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Home My WebLink About01-1209 FX .., - .~",." , . -,,-"..-~'" ,,,.-- ""-,~;-, -,.-",,,.,.,,.,,,~-,," w' .",<.:;:c,~-" .' "'--",,_', -. -":'-i'.o-;;'-~-';;'~"__':j->,,, __ _ ___ .' >"",_" . COMMERCE BANK/HARRISBURG, N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW DOCKET NO. Of - fHii' C;JL'L I~ FRANKJ.COSTANZAand JOAN APPLETON COSTANZA, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment 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(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 j[ , . ~~. ,___" "~" ~'c , ' ',-- -, -~ :,.';;'-_' -"'" ~ - ','c -.., "~,--,-J,-,-",-; ,-;;.,_ ~'"-, i .,.,.;,_'"_. C~'~"~'",;;-"-,"-__ "~;_/:_ ':""1 COMMERCE BANK/HARRISBURG, N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. DOCKET NO. FRANK J. COSTANZA and JOAN APPLETON COSTANZA, Defendants NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDlATAMENTA. SI NO TIENE ABOGADO 0 SI NO TIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DlRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CiONSEGUlR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 ,-, - .,~. ~'> ,- ~, <'_'h% ""' '. ~'"', -~;;,-" :'"h' /V,,> -',,>,-.;:,,-,--., ~ -~"''''j:' COMMERCE BANK/HARRISBURG, N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. FRANK J. COSTANZA and JOAN APPLETON COSTANZA, Defendants DOCKET NO. /!Jj- /.209 &vJ T;.M40- COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, Plaintiff, Commerce Bank/Harrisburg, N.A., through its counsel, Mette, Evans and Woodside, brings this Complaint before the Court, in support of which it avers as follows: 1. Plaintiff is Commerce Bank/Harrisburg, N.A. (hereinafter "Commerce Bank"), a national banking association with an office at 100 Senate Avenue, Camp Hill, Pennsylvania 17001-8599. 2. Defendant, Frank J. Costanza, is an adult individual who resides at 53 Honeysuckle Drive, Mechanicsburg, Pennsylvania 17055. 3. Defendant, Joan Appleton Costanza, is an adult individual who resides at 53 Honeysuckle Drive, Mechanicsburg, Pennsylvania 17055. _" V_'__," ',,~ .". ., ,--;;,~' ,- - '-'. . IlNrit 4. In 1998, Commerce Bank extended a commercial loan (hereinafter "Loan") to Defendants, individually and as partners d/b/a Phoenix Collective Intelligence, LLC, in connection with the start-up of a new business. 5. The principal amount of the Loan is $25,000, approximately $4,000 of which was to be used for the purchase of inventory and approximately $21,000 of which was to be used for working capital. 6. In consideration of the Loan and as evidence of the indebtedness, Defendants executed and delivered to Commerce Bank a note dated October 9, 1998 (hereinafter "Note"). A true and correct copy ofthe Note is attached hereto at Exhibit "A" and incorporated herein by reference. 7. On the same date and to secure the Note, Defendants duly executed and delivered to Commerce Bank a mortgage, a copy of which is attached hereto at Exhibit "B" and incorporated herein by reference (hereinafter "Mortgage"). The Mortgage was recorded on October 22, 1998 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, at Book 1491, Page 102. 8. The land subject to the Mortgage is described as follows: 2 ..' ". ..~ "0'_0' ~.' ~ " .-~,," ""'-"'-\., :---",--".. /~ _~'';'.H'" __;'\ .-. - -,,'.,<_.-.':"', :" All that certain piece or parcel of land situate in Silver Spring Township, Cumberland County, (erroneously referred to in prior deed as Dauphin County) Pennsylvania, as set forth on a Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Development Company, as prepared by Gannett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 49, Page III, and more particularly bounded and described as follows, to wit: Beginning at a point on the right-of-way line of Honeysuckle Drive at the dividing line between Lots Nos. 167 and 168 as shown on the aforementioned Subdivision Plan; thence along said right-of-way line of Honeysuckle Drive by a curve to the left having a radius of 175.00 feet, an arc distance of 59.50 feet, with a cord bearing North 520 18' 24" East, a distance of 159.11 feet to a point at the dividing line between Lots Nos. 168 and 169; thence along same South 47039' 2" East 151.40 feet to a point; thence South 25016' 2" West a distance of 68.86 feet to a point at the dividing line between Lots Nos. 168 and 154; thence along same South 79020' 40" West, a distance of 60.77 feet to a point at the dividing line between Lots Nos. 168, 154 and 167; thence along the dividing line between Lots Nos. 168 and 167 North 28010' 12" West, a distance of152.17 feet to a point, the Place of Beginning. Being Lot No. 168 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section Three, Wynnewood West Development Company. Containing 14,159 square feet, more or less. Under and subject to setback lines, easements and conditions as shown on the aforementioned Final Subdivision Plan and restrictions and conditions as set forth in the Declaration of Wynne wood West Development Company that is recorded in Cumberland County, Miscellaneous Book 308, Page 260. 3 ",:,__j;',;<,'i',__._, '"h ,~.-..... ~ -, ~ ", ^ ---- ~'~', ~ ,--, - <-, ''-'~_'~''~'n"'_ <,'-" -.^,-{" ,-- -~-~-,'---~'-'''',"~;,,,_,fi_,''.',, ;"';',;,;-"~,:,- r: [- ,"_-;,__'0' ;;'~e ",~",~_-;,,_~,-, , Also, under and subject, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way of record or viable upon inspection of premises. Being the same premises which Frank J. Costanza and Jean Ann Costanza, his wife, by deed dated January 14, 1995 and has been recorded immediately prior to the recording hereof, granted and conveyed unto FrankJ. Costanza, grantor herein. 9. Pursuant to the Note and the Mortgage, Defendants covenanted and agreed that they would pay the indebtedness as provided in the Note and that the whole principal sum and interest would become due at the option of Commerce Bank in the event that Defendants fail to keep, observe or perform any of the covenants, conditions or agreements contained therein. 10. Specifically, pursuant to the Note, the "Borrower [i.e., Defendants] agrees that if default occurs on this Note * * *, Lender [Commerce Bank] has the option to make this Note * * * immediately due and payable." (See Exhibit "A" at pg. 1.) 11. Specifically, the Mortgage provides that: The Mortgagor covenants and agrees that if he shall fail to pay said indebtedness or any part thereof when due, * * * the entire indebtedness hereby secured shall immediately become due, payable and collectible without notice, at the option ofthe Mortgagee * * *." (See Exhibit "B" at par. 3.) 