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HomeMy WebLinkAbout96-05161 ) 1f . ..., ~ , ... - t' ~ ~ .ll ~ q: c:o ~ ~ - " ~ I 1 1 ! J I j I , Ii. :?;M Ihy.j't;.\~ ~, "-j r y 'it' \ 't"!!... t.~l h .. ~, I ~., '. ~ l. . '\,',.:.." t'L"N ~ . >i' , ~;P.' . ;(-, . ~: 1', ". "i~ t' .:," "';" ~ ;~ WI ; ~ : ..' " .' .t-:; . " , .: > ~ ,;., ~. t '--. ;;". ~,'1 'J. " -- $- '. >, ;, ',,-,' ;'- ~, . .. -I. ; ;,~ ... '/') / ,...:/~.~... /9(:".....4 - -- -' ..--//' /' .... '.~f. ......-........~--~./.. If"!'.... . , , ;:f" ,,,, I J, ( l; at! t~ (l{'. q~' . ft.4),Hl"1 ~(J' u ';.H~::'!~~ ;'. .....~ ; .<'....:r;, '-~~ ,.tJ" ~()i J ~ :,fl';;:"~ .'~ ^ _, _" ._ ,'... '., y. ~'i~EJl .,,,-, ' .-,"-"'~" -'" . rfft~~; ~~~,:;" ~..,'; \~f,:it.{ - ~..'.. lfj\' ':'0~~;" " i"S':-'- 'Z." . . -. .~..~-;\ '<'-"" .- ,~;;,::;<'~ ." ,- - ' ..~. ". ~\\ '.'''. \ i \1\\ ~ ~ . 111 .- ~ ... ... , i ." .. ",'" ... I l,i~i ~ ~ olli\ u~ . -... ... 1I1~ \ ~l~ ~ ~'j'8 ... . 0- O. . oz,lI1:S: 111 'ji, ta -l'" ,. i, , ~ ,.i ., ~\ . u lDO~ Q'" III - ~ i~ ~1Il~U \% ,\\i ~\ ,~ .;: _:'ij,,' . ",;.>-. ~{- . :-~~. .-:..' .~-~~ - '~-;~. ~l~~>. -, __ .__~__-_n-~------- -.' ..'i /~-. t- 11\ ,"'. --~---_._--- _~_____ __--,..c----,-.-~---:----.. , . ,. u'" _.;-.-:~ _" J.~-- . . -.~,~ --tij ;:;..... .'i\1 'l' ._7: .. MELLON BANK, N.A., AS SUCCESSOR TRUSTEE, for PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA VS. I I I I I NO. 'il.. ',/f.1 C"t' -r-;.... ROBERT D. POLITES and VICTORIA J. POLITES, DEFENDANTS CIVIL ACTION - LAW - 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, 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 Court Administrator, CUmberland County Courthouse Carlisle, Pa. 17013.. (717) 240.6200 ROTICn Le han demandado a usted en la corte. 5i usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted Sln previo aV1SO 0 r.~tificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMAND-A A UN ABODAOO IMMEDI ATAMENTE . 51 NO TIEm.'E ABOGAD 0 51 NO TItNE EL DINERO SUFICItNTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR TELEFCNE A LA OFICINA C~~^ DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR [J<:)NDE SE PUEDI'> C\.'}NSEGUIR ASSISTENCIA LEGAL: t't1IIIa_t.t"'" COWII Court Administrator, CUll\b<!!rland Countl' Counhoull.. Carlisle, PiI. 170ll.- i'1Pl 24()'~200 MELLON BANK. N.A.. AS SUCCESSOR TRUSTEE. for PENNSYLVANIA HOUSING FINANCE AGENCY. PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND CO.. PENNSYLVANIA VS. NO. 'fl. .:.,1../ , . ( \ fl.' ,-"... ROBERT D. POLITES and VICTORIA J. POLITES. DEFENDANTS CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff is MELLON BANK. N.A.. as Successor Trustee, for Pennsylvania Housing Finance Agency, pursuant to a Trust Indenture dated as of April 1. 1982 ("Trust"), which has its principal place of business at One Mellon Bank Center, Pittsburgh, Pennsylvania 15219 with a servicing agent of Bank of America FBS. having an office at P. O. Box 26388, Richmond, VA 23260-6388. 2. Defendants, ROBERT D. POLITES and VICTORIA J. POLITES are both adult individuals whose last known address is 310 Eleventh Street. New Cumberland, Pennsylvania 17070 and/or 65 Buckthorn Drive, Carlisle, Pennsylvania 17013. 3. On or about July 22. 1991. Defendants executed a Promissory Note ("Note") in favor of Sovran Mortgage Corporation ("Original Mortgagee") in the principal amount of $69,784.00, the proceeds of which were used to purchase a residential property located at 310 Eleventh Street. New Cumberland. Pennsylvania 17070, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with the execution of the aforesaid Note, in order to secure payment of the same, Defendants made. executed and delivered to Original Mortgagee. a certain real estate Mortgage which is recorded in the Recorder of Deeds Of f ice of C\lmberland County, in Mortgage 8,>ok 1012, rAg~ 1128.. The m('rtgAq~ was assigned to Corestates Bank, N.A., as Trustee, for Pennsylvania Housing Finance Agency, pursuant to the terms of said Trust, and recorded as aforesaid in Book 401, page 896 on July 29, 1991. Said mortgage evidences the terms of said Note, the balance of which is set forth in paragraph four of this Complaint. The mortgage was assigned to Mellon Bank, N.A. The said Assignment is to be sent for recording. The Mortgage and Assignments are incorporated herein by reference. 