HomeMy WebLinkAbout02-1340Spear & Hoffman, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
Attorney I.D. No. 80057
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No.: 9678863
MANUFACTURERS AND TRADERS TRUST
COMPANY, SUCCESSOR BY MERGER WITH
KEYSTONE FINANCIAL BANK N.A.,
SUCCESSOR IN INTEREST TO KEYSTONE
NATIONAL BANK, N.A. ALSO KNOWN AS
KEYSTONE FINANCIAL MORTGAGE
ONE FOUNTAIN PLAZA
BUFFALO, NY 14203
PLAINTIFF,
VS.
RAY A. SHUTT AND'
ELEANOR M. SHUTT
19 KITSZEL DRIVE
CARLISLE, PA 17013
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
OOCKET NO. 0g -' 13 qO
COMPLAINT - CIVIL ACTION
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you
must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and
a judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17103
(717) 249-3166
AVISO
Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la
notification. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la
torte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea
avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra
suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere
que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus
propiedades o otros dereches importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO T1ENE ABOGADO O SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGU1R ASISTENCIAL LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17103
(717) 249-3 ! 66
Spear & Hoffman, P.A.
BY: THOMAS J. HORNBECK, ESQUIRE
Attorney I.D. No. 80057
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No.: 9678863
MANUFACTURERS AND TRADERS TRUST
COMPANY, SUCCESSOR BY MERGER WITH
KEYSTONE FINANCIAL BANK N.A.,
SUCCESSOR IN INTEREST TO KEYSTONE
NATIONAL BANK, N.A. ALSO KNOWN AS
KEYSTONE FINANCIAL MORTGAGE
ONE FOUNTAIN PLAZA
BUFFALO, NY 14203
PLAINTIFF,
VS.
RAY A. SHUTT AND
ELEANOR M. SHUTT
19 KITSZEL DRIVE
CARLISLE, PA 17013
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is MANUFACTURERS AND TRADERS TRUST COMPANY, SUCCESSOR
BY MERGER WITH KEYSTONE FINANCIAL BANK N.A., SUCCESSOR IN INTEREST TO
KEYSTONE NATIONAL BANK, N.A. ALSO KNOWN AS KEYSTONE FINANCIAL MORTGAGE,
with its principal place of business located at ONE FOUNTAIN PLAZA, BUFFALO, NY 14203.
2. The names and last known addresses of the Defendants are: RAY A. SHUTT AND
ELEANOR M. SHUTT,'19 KITSZEL DRIVE, CARLISLE, PA 17013.
3. The interest of each individual Defendant is as mortgagor, real owner of the real property
subject to the mortgage described below, or both.
4. On or about MAY 22, 1998, Mortgagors made, executed and delivered a Mortgage upon
the premises hereinafter described to KEYSTONE NATIONAL BANK, N.A. DOING BUSINESS AS
KEYSTONE FINANCIAL MORTGAGE, which Mortgage is recorded as follows:
Office of the Redorder of Deeds in and for CUMBERLAND COUNTY
DATE OF MORTGAGE: MAY 22, 1998
DATE RECORDED: MAY 28, 1998
BOOK: 1456 PAGE: 260
The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g).
A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by
reference.
5. On or about MAY 22, 1998, in consideration of their indebtedness to KEYSTONE
NATIONAL BANK, N.A. DOING BUSINESS AS KEYSTONE FINANCIAL MORTGAGE, RAY A.
SHUTT AND ELEANOR M. SHUTT made, executed and delivered to KEYSTONE NATIONAL
BANK, N.A. DOING BUSINESS AS KEYSTONE FINANCIAL MORTGAGE their promissory Note in
the original principal amount of $138,500.00. A copy Of said Note is attached hereto as Exhibit "B" and
incorporated herein by reference. The Note is referenced herein only insofar as the terms of the Note are
incorporated into the Mortgage.
6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original
Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the
Mortgage by virtue of the following assignments:
ASSIGNOR: N/A
ASSIGNEE: N/A
DATE OF ASSIGNMENT: N/A
RECORDING DATE: N/A
BOOK: N/A PAGE: N/A
7. The Mortgage is secured by property located at 19 KITSZEL DRIVE
CARLISLE, PA 17013, which is more particularly described in the legal description attached hereto as
Exhibit "C" and incorporated herein by reference.
8. The Mortgage is in default because the monthly installments of principal and interest and
other charges stated below, all as authorized by the Mortgage, due OCTOBER 1, 2001 and monthly
thereafter are due and have not been paid, whereby the whole balance of principal and ali interest due
thereon have become immediately due and payable forthwith together with late charges, escrow deficit
(if any), and costs of collection including title search fees and reasonable attorney's fees.
