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Home My WebLink About06-1145 , -. Gf>LDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D.. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORA nON PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW JEANM. TAYLOR MARK R. T AYLOR Mortgagors and Real Owners 4 Cloud Court Mechanicsburg, P A 17050 ACTION OF MORTGAGE FORECLOSURE THE UNITED STATES OF AMERICA Defendants Term /7 l No.Ol.. -//'IS I...:lo~ CIVIL ACTION: MORTGAGE 1€l2...h1. Frn'lECl..OOtJRF NOTICE You have been sued in court. If you wish to defend against the clltims set forth in the following pages, you must take action within twenty (20) days after the 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 claim in the Complaint of 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. THIS OFFICE 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 INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARlO QUE USTED RESPONDA DENTRO DE20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARlO QUE USTED, 0 SU ABOGADO, REGlSTRE CON LA CORTE EN FORMA ESCRlTA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. . RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMAND ANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VA Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. EST A OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. I). Call an attorney. For referrals to a qualified attorney call either ofthe following numbers: 717-243- 9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MT-0952. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. ..' COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T MORTGAGE CORPORATION, PO Box 840, Buffalo, NY 14240-0840. 2. The names and addresses of the Defendants are JEAN M. TAYLOR, 4 Cloud Court, Mechanicsburg, P A 17050 and MARK R. TAYLOR, 4 Cloud Court, Mechanicsburg, P A 17050, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. Defendant, THE UNITED STATES OF AMERICA, is named a Defendant pursuant to 28 V.S.C. Section 2410, and Plaintiff requests that a judicial sale be held ofthe Property. 4. On August 15,2002 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to M&T MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1769, Page 654. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 5. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 6. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for July 01,2005 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 7. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 06/01/2005 through 02/28/2006 at 7.5000% Per Diem interest rate at $26.24 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 07/01/2005 to 02/28/2006 Monthly late charge amount at $58.61 Costs of suit and Title Search Escrow Monthly Escrow amount $254.46 $127,692.29 $7,163.52 $6,384.61 $468.87 $900.00 $358.10 $142,967.39 8. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriffs Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 9. Plaintiff is not seeking ajudgmen( of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge oftheir personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. ..' 10. Notice ofIntention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B", The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 11. THE UNITED STATES OF AMERICA, the above named Defendant, has a lien filed of record, set forth in Exhibit 'c' which is attached and made part of this Complaint. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $142,967.39, together with interest at the rate of $26.24, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure ofthe Mortgage and Sheriffs Sale of the Property. By: cfC{17Hjl- GOLDB, CK1 cCAFFERTY & McKEEVER By: JOS#PH A: GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF ..' VERIFICATION I, Diana M. Robinson, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: ) Zl-Cb / ) t<--- Diana M: Robinson M&T MORTGAGE CORPORATION p,~lii6it Jl " Legal Description ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring, in the County of Cumberland and CommonwealLh of Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point on the southern side of the cul-de-sac of wheat Field Lane at the dividing line of Lot No. IS 2 and 7 on the hereinafter mentioned Plan of Lots; thence by a curve to the left having a radius of 50.00 feet, and an arc length of 46.36 feet to d point at the dividing line between Lot No. 's 7 and 9 on said Plani thence along said dividing line South 29 degrees 41 minutes 00 seconds West. 146.22 feet to a point at line of lands now or formerly of Conrail; thence along said Conrail Lands North 78 degrees 19 minutes 40 seconds West, 616.59 feet to a point; thence continuing along lands now or formerly of Conrail and continuing along lands now or formerly of John C. Yorlets, North 52 degrees 24 minutes 00 seconds East, 29'1..31 feet to a pointi thence continuing along the same North 29 degrees 23 minutes 00 seconds East, 85.40 feet to a point at the dividing line between Lot No.ls 1 and 7 on said Plan; thence along said dividing line and along line of Lot No.2 South 60 degrees 19 minutes 00 seconds East, 433.17 feet to a point on the southern side of the cul-de-sac of Wheat Field Lane, being the point and place of BEGINNING. BEING Lot No.7, being known as the plan of Mulberry Acres, as shown on said Plan of Lots prepared by H. Edward Black and hssociates and recorded in the Office of the Recorder of Deeds in and for cumberland county, Pennsylvania, in plan Book 49, Page 39. UNDER AND SUBJECT to restrictions recorded in the Office of the Recorder of Deeds in and for Cunilierland County, Pennsylvania in Misc. Book 313, Page 854. BEING TIlE SAME PREMISES which Mulberry Acres of Mechanicsburg, Inc., a corporation, by their deed dated January 30, 1987, and recorded on February 2, 1987 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book M-32, Page 371 granted and conveyed unto Mark R. Taylor and Jean M. Taylor, his wife. , :v (his to he rccorclcd 'i;-,:hci-jand County PA .. ,) -U;-oO.L: _ .' ,_,f~~ "'~ '. .;0 '<J l~eCOlder of Dccds ilK \ 7 E/:3\'GGb 10 p,~lii6it (B M&T Mortgage Corp. P.O. Box 1288 Buffalu, NY 14240-1288 BMfl'MortgIIgeCapolatloo ~&J~""'_ 0911212005 Certified No.: 71826389306006799558 JCIUlMTaylor 4 Cloud Ct Meehanicsburg, P A 17050 ~OWNERS NANE(S); ,Jean M Taylor PROPERTY ADDRESS: 4 Cloud Ct .~lw.nIQ.bul'lll. PA 1'060 LOAN ACCT r<<J: OooB202712 QJRRen LEMDERfSERVICER: 1Il&.T JIortgap Corporation HOMEOWNER'S EMERCENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIG181:F.. FOR t'lNANCIAI As..~ISTANCE \\-'RICH CAN SAVE YOUR HOME- FROM tURECLOSURE AND HELP YOU MAKE FUT11KE MORTGAGE PAYMENTS IF YOU COMPl,Y WTTIt THE PROVISIONS OF mE HOMEOWNF.R'S EMERGENCY MORTCACE ASSISTANCE ACT OF 1983 (mE" Acr.). YOU MAYBE ELIGIBLE FOR ItMERGRNCY MORTGAGE ASS1STANCE: IF YOUR DEFAUI.T HAS DEEL\' CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A RFASONABLE PROSPEct OF BEING Am,v, 1'0 i' AY YOUR MORTCAGE PAYMENTS, AND IF YOU MEET OTHER F..UGiBILlTY REQUIJt.EMEJ'.lJ'S ESTABLISHED BY THE PENNSVl,V Al\'IA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORF.CI OSVRE _ Under the Act. you are entitled to a temporary stay offoreclosure on your mortgage fur thirty (30) days from the date of this Nolie\:. During that time you must ncnmge and attend II "face-to-tae"meeting with om: oftl1c consumer credit counseling agencie:; listed at the end ofthis Notice.I1llS: MEETING MUST OCCUR WITHIN THE NEXT (3(1) DA YS. IF YOU DO NOT APPLY FOR EMERGI~CY MORTGAGE ASSI!'iT ANCE... Yall MIJST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTTCE CALLED~IIOW TO emu: YOUR MORTGAGE DEFAlJl T" F.XPLATNS HOW TO BRING YOUR MORTGAGF lIP TO DATE CONSUMER CKt<;OlT COL"NSIr.I,ING AGF..NClES - If you meet with roe of the conswm.:r L7edit c01JnseJing agency listed at the end of\hil'. notice, the lender may NOT take actiun against you for thiny (30) days after Lhc dl\tc of thili meeting. The names addresses and LeIt::nhllflC numhers of desi~a1ed consumer LTt:dit counsell"" 22encies for the county in whieh the IJnnx:rtv is locaTed are set forth at the end nfthi" Notice. it is only necessary to scbedule one face-to-face meeting. Advise: your lender immediately of your intentions. 1 aoo 724 1633 Corr9spondenCtl -P.O, Box 840. Bufralo, NY 1424O--D840 Payments _ P.O. Box 62182, BalUrnOfe, MD 21264.2182 MortgBf/fl pccount InfDnn/!Jtion,jrJf;t iii etiGk away. www.mandlrnol1gt1ge,CQm , APPLICA nON l<'QR MORTGAGE ASSIST .-.NeE .- Y uur murtgage is in default for the reasons set forth later ul this NOliee (~fullowing pages for speeific infomli.ltion about the nlltw-e ufyuur default) If you have lIied and are unable 10 resolve iliis problem with the lender, you have the right to apply for fWl;lncialassistance from the Homeowner'sEm<<g('Jlcy Mortgage Assistance Prugntm. To do Il(l, you must fill out, sign and file a completed Homeo",ner'sEIm:rgcnc:y Assistance Program Application with one '\lfthe designated conswner credit cOWlSeling agencies listed at the end ofthil> NotiCG. On\yoom.um~T crerlit counseling agfficies have applications for the PIDh'Tam and they will assist you in submiuing II. cumplete application to the Pennsylvania H{lusing FinlUlCC Agency. Your application MUST be tiled Or postmarked within thirty (30) days of yuur face-to-face meeting VOl: ~ flU; YOUR APPLICATION PROMPTLY.IFYOIJ FAJJ~ TO DO SO OR IF YOU DO NOT FOLWW THE OTHER TIME PERIOUS SET FORTH IN TRIS LET1'ER., mRF.Cl,OSllRE MAY PROC~':J..:u AGAINST YOUR HOME IMMEDTATRLY AND YOUR APPLlCA nON FOR MORTGAGE ASSISTANCE wn.l, HE DENIED. AGENCY ACI'ION - Available funds for emcrgl..'lIcy mortgage assistance are very limited. They will bc disbursed by dIe Agency Wldcr the eligibility criteria ('$Ublished by the Acl The Penl\!~ylvaf\\a Ilousing Finance Agency has sixty (60) days to make a d.xi:siun after it receives your application. During that time, nu forecJmurc proceedings will hepnrsue<i against you if you ha....e met the timcTcquirements set forth above. You will be notified directlyhy the Pennsylv'M1i~ Hoosing Financt: Agency of its decision on your lIpplication NOTE: ,tr YOU ARE CURRENTLY PROTECTED BY TilE HUNG OF A PETITION IN BANKRUPTCY. Tn..; I<'OLLOWING PART OF THIS NOTICE IS FOR lI\FQRMATION PURPOSES ONLY AND SHOULD NOT BE CO~SIDERED AS AN ATTEMPT TO COLLECT nlE DEBT. (H you hne fllet1 bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT fBnnp it uo tod.l~t J\'A TURE OF THE DEF AUt T -The MORTGAGE debt held by the above lemk:r on ynur pmper1)' located at: 4 Cloud Ct IWchan1clltlLlrsr. PA. 170&0 IS SERIOUSl.Y IN DEFACLTbecause; YOU llA VE ~OT MADE MORTGAGE r A YMENTS for the following months and the fullowing amounts a~ now pa81 duc: ~lar payeents of $1172.1a far 't.hB Wlanths at 07/01J200!5 through ta~'. d.t.: Gt'-"" charli''': Accrued L.ate en.,...: Accn.-c:l Other- ChaI"'ge5 TOTAL AMDLWT PAST DUE: . . . . 38U!.54 ,31' ,S7 0.00 3l!!54.21 HOW TO CURE THE DF.FAlJLT -You may cure tbe default within TIl!RTY (30) DAYS of the date oflhili; notice DY rAVING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHTClllS $3654.21, PLUS ANY MORTGAGE VA Ylv1ENTS AND LATE CHARGES WflTC1IlJECOME DUE DURING THE THTRTY (30) DAY PERIOD. Pavments mu~1 he mane either by cash cashier'sch~ek. certified check ormonev nrder mad~ navable and sent to: M&'f Mortgage Corporation One Fuu.ntain Plata' jth Floor Artn: Payment Processing Buff.ro, NY 14203 Yuu can cure anv other detimlt bv tllldna Ihe following action widtin THIRTY (30\ DAYS of the date arthis letter. IFYOIJ DO NOT CURE THR OEFAllI,T_lfyou do not cure the defaull within THIRTY (30) DAYS of the date of this Notice, the lender intends to eJ:erclse 10 rights to accelerate tbe mortgage debt. nus means that the entire outstanding balance of this debt will be considered due immediately and you may luse: thc chance to t'l\\y 1he mortgage in monthly inslalhncntli:. Tffull payment ofthe totalllmoWlt pam: due is: not made wilhin THIRTY (30) DAYS. the lender also intends to instruct its attorneys to 6fan legal action to fondose upon your mortgaged property 18(107241633 Correspondence - P,O. ~lWJ, BuIfalo, NY 14240-OI'I4{) Payments-P.O. Box 62182, Ballimare, MD 21264-2182 Mortgage acct/(/n/ m(ormetlon,jU$! /I clicll away, www.mandtmortgagfLcom IF THE MOR.TGAGE IS FORECLOSKn UPON ..1be mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender ref~s your case to its attonleys., but yuu eure the delinquency before the lender begins legal prm..-ccu'tngN against you, you will still be required to pay the reasonable attorney's fees that were aetually:inCllITcd, up to $50,00. However, if legal proceedings are started against you. you will huvt: lo pay all reasonable attorney'sfee$ acmalJy illCWTed by the lender t:'1cn ifthey e'Kceed $~.O\.l, Any attorney's fees will be added to lite lIIT10unt you owe the lender, which may also include otlJtt reasonttblc costs. If YflU cure the default within the TmRTY (30) DAY peI'iod. you will not be required to pay attorney's fees. OTHER LENDER REMF.OTES __ The lender may also sue you personlllly for the unplIid principal balance and all other sums due under die mortgllge. RIGHT TO CURE THE DEFAUI.T PIUOR TO SHERIFF'S SAI.E._ Ifyuu hll.ve not eured the defaull within the TIIJRTY (30) DAY period and foo:clu:lUTc proceeding, have begun, you still have the righllu eW'C the default and preVt:Tlt the sale at any time up to one how-before the ShcriiI'sSale. You may do so by paying me total amowlt then past due, plus any lall;: ur other charges then due. reasonable attorney'sfecs and costs connec.ted with the foreclosure sale and any other costs cunnected wilt! the Sheriff'6Sale as specified in writing by the lender ;md by pt:rforming any other requimnents under the mortgage. Curinl: your default in the manner set forth in this noti~~ will n:~t{lore yuur mottga~e to the same position as jf you bad Dl!Vl!r defaulted. EARLIEST pOSSIBLE SHERIFF'S SALE DATE u It is estimated rhat the earliest date that such a SbaifT'1l Sale oHhe mortgaged property could he held would be .pprodmatcly 10 IJUml)u from thl! date oUhis Notice. A notice of the actual date of the Shericr~ Sale will he .~ent to you before the sale. Of course, the amount needed t.o Cltt the default will increase the longer you wail You rnll.Y find out:at any time exactly what Ihe required payment or action willtle by conull,..ting the lender. HOW TO CON"'ACT THE LRNDER' Name ofLe.d~r: M&T Mortgage Corporatiod ~P.O.&x840 Buffalo. NY 14240 Plaoue Number: (800) n4~16J3 EFFECT OF StiERlf'F'S SALE - You should realize that 3 SherifTsSale will end your ownership of the mongaged property and yourrightto occupy it. If you eominue to live in the property after the SheritrsSale. a laWS\lit to remove you and your fumishing.<i and other belongings could be statted by the lender at any time. ASSUMPTION OF .MORTGACIt - You _ mayor..! may not ~ll or transfer your home to a buyer or Q'ansferee who will assume the mortgage debt, provided thai till the outstanding payments, charges aud attorney's fees and costs are paid prior to ur tit the sale and that the other requirements ufthe mortgage are satisfied YOU MAY AL"O HAVE THI': RIGHT: TO SELL THE PROPERTY TO OBTAlN MONEY TO PAY OFF TIlE MORTGAl.iE DEBT OR TO BORROW MONEY FROM ANOmER lENDlNG TNSTTTLJTION TO PAY OFF THIS DEBT, TO Ht\. VI..: TBlS DEFAUL 1 CURED BY Ah'Y THIRD PARTY ACTING ON YOUR REIlALF TO HA Vb THE MORTGAGE RESTORED TO TIlE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TilE DEFAULT. (HOWEVER, YOU 00 NOT HAVE THIS RIGHT TO ClIRE YOUR DEFAULT MORE THANTHllliETIMES IN ANY CALENDAR YFAR.) TO A.S$E1U THE NONEXIS"TENCE OF A TJ}ijiAULT IN ANY FORECLOSlffiF. PROCEEDING OR ANY ornER LA WSUTT INSTITUTED .UNDER mE MORTGAGE DOCUM:ENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOu MA Y HAVE TO SUCH ACTION BY nm LE;\"llER TO ~F,EK. PROTBCiION UNDER THE FEDERAL BANKRUPTCY LA W. Sincerely, ~.,.. ~'r' Russell M. AJe~si Jr. Collections Manager .Ene- Act 91 Notice Consumer Credit Counseling Agencil:s Serving Your County 1 600 724 1633 Corrt1spoiidflt1C/J . P.O, Sox 640. Bu!'l'alo, NY 14240-0840 P$ymtlflls. P.O, Box 62182. B~)timore, MD 21254--2162 Mortgage ENXOunt information, Just a click away. 'MIM'.mandtmortgage.oom '. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE TlI:is Is an of'Dloial ooth:r that the morteKee on V(lur home Is in default ADd the lender intends to roredUlle. Soedflc Information about the nahlre of the default 15 nmvlded In the attached DalleS The ROMWWNER'S MORTGAGE ASSISTANCE PROGRAM IH.EMAPl mav be able to belo 10 san your home. This Notice exntaill.!io hov; the Ofm!"ram 'Works, 1'0 see if REMAP can IIrID. you musl MEET WITH A CONSlJMER CREDIT COUNSELING AGENCY WrrmN 30 DAVSOf THE DATE OF THIS NOTICE. Takefltis Notice with vou wlten "OD mrc! with tbe CounSl!Iio9 Al!'enev The Rame. .ddrefllll and Dhone number of COdsumer Credit Coadse.lou AnDcies ser"in2 'Your ConnlY are listed at tit.. end of lhill Notice Jfvou have aDV ouedlons. vou roa\' C1IlJr lhe Peonnlnnla HouRln" ,,'Inanrf: Afttlev ton free st 1-800-341_1.'.n (Penona with imoalred hearinl!' call call (717) 780-186'). This Notice eonhuuli important legal information. 1f)'Qu han any questiuns, repre!'oentatl\'e~ at tlw Consumer Credit Counsc[jDIil Agency may be able to help flxplaln it. You may also wanl La cuntllct an alluroey in your area. '[he local bar association may be .ble to help you nnd . lawyer. LA SOTlFICACION E:"J ADJUNTO ES DE SUMA TMIJORI'ANOA, PUES AFECTA SU DERECHO A CONTINUAR VIVJENDO EN SU CASA. 51 NO COMPRENDF. F:1.CONTENIDO DE ESTA NOTlFICAC10N QBTENGA 'INA TRADUCCIOl\" II\'MEDITAMENTE LLAMANDO ES'fA AGI<:NCIA (PENNSYLV ANlA HOUSING FINANCE AGENCY) SIN CARCOS AL NUMERO MENClONADO ARRUIA. rURDES SER ELECIBLE PARA UN PR'':STAMOPOR EL PROGRAMA LLAMADO "HOMEOWNER'S EMF.RGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PL'RDF. SALVAR SU CASA DE LA PERDIDA DF-f. DF.RECHO A REDIM1R SU HJPQTECA. 1 BOO 7241633 Correspondence - P.O, 8uJ<.840, Buftalo. NY 1424Q-OMO Payn1ents _ P.O, BoJc 62182, Baltimore, MD 21264-2182 Mot1gage account infotmatioll,jutd 8 click UlNay. www.mandlmortgage_com .. Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E IlighSIreel Gettysburg, PA 17325 (717) 334~151R CCCS of Weslern P A 2000 Linglestown Road Harrisburg, PA 17102 1 ~888~S 11-2227 Community Action CammissionufCa.ptial Region ] 514 Derry Street Harrisburg,PA t7104 (717) 232~9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 PhiladelphiaAvcnue WaynesbolO,PA 1726R (717) 762~3285 PHFA 211 North Front Street Harrisburg, P A 17110 1 ~800~342~2397 " , , i . , ! ?,J:a.\"",It.:1 ~Gh ::r~...g =a..oa.QD ;:;.til-03~ fIl_= l:-o' go ~"-l - 0.... ~ "1W ." ~ ~ <l '" '" ~ I 1 i , ~ o { ~ -"E ~ ~. i ~ O l ~ t d :a~ :::! . :!l ~ Ji ~ -: ~~ g,< ... ~ ... 0:> "" 0:> ~ .... .., ~ '" .. 11 M&rMortgage Corporation ASuOsi<ljmyulM~TAar'" January 18, 2006 Mark R. Taylor 4 Cloud Court Mechanicsburg, FA 17050 RE: Homeowner's Name(s): Jean M Taylor Property Address: Loan Acct .No. : Curent Lender/ Servicer: 4 Cloud Ct Mechanicaburg PA 17050 0008202772 M&T Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSrSTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBILE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQVIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days form the date of this Notice. During th~s t~me you must arrange and attend a IIface-to-facelr meeting wit.h one of the COnsumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHrN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE VP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the coneumer credit counseling agenices listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the country in which the property is located are set forth at the end of this Notice. It is only necessary to schedule One face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, 1900 1241633 . Co~rtdenoo-P,O_ Box 640, But1alo, NY 14240-0840. Fsyment.s- P.O. Box 1'l~1B2, Ballimore, Me 21264-2182 'Mortgage account information, just a click ,,"way. www_mal"ldtmortgage.com m M&rMortgage Corporation AStlhSidlaryriM&TBarik you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the ~rogram and they will assist you in submitting a complete appl~cation to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION POMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TrME PER rODS SET FORTH IN THrs LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME rMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has (50) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against ~ou if you have met the time requirements set forth above. You w~11 be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE, IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETrTION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSrDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 4 cloud Ct Mechanicsburg PA 17050 is SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGS PAYMENTS for the fallowing months and the following amounts are now past due: Regular monthly payments of $ 1172.18 for the months of 07-01-05 through today's date. Other charges: Accrued late charges:$ 321.23 Accrued other fees: $ 9.00 TOTAL AMOUNT PAST DUE: $ 8566.65 CL 954 t 8007241633 . COITesponDence- P.O. Bo:c MO, Buffalo, NY 142ol.0..