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HomeMy WebLinkAbout05-4500PHELAN HALLINAN & SCHMIEG, LLP 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 M&T MORTGAGE CORPORATION SB/M TO KEYSTONE FINANCIAL BANK, N.A., DB/A KEYSTONE FINANCIAL MORTGAGE 1 FOUNTAIN PLAZA,6TH FLR. P.O. BOX 840, NY 14240 BUFFALO, NY 14203 Plaintiff V. JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS' - 4.460 ?l u t C??ILh CUMBERLAND COUNTY l CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #_ 122271 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File 11 122271 Plaintiff is M&T MORTGAGE CORPORATION S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE I FOUNTAIN PLAZA,6TH FLR. P.O. BOX 840, NY 14240 BUFFALO, NY 14203 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES A. WENTZ KELLY L. WENTZ A/K/A KELLY L. WOOD 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/27/2000 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. Book: 1593, Page: 648. 4. 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 0510112005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File ft 122271 6. The following amounts are due on the mortgage: Principal Balance $161,924.69 Interest 4,973.44 04/01/2005 through 08/30/2005 (Per Diem $32.72) Attorney's Fees 1,225.00 Cumulative Late Charges 179.66 01/27/2000 to 08/30/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 168,852.79 Escrow Credit 0.00 Deficit 765.46 Subtotal $ 765.46 TOTAL $ 169,618.25 T 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 169,618.25, together with interest from 08/30/2005 at the rate of $32.72 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. PHELAN H INAN & SCHMIEG, FLY By. /s/Francis H llinan ?04 ax LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File 4. 122271 adbt o Cure n 3 a zd PF1 12 15 LSgsuw A Th 1. F.,Rrmnua, I ml - OPEN END MORTGAGE - THIS MORTGAGE SECURES FUTURE ADVANCES MORTGAGE THIS MORTGAGE ("Security lnstrnmcnl) is given on JANUARY 27th 2000 The mortgagoris JAMES A WENTZ. and KELLY L WENTZ, Husband and Wife ("Borrower"). This Security Instrument is given to KEYSTONE FINANCIAL BANK, N.A. DOING BUSINESS AS KEYSTONE FINANCIAL MORTGAGE , which is organized and masting under the laws of UNITED STATES OF AMERICA , and whose address is 2270 ERIN COURT P.O. BOX 7628 LANCASTER, PA 17604-7628 ('Lender ). Borrower owes Leader the principal sum of ONE HUNDRED SEVENTY THOUSAND AND N01100 Dollars (U.S. S 170,000.00 ), This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Nate"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on MARCH 1st , 2031 . This Security Instrument sceures to Irndcr. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, exlensious and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note*For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: * and (D) all advances made under the Construction Loan Agreement of even date herewith to enable the completion of the construction, erection, alteration and/or repair of the mortgaged premises. 'SEE ATTACHED LEGAL DESCRIPTION' which has the address of 250 OLD STONEHOUSE RD CARLISLE [Suet] IGtyl Pennsylvania 17013-8513 ("Property Address); PP Cenrl TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and frtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the 'Properly." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is uncncumbcrcd, "shpt for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nun-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Harrower and Lender covenant and agree as follows 1. Payment of Principal and Interest Prepayment and [ate 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 Insurance Subject to applicable law or to a wrAwn waiver by Lender, Borrower shall pay In 1-cndc on the day monthly payments art duo under the Note, until the Note is paid in full, a sum ('Funds) for (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lieu on the Property, (b) yearly leasehold payments or ground rents on the Property, if any, (e) yearly hazard or property insurance premiums; (d) yearly hood insurance premiums, if any, (c) yearly mortgage insurance premiums, if any, and (f) any sums payable by Burrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the manmrrro amount a lender for a federally related mortgage loan may require, fm Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 IJS.C. 42601 a seq. ("RE.SPA"), an ez another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, tolled and hold Funds in an amount not to cns,eed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and mammabtu estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. Loan ID: 00074653 PENNSYLVANIA singieFamity.Faankma/FrtddieMwr IMHh11NSIRUMJDT F-MUM 9/9a 0agrro73prgn7 w rAm rNe an Boo[1583ext .648 The Funds shall he 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 Foods to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyiirng the escrow account, or verifying the Escrow Items, unless Lender pays Borrowrr interest on the Funds and applicable law permits Under to make such a charge. However, lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this lam, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to he paid, Leader shall not be required to pay Borrower any interest or earnings on the Foods. 