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HomeMy WebLinkAbout00-02555 J~'- . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Banc One Consumer Discount Company 8604 Allisonville Road Indianapolis, IN 46250 v. Michael Kotz 42 W. willow Street Carlisle, PA 17013 ,-,-'. ,'",. .~--. ,,"~--~-- ,I~ ,~',;.;."-,,~__,',,, -'';'.\_' -"._~ . _,&~""",-t;;1 Attorney for Plaintiff Cumberland County Court of Common Pleas 00 -'::<S5S Clu~L y~ Number CIVIL ACTION/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 HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de La fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado Y entregar a la corte en forma escrita sus defensas 0 sus objeci ones alas demandas 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 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos import antes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIA TAMENTE, SI NO TIENE ABOGADO 0 SINO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ,',,' -",' ."'" .- , <' , ,- ~_J-_ cd-/' ,', - ,-~ '~'~'-,',,;.L "[I McCABE, WEISBERG AND CONWAY, P.C. BY, TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 philadelphia, pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Banc One Consumer Discount Company 8604 Allisonville Road Indianapolis, IN 46250 Cumberland County Court of Common Pleas v. Michael Katz 42 w. willow Street Carlisle, PA 17013 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Banc One Consumer Discount Company, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Michael Kotz, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 42 W. willow Street, Carlisle, PA 17013. 3. On October 14, 1996, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1347, Page 85. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 42 West willow Street, Carlisle, PA 17013. . 'en__ ~- -~_o_l I, > 'L^~<-""'~ C<-'~_"".",~,~...,I' ~", ~, 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due October, 1999 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest 10/99 through 1/27/00 (Plus $.90 per diem thereafter) Attorney's Fee Late Charges (10/99 through 1/27/00) Cost of Suit Appraisal Fee Title Search GRAND TOTAL $2,238.75 $ 99.99 $1,500.00 $ 439.20 $ 225.00 $ 125.00 $ 200.00 $4,827.94 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. ~403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "B. II "'- " " ~- ',~ , 0 ','1,,;-.._;,,, ~,_ ,",,"~,,' -,-,,,,",, "I--~-:~",-,-,I o'-",,'L; WHEREFORE, plaintiff demands Judgment against the Defendant in the sum of $4,827.94, together with interest at the rate of $.90 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. ~~, ~/~ TERRENCE J. cCABE, ESQUIRE Attorney for Plaintiff ,O~- I, '-I --, ~ '&J VERIFICATION The undersigned,Susan Hetland, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, , Bane One Consumer Discount Compeny . , , and that she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. ~4904 relating to unsworn falsification to authorities. (\11N)~ r\&1tuYJ/ SUSAN HETLAND ,,,ls.y ;''Iy", IV, I. C~~G3P5) 1l\.N~I-~d ~ fi1 MORTGAGE THiS MORTGAGE is made on 'H ,10,1.14, ,1,1,996"" MICHAEL KOTZ . H HHH....... .. .::)iJ:o::r::Si~Tjj(i:::::............", H"':: :..:::::::::::::::::::::: ,::::"::::" whose address is ,4"WgSJ:,\vlkI,QW.S,TMEJ:.. H" H'.'."". H"'..., f:;i\!lMS,r,.jj; :r....: :iZQb::: (herein "Borrower~). and the Mortgagee, I?~.q 9p.~ ~PA~Vp::1~r.P'i,s.qq1:lnt. ~QP:1P.<~I)Y....,..,.,..,.... ,.. a corporation organized and existing under the laws of the state of . P'~~"'(.I,.)!,^N\b............... .......". whose address is ,lQ19. W:~~l.e)! .1l.r:iY~ .~1*~,~.. .,....",................. ..M~QMij::.s~Qrg.P.~.. J7.Q.?'.-.l.~~~.,..,. (herein "Lender"). nO__ ..___, ,JJ" between the Mortgagor. WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 5,385.00 which indebtedness is evidenced by Borrower's note dated lOlt411996 ,.......".........,..,.... 