5. Mellon Bank, N .A., is the Successor Trustee to Corestates Bank, N.A., under said Trust and has the power and authority to bring this action in mortgage foreclosure. 6. The land subject to the Mortgage is: 310 Eleventh Street, New Cumberland, Pennsylvania 17070, and is more particularly described in Exhibit "B" attached hereto. The Defendants are the sole owners of the said land. 7. The Mortgage debt is in default due to the fact that Defendants have failed to pay the installment due on February 1, 1996, and all subsequent installments thereon, and the following amounts are due on the Mortgage: (al Unpaid principal balance (bl Interest at $14.9~ per day from 1/1/96 to 9/16/96 (baaed on a contract rate of 8.1S0'l $66,80~.21 3,849.36 lc) Accrued/Accumulated Late Charges and Late Charges at $23.83 per month Idl Escrow deficit 190 . 64 ".45 Ie) S' Attorney'. CoMmission 1...140..11 TOTAL $74.::n.77. "Together with interest at the per dte~ rat. noted in ibl abov~ after September 16, 1996, and other charges and costs to date of Sheriff's Sale. 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 charges that are actually incurred by Plaintiff. S. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and to accelerate the loan balance has been given to the Mortgagors, but the Mortgagors have failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as Exhibit 'C.. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 11940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the tillle limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. m BankAmerica If you do not cure the default within THIRTY (30) DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE THE MORTGAGE PAYMENTS. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installmenls, If full payment of the amount of default is not made within THIRTY (30) DAYS. WE ALSO INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO FORECLOSE YOUR MORTGAGED PROPERTY. YOU SHALL HAVE THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR OTHER DEFENSE THAT YOU MAY HAVE TO ACCELERATION OR FORECLOSURE. IF THE MORTGAGE IS FORECLOSED, YOUR MORTGAGED PROPERTY WILL BE SOLD BY THE SHERIFF TO PAY OFF THE MORTGAGE DEBT, If we refer your case to our attorneys. but you cure the default before they begin legal proceedings against you. you wilt still have to pay the reasonable attorney's fees. actually incurred. up to $50,00. However. if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50,00. Any attorney's fees will be added to whatever you owe us. which may also include our reasonable COSls. IF YOU CURE THE DEFAULT WITHIN THE THIRTY-DAY PERIOD. YOU WILL NOT. BE REQUIRED TO PAY THE ATTORNEY'S FEES. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, If you have not cured the <kfault within the thirty-day period and foreclosure proceedings have begun. you still have the right to cure the <kfaull and PREVENT THE SALE AT ANY TIME UP TO ONE HOUR BEFORE THE SHERIFF'S FORECLOSURE SALE. YOU MAY DO SO BY PAYING THE TOTAL AMOUNT OF TIlE UNPAID MONTHLY PAYMENTS PLUS ANY LATE OR OTIIER CHARGES mE..~ DUE. AS WELL AS THE REASONABLE ATTORNEY'S FEES AND COSTS CONNECTED ~ml THE FORECLOSURE SALE (AND PERfORM ANY OTHER REQUlREMEl'aS UNDER TIlE MORTGAGE) It is estimated that the earliest date that a Shefitrs So'lle could be held would be approximately OctOOcr 16,1996 ^ llOlice of the date of the Sheriffs sale will be sent 10 you before the sale, Of course. the amount needed 10 l."\IlC tb.: <kfaull will inl.:reasc: the kmger )"OU wail. You m.ty find out at an} lime eXktly what th!.! required payment "ill be by calling us at 1-800-535-5170 (toll lIte) Tlus ~ymcnt musl be in cash. cashier's check. cerufled ched.:. or money lmkr and m:tde (l4yabk 10 m al the ~s statl:\t ab<we "I1U 'h..uld rf~llT,' th.tl .1 Shenlr, .ale will enU )' \ 1O,If ,,'" Ilt'r-.hlf' ,'llbe mortFa~ r"''f'l:rty 11ll! "'OUt tl~ht t" nmam ifill If Yl'llI,:.-,n1lnue t" 11\( In lho; rn,-.:l1y .Inn lbe Sh(1'Ifr\ ..ale. a !;a\HUlt (1'U!d t't ,ianni to l'\Kt )\\\1 l<Jr"',t .,. ~ " "'T~'!-'" .