HomeMy WebLinkAbout02-2902Spear & Hoffman, P.A.
BY: BONNIE DAHL, ESQUIRE
Attorney I.D. No. 79294
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755~1560, Attorney for Plaintiff, Loan No.: 9727728
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK, NA
ONE FOUNTAIN PLAZA
6TM FLOOR
BUFFALO, NY 14203
PLAINTIFF,
VS.
BETTY JO CALLICH
612 MOUNTAIN ROAD
NEWVILLE, PA 17241
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. ~,,~ ~. ~,..
COMPLAINT - CiVIL ACTION
COMPLAINT 1N 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 han 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
notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la
corte 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 dinem o sus
propiedades o otros dereches importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
Spear & Hoffman, P.A.
BY: BONNIE DAHL, ESQUIRE
Attorney I.D. No. 79294
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No.: 9727728
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK, NA
ONE FOUNTAIN PLAZA
6TM FLOOR
BUFFALO, NY 14203
PLAINTIFF,
VS.
BETTY JO CALLICH
612 MOUNTAIN ROAD
NEWVILLE, PA 17241
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 1:~2 -- ~(:J~o~.._
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is MANUFACTURERS AND TRADERS TRUST SUCCESSOR BY
MERGER TO KEYSTONE FINANCIAL BANK, NA, Authorized to do business in Pennsylvania
pursuant to Certificate of Authority #965 lwith its principal place of business located at ONE
FOUNTAIN PLAZA, 6TM FLOOR, BUFFALO, NY 14203.
2. The names and last known addresses of the Defendants are: BETTY JO CALLICH, 612
MOUNTAIN ROAD, NEWVILLE, PA 17241.
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 AUGUST 16, 1999, Mortgagors made, executed and delivered a Mortgage
upon the premises hereinafter described to KEYSTONE FINANCIAL BANK, NA, which Mortgage is
recorded as follows:
Office of the Recorder of Deeds in and for CUMBERLAND COUNTY
DATE OF MORTGAGE:
DATE RECORDED:
BOOK: 1564 PAGE:
AUGUST 16, 1999
AUGUST 17, 1999
577
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 AUGUST 16, 1999, in consideration of their indebtedness to KEYSTONE
FINANCIAL BANK, NA, BETTY JO CALLICH made, executed and delivered to KEYSTONE
FINANCIAL BANK, NA their promissory Note in the original principal amount of $88,740.00. 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 612 MOUNTAIN ROAD
NEWVILLE, PA 17241, 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 NOVEMBER 1, 2001 and monthly
thereafter are due and have not been paid, whereby the whole balance of principal and all 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.
The following amounts are due on the Mortgage:
Principal Balance
7.5% interest from OCTOBER 1, 2001 to
MAY 29, 2002 at $17.94 per day
Accrued Late Charges
Broker Price Opinion
Inspections Fees
M1P
Attorney's Fees
TOTAL AMOUNT DUE
$87,330.14
$4,323.54
$186.12
$200.00
$120.50
$57.68
$2,85O.3O
$95,068.28
Interest continues to accrue at the per diem rate of $17.94 for every day after MAY 29, 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 attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the
Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged.
12. 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.
13. Pursuant to the notice provisions of Act 91, 35 P.S. § 1680.403(c), notice was sent to
Defendants, dated JANUARY 25, 2002. 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.
14. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "E".
WHEREFORE, Plaintiff respectfully requests this Court to enter judgment 1N 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 MAY 29, 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.
DATE:
SPEAR & HOFFMAN, P.A.
BONNIE DAHL, ESQUIRE
VERIFICATION
The und~signed hereby states that hWshe 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 m'e taken fi.om records maintained by persons
supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the
ordinary course of brininess and that those facts aze true and correct to the best of his/her knowledge,
information and belief.
THE UNDER.SION1ED UNDI~STANDS THAT FALSE STATEMENTS I-IER.EIN ARE MADE
SUBSECT TO THE PI~ALTIES OF lg PA.C.S. §4904 RELATINO TO UNSWORN FALSII~ICATION
TO AUTHORITIES. ' '
Name: Deb~'~-'97B~faro ~ -/ - -
Company: Manufacturers & Traders Trust
Company
Title: Vice President
NJ/PA: 1020 North Kings Highway/Suite 210/Cherry Hill, N. J. 08034/(856) 755-1560/Fax (856) 755-1570
Exhibit
[$~ ~ T~ Li.~ For ~..~e~l~
OPEN END MORTGAGE - THIS MORTGAGE SECURES FUTURE ADVANCES
MORTGAGE
THIS MORTGAGE ("S~cu~ty I~trument') is ~ on AUGUST 16th
1999 .Themortgegoris BET~I"f JO GALLIGH, Adult Individual
('Borrower'). This Security Insttumunt is glven to KEYSTONE FINANCIAL
BANK, N.A. DOING BUSINESS AS KEYSTONE FINANGIAL MORTGAGE ,whlchi~~6rg~ni~edand~isling
