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Home My WebLink About03-0697MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Fifth Third Bank 38 Fountain Square Cincinnati, OH 45263 Plaintiff VS. JUDITH L. MITCHELL AND CLARENCE V. MITCHELL JR. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OVgED 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 a~er 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 f~rther notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN 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, O 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 DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, c/o Fifth Third Bank 38 Fountain Square Cincinnati, OH 45263 Plaintiff VS. JUDITH L. MITCHELL AND CLARENCE V. MITCHELL JR., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION 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 with 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 from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff 5. The land subject to the Mortgage is: 402 FOURTH STREET, SUMMERDALE, PENNSYLVANIA 17093 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on November 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCII?AL BALANCE Interest at $25.56 per day From 10/01/2002 To 03/01/2003 ( based on contract rate of 9.750%) $95,720.12 $4,651.91 Accumulated Late Charges $0.00 Late Charges $41.99 From 11/01/2002 to 03/01/2003 $251.94 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $0.00 $4,786.01 $105,409.98 **Together with interest at the per diem rate noted above after March 01, 2003 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. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been detemfined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.750% ($25.56 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. Leon P. Haller, Esquire Attomey for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) t355423 AIXIUSTABI~ P. AT~ NOTE (LIBOR Index - Rate Caps) 2-Year LIBOR ARM Non-Conforming THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. MY ADJUSTABLE INTEREST RATE CAN NEVER EXCEED OR BE LESS THAN THE LIMITS STATED IN 1141S NOTE. ISlltel 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, premise to pay U.S. $ 9 7.; B 0. o 0 (this amount is called 'principal'), plus interest, to the order of the Let;ilar. The Lender is .Brokered Out. ' . I understand that the Lender max transfer thle Note. The Lender or anyone who lakes this Note by transfer arid who is entitled to receive payments under th~s Note "Note Holder'. . ' is called the INTEREST interest will be charged on unpa d princ pa until the fu=l! amount of principal has been paid. I will pay interest at ayeady rate of g 7 5 0 0 ~. The interest rate I will pay may change in accordance with Section 4 of this No-"~'~'--'. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the ] s t. day of each month beginning on ~ e ~) t. · · b e r 19; 9 . I will ma-'~hese payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My month y payments will be applied to interest before principal. If on A u ~ u s t. 1 ; 02 B , still owe amounts under this Note I will pay these amounts in ful on that date, which is called the 'maturity date". ' 1355473 I will make my monthly payments at O l d Kent Mortgage, 4420 441:h Street ~_~tt.e S. Grand Rapids, Hi 49512 or at a differ~nt place if requirad by Nota Holder. (B) Amount of Monthly Payment~ My monthly payment will be in the amount of U.S. $ a 4 !, 6 3 . This amount may change. (C) Monthly Pl~jment Chengel Changes in my monthly payment will reflect changes in the unpaid principal of my can and in the interest rate that I must pay. The Note ~lolder w determine my new interest rate and the changed amount of my monthly paymanl in accordance with Section 4 of this Note. 4, ADJUSTABLE IHTEREST RATE AHD MONTHLY PAYMENT CHANGES (A) The interest rate I will pay may change on the first day of the first full month preceding the second anniversa~j of the fi'ret payment due date of this Note, and on the first d-ay of eve[y, sixth month thereafter. Ea?.h date on which my interest rate could change is called an nterasl Rate Change Date. The adjustable interest rate I will pay will change on the first day eta u ~J u s t ] , 20 O ! . (8) The index Beginning with the first Interest Rate Change Date, my interest rate will be based on an Index. 