4 ',.",,'-.,-.'----< ,~ " ~ _ ,~- .'" ,<-- -~ ,,~ " '. --"'" ~. ,-- _,'. ,,,,,<'>0-',. ,~-~ ,-,',:,,-, _,',_"",;~, -/,," ,c~,';,,,'~,:,,,'j;;;-,,-<:,' ,_c, ^ :~. 12. The Note was amended by written instrument dated September 30, 1999 (hereinafter the "Note Addendum"). A true and correct copy of the Note Addendum is attached hereto at Exhibit "c" and incorporated herein by reference. 13. The Note Addendum modifies the terms for certain payments which were to be made to Commerce Bank by Defendants during the months of August, September and October, 1999; otherwise, the Note Addendum "ratifies and confirms" the terms and conditions ofthe Note. 14. Defendants have defaulted in the performance of their obligations under the Note by failing to pay, inter alia, the monthly installments of principal and interest due as required under the Note. 15. By notice dated October 11, 2000, Commerce Bank provided Defendants with written notice of their default. A true and correct copy of the written notice is attached hereto at Exhibit "D" and incorporated herein by reference. 16. Defendants have failed and refused to cure their default under the Note. 5 - -. -~ - ,-~ -~- - ,-. ^,- .,," - c,/~'___~"~,,,_ -'---"~-"'" .-' '<"-,,,,-'.- -' ---"~,k;-"-,;,-': u~~ 17. Commerce Bank has called the Note and declares the unpaid principal balance, together with accrued interest, attorneys' fees and costs as provided therein, to be immediately due and payable. 18. The following amounts are currently due and owing Commerce Bank on the Note: Unpaid Principal Balance Under the Note (Exhibit "A") $ 19,429.66 Interest Accrued and Unpaid As of February 19, 2001 ($5.94 per diem) (To be further calculated at the time of complete payment or collection) $ 1,531.82 Late Fees as of February 19, 2001 (To be further calculated at the time of complete payment or collection) $ 259.35 Attorneys' Fees and Costs of Suit To be determined TOTAL: $ 21,220.83 (As of February 19,2001) 19. In accordance with the notice requirements of 41 P.S. ~ 403 and 35 P.S. ~ 1680.402(c), Commerce Bank sent thirty days advance written notice of intention to foreclose by first class mail and by certified mail to the Defendants at their last known address and at the residence which is the subject of the Mortgage 6 '-, ,,~'"-. _<,,~~~ -_ 'OC_' _-___ '''<~'--~' "..,'_~~",' ~"., "_.,, '-'~,,--' :,c-~ "~.J-.- ~:"}";-i~S;';'''::;.>J: ,_ ,'. '0 being foreclosed, setting forth clearly and conspicuously the information required bylaw. 20, There has been no assignment of the Mortgage. 21. No judgment has been entered on the Mortgage in any jurisdiction. 22. The Mortgage is less than 20 years old. WHEREFORE, Commerce Bank/Harrisburg, N.A., respectfully demands that judgment be entered in its favor and against Defendants Frank J. Costanza and Joan Appleton Costanza in the amount of $21,220.83, plus interest at the per diem rate of $5.94, plus all costs of collection and costs of suit and attorneys' fees as provided in the Mortgage and as allowed by law. Respectfully submitted, METTE, EVANS & WOODSIDE By: . Beneventano, Esquire Sup. Ct. J.D. #43107 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff Commerce Bank/Harrisburg, N.A. Date: s - / - vj "'.\.1>& , -", I, ,;, , --," -~ . ' . ~i' FEB-19-2001 14:00 COMMERCE BANK 717 975 0581 P.02/03 VERIlFICATlON I, David C. Amsden. state that I hold the title of Vice President/Asset Quality at Com.rnerce Bank/Harri$burg, N.A., the Plaintiff in the above-captioned action, that I am authoriz~ to make this Verification on its behalf, and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that my statements are made subject to the penalties of 18 Pa.C.S.A. ~904 relating to unsworn falsification to authorities. COMMERCE BANK/HARRISBURG, NA Q\~ David C. Amsden Vice President/Asset Quality ".. ;., ~ "" ~~ ~,;- MAR-01-2001 14:03 COMMERCE BANK 'f"\ . U.S. ....mall Busin~ss Administration NOTE 717 975 0581 P.02/10 .~ ..:..' .. ..-.... --- , "-j SSA l.OAN NUMBER $ 25,000..00 (City and State) Camp Hill P A (Dale) October 9 .___......._.._, .)92L For value received. the undeflligned promises to pay to the order of _,'_"_ .....' Commerce Bank/Harrisburg, N.A. (Payee) ..- at its olIIce In the city of Camp Hill ____,_. ,State of P A or at hol<Je~s dption. at such other place as may be designated from time to time by the holder ... ,_, . .. "..... __.,_ _.~:.nty.tive tbousand (Write out amount) with Inlerest on unpaid principal computed from the date of each advance to the undersigned at the rate of 10 Floating annum. payment to be made In Installments as follows: The inlerestrate on this Note will fluctuate. The initial interest rate is 10% per year. This initial rate is the prime rate on the date SBA received the loan application, plus 1.5%. BoItOwer must pay principal and int=t payments of$531.18 evet)' month, beginning two mollths from the mOllth of Ibis Note; payments must be made on the first calendar day in the months they an: due. Lender will apply each installment payment first to pay interest accrued to the day Lender tIlceivcs the payment, then to bring principal current, then to pay any late fees. and will apply any remaining balance to reduce principal. Lender may adjust the interest rate for the fifllltime no earlier !ban the first calcndar day of the first month after initial disbursement. The interest rate will then be adjusted quarterly (!be "change period"). The "Prime Rate" is the prime rate published in /he Wall Street Journal, in effect on !be filst business day of the month in which a change occurs. The adjusted interest rate will be 1.5% above the Prime Rate. Lender will adjust the interest rate on the first calendar day of each change period. The change in interest rate is effective on that day wheUler or not Lender gives Borrower notice of the cbange. The amount that the interest rate on this Note may vary is limited by a floor and a ceiling: (I) The maximum interest rate (ceiling) will not exceed 5% above !he initial interest rate, and the minimum interest rate (floor) will not be less than 5% below the initial interest rate unless there is a change in !be prime rate between the date SBA receives the Loan application and the date affinal disbursement. (2) If the prime rate increases between those dates, the difference between the prime tale on those two dates will be added to the ceiling rate and sublIacted from the floor rate that was calculated in (1) above. (3) If the prime rate decreases between those dates, the difference between the prime rate on tllOse two dates will be subtracted from the ceiling rate calculated in (I) above. Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note. If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate in effect at the lime of the earliest uncured payment default. If there is no uncured payment default, the rate becomes tixed at the rate in effect at the time of purchase. All remaining principal and acctued interest is due and payable 5 year(s) from dale of Note. Borrower agrees that if default occurs (In this Note or on any other outstanding SBA or SBA-guaranteed loan, Lender has the option to make this Note and such other loans immediately due and payable. Late Charge: If a payment on this Note is more than 10 days late. Lender may charge Borrower a late fee of up to 5% oflhe unpaid portion of the regularly scheduled payment. 3. Lender, at its option, may include confession of judgment clauses in the Note for borrower(s) resident in Pennsylvania. ._.....-Jlollars. peteent per If this Note contains a nucluating interest rate. the notice provision is not a pra-con<Jilion for nucluaUon (which shall taka JlIace regardless of notica). Payment of any Installment of principal or intarest owing on this Note may be mada prior to the maturity date !hereof without penalty. Borrower shall provide lender with written notiCII of inlent to prepay part or all of this loan atlaast threa (3) weeks prior to the anticipated prepayment <!:ole. A prepayment is any Pl'yment made ahea<J of schedule that exceeds twenty (20) per. cent of the then outstanding principal balance. If borrower mak.. a ptepayment and fails to give at least three weeks advance notice of Intent to prepay. then. notwithstanding eny other provision to the contalY In this nole or other doeument, borrower shall be required to pay lender three weeks Interest on the unpaid principal as of the date preceding such prepayment. S6A Form 147 (S-a7) Previoua ed~lon obsoleto 1'<>90 I TBofl Financial Software. Inc.@ 1994 -1996 OMS App"",al No. 324~20t ~J -~~~- . -' -...,' ~, ~ - . . -";,<-.; .~ - MAR-01-2001 14:04 COMMERCE BANK 717 975 0581 P.03/10 ~" ~ ,.. - TIle term "Indebtedness' as USEll :.: shall mean the indebtedness evidenced by It ._.' .'., including principal, inlerestand expenses. whether contingen~ now dUe. or her...fler 10 become due and whether herelofore or conteml1or.lneously herewith or here- alter contracted, The term 'Collateral" 119 used In this Note shall mean any fund!!, guaranties, or other property or righls therein of any nature whatsoever or the procaeds thereof which may have been, are, or hereafter may be, hypothecated, dlrecUy or Indirectly by the undersigned or others, in connection with, or as securlly for. the Indebtedness or any part thereof. The Colhilteoal, and each part thereof, shall secure (he Indebtedness and Il8ch part thereof. The covenants and cond~lons set forth or referred to In any and allin- strumenls of hypothecation constituting the Collateral are hereby Incorporated In this Note as covenants and conditions of the under- signed with the same force and effect as though such covenants and condUiOl1$ were fully set fonh herein. The Indebtedness shalllmmedlatefy become due and payable, without notice or demand, upon the appointment of a receiver or IIquldetor, whether voluntary or involuntary, for the undersigned or for eny of lis property. or upon the filing of a p$litian by or against the undersigned under the provisions of eny Stete Insolvency law or under the proVisions of the Bankruptcy Reform Act of 1978, as amel'Jded, or upon \he making by the undelSigned of an esslgnment for the benefit of ils credi1l:>f$. Holder is authorized to declare all or any part of the Indebtedness Immediately due and payable upon the happening of any of the following events: (1) Failure to pay any part of lhe Indebledness when due; (2) nonperformance by the Undersigned of any agreement wllh. or any condlllon imposed by, Holder or Small Business Administration (hereinafter called 'SBA"), with respect to the Indebtedn9$S; (3) Holder's discovery of the undersigned's failure in any eppllcaUon of the undersigned to Holder or SBA to dlsck>$e any fact deemed by Holder 10 be material or of the making therein or In any of the said agreements, or In any affidavit or other documents submilled in connection with said appr.- callon or the Indebtedness, of any mlsrepresentel/on 'by, on behalf of, or for the benefit of the undersigned; (4) the reorganization (other then e reorganlzatlon pursuant to any of the provisiOns oflhe BankruptCy Reform Act of 1978, as emended) or melger or c0n- solidation of the undersigned (or the making of any agreement therefor) without the prior written consent of Holder; (5) the under. signed's failure duly to account. to Holder's satisfaction, at such time or times as Holder may require, for any of the Collateral, or pr0- ceeds thereof. coming into the control of the undersigned; or (S) the Inst~ulion of any suit affecting the undersigned deemtld by Holder 10 affect adversely Its Interest hereunder In the Collateral or otherwise. Holder's failure to exercise Its rights under this paragraph Shall not const~ute a waiver thereof. Upon the nonpayment of the Indebtedness, or any parl thereof, when due. whether by acceleration or otherwise, Holder is em- po~ to sell, assign, and deliver the whole or any part of the Collateral at public or privale sale, without demand, advertlsement or notice of the time or place of sale or of any adjournment thereof, which are hereby expreSllly waived. After deducllng all expenses In- cldenlalto or arising from Such sals or sales, Holder mey apply the residue of the proceeds thereof to the payment of the Indllbted. ness, as it shall deem proper, returning the exceSs, if any, to the Undersigned. The undersigned hereby waives all right of redemption or appraisement whether before or after sale. Holder Is further empowered to coiled or cause 10 be collected or otherwise to be converted Into money all or any part of the Collateral, by suit or otherwise. and to su.....nder, compromise, release, renew, extend. exchange, or sub&lltute any Item of the Co~ lateral in trunsactions with the undersigned or any third party. irrespective of any esslgnment thereof by the underslgnad, and without prior notlee to or consent of the undersigned or any assignee. Whenever any item of the Colleteral shall not be paid when due, or otherwise shall be in defaul~ whather or not the indebtedness, or any pert thereof, has become due, Holder shall have lhe same