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Home My WebLink About01-0894 FX M & T Bank Corporation, successors by merger with Keystone Financial Bank, N.A., Plaintiff v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW ARAFAT MASWADEH Defendant : CIVIL TERM 2001- ~1t( ~ NOTICE YOU HA VB 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 NOTlCE ARE SERVED, 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 IMPORT ANT 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 FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Tms FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMP-T TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT ANDSHQULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LJEN AGAINST PROPERTY. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~1i~_, ~ _ .- ,--, . . ,.,1111!'!"., .'-''',W' ~--~ u M & T Bank Corporation, successors by merger with Keystone Financial Bank, N.A., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ARAFAT MASWADEH Defendant CIVIL TERM 2001 COMPLAINT AND NOW, comes M & T Bank Corporation, successor by merger with Keystone Financial Bank, N.A., formerly Farmers Trust Company, through its Attorney, William A Duncan, Esquire, and files this Complaint in Mortgage Foreclosure, of which the following is a statement: 1. The amount in controversy in this action exceeds $50,000,00. 2. Plaintiff is Keystone Financial Bank, N.A., a yorporation organized and existing under the laws of the Commonwealth of Pennsylvania with its main office and principal place of business located at 1 West High Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant is Arafat D. Maswadeh, an adult individual with a last known address of 335 N. West Street, Carlisle, Cumberland County, Pennsylvania. 4, On or about May 12,1995, Defendant made, executed and delivered to Plaintiff a Promissory Note (the "Note") in the original principal amount of Fifty- two Thousand Dollars ($52,000.00), a copy of said note being attached hereto as Exhibit "A", 5. Said note has not been assigned, 6. The provisions of Section 403 of Act No, 6 of 1974,41 P.S. 403 do not apply as the original amount of the loan is in excess of Fifty Thousand ($50,000.00) Dollars. 7. The provisions of Section 2 of Act 91 of 1983,35 P.S, 1680.403c do not apply as the Defendant no longer owns any property subject to the loan which is his principal residence. 'r"n ,-~"kl- I' f 8. Said note is in default because Defendants herein has failed to pay the required monthly installments of principal and interest due and owing for the months of March 2000 through February 2001, 9. After demand by Plaintiff, defendant has failed to pay said installments of principal and interest. 10, As per tenns of the Note, upon default and failure to cure such default after notice, the whole of the principal, interest and late charges due thereunder are collectible forthwith, 11. The following amounts are due on said Note: A. Principal Balance $ 48,303.83 B. Interest@ 9.250/0 from 3/12/00 to 2-8-01 $ 4,058.51 C. Late Charges $ 236.75 D. Attorney's Collection fee $ 2,629.95 TOTAL: $ 55,229.04 WHEREFORE, PlaintiffM & T Bank, demands judgment against the Defendant, in the amount of Fifty- five Thousand Two Hundred Twenty-nine and 04/00 ($55,229.04) together with interest continuing from February 8, 2001 at the per diem rate of$12.42 and cost of suit. 1 am A. Duncan, Esquire Attorney for Plaintiff 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 l" RUE COpy FROM RECORD In T estimol1Y wnereof, I here Ullto ~t my hano 'mo the seal of said coo~jarIlSie. Pa. fhis )II da't 01 " . .