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HomeMy WebLinkAbout03-1242 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id, No, 12248 LAWRENCE T, PHELAN, ESQ" Id, No. 32227 FRANCIS S. HALLINAN, ESQ" Id. No, 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST, FIKJA MELLON MORTGAGE COMPANY 3415 VISION DRNE COLUMBUS,OH 43219 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 03 -/~I/'A... CiviL 't-~ CUMBERLAND COUNTY v, KIRK A. BOBB AIKI A KIRK BOBB SUSAN J, BOBB AIKI A SUSAN BOBB 55 LONGVIEW DRNE MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUN1Y CUMBERLAND COUN1Y BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 5702754610NZB IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OR 43219 2. The name(s) and last known address(es) of the Defendant(s) are: KIRK A. BOBB A/KJ A KIRK BOBB SUSAN J, BOBB A/KJA SUSAN BOBB 55 LONGVIEW DRIVE MECRANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/8/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ALTERNATIVE LENDING MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1352, Page 891. By Assignment of Mortgage recorded 7/2/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 551, Page 381. 4. The premises subject to said mortgage is described as attached, 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith, 6. The following amounts are due on the mortgage: Principal Balance Interest 11/01/2002 through 03/19/2003 (Per Diem $14,84) Attorney's Fees Cumulative Late Charges 11/08/1993 to 03/01/2003 Cost of Suit and Title Search Subtotal $77,398.94 2,062,76 1,225,00 185.33 $ 550,00 $ 81,422.03 Escrow Credit Deficit Subtotal TOTAL 0,00 0,00 $ 0.00 $ 81,422,03 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 81,422,03, together with interest from 03/19/2003 at the rate of$14,84 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. . . , ~'~ L~. 334q5 ~ , ~FTER RECORDiNG MAIL TO: ALTERNATIVE lENDING MORTGAGE CORP. 305 FIFTH STREET. STE 100 SAY CITY HI 48708 ?C::EFl.i P. ZIEGLER ~ECOP.[;ER OF DEEDS ~,i:/.ISERL..::D COUtHY-f'A '96 NOll 22 Prl12 16 LOAN NO. 9 6 I 0 0 6 I 7 7 [Space Above TIIIr LbIe ro. Rcconllnc Dala] MORTGAGE THIS MORTGAGE ("Seeurlty InslIUment') is given OD H 0 V e III b e r 8, 1 9 9 5 , The mortgagor is Kirk A. Bobb and Susan J, 8obb, Husband and wife 55 longview Drive. Hechanicsburg, PA 17055 This Security Instrument is given to A L T ERN AT [ VEL E H 0 [ N G H 0 R T GAGE COR P . , which is organized and existing under the laws of THE S TAT E 0 F Hie H t G AN, and whose address is 3 0 5 F 1FT H S T R E E T, S TEl 0 0, SAY C I T Y. H I 4 8 7 0 8 ("Lender"), Borrower owes Lender the principal sum of 0 n e Hun d red E f 9 h t Tho usa n d 0 0 1 1 a r san d n 0 I 1 0 0 Dollars (U,S. S 108,000.00 ), This debt is evidenced by Borrower's nOle dalecl the same date as this Security Instnllllent ('Nole"), which provides for monthly payments, with the full debt, if nOI paid earlier, due and payable OD 0 e cell b e r 1. 2 0 1 I. This Security Instrument sec:ures 10 Lender: (a) the repayment of [be debt evidenced by the Note, wilb interesl, and all renewals, eXlensions and modifications of lhe NOle; (b) the paymenl of all olber sums, with inlerest, advanced under paragraph 7 to protect lhe security of this Security Instrument; and (c) [be perlormlllCe of Borrower's COVenants and agr=menls under this Seeurlty Inslrumenl and the Note, For this purpose, Borrower does hereby mongage, grant and convey to Lender, the fOllowing descn"bed property located in C U H 8 E R l AND County, Pennsylvania: ("Borrowerj. ALL THAT CERTAIN lot of land situate in the Township of SilVer Spring. County of Cumberland and Commonwealth of PennsylVania, more particularly bounded and described as follows' BEG1NNING at a point on the southern line of LongvIew Road at the westem line of Lot No.9 on the Plan of Harold Stoner known ilS Brandyl.vine VIIage; thence along said Lot No.9, South 41' 19 minutes 10 lIec;onds Wes1150, 08 feet to iI pclnt at Une of lands now or formerly of Kenneth V Seeker, thenee along said Becker land, North 48' S2 minutes 1:2 seconds Wesl 96 feet to a point at line of L.ot No. 17 on said Plan: thenee along the easterly line of Lot No, 17. North 41' 19 minutes 10 seconds East 150,39 f.et to a point on the southem line of LongYl8W Road: thence along the southern line of Longview Road, SouL., 48' 50 seconds E:ut 96 fee: Ie a poinl, the place of SeGINNING, BeiNG L.ot No Hi on Final Limited SubdMsion Plan of Section :2. Part A, Brandywine Village, as recorded In Plan Book 31, Page 12, Cumberland County Recorder's Office which has lhe address of 55 Longview Drive [Strocl] ("Property Address"); MeChanicsburg rCicy] Pentlsylvania I 7 0 5 5 [Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pan of the property. All replacemenls and additiOns shall also be covered by this Security Instrumenl, All