'The 'Index' is the average of nterbank offered rates for six-month U.S. dollar-denominated deposits in the London market ('LIBOR'), as published in TAr Wall Stre~$o~meL The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Interest Rate Chan e occur ' called the "Current Index.' g s is If the Index is on longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Change Befora each Interest Rate Change Date, the Note Holder will calculate my new interestratebyaddingFour a.d 3/4 percentagepolnts(s)( 4.7500 %)to the Current Index. Th~' Note Holder will then round the rasu~t of this addition up to the nearast one-eighth of one percentage point (.125%) Subject to the limits slated in Section 4(D) be ow, this rounded amount ~11 be my new interest rate until the next nterest Rate 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 excepted to owe at the Interest Rate Change' m~-~e~ NOTE 2YR LleoR P~ 2 ct;6 (~o) ~355473 Data in full on the Maturity Date at my new interest rate in substant a y equal payments. The result of this calculation will be the now amounl of my monthly payment. (D) Llmlte on Intemlt Rate Change The interest rate I am required to pay at the first Interest Rate Change will not increase by more than 3% from the intial interest rate, and will not decrease below the Minimum Rate instated below. Themaffer, my interest rate will never be increased or decreased on any single tare. st Rate C. han. ge Date Dy more Ihan one percentage point (1%) from the rate of interest I ve oean paying for the preceding six months, and in no event will be less than the Minimum Rate stated below. My interest rate will never be greater thanF * r t · e, a, d 3 / 4 percent ~. 7 s 0 0 which is celled the 'Maximum Rate.' My interest rate will never be less than.' %) Nl,e and 3/4 percenl~.Tsoo %) which is called the 'Minimum Rate. (E) Effective Date of Change My now interest rate will become effective on each Interest Rate Change Dale. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Interest Rate Change Date until the amount of my monthly payment changes again. (F) Notice of Chantia. The Note Holder will deliver or mail to me a notice of any change in my interest rate and the amount of my month y payment before the effective date of any 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. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments o! principal at any time before they are due A payment of principal only is known as a "prepayment'. When I make a nrAnnurn~ant ' I mill t=, the Note Holder in writing that I am doing'so~- - r--,--. ............... Except as provided on a Prepayment R der that I sign [Initial If Rider will be signed }, I maymake a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepaymenls to reduce the amount of principal that I ow6 .u,.n_d_er__this .Note. If I m .a?.e a partial prelpay~e., nt., .