'an(lexte~sicns'aniirenewais thereof (herein "Nolea), providing for monthly installments' 'of'prh1clpat' and' i~te~i; 'with' 'th~ 'baiance of the indebtedness, if not ,ooner paid, due and payable on ,1,1/01(2,090..", 0.."",. ; TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with the interesl thereon; the payment of all other sums, with the interest thereon. advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender the fallowing described property located in the County of..".,...,. ~~~~~~l?..,.,',.,... ' State of Pennsylvania: See attached for legal description LEGAL DESCRIPTION ALL THAT CERTMN PROPER TV SITUATED IN THE BOROUGH OF CARLISE, WARQ 3, IN THE COUNTY OF C:UMBERLANO AND COMMONWEALTH OF PENNSYLVANIA. BEING MORF FULLY DESCRIBED IN A CEED DATED 08/23/90 AND RECORDED OB/27/90. AMONG THE LAND RECORDS 01 THE COUNTY ANO STATE SET FORTH ABOVE, IN DEED VOLUME 934 AND PAGE 118B. TAX MAP OR PARCEL 10 NO.: 04-~2-0483-095 ADDRESS: 42 W WILLOW ST.; CARLISLE. PA CD en '0 ; c-> -f ,... c:c ..:: <= ~ i~ :.-~\ rngg ~:u rl ~o~ Z;11 -I o ;v ;n (")or-.l 0-'1- c:: 0 r~i ZfT1~ ~ I'"t~ r'l"' --;~;,..J i= ." ::3 ...... "" '"C::> ,<0 illll -,c, -~, r H\Lt 'J \~: j\,. U' wbich has the address of. ," Pennsylvania., nqp .,.",. [ZipCoue] .. ~,UW1-:\,{\JA.QYf. gRWi1-:,."..".,."..,.,." [Street] (herein "Propert)' Address"); .c;@),\sMl,',.,. [Ci~J TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and reots, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully sei1ied of tll.e estate hereby conveyed and has the tight to mortgage, grant and convey the property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the tit1e to the Property against all claims and demands, subject to encumbrances of record, IPENNSYLV ANrA-SECOND MORTGAGE. 1/80 - FNMAIFffi,MC MODIFIED INSTRUMENT I Booxi347 PAGE 85 Form 3839 Rev, 9/95 (Pc!ge I of 4) ~ . , -lisl "P\~ '.it..: . , '~l.~ ~~....... ~,~......i.............."~. " _..i ,,~ "l;;i .,,,,,," l t..... ,<.:-~, '} UNIFORM COVENANTS. Borrow... anJ... ...ender covenant and agree as follows: <::.-1 ...' " 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness,evidenceJ by the Note and late charges as provided in the Note, 2. Func:ts for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shaH pay to Lender on the day monthly payments of principal 'and ime~est are payable under the Note, until Ihe Note is paid in full, a sum (herein "Funds") equa!. '~o one-twelfth. of the yearly taXes 'and assessments (including, ~on<;lominium and planned unit development assessments,if any) which may attain priority over this Mortgage and ground reilts 'on the Property, if any, plus one~twelflh of yearly premium i:ns,tallments for nazard insuraIJ.ce, phis one-twelfth of yearii premiutl). instalil!\ents for mortgage tnSllrance, if any, all as reasonably :estimated initially and from time to time by iLender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such 'Payments of Funds to Lender to th~ ex.tent that Borrower makes such payments to tbe holder of a prior mortgage or deed Oftntsl if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposi,ts or accounts of which are insured or g1.Iaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lcnder shall apply the Funds to pay said taxes, assessment~,insurance premiums and ground rents. Lender may not charge for so holding and applyi;ng the Funds,analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may ,agree in writing at me ttme of executio!l of Ihis Mortgage mat int:ercsI on the Funds shall be paid to Borrower. and unless such agreement is made or applicable law requires such interest to be p~d, Lender shall not b~ required to pay ~orrower an)' interest or eanrings on the Funds. Lender shall give 10 Borrower, witho~t charge, an annual accounting of the Fund showing credits and debits to the Funds and tbe purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this'Mortgage. If the amoun~ of the Funds held by Le!lder, together with the future monthly installments of Funds payable prior to the due dates of taxes, as~essments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiufns and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay :taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary ',to m~e up fue defidency in one or more payments as Lender may requi.re. Upon