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Home My WebLink About01-2775 FX .......... I . I I. ~ I.~~~ ~ ',""~~ ol~>'''''''''E,",;i . MEMBER I ST FEDERAL CREDIT UNION, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. OI-~7'1~ CwJ {LA.- : NO. TIMOTHY W. MOTES, Defendant : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be, entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or properly 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 HE 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 'i --", -~ '" I I .i.l.~",,_,.,,) , I I~; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff va. "';u,.01- :1. '1 7 a' W 'T.4- TIMOTHY W. MOTES, Defendant COMPLAINT AND NOW, comes Members 1st Federal Credit Union, by and through its attorney Robert B. Maclntyre, and respectfully avers the following: 1. Plaintiff Members 1st Federal Credit Union, hereinafter referred to as "Members", is a licensed and regulated credit union organized under the laws of the Commonwealth of Pennsylvania, and maintaining corporate offices at 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Timothy W. Motes, hereinafter referred to as "Motes", is an adult individual whose last known address is 611 Main Street, Marysville, PA 17053. 3. On or about September 13, 1996, Motes applied for and received a loan of $18,100.89 from Members. A copy of the note, disclosure statement and recorded mortgage are attached as Exhibit A. "->---""""" , "~ ooJII' - J_. ~ ~" .~ ,i ~Jofu""~',w',,-_,,._ 4. Pursuant to the loan agreement, Motes was to pay the loan back over a period of 5 years. Interest was to be charged at the annual percentage rate of 9.2500%. 5. Motes has defaulted in the terms and conditions of the loan by failing to make payments as required. To date Motes is in default in principal payments the amount of $1,7102.68. lncluding interest, the balance now due and owing is $23,257.75. 6. Pursuant to the loan agreement, Motes is liable to Members for all costs of collecting the amount owed, including court costs and reasonable attorneys fees up to 20%. 7. Collection costs and attorneys fees in the instant case would likely total in excess of $5,000.00. 8. 20% of the outstanding balance of the loan is $4,651.55. WHEREFORE, plaintiff, Members 1st Federal Credit Union seeks judment in its favor and against defendant Timothy W. Motes in the amount of $27,909.30, together with interest and costs. PIc".JJ.{ , 6000 Linglestown Road P.O. Box 6656 Harrisburg, PA 17112 (717) 652-9485 "~"W'-"""'''''''''' "~Io...""u,,,.,, ....'ll-',....... ~,.,J,J - I M~~ub~~ CllEDlTUNltWNAMEMOAllllRESS IlOANUNIl. NOTE AND DISCLOSURE STATEMENT IilEMBER NAME AND ~ MEMBERS 1ST FEDERAL CREDIT UNION 5275 E. Trlndle Road Mechanicsburg, PA" 17055 MOTES, TItlDTHY W. 78 QUEEN AVE ENDLA PA 170252337 "" % 17501-09 JIJINTINSlll\EO'SItAME "''"' "" CERT. "" MTEOF INTEREST LllANNO. 037.0484-0 9.21500 20600 00 YmAlllE "'" ,.. MATUlUTV OAn "" 10- 1 X In this agreement "yoo" and "your" mean eac pllfSOn who slgns Ihls agrNmen!. The "credit union" means lIIe credit union whose name appears above anVOne to whom !he credit union transfers Us rI hts under this agreement. The terms on lIIe reverse slda are art III this aoreement. Boxes checked a p to this agreement. . . I . . ANNUAL PERCENTAGE RATE FtNANCE'CHARGE Amounl Financed TlMIl:lI!Ilol~tIftIl.lra.rlyrll.. TIIIldokll'l'lllUl\lhIt...tlwlilCOltyall.lholllllllll1otClecil!provIdodltlyallOlOll ......., Talllaf-Pa mill" r::.1=1.r"~.r=~ emeansan-e mae PrePBJlll8ntlfyoupayalfearlyyoowlll nl1t have 111 pay 8 penalty. Rilqulred Depoall:TheAlinual Pmcenl. % $ 15 31 $ 1 100.89 $ 22786. 20 ag:r~:I~I~:~:~~~ :;'I~ 8lXOUnt Vlrleble Rail: The annual percentage rate may Im:rease durlng the term 01 thlslransactlOll II: the N/A (IndeK) changes.Wewinaddam8IGfflol~lothelnd8XYalue. Th&ralewillcbange mlllllhly lIll the first day of the month. The rate will never be higher than lhe mwmum rate allowed by law, and 11 will never be less than N/A . Any Interest rate Increases will result In more paymllllls of the same amount. For Example, II your loan was lor $5,000 all5% lor 48 months and the Annual Pel1lentage Rate Increased by 2% aller one year, llIe term 01 your loan would Increase by two months. Your Humber 01 Plwmenll Amount or Pawmanls Wben Paymanls AnI Due PJOparty InS1lrance: You mayoblain propellylnsUlllnca lrom Payment 59 379.77 monthly Begin 11-01-96 anyone you want that lsaCllllptable10 lhacredllunloo.II Schedule 1 379.77 Final dUB 10-01-01 VOU get the Insurancelrom the credit union you wlll pay will be: $ N/A Se;urlly: Collateral securlnll other low with lhe credit unlOJl will also sllCUrethls lIlan. You are glvlnll a securily Interast In your shares and/ordepllSlts In the credllunlllll; and purchased; X (Describe) l.IleCllattll: II your payment Is 10 days or mOlO past dUI,you will be charged a late fee equal to 5% 01 Non-FlIInlllnsurance your scheduled payment. $ nl a $ N/A Saerourconlraclllosumanlsforanraddltl1lnallnfarmaUanaboulnonpawmlnl,d81aull,andanrrequlredrepermlnllnlullbafarelhesebelfuledIf8le. ITEMIZATION OF THE AMOUNT FINANCED ITEMIZATIClN AMOUNT AMOONTPAlO PllEPAIll F~= $ 18100.89 G"r~r' $ 13160.94 = $ 4939.95 = $ n/. Amount Paid 10 $ n/a To Cl"ecUt In.urancB Others 011 S n/a To Ene. F_ YourBehallS To NOTE AND SECURITY AGREEMENT CONTINUEO ON REVER!le sloe Ths lollowlng paragraph applies only II IhIs Is a variable rate loan: TheinlOalreteollnterestls N/A %. Inllresl: Interest will be cbarged Irom tha_data 01 this loan WlOlyou havepaldwlletyouOWBund erthlsAgreemllnt. The Interesl rate Is sub]ect to cllallfll as lollows; lIthe NJA (Index) changes. We will add a margin of N/A 10 the Indax value. The ralewlll chanlll montlllyon tho firstdayoftha month. The I3te will neverbe hlgharthan Iha maximum I3te allowed by law, and II will never be less than N/A Any Interest ralelncreases will result In more payments ollhe same amount. Pnlmlu 10 Paw: Vou promise 10 pay S 18100.89 to lhe crodll union plus Interest on the unpaid balance at 9.2:500 untll what YOU owe hllSbeen reDald. CollectIon Calli: You promise 10 pay all costs 01 collllcOng the amount you owe WIder this a\lfllementlncludlng court costs and reasonabla attorneys fees, up to 20% prlnclpal and Interest. SaCllrllvOfllred: . n/. I I T' T, T' This Nota Is lIl1Y8rnad by the laws 01 PA %paryaar MODEL "" I,P.NUMBER "" "'''' n/. n/. 7A t.I1ICIC'N AV~ I!;:N[]LA. PA 17025 Acct.' 2ND MTB I Acct.' n1.. Date D.. x . . MAXIMUM MONTHLY MAXiMUM AMOUNT OF LOAN INSURABLE MAXIMUM' AGE FOR INSUMNCE DISABIUTYBENERT LIFE 0 ILlTY lifE OISA11IUTY ~ 6.~ If the Insured is tI1tally disabled lormorfl lhan 14 days, IhlllltfleDlsabJlltyB8nefilwlllbeglnwilhthe 1st day 01 l!lsabJlity. . . . . . . "You" 'or "Vour" means the member and the Joint Insured (II appDcable). Credlllnsu@nce II vohUiliUy 'and nol required In order 10 obtal~ Ibll loan. vCNi may selecl any Insurer of your choice. Vou are applyIng to tha Soclety lor credlllnsurance:on your loan. You agree to pay thl premium chargllS shown balow. DO NDT IIGN THIS APPUr.AnON IF IT CONTAINS ANY BlANK SPACES. Dill applleaUan II VoId lad will nol be USild In a eonllst II all blank IpeC81 have nel been complated, If Ibe memb81 hu nlll Ilgnad and deted Ibe ApplleaUan, and Illba Applleallen lIu nol bean wllna_d. The followIng statemllnts made by you are represanlaUOlls and are trua to the best 01 your knowledga and ballol: CREDIT UFE INSURAHCE :Jl~~~ u orMmllMil', a.-\~~ SlgrIaturllOrJDlnllnluJld(Co-lDJlDWIIIICWy,.,.ultldlrJDlnICrIlllIUflCO'l8/ll;eIlHlecltd.IO.lII 9: V- ...... (SKDnD"afykndtlarylrj'Wd8IlrllIOIlIIIIlIDIlIII SIQAlWl8orMDmllel" ...... COVERAGE SELECTED Single Credit Ula Joint Credit Llla N'f'.OlQ.O'/88PA Inlllal Amounl 01 Loan InsuranceCharga V" N, lSel;(nlllYlleneTlclllyllyoudesll8lDIIOlmlIOOI) --X.X... COVERAGE SELECTED --X.X... CretllIDlsablllty APP.aoo.o18lIPA Monthly Term 01 Cartlncata ElfecliveDatl PaymenUBanellt In Months olCortillcate . .,./. CD n/a Oata 01 Birth Mo. Day Vr. 09-21t-67 .......... Yes No -XJL CD $ ",'A CO $ ".,. Cl $ _'A. CLI ~ n'. 09-13-96e MD. Day YI. JDlnllnatJlld CREDIT UNION CMlGl U8T44DPN(ofMlMEIoIllERSIS' .--..---------'--:--~-T------.,_.- ...,. I'.ltullA__tDClm.llIIl!-l1,.......IU_Rf_ -'_.",.~' "~r.""~'1iNi!" F'-'. ~, '" en - - ~~ -~ ..~~I .L ~~,..l,~~~-~ ~I ....~~ .. .,;( :', l,'.. NOTE (Continued) , " PII_look atthe buxen Ihe reverae Ilde losle II 1II11lullllld DllIlIllable llIIalDan. DEFAULT _ You will be I delault if you do not m~ a paVmenl 01 the amounl re~uirnd when it is due."Youw' IndelaunnyoubreakanypromiseyoumadelnCOllnUClion TbaIOllowlngp.alag'apllapPlltlDnl~lovarlabIDlaI.ll)lns: willi IhlSloan. You wlll be ndelaultilyoodie,filelorbankruplcyorbe{:omelnsnlvellt, ,.....