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HomeMy WebLinkAbout98-03392 I \ J I ~l -:-.;.1 ~\ tl' ~l I ., i ~ I I I ~ \. ~ ~ ~ ~ ~ ~ ~ ~ I;. ~\;, ",(, 'lob, 'ii., . ~ , , \ 1 (' , ~\. ,J \J. :1 I I '< .......... , .-;) 'j '-.L I .....11 ~ 1 Q..J ~jl ;.' ~ ~ .~,\J "C!,~ THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C Plaintiff IN THE COUIlT OF COMMON PLEAS CUMBERLAND COUll'l'Y / pgNNSYLVANIA NO. v'S ::? ?I." I ,_7":;/ c/-- (I( (,', e -, VS. CIVIL ACTION - LAW IN MORTGAGE FOIlECLOSlJllE NANCY A. MCDILDA Defendant THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE A'l"I'EMP'l'ING TO COLLECT A DEBT OWED TO OUR CLIEN'I', ANY INFOIlMNl'ION OBTAINED FROM YOU WILL BE USED FOR 'I'IIE PURPOSE OJ" COLLECTING THE DEBT. NOT ICE You have been sued in court. If you wioh to defend againllt the claimo oet forth in the following pages, you muet toke action within twenty (20) dayo after the complaint and notice are served, by entering a written appearance peraonally or by attorney and filing in writing with the court your deCeneeo or objections to the claims set forth against you. YOU are warned that if you Coil to do so the case may proceed without you and a judgment may bll entered against you by the court without further notice for any money cleimlld in the Complaint or for any other claim or relief requested by the PlaintifC. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. It' YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TilE OFl"ICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. a Irvine ROW, carlisle, PA 17013 717-243-9400 A V ISO LE MAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO, PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA, POR RAZON DE ESA DECISIONf ES POSSIBLE QUE USTED PUEDA PERDER, DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO/ LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOSlf 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal services, Inc. a Irvine ROW, Carlisle, PA 17013 717-243-9400 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. cl3 j;?-'.. C{,;,C/:..,. CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NANCY A. MCDILDA Defendant COM P L A I N T 1. Plaintiff, THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C, is a New Jersey corporation, with an address of 4111 SOUTH DARLINGTON, TULSA, OKLAHOMA, 74135. 2. Defendant, NANCY A. MCDILDA, is an adult individual whose last known address is 139 NORTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013. 3. On or about August 27, 1996, the said Defendant executed and delivered a Mortgage Note in the sum of $27,200.00 payable to TMS MORTGAGE INC. D/B/A THE MONEY STORE (original Mortgagee), which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1340, Page 396 conveying to original Mortgagee the subject premises. The mortgage was subsequently assigned to THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C and will be sent for recording. 5. The land subject to the Mortgage is: 139 NORTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013 and ia more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on October 1, 1997 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 27,081.43 (b) Interest at $8.39 per day from 9/1/97 to 5/8/98 (based on contract rate of 11.150%) 2,079.24 (c) Accumulated Late Charges and Late charges at $13.11 per month for 8 months 235.10 (d) Escrow (e) 5% Attorney's Commission 1,354.07 $ 30,749.84 *Together with interest at the per diem rate noted in (b) above after May 8, 1998 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 charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. \, . ~ ..: .t" 0081002107 ADJUSTABLE RATE NOTE (LInOR 6 Month L i bor Index-Rate Caps) TIUS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMJ.:NT. TIllS NOTE LIMITS TIm AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MINIMUM AND THE MAXIMUM RATE I MUST PAY, 139 North 8edford Street, Carlisle. PA 17013 August 27. 1996 D... Propeny Address l. nORROWER'S PROMISE TO PA Y In return for a loan that I have received. I promise to pay Twenty- Seven Thousand. Two Hundred and 00/100 Dollars (U.S, $ 27.200,00 (this amount will be called "priacipal"), plus ioterest. to the order or the Lender, The Lender is TMS Mortgage Inc,. dba The Money Store I understand that tile Lender may transfer this Note. The Lender or anyone who takes this Note and who is entitled to receive payments under this Note will be called the "Nole Holder," 2. INTEREST I will pay interest at an annual rate of 11.150 .%' Interest will be charged on unpaid principal beginning on September 1, 1996 , and will continue until the full amount of principal has bcen paid. The interest rate I will pay may change in accordance with Section 4 of this Note. Interest shall continue to acerue at the interest rate required by this Section 2 and Section 4 of this Note after the maturity or default of this loan. 3, PAYMENTS (A) Amount of My Initial Monthly Payments I will pay principal and interest by making payments each month ("monthly payments"). My initial monthly payment will be in the sum of U.S. $ 262,12 . This amount may chango. (8) Monthly I'ayment Changes Changes in my monthly payment will reOect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will detennine my new interest rate and the changed amount or my monthly payment in accordance with Section 4 of this Note. (C) Time, l'laee and Application of Payments I will make my monthly payments on the Fi rst day of each month beginning on October 1. 1996 I will make monthly payments every month until I have paid all of the principal and interest and any other fees or charges. described below, Ihat I may owe under this Note. Ir, on September 1, 2026 , any sum still remains unpaid. I will pay what I owe in full on that date. All monthly payments received by Note Holder'shall be applied first to accrued interest and the remainder, if any, to the principal. If I owe the Note Holder any late charges, or other fees or charges ("other charges"), they will be payahle upon demand of the Note Holder. Unless prohibited by law. the application of payments may be affected by the imposition of other charges. Therefore, payments of other eharges, whether paid to the NOle Holder in addition 10 the monthly payment or separately, will be applied in a manner at the absolute discretion or the Note Holder, subject to applicable law, I will make my monthly payments at P, 0, Box 1058 Newark. New Jersey 07101-1058 or at a different address if required by the Note Holder. PENNSYLVANIA ADJUSTABLE RATE NOTE 195051 Original - File M005-1PA PSGo 1014 ;:- 'il '/ t;. i<lftq ,,- 11 1111~11~1111~1~II~il~II~III~~~~~~~~ 0081002107NTE '. ... 4, INTEREST RATE AND MONTHLY I'A YMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1st day of September, 1996 and on Ihe 1st day of every 6th monlh(s) tllereafler, E.1eh dale on which my interest rate could change is called a .Change Dale, . (B) The Index Beginning with the first Ch3llge Date, my interest rale will be based on an Index. The "Index" is lhe average of interbank offered rules for 6 Month L i bor u,s, dollar-denominaled deposits in Ihe London market based on quotatioM of major banks, as published by The Wall Street Journal. The most recenl lade. figure available as of the 20lh day of the calendar month Immediately preceding each Change Dale is called the "Current lnde". If the Index is no longer available, or is no longer published by 17Ie Wall Street Ja"mal, the Note Holder will choose a new index or source of index that is based upon comparable information, The Nole Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the NOle Holder will calculate my new inlerest rate by adding Fi ve and 1 / 2 percentage points ( 5.500 %) to theeurrent Inde.. The NOle Holder will then round the result of this additioll up to the lIearest olle-eighth of olle percentage poiat (0,125 %), Subject to the limits Slated ill Section 4(D) below, this rounded amount will be my new inlerest rale until tlle n"l Change Date. The Nole Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe al the Change Date in full on the Maturity Date at my new interesl rate in subst3lltially equal payments, The result of this calculation will be the new amounl of my monthly payment, (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater Ihan 14,150 % or less 11.150 %. Thereafter. my inlerest rate will never be increased or decrcascd on any single Changc Dale by percentage point(s) ( 1,000 %) from the rate of monlh(s), My interest rate will never be greater than than more than One interest I have been paying for the preceding 17.150 %, or less th311 (E) Effective Date of Changes My new interest rate will become effeetive on each Ch3llge Date, I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date IIntillhe amounl of my monlhly payment ch3llges again, (F) Nollee of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and Ihe amount of my monthly payment before the effeclive date of 3IIY payment ch3llge. The notice will include information required by law to be given me 3IId also the title and lelephone number of a person who will answer any question I may have regarding the notice, 5. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has nol received Ihe full amount of any of my monthly payments by the end of ,10 calendar days after the date it is due, I will promptly pay a laIc charge to the Note Holder. The amount of the charge will be 5.00 % of my full monthly paymenl. I will pay this late charge only once on any laic monthly payment. (B) Default If I do not pay the full amount of each monthly payment on the dale it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written nOlice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has 110t been paid and all the interest that I owe on that amonnt. That dale must be at least 30 days after the dale on which the notice is delivered or mailed to me, (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me 10 pay immediately in full as described above, the Note Holder will still have the right to do so if I am in defaull at a later lime. (E) Payment of Note Holder's Costs and Expenses 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 for all of its costs and expenses to the extent not prohibited hy applicable law, Those expenses include, for example, reasonable attorneys' fees, foreclosure fees and court costs, 6 11.150 %. PENNSYLVANIA ADJUSTABLE RATE NOTE ";051 Original - File M005.2PA p~.2or4 0061002107 ~ (1'1 Check ClIlleetllln Charl\es If I present the Note Holder with a check, negotiable order of withdrawal, share drafl or olher instrument ill payment that is returned or dishonored for any reason, I will pay a check collection charlle to the Note Holder, 'l11e amounl of the charge will not be greater than U,S, $ 15,00 6, THIS NOTE SECURED BY A SECURITY INSTllUMENT In addition to the protections given to the Note Holder under this Nole, a Mortgage, Deed of Trust or Security Deed (tlle "Security Instrument"), on real property (Ihe "Property") described in the Security Instrument and dated the same date ns this Note, protecls the Note Holder from possible losses which might result if I do not keep tlle promise.