HomeMy WebLinkAbout06-0730
. PHELAN 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 S/B/M TO
KEYSTONE FINANCIAL BANK, N.A., D/B/A
KEYSTONE FINANCIAL MORTGAGE
1 FOUNTAIN PLAZA,6TH FLR.
P.O. BOX 840, NY 14240
BUFFALO, NY 14203
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
(!;uLL~~
CUMBERLAND COUNTY
Plaintiff
NO, DI.. -'7..b
v.
DEAN C. CAREY
1045 MEYERSTOWN ROAD
GARDENERS, P A 17324
Defendant
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 LA WYER AT ONCE. IF YOU DO NOT HA VE A
LAWYER, GO TO OR TELEPHONE THE OFFlCE SET FORTH BELOW. THIS OFFlCE CAN PROVIDE YOU
WITH INFORMA nON ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE
YOU WITH INFORMA nON ABOUT AGENCIES THA T 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 #: 129995
File #: 129995
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 AFfER 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.
r
1. Plaintiff is
M&T MORTGAGE CORPORATION SIEIM
TO KEYSTONE FINANCIAL BANK, N,A.,
DIEI 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:
DEAN C. CAREY
1045 MEYERSTOWN ROAD
GARDENERS, P A 17324
who islare the mortgagor(s) and real owner(s) of the property hereinafter described,
3, On 0310611998 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Oftice of the Recorder of
CUMBERLAND County, in Mortgage Book No. 1437, Page: 154.
4, The premises subject to said mortgage is described as attached,
5, The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 1010112005 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.
rile #: 129995
6. The following amounts are due on the mortgage:
Principal Balance
Interest
09/01/2005 through 02103/2006
(Per Diem $16.34)
Attorney's Fees
Cumulative Late Charges
03/06/1998 to 02/03/2006
Cost of Suit and Title Search
Subtotal
$80,867.56
2,549.04
1,225.00
98.57
$ 550.00
$ 85,290.17
Escrow
Credit
Deficit
Subtotal
0,00
1,233.81
$ 1.233.81
TOTAL
$ 86,523.98
7. 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 Sheriff's 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.
9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds
$50,000.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$
86,523.98, together with interest from 02103/2006 at the rate of$16,34 per diem to the date of Judgment,
and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe
mortgaged property.
PHELAN HALLINAN & SCHMIEG, LLP
C. /l/,'/.
~~,./ .~~
By: IsIFrancis S. Hallinan
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 129995
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MORTGAGE
THIS MORTGAGE rSecurity lnstrument") is given on
19<JS .ThemorLgagoris DEAN C CAREY, A Singl~
MARCH
Person
6th
KEYSTONE f'lNANCIAL M:GR'fGA.GE*
under the laws of UNITED STAtE.S OF AMERICA. , and whuse :itJdre.<is is
2270 ERIN COURT P.O. BOX 7628, LANCASTER, PA 176Q4~76?R
Borrower owes Leader the principal sum of
EICHTY-NINE THOUSAND AND NO/lOO
Dollars (U.S. .$ 89,000.00). Thi.<.; debt ~s evidenced by Borrower's note
dated tl-le same dale 8,<; lh~ Security Instrument ("Note"), which provides for monthly payments, witb the full debt, if not
paid earlier, due and payable on APRIL l~t. 2028 . "I'his Security Instrumenl secure!; In
Lender: (a) the repayment of the debt evidenced by the Note, with interest, ilnd aU renewals, extensions and
modifications of the Note; (b) the payment of all other sums, with in teresi, advanced under paragraph 7 to protect tbe
security or this Security [Witrument; and (c) the perfonnance of Borrower's covenants and agrecml;nls under Ihis
Security Instrument and the NOlc"!'Fof this put[Rlf,e, BOHower does hereby mortgage, grant and convey to Lc-.n.der the
foUowing described property located in CUMBERLAND County, Pennsylvania;
(RlJorrower"). This Security Ipstrumenl is hoiven to
, which is organized and existing.
CLerlder").