9. The following amounts are due on the Mortgage:
Principal Balance
8.5% interest from SEPTEMBER 1, 2001 to
MARCH 8, 2002 at $31.38 per day
Acerned Late Charges
Escrow Advances made by Plaintiff
Inspections
$134,746.14
NSF Charges
Brokers Price Opinion
Attorney's Fees
TOTAL AMOUNT DUE
$6,432.90
$882.45
$4,541.24
$158.00
$2O.00
$200.00
$6~432.90
$153~143.63
Interest continues to accrue at the per diem rate of $31.38 for every day after MARCH 8, 2002
that the debt remains unpaid.
10. During the course of this litigation costs may continue to accrue, including but not
limited to escrow advances, late charges, attorney's fees, etc.
11. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore,
Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable.
12. Pursuant to the notice provisions of Act 91, 35 P.S. § 1680.403(c), notice was sent to
Defendants, dated DECEMBER 21, 2001. Copies of the notices to the defendants are attached as Exhibit
"D". Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies
listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or
have been denied assistance from the Pennsylvania Housing Finance Agency.
13. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "E".
WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of
Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9,
together with interest accruing after MARCH 8, 2002 to the date of Judgment, plus 6% legal rate of
interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any
money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges
for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in
paragraph 10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and
for foreclosure and sale of the Mortgaged property.
SPEAR & HOFFMAN, P.A.
THQ~I~I~ECK, ESQUIRE
VERIFICATION
The undersigned hereby states that he/she is an authorized officer, representative or agent
for Plaintiff in this action and that he/she is authorized to make this Verification on behalf of
Plaintiff, and that the facts set forth in the foregoing Complaint are taken from records maintained
by persons supcrv/sed by the undersigned who maintain the business records of the Mortgage
held by Plaintiff in the ordinary course of business and that those facts are tree and correct to the
best of his/her knowledge, information and belief.
THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
Date:
N~me: Debra ~-~l~f~o ~
Company: Manufacturers & Traders
Trust Company Title: Vice President
Exhibit 'M "
[Spate Above This Line For Recording Data]
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on MAY 22nd
1998 . The mortgagor is RAY A SHUTT, and ELEANOR M SHUTT, Husband and Wife
('Borrower"). This Security Instrument is given to
KEYSTONE FINANCIAL MORTGAGE* , which is organized and existing
under the laws of UNITED STATES OF AMERICA , and whose address is
2270 ERIN COURT P.O. BOX 7628 , LANCASTER, PA 17604-7628 ("Lender").
Borcowsr owes Lender the principal sam of
ONE HUNDRED THIRTY-EIGHT THOUSAND FIVE IqUNDRED AND NO/lO0
Dollars (U.S. $ 138,500. O0 ). This debt is evidenced by Borrower's note
dated the same date as this Security Instrument ('Note"), which provides for monthly payments, with the full debt, if not
paid earlier, due and payable on JUNE lnt, 2028 . This Security Instrument secures to
Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all reueweh, extensions and
modifications of the Note; (b) the payment of all other sams, with interest, advanced ~nder paragraph 7 to protect the
security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note*For this purpose, Borrower does hereby mortgage, grant and convey to Lender the
following described property located in CUMBERLAND County, Pennsylvania:
'SEE ATTACHED LEGAL DESCRIPTION'
CARLISLE ,
which has the address of 19 KITSZEL DR ,
[Streetl [CiV/I
Pennsylvania 17013-9242 ("Property Address");
[Zip code]
TOGETHER WITH all the improvements now or bereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the 'Property."
BORROWER COVENANTS that Borrower is lawfully seined of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against aH claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Princiiml and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shah pay
to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ('Funds") for: (a)
yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly
leasehold payments or ground rents on the Property, if any;, (c) yearly b~?ard or property insurance premiums; (d)
yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by
Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance
premiums. These items are called "Escrow Items.' Lender may, at any time, collect and hold Funds in an amount not to
exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account
under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601
et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time,
collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due
on the basis of current data and reasonable estimates of expenditu~'es of f~turu Escrow Items or otherwise in
accordance with applicable law. Loan ID: 00064523
PENNSYLVANIA single Family*Fannie Mae/Freddie Mae UNIFOR~ ~Nb'I~UlVIENT rom 30~9 9/90 (page I of Spage:O
ALE PA02 2/91 ~
*KEYSTONE NATIONAL BANK IS A NATIONAL BANKING ASSOCIATION TRADING AND DOING
The Funds shall be held in an institution whose deposits are iz~ured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Hume Loan Bank. Lender shall apply the Funds to
pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, aunuaky analyzing the
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. However, Lender may require Borrower to pay a one-time charge for an
independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides
otherwise; Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to
pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing
credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as
additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held
by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing,
and, in such case Borrower shall pay to Lender the amount necessary to make up the defidancy. Borrower shall make
up the deficiency in no more than twelve monthly payments, at Lender's sole discretion.