< which I make in tllis Note. The Security Instrument describes how and under what conditions ( may also be required 10 make immediate payment in full of all amounlS I owe under this Note. I agree to these conditions. Some of these conditions are as follows: Tnlnsfer of the Property or a Belleficlnl Interest III Borrower, If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interesl in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior wriuen consent, Lender may, al its option, require immediate payment in full of all s~ms secured by this Security Inslrumenl. However, this option sball nol be exercised by Lender if exercise is prohibited by federallnw as of tbe dale of this SL'Curity InSlmmenl. If 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 musl pay all soms secured by this Security Instrument. If Borrower fails to pay these soms prior 10 the expiration of this period, Lender may invoke any remedies pennitted by this SecurilY Instrument withoul further notice or demand on Borrower. 7. BORROWER'S PAYMENTS BEFORE TIlEY ARE DUE Subject to the application of payments described in Section 3(C), I have Ihe right to make payments of prillcipal at any time before they are due. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepaymenl," If I make a partial prepayment equal 10 one or more of my monthly paymenls, my due date may 1?e advanced no more than one month. Ifl make any other partial prepayment, I must still make each later payment as it becomes due and in the same amount. I may make a full or partial prcpaymenl at any time, If the original principal amount of this loan is $50,000 or less, I may make a full prcpayment or a partial prepayment without paying any penalty, However, if the original principal amount of the loan exceeds 850,000 and if within the first Nt A months from the date of this loan I make any prepayment(s) within any 12-month period whose rotal amount excecds 20% of the original principal amount of this loan, I will pay a prepayment charge equal to six months' interest on the amount by which the lotal of my prepayment(s) within that 12,month period exceeds 20% of the original principal amount of this loan. S, BORROWER'S WAIVERS I waive my rights to require Ihe Note Holder to do certain things. Those things are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) 10 obtain an official ccrtification of nonpayment (known as "prolesl"). Anyone clse who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail 10 keep my promises under this Note, or who signs this Note to transfer it to someone else, also waives these rights. These persons arc known as "guarantors," "sureties" and "endorsers," 9, GIVING OF NOTICES Unless applicable law requircs a different method, any notice that musl be given to me under this Note will be given by delivering it or by mailing il by first class mail addressed to me at Ihe Property Address describcd in the Security Instmmenl, A notice will be delivered or mailed 10 mc at a different address if I give the Note Holder a notice of my different address, Any notice that must bc given to the Note Holder under this NOle will be given by mailing it by first class mail 10 the Note Holdcr at the address stated in Section 3(C). A notice will be mailed to the Note Holder al a different address if I am given a notice of that different address. 10. RESPONSIBILITY OF PERSONS UNDER TillS NOTE If more than onc person signs this NOle, each of us is fully and personally obligaled to pay the full amount owed and to keep all of Ihc promises made in this NOle. Any guarantor, surety, or endorser of this Note (as described in Section 8 above) is also obligated to do thcse things, The Note Holder may enforce its righls under Ihis Note against each of us individually or against all of us togethcr. This means that anyone of us may be requircd to pay all of the amounts owed under this Note, Any PENNSVLVANIA ADJUSTABLE RATE ND1E 1950S} Original .. File M005.3PA !'ilQe 3 01 4 0081002107 10HN W, PURCELL HOWARD B. KRUG LEON p, HALLER IOHN W, PURCELL IR. VALERIE A, GUNN IILL M, WINEKA BRIAN I, TYLER LA \'(I OFFICES PURCELL, KRUG & HALLER 1719 NORTII FRONT STREET IlARRISDURG, PENNSYLVANIA 17102-2392 TEl.EpHONE (717) 23~"1I78 FAX (717) 233-1149 JOSEPtt NISSLEY (1910.1902) ANlHONY DISANTO OF COUNSEL ~IEnSHEY 1099 GQVERNOH ROAD (717) 53303836 May 8f 1998 'Certified Mail No, Z 179 033 380 139 NORTH BEDFORD STREETf CARLISLE, PA 17013 81002107 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31f 1996f SERIES 1996-C TO: NANCY A, MCDILDA 139 NORTH BEDFORD STREET CARLISLEf PENNSYLVANIA 17013 PROPERTY: LOAN NO.: MORTGAGEE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO IN THE FOREGOING PARAGRAPHS AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS LETTER, THIS FIRM WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, YOU MAY REQUEST THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM ABOVE. NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of Penna. Act No. 6 of 1974 (READ ALL PAGES OF THIS NOTICE CAREFULLY) The MORTGAGE held by the above named MORTGAGEE (hereinafter referred to as wef us, or ours) is the holder of the first mortgage on your property described above. The mortgage is in SERIOUS DEFAULT because you have not made the monthly payments of $262.12 for the months of 10/ 1/97 through 5/ 1/98. Late charges and other charges have also accrued to the above date in the amount of $315,10, THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULTf OR IN OTHER WORDS, GET CAUGHT UP IN YOUR PAYMENTS AS OF THE DATE OF THIS LETTER, IS $2,412.06, !:~//3lr 'c I' { :,~i I' 1.1, t' ',)~ !,',' ;. < /. !~~ I ~J 1~1,I,' II -. , , I L; r \ :!.' ! 1.7'1 i(' Payments from 10/ 1/97 through 5/ 1/98 8 mos, at $262.12/mo. Late charges Deferred Late charges Deferred NSF charges [Other charges] $ 2,096.96 91.77 143.33 80.00 $ 2,412,06 You may cure this default within THIRTY (30) DAYS of this letter by paying to 'us the total amount noted abovef plus any additional monthly payments and late charges (and other charges) WHICH MAY FALL DUE DURING THIS PERIOD. Your monthly payment is $262,12. Late charges in the amount of $13,11 accrue after the fifteenth of each month, Such payment must be made either by CASHf CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER made payable to Leon P. Haller, Esquire and forwarded to 1719 North Front Street, Harrisburg, PA 17102, If you do not cure the default with 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, 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. Howeverf if legal proceedings are started against YOUf 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 uSf which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. Alsof we may 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 day period, and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sherifffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due. as well as the reasonable attorney'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 such Sheriff's Sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. A notice of the date of 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 the following number: (717) 234-4178. This payment must be in cash, cashier's check, certified check or money order and made payable to Leon P. Haller, Esquire and forwarded to 1719 North Front Street, Harrisburg, PA 17102, TilE BANK OF NEW YORK AS TRUSTEE UNDER TilE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. iff - 339 J-- (t t-~,L VS. CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NANCY A. MCDILDA Defendant THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you. wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are servedf by entering a >lritten 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 ONEf GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU C~~ GET LEGAL HELP. cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal services, Inc. 8 Irvine Rowf Carlisle, PA 17013 717-243-9400 AVISO LE MAN DEMANDADO A USTED EN LA CORTE, SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADASf ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTEDf 0 SU ABOGADOf REGISTRE CON LA CORTE EN FORMA ESCRI7~f EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION, ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMAND ANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, 51 NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. cumberland County Bar Association 2 Liberty Ave" Carlisle, PA 17013 717-249-3166 . TRUE OOPY FROM REOORo In Tastllnony Wher9ot, f here unto set my hind and of sa d at CarlIsle Pa ..19..fJ- Legal Services, Inc. 8 Irvine ROW, Carlisle, PA 17013 717-243-9400 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. vs. CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NANCY A. MCDILDA Defendant COMPLAINT 1. Plaintiff, THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C, is a New Jersey corporation, with an address of 4111 SOUTH DARLINGTON, TULSA, OKLAHOMA, 74135. 2. Defendant, NANCY A. MCDILDA, is an adult individual whose last known address is 139 NORTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013. 3. On or about August 27, 1996, the said Defendant executed and delivered a Mortgage Note in the sum of $27,200.00 payable to TMS MORTGAGE INC. D/B/A THE MONEY STORE (original Mortgagee), which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the se~e, Defendant made, executed and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1340, Page 396 conveying to original Mortgagee the subject premises. The mortgage was subsequently assigned to THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C and will be sent for recording. 5. 'rhe land subject to the Mortgage is: 139 NORTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on October 1, 1997 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 27 , 081. 43 (b) Interest at $8.39 per day from 9/1/97 to 5/8/98 (based on contract rate of 11.150%) 2,079.24 (c) Accumulated Late Charges and Late charges at $13.11 per month for 8 months 235.10 (d) Escrow (e) 5% Attorney's Commission 1,354.07 $ 30,749.84 *Together with interest at the per diem rate noted in (b) above after May 8, 1998 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 charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. \0. .: .t' 0081002107 ADJUST ABLE RATE NOTE (LIIIOR G Month Li bor Index-Rate CUI") TillS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. TillS NOTE LIMITS TIll AMOUNr MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MINIMUM AND THE MAXIMUM RATE I MUST PAY, August 27. 