paymerit in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the P~openy is otherwise ac.quired by Lender, Lender shaH appty, no later than i[D1lledlately prior to the sale of the Property or' its ac~IDsitiOJ1 by Lender, any Funds held by Lender at the time of application 'as a credit against the sums secured b~ this ~orlgage. \~. , 3. Application of Payments. Unless applicable law provides otlierwise, all payments received by Lender under Ihe Nole and paragraphs 1 and '2 here.of shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof; then to interest payable to dale of actual payment; then to principal due; and last, to any late charges due under the Note, 4. Prior M01gag~ and Deeds of Trustj Chargerj Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed ~f trust or other security agreement with a lien which has priority over this Mortgage, including Borrower'S covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and impositions aurib\:ltable to the Property which may attain a priority over this Mortgage, and l~asehold paymenls or ground rents, if any. 5. Hazard Ins,urance, Borrower shall keep the improvements now existing or hereafter erected on the PropeIlY insured against loss by fire, hazards included within the term "exlended coverage~, and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance :carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, thai such approval shall not: be unreasonably withheld. All insurance policies and renewals thereof shall be.in a fonn acceptable to Lender and shall include a standard mortgage clause in favor of and in a forrd acceptable to Lender, Lender s~all have the right to bold the policies and renewals thereof, subject to the terms of any mortgage, dbed of trust or otber security agreement with a lien wbich has priority over this Mortgage. f. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower, If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized. to collect and apply the insurance proceeds at Lender':; option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6, Preservlltion and Maintenance of PropertYi Leaseholds; Condominiumsi Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration or the Property and shall comply with the provisions of any lease if this Morlgage is nn a leasehold, If this Mortgage is on a unit in a condominium or a planned unil development, Bon:ower shall perform all of Borrower's obligations under the declaration or covenants creating or governing [he condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents, 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contai~ed in this Mortgage, or if My action or proceeding is commenced which materially affects Lender's interest in the Properly. then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, Including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for sucb insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7; with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by thi,s Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, Nothing contained in this paragraph 7 shall require Lender to incur any expense or take ,any action hereunder. 8. Inspection. Lender may make or ,cause to be made reasonable entries upon and inspections of the Propeny, provided that Lender shall give Borrower notice prior to any such inspection_ specifying reasonable cause therefor related to Lender's interest in the Property. 9_ Condemnation. The proceeds of any award or. claim fo.r damages, direct or consequeatial, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shaH be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement ",ith a lien which has (Page 2 of 4) BooKi347 PAGE 86 --1lIiliIilIlIiiI ...... .. ~ ~" -~ L. . ~ I ,-- > it! . (;) 1";;'1 ~ , 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Bonower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or, remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors Bnd Assigns Bound; Joint and Several Liability; Co..signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the tetms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasiog that Borrower or modifying iliis Mortgage as to that Borrower's. int'erest in 1he Property. 