'SEE ATTACHED LEGAL DESCRIPTION'
'Which hao:. the address of
1045
~.
'J:
~ERSTOWN RD
IStI\'et]
rPropcr1y Addn.:,~.);
GARDNERS
lei'}-!
Pennsylvania
17324.9037
fZipCcxiej
TOGETHER WITH all the improvements now or nereafter erected 00 the property, and all eao:.ements,
appurtenances, and fixtures now or hereafter a pari (l[ the p'wpcrl)'. AU Icpwccment... and addition... shall also be
covered by this Security Jnstrumen.t. All of the foregoing IS referred to in thi!> Security Instrument as the 'PTOpl:rly.~
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mdttgage, grant and convey the Property and that the Property is unencumbered, except for encumbcance$ of IecOId.
Borrower warrants and will ddc.nd genet"ltlly the title ((I (he Properly l:IbTltiD.!it an claims aDd demand..., subject to any
encumbrances of record.
THIS SECU.RITY INSTRUMENT combines uniform covenants for national use aod lIon-uoiform covenants with
limited varilllions by juri~diction to constitute a lUtiform sec.urity in.'\trumeot covering real property.
UNIFORM COVENANTS. BorroW~r and Lender covenant and agree a.s foliows:
1. Payml:1l1uf Principal and Interest; Prepaymea.t aud Late Charges. Borrower !'.l.1all promptly pay wben due the
principal of and inte-re1>t on the debt evidenced by the Notc and any prepayment and late charges due under \he Nole.
Z. Funds fQl' Tax~ and Insurance. Subject to applicable Jawor to a written waiver by Lender, HOrrower ~ha\l pay
to Lender on the day mootWy payments are due under tbe Note, until the Note is paid in ful~ a sum CFunds.") lor: {a)
yearly htxc,> and asscssmcn(.~ which may l1thlln priority uver Ihi.~ Security InstrumenlllS 8 lien on the Properly; (b) yearly
leasehold payments or ground rents on the Property, if any, (c) yearly hazard or property iasurane-e premiums; (d)
yearly flood insurance premiuUls, if any; (e) yearly mortgage lns\I,ance premiums, if aoy; and (t) any sums payable by
Btlrrower to Lcnul:r, in ltccord.ltnce with the pruvi!;ions of p(:\ragraph 8, in lieu of the p<lyment of mortgage insurance
premiums. Tbese items are called "Esccow Items." Lender may, at any time, collect and hold Funds in an amount not to
exceed the maximl1m amount a le1wer for a federally reluted mortgage loan may require tor Borrower's e~ow account
under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. ~ 1{i(n
et seq. ("RESPA~), unless another law that applies to the Funds sets a les.,;er amuunf. If so, Lender may, at any time,
collect and hold Fund.,; in an amOWlI nut to eKtt\:d lhl.: I~\cr umount. Lender muy estimlllc Ihe amounL of Funds Jue
on (be hasi.~ of curn:oL daht and rea~(Jnl:lhlc c."tima\c~ uf cxpc.ndilu1l.;.'; of fulurl> E.'1crow hem!'. or (Jlhcrwi,~c in
aecunLmcc wiLh appliOlhtc law,
PENNSYLVANIA ....<;ingle Family-F.rude MaefFrmdle Mu L'NlffiRM tNSTRHM"F,NT
ALhfAllal,'lIlD6l
Loan 'f0: 0006?,~6(~
F"UJ1'lI JlU9 '/90 (jlfl!' I npplgf'!5)
*KEYSTONE NATIONAL BANK IS A N.4.Tl,ONA.L BANKING ASSOCIATION TRADING AND DOING
BUSINESS AS KKYSTONE FINANCIAL MORTGAGE.
Boud437,AGE .154
/'/'(tlj;
~AI
The FunWi shall be held in an institution whose deptlsils .are in....ured by a federal agency, instrumentality, or entity --'t.'