---. PROMISE TO PAY - You pmmise to paylo the credit union, Ihe amounl you owe under 'halls, unable to pay your ob~gations when,lhey become due. You will be in default lhis agreemenl al an InlereSl rate wllfch will vary as provided on the reverse side, You il you make any lalse or ml~leading slalemenls In any credit appllcalion or update of promise 10 pny inlerest, as provided on the reverse side, unlilwhat you owe has been credillnfomlation. You will be In delaultil anvonewho bas sigrled a sm:ur ityagreemenl repaid. Thualoounl you owe urlder lIIis agreement is lhD Amounl Financed shown In In conneclionwllh Ihls Joan Is in delault. You will also ba in delault II somel hinghappens the TlUth in lending Olsclosureoo the reverse side, plus any olher amounlll advanced wllchlllecwclltunionbeije~esmeysubslanllanYreduCllyourabmrylorepaywhatyouowe. by the ~redil uniM to you or on your behalf under Ihls agreement. When you are In delaull, the credit union can demand immediale payment of Ihe unpaid The lemalnlng plllagraphl apply 10 II1Ilh Dxed and .ariallle rale loans: ~~:a~1 p~~~::tnof:~~~~~n:a~~e~~:un~II~~~~~~~ t:~a~~:~~~:o~ ~e":a~: PAYMENTS - You promise 10 make paymenls of the amount and allhe lime shown ln1OreSl'rate un~1 wllat you owe has been repaid. II the credil union bas demaOORd IolheTrulblnlandlngOlsclosureonthorevefSasldeunfilwhatyouowellaSb8anrepaid. Immediate paymenlol lhe unpaid balance, the Cflldil union ~an apply Ihe sIIares and You may make larger paymenls without penalty. II you do p~pay part 01 what you owa" .,. deposill! Ihal you have given as securlly under lh~ allreemlllltlow8fds whal you owe. subsequOflI paymonls Will remalll due as scheduled:'ll you do not make p81'f111ll11s as ,>I....' 1hl1 cndilllhlon' can also exalelse any other ~ghts.lhe law gives the Cfedil unian when scheduled or il you el8f:l crodllinSllrance, yourlaSl paymenl maybe lalger lhan the you 811 In defaull. ' ~h~o~~~l :fo~thar payments. You promise to make paymllllts alllle place chosen by EACH PERSOH RESPDNSJBlf _ Each person who signs Ihis agreement will b~ irIdividuntly , ,andjointlYleSPonSiblelorpayinlllheenlireamountowed,Thatmeanslhecredilunfon lOANS BY MAil-II IhislDao Is being made by mall, Interest on lhlsloan begins when can enlorce Its righls underthis agreement agamsUny one of you Indi~lduallV or agnmsl the loan procneds are mellDd.lIlhls loan rellnan~es an earlier loan, said foan will be ell 01 you togelller, cancelled and reflnanced as 01 Ihe actll8l disbursemenl dale, LATECHARGE-Ilyouarelalefn maklng a payment; you agree 10 pay lIIe late ch arge SECURITYINTEREST-Anypropeltysl\Dwnlnthe"SeCllrilyOffend"sectfononthe "Pi' shown in lIw'Truth In lendlng OIsclosure on lhe reverse slde. If no lale cl1ar gels shown, reY!lfSe side will be securily for IhiS loan. In addilum, you agree lhlsloan Is also secured ""you wllI not be ~harged one." , , " by all lhe sllares and deposlls In all ytlIlrindividuel andlolntaccounlswllblh ecredlt , " . union now and in the Mure. Shales nnd deposits In an IndIVidual Retirement Account NO ~AIVfR - The ~redll union ~an delay enlorclng any .01 lIs ngllts ,any number 01 andanyo1heraccountlllatwoutdlosespeclalta~trealmentunderslateor federal law times wlltloulloslng lIs rights. il given ns soCljrily are not sUbJecl to lhe seCtllily interesl you give In your shares and NOTICES _ Notices will be maile~ 10 you al llle mOSl recenl address you have given deposits. Projlerlyyou have given to secure other loans win also sacure Ihis loan. tile crudll u,nion In wriling. NOlice to anyone 01 you will be notic~ to all. SECURITY AGREEMENT In lhls agreement all relerences to "~redlt union" mean Ihe ~redi1 union whose name' union II asked 10 do so, appears on lhis nole and anyone to whom ihe credil union assigns iheloan. Alire lerences' lI'you,cancelyoorlnsuranceandgelarelDnd,the~'edilunlonhasarlghltotherelund. to "lIIeloan" meanlheloandesctibedlnlheTrulhlnlendingOlsclosure. All relerences 1I1he property Is lost or damaged, the credit union can USlllhelnsuran~e selllen1t!nt 10 "you" mean eacll par5Dll who signs lhls agreement. 10 ropalrthe property or a\lllly it tllwnrds whnl you owe. You aUlhorilll the lmldil u nion THE SECURITY R1R THE lOAN-Byslg:llfngthls'slll:urlty Bgreemenl in the slgnature',; ;"tolndorseany'drallorclleckwblchma{bepayableloyouinorderlortlui credil union area or by stgnlng the stalemOflt relerring 10 this agreement on the back 0 Ithe~heck 10~lllIctanyretundorbenetllsdtleunderyourln5llrance'policy, ' ' you receive for your loan. you give Ihe ~redll union what Is known as a se~urlty interest If you do not pay Ihe la~es or lees on the property when due aI keelllllnsuled, 1M Inlhe propenv described III Ihe "5ectlrlryOllered" seclion, The SBctllily InleleSl you crudllunlon may paytbese obligations, but is nOlrequlred to do so.-Any money Ih~ Ili~e iIl~ludes all aCl:llssions, Act;essktns ara IIIlngs whl~h are aUeehed 10 aI installed credit union sp8llds lor ta~es, lees or Insurance will be added 10 your loan balaJICe alld in the property now orin the lulure, The securltV Interest also lncllldes any replacements you will pay Inleresl on thoso amounts allhe same rata you agreed to pay on the tnan lor the propelly which you buy within \0 days of the loan or any exlensions, renewals If tile credil union adds amounts lorta~as. fees, or Insulance 10 your toan balance, your or rellnancing olllle loan. It also illCludes any money you recei~e lrom sel~ng the /lfoperty pavments may be Increased by 1I1e amounl nacessary for your loan 10 be IlSid orr in or lrom insurance you have on the property. II the value 01 the propDflydecNne s,you 1he same number 01 monUIs originally schedllltd, promlse 10 give !he ~redlt union more property as security II asked to do so, DEFAULT _YouWilbelndefaultltyoublllilk8llyixVmisevoi.'mak8u~derlhlsagreemRnl~ WHATTHESECURlTYINTERESTCDVERS-ThesecurityTnlereSlSectlreSlheloan You wlhlsobe indafaull If you are IndelaulI underths loan. Ilyoo are pllldglng pro peliy, descrl.bed In the TlUlllln Lendllltl Disclosure and a.ny ellensions, renewals or re lInancings bul have signetl only as an "Owner 01 Collateral (olhor lhan a Borrower)", you will be 01 tllal loan, It also secules any other loans you have wilh tile credit unionnowor In In dolaull If nnyone Is in defaull who has signed Ihe lOANUNER~ Nole. the luture and any other amounlS you owe-tile credll union lor any reason now or In the future. II the proplfly descripllon Is marked willi one star (.), or tile property Is "WHAT HAPPENS IF YOU ARE IN OEFAULT - Wben yoo are In detaull, the credit union household goods as dellned by tb, Credit Pracllce Rule, the prOllerty will &aC\lle onty ~an, wllhout advance ootice to yoo, require Immedlale pa~menl 01 wilat you owe on Ihls IDan an~ nol olher amounta you owa. the tonn and take possllS$lon of the property. You agrea lIIe credit union has the right tolakopossesslonollhelli"opertywltlloutgolngto-courtandwillloutglvfngYll1!advance OWNERSHIP OF TtlE PROPERTY - You promise thai you own the property, Of iltn~ noUce. 1I you are asked to 110 50 by Ihe credil union. you promise to deliver Ihe property loan Is to bUylho property, you promise yOU wlU~lllIlhe IQaD lor that purpose. You at a time and place lhe crndn unloncbooses. TIle credit union wiU not be responsible plOmlse thai no ono else bas any inlerest In or claim agaInst tile property lIIat you ha~e 101 any 01 your Diller property, nol ~overed by lhls agreemenl, 1h3t you lea~e Inside the not already lold Ihe~redrt union about You plOmise nollo sell or lease the proparty property. The credll uDlon wllllry 10 relurn lhal property to you or make II avaNable lor orlouseilas securilylDl a loan witll anotller credilor unUl your loan witll tile t redil you 10 claim. union Is repaid. You promise you w~! allow no security In1DreSl 01 lien 10 attach 10 Ins Alter the ~redll union lias posse5slon of the property, it can sell it and apply the money prope~y eilher by yoUI aclions or by operetiOll of law, recelyad to any amounls you owe the ~redit union. Tho credit union will give you Dolice PROTECTING THE 8ECURITY IHTEREST-llyourSlate issues a !illo lor the pro party, 01 any public sale or Ihe dale allBfwhich apriyale selewill be held. Tho ellpe nsosol you promise to havelhe Cfedil union's securily interesl shown on tile tIlla. The credit tho credit union lor laking IJOSSEIsslou of and soiling lIIe propelty will be deducled from union may have to me what Is called a Ilnan~ng staloment to prolect Its securily inlerest llle money recelved lrom the sale. Those costs may Include the cost 01 sto~ng lhe prllperly, lrom Ihe ~Iaims 01 others, II asked 10 dO 00, you Ilromlse 10 sign a linanclng slatement preparing It for saID and allomay's fees 10 lIIe exlell! permllhld under stole taw or awarded You also promlsa 10 do wllalevar alse tho credit unloo thinks Is nlll:ossary 10 PlOle~ ,under ~(blof lIIe Bankrullt~y Code, Tile reel, of tile sale money ~I be applied to ilssecu~lyln1DreslinlhoproPDrty. ,. . '. ".'.',' , ,;~ Wltijl'You~on,lheloan. " ,,_' _,'. USE OF PROPfllTY - Unlillhe loan has been paid off, you promlS;8 ~u WIll; (1) Use 1"1 'lfyou /lave agroed to pay lheloaJ\\'YOU wi~ also ha~eto payany amouot that remains the property carelully and keep II In gOCKllellalr, (2) Oblain wrilte/l permission from the .. - unpaid alter thjl, sale money lias boen' applied to what you owe on lhe loan an~ under credil unloo belore making meJorchanges to Ihe property. (3) Inlormlhecred1tu nlon t/Jlsagreement YOII agree 10 j18Y Inlerest on tllat amounl at the same rale as th eloan inwrilin~baforecl1anglngyouraddf8ssortheaddresswhere.theJIIOpelt,yls.kePt. (4) t, unfillllat amount has been paid. \ AllOw the credit union to insp8f:llhe prope~y. (5) Promptly nQllfy Ihe ~redit union II the DElAY IN ENFOIlCING RlGRTS ARB CHANGES IN THE AGREEMENT _ The ~redll union property ~damaged, slolen orabllSed, (6) Noluse the property lor anyunlawlul purpose. _ I, c:lm-dfllBy 8l1fofCIng 8IIY oll15~gh~nder .tIIis agreB\TIenl any,number 01 limes willloul PROI!ERTY INSURANCE:T4XE8 AHII FEES,';".you promlselo pay alllaxee olld feos .'