~ ~ ~-'AAd- k- ~ ~~- Prothonotary '-!;-'~ < "_'r> -, .' --"~I-~I" ,.' ,. l' CERTIFICATION OF COMMERCIAL TRANSACTION I, John P. Stover, hereby verifY that I am a Loan Workout Officer, ofM& TBank, and, as such, duly authorized representative ofM & T Bank, deposes and says subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities that the underlying transaction 'relative to this Complaint in Confession of Judgment is a commercial transaction to the best of his knowledge, information and belie lui ,P. Stover Loan Workout Officer M& TBank: ',,"~MWII!. . .-~ I.. I'~p ." . 1 .~ , , , PRcr.l'r~,7'r;,",' ",~-'- '..\ai;,-i_U~ '" ~ ~~'_ ~__ .' Borrower: Arafal Maswedeh 131 E. South Street Carlisle, PA 17013 lender: Fanners Trust Company P_ OffIce One West High Street Carlisle, PA 17013 Principal Amount: $52,000.00 Date of Note: May 12, 1995 PROMISE TO PAY. I promise 10 pay 10 Fanners Trust Company ("lender"I, or order, In laWfUl money ollhe Unlled Slales 01 America, the principal amounl 01 FIlly Two Thousand & 00/100 Dollars ($52,000.001, logether wllh Inlerest on the unpaid principal balance from May 12, 1995, unUl paid In lUll. The Inlerest rale will nollncrease above 10.500%. PAYMENT. Sublecllo any paymenl cI1anges resulllnglrom changes In the Index, 101111 pay thUs loan In accordance WIth Ihe followIng paymenl schedule: 12 consecuuve monthly principal and Inlerest payments 01 $401.34 each, beginning June 12, 1995, wllh Interest calculaled on the unpaid principal balances at an Inlerest rate 01 8.000% per annum; and 288 consecutive monthly principal and Interest payments In Ihe Initial amounl 01 $446.00 each, beginning June 12, 1996, wllb Interest l;8Iculaled on the unpaid princlplllbalances at an Inlerest ,rale 013.500 percentage points over Ihe Index described below. My IInalpayfnenl will be due on May 12, 2020 and, will be for all principal and accrued Interest not yet paid, logether WIth any other unpaid amounts under this Note. I will pay Lender at Lenders address shown above or al such other place as Lender may designate In wrillng. Unless olhalwisa agreed or required by appUcable law, payments will be applied first to accrued unpaid interes~ then 10 prtnclpal, and any remaining amount to any unpaid calleclion casts and late charges. VARIABLE INTEREST RATE. The Inleres! rala on this Nate is subject to change from time 10 time based on changes in an index which is the Monthly everage al weekly average auction rates on United Stales Treasury Bills with a maturity of slx months. (the "Index"), Your Interest rate wm not increase or decrease H a change in the index is less than ane-quarter percentage point on any change date. Lender will tell me the currenllndex rate upon my request. I undarsland that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each year. The Index currenDy Is 5.800% per annum. The Interest rate or rates 10 be applied 10 Ibe unpaid principal balance alibis Note will be the rale or rates sel forlh above In lhe "Payment" seellon. Notwlthslandlng any olher provision Gllbls NOIe, Ibe variable Inlerest rate or rates provided for in IhlsNole will be subjecllo Ihe following maximum rate. NOTICE: Under no circumstances will the interest rale an this Nole be more lhan Ihe I....r of 10.500% per ennum or Ihe maximum rate allowed by eppllcable law. Natwllhstandlng Ihe above provisions, the maximum Increase or decrease In the interest rate al eny one time on this loan will not exceed 2.000 percentage points. Unless waived by Lender, any Increase In Ibe Interest rale will Increase the amounts 01 my payments., PREPAYMENT. I agreethal ail loan lees and ather prepaid finance Chlll1lSS are earned IuIly as of the date of the loan and wlil not be subject to refund upon earty paymenl (whelher voluntary or as a result of delault). except as otherwise required by law. Excepl for the foregoing, I may pay wllhaut penalty all or a portion of the amounl owed earlier lhan It Is dUe. Earty