rights and powers with resped to such item of the Colleteral as are granted in this paragraph In case of nonpayment of the Indebtedness, or any part thereof, when due. None of the rights, remedies, privileges, or powers of Holder expressly provided for herein shall be ex. c1uslve, but each of them shall be cumulative with and in addition to every ather right, remedy, privilege. and power now or hereafter existing In favor of Holder, whether at law or equity. by statute or otherwise. The undersigned agrees to lake all necessary steps to administer, supervise. preserve, and protect the Collateral; end regardless of any action taken by Holder, there shall be no duty upon Holder In this respec!. The undersignad shall pay all expenses of any nature, whether incurred In or out of court, and whether incurred before or arter thIs Note shall become due at Its maturtty date or otherwise, Including but notllm~ed 10 reasonable attorney's fees and costs, which Holder may deem necessary or proper In connection with the satisfaction of the Indabtedness or the administration, supervision, preservation, protecUon of (IncludIng. but not limited to,the maintenance of adeqUllte Insurance) or the reallzaUon upon the CoIleteral. Holder Is autholU:ed to pay at any Ume and from lime to Ume any or all of such expenses, add the amount of such peyment to the amount of the Indebtedness, and charge Interest thereon at the rate specified herein with respect to the principal amount of this Note. The SSCIJri!y rights of Holder and its assigns hereunder shall not be impaired by Holder's sale. hypothecation or rehypothecation of any note of the undersIgned or any item of the CoIlaleral, or by any Indulgence, Including but not limited to (a) any renewal, exten- sion. or modification which Holder may granl with respect to the Indebtedness or any part thereof, or (b) any surrender, compromise, release, renewal, exlension, exchange, or subsUtullon which Holder may grant In respect of the Collateral, or (c) any Indulgence granted In respect of any endorser, guarantor. or surety. The pun::l1aser, ,",signee, transferee, or pledgee of this Note, the Collateral, and guara011y. end any other document (or any of them). sold, esslgned. transferred, pledged, or repledged. shall forthwith become vested with and entitied to exercise all the pow8f$ and rights given by this Note and all applications of the Undersigned to Holder or SBA, as If said purchaser, assignee, transferee. or pledgee were originally named as Payee In this Note and in said application or applications. SBA Form 147 (5-87) OMEI Approval No. 3~500201 Page 2: TSort Financial Software, Inc.@I994-1996 ~~.......~~ ~" '. .. ",' " , ~~,~>, T, <' MAR-01-2001 14:04 COMMERCE BANK 717 975 0581 P.04/10 . - . ..-.< ""' . "This promissory nOI~ is given tos~' .. . loan which S~A.is making or In which it is pa;. " .1g and. pursuanllo Part 101 of !M Rules and Regulations of SBA (1 ~ ,-,.F.R. 101.1 (d)), this ,nstrumantls to be construed aoo (when SBA is the 'Holder or a party in Interesl) enforced In accordance with applicable Federal law. . ' by: . PhoenIx Collective Intelligence, LLC --'-~'-I:6/~-Z-~ Fnmk J. Costa /.. by: ~D.t~G~ Jo PI. pleton Costanza '-0" rf-1/d Frank J. C ,Individually ? ~()\~_C~ J an ppleton Costanza, Individually G Note. - Cotporate applicants mU$t execute Note. in corporate name, by duly authorized officer, and seal must be alRl<Sd and duly attested: part- nership applicants must executa Nola In flrm nama. together with slgnalure of a general partner. SBA Form 147 (5-87) OMB Approval No. 3245-0201 Page 3 1Soft Flnancfal Software, Inc.@1994.1996 .';;l<=r. MAR-01-2001 14:05 ..:J~J~'5 G.. COMMERCE BANK , , . l.-'" '-,_:,'J" " t,,,~ 717 975 0581 P.05/10 This mortgag. made and entered into this __ 9th.. '..__ day of _..' . by and between ..f.i:lInk J Costanza ~nd..Joan Aooleton Qostanza (hereinafter referred to as mortgagor) and Commerce BanklHarrisbu/'Q, tlI.,A. ___._ _ (hereinafter referred to as mortgagee), who maintains an office and place of business at 1QQ....Senate Avenue P.q,J~ox 8599 Camp Hill PA 17001 WITNeSSETH, that for the consideration hereinafter stated, rac::eipt of which is hereby aoknowledged, the mortgagor does hereby mortgage, sell, grant, assign, and convey unto the mortgagee, his successors and assigns, all of the following described properly situatad and b.ing in the County of .9_u.mber1and State of PA- MORTGAGE (participation) October See attached 'Exhibit A". 1998 . U) CD = = -4 IV 'IV .= ::!iI .- Q c.:l -.:I ",. i ..'-' 0:: r"~ :\ r"~,;,!.l ~ ,~I r" ;. 0;::1 z"" -. O-:'t.l:;;l o '? r'. o ,l... C::CJ~ z,..,_ -I fTl ~'t'!: -< 1;:;;1 :0 , (fl. ." ,... i Togetharwilh and including an buildings. all fJXIures inClUding but nOlllm/ted to all plumbing. heating, lighting, ventilating, refrigerating, inoinerating, air oondition/ng apparatus, and elevators (the mortgagor hereby deolaring that it is intended that lIle itllms herein enumerated shall be deemed to have been permanently installed as part of Ihe realty), and all ImprovementS now or hereafter existing thereon; the hereditaments and appurtenances and all other righls thereunto belonging, or in anywise appertaining, and Ihe reven;lion and reversions. remainder and remainders. all rights of redemption, and lIle rents, issues, and profits of the above desoribed property (provided, however, that the mortgagor shall be entitled io ltu;-pi>sseSSlbii of said proPerty' and to coiled and r9tein the'rents, !:isues, and profits until default hereunder). To have and to hold the same unto the mortgagee and the suooessors in interest of the mortgagee fo/'iYElr in fee simple or suoh other estate. if any. as is stated herein. The mortgagor covenants that he is lawfully seized and possessed ,of and has the r1ght to sail and oonvay said property; that the same is free from all enoumbranoes except as hereinabove recited; and that he hereby binds himseWand his suocessors in interest to warrant and defend the title aforesaid theralo and fNery part lIlereofagainst the claims of all persons Whomsoever. This instrument is given to secure the payment of a promissory note da~ Oclobe,L;!,..19,9.6. prinoipal sum of$ 25,000 signed by f.rank J. Costanza in behalf of Phoenix Collective Intelligence, LLC ._ . .___ In Ihe Joan Appleton Costanza SBA FORM 928 (11-S5) USE 2-78 EDITION UNTiL EXHAUSTED TSoft Financial Software, Inc.