~e. r.e. will be no changes in the due date or in i.u amount O! my momllly payment un,ess me r~oTe Holder agrees in writing to those changes. Mypartial prepayment may reduce the amount of my monthly payments after the flint Interest Rate Change Date fo ow ng my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. ,~e~:suae NOTE 2~R UB~q P~3of6 (,lam) 1355473 s. Loan Charges If a law, which applies to th s oan and which sets maximum loan charges, is finally interpreted so that the interest or other aah charges collected or to be collected in co .nnecll.on with this loan exceed the permllted limits, then: ri) any such loan charge shall be reouced Dy the amount necessary to reduce the charge to the ~ermitted limit and (ii) any sums already collected from me which exceeded permitted mits will be relunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lite Charge for Overdue Paymente If the Note H, old.er has. not received the full amount of any monthly payment by the end of ]; calanoar oays after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge w ~ 0 0 0 o % of my overdue payment of principal and interest. I will pay this late charge promptly ~ once on each late payment. (B) Default If I do not pay the full amount of each monthly paymenl on the date it is due, I will be in default. (C) Notice of D~aul! If I am in default, lhe Note Holder may send me a wriften notice telling me that if I do not pay the overdue amounl by a certain date, the Note Holder may require me to pay ~mmediately the full amount of principal which has not been paid and all the interest thai I owe on that amount, That date must be at least 30 days after the date on which the notice is delivered or mailed to me. rD) No Waiver By Note Holder Even if, at a t me when I am in defau t, the Note Holder dues not require me to pay immediately in ful as described above, the Note Holder will still have the right to do so if I am n default at a later time. rE) Payment or Note Halder'l Co~te end £xpensee If the Note Holder has required me to pay mmediately in full as described above, the Note Holder will have the right to be paid back by me for ailof its costs and expenses in enforcing this Note to the extent not proh bited by applicable law. Those expenses include for example, reasonable attomeys' fees. '. ~:SUaP NOTE 2YR ~355473 8. GIVING OF NOTICES · U.,nlass applicable law requires · different method, any notice that must be given to me unoer mis Note will be given by delivering it or by mailing it by first claes mail to me et the Property Address above or et a different eddres~ if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under ~his Note will be given by mailing it by first class mail to the Note Holder at the address staled in Section 3(A) above or at a cliff·rani address if I am given a notice of that different address. 9. OBLIGATIOI~; OF PERSONS UNDER THIS NOTE · If more than one person signs this Note each person is ful y and personally obligated to Keep all of the promises made in this Note, includ ng the promise to pay the full amount owed. .,~.ny pe.rson who is a guarantor, surety or endorser of this Note is also obligated to do these tmnga. Any person who takes over these obligations, including the obligations of a guarantor, ?.ur. sty or et~l...om?r of this Note, is also obligated to keep all of the promises made in this More. The Note Holder may enfome its dghts under this Note agmnst each pemon individuaJly or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. b in the e. vent any provision of this Note is finally determined to be invalid or unenfomeable y a court o1' ~etant jurisdiction, such determination shall not affect the validity or enforceability of any bther provision. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and nof~ce of dishonor. 'Presentment' means the right to require the Note ~o_ld,,er.to..de~.. a .r~l payment of .amo..unts due. 