payments wUI na~ unless egreed to by Lender in writing, relieve me of my obligellon to continue 10 make payments under the paymenl schedule. Ralher, they will reduce Ihe prtncipai balance due and may resullln me making fewer payments. LATE CHARGE. If e payment is 15 days or more late, I will be charged 5.000% 01 the regularly scheduled payment. DEFAlA.T. I will be in dafeull If any of Ihe following happens: (a) I fail to make any payment when due. (b) I break any promise I have made to Lender, or I fail to parlorm promptiy at the time and striclly in lhe manner provided In Ihls Note or any agreement related to this Note, or In any other agreement or loan I have wllh Lender. (cl Any representation or statement made or fUrnished to Lender by me or on my behelf is faise or misleading in any materiel respect. (d) I die or become Insolvent, a receiver is appointed for any part of my property. I make an assignment for the benefil of credllors, or any prOCeedi!1g is commenced either by me or against me Under eny bankruptcy or Insolvency laws. (e) Any creditor fries 10 lake any of my property on or in which Lender has a lien or securtty inlerest. This includes a garnishment of any of my accounts wllh Lender. (I) Any Of the events described in Ihis defaull section occurs with respeella any guaranlar of this Nole. LENDER'S RIGHTS. Upon default, Lender may, aflar giving such notices as required by applicablelew, declare the entire unpaid prtncipel balance on . this Nola and ell accrued unpaidlnleresl Im~diately due, and then I will pay lhal amount. Lender may hire or pay someone else 10 help cal\ecllhis Nola If I do nal pay. I also will pay Lender that amount. This Includes, subjeclto any limlfs under applicable law, Lende~s allarneys'lees and Lende~s Iegel expenses whether or nolthere Is a lawsuit, Including altornays'lees and legal expenses for bankruptcy proceedings Oncluding efforls 10 modify or vacate any aulomatic slay or Injunction), appeals, and enyanlicipated post-judgment collection seMces. If not prohibited by applicable law, I also will pay any court costs, In addition to ell other sums provided by law. If judgment is entered in conneclion wllh this Nota, InIeresI will continue 10 a=ue on Ihis Nate after judgment atlhe inleresl rete applicable to this Note at the time judgmenlls entered. This Nole has been deDVered 10 Lender and accepted by Lender In Ibe Commonwealth 01 Pennsylvania. II there Is a lawsutt, I agree upon Lender's request 10 submit 10 the jurlsdlcUon of the courts 01 CUmberland County, the Commonwealth 01 pennsytvanla. This Nole shall be governed by and constrUed In accordance with the laws 01 the Commonwealth 01 Pennsylvania. RIGHT OF SETOFF. I grant to Lender a contractuaJ possesscry security interest in, end heraby assign, convey, deliver, pledge, and transfer to Lender ell my right, IIUe and Interesl in and to, my accounts wllh Lender (whether checking, savings, or same ather account), Including without limitation all accounts held joinlly with someone else and ail accaunfs I mey open in the luIure, excluding however ell IRA, Keogh, and Irusl accounts. I authorize Lender, to the extenl permitied by applicable law, 10 charge cr setoff all sums owing an this Note againsteny and ell such accounts. COLlATERAL. This Note Is secured by a Mortgage dated May 12, 1995,10 Lender an real property located in Cumbertand County, Commonwealth of Pennsylvania, e1llhe lerms and conditions of which ere hereby Incorporated and made a part of Ihis Nate. , ,. -'...". ';f~ I" , . ,^ l.n""kT'''^'''-'F'' - -, (' ~~~'!")"r~~~~V' P,'~"":""~ , .,. '-~. " -..., ,.. (Continued) GENERAL PROVISIONS. Lender may delay or largo enforcing eny 01 lis rights or remedies under this Note without losing them. I and any other person who