under thc laws of UNITED STATES OF ANERICA , and whose address is
2270 ERIN COUNT P.O. BOX 7628 , LANCASTER, PA 17604-7628 __('I~nder").
Borrower ow~s L~mder the prindpal sram of
EIGHTY-EIGHT THOUSAND SEVEN HUNDRED FORTY AND NO/100
Dollars (U.S. $ 88,740.00 ). Th~ debt is evlde~d by Borrower's note
dated the sam~ dele as t~s Security Instrument ("Note"), which ima~idas for monthly paymcnt~ ~ith the f~l deb~ if not
paldea~lier, duo and payabl~ on OCTOBER 1st , 2030 . This Secu~ty lns~nm~eat secures to
L~mder: (a) the repayment of the debt evidanced by the Note, ~ith interest and ~11 renewals, eatensions and
modifi~fo~ of the Note; (b) the payment of ~11 other sums, ~ith interes~ advanced under p~ag~a~h_7 to protect the
secu~ty of this Security Instrument; ~d (c) the performance of Borrowers cove~ts and agreeme.ts under this
Se~ty Instrument nad the Note*For this purpos~ Borrower does h~eby mor~, gr~t and coney to l.~nder the
fo~ov~ descm~bed property hicatad in CUMBERLAND County, P:nnsylvan~:
* and (D) all advances made under the Construuztion Loan Agreement of even date
herewith to enable the completion of the construction, erection, alteration
and/or repair of the mortgaged premises.
'SEE ATTACHED LEGAL DESCRIPTION'
which has the address of 612 MOUNTAIN RD , NEWVILLE
Pennsylvania 17241-8653 (~Proper ty Address');
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and f~'ures now or hereafter a part of the property. AIl replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security hmtrli~e~t as the 'Property.~
BORROWER COVENANTS that Borrower is lawfully salsed of the estate hereby conveyed and has the right to
mortgage, grant and convey the Properly and that the Property is unencmnbered, except for encumbrances 0t record.
Borrower warrants and will defend generally the title to the Property against all cl~h~s and demands, subject to any
encumbrimces of record.
THIS SECURITY INSTRUMENT combine~ uniform covenants for nntlonnl t~ae and noa-unlform covenants with
limtted vnmatmns by jm'iadlcUon to consUtute a uniform ~ecunty mstmm~ent cowrmg real property.
UNIFORM COVENANTS. Borrower nnd Lender cov~nmut and agree as follows:
1. Payment of PMna[lml and Interent; Prepaymeat nad Late Chnages. Borrower shall promptly pay when due the
principal of ~d interest on tbe debt ¢~denced by the Note and any prepayment and late cberg~ due under tbe Note.
~. Funds fo~ Taxes and lnsurnnce. Subject to applicable law or to a w~tten waiwr by Lender, Borrower shall pay
to L~nder on thc day monthly paymcn~ ~e du~ ander the Note, unt~ the Note is paid hi f~ a sum ('Funds') fort
yearly t~x~ nad assessments which may attain priority over t~s Secm~ty Instrument ns n llen on the PropertM, (b) yearly
leasehold payments or ground rents on the Property, if an~ (c) yearly ]mzard or property ~n~urance prcmhm~; (d)
yearly flood insurance premiums, if an~ (e) yearly morse insurance preminn~, if an~ nnd (I) nny~mns payable by
Borrower to L~ndar, in accordanc~ ~th the prov~mm of paragraph S, in lleu of th~ payment of mortgeg~ insurance
premiums. The~ items are cn~led '~crow Items.' Lender may, ~t any time, collect and hold Fu~ ~ an amount not to
exceed the m~.~mum araoant a lender for a federally ralated mortgag~ loan may require for Borrower's escrow account
under the federal Rea[ Eatate Settlement Procedures Act of 1~74 as amended from time to time, 12_U_..S.C. §2601
cf $~. ("RESPA'), ~mless annth~r law that applies to the l=~.mds sets a lesser amotmt. If so, Lender may, at any time,
collect ~nd hold Funds in an amount not to exceed th~ lesser amount. Lander may ~timate the amount of Funds
on the basis of c-t~rr~nt data and reasonable em6matem of expenditures of f~tt~e Escrow Items or ntherv~e in
accordance vMth applicable law.
PENNSYLVANIA'si,~s~,Family-I~anni*M~/Fr~di, Ma~IJNffOP. MINsTRUME~ Form ~0Z~ 9/~ (pa~ofSlmge~)
Thc Funds shall be held in an initltution who~c deposits arc insured by a federal ag~n~y["initrumcntallty, or entity
('mch~dln~ Lender, if Lender is such an institution) or in any Federal Home Loan Bank. I.~nder shall apply thc Funds to
pay the Escrow Items. Lender may not charge Borrower for holding and applyi~ thc Fnnds, ennually analyzing thc
escrow account, Or verifying thc Escrow Items, unless Lcndsr pays Borrower interest on the Funds and applicable law
permits Lender to make such a charge. However, Lender may rcqnl~c Borrower to pay a one*t~b charge for an
indepandent raal estate tax reporfiag service used by Lender in connection with this loan, unles.s_applicablc law provides
othen~ise. Unlas~ an agreement is made or applicabhi law requires interest to be paid, Lender shall not be required to
pay Borrower any interest or ear~in~ 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 thc Funds, showing
credits and debits m the Funds and the purpose for which each debit to the Funds was made. The Funds arc pledged as
additional security for all sums s~cured by this Security Instrument.