(including. Lender, if Lender is such an institution) or in any Fcdcntl Home Ulan Bank. Lender shaU apply the F'l.I.m.!.Jo. 11l
pay tbe Esc:row T1cm~. under may not charge Borrower for hlllding aDd applying the Funds, anoually an:dynng the
escrow account, or ve.rifying the Escrow ltems, unless I.ender p.l:Iys Borrower interest on the Pund~ and applicable I.l:IW
permits Lender to make such a chatge. However, Lender may require Borrower to pay a one-time charge [or an
imJepe.ndent real estate tax reporting servicc used hy Lender in conJlectlon with this loan, unless applicable law provides
otherwise. Unless an agreement is m..de ur applicable law requires interest to be paid, l.cndcr 5hliU not be required to
pay Borrower any interest or eamifll}'i un the Funds. Borrower and Lender may agrcc in writing, however, that interest
s.b.aU be paid 00 the Funds. lender shall give to Borrower, wichout charge, an annual accounting of the Funds, shQwing
credits and deb&ts to the Fund!:. and the purpose for which each debit to the Funds WIDl made. Tbe Funds are pledged as
additiocal securily for all sums !iecuroo by t(Us Security lnstrument.
If the funds held hy Lender exceed the amoUllts perm.itted to be held by applicahle law, Lender shaJl account to
Borrower for [he t:xccs.'i Fund.. in accordance with fhe requirements of applicable t~w. if the amount of tbe Funds held
by Lender at any lime is nut ~ufficient to pay the Escrow Items whet1 due, Lender may so notify Borrower in writing.
alld, in sucb r~c "Borrower shaU pay fo Lender [he amount necessary to make up the deficiency. Borrower shall make
up the deficiency in nn more than twelve monthly payments, at: Lender's sole discretion.
Upon payment in fuU of aU !:,-ums secured by tbis ~rity Instrument, l.cndcr shall promptly refund to Borrower
any Funds held by Lender. If, under llar~aph. 21, Lendt'.r liha1\ acquire or sell the Property, Lender. prior to tbe
acquisitiun ur sale of the Property, shall apply any Funds held by l..cndcr ;II the lime of acquisition or sale as a credit
Itg-dinst the sums secured by tbis Security Jnsltument.
3. Application of Payments. Unless applicable law provides otherwise, all payments recei.ved by Lender under
paragraphs 1 and 2 sball. be applied: fQ"S{:, to any prepayment charges due under the Note; second.. to amounts payable
under {laragrsph 2; third, to interest due; fourth, to priracipal due; and last, to any l<llc charges due under the Note.
4. Charges; UCQS. Borrower shall pay aU tues, assessments, charges, lines .l:Ind impositions attrlbutabk to the
Propt:rly which may attain priority OYer this Security lnstcument, and 1cascho\c.l paymcnt~ or ground rents, jf any.
BomtwCr shall pay these obligations in the manner provided in paragraph 2, lU if nul paid in tbat manner, Borrower
shall pay them on time directly to the person owed payment. Borrower shall prumptly funu.'\h to Lender aU notices of
amounts to be paid under this paragraph. If Borrower makes. thcsc pliymenls directly, Borrower sbaU promptly fUl'nlsh
to Lender receLpts evidet1dng the payments.
Dorrower shall promptly discharge 'lIny lien wbicb has priority over this Security Instrument unless Borrower: (a)
agrees io writing to the paymcrll of the (J)UgatiOl.l secured by the lien in a manner acceptable to Lender; (b) contcsts in
good faith the lien by, ur delend", again...t enforcement of the lien in, I~al proceedings which in the Lender's opinion
operatc 10 prevent Ihe t:nforcemeul of the lien; or (c) secllCes from the holder ofthe lien at' agt"ccmenl sat.isf.l:lctory In
1.endc'1' !lubordinaling Ihe lien to this Security Instrument. If Lender detennines that any part of the P1'Upcrty i~ l'r.ubject
to a lien which rnl'l.Y attain priority over Ibis Security Instrument, Lender may give Borrower ~ nolicc identifying the liell.