signs, guarantees or andorses this Note, 10 the axlanl allowed by law, waiw presentment, demand for payment, prolasl and notice 01 dishonor. Upon any changa in the terms 0I1his Nola, and unless olherWisa Illq)ressIy s1a1ed in writing, no party who signs this Note, whether as maker, guarantor, accammodation maker or andorser, shall be relaased from liablllty. All such parties ag_ thai Lender may renew or exland (rapaaladly and for any length ~t time) this loan, or raIease any party or guaranfor or collateral; or Impair, IallIo raaIIz8 upon or parfecl Lender's security Inlerasl in the collateral; and lake any other ecIion deemed necessary by Lender without the consent 01 or noUae 10 anyone. All such plllllas also agree !hat Lender may modify Ihi$loan without the consent 01 or noUae 10 anyone olher than the party with whom the IIlIOdilication Is made. PRIOR TO SICNING THIS NOTE, I READ AND UNDERSTOOD AU. THE PROVISIONS OF THIS NOTE, INQ.UDING THE VARIABLE INTEREST RATE PROVISIONS. I AGREE TO THE TERMS OF THE NOTE AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE NOTE. BORROWER: ~,"'-"'"-''''' ,..',...~..,"''!'. X~~~x~ Arafat acleh' " 0" Variable Rate. Installment. LASER PRO, Reg. U.S. Pat. & T.M. Off., Vet. 3.18(C) 1 895 eFt ProSWVlce.. Inc. Allrlghts reaerved.(pA..D20 MASWADEH.L.N R22.0VLJ -....... '.-l">"flCf:!"r!_ , ". .', 1''''1 ~I' - ~ . , ~ ~ " -.......-' C!!A, r::::n; ~~, ~J ~ ~ """.,""'"""~~~ M1ih.,,!t;Ji!:H'"th&IIt~~'j , "~~,*,I~~;"'tl'-' -~ -~",,~~";, - i.' O.FfICE OF THE SIlEll.I,F1!; ,^uuO\"'l"cO ~OU\......' \i 1'1!.}"! ,,,.,.,>,,U../ ",,1,.11 " fEB 14 II lS ~~ '01 C .1 ,.... ~ ~ ,'> [ ,"< ,~\ \-'. \ ~ 'j ::;'1 l.,....l:. PEIHISYLYAHIA ~b"""""''''''"-'''''"''-.~ dlIIIIiIiliii~'" . "-"ILl'" ._"-~ ~ r;;;;r Sit = 1 ~ " " M & T Bank Corporation, . successors by merger with Keystone Financial Bank, N.A., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ARAFATMASWADEH Defendant CIVIL TERM 2001-894 PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of the Plaintiff,M & T Bank Corporation, successor by merger with Keystone Financial Trust Bank, N.A, and against theDefendant, Arafat Maswadeh, in the amount of $55,229.04, with interest at the rate of9.25 percent per annum from February 8, 2001 ($ 12.42 per diem) together with attorney's fees in the amount of five (5) percent and the costs of suit, by reason of the failure of the defendants to enter an appearance or to file an answer within 20 days of the date of service of the complaint endorsed with a notice to defend, By: .~ Dated: G [ tv! D ( William A ncan Attorney for Plaintiff c,~,~~,_ , " .". . --, -'~~- -"" "----'1!!J!!1_"'{._,5'",:':'.~^_, - 0, '4""- " .' -_' ]_ _' I _ . ~ - . M & T Bank Corporation, successors by merger with . Keystone Financial Bank, N.A., Plaintiff v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW ARAFAT MASWADEH Defendant : CIVIL TERM 2001-894 TO: ARAFATMASWADEH Date of Notice: MAY 24,2001 IMPORTANT NOTICE 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 HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PIl.OPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIDS CASE. UNLESS YOU ACT WITHIN TEN DAYS (10), FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HA VEA LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 "' DUNCAN & HART , P,C. WILLIAM A. DUNCAN, ESQUIRE 1 IRVINE ROW CARLISLE, PA 17013 ID# 22080 . ->" -, -'-1'1\1, , , . . M & T Bank Corporation, successors by merger with Keystone Financial Bank, N.A., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ARAFATMASWADEH Defendant CIVIL TERM 2001-894 CERTIFICATION I hereby certify that after Defendant's failure to plead to the Complaint filed by Plaintiff within twenty (20) days after service, written notice of our intention to file a praecipe for the entry of judgment by default was hand delivered to Defendant by William A. Duncan, Esquire, to the Defendant's last known address: Arafat Maswadeh Cumberland County Prison 11 0 1 Claremont Road Carlisle, PA 17013 ~ut Attorney for Plaintiff Dated: June 6, 2001 "T - ,---''.. C(--'!