If the Funds held by Lender exceed thc amounts permitted to be held by applicable law, Lender shall account to
Borrower for she cxce.~ Funds in accordance with the requiramcnts of applicable law. If thc amount of the Funds held
by Lender at any llme is not sufficient to pay thc Escrow Items when duc, Lender may so notify Borrower in writing,
and, in such cas~ Borrower shall pay to ].,cnder the amount unccssacy to make up the deficiency. Borrower shall make
up thc deficiency in no more than twalve monthly payments, at Lender's sole discretion.
Upon payment in fldi of all sums secured by this Security lnstrtmacnt, Lender shall promptly refund to Borrower
any Funds held by Lender. If, under paragraph 21, Lender shall acquire or se]l the Property, Lender, prior to thc
acquisition or sale of thc Property, shall apply any Funds held by Lender at thc time of acquisition or sale as a credit
against the sums sc, cured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs 1 end 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable
under paragraph ~4 third, to in.rest duc; fourth, to principal due; and la.st, to any late char~s duc ~der the Nutc.
4. Cha~es; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to thc
Property which may attain priority over this Security Instrument, and leasehold payments or ~r0~md rents, if any~
Borrower shall pay thc~e obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower
shall pay them on time directly to she per~on owed payment. Borrower shall promptly furnish to .Lender all notices of
mounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shal~omptly furnish
to Lender receipts cvidencin~ thc payments.
Borrower shall promptly discharge any lien which has priority over this ~e~uri/y l~eflU/fi/less Borrower: (a)
agrees in writing to thc payment of thc obligation secured by thc lien in a manner acccptabla to Lender; (b) contests in
good faith the llen by, or defends against enforcement of thc lien in, legal procccdlngs which in the Lender's opinion
operate to prevent the enforcement of thc lien; or (c) secures from the holder of the llen an agrecmcnl ~factory to
Lender lubora;-.~ thc lien to this Security Instrument. ff Lender determlnc~ that any part of the Proper~ is subject
to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice idenfiJ~iag the ben.
Borrower shall sntidy the lien or take one of more of thc actions sci forth above within 10 d~y~ of the giving of notice.
$. H*=~-d or Proper~ Insurance. Borrower shall keep thc improvements now existing or hereafter erected on the
Property in~ured a~inst loss by ~lra~ hs?~rds inchlded within the term 'extended coverage' and any other hazards,
indud~ floods or flooding, f~r which Lender rexluires insurance. This insurance shall be maintained in the amounts
and for thc pariods that Lender rcqulr~. The insurance carrier providing the insurance shall be ch'~en by BorroWer
subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails ~ maintain cow,rage desctibcd
above, Lender may, at Lender's opt on, obtain coverage to protect Lender s rights m the Property m accordance
paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mo_~Igagc riausc.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to
Lender all receipts of paid premiums and renewal notices. In thc event of loss, Borrower ~h~ll give prompt notice to the
insurance carrier and Lender. Lender may make proof of lees if not made promptly by Borrowef~
Unless Lender and Borrower othcrv~¢ agree in wcitin~ insurance proceeds shall he applied to?estoration or
repair of the Property damaged, if the restoration or repair is economically feasibla and Lender'S'security is not
leaseund. If the restoration or repair is not economically feasible or Lender's sccuri~ wonld he lcsiencd, thc insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether Or not then dun;~_~ .~ny excess paid
to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice fr°m Lender fl~at the
insurance carrier has offered to settle a claim, then Lender may collect the insurance proce, e~t Lender may usc the
proceeds to repair or restore thc Property or to pay sums secured by this Security Instrument, whether or not then duc.
The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writin~ any application of proceeds ~o principal shall/lot extend
or poatpoun thc due date of thc monthly payments referred to in paragraphs 1 and 2 or change thc amount of thc
payments. If under paragraph 21 thc Property is acquired by Lender, Borrower's right to en.}~, insurance policies and
proceeds resnl~nE from damage to the Property prior to thc acquisition ~h~l! psis to Lender t~ thc extent of thc sums
se.~urcd by this Seeurity Instrmncnt immcdiutcly prior to the acquisition.
6. Occupancy~ Preservation~ Mnlntenasce and Prote~ion of the Properl~ Borrower's Loan Application;
Leaseholds. Borrower shall occupy establish and use thc Property as Borrower's p!incipal reside_nee within ~ days
after thc exe~culion of this Sccarity Instrument end shall continue to occupy the Property as Bom~'er's principal
residence for at least one year a/tcr the date Of occupency, unless Lender otherwise agrees in writing, which consent
shall not be unreasonably withheld, or unless eutenuating circumstances c:dst which a~ ~!~Olid'B0rrowcr's control.