of the foregoing is referred 10 in this Security Instrument as lhe "Property, . BORROWER COVENANTS thaI Borrower is lawfully seised of the eslate hereby conveyed and has lhe right 10 mortgage, grant and convey the Property and that the Property is unencumbered. excepl for encumbrances of record. BOrrower WarranlS and will defend generally the tille 10 the Property against all claims and demands. subjecllO any encumbrances of record. l'ENNSYLV ANIA-SINGLE FAMJL Y-FNMAIFHLMc BOOK1352PAGE 891 PAGE I OF5 tlNtFORM INSTRtJM:Er-rr FORM 3039 9/90 . . LOAN NO.9 6 I 0 0 6 1 7 7 THIS SECURITY INSTRUMENT combines uniform COYenaIIts for national use and non-uniform coVenants with limited variations by jurisdiction to constitute a uuiform security instrument covering real property. UNIFORM COVENANTS, Borrower and Lender covenant aDd agree as follows: 1. Payment or PrIncipal and Interest; Prepayment and Late ~es. Borrower shall promptly pay when due the principal of aDd intel'e$t on the deb( evidenced by the Note and any prepayment and late charges due under the Note, 2, Funds for Taxes and lasurance. Subject to applicable law or to a written waiver by Lender. Borrower shall pay to Lender on the day monthly paynICIIts arc due UDder the Note. uutil the Note is paid in run, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security IIIstrument as a lien on the Property; (b) yearly leasehold payments or ground l'CIlts on the Property, if any; (e) yearly hazard or property insurance premiums; (d) yearly flood insunnce premiulll$, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. Tbese items arc called "Escrow Items. . Lendei may. at any time. collect and hold Funds in an 2I%lOW\t not to exceed the maximum amount a lencler for a l'edcrally related mortgage 101D may require for BOlTower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as ameuded from time to time, 12 U.S,C. 2601 & seq. ("RESPA "), unless another law that applies to the Funds sets a ICSICr amount. [f so. Lender may, at any time, coIlect and hold Funds in an amount not to exceed Ihe ICSlIer amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law, The Funds shall be held in ID institution whose deposits are insured by a federal ageucy, instrumentality, or entity Cmcluding Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow [terns, L=der may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or veritying the Escrow Items, unleu Lender pays Borrower interest on the Funds and applicable law ~its Lender to make such a charge. However. Lender may require Borrower to pay a one-time charge for an IlIdependent real estate tax reporting service used by Lender in connection with this loan. unless applicable law provides othcrwlse. Unless an agreement is made or applicable law requires interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower aDd Lender may agree in writing. however, that interest shall be paid on the Funds, Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Ftmds and the purpose for which each debit to the Funds was made. The Punds arc pledged as additional seauity for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the rcquiremc:nts of applicable law, If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notity Borrower In writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shan make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion, Upon payment in full of all SUIDS secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If. under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property. shall apply any Funds held by Lender ar the time of acquisition or sale as a credit against the sums secured by this Security Instrument, 3, AppUcatlon or Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third. to interest due; fourth, to priDCipal due; ancllast, to any late charges due under the Note. 4. Charges; Liens, Borrower shall pay all taxes, assesaments, charges. fines and impositions attributable to the Property which may attain priority over this Security Instrument. and leasehold paymeuts or ground rents, if any, Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner. Borrower shall pay thlllD on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, If Borrower makes these payments directly, Borrower shall promptly furnish 10 Lender receipts evidencing the payments, Borrower shall promptly discharge any lien which has priority over this Security lnstrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contesls in good faith the lien by, or defends against enforcement of the lien in, IcpI proceedings whiclt in the Lender's opinion operate to preVent tho enforcement of the lien; or (c) ICCtU'OS from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lenclcr determines that any part of the Property is subject to a lien which !Day attain priority over this Security Instrument, Lender may give BorroWer a notice identifying the lieu. Borrower shall saristy the lien or take one or more of the actions set forth above within 10 days of the giving of nOtice. 