\ '~~_\" --~,. --,.;.. ,\,! ",U .:. m BankAmerica amount of default is not made within THIRTY (30) DAYS, WE ALSO INTEND TO INSTRUcr OUR ATIORNEYS TO START A LAWSUIT TO FORECLOSE YOUR MORTGAGED PROPERTY. YOU SHALL HAVE THE RIGHT TO ASSERT IN TIlE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR OTHER DEFENSE THAT YOU MAY HAVE TO ACCELERATION OR FORECLOSURE. IF THE MORTGAGE IS FORECLOSED, YOUR MORTGAGED PROPERTY WILL BE SOLD BY THE SHERIFF TO PAYOFF THE MORTGAGE DEBT. If we refer your case to our attorneys. but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred. up to 550,00. However. if legal proceedings arc started against you. you will have to pay the reasonable attorney's fees even if they arc over 550,00. Any attorney's fees will be added to whatever you owe us. which may also include our reasonable costs. IF YOU CURE THE DEFAULT WITHIN TIlE THIRTY-DAY PERIOD. YOU Wll.L NOT BE REQUIRED TO PAY TIlE A TIORNEY'S FEES. We may also sue you personally for the unpaid principal balance and all other sums due under the rnongage. If you have not cured the defaull within the thirty-day period and foreclosure proceedings have begun. you still have the right to cure the default and PREVENT THE SALE AT ANY TIME UP TO ONE HOUR BEFORE THE SHERIFF'S FORECLOSURE SALE. YOU MAY DO SO BY PAYING THE TOTAL AMOUNT OF TIlE UNPAID MONTHLY PAYMENTS PLUS ANY LATE OR OTIlER CHARGES THEN DUE. AS WELL AS THE REASONABLE ATIORNEY'S FEES AND COSTS CONNECTED WITH THE FORECLOSURE SALE (AND PERFORM ANY OTHER REQUIREMENTS UNDER THE MORTGAGE), It is estimated that the earliest date that a Sheriff's saIe could be held would be approximately October 16, 1996, A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course. the amount needed to cure the defaull will increase the longer you wait, You may find out at any time exactly what the required payment will be by calling us at 1-800-535-5170 (loll free). This payment must be in cash, cashier's ~k. cenifJed check. or money order and made payable to us at the address stated abo\'e, You should realize thai a Sheriff's sale will end your ownership of the mortgaged rropeny Itid }our right to remain in it, If you continle to Iiv'e in the pIl1{'Cny after the Sheriff's sale. a lawsuit .:oukJ be started to evil;! you. '1'1'\1 hne aIkllllllnal n,hts t.' help pnll<<t YI'lIr InlerN in the pn'fl(n} '\'CUI HAVE TIlE RIGItT TO SRI. TIlE PROf'ERrY TO 00 rAIN ~tONEY TO MY OFF TIll: MORTGAGE nEnT OR TO BORROW MONEY IROM ,\SOnlER U~NI>ING INSTIT\1TI0N TO PAY OlF THIS nEAT ,YOt1 MAY HAVE nn, RIGHT TO SRI. OR TRANSFER TIlE l'ROrfRTY st'RJH"-r TO T11\' MORTfiAGlW " flt'YER OR TRANSR,REE \\110 ~i"~ '.... , ~ \, ":-"~" .. . f{ ,-.. '."- - . - l' , .. .l ~ -"- hl; :". " \ MELLON BANK, N.A., AS SUCCESSOR TRUSTEE, for PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF I IN THE COURT OF COMMON PLEAS I CUMBERLAND CO., PENNSYLVANIA I VS. NO. 'J ( . ., I (I ( ) I, ; fl. . .. ~ ROBERT D. POLITES and VICTORIA J. POLITES, DEFENDANTS CIVIL ACTION - LAW - IN MORTGAGE FORICLOSURE NOTICE You have been sued in court. If you winh to ej..t..nd .lqai/lut the claims set forth in the following pages, you must lake action within twenty (20) days after this complaint and not ie:.- h.IVf' b..../l llerv.~d. To defend against the aforementioned claims, d Wllllen appearance stating your defenses and objections mUSI b., "nIYH'd ami I iled in writing by you, the defendant, 01' by an atloln.'y, Vou ,ue warned that if you fail to take action against then.. d,lima, I.h.. court may proceed without you and a judgement [or any money claimed in the complaint or for any other claim r-equHed by I.lw pl.lintift may be entered against you by the court wi thout lul'l. h..l /lot Ice. You may lose money. property or other nqhtt' lmpol t anI. to) YilU, YOU SHOULD TAKE THIS PAPER TO V0';R LAWVER AT ONCE, I F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TEI.F.1'1I0NE TilE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU ('AN GET l.t:nAl. liE!.!', CUMIlDJ,Nf!:LCOlmTY Court Administrator, CUmberland ('ount Y ("',\.1111;'"1''''' Carlisle. Pa. 17013 -- (7") ~4(lt,;'n" trn'UCIA Le han demandado a usted en 1,1 ':ult.., ;;1 tH,to;:od quiet.. detenderse de estas damandas expuastas en L.s (""lin.", <I1'ltllenl..o. usted ti,!ne viente (20) dias de plazo al P,Ht 11" d., 1.1 t...-tL. ,I.. I" demanda y la not i ficacion. Usted de~ pres'HIt.