~r lll5lnjtlle aIlllllyto e~BfClse Its rights later, The ~red!1 unlM can enlolCBlhlsegreement, (IlkereglSlrallOn Iees)dll8ontllepropertyandlokeepth~properlYlnSUred agalnSlloss '1.;1 agalnSlyourbalrsOllegallepresenlatlves.lf the ~reditunionchangBStIIe t.erms of Ille and damage. The amDtlnf and coverage 01 Ihe property msuran~e must lID acceplable, , loan, you agree that Ibis agreemenl will conlinue 10 protect the ~redll union, lothe~redilunlon, VoumayprOllldelhepropertyinsulancelhroughapollcyyoualready , ., have, or Ihrough a policy you gel and pay lor. You plOmlse to meke Ihe Insurance policr' CONTlNUEO EFFECTIVENESS - If Ihe 13"11 makes any term(s) 01 Ifus pl~n unenforcea~ P.. payable to Ihe credit union and to dellm tlle pollcyor'proof'of~overallolothecredlt 'II . the, other lermswlll remain in ellact. ..~... ' ~. ~1"~' ,A' i~~~e~~~!"'~~~~~';1!~~31~;l~~::~:=f~o~'~~~SR~~~~s~sl~~~,~GREEM!~I', ,', ." 'I",,,,,' ';:',''''I'f'',,'' 1"-" 11'-'.' " ,I:,.,' '-',' I. ".... ""<'j" '''''I',.' I'''' ,"'~' "'f'~ ,1'1 ]' "P" "i", !., "Ir~ ,~. '.','-" ,1.11 ':H;,"":" ."." ,'n,l " " 'I" <" \ I" , i~ ....~- ~~~ '>'."#i~lfEg:,+, 1;\ '1 <~.- ~. -'. ,,-<- ~<-~""'"'-~ -, (~l.e1li ~ 115Ul-U~-MU AMERC OFF CEN I MORTGAGE I s13H1S MORTGAGE is madelhis.. ~~t~.. dayof. . ~~p~~.~b.~r:... 19.... ,betweeAtheMortgagor.T~~~~.h'y: .~~~':l~................,..." ". .......,......,.... , , .... ,. . MEMBERS iSTFEriERlte~~E~r;~ro~'). and the Mortgage~:".'.'.'.'.'.'''''.'.'.'.'.'.'.'.'.','.'.'.'.'.'........... exis,i~~ ~~d~~ ;~e'I~~'s ~i" : .' .' " . , , . . . . THE FEDERAL CREDiT UNioN' ACT' . . . . , . :, . . a corporation organized and whuscaddressis.,.,.... .5~?~.~:.t~.i~~~~'~~~~:,~~~~~~~t7~'~~RG;PA'170SS""""""""""" ...................................... (herein "Lender"). WHEREAS, Borrower is indebted to Lender in the p1'in<:j.pal sum ofU.S $ ~8, 10~.8S which indebledness ill evidenced by Borrower's note daled ::ieptember 1~, 1996 ,.,.,. d' . . . . : . . . . . , . . . .. . . ~h('teof (herei? "Note"). pr~viding for monthly ins~l1m~~t~' I:i .~ti~ci~~I' ~~d' il;t~~~st~nw~~e;~;o~:~~~;e~~wt~: mdcbtedness,llllol sooner pmd,due and payable on ..~. .oP,~r: .~~~~~~;t............ '. To SECURE .to ~ndcr ~he repayment orthe indebt~dness evidenced by the Note. with interest thereon; the payment 01 ,iii other sum). wllh the Interest thereon. advanced In accordance herewith to protect the security of this Mortgage; anti the performance of the covenants and agreements of Borrower herein contained ...B d h b rt grant an'd convey to lender !he following described property located il) the County of :~~~~~~~~r'o~s. . ~t~. : .~~ . ~~~~. , , . . . . . . . . : . . . .. State of Pennsylvania: situated in the .. .!.~~~~.~~.~................ of l':ast 'Pennsboro ,[municipality] .............................. ~n~ mote particul"i~lescribed in a deed dated... '8S1' ........................... ~~~.~~.~. .~~............. , 19. ~~, rc:corded In eed Book .... .......... .... ...... al page ..... ......,. .... .... ... which description is incorporated by rc:ference. D If th~ bloc:k i; checked. the description oflhe premises subjecllo this Mortgage is described in Exhibit "A"'. attached hereto, and IS notlRcorporated by reference to a recorded deed. <t c.. = ",<.n, 0.. w~i: N ........z '....' ~O=:3 _....0 e:: NOO .... a..:n::o I- IoU Z t- ",o<t .... .W a:: ~ "- Ql 0 W 00 .....' n:: I~J ~ en, a: <.0 ::> <.> c:r> . . . EtllJla . . . . . . . . . . . . . . ICily) which has the address of ..7.a.QlJeeo.Aye....................,...... [Slreel) Pennsylvania. . . . ~~Q~5. . . . . . . . . . . . . . . (herein "Property Address"); [ZipCodej TOGETHER with aU the improvements now or hereafter erected on the property, and all easements, rights. appurtenances and rents. all of which shall be deemed to be and remain a part orthe property covered by this Mortgage: and all of the foregoing. togel.her with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower co~enants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage. grant and convey the Property, and that the Property is unencumbered. except for encumbrances of record. Borrower covenants that _Borrower warrants and will defend generally the title to the Property against all claims and demands. subject to encumbrances ofrecord. PENNSYLVANIA-SEGONO MORTGAGE-l/80-FNMAlFHLMC UNIFORM INSTRUMENT Form 3839 Bo0K1341 PAGE 686 J. ~L ~~m;j-J U".'""'ll.LI_"lm',Il"lJlitll~J~j~iIliijjILJliiiIllIiJiIJJliil~"",~~" ~~ - ~~ ~....." " ~ , - .[d~ l\l11..~:!WJ) UNIFORM COVENANTS. Borrower and Lender (:ovenant and agree as follows: 1. Paymeat of PrIncipal aod Interat. Borrower shall promptly pay when due the principal and interest -indebtedness evidenced by the Note and late charges as provided in the Note. 2. Fun. for Taxes aad Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full. a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any. plus one.twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance. if any, all as reasonably estimated initially and from .time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). l..ender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills. unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender 5hall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. Ifthe amount of the Funds held by Lender, together with the future monthly installment5 of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due. such excess shall be. at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufticient to pay taxes. assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more paymenh as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender ,shall apply, 1;10 later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender itt the time of application as a credit against the sums secured by this Mortgage. 3. Applkii(ion of Payments. Unless applicable law provides otherwise, all payments received by ~nder under the Note and paragraphs I and 2 hereof shall be applied by Lender tirst in payment of amounts payable to Lcnder by Borrower under.paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, in- cluding Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which Ol,IY attain a priority over this Mortgage, and leasehold payments or ground rents. if any, S. Hazard Insurance. Borrower shall keep the improvements now eKisting or hereafter erected on the Property insured against los!! by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurar.ce shall be chosp.n by Borrower subject to approval by l..endcr; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this MOl1gage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and l..ender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandon~d by Borrower, or if Borrower fails to respond to ~nder within 30 days from the date notice is mailed hy Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at l..ender's option either to restoration or repair orlhe Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Bor- rower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development. Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations ofthe condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects. Lende:,'s interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. if Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation. are hereby assigned, and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agree- ment with a lien which has priority over this Mortgage. r - 11 ~ i'Hi I.. IlH"- (',,'"' ........""'_.-\lIIUIlil:llllIlHii.oIMlIlJi.JJJlIIIiI.iillilollilo1JlI'iilW~IWilIi!I.1I;~JlllilllllibiWf!jIJI~l!$1Iu.iij~~~Il.,l/;I.,,~1illli!hl:III~~iIiiIli!lllllijl~ilMlif.&~'c;1,~,,,,,,,,,,,,,,,,,,,,,L,,,,,,,",,6....._...., 10, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the timc for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mog,g,age by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successon and Assigns Bound; Joint and Several Liabilit)'; Co-signen. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreement~ of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing'such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address !is Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shaH be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. GOVtlroinfl, lAw; SeverablUty. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the ,Property is located. The foregoing sentence shall not limit the applicability of Federal law to thjs Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not :affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision; lUld to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a confonned copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. RehabUitatlon Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilita- tion. improvement, repair. or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, ma~' require Borrower to execute and deliver to Lender. in a fonn a~ceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this {lPtion shall not be exerdsed by Lender if exercise is prohibited by fedcrallaw as of the date uf this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than JOdays from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior 10 the expiration of this period, Lender may in. vokc any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lcnder further covenant and agree as follows: 17. AceeleratloD; Reme.... UpoD Borrower's brell(!h of 1ID1 covealDt or agn:ement of Bonower la thk Mortpae, lacludlag tbe covelUUlCa to pay whea due aay SlimS secured by this Mortgage, Leader prior to anleleratloa shall give notice to Borrower u provided by appUcabIe law specifying, amoag other things: (1) the breach; (2) the action reqa1red to ewe lIuch breach; (3) a date, not leu than 30 daJl fro... the date the noAlce Is maUed to Borrower, by which such breacb mUlt be eured; and (4) that failure to cure such breach oa or before the date speemed In the aotlce may result In acceleration of the llUDS secured b,. thII Mortgage, foreclosure by Judicial proc:eedlng, aad lI8Ie of the Property. The DOUce shall further lnform Borrower of the right to reinstate after ac:ce1eratlon and the right to asaert In the foreclOllUft pf'()CMdlag the aoneslstence of. default or Ilny other defePH of Borroftr to acceleration aDd [oreclOllIlle. H the breaeb II not cored on or belore the date speeU1ed In the notice, Lender, at Leader's option, may declare aU of the IIIDlIIIeC1U'ed by thll Mortgage to be immediately due and payable without fuJ1her demlUld and may fonclOle thla Mortgap by Judicial Proceedlal. Lender shall be endUed to coHeet In IPcb proceecllng all eIpeDSe8 of foft(!losure,lDcludlag, bat Dot limited to, NUOnable attorneys' fNl, and COICa of documentary evidence, abstracCl and tide reports. 