Upon payment in full of ak sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the
acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit
against the sums secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, ak payments received by Lender under
paragraphs ! and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable
under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay ak taxes, assessments, charges, fines and impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any.
Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower
shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of
amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish
to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in
good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion
operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to
Lender subordinating the llen to this Security Instrument. If Lender determines that any part of the Property is subject
to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice idanfif~ing the lien.
Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term ~extended coverage' and any other hazards,
including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts
and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower
subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described
above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with
paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to bold the policies and renewals. If Lender requires, Borrower shall promptly give to
Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the
insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or
repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not
lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secaired by this Security Instrument, whether or not then due, with any excess paid
to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the
insurance cartier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the
proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due.
The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the
payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and
proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums
secured by this Security Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property;, Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days
after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent
shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's consol.
Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the
Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in
Lender's good faith judgment could result in forfeiture of the Property or othenvlse materially impair the lien created
by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in
paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith
determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien
created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during
the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to
provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not
limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security
Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to
the Property, the leasehold and the fee rifle shall not merge unless Lender agrees to the merger in writing.
Form ~9 9/90 (page2ofSpages)
^'~^~/~'~ BOuKt4~J6FAG[. 26f Lot~ ~3:0006z+~23
7. Protection of Lender's Rights in thel)roperty. If Borrower falls to perform the covenants and agreements
contained in this Security Instrument, or there is a legal proceeding that may siguificamly affect Lender's rights ia the
Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or
regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's
rights in the Property. Lender's actions may include paying any sums secured by a llen which has priority over this
Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs.
Although Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by
this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear
interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to
Borrower requesting payment.
8. Morf~o~e Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance ia effect. If, for any
reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost
substantially equivalent to the co~t to Borrower of the mortgage insurance previously in effect, from an alternate
mortgage insurer approved by Leader. If substantially equivalent mortgage insurance coverage is not available,
Borrower shall pay to Lender each month a sam equal to one-twelfth of the yearly mortgage insurance premium being
paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these
payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the
option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by
aa insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to
maintain mortgage insurance ia effect, or to provide a loss reserve, until the requirement for mortgage insurance ends
in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender
shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance ia lieu of condemnation, are hereby
assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property
in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of
the sams secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise
agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the takinE, divided by
Co) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the
event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is
less than the amount of the sums secured immediately before the talrlng~ unless Borrower and Lender otherwise agree
in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security
Instrument whether or not the sams are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to
make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the
notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the
Property or to the sams secured by this Security Instrument, whether or not then due.
Uuiess Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such
payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sams secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in
interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to e~aad
time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any
demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender ia exercising
any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability;, Co-signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Leader and Borrower, subject to the provisions
of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this
Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant
and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally
obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may
agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or
the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets ma~mum loan
charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in
connection 3kith the loan exceed the permitted 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 sams already collected from Borrower which
exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the
principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction
will be treated as a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by
first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any
notice provided for ia this Security Instrument shall be deemed to have been given to Borrower or Lender when given
as provided in this paragraph.
Form 3039 9/90 (page3of5pages)
A,~O~/~,~ .~O~14~Gt'AGE. 262 T~O~ ~: 000~z, 523
15. Governing Law;, Severabillty. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and
the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest
in it is sold or transferred (or if a banefic'ml interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by
federal law aa of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. Thc notice shall provide a
period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums
secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender
may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's R/cbt to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other
period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale
contained in this Security Instrument; or (b) entry of a judgment enforeing this Security Instrument. Those conditions
are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if
no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred
in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action
as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and
Borrow6r's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon
reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fury effective as if
no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under
paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the
entity (known as the 'Loan Servicer') that collects monthly payments due under the Note and this Security Instrument.