\I un.l ,....l! I'mel.' ,'sel i I." 0 en persona 0 per abogado y archival .m 1.. cnll,. ",n t"."1,' '"llcrit.a sus defensas 0 sus objectont's .. l..t/ll II':"',IIl,b" "1\ ,"'1111.,\ .1.. au p"'rsona, Sea avisado que st ust",d no a" .i"t ,..",\.,, I.. ,'''11.. tt>il\dl<l Iftt.'dtdas y puede entrar una orden contr.l IU'I,',lnill ("..VI" .I"l/;;" f) not.iticacion y pOl' cualquier queja 0 allV!.., ,(ut' ,.,; r,',II,t" ,,'n 1.1 1'..1 Ie-lOti de demanda. Usted puede perder Jinel'" '-' flUr> I'I'TI..,,\,..j,-14 " ,'I.nn .i..lech,)!! lmpOltantes para un...,;, LLEVE EST" OE:MANPA A UN 1iliOU,,'}, iM~n:Pll.1A.Mn;n: fir NO TIF.NNE ABOGAO 0 SI NO TIlUU: t:L lHtlU1'\l snl\:FN'l'I' a' \11.,4\1< TAt. SKRVICIO, V"YA EN PERSONA 0 1..L.\M1i h)" n:UH'oNI: ^ [, ,'Fl.'IN" ,'lIYA l'1I<K...{'ll'\l'l !;f: ENCVENTR" F.SC1Ut1A AI\4'o l'A.liA "'iH l,;ll^~ 1....1+ .'1' 1'''''Ph nJNs.xmlR. ASsrSTt.NC1A ~;Al. ~nt.Nl) ~ l.~,.'1urt A,Ptttnist t'...t~ll; \~L~~t~l t:v-,i . ;.',',", '" ~ h';~.'-:iv'" (";u 1 ~}1t.-.. r.\ ~~.: ~ MELLON BANK, N.A., AS SUCCESSOR TRUSTEE, for PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF 1 N TilE COURT OF COMMON PLEAS CUMBERLAND CO" PENNSYLVANIA VS. NO, ROBERT D. POLITES and VICTORIA J. POLITES, DEFENDANTS CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff is MELLON BANK, N,A., as Successor Trustee, for Pennsylvania Housing Finance Agency, pursuant to a Trust Indenture dated as of April 1, 1962 ("Trust"', which has its principal place of business at One Mellon Bank Ccnlor, Pittsburgh, Pennsylvania 15219 with a servicing agent of a4l1k of America FBS, having an office at P. O. Box 26368. Richmond. VA 23260-6388. 2. Defendants. ROBERT D, POl.ITES and VICTORIA J. POLITES are both adult individuals who De lapt known address is 310 Eleventh Street, New CUmberland, Pennsylvania 11070 and/or 65 Buckthorn Drive. Carlisle. Pennsylvania 17011. 3. On or about July :12. 1991. o.,tendants executed a Promissory Note ("Note") in favor of loYr~ Mortgage Co~rat1on ("Original Mortgagee") in the principal am<~unt of $69,784.00. the proceeds of which were used to purchaR." a residential property located at 310 Eleventh Street. New CUmberland. Pennsylvania 17070, which Note is attached hereto and m4rk~d exhibit "A", 4. Contemporam~ou81y with the execution of the aforesaid Note. in order to oecure paymt!nt of the sa_. Defendants _de. elutcured "nd <1.1 iV1!Hl!'d to On'lln...l Mortg49ltll. a certain r.al estate ",utqa..", which 18 tpcotded In the Recordflr of Deed. Office of i.'umic'@tl<lm'l f""lIlt.y. in MoH\laqli! Book 1022. P..~ 1128,. Tt\", llIOrtqage was assigned to Corestates Bank, N.A., as Trustee, for Pennsylvania Housing Finance Agency, pursuant to the terms of said Trust, and recorded as aforesaid in Book 401, page 896 on July 29, 1991. Said mortgage evidences the terms of said Note, the balance of which is set forth in paragraph four of this Complaint. The mortgage was assigned to Mellon Bank, N.A. The said Assignment is to be sent for recording. The Mortgage and Assignments are incorporated herein by reference. 5. Mellon Bank, N.A., is the Successor Trustee to Corestates Bank, N.A., under said Trust and has the power and authority to bring this action in mortgage foreclosure. 6. The land subject to the Mortgage is: 310 Eleventh Street, New CUmberland, Pennsylvania 17070, and is more particularly described in Exhibit "B" attached hereto. The Defendants are the sole owners of the said land. 7. The Mortgage debt io in default due to the fact that Defendants have failed to pay the installment due on February 1. 1996, and all subsequent installments thereon. and the following amounts are due on the Mortgage: (al Unpaid principal balance (bl Interest at $14.92 per day from 1/1/96 to 9/16/96 (based on a contract rate of 8.150\1 (cl Accrued/Accumulated Late Chargee and Late Charges at $23.'3 per month (dl Escrow deficit $66.802.21 1.8n.16 190.64 U.4S (el ~'Attorney's C~i..ion roTAL 3.140.11 $7.. JU. '17- .T~th.r with Int~r~st ~t th~ ~t di~~ r~t~ not~t In {hI a~~ve after September 16, 1996, and other charges and costs to date of Sheriff's Sale. 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 charges that are actually incurred by Plaintiff. S. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and to accelerate the loan balance has been given to the Mortgagors, but the Mortgagors have failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as Exhibit .c". 