18. Dononr'. Rl&ht to Re....tate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach. Borrower shall have the right to have any proceedings begun by Lender to enforce this Mort. gage discontinued at any time prior to at least one hour before the commencement of bidding at a sheriff's sale or other sale pursuant to this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien ofthis Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Bor- rower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred, 19. AIII........t of Ren~; Appolatment of Rec:eber; Leader Ia Poueuloa. As additional security hereunder. Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment ('fthe Property, have the right to collect and retain such rents as they become due and payable. Upon ac:ccIcratioD under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon. take possession of and manage the Property and to coUect the rents oftbe Property ineluding those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to. receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender Bood341PAGE 688 ".......,"_.,"''"->"~;,,y~ ~-. ,._ "~,,,_L 1~." ~""',"'-;'~,~.30",',,<i_ and the receiver shall be liable to account only for those rents actually receiyed. 20. RcIeMe. Upon payment of all sums secured by this MortgaF~ lender shall discharge this Mortgage without charge to Borrower. Borrowershall pay all costs of tecordatidn. afany. 21. Intereat Rate After ladam_t. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an llCtion of mortgage foreclosure shall be the rate stated in the Note. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and lender request the holder of any mortgage. deed of trust or other encumbrance with a lien which has priority over this Mortgagelo give Notice to lender.al Lender's address sel forth on page olle oj' this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF. Borrower has executed this Mortgage. Witn~ss~l . . (~U06C.~<.",;>'Y:J......... , .... ~TiL::~~ -HOllower -HOllower Iherebycerti~thatth~~l;ciseadd~essof~heLend~r_(MortgageeHs:... ................................. . 52. ~.>;.T.R1!'(,.LE~OA~,~>;~... !'(\C~~';X.G'.~~.179~~.........,...........,............."" ...... ...., , L W't onbehalfo~theLender(~y:: .....-...J,')\., ...~.:.'...~. :'\....... Tille:....qC!r}..:n...~;r.. .,..............., .; , ~~ COMMONWEA~THOFPENNSYLVANIA... Cumberland............... Countyss: Onthis.the................ .13th. .dayof,.. September.,................. ,19.9.6.. ,beforeme. . . . .. . . . . . . . .Uebra. A... Donmoyer I' a. notary .public. . , . . . . the undersigned offlcer. personaBy appeilred ............ .Timatby.Mates...............,........"...,................................. known to me (or satisfactorily proyen) to be the person whose n<sme . . . . . is. , . . . , . . . . . . . . subscribed to the within instrument and acknowledged that. . . . . . . . .he. . . . . . . . . . . . . . . . . . . . , . ' . . . executed the same for the purposes herein contained. IN WITNESS WHEREOF. I hereunto set my hand and official seal. My Commission expires: ... .~" () 1)(/fI1(tJ{M(A......... Tille of Officer (:;1'-' \...II~I"........ ...'.,...,~.DO" ..... ..~~lg;:;....... !I',!, ". ... '...., ""J ....'~6 ... ,...." ...,.a....~.... ,,0., 'i';:: ...;' . """'V '.- " = s.iI; I(S' ~,i~s :.'t". OL"~:t:l." : ~""'" ~ ::i.t,i..t: 4J ':. '\\~ . ~ :or;;'. \~O':~8Yill~~ll ...~.......,~"Y:\.... .....,,"'y~,f"",''''~.,. ""11"111"'" NaIlutallleal , ~A.~.r,NllImyPllbllc !iJ'Ol Potlnsboro T'!Jl" Cumb....ndCOUn~ ",y QQmmlssion Expires Jan. 31. 2000 ~~laIionotfJOlarlElS: (Space Below This Line Reserved For Lender ana Recorder) 1 ~:) ,'I ~ ~' "':,101 HId (e:cording of Oti~ ,.,',<,;lldOd Courivft~ ,\0[' _Pag~ 9 ;,1'.' h.,.n .l al of off '. f J_ ,'j:; h' 'V .1 _..~ ,~ Recorder BoodJ41 PAGE 689 MAY-87-01 82:58 PM e5/e7/~eel ll'~~ ., > ,"';'"" ~-k' ';'1 .."",1 < f" .~ ~- ,""""'.k ,. MEMBERS1ST Feu INS. DEPT 7177955178 P.€!2 71 7&52801 7 MACINTIiRE I..AVI PAI& 04 ~ J, VERIFICATION jo'1t'.e.. ~AUIIV\.. . VERiFY THAT 1'HE SiATEMENTIii MADE IN THI!: FOREGOING DocUMENT ARE TRlI! ANe CORRECT TO THE SiaT OF MY KNOWl.I!:ClGIl, INFORMATION AND BEI..IEF, I UNOERSTANO THAT THE Si ATI!:MENTS THEREIN ME MADE SUBJECT TO THE PE('IAJ.. jl~ 01" t e P..., C. S. 14904 ~ill.ATING TO UNSWOl'\rl I'AL.SIFICATION TO AlJTHORrn~. l'eij,; ,1' "'_""~~ "I'~ -';;; :;. ;;,C',e,>_ -. ,,' " "'~".,"' __","",,___,. -', .\J "" -; , ,-~- c.O';"", "o..~""2.'w'i.~_iWj~~;;.;~~"".!l-."~'I~,""':blllill_Oii<il_l.~~~;,~,..~~",!U._rr;' " ~; '~~ l~ C ~ "- '" --.J ~ \l.; V\ "- "" Jlli~.J JIil Jii .H __.m,!EL,:J,:.U ~<,rUUL_""",(JL__.""",~~-"""",~.""<"""--,,,,,",,,.,~._,,, ",,~ '<0 " ", .~ c; c >,~ ~!l;-' -;:?--- -7 u.,---., ~~\~ ;:;:,(-1 J?C- Z 2. , ~ = c:. ,..(. (---- .~ (,L) ---~. ,-- .- _...~~ _Or ,'\i '.~-:.,: ('') :"':5!"n ':.:--\ '" ~ - - N l,J 8 ~ j ~ -f. .Vi. ~ al ~ ~o e (; ~ /iI!"""""" ~~, ~ . ~, , I J - ~" L~~l i "'-_"l SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-02775 P COMMONWEALTH OF PENNSYLVANlA: COUNTY OF CUMBERLAND MEMBER 1ST FEDERAL CREDlT UN VS MOTES TIMOTHY W R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MOTES TlMOTHY W but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY serve the within COMPLAlNT & NOTICE County, Pennsylvania, to On May 17th, 2001 , this office was in receipt of the attached return from PERRY Sheriff'lS Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Perry Co 27.80 .00 64.80 05/17/2001 MCINTYRE & MClNTYRE S~~~ - - R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this JSM,( day of~ .:2.o-u I A . D . ChJ~ {] ~J!li. ~ ^Pi Prothonotary' ;jlJ~ J J , ~ I J I.., v "i;I~\'!'.oi SHERIFF'S RETURN In the Court of Common Pleas Of the 41" Judicial District of Pennsylvania-Perry CountyBranch Member 1" Federal Credit Union NO. 2001-2775 Vs Timothy W, Motes 611 S. Main St. Marysville, Pa. 17053 George W. Frownfelter, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Timothy W. Motes at 611 S. Main St. Marysville, Pa. 17053 but was unable to locate him/her in his bailiwick. He therefore returns the Complaint NOT FOUND ", as to the within named Defendant(s) Timothy W. Motes. Moved and left no forwarding address. Sworn and subscribed to before me this ---15- day of~, 2001. ft1a1~ '-t. --t~, ' - De 5t...,.~t:: NOTARIAlS MARGARET F. FLICKINGER, NOTARYPUBUC BLOOMFlao BORO., PERRYCOUNlY MY MMISSION EXPIRES FEB. 16 004 (fl;stJ George W. Frownfelter Sheriff of Perry County '-llL_ ~~ - U~ ~...".-~ - ~ ,..;., L bIlI!:Jii,,; In The Court of Common Pleas of Cumberland County, Penn.sylvania Members 1st Federal Credit Union vs. Timothy W. Motes No. 01-2775 Civil Now, 5/8/01 , 200 Q , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. , .//LIt , " ~~~~~, Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock M. served the within upon at by handing to a copy ofthe original and made Imown to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this _ day of , 20 COSTS SERVICE MILEAGE AFFIDAVIT $ $ ~'.~~- J,J , l_-~--.l,~~ l.~.-=. ..,_~_...._,,,~;_"",,,j ~ , ~ MEMBER I ST FEDERAL CREDIT UNION, . Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. Oh~/l') Gu, \ T<-r/tj TIMOTHY W. MOTES, Defendant i: : CIVIL ACTION - LAW NOTICE i;i ';1:" h' YOU HAVE BEEN SUED IN COURT. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose'money or property or other rights important to you. YOU S;HOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN Gf:T LEGAL HELP. '?' Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TRUE COPY FROM RECORD In Testimony whereof. I here unto set my hand and the ~ of said C~ Carlisle. Pl. This y~ d<ly ~ . ~I , (,,~() J,~ ProthonCltaff ,,~ ~ -1lliIil .- "-~ " " L ___ -~<>,,1o'i 0~~;': . 'j'" .". IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff vs. TIMOTHY W. MOTES, Defendant COMPLAINT AND NOW, comes Members 1st Federal Credit Union, by and through its attorney Robert B. MacIntyre, and respectfully avers the following: 1. Plaintiff Members 1st Federal Credit Union, hereinafter referred to as "Members", is a licensed and regulated credit union organized under the laws of the Commonwealth of ,i'~.'-.. Pennsylvania, and maintaining corporate offices at 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Timothy W. Motes, hereinafter referred to as "Motes", is an adult individual whose last known address is 611 ",il"" Main Street, Marysville, PA 17053. 3. On or about September 13, 1996, Motes applied for and received a loan of $18,100.8,9 from Members. A copy of the note, ',':', disclosure statement and recorded mortgage are attached as Exhibit A. "~I:' ~~~ , I , .,~~ ~ , ~ 4. Pursuant to the loan agreement, Motes was to pay the loan back over a period of 5 years. Interest was to be charged at the annual percentage rate of 9.2500%. 