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 Floods, 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 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 excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficfem to pay the Escrow items when due, [.wider may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Foods held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Properly, shall apply any Funds held by Lender at the time of acquisition or sale 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 he applied fast, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; thud, 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, assessments, charges, fines and impositions attributable to the Property which may attain priority oVCf 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 all 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 hen which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the hen in a manner acceptable to Lender, (b) contests in good faith the 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 (c) secures from the holder of the lien an agreement satisfactory to leader subordinating the lien to this Security Instrument. If lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the Gen. Borrower shallsatisfy the Gen or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage' and any other hazards, including floods or flooding, for which Leader requires insurance. This insurance shall be maintained in the amouau and for the periods that Lender requires. The insurance 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 Properly 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 shall promptly give to lender all receipts of paid premiums and renewal notices. In the event of loss, Bono vur shall lour; prompt notice to the insurance carrier and Linder. Lender may make proof of loss if nix made promptly by Borruwx:r. Unless 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 is economically feasible and Under 's security is not lessened. 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 secured by this Security Instrument, 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 Seale 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-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing any application of proceeds to principal shall no( extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 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, Pn eserva[lon, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at tease one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers controL BorrOwau shall not destroy, damage car impair the Property, allow the Property to deteriorate, or commit waste on the. Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that her Lenders good faith judgment could result in forfeiture of the Property car otherwise materially impair the lien created by this Security Instrument or Lenders security interest. Borrower may cure such a default and reinstate, as provided in parayaph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, In. Ludes f..feilurc of the Borrowers interval in the Property or other material impairment of the lien created by this Security Instrument OF Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Harrower acquires fee title to the Property, the leasehold and the fee tide shall not merge unless Lender agrees to the merger in writing. Feat 31139 9/90 (,aloe 245pagr1) N ra,a3 1rw ilouf1593tAGE .649 LOAN m: 00076653 7. Protection cd Lender's Rights In the Property. If Borrowet fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lcralus's rigbts in the Property (such as a proex:ding in bankruptcy, probate, for condemnation or forfeiture car to enforce laws or regulations), then Lender may do and pay for wbate rer is necessary 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 lien which has priority over this Security instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make mpairs- 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 hear interest from the date of disbursement at the Nine rate and shall be payable, with interest, upon notice from lender to Borrower requesting payment. & Mortgage Insurance. If Leader required mortgage insurance as a condition of making the loan seemed by this Security instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect, it, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cut substantially equivalent to the cast to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay In fender 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 be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the 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 becomes available and is ob tined Borrower shall pay the premiums required to maintain mortgage insurance 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. Leader 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. 16. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of my part of the Property, or for conveyance in lieu of condemnation, ate hereby assigned and shall be paid to Lead r. In the event of a total taking of the Property, the proceeds shall h: applied to the stairs 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, unless Borrower and Leader 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. In the event of a partial taking of the Properly in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the prior eds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. 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 car postpone the due date of the monthly payments referred to in paragraphs 1 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 under to any successor in interest of Borrower shall not operate in release the liability of the original Borrower or Borrower's successors in interest. lender shall not be required to commeace 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 my demand made by the original Borrmver or Borrower's successors in interest. Any forbearance by Leader in exercising any right m remedy shall not he a waiver of or preclude the exercise of any right or remedy. 