~ "'_ _~~,__ '_ ~,_,~,~ '7~'1_ ,'"." ,;n_ ~_'I,."ll,' , "j, '~." , '''-1"' ",_~,_o 'r:~"'''''<'''"'" ~" ~~ ,,-,_'~ I' "" _~" ~ _", __,_~ ", ." ell: "["" C\':PI"E l~.! ""IE"-~)l I IV , ":~"-:'lln;'iOTARY i'",' ',.,', 1 :--/' I I ~ f I . ~ . ~ z- , , " ~- ~~ , t I . . '. lill! I 2 Ai'\ iO: u ! UI y' CUMbEHlJNO COUN1Y PENNSYLVANIA !/9,ex) ?cL mly Ct::JL.Y~ K I:L ! !d./'I G A2:>1-, LCVh.~ I L'Lcf I I ,,;r < \ SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-00894 P 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M & T BANK CORP VS MASWADEH ARAFAT R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT MASWADEH ARAFAT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , MASWADEH ARAFAT DEFT. COULD NOT BE LOCATED PRIOR TO EXPIRATION DATE ADDRESS IS VALID, 9 ATTEMPS WERE MADE. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 9.30 5.00 10.00 .00 42.30 :o~/./- Sheriff of Cumberla d County DUNCAN & HARTMAN 03/15/2001 Sworn and subscribed to before me thi s '.2 '7 "f!:::. day of ~.1 b-tlJ A.D. 9f1i' - H )-nd},.) # Pr onotary , ','9, . "_< , , . ,.~' ;' Ii"'I , 1~ , ~~ M & T Bank Corporation, successors by merger with Keystone Financial Bank, N.A., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ARAFAT MASWADEH Defendant CIVIL TERM 2001-894 AFFIDAVIT OF SERVICE I, William A. Duncan, Esquire, being duly sworn according to law, do swear that I served a Complaint in Civil Action Law on the Defendant, ARAF AT MASW ADEH, by hand delivering a copy of same to him at Cumberland County Prison located at 1101 Claremont Road, Carlisle, Pennsylvania on May 1, 2001, at 3:30 P.M. \JAA~~ William A. Duncan, Esquire Sworn to and Su?s:??ed before me this..2~ay of Ma 2001 NOTARIAL SEAL Cynthia L. Darr, Notary Public South Middleton Twp" County of Cumberland My Commission Expires Aug, 14, 2004 w''''Il'!'1 .- ,., ~.,-, <_ 1 ,. "";-1 -~ 1.<. '.^--- ,-,' ~ I :','1 4 o 1 \-\~,,"; i'). r~. {~ 1_' .''''; C,' \',' ,:;,', ,;"" ,:',', ,\\,V ;\.)1".<-,....,,'-.1' .'-' <-,.J~' \ I PENNS'ilJN.\'!\ ~ ~ ;,' ~ I . iji g I I I ,Ii \1 ',,-. \ \.c I"~ i:'l '\' U~f \Y\) l"- i\ Ii ~ - vs. In the Court of Common Pleas of Cumberland County, Pennsylvania ,.~,:- t)1 \ I ~; "1... (') () l- c) ( -(Civil. W " () \ No. , ~'~.~~~ To Prothonotary C)VtaCJ\ *'2-0) " \JV\~Q)JJhv~~ ~ Attorney for Plaintiff :-'~"r 0'" ," - .....,.-.~I~I ,," , ~ r ,_ -" ~"., y " ~~. . ~~-. .-."'"'. OF F!i{f;~I?!L::j;{t" ' . "".<j'iuTiviY No. Term, 19 _ OIMAi' _I PN J: 2S cu'" 'I', /\/-0'-'" " 'pf^ikfs~gA~~J/V7Y vs. PRAECIPE Filed 19 . Atty. ~ :-"JIl',__~ _ ,~__,.^ ~~lI!roi\!lll~~!tllJI"j"IIli'>'i')e_~",~,'('-!,",l'f"""'.t0''*'"I'''-J:~"'''t~o/!Jrn'''RO''~'''''''''i"E'''""f~'~"-nl"'l,)'''"'f "VI.I"'"l! "o_,c,' "~'".z;;'! .' ,:Oil;,'fp-~_~ ''''-;''~''-'''')'WI~~'f''JiI!f1!'f~M!jli.mf''R<WFiU! M & T Bank Corporation, successors by merger with Keystone Financial Bank, N.A., Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW ARAFAT MASWADEH Defendant : CIVIL TERM 2001 - <t9t/ Cw;J NOTICE YOU HAVE BEEN SUED IN COURT, IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN TIlE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THE COMPLAINT AND NOTICE ARE SERVED, FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO TIlE CLAIMS SET FORTH AGAINST YOU YOU ARE WARNED THAT IF YOU FAIL TO DO SO, TIlE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN TIlE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTIlER 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. 