1996 D.Io 139 North 8edford Street, Carlisle, PA 17013 PropClty Address 1. 80RROWER'S PROMISE TO PA Y In return for a loan that I have received, I promise to pay Twenty,Seven Thousand, Two Hundred and 00/100 Dollars (U,S, $ 27.200.00 (this amount will be called "principal"), plus interest, to the order of the Lender. The Lender is THS Mortgage I nc, , dba The Money Store 1 understand that the Lender may transfer this Note, .The Lender or anyone who takes this Note and who is entitled to receive payments under this Note will be called the "Note Holder." 2. INTEREST I will pay interest at an annual rate of 11,150 .%' Interest will be charged on unpaid principal beginning on September 1, 1996 , and will continue until the, full amount of principal has becn paid, The interest rate I will pay may change in accordance with Section 4 of this Note. Interest shall continue to accrue at the interest rate required by this Section 2 and Section 4 of this Note after the maturity or default of this loan. 3, PAYMENTS (A) Amount of My Initial Monthly Payments I will pay principal and interest by making payments each month ("monthly payments"), My initial monthly payment will be in the sum of U ,S, $ 262,12 , This amount may change. (8) Monthly Payment Changes Changes in my monthly payment will refieet changes in the, unpaid Principal of my loan and in the interest rate that I must pay, The Note Holder will detennine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. (C) Time, Place and Application of Payments I will make my monthly payments on the Fi rst day of each month beginning on October 1, 1996 I will make monthly payments evet)' month until I have paid all of the principal and interest and any other fees or charges, described below, that I may owe under this Note, If, on September 1, 2026 . any sum still remains unpaid, I will pay what 1 owe in full on that date. All monthly payments received by Note Holdershall be applied first to accrued interest and the remainder, if any, to the principal. ,If 1 owe the Note Holder any late charges, or other fees or charges ("other charges"), they will be payable upon demand of the Note Holder. Unless prohibited by law, the application of payments may be affected by the imposition of other charges, Therefore, payments of other charges, whether paid to the Note Holder in addition to the monthly payment or separately, will be applied in a manner at the absolute discretion of the Note Holder, subject to applicable law, I will make my monthly payments at P.O. Box 1058 Newark, New Jersey 07101.1058 or at a different address if required by the Note Holder. PENNSYLVANIA ADJUSTAOLE RATE NOTE I!)S051 Original - File M005-1PA P~!lQ 1 014 ,"""- lLt (I !::: /<Ii/q 1/- 11 \\\\i\\~\\\\~I~\\~\~~~i~\\i\\\\~I~~\\~ . OOB1002107NTE .. ". 't. 4. than more than One interest I have been paying for the preceding 17,150 %, or less than (E) Effective Dale of Changes My new interest rate will become effective on each Change Date, I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again, (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes.in my interest rate and the amounl of my monthly payment before the effective date of any payment change. The notice will include infonnation required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments ' If the Note Holder has ,not received the full amount of any of my monthly payments by the end of . 10 calendar days after the date it is due, I will promptly pay a late charge to the Note Holder. The amount of the charge will be 5,00 % of my full mondlly payment. I will pay this latc charge only once on any late monthly payment. (B) Default If I do not pay the full amount of each monthly ,payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, tile Note Holder may send me a wrillen notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all tile interest that I owe on that amount. That dale must be at least 30 days after the date on which the notice is delivered Or mailed to me, (D) No Wniver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later lime. (E) Payment of Note Holder's Costs and Expenses 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 for all of its COSts and expenses to the extent not prohibited by applicable law, 11lose expenses include, for example, reasonable allomeys' fees, foreclosure fees and court costs. INTEREST RATE AND MONTIII,Y I'AYMENT CHANGES (A) Challge Dales The inteccst rate I will pay may change on the 1st day of September, 1998 and on the 1st day of every 6th month(s) Ihereafter. Each date on which my interest rate could change Is called a 'Change Date, " (B) The Index Beginning with the first Change Date, lilY inlerest rate will be based on an Index. The "Index" is the average of interbank offered rates for 6 Month L; bor V.S, dollar-denominated deposits in Ihe London market based on quotations of major banks, as published by The Wall Street Journal. The most recent Index figure available as of the 20th day of the calendar month immediately preceding each Change Dale is called the "Current Index. " If the Index is no longer available, or is no longer published by 171e lVall Street Joumal, the Note Holdcr will choose a new index or souree of index that is based upon comparable infonnation, The Narc Holder will give me notice of this choice, (C) Calculation of Changes Before each Change Dale, dlC Note Holder will calculate my new interest rate by adding Five and 1 / 2 percentage poims ( 5.500 %) to the Current Index. The Note Holder will then round lhe result of tllis addition up 10 dIe nearest one,eighth of one perccntage point (0.125%). Subject to lhe limits stated in Section 4(0) below, this rounded amoum will be my new interest rate until dlC next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient ro repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 14,150 % Or less 11,150 %. Thereafter, my interest rate will never be inereased or decreased on any single Change Date by percentage point(s) ( 1. 000 %) from the rate of monlh(s), My imerest rate will never be greater than 6 11.150 %. PENNSYLVANIA AOJUSrAnLE flATE NOTE 195051 Original _ File MOOS.2PA Page 2 or 4 0081002107 -. " -, " ...' (I.) Cheeh CIIII.'ell,," Chll'l:rs . If I preselll Ihe Nole /lolder wilh II check. IIelloti"hle order of wilhdrawal. share draft or olher "'Slrumenl in paymenl Ihal is reI limed or di,honorcd for allY rell\Oll. I will pay a check colleclion ch.ree 10 Ihe Note /lolder, The amoum of the c11l1'lle wi/lnnl he !:remer Ih'lIl U,S, $ 15,00 (" TillS NOTE SECURED DY A SECUItITY INSTltUMENT In .ddilionlo Ihe proleclioll' givell 10 Ihe NOle /lolder under thi, NOle. a Mongage, Deed of Trust or Security Deed (the "Securily IIIslrumellt"), 011 real property (I he "Property") described in the Securily Instrumenl and daled Ihe same date as Ihis NOle, prolects Ihe NOle Holder from possihle lOsses which mighl resull if I do nOI keep U,C promises which I make in this NOle, The Security Inslrumem describes how and under what eondilions I may also be required 10 make immediate paymem in full of all amOUIllS I Owe under Ihi, NOle. I agree to Ihese eondilions, Some of Ihese conditions are as follows: Tntll,fer or the Property or" Delleneiallnterest III Dorrower. (f all or any pan of Ihe Property or .ny illlercS! in il is sold or Iransferred (or if. beneficial inlerest in Dorrower is sold or transferred and Dorrower is 1101 a II.lural person) Wilhoul Lender's prior wriuen consent, Lender may, at ils option, require immediate paymenl in full of all sums secured by Ihi, Seeurily (nstrumenl. However. this optioll shall not be exerci,ed by Lender if c:<t:rcisc is prohibited by fcdcrall:lw :15 or (he dale of this Security Instrument. If Lender exercises this oplion. Lender shall give Borrower notice of acceleration, TIle notice shall provide a period of nOlIe's Ihan 30 days from the dale Ihe no lice is delivered or mailed within which Dorrower musI p,y .11 sums secured by this Security In'trumem, If Borrower f.i1s 10 p,y these SUIllS prior to the expiration of lhis period, Lender may invoke any remedie, pennilted by this Security In'lrumem wilhoul further nOlice or demand on Dorrower. 7. BORROWER'SPAYMENTSBEFORETHEY ARE DUE Subjecllo Ihe applicalion of payments de,cribed in Section 3(C), I have the right 10 make payments of principal al any lime before they are due, A prepayment of all of lhe unpaid prinCipal is known as a "full prepayment." A prepayment of only part of Ihe unpaid principal is known as a "partial prepayment. " If I make a partial prepaymem equal 10 one or more of my monthly paymenls, my due dale may lJe advanced no more Ihan one month, If r make any olher panial prepayment, I must slill make each late'r payment as it'becomes due and inlbe same amount. I may make a full or panial prepaymelll at any lime. If the original principal amounl of this loan is $50,000 or less, I may make a full prepayment or a partial prepayment wilhout paying any penalty, However, if Ihe original principal amount of ' Ihe loan exceeds S50,Ooo and if within the firsl N/A month, from lhe dale of this loan I make any prepayment(s) within any 12,monlh period whose lotal amounl exceeds 20% of the original prinCipal amount of this loan, I will pay a prepaymelll charge equal 10 six momhs' inlereS! On Ihe amount by which Ibe total of my prepayment(s) within that 12-monlb period exceeds 20 % of the original principal amount of Ihis loan. 8, DORROWER'S WAIVERS I w.ive my rights 10 require the NOle Holder 10 do cenainlhings. TIlOse thing' are: (A) 10 demand payment of amounts due (known as "presentmenl"); (ll) to give notice thaI amounts due have nol been paid (known as 'notice of dishonor'); (C) to oblain an official certifiealion of nonpayment (known as "prolest"). Anyone else who agrees to kcep Ibe promises made in litis NOle, or who agrees 10 make payments 10 Ihe NOle Holder if I f.i1lo keep my promises under this NOle, or who signs Ihis Note 10 transfer illo someone else, also waives these righls. These persons arc known a, "guarantors," "sureties" and "endorsers." 9. GIVING OF NOTICES Unless applic.1ble law requires a different melhod, any nOlice that must be given 10 me under thi, Note will be given by delivering it or by mailing it by firsl class mail addressed 10 me at Ihe Property Address described in the Security lnstrument. A notice will be delivered or mailcd 10 me at a differem address if I give Ihe NOle Holder a nOlice of my different address, Any nOlice Ihat lIlU,t be given to Ihe NOle Holder under this NOle will be givcn by mailing it by first class mail to Ille Note Holder at Ihe addres, 'taled in Section 3(C). A nOlice will be mailed to the Note Holder at a different address if I am given a nor ice of that different address. 