'Notice of dishonor" means the right to require ~,e wore r~o~er to give notice to omar persons that amounts due have nol been paid. 11· UNIFORM SECURED NOTE This Nole is a uniform instrument w th mired variations in some jurisdictions. In addition t..o the protections gi, v, en to the Note Holder under this Note, a Mortgal~e, Deed of Trust or -".ecurity Deed (the Security Instrument'), dated the same date as this Note, protects the Note Holder from possible losses which might result if f do not keep the promises which I make in Ittis Note. That Sec. ur ty nstrumenl describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Pr~erty or · Beneficial Intem~t In Borrower. If all or any part of tho Prope.r~/or any interest in t is so d or transferred (or if a benel'~al ntarast m Borrowe~' is sold or transferred and Borrower is not a natural person) without Note Holder's pr or written consent, Note Holder may at its option, require immediate paYment in full of all sums (x~:~ue~ NOTE 2y~ t.mo~. P~ 5 of 6 (4~) I t365473 secured by the Security Instrument. However this option shall not be exercised by Note Holder if exercise is prohibited by federal law as of the date of the Security Instrument. Note Holder also shall not exercise this option if: (a) Borrower submits to Note Holder information mquirad by Note Holder to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Note Holder reasonably determines that Note H. o. lde. r's.security will not he impaired by the loan assumption and that n. SK O1 a oraach of any covenant ~ agreement in the Security agraernenl is acceptable to Note Holder, If Note Holder exercises this option to requ re mmediate payment in full, Note Holder shall give Borrower Notice of acceleration. The notice snail provide a period of nof less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums s .ecu~d.by the Security Instrument. If Borrower fails to pay these sums pnor to me expiration of this period, Lender may invoke any remedies permitted by the Security Instrument withoul further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. The provlskms contained In the Rider(s) to this NO~ s~gned by,a~ Borrowers named herein, are hereby incorporated Into and shall amend .nd supplement thl~ Noto. Ij ~ dJu*lth L. ,l£cne,~ - -Borrower (Seal) -Borrower [Sign Original Only] nOTE a'm I h~reb¥ cer~l n tn ~e and c~*,a,;: copy Number: AP# 39-MITCHELL.CLA LN~ 1355473 MORTGAGE MIN C' T~IS ~ORTGAGE ("Security Instrument") is given on July 28, 1999 . The non.or is farenc~J~itchel). Jr. and Judith L. Mitchell. Husband and Wife ('Borrower"). This ~een~ity Ins~n~,-nt is given to Mo~tF, a~e ImecttonJc ~on ~, ~. ('M~'). (miry ~ ~8) 679-MERS. Broke?~ Out ("Lender") is organi~-d and ex. isling under ~e laws of ' add,ers of , and has en Ninety Seven Thousand Nine Hundred Sixty and no/lO0 'Borr°wer°we~l'za~er tbeFrtncipaJsem°f ~o)~n (u.s, $ 97,960. O0 ). This d~b~ is evidcac~l by Bonow~'s note dat~l the san~ dat~ ~s this Security Insmmm~ ('Note'), whic~provldes for monthly payments, with the full debt, if nm pa~d earlier, due and payable on ,~JS~ 1. 20~9 Th~s Smmr~ty l~trmn~l s~d~ lo Lender: (a) Ihe repaym~l of the de~ evidenced by l/~e No~e, w~h int~n~, end aB t~.wal~, extensions and modl~c~ions of the Nole; (b) the payment of all o~er ~n'as, wilh lmerest, ~dvan~d unde~ ~ 7 Io ptote~ ~e s~eurity of this Security Insmmm~; and (¢) ~he per~ormm~e of Bon~wer's covensnts and a8~ .t~,~. this Security Insu'ument nmi the Note. For this purpose, ~ does hereby mortgage, gram nmi convey to MERS (solely ~s nominee for Lender and l.e~'e ~,,~-~ov; and a~18~) an~ to tho s'~cce~om and a~Jknm of MER$. .prop~y mcm~ in Cumber] and County. P~ylv~ia: which h~the ~ of 402 Fourth Street Summerdale [c~].Penn~i,nmis 17093 ~c~) ('~'); ~- ~ f~ Tn~ ~d ~ ~ '~ m li~ ~ or ~ ~u w~ ~v'~-;- ~-~-, --,~.~- ~::',~ ~ hum ~ ~ m mil, a ~ ('~') for: or ~ ~ m ~ ~Y'Z Y'~ ~ ~ty ~t. a :m on m ~y; ~) ~y ~ a ~e. H~ ~ .