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 HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TmS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 'dC,",'" _, < M & T Bank Corporation, snccessors by merger with Keystone Financial Bank, N.A., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA ARAFAT MASWADEH Defendant CIVIL ACTION - LAW 2001- 'i9'1 ~ I~ CIVIL TERM COMPLAINT AND NOW, comes M & T Bank Corporation, successor by merger with Keystone Financial Bank, NA, formerly Farmers Trust Company, through its Attorney, William A Duncan, Esquire, and files this Complaint in Mortgage Foreclosure, of which the following is a statement: 1. The amount in controversy in this action exceeds $50,000,00. 2, Plaintiff is Keystone Financial Bank, NA, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its main office and principal place of business located at 1 West High Street, Carlisle, Cumberland County, Pennsylvania 17013, 3, Defendant is Arafat D. Maswadeh, an adult individual with a last known address of 335 N. West Street, Carlisle, Cumberland County, Pennsylvania. 4, On or about May 12, 1995, Defendant made, executed and delivered to Plaintiff a Pro~ssory Note (the "Note") in the original principal amount of Fifty-two Thousand Dollars ($52,000,00), a copy of said note being attached hereto as Exhibit "A", 5, Said note has not been assigned. 6, The provisions of Section 403 of Act No, 6 of 1974,41 P,S. 403 do not apply as the original amount of the loan is in excess of Fifty Thousand ($50,000.00) Dollars. 7, The provisions of Section 2 of Act 91 of 1983,35 P,S. 1680.403c do not apply as the Defendant no longer owns any property subject to the loan which is his principal residence, 'f 8, Said note is in default because Defendants herein has failed to pay the required monthly installments of principal and interest due and owing for the months of March 2000 through February 2001. 9. After demand by Plaintiff, defendant has failed to pay said installments of principal and interest. 10, As per terms of the Note, upon default and failure to cure such default after notice, the whole of the principal, interest and late charges due thereunder are collectible forthwith, 11, The following amounts are due on said Note: A. Principal Balance $ 48,303.83 B. Interest @ 9.25 % from 3/12/00 to 2-8-01 $ 4,058.51 C. Late Charges $ 236.75 D. Attorney's Collection fee $ 2,629.95 TOTAL: $ 55,229.04 WHEREFORE, PlaintiffM & T Bank, demands judgment against the Defendant, in the amount of Fifty-five Thousand Two Hundred Twenty-nine and 04/00 ($55,229,04) together with interest continuing from February 8, 2001 at the per diem rate of$12.42 and cost of suit. CERTIFICATION OF COMMERCIAL TRANSACTION I, John P. Stover, hereby verify that I am a Loan Workout Officer, ofM & T Bank, and, as such, duly authorized representative ofM & T Bank, deposes and says subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities that the underlying transaction relative to this Complaint in Confession of Judgment is a commercial transaction to the best of his knowledge, information and belie hri ,P. Stover Loan Workout Officer M& TBank i~m:l , I ~-I . . /. ,. .' I PROrn,("-r'"'' ",.,-.:-: ~ ", "ti~l,-;':':' t..J'~" ~ ,,~.'-<<I ~ '- Borrower: Arafat MllflWadeh 131 E. Sollth Street Carlisle, PA 17013 Lender: Farmers Trust Company Plaza Office One West High Street Carlisle, PA 17013 Principal Amount: $52,000.00 Date of Note: May 12, 1995 PROMISE TO PAY. I promise to pay to Fanners Trust Company ("Lender"), or order, In IaWlul money 01 the United States 01 America, the principal amount 01 Fifty Two Thousand & 00/100 Dollars ($52,000.00), together with Interest on the unpaid principal balance from May 12, 1995, unUI paid In lull. The Interest rate will not Increase above 10.500%. PAYMENT. Subject to lUIy