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 procccdlng, whether civil or criminal, is beEtm that in
Lender's good faith judgment could result in forfeiture of the Property or otherwise materially iml~fir the-'licn created
by this Security Instrument or Lender's security interest. Borrower may cura such a default and reinstate, as provided in
paragraph 18, by causing the action or proceeding to be dismissed with a .d;.~ that, in Lender's good faith
determination, precludes forfeiture of the Borrower's interest in the Property or other mht~ impairment of the lien
created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrowe~', dmiag
thc loan application process, gave materially false or inaccurate in/ormation or statements to Lender (or failed to
provide Lender with any material information) in connection with the loan evidenced by the Note, inciudlng, but not
limited to, representations concerning Borrower's occupancy of the Property as a principal residcde~.. If this Security
Instrument is on a ina~ehold, Borrower shall comply with all the provisions of the leas~. If Borrower ~.qulras fc~ title to
thc Property, the le~ehold and the fee title shall not merge unless Lender agrees to the
7. Protection of Lender*s Rights in the Property. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument, or there is a legal proceeding that may si~iHc~u'.ly affect Lender's rights in thc
Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enfore, clav, s 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 linn which has priority over this
Security Instrument, appearing in court, paying reasonable attorneys' fccs and entering on tho Property to make repairs.
Although Lender may take action under this paragraph 7, Lender docs not have to do so.
Any mounts 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 mounts shall bear
interest bom the date of disimrsemcnt at the Note rate and shall be payable; with interest, upon notic~ from Lender to
Borrower requesting payment.
8. Mort?? Insurance. If Lender rcqttired mortgage insurance as a condition of making the loan secured by this
Security Instrument Borrower shall pay the premiums required to maintain the mortgage nsurance n 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 cost to Borrower of the mortgage insurance previously in cftc.ct, from an alternate
mortgage insurer approved'by Lender. If substantially equivalent mortgage insurance coverage is not available,
Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly m~gagc i~urance preminm heing
paid by Borrower when the insurance coverage lapsed or ceased to he in effect. Lender wiR accept, usc and retain thase
payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the
option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by
an insurer approved by Lender again becomes available and is obtained. Borrower shall pay thc prcminms required to
maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends
in accordance with any written agreemcot between Borrower and Lender or applicable law~ ' *-
9. Inspection. Lender or its agant may make reasonable entries upon and inspections of the Property. Lender
shall give Borrower notice at thc time of or prior to an inspection specifying rcazoanblc cause for thc inspcctlom
10. Cond~nastlon. Thc proceeds of any award or claim for damages, direct or consequential, in c~nnncction with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby
assigned.and ~h~, he paid to Lender.
In thc event of a total taking of thc Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then duc, with any exccs~ paid to Borrower. In thc cvant of a partial taking of thc Property
in which thc fair mather vuiuc of thc Property inlmcdiatcly hefore thc taking is equal to or greater than thc amount of
the stuns secured by this Security Instrument in~nedintely hefore thc takin~ unless Borrower and Lender otheo~Asc
agree ill writin~ the stuns secured by this Security Instrument shall be reduced by thc amolm~-0~ thc proceeds
multiplied by the following fraction: (a) thc total amount of the sums secured immediately bcfor,~ thc mL-iag divided by
Co) the fair markat value of thc Property immedintcly before the taking. Any baiance shah bc paid to Borrower. In thc
event of a partial tsking of the Property in which the fair mather value of thc Property immcdintcly before the taking is
less than the amount of the sums secured immediately bedore thc tzldaL unless Borcowcr and Lender otharwisc agree
in writin8 or unless applicable law otharwisc provides, thc proceeds shall bc applied to thc sums secured by this Sccorlty
Instrument whether or not the sums arc than duc.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower thnt ihe condemner offers to
make an award or settle a cinhn for damages, Borrower fails to respond to Lender v)ithin 30 days after thc date thc
notice is given, Lender is authorized to collect and apply thc proceeds* at its option, either to restoration~or re'pair of thc
Proparty or to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to ptin~pl~ shall not extend
or po~tpene the duc detc of thc montldy payments referred to in paragraphs ! and 2 or change thc amount ~f such
modification of anaortization of thc sums secured by this Security Instrument granted by Lender to any successor in
time for payment or otherwise modify amortization of thc sums secured by this Sccurlty Instrument by reason of any
dm*md made by the original Borrower or Borrower's successors in interest. Any forbca~rance by Lender in exercising
any rlght or remedy shull nnt bca waiver of or preclude thc cx~rcise of any right or remedy.
1Z. Successors and Assigns Bound; Joint and Several Liability;, Co-signers. Thc covenants axed agreements of this
Security Instrument shah bind and benefit thc successors and assigns of Lender and Borrower, subject to the provisions
of paragraph 17. Borcowcr*s covenonts and agreements sha~ be joint and several Any Borco~r-~dlo co-sigus this
Security Instrument but docs not execute the Note: (a) is c.o-signlng this Sccucity Instrmnent only to mortgage, grant
and convey that Borrower's interest in the Property nnder the terms of this $ccurit~ In~li(;*Co) is not personaily
13. Loan Charges. If thc loan secured by this Seco~ty Instrument is subject to a law which sets maximum loan
ch~xg~, and .that law is finally interpreted so that thc interest or other loan charges co~ccted or to bc collected in
conuectton with thc loan exceed thc permiRed limits, then: (a) any such loan charge ghull 5C reduced by thc amount
principal owed under the Note or by making a direct payment to Borrower. ff a refund reduces p~pal, the reduction
14. Notices. ~ notice to Borrower provided for in this Security Instrument shall he Ri~ by daliveting it or by
15. Govemim~ ~ Severubllity. This Sccu~ty Instrument shall be governed by federal }aw and the law of the
jurisdiction in which thc Property is located. In thc cvcut that any provision or clause of [his Security fustrumcnt or thc
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be givan effect without the conflicting provision. To this cud the pro~islous of this $ccurity Instrument and
the Note are declared to be severable.