10, RESPONSIBILITY OF PERSONS UNDER TillS NOTE If more Ihan one person sign, Ihis Note, each of u, is fully and personally obligated 10 pay Ihe full amount owed and to keep all of Ihe promises made in this NOle. Any guarantor, surely. or endorser of this NOle (as described in Section 8 above) is al,o obligated 10 do Ihcse Ihings, The NOle Holder lIlay enforce its right' under Ihis NOle against each of US individually or against .11 of lIS togetiter. This means Ihal nny one of us m.y be required 10 pay .11 of Ihe amounls owed under Ibis Nole, Any PENNSYLVANIA ADJUSTABLE RATE NOTE 19SOSl Original _ File M005-3PA f'''ge 3 014 0081002107 , " ~, , I ~ I I I , .~. "'.: "',:.:.', "';; ",'..:,.,: :'," :,,' :l::::!i:::;Uij!!!!:l!!iiil~I::;:.:::':ili;~;;;::i~ill:i;;:I:':,i: :;:,:..:Hi:i ,.:'i' ", """";;";'i'j;!,;i!!i'F;;:;;"':1 .~1 .,,', !;'; ;{~.: l;" I'ALL that certain lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNL~G at' a point on North Bedford Street, thence by property now or nrmerly of Wm. Slothour, Jr., on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot, adjoining property now or formerly of Wm. E. Shoop,' Northwardly Seventeen feet and Six inches; thence by property nol' or formerly of Gordon Massey, Westwardly Ninety feet to a point on NJrth Bedford Street; thence by the line of said Street South~'ardly" Twenty-one feet and Six inches to the Place of Beginning. CONTAINING twenty-one feet and six inches in front on North Bedford Street, and Ninety feet in Depth, be the same more or less; and HAVING thereon erected a two-story frame dwelling house known and numbered ssNo, 139 North Bedford Street, Carlisle, Pennsylvania, [NtI.1/I- /7 (~Z"j I' Payments from 10/ 1/97 through 5/ 1/98 8 mos. at $262.12/mo, Late charges Deferred Late charges Deferred NSF charges [Other charges] $ 2,096,96 91,77 143,33 80.00 You may cure this default within THIRTY (30) DAYS of this letter by paying to 'us the total amount noted above, plus any additional monthly payments and late charges (and other charges) WHICH MAY FALL DUE DURING THIS PERIOD, Your monthly payment is $262.12. Late charges in the amount of $13,11 accrue after the fifteenth of each month. Such payment must be made either by CASH, CASHIER f S CHECKf CERTIFIED CHECK OR MONEY ORDER made payable to Leon P. Haller, Esquire and forwarded to 1719 North Front Street, Harrisburg, PA 17102. $ 2,412,06 If you do not cure the default with 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 immediatelYf 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, If the mortgage is foreclosedf your mortgaged property will be sold by the Sheriff to payoff the mortgage debt, If we refer your case to our attorneysf but you cure the default before tlley begin legal proceedings against you, you will. still' have to pay the reasonable attorneyfs fees actually incurred up to $50,00. Howeverf 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 attorneyfs fees will be added to whatever you owe uSf which may also include our reasonable costs, If you cure the default within the thirty day periodf you will not be required to pay attorney's fees. Also, we may 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 day periodf and foreclosure proceedings have begunf you will 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 chargesf charges then due, as well as the reasonable attorneyfs iees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such Sheriff's Sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. A notice of the date of Sherifffs Sale will be sent to you before the sale, Of Coursef 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 ~y calling us at the following number: (717) 234-4178. This payment must be 1n cash, cashierfs cheek, certified check or money order and made.payable to Leon P. Haller, Esquire and forwarded to 1719 North Front Street, Harrisburg, PA 17102. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it, If you continue to live in the property after the sherifffs Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST,) YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF, If you cure the defaultf the mortgage will be restored to the same position as if no default had occurred, Howeverf you are not entitled to this right to cure your default more than three times in any calendar year. Very truly yours, By P~'tKRII~LER Leon P.. Haller Attorney for: TMS MORTGAGE INC. D/B/A THE MONEY STORE 1. D, #15700 1719 N. Front Street Harrisburg, Pa, 17102 (717) 234-4178 LPH/ \\~ CERTIFIED MAIL - RETURN RECEIPT REQUESTED 380 \ \ \ \ pos\ago ecf\iflod feo SpCcia\ Oclil{1)f)' Foo ReStricted Oelival)' fee U'l . \ snovM9 to en f\Ctumf\OCCtP d 0'1 ~&. Oatooclivero ;;; ~~\D*",,' 5. Return ..t....esseo's~ess .:{ O;1le.&f'U.I' g 10""l. Postago & FeeS ~ postlTlaT\(. of Oa\o ~ Lf f~ l~f $ THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 15 339;). C~:GtL VB. CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NANCY A. MCDILDA Defendant THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOT ICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the complaint and notice are servedf by entering a written appearanQe 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 Ave., carlislef PA 17013 717-249-3166 Legal Services, Inc. a Irvine Rowf Carlislef PA 17013 717-243-9400 AVISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SFR SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTEDf 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA, RECUERDE: S1 USTED NO REPONDE A ESTA DEMANDAf SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISIONf ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS)f 215-238-6300, Cumberland county Bar Association 2 Liberty Ave., carlisle, PA 17013 717-249-3166 Legal Services, Inc. a Irvine Rowf carlisle, PA 17013 717-243-9400 TRUE (i;Opy FROM RECoRD In TIl'itI..JUtly whereof, I here unto set my,. ~d ~o1 Id!Z al,~!~9~ ___ '}::;rt: e,rolho '--"'(J /0 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. vs. CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NANCY A. MCDILDA Defendant THE FO~OWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT CO~ECTION PRACTICES ACT, 15 U.S.C. 1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to. Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different fr.om the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Attorney ID #15700 Attorney for Plaintiff THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NANCY A. MCDILDA Defendant COM P L A I N T 1. Plaintiff, THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C, is a New Jersey corporation, with an address of 4111 SOUTH DARLINGTON, TULSA, OKLAHOMA, 74135. 2. Defendant, NANCY A. MCDILDA, is an adult individual whose last known address is 139 NORTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013. 3. On or about August 27, 1996, the said Defendant executed and delivered a Mortgage Note in the sum of $27,200.00 payable to TMS MORTGAGE INC. D/B/A THE MONEY STORE (original Mortgagee), which Note is attached hereto and marked Exhibit "An. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1340, Page 396 conveying to original Mortgagee the subject premises. The mortgage was subsequently assigned to THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C and will be sent for recording. 5. The land subject to the Mortgage is: 139 NORTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on October 1, 1997 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 27,081.43 (b) Interest at $8.39 per day from 9/1/97 to 5/8/98 (based on contract rate of 11.150%) 2,079.24 (c) Accumulated Late Charges and Late charges at $13.11 per month for 8 months 235.10 (d) Escrow (e) 5% Attorney's Commission 1,354.07 $ 30,749.84 *Together with interest at the per diem rate noted in (b) above after May 8, 1998 and other charges and costs to date of Sheriff's Sale. The attorneyfs 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 that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. .., ... . .: .. :' 0081002107 ADJUST ABLE RATE NOTE (LIIIOlt 6 Month Li bor Index-Rale Cnps) TIDS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. TIUS NOTE LIMITS TIlE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MINIMUM AND THE MAXIMUM RATE I MUST PAY. Augus'_ 27, 1996 D.", 139 North Bedford Street, Carlisle, PA 17013 Property Address 1. nORROWER'S PROMISE TO PAY In return for a loan thai I have received, 1 promise to pay Twenty-Seven Thousand, Two Hundred and 00/100 Dollars (U.S, $ 27,200.00 ) {this amonnt will be called "principal"}, plus imerest. to the order of lhe Lender. The Lender is TMS Mortgage Inc., dba The Money Store I underSland that the Lender may transfer tllis Note. The Lender or anyone who takes this Note and who is entitled to receive payments under this Note will be called the "Nole Holder." 2. INTEREST I will pay interest at an annual rale of 11.150 % Interest will be charged on unpaid principal beginning on September 1, 1996 , and will continue untillhe full amount of principal has been paid. The interest rate I will pay may change in accordance with Section 4 of this Note. Interest shall continue to accrue al tllC imerest rate required by.this Section 2 and Section 4 of this Note after the maturity or default of this loan. 3. PAYMENTS (A) Amount of My Initial Monthly Payments I will pay principal and interesl by making payments each month ("monthly payments"). My initial monthly payment will be in the sum of U ,So $ 262.12 . This amount may change. (n) Monthly I'ayment Changes Changes in my monthly paymenl will renect changes in the unpaid principal of my loan and in the interest rate tbat I must pay. TIle Note Holder will detennine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this NOle. (C) Time, I'laee and Application of Payments I will make my monthly paymenls on the Fi rst day of each month beginning on October 1, 1996 I will make montbly paymeIlts evel)' month until I have paid all of the principal and interest and any other fees or charges, described below, that I may owe under this Nole. If, on September 1, 2026 any sum still remains unpaid, I will pay what I owe in full on that date. All monthly payments received by Note.Holder'shall be applied first to accrued interest and the remainder, if any, to the principal. . If I owe the Note Holder any late charges, or other fees or charges ("other charges"), they will be payable upon demand of the Note Holder. Unless prohibited by law, the application of payments may be affected by the imposition of other cbarges. Therefore, paymems of other charges, whether paid to the Note Holder in addition to the monthly payment or separately, will be applied in a manner at the absolute discrelion of the Note Holder, subject to applicable law. I will make my monlhly payments at P.O. Box 1058 Newark, New Jersey 07101.1058 or at a different address if required by the Note Holder. PENNSYLVANIA ADJUSTABLE RATE NOTE 195051 Or.iginal - File MOOS., PA Page 1 014 ,--.. (Li i, t::. /<I-It!l ,,- /1 1~\i\I~\II\~I~I\~~~II\~~\I~~II~~~\\~ 0081002107NTE .. ". 