()B40 . Pllyment6- P.O. Box 62182, Baltimore, MD 21264.2182 Mor1gaQe account information. just 8 click away. WWW,mandtmortgage.oom m1 M&fMortgage Corporation A Subllidiilry III M~T fkl~ HOW TO CURE THE DEFAULT -- You mar cure the default within THIRTY (30) DAYS of the date of this notLce BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 8566.65, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made by cash, cashier's check, certified check or money order made payable and sent to: M~T Mortgage Corporation P.O. Box 62182 Attn: Payment l?rccessing Baltimore, MD 21264-2182 You can cure any other default by tak~ng the following action within THIRTY (30) Days of the date of this letter: IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also.intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -. The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquencr before the lender begins legal proceedings against you, you w~ll still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue your personally for the unpaid principal balance and all other sums due under t.he mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure ~ale ~n~ other costs connected with the.Sheriff's Sale as specified In wrlt1ng by the lender and by perform~n~ any other requirements under the mortgage. Curing your default In the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. 1 BOO 7241633 ~ Correspondel\C6-P.O. Box84C, Bu!ttllo, NY 14240--l)84Q. PaymBTltS- P_O. BOll 62182, Baltimore. MD 21264-2162 MorlfJB.gB E/CCf;!un' information, lust B c:Iick tnt'sy. www.mandtmortge.ge.com <" m1 M&rMortgageCorporation ....Sul:JlldaryofM&J6ank EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 10 months from t~e date of this Notice. A notice of the actual date of the Sherlff's Sale will be sent to you betc~e the sale. Of course. the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M&T Mortgage Corporation Address: P.O. Box 840 Buffalo, NY 14240 Phone Number: 8QO-724-1633 EFFECT OF SHERIFF'S SALE -- You should realize that a Sheiff's sale will end your ownership of the mort~aged property and your right to occupy it. If rOll continue to llve in the property after the Sheriff's Sale, a awsuit to remo~e you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You mayor XX may not sell or transfer your home to a-nuYrer or transreree who will assume the mortgage debt. provided that a 1 the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RrGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURED, rF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDrNG OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTrON BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincer~ly. CL 955 Carol Schmidt Ene: 41 1800 724115'33 . Gorrl3SpO(lderw,:e - P.O. 6Qx 840. Buffalo, NY 14240-C&4t) . Paym9rlt$- P.O. Box 62'82, Baltimore, MD 21264-2182 MongB{}lJ 8CCOUllt In(OImatiOn, just i'I cfick away. www_mandtmortgage.com Date: ACT 91 NOTICE TAKE ACTION TO SAVE -YOUR HOME FROM FORECLOSURE This ill ID ollldal DOtlce thlt the mort~a~e OD vou r bome ill In default. IDd the leuder intends fa foreclose. 8Decific inConnatioD about the nature of the default Is orovlded in the attacbed U82"_ The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to helu to lave vour hOIDe. ThIs Notice emlabu how the uronlDl works. . . To see IfHEMAP COD helD. voo mast MEET WITH A CONSIlM1r.R CREDIT. COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE 011 'XBISNOTlCE.. Take thlI Notice with you wheo vou meet with the COUluellD.. Mencv. The Darne.. address and nhone nomber of Consumer Credit Cou.nlelinll' 'AIlendes servinii' your Conaty are lilted at the ead of this Notlee. U VOll have anv oueat1oua. yOU mav call the PenDSYlvanla Roulln" F10auce MeDcv toll free at l-lIllO-341-2397.lPersoos with Imualred hearln.. CIID call (717\ 780-1869). ThII Notice cODtulDslmportBol lepllnrormatloo.1fyou bave any qo..t1oos, repr_Dlalivea at the Coasumer CredIt Couo.ellDg Ageaoy may be able to help explain it. You may alia want to contact an attorney In your area.. The local bar aslociatioD . may be able to help yon nod Blawyer. LA NOTllllCACION EN ADJUNTO ES DE SUMA lMPORTANCIA, PUESAFECT A SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL ' CONTENIl)O. J)E ESTA NOTIFlCAClON OBT~GA UNA 1WUCClON ,.~~~~~tt~~'ftto~';tl~.i~G . PUEDES SER ELEGlBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO AllET>lMlIl.SU HlJ>OTECA.. Adams County Housing Authority 139.143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 L1nglestown Road Hamsburg, PA 17102 (717) 541-1751 CUMBERLAND COUNTY HEMAP Counseling Agency List as of 4128/2003 Community Action Commission of Captlal Region 1514 D.rry stro.t Harrisburg, PA 17104 (717) 232.9757 Loveshlp, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) T62.3285 PH FA 2101 North Front street Harrisburg, PA 17110 800-342..2397 Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 (}-I:( I , 'I ~,; i ~~i I~ii a. \ar I Go ~\ i~ 2i : \{j ~ '-...j ~ l>.l i\ I'G W I " I I I n l:;;ja [() if 1'<' "- " f I ~ i !It \ { I 7,60 3~D1 9841 3435 7470 i j \ I I I I I ~ ~ l \~ ~~ i i: ..a ~JJ '" I I'll ~~ ~~ ~ \~ i," {" ~ ~ I !! ~l "," (b' '" . 15 "'" ~: (to 'g I l' -r\ ~'\ , \.ll_\ I I I I [ I T '.J_ 3...t::2, '" (') ~ ,,- ..., .-:YE " ~$LXJ I) b" f)1 e-~-< c.B T is' .. ..., ;1 .... D v, o ~ :xl () ;:, ~. " tl> !5: '" .' n ~ ." :: .' <1> ~ - -. -0' - < (, iii' - c. .. Ii . . > p,~lii6it C . T Liberty Bell Agency, Inc. 701 Market Street, Mellon Independence Center- Suite 5001, Philadelphia, PA 19106 (215) 625-3660 . FAX: (215) 625-3689 Monday, January 30, 2006 FORECLOSURE REPORT Order #: LBA-23030A THIS SEARCH COVERS THE PERIOD TO 1/24/06 PREMISES: [Use legal description from deed attached] 4 CLOUD COURT Silver Spring Townshio Cumberland County, PA 17055 PARCEL NUMBER(s): TAX ASSESSMENT(s): 38-22-0146-ll60 2006 $187,510.00 OWNER OF RECORD: MARK R. TAYLOR, and JEAN M TAYLOR, husband and wife by deed from Mulberry Acres of Mechanicsburg, Inc Dated: 1/30/87 and recorded: 2/2/87 in Book M32 page 37 FEDERAL LIENS: #2002-4924 10/9/02 $68,160.58 -vs- Mark R. Taylor US Treasury Dept. Pittsburgh Office, Room 808, 1000 Liberty Avenue Pittsburgh, P 15222-9974 BANKRUPTCIES: None of record DELINQUENT Delinquent taxes and tax claims, If available, are shown hereafter. Possible additional tax delinquencies may exist, but TAXES: may not be readily available. Certifications need to be obtained to determine whether outstanding tax obligations exist. MUNICIPAL LIENS: None of record MORTGAGES: 3 of record $13,000.00 Mark R. Taylor and Jean M. Taylor To: Keystone Financial Bank, N.A. One Keystone Plaza, Harrisburg, Pa. 17105 Dated: 9/29/00 and recorded: 10/30/00 in Book 1648 page 437 $131,250.00 Mark R. Taylor and Jean M. Taylor To: M&T Mortgage Corp. 2270 Erin Court, P.O Box 7628, Lancaster, Pa. 17604-7628 Dated: 8/15/02 and recorded: 8/21/02 in Book 1769 page 654 $136,567.51 Mark R. Taylor and Jean M. Taylor To' Manufacturer & Traders Trust Co. Dated: 9/25/02 and recorded: 10/21/02 in Book 1778 page 1561 JUDGMENTS: #2004-980 3/5/04 $5,319.87 -vs- Mark R. Taylor Duron, Inc. P.O. Box 356, c/o Burton Neil & Associates West Chester, Pa 19381-0356 #2003-5768 11/3/03 $6,50993 -vs- Mark R. Taylor Bureau of Compliance Dept. 280946, Harrisburg, Pa 17128 MECHANICS CLAIMS: None of record Other Claims/Liens: None of record SUPPORT LIENS: Overdue support payments become liens on all real property owned by an obligor on the date the payment was due. Certifications may need to be obtained to determine the priority of the lien relative to lhe lien being fordosed. Pa.R.C.P. 3129 Notit:(;: should be sent to the PA Department of Public Welfare and thr;; Cumberland County Domestic Relations Office. Contact this office ifmailing addresses are requested. REMARKS: None Liberty Bell Agency, lnc certifies these search results as based upon the examination of evidence recorded in the appropriate public records for those categories searched. Upon full payment of the price of this report, liability hereunder, in an amount not exceeding $2000 dollars, is assumed by Liberty Bell Agency, lnc_ solely in its capaCity as an abstracter for its negligence, mistakes or omissions, and only for the time period searched_ This report does not constitute title Insurance, nor Is It a commitment to Issue title Insurance. This report shall NOT be used In a real estate or loan settlement or closIng, as possIble additional public records may need to be searched, and additional requirements may be added to this report. f""':- ("; 14 ,':,' " Q (.) .\ ~ -", - 7"~ lrt VI. c l-J V( - \)' ~ V"t ..t;: 0 f2 "'Q ~ .-.~ " '.- VJ (,..> E --L M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs ACTION OF MORTGAGE FORECLOSURE JEAN M. T AYLOR MARK R. T AYLOR Mortgagors and Real Owners 4 Cloud Court Mechanicsburg, P A 17050 TERM NO: 06-1145 THE UNITED STATES OF AMERICA Defendants DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendants, Jean M. Taylor and Mark R. Taylor, Pro Se, with response to Plaintiffs Complaint. 1. Admitted 2. Admitted 3. Admitted 4 Admitted 5. Admitted 6. Admitted 7. Admitted 8. Admitted 9. Admitted 10. Admitted 11. Admitted VERIFICATION The foregoing Answer is based upon information which has been gathered by Mark and Jean Taylor in the preparation ofthe lawsuit. The language of the document is that of our own. We have read the document and to the extent that it is based upon information, it is true and correct to the best of our knowledge, information and belief. ~""~t -. . , CERTIFICATION We, Mark and Jean Taylor, hereby certifY that we mailed a copy of the forgoing Answer was served this date by depositing same on the Post Office, first class mail, addressed as follows: Lawrence Young, Esquire Countess Gilbert Andrews 135 North George Street York, PA 17401 Joseph A. Goldbeck, Jr., Esquire Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 t- M,H T,,~i- Je M. Taylor, Defendant 4 Cloud Court Mechanicsburg, P A 17050 Pro Se 4 Cloud Court Mechanicsburg, PA 17050 Pro Se Dated: March 20, 2006 o ~-"'~ ,...., L-;;;> (:-~ t;.-y, o " ~ n1:D -oF. :,:)0 ::~ t::,; ('~J?~ dfn ~~I ):,.. ~:~ ::n: :.:l," ;;0 "-.) CJ """ :::J: 'R co - ~.' ~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) M..T Mor<.to.c..1 (()l2/?orl-t!DN 1"0 13::v< 1ljO J ro H<AIO I N'I 1'-1-2.40-' D f<jv vs. 'Jeo..N 1'-1. TI/...~ lofQ Ho..R.K- R. Ti\Ylo'/Z. 4 CID<A.cl (OW2-t fit Ch~l( 5 f?llr~1 rA.170'Jo (Plaintiff) (Defendant) No. o/iJ -/l'-fc; Tenn 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): V1 -hf-n V1 .J:" - . t nIJ...InII -r'\ /VIonDl' lVe jC~m(Yl{).ty JvV1~tlf..h 2. Identify counsel who will argue cases: (al for plaintiff: U {Cl A LU I E 5~tAl/('^, (Name and A ress l '701 s. MCLQ/Qt h -SLUt-e,iJ01JO . Phl)~.~ niDi" (b) for defendant: ' -JNJ..N fvt.TC\YIJ2Je Qncl fvlO-Yt (2- TC\YIO'f:. (proSn I I (Name and Address) . _ '-f fA.., 0 tAr. 17DSa 3. I will notify all parties in writing within two days thaI this case has been I sled for argument. 4. Argwnenl Court Dale: t@h Signature ~ \ \ t~1A. J\, C~ p?tfif' your name Date: L\.\al O~ Altorney ror r 10..1 (] 1:1 f t- C:J .;,;: ,> "~-"'> ......;. ."'- ~.:.. . GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney J.D. #78020 Suite 5000 - Mellon Independence Center 701 S. Market Street Philadelphia,PA 19106 215-825-6349 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS vs. OF Cumberland COUNTY JEANM. TAYLOR and MARK R. TAYLOR Mortgagors and Record Owners 4 Cloud Court Mechanicsburg, P A 17050 No. 06-1145 The United States of America PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 ct seq. for the following reasons: 1. Plaintiff is M&T MORTGAGE CORPORATION (hereinafter "Plaintiff'). 2. Defendants are JEAN M. TAYLOR and MARK R. T AYLOR (hereinafter "Defendants"). 3. Plaintiff filed its Complaint in mortgage foreclosure on February 28, 2006. A true and correct copy of the Complaint is attached hereto as Exhibit A. 4. Defendant filed an Answer on or about March 20, 2006, which does not raise any issue of material fact. A true and correct copy of the Answer is attached hereto as Exhibit B. . 5. PlaintitI has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in mortgage foreclosure and that corroborates the facts as plead in Plaintiffs Complaint. See Plaintiffs attached Affidavit and Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. ~Y'"bmW"" LISA A. LEE, ESQUIRE .---.------------- . GOLDBECK McCAFFERTY & McKEEVER BY: Lisa A. Lee Esquire Attomey LD.#78020 Suite 5000 -Mellon Independence Center 701 S. Market Street Philadelphia, P A 19106 215-627-1322 Attomey for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 vs. IN THE COURT OF COMMON PLEAS JEAN M. TAYLOR and MARK R. TAYLOR Mortgagors and Record Owners 4 Cloud Court Mechanicsburg, P A 17050 OF Cumberland COUNTY No. 06-1145 The United States of America AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ])i1lw:l'Rnhin S/lII_, being duly sworn according to law, deposes and says: 1. I am the 'lk.L1>HS(rl Q rl for and representative of Plaintiff. 1 am authorized to make and do make this affidavit on behalf of Plaintiff; and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. . 2. I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiffs Motion for Summary Judgment, that the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein. 3. The Defendants, JEAN M. T AYLOR and MARK R. TAYLOR made, executed and delivered a Mortgage upon the premises, 4 Cloud Court, Mechanicsburg, P A 17050, on August 15,2002 to M&T MORTGAGE CORPORATION. 4. The mortgage is held by Plaintiff. The mortgage has not been assigned. 5. The Mortgage is in default because monthly payments of principal and interest due July 01,2005 and each month thereafter are due and unpaid. At no time from July 01,2005 to the present have the Defendants tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the dates set forth in the true and correct copy of such notices attached hereto as Exhibit "B" to Plaintiff's Complaint. The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. -----_._.~._-------------- . , 7. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance Interest from 06/01/2005 through 02/28/2006 at 7.5000% Per Diem interest rate at $26.24 Reasonable Attorney's Fee Late Charges from 07/01/2005 to 02/28/2006 Monthly late charge. amount at $58.61 Costs of suit and Title Search Escrow Monthly Escrow amount $254.46 $127,692.29 $7,163.52 $6,384.61 $468.87 $900.00 $358.10 $142,967.39 I hereby verify that any exhibits attached hereto are true and correct copies ofthe originals and I declare all of the foregoing to be true and correct. J '-- SWORN TO AND SUBSCRIBED: before me this j t r+ day: (!) (t,Gt,- ...~-_._-. Dlo...ho.. 'l<obillsoY'\ I \f1> GLORIA J. DISHMAN Notary Public, State of New York Qualified in Erie County l () hAy Commission Expires 04/24/ _ > GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney l.D. #78020 Suite 5000 - Mellon Independence Center 701 S. Market Street Philadelphia, P A 19106 215-627- 1322 lisa@goldbecklaw.com ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS vs. OF Cumberland COUNTY JEAN M. TAYLOR and MARK R. TAYLOR Mortgagors and Record Owners 4 Cloud Court Mechanicsburg, P A 17050 No. 06-1145 The United States of America PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT I. PROCEDURAL HISTORY This is an Action of Mortgage Foreclosure brought against the Defendants who are the Mortgagors and Real Owners of the real property located at 4 Cloud Court, Mechanicsburg, P A 17050 ("Property"). Plaintiff filed a Complaint and Defendants filed an Answer in which they admit each and every allegation of Plaintiff s Complaint. Plaintiff has now moved for Summary Judgment and this memorandum is offered in support of Plaintiffs Motion. II. LEGAL ARGUMENT Summary judgment is governed by Pa.R.C.P. 1035.1 et. seq., Pa.R.C.P. 1035.2 provides that "After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment...." Summary judgment is appropriate to be entered: (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense..." Pa.R.C.P. 1035.2(1). Pa.R.C.P. No. 1141 notes that the foregoing assumpsit rule shall apply to Actions of Mortgage Foreclosure. Pa.R.C.P. 1035.2(2) requires the party who opposes the motion to provide the Court, in response to the motion, with "...evidence of facts essential to the. . . defense which, in a jury trial, , would require the issues to be submitted to a jw)'." Specifically, Pa.R.C.P. 1035.3 states, in pertinent part: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifYing (I) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifYing in support of the motion... Plaintiff has included an affidavit in support of its Motion for Summary Judgment, pursuant to Pa. R. C. P. 1035.4, which states in relevant part: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testifY to the matters stated therein. Verified or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. The only issue before the Court is whether Defendants' Answer raises any legal or factual issue, which provides a basis for denying Plaintiff its request for summary judgment. Plaintiff respectfully suggests it does not. Defendants admit paragraphs 1,2,3,4 and 5 of the Complaint, specifically the identities of the parties, the making, execution, delivery, recordation and assignment of the mortgage in question and the legal description of the Property. Paragraphs 6 and 7 of the Complaint contain the specific averments of default and amounts due and owing upon the mortgage required to be averred in actions of mortgage foreclosure as set forth in Pa.R.C.P. No. 1147(4) and (5). Defendants admit to their failure to make all payments due and owing, and admit that Plaintiff s recitation of the amounts due is correct. Default in an action of mortgage foreclosure is an absolute. Once default under the terms of the mortgage has been established, the court must enter judgment in favor of the holder of the mortgage. The question of accounting is saved for another day, specifically, after a Sheriffs Sale of the Property. The Supreme Court of Pennsylvania held in Landau vs. Western Pennsvlvania , National Bank, 445 Pa. 217,282 A.2d. 335 (1971): The mortgagors are unquestionably entitled to an accounting, but that accounting is not due until the property is sold at Sheriffs Sale and distribution of the proceeds is made. Judgment in mortgage foreclosure action must be entered for a sum certain or no execution could ever issue on it. 445 Pa. at 226, 282 A.d. at 335. This Supreme Court decision directs a court to enter summary judgment in favor of the plaintiff/mortgagee where the defendant/mortgagor admits the default upon the mortgage. Landau vs. W. Pa. Nat. Bank, 455, Pa. 217, 255-266, 282 A. 2d 335, 340 (1971). Pennsylvania Courts have long and repeatedly upheld the reasonableness and enforceability of a request in an action of mortgage foreclosure for attorney's fees equal to 5% of the principal balance of the mortgage as demanded in Plaintiffs Complaint at paragraphs 6 and 7. Robinson vs. Loomis, 51 Pa. 78 (1865); Galligan vs. Heath, 260 Pa. 457 (1919); Foulke vs. Hatfield Fair Grounds Bazaar, Inc., 196 Pa. Super Ct, 155 (1961); First Federal S&L Assn. vs. Street Road Shopping Center, 68 D & C 2d 751, 75 (Bucks County) (1974). Moreover, as further explained in Paragraph 8 of Plaintiff's Complaint, the attorney's fees demanded in Paragraph 7 of Plaintiffs Complaint would only be collected in the event of a third party purchaser at Sheriffs Sale. Defendants continue to have the option of paying all arrears and costs up to one hour before the Sheriff's Sale in conformity with the provisions of Act 6 in which case attorney's fees will be assessed based on work actually performed. See, Pennsylvania Act 6 of 1974,41 P.S. Section 401 et. sea. Plaintiff is entitled to be reimbursed for its reasonable and actual attorney's fees incurred. It is respectfully suggested that should this Honorable Court find that the flat rate of 5% requested raises a genuine issue of fact, summary judgment be granted Plaintiff as to all issues except attorney's fees. Certainly, with default deemed to be admitted, it would be unfair and a waste of this Court's valuable resources to conduct a trial in this matter if the only issue of genuine fact is the demand for attorneys fees. Defendants admit paragraph 9 of the Complaint. Plaintiff submits, in paragraph 9 of its Complaint that Plaintiff is not seeking a judgment of personal liability (or in personam judgment) against the Defendants in this action but reserves it's right to bring a separate action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this action of mortgage foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. Defendants admit Paragraph 10 of the Complaint that Plaintiff fully complied with Act 160 of 1998. Defendants admit Paragraph II of the Complaint that The United States of America has a lien filed ofrecord. III. CONCLUSION All material averments of the within motion are verified in the attached signed and sworn affidavit pursuant to Pa.R.C.P. No. 1035. Defendants cannot simply rely upon the averments of the Answer to raise an issue of fact. Phaff vs. Gardner, 451 Pa. 146, 303 A2d 352 (1973). Accordingly, Defendants' answer admits all material facts, there are no issues of material fact and the Court should grant Plaintiffs Motion for Summary Judgment WHEREFORE, Plaintiffrespectfully requests that this Honorable Court enter judgment in its favor and against Defendants as prayed for in Plaintiff's Complaint. Respectfully submitted, rG BECK MCCAFFERTY & MCKEEVER \ BY: GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. LEE, ESQUIRE Attorney J.D. #78020 Suite 5000 - Mellon Independence Center 701 S. Market Street Philadelphia, P A 19106 215-627 -1322 lisa@goldbecklaw.com ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. JEAN M. T AYLOR and MARK R. TAYLOR Mortgagors and Record Owners 4 Cloud Court Mechanicsburg, PAl 7050 No. 06-1 145 The United States of America EXHIBIT LIST A. Complaint B. Answer C. Mortgage D. Note . . EXHIBIT" 1\-" ,GBLDBECK McCAFFERTY & McKEEVER ~~~~::~~.