12. Successions and Aaxigas Bound; Joint and Several Liability, Co-sigmrs. 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 agreement% shall he joint and several. Any Borrower who co-signs this Security Instrument but does not execate 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 Charges. If the loan secured by this Security lustrameot is subject to a law which sets 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) my such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit and (b) my 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 Burrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Seemly Instrument shall be given by delivering is ur by mailing it by first class mall unless appliesbic law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to lender shall be given by first. class mail to Lender's address stated herein or any 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. eon. con s/re fryg.t nJ_srogrcl ireesw 2ro1z+s 1593 p BOON PACE «x50 LOAN ID: 00074653 15. Govwlog Law; Severatbility. 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 dam 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 dcclamd to be severable, 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Tra mAr 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 beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Len ice 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 Under 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 tbm 30 days from the date the notice is delivered or mailed within whine Borrower most 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. I& Borrower's Right In Reinstate. If Borrower meets curtain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of : (a) S days (or such other period as applicable law may specify for remstatemCnQ 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 be due under this Security Instrument and the Note as if no accch;ration had occurred; (b) cues any default of any other ow"ImLS or agreements; (e) pays all expenses insured 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, Leader's rights in the Properly and Borrewxr'S obligation to pay the sums secured by (his 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 ease of acceleration order paragraph 17. 19. Sale of Nniq Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more limes without prim 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 ntnicle of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Juan Scrvicer 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 Substances on or in the Property. Borrower shall not do, nor allow anyone else to dos anything affecting the Properly that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If BnrrowU Icarus, OF is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances are those substances defined as toxic or hazardous substances by Environmental law and the following substances: gasoline, kerosene, other flammable or toxic pdrolcum 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 as follows: 21. Acceleration; Remedies. Lender shall give notlte to Borrrrxer prior to acceleration following Borrower's breach of any covenant w agreement in this Security Instrument (bud not prior to acceleration under paragraph 17 unless applicable law provides otherwise). L ender shall notify Borrower of, among other things: (a) the default; (b) the action required to core the default; (c) when the default must be cored; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial pnuxuding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non- dslewce or a default or any other defense of Burrwver to acceleration and foreclosure. H the default is not cured as specified, lender at Its option may regalm immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Inatrument by judicial proceeding. Lender shall be entitled to coiled all expenses inamred in pursuing the remedies provided in this paragaph 21, including, but Dot limited to, attorneys' Leos and casts of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate eonscyed 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. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security instrument, and hereby waives the benefit of any present or future laws providing for slay of execution, extension of time, exemption from attachment, levy and sale, and homestead exempliou. U. Retnstarement r'ertod. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuanl to this Security instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage- BOOK 1593 PAGE .651 roam aura s/» fpv,r 4 t,3 pvgrr) wax eww xnr coo LOAN Ill: 00074653 26. Interest Rate ABU Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shalt be the raze payable from time to time under the Note. 27. Riders to this Scemfq' Instrument. Bone or more riders arc executed by Borrower and recorded together with this Security Instrument, the covemants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security InslrumcnL [Check applicable box(es)] ? Adjustable Rate Rider ? Condominium Rider ? 1-4 Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? Batloon Rider ? Rate Improvement Rider ? Second Home Rider ? Othcr(s) [specify[ BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) execut54by Borrower and recorded with it. Wrtm4? - - A- (sue) AN S A WENTZ -Borrower A?i I. (Seat) KKL Y L E -Borrower (Seat) [SY Berar Ibis Iloe For A km.kdgnmll COMMONWEALTH OF PF.NNSVI.VANIA, ?C4yx-L?