Rorwwel' shallsati.'\fy the lie.n or lake one or more of the actions sel forth above within 10 days of the giving of nolice.
5. Hazard or Property Insurance. Borrower 5haU keep the improv~ments now existing or hereafter crecled on thc
Property insured against loss by fire, hazards included within tbe term "extended coverage~ and any other ha:tards,
including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounls
and fur the perind.... that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower
subject tn Lender's approval wlUch shall not be unreasonably withheld. if Borrower fails to maintain cover<tgc dcserih\:.d
abnve. Lender may, at Lender's option, obtain cover~e to protect Lender's rights in thc Property in accord<lncc with
paragraph 7.
All insurance policies and renewals shall be a.cceplable to under and shall include H slammrd mOr/gage clause.
Lender shall have tbe right to hold the policies and renewals, [f Lender rcq,uif~, Bunnwer shall (lrt)mptly give to
Lender all receipts of paid preI11iuttLS and renewal notices. [0 the event of loss, Rorrowcr shan gi'lle prompt notice to the
insurance carrieJ' and l...eoder. Lender may make proof of loss if nol made promptly by Bnrmwt:r.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shalf be applied to re~o(ation m
repair of tbe Property damaged, if the rr-storatioD or repair is economically fca'iible Hnd Lender's security is nol
lessened. if the restoration or repair is not economically feasible or 1.ender's sccurily wuuld he lessened, the insurance
proceeds shall be applied to the sums secured by this Sccudly Ins\rumcnl, whClhcT or nol then due. with any exces.... paid
to Borrower. 1f Borrower abandons the Property, or docs no! amwcr wilhin 30 dllfl' a nfltice from Lender tbat the
in.S\lTancc carricr has offered to lOCltle a c1liim, then Lcnder may collect the insurance proceeds. Lender may use the
prlJCCCdli (() rcptlir m r~lnre the Property or to pay sum." secured by this Security Instrument, whether 0' I\()t then. due.
Thc JO-day period will hegin when the notice is given.
U nJess Lender and Borrower otherwise agree in writing, llOy application of proceeds to principal shall not extend
or postpouc the due date of the monthly payments referred to i.n paragraphs 1 anl:! 2 or cbanK8 the amount of the
payments. If under paragraph 21 the: Property is acquired by Lender, Borrower"s right to any insurance policies and
proceed:> resulting from damage 10 the Property prior to Ihe acquisition shall pass to Lender to the extent of tbe sums
secured. by this Security instrument immediately prior to the acquisition.
6. O<:cupaucy, Preservation, Maintenance and Protection of the Property; Borrower's Loan ApptkatioR;
l..easdlolds, Borrower shalt occupY. establish, and use the Property as Borrower's principal residence within sixty day!)
after the e~cutjon of this Security Instrument and shall coptinue to occupy the Property as Bolrower's principal
residence for Dt least: one year after the date of occupancy, unless Lender otherwise ngTees in writing, which consent
sbalt nOI be unreasonably withheld, or unless extenuating circwnstances exist wbicb are beyond Borrower's contra!.
Borrower shall not destroy, damage or impair the Property, allow the Propcrty to deteriorate, or commit was.te on the
Property. Borrower shaU be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in
Leader's good faith judgment rould Jesult in forfeiture of tbe Property or otherwise materiaUy impair the lien crcar.ed
by this Securiry [l1Strument 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 be dismisse-d 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 fly t.hlJ; ::;'ecuriry ImlJrumenl or Lender'" security intere<>t. BOM"ower shall alw. be in default if BOfTower, dUr1rlg
the loa.n. application process, gave materially false or inaccurate infonnution or sllilt::Int::ots to under (or (liued lu
provide Lender with any material information) in connection with the loan evidenced by the Note. including. but not
limited to, representations concerning Horrower'f; occupancy of the Property as :1 principal residence. Jf this Security
Instrument is on a leasehold, BOJTowcr shall comply with all the. provisions of the lease. If Borrower acquires fee title to
the Pwpt:rly, the lcast:hold amllhe fec tidc 1ihall nol. merge unless Lender agrccs to the mcrger in writing.