5. Hazard or Property Insurance. BOlTower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and BoaK1352 PAGE 892 PAGE 2 OF6 FORM 3039 9190 . . LOAN NO.9 6 1 0 a 6 I 7 7 for the periods that Lender requires, The insurance carrier providing the iDSUraDCe shall be chosen by Borrower subject to LeIIdcr's approval which shall DOt be UIIl'CaSOIlably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. Alllnsurance policies and renewals shall be acceptable to Lender and sbaI1 include a standard mortgage clause. Lender shall have the right to bold the policies and renewals. If Lender J'CCIUires, Borrower shall promptly give to Lender all receipts of paid p:emiums and renewalDOtices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may maIce proof of loss if DOt made promptly by Borrower. Unless Lencfer and Borrower otherwise agree in writing, lasurance proceeds shall be applied to restoration or repair of the Property damaged, If the restoration or repair is economically feasible and Lender's security is DOt lessened, If the restoration or repair is Dot economically feasible or Lender's security would be lessened, the insuraDce pl'OCeeds shall be applied to the sums secured bY this Security Instrument, whether or 110( then due, with any excess paid to Borrower, If Borrower abandons the Property, or does not aaswer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the Insurance proceeds. Lender may use the proceed$ to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 3O-day period will begin when the notice is given, Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragr.aphs 1 and 2 or change the amount of the payments. [fumIer paragraph 21 the Property Is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition, 6, Occupancy. Preservation. Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occ:upy the Property as Borrower's priDCipaI residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which COllSent shall not be IItlreIsor1ably withheld, or unless extell1latiDg circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate. or COmmit waste on the Property, Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security lnsttument or Lender's security interest, Borrower may care such a defanJt and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith detennination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the lOaII application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but DOt limited to, representatiollS concemlng Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7, Protection (If Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there Is a legal proceeding that may significantly affect Lender's rights in the PrOperly (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulatiOllS), then Lender may do and pay for whateVer is lICCCSSaIy to protect the value of the Property and Lender's rights in the Property. Lender's actiOllS may include paying any sums secured by a lien which bas priority over this Security Instrument., appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. ArIy amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security InslIUment. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interellt from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to BOrrower requesting payment. 8, Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security 1nsln1ment, Borrower shall pay the premiums ~ to maintain the mortgage insurance In effect. If. for any reason. the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an a1ternale mortgage insurer approved by Lender, If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insulance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage lID the amount and for the periods that Lender requires) provided by BOOK1352 PACE 893 P^GE301'6 FORM 3039 91')0 . . .' LOAN NO, 9 6 1 0 0 6 1 7 7 an insurer approved by Lender again becomes available and is obtained. Borrower shall pay !he premiums required to maintain mortgage insurance in effect. or to provide a loss reserve. until the requiIement for mortgage insurauce ends in accordance wi!h any written agreement between Borrower and Lender or applicable law, 9. Inspection. Lender or its agent may make reasonable entries upcm and inspections of !he Property. Lender shall give Borrower notice II the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages. direct or consequential, in colUlection with any condemnation or other taking of any part of the Property. or for conveyance in lieu of condemnation. are hereby assigned and shall be paid to Lender, In !he event of a total talcing of the Property. !he proceeds shall be applied to the sums secured by