~: ;~~~~ECK, JR. ^ "Ira RN E~EBV CERTIFY TI-''''' 'fl..\\g II SUITE 5000 - MELLON INDEPENDErl:lE TE A TRUE AND caRREr 701 MARKET STREET C a PY THE ORIGINAl f"I.........i PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS PO Box 840 Buffalo, NY 14240-0840 OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. JEAN M. TAYLOR MARK R. TAYLOR Mortgagors and Real Owners 4 ClDud Court Mechanicsburg, PA 17050 ACTION OF MORTGAGE FORECLOSURE THE UNITED STATES OF AMERICA Defendants Term . L No. DL _II'-IS c.to: CIVil ACTION: M~TGAGE ~J.v.., f"Q;"l~CL~tmF - - - ~ 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 the 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 claim in the Complaint of 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 HAVE A LAWYER OR CANNOT AFFORD ONE, 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVIOOS mELl(<IBLE PERSONS AT A REDUCED FEE OR NO FEE. Cd ~/ -" -rj ::;j ~J i'li22 f'.' ;-:j C:J LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 c) ~'l ~.': ~I ('n CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, P A 17013 _,l -, (_.J C;J-'l AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DlAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PONTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. . RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, V A Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUr ABAJO. EST A OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARlO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, P A 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. Forreferrals to a qualified attorney call either of the following numbers: 717-243- 9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of MT-0952. Para informacion en espanol puede communicarse con Loretta aI21S-82S-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T MORTGAGE CORPORATION, PO Box 840, Buffalo, NY 14240-0840. 2. The names and addresses of the Defendants are JEAN M. TAYLOR, 4 Cloud Court, Mechanicsburg, P A 17050 and MARK R. TAYLOR, 4 Cloud Court, Mechanicsburg, P A 17050, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. Defendant, THE UNITED STATES OF AMERICA, is named a Defendant pursuant to 28 V.S.C. Section 2410, and Plaintiff requests that a judicial sale be held of the Property. 4. On August 15, 2002 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to M&T MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1769, Page 654. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 10 19(9); which Rule relieves the Plaintifffrom its obligation to attach documents to pleadings if those documents are matters of public record. 5. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 6. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for July 01,2005 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 7. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 06/01/2005 through 02/28/2006 at 7.5000% Per Diem interest rate at $26.24 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 07/01/2005 to 02/28/2006 Monthly late charge amount at $58.61 Costs of suit and Title Search Escrow Monthly Escrow amount $254.46 $127,692.29 $7,163.52 $6,384.61 $468.87 $900.00 $358.10 $142,967.39 8. If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 9. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge oftheir personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 10: Notice ofIntention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the daters) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 11. THE UNITED STATES OF AMERlCA, the above named Defendant, has a lien filed of record, set forth in Exhibit 'c' which is attached and made part of this Complaint. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $142,967.39, together with interest at the rate of $26.24, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: , dJ71(jl_/ GOLDB CKI cCAFFERTY & McKEEVER By: Jos PH A: GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Diana M. Robinson, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: i-[I -Db j~ Diana M: Robinson M&T MORTGAGE CORPORATION CEJtlii6it .Jl Legal Description ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring, in the County of Cumberland and CommonwealLh of Pennsylvania, more particularly described as follo~St to wit: BEGINNING at a point on the southern side of the cul~de-sac of Wheat Field Lane at the dividing line of Lot No.'s 2 and 7 on the hereinafter mentioned Plan of Lots; thence by a curve to the left having a radius of 50.00 feet, and an arc length of 46.36 feet to d point at the dividing line between Lot No. IS 7 and 9 on said Plan, thence along said dividing line South 29 degrees 41 minutes 00 seconds West, 146.22 feet to a point at line of lands now or formerly of Conrail; thence along said Conrail Lands North 78 degrees 19 minutes 40 seconds West, 616.59 feet to a pointj thence continuing along lands now or formerly of Conrail and continuing along lands now or form8rly of John C. Yorlets, North 52 degrees 24 minutes 00 seconds East, 291..31 feet to a POinti t.hence continuing along the same North 29 degrees 23 minutes 00 seconds East, 85.40 feet to a point at the dividing line between Lot No. IS 1 and 7 on said plan; thence along said dividing line and along line of Lot NO.2 South 60 degrees 19 minutes 00 seconds East, 433.17 feet to a point on the southern side of the cul-de-sac of Wheat Field Lane, being the point and place af BEGINNING. BEING Lot No.7, being known as the plan of Mulberry Acres, as shown on said Plan of Lots prepared by H. Edward Black and hssociates and recorded in the Office of the Recorder of Deeds in and for cumberland County, Pennsylvania, in plan Book 49, Page 39. UNDER AND SUBJECT to restrictions recorded in th~ Office of the Recorder of Deeds in and for Cunilierland County, Pennsylvania in Misc. Book 313, page 854. BEING THE SAME PREMISES which Mulberry Acres of Mechanicsburg, Inc., a corporation, by their deed dated January 30, 1987, and r.ecarded on February 2, 1987 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book M-32. Page 37, granted and conveyed unto Mark R. Taylor and Jean M. Taylor, his wife. " ':-' I h is to be rccorJed ; '. Il;-,li!ci"iallu County PA \;.,~!I;i~~ p:.r- I~ ~cord~r 0 f Deeds Ill<. \ 7 b 9 ?G 0 b 7 0 CE::clii6it (]3 M&T Mortgage Corp. P.O. Box 1288 Buff\l.l\}, NY 1424<l.1188 PI M.l!I'MortlNe Co!. pw..tiln ~~lflo8l_ 09/12/2005 Certified No.: 71826389306006799558 Jelll1 M Taylor 4CJoudCt Mectumicsburg, PA 17050 HOMEOWNERS NAMf(S): ,Jean M Taylor PROPERTY ADDRESS: 4 Cloud Ct Me:chantcllbur-g. PA 11060 LOAN ACCT NO: 0008202172 CURRENT If:NOER1SERVtCER: MAT Mof"tgage Corpor.tion 1l0MEOW~ER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELlmBI:" FOR HNANCIAL ASSISTANCE "'''HICH CAN SAVE YOUR HOME F.ROM t'ORECLOSllRF. AND KELP von MAKE FlIT'lm; MORTGAGE PAVM'F.NTS IF YOU COMPLY WTTH THE PROVISIONS OF THE HOMEOWNF.R'S KMERGENCY MORTCACE ASSISTANCt ACT OF 1983 (THE ~'A.(T'), YOU MAY BE ELIGIBLE FOR EMERfiF..NCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A Rf.ASONABLE PROSPECT OF BEING ABU: TO PAY YOUR MORTCAGE PAYMENTS, AND IF YOU MEET OTHER EUGIDIUTY UQUlREMENTS ESTJ\BUSHEI>BY THE PENNSYl.VANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECI.DSVRE Under the Act,you are entitled to a lempot\l.ry stay offoreclt'JsuTe on your mortgage fUT thirty (30) days from the date of this Notice. During that tint~ you must arrange and liltcnd a "face-to-fa.e"meeting will) om: ofilie consumer credit counseling agencies listed a! the end ofthis Notice. Ill!S MEETING MUST OCCUR WITHIN mE NEXT (!.Ol DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MIJST BRING YOUR MORTGAGE UP TO })ATIl THE PART OF TffiS NOTICE CALLED"HDW m CORE YOUR MORTGAGE DEFAULT" F.XPI AINS HOW TO BRlNG YOUR MORTGAGF UPTODAT'f. CONSUMER CK~PlT COL'NSIU.ING AGENCIES -If)lt'Ju meet with one Qftlll:" consurm:r eredi! e01Jnse-Jing agency listed at the end ofthi~ notice, the lender may NOT take ac~ioo Il.g&lT'1st you for thirty (30) days after the datc of !hill meeting. The names. addr~es and leltmhllllc numbers of desil'flatt:d consumer t;n:dit t:ounselint!. 1\2eJlcies for theCQ\\ntv in whichtbe nnmertv is located art: serforth lltthe end l,flhisN~. It is only necessary tQ sctu:dulcone fuce-to-facC" meeting. Actvige your lO\der immediately of YOUT intentions. 1 aoo 724 HI33 Corr9spondtKIC9 - P.O. Box 840. Buffu., NY 14240-0840 Payml:tflls - P.O. BOX' 62182, Balllmom, MD 21264-2182 Mw1gage account Information,just a click (JWSJ'. www.martdtmartgage.oom .' APPl.lCA TTON ..'OR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set fOM tater in this Notice (Sl::t: following pages fOf' specific Information about the nature: of your default.) If you have tried and are unable to re~olw 1.hi:> problem with the lenrler, YOll have the right to apply for fUlll.llcia! assistance from the Homeowner'sErnerge:ncy Mortgage Assistallce Pmgum. T\) do so, you mllst fill out, sign a.nd file a c<lmpleted Homeowner's Eml.Tgcncy Anil>tance Program Application with one .of \he tlc~ijg13ted consumer credit counseling agencies listed at the end oftbi~ Notice. Only consumer credit counseling agencies. hay!;:. 'dppli<:atioo!'. fOT the program llnd they will8ssis1 you io submitting I\. complete application to the PeDflsylvania Housing Fimmct: Agency. Your applicnli.un MUST be filed or postmarked wldLin thirty (30) days uf your face~t(}.face meeting YOl: Ml![[ FfL>, VOUlt APPLICATION PROMPTLY. IF YOI' FAIL TO DO SO OR IF YOU PO NOT FOLLOW THE OTHER TIME PF,R'OIlS SET FORTH IN TIllS LETTER. FORECLOSllRE MAY PRQ(:Ii.:.to:.D AGAINST YOUR HOME IMMEDlATRLY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE Wn-T, HE lll':NlED. AGENCV ACTION _ Available funds for emcrg~:ncy mortgage assis\;mce are very limited. The)' will be dishuTsed by tlle Agency under the eligibility criteria C'stablished by the Act The Penn!'.y!van~a I lousing Finance AgffiCY has snty (60) days to make a deci:oion after it receives your application. During dlllt time, no foredorore pTccetdings will herursued againstyo\l if you have met lhe timcTequirements set forth above. You will be nolifieJ llircct!yhy the PelUlsylvanil1 Homring Fimmc.e Agency of its decision 011 your application NOTE; IF YOU ARE CURRENTLY PROTECTED BY TilE HUNG OF A PETlTION IN BANKRUPTCY, THt<; t'OLLOWJNG PART Of THIS NOTICE IS FOR ll\"'ORMA nON PURPOSES ONLY AND SHOULD NOT BR CONSIDERED AS AN ATTEMPT TO COLLECT TilE DEBT, (If YI1U hllve filtd IJlnkrupf('y )'Ol.lcan stitl apllly for Emergen~ Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT <BrioI!' it un to da.lIA 1\'A TURE OF THE DEFAlIl.T ~.The MORTGAGE debt held by the above lemlcr on your property located at: 4 Cloud Ct Mec::han1csburg, PA 17050 1$ SERJorrSLY iN DEFAULT because; YOU llA V.E ~OT MADE MORTGAGE PA YMF..NTS for the following months and thc foJ]owingamounts art!: now past uuc; Regular pe.y..ents of $1t72.18 tOI'" the DtOnths Of 07/01/2005 throUgh tod.&y's dat..: Other chal"'gea: Accrued Late Chargllll: Ac:c:l"'U8d Dtl"lltr> Charges TOTAL AMOUNT PAST DUE: . . . , 3518.54 137.117 0.00 3e'~.21 HOW TO CURE THE DF.FAlJLT -You may cure the default within TIlllUY (30) VA YS orthe date ofthiM notice BY PAYING THE tOTAL AMOUNT PAST DUE 'TO THE LENDER, WHICH is $36,;4.21, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHlC\ t l.\[COME DUE DURING THE THTRTY (3U) VA Y PERiOD. Pavrnents must he mane eifhet bv cat;h cashier'scheck.. certified check 1)1' monev tJrder made plI.VlIhlc an~ s;enttD: l\1&'"f Mortgage Corpontion Ode Fuuntain Piau I 7th Floor Ann: Payment ProceuJng Buffalo, NY 14203 You can cure aJW other de:fi'mltbv takiol1lhc followinn action within THIR1Y nO) DA YS ofth~ date of this letter' IF YOn DO NOT CURE TRE DEFAULT-Tfyou do not C\\re tht de-fault wilhin TJ-JIRTY (30) DAYS of the da(e of tlm Notice. the lender inttnds to eIerelse ih: rights ttt acceluatt tile mortgage debt. This means !hat the entire outstanding balance of this debt will be con:>itk.'TCd due immediat~ly and you may luse !he chance tG pay the mortgage in monthly ios\8Umcntj;. Tffull payment ofthe totallllTluunt pal'lt due is not made wilhit1 THIRTY (30) DAYS. the lender also intends to instruct lIS attDrneys to start legal o1ction to fon:c1ose upon your mortgagl'd property 18007:24 1633 Corwspomlenr:e - P.O. BO,lo. 540, sulfato. NY 1424(}"OB40 Payments - P.O. flm 62182, Baltimore, MQ 21264.2162 Mortf1'J'J6 account /nformlJrlOfl.just a r./ir:Jr:. aWlly. www.mandtlTlOrt.ilage.com ..., IF THE MORTGAGE IS FORECLOSED UPON.. Tbe mortgaged property will be sold by the Sberiff\o pay uff the mortgage debt. If the lender refers your case to its attorneys, but ylIu cure the delinquency before the lenikr begins legal pruL'CciIings agail1i't you, you will still be required to pay me reasonable- al(()mL:y'!:fee~ that were ac.rually-incuned. up to $50,00. However, if legal proceedings are started against you, you will hav!: 10 pay all n:350ttable artomey'stee!> actually inc\U1"ed by the lender even ifthcy exceed $''lO.OO. Any attorney's fees wi]1 be added to UII: liInount you owe the lender, which mayatso indude othc( reasonllb1c costs. If you cure the default within the TmRTY (30) VA Y periud, you will Dot be A,qUlred to pay attorney's r~es. OTHER LENDER REM1\DTES - The lender may also sue you personally for the unpaid principal balance and all other sums due und~r the tll(}!igagc. RIGHT TO CURl!: THE DEI" A UI,T PRIOR TO SHERIFF'S SALE ~- l[ yuu lmve nClt cured the rlef3\111 wifuin the T1IJRTY (30) DAY petiod lUJd foredooure proceedings have begtln, you. still have the right to cure lhe default and prevrnl the sale at ~ny lime up to one hour before the Sherifrs Sale. Yon may do so by paying the total amount then pa~t due, plus an)! lale ur otneT rnarges men due, reasonable attorney's fet:s ilnd cusL<; connected with the foreclosure sale and any other CQSlSOOIUl.CClcd with the SheriffsSale as specifloo in Writilll'l by the lender and by perfunning any other requiremenls under the mQrtgage. Curin~ youl' detalllt in the manner $ct forth in Ihis Boike will reHtm'e your mOl1'gage t(l tbe same position all if you bad never defaulted. EARLIEST POSSIBLE SHERlFF'S SAlE DATE -- 1I is estimaled that the earliest date that such a ShcriIT'~Sale o{the mortgll.ged pcoperty c<mld tie held WO\\\d be Ippro-ximatcly 10 months (rom tbe date Mthis Notict. A notice of the .Rctual date of the Sheriff!> Sale will he ~ltoyou betc.rethe sale. Of course, the lUJiountneeded 10 cun: lhc I1cfimlt will increase the longer you wait. You may find out at any time exactly wbat the required payment or action will be by cuntacting the lender HOW TO CONTACT THE LRNnER: Name OrLeRdt:r: M&T M&rt,gage CorpontioJl; ~ P.O. Box 848 Buffalo, NY 14240 Phone Number: (SIlO) 724-1633 EFFECT OF SHJ<:Rlf'P'S SALE ~ YOll should rcaJ-izc that a SheritT'sSale will epd your QWI\er;;.hip urthe mongaged properly and y<luTl1ght to occupy it. If you continue to live in the property after the SheritrsSale, a laWS1.1tt to remove yt>u and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF .MORTGACE _ You _ may or ~ may n.c.t wH or bansfer your home to a huyer or transferee who will assume the mortgage debt, provided Wal till the outslanding payment5, d'iarges and oUorncy's fees and costs are paid prior to OT III the sale and that the other requirem(lllts of the mortgage are sati&tied. YOU MAY A(_~O HAVE THRlUliHT: TO SELL THE PROPERTY TO mn AlN MONEY TO PAY OFF THE MORTGAtiE DEBT OR TO 80RROW MONEY FROM ANOTHER LEND[NG INST1TllTION TO PAY OFF THl3 DEBT, TO HAVE THIS DEFAULT CURED BY At..'Y TIIlRD PARTY ACTING ON YOUR HEllALF- 10 HAVli THE MORTGAOE RESTORED TO TilE SAME POSITION AS IF NO DFJ"AULT HAD OCCURRED, IF YOU CURE Tim DEFAULT. (HOWEVER, YOU DO NOT HA VB THIS RIGHT TO GIRt. YOUR DEFAULT MORE THANTITJlliE TIMES IN ANY CALENDAR YEAR.) TO AS$l$T THE NONEXISTENCE OF A Dhl'AULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUff INSTlTUTED UNDER ruE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHF.R DEFENSB YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY TIm L'F}.;\)ER. TO SEl"~K PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sim;crcly, .e..........,..~'t, RU8scll M. Ale~s; Jr. CollectioM M'i\nager J.~t1c. Act 91 Noti..;c Consumer Credit COUI1.$eling Agencies Scrving YO\lr County , BOO 1241613 CO~$pondfNlCIJ . p.o. Box 840, Buffalo, /'oN 14240-0840 Payments - P,O. Box 62182. Baltimore, MD 21264.2182 Mortgage accounf mrormMian,}u$l Of Glick llway. www.mandlmortg<.gEl.com j ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE . '''his is an otlltiaJ notice that the mortPlme DB YOU home II in default-and the lendu intend" to rnr~d\lK. Soedfk Information about the Darure orlhe defllult b nrovlded In the attacbed DAlles. The AOMt:OWNER'S MORTGAGE. ASSISTA~CE PROGRAM fHEMAP) mAY be able 10 belD to 5."1: your home. This Noti~e explains how the Dl"O~ram works. '\'0 see if REMAP tan kelp. vou must Ml:ET WITH A CONSl!MER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTJCE. Take this Notice with vou when vou meet with the Cou.n~lil\i! Allene\'. The It.me. ~ddreM and ohane number of Consumer Credit Coansdim! A2t!ncies servin,;! your Countv lire listed at thecnd of lhn Notice. Tf you 'have any Questions vou may caUlhl! Pennnlv:anla Hnuslnp ..'tnance Aeedcv toll free all-8t)O~342-2397,(PenoRlI with imoalred heaJ"iUl~ ran rail (717) 780~1869) This Notice (:onhlins important legal Information. If )'ou have any qu~stiuns, representatives at the Consumer Credit Counseling Agency msy be able to help nplsi. it. Yo. may also wanl to clInht.ct an aUume) in your ana. Tbe local bar association Illay be .bJe to help you nnd a lawyer. LA ~O'''H<l<..:J\CION E:"J ADJUNTO ES DE SUM'" JMJ'ORTANClA, rUES AFECl'A SU DER.:ECHO A CONTINUAR VIVJKNDO EN SU CASA. 51 NO COMPRENDF: 1<:1. CONTENIDO DE EST A NOTIf]CACION OBTENGA UNA TRADUCCIOl'1" ll'l'MEDrTAMENTE LLAMANOO ESTA AGI<:NCIA (PENNSYLV AN1A. HOUSING FINANCE AGENCY) SIN CARCOS AL NUMERO MENCION'ADO ARRIBA. PVEDES SER ELEGmLE PARA UN PR.:S'l'AMO POR EL PROCRA.