ALl!PMl)2/'1ll.l'"
souK1437 rAGE .155
Form 3039 9{90 (pagdf)/5pu~I)
LOAN IV, 00062364
? ProtectiOD of Leader's Rights in the Proptrty. If Borrower fails to ~fform the covenants and agreenitotf,/flt
contained-in lh~'i Securiry Instrument, or there is a legal proceeding that may significantly affect Lender's rights in tbe' "'~-p..
Properly (sw.:h 3'ti1 a proceeding in bankruptcy, probate. for condemnation or furfeiture or to enf()f{:e la~ Of ' . '..' /{ A1I
regulations), then Lender msy do and pay for whatever is necessary to protecf the value or the Property and Leader's . ""'t'
rights in tbe Properly. Lender's. actions may include paying any sums secured by a lien which h.J:Ii-i priority over this
Security Instrument, appeariog in court, paying reasonable attorneys.' fees and entering fin the Property [0 make repairs.
Althuugh Lender may take action under tbis paragraph 7, Lender docs nul. h~vl.: It) uo so.
Any amounts disblUsed by Lender under this paragraph 7 xhlln fx:.l.'ome additional debl of Borrower secured by
this S<<:\Ulty Instnunent. Unless Borrower and Lender l:lgn..~ to other terms of payment, these amoonts sball hear
interest from the date of disbul'1>ement altbc Note nILe and shall be payable, with interest, upon notice from Lender to
Borrower requesting payment.
S. Mflrtpge Insurance. H Lender required mortgase lnsurance as a conditiOQ of making the loan secured by this
Security Instrument, Borrower shall pay the pTemiums required to mamtain tbe mortgage insurance in effect. rf. for any
reason, the mongage insurancc coverage required by Lender lapses or ceases. tQ tx in effect, Borrc>wcT shan pay tbe
premiums required to obtain coverage 5uool1Ultially equivaIem to the mortgagt insurance previously in effect, at a C'.ost
substantially equivalent to the cost 10 Borrower uf (he mortgage josurance previously in effect, from an alternate
mortgage insurer approved by Lender. If substantially ctJuiv-..t1ent mortgage insurance coverage is not available,
Borrower shaIJ pa.y to Lender each month a. Slim I.:qu.allo l)ne~twdfth of tbe yearly mortgage insurance premium beinp;
paid by llorrower when the insurance coverage Ittpscd ur ccW\Cd LO be in effect. Lender will accept, use and retain these
payntents as a loss reserve in lieu of mortb'llGe insunmce. LIl&s. reserve paywenlli may no longer be required, at the
option Of Lender, if mortgage in.'5uram:~ cnverage (in the amount and for the peri.od that Lender 1equires) provided by
an insurer approved by Lender again l'eoomes availahle and is obtained. Borrower sball pay the premiums required to
maintain mortgage insurance in cffect, or to provide a loss reserve, until tbe requiremeat for motlgage insurance ends
in accordance with liny written agreement between Borrower and Lender or applicable law.
9. IOlipediun. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender
shaD give Borrower ftotice at the time of or prior to an inspection specifying reasOJW>}e cause for the inlfopcdion.
10. Condemnatloo. The proceeds of any award or claim for damages, dire<< or consequential, in Wllnedion wirh
any rondemnation 01 otber taking of any part of the: Property, or for conveyance in lieu or condemnation, arc hL-'Tcby
assigned and shalt be paid to lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured hy Ihis Scc:.'Uriry
lmtrwnent, whether or not then due, with any excess paid t() Borrower. In the eveRt of It partial taking of the Property
in which the fair market value of the Property immediately before the taking i~ equal tn nr gn:Hkr than the amount of
the 5UJllS secured by this Security Instrument immediatcJy bcfOTe Lhc laking. unl~", Burrower and Lender otherwise
agree in writing, the sums secured by this Security fnstrumenl lfohall be reduced hy the amount of the proceeds
multiplied by the following fraction: (a) the total amounl of the Slims !".Ccurcd immediately hefore the taking, divided by
(b) the fair market value of the Prope.rty immediately bcfor~ the laking. Any balance lIhall he paid to Borrower. [n the
event of a partial taking of the Property in which the fair market ~lue (If the Pruperty immediately before the laking is
less than the amount of the sums .sccuroo immedu..tdy hefore the taking, unless Borrower Ilnd Lender otherwise agree
in writing or unless applicable law otherwisc pnwidcs., the procee~ dmll he ilWlied to the sums secured by this Security
lostTllment whether or nollnc SUIflS ;:Ire Ihen due.