<-?rl Country as: _._ (Seal) Borrower On this, the 9 7 tA day of 9111 before me, i;//?) ??r.?a AA the under'si'gned officer, personally appeared `YQ-1RD;J Q' CUQ ? ?f- ?1XX 4 CUP known to /me (or satisfactorily proven) to be the person(s) whose name(s) Ls/are subscribed to the within instrument and acknowledged that he/she/they exerted the same for the purposes herein contained. IN WrrNF_S.S WHEREOF, I hereunto set my hand and official SC .) My Commission expires: C // , ' / L rn nttxrM. 1;.T..4;iR 6u+p. t,w•rt,.r 2:?'7 Cc..?ny bit Grn?nsrloc Ex;,ae.ikt. ]. ='e00 +.1r,ne?s.9emnYNania Ars+sadtion of NOW:eS ; Eaod.593yka Z52 Fmrwxm9 97911 (yaxr5 f5paxrr) ?ln scum. L`n xxr LOAN ID: 00074653 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 7 as shown on a plan of lots known as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc., dated August 10, 1998, approved October 7, 1998, by the Middlesex Township Board of Supervisors, and recorded November 6, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 77 on Page 128, and being more fully described as follows, to wit BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by Lot 6 of the aforementioned subdivision South 37 degrees 53 minutes 06 seconds West a distance fo 524.70 feet to an iron pin; thence by Lot 6 and by Lot 9 of the aforementioned subdivision North 52 degrees 06 minutes 54 seconds West a distance of 296.16 feet to an iron pin, thence by Lot 8 of the aforementioned subdivision North 37 degrees 53 minutes 06 seconds East a distance of 524 83 feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South 52 degrees 05 minutes 24 seconds East a distance of 296.16 feet to a point in the centerline of T-591 (Old Stone House Road) and place of BEGINNING. CONTAINING 3.567 acres of land as surveyed. BEING the same premises which Realand, Inc., by Deed dated August 31, 1999 and being recorded September 1, 1999 in Cumberland County Deed Book 206, Page 1138, granted and conveyed unto - James A. Wentz and Kelly L. Wentz, Mortgagors herein .?:.y r mCioyQo: Ueaas ddY .'I -- ?f' v 86oA11593rALE .654 CERTIFICATE OF RESIDENCE 1, DIANN DUICK , DO HEREBY CERTIFY THAT THE CORRECT ADDRESS OF THE WITHIN NAMED LENDER IS KEYSTONE FINANCIAL MORTGAGE 2270 ERIN COURT P.O. BOX 7628, LANCASTER, PA 1.7604-7628. Witm nmyhamdthis 27th dayof JANUARY , 2000 A ..t o Lemdu eoal593?a im vm ?x m-l ,:ro,ww LOAN ID: 00074653 LEGAL DESCRIPTION ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being identified as Lot 7 as shown on a plan of lots known as Pheasant Crossing prepared for Realand, Inc., by Hoover Engineering Services, Inc, dated August 10, 1998, approved October 7, 1998, by the Middlesex Township Board of Supervisors, and recorded November 6, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 77 on Page 128, and being more fully described as follows, to wit: BEGINNING at a point in the centerline of T-591 (Old Stone House Road); thence by Lot 6 of the aforementioned subdivision South 37 degrees 53 minutes 06 seconds West a distance of five hundred twenty-four and seventy hundredths (524.70) feet to an iron pin; thence by Lot 6 and by Lot 9 of the aforementioned subdivision North 52 degrees 06 minutes 54 seconds West a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to an iron pin; thence by Lot 8 of the aforementioned subdivision North 37 degrees 53 minutes 06 seconds East a distance of five hundred twenty-four and eighty-three hundredths (524.83) feet to a point in the centerline of T-591; thence in along and through the centerline of T-591 South 52 degrees 05 minutes 24 seconds East a distance of two hundred ninety-six and sixteen hundredths (296.16) feet to a point in the centerline of T-591 (Old Stone House Road) and place of BEGINNING. Containing 3.567 acres of land as surveyed. IT BEING part of the same premises which John J. Snyder, by deed dated July 17, 1998 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 181 at page 724, granted and conveyed title unto Realand, Inc, the grantor herein. PREMISES BEING: 290 OLD STONEHOUSE ROAD. File #: 122271 hereby states that he/she is VICE PRESIDENT of M & T MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Diane hinson DATE: Vic::: 9' ; "'.Adent = o -Tj < T '7 C.) 'r'. OU) SHERIFF'S RETURN - REGULAR CASE NO: 2005-04500 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS WENTZ JAMES A ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WENTZ JAMES A the DEFENDANT at 1830:00 HOURS, on the 8th day of September, 2005 at 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 by handing to JAMES WENTZ a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.00 Affidavit .00 Surcharge 10.00 .00 32.00 Sworn and Subscribed to before me this 22, day of G A. D. Prot tart' So Answers: R. Thomas Kline 09/09/2005 PHELAN HALLINAN SCHMIEG By: epu y/ f SHERIFF'S RETURN - REGULAR CASE NO: 2005-04500 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS WENTZ JAMES A ET KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WENTZ KELLY L AKA KELLY L WOOD the DEFENDANT , at 1830:00 HOURS, on the 8th day of September, 2005 at 290 OLD STONEHOUSE ROAD CARLISLE, PA 17013 by handing to JAMES WENTZ, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His 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 day of A.D. Pro otary So Answers: R. Thomas Kline 09/09/2005 PHELAN HALLINAN SCHMIEG By: De ut er' ff PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF M & T MORTGAGE Court of Common Pleas CORPORATION,... . Plaintiff Civil Division vs CUMBERLANDCounty JAMES A. WENTZ No. 054500-CIVIL TERM KELLY L. WENTZ PHS# 122271 Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. '-? Date: October 15, 2008 Francis Hallinan Attorney for Plaintiff t ? *?,a ?` ` ?4, _ c? ?"+ ?` - ? y ?. . ?> ?, -- . _° :: T c,; --?c