There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the
Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and
applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments
should be made. The notice will also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of
any Hazardous Substances un or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,
use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be
appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or
regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, ~Hazardons Substances' are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum
products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
radioactive materials. As used in this paragraph 20, ~Envirunmental Law" means federal laws and laws of thc
jurisdiction where the Property is located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to aceelerotion following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acealeratian under paragraph 17
unless applicable law provides otherwise). Lender shall nofif~ Borrower of, among other things: (a) the default; (b)
the action required to cure the default; (c) when the defanR must I~ cured; and (d) that failure to care the default ns
specified may result in accelerutlun of the sums secured by this Security lnstrament, foreclosure by judicial
proceeding and sale of the Property. Lender shah further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a defanR or any other defense of Borrower to
acceleration and foreclosure. If the default is not cured as sgecified, Lender at its option may require immediate
payment in full of all sums secured by this Security Instromant without further demand and may foreclose this
Security Instrament by judicial preceeding. Lender shall I~ entitled to collert all expenses incurred in pursuing the
remedies provided in this paragraph 21, including, but not limited to, atl~rneys' fees and costs of title evidence to the
extent permitted by applicable law.
22. Release. Upon payment of aH 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 Securi~
Instrument without charge to Borrower. Borrower shall pay any recordation costs.
23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in
proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing
for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 1.8 shall extend to one hour prior to
the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to
acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
3039 9/9o (page 4 ofS pages)
L0b. Iq ID: 0006~523
26. Interest Rate After Judgment. 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 rate payable from time to time under the Note.
27. Rider~ to this Security Instrument. ff one or more riders are executed by Borrower and recorded together
with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall
amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this
Security Instrument. [Check applicable box(es)]
[] Adjustable Rate Rider [] Condominium Rider
[] 1-4 Family Rider
[] Graduated Payment Rider [] Planned Unit Development Rider [] Biweekly Payment Rider
[] Balloon Rider
[] Rate Improvement Rider
[] Second Home Rider
[] other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
Witnesses:
RAY A ,~YrT -Borrower
(Seal)
ELEANOR M S~- -Bo~ower
(Seal)
-Borrower
(Scab
-Borrower
[Slme~ B~Io~ This l~ne For Aelmowl~d~ment]
COMMONWEALTH OF PE~V~ ~r ~ Cou.~ ,,:
Onthis, tbe ~ng dayof ~ tqq~ ,~foreme, V~.4~ ~'~
~e ~dersi~ed o~r, ~r~y appe~ed
kno~ to me (or satisfa~ofily pro.n) to be ~e ~rson(s) whose n~e(s) is/~e subs~d to ~e ~t~ inst~ent
and ac~owledged ~at he/sbe/they exerted the ~e for the purposes hare~ conta~ed.
IN WITNESS WHEREOF, 1 hereunto set my hand and official seal.
My Commission expires: (j_J~//t._
lShlppensDurg t~oro, Cl.lmlNlilarld
[ My Commissio,~ Expires Apr. 16,
Title of Oflicer
LOAN ID: 00064523
CERTIFICATE OF RESIDENCE
I, MARGE BILINSKI , DO HEREBY CERTIFY THAT THE CORRECT
ADDRESS OF TIlE V~TrHIN N/LMED LENDER IS KEYSTONE FINANCIAL MORTGAGE
2270 ERIN COURT P.O. BOX 7628, LANCASTER, PA 17604-7628.
WitncssmyhandthJs 22nd dayof MAY
Agent of Lende~
, 1998
LOAN ID: 00064523
ALL THAT CERTAIN lot or parcel of land, situate in South
Middletcn Township, Cumberland County, Pennsylvania, more
particularly bounded and described as follows:
BEGINNING at a point on the easterly line of Kitszell
Drive, which said point is more particularly located at
' the intersection of the easterly line Of Kitszell Drive
and the dividing line between Lots Nos. 9 and 10 on the
,,Final LLand Development Plan for the Mayapple Village
Wexford Patio Unit Lots"; THENCE along e curve ts the
left having a radius of 107.99 feet, an arc distance of
48.52 feet along a chord bearing of North O0 degrees, 24
minutes, 28 seconds West, a chord length of 48.12 feet to
a point on the easterly line of Kitszell Drive and along
the dividing line between Lots Nos. 8 and 9; THENCE from
said point North 76 ~egrees, 43 minutes, 30 seconds East,
a distance of 121.02 feet to a point on the property line
of other lands of Mayapple Village and along the dividing
line between Lots Nos. 8 and 9; TRENCE from said point
South 15 degrees, 02 minutes,.5$ seconds East, a distance
of 36.45 feet to an iron pin on the property line of
other lands of Mayapple Village; THENCE from said iron
pin South 06 degrees, 29 minutes, 28 seconds West, a
distance of 67.52 feet to a point on the property line of
other lands of Mayapple village and along the dividing
line of Lots Nos. 9 and 10; THENCE from said point North
77 degrees, 31 minutes, 49 seconds West s distance of
122.16 feet to a point and place of BEGINNING.
containing 0.2130 sores.