16. Borro~,~as COpy. Borrower shall be given one conformed copy of the Note and of this security Imtrumeut.
17. Tnmofer of the Progerty or a Benefleinl Interest In Borrowr. If all or any part of the Progerty or any imerest
in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sUms
secured by this Security Instrument. However, th~ option shall not be exerCiSed by Lender if exercise is prohibited by
federal law as of thc date of this Security Instrument.
If Lender e~xerei~s this option, Leuder 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 Right to Reinutate. If Borrower meets certain conditions, Borrower shall have thc right to have
enforcement of this security fuxtr~maent discontinued at any time prior to the earlier of: (a) 5 days (or such Other
period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale
contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions
are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as
no a~elerafinn had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred
in enforcing this Security Instrument, indudiag, but not limited to, reasonable attorneys' fees; and (d) takes such action
as Lendar may reasonably require to assure that the lien of this Security Instrument, Lender's fights in the Property and
Borrower's obligation to pay the sums secured by this Security Instrument shall continue tmehan?d. Upon
reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully affcctive as if
no aece~rafion had occurred. However, this right to reinstate shall not app!y in the case of acceleration under
paragraph 17.
19. Sale of Note; Cfumge of Laan Servicer. Thc Note or a partial interest ~ the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale utay 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 Lean Sen'icer unrelated to a sale of the Note. If ~ere is a ch~n? of the
Loan S.ervlcer, Borrower will be given written notice of tim change in accordance with paragraph T4' 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.
10. HAmvdous Suhatonees. Borrower shall not cause or permit the presence, usc, disp6gal, storage, or release of
any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anythiag affecting
the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,
usc, or storage on the Property of small quantities of Hazardous Substances' that are generally.~cagulzed to be
appropriate to normal realdcntlal nscs and to maintenance of thc Property.
Borrower xhal! 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 remediafion of any Hazardous Substance affecting tbe~property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. '
AS nscd in this paragraph 20, "Hazardous Substances* are thc~e substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other fl~i~i~able or toxic petroleum
products, toxic pesfiddes and herbiddes, volatile solvents, materials eoutal,;,g asbestos or fbrmaldahyda, and
radioactive materials. As used in this paragraph 20, "Environmental Lay/' means federal laws and laws of thc
jurisdiction where thc Property is located that relate to health, safety or environmental protection. -
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Aeerierulfun; Rexaedl~s. Lender shah give notice to Borrower prior to ac~tl0~- t'.ollowing Borrower's
breach of' any covenant or agreement in fids Security Instrument (but not pvior to acceleration under paragraph 17
unless applicable law provides otherwise). Lender sbutt notify Borrower of, nutone other thto~: (a) the d~adit; (b)
the action reqoh~ed to cure the default; (c) when the default must be cured; and (d) that failure to eurethe default as
specified may reanlt In acceleration of the sums secured by this Security Instrument, foreclosure by judicial
proceedthg and sale of the Property. Lc. rider shah further Inform Borrower et' the right to reinstate after acerieratinn
and the vi~t to assert In the foreclosure proceeding the non-e~dstenee of a default or any other defense of Borrovmr to
aeeelaratfun and foreclosure. If the default is not cured as specified, Lender at its opfin*i may ~Xlulre immediate
payment In full of all sins smd by this Security Instrument without further demand and my foreclose this
Seeority Instrument by judicial proe~dfag. Lender shall be entitled to ealleet all expenses toeulT~d In pursuing the
remedlas t~rovided In this paragraph ~1~ induding~ but not limited to, attorneys fees and costs of title evidence to the
extent l~rmittod by applic~bla law. ·
:~:~.Rdeuse. Upon payment of ali sums secured by this Security Instrument, thls~c~'~nstrumeut and the
estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security
Instrument without charge to Borrower. Borrower shall pay any recordation costs.
23. Wdive. rs. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in
procccdi,~ to en[orce this Security Instrument, and hereby waives the benefit of any present or future imvs providing
for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead'exemption.
24. Reinstatement Perio~L Borrower's time to reinstate provided in paragraph 18:fludi extend to o~ hour prlor to
the commencement of bidding at a sheriff's sale or other sale pursuant to this Securi~ Instrument.
.IS. Purdmse MoneY Mortgage. ff any of thc 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.
Form )~ ~,/~0
26. Interest Rate After Jadgmeal. Borrower agrcm that the interest rate payable after a~lgmant is entered on
the Note or in an action of mortgage forecloaure shall be the rate payable from time to time under the Note.
27. Riders to this Sem~ty InstrnmenL If one or more riders are executed by Borrower and recordgd together
with this Security Instrument, the covenants and agreements of each such rider shall be incorporated-Jato and shall
&mend 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)]
[] Adjuatable Rate Rider
[] Graduated Payment Rider
[] Balloon Rider
[] Other(s) [spec~]
[] Condominium Rider
[] Planned Unit Development Rider
[] Rate Improvement Rider
[] !..4 Family Rider
[] Biweekly Payrannt Rider
[] Second Home Rider
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instnunent and in any rider(s) executed by Borrower and recorded with it.