'f. 4. than more than One interest I have bccn paying for the preceding 17 .150 %, orless than (E) Effective Date of Changes My new interest rate will 'become effective on each Change Date. [will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Dale until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a noticc of any changes in my interest rale and Ihe amount of my monthly payment before the effective date of any payment change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question [ may have regarding the notice. S. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any of my monlhly payments by the end of ,10 calendar days after the date il is due, I will promptly pay a late charge to tile Note Holder. The amount of the charge will be 5.00 % of my full monthly payment. I will pay this late charge only once on any late monthly payment. (B) Default If I do not pay the full amount of each monthly payment on tile date it is due, I.will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a wriuen notice telling me tI,at if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not bccn paid and all the interest that [ owe on that amount. That date must be at least 30 days after the date on which tile notice is delivered or mailed to me. (0) No Waiver by Note Holder Even if, at a time when I am in defaull, the Note Holder does not require me to pay immedialely in full as described above, the Note Holder will still have the right to do so if I am in default at a laler lime. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the NOle Holder will have the right to be paid back for all of its cOsls and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees, foreclosure fees and court costs. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates TIle IntefCSt rate I will pay may change on the 1st day of September, 1998 and on the 1st day of every 6th month(s) tltereaCter. Each date on which my inlerest rale could change Is called a "Change Dale. " (B) The Index neginning Witll the first Change Date, my interest rate will be based on an Index, The "Index" is the average of interbanlc offered ratcs for 6 Month L; bor u ,S. dollar-denominated deposits iu the London market based on quotation., of major banks, as published by The Wall Slr~et Journal. The most recent Index figure available as of the 20th day of the calendar month immediately preceding each Change Date is called the "Current Index. " If the Index is no longer available, or is no longer published by The Wall Street Journal, the Note Holder will choose a new index or source of index that is based upon comparable infonnarion. The Narc Holder will give me notice of this choice. (C) Calculation of Changes Defore each Change Date, the Note Holder will calculate my new interest rate by adding Five and 1 / 2 percentage points ( 5.500 %) to the Current Index. The Note Holder will then round the result of this addition up to the nearcst one-eighth of one percentage point (0,125%). Subject to the limits staled in Section 4(D) below, this rounded amount will be my new interest rale until tile next Change Date. The Note Holder will then delermine the amount of the monthly payment thai .would be sufficient 10 repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monlhly payment. (0) Limits on Interest Rate Changes The intercst rate I am required 10 pay at the first Change Date will not be greater than 14.150 % or less 11.150 %. Thereafter. my interest rate will never be increased or decreased on any single Change Date by percentage point(s) ( 1.000 %) from the rate of . month(s). My interest rate will never be greater than 6 11.150 %. PENNSYLVANIA ADJUSTABLE RATE NOTE 19'051 Original _ Pile MOOS.2PA f>~t <: ot 4 0081002107 ." ~", "' .. .' ((0") Check Collecllon Charges If I present lhe Note Holder with a check, negotiable order of withdrawal, share draft or olhcr instrument in payment that is returned or dishonored for any reason, I will pay a check collection charge to Ule Note Holder, The amount of the charge will nOl be greater Ulan V.S, $ 15.00 6. THIS NOTE SECURED BY A SECURITY IN&'TRUMENT In addition to the protections given to lhe Note Ilolder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), on real property (the "Property") described in the Security Instrument and dated the same date as this Note, protects the Note Holder from possible losses which might result if [ do not keep the promises which I make in this Note. The Security Instrument describes how and under what conditions I may also be required to make immediate payment in full of all amounts I owe under this Note. I agree to these conditions. Some of these conditions are as follows: Transfer of the l'ropel1y or a Beneficinllnlerest In Borrower. If all or any pan of tbe Property or any interest in il 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 wriuen consent, Lender may. at its option. require immediate paymenl in full of all sums secured by this Security Instrument. However, this option shall nol be exercised by Lender if exercise is prohibited by federal law as of lhe date of this SccurilY Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The noticc shall provide a period of not less than 30 days from the dale the nOlice 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. 7. BORROWER'S PAYMENTS BEFORE THEY ARE DUE Subject to the application of payments described in Section 3(C), I have the right to make payments 'of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a 'full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." If I make a partial prepayment equal to one or more of my monthly payments, my due date may be advanced no more lh'l/l one month. If I make any other partial prepayment, I must still make each later payment as 'it'becomes due and in the same amount. .1 may make a full or partial prepayment at any time. If the original principal amount of this loan is $50,000 or less, I may make a full prepayment or a partial prepayment without paying any penalty. However, if tbe original principal amount of the loan exceeds 550,000 and if within the first NI A months from the date of this loan I make any prepayment(s) within any 12-monlh period whose total amount exceeds 20% of lhe original principal amount of this loan, I will pay a prepayment charge equal to six months' interest on the amount by which the total of my prepayment(s) wilhin that 12-month period exceeds 20% of the original principal amount of this loan. 8. BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain lhings. TIlOse things are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an oilicial certification of nonpayment (known as "protest"). Anyone else who agrees to kcep the promises made in this Note, or who agrees 10 make payments to the Note Holder if I fail to keep my promises under this NOle, or who signs this Note to transfer it to someone else, also waives lhcse rights. These persons arc known as "guarantors." "sureties" and "endorsers." 9. GIVING OF NOTICES Unless applicable law requires a different method, any notiee that must be given to me under this Note will be given by delivering it or by mailing it by first class mail addressed to me at the Property Address described in the Security Instrument. A notice will be delivered or mailed to me at a different address if 1 give the Note Holder a notice of my different address. Any nOlice thai must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(C). A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 10. RESI'ONSInILlTY OF PERSONS UNDER TIllS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay lhe full amount owed and to keep all of the promises made in this NOle. Any guarantor, surety, or endorser of litis Note (as described in Section 8 above) is also obligated 10 do these things, The Note Holder may enforce its rights under this Note against each of us individually or against all of us together. This means lhal anyone of us may be required to pay all of the amounts owed under this Note. Any PENNSYLVANIA ADJUSTABLE DATE NOTE 195051 Original - File M005.3PA 1'.}ge 3 014 0081002107 .. JOHN W, PURCELL HOWARD D. KRUG LEON P. HALLER JOHN W. PURCELL Jlt VALERIE A, GUNN JILL M. WINEKA DRlAN J. TYLER LA W OFFICES PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET IIARRISIJURG, PENNSYLVANIA 17102.2392 TELEPHONE (717) 2344178 FAX (717) 233.1149 JOS(PH NISSLEY (1910.1902) ANTHONY OiSANTO OF COUNSEL HERSHEY 10~ GOVERNOR ROAD (117) 533-3836 May 8, 1998 'Certified Mail No. Z 179 033 380 PROPERTY: LOAN NO.: MORTGAGEE: 139 NORTH BEDFORD STREET, CARLISLE, PA 17013 81002107 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C TO: NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT" THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO IN THE FOREGOING PARAGRAPHS AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE" YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF" IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS LETTER, THIS FIRM WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, YOU MAY REQUEST THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM ABOVE" NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of Penna" Act No. 6 of 1974 (READ ALL PAGES OF THIS NOTICE CAREFULLY) The MORTGAGE held by the above named MORTGAGEE (hereinafter referred to as we, us, or ours) is the holder of the first mortgage on your property described cl.lJu.,'e. The mortgage is in SERIOUS DEFAULT because you have not made th" t.1onthl:' payments of $262.12 for the months of 10/ 1/97 through 5/ 1/98. LaLe charges and other charges have also accrued to the above date in the amount of $315.10. THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT, OR IN OTHER WORDS, GET CAUGHT UP IN YOUR PAYMENTS AS OF THE DATE OF THIS LETTER, IS $2,412.06. t'x>>l/3 I r 'c / ' Payments from 10/ 1/97 through 51 1/98 8 mos. at $262.12/mo. Late charges Deferred Late charges Deferred NSF charges [Other charges] $ 2,096.9G 91.77 143.33 80.00 $ 2,412.06 You may cure this default within THIRTY (30) DAYS of this letter by paying to 'us the total amount noted above, plus any additional monthly payments and late charges (and other charges) WHICH MAY FALL DUE DURING THIS PERIOD. Your monthly payment is $262.12. Late charges in the amount of $13.11 accrue after the fifteenth of each month. Such payment must be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER made payable to Leon P. Haller, Esquire and forwarded to 1719 North Front Street, Harrisburg, PA 17102. If you do not cure the default with 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. 