BEING Lot No. 9 on the Plan known as "Final Land'
Development plan for the Mayapple village Wexford Patio
ors' ureparsd by Statler-Brehm, Engineering and
unit L ..... ~- 6 1990 and recorded in
plann g - - der of Deeds of Cumberland county,
the office of the Kecor
pennsylvania in Book 61, Page 104.
ALSO UNDER AND SUBJECT to the restrictions as more
particularly set forth in the Declaration of Covenants
and Restrictions dated June 16, 1989, made by 539
DeVelopment Company, and recorded in the office cf the~
Recorder of Deeds of Cumberland County, pennsylvania on~
989 in Misc. Bock 365, page 566, end in the'~
June 16, I , ......... e. and Restrictions~'
dated October 16, 1989 made by 539 Development Company,
recorded on October 16, 1989 in Misc. Book 370, page 720,,
and in the Amended Supplemental Declaration of Covenants
and Restrictions dated October 17, 1990, made by 5~9
t Company, recorded on October 25, 1990 in
reservations, setback
BEII~ the same premises conveyed by the Corporation
the name. style end title of 539 Development
~om;any by deed dated July 2~, 1993 and =ecorded
in Cumbe~land'C°unty in Deed Book K, ¥olume 36,
Page 761, untO Ray A. Shutt and Eleanor M. Shutt,
the Mo~t~a$ors herein.
266 ~
PL~,NNED UNIT DEVELOPMENT RIDF. R
THIS PLANNED UN1T DEVELOPMENT RIDER is made this 22nd day of I~Y ,1998
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed
(thc "Security Instrument") of the same date, given by the undersigned (the "Borrower') to secure Borrower's Note to
KEYSTONE FINANCIAL MORTGAGE* (the "Lender")
of the same date and covering the Property described in the Security Instrument and located at:
1_9 KITSZEL DR, CARLISLE, PA 1_701_3-92/42
The Property includes, but is not limited to, a parcel of land improved with a dwelling together with other such parcels
and certain common areas and fac'dities, as described in
See Attached Legal Description
(the "Declaration'). The Property is a part of a planned unit development known as
MAYAPPLE VILLAGE
(the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning
or managing the common areas and facilities of the PUD (the 'Owners Association") and the uses, benefits and proceeds
of Borrower's interest.
PUD Covenants. In addition to the covenants and agreements made in the Security Instrument, Borrower and
Lender further covenant and agree as follows:
A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent
Documents. The 'Constituent Documents' are the: (1) Dedaratiun; (ii) articles of incorporation, trust instrument or any
equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the
Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the
Constituent Documents.
B. Hazard Insurunce~ So long as the Owners Association maintains, with a generally accepted insurance carrier,
a "master" or "blanket' policy insuring the Property which is satisfactory to Lender and which provides insurance coverage
in the amounts, for the periods, and against the hazards Lender requires, indudlng fire and hazards included within the
term "extended coverage," then:
(i) Lender waives the provision in Uniform Covenant 2 for the monthly payment to Lender ofene-twelth
of the yearly premium installments for hazard insurance on the Property;, and
(ii) Borrower's obligation under Uniform Covenant 5 to maintain hazard insurance coverage on the Property
is deemed satisfied to the extent that the required coverage is is provided by the Owners Association policy.
Borrower shall give Lender prompt notice of any lapse in required hazard insurance coverage provided by the
master or blanket policy.
In the event of a distribution of hazard iusurance proceeds in lieu of restoration or repair following a loss to the
Property or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall
be paid to Lender. Lender shall apply the proceeds to the sams secured by the Security Instrument, with any excess paid
to Borrower.
C. Public Liability lnsunmce. Borrower shall take such actions as may be reasonable to insure that the Owners
Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender.
D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower
in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities
of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such
proceeds shall be applied by Lender to the sams secured by the Security Instrument as provided in Uniform Covenant 9.
E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written
consent, either partition or subdivide the Property or consent to:
(i) the abandonment or termination of the PUD, except for abandonment or termination required by law in
the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain;
· (ii) any amendment to any provision of the 'Constituent Documents" if the provision is for the express benefit
of Lender;
(iii) termination of professional management and assumption of self-management of the Ownem Association;
or
(iv) any action which would have the effect of rendering the public liability insurance coverage maintained by
the Owners Association unacceptable to Lender.
F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any
amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security
Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower
requesting payment.
BY SIGNING BELOWi Borrower accepts and agrec~/)o the terms an ..... UD Rider.