~ ~'~c ~[~ -- (seal)
ALLICH -Borrower
(Seal)
-Borrower
(s~)
and acknowledged that .he~t she/tlmyexecut ed thc same for the purposes herein c6htalned
iN WITNESS WHEREOF, I hereunto set my hand and official seal
r- Notarial sea[
~ Betzi A. Morrison, Notary Public
CERTIFICATE OF RESIDENCE
I, DIANN DUICK , DO I~EREBY CERTIFY THAT THE CORRECT
ADDRESS OF ~ WITHIN NAMED LENDER IS KEYSTONE FINANCIAL MORTGAGE
2270 ERIN COURT P.O. BOX 7628, LANCASTER, PA 17604-7628.
Witn~,my hand this~ 16 th dayof AUGUST
AgdnCof Lender
, 1999
~oo~1564~ ~582
LOAN ID:~00072337
.¸%
schedule C
Land
Description
Number
ALL the following described real estate lyin9 and being
situate in Upper Mifflin Township, Cumberland County,
Pennsylvania, referred to as Lot No. 4, more particularly bounded
and described in accordance with Subdivision Plan entitled ~Final
Subdivieion Lee E. Clouse", prepared by Wilbur H. Clifton,
Professional Land Surveyor, which said Subdivision Plan has been
approved by the appropriate municipal authorities and is recorded
in Cumberland County Plan Book 77, Page 51, as follows:
BEGINNING at a parker kalon nail at corner of the
within ~described lot and in centerline of T-383
(Mountain Road); thence along common boundary line of
Lot No. 3, North twenty-three (23) degrees zero (00)
minutes twenty-two (22) seconds West, four hundred two
and forty-eight hundredths (402.48) feet to a parker
kalon nail; thence along line ~f lands of Lee
Clouse, North forty-nine (49) de~rees nineteen (19)
minutes twenty-three (23) eecond~ East, two hundred
fifty and zero hundredths (250.00) feet to a parker
kalon nail at uorner of lands of Lee E. Clouse and Lot
NO. 5; thence along common boundary line of Lot No. 5,
South twenty-two (22) degrees fifty-nine (59) minutes
twenty (20) seconds East, four hundred two and ten
hundredths (402.10) feet to a parker kalon nail at
corner of common boundary line of Lot No. 5 and
centerline of T-383 (Mountain Road); thence along
centerline of T-383 (Mountain Road), South for~y-nine
(49) degrees thirteen (13) minutes fifty-three (53)
seconds West, two hundred fifty and zero hundredths
(250.00) feet to the point and place of BEGINNING.
CONTAINING a total area of 2.200 acres, more or less,
in accordance with the above referred to subdivision
plan.
BEIng the same premises which Lee A. Clouse and Patricia A. C10use, his wife,
by their deed dated October 30, 1998, and recorded in the Office of the
Recordeg of Deeds in and for Cumberland County, Pennsylvania, in Deed Book
188, Page 192, granted 9nd conveyed to Betty Jo Callich, mortgagor herein.
Exhibit "B "
NOTE
AUGUST 16 ,1999
612 MOUNTAIN RD , NEWVILLE, PA 1726`1-8653
CARLISLE PENNSYLVANIA
1. BORROWER'S PROMISE TO PAY
la return for a loan that I have received, I promise to pay U.S. $ 88,740.00 (this amouut is ealled
'prin~pai~, pkm interest, to the order of the Lender. The Lender is KEYSTONE FINANCIAL BANK, N.A.
DOING BUSINESS AS KEYSTONE FINANCIAL MORTGAGE . I understsnd
that the Lender may transfer this Note· The Lender or anyone who takes this Note by transfer and who is entltied to
receive payments under this Note is called the 'Note Holder.'
2. INIEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. 1 will pay interest
at a yearly rate of ** %.
Tho interest ruto required by this Section 2 is the rate I will pay beth before and after any default described in
Section 6(B) of this Note.
3. PAYMENTS
(A) Time mad Place of 159am~ts --
I will pay principal and interest by waking payments every month.
I will make my moothly payments on the ** day of each mooth be~-.l.~on
19.* . I will make these payments every month until I have paid all of the prlncipal and interest and any other charges
described below that 1 may owe under this Note· My monthly payments will be applied to interest before pdadpai If, on
** , ** , I still owe amounts under this Note, 1 will pay those mounts in full on that date,
which is called the 'mat~ity date.'
l will makc my mouthly payment at 2270 ERIN COURT P.O. BOX 7628
LANCASTER, PA 17606.-7628 oratadifferentplaceifrequiredbytheNoteHulder.
(B) Amomat of Mo.~hly Payments
My monthly payment *,qJl be in the amount of U.S. $ ~*
4. BORROWICR'~ RIGHT TO PREPAY
I haw the fight to make payments of prindpai at any time before tbey .a~e due. A payment of pfinalpal only is
It.own as a 'prepayment.' When ! make a prepayment, I will tell the Note Holdar i~ Wfiting~at P'~Vdulng so.