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 attorney's fees. Also, we may 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 day period, and foreclosure proceedings have begun, you will 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 charges, charges then due, as well as the reasonable attorney's rees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such Sheriff's Sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. A notice of the date of 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 the following number: (717) 234-4178. This payment must be in cash, cashier's check, certified check or money order and made payable to Leon P. Haller, Esquire and forwarded to 1719 North Front Street, Harrisburg, PA 17102. -- FPr ~ ~ THE BANK OF NEW YORK AS TRUSTEE UNDER T~E POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 15' 339). (!~~{,~L VB. CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NANCY A, MCDILDA Defendant THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLL~CT A DEBT OWED TO OUR CLIENT, ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT, NOT ICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. YoU are warned that if you fail to do so the case may proceed withcut 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 mcney 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 Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, carlisle, PA 17013 717-243-9400 AVISO LE MAN DEMANDADO A USTED EN LA CORTE, SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA YAVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FI\VOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON 'l'ODAS LAS PROVISIONES DE EST. DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE US TED PUEDA PERDER DIN~~C, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 TRUE (i;()py FROM REOOAD In TIStlIOOlly wheraof I here unto set my,.., and 01 jiil / ..at Canlsle, 7 i T d u.- "+.-19 -. ,/ rothon Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 5. The land subject to the Mortgage is: 139 NORTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage, 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on October 1, 1997 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 27,081,43 (b) Interest at $8,39 per day from 9/1/97 to 5/8/98 (based on contract rate of 11.150%) 2,079,24 (c) Accumulated Late Charges and Late charges at $13,11 per month for 8 months 235,10 (d) Escrow (e) 5% Attorney's Commission 1,354.07 $ 30,749,84 *Together wi.th interest at the per diem rate noted in (b) above after May 8, 1998 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 charged that are actually incurred by Plaintiff, 8, No judgment has been entered upon said Mortgage in any jurisdiction, ... '., .: "', 0081002107 ADJUST ABLE RATE NOTE (LJIIOIt 6 Month l i bor Index-Rnte Cnps) TIUS NOTE CONTAINS I'ROVISIONS ALLOWING FOR CIIANGES IN MY INTEREST RATE AND MY MONTHLY PAYMI,N'I'. TIns Nom LIMITS TIlE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MINIMUM AND THE MAXIMUM RATE I MUST PAY. August 27, 1996 D.", 139 North Bedford Street, Carlisle, PA 17013 Property Address I. nORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay Twenty-Seven Thousand, Two Hundred and 00/100 Dollars (U .S, $ 27,200.00 (this amount will be called "principal'). plus interest. to the order of the Lender. The Lender is TMS Mortgage Inc., dba The Money Store I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note and who is entitled to receive payments under this Note will be called the 'Note Holder.' 2. INTEREST I will pay intere<t at an annual rate of 11.150 .X Interest will be charged on unpaid principal beginning on September 1, 1996 , and will continue until.the full amount of principal has bccn paid. The interest rate I will pay may change in accordance with Section 4 of this NOle. Interest shall continue to accrue at the interest rate required by this Section 2 and Section 4 of this Note after the maturity or default of this loan. 3. PAYMENTS (A) Amount of My Initinl Monthly Payments I will pay principal and interest by making payments each month ('monthly payments'). My initial monthly payment will be in the sum of U.S. $ 262 _12 . This amount may change. (8) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. TIle Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. (C) Time, Place nnd Application of Payments I will make my monthly payments on the Fi rst day of each mnnth beginning on October 1, 1996 I will make monthly payments every month until I have paid all of the principal and interest and any other fees or charges, described below, that I may owe under this Note. If, on September 1, 2026 , any sum still remains unpaid, I will pay what I owe in full on that date. All monthly payments received by Note Holder'sball be applied first to accrued intercsl and the remainder. if any, to the principal. If I owe the Note Holder any late charges, or other fees or charges ('other charges'), they will be payable upon demand of the Note Holder. Unlcss prohibited by law, the application of payments may be affected by the imposition of other charges. Therefore. payments of other charges, whether paid to the Note Holder in addition to the monthly payment or separately, will be applied in a manner at the absolute discretion of the Note Holder, subject to applicable law. I will make my monthly payments at P.O. Box 1058 Newark, New Jersey 07101-1058 or at a different address if required by the Note Holder. PENNSYLVANIA ADJUSTABLE RATE NOTE (!}S051 Original - File M005.1PA P,)I)<l1 014 ,~ tLt', t:. /<11tq /1- jl \\\\~\\~\\\\~~\\~\\~\W~~~\\i\\\\\~~\\\~~\\~ 0081002107NTE -. '. ... than more than One interest I have been paying for the preceding 17.150 %, or less than (E) Effective Date of Changes My new interest rate will'hecome effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monlhly paymenl changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a nOliccof any changes in my interest rate and the amount of my monthly payment before the effective date of any payment change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. S. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amo~nt of any of my monthly payments by the end of . 10 calendar days after the date it is due, I will promptly pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my full monthly payment. I will pay this late charge only once on any late monthly payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the NOlC Holder may send me a written notice telling me that if I do not pay the overdue amount by a ccrtain date, tile Note Holder may require me to pay inuncdiately the full amount of principal which has not bccn paid and all the interest tllat I owe on tl~~t amount. That date must be at least 30 days after the date on which tile noticc is delivered or mailed to me. (0) No Waiver by Note Holdcr Even if, at a time when I alll in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have tile right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holdcr will have the right to be paid back for all of ilS COSlS and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees, foreclosure fees and court costs. INTEREST RATE AND MOm'HLY l'AYMI(NTCIIANGI,S (A) Change Dal.. 11le Interest rote I will pay may change on lhe 1st day of September, 1998 and on the 1st day of every 6th month(s) thereafter. 111ch dale on which my inlerest rale could change is called a 'Change Dale.' (n) The Index Degiruting with the first Change Date, my interest rate will be based on an Index. The 'Index' is the average of interbank offered rates for 6 Month L i bor u.s. dollar-<lenominatcd dcpsilS in the London market based on quotations of major banks, as published by 77" Wall Street Journal. n,e most recent Index figure available as of tlle 20th day of the calendar month immediately preceding each Change Date is called the 'Current Index.' If the Index is no longer available, or is no longer published by The Wall Street Journal, the Note Holder will choose a new index or source of index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Chang.. Defore eacb Change Dale, the NOle Holder will calculate my new intercst rare by adding Fi ve and 1 / 2 percentage points ( 5.500 %) to the Current Index. The Note Holder will then round the result of this addition up to the nearest one-eighth of one percentage point (0.125%). SUbjecl to lhe limits stated in Section 4(D) below, this rounded amount will be my new interest rate until tile next Change Date. The Note Holder will then determine the amount of the monthly payment that would be suflicient to repay the 'unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (0) Limits on Interest Rate Changes The interest rate I am required to pay at the fIrSt Change Dale will not be greater than 14.150 % or less 11.150 %. Thereafter, my interest rate will never be increased or deercased on any single Change Date by' percentage point(s) ( 1.000 %) from the rate of month(s}. My interest rate will never be greater than 6 11.150 %. 4. PENNSYLVANIA ADJUSTABLE RATE NOTE 195051 Original - File M005.2PA PiIj)t 20t4 0081002107 --.- "...... .(' "~'-.'-~..'" ...: ,'. : .> ~ " (1'1 Checll Colleclllln Charges If I present the Note Holder with a check, lIegotiahlc order of wilhdrawal, share draft or other instrument in payment that is returned or dishonored for any reason, I will pay a check collection charge to the Note Holder, The amount of the charge will not be greater tlt.n U ,S, $ 15,00 6. TillS NOTE SECURED BY A SECURITY IN&'TRUMENT In addition to the protections given to the NOle Ilolder under this Note, a Mortgage, Deed of Trust vr Security Deed (the 'Security Instrument'), on real property (the 'Property') dcscribed in the Security Instrument and datcd the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep tlle promises which I make ill this Note. The Security Instrument describes how and under what conditions I may also be required to make immediate payment in full of all amounts I owe under this Note. I agree to thcse conditions. Some of Ihese conditions arc as follows: Transfer of the Property or n Beneficinl Interest In Borrower, If all or any pan of the Property or any interesl 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, this option shall not be exercised by Lender if exercise is prohibited by federal law as of lhe date of this SccurilY Instrument. If Lender exercises this option, Lender shall give Borrower nOlicc of acceleration. The notiee shall provide a period of not less than 30 days from lhe date the notice is delivered or mailed within which narrower 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 pennitted by this Security Instrument without further noticc or demand on Borrower. 