;:j,, rjf'gumber!andj oo ~?f../'['4'/4Z~-~ /P /. .~.?/'./e'.~ (Seal)
,, 4°6 irC*he off ce for the reCOrding ~t Demt$ ELF~'IOP- M SHUTT c
, ;.; '"~;~I',~ fo~10ua~erland CountY,~l~.>
?~i. ti~od~t.)[a~f?.-- paa~-~...~.~ ,., , (Seal)
.yKYKTOM~0N/I~r BANK IS A NATIONAL BANKING ASSOCIATION TRADING AND
Exhibit "B "
NOTE
MAY 22 ,19 98
19 KITSZEL DR , CARLISLE, PA 17013-9242
[P~'operty Address]
CARLISLE PENNSYLVANIA
[Sm~e]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 138,500.00 (this amount is called
'principal'), plus interest, to the order of the Lender. The Lender is KEYSTONE FINANCIAL MORTGAGE*
· I understand
that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to
receive payments under this Note is called the 'Note Holder.'
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest
at a yearly rate of 8. 500 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in
Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month.
I will make my monthly payments on thc is t day of each month begiBnln~ on JULY 1 s t ,
19 98 . I will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on
JUNE ls t , 2028 , I still owe amounts under this Note, I will pay those amounts in full on that date,
which is called the 'maturity date.'
I wlil make my monthly payment at 2270 ERIN COURT P.O. BOX 7628
LANCASTER, PA 17604- 7628 or at a differen~ place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly paymunt wiil be jn the amount of U.S. $ 1,064.95
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only is
known as a 'prepayment.' When I make a prepayment, I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder
will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment,
there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing
to those chan~es.
5. LOAN CHARGES
If a law, which applies to this loan and which sets ma:dmum loan charges, is finally interpreted so that the interest
or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already
collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this
refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal,
the reduction will be treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 (Fi fteen~caiendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the ~harge will be 5. 000 % of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount
by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid
and all of the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is
delivered or mailed to me.
(D) No Waiver by Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so ifI am in default at a later time.
(E) payment of Note Hnlder's Costs und Expenses
If the Note Holder has required me to pay immediately ia full as described above, the N~te Holder will have the
right to be paid back by me for all of its costs and expenses in enforcing this Note to the e~ent not prohibited by applicable
law. Those expenses include, for example, reasonable attorneys' fees.
7. GMNG OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I
give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to
the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
*KEYSTONE NATIONAL BANK IS A NATIONAL BANKING ASSOCIATION TRADING AND DOING
BUSINESS AS KEYSTONE FINANCIAL MORTGAGE.
MULTISTATE FIXED RATE NOTE -- Single Family -- FNMA / FHLMC UNIFORM INSTRUMENT Fm'm 3200 12/~3
A200 LOAN ID: 00064523
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person ia fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is guarantor, surety or endorser
of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations
of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enforce its fights under this Note against each person individually or against all of us together. This means
that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
1 and any other person who has obligations under this Note waive the fights of presentment and notice of dishonor.
"Presentment' means the right to require the Note Holder to demand payment of amounts due. 'Notice of dishonor'
means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given
to the Note Holder under this Note, a Mortgage, Deed of Trust or Trust or Security Deed (the "Security Instrument"),
dated the same date ns this Note, protects the Note Holder from possible losses which might result d I do not keep the
promises which I make in this Note. That Security Instrument describes how and under what conditions I may be
required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are
described aa follows:
~'ansfer of the Property or a Baneficial Inter~st in Borrower. If all or any part of the Property or
any interest in it is sold or transferred (or if a beneficial interest in Borrower ia sold or transferred and
Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option,
require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security
Instrument.
If Lender exercises the option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is delivered or mailed within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior
to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
ELEANOR M SHUTT
(Seal)
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
[Sign Original Only]
Exhibit "C"
ALL THAT CERTAIN lot or parcel of land, situate in South
Middleton Town'hip, Cumberland County, Pennsylvania, more
particularly bounded and described as follows:
BEGINNING at a point on the easterly line of Kitszell
Drive, which said point is more particularly located at
the intersection of the easterly line of Kitszell Drive
and the dividing line between Lots Nos. 9 end 10 on the
,,F~nal~Land Development Plan for the Mayapple Village
Wexford Patio unit Lots"; THENCE along e curve to the
left having a radius of 107.99 feet, an arc distance of
48.52 feet along a chord bearing of North 00 degrees, 24
minutes, 28 seconds West, a chord length of 48.12 feet to
a point on the easterly line of Kitszell Drive and along
the dividing line between Lots Nos. 8 and 9; THENCE from
said point North 76 degrees, 43 minutes, 30 seconds East,
a distance of 121.02 feet to a point on the property line
of other lands of Mayapple Village and along the dividing
line between Lots Nos. 8 and 9; THENCE from said point
South 15 degrees, 02 minutes, 56 seconds East, a distance
of 36.45 feet to an iron pin on the property line of
other lands of Mayapple Village; THENCE from said iron
pin South 06 degrees, 29 minutes, 28 seconds West, a
distance of 67.52 feet to a point on the property line of
other lands of Mayapple Village and along the.dividing
line of Lots Nos. 9 and 10; THENCE from said point North
77 degrees, 31 minutes, 49 seconds West a distance of
122.16 feet to a point and place of BEGINNING.