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 11940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. m BankAmerlca If you do nOI cure the default within THIRTY (30) DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE THE MORTGAGE PAYMENTS. This means thaI whalever is owing on the original amounl borrowed will be considered due inunedialely and you may lose the chance 10 payoff the original mongage in monthly inslallmenls. If full paymenl of the amounl of default is nol made within THIRTY (30) DAYS, WE ALSO INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO FORECLOSE YOUR MORTGAGED PROPERTY. YOU SHALL HAVE THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON.EXlSTENCE OF A DEFAULT OR OTHER DEFENSE THAT YOU MAY HAVE TO ACCELERATION OR FORECLOSURE. IF THE MORTGAGE IS FORECLOSED. YOUR MORTGAGED PROPERTY WILL BE SOLD BY THE SHERIFF TO PAY OFF THE MORTGAGE DEBT. If we refer your case to our attorneys. but you cure the defaull before they begin legal proceedings against you. you will slill have 10 pay the reasonable attorney's fees. aclUally incurred, up 10 $50,00. However. if legal proceedings are started againsl you, you will have 10 pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added 10 whalever you owe us. which may also include our reasonable COSls. IF YOU CURE THE DEFAULT WITHIN THE THIRTY-DAY PERIOD. YOU WILL NOT. BE REQUIRED TO PAY THE ATTORNEY'S FEES. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thiny-day period and fOfllClosure proceedings have begun, you still have the rigblto cure the default and PREVENT THE SALE AT ANY TIME UP TO ONE HOUR BEFORE THE SHERIFF'S FORECLOSURE SALE, YOU MAY DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS WEll AS THE REASONABLE ATTORNEY'S FEES AND COSTS CONNECTED \\IDI THE FORECLOSURE SALE (AND PERFORM ANY OTHER REQUIREMENTS UNDER TIlE MORTGAGE), It is eSllmaled thaI the earliest date thaI a Sheriff's sale could be held would be approximately October 16. 1996 A notice of the date of the Sheriff's ulc will be scnIIO)'\.'lU before the sale, Of course, the amount needed to cure the default will increase the Ion&u you wait. You may nnd out aIill)' li/u( uactly what the RqUil'Cd paymmt will be by callq IlS at 1-800-535.,5170 (toll free) This p.I}ment must be in cash, cashier's chec.... l.~rtirled chec.... or l1lODI:y order and made payable to us al the Iddreu $Wed abo~ Y c'll ''''-lUld ruliz1t !bat a ShttII1' \ sale \ifIll md YlU IWl'nerstlll" I\f the tnl'\rt,atnl rn-~ and ~'lUf r~ IU mnain in It If )'t'lU C\ll1iIlftJIt kl/rve 1ft tb: rn-'I"tft) afttr the Sbmtrs sale. a 1a\nU.t (,'Uk! be uartClllO nict Y\'lU A.''''''~''''''o.l'.~;''t;1;;t>'' lC-',-,~",,,_,,~.,,,, '~""..v-,. ,!oJ .' . .,;,.. "':~'l\'!'o ~:h.>>-:,..._"...., ..:'l\ .,.......t:-'t,.~ m BankAmerica amount of default is not made within THIRTY (30) DAYS, WE ALSO INTEND TO INSTRUcr OUR ATIORNEYS TO START A LAWSUIT TO FORECLOSE YOUR MORTGAGED PROPERTY. YOU SHALL HAVE THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING TIlE NON-EXISTENCE OF A DEFAULT OR OTHER DEFENSE THAT YOU MAY HAVE TO ACCELERATION OR FORECLOSURE. IF THE MORTGAGE IS FORECLOSED, YOUR MORTGAGED PROPERTY WILL BE SOLD BY THE SHERIFF TO PAYOFF TIlE MORTGAGE DEBT. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees. actually incurred. up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us. which may also include our reasonable costs. IF YOU CURE THE DEFAULT WlTIllN THE THIRTY-DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY THE ATIORNEY'S FEES. We may also sue you personally for the unpaid principal balance and all other sums due under the mongage. If you have not cured the default within the thirty41y period and foreclosure proceedings have begun. you still have the right to cure the default and PREVENT THE SALE AT ANY TIME UP TO ONE HOUR BEFORE THE SHERIFF'S FORECLOSURE SALE, YOU MAY DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS WELL AS THE REASONABLE ATIORNEY'S FEES AND COSTS CONNECTED WITH THE FORECLOSURE SALE (AND PERFORM ANY OTHER REQUIREMENTS UNDER THE MORTGAGE). It is estimated that the earliest date that a Sheriff's sale could be held would be approximately October 16,1996, A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course. the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at 1-800-535-5170 (toll free), This payment must be in cash. cashier's check, certtfied check. or money Ordef and made payable to us at the address stated above. You should real ill: that a Sheriff's sale "'ill end your ownership of the Il10Itgaged property a&l YtlUt right to remain in it. If you cOIlIinue to the In the pmperty after th!.! Sheriff's sale, a lawsuit t'l'U1d be started to eVIct )TJll y,>I.' h,He olJ..lllk\Nl n,llIS to help protect your Ullerl~l In lhe prnpert)' YOU ItAVE TIlE !