12. Notice, Except for any notice required under applicable law.to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailings such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and 10ca1laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event fhat any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' feesd include all llUms to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a COi.ormed copy of the Note and of this Mortgage at the time of execution or after recordation bereof. 15. Rehabilitation Loan Agreement. Borrower shall ;fulfdl all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement wbich Bonower enters into with Lender. Lender, at Lender's option,may require Borrower to execute and deliver to Lender, in a fonn acceptable to,Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower 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 Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal Jaw as of the date of this Mortgage. rf Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Upon Borrower's br~of any covenant or agreement of Borrower in this Mortgage, ineluding the covenants to pay when due any sums secure, tbls Mortgage, ~nde.r prior to acceleration shall give nGtice to :Borrower as provided by applicable law specifying, :amon ,hther things: (1) the breach; (2) the action required tL cure such breach; (3) a date, not less than 30 days from the date ~he notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such a breach on or b~rore the date specified In the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale qf the Property. The notice shall further iofonn Borrower of the right to reinstate after acceleration an4.,the,right'to asSert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acc~l~tion and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all or-the smns secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by Judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not Iimite4 to, reasonable attomeys' fees, and.costs of doi:.umentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale contained in this Mortgage or (ii) entry of a judgement enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall con.tinue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rentsj Appointment of Receiver; Ymder in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rellls of Property, provided that Borrower shall, 'prior to aoceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of Property iIlcluding those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those (page 3 of 4) Rnnd ~&7 p~ R7 .,(,,,," , I_~ 'j , 4~ . 20. Release. Upon payment of all sums' secured by this Mortgage, Lender shall dillillr:u.ge'iliis Mortgage wittf.lut charge to the Borrower. Borrower shall pay all costs of recordation, if any. 21. Interest Rate After Judgement. Borrower agrees that the ipterest rate payable after a judgement is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 22. Funds for Taxes, and Insurance. Paragraph 2 of this Mortgage relating to Funds fur Taxes and Insurance is waived. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage. deed of trust or other enc1unbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. Witnesses: 1\M(l1..dJ?,~~~.A,(.!.~ .., ,'... .", ~'Ch 1"- S~"- _ .. . . .~\~, 1t\hO 5- \htt:. I Mlc~tiolf:.... ........ ,., M Borrower ~. '..... .~.,..,......,..,..........,.,....,..,.........., - Borrower .,......",.. - Borrower ..,'.."..".."...,..."....".""......."."", ,.,..,.......,.,.... - Borrower I h b ertify that th 'e ddr s f the LAnd (M rt ) . . IOlO Weslev Drive Suite 5 ere yc e~recls a es 0 ........ er 0 gagee 15.....,...,...,:-1"".".".,.....,..,."".... M;~,'!Ji,~~\\'~ p.~. F9. ,~~P?~... ...."..............,..........,.."'."..,, .".:'...,..."... ".. ::A"{ On behalf of the Lender. By:, .."..,'.."",., '.....".,...""...,., ,. .."..,., ,." .TItle:,., ,.. ,. ',.~.' '~r.t~~.;.i. .-r:c..;~;. ?- \)A"'\:\ N'."'~ COMMONWEALTH OF PENNSYLVANIA, ..".....~)>I,~... 1......"