Containing 0.2130 acres.
BEING Lot No. 9 on the Plan known as "Final Land~'!
Development plan for the Mayapple Village Wexford Patio
Unit Lots" prepared by Statler-Brehm, Engineering and
planning Consultants, dated July 6, 1990, and recorded in
the office of the Recorder of Deeds of Cumberland County,
Pennsylvania in Book 61, Page 104.
ALSO UNDER AND SUBJECT to the restrictions as more
particularly set forth in the Declaration of Covenants
and Restrictions dated June 16, 1989, made by 539
Development Company, and recorded in the office of ths~
Recorder of Deeds of Cumberland County, pennsylvania on~
June 16, 1989, in Misc. Book 365, Page 566,and in the,~
Supplemental Declaration of Covenants and Restri¢~ions~
dated October 16, 1989 made by 539 Development Company
recorded on October 16, 1989 in Misc. Book 370, Page 720,!
and in the Amended supplemental Declaration of Covenants
and Restrictions dated October 17, 1990, made by 539
Development Company, recorded on October 25, 1990 in
Misc. Book 388, page 1089 and to all other restrictions,
reservations, setback lines and rights-of-waY of record.
BEING the same premises conveyed by the CorporatiOn
by the name, style and title of 539 Devsl°pment
Company by deed dated July 22, 1993 and ~aco~ded
in cumberland'County in Died Book K, Volume 36,
paSa 761, unto l~y A. Shutt and ileano~ M. Shutt,
the Mortgagors herein.
266
Exhibit "D"
orporat on" ...... '
1-800-724-1633
December 21, 2001
Ray A Shutt
19 Kitszel Dr
Carlisle, PA 17013-9242
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
CURRENT LENDER/SERVICER:
Ray A Shutt
Eleanor M Shutt
19 Kitszel Dr
Carlisle, PA 17013-9242
9678863
M&T Mortgage Corporation
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE 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 TItF~ PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE 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 REQUIREMENTS ESTABLISItED
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 from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the
end of this Notice. THIS MEETING MUST OCCUR WITHIN 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 UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit
counseling agency 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 counW in which the property is located are set forth at the end of this
tq&T Igortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840
1-800-724-1833
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, 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 li~ted 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 (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO
NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TI:lIS 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 sixty (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: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, T~ FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED 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:
19 Kitszel Dr
Carlisle, PA 17013-9242
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 $1,064.95 for the months of
10/01/2001 through today's date: $3,194.85
Other charges: Accrued late charges: $1,255.00
Accrued other fees: $110.00
TOTAL AMOUNT PAST DUE: $4,559.85
HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
M&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840
1-800-724-1633
$4,559.85, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check,
certified check or money order made payable and sent to:
M&T Mortgage Corporation
One Fountain Plaza / 7th Floor
Attn: Payment Processing
Buffalo, NY 14203
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this
letter:
IF YOU DO NOT CURE TIlE 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. This
means that the entire outstanding balance of this debt will be 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
foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriffto
pay offthe 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 will 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.
OTI~R LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SlrFERIEF'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 Sheriffs 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 sale and any other costs connected with the Sheriffs 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.
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 mouths from the date
of this Notice. A notice of the actual date of the Sheriffs 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 by contacting the lender.
HOW TO CONTACT TIlE LENDER:
Name of Lender: M&T Mortgage Corporation
Address: P.O. Box 840
Buffalo, NY 14240
Phone Number: (800) 724-1633
M&T Mortgage Corporation · Correspondence. P.O. Box 840, Buffalo, New York 14240-0840
1-800-724-1633
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the 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 __ may or × may not sell or transfer Your home to a buyer
or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and
attomey'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 RIGHT:
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 CUR.ED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF 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 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,
Evelyn Wilson
Eric: Act 91 Notice
Consumer Credit Counseling Agencies Serving Your County
M&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840
Corporation
1-800-724-1633
Date: December 21, 2001
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default~ and the lender
intends to foreclose. Specific information about the nature of the default is provided in
the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be
able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE.