{H;II r TO sru. litE l'\{OPERn' 10 OllrAts MONty TO VA Y 01"1' nu, MORTGAGE nUll OR ro BORROW MONH I'ROM ANIlIIII'R II.NI>ING INSnnlTlON TO PAY i\l r nus Ilt'lll (YOP MAY IIAn tltl' Imiln TO Sf'U, OR TF:\NSH:R THE I'ROI'.,IHY SI'IUITT Tn TIll ~tnRrG,\til 10\ rll'YFR OR1R:\SSlTRH, WHO ,:', ~ .,:,~ ~-. ~ t,~ -': t'.:...:. ! ., ,; v... _ c;~ COMPANY NAMBI BANK OF AMERICA, FSBSERVICING AGENCT FOR Mellon Bank, N.A.. VERIFICA'1'IOR I verify that the atatementa made in tha foregoing Complaint are true and correct, I underatand that falae atatement. herein are made aabject to the penal tie. of 18 Pa, C,S, Section tg04 ralating to un.worn falaification to authoritie.. Dated I 9-13-96 By ...... Title Vice President , . MELLON BANK, N.A., AS SUCCESSOR TRUSTEE, for PENNSYLVANIA HOUSING PINANCE AGENCY, PLAINTIFP IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA VS. NO. '/(. ',hl ('" d ..- It. n. ROBERT D. POLITES and VICTORIA J. POLITES, DEPENDANTS CIVIL ACTION - LAW - 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, 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. ctlMBERLAND COUNTY Court Administrator, CUmberland County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 ' NOTIClA Le han demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende. la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y par cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 ctres derecho8 i~portantes para usted. LLEVE ESTA DEMANDA A UN AliODAGO IMMEDIATAMENTE. 51 NO TIENNE ABOGAD 0 51 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFIClNA CUYA OIRECCION 5E ENCUENTRA !:SCRIOA ABAJO PARA AVERIGUAR DONDE SE PUEDt C'O."iSEGUIR ASSISTENCIA LEGAL: CUMJpt.AND COUNTY Court Administrator. CUm~rland County tourthouse c.ulisl~. Fa. POll.. (111\ ~40'''.lO" MELLON BANK, N.A., AS SUCCESSOR TRUSTEE, for PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA VS. NO. ROBERT D. POLITES and VICTORIA J. POLITES, DEFENDANTS CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff is MELLON BANK, N.A., as Successor Trustee, for Pennsylvania Housing Finance Agency, pursuant to a Trust Indenture dated as of April 1, 1982 ("Trust"), which has its principal place of business at One Mellon Bank Center, Pittsburgh, Pennsylvania 15219 with a servicing agent of Bank of America FBS, having an office at P. O. Box 26388, Richmond, VA 23260-6388. 2. Defendants, ROBERT D. POLITES and VICTORIA J. POLITES are both adult individuals whose last known address is 310 Eleventh Street, New CUmberland, Pennsylvania 17070 and/or 65 Buckthorn Drive, Carlisle, Pennsylvania 17013. 3. On or about July 22, 1991, Defendants executed a Promissory Note ("Note") in favor of Sovran Mortgage Corporation ("Original Mortgagee") in the principal amount of $69,784.00, the proceeds of which were used to purchase a residential property located at 310 Eleventh Street, New CUmberland, Pennsylvania 17070, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with the execution of the aforesaid Note, in order to secure payment of the aame. Defendant. made, executed and delivered to Original Mortgagee. a certain real estate Mortgage which iB recorded in the Recorder of Deed. Office of Cumberland county. In Mortgage Book 102J. Page 111&.. The mortga~ was assigned to Corestates Bank, N,A., as Trustee, for Pennsylvania Housing Finance Agency, pursuant to the terms of said Trust, and recorded as aforesaid in Book 401, page 896 on July 29, 1991. Said mortgage evidences the terms of said Note, the balance of which is set forth in paragraph four of this Complaint. The mortgage was assigned to Mellon Bank, N.A. The said Assignment is to be sent for recording. The Mortgage and Assignments are incorporated herein by reference. 