[f the Property is abandoned by Bonowcr, or if, after nol.ice by Lcnd~T 10 Borr(lwcr rhat. the condemnor flffer~ to
make an award or rettle a claim for damage&, Borrower fails to Te5pond lO Lender wilbin 30 dnys after the llate the.
notice is given, Lender i& aulhort',ed to wlkct ami apply the proceeds, al its llptiun, dlhcr ll) n:.~fnrl:llinn or repair of the
Property or 10 (he sums sCCUJ"cd by this Security Inldrumcm., whl.:thcr or dulLhcn due.
Unlcss Lender zmd Burrower nthcrwi,"C agree ill writing, any apfllication of proceed" ro principal shall not exteod
Uf puslponc the due dalc nf Ihe rrwnthly paymenls referred tn in paragraph... 1 and 2 or change tbe amount of such
payment:..
11. Borrower Not Rdea!red; Forbeant.d(.~ By Lender Nut II. WKivr:r. Extension of the time (or 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 tbe liability of the original Borrower or Borrowers successors in
interest. Lender shall act be required to commence proceedi.ngs against any successor in interest or refuse 10 extend
time for payment or otherwise modify amortization of tbe 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 mall not be a waiver of or preclude rhe exercise of any right or remedy.
12. SUCCe5SOl'S ..nd Assigns Bound; JoInt aod Several LiabUlty; Co-signers. The covenants and agreements of this
Security lnstrument shaJl bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions
of paragraph 17. Borrowers covenants and agreements shalt be joint and several. Any Borrower who ro--Sigl1S this
Securiry Instrument hut does not execute (he Note: (a) is co-signing this Security Instrument only to mortgage, grant
and convcy that Borrower's interesl in the Property under the teTms of this Security Imtmmenti (b) is not personally
obtigll.h:d. to p1l.Y Lhe sums sccuTcd by this Sccurily rnstrumcnt; and (c) agrces thal (.cndef a.nd a.ny otht:.r "Borrower may
1t&'Tl.:C (n ex1cnd, mndify, forhear ur mHke l:lny accummndaliuns wilh rcgard to (he terms of Ihis Security Instrument Of
tbe Note wirhout that Borrower'!; ennsent.
13. Loon Charges. If the loall :;.ecured by thi... Security Instrument i~ subject 1.0 II klw which sets maximum lO<tn
charges, and that law is fmally interpreted so that the inter~t nr ntht,:r loan charges collccled or 10 be cotleded in
connection witb the loan exceed the permitted limiu, then; (a) any sw:h loan charge shall be reduced by the amount
neces.."iaty to reduce tbe charge (0 lhe ~nniued Jjmit~ l:lnd (b) any sums ;ilrcady cot1cctcd from BOITOWCT which
elCCeeded perm.itted limits wiU be refunded to Borrowcr. LcndCT may choose Lo make Ihi.s n:fund by reducing the
principal owed undec the Note or by making a direct pliymcnlltJ Borrower. rf it T{;fund reduccs prinopal, (he reduction
will he treated a.'i a partial prepayment. without any prcpBymeol charge under lhe Nolc.