Take this Notice with you when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies
serving your CounW are listed at the end of this Notice. If you have any questions, you
may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons
with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain
it. You may also want to contact an attorney in your area. The local bar association
may be able to help you find a lawyer.
LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAlVIAN-DO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOV~NER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL
DERECHO A REDIMIR SU HIPOTECA.
M&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840
Counseling Agencies in Cumberland C, ounty
LOAN NUMBER 9678863
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717) 334-1518
CCCS of Western PA
2000 Linglestown Road
Han'isburg, PA 17102
(717) 541-1757
Community Action Commission of
Captial Region
1514 Deny Street
Harrisburg, PA 17104
(717) 232-9757
Financial Counseling Services of
Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
(717) 232-2207
Urban League of Metropolitan Hbg
2107 N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
Exhibit "E"
NOTICE REQUIRED BY THE FAIR DEBT COLLECTION
PRACTICES ACT, (the Act'} 15 U.S.C. SECTION 1601 AS AMENDED
1. This law finn may be deemed a "debt COllector" under the Fair Debt Collection
Practices Act. Andy and all information obtained during the prosecution of this lawsuit may be
used for the purpose of collecting the debt.
2. The an~ount of the debt is stated in paragraph 9 of the Complaint.
3. The Plaintiff as named in the Complaint is the creditor to whom the debt is owed,
or is servicing agent for the creditor to whom the debt is owed. The m~dersigned attorney
represents the interests of the Plaintiff.
4. The debt described in the Complaint, evidenced by the copy of the mortgage note
attached hereto, will be assumed to be valid by the creditor's law finn unless the debtor, within
thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some
portion thereof.
5. If the debtor notifies the creditor's law finn in writing within thirty (30) days of
the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm
will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by
the creditor's law firm.
6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and
if the debtor makes a written request to the creditor's law firm within the thirty (30) days fi.om the
receipt of this notice, the name and address of the original creditor will be mailed to the debtor by
the creditor's law firm.
7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North
Kings Highway, Suite 210, Cherry Hill, NJ 08034.
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01340 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURES AND TRADERS TRUST
VS
SHUTT RAY A ET AL
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
SHUTT RAY A the
DEFENDANT , at 2113:00 HOURS, on the 20th day of March
at 19 KITSZEL DRIVE
CARLISLE, PA 17013 by handing to
ELEANOR M. SHUTT
a true and attested copy of COMPLAINT - MORT FORE
, 2002
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this 22~_ day of
~~ ~ A.D.
/ ; Prothonotary '~ '
So Answers:
R. Thomas Kline
03/21/2002
SPEAR & HOFFMAN
By: i~~~e.r i~f/~f,~__x J
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01340 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURES AND TRADERS TRUST
VS
SHUTT R3tY A ET AL
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
SHUTT ELEANOR M the
DEFENDANT
, at 2113:00 HOURS, on the 20th day of March , 2002
at 19 KITSZEL DRIVE
CARLISLE, PA 17013
by handing to
ELEANOR M. SHUTT
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 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this 22~_ day of
~ ~f~p ~2~ A.D.
/ ; ~rothonota~y' '
So Answers:
R. Thomas Kline
03/21/2002
SPEAR & HOFFMAN
By: Deput ~Sh~er ~~ ~~
MANUFACTURERS AND TRADERS
TRUST COMPANY
Plaintiff
Vs.
RAY A. SHUTT and
ELIZABETH SHUTT
Defendant
: IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2002-1340 CIVILTERM
MORTGAGE FORECLOSURE
ANSWER
The Defendants, through their attorney, respond to the Plaintiff's Complaint as follows:
1 thru 7 Admitted
8. The Defendants made a good faith effort to pay the mortgage and attempted to
enter into a repayment plan with the Plaintiff. The Plaintiff refused to negotiate and
returned the checks that were tendered. The Defendants dispute that the entire
balance is due and dispute the payment of Plaintiff's attorney fees.
9. The Defendants' dispute that the entire balance is due, the accrued late charges,
inspections, NSF fee and the attorney's fee.
10. The Defendants intend to file for a Chapter 13 bankruptcy for protection from
foreclosure and to fome a repayment plan on the Plaintiff.
11. Denied
12. The Plaintiff refused to negotiate with the Defendants.
13. No response required.
Wherefore, The Defendants' respectfully request that the Complaint be dismissed.
Date:
Respectfully submitted,
Robert L. O'Brien, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, PA 17013
(717) 249-6873
unswom ~ ~ aulb3fles.
Pay A Shu~