\1A LLAMAOO "hOMEOWNER'S EMF,RGENCY MORTGAGE ASSISTANCE PROGRAM" EL C\JAL PL'EnF. SALVAR SU CASA DE LA PERDIDA DEI, nF.RECHO A REDIMIR SU HIP'OTECA, 16007241633 CorrespondsnGIJ' P.O. 61;1)(640, Buffalo. NY 14240-0840 Payments _ P.O. Box 62162, Saltimore. MD 21264-2182 M0rf9sg1i1 fJCCC)/.Int informatfon,just a dick away. 'tfflW.mar'ldtmortgagEl_com Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County interfaith Housing Authority 40 E IIigh Street Oet1ysburg, P A 17325 (717)334-!5JS CCCS of Western PA 2000 Linglestown Road Harrisburg, P A ! 7102 1-888-511-2227 Community Action COlJunissionofCaptial Region J 514 Derry Street Harrisburg, Y A 17104 (717) 232-9757 Lovesrup, Inc. 2320 North 5th Slree' Harrisburg, PA J7! 10 (717) 232-2207 MarJnatha 43 PhifadelphiaAvcnue Waynesboro, P A 1726R (717) 762-3285 PHFA 211 North Front Street Hanisburg, P A ! 7110 1-800-342-2397 "''''''"''''''"''' - , ^ , ^ , 1 ?-I:o.~(j rQi~ "'0 0 ..c",o =C.~i n(j.-.j~ ~-~S go ':1", ., 0", ~ "1N ~ ~ " i7; ., ! " I ! , ! . { , i . , " f '! --~~- .-=: ~ " . ~ ~ ~ -i' , ?!4 i [ ~ "", 0 . '" ~ 00 '<> r MO~\ '" 0 "" f 1"\ <;> ~ '-"~ &;1 ~ , ~~t;If1J1 -=: ;! f 'c:-. ~ :!! --"-'0'!?<~ '" ": ~-!/ 00 m M&rMortgage Corporation ASub!IitJiurvur~~TR&-'" January 18, ~006 Marl< R. Taylor 4 Cloud Court Mechanicsburg, PA 17050 RE: Homeowner's Na~e(6): Jean M Taylor Property AddreBs~ 4 Cloud Ct Mechanicsburg PA 17050 0008202772 M&T Mortgage Corporation Loan Acct,No.: Curent Lender} Servicer: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOMIl FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBILE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSIlD BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days form the date of this Notice. During this time you must arrange and attend a llface~to-faceu meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MOR1DAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CRBDIT COUNSEL!NG AGENCIES -- If you meet with one of the consumer credit counseling agenices listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the country in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting, Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see followins pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, 1 aoo 724 1633 . carre6pond9nC8 - P.O. Box 840. BuHalo, NY 14240.0840 . Payments- P.O. Box 62162, Baltimore, MD 21264.2182 'Mo/t{1ag8 accounl information. just 6 c/Jck away- www.mandlmortgage_com PlM&I'Mortgage Corporation A SoJhsjdlaryl:lM&TBank you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty l30) days of your face-ta-face meeting. YOU MUST FILE YOUR APPLICATION POMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has (60) days to make a decision after it receives your application. During that time. no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE, 1F YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMAT10N PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS &'1 ATTEMPT TO COLl,ECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at; 4 Cloud Ct Mechanicsburg PA 17050 is SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Regular monthly payments of $ 1172.18 for the months of 07-01-05 through today's date. Other charges: Acc~ed late charges:$ 321,23 Accrued other fees: $ 9.00 TOTAL AMOUNT PAST DUE, $ 8566.65 CL 954 1 80Q 7241533 . CorreapandtmcfJ" P.O. Sox 840, Buffalo, NY 14240-0840 . P.lyments- P.O. BOll: 62182. Baltimore, MD 21264-2182 Mortgage account in(ormatioll. jusl a dick away. www.mandtmortgaoe.com rI M&fMortgage Corporation ASubsldiaryolMPR>olk HOW TO CURE THE DEFAULT -- You ma~ cure the default within THIRTY (30) DAYS of the date of this notlce BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 8566.65, PLUS ANY MORTGAGE PAYMENTS !\NP LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. payments must be made by cashJ cashier's check, certified check or money order made payable and sent to: M&T Mortgage Corporation P.O. Box 62182 Attn: Payment processing Baltimore, MD 21264-2182 You can cure any other default by taking the following action within THIRTY (~O) Days of the date of this letter: IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also.intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will he sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you w~ll still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's tees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDI&S -- The lender may also Bue your personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected wi~h the foreclosure sale and other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. 1 800 7241633 a Correspondenc8 - P,O. BClJl640, Buffalo. NY 14240.0840 . Payments- P_O. 80" 62182. Baltimore, MO 21264-2182 Moftglige IlccQunf IIlformaliOfl, just II cUcft IIW8Y. www.rnand\mortgage.com m1 M&l'Mortgage Corporation A SubedatyolMtJ"6ank EARLIEST POSSIBLE SaERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 10 months from t~e date of chis Notice. A notice of the actual date of the Sherlff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be contacting the lender. HOW TO CONTACT THE LENDER: Phone Number: M&T Mortgage Corporation P.O. Box 840 Buffalo, NY 1424Q 800-724-1633 Name of Lender: Address: EFFECT OF SHERIFF'S SALE -- You should realize that a Sheiff's Sale will end your ownership of the mortgaged property and your right to occupy it, If you continue to live in Lhe property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You mayor XX may not sell or transfer your home to'a-nuyer or transteree who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THB RIGHT, * TO SBLL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO llAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAMB POSITION AS IF NO DEFAULT HAD OCCURED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURB YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, CL 955 Carol Schmidt Ene: 41 1 800 7241633 . Gorresponcience - P.O. BQx a4O. Buffalo, NY 14240-0840 . Paymllnts- P.O. Box6:?182, Balllmore, MD 21264.2182 Mortgs(J8 account ifltormatfon, just a oJIck tlway. WW'N.mandtmortgage.oom Date: ACT 91 NOTICE TAKE ACTION TO SAVE . YOUR HOME FROM FORECLOSURE ThIJ Is an official ootlce thlt tbe"mortelee 00 vour borne Is lu default. and the leoder intends to foreclose. Soecilie informatloo about tbe nature of the default is nrovlded io lbe attacbed 082e.. Tbe HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM ffiEMAP) mlv be able to helD to save voor home. Tbls Notice OlCIIlalnl how tile orolll'lllll works. To see ;rlnlMA l' cao helD. VDU must M1>.F.T WITH A CONSuMER CREDIT " COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS'NOTlCE. Take tbla Notice with vou when vou meet with the CoUDIel1ne Al!encv. TILe name... address and nhone nnmber of Consumer Credit COUDSelln'i! "A.H.endes servlnll vour COUDtv are lisled at the end of this Notice. If VOD have anv oUesttODS. vou mav call the PeDDsvlvanls Housb'!! JJ1unee ApeD.., toll free at 1_800-341_1397.{1>e..o.. with Imoalred bearlo. can call (717178D-1869). This Notice eODtalDllmportaDllegallDCormatlon. Uyon have any questioos, representatives at the Consumer Credit Coun.eliug Agency may be able to belp explain iL You may alIo want to contact I.D attorney In your area. The local bar psodatioD "may be able to belp you nnd a lawyer. LA NOTIFICACJON EN ADJUNrO ES DE SUMA IMPORTANCIA, PUES-AFECf A SU DERECHO A CONTINUAR VIVlENDO EN SU CASA. SI NO COMPRENDE EL . CONTENIJ;lO DE ESTA NOTIFlCACION OBTENGA UNA TRADUCCIQN 1"~J'J)~!2lU-~~lltdtl~lBf.J:iG PUlIDES SER ELEGlBLE PARA UN PRESTAMO POREL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDII>A DEL DERECHO A REn1MTlitSU lUJ'OTECA. Adams County Housing Authority 139-143 Carlisi. 51. Gettysburg, PA 17325 (117}334.1518 CCCS at Western PA 2000 L1nglestown Road Harrjsburg, PA 17102 (717) 54,.,757 CUMBERLAND COUNTY He.MA.P Counseling A.gency List as of 4128/2003 Community Action Commission of Captlal Region 1514 Derry Street Harrisburg, PA 17104 (117) 232.9757 Loveshlp. Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 2101 North Front street Harrisburg, PA 17110 800.342.2397 Urban League of Metropolitan Hbg 21D7 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 (:Lf ( " I ~, i~"i I~~i as-I 1& [ I C>o ~\ I'~ 2\. 'J \~ ~ . '-J ~ 1>-\ i I~ ~ I " I I I n IN~ 1>'1 i 1'< "- .~ I '" , ;II I g I . il .~,. - I 7160 3901 9~41 3435 7470 i \ I I I I I I \" ",0 "~ I :0 ,; ." I' ~o. ~.~ ,~ ~o ~JJ E I i'S ,~l~ ~ \.. " !in ~ ~ I iii_\~ire~\ -'-1 ~'I \ ' I \ \ I LI_\ I I I I I I " If 3.J::.2, '" 0;::' " --., :>g " Q a ~, ::> ~"'-' ('; 0 _I ~ 0 ~\ C ~-< _C'> ") - <-.cl -r c> - -, ::;2 '-l () u, o if , . .. , . P,~lii6it C T Liberty Bell Agency, Inc. 701 Market Street, Mellon Independence Center - Suite 5001, Philadelphia, PA 19106 (215) 625-3660. FAX: (215) 625-3689 Monday, January 30, 2006 FORECLOSURE REPORT Order # LBA-23030A THIS SEARCH COVERS THE PERIOD TO: 1/24/06 PREMISES: [Use legal description from deed attached] 4 CLOUD COURT Silver Spring Township Cumberland County, PA 17055 PARCEL NUMBER(S): TAX ASSESSMENT(S): 38-22-0146-060 2006 $187,510.00 OWNER OF RECORD: MARK R. TAYLOR, and JEAN M TAYLOR, husband and wife by deed from Mulberry Acres of Mechanicsburg, Inc. Dated: 1/30/87 and recorded: 2/2/87 in Book M32 page 37 FEDERAL LIENS: #2002-4924 10/9/02 $68,160.58 -vs- Mark R Taylor US Treasury Dep!. Pittsburgh Office, Room 808, 1000 Liberty Avenue Pittsburgh, P 15222-9974 BANKRUPTCIES: None of record DELINQUENT Delinquent taxes and tax claims, if available, are shown hereafter. Possible additional tax delinquencies may exist, but TAXES: may not be readily available. Certifications need to be obtained to determine whether outstanding tax obligations exist. MUNICIPAL LIENS: None of record MORTGAGES: 3 of record $13,000.00 Mark R. Taylor and Jean M. Taylor To: Keystone Financial Bank, NA One Keystone Plaza, Harrisburg, Pa. 17105 Dated: 9/29/00 and recorded: 10/30/00 in Book 1648 page 437 $131,250.00 Mark R. Taylor and Jean M. Taylor To: M& T Mortgage Corp. 2270 Erin Court, P.O. Box 7628, Lancaster, Pa 17604-7628 Dated: 8/15/02 and recorded: 8/21/02 in Book 1769 page 654 $136,567.51 Mark R. Taylor and Jean M. Taylor To: Manufacturer & Traders Trust Co. Dated: 9/25/02 and recorded: 10/21102 in Book 1778 page 1561 JUDGMENTS: #2004-980 3/5/04 $5,319.87 -vs- Mark R. Taylor Duron, Inc. P.O. Box 356, c/o Burton Neil & Associates West Chester, Pa. 19381-0356 #2003-5768 11/3/03 $6,509.93 -vs- Mark R. Taylor Bureau of Compliance Dep!. 280946, Harrisburg, Pa 17128 MECHANICS CLAIMS: None of record Other Claims/Liens: None of record SUPPORT LIENS: Overdue support payments become Hens un an real property owned by an obligor on the date the payment was due. Certifications may need to be obtained to detennine the priority of the lien relative to the lien being forclosed. Pa.R.C.P. 3 ]29 Notice should be sent to the PA Department of Public Welfare and the Cumberland County Domestic Relations Office. Contact this office if mailing addresses are requested. REMARKS: None liberty Bell Agency, Inc_ certifies these search results as based upon the examil'\atiol) of e~iderlce recorded in the appropriate pubrlc records for those categories searched. Upon full payment of the price of this report, liability hereunder, in an amount not exceeding $2000 dollars, is assumed by Liberty BeH Agency, Inc. SOlely in its capacity as an abstracter for its negligence, mistakes or omissions, and only for the time period searched. This report does not constitute title Insurance, nOf Is It a commltment to Issue title Im~urance. This report shall ~ be used In a real estate or loan settlement or closing, as possible additional public records may need to be searched, and additional requirements may be added to this report. EXHIBIT ''6'' -- M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs ACTION OF MORTGAGE FORECLOSURE 0 s;; < '""'(10~i TERM r:;:r", JEANM. TAYLOR MARK R. TAYLOR Mortgagors and Real Owners 4 Cloud Court Mechanicsburg, P A 17050 NO: 06-1145 THE UNITED STATES OF AMERICA Defendants DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT ," (l-, -...~ ~~(~. 5; ~~2 AND NOW, comes the Defendants, Jean M. Taylor and Mark R. Taylor, Pro Se, with response to Plaintiffs Complaint. l. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Admitted 8. Admitted 9. Admitted 10. Admitted 11. Admitted ::2 ...., = 0 = .,., ,., :z 3! > ;;u m::n r'--) j}~ 0 Q :~J5f>. ". .-L-rJ ::x: 90 ~ om ~ C>:> 3? VERIFICATION The foregoing Answer is based upon information which has been gathered by Mark and Jean Taylor in the preparation of the lawsuit. The language of the document is that of our own. We have read the document and to the extent that it is based upon information, it is true and correct to the best of our knowledge, information and belief. CERTIFICATION We, Mark and Jean Taylor, hereby certifY that we mailed a copy of the forgoing Answer was served this date by depositing same on the Post Office, first class mail, addressed as follows: Lawrence Young, Esquire Countess Gilbert Andrews 135 North George Street York, PA 17401 Joseph A. Goldbeck, Jr., Esquire Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 4 Cloud Court Mechanicsburg, P A 17050 Pro Se 4 Cloud Court Mechanicsburg, PA 17050 Pro Se Dated: March 20, 2006 . . EXHIBIT "t' " " ) '\ &; il ,.'1' -_... ], :J^ " to~..f-'-- , ",I ~, --; ;,' :\SGLt~. "....',.,[fl ,~~ DEEX l~ \.) hi.; ~.\ \.J' , "[f\LPID CGU\n~ -, ~2 nC'r: 'l1 f\iI 9 07 V 10/10' {; ;)6:; Ii.;! (fYI" ~uf'; Prepare<! By; Tammy Williams 2270 Erin Court POBox 762B Lancaster, PA 17604-7628 Return To: M&T Mortgage Corporation 2270 Eri f\ Court POBox 7628 Lancaster, PA 17604-7628 Parcel Number: HONE rSpftCe A.bove Tblll Une For RecordlQ& DabJ MORTGAGE DEFINITIONS Words used in multiple sections of this docwnenl are defined below and olheT words are defined in Sections 3, 11, 13, 18.20 and 21. Certain rules regarding the usage of words used in tbis documenL are also provided in Section 16, (A) "Security Instrument" means tbis document, whieh is dated August 15, 2002 together with all Riders to this document. (R)"Borrower" i:-; Jean M Taylor and Mark R. Tayloe Borrower is Lhe mortgagor Wider this Security Instrument. (C) "Lalder" is M&T Mortgage Corporation Lender is a Corporation 0008202772 PENNSYLVANIA - Single Family - Fannie MIlIl/Freddle Mile UNIFORM INSTRUMENT Form 3039 1/01 O$-8lPA1IOOO!) I'ft~. , 01 I;; ~,/;;:;'\ """\tl~-\d\/j (~OOI,2 '.72111 VMP"'ORTGAGEfMMS BK 1 7 l) j 0 U 0 5 4 organized and existing under the laws of New York Lcndcr'saddressis 2270 Erin Court POBox 7628 Lancaster, PA 17604.7628 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrowcr and dated August 15. 2002 The Note states that Borrower owes Lender One Hundred Thi rty One Thousand Two Hundred Fifty and 001100--- _ _ __. -- - - - -- --- - - - -- - --- - -- u_ u u_ - -. -- - - - - - Dollars (U .s. $131.250.00 ) plus interest. Borrower has prom.ised to pay this debt in regular Periodic Payments and to pay tbe debt in full not later than October 1, 2032 (E) "Property" IIJe'dIlS the properly that is described below under the beading "Transfer of Rights in the Property. ~ (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to tbis Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower lcbeck box as applicable}: D Adjustable Rate Rider D Balloon Rider I~J VA R;de, D Condominium Ridcr D Second Home Rider o Planned Unit Development Rider D 1-4 Family Rider D Biweekly Payment Rider 0 Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local stamtes, regulations, mdinances and administrative rules and orders (tbat have the effect of law) as well as all applicaole final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assess;wentsll means all dues, fees, as."essments and other c.:harge.... thaI are imposed on Borrowcr or the Property by a condominium association. homeowners association or sirrrilar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a lransaction originated DY eheck, draft, or similar paper instrument, which is initiated rhrougb an electronic terminal, telephonic instrument, l..'(lmpuler, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, out is not limited to, point-of-sale tranders. automated teller machine transactions, transfers initiated l}y telephone, wire transfers. and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, Of destruction of, the Property; (ii) condcflmation Of other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misr~rcscnta(ions of, or omissioll5 as to, the value and/or condi[ion of the Property. (M) "Mortgage InsuraDtC" means insurance protecting Lender against the nonpaymem of, or default on, the Loan. (N) "Periodic P.IIyment" means the regularly scheduled amounl due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrwncnt.. ~. .---. . -\ 0008202772 """,,}'> .) ~.S(PA)IOOO&) P'9.2of16 Form3039 1101 BK I /td, ~ Q S 5 5 (O} "RESPAl1 mean!; the Real Estate Settlement Procedures Act 02 U.S.C. SectioD 2601 et seq.) and its implementing regulation, Regulation X (24 C.F,R. Part 3500), as they might be wended from time to time, or any additional or successor legislation or regulation that governs the same subject maner. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan~ even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "SlJCa'Ssor in Interest of Borrower" ITICllIlS any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, eXlensJons and modifications of the Note; and (m the performance of Borrower's covenants and agreements under this Security Instrumcnt and thc Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County (Type 0)' Recording Jurisdiclionl of Cumberl and IName of Re,ording Jurisdiction}' "See Attached Legal Description" which currently has The address of 4 Cloud CT Mechanicsburg ("Property Address~): ICily]. Pennsylvania 17050 [Street] [ZipCodel TOGETHER WITH all the improvements now or hereafter erecled on the property, and all easements, appurtenances, and fiXtures now or hereafter a part of the propeny. All replacements and addilions shall also be cov~red by this Security Instrument. All of the foregoing is reterred to in this Security InSTrument as the ~Property. ~ ..6lPAlloaOBI . P.