this Security Instrument. whether or not then due. with any excess paid to Borrower, In the event of a putial taJcing of the Property in which !he fair market value of~ Property immediateJy before the taIcing is equa!1O or grea1eI"lhan the amount of the SUIllS secured by this Security Insttument immediately before the lating. UDless Borrower and Lender othe:wise agree in writing. the sums secured by this Security lDstrtunent shall be reduced by the amount of the proceeds multiplied by !he following fractjOll: (a) the total amount of the SU1IIS secured i""""C!iately before the talcIng, divided by (b) the fair market value of tile Property immediately before the taking. Any balance shaI.I be paid to Borrower, In the event of a partial taking of the Property in which the fair Il1II'ket value of the Property immediately before !he taking is less than the amount of the sums secured immediately before !he talcing, unless Borrower and Lender o!herwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security IllStnJment whether or not the sums are then due. If the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemnor offers to make an award or seuJe a claim for damages, Borrower fails to responclto Lender within 30 days after the elate the IICllice is given. Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall DOt extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments, 11. Borrower Not Released; Forbearance By Lender Not a WaiYer. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall DOt operate to release the liability of the original Borrower or Borrower's successors in interest, Lender shall not be required to commeoce proceeclings against any successor in interest or refuse to extend time for paymenl or otherwise modify amortization of the sums secured by this Security Insnument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any righl or remedy shall DOl be a waiver of or preclude the exercise of any right or remedy, U. Successors and Assigns Boad; Joint and Several Liability; Co-signers. The covenants and agreemenrs of this Security Instnunent shall bind and benefit the successors and assigns of Lender and Borrower, subject to !he provisiOll$ of paragraph 17. Borrower's covenants and agreementS shall be joint and several, Any Borrower who co-.signs this Security Instrumenl but does !lOt execute the Note: (a) is co-signing this Security Instnunent only to mortgage, granl and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated 10 pay the sums secured by this Security Instrument; and (e) agrees that Lender and any other Borrower may agree to extend, modify. forbear or make any accommodations with regard to the lerms of this Security Instrumenl or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security instrument is subject to a law which sets l1laXimum loan charges, and that law is finally inteTpreted so that the interest or other loan charges conected or to be collected in COMection with !he loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount nccesscy to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose 10 make this refund by reducing !he principal owed under the Note or by making a direct payment 10 Borrower. If a refund reduces principal. the reduction will be treated as a partial prepayment without any prepayment charge under the NOle. 14. Notices, Any notice to Borrower provided for in this Security Insttumenl shall be given by delivering it or by mailing it by tirst class mail unless applicable law requires use of another method. The notice shall be direcled to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail 10 Lender's addreas stated herein or any other address Lender designates by notice to Borrower, Any notice provided for in this Security inslnlment shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph, 15, Governing Law; Severability. This Security InstrUment shall be governed by federal law and !he law of the jurisdiction in which the Property is located. in the event that any provision or clause of this Security InstrUmenl or the Note conflicts with applicable law. such conflict shall not affect other provisions of this Security [nStnJment or the Note which can be given effect withoul the conflicting provision. To this end the provisions of this Security instrument and the Note are declared to be severable. Bood352 PAGE 894 PAGE40F6 FORM 3039 9(90 . . ! LOAN NO.9 6 1 0 0 6 1 77 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security InstrUment. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is nol a natural person) without Lender's prior written consent, Lender may, at its opdoa, require immediate paymenl in full of all sums secured by this Security Instroment, However, this opdon shall nol be exercised by Lender if exercise isprohibiled by federal law as of the dale of tbis Security lnstrulllellt. If Lender exercises this option, Lender sball give Borrower notice of acceleration, The nolica 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 sums secured by this Security Instroment, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument withoul further notice or demand on Borrower. 