@ 1994 -1996 BQ~k1491~AGE 102 ~.g~""'-" < ,- . . '-j,' ,-" . -~,j\~ MAR-01-2001 14:05 COMMERCE BANK 717 975 0581 P.06/10 -Said promissol}' nota wes given to secure a Ie: ., which the Small Business Administration, an a~ 1 of the United States of America, has perticipatea. In compliance with section 101.1 (d) of the Rules and Regulations of the Small Business Administration _ [13 C.F.R. 101.1(9)]' this Instrument Is to be construed and enforced in accordance with applicable Federal law: ' 1. The mortgagor covenants and agrrm; as follows: a. He will promptly pay the indebledness evidenced by said promi$$ory nOle at the tim8$ and in the manner therein provided, b. He will pay alllaxes, assessments, water rates, and other governmental or municipal charges, fines, or impositions, for which provision has not been made hareinbefore, and will promptly deliver the official receipts therefor to the said mortgagee, c. He will pay such expenses and fees as may be incurred in the protection and maintenance of said property, including the fees of any attorney employed by the mortgagee for 1he collection of any or all of the indebtedness hereby secured, or foreclosure by mortgagee's sale, or court proceedings, or in any other litigation or proceeding affecting said properly. Attorneys' fees reasonably incurred In any other way shell be paid by the mortgagor. d. For better security of the indebtedness hereby secured, upon the request of the mortgagee, its succesSOI1l or _igns, he shall execute and deliver a supplemental mortgage or mortgages covering any aaditions, improvements. or betterments maae to the properly hereinabove described and all properly acquired by It after the date hereof(all in form satisfactol}' to mortgagee). Furthermore, should mortgagor fail to cure any default in the payment of a prior or inferior encumbrance on the property aescribed by this instrument, mortgagor hereby agrees to perm~ mortgagee to cure such defeult, but mortgagee Is not obllgateato do so; . and such advances shall become part of the indebtedn~s secu~d by :this instrument, supject to .tJ:te .same ten'r1s and cor'lditions. e. The rights created by this conveyance shall remain in full force and effect during any postponement or extension of the time of the payment of the indebte<lness evidencea by said promissol}' note or any part thereol secured hereby. I. He will continuously maintain hazard insurance, of such type or types and in such amounts as the mortgagee may from time to time require on the improvements now or hereafter on saic property. and will pay promptly when due any premiums thereof, All insurance shall be carried in companies acceptable to mortgagee and the policies and renewel3 thereof shall be held by mortgagee and have attached thereto loss payable clauses in favor of ana in form acceptable to the mortgagee. In event 01 loss, mortgagor will give Immediate notice In writing to mortgagee, and mortgagee may make proof of IO$S if not made prompUy by mortgagor, and each insurance company concerned is hereby authorized ana airectea to make payment for Such loss aireclly to mortgagee Instead of to mortgagor and mortgagee Jointly, and tile insurance proceeds, or any part thereof, may be applied by mortgagee at its option either to the reduction of the indebtedness hereby secured or to the restoration or repair of the property damaged or destroyed. In event of foreclosure of this mortgage, or other transfer of title to said property in extinguishment of the indebtedness secured hereby, all right, title, and Interest of the mortgagor In and to any insuranoe policies then In force shall pass to the purchaser or mortgagee or, at the option of the mortgagee, may be surrenaerea for a refund, g. He will keep all buildings and other improvements on said property in good repair and condition; will permit, commit, or suffer no weste, Impairment, deterioration of said property or any part thereof, in the event of failure of the mortgagor to keep the buildings on said premises ana those erected OIl said premises, or Improvements thereon, in good repair. the mortgagee may make such repelrs as in its discretion II may deem necessal}' for the proper preservation thereof; and the full amount of eech and every such payment shall be immediately aue and payable; and shall be secured by the lien of this mortgage. h. He will not voluntarily oreate or permll to be created against the property subject to this mortgage any lien or liens inferior or superior to the lien of this mortgage without the written consent of the mortgagae; and further, that he wlll keep and maintain the .same fr.ee from the claim of all persons suppJying labor Or materiels for constructiOn of any and all buildings or improvements now being erected or 10 be erected on said premises. i. He will not rent cr assign any part of the rent of said mortgaged property oraemolish, or remove, or substantially aller any building without the written consent of the mortgagee, j. All awards of damages in connection with any condemnation for public use of or Injul}' to any of the property subject to this mortgage are hereby assigned end shall be paid to mortgagee, who may apply the same to payment of the installments last due under said note, and mortgagee is hereby authori~ed, in the name 01 the mortgagor, to execute ana aellver valid acquittances thereof and to appeal from any such award. k. The mortgagee shall have the right to inspect the mortgaged premises at any reasonable lime. 2. Default In any of the covenants or conditions of this instrument or of the note or loan agreement secured hereby shall terminate the mortgagor's right to possession, use, ana enjoyment of the property, at the option of the mortgagee Or his assigns (rt being agreea that the mortgagor shall heve such right until cefau/l). Upon any such default, the mortgagee Shall become the owner of all of the rents and profits accruing after default as security for the Indebtedness secured hereby, with the right to enter upon said properly for the purpose of collecting such rents and profits. This Instrument shall operate as an assignment of any rentals on said property to that extent. SBA FORM 926 (11-85) TSoft Financial Software, Inc.@1994-1996 B0l1K1491iAGE 103 I .-' , i,'j', ""."""ii.j), ", ~ <.~,-,~ MAR-01-2001 14:06 COMMERCE BANK ,T"', 717 975 0581 P.07/10 .