14. Notices. Any notice to Borrower provided {or in thi~ Security lost,rumenl sluIll he brlVCn by delivering it IIr hy
mailing it by first clas... mail unless applicable law requires. use: o{ finOI:rn:r mClhud. The notice shall Jx: din:clcd (n the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by
firM cIa.<l,.<;, rnaillo Lender'1I addrc~ ~atcd herein OT any other address r .ettder designates by notk.e to Borrower, Any
notice provided far in this Securil:y instrument shall he detmt:d In have heen given In BnITtlWCT tit' Lender when g\'iCR
as provided in this paragraph.
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LOAN ID: 00062364
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26. Interest Rate After Judgment. Borcowcr agrees [hat the interest rille payable after a judgment is entered on
the Note or in aD action or mllTtgage foreclosure shaU be the rate pltyabh: from time to ti.me under the Note.
Z7. Riders to this Security ln8tnunenl. If one or moce riders are executed by Burrowe-r and recorded together
willl Ihis Security [n.strUl\1ent, the covenants and agreements of each such rider sball be incorporated inh1 and ~b.all
amend and supplement the oovenant5 and agreements of this Securily fnstrument as if the rider(s) were a pari or this
Security Instrument. (Check applicable box(es)l
o Adjustable Rate Rider
o Ctmdominium Rider
n 1-4 Family Rider
o Graduated Payment Rider
o Planned Unit Development Rider
o Biweekly Paymenc Rider
o BallOl.In Rider 0 Rate Imf't"ovement Rider
[3'6thec(,) [.pecifyl J.e' 1(' C'-f'
o Second Home Rider
BY SfaN[N(J BELOW, Borrower accepts and agrees lo lnc term:. and covenants contained in (his Security
lnstromen( and in any ridcr(s) cxeCJ:,-tcd by Borrower and re<:orded with it.
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COMMONWEALTH OF PENNSYLVANIA, C,utt:.l'{ 'ljil,'~ t:ount,ys" ' ' __~ ' '
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On 'his, the (? T ~ day of L-( V, t- '-. ,hd"," me, L"- 1(.. rco,( ,",L
'-}){'<<11 C C a vt the Unde"ignedoffi~', pmon.lly 'pJ'C"od
known to me (0' salisJ."'}~ilY,p',ov1) to be the pmon('; whose n.mei/l(y"o suhse,ihod I",he within i""'<umen'
aod acknowledged (ha~y executed the ~ame for the purposes hercm contained.
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IN WITNESS WHEREOF, r hereunto sct my hand and ufficia1 syal. /
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LOAN ID: 00062364
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ALL THAT CERTAIN tract of land situate in Dickinson Township.
Cumberland County, Pennsylvania, bounded and described in accordance
with draft of survey made by T. Q. Beitsch. Registered Surveyor, in
May, 1968, as follows:
BEGINNING at a point in the public road known as Myerstown Road at
corner of land now or formerly of John Marks and land now or formerly
of william S. Daniels and wife; thence from said point at the place of
beginning along said line of land now or formerly of William S.
Daniels, and wife, and along said Myerstown public road, North 6 1/2
degrees West. a distance of Two Hundred Ninety-seven (297) feet to a
point in said road; thence along line of other land now or formerly of
Samuel L. Yeingst, et UX, North 85 degrees East, a distance of Three
Hundred Ninety-six (396) feet to a stone fence corner in line of land
now or formerly of John Marksi thence along said line of land now or
formerly of John Marks, South 47 degrees West, a distance of Four
Hundred Eighty-six (486) feet, more or less, to a point in said
Myerstown public road, the place of BEGINNING.
BEING a triangular-shaped tract of land containing 1.3 acres, more or
less.
TOGETHER with the right to use water from the well situated on the
adjoining tract of land, Cumberland County Deed Book 33-L, Page 514,
so long as the above-named grantee or his heirs own the herein
described premises.
BXCEPTING AND RESERVING, however, unto Doris L. Jumper and Harry E.
Yeingst the right of first refusal in their favor, wherein if said
grantee desires to sell this property, it shall first be offered to
Doris L. Jumper and Harry E. Yeiugst, owners of the adjacent prope:t-ty,
at the same price as any bon~ fide offer received for said premises.