~, 3 01 16 ~nl ,,,"" ,c //\/ / 0008202772 ~ / Form 3039 1/01 BK I 7 G '::; ; , Q 5 5 6 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and oonvey tile Property and that the Property is unencumbered, ell.cept for encumbrances of record. Borrower warrants and will defend generally the title to the Property against aU claims and demands, subject to any encwnbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unifonn covenanlS with limited variations by jurisdiction to constitute a uniform security instnunent covering real property , UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment or Principal, Interest, Escrow Items, Prepayment Charges, aDd. Late Charges. Borrower shall pay when due the principal of. and interest on, (he debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant [0 Soction 3. Paymenls due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is remmed to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this S~rity Instrument be made in one or more of the following {onus, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank cbeck, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan cumml. Lender may accept any payment or partial pnyment insufficient to bring the LU(ln current, without waiver of any righrs hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the lime such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then lender need not pay inter~L on unapplied funds. Lender may hold such unapplied funds Wltil Borrower makes payment to bring the Loan current. (f Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or retwn them to Borrower, If not applied earlier, such funds will be applied to the outstanding principal balance under the Notc immediately prior to foreclosure. No offset or claim which Bouo\'ler might have now or in the future against lAmder shall relieve Borrower from making payments due under {he Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument, 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2. all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due UJKter the Note; (c) amounts due under Section 3. Such paymenls shall be applied to each Periodic Payment in the order in which it became due. Any remaining amo\Jnts shall be applied firstLO late charge!!, second to any other amounts due under this Security lnsmlmem, :md then to reduce the principal balance of the Note. lf Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment ,md the late charge. If more than one Periodic Paymenl is outstanding, lender may apply any payment received from Borrower to the tepaymem of the Periodic Payments if, and to the extent thai., each payment can be PI~' 4 QI 'e ~};;)\ '"i!o'I.~,1 0008202772 ..6(PA)IOIlO~1 ~ Form 3039 1/01 BK I 76 j:, U 5 5 7 paid in full. To [he extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall Rot extend or po5q)one the due date. or change the amount, of the Periodic Payments. 3. i'gods for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note:, until the Note is paid in full, a sum (the ~Funds~) to provide for payment of amounts due ror: (a) taxes lUld iSllcssments and other items. which can aLtain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section S; and (d) Mortgage InsurllIlCC premiums, if any, or any sums. payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow lIems. ~ At origination or at any time eluring tbe tenn of the Loan, ~r may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and asscssmcntfl shall be an Escrow Hem. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section, Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Fund.<! for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of :such waiver, Borrower shall pay directly, when and whcrc payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requirc.~, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall Cor all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement- is used in Section 9, If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrowcr faiifl to pay the amount due for an Escrow Item, Lender may e~ercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amoum. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3, Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to cxceed the maximwn amount a lender can require under RESPA. Lender shall estimate the amount of Funds. due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance witb Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, inslrumCnlality, or entity (including Lender, if Lender is an institution whose depositli are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, armually analyzing lhe escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree In wntmg, ho~ver, that mteresl ~o), 0008202772 In>llol '\.... I .~IS(PAl [00081 Pog. ~ 0116 Form 3039 1/01 BK I 7b 'j CO U 6 5 8 shall be paid on the Funds. Lender shall give to Borrower, withoUT charge, an annual accoilllling of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA, If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount nCCC3sary 10 make up the shortage in accordance with RESP A, but in no more lhan 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under IlESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly paymerus. Upon payment in full of all sums secured by this Security Instrumenl, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Chargt'Sj Liens. Borrower shall pay all taxes, assessments, charges, fines, and impo~ilions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees. and A~sessments, if any. To the extent that these items are Escrow Items, Borrower shaJl pay them in the manner provided in Section 3. Borrower shalt prompt! y discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in wrifing to the payment of the obligation secured by the lien in a manner acceptable ro Lender, but only so long as Borrower is penonning such agreement; (b) contests {he lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while Those proceedings are pending, but only unLil ~llch proceedings lire concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordiNLing the lien to this Security instrument. If Lender detennines that any part of the Property is subject to a lien which can attain priority over this Security Instrwnent, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower ~ha11 Slaligfy the lien or lake olle or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this. Loan. 5. Property Insurance. Borrower shall keep the improvemenTs now existing or hereafter erected un the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insur'am;e shall be maintained in the amounts (including deductible levels) and for the periods Lhat Lender requires. What Lender requires pursuant to the preceding sentences can change during (he term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which righl shalt not be exercised WlTeasonably. Lender may require Borrower Lo pay. in connection with this Loan, either: (a) a one-time charge for Oood "Lone determination, certification and tracking services; or (b) a one-tUne charge for flood zone detenninatioD and cenification services and subsequent charges each time temappings or similar changes occur which reasonably might affect !iuch determination or certification. Borrower Shllll also be responsihle for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood lOne determination resulting fIOm an objection by Borrower. P'Q,60116 ~'\ r., 'I ;I!IJ/ 1,,'ti"O:.' {,/ : / --" 0008202772 _.6(PA} [OOOBI Form 3039 1101 BK I / 0 'j ,0 5 5 9 If Borrower fails to maimain any of U1e coverages described above, Lender may obtain insunmce coverage, at Lender's option and Borrower's expense. Lender is under DO obligation to purchase any panicular Type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the oonlents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledgef> thal the cost of the insurance coverage so obtained might significantly exceed tbe cost of insurance thal Borrower could have obtained. AllY amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by lhill Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notire from Lender to Borrower requesting payment. All insurance policies required hy Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, sball include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to bolel the policies and renewal certiflcates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender a.'l mortgagee andJor 38 an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance camer and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shaH be applied to restoration or repair of the Property, if the restoration or repair is economieal1y feasible.and Lender's security is not lessened. During such repair and restoration period, Lender shan have the right to hold such insurance proceeds W1tit Lender has had an opportunily to inspect such Property to ensure the work: has been completed to Lender's satisfaction, provided that such inspection ~hall he W1dertaken promptly. Lender may disburse proceeds for thc repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires mtere-.st to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid Out of the insurance proceeds and shall be the sole obligation of Borrower. If the Tel>loralion 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 Instnunent, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender thai the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 3D-day period will begin when the notice is given. In either event, or if Lender acquires the Pmperty utlder Section 22 or otberwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in all amount not to exceed the amounts \Ulpaid \Ulder the Note or Ihis Security Instrument, and (b) any other of Borrower's rights (other than the right to any refuruJ of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the COverage of the Property. Lender may lL'le the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Sccurily In.'llrument, whether or nOl then due. G-S(PAlIOOOBI ~ r'ge7of16 '-" / il '",'," ~1;~~;) 0008202772 ~- Farm30391/01 Rv I 'I" viI i) ~j, Cl66iJ 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue 10 occupy the Property as Borrower's principal residence for at least one year after the date of occupancy. unless Lender otherwise agrees in writing, which consent shall not be unrea.'lOnahly withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Malnteuauce and Protec:tlon of the Property; Inspections. Borrower shall not destroy, damage or impair the Propeny, allow the Property to deteriorate or conunit waste on the Property. Whether or not Borrower is residing in the Propeny, Borrower shall maintain the Property .0 order to prevent rhe Property from dereriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or res.lOcation is not economically feasible, Borrower shaH promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in conneclion with damage to, or the taking of, the Property, Borrowcr shall 00 responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceed.. for the repairs and restoration in a single payment or in a series of progress (layments all the work is completed. If the insurance or condemnation proceeds are nol lluflicient to repair or restore the Property. Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agL1lt may make reasonable entries upon and inspeclion~ or the Property. If it has reason~ble cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such 811 interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application proccss, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially faIse, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material infonnation) in connection with the Loan. Material representations include, but are nut limited to, representations concerning Borrower's occupancy of the Property a.... Borrower's principal residence. 9, Protection or Lender's Interest in the Property and Rights Under this Security Instrument, If (a) Borrower fails to petform the covenants and agreemenLll contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under lhill Security Instrumenf (sucb as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has .ahandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any swns secured by a lien which has priority over this Security Instrument; (b) appearing in coun; and (c) paying re:.tllOnable attorneys' fces. to protect its interest in 1he Property and/or rights under this Security Instrument, including its st:Cured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain waler from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability f~~ot taking any or all actions authori1:ed under this Section 9. / ' ",,,,,.~~t)! 0008202772 ".6IPA1I00081 ~"~.~"fl~ ~- FOlm3039 1101 BK 7 () ~ iG 0 ii 5 I Any amounts disbursed by Lender under this section 9 shan become additional deht of Borrower s:ecured by this Security Instrument. These amOllllts shall bear interest at the Note rate from the date of disbursement and shall he payable. with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title 10 the Property, ihe leasehold and the fee tiLle shall nO( merge unless Lender agrees to the merger in writing. 10, Mortgage htsuraoce. If Lender required Mortgage Insurance as 3 condition of making the Loan, Borrower shall pay the premiums required to maintain rhe Mortgage Insurance in effect. If, for any reason, the Mortgage Insurl:lIlcc coverage required by Lender ceases w be available from the mortgage insurer iliat previously provided such. insw:anoe and Borrower was required to make separately designated payments foward the prwwns for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage subsWltiaJly equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage fnsurance previously in effect, from .an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay 00 Lender the amounl of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable 10s8 reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is uldmately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that lender re'l.uires) provided by an insurer selected by Lender again becomes available, is obTained, and Lender requires separately designated payments toward the premiums for Mortgage insUrance. If Lender required Mortgage Insurance as a cnndttion of malting the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums ~uired to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender'!! requirement for Mortgage lnsurance ends in acoordwce with any written agreement between Borrower and Lender providing for such terminalion or lmtil tennination is required by Applicable Law. Nothing in this Section 10 affects Bom1wer's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a pany to the Mortgage Insurance. Mortgage insurers evaluate lheir total risk on all such insurance in force from time to time, and may enter into agreements with other pmies that: &hare or modify their risk, or reduce losses. These agTeements are on tenns and conditions that are satisfactory to the mortgage insurer and the oilier party (or panies) to these agreements. These agreements may require the mottgage insurer to make payments us~ any source of ~ that the mortgage insurer may have available (which may include funds obtained from Mortgage Iosurance premiums). As 3 result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirecfly) amounts that derive from ({Jr might be characterized as) a portion of Borrower's payments for Mongage Insurance, in cxchwg,e for sb.aring or modifying lhc mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often tenned .captive reinsurance.. Further: (a) Any such agreements wiD Dot affed the amounts that Borrower has agreed to pay for Mortgage Insurance, or arty other terms of die Loan. Such agreements will not increase the IUIIOllot Borrower wiJIllwe for Mortgage Insurance, and the)' will nnt entitle RorroweT to any Tefund. '"",,/~~ 0008202772 <<II\.elPAlloooSI P&V.9.f15 ~/ I=llrm3039 1/01 BK I 7 6 S 0662 (h) Any !/.uch agreements will Dot affect the rights Borrower has - if any - with respect to the Mortgage lIlSuraoce under the Homeowners Protection Act or 1998 or auy other law. These rights may include the right to receive certain di.scIosures, to request ud obtain cancellation of the Mortgaee Iosurance. to have the Mortgage Insurance terminated automaticaDy, and/or to receive a refund of any Mortgage Insurance premtUlDS tbat were unearned at the time of such cancclIation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied fa restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's securil)' is not lessened. During lluch repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has bad an opportunity to inspect such Propeny to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lemler may pay for the repairs and restoration in a single disbursemenL or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened. the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any. paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. III the event of a total taking, destruction, or loss in value of The Property, the Mis<:ellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in whicb the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the panial taking, destruction, or loss in vaJue, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the arnaunl of the Miscellaneous Proceeds multiplicd by the following fraction: (a) the total amount of the sums secured inunediately before the partial taking, ~struction, or 10Sll in value divided by (b) !he fair market value of Ihe Pmpeny immediately before the partial taking, descruction, or loss in value. Any balance shall be paid to Borrower. In the event of a panial taking, destruction, or loss in value of the Property in which the fair market value of the Property inuncdiarely before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, WLIess Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the llum'! secured by this Security Instrument wheTher or not the swns are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower thai the Opposing Party (as defined in lite nexl sentence) offers to make an award to settle a claim for damages, Borrower fails [0 respond to Lender within 30 days after the date the notiee is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of tbe Property or to the sums secured by this Security Instrument, whether or not then due. ~Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds, BOrTOweT shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Properry or other material impairment of Lender' ~ interest in the Propeny or righl.~ under this Security lnstnunent. Borrower can cure such a default and, if ""leration hM occurred, reimt"e $ provided in Sootinn j 9, by C'".',i,~~ ~r P::;:~:7: _.6IPAIIOOOSJ P01'IOo'16 ~ form 3038 1/01 BX i /6:l P:; U 5 6 3 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid 10 Lender, AIJ Miscellaneous Proceeds that are not applied [0 restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrow~r Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or moditication of amortization of the swns secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any SUcceSlIOrs in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse 10 extend time fOf payment or otherwise modify amortization of the S11l1lS secured by this Security Instrument by reason of any demand made by lhe original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or SlK:cessors in Interest of Borrower or in amounts less than tbe amount then due, shall not be a waiver of or preclude die ellereise of any right or remedy. 13, Joint and Several Liability; Co-signen; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joiot and several, However, any Borrower who c(Higns this Security Instrument bul does not execute the Note (a .co-signer~): (a) is co-signing this Securtty Instrument only to mortgage, grant and convey the co.signer's interest in the Property Wider the terms of Ihis Security Instrument; (b) is not personally obligated to pay the sums secured by Ibis Security Instrument: an<! (c) agrees that Lender and any other Borrower can agree to e~tend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Notc without the co-signer':i consent, Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved. by Lender, shall obtain all of Borrower's rights and benefits under this Securily Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Inst:rl1lt1eot unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrwnent shall bind {except a~ provided in Section 20) and benefit the successors and assigns of Lender. 14, Loan CbargC'i. Lender may charge Borrower fees for services perfonned in COlillection with Borrower's default, fOT the purpose of protecting Lender's interest in the Property and rights under this Security Instnunent, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, tbe absence of express authority in this Security Instrumenl to charge a specific fee 10 Borrower shall not be construed as n prohibition on the cha:rging of such fee. Lender may not charge fcc.... that are expressly prohibited by thil\ Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges. and that law is finally interprcted .