- " 3. The mortgagor cover.ants and agrees that iT he shail fail to pay said Indebtedness or any part th~reol wheq due, or ~hall fail to . perform any covenant or agreement 01 this instrument or the promissory note secured hereby, trie etllire indebtedness hereby secured shall immediately beco,me due, payable, and coilectible Without notice, at the option of the mortgagee or assigns, regardless of matudty, and the mortgagee or hiS assigns may before or after entry sell said property without appraisement (the mortgagor having waived and assigned to the mortgag(le all dghts of appraisement): (I) at judlolal sale pursuant to the provisions of 28 U.S.C. 2001 (a); or (II) at the option 01 the Illilrtgagee, either by auction or by solicitation ofssaled bids, lor the highest and best bid complying with the terms of sale and manner 01 payment speolfled In the published notice 01 sale, first giving lour weeks' notice of the time, terms, and place of such saie, by advertilsemetll not less than once dudng eaoh 01 said four weeks in a newspaper published or distributed in the county In which said property is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or any person on behalf 01 said mortgagee, may bid with the unpaid indebl8dness evidenced by said note). Said sale shall be held at or on the property to be sold or atlne Federal, county, or city courthouse for the county in whictl the property iIs locaTed. The mortgagee Is hereby authorized to execute for and on behalf of the mortgagor and to deliver to the purchaser at such sale a sUfficient conveyance 01 said properly, which conveyance shell contain recitals as to the happening 01 the delault upon which the execution 01 the pOwer of sale herein granted depends; and tha said mortgagor hereby constitutes and appoints the mortgagee or any agent or attorney of the mortgagee, the agent and attomey in faot of said mortgagor to make such recitals and to execute said conveyance and hereby covenants and agrees that the recitals so made shall be effectual to bar all equity or right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which are hereby expressly waived and conveyed to the mortgagee; or - (III) lake any other appropdale acUon pursuant to state or Federal statute either in slale or Federal court or otherwise for the disposition of the pro~erty. In the event of a sale as hereinbefore provided, the mortgagor Or any pelSons In possession under the mortgagor shall then become and be tenants hOlding over and shall forthwith deliver possession to the purchaser at suctl sale or be summedly dispossessed, In accordance with the provisions of law applicable to tenanl$ holding over. The power and agency hereby granted are coupled with an interest and a", i""vocable by death or otherwise, and are granted as cumulative to the remedh3$ for collection of said indebtedness provided by law. 4. The proceeds of any sale of said pmperty in accordance with the preceding paragraphs shall be applied first to pay the costs and expenses of said sale, lhe expenses incurred by the mortgagee for lhe purpoae of protecting or maintaining said property, and reasonable attorney.' fees; secondly, to pay the Indebtedness secured hereby; and thirdly, to pay any surplus or excess to !he person or persons legally entitled thereto. 5. In the event said property is sold at a judicial foreclosure sale or pu",uant to the power of sale 'hereinabove granted, and the proceeds are not sUfficient to pay the total indebtedness secured by this instrument and evidenced by said promissory note, the mortgagee will be entitl8d to a deficiency judgment for the amount of the deficiency without regard to appraisement. 6. In the event the mortgagor fails to pay any Federal, state, or local tax assessment, income tax or other tax lien, charge, fee, or other expense charged againstlhe property the mortgagee Is hereby authorized at his option to pel' the same. Any sums so paid by the mortgagee shall be added to and lJeoome a part of the pdncipal amount 01 the indebtedness evidenced by said note, subjeClto the same terms and conditions. If t/le mortgagor shall pay and discharge the Indebtedness evidenced by said promilssory note, and shall pay such sums and shall discharge all taxes and liens and the costs, fees, and expenses of making, anforclng. and executlng this mongage, then this mortgage shall be canceled and surrendered, 7. The covenants herein contained shall bind and the benefits and advantages shall Inure to the respective successors and assigns of the parties hereto. Whenever used, the singular number shall Include the plural, the plural the singular, and the use of any gender shall include all genders. g, No waiver of any covenant herein or 01 the obligation secured hereby shall at any Ume thereafter be held to be a waiver of the termshereoforoflheno~'$ecuredhereby. .. .-.. - ....'... '-....... . 9. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid or unenforceable shall not In any way impeir or preclude the enforcement of the remaining provisions or portions of this instrument. 10. Any written notice to be issued to the mortgagor pursuant to the provilsions of !hils instrument shall be addressed to the mortgagor at _f!;3 J::!.onevsuckle Drive. Mechanicsb_u..rg.P..A 17055 and any written notice to be Issued to the mortgagee shall be addressed to the mortgagee at.. Commerce BanklHbg., N.A.1 ~O Senate Ave.POBox 8599 Camp H~!. ~~~~01-a599 SBA FORM 926 (11-65) TSoft Financial Software, Inc. @ 1994 " 1996 .eood491PAGE 104 ~' ~Ii .~ ,-..:.< " ~~ 'I.,::~ MAR-01-2001 14:06 COMMERCE BANK 717 975 0581 P.08/10 ~\ f~ IN WITNESS WHERE,?!:, the !"o~agor he.. ....cecuted this Instrument and the mortgagee has ac-.,lted delivery of this instrument as of the day and year aforesaid. . . Executed and delivered in tha presence of the following witnesses: The loan secured by this lien was made under a United Stales Small Business Administration (SBA) nationwide program which USes tax dollars to assist small business owners. If the United States is seeking to enforce this document, then under SBA regulations: a} When SBA is the holder of the Note, this document and all dOoume01lS evidencing or securing this Loan wlli ba construed in accordance with fed8l81law. b} Lender or SBA may use local or state procedures for purposes such as filing papers. recording documents, giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any federal immunity from local or state .centrol, penalty. tax or liability. No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Borrower. or defeat any claim of SBA with respect to this Loan. Any clause in this document reqUiring aromation is not enforceable when SBA is the holder of The Note secured by this Instrument. (Add Appropriate AcknOWledgment) INDIVIDUAL ACKNOWLEDGEMENT STATE OF Pennsylvania COUNTY OF Cumberland On this, the 9th day of October, 1998, before me Cheryl A. Fleming, the undersigned Notary Public, personally appeared Frank J. Costanza and Joan Appleton Costanza, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official se~.al.. . U ~ ChOoflA.:=,~_ --11J. Tl,/lo~~ -7 Falrvlew Twp., VOll< CountY My Commission Expires July 2ll.l!lXll! . Notary Public in the State of Pennsylvania TSoft Financial Software, Jnc. ~ 1994.1996 !ood~91'AGt 105 ~~ , MAR-01-2001 14:07 . ,"" . .. ~ , I~' . '. , " . iii ifIi'~; COMMERCE BANK ..... 