....",...,...... County SSl<;'O , ffi\i'\~r.. On this the..,\.1fu..day ofO.d'II\;;1l,... ,)~~!q.. heroteme, .......,..,.,....".,.~\.,":~, an undersigned officer, personally appeared ~~~. ~9~~".. ,: .,.."..""",,,,.."...,,,.,,,.. ,,!t,;;. , . . " . ~'. hc;~'~' b~ (~; ~~ti~f~~~rii; .~~~~) 't~ 'b~' ili~' P~[~'~~' ~h~~~ ~i) .i~i~ ~tib~~rib~ ~~. b~ ~fufu' : ' . that hehlu.'!l:.e) executed the same for the purposes herein contained. . "f:~-:'.,..,., ,....;:;:!)~..,',.,' I..;.~,.it;;..:,.,.".,' ~\~ \.~l' ~ . ~~', ;a~~ ,:'"', "' ~J ~~"~ ." "';;.:iZ'j. ~,,\,,~... 'Ii.".,,,,..,.,..,... ..' '#",,'"":,:;,,- ..)\),.""~,,,......... f\ .....1. ~ii\f~.;.:;,j( ..',..",... . "an~ acknowledged IN WITNESS WHEREOF, I hereunto set my hand and official seal, ., ~:rARIALSEAL . ~ 0/ My Commission expIreS: ,..v-fA.' ~1lO:rAEl~P.U~~~.. f\lli\.i .1 tAb.~~.It~U~~7 "1" , .... , ......., , .. ..... NO:rARIALSEAL __ Qt\111l ....... . tleofOfficer KAY M. MOSTOLLER, NOTARV PU Same,,"! lloroug!\, S.m.rset County, PA My Commission ExpIre. JuIy'14, 1997 (Space Below This Line Reserved For Lender and Recorder) :~-~'f,';"'~ nf Pennsylvania } ".' 1:":; '{ of Cumberland SS . ".:;"d.d in the offjc. for tho racording of D." .. , ".' for:fi7j' ~rl""d Counly~~ :~:!;:.;; ...., , ',n',',,'v 1 ... ~\)Ok 01 ,- Pa,'. ~~":,"~ f". 'f- ~- 'I . '."':,...: '~'V h&nd aOdf"1 of OffiC'(jJ"" .. '. . ." ..,.,J", PA tl1,. /1 day of <:V" 1 ~R :.'..1,;.,.1'11',..., ,:':i;.',:~~'.'.'//~:~ " ~ ". ' " 88 (PO" c' ,...~ _I, 'V:b March 7, 2000 Michael Kotz 42 West Willow St. Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEAP) may be able to help to save your ~ This Notice explains how the program works. To see if HEAP 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 hone num er f Consumer Credit Counsel at the end of this Notice. If ou have an uestions ou ma call . toll free at 1-800-342-2397 Persons with im aired hea 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 NOTIFICATION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASE. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYL VANIA 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 SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOl,lNT NUMBER: ORIGINAL LENDER': CURRENT LENDER/SERVICER: Michael Kotz 42 West Willow St.. Carlisle. PA 17013 2180200 Hill Financial Savings Association Banc One Financial Services ,,' -I ilL. 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 THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEF AUL T 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 PENNSYL VANIA 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 agencies listed at the end ofthis 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 desig:nated 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 immediately of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one ofthe designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN 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 -<'L --.."-". ~~. o. , ~ ~'i.c proceedings will be pursued against you if you have met the time requirements set forth above. You will be notiJied directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at 42 West Willow St., Carlisle. PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: Approximately $148.48 for the months of October 1999 through February 2000 Other charges: TOTAL AMOUNT PAST DUE: $742.40 HOW TO CURE THE DEF AUL T-- Y ou may cure this default within THIRTY (30) DAYS ofthe date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $742.40. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERlOD. Payments must be made either by cash. cashier's check. certified check or money order made payable and sent to: Susan Hetland Banc One Financial Services 8604 Allisonville Road Indianapolis, IN 46250 IF YOU DO NOT CURE THE DEFAULT--Ifyou 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 tlle chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incun'ed, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomey'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 vou 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. ~~.