5. Motes has defaulted in the terms and conditions of the loan by failing to make payments as required. To date Motes is in default in principal payments the amount of $1,7102.68. Including interest,the balance now due and owing is $23,257.75. 6. Pursuant to the loan agreement, Motes is liable to Members for all costs of collecting the amount owed, including court costs and reasonable attorneys fees up to 20%. 7. Collection costs and attorneys fees in the instant case would likely total in excess of $5,000.00. 8 . 20% of the outstanding balance of the loan is $4,651.55. WHEREFORE, plaintiff, Members 1st Federal Credit Union seeks judment in its favor and against defendant Timothy W. Motes in the amount of $27,909.30, together with interest and costs. 6000 Linglestown Road P.O. Box 6656 Harrisburg, PA 17112 (717) 652-9485 ~, "'''.''''''A.,_ '"'-.''' I ..',,'.., ;mW,. " .; i~' ,~ ~~, . !. ~ i'l 'illI l~' ~j ,. ~;, r' ,~~ ,,~i). I,:' -,-, " c ~~""''''''''''''''' ...4l..II...._'--'''''''''" '~,_. ~ ~."~-",..~" '~liIoiir.il__~"'" ~ ~ " I M!;Lql~~~ lOANUNBt NorE AND DISCLOSURE srATEMENT CflEDlTUNIONIIIWE.....OAllllRESS MEMBERN EANllADIIIlESS MEMBERS 1ST FEDERAL CREDIT UNION MOTES, TIt!DTHV w. 5275 E. Trlndle Aoed Mechanlcsburg, PA' 17055 ,78 ,QUEEN AVE '" ENDLA PA 170252337 RATE OF -"' " 037.0484-0 INTEREST 9.2:500 . 17501-09 CERT. UlAN NO. JOlNTINSIIllEU'SIIANE " AA20600 20600 "'" ..""~ X I"" I jV/\PiA8LE ". ^Q-"-,Q.- ". 1n-nl-0l In this agreelllllnt "you" and " ur" mean each person who SIgns IhlS agreomlllll:. The "credit unlun" moans tI\t' credit union whuse namo appears abovo lIIIII anvone '" .m credltu on transors Its rlahts, under this agreamonl. Tha18rmSlmlhelllVllrsesldearepartallhlsagreomenl. Boxes chllGked aaulvlo this agreement. . . ANNUAL PERCENTASE RATE FINANCE CHARGE Ainaunlflnancoil TOlalol,Po monlS ~p=a~:o::ue~YOffearlyyouwlll TtIIIOSltl,our_...plllyralt, ThldoIl8tlllllMl1liltcredlwlicosll'll'l. OllIM"OlII11D1_pmIdIdlOjOlUoron f::.1=.ru...:.:".::::ru lW"blihall, ~~~r:wo~~::~~~a:riuaJ P&rcenl- Q_."M " , ."".-" , 18100.89 , 22786.20 ~r:oul~:~O:S:~::' account "" .. r.: . Varlllbll Rata: The annual portllntage rate may Increase durlng the IfIrm 01 Ihls transacUoo if: Ihe N/A (Index) changes. Wewilladdamarglnol~tolhelndexvalue. The rale wiU change monthly on the flratday 01 Ihe month. The ratowlll never be hlgherlhanlhe malrimum fale allowfld by law, and II will never bo less than N/A . Any Jnlarest rate InCfeilS1lS Will result In more paymenls of tho sarno amount. For Example, II your loan was fUf $5,000 et15% lor 48 months and the Annual Percentage Ralo Increesed by 2% after one year, the term 01 your loan would Increase by two months. Your Number 01 Pa~m8nll Amounlol peymenll When PaymenlB Are Due PlOjIerty Insurance: You may oblalll propBfly Insurance lrom Payment 59 379.77 monthly Begin 11-01-96 anyone you wanllhallsBcceptablelolhecradilunioo.II Schedule 1 379.77 Final dUB 10-01-01 you gllllhe Insurance lrom Ihe credit union you wlll pay will be: $ N/A Selurltv;Collaloralsocurlngothertoanswlthlhecradilunioo willalsos&C1lrolhlslDan,YouaroglvJngasecurityinlerest In your shares andlordeposils In Ihe crsdilunioo; and purchased;)( (Describe) Lal8 CIlBl'lIe: If your payment Is 10 days or moro past duB, you wlll be charged a lale fee equal 10 5% 01 NorrFlllnglnsuran~ your scheduled payment. $ nl a $ N/A SelvourCOlImu:ldolumenlllaranvaddlllonatlnformaDOlIlboutnonpavmenl, dlflull,audan~fIIqulred'fIIpaymontIDful llIfoflllhellbedutlddalB. ITEMIZATION OF THE: AMOUNT FINANCED nEMIZATlON AMOUNT ~~~ 18100.89 o~~~~mt S 13160.94 Amount Paid to S n/. Tu Credit In.uranc. othmon S n/. To Enc'F_ YourBohalls To NOTE AND SECURITY AGREEMENT CONTlNlI~O ON REvERSE elDe The loltowlng fWlIgrephappllos an1y Illhls Is a variable rale loan: Tho Inllial fBtO 01 Intorost Is NJA CiII. Inlernt: Interesl will be chargell lrom the, date of this loan unUlyou IIave paid wbat you'OWlI undtlrlhl sAgfsement. The Interesl fale Is subjecllo change as follows: If the NJA (Index) changes, We will add a margin 01 N/A to the Index value. The rate wiD chan\S monthly on the first day 01 the moo!b. Tho Illla will never be hlghef than lhB RlllllImum rato allowed by law; Blld II willlllMlr be Iess!ban N/A MY Inlerest rala ncreases wiD mull In more payments of the same amounl. Promile to PlY: You promise to pay $ 18100.89 10 Ihe cradll union plue Jnlereel on lhe unpald balan~ al 9.2500 unlllwhalvouOWll hasbeonrnDald. Collaellm CollI: You promise to pay all cosls 01 coUecUng!ba amount you owe undtlr this agreemenllncludlng court costs and reasunable altome~s lees, lljl to 20% principal and Inlerest. StcurllYOlfllltld: AMOUNTPAlD '"- .".'" PREPAID ~~= $ , 4939.95 n/. S n/. , , T. T. T. This Nule Is guvsmod by the laws 01 PA %peryaar MODEl "" tD.NUMBER ~. ,~~ ^I. n/. OIlIer (GeIerl"): 7A m U::I<N AU~ ~[]LA. PA 17025 2ND lilTS You Pledge Shares $ Acct.' S ACllt. /I andlorOllfMlsllsol .,,/. n/. SIGNATURE: if you agree to make and be bound by the tenDs 01 ibis Nole Bnd security Agreement8ign below. "you am nol a borrowar but en 0Wfl1Jf of lha coIIaltlral for lhIs foItr. sJgnbelowafldcheckllNlbox for "Ownsr of eonateraJ'! BydolngsoyouagrooOll/ylfllhetelmsoflhaSecurltyAg/eemBflt. CAUTION: fT IS IMPORTANT THAT YOU THOROUGHLY READ THIS CONTRACT BEfQRE YOU 81GN ft. I. Dom Borrowor20own<< 01 CollalOraI (otherlhan a Borrower) Dom ilT C.-I",""" X ~.orrowerOOwnar~llaIiirat(olhar an a Borrower) D'. BorrawerOOWneroICollaloral(othoflbanaBorrower) D<I' X ~ X .., - . -, . MAXIMUM'MON~HLY MA)tIMUM:AMOUNT OflOArnNSURABLE ., MAxIMUM AGE fOR INSURANCE DISABI~8ENEFIT I ~.~~ I p::~r I ~~ I UlBABlllTV - 55 -- lllbeJnsuredislOIaIl~dlaablsdformurethan 14 days, than Ihe Dlsablrlty BanefilwUl begin wllh Ihe 1. day ot disabllily. . ... . . . -. "You'" or "Your" moans the" membe,r and lh6 joint Insured (if aPPllcliblofcnidltlnSiil~Ctl' fa,VOlilld8rV -iild nit ni~ulflld In-order '10 ublaln thla Jolin: You may setllCt any Insurer 01 your chulce.. You are appll'lng to lIle Society for cradlt insurance pn your loan. You agree Il:l pay the premium charges shawn below. DO NOT SIGN THIS APPlI(:ATION If IT CONTAINS ANY BLANK SPACES. Tblt appllcatlon'ls void I1ld will nuf ba used In e conloslll all blank spaces hl1f8 nof been completed, If 11I1 mambor IIIlI nal slgDed and delod !he Application, end litho ApplllllUan hIS not beon wllrlossed. The lo!lowln~ stalements made by you ere rupresentstloos and arotrue to the best of YOUf Mowledge and belle!: CREDIT UfE INSURANCE CflEDITOISABIUTYINSURAHCE !J'~~.$'~ C),-\~ On !blsdalo, are you presently actlvety at wllfk and reguJarty oerfonning all 01 the Ilsual dutiesol a gainful occupaUun a llinlmum of 25 hours a week1XDYes DNo S!gDlrlll , II no,why not? S1anaturtarJoklllnslJrlll~(OIIyrequlrednJolnlCrtdiIUI8tlMf8g8I1Sl1l11l:lOIi.1 .... ~'~J1lz/ 9j...k _. 5lllfl8\Ul8D1MmW -- . ~, ($tCOnI2Irylle/lllllClalynl'Ollde8lrtlOllImIOIlII ...... ." COVERAGE SELECTED Yo, N. ($8lD:1duySlnlllcluynyGudlslrlllDnlllllonel Single Credit Ufe - -'<JL COVERABE SELECTED V" N. JalnlCrndltUfe - -'<JL CradltDlseblllty - -Xl'- APP.SllJ.01B6I'A M.Dll188PA Initial Amount 01 Loan Insurance Charge Monthly Tenn01 CertlOcalo ElfecllveDale Date 01 BJrth Payment/Benefit InMonlhs ofCertlflcato Mo. Day Yr. CDS ....1.. CDS ....1.. . .,,1.. CD n/A 09-24-67 -- CL$ -,. CL' _I.. CL .,,1. 29-13-9S- - - ,o.y VI. JDlnllnsutlld CMIB7Uer44llPN ~~~lS7 ClCUllA__&OClfI'I.,~.1ll,1I.IlI.IlIlJ.RIIJIII&RE5llMO t ,... --:-~--T--" -,-,,---- CREDIT UNION ._~-'---------"- ...1., ~~'~~,~!%.",>iI&i>';,'il "...--' / , ~ - LllIilMTd~ilMoll"""IkiIlllIWi,I~~'il"'" I "'lliIIi,il!llui..i~ ",' , , , j., ',,' NOTE (Conllnued) J', PluusulookallhebulonllluflIvursellduloseelllhlalsalluclorl/8rlabla raleIOBll. Thul1lllowlngparagr8jlhappllnonlylovarlableral.loans: 'PIIOMISElOPAY-YoupromlsSIOPaYIOtheCrSdllunion,lksalllountyou owe under lhis agreement al an Inlerest rate which wUlvary as prollidoo on the reverse s ide, Vou promise to pay interest aspro\lidedonlhere~erseside, unlil what you owe has been repaid,TMamounlyouowe under Ikis agreement Is lke Amaunt financed s hownin lheTruth In tending Disclosure on lIle revorse side, plus any olher amou ntsadvanced by the Cfedit union to you or on your behall underlllls agleell\!lnl. TlIelemslnlnllpalllgfllpbsepplylobelhlllDdandnrlablelaleloall$: PAYMENTS - Vou promise 10 make payments ollhe al1lllUnl and allhe IIms shown in the Trutllln LendillglllsclDsul'llonlhsl'8\lllrsasldsunhlwhstyouowehssbeenrepai d. You may makslal1erpayme.ntswilhoutpenally. II you dO prepay partol what you owe, subsequentpavm8llISwllIrlImalp'dUtlasscl1edultd;'l1you'itonolmallepaymenlsas "Il~ scheduled or il you eleClcredR Insurance, your laslpayment may bs larger than the ' amount 01 the olher payments. Vou promise to make payments althe place chosen by Ihe credit lIIllon. LOANS BV MAIL-If lhis loan Is being made by mall, interesl on this loan bllillns when lhs loan pfocsedsarll mailed. lflhls loan relinances an earllerloan, said loan wm be canCtllled asd refillanced as 01 \he aclual disbufsemenl date. SECURITY INTEREST-Afly propeJtyshown in the "Secunty Ollered" sacllon on the reverss skts will bs secufily lor \his loan. Inaddillon, you agree lhis loan ls also secured by all the shares and deposits In all your Indillidual and joint accounts With thecrell R union now and in thelutufe. Sharlls and tleposlls hi anlmlMdual Retirement Accounl aodanyolhel8Ccauntthal.wouldlosespeclalt811lrealmenlllllderslateorlederallaw il gillen as securily are not subject 10 \he security interest YOU gille In your shares a nd dejlOSlts.Propertyyouhavegivenlosecureolherloanswlllalsosecurelhisloan. DEflUlLT - Vou will be in ~elaulllf you do