18. Borrower's Right to ReiDstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument diJcontinucd at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security InstrUment; or (b) entry of ajudgmcm enforcing this Security Jnstrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under thla Security Instrument and the Note as if no acceleration had occurred; (b) cun:s any default of any 0Iher covenants or agreemenlS; ec} pays all expenses incurred In enforcing this Security lnsnument, including, hut not limited to, reasonable attorneys' fees; and (d) IaIces such action as tender may reasonably require to assure that the lien of this Security lDstrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the ob1igations secured hemby shall remain fully effective as if no acceleration had occurred, However. this right to reinstate shall DOt apply in the case of accelenlion under paragraph 17, 19. Sale orNate; Change of Loan Serric:er. The NOle or a partiaJ interest in the Note etogelherwith this Security Instrument) may be sold one or more times without prior notice to Borrower, A sale may result in a change in the entity (known as the "Loan Sc:rvicer") that collects lIlOIIthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servic:er lIlII'elated to a sale of the Note, If there is a change of the Loan Sc:rviccr, Borrower will be given written notice of the change in acconIance with paragraph 14 above and applicable law. The notice will state lbe name and address of lbe new Loan Servic:er and the address to which payments should be made. The notice will also contain any other information requiRd by applicable law, 10. Hazardous Substances. Botrower shall not cause or permit the presence, use, disposal, storage. or release of any Hazardous StJbstances on or in the Property. Botrower shall DOt do, nor allow anyone else to do. anything affecting the Property that is in violation of any EnvironmeDta1 Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recogn~ to be approprlalc to normal residential uses and to maintenance of the Property. Borrower sball promptly give LeIIder written notice of any investiptlon. claim, demand, lawsuit or other action by any governmental or regulatoTy asency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removaJ or other remediation of any Hazardous Substance atfecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Envirolllllelltal Law. As used in this paragraph 20, "Hazardous Substances" are those substances defIued as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solVClltS, materials containing asbestos or fOrmaldehyde, and radioactive materials, As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located lbat relate to health, safety or environmental protection. NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: n. Acceleration; Remedies, Lender shall give notice to Borrower prlorto acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: ea} the default; (b) the action l"IlqUired to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as .specified may result in ac:celeratlon of the sums secured by this Security Instrument, foreclosure by judIcial proceeding and sale of the Property, Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender, at its option, may require immediate payment in full of all SIII1I$ secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding, Lender shaII be entitled to collect all expenses Incurred in pursuing the remedies provided In this paragraph 21, including, but not limited to, attorney's fees aud costs of title evIdmce to the extent pennltted by applicable Jaw. 22. Release. Upon payment of all sums secured by !his Security Instrument, this Security Instrument and !he estate conveyed shall terminate and become void. After such occurence, Lender shall discharge and satisfy !his Security Instrument without charge to Borrower, Borrower shall pay any recordatioD costs. BooK1352 PAGE 895 PAGESOF6 FORM 3039 9/90 . . ~ LOAN NO.9 6 1 0 0 6 1 77 ,. '23. \taiyers, Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for Slay of execution. extension of time, exemption from attachment, levy and sale, and homestead exemption. 24, Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale)lll1'S\l3Ilt to this Security Instrument. 25. Purchase Moner Moripge, If any of the debt secured by this Security InstrulllCllt is lent to Borrower to acquire title to the Property, this Security IlIStrumcnt shall be a purchase money mortgage. 