\0 that me ilJterest or other lolUl charges collected or to be collected in connection with the Loan exceed lhe permitted Iimil', then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any !lums already collected from Borrower which exceeded permitted limlls will be refunded Lo Borrower. Lender may choose to make this rcfund by reducing the principaL owed under lhc Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. IS. Notices, All notices: given by Borrower or Lender in connection with thil\ Security Instrument must be m writing. Any nottce to Borrower m connection w>tb thi, sccun~ ,hall be dcemed to lOll'''' \, -V;) 0008202772 _6fPAI 100081 p"~. 11 n' 1~ Form 3039 1101 BK I 76 =l/'G 0 6 6 1; have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers Wlless Applicable Law expressly requires otherwise, The notice address shall be the Property Address unless Borrower has designated a substitute nolice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by firsr class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall nOI be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Insmunent is also required under Applicable Law, the Applicable Law requirement wiD satisfy the corresponding requirement under this Security Instrument. 16, Governin& Law; Se\>erabllltyj Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. AJJ rights and obligations contained in this Secwity Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow lhe parties to agree by contract or it might be silem, but such silence shall n01 be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or lhe Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security In.'ltrument or the Note which can be given effect without the conflicting provision. As used in this Security lnstrument: (a) words of the IIlBScuIinc gender IIhall mean and include corresponding neuter words or words of the feminine lender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shaJl be given one copy of the Note and ofmis Security Instrument. 18. Transfer or tbe Property or a Beneficial Interest in Borrower. As used in thi~ Section 18, "Intef't:St in the Property" means any legal or beneficial interest in the Propeny, including, but not limited to, those beneficial interests trllI1!lferred in a bond for deed, contract for deed, installment sales contract or escrow agreemenl, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. tr 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 given in accordance with Seclion 15 within which Borrower must pay all S\llll$ secured by this Secw-ilY Instrument. If Borrower fails to pay the:<ie sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument wilhou[ further notice or demand on Borrower, 19. Borrower's Rlgbt to Reinstate After Act.'8eration. If Borrower meets certain conditions, Borrower shall have the right to have enfon:ement of this security Instrument discontinued al any time prior to the earliest of: (a) five days before sale of the Propeny pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the tennination of Borrower's rigm to reinstate; or (c) entry of a judgment enfor.cing 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 00 occelecatioo had ~eurred; (b) em", "'y d~efaUIt of~i). othe> covenanlS 0< 0008202772 ....6IPA) 100(8) ~.~. 12 of 1ft In;MI" ". ""/ Form 3039 t./01 BK 176SP:;0565 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to. reasonable attorneys' fees. property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interc~t in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and right:i under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue WIchanged. Lender may require that Borrower pay such reinstatement MUms and expenses in one or more of the following fonns, a~ selected by Lender: (a) cash; (b) money order; (c) certified check, bank check. treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits arc insured by It federal agency. instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and 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 acceleratioD under Section 18. 10. Sale of Note; Change of Loan Servicerj Notice ot GrIevance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold onc or moTe times without prior notice to Borrower. A sale migbt result in a change in the entity (known as the ~Loan SeIVicer~) that coUects Periodic Payments due under the Note lllld this Security InStnlD1eTlt and perfonm otbel' mortgage loan servicing obligations under the Note, mis Security Instrument. and Applicable Law. There alMl might he one or more changes of the Loan Servicer unrelated to a sale of the Note, If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other infonnation RESPA requites in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servieer other than the purchaser of the Note, the mortgage loan servicing obligations tll Borrower will remain with the Loan Servicer or be transferred to a successor Loan Scrviccr and arc not asswned by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join. or be joined to any judicial action (as either an individual litigant or the member of a class) mat arises from the other party's actions pursuant 10 this Security Instrument or that alleges that the other party has breached any provision of. or any duty owed by reason of, this Security Instrument, WItH such Borrower OT Lender has notified the otber party (with such lloti~ given in compliance with the requirements of Section 1S) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to lake corrective action. If Applicable Law provides a time period which musl elapse before certain action can be taken, that time period will be deemed to be reasonable for pwposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed 10 sati.sfy the notice and opportunity to take corrective action provisions of this Section 20. 21. HllZ.IIrdous Substances. As used in this Seclion 21: (a) "Hazardous Substances" are those substances dermed. as toxic or hanlfdous substances. pollutants, or wastes by Environmental Law and the following substances: gasoline. kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioaclive materials; (b) "Environmental Law~ means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmemal protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Envirorunental Law; and (d) an "Environmental Condition~ means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Gt;6IPAl 100081 Pogo 11 01 I ~ ;<" !R;~~) , '"".~/ 0008202772 Form 3039 1/01 BK I 7 6 9 PG 0 6 6 6 Borrower shall not cause or permit the presence, use, disposal, ~torage, or release of any Hazardoll.'i Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower sh~ll not do, nor allow anyone else to do, anything affecting the Property (a) th.;tt is in vioLation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence. use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding tWQ sentences shall not apply to the presence, use, or storage on the Property of smail quantities of Hazardous Subsumces that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in conswner products). Borrower shall promptly give Lender wrinen notice of (a) 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 Envirorunenta1 Law of which Borrower has actual knowledge. (b) any Environmental Condition, including but not limited 10, any spiIJing, leaking. discharge. release or threat of release of any Hazardous Suhstance, and (c) any condition caused by d1e presence, use or release of a Hazardous Substance which adverrely affects the value of the Property. If Borrower learns. or is notified by any governmental or regulatory authority. or any private party. that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower sball promptly take all necessary remedial actions in accordance with Enviromnental Law. Nothing herein shall create any obligation on Lender fOT an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. I.auIer shan give notice to Borrower prior to actelentlon following Borrowerls breacb of any covenant or agreement Ia this Security lostrument (but not prior to accelt1'ation under Section 18 unless App6cable Law provides otherwise). Leuder sball ootify Borrower of, among other thinGS: (a) the defauItj (b) the action required to cure the default; (c) when the default must be cured; and (d) that faDure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosnre by judidal proceeding and sale of the Property. Lender shall further infonn Borrower of the riaht to reinstate after a<<el.eration and tbe right to assert to the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleratioD and forecIO.!Iure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument witbout further demand and may foreclose thill Security Instrument by judJclaI proceeding, Lender shall be entitled to collect all ex:pemles incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs ot title evidence to tbe extent permitted by AppUcable Law, 23, Release. Upon payment of all sums secured by this Security Instrument. this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation caslS. Lender may charge Borrower a fee for releasing this Securiry Insuument, hut only if the fee is paid to a third party for services rendered and the charging of the fee is pennitted under Applicable Law. 24. Waivers. Borrower, to the extent pennitted by Applicable Law, waives and releases any error or defects in proceooings to enforce this Security Instrument, and hereby waives the benefit of any presenc or future laws providing for stay of execution, extension of time, el.emption from attachment, levy ana sale, and homestead exemption. 15. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior (0 the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument 2&. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Propeny. this Security Instrument shall be a purcha.~e money mortgage. 27, IDtuut Rate After Jndgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the raLC paY.l:lllle from time to time under lhe Note. cD\.6IPAIIOOOBI r....HOI16 BK I 7 5 9 PG 0 6 5 7 ~_:\ , W 101,1.1. ' ~} '_' 0008202772 Form 3039 1/01 BY SIGNiNG BELOW, Borrowcr acceplS and agrees to the terms and covenants contained in this Security Instrument and in any Rider ~xecuted by Bonower and recorded with it. ~- ;t 4' . /~~... /~ - Mark R. TSylor (Seal) .Botro....et (Seal) (Seal) -Borrower -HurrOWl:r (Seal) (Seal) .Borrower BIIrrowcr (Seal) (Seal) -~Hower _Borrower 0008202772 G-6IPAIIQ0091 . P'g.HOf16 r.rm 3039 1'01 BK I 7 6 S PG 0 6 6 8 Cer1irtcate of Residence I, Tammy Williams the oorrect address of the within-named Mortgagee is Lancaster. PA 17604.7628 Witness my hand this 15th , do hereby certify that 2270 Erin Court POBox 762B day of August. 2002 Cornerstone Land Transfer, Inc. AgelllofMongagee COMMONWEALTH OF PENNSYLVANIA, Cumber land County Sfl: On this, the 15th day of August, 2002 lUldcrsigned officer, personally appeared Jean M. Taylor and Mark R. Taylor , before me, the known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed thc samc for thc purposes herein contained. IN WITNESS WHEREOF, I hereunto set my han~ti at seal. My Conn"""on ExpIres: J _ ((; -f) f(J _ NoIBJ"IaIseat , /' KeUy L. Quinn, NotafY PubliC CW"rtY HafIlIJdif1TWP.'~le 2006 My Ca'nmiSSlOn EllJ*l3' ' , MembBf, PenI1S~vania MICJCi8tIDn OINalarie8 Tide of Officer e.6IPAII00081 . ~.a' 15 0115 ~~\ / /") '^I!I&'S 1 ~ V F.,m 3030 1101 BK I 7 6 9 PC 0 6 6 9 EXHIBIT ''11' NOTE August 15. 2002 IPIlu:J Hechanicsburg (CiIY] PennsYlvania rSlillel 4 Cloud CT Mechanicsburg. PA 17050 [Property Addr~f>Sl I. BORROWER'S PROMISE TO PAY 1n return for a Joan that T have receivoo, I promise to pay U.S. $ 131.250.00 (this amount is called "Princ.ip31"), plus intere$l, to the oreler of the Lender. The Lender is M&T Mortgage corporation f will make all payments under this Notl;': in the fonn of cash, check or money order. J understand that the Lender may trans.fer this Nllle. The Lender or anyone who lakes this Note by transfer and who is entitled 10 receive payments under this NOle is caUed the ~Note Holder." 2. INTEREST Interesl will be charged on unpaid principal until the full amOunt of Principal has heen paid. I will pay interest at a yearly fate of 7.500 %. TIle inLere~t rate required by this Section 2 is the rate l will pay both before and after any default described in Section 6(8) of this Note. 3. PAYMENTS (A) Time and PI~ce of Payment':! 1 will pay principal and imeresl by making a payment every momh. I will make my monthly payment on (he 1st day of each month beginning on October 1. 2002 . I wjJJ make the~e payrnenl~ every munth until r have paid all of lhe principal and interest and any other charges described below that I may owe under this Norc. Each monthly p.1ymenr will be applied as of its scheduled due date and will be applied to inter{>S( before Principal. If, on Se.pn!mber 1. 2032 , I still owe amounts under this Note. I will pay those amounts in full on th'll d<lte, whicll is calle(1 the "Maturity Date.~ I will make my monlhJy paymenls 3{2270 Eri n Court. POBox 7628. Lancaster, PA 17604.7628 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly p:Wznent will be in the amount of V.S. $ 917.72 4. BORROWER'S RIGHT TO PREPAY I have the righl 10 m:\ke paymems of Principal at any time before they are dUe. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, 1 will tell the Nore Holder in writing thai J am doing so. I may not designate a paymenllls a Pre-payment if I have not nmde all the monthly paymcnls duc under the Nofe. I may make a full Prepayment or panial Prepayments without paying a Prepayment charge. The Note Holdel' will use my Prepayments (0 reduce (he amoum ot" Princip;u that I owe under this NOfe. However, the Note Holder may apply my Prepaymellt to Ihe accmed and unpaid imerest on the Prepayment amount, before applying my Prepayment 10 reduce.: lhe Principal amOlml of the Note. If I make a partial Prepayment. there will be no changes in the due date or in Ihe amonnr of my monthly payment unless the Note Holder agrees in writing 10 those changes. 0008202772 MUlTlSTATE FIXED RATE NOTE-Single family-Fannia Mue/Freddie Mile UNIFORM INSTRUMENT ..5NI00051.01 " VloIP "'OUG~GE FO~MS Form 32:00 1/01 r'~1 1 01 3 ItiOO)~~l. .J~~.l~ .J~lldft:~.~ , . 5. LOAN CHARGES ff a law, which applie6' to thi.., lmm ami which sets m.aximum loan chargL":s, is finally interpreted!M) that the interest or other lo.an ch.arges coliected or to be collected in connection with this loan exceed the pennined limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to mc. The Note Holder may choose to make this refund by reducing (he Principal I owe under this Note or by making a <lire<< payment to me. If a refund reduces Principal, lite redUction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late ChArge for Overdue Payments 1f the Note Holder has nor received the full amount of any monthly payment by tl1e end of 15 t.:alendltT days after the dale it is due, I will pay a tate charge 10 the Note Holder. The amount of the charge will be 5 . 000 % of my overdue payment of prinCipal and interest. I wHl pay this late charge promptly but only once on each late paymenl. (B) l!.Iaull If I do not pay the full amount of each monthly payment on the dale ie is due, I wilJ be ill default. (C) Notj(:e of Default If I am in default, the Note Holder may send me a written notice telling me that if ( do not pay the overdue amount by a certain dale. the Nute Hohler may require me 10 pay immediately the full amouOl of l-'rincipal which has not been paid and all the interes1 Ihat I owe on that amount. That date must be at least 30 days after the dale 011 which the notice is mailed 10 me or delivered by other menns. (D) No Waiver By Note Holder Even it. at a time when I am ill default, the NOIc Holder does nol requjre me to pay immediately in full as described above, the Note Holder will ~ti11 have ehe right to do so if 1 am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note H()ldcr has required me to pay immediately in full as described above. the Note Holder will have the right 10 PC paid back by me for all of its COsts and expenses in enforcing this Note to the extClllnot pmhln;ted by <tpplicabJe law. Those expenses include, for example, reasonable atlorncy~' fees.. 7. GIVING OF NOTICES lInIf'.ss applicable Jaw requires a different method, any notice lhat mus.L he given 10 me under fhis Note will be given by delivering il or by mailing if by first class mail tn me al the Property Address above or at a different address if I give lhe Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will he given hy delivering il or by mailing it by first class mail to (he Note Holder at the addrns slated in Section 3{A) above or at a different address if I am given Q no(ice of that different address. 8. OBLIGATIONS OF PERSONS UNDER TillS NOTE If more thAn one person signs this. Note, each person is fully and personally obligated to keep all of the promises. made in this Note, indw.1ing the promise to pay the full amount owed. Any person who is a guaranlllr, ~urety or endorser of Ihis Note is also obligated to do these things, Any perSOn who lakes ovcr Lhese obligations, including the Obligations of a guarantor, surely or endorser of this No(c, is also obligated to keep aU of {he promises made in this Note. The Note Holdcr may cnroree its rights under this Note against each person individually Of against all of us together. This means lhai any onl: of us may be required (0 pay all of the amounts owed under lhis Note. 9 . WAIVERS I and any other person who has obligations under thi~ Note waive the rights of Presentmeo( and Notice of Dishonor. >>Presentment" means the right to rcquirc thc Note Holder [0 demand paymenl of amounts due. ~Notice of Dishonor" means the right to require the Note Holder to give notice to uther persons that amounlS. due have not been paid. 0008202772 G.SNI()Q(}51.01 . P.~I 2 ~I J 'o'..m.~ Ci1l\!l!,'e/ . 10. UNIFORM SECURED NOTE This Note is a uniform instroment with limited variations in some jurisdictkms. In addition lllthe prulcctiom>. gi...en 10 the Note Holder under this Note, a Mortgage, Deed of Trusl, or Security Deed (the "Security 1nstrument~), dated the same dale as lhi~ Note, prulet.:hllhc Nnlc Holder from !)Ossihlc losses which might result if I do not keep [he promises which 1 make in this Note. That Security 1nslnn1lent deBCribes how and under what conditions I may be required to make immediate r<'ymenl in h,)] of all amounts I owe under this Note. Some of those conditions are described as follows: If all Of any parl of the Property or any Interesl jJ1 the Property is sold or transferred (or if Borrower is not a natural person and a beneficial in~erest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment in full of all sums secured by this Security Instrument. However, thi~ option shallllot he exercised by Lender if :<lueh exerci!iC is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Darrower notice of i\Cceleration, The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 1.5 within which Borrower must pay all sums secured hy this Security Instrument. If Bormwcr fails 10 pay thc.~e sums prior to the expiration of chis period, Lender may invoke an)' remedies pennilted by this Security Instrument without further notice or demand on Borrower. q;;;i!";j;;Z'''O'~ ~:"rn~ __~.__(Seal) -Bnrrower PAY TO THE ORDER OF (Seal) -Burrower VVlTHOUT RECOURSE M & T MORTGAGE CO .SIGNI:;U: NAME: JILL M. SMITH TITLE: VICE PRESIDENT O.RATION , A.,...- ..iSl;,1 -RorlOw~r (Seal) .Borrower (Seal) .Ik,lfrower (Seal) (Seal) -Borrower -Bormwtf !Sigll Original Only! 0008202772 Q.5NIQ{J(J51,cr . p,~. J ~I 3 Form 32001101 . - GOLDBECK McCAFFERTY & McKEEVER BY: USA A. LEE, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 70 I S. Market Street Philadelphia, PAl 9 I 06 215-825-6349 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. JEAN M. T AYLOR and MARK R. TAYLOR Mortgagors and Record Owners 4 Cloud Court Mechanicsburg, P A 17050 No. 06-1 145 The United States of America CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Cheryl A. Dilchus, hereby certifies that she did serve true and correct copies of Plaintiff's Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below: Jean M. Taylor Mark R. Taylor 4 Cloud Court Mechanicsburg, PAl 7050 Date: 4/)-} 0 [/p ~ . ,. VERIFICA nON LISA A. LEE, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiffs Motion for Summary Judgment are true and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P .S. section 4904. ~an~A , Lisa A. Lee, ~squire Attorney for Plaintiff ~"i:l <-; c:.;, ,. .. SHERIFF'S RETURN - REGULAR CASE NO: 2006-01145 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS TAYLOR JEAN M ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TAYLOR JEAN M the DEFENDANT , at 2020:00 HOURS, on the 2nd day of March , 2006 at 4 CLOUD COURT MECHANICSBURG, PA 17050 by handing to JEAN TAYLOR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.68 .00 10.00 .00 37.68 r~-'-'<~ R. Thomas Kline me thi s ;l./.A.