I may make a full prepayment or parfiul prepayments without paylog any prepayment cha/~. The Note Holder
will use all of my pecpayments to reduce the amount of principal that I ow~ under this Note. If I make a pactlai propayment,
there villi be no ,-ha.~o~s in the due date or in the amozmt of my monthly payment unless the Note Holder a~s in writing
to those
S. LOAN CHA~GES
If a law, which applies to this loan and which s~ts maximum loan ~ is fi..lly interpreted so that the interest
or other loan charges collected or to be collected in co=nection with this loan exceed the permitted limits, {hon: (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 Ii,.it~ will be refunded to me. Tho Note Holder may choo~_~.to make this
refund by reducing the principal I owe under this Note or by making a direct payment to mo. If a refund reduces principal,
the reduction will be treated ~s a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) lmt~ OmrS~ for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 ( Ftff~-~ny. aloedar
days after the date it is doe, l will pey a late charge to the Note Holder. The amouot of the charge 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) I~fault
If I do not pay the full mount of each monthly payment on the date it is due, I will be in default.
(C) Notie~ of 1)~fuult
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 pa), immediately the full amount of prlm:ipal whloFhas not been paid
and all of the hitere~t that I owe on that amount. That date must be at least 30 day~ after tho
delivered or mailed to me.
(D) No Wulver hy Not~ Holder
Even if, et a time when I am in default, the Note Holder does not require me to pay immediately inf~l as described
above, tho Note Holder will still have the right to do so if I am in default at a later time. (E) l&ayment of No~ llalder's Costs ~d ExpeJ~
If the Note Holder has required me to pay immediately in full as described above, the NOte Holder will have the
right to be paid back by me for all of its costs and =q~nses in enforcing this Note to tl~ ~tent n6t prohibited by ~pplicabl¢
law. Tbe~ expetmes include, for example, reasonable attorneys' gees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under'Ibis Note will be
given by delivering it or by maill.g it by first class mail to me at the Property Address abeve or at a_different address if 1
give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note willbe given by m.ilhag it by first class mall to
tbe Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice o[tbet
different address.
MULTISTATE FIXED RATE NOTE -- Sin~a]* Family -- FNMA / FHLMC UNIFORM INSTRUMENT Form 3200 ~2/e3
A200 LOAN ID: 00072337
$. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally 0bligatcd to keep all of the promises
made in this Note, including the promis~ to pay the ~ amolmt owed. Any person who is gaara~o~ su~ty or endorser
of this Note is also obligated to do these shings. Any person who takes over these obligations, including the obligations
of a guarantor, surety or endorser of this Note, is a~so obligated to keep ail of the promises marie ~Yais Note. The Note
Holder may enforce its tights 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. WMV~RS
I and any other person who has obligations under this Note waive the rights 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 ~mouuts due have not been paid.
10. UNII~ORM SECURED NOT~
This Note is a uniform instrument with limited variations in some jurisdiction& 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 as this Note, protects the Note Holder f~om possible losses which might result if I do not keep the
prom~es which I make in this Note. That Security Instrument describes how and under what conditions I may be
required to make immediate payment in Null of ali amounts 1 owe under this Note. Some of those comiifions are
descried a~ follows:
Transfer of the Property or a Beneficial Interest in Borrows. If all or any part of the Property or
a~y interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and
Borrower is not a nattlra] person) without Lender's prior written consent, Lender may, at its option,
require immediate paymcot in full of all sums secured by this Security Instrument. However, this option
· h*ll not be ~xerdsed by Lender if exercise is prohiblted by fcdcl'a] law as of the date of ~i,'~ Security
Instrument.
If Lender exercises the option, Lender shah give Borrower notice of aesclcraHon. Thc notice shall
provide a period of not less than 30 days from the date the notice is delivered or mailed withi~ which
Borrower must pay aH sums secured by this Security Instrument. If Borrower ~ to pay these sums prior
to thc cxph'ation of this period, Lender may invoke any remedies permitted by this S ~ecuz~ Instrument
without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
~ETT~ JO~ CALLICH
(Scai)
(s~d)
....
SEE ADDENDUM TO NOTE
(Seal)
-Borrower
lSign'Ori#an~ Ontyl
Exhibit "C"
schedule C
Land
Description
Number
ALL the following described real estate lying and being
situate in Upper Mifflin Township, Cumberland County,
Pennsylvania, referred to as Lot No. 4, more particularly bounded
and described in accordance with Subdivision Plan entitled "Final
Subdivision Lee E. Clouse", prepared by Wilbur H. Clifton,
Professional Land Surveyor, which said Subdivision Plan has been
approved by the appropriate municipal authorities and is recorded
in Cumberland County Plan Book 77, Page 51, as follows:
BEGINNING at a parker kalon nail at corner of the
within described lot and in centerline of T-383
(Mountain Road); thence along common boundary line of
Lot No. 3, North twenty-three (23) degrees zero (00)
minutes twenty-two (22) seconds West, four hundred two
and forty-eight hundredths (402.48) feet to a parker
kalon nail; thence along line ~f lands of Lee E.
Clouse, North forty-nine (49) de~rees nineteen (19)
minutes twenty-three (23) second~ East, two hundred
fifty and zero hundredths (250.00) feet to a parker
kalon nail at corner of lands of Lee E. Clouse and Lot
NO. 5; thence along common boundary line of Lot No. 5,
South twenty-two (22) degrees fifty-nine (59) minutes
twenty (20) seconds East, four hundred two and ten
hundredths (402.10) feet to a parker kalon nail at
corner of common boundary line of Lot No. 5 and
centerline of T-383 (Mountain Road); thence along
centerline of T-383 (Mountain Road), South forty-nine
(49) degrees thirteen (13) minutes fifty-three (53)
seconds West, two hundred fifty and zero hundredths
(250.00) feet to th~ point and place of BEGINNING.