5. Mellon Bank, N .A., is the Successor Trustee to Corestates Bank, N.A., under said Trust and has the power and authority to bring this action in mortgage foreclosure. 6. The land subject to the Mortgage is: 310 Eleventh Street, New CUmberland, Pennsylvania 17070, and is more particularly described in Exhibit "B- attached hereto. The Defendants are the sole owners of the said land. 7. The Mortgage debt is in default due to the fact that Defendants have failed to pay the installment due on February 1, 1996, and all subsequent installments thereon, and the following amounts are due on the Mortgage: (al Unpaid principal balance (b) Intereat at $14.92 per day from 1/1/96 to 9/16/96 (baaed on a contract rate of 8.1S0" $66,802.21 3,'''.36 (e) Ac<:rued/AcC\llllUlated Late Cb4rg-ea and Late Cb4rgn at $23.13 per lIlOt\th (d) lacrow deficit ee) 5' Attorney'. commis.ion 190.64 84.4$ ].1.0..11 TOTAL $74, 2U. 7"- -Togetller with interfi>st at the per \It",,,, ntt' noted in Ibl above after September 16, 1996, and other charges and costs to date of Sheriff's Sale. 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 charges that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and to accelerate the loan balance has been given to the Mortgagors, but the Mortgagors have failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as Exhibit .c". 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 11940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payment. Program) and Defendants have either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. m BankAmerica If you do not cure the default within THIRTY (30) DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE THE MORTGAGE PAYMENTS. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, WE ALSO INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO FORECLOSE YOUR MORTGAGED PROPERTY. YOU SHALL HAVE THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON.EXlSTENCE OF A DEFAULT OR OTHER DEFENSE THAT YOU MAY HAVE TO ACCELERATION OR FORECLOSURE. IF THE MORTGAGE IS FORECLOSED. YOUR MORTGAGED PROPERTY WILL BE SOLD BY THE SHERIFF TO PAYOFF THE MORTGAGE DEBT. If we refer your case to our attorneys. but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees. actually incurred. up to $50.00. However, if legal proceedings are started against you. you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us. which may also include our reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY.DAY PERIOD. YOU WILL NOT. BE REQUIRED TO PAY THE ATTORNEY'S FEES. We may also sue you personally for the unpaid principal balance mI all other sums due under the mortgage. If you have not cured the default within the thirty-day periodml fOfC!closure proceedings bave begun. you still have the ri&bt to cure the default mI PREVENT mE SALE AT ANY 11MB UP TO ONE HOUR BEFORE THE SHERIFF'S FORECLOSURE SALE. YOU MAY DO so BY PAYING mE TOTAL AMOUNT OF THE UNPAID MONlllLY PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE. AS WELL AS THE REASONABLE ATTORNEY'S FEES AND COSTS CONNECTED WITH THE FORECLOSURE SALE (ANI> PERFORM ANY OTHER REQUIREMENTS UNDER TIlE MORTGAGE). It is cSlunated lbat the urticst date that a Sheriffs sale could be held would be approximately October 16, 1996. A tlOlic:e of the date of the Sheriff s saJe will be sent to you before the sak. Of course. the amourll needed to cure tbe ~ffI,1t will inacase the Jonacr you wait. You may rlld autulD1 tunr: uactly ~ tbe required paymmt will be by aIIina us It 1-8Ol).5JS-mO (1oIt me). This I'l}tnelll ftNSl be in c:&1Il. casbkr's ched. c:mifiN cIltck. or ~ order ml nude payable to us It tbe IIItJraa SWId iIlow \,,>u ~~ mliK that a Shmtfs We will fill J'lIIt ~nmhlr of thI! ~ p~t) ml )\'Ilf flJllt to l'UNtft m II If ~ <<lIlI... to bw in tbe ~ after thI! SbrriIf's saJr. a ta.1ldt ~1'lUld .. ~ lO nil't }\1\1 ~.,...."._.;; -' '."""':iI'lo-7 .. ;"~HI''''''' A.<!!".. '.~ t,........... 4 f~;;t.:: 1'.... '11,..... ,,;-,, -."',..'...... I;:"'l \......,'.. 