717 975 0581 P.09/10 ..> fJj!fl :: ~tihl' . iaAn:; ~:! ~t;7"1 &....8,&...... 1Zl.i!1l~:l1P ~uiO . !!(i." :;.i t; ~.&:E 11! ~ ~ )~i I; i ~ ';IE"'.:311 ~ 'Ilil._Jia ~t!l.!f .. II ..~.!1 - "ll"i"'~ 1~.5~11 - Jl:;l.ll'" i!i,t.-jl:.j ~S-:'a-g Ii C" 1:1 .--- E\ga! J.s~ Irlfl.5fJl !il(i~1 :;:..,.,e-Aita . "'fC=S06.c.';C"'I-eJ b '. i .s~llil"'8='lili:l!_. lj ", -='G '!;\J!I-"',i1 '3 . (8'8o!l...._ .!l "il=:t=. .... ::s .::i:'!-i~."'~r. . -",.J..,.~ls""~" I . . Oil ii:<>.;. H Xi~.:iI ~"ir.:g- i'_~ ....ll.. J:l f.iI'...aiollJ;;;JS.. . ~i "<!l='I~ to:; .. i~ ;\l .1;... ..-~i 1iI"1I ~ Ja~"""dl'S 10.. co \ fi.;-iS;"ir:2i::: ~ dl!.! fid 5i';~ ';J -i~KI 1.~1I1li. l!= "V '.il-i!,s .ii.;If~ Jl S l':.l&;,rj &.lI!i II ';l t"''a]'':I&.. "'Ill "iJlI!:ili~..:isd og elll~3'C1ii. .,Doll i:;;l;~I~~i'iili-;;a .. Jllli__ E!i"~' 'Ii "~:f!; II X.....lID.., ItI l:t=lOf"~ -:10'0 ~ '."'$~ :.....~...l.........!l'ill tdillll!!!i! ..lIh ;..3~U...!,.. ;;,3-" -g..-~ol-1 ., c ....i"'Jllli~='a ~o 10-:"" !l."."~ I!..~ .a..oa_........G-~ !1....;f-.."S-.::::r; S h -t .....;1 lj"'i 2-:J~~"3:.n.. <::i:i",il &Qa...J:=:aIil:~oa.....CiQ -Jl.!l oS 1l~'Z ia1 ...11 ! -:a:s j ~a- ... jiiJ$ .h ~n 11 1'5! 11 ill! ...t llli J'i 'it 1 :a~..... i:! :'iSg II ! .ijii ~"i ~ {I...~1'l Is ~ !jll! 51 ~ ;;1 Ij Ii ~ f;1!~ ~d ~ i~:t ~t I!J ./: li~ ,!"" 111 <"""q;! Ii ~ ~I"''f: ~1 !21 ~e~i /:a 8 5-;~Q ;{ fi. i i ~! lil 1! lHi l:! -II SOg 0 I ClI,..- .... 11 ;11 e :;'11 1-- :s ....,; 8~1l ill iJl'~. II ni i~ H' IH~ :;,;fl 11 ii! II I-ll ~i.ll iill .; ~...~ ~ II' :'l!i.5- c: ...~ !~ i ~~ ~.lI ~i... ""~ =1 j.!': ~<'> al jl'lli <~ p ~ ..i il "'''' d~ l'~~ ;;;21 'll '" ~::l1o ii!.. '< II ..Ji'... ..... ! ~ ~ =: r-. ~ ~ ... .... ..", "." ., BOQd4~PAGE 106 ,~...:~- ';.-l,; - ~'~~ MAR-01-2001 14:07 COMMERCE BANK 717 9750581 P.10/10 BOTE ADDElfDtIM This addendum is made this?::I:f- day of ~Yl~, 1999, to a note dated octo~er 9, 1998, in the principal amount of Twenty Five Thousand ($25,000.00) Dollars (herein Note) given by Frank J. Costanza and Joan Appleton Costanza, individually and On behalf of Phoenix Collective Intelligence, LLC (herein Borrower) to Commerce Bank/Harrisburg, N.A. (herein Bank). The parties agree to amend the repayment terms of said note as follows: The payments due August 1, September 1 and October 1, 1999, shall be payments of interest only, based upon the then outstanding principal balance of the loan. commencing November 1, 1999, Borrower shall resume payments of principal and interest as calculated in the Note. The due date of said Note shall be extended to January 9, 2004. All other terms and conditions of the note are ratified and confirmed. In witness whereof, the parties have hereunto set their hands and seals the date and year first written above. tL\(~ ,A~ U-z;} . Fr nk J. ostanza Atte't' ~ ~~.( : ~~Bk'i~ \,Q10 ,0' . ~\ v~ ~cf\ 1 <..~r01 ;p T<""IT^' ........,..., "'''''''"- , ~ . - ~- ~ '''^~ 'c - ... ~' __1,_ 1" ,_ """,-";'" -"-q~,,!~'" OCT-11-2000 13:38 COMMERCE BANK 717 975 0581 P.02/07 , # October II, 2000 ACT 91 NOTICE I TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgal!e on vour home is in default and the lender intends to foreclose. Specific infonnation about the nature of the default is t)rovided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM lHEMAP) mav be able to helt) to save vour home. This Notice exolains how the t)rol!TltlIl works. To see ifHEMAP can helt). vou must MEET WITH A CONSI~ CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counselinl! Al!encv. The name. address and ohone number of Consumer Credit Counseling Agencies selVing vour County are listed at the end of the Notice. Ifvou have any Questions. YOU mav call the PennsYlvania Housing Finance A(!encv toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. Iryou have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your lllea. The local blll association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENlDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SlN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROQRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PURDE SAL V AR SU CASA DE LA PERDlDA DEL DERECHO A REDIMIR SU HIPOTECA. " ~~ ,..", ....J,;, 0, w ~ If,:, OCT-11-2000 13:39 COMMERCE BANK 717 975 0581 P.03/07 ~ ~ Frank J. Costanza Joan Appleton Costanza 53 Honeysuckle Drive Mechanicsburg, P A 17055 Property Address ~ 53 Honeysuckle Drive, Mechanicsburg, P A 17055 Loan account number - 2360974007 Original lender - Commerce BanklHarrisburg, NA Current Lender/Servicer - Commerce BankiHarrisburg, NA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR~ANANCIAL ASSISTANCE WBICH CAN SAVE YOUR HOME FROM ~ORECI,OSURE AND :9ELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACJr"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: .. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELEGUJILlTY :REQUIREMENTS ESTABLISHED BY THEPENNSYLV ANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. IIIIS. MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MHST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAT.T .Hn ''HOW TO CURE YOUR MORTGAGE DEF AUt!". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-lfyou meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and teleohone numbers of desil!l!!lted consumer credit counselinll allencies for the countv in which the prooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. _ .l - . . ".L, r . ~ - , .' ,~" '- ' "= w"- DCT-11-2000 13:39 COMMERCE BRNK 717 975 0581 P.04/07 , ~ 4,PPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation about the nature of your default) lfyou have tried and are unable to resolve tbis problem with the lender, you have tbe right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications. for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting, You MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO $0 OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THISLETl'ER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME I!