26. InterS Rate After Judgement. BorrowerAgrees that the interest rate payable after a judgement is entered on the Norc or in an action of mortgage fOrec:.loSUle shall be the rue payable from time to time under the Note. 27. Riders to this Security Instrumeat, If one or more riders are executed by Borrower and recorded togetherwith this Security Instrument, the concenanrs and agreementS of each such rider shall be incorpora~ into and sha11 amend and supplement the CODVeDallfs and agTeClllentS of this Security Instrument as if the rlder(s) were a part of this Security Insnumcnt. [Check applicable box(es)] OAdjustable Rate Rider OGraduated Payment Rider OBallOOll Rider OV.A, Rider OCondominium Rider OPlanned Unit Development Rider ORateI:mprovement Rider OOther(s) [specify} 01-4 Family Rider o Biweekly Payment Rider OSecond Home Rider BY SIGNING BELOW, Borrower acceptS and agrees to the tcI1l1S and contained in this Secority InstrulllCllt and in ~wr rider(~) execwed~by Borrower and recorded with it, ~ IT ~~ o y '~ DaVIa ulnger (t, Q, fltII ~~ ~~ .~.? ~ Certit1cate of Re.sideDee t ALTERNATIVE LENDING MORTGAGE CORP. do hereby certify that the correct address of the within-named Mortgagee is 30S Fifth Street, Bay City, MI 48708. Witnessrnyhandthis 8th dayof November ,1996 D~~/B ~ AJencofMorlplee COMMONWEALm OF PENNSYLVANIA. YO R IC OtIlhis,the 8th day of November County ss: , before me, the undersigned officer P..CISOOally appeared Kirk A, Bobb and Susan J. Bobb, Husband and wife I i ~ la10~~~fi.mctorily proven) to be the person svhose name s a I'S8bscn1led to the within instrument an.flO~gii:I tl1at the y executed the same for the purposes herein contained, . :~. . "'.:>.'0..... ;;)ll;.l ....__~. ~ I:. 4 T n:r~~~~EOF'Ihereuntosetmyhandand(l40cialS . . \~ ~.... -, 0 ~ -a.:1-~. -,' ~'~fres: 1 2 I 2 11 9 8 a L5' ,-:,:~"."~",,, 0 . n ny! 1 ~ ' '" /.) ~ '. ;.,.,~," Y 0 COlIIIIy, PellnsyIYania ., '1:1:1 \..\.7 . ';-"'" " NotaIy Public Tide of Officer ,1996 Notarial Seal JoIv1 G Anthony II. NOlatY Public (Seal) York Twp., York Coun~1 1998 My Cormmssion Expires Dec. , , Member. p~AssOdaticn 01 NoIarieS Bood352 PAGE 896 PAGE60F6 FORM 3039 9198 .LL THAT CERTAIN lot of laud situate in tha Township of Silver pring, Coun:y of :Cumberllnd 'And COlDlDonwealt:h of Pannsylvania, ore part:icular4Y bounded and described as fullows: EGINNING at a poine on t~e southern linG ~E ~onsview Road at the estarn line of Lot No.9 on the Pl~n of Harcld Sconer known as ran d yw in e Vi. 11 a. g e; . the n : e a 1 on g sa i. d L Q t N c.. 9. Sou t: h 4 I d Ii g r e e s 19 minu'res 10 seconds West ISO.08 fe'll: to a paine At: line of: l~nds n(w....or formarly of Kenneth V. lleckerj ehence along said Becker ]an~, North 48 d.~rees 52 minutes 12 seConds West 96 feet: to a p~jrie ~t line of Lot No. 17.on said Plan; ehencQ along the easl:erl} line of Lot: No. 17, Noreh 41 degraes '/9 minuees 10 seconds Ease. 15(.39 feet to a point On t:he sout:hern line"of Longview Road; thence ~long the SOuthern line of Lonsview Road, South 48 degrees 40 lDinuces50 seConds East 96 feet Co a point. the place of BEGINNING. BEING Lee No. 16 on Final Limiced Subdivision Plan of Seceion 2, Part A, Brandywine Village, as recorded in Plan Book 31. Pa.e 12r Cumbarland County aeeorder's Offica. HAVING THEREON ERECTED a dwelling house knovn and nu~be~~d QS 55 Longview Drive. Machanicsbuce. Pennsylvania. UNDER AND SUBJECT, acions. conditions NEVERTHELESS, to easements. restrictions. and rights of way of.tecord. reserv- BErNG the Same premises which his wife. by deed dat:ed March land Cou~cy Recorder ot Deeds' granted and cOnveyed to GARY L. wifa, th~ Crantors herein. HAROLD D. STONER and MARIL~N L. STONER, 16, /978, and recorded in the Cumber- Office at Deed Book R27, Page 673, ~RINER and DEBORAH ^. KRINER. his BEING KNOWN AS: 55 LONGVIEW DRIVE. VERIFICA nON RODNEY FETIY hereby states that he/she is Assiatant Secretary of CHASE MANHATTAN MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 114d5 N y. ~ M- 1[ ~ ~ \\, CI) W ^-..J () ~ ~ ~ 6' ~ r--- ~"'{) ~ '---<. ...f-- -. ..... n ( ~'-.) , ) G 11 PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S, HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Chase Mortgage Company-West, f/k/a Mellon Mortgage Company ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs, Cumberland County Kirk A. Bobb Susan J. Bobb Defendant( s) No. 03-1242 PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. _Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended, Please Vacate the judgment entered and mark the action discontinued and ended without prejudice, __Please withdraw the complaint and mark the action discontinued and ended without prejudice, Date:~ ~:n ~~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 72088 ..,I o c s:. ~.F' 7: i::/, -"':. ~~ /'... :C;. ~ e::::> ;::':) c:r"" c::> (-) --; ~ :r!.-n n . ...-' ~ -00 ...TJT' ~~ ~ 5; :< \ .v !': -...... - . . C> (X)