not m~ a paymenl ollhe amount required Whsnilisdue.'Vouwil/.belndelau~ifyoubreakasypromlseyoUmadeinconnllCtion wUlltfllS to~n. You, wlil be if1 delaulIll you die, me lor bankruplcy or become insolvenl, that Is. unable 10 pay your obligalloos when they becoms due_ You will be In delault ilyou make any Ialsenr misleading slatemenls In any Cfedil applicallo norupdateol credit inlormallon. Vou wi~ be In delault il anyone who has signed a security agreement In connecllon wllllthls losn Is In delault. You will also be In delaul\ll so melhinghappel1S whlclllhecredllunionbellevesmaYSllbstanlfallyreduceYllurablmylorepaywllalyouowe. When you are in delault. the crellil union can demand immedlale payment 01 tM unpaid balance 01 lhls loan wlltloul gilling you advance nOllce.llthe cradllunion demands Immediate payrnent 01 tke unpaid balasce,\'Otl will continue to pay inlerest al I he same Interest rateunlll what you owenas been repaid. II Ihe crlldlt union has demanded Immedlatepaymentollheunpaldbalance.lheCllldltunioncsnapplylheshares and dDposll~ that you-Ilave given as security under Ihl;allleement lowards what you owe. The crellll ultIen'can alsoWlltlse any other righlS.the law gives Ihe credll union wh en you are In delault. EACHPEIlSOHIIESPOHSI8LE-Eachpersonwhosignsthisagreementwl~beindivldually and loinllyfosponslble lor payinll Ihe enlire amount owed, That meanslhe credit union canenlofcellsrighlsunderlhisagreementagalnstanyoneolyoulndilliduallyoragains! aIIolyoutogelher. LATE CHARGE-lI you arelale in making a payment; you agree 10 pay lIIe late ch arlle 'II shown In thaTrulh In landing Dlselosure on Iller6vers8side. tr no late cIla rge Is shown, '"yOIIwill not lwcharged one. ' ' " NOWAIVERUTIi~credlt'unlonCandelayenlorclnganYolltsrightsanynumber 01 lImea'wllhoutlosingilsrlghlS. " NOTlCES-Noliceswill be mailed 10 you al the most recent address you Ilavellive n Ihecredilu,nioninwlitlng. Nollce to any one lIf you will be no1ice to all. SECURITY AGREEMENT In Illlsagreemenl all relerences 10 "credit union" mean the credit union wh osename' union ii_asked to do so. appearsenlhlsnoteandanyonetowhom\llecredllunlonasslgnstflelDan.AlJreterences' II'YW,cancel your Insurance and gela relund,lhecfedllunlonhasanghl 10 the refund, 10"theloan"meanlheloandescfibodlntheTruthmlendinllDlsclosu1'll.A1lrelerences lIthe prlljJ8r1yis lost or damag.ed, lhe cradit union can use the insulllllce seltlement 10 "you" mean each person wllo signs !hIs agreement. to repalrlhs properly or apply 1111lWard$ wllal you owe. You aUlhorillllhe credit un~ THESECURITYFDRTHELOAN-BySigslnglhlssecurityagreementmthesltlnalure"; ;"lolndorseany'drall or check which may'be payable 10 you In order lor tllli cle dilunlon area or by signing lIle stalement lelerrillg to lhis agreement on lhe back 01 1/1 echecll . tocollsclanylalundorbenelltsdueuJlderY'!urlnsurance'policy. ., you receive lor YOUf Imn. you give \lie Cl1ldil utiion what is knOWI; as a ~ecurity I~leresl Ii you do not pay tha la~1lS Dr teas o~ the property when due or 1Ieep II insured, the iothe prOperlf descrItJed In the "SecurltyOUered" section, The sscurily interesl you credltUIIlon may pay these obligations. bul is nolrequlled to do so. Any mon eylhe give inCludes all accessions. Accessions are tfIil1gs whi~h are aUsched to or Installed credit WIlen SIIeJlds fOI laxes, lees or issurance wm he added to your loan balance and intheproperlYllllWorlnlheluture,Thesecurilylntereslalsoincludes any replacements you Will pay Interest on lhoseallloentsallhe same fate you agreed 10 pay os the loan lor the property wIlich you buy within 10 days 01 the loan or any extension s,renewals Ilthe Cfedit union adds amounls lor Iaxes, lees. llfinsurance to yoUl loan ba lance, your orrelinancingoltheloan,ltatsolncludesanymoneyyourecelvefromsaUingtlleproperty paymenls mayba increased by Ihe arnount necessary lor your loan 10 ,be pald ollm Of lIolll Insurance you have on Ihe propefly. U the value 01 the property declin es,you lhesamenumberolmonlhsorifllnallysclleduhod, \llomlse to gi\l8lhe credit union more property as security" asl<ed to do' so. DifAULT-Vouwillbelndelaukllyoubreal<anYForrjs8yoi!make~derlh\s'agreement' WHAT THE SECURITV INTEREST COVERS-The seculityTnteresl secures lhe loan VouWillalsobelndlllaelt:llyouarelndelaultundertheI08ll.lIyouarepledgiRlIlllOperty, describedlntlleTruthlnLendln\lOlsclosulealldanyexteoslans,lenewa,lsorrellnancings but have signed only as as "Owner 01 Collalllf81 (otllor lhan a Borrower)". you will be 01 that toan. It also secures any other loaes you Ilave wilh Ihe credit unionnow 0 rin mdelaultil anyone Is in delaullwho has signed Ihe lOANUNER" Nole. Ihe luture and anyo\lleral1llluntsyoupwe-l/IeCfedll union lor any reasoo now or In lhe fulure. II the property description is marked wilhoJlO slar ('),orlhe pro poJtyls WHAT HAPPENS IF VOU ARE IN DEFAULT-Wilen you 8fe In delau!t, the credllunlo n housellold goods as defmed by th~ Credit Pracllce Rule, the propeJty will secure only can, Withoul advance Rollcelo you, requirs immedlete payment 01 wllat you OWl on lhetoanandlakepossesslDnoflheploperly. Vouagreslhecredil union lias the right lhls loan and not other amoWlts you owe, , totakepossess!onollhepropertywlttwulgolll\lto'courlandwlthoLJIgivlJ\9youal!vance OWNERSHIP OF THE PROPERTY - You promise Ihat you own the properly, or Illhls notice. II you ai'll asked to do so by tile credit unIon, you promise to dalive! the property loan is 10 buy theproperty,you promlso you will use the Iqan lor that purpose. Vou al a lime and place \lie cradit union ChOOses. Thocredltunlonwlllnolberesponsjble promlse Ihat no one else has any Interesl In or elalm againsl the properl ylhat you have lor any 01 yourolher properly, not covored by lids agreement, that you lea ve msjda the not already loldlhe credit union aboul. Vou promise not to sell or lease the properly property. Tho credll unioo will IIy to relum that property 10 you or make n availa blefor or 10 useil as seCllrity lor a loan wllh anotbercredltorunlilyourloenwilh lIlBcre dlt you to claim. unkml5repakl. You promise you will alloW no SllCurlIy lnIe18S1 orli8l1 lOaltacll 10 tho Atler Ihe credit union has Ilossessloll-ollhepropeJty, i\can sell II and a pply the money propertYijilhef by your acltons or by operation 01 law, lecelvedlo any antO\lnts you owe the credil unilln. TIle cradlt uelon will gIve you noli ce PROTEClING THE SECURITY INTEREST_llyourslalelssues a lille lor tile prope rly, olanypubUcsaleorlhedaleafterw~lchaprIYatesaleWillbehekt. Tlle expenses cl youpromlsetohavolhecfedllunion'ssecunlylntereslshownosthelllle. Thecredll the Cfedlt union lor laking possession 01 and sellis!l the property will lle deducted Itom Union may have 10 me what Is called a Ilnanclng stalement 10 protecllts security Inlerest the money received lrom \lie sale. Those costs may inclul1e the cost 01 storing tile pmpeny. 110m the claims 01 olhers If asked to dO so you plomlse to sign a llnanelng slstement preparing illor sale and attomey's lees 10 the extent pel"rnilled undet state law or awarded You also promlse 10 dowhalllVef else the Credit URlon tklsl<s Is necessary to protect , ,under"SS06/b)0IIIIe6ankrupIcyColle, The resI!lltlle sale mooev\lf\ll be applled tll lIssecurllyinlerllsllnlhelNoperty. !, "'., 'I)~ ~youoweonJheloan. ", .',' -,' USf Of PROPERTY - Unllll~e loan has been paid oil, you promise yo~ WIll; (1) Use I ".I '''you IJave 8!lf88d to pay the Ioan-:youwilt alsO ha~etopaY'anyamount IIlaI femains the pfoperty carelully anti keep It In good repair. (21 Oblaln written permission Irom the "t', unpald alter tIl~,sale money has boen applied 10 what yoll owe 00 ths loan and under credit union belore maklng malorcball\lestolhsplOperty, (3) Inlorm tlle credR union l/IIsagrllement.Vouagreetopaylnlerestontllatamounlallhesameraleastheloan In wrllln~ betore changing youradtlress orlhe address when the property Is kep~. (4) r I IIOtII thai amounlhas been pald. \ ' Allow lhe credll union 10 Inspect the property. (5) Promptly nqUIy \lie crellh union lIthe ,DElAY IN ENFORCING RIGHTS AND CHANGES IHTHE AOREEMENT _ The cradlt union Pfcperty Isdamaged, slolen or abused. (6) Noluse Ihe prOllertylor anyunlawlul purpose. , 1, C8ncle,lay BIllotCing any of ,Ils ngh~nd8r .Ihisag!elllflent any number 01 limes Wllhout PROtERTYINSURANCE,'T4XEaArtDFEES,';",VoupromlsttopayalllaXllsaodlees ",:'floslnlitllsabllllyteell8rc1seilSrlghllilaler.ThecredilunloncaneltlllfCtllhlsagreemenl (liksregiSlrallonlees)duSOnlh8PropertyandlOk81l11I11epropertylnsurl{\agalnsltoss.Ja\.1agelnstyourllelrsorlegalrepresOIItatlves.llthecredllunionchilllgest1tetDflllsoI the and damage. Tile amoun! and covefage 01 1\Ie property Insurance must be acceptable. . loan, you agree lhat thll; agreement w~1 conllllue to protect Ihe credrrunlon. 10 lhecredlt union. Vou may pfovlde tile properlYlnsu~cetllrough apollcyyou a1re":dY,,: i CONTINOED EFFEctIVENESS -lIthe law makes any term(sl of lhls plan unenlorceat!e, Ilave, oflhroUl/ilapollcyyougetandpaylof,You promlselomakelhelnsurancepohcv . _ , . payable to tho credlt union and 10 deliver the polley orpfOoI.ol COYllfllge to Ihe credit'" 't1te,otherlermsWlllfemalnlne"ect. ':.~.. ,)"r;.. .;;;, .I~~ PJI!IfERT'I,DESCRIPTIDN ON .THE REVERSE SIDE IS. PART OF_ THIS f\GREEM!NT", ' ..;1;w:~\~",,~,'Ni:frict:"SIGN' THIS'AGREEMENT<'ON THE<REVERSE',SIDE;;", .. 't", ',I . 'I"..il'r".-,-' ,', ' II"" '. It" " 'l.... " ......1" "'I ,!" ",1\' ,I " "-,,, ""< ,)'11' II" ~:. I'''' I' '~I(I ,I"~:" '11'''' .'1',1 \. , ~ ,- "'_~~'.'<"i,"".'""''*-~_ 1, / ~,",-",-~ - "~ ,-~~ ~~~ ,~... , I ~ ""~ " '~li1LJ ~ 11501-U8-I~O AMERC OFF CEN I MORTGAGE I Iq .