payment changes resulting from changes In the Index, I will pay this loan In accordance with the lollowlng payment schedule: 12 consecuUve monthly principal and Interest payments 01 $401.34 each, beginning June 12, 1995, with Interest calculated on the unpaid principal balances at an Interest rate 01 S.OOO% per annum; and 2BS consecutive monthly principal and Interest payments In the Inlllal amount 01 $446.00 eoch, beginning June 12, 1996, with Interest calculated on the unpaid principal balances at an Interest rate 01 3.500 percentage points over the Index described below. My final payment will be due on May 12, 2020 and, will be lor all principal and sccrued Interest not yel paid, togelher with any other unpaid amounls under this Note. I will pay Lender at Lende(s address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or raquired by applicable law. payments will be applied first to accrued unpaid Interest, then to principal, and any remaining amount to any unpaid collection costs and lata charges. VARIABLE INTEREST RATE. The interest rate on this Nota is subject to change from time to time based on changes in an index which is the Monthiy average of weekly average auction rates on United States Treasury Bills with a maturity of six months. (the "Index"). Your interest rate will not increase or decrease if a change in the index is less than one-quarter percentage point on any change date. Lender will tell me the current Index rate upon my request. I understand that Lender may make ioans based on othar rates as weil. The interest rate change wiil not occur more often than each year, The Index currenlly Is 5.800% per annum. The Interest rate or role5,Io be applied to the unpaid prlncipel balance of this Note will be Ihe rale or rates set forth above In the "Payment" section. Notwithstanding any olher provision 01 this Note, the variable tnterest rate or rates provided for in this Note will be subject to the following maxtmum rate. NOTICE: Under no circumstances will the interest rate on this Note be more than the lesser of 10.500% per annum or the maximum rate ailowed by applicabie law. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at anyone time on this loan will not exceed 2.000 percentage points. Unless waived by Lender, any Increase In the Interest rale will Increase the amounts 01 my payments., PREPAYMENT. I agree that ail loan fees and other prepaid finance charges are earned fuily as of Ihedate of the loan and will not be subject to refund upon early payment (whether Voluntary or as a result 01 default), except as otherwise required by law. Except for the foregoing, I may pay without penalty ail or a portion of the amount owed earliar than it is due. Early payments wUl' not, uniess agreed to by Lender in wriling, relieve me of my obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in me making fewer payments. LATE CHARGE. If a paymenl is 15 days or more late, I will be charged 5.000% 01 the regularty scheduled payment. DEFAULT. I wili be in default if eny of the following happens: (a) I fail to make any payment when due. (b) I break any promise I have made to Lender, or I fail to pet10rm promplly at the time and strictly in the manner provided in this Note or any agreement ralated, to Ihis Nole, or In any other agreement or loan I have with Lender. (c) Any representation or statement made or furnished to Lender by me or on my behalf is false or misleading in any material respect. (d) I die or become insolvent, a receiver is appointed for any part of my property, I make an assignment for the benefit of creditors, or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. (e) Any creditor tries to lake any 01 my property on or in which Lender has a lien or security interest. This includes a garnishment of any