7. llOltROWER'S PAYMENTS nEFORE TIlEY ARE DUE Subject to tile application of payments described in Section 3(C), I have the right to make payments of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a 'full prepayment.' A prepayment of only pan of the unpaid principal is known as a 'panial prepayment.' If I make a partial prepayment equal to one or more of my monthly payments, my due date may f?e advanccd no more than one month. If I make any other partial prepayment, I must still make each later payment as it'becomes due and in the same amount. I may make a full or partial prepayment at any time. If the original principal amount of this loan is $50,000 or less, I may make a full prepayment or a partial prepayment without paying any penalty. However, if the original principal amount of the loan exceeds $50,000 and if within the first N/ A months from the date of this loan I make any prepayment(s) within any 12-month period whose total amount exceeds 20% of the original principal amount of this loan, 1 will pay a prepayment chargc equal to six months' inlercst on the amount by which the total of my prepayment(s) within that 12-month period exceeds 20 % of the original principal amount of this loan. 8, BORROWER'S WAIVERS I waive my rights to require the Note Holder 10 do certain things. Those things are: (A) to demand payment of amounts due (known as "presentment'); (B) to give notice that amounts due have not been paid (known as 'notice of dishonor'); (e) to obtain an official certification of nonpaymenl (known as "protcst"). Anyone else who agrecs to keep the promises made in this Note, or who agrees to make payments to the Note Holder if I fail to keep my promises under this Note. or who signs this Note to transfer it to someone else, also waives these rights. These persons arc known as "guarantors," "sureties" and "endorsers. n 9. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail addressed to me at the Property Address described in the Security Instrument. A notice will be delivered or mailed to me at a differenl address if I give the Note Holder a notice of my different address. Any notice lhat must be given to the Note Holder under this Note will be given by mailing it by first class mail to tlle Note Holder at lhe addrcss stated in Section 3(C). A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 10. RESPONSInILlTY OF PERSONS UNDER TIUS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this NOle. Any guarantor, surety, or endorser or this NOlc (as described in Section 8 above) is also obligated to do these things. The Note Holder may enforce its righls under this Notc against each of us individually or against all of us logelhcr. This means thai anyone of us may be required to pay all of the amonnts owed under this Note. Any PENNSYLVANIA ADJUSTABLE RATE NOTE "S051 Original _ File M005.3PA 1',}CJe J 01 4 0081002107 " , JOliN W. PURCELL 1I0WAIU) U. KRUG LEON P. IIALLER JOliN W, PURCELL JR. Y ALERIE A, GUNN JILL M, WINEKA BRIAN J. TYLER LA 111 OFFICES PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET IIARRISBURG, I'ENNSYLVANIA 17102-2392 TELEl'1I0NE (717) 23'1-4178 FAX (717) 233-1149 JOSEPII tllSSlty (1!llo.1!102) ANTHONY DiSANTO OF COUNSEL HERSHEY 1009 GOVERNOR ROAD (7l7) 533-3836 May 8, 1998 'Certified Mail No. Z 179 033 380 PROPERTY: LOAN NO.: MORTGAGEE: 139 NORTH BEDFORD STREET, CARLISLE, PA 17013 81002107 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C TO: NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO IN THE FOREGOING PARAGRAPHS AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS LETTER, THIS FIRM WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID, LIKEWISE, YOU MAY REQUEST THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM ABOVE. NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of Penna, Act No, 6 of 1974 (READ ALL PAGES OF THIS NOTICE CAREFULLY) The MORTGAGE held by the above named MORTGAGEE (hereinafter referred to as we, us, or ours) is the holder of the first mortgage on your property described above. The mortgage is in SERIOUS DEFAULT because you have not made the monthly payments of $262.12 for the months of 10/ 1/97 through 5/ 1/98. Late charges and other charges have also accrued to the above date in the amount of $315.10. THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT, OR IN OTHER WORDS, GET CAUGHT UP IN YOUR PAYMENTS AS OF THE DATE'OF THIS LETTER, IS $2,412.06. t'x>>l/3 I r 'e i' ~I , Payments from 10/ 1/97 through 5/ 1/9B B mos. at $262.12/mo. Late charges Deferred Late charges Deferred NSF charges (Other charges] $ 2,096.96 91.77 143.33 BO.OO $ 2,412.06 You may cure this default within THIRTY (30) DAYS of this letter by paying to 'us the total amount noted above, plus any additional monthly payments and late charges (and other charges) WHICH MAY FALL DUE DURING THIS PERIOD. Your monthly payment is $262.12. Late charges in the amount of $13.11 accrue after the fifteenth of each month. Such payment must be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER made payable to Leon p, Haller, Esquire and forwarded to 1719 North Front Street, Harrisburg, PA 17102. If you do not cure the default with 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. 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 attorney's fees. Also, we may 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 day period, and foreclosure proceedings have begun, you will 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 charges, charges then due, as well as the reasonable attorney'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 such Sheriff's Sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. A notice of the date of 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 the following number: (717) 234-4178. This payment must be in cash, cashier's check, certified check or money order and made ,payable to Leon P. Haller, Esquire and forwarded to 1719 North Front Street, Harrisburg, PA J.7102. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST.) YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Very truly yours, PURCELL, KRUG & HALLER ~/! /I~ Leon P. Haller Attorney for: TMS MORTGAGE INC. D/B/A THE MONEY STORE I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 By LPH/ CERTIFIED MAIL - RETURN RECEIPT REQUESTED \ \ 1\1SO 31\0 \ \ postage eor1itiod Fee Special Delivery Foe Restrlded De6vert F.. on 'pI Sho-Mng to en RolumRoCe& d CfI &. Data oelivore -~ '\O.~ 'E I1<<t\<StIJWI'l '''~''. 2- =:'&MdressM'S,6,dIiCSS \ g lOTAL postage &. Foes ~ postmal'k Of Oa10 i qf~l'1f $ THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 1S (! AA~LL VB. CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NANCY A, MCDILDA Defendant THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT, NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for, any money 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 Associaticn 2 Liberty Ave" Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine RoW, carlisle, PA 17013 717-243-9400 AVISO LE MAN DEMANDADO A USTED EN LA CORTE. SI,DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE US TED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA, RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEI~DA. FOR RAZON DE ESA DECISION, ES POSSIBLE QUE US TED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C Plaintiff vs, NANCY A, MCDILDA Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C, is a New Jersey corporation, with an address of 4111 SOUTH DARLINGTON, TULSA, OKLAHOMA, 74135, 2, Defendant, NANCY A, MCDILDA, is an adult individual whose last known address is 139 NORTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013. 3, On or about August 27, 1996, the said Defendant executed and delivered a Mortgage Note in the sum of $27,200.00 payable to TMS MORTGAGE INC, D/B/A THE MONEY STORE (original Mortgagee), which Note is attached hereto and marked Exhibit "A", 4, Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1340, Page 396 conveying to original Mortgagee the subject premises, The mortgage was Subsequently assigned to THE BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1996, SERIES 1996-C and will be sent for recording, 5. The land subject to the Mortgage is: 139 NORTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage, 7, The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on October 1, 1997 and all subsequent installments thereon, and the following amounts are due on the Mortgage: Unpaid principal balance $ 27,081.43 (a) (b) Interest ,at $8,39 per day from 9/1/97 to 5/8/98 (based on contract rate of 11.150%) (c) Accumulated Late Charges and Late charges at $13,11 per month for 8 months 2,079,24 235,10 (d) Escrow (e) 5% Attorney's Commission 1,354,07 $ 30,749.84 *Together with interest at the per diem rate noted in (b) above after May 8, 1998 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 charged that are actually incurred by Plaintiff, 8, No judgment has been entered upon said Mortgage in any jurisdiction, 9. Notice of Intention to Foreclose has been sent to Defendant by Certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copy of such notice attached hereto as Exhibit "C", 10. Defendant is not a member 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 1940, as amended, 11, Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistar.ce, WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest' at the rate of 11,150% ($8.39 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described, PURCELL, KRUG & HALLER By: Leon p, Haller Attorney for Plaintiff LD, #15700 1719 N, Front Street Harrisburg, Fa. 17102 (717) 234-4178 -.-..... .... .: "' :' 0081002107 ADJUST ABLE RATE NOTE (LIIlOR 6 Month L i bor Index-Rate Clips) TIllS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMlINT. TInS NOTE LIMITS TIlE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MINIMUM AND THE MAXIMUM RATE I MUST PAY, August 27, 1996 D.", 139 North Bedford Street, Carlisle, PA 17013 I'ropeny Address I. nORROWER'S PROMISE TO PAY In retum for a loan that I have received, I promise to pay Twenty-Seven Thousand, Two Hundred and 00/100 Dollars (U.S. $ 27.200.00 ) (this amount will be called 'principal'), plus interest, to the order of the Lender. The Lender is TMS Mortgage Inc., dba The Money Store I understand that tile Lender may lransfer this Note. The Lender or anyone who takes this Note and who is entitled to receive payments under this Note will be called the 'Note Holder. . 2. INTEREST I will pay interest at an annual rate of 11.150 % Interest will be charged on unpaid principal beginning on September 1. 