-t- day of 03/03/2006 GOLDBECK MCCAFFERTY MCKEEVER B~~~bt Sworn and Subscribed to before ~~A.D. ~H t;roCh . ry y , ~. SHERIFF'S RETURN - REGULAR CASE NO: 2006-01145 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS TAYLOR JEAN M ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TAYLOR MARK R the DEFENDANT , at 2020:00 HOURS, on the 2nd day of March , 2006 at 4 CLOUD COURT MECHANICSBURG, PA 17050 by handing to JEAN TAYLOR, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavi t Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~~ R. Thomas Kline 03/03/2006 GOLDBECK MCCAFFERTY MCKEEVER day of BY~~~t~ Sworn and Subscribed to before me this .:l1-4.J' ~ .L(}O.... ~ A.D. ?!fr~~f ~ , , M & T MORTGAGE CORPORATION P. O. Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE V. JEAN M. TAYLOR MARK R. TAYLOR Mortgagors and Real Owners 4 Cloud Court Mechanicsburg, PA 17050 : NO. 06-1145 CIVIL IN RE: MOTION FOR SUMMARY JUDGMENT BEFORE OLER AND EBERT. JJ. AND NOW, this 2nd day of August, 2006, upon consideration of the Plaintiff's Motion for Summary Judgment and the Defendants' Response thereto and following oral argument held on July 12, 2006 at which the Defendants did not appear, IT IS HEREBY ORDERED AND DECREED that the Plaintiff's Motion for Summary Judgment is GRANTED. Judgment is entered for the Plaintiff and against the Defendant in the amount of $142,967.39 together with interest from March 1, 2006 to the date of the Sheriff's sale at the rate of $26.24 per day, along with foreclosure and sale of the mortgaged premises. By the Court, Lisa A. Lee, Esquire Attorney for Plaintiff Jean M. Taylor, Pro Se Mark R. Taylor, Pro Se Defendants , ~ (W'".D.,( 3. D~'O(.. Ci- "ULG WV f> "fW '00Z' '..- ': -' !.i In the Court of Common Pleas of Cumberland County M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JEAN M. TAYLOR MARKR. TAYLOR (Mortgagor(s) and Record Owner(s)) 4 Cloud Court Mechanicsburg, P A 17050 No. 06-1145 Defendant(s) THE UNITED STATES OF AMERICA PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against JEAN M. TAYLOR and MARK R. TAYLOR IN ACCORDANCE WITH THE SUMMARY JUDGMENT ORDER DATED AUGUST 2, 2006 and THE UNITED S1;A TES OF AMERICA IN ACCORDANCE WITH THE USA STIPULATION DATED MARCH 23, 2006. Assess damages as follows: Debt $142,967.39 Interest - 06/01/2005 to 02/28/2006 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTA FROM THE COMPLAINT. o dbeck, Jr. !to or Plaintiff I. . #16 32 . AND NOW ~UJJ. ~ c::- . , ~ Dot-. ,Judgment is entered in favor ofM&T MORTGAGE CORPO nON lIhd against JEAN M. TAYLOR and MARK R. TAYLOR IN ACCORDANCE WITH THE SUMMARY JUDGMENT ORDER DATED AUGUST 2, 2006 and THE UNITED STATES OF AMERICA IN ACCORDANCE WITH THE USA STIPULATION DATED MARCH 23, 2006 and damages assessed in the sum of "",""'.~"-- ~~l Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff No. 06-1145 vs. JEANM.TAYLOR MARKR. TAYLOR (Mortgagors and Record Owner(s)) 4 Cloud Court Mechanicsburg, P A 17050 TfIE UNITED STATES OF AMERICA Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATl'EMPTING TO COLLECT A DEBT OWED TO OUR CLmNT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE against you. By: Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JEAN M. TAYLOR, is about unknown years of age, that Defendant's last known residence is 4 Cloud Court, Mechanicsburg, PA 17050, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise wi thin the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: oV\O'-l L_ VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1 . That the above named Defendant, MARK R. TAYLOR, is about unknown years of age, that Defendant's last known residence is 4 Cloud Court, Mechanicsburg, PA 17050, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 Date: ~\\'\ L GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney 1.0. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 A~torney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. JEANM.TAYLOR MARKR. TAYLOR (Mortgagor(s) and Record owner(s)) 4 Cloud Court Mechanicsburg, PAl 7050 CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-1145 THE UNITED STATES OF AMERICA ORDER FOR JUDGMENT Please enter Judgment in favor of M&T MORTGAGE CORPORATION, and against JEAN M. TAYLOR and MARK R. TAYLOR IN ACCORDANCE WITH THE SUMMARY JUDGMENT ORDER DATED AUGUST 2, 2006 and THE UNITED STATES OF AMERICA IN ACCORDANCE WITH THE USA STIPULATION DATED MARCH 23, 2006, in the sum of $142,967.39. I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 and that the name(s) and last known address(es) of the Defendant(s) is/are JEAN M. TAYLOR, 4 Cloud Court Mechanicsburg, P A 17050 and MARK R. TAYLOR, 4 Cloud Court Mechanicsburg, P A 17050; GO K McCAFFERTY & McKEEVER BY: osep A. Goldbeck, Jr. Atto ey f r Plaintiff . . L ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $127,692.29 Interest from 06/0112005 through 02/28/2006 $7,163.52 Attorney's Fee at 5.0000% of principal balance $6,384.61 Late Charges $468.87 Costs of Suit and Title Search $900.00 Escrow Balance Deficit $358.10 ($0.00) $142,967.39 McCAFFERTY & McKEEVER A. Goldbeck, Jr. Plaintiff AND NOW, this ':<~y of ~ ,2006 damages are assessed as above. 1..~ c~ ~- ~ ~ ~ "(1' ~ ~ o ^ \l >.... \"- ~ ~ ~ . B ~ E 1: ("l f;~ --r"lt:l' 6;j, ;:;: ..~ ,C tl} ~" .~~ ~~~ ~ ,..., 0 g -n ~ ~:n G") _j fTI N ),'1:' U1 ':~ CJ :~::t4 ~ ~'2o --" t)m ..p, 35 i.AJ =< '-" { ~ GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. McKEEVER, ESQUIRE Attorney I.D.#56129 Suite 5000 - MeUon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorne for Plaintiff M&T MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Plaintiff CIVIL ACTION - LAW v. MARKR. TAYLOR ACTION OF MORTGAGE FORECLOSURE AND Term No. 06-1145 UNITED STATES OF AMERICA Defendants STIPULATION It is hereby stipulated and agreed by and between M&T MORTGAGE CORPORATION, plaintiff, and the defendant, United States of America, as follows: 1. That the premises referred to in the Plaintiffs Complaint is owned by the defendant(s), MARK R. TAYLOR. 2. The plaintiff filed an action in mortgage foreclosure to the above number and term, and named as defendant(s), MARK R. TAYLOR. 3. The parties hereby agree that the United States of America shall, and hereby is, named as a party in the above action, in accordance with 28 U.S.C. 92410 et sea. 4. The United States of America hereby accepts service of the complaint and waives its right to file an answer or other responsive pleading thereto, and waives any objection it may have to the judgment entered against the defendant(s). 5. The United States of America has 1 tax lien(s) against the property which is/are subject to the action of mortgage foreclosure, #2002-4924 , totaling $68,160.58, both entered in ; . \ .n the Prothonotary's office of Cumberland County Pennsylvania. 6. That the Federal Tax Liens described in Exhibit "A" to this Stipulation are junior in time to the Plaintiffs mortgage set forth in paragraph three (3) of plaintiff's Complaint. 7. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 8. That the defendant, United States of America, is not indebted to the plaintiff. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which was served on the defendant, United States of America. 10. That the judicial sale of said property shall discharge the Federal Tax Lien described in Exhibit "A". 11. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due the United States shall be sent to the Internal Revenue Service, PO Box 1267, Harrisburg, PA 17108-1267. The check shall be made payable to "United States Treasury" and shall include the name and social security number of the taxpayer. 12. That the defendant, United States of America, preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). 13. The parties to this Stipulation shall bear their own respective costs in this proceeding. Dated: March 21. 2006 By: THOMAS A. MARINO United States Attorney Dated: ~ BY: Mlb", Q 5\AiUN ~"'_ Melissa Swauger Assistant U.S. Attorney Attorney for United States of America ~ 't9- ..Q t~ l . 0 c ).j -u F - ""Q \"'" ~ ~ ~ g ~ IS'" - r .... ---- ~ r--- q L ~7 -n8 n"'j-.' ~:~. ;:'/1. ,...., = C~ "" :;po c::; GO N <.f\ ..-..... \ . l?, ~.." rt1r..;: -o!~ -!J~J r,~(:~ ""1 ~T, ?5B ".. ,")' rn ::IC 0 ~ ~ ...0 ., W c..:> , . M & T MORTGAGE CORPORATION p, O. Box 840 Buffalo, NY 14240-0840 V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MORTGAGE FORECLOSURE JEAN M. TAYLOR MARK R. TAYLOR Mortgagors and Real Owners 4 Cloud Court Mechanicsburg, PA 17050 NO. 06-1145 CIVIL IN RE: MOTION FOR SUMMARY JUDGMENT BEFORE OLER AND EBERT. JJ. AND NOW, this 2nd day of August, 2006, upon consideration of the Plaintiff's Motion for Summary Judgment and the Defendants' Response thereto and followirig..oral ~~. argument held on July 12, 2006 at which the Defendants did not appear, IT IS HEREBY ORDERED AND DECREED that the Plaintiff's Motion for SummarY Judgment is GRANTED. Judgment is entered for the Plaintiff and against the Defendant in the amount of $142,967.39 together with interest from March 1, 2006 to the date of the Sheriff's sale at the rate of $26.24 per day, along with foreclosure and sale of the mortgaged premises. By the Court, ~\ M. L. Ebert, Jr., \( J. , Lisa A. Lee, Esquire Attorney for Plaintiff Jean M. Taylor, Pro Se Mark R. Taylor, Pr-o Se Defendants . TRUE cnr'" . In Testimony' WII~''','' . .. . . . . u',d.. ,. ~!jIU ::.tlt my 1',.110 ;:~seal of said :?f. ;~~Iisle. Pa. ~ .20tJ(. . ~. ~~~ r L_ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 ~ Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. JEANM. TAYLOR MARK R. TAYLOR Mortgagor(s) and Record Owner(s) 4 Cloud Court Mechanicsburg, P A 17050 Defendant(s) THE UNITED STATES OF AMERICA IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06'1145 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 0610112005 to 02/28/2006 at 7.5000% (Costs to be added) $142,967.39 GO f, Ii; ~:, (j.. ~J -t. ~~:;,t ~ J ~ ~ ^"'ia (f t.!> '~j3S 2 0.. 2 ~ ,,)D- .. Z <<oJ ~~3 ~t-=.j ~~- ~ 5 ~ ~ ~ !;j!~ ~ e::;:U U ~~~ ~ ~~ 0 ';;l ~ 8 ~ ~ ~ ~ ~ >c: u.JQ D'<:::~ cc;;:'.J I.l..-r--". q(~ tau: u;CU ~ ~ '"' ~ 1~! ~ ~S-e~< ~~ ~8"". ,;, ~ r-liI ';;l ~ ;. E-:1l'l1~1 i~l~'l ..... .. " '5 ; , ~\ ~~ =' ii \ =- - '""'" ~ ~ ~ l:::' .. .. - ... ~ - , , o J J 0 4 0 0 ~ ~ 0:. ~ t)- .... - "" ... \ ~ ::i- :t i9- ~! ~ ~ 8 '!}~"'" '; dil ~~~ I ~ ~ t~~ .,:"'! ~~~l~ ~ ::l"S'!'" I .ot1"':S .g< l~ "" ~,~ '" ~-j () a o \I) -:. ~~ ..... .... 1 Y1 -J- .~ r-- ... "- -! ~~ ~ ~ c: ,Je... ~- 1~ 'Z.)c.::i. .... - All that certain tract or parcel ofland and premises, situate, lying and being in the Township of Silver Spring, in the County ofCumberIand and Commonwealth of Pennsylvania, more particularly described as follows, to wit: , Beginning at a point on the southern side of the cul-de-sac of Wheat Field Lane at the dividing line of Lots Nos. 2 and 7 on the hereinafter mentioned Plan of Lots; thence by a curve to the left having a radius of 50.00 feet, an arc length of 46.36 feet to a point at the dividing line between Lots Nos. 7 and 9 on said Plan; thence along said dividing line South 29 degrees 41 minutes 00 seconds West, 146.22 feet to a point at line of lands now or formerly of Conrail Lands North 78 degrees 19 minutes 40 seconds West, 616.59 feet to a point; thence continuing along lands now or formerly of Conrail and continuing along lands now or formerly of John C. Y orIets, North 52 degrees 24 minutes 00 seconds East, 294.31 feet to a point; thence continuing along same North 29 degrees 23 minutes 00 seconds East, 85.40 feet to a point at the dividing line between Lots Nos. I and 7 on said Plan; thence along said dividing line and along line of Lot No.2 South 60 degrees 19 minutes 00 seconds East, 433.17 feet to a point on the southern side of the cul-de-sac of Wheat Field Lane, being the point and place of beginning. Being Lot No.7, being known as the Plan of Mulberry Acres, as shown on said Plan of Lots prepared by H. Edward Black and Associates and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 49, Page 39. TAX PARCEL #: 38-22-0146-060 PROPERTY ADDRESS: 4 CLOUD COURT, MECHANICSBURG, PA 17050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1145 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T MORTGAGE CORPORATION, Plaintiff (s) From JEANM.TAYLORANDMARKR.TAYLOR AND 'DIE unTED SlATES OF AMERICA (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee( s) that: ( a) an attachment has been issued; (b) the garnishee( s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $142,967.39 Interest FROM 6/1/05 TO 2/28/06 AT 7.5000% L.L. $.50 Atty's Comm % Due Prothy $1.00 Other Costs Atty Paid $144.68 Plaintiff Paid Date: AUGUST 25, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ill No. 16132 . . Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. JEAN M. TAYLOR MAAK R. T AYLOR (Mortgagor(s) and Record Owner(s)) 4 Cloud Court Mechanicsburg, P A 17050 CNIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-1145 THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following infonnation concerning the real property located at: 4 Cloud Court Mechanicsburg, P A 17050 l.N ame and address of Owner(s) or Reputed Owner(s): JEANM. TAYLOR 4 Cloud Court Mechanicsburg, PAl 7050 MARK R. TAYLOR 4 Cloud Court Mechanicsburg, P A 17050 2. Name and address of Defendant(s) in the judgment: JEAN M. TAYLOR 4 Cloud Court Mechanicsburg,PAl7050 MARKR. TAYLOR 4 Cloud Court Mechanicsburg, P A 17050 THE UNITED STATES OF AMERICA SUITE 220, FEDERAL BLDG. 228 WALNUT STREET HARRISBURG, PA 17108 ~ , 3. !'lame and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DURON, INC. C/O BURTON NEIL & ASSOCIATES P.O. BOX 356 WEST CHESTER, PA 19381-0356 COMMONWEALTH OF PA, DEPT. OF REVENUE BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128 COMMONWEALTH OF PA, DEPT. OF REVENUE BUREAU OF COMPLIANCE P.O. BOX 281230 HARRISBURG, PA 17128-1230 4. Name and address of the last recorded holder of every mortgage of record: KEYSTONE FINANCIAL BANK, N.A. ONE KEYSTONE PLAZA HARRISBURG, PA 17105 MANUFACTURERS & TRADERS TRUST CO. ***A W AITlNG LIENHOLDER ADDRESS- 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sate. TENANTS/OCCUPANTS 4 Cloud Court Mechanicsburg, P A 17050 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: AUlplst 11. 2006 McCAFFERTY & McKEEVER o ~ ~?,~~~~ lr ~::."--- f' .\ -z:.(-< $C ~ ..' " ~ 'i:?- ~ co' 1j, Q, ~:!d tt, :<6t? (::>'Sl, .-\_-"n ge> (5tn A ~ ~ '-P. (.,:) s:- ., -~ 06-1145 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORA TlON PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW JEAN M. TAYLOR MARKR. TAYLOR Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 4 Cloud Court Mechanicsburg, P A 17050 THE UNITED STATES OF AMERICA Term No. 06-1145 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A'ITEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TAYLOR,JEANM. .JEAN M. TAYLOR 4 Cloud Court Mechanicsburg, P A 17050 Your house at 4 Cloud Court, Mechanicsburg, P A 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, December 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $142,967.39 obtained by M&T MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. " ...... 06-1145 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one. the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PAl 7013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 - ~ (") """ ~ = r; = "'" ""0 (.,~ -po ~:n IJ;)q" c:: c:> rl1,. ^"':" -om /.: N coCJ ((.\ ~ U1 ()(-) ',:J4 :<>' :;--H :E:,' :J: '.),') .c::"::-. 2m S;;('~ 'P. 0 .-1 -, ?Xi ~ w s:- o<: \ ...... 06-1145 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CNIL ACTION - LAW JEAN M. TAYLOR MARKR. TAYLOR Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 4 Cloud Court Mechanicsburg, P A 17050 THE UNITED STATES OF AMERICA Term No. 06-1145 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A'lTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TAYLOR,MARKR. MARK R. TAYLOR 4 Cloud Court Mechanicsburg, P A 17050 Your house at 4 Cloud Court, Mechanicsburg, P A 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, December 06,2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $142,967.39 obtained by M&T MORTGAGE CORPORATION against you, NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. , L ..... 06-1145 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (") S -oi2.o. !~ti_ -7' ~ (/t ), -<' ~C '. ~{;,! ~, -" ~ ~ , r-.;> = = <:T' ".. c::: '" N Ul ~ ~:n r- -om :uc> 01 c-jQ >T::n ~~o om --I ~ :>> :::: 'f? c..:> .c- "' 06-1145 .>0 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW JEAN M. TAYLOR MARKR. TAYLOR Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 4 Cloud Court Mechanicsburg, P A 17050 THE UNITED STATES OF AMERICA Term No. 06-1145 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATI'EMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A'ITEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: THE UNITED STATES OF AMERICA Kim Stevens Suite 220, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 Your house at 4 Cloud Court, Mechanicsburg, P A 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, December 06,2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $142,967.39 obtained by M&T MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. III"" "' ~~ 06-1145 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped. your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened. you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff. you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time. the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sberiffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses. or ways of getting your house back. if you act immediately after the sale. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 - .. (j "" 0 = ~ = -n "" ;g ~":::~ ".. ::r..,., c::: n1r= -'" .. c-:> ". ~ ,-' -om 21M N (P :"6 , C.J1 0, ~{ :;-J-Fi ?~:. ~,~. ;po -'.,'\ ::Jl: ~20 >c; <.0 om 2..:: ~ =2 w .:;:- '-< GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorne for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 MT-0952 CF: 02/28/2006 SD: 12/06/2006 $142,967.39 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CIVIL ACTION - LAW JEAN M. TAYLOR MARKR. TAYLOR Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE Term No. 06-1145 4 Cloud Court Mechanicsburg, P A 17050 Defendant( s) THE UNITED STATES OFAMEIDCA CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (e) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ~ Personal Service by the Sheriffs Officeleel'llpctcnt ftEMtk (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. h A. 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Taylor, at 4 Cloud Court, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on October 12,2006 at 0949 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jean M. Taylor and Mark R. Taylor located at 4 Cloud Court, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency of the action to the within named defendants, to wit: Jean M. Taylor and Mark R. Taylor, by regular mail to their last known address of 4 Cloud Court, Mechanicsburg, P A 17050. These letters were mailed under the date of October 10, 2006 and never returned to the Sheriffs Office. ~~~?~~ R. Thomas Kline, Sheriff BY U\~ilil S~~ Real Estate Sergeant v. . GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. McKEEVER, ESQUIRE Attorney I.D.