of my accounts with Lender. (f) Any of the events described in this default section occurs with respect 10 any guarantor of this Note. LENDER'S RIGHTS. Upon default. Lender may, after giving such notices as required by applicabielaw, declere tha entire unpald principal balance on . this Note and ail accrued unpaid interest immediately due, and then I will pay that amount. Lender may hire or pay someone else 10 heip collect this Nole if I do not pay. I also will pay Lender that amount. This includes, SUbject to any limits under applicable law, Lende(s allomeYS'1ees and Lende(s iegal expenses whether or notlhere is a lawsuit, including attorneys' lees and legal expenses for bankruptcy proceedings Qncluding ElfforIs ta modify or vecate any automattc stay or injunction), appeals, and any anticipated post-judgment collection SSfVices. II not prohibited by applicable law, I also will pay any court costs. In addition to all olher sums provided by law. If judgment Is enterad in connection with this Nole, Interest will <;antinueto e=ue on this Note after judgment at the Interest rate applicabie to this Note at the time judgment is entered. This Note hasbeel1 delivered to Lender and accepted by Lender In the Commonwealth 01 Pennsylvania. "there Is a lawsuit, I agree upon Lender's request to submit' 10 the Jurisdiction of the courts 01 Cumber\llJld County, the Commonwealth 01 Pennsylvania. This Note shall be governed by arid construed In accordance with the laws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. I grant to Lender a contractual possessory security interest in, and hereby assign, convey, deliver, pledge, and transfer to Lender ail my right, tille and Inlerest in end to, my accounts with Lender (whether checking, savings, or some other account), includi~g without limitation all accounts held joinlly with someone else and all accounts i may open in the future, excluding however all IRA, Keogh, and trust, accounts. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and ail such accounts. COu.ATERAL. This Note is secured by a Mortgage dated May 12, 1995, to Lender on real property located in Cumberland County, Commonwealth 01 Pennsylvania, all the terms and conditions 01 which are hereby incorporated and mada a pari 01 this Note. , " -,~ """""!II~ ,,7 .~ 1_' ,T - I~I' -, - ,=-""'" . ... ;~ .'( f- , ~:.'l"",,,\".t"f""~"""~'" I'-,'-""-~ "':--":r ,. - '(Corltinued) GENERAl. PROVISIONS. Lender may delay or fOlgO enforcing any of Its rights or remedies under this Note without losing them. I and any other person who sigl1!l, guarantees or endorses Ihls Note. to the extent allowed by law, waive presentment, demand for payment, protest and nottce of dishonor. Upon llny chenge in the terms of this Note, llnd unless otherwlse expressly stated In writing, no party who signs this Note, whether as maker, guarantor, accommods.tion maker or endorser. shall be released from IIabUity. All such parties agree thai Lends.r may renew or extend (repeatedly and forany length of time) thls loan, or release any party or guarantor or collateral; or Impair, fall to realIz8 upon or perfect Lender's security Interest in the collateral; and lake any other action deemed necessary by Lender without the consent of or notice to anyone. All such pertles llIso agr.. that Lender may modity thls 1000n without the consent of or notice to anyone other than the partywllh whom the modification Is mads.. PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. I AGREE TO THE TERMS OF THE NOTE AND ACKNOWLEDGE RECEIPT OF A COMPLEl'ED COPY OF THE NOTE. BORROWER: x~~~({~l Variable Rate. Installment. LASER PRo, Reg. U.S. Pat. & T.M. Off., Ver. 3.19 (c), 99S OFI ProServlcos, Inc. All rights ros-orvecl.IPA-C20 MASWACEH.LN R22.0VL] -"", \,'~,- I.f -, ,""'. 1i."1 " ~