~ ~ui-- ~ .......... ~ ~m ~ ~ ~ty ~t ~ ~e m a~t a~ ~ ~ ~ I~ymcms may no longer be requital, a~ ~he opti~ of [~. if ~ p~ ~ui~ m ~n ~ngqe ~su~ in 9. ~ton. ~ or its ~t ~y ~e ~blc ~fi~ ~n ~ ~ of ~e ~. ! ~ ~l ~ve 10. Co~. ~e p~ of ~y a~ or ~n~ation or ~ ~hg of my p~ of ~e ~y, or for ~n~y~ ~ ~p~d m ~. In ~ ~t of a ~ ~8 of ~e P,~y, ~e p~ w~ or not ~ ~, ~ ~y ~ p~d ~ ~. In ~ ~ of a ~ ~ of ~e ~ h wM~ ~ f~r ~ v~ of ~e ~ ~y ~ ~ ~ng · is ~u~ty l~m~t ~1 ~ ~ by ~ ~ of ~re ~e t~ing, ~y ~ ~1 ~ ~d to ~. Iff ~ ~t of a ~ l~g of ~e ~ ~ ~ ~ f~ ~g, unl~ ~ ~ ~ o~ig ~ ~ ~g ~li~ to t~ s~ ~ ~ ~ ~ h~t w~r or ~ ~ ~ ~ ~ d~. If ~e P~Y ~ ~ by ~w~, ~ ~. ~ ~ti~ by ~ m ~ ~ ~ ~ro~ m ~ ~ ~ or ~t~ a ~m for ~, ~ f~ls m ~ m ~ vi~h 30 ~ys ~ ~c ~ ~ ~ is ~. ~ is autho~ to ~11~ ~ ~y ~ p~s, l ~ by ~ ~ty ~, w~ or ~t ~ ~, ~ ~e due ~ of ~ ~ly ~ ~fe~ m in p~ 1 s~n ~ ~t. Any fo~ ~ ~ in ez~sing ~y ~ or my dg~ or ~y. 12. ~n md ~ ~d; J~m ~d ~ ~ 17. ~*a ~v~u ~ a~ ~ ~ ~y ~ions ~ ~d m ~c t~ of ~ ~ty ~ ~ ~ N~ wi~m ~ ~'s ~t. 13. ~ ~. lf~ ~ ~ by ~ ~ity ~ law is fi~ly ~ ~ ~ ~ ~ or ~ · e ~tt~ ll~t; ~ ~) ~ ~ M~ ~11~ f~ ~. ~d~ ~y ~ m ~ ~ ~ by ~ ~t m ~. Ifa ~ ~ ~i~, ~e ~uc~n will ~ ~ ~ a ~ ~ ~ ~y p~ay~t ~e ~ ~e ~ 14. Nofi~. ~y ~ m ~w~ ~vi~ for ~ ~ fi~ ~ ~1 ~ ~l~l~ I~ ~ u~ of~ ~. ~ ~ ~1 ~ ~ m ~ ~ A~ ~. ~ ~w; ~. ~s ~ giv~ e~ wi~oul ~ ~fli~ ~vi~n. To ~is ~ ~ble. 16. Bo~'s ~y. ~ ~1 ~ giv~ o~ ~o~ ~ of ~ ~ ~ of ~ ~ty~ 17' Tt'm~fer of the IYOlm~Y or a ~meflelal Intl,-est In Borrows. If all or any i~ of ~e Prope~y or any ~ ~ ~ is sold or transferred (or ifa beseficiaJ inte~st in Bottowe~ is sold or mmsfesved and Borrowe~ is not a natural l~'rmn) :of this Security lnst~u~ ' °pt~on s~afl not ~e exercised by Lender if e~-c~e is prohibited by federal law m of the date If Lender exercises this option, Lender s~JI give Borrower notlcg of a~cde~-ation. The notice shall provide a period of not Ires than 30 d~ys from the date · t~e notice is delivered or mailed wilhin whic~ Borrower molt pay aH sums secured by m~ ~e~unty mm'umem discontinued at any ttme prior to the earlier of: (a) 5 days (or such other period as ~q~pli~.able law may specify for reinsmm~m) before s~Je of tl~ ~ pursuant ~o any power of sale con. ned in m '~ uv uue unu~' Uus Sccunty Im mmem and t~o No~ ns if no a~cclm~tion bM ~; ~) ~ -,~,~,.--.,.~..s~c~_..~,~_,~. ~.. t, ~ s d.g~..m the Properly and BormweF's obfi Gn lo pay I~e su~s secm~l by o_o!~m.on? s~cured hereby shall remain fully effective as if no acceleration had occurred ~owever this'ri~-lo not n l~y m tl~ case of accele~tion under imra~ 17. · . ~ ..... . ...~de or' No~, '. C~ of ~ .S~*vi. 'ee~. The Note ar · pavia] inte~st in the Nme (toge~e~ with ~ · ............. utm~ctla~em~a:oman~wi~hpar~ 14abovcand ic~bl I . ,Bom~ __ info~0.ion required by applicable law. . I~ that is in violntio~ of any Envl~ Law The ~d~'; ~ .~a~w._.~.~y~_.,elle 1o .do. m.y~ln~ affe~ins the resident, uses~°~?o n~°'fte~c~ oq~nf IIt~ °fPr~vHaZard°m Subslmc~ tl~t a~e gem~lly r~oinlzed to be approp~ate to normal Borrow~ shall pr0mpdy We I~"~ notice of any inve~ig~io~, clsln~ demand laws~i! or other .etC.~ _l.Ov. ,e~. _Iai or ~ulatoP/age~y or private pray involving the Pro~-rtv and any H~dm,. ~.~.n.~,. ~. ~:-.:: --- ali n~cessa~T remedial actions in accordn,~ with Hn~tal ~.~"~ ~ r~.'peny Is ~**y, uorrow~ shall promptly take ~ate to hca~th, s.~ or c~vimnme~xtal Pr~c~i-"'~: ....... -,-, ,-~ o~ me jmum~m where the Property is located that result In neeele~atlon of the imm setured k. o~.. ~..=~.'~..'~-_~ ~.~ ~ muure to cure lira default as spedfled tony ~ ~ ~,,y fmw. p,~% sog~.lomu~ byjt~d*a p~x~d~ a~d sale of Ibc Property. Lende~ Mini] ~ infom~ Borr~we~ of the right io r~ nfte~ ~.,4 _~:.Mlon and the t~ht to ms~t in the 2~. W~tve.s..Borrows, to the extent permitted by app ~ble law. waives and x~.kases an e~ror · . to ~mfo. tce thss Secumy lnstrumem and I~reb~ w ~ .~-- ~.---~ .... Y . or defec~ m precedings extensmn of time, exentotion from n..~.~,.,./.~'~v-~-~''"'.~':L ~' Shy p~sent o~ rutu~ ¼ws providing f~r my of ~,~. ~-~r~u. Bonower s time to ret,mate provsded m p~a~.~- 18 shall extend to on~ hour prior to the lo ~ ~.~.