#56129 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attome for Plaintiff M&T MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Plaintiff CIVIL ACTION - LAW v. MARK R. TAYLOR ACTION OF MORTGAGE FORECLOSURE AND Term No. 06-1145 UNITED STATES OF AMERICA Defendants STIPULATION It is hereby stipulated and agreed by and between M&T MORTGAGE CORPORATION, plaintiff. and the defendant, United States of America, as follows: 1. That the premises referred to in the Plaintiffs Complaint is owned by the defendant(s). MARK R. TAYLOR. 2. The plaintiff filed an action in mortgage foreclosure to the above number and term. and named as defendant(s), MARK R. TAYLOR. 3. The parties hereby agree that the United States of America shall, and hereby is, named as a party in the above action. in accordance with 28 U.S.C. ~ 2410 et sea. 4. The United States of America hereby accepts service of the complaint and waives its right to file an answer or other responsive pleading thereto. and waives any objection it may have to the judgment entered against the defendant(s). 5. The United States of America has 1 tax Iien(s) against the property which is/are subject to the action of mortgage foreclosure, #2002-4924, totaling $$68.160.58, both entered in .. the Prothonotary's office of Cumberland County Pennsylvania. 6. That the Federal Tax Liens described in Exhibit "An to this Stipulation are junior in time to the Plaintiffs mortgage set forth in paragraph three (3) of plaintiff's Complaint. 7. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 8. That the defendant, United States of America, is not indebted to the plaintiff. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which was served on the defendant, United States of America. 10. That the judicial sale of said property shall discharge the Federal Tax Lien described in Exhibit "A". 11. That the proceeds of sale shall be divided and distributed as the parties may be entitled and any funds due the United States shall be sent to the Internal Revenue Service, PO Box 1267, Harrisburg, PA 17108-1267. The check shall be made payable to "United States Treasury" and shall include the name and social security number of the taxpayer. 12. That the defendant, United States of America, preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). 13. The parties to this Stipulation shall bear their own respective costs in this proceeding. By: \f\ \ Chcu.t '\. -nef{p~ Michael T. McKeever, Esquire Attorney for Plaintiff Dated: March 21. 2006 THOMAS A. MARINO United States Attorney Dated: ,\;}.1 \O~ BY: ~~ C\ 5 \.oJ (.W jfL Melissa Swauger Assistant U.S. Attorney Attorney for United States of America GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. CNIL ACTION - LAW JEAN M. TAYLOR MARK R. TAYLOR Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 4 Cloud Court Mechanicsburg, P A 17050 Tenn No. 06-1145 Defendant(s) THE UNITED STATES OF AMERICA SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 4 Cloud Court Mechanicsburg, P A 17050 l.Name and address ofOwner(s) or Reputed Owner(s): JEANM. TAYLOR 4 Cloud Court Mechanicsburg, P A 17050 MARK R. TAYLOR 4 Cloud Court Mechanicsburg, P A 17050 2. Name and address ofDefendant(s) in the judgment: JEAN M. TAYLOR 4 Cloud Court Mechanicsburg, P A 17050 MARK R. TAYLOR 4 Cloud Court Mechanicsburg, P A 17050 THE UNITED STATES OF AMERICA Suite 220, Federal Bldg. 228 Walnut Street Harrisburg, PA 17108-1754 3. Name and,last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DURON, INC. C/O BURTON NEIL & ASSOCIATES P.O. BOX 356 WEST CHESTER, PA 19381-0356 COMMONWEALTH OF PA, DEPT. OF REVENUE BUREAUOFCOMWLlirnCE DEPT. 280946 HARRISBURG, PA 17128 COMMONWEALTH OF PA, DEPT. OF REVENUE BUREAU OF COMWLlirnCE P.O. BOX 281230 HARRISBURG, PA 17128-1230 4. Name and address of the last recorded holder of every mortgage of record: KEYSTONE FINANCIAL BANK, N.A. ONE KEYSTONE PLAZA HARRISBURG, PA 17105 MANUFACTURERS & TRADERS TRUST CO. ONE M&T PLAZA BUFFALO, NY 14203-2399 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 4 Cloud Court Mechanicsburg, P A 17050 (attach separate sheet if more space is needed) , . I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 20,2006 o ~ ""tJ en rn,r", 7...t.-~ zf=- (~ };; ,:..., f'''} < ~.~ ~;(-) .<:,;.. -) ~:;.t., C -7 ~ ~ <:::::) ~ a" % o -:: N CD -0 :x ~ Ul o o -n ~.~ -om :09 ~.:d6 ~5 3"1 -7('"> (jrn ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Bauharbor Loan Ser LLC is the grantee the same having been sold to said grantee on the 6th day of Dec A.D., 2006, under and by virtue of a writ Execution issued on the 25th day of Aug, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 1145, at the suit ofM & T Mtg Corp against Jean M Taylor & Mark R is duly recorded in Deed Book No. 278, Page 2322. ~ ~. , -C 0\ IN TESTIMONY WHEREOF, I have hereunto set my hand eal of said office this /9 ~ day of , A.D. ~ {!f!J( A~ 5. l..UlTIOllnano County, CatllsIe. PA My Expire,1Ie F"1r8t Monday oI./In. 2010 M&T Mortgage Corporation VS Jean M. Taylor and Mark R. Taylor In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1145 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2006 at 2033 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Jean M. Taylor and Mark R. Taylor, by making known unto Mark Taylor personally and husband of Jean M. Taylor, at 4 Cloud Court, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on October 12,2006 at 0949 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jean M. Taylor and Mark R. Taylor located at 4 Cloud Court, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Jean M. Taylor and Mark R. Taylor, by regular mail to their last known address of 4 Cloud Court, Mechanicsburg, P A 17050. These letters were mailed under the date of October 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $181 ,000.00 to Bayharbor Loan Servicing, LLC. It being the highest bid and best price received for the same, Bayharbor Loan Servicing, LLC of 4 State Road, #520, Media, P A 19063, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$189,095.22. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge $30.00 3,620.00 15.00 15.00 30.00 10.00 .50 1.00 17.60 2.72 15.00 30.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed So Answers: r~~ R. Thomas Kline, Sheriff :~v\t{( rgeant 365.00 327.17 15.94 25.00 39.50 $4,559.43 J ., , 01'\ \'~ oyJ J.~ o-Ji.' '.I:;~o .00 \ SO ~ ~,,~~~ c..~ ~ \0'-" Q..-\ , , ,. ~ Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney J.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. JEAN M. TAYLOR M~RK R. TAYLOR (Mortgagor(s) and Record Owner(s)) 4 Cloud Court Mechanicsburg, P A 17050 CIVIL ACTION - LA W ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-1145 THE UNITED STATES OF AMERICA AFFIDAVIT PURSUANT TO RULE 3129 M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 4 Cloud Court Mechanicsburg, P A 17050 l.Name and address of Owner(s) or Reputed Owner(s): JEAN M. TAYLOR 4 Cloud Court Mechanicsburg, P A 17050 MARKR. TAYLOR 4 Cloud Court Mechanicsburg, PAl 7050 2. Name and address of Defendant(s) in the judgment: JEAN M. TAYLOR 4 Cloud Court Mechanicsburg, P A 17050 MARK R. TAYLOR 4 Cloud Court Mechanicsburg, P A 17050 THE UNITED STATES OF AMERICA SUITE 220, FEDERAL BLDG. 228 WALNUT STREET HARRISBURG, PA 17108 t ,. " J . 3. ~ame and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, P A 17105-2675 DURON, INC. C/O BURTON NEIL & ASSOCIATES P.O. BOX 356 WEST CHESTER, PA 19381-0356 COMMONWEALTH OF PA, DEPT. OF REVENUE BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128 COMMONWEALTH OFPA, DEPT. OF REVENUE BUREAU OF COMPLIANCE P.O. BOX 281230 HARRISBURG, PA 17128-1230 4. Name and address of the last recorded holder of every mortgage of record: KEYSTONE FINANCIAL BANK, N.A. ONE KEYSTONE PLAZA HARRISBURG, PA 17105 MANUFACTURERS & TRADERS TRUST CO. ***A WAITING LIENHOLDER ADDRESS*** 5. Name and address of every ,other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUP ANTS 4 Cloud Court Mechanicsburg, P A 17050 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: August 11, 2006 (2 :( d 82 9nV qOOZ "d ';\ J. !:~ It U ,) u i.j \~ .:,; 8~,,'Jfl '") LHd3HS 3111 jO 3JI.:UO .. 06-1145 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff YS. CIVIL ACTION - LAW JEAN M. TAYLOR MARK R. T AYLOR Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 4 Cloud Court Mechanicsburg, P A 17050 THE UNITED STATES OF AMERICA Term No. 06-1145 Defendant(s) mIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATrEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATrEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TAYLOR,JEANM. .JEAN M. TAYLOR 4 Cloud Court Mechanicsburg, P A 17050 Your house at 4 Cloud Court, Mechanicsburg, P A 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, December 06,2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $142,967.39 obtained by M&T MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. .. 06-1145 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the mOre chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 .. 06-1145 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff M&T MORTGAGE CORPORATION PO Box 840 Buffalo, NY 14240-0840 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff VS. CIVIL ACTION - LAW JEAN M. TAYLOR MARK R. TAYLOR Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE 4 Cloud Court Mechanicsburg, P A 17050 THE UNITED STATES OF AMERICA Tenn No. 06-1145 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATrEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATrEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TAYLOR.MARKR. MARK R. TAYLOR 4 Cloud Court Mechanicsburg, P A 17050 Your house at 4 Cloud Court, Mechanicsburg, P A 17050 is scheduled to be sold at Sheriffs Sale on Wednesday, December 06,2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $142,967.39 obtained by M&T MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take inunediate action: 1. The sale will be cancelled if you pay to M&T MORTGAGE CORPORATION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 06-1145 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 WRIT OF EXECUTIO.N and/or ATTACHMENT .. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1145 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T MORTGAGE CORPORATION, Plaintiff (s) From JEAN M. TAYLOR AND MARK R. TAYLOR AND '!HE lI'ITl'ED STATES OF AMERICA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $142,967.39 Interest FROM 6/1/05 TO 2/28/06 AT 7.5000% Arty's Comm % Arty Paid $144.68 Plaintiff Paid Date: AUGUST 25, 2006 L.L. $.50 Due Prothy $1.00 Other Costs (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 58 On September 11, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 4 Cloud Court, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 11,2006 By: .~. ( '.p.. \J~1~/~~ Real E~t;;2kergeant E 1'\ :Olt~ :~ .qnS ~DDllv QOOl I'. . . ') (j'I\'~;!;'JL') ,u.:j\;l'j'j:J J..' ~\.,~ . IS;'-. -l- ~"l"rliJv..,1i _:L~ : B ,j t*~j,.- Jt1,J J16~'J I.:U 0 ~ ~ ~ ; .. , SCHEDULE OF DISTRIBUTION SALE NO. 58 Date Filed: January 05, 2007 Writ No. 2006-1145 Civil Term M & T Mortgage Corporation VS Jean M. Taylor and Mark R. Taylor 4 Cloud Court Mechanicsburg, P A 17050 Sale Date: Buyer: Bid Price: December 06, 2006 Bayharbor Loan Servicing, LLC $181,000.00 Real Debt: Interest: Attorney Costs: $142,967.39 7,991.36 144.68 Total: $151,103.43 DISTRIBUTION: Receipts: Cash on account (09/11/2006): Cash on account (12/06/2006): Cash on account (12/26/2006) $ 1,500.00 18,100.00 170,995.22 Total Receipts: $190,595.22 :} , Disbursements: Sheriffs Costs Legal Search Local Transfer Tax State Transfer Tax Debra Weist, Tax Collector Attorney Joseph Goldbeck M & T Mortgage Corporation Manufacturers and Traders Trust Company (pending payoff) $4,559.43 200.00 2,137.61 2,137.61 560.29 1,500.00 151,103.43 28,396.85 Total Disbursements: ($190,595.22) 0.00 Balance for distribution: So Answers: r'~~ R. Thomas Kline Sheriff ~> ( TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECf TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACfORY EVIDENCE PERMITIING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 58 Held: Wednesday, December 6, 2006 Date: December 6, 2006 TAXES: Receipts for all taxes for the years 2003 to 2005 inclusive. Taxes for the current year 2006. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIP AL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2006, and recorded , 2006, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Mulberry Acres of Mechanicsburg, Inc., by deed dated January 30, 1987 and recorded February 2, 1987 in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book "M," Volume 32, Page 37, granted and conveyed to Mark R. Taylor and Jean M. Taylor his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Wheatfield Lane. 6. Building conditions, easements and restrictions shown on or set forth with the Plan of Mulberry Acres recorded in Plan Book 49, Page 39. 7. Building and use restrictions imposed by incident recorded in Miscellaneous Record Book 313, Page 854. 8. Mortgage in the amount of $13,000.00 given by Mark R. Taylor and Jean M. Taylor to Keystone Financial Bank, N.A. dated September 29, 2000 and recorded October 30, 2000 in Mortgage Book 1648, Page 437. 9. Mortgage in the amount of $132,500.00 given by Mark R. Taylor and Jean M. Taylor to M & T Mortgage Corporation dated August 15, 2002 and recorded August 21,2002 in Mortgage Book 1769, Page 654. Complaint in mortgage foreclosure filed by M & T Mortgage Corporation as Plaintiff against Jean M. Taylor and Mark R. Taylor and the United States of America as Defendants, in the Office of the Prothonotary of Cumberland County, on February 28, 2006 to File No. 2006-1145. Judgment entered August 25, 2006 in the amount of $142,967.39. 10. Mortgage in the amount of $136,567.51 given Mark R. Taylor and Jean M. Taylor to Manufacturers and Traders Trust Company dated September 25, 2002 and recorded October 21,2002 in Mortgage Book 1778, Page 1561. 11. Federal tax lien in the amount of $137,312.12 entered by the United States Department of Treasury as Plaintiff against Mark R. Taylor and Jean M. Taylor as Defendants, on November 28,2996 to File No. 2006-6776. 12. Judgment in the amount of $5,319.87 entered by Duron, Inc., as Plaintiff against Mark Taylor as Defendant, in the Office of the Prothonotary of Cumberland County on March 5, 2004 to File No. 2004-980. Said judgment to be a lien on the premises in the event of the death or divorce of Jean M. Taylor. 13. Judgment in the amount of $68,160.58 entered by United States Treasury Department as Plaintiff against Mark R. Taylor as Defendant, in the Office of the Prothonotary of Cumberland County on October 9,2002 to File No. 2002-4924. Said judgment to be a lien on the premises in the event of the death or divorce of Jean M. Taylor. 14. Certified copy of liens in the amount of $6,509.93 entered by The Commonwealth of Pennsylvania, Bureau of Compliance, as Plaintiff against Mark R. Taylor as Defendant, in the Office of the Prothonotary of Cumberland County on November 3, 2003 to File No. 2003-5768. Said judgment to be a lien on the premises in the event of the death or divorce of Jean M. Taylor. 15. Possible rights of Mohawk Factoring, Inc., by virtue of action in ejectment filed by Mohawk Factoring, Inc., as Plaintiff against Taylor Home Remodeling, Inc., and Mark R. Taylor as Defendants on April 12, 2004 to File No. 2004-1550. Said judgment to be a lien on the premises in the event of the death or divorce of Jean M. Taylor. Federal tax lien in the amount of $137,312.12 entered by the United States Department of Treasury as Plaintiff against Mark R. Taylor and Jean M. Taylor as Defendants, on November 28, 2996 to File No. 2006-6776. 16. Rights granted to Pennsylvania Power & Light Company by instrument recorded January 13, 1986 in Miscellaneous Record Book 313, Page 573. 17. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded March 25,1986, in Miscellaneous Record Book 315, Page 627. 18. Rights granted to Pennsylvania Power & Light Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 315, Page 629. 19. Rights granted to Scocony-Vacuum Oil Company by instrument recorded in Miscellaneous Record Book 85, Page 3. 20. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 21. Real estate taxes accruing on and after January 1,2007 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~.J, Robert G. Frey, Agent Note: This Title Report shall not be vali or inding until countersigned by an authorized signatory. . , : REAL ESTATE SALE NO. 58 Writ No. 2006-1145 Civil M&T Mortgage Corporation vs. Jean M. Taylor and Mark R Taylor Atty.: Joseph Goldbeck All that certain tract or parcel of nd and premises, situate, lying and ~ing in the Township of Silver Spring. in the County of Cumber- land and Commonwealth of Penn- sylvania. more particularly de- scribed as follows. to wit: Beginning at a point on the south- ern side of the cul-de-sac of Wheat Field Lane at the dividing line of Lots Nos. 2 and 7 on the hereinafter mentioned Plan of Lots; thence by a curve to the left having a radius of 50.00 feet, an arc length of 46.36 . feet to a point at the d1v1ding line between Lots Nos. 7 and 9 on said Plan; thence along said dividing line South 29 degrees 41 minutes 00 seconds West. 146.22 feet to a point at line of lands now or formerly of Conrail Lands North 78 degrees 19 minutes 40 seconds West, 616.59 feet to a point; thence continuing along lands now or formerly of Conrail and continuing along lands now or formerly of John C. Yorlets, North 52 degrees 24 minutes 00 seconds East, 294.31 feet to a point; thence continuing along same North 29 degrees 23 minutes 00 seconds East, 85.40 feet to a point at the dividing line between Lots Nos. 1 and 7 on said Plan; thence along said dividing line and along line of Lot No.2 South 60 degrees 19 min- utes 00 seconds East, 433. 17 feet to a point on the southern side of the cul-de-sac of Wheat Field Lane, being the point and place of begin- ning. Being Lot No.7, being known as the Plan of Mulberry Acres, as shown on said Plan of Lots prepared by H. Edward Black and Associates and recorded in the Office of the Recorder of Deeds in and for Cum- berland County, Pennsylvania. in Plan Book 49. Page 39. TAX PARCEL #: 38-22-0146-060. PROPERTY ADDRESS: 4 CLOUD COURT, MECHANICS- BURG, PA 17050. 8 I : I! \j I Z J30 %Ol ,i, .' . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #58 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is ,exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 N01 IAL SEAl LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO, 58 Writ No. 2006-1145 Civil M&T Mortgage Corporation vs. Jean M. Taylor and Mark R. Taylor Atty.: Joseph Goldbeck All that certain tract or parcel of land and premises. situate, lying and being in the Township of Silver Spring. in the County of Cumber- land and Commonwealth of Penn- sylvania. more particularly de- scribed as follows, to wit: Beginning at a point on the south- ern side of the cul-de-sac of Wheat Field Lane at the dividing line of Lots Nos. 2 and 7 on the hereinafter mentioned Plan of Lots; thence by a curve to the left having a radius of 50.00 feet. an arc length of 46.36 feet to a point at the dividing line between Lots Nos. 7 and 9 on said Plan: thence along said dividing line South 29 degrees 41 minutes 00 seconds West. 146.22 feet to a point at line of lands now or formerly of Conrail Lands North 78 degrees 19 minutes 40 seconds West, 616.59 feet to a point; thence continuing along lands now or formerly of Conrail and continuing along lands now or formerly of John C. Yorlets, North 52 degrees 24 minutes 00 seconds East. 294.31 feet to a point; thence continuing along same North 29 degrees 23 minutes 00 seconds East. 85.40 feet to a point at the dividing line between Lots Nos. 1 and 7 on said Plan; thence along said dividing line and along line of Lot No.2 South 60 degrees 19 min- utes 00 seconds East. 433.17 feet to a point on the southern side of the cul-de-sac of Wheat Field Lane. being the point and place of begin- ning. Being Lot No.7, being known as the Plan of Mulberry Acres, as shown on said Plan of Lots prepared by H. Edward Black and Associates and recorded in the Office of the Recorder of Deeds in and for Cum- berland County. Pennsylvania, in Plan Book 49. Page 39. TAX PARCEL #: 38-22-0146-060. PROPERTY ADDRESS: 4 CLOUD COURT. MECHANICS- 'lURG, PA 17050. "