\'I)\1EDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very liinited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. Dwing that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finauce Agency of its decision on your application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE . CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have rued hankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it np to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 53 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: July 1,2000 - $582.00 plus late charges, August 1, 2000- $582.00 plus late charges, September 1,2000 - $582.00 plus late charges, and October 1, 2000 - $582.00 TOTAL AMOUNT PAST DUE: $1,441.85 y" ~. ,,' .'." '"-" , , ~",""- < " , ~^; - -", OCT-11-2000 13:40 COMMERCE BANK 717 975 0581 P.05/07 ., .~ HOW TO CDRE THE DEFAULT-You may cure the default withinlHIRTY (30) . DAYS ofthe date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WlllCH IS $2,441.85, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PaYments must be made eitmer by cash. cashier's check. Certified check or money order made payable and sent to: Commerce Bank, Harrisburg N.A. 100 Senate Avenue P.O. Box 8599 Camp Hill, PA 17001-8599 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within lHIRTY (30) DAYS of the date of this Notice, the lender intends to exercise Its rlVhts to accelera~e the mortlilalj:e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chimce to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instrnct its attorneys to start legal action to foreclose unon vour inortvaeed propertv. IF THE MORTGAGE IS FORECU!lSED UPON-The mortgaged property will be sold by the Sheriff to pay ofIthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency befure the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may:also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY neriod. vou wili not be reouired to Dav attoml!V's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid priu!;:ipal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULTPRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and nrevent the sale at anv time up to one hour before the Sheriffs Sale. Youmav do so bvnavinl! the total amount then past due. plus any late or other chames ,then due. reasonable attorncq"s fees and costs connected with the foreclosure sale anq anx other costs connected with the Sheriff's Sale as scecified in writinl! by the I..nrl..r and by performing any other reouirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S.sALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of ;:.:;; llll.lIlii~.~ ~ ~, L _~_ ~" - . ,~ .-', ,','-',-", '--",.:. ,.'\, OCT-11-2000 13:40 COMMERCE BANK 717 975 0581 P.06/07 , # the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Phone Number: Fax Number: Contnet l"el'Son: Commerce Bank, Harrisburg N.A. 100 Senate Avenue, P.O. Box 8599 Camp Hill, l"A 17001-8599 (717) 975-5630 (717) 975-0581 David C. Amsden, Vice President Name of Lender: Address: EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You mayor X may not sell or transfer your home to a buyer or transferee who will assume the morigage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or atlhe sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: · TO SEI"L THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TOHAVETlllSDEFAULTCUREDBY ANY THIRD PARTY ACTING ON YOUR BEHALF · TO HA VB THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RlGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA VB TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. ~" ,.' l,_ I' ~ ';1;;, OCT-11-2000 13:41 COMMERCE BANK 717 975 0581 P.07/07 > ~ CONSUMER CREDIT COUNSELING AGENCmS SERVING YOUR COUNTY eecs of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (7l7) 541-1757 FAX (717) 541-4670 Community Action Commission of the Capital Region 1514 DerrY.Street Harrisburg, P A 17104 (717) 232-9757 FAX (717) 234-2227 Urban League of Metropolitan Harrisburg 2107 North Sixth Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Financial Counseling Services of Franklin 31 West Third Street Waynesboro, P A 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717)731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 -' TilTClI 0 C'l'7 ~~tlWi$lIl;lI,~~;;lJoiIlJili!~\iiil<M,""'otMi='i!"'*""1;,i-jJ,liH""'''~~~~tg;i&.,\;~- W:~,~ jlo'lil~lIIl!lllllliitll\!.i;V~IMlmllifililliiiiitalii& - ILl! < . --,., () {') ~ (0 0 ,--,I ~ iT:j' ,- it. ('\ ~ .:;:~ 6 1"'.1 (;) It- ~ ,--, ~ -- ) 8 . ~{ C\ ~ 8 ~ - '::~:J ......; ~ I -..- ~ , :z; '0 k.J ~ ~ -< ...J ~ ().. ~ ~ --~~ *. ", -- ~ lRj _'.ili>._""""' " ~ ;'~, SHERIFF'S RETURN - REGULAR , CASE NO: 2001-01209 P I \ COM~DNWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK/HARRISBURG NA VS COSTANZA FRANK J ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COSTANZA FRANK J the DEFENDANT , at 0018:45 HOURS, on the 9th day of March , 2001 at 53 HONEYSUCKLE DRIVE MECHANICSEURG, PA 17055 by handing to FRANK COSTANZA a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.58 .00 10.00 ,00 33.58 ;;:az:~~t:~i R. Thomas Kline 03/12/2001 METTE, EVANS Sworn and Subscribed to before By: me this ,;{7~ day of 1!w.uJ,. 2InJ / A. D. , (\."11-'- O. )}w /1,., ~ I Prothonotary' SHERIFF'S RETURN - REGULAR , "- ~ CASE NO: 2001-01209 P ,\ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK/HARRISBURG NA VS COSTANZA FRANK J ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COSTANZA JOAN APPLTON the DEFENDANT , at 0018:45 HOURS, on the 9th day of March 2001 at 53 HONEYSUCKLE DRIVE MECHANICSBURG, PA 17055 by handing to FRANK COSTANZA (HUSBAND) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: J~~ ~~~.,~~~ R. Thomas Kline 03/12/2001 METTE, EVANS Sworn and Subscribed to before By: (\ IP' me this J. 7 day of ..~v 2.,4v{ ~~-'--A;D. ( 11>" r;' -"JM" I~. 11 K I rothonotary I COMMERCE BANKlHARRISBURG, N.A., Plaintiff v. FRANK J. COSTANZA and JOAN APPLETON COSTANZA, Defendants ~""., . -" ~- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 01-1209 Civil Term PRAECIPE This case is hereby discontinued without prejudice. October 25, 2004 cc: Mr. Frank J. Costanza 53 Honeysuckle Drive Mechanicsburg, P A 17055 Ms. Joan Appleton Costanza 53 Honeysuckle Drive Mechanicsburg" P A 17055 409540vl ~/?~ Lloyd . Persun, Esquire Mett , Evans & Woodside 340 North Front Street P.O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 (717) 236-1816 fax Attorneys for Plaintiff ::.~" . ':i>lllt~.Jlj"*,'!^ ~'ill~Ujjml1j'1~~i:IiI1~aiIi:~~<<;t,@JB'iM@t:~m~f~IiWtl:~~; oO'"r,:1:I",':=,'," .or<~,~."<~_' ,<''<0. '.' .' M, <""~,. _ , . .' ~.~,,~,.' ",. 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