~hl.me~-~ -o~'~-- ~e' It any of t~e debt secur~l by Ibis Security Immmm~'is lent lo Borrowe~ to nmulre 27. Riders to this Security ln.~ment. If one or more ridcn are executed b~ Borrower and rccordai toge~c~ with this · ~nn'it y Insmnnaflt, the covenants end tpcammts of each such rider sba]] b~ incorlMra~t into and shall amend and s~pleme~ ~rbe covenants and agreen',m~3 of this Sa:u~ity Insuumem as if ~c ridef~s) wcm a pm of tlds ,Security ~(Check applicable box(es)] ~ted Paymc~t lt/d~ ~.~ Ptmm~d Unit Developme~ ~ ~:~ Biweekly J~ Rider IhJlmm Rider ~ Rate Improv~mcm aklcr t ]Sccond Home Rider VA Rider L--] (:M~s) [special Wimcsecs: ,~ y Bom3wer and recorded mth tr. C ence Mitchell. Jr. -~ ~udlth~L-. MitChell ~- "~'~m.~.. (~) (s~) (Se~) Ceflifl~ate or Residence Wit~h~mis 2~h ~yof July , i 9 . C~O~AL~ OF ~V~ ~.~ ~ ~yof ~.1~ I~ ~ly~ C~a~ence HJtcfie11. ~r. and Oudl~h L. H~chell ~ _ ~., W~S ape ~ m ~e ~lhin ~ ~ ~}~g~ ~ they r~ me ~ for ~ ~ ~ ~.i.~ , l ay C~on ~: August 21. 5116 · ~o~ ~hl~ C. N~eda A{[ that certain piece or parcel of land together with the buildings and improve- ments thereon situate tn East Pennsboro Township, Cumberland Count~,, Pennsylvania, bounded and described as follows: BEG][NNZNG at a point tn the southeast corner of the intersection of ~liller Street and Fourth Street; thence eastwardly along the southern line of ~ltller Street one hundred filthy ([50) feet to a point in the western line of Lot No. 32, Section "C" on the hereinafter mentioned Plan of Lots; thence southwardl~ along the westernline of Lot ~1o. 32, Section "C", one hundred fifty (150) feet to the northern l~ne of a twelve ([2) feet wide alle~,; thence westward1, a twelve ~[2 Y long the northern line of said ~ ) feet wide alle~, one hundred ftft~, ([50) feet to a point in the western line of Lot No. 35, Section "C" on the hereinafter mentioned Plan of Lots; thence nortwardl~, along the westernltne on Lot No. 35, Section "C" one hundred fifty ([50) feet to a point. The place of BEGINNING. BEING Lots No. 33, 34, 35, Section "C" tn th'e Plan of Lots known as Summerdale, Pennsylvania, as recorded tn the Office for the Recording of Deeds in and for Cumberland County in Plan Book g, Page :[09. VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. THROUGH FIFTH THIRD BANK HOLDER OF THE ENTIRE BENEFICIAL INTEREST IN THE MORTGAGE. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 11, 2003 Leon P. Haller, Esquire SHERIFF'S RETURN - REGULAR CASE NO: 2003-00697 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MITCHELL JUDITH L ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MITCHELL JUDITH L the DEFENDANT , at 2009:00 HOURS, on the 24th day of February , 2003 at 402 FOURTH STREET SUMMERDALE, PA 17093 JUDITH MITCHELL a true and attested copy of COMPLAINT by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this ~ ~' day of ~ J~zJ A.D. So Answers: R. Thomas Kline 02/25/2003 PURCELL KRUG HALLER By: ~03~O~5 Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00697 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MITCHELL JUDITH L ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MITCHELL CLARENCE V JR the DEFENDANT , at 2009:00 HOURS, on the 24th day of February , 2003 at 402 FOURTH STREET SUMMERDALE, PA 17093 JUDITH MITCHELL a true and attested copy of COMPLAINT - MORT FORE by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this '7~ day of ~ta~k_~ ~9~ C3 A.D. ! ! Prothonotary So Answers: R. Thomas Kline 02/25/2003 PURCELL KRUG HALLER By: Deputy Sheriff MORTGAGE ELECTRONIC REGIS- TRATION SYSTEMS, INC., Plaintiff VS. JUDITH L. MITCHELL AND CLARENCE V. MITCHELL, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: Please mark the above action settled and discontinued, without prejudice. PURCELL, KRUG & HALLER By: Le ller_I~_~00 ~r~y for Plal~ Pur~, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: April 23, 2003