CONTAINING a total area of 2.200 acres, more or less,
in accordance with the above referred to subdivision
plan.
BEING the same premises which Lee A. Clouse and Patricia A. Clouse, his wife,
by their deed dated October 30, 1998, and recorded in the Office of the
Recorde~ of Deeds in and for Cumberland County, Pennsylvania, in Deed Book
188, Page 192, granted 9nd conveyed to Betty Jo Callich, mortgagor herein.
Exhibit "D "
Mag' Mortg e corporation
January25,2002
Betty J Callich
612 Mountain Rd
Newville, PA 17241-8653
1-800-724-1633
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
CURRENT LENDER/SERVICER:
Betty J Callich
612 Mountain Rd
Newville, PA 17241-8653
9727728
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 THE PROVISIONS OF ~ 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 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 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 county 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 immediatelyof 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
NI&T Mortgage Corporation · Correspondence · P.O. Box 840, Buffalo, New York 14240-0840
MaT Mortgage t;orporation
1-800-724-1633
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 (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY' IF YOU FAlL 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 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 TIlE FILING OF A PETITION IN
BANKRUPTCY, TI-IE FOLLOWING PART OF Tills NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SItOULD 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:
612 Mountain Rd
Newville, PA 17241-8653
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 orS 771.48 for the months of 11/01/2001 $2,277.75
through today's date:
Other charges: Accrued late charges: $ 93.06
Accrued other fees: $ 15.00
TOTAL AMOUNT PAST DUE: $2,385.81
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
$2,385.81, 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
M&T Mortgage Corporation · Correspondence. P.O, Box 840, Buffalo, New York 14240-0840
MortgageCorporation
1-800-724-1633
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 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. 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. I.f 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 Sheriff to
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.
OTHER 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 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 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 SheriWs 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
Sheriffs Sale of the mortgaged property could be held would be approximately 10 months 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 THE LENDER:
Name of Lender: M&T Mortgage Corporation
Address: P.O. Box 840
Buffalo, NY 14240
Phone Number: (800) 724-1633
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property al~er 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
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are
satisfied.
M&T Mortgage Corporation · Correspondence · P.O, Box 840, Buffalo, New York 14240-0840
Mortgage Corporation
YOU MAY ALSO }lAVE TI-IE RIG}IT:
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
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,
1-800-724-1633
Evelyn Wilson
Enc: Act 91 Notice
Consumer Credit Counseling Agencies Serving Your County
M&T Mortgage Corporation · £orrespondence. P.O. Box 840, Buffalo, New York 14240-0840
· ' Mortgag ' orporation
, 1-800-724-1633
Date: January 25, 2002
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, ahd 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 County are listed at the end of this Notice. If you have any questibns, 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 LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERI)IDA DEL
DERECHO A REDIMIR SU HIPOTECA.
M&T Mortgage Corporation · Correspondence. P.O. Box 840, Buffalo, New York 14240-0840
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. A~]y and ail information obtained during the prosecution of this lawsuit may be
used for the propose of collecting the debt.
2. The amount 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 undersigned 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 firm 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 oribqnal creditor, and
if the debtor makes a written request to the creditor's law firm within the thirty (30) days from 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, Cherr~ Hill, NJ 08034.
SHERIFF's RETURN -
CASE NO: 2002-02902 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTy OF CUMBERLAND
MANUFACTUERS AND TRADERs TRUST
VS
CALLICH BETTY JO
REGULAR
RONALD HOOVER
Sheriff or Deputy Sheriff of
Cumberland CountY, Pennsylvania, who being duly SWOrn according to law,
says, the within COMPLAINT _ MORT FORE was Served upon
CALLICH BETTY JO
DEFENDANT
, at 1841:00 HOURS,
at 612 MOUNTAIN ROAD
the
on the 9th day of
2oo___3_
NEWVILLE, PA 17241
BETTY JO CALLICH
by handing to
a true and attested copy of COMPLAINT _ MORT FORE
together with
and at the same time directing He____r attention to the contents thereof.
Sheriff,s Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.28
.00
10.00
.00
36.28
Sworn and Subscribed to before
me this 2 ~_~ day of
So Answers:
R. Tho~ -'--~
· Omas If~ l i/e
07/10/2002
SPEAR & HOFFMAN
SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 KINGS HIGHWAY, SUITE 210
CHERRY HILL, NJ 08034
(856) 755-1560
ATTORNEYS FOR PLAINTIFF
MANUFACTURERS AND TRADERS TRUST
SUCCESSOR BY MERGER TO KEYSTONE
FINANCIAL BANK, NA
PLAINTIFF,
VS.
BETTY JO CALLICH
DEFENDANT
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-2902
PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE
COMPLAINT IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly settle, discontinue and end without prejudice the above captioned complaint in mortgage
foreclosure.
SPEAR AND HOFFMAN, P.A.
Attorneys for Plaintiff