- -~ ~........... ~ . ,-<~l i!,-!.: RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the ri~ht to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 5 month from the date of this Notice. A notice of the actual 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 or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Bane One Financial Services Address: 8604 Allisonville Road. Indianapolis. IN 46250 Phone Number: 1-877-288-8395. Ex!. 87994 Fax Number: (317)288-4 IO I Contact Person: Susan Hetland EFFECT OF SHERlEF'S SALE--You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION Of MORTGAGE--You mayor X 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. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. - TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. - TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD OCCURRED, IF YOU CURE THE DEF AUL T. (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. 1_., -Iii FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days fr0111 receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER Z 414780047 RETURN RECEIPT REQUESTED 11m , PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 Z 414 780 047 .' US Postal Service . Receipt for Certified Mall No Insurance Coverage Provid~d. Do not use for International Mall See reverse Sentta , Post Office, State, & ZIP Code Postage $ Certified Fee Special OeI'NeT'j fee Restricted Delivery Fee ~ Return Receipt Showing to ~ Whom & Date Delivered "C Return Receipt Showing to Whom, ~ Date, & Addressee's Address g TOTAL Postage & Fees $ co. C') Postmark or Dale E Ii: UJ "- . -- ~",""jf, " , , " , , , , " '! " " ! ' ' - , - -- 1 . , ' ' "~: ' I 0, -"..,' r " - ", '" , ' . Complete items 1, 2, andS:Alsocdliiplete Item 411Restrlcted Delivery Is desired. . PrInt your name and addreSs on the reverse so that we can return the card to you. . Attach this card to the back 01 the mailplece, or on the lront II space permits. 1. Article Addressed to: ~\~~~e.\'<-a~ ~ \..,\'j~ ~J..;. ~\ ~a~ ~ ~(\~~e., I ~~_ . . (lC)\3 ()~l 2'-7" ~u~ {C~rroge~()) PS Form 3811, July 1999 . o Agent o Addressee DYes D No 3. Service Type Ij( Certified Mall 0 EXpress Mall E::iRegistered 0 Return Receipt for Merchandise D Insured Mall D C.O.D. 4. RestrJcted Delivery? (Extra Fee) ( 6~) Domestic Return ReceIpt DYes 102595-99-M-17B9 Rlilir~ltllitlllilllll!tlMli!'l,~_.MrJi~""~I~l:;ib~!liIi!iIrii/I;l1l~,*,i.<,~".i,;,_,-"'-"-{-e''''H~~,,,'1i5"'-""'d""'liillliJ-IW&\Iif:__~lllilllil' -iWl ~~" u',". -~"'~....~._, ~ = ~-..... ~-w'1iIl1liil1il ~-~ -" 70 ~ ~ ~ (:( ,~ ~ (") C:J 8 c r::.:; c: ':1 ~ 8 ~ --'-- ,._-, .a \}r 1."1_1 !c ..t ~ L' 8 I Z i',,-) ~ I',^, ~ V c', ~ V:l -- b' r c' :r,.,., ~ ~< ~ ~ .....:.~ ,.,.-'" ( H . ~ ----=.:.: ~ '~,. -~ ,- -< ~~,..~.~ ,,~ .. "..~ ^-~..,-,~ .~ -. ", .~ 1__,_. ~ "'_ H.'" ,_~, . . ~- ,- ~--,", SHERIFF'S RETURN - REGULAR CASE NO: 2000-02555 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANC ONE CONSUMER DISCOUNT CO VS KOTZ MICHAEL RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KOTZ MICHAEL the DEFENDANT , at 0832:00 HOURS, on the 4th day of May , 2000 at 42 WEST WILLOW STREET CARLISLE, PA 17013 by handing to MICHAEL KOTZ a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answer~~~ R. Thomas Kline 05/05/2000 MCCABE WEISBERG AY Sworn arid Subscribed to before By: lne this ~ day of 7ka.;. ~ Q.~. 07h.,ee, rothonotary A.D. ~, L~ ~..y __'o'j - McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANC ONE CONSUMER DISCOUNT COMPANY V. CUMBERLAND COUNTY COURT OF COMMON PLEAS MICHAEL KOTZ NUMBER CV-OO-2555 Defendant ORDER TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter discontinued and ended upon payment of your costs only. TERRENCE Attorney ~iaL.:ili:"-( 'j""" liliIIiliI,'ilih7"~~\' :,..,-- -.1~'riii Wi -=, 'MjAii.II-'" ".~ 'lli'" ~- -" " J_ --, " ~ . o ~ ;F~ 7~~~; Z::r~i L~ ,_ (./,2- -<-', r::: l-:'--, ~(, ,.{'-:;-. )>t~ -7 ::::t -< ," (..,.:-' o ,.r,,, ----_:! "'~, -""- .' "-'1 1,1 I I , " - . . , l I I , I I ill r II II I II I II '. H I I c-' Tl ,~ ; ~- 'v , '<\~~!) .:,-fj -;., C'J ,::;,'-.1 ~;~ '0 :< " , '-~ :;1 CD