1996 , and will continue until the full amount of principal has becn paid. The interest rate I will pay may change in accordanee with Scction 4 of this Note. Interest shall continue to accrue at the interest rate required by this Scction 2 and Section 4 of this Note after the maturity or default of this loan. 3, PAYMENTS (A) AmoulIt of My Initial Monthly Payments I will pay principal and interest by making payments each month ('monthly payments"). My initial monthly payment will be in the sum of U.S. $ 262.12 . This amount mny change. (8) Monthly Pnyment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. TIle Note Holder will dClennine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. (C) Time, l'lace and Application of Payments I will make my monthly payments on the Fi rst day of each mnnOl beginning on October 1, 1996 1 will make monthly payments every month until I have paid all of the principal and interest and any other fees or charges, described below, that I may owe under this Note. If, on September 1, 2026 , any sum slill remains unpaid, I will pay what I owe in full on that date. All monthly payments received by Note Holder'shall be applied first to accrued interest and the remainder, if any. 10 the principal. If I owe the Note Holder any late charges, or Olher fees or charges ('other charges'), they will be payable upon demand , of the Note Holder. Unless prohibited by law, the application of payments may be affected by the imposition of other charges. Therefore. payments of other charges, whether paid to the Note Holder in addition to Ole monthly payment or separately, will be applied in a manner at the absolute discretion of the Note Holder, subject to applicable law. I will make my monthly paymcnls at P.O. Box 1058 Newark, New Jersey 07101-1058 or at a different address if required by the Note Holder. PENNSYLVANIA ADJUSTABLE RATE NOTE IgSOSI Origina.l - File M005.1PA r'!Ia I 014 . \\\\i\\~\\\\~I~\\~~I~~\I!\\\\I~~~~~\\~ 0081002107NTE ,---. (Ll II t 1</~tq ,,- 11 , '. 'f. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1st day of September, 199B and on Ihe 1st day of every 6th month(s) tllereaftcr. Each date on which my inlercst ratr. could change Is callcd a 'Change Date. ' (D) The (ndex Beginning with the first Change Date, my interest rate 'viii be based on an Index, The 'Index' is the average of interbank offered rales for 6 Month L i bor u .s, dollar-denominated deposits in the London market based on quotations of major banks, as published by T'" Wall Street Journal. The most recenllndex figure available as of the 20th day of the calendar month immediately preceding eaeh Change Date is called the 'Current Index. ' If the Index is no longer available, or is no longer publisfled by The Wall Street Journal, the Note Holder will choose a new index or source of index that is based upon comparable informal ion. The Note Holder will give me notice of this choice. (C) Caleulallon of Changes Before each Change Date, the Note Holder will calculate my new intcrcst rate by adding Fi ve and 1 / 2 percentage poims ( 5.500 %) to the Current Index. The Note Holder will then round the result of this addition up to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new imerest rate until tlle next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Dale in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (0) Limits on Interest Rate Cbanges The interest rate I am required to pay at the first Change Date will not be greater than 14.150 % or less !ban 11.150 %. Thereafter, my interest rate will never be increased or decreased o~ any single Change Date by more than One percentage point(s) ( 1.000 %) from the rate of interest I have bccn paying for the preceding 6 month(s). My interest rate will never be greater than 17.150 %, or less than 11.150 %. (E) Effective Date of Changes My new interest rate will 'become effective on each Change Date. I will pay the amount of my new monthly payment beginning on !be first monthly payment date after the Change Date until the amount of my moulhly payment changes again. (F) Nollce of Changcs The Note Holder will deliver or mail to Cle a noticc of any changes in my interest rate and the amount of my monthly payment before the effective date of any'paymcnt cbange. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S FAILURE TO PAY AS REQUillED (A) Late Cbarge for Overdue PaymCllts If the Note Holder has not received the full amount of any of my monthly payments by the end of ,10 calendar days after the date it is due, I will promptly pay a laic charge to the Note Holder. The amount of the charge will be 5.00 % of my full monthly payment. I will pay this late charge only once on any late monthly payment. (D) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in defaull. (C) Notice of Default If I am in default, the NOle Holder may send me a writlen notice telling me d13t if I do not pay the overdue amount by a ccrtain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amouut. That date must be at least 30 days after the dale on which the noticc is delivered or mailed to me. (0) No Wniver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later Lime, (E) Payment of Note Holder's Cosls and Expense.s If the Note Holder has required me to pay immediately in full as described ahove, lhe Note Holder will have the right to be paid back for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees, foreclosure fecs and court costs, PENNSYLVANIA ADJUSTABLE RATE NOTE 19!i051 Original - File MOOS-2PA P,)j]e 2 or 4 0081002107 ",.; .... -, .. .' .. (1'1 Check Colleelinn Charges Jf I present the Note Holder with a check, negotiable order of withdrawal, share draft or other instrument in payment that is retumed or dishonored for any reason, I will pay a check collection charge to the Note Holder. The amount of tile charge will not be grealer tllan U ,S. $ 15.00 6, THIS NOTE SECURED ny A SECURITY INSTRUMENT In addition to the protections given to Ihe NOle Holder under Ulis Note, a Mortgage, Deed of Trust or Security Deed (the 'Security Instrument'), on real property (the 'Property") described in the Security Instrument and dated the same dale as this Note, protects the Note Holder from possible losses which might result if I do not keep Ule promises which I make in this Note. The Security Instrument describes how and under what conditions I may also be required to make immediate payment in full of all amounts I owe under lhis Note. I agree to these conditions. Some of these conditions arc as follows: Trnnsfer of the Property or a neneficinl Interest (n 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 consenl, Lender may, al its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by fedefallaw as of lhe dale of Ihis Security Instrument. If 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 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. 7. nORROWER'S PAYMENTS nEFORE THEY ARE DUE Subject to the application of payments described iQ Section 3(C}, I have the right to make payments of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a 'full prepayment.' A prepayment of only part of the unpaid principal is known as a 'partial prepayment." If I make a partial prepayment equal to one or more of my monthly paymenls, my due date may \>e ndvanced no more than one month. If r make any other partial prepayment, 1 must still make each later paymenl as 'it'becomes due and in the same amount. I may make a ,full or partial prepayment al any time. If the original principal amount of this loan is $50,000 or less, I may make a full prepayment or a partial prepayment without paying any penalty. However, if the original principal amount of the loan exceeds $50,000 and if within the first N/ A months from the date of this loan I make any prepayment(s) within any 12-month period whose total amount exceeds 20% of the original principal amount of this loan, I will pay a prepayment charge equal to six months' ,interest on lhe amount by which dIe total of my prepayment(s) within that 12-month period exceeds 20% of the original principal amount of this loan. S, BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain things. TIlose things are: (A) to demand payment of amounts due (known as "presentment'); (B) to give notice that amounts due bave not been paid (known as 'notice of dishonor'); (C) to obtain an official certification of nonpayment (known as "protest'). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the NOle Holder if I fail to keep my promises under this Note, or who signs this Note to transfer it to someone else, also waives these rights. These persons arc known as "guarantors, ~ "sureties" and ~endorsers." 9. GIVING OF NOTICES Unless applicable law requires a different melhod, any noliee that must be given to me under this Note will be given by delivering it or by mailing il by first class mail addressed 10 me at the Property Address described in the Security Instrument. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address. Any nOlice lhal must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address Slated in Seelion 3(C). A notice will be mailed ro the Note Holder at a different address if I am given a notice of that different address. 10. RESPONSInILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of Ihe promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section S above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us togelher. This means that anyone of us may be required to pay all of Ihe amounts owed under this Note. Any PENNSYLVANIA ADJUSTABLE RATE NOTE I9S051 Original _ File M005.3PA f'''ge :I 014 0081002107 Payments from 10/ 1/97 through 5/ 1/98 B mos. at $262.12/mo, Late charges Deferred Late charges Deferred NSF charges [Other charges! $ 2,096.96 91.77 143.33 80.00 $ 2,412.06 You may cure this default within THIRTY (30) DAYS of this letter by paying to 'us the total amount noted above, plus any additional monthly payments and late charges (and other charges) WHICH MAY FALL DUE DURING THIS PERIOD. Your monthly payment is $262.12. Late charges in the amount of $13.11 accrue after the fifteenth of each month. Such payment must be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER made payable to Leon P. Haller, Esquire and forwarded to 1719 North Front Street, Harrisburg, PA 17102. If you do not cure the default with 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. 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 attorney's fees. Also, we may 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 day period, and foreclosure proceedings have begun, you will 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 charges, charges then due, as well as the reasonable attorney'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 such Sheriff's Sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. A notice of the date of 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 the following number: (717) 234-4178. This payment must be in cash, cashier's check, certified check or money order and made ,payable to Leon P. Haller, Esquire and forwarded to 1719 North Front Street, Harrisburg, PA 17102. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST.) YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Very truly yours, By P~';RII :J4LER Leon P. Haller Attorney for: TMS MORTGAGE INC. D/B/A THE MONEY STORE I.D. #15700 1719 N. 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