~~~~~~~~nT~:~~~~~g:~~~i~~~.h.~~~~~~~~~~~~''',~~P~~~.~~~.. . ..............................., .......... . ...... . ...... ... (herem "Borrower") a~d';h~.M'~.' ................................. ......... ~~~.~~~~ ~~,!,.FEDERALCREDITUNION . 0 gagee,................:...... existing under the laws of . .' . . . . . . 'i'iiEFEDERAL CREDiT UNION. ACT. . . . . . . . . . a corporatton organized and whose address is. . . . . .. 5~?~ E:iRiNOLE.ROAD: MECHA.NICS.OURG' PA'17055 . . . . .. . . . . . . . . . . . . . .. ....., ..,.......... ...............!. ................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (herein "Lender"). . ~HF.RF.^S. Bo":owe.r is indebted to Lender in thc princiPal sum ofV.S $ ~8,10~:~.9. . . , . . . . . . . . . . .. . .. . . . which Indebtedness IS eVidenced by Borrower's note dated ~eptember 13, 1996 d . d . . . . . . . . . . . . . . . . . . . . . . . . . . an extenSIOns an renewals ~h{'reof (herel~. "Notc"). pr~viding for monthly inst:;';lI~lg'ts of prlo..cioal and intcrest. with the balance of the IIldcbtedncss. It not sooner paid. due and payable on ..~..o. .~x: . ~~! ~~~;t. . . . . . . . . . . ; '. To SECURE to ~nder ~he repaymcnt of the indebtedness evidenced by the Note. with interest thereon; the payment 01 .111 other sums. With the mtercst thercon. advanccd in accordancc herewith to protect the ~curity of this Mortgage; an,d the perfonnance of the covenanl~ and ag~eements of Borrower herein contained,-.Borrowe,r does hereby mortgage, gr.mt and con,vcy to Lendcr ~he followlllg deSCribed property !fjcatcd it) the County or .~l!~~e~ ~~!ld . . . . . . . , . , .. . . . . . , , , . . . . . , . . ., Statc of Pennsylvania: situated in the.... .~":'.~~.~~.~................ of . ~.~st P'ennsboro [municipality] .......................... ~n~ m~re particuli~4described in a deed dated ....a5"1. ....."... ..... .... ... ...... .~.~~.~~.~..~~............. , 19. ~~, recorded In e Book ................... atp'.' who hd .. .. ..... ........................ IC escnptlonlslncorporatcdbyrererence:. o If th~s blo~k is chCC:ked, the dC$Cription of the premises subje.~t to this Mortgage is de'.5cribcd in Ea,hibit "A", atlachcd hereto, and IS not Incorporated by reference to a recorded deed. <t co.. :r- ","" Q. l.IJ~:: I~' ...Jl.lJZ ~C)::) e:: _",-0 NO" ... 0..:0::0 t- 1.1.J :i ..... ",0--, .-t . UJ a::: 0: a.. 010 UJ 0"<0 ....... n: l~1 :E CI) , a: CD ~ '" a> . which has the address of .. 7.a .QLJeell. AYe. . . . . . . . . . . . . . . . . . .. ., . . . . . . . . . EnQla . . . . . . . . . . . . . . ($lr88IJ [CliVI Pennsylvania . . . . lZQ~5. . . . . . . . . . . . . . . (herein uPropeny Address"); {ZlpCOdej TOOETHER with all the improvements now or hereafter erected on the property, and all easements, rights. appurtenances and rents, all of which shall be deemed to be and remain a part ofthe property covered by this Mortgage; and all of the foregoing, loget.her with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property. and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that _Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. PENNSYLVANIA-SECONO MORTGAGE-1180-fNMAlfHlMC UNifORM INSTRUMENT Form 3839 Bo0Ki341 PAGE 686 '" _"I '~'",,,",,,,~,,",,,,'- -' ~ ~"~~.~= - -Ullt.Joi__I,II,I~llj,lldl,i,I<UlE<ilIiIdWliilil:ilIllilhd~lIiInl"liI'",," T ~. ~ c......."""""'....A'_oOd~_..~ " U":~~ ~___-,<ic,j""",;i;$.',O"' _h UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Prlnelpal IUld InterNt. Borrower ,shall prompf1y'pay when due the principal and interest indebtedness evidenced by the Note and late chargeS as provided' in the Note. 2. Funds ror Taxes aad Durance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender 4n the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a Sl.lm (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one~twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender On the basis of assessments and bills and reasonable estjmates thereof. Borrower shall not be obUgafed to make such paYments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust ifsuch holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender IDay agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and ynless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge. an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to th~ Funds Was made. The Funds are pledged as additional security for the sums secured by t,his Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments. insurance premiums and ground rents, shall exceed the amount required to pay said taxes, aSsessments. insurance premiums and ground rents as they fall due. such excess shall be, at Borrower's option. either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by LCnder shall not be sufticient to pay taxes. assessments. insurance premiums and ground rents as they faU due, Borrower ~hall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Up()n payment in full of all sums secured by this Mortgage. Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender ,shall apply, no later than immediately prior to the sale of the Property or its acquisitioll by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Appll~.(lon of Payments. Unless applicable law provides otherwise. all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under'Paragraph 2 hereof, then to interest payable on the Note. and then to the principal orthe Note. 4. PrIor Mortgages and Deeds of Trust; Charges; Liens. Harrower shall perform all of Borrower's obligations under any mortgage. deed of trust or other security agreement with a lien which has priority over this Mortgage, in- cluding Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which lOllY altain a priority over this Mortgage, and leasehold payments or ground rents. if any. S. lIulUd Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against los!> by fire, hazards included within the term "extended coverage". and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insuracce shall be chos~n by Borrower subject to approval by Lender; provided. that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in j~'\Vor of and in a form acceptable to Lender. Lender ;hall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage. deed of trust or other security agreement with a lien which has priority over this M0l1gage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if' not made promptly by Borrower. If the Property is abandoned by Borrower. or if Borrower fails to respond tn Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits. Lender is authorb.ed to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; leaseholds; Condominiums; Planned Unit Developments. Bor- rower shall keep the Property in good repair and sl1all not commit waste (If permit impairn1(~nt or deterioration of the Property and shall comply with the provisions of any lea~;e if this Mortg;tgc is on a leasehold. If thi~ Mortgage is or. a unit in a condominium or a planned unit development. Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations ofthe condominium or planned unit development, and constituent documents. 7. Protection of lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects' Lende:'s interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances. disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If lender required mortgage insurance as a condition of making the loan secured by this Mortgage. Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing: contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages. direct or consequential. in connection with any cohdemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned. and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agree- ment with a lien which has priority over this Mortgage. p,-:,,' i ') 11 1,- !'ll!'''- ro... elill~ ~~~ ~_",~,'<' ""--,I~,,b~~"a'-"" ',,"""__~~~"''''''''' .~~,~ I,.J " ,"..;.i'''!i",""",.~' - ~'"'"~",~"".....J""H';'$"ltI!~_-i.~," -., ,",=,"'"""'''''',,, 10. Borrower Not ReleWied; Forbearance B)' Lendtr Not a Waller. Extension of the time for payment or m~ification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower-'s successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mor.tgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy, II, Successon and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a> is co-signing this Mortgage only to mongage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the tenns of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address ~s Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shaH be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing LAw; SeverabiUty, The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the ,Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or cla.use of this Mortgage or the Noie conflicts with applicable law, surh conflict shall not :affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision; (lnd to this end the provisions of this Mortgage and the Nole are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the cxti:nt not prohibited by applicable law or limited herein, 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. RehabUltation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilita. tion. improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, mal' require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Bor.ro~r may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Properly or a Bendicial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or ir a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent. Lender may, at its option, require immediale