prepayment cha~'ge under the Note. 13. Legi~atinn Affecting Lender's Rights. ~l~enactment or expiration of applicable law~ has the effect of rendering any provision of the Note or this Security Instrument.unenforceable according to its terms'~ Lender, at its option, may require immediate payment in full of all sams secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notlees. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mall to Lender's address stated herein or any other address Lender designates 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 as provided in this paragraph. 15. Governing Law; Severabllity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a heneficiai interest in Borrower is sold or transferred and Borrower is not a natural person) 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 a 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. lg. Borrower's Right to Reinstate. If Borrower meets certain conditions, BorroWer shall 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 Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would he due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expanses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure 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 reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and ague as follows: 19. Acceleration; Remedies. Lender shall #ye notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instroment (but nog prior to acceleration under paragraphs 13 and 17 unlem applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action requital to cum the default; (c) when the default must he cured; and (d) that failure to cure the default as specified may result in acceleration of the sum~ secured by this Security lnstmmcot, foreclosure by Judicial proceeding and sale of the Property. Lender shall further Inform Borrower of the right to reinstate nflsr acceleration and the right to assert in the fore.sure proceeding the non-euistenos of a default or any other defense of Bon'ower to aecderatiou and foreclosure. if the default is not cured as specified, Lender at ils option ma}' require immediate payment In full of all sums secoml by this ,Security lostmmcut without further demand and may lo. close this Security ln~rumcot by judicial proceeding. Lender shall he entitled to collecl III expenses incurred In pursuing the remedinl provided in this paragraph 19, Including, but not limited to, attorneys' fees and coals of title evidence to the extent permitted by applicable law. 20. Lender in Pe~essinn. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall he entitled to enter upon, take poss~s~on of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, Including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums ~ecured by this Security Instrument. 21. Release. Upon payment of aH sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower sludl pay any recordation costs. 22. Reinstatement Period. Borrower's time to reinstate provided in paragraph 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. 23. Purchase Money Mor~nge. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall he a purchase money mortgage. 24. Iota'est Rate After Judgment. Borrower ag~ses that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall he the rate payable from time to time under the Note. 25. Riders to this ,Security lnstmmcut. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shah he incorporated into and shall amend and supplement the covenants and agreements of this Security instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ~ Adjustable Rate Rider [---1 Graduated Payment Rider ~ Other(s) [specify] Condominium Rider Planned Unit Development Rider I-4 Family Rider BY SIGNING BELOW, Borrower accepts and agreex to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: "*'~, . ~' · KERR .~ (~ (Seal) (Seal) [Sp~:e Below This Line For Acknowled~me. ntl COMMONWEALTH OF PENNSYLVANIA, County ss: Cumberland On this, the 5£h day of February , 19 91 , before me, Haruha J'. Fort:ney the undersigned officer, personally appeared .Tuanne Kerr known to me (or satisf~etorily proven) to be the person whose name ia subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and off'RI seal. My Commission expires: .~[[ THAT CERTAIN lot or piece of land with the building thereon erected, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a stake on the southerly line of Bailey Street, said .stake being at a distance of 329.29 feet measured along Bailey Street in an easterly direction from the southeast corner of Bailey Street and Bridge Street, and which stake is on the division line between Lots Nos. 7 and 8, Block "D", on the hereinafter men- tioned Plan of Lots; thence along Bailey Street in an easterly direction, 52.08 feet to a stake, which stake is on the division line between Lots Nos. 8 and 9, Block "D" on the hereinafter mentioned Plan of Lots; thence on and along said division line and beyond and through the eastern part of Lot No. 22 on said Plan of Lots, South 29 degrees 59 minutes Ea~, k60.$6 feet t~ a stake, which stake is on'the division line between Lots Nos. 20 and 22 on the hereinafter mentioned Plan of Lots; thence southwestwardly on and along said division line and on and along the division line between Lots Nos. 21 and 22 on the hereinafter mentioned Plan of Lots, South 48 degrees 38 minutes West, 59.66 feet to a stake, which stake is on the division line between Lots Nos. 21 and 22 on the hereinafter mentioned Plan of Lots; thence through the western part of said Lot No. 22 and beyond and on and along the division line between Lots Nos. 7 and 8, Block "D" on the herein- after mentioned Plan of Lots North 27 degrees 52 minutes West, 173.71 feet to a stake, the place of BEGINNING. BEING all of Lot No. 8, Block "D", and a part ~f Lot No. 22, BloCk "D", on Plan of Lots known as Westover Gardens, said Plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland, in Plan Book 3, Page 50. PI~EMISES ON: 226 BAILEY STP. EET VERIFICATION DENNIS J. GAWRON hereby states that he is ASSISTANT VICE PRESIDENT of M&T MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in the Mortgage Foreclosure are tree and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to tmswom falsification to authorities. DATE:. ~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-00764 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS KERR JEANNE M ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KERR JEANNE M the DEFENDANT , at 1825:00 HOURS, on the 19th day of February , 2002 at 226 BAILEY STREET NEW CUMBERLAND, PA 17070 by handing to JEAi~NE KERR a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this ~7~ day of ~L~. ~'~ O/~)& A.D. ~~6th~not ary~ So Answers: R. Thomas Kline 02/20/2002 ~~ FEDERMAN AND By: J~-Dep~t~ Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-00764 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS KERR JEANNE M ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KERR JOHN M the DEFENDANT , at 1825:00 HOURS, on the 19th day of February , 2002 at 226 BAILEY STREET NEW CUMBERLAND, PA 17070 by handing to JEANNE KERR, WIFE OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~7.~ day of P~o~c~not ary~ So Answers: R. Thomas Kline 02/20/2002 FEDERMAN AND PHELAN ~ ~EDERMAN AND PHELAN, LLP By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FINANCIAL BANK, F/K/A PENNSYLVANIA NATIONAL BANK VS. Plaintiff Court of Common Pleas CUMBERLAND County No. 02-764 CIVIL JEANNE M. KERR JOHN M. KERR Defendant(s) PRAECIPE TO WITHDRAW COMPLAINTr WITHOUT PREJUDICE AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman Attorney for Plaintiff