BEING THE SAME PREMISES Susan K. yeingst, Administratrix of the Esatate
of James L. Yeingst, deceased, by her deed dated May 8, 1996 and
recorded may 10, 1996 in the office of the Recorder of Deeds _for ; ~,
Cumberland County in Deed Book 138, page 1176 granted and convpyepJcQ,'
Dean C. Carey, single man. .... J '
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LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with improvements thereon erected situate in Dickinson Township,
Cumberland County, Pennsylvania, bounded and described in accordance with draft of survey made by T.O. Beitsch,
Registered Surveyor, in May 1968, as follows:
BEGINNING at a point in the public road known as Myerstown Road at comer ofland now or formerly of John
Marks and land now or formerly of William S. Daniels and wife; thence from said point at the place of beginning along
said line ofland now or formerly of William S. Daniels and wife, and along said Myerstown public road, North 6 1/2
degrees West, a distance of Two Hundred Ninety-seven (297) feet to a point in said road; thence along line of other land
now or formerly of Samuel L. Yeingst, et ux, North 85 degrees East, a distance of Three Hundred Ninety-six (396) feet to
a stone fence comer in line of land now or formerly of John Marks; thence along said line of land now or formerly of John
Marks, South 47 degrees West, a distance of Four Hundred Eighty-six (486) feet, more or less, to a point in said
Myerstown public road, the place of BEGINNING.
BEING a triangular-shaped tract of land containing 1.3 Acres, more or less,
AND BEING known and numbered as 1045 Myerstown Road, Gardners, Pennsylvania 17324.
ALSO BEING the same premises which the Court of Common Pleas of Cumberland County, Pennsylvania, by its
Decree Awarding Real Estate dated July 8, 1988 and recorded on July 8 1988 in Cumberland County Deed Book 33 'L'
516 awarded to James L. Yeingst, decedent herein..
PROPERTY BEING: 1045 MEYERSTOWN ROAD
File #: 129995
VF,RlFICA nON
FRANCIS S, HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF
in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not
be obtained within the time allowed for the filing on the pleading, that he is authorized to make this
verification pursuant to Pa. R. C, p, 1024 (c) and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and
correct to the best of his knowledge, information and belief Furthermore, it is counsel's intention
to substitute a verification from Plaintiff as soon as it is received by counsel,
The undersigned understands that this statement is made subject to the penalties of 18 Pa, c.s,
See, 4904 relating to unsworn falsification to authorities,
J-; / lQ~~
FRANCIS S. HALLINAN, ESQUIRE
Attorney for Plaintiff
02h4
, ~
DATE:
p ~ 8
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-00730 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
M&T MORTGAGE CORPORATION
VS
CAREY DEAN C
VALERIE WEARY
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
CAREY DEAN C
the
DEFENDANT
, at 1940:00 HOURS, on the 23rd day of February, 2006
at 1045 MYERS TOWN ROAD
GARDNERS, PA 17324
by handing to
DEAN C CAREY
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
Service
Affidavit
Surcharge
So Answers:
18.00
9,68
.00
10,00
,00
37,68
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R, Thomas Kline
02/24/2006
PHELAN HALLINAN SCHMIEG
Sworn and Subscribed to before
By:
(/J' h/y/
Deputy Sheriff
me this ld
day of
PHELAN HALLINAN & SCHMIEG, LLP
BY: FRANCIS S. HALLINAN, ESQUIRE
Identification No. 62695
One Penn Center at Suburban Station
161 7 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
M&T Mortgage Corporation, et al
Plaintiff
ATTORNEY FORPLAINTWF
Court of Common Pleas
Civil Division
vs.
Cumberland County
Dean C. Carey
Defendant
No. 06-730
PRAECIPE
TO THE PROTHONOTARY:
X 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.
Please withdraw the complaint and mark the action discontinued and
ended without prejudice.
Date: 3>/~ OJ
,
~5.I.:f)
Francis S. Hallin~, Esquire
Attorney for Plaintiff
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129995
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