payment in full of all sums secured by this Mortgage. However, this (lPtion shall not be exercised by Lender if exercise is prohibiled by federal law as of the date uf this Mortgage. If Lender exercises this option, Lender shall give Borrower notke of ;\cccleratio!l. The nOlice shall provide a period of not less than 30 days from lhe date the notke is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these slims prior 10 the ~xpiralion or this period, Lender may in. voke any remedies permillcd by this Mortgage withollt further notice or demand on Ilorrower. NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. AeceIeratlODl Remed1el. UpoD Borrower's breach of auy coveaaat or agreemeDt of Borrower In thII Mortgage, Includlag the eO'felUUltB to pay WileD due aDY sums IeCllftd b)' this Mortgage, Lender prior to acce1eratlon ,ball give DOtlce to Borrower u provided by applicable law ,peelfylng, among other things; (1) the breach; (2) the aetlOD reqlllnd to cure luch breach; (3). date, Dot leu tbaa 30 da}'l from the date the DOUce Is maUed to Borrower, by which such breach mUlt be cured; and (4) that fallure to core luch breach 00 or before the date IpceIDed In the ooUce may result In acceleratloo of the Suml lecw:ed b.Y this Mortgage, foreclosure by Judicial proceeding, aod sale of the Property. The nollce Ihall further Inform Bonower of the right to reinstate after acceleration aad the right to assert In the foreclosure proceedln. the oonemtence of . default or lIlay other defense of Borrowt!r to aec!eleratlod IIlDd foreclosure. If the breach 1I aot cured 00 or before the date IpeclOed In the nottce, Lender, at Leader'. OptIOD, may declare all of the .om. secured by tbls Mortgage to be immediately due aDd payable without further demand IlDd may foreclose t.... Mort... by Judicial proeeedJ.ng. Leader Ihall he entitled to coDed In 'ach proceeding all expenlell of foreclosure, IncludInR, but not Rmlled to, reuonable Illtomeyt' fea., IlDd cosll of documentary evldeoet, ab,tmcts and tide repo..... 18. Borrower'. Right to Relmtate. Notwithstanding Lender's acceleration of the slims secured by this Mortgage due to Borrower's breach, Borrower shall have the right to ha"e any proceeding:> begun by Lender to enforce this Mort- gage discontinued at any time prior to at least one hour before the commencement of bidding at a sheriffs sale or other sale pursuant to this Mortgage if: (a) Borrower pays Lender aU sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Bor. rower, this Mortgage and the obligations secured hereby shall remain in fuJ! force and effect as if no acceleration had occurred. 19. Alllpmeat of Realal AppolDtmeat of Receiver; Leader In P_lon. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment ('If the Property, have the right to collect and retain such rents as they become due and payable. Upon ac::ccleration under paragraph 17 hereof or abandonment of the Property, Lender. in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to coUect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied tint to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees. premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender 8ooK1341 PAGE 688 ...~= ~~ "'~ .1.-1 ""'''''''''''",~Wj ,~ ~- -,' - ~"~~- and the receiver shall be liable to account only for those rents actually received. 20. Releue. Upon payment of all sums secured by this Mortgaee, ~l.ender shall discharge this Mortgage without charge to Borrower. Borrower shall pay all costs ofrecordatiohi ifilny. 21. laterelt Rate After Judgmeat. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and lender requtst the holder or any ~ortgagt. deed ortrust or other encumbranl.'c with a Iicn which has priority over this Mortgage to give Notict to Lender, at Lender's address set forth on pagc one of this Mortgagc, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF. Borrower has executed this Mortgage. wilne"'\:l .. (~U06Gc.,,)r:J..,....... .'... ~- oc- ~..h;p..... .. ..~...... Timothy Mo S -BOllowel -Bol/ower I hereby certl~ that thweclse address or the Lender<Mortgageelis:. .. .............................. ,. ......... .~l.?,>:.;I:~.'. ,LE~l!~D,\\I~""'N\C~D.u..R9,.~~.t79~~..................... ..... ... ....... On behalrorl~e Lend"~~ w,,'>(:\.~,_"~ ~"'...... Tille'. .~~~~ .~,!,~,e,.. .......... COMMONWEALTH OF PENNSYLVANIA, .. Cumberland............... Countyss: Onthis,the. ............... .13th. .dayor... September................... .19.96.. ,beforeme, . . . . . . . . . . . . .Debra. A.. Donmoyer I . a. notary. public. . . . . . . the undersigned officer. personally appeared . . . . . . . . . . . . .T.imotby. Motes. . . . . . . . . . . . . . . . . . . . , . . . , , . . . . . . . . . . . . . . . . ... . .. . . . ." . . . . . . . . . known to me (or satisfactorily proven) to be the person whose n&-me . . . . . is. . . . . , . . . . . . . . subscribed to the within instrument and acknowledged that. . . . . . . .. he. . . . . . . . . . . . . . . . . . . . . . . . . . executed the same for the purposes herein contained. IN WITNESS WHEREOF. I hereunto set my hand and official seal. My Commission expires: ... .~,.. a jQ~l/lm/M(^.., Title of Officer tJ ."; ..11111111.... ....,.,~'iiI!{jO"..... ./ "'1....M...~J.(,..... ...r/:v-...."",., .~~.~... l QJ." ..,~..."'u.,;,c"-? "v", ~ "..,.a.. "<:,'.-. ili"" .~.",,~ =."" O['I{=:" \ ,\~ ", ~ ~.~";~ , ~ " ~" ;'\~' ..,II '. O...'f!8Y", " .' .... ':4". ...... fO"",: .-...,.~.ra_p\) \"'~',.\ '",.illllt"" DeIlntA.~~8eal Iiaat PefmsbOiO,....,.r, NpIJlJy PublIc .... ~ ..,_ 1Wp:. c.mbemindCcunlY ''',I' '~wmrnlQlUn Expires Jan. 3'. 2000 ~ ','nllms.~WalIis.Assocfalion 01 f.lotafl~S: (Space Below This Line Reserved For Lender ana Recorder) - ~ "" ~~ -- ..~, 1 , .,L"~"""'_'," I,~ ~l, Jjj r, ,1 " - Q I 0;..0 ~ ...co.... ~ ;,;, '-' 'I'l "Ik..lj&.>~r<,-='J.;;;;.l r-........ .....:::>. :.)1:..1". I.." "';':":'" I..;. I".>':;'..;. e5/a7/2e~. ll:'~ 717'6;Zee17 M/lCINTi'RE lAW F~ e4 . k ~ I, VERIFI~A.TION jo'f~ e.. ~,l/U IW\.. . V&;RWY THAT THE S'rATEMENT& MADe: IN THE FOREGOING OO<::UMENT AfU TRUe: ANO CORRECT TO THE &&8T OF My KNOWUEtlGI!:,INPORMATION AND BEl-iEF'. I UNO<:RSTANO THAT 'l'HE S'l'ATEMI!NTS THEREIN ME MACE6U8.lEOTTOTHE P..~r..TI~ Of' Ie P.... c. s. G 4&04 ~e:LATING TO UNSWO"J11I'AUlIFICATION TO AlJTHORrrI~, ~- '"",,"0. -.-.;"" ,;:b,. , ijiii: I" \, ~li>,' ',i~ ;,.~ '~~ ,-\' 'Ji ," :1./' - ",~,~Il!f-:;lifIlli1ij,Jli!ilIiiW""'H,"";,~d"',r,,"'J:"":~"):\,,)})i,,,~<>,,~,L". . ~ ~ ~ ~ ~ fU'o.J'l ~ \;1 U'"','" I , ,;. 'i -\ , ('> \! "1- ::"_1 ',"; : _, f ::, ~), 1'; 'h .:~ d \" I'" U. li'l at II i.Hire.- ," t.:iiH 3,'tf'{ ~; I ; ;" -.! ," ~;~j ; j;1 0 .,-': .1..:h.::LiI.J:1Oi , " B _.'__.,c_';". 1UW' ',-,", , ,,_~(,_-c'",Ii<ia\.__t<iof,ijtFl',~1:J,;,*,""'''''M~~~"'',''''''-''"'''_ ",-',l;o','h;>,,""'4'i1Iilo_ ,!U>_'-~Ml-"-liA""~ ~~jIJk!'''~ ---...: . ,. ,\UFIOJ~Jd3d .,~\ I tn \' \ ..;1:..... :11.-' .J_Jlj ;.'i.~J'::l;j.jHS ~",. ~- ~ ~,v~ 't~,'rr;", f71'~,1 ~,.... zs:GI-l'lf 0\ AV\otIO ................ """"" " -~ '~ '0 . SHERIFF'S RETURN - OUT OF COUNTY , CASE NO: 2001-02675 P COMMONWEALTH OF PENNSYLVANlA: COUNTY OF CUMBERLAND ORTlZ JOHN M PHD ET AL VS THOMAS ANGELA L ESQ ET AL R. Thomas Kline I I .1 J. _, ~~~"'"'''''__''''' -~ , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT KAMlNSKl CAROLYN D FORMERLY but was unable to locate Him deputized the sheriff of DAUPHlN , to wit: CAROLYN D WOLF in his bailiwick. He therefore County, Pennsylvania, to serve the within WRlT OF SUMMONS 11th , 2001 , this office was in receipt of the On June attached return from DAUPHlN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 29.25 .00 66.25 06/11/2001 ANGINO & ROVNER County Sworn and subscribed to before me this .l1A-f day of ~ ;leo( A.D. ~Q.~ prothonotary'~ j I '"~ ~...,,,",,,,,,,,,,",",,,,-. ,"0 ~ @ffitr llf tlte ~1reriff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 171 0 1 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania ORTlZ JOHN M MD ETAL vs County of Dauphin KAMINSKI CAROLYN D Sheriff's Return No. 1405-T - -2001 OTHER COUNTY NO. 01-2675 AND NOW: May 25, 2001 at 11:10AM served the within SUMMONS upon KAMINSKI CAROLYN D by personally handing FORMERLY KNOWN AS CAROLYN D WOLF to HER, CAROLYN D WOLF 1 true attested copy(ies) of the original SUMMONS and making known to him/her the contents thereof at C/O CENTRAL DAUPHIN SCH. DIST. ADMIN BLD 600 RUTHERFORD RD. HBG, PA 17109-0000 DEFENDANT STATES HER NAME IS CAROLYN D. WOLF. Sworn and subscribed to So Answers, Jf~ before me this 1ST day of JUNE, 2001 n =-_ L __ .. " '((\ . Jrf4JruVTV e.., +}OAJ~ I PROTHONOTARY Sheriff of Dauphin County, Pa. ~ 1Jd-" By Deputy Sheriff Sheriff's Costs: $29.25 PD 05/16/2001 RCPT NO 150069 WONG 1-1' t'_'. J I ~ c ....... L, i "'j""",~u."""_rJ' - In The Court of Common Pleas of Cumberland County, Pennsylvania John M. Otiz, et. al VS. . Carolyn Kaminski, Esq, f/k/a Carolyn D. Wolf N~ 01-2675 Civil Now, 5/14/01 , 20 0 (J , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff., .//A1! "., , rJA?~~~# Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 ,at o'clock M. served the within upon at by handing to a copy of the original and made lmown to the contents thereof So answers, Sberiff of County, P A Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ ;bW!fi:!aj'ilUJI~~I~~;!eI!'hf:'''~'":'''''',,,l~,''"'', ",,,,..l,b.!b" ,,,,,,.' ,,!,,,,,;,,".;1Hi_~Wi>M~"";,~~('''~;~'.,,,,,.."-It'''~~I;1!~~1.'''~'~_~~~'"";tl~_oi;lllll . , b<til.;. - ~ , ' ;:,: :::~ :5 I.! V " 9 /, ~ : j ~ r, .' .._, ,-: ~; ,> i ~~ . " r' :i-il.~';-;.L~'~li(<) ,1. 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