'eW~ OJ BankAmerlca COpy April 16, 1996 NOTICE OF DEFAULT AND NOTICE OF INTENTION TO FORECLOSE Under Section 403 of Pennsylnnla Ad 16 of 1974 TO: Victoria J. Polites 310 Eleventh Street New Cumber1an, PA 17070 Loan No, 0001716927 Mortgaged Premises: 310 Eleventh Street N~wCumberlan. PA 17070 The MORTGAGE held by Pennsylvania Housing Finance Agency (hereafter we. us. or oun) on your ptOj)o;ity noted above IS .Mortp&ed Premises. IS IN SERIOUS DEFAULT ~ you have not made the momhIy payIIleIlU of $595.83 for the mouh1 of February. March and April 1996 . Late charges (and other cbarJes) have also acaucd to dlis dale in the IJDOtIIIt of $47.66. The total IIDOWll now n:quired to cure dlis ddau1t. or in other warda. act caupt up In your paymencs.1S or the date ofdlis 1cUer.1s $1.787,49 (pI)'tDCIItS) + $47.661111: dwaa (and other charges) · $1.835.15 IF YOU CARRY ANY TYPE OF OPIlONAL INSURANCE (1UCb IS beaIdl and "(' v_. accw.....1 death. or other life Insuraocc). THE AMOUNT DUE ON nus INSURANCE is not included in the total dellncp~ SIaICId allow. If you have ~dOt.. about dIis OClCil..l*1 insurm:e. call our Opdonallnlunnte Dcpa~ at (804)289-3601, Yau may cure dlis defat&lt widlln THIRTY (30) DAYS of the dale of dIis IeGer b7 IlI1iIIIIO .. the aboYe ~ of $1.135.15. plus IIlJ .Mil.. IIlI(loIlNy l-1..-b and '* dlat,a ~ may fall. ... tIIia period. &Ida ~ .... .. .... by c:aIIa. ....~.. cMd. CIa1ifted cbed. or moM, onkr flIJII* 10 Bulk of Amcric:a. fSB. HI0 N, ParMm Rd.. R1c1lnlt1xllt. V1rJ_ 23294-4400 If Y\.'lll do ftl.ll cure lbe IkfauII .... nun (10) llA YS. WE INTEND TO EX'ERC1SE OUR RtGHT TO ACCElERATE nm MORTGAGE PAYMf..NT$ ". __... w"- . ..d .. l~" 01'1 lbe an,iNIlI'Il ~ bmu JIN will be cOOf~t fN . 1 I Jim., .. ,. .., _ \he (fie<< to .,., oft'lbt (lI~ ....,,~ ill ....., ."', UI. If... pi)... of lbt ~~. "'...... . ~ l'!!t~.... ~ .--..... 'ltM: 'fJ,~ .....~H* ~A~ ~;\._~...,,_~ m BankAmerica amount of default is not made within THIRTY (30) DAYS, WE ALSO INTEND TO INSTRUCT OUR ATIORNEYS TO START A LAWSUIT TO FORECLOSE YOUR MORTGAGED PROPERTY. YOU SHALL HAVE TIlE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR OTHER DEFENSE THAT YOU MAY HAVE TO ACCELERATION OR FORECLOSURE. IF THE MORTGAGE IS FORECLOSED, YOUR MORTGAGED PROPERTY WILL BE SOLD BY THE SHERIFF TO PAY OFF TIlE MORTGAGE DEBT. If we refer your case to our attorneys, but you cure the default before they begin legal proceOOings against you. you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceOOings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fccs will be added to whatever you owe us. which may also include our reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY-DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY THE ATIORNEY'S FEES. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, If you have not cured the default within the thirty~y period and foreclosure proceedings have begun. you still have the right to cure the default and PREVENT THE SALE AT ANY TIME UP TO ONE HOUR BEFORE THE SHERIFF'S FORECLOSURE SALE. YOU MAY DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY PAYMENTS PLUS ANY LATE OR OTHER CHARGES THEN DUE, AS WELL AS THE REASONABLE ATIORNEY'S FEES AND COSTS CONNECTED WITH THE FORECLOSURE SALE (AND PERFORM ANY OTHER REQUIREMENTS UNDER THE MORTGAGE). It is estimated that the earliest date that a Sheriff's sale could be held would be approximately October 16. 1996. A notice of the date of the Sheriff's sale will be sent to yoo before the sale. Of course. the amount needed to cure the default will increase the longer you wait, You may fmd out at any time exactly what the required payment will be by calling us at 1-800-535-5170 (taU free), This payment must be in cash. cashier's check. ctnifled dll:Ck. or money order and made payable to us at the address stated above You should realize that a Sheriff's sale ..'ill end }'1.1UI' ownenhip of the rnortIastd pn'lptrty a.loJ your right to remain in it. If you cot1linue t{} Ih-c in the Jlf\\{'efty after the Sheriffs sale, a b'#owit could be swted 10 evict you y llU ha\~ addilk1l\ill rirhts I\l help pn>le\:t Y\lUl: \l'lt('tUt Ul the P<<'PCrty. 'tOP IIA Vii THE RJGHT TO SEU. TilE l'ROPt:RfY ro olHAIN MO.~EY TO PAY Of't' nn.: MORTUAGl, nun OR TO BORROW MONJ:Y "tOM ANOtHER LENIllNG INSllTvnON TO PAY OfT THIS nFBT IYOU MAY IIA\"I T1tE RIGHT TO SH t OR TRANSFER Tnt-: I'ROrtRTY SHnJlTT Tn flit MOIHt1AGI. 10 A BUYIeR UR ftt.\s'S-11.Rrr WUO t:liJ4;"h:l'''~'_ ; ,~,,," t.~" 1. ,., "\ .F'''' . ~ .," '.,. "