HomeMy WebLinkAbout03-2791IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION--MORTGAGE FORECLOSURE
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
VS.
Plainti~,
KEITH A. GRIFFIE and DEBRA A. GRIFFIE
Defendants.
COMPLAINT
NOTICE
NOTICIA
You have been sued in court. If you wish to
defend against the claims set forth in the following
pages, you must take action within twenty (20) days
afier this complaint and notice are served upon you, by
entering a written appearance personally (or by
attorney) and by filing in writing with the court your
defenses or objections to the claims set forth against
you. You are warned that if you fail to do so, the case
may proceed without you and a judgment may be
entered against you by the court, without further
notice, for any money claimed in the complaint or for
any other claim or relief requested by the plaintiff.
You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Le han demandado a usted en la corte. Si
usted quiere defenderse de estas demandas expuestas
en las paginas siguientes, usted tiene viente (20) dias
de plazo al partir de la fecha de la demanda y la
notification. Usted debe presentar una apariencia
eserita o en persona o por abogado y archivar en la
torte en forma escrita sus defensas o sus objectiones
a las demandas en contra de su persona. Sea avisado
que si usted no se defiende, la eorte tomara medidas y
puede entrar una orden contra usted sin previo aviso o
notificacion y por cualquier queja o alivio que es
pedido en la petition de demanda. Usted puede perder
dinero o sus propiedades o otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN
ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO
SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONO A LA
OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABA JO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Barr Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Cumberland County BarrAssociation
2 Liberty Avenue
Carlisle, PA17013
(717) 249-3166
COMPLAINT
AND NOW, comes Plaintiff, by and through its attorneys, Wentz Weaver Kling Good& Harris, LLP, and
complains in mortgage foreclosure against Defendant as follows:
Parties
1. The Plaintiff is the Federal National Mortgage Association, a corporate body established by an Act of
Congress of the United States of America pursuant to the provisions of 12 U.S.C. § 17 l 7, as amended, having offices
in Washington, D.C. at 3900 Wisconsin Avenue, NW, Washington, DC 20016, and servicing offices at 2 Galleria
Tower, 13455 Noel Road, Suite 600, Dallas, TX 75240.
2. The Defendants are Keith A. Griffie and Debra A. Griffie, who are and were husband and wife
at all times relevant hereto and are adult individuals last known to be residing in the Mortgaged Premises
at 60 Victory Church Road, Gardners, Pennsylvania 17324, and they are the mortgagors and real owners
of said Mortgaged Premises described herein, having acquired title by deed dated on or about July 22, 1997
and recorded on or about July 23, 1997 in the Cumberland County, Pennsylvania, Recorder's Office in
Record Book 101, Page 609 et seq., which deed is incorporated herein by reference.
3. Defendants are not persons in the military service of the United States of America within the meaning of,
nor engaged in any way that this action would be prohibited by, the Soldiers' and Sailors' Civil ReliefActof 1940,
Act of October 17, 1940, ch. 888, § 1 et seq. (50 U.S.C. Appx. §§ 501 et seq.), as amended.
Mortgage
4. On or about December 9, 1998, Keith A. Griffie and Debra A. Griffie made, executed, and delivered to
Blue Ball National Bank a Note and Mortgage, which Mortgage contains a description of the Mortgaged Premises
subject to said Mortgage and was recorded on or about December 14, 1998 in the Cumberland County, Pennsylvania,
Recorder's Office in Mortgage Book 1505, Page 835 et seq. Said Mortgage and Note are incorporated herein by
reference, along with the true and correct copies of same that are attached hereto as "Exhibit A".
Mortgage Assignments
5. On or about January 14, 1999, Blue Ball National Bank assigned said Mortgage and Note in writing to
Plaintiff, which Assignment is currently unrecorded but is being forwarded for recording concurrent with the filing
of this action. A true and correct copy of said Assignment is attached hereto as "Exhibit B".
6. Except as otherwise described hereinabove, there have been no further assignments of said Mortgage and
Note.
Default
7. Said Mortgage and Note are in default because Defendant did not make the required monthly payments
of principal, interest, taxes, insurance, and late charges to Plaintiffor its hereinabove-described predecessor in the
amount of $818.00 for each of the months of March 2003 through the date of filing of this Complaint.
8. By reason of said default, Plaintiffhereby exercises its option to declare the entire amount owing upon
said Mortgage and Note immediately due and payable in accordance with their terms and provisions.
9. By reason of said default, the following amounts are due in accordance with the terms of said Mortgage:
Unpaid principal balance ............................................... $102,172.88
Interest balance at 6.1250% per annum ($17.15 per diem) thru 6/9/03 ............... 2223.23
Late charges balance at $32.81 per month thru 5/03 ............................. 1049.67
Escrow deficit balance at $161.78 per month thru 5/03 ........................... 485.34
2
Attorney fee* ........................................................ 5196.50
TOTAL AMOUNT DUE ................. $111,127.62
*The attorney fee stated above represents the amount through the completion of this action and execution therein. If
Defendants desire to reinstate (assuming that Defendants have the right to reinstate) or pay the Note and Mortgage in full
at any time in accordance with applicable law and said documents, the actual attorney fee amount that must be paid at that
time may be less than the amount stated above, and the actual amount then due may be obtained by contacting Plaintiff's
undersigned attorneys at the address and phone number enumerated below.
Compliance with Homeowners' Emergency Assistance Act
10. Notice of rights under Pennsylvania's Homeowners' Emergency Assistance Act, Act of
December 23, 1983, P.L. 385, No. 91 (35 P.S. §§ 1680.401c etseq.), as amended, was sent in accordance
with said Act to each Defendant, who failed to exercise the rights under said Act. A true and correct copy
of each said Notice is attached hereto as "Exhibit C" and incorporated herein by reference.
Inapplicability of Homeowners' Emergency Assistance Act
11. This Action is not subject to the provisions of Pennsylvania's Loan Interest and Protection Law,
Act of January 30, 1974, P.L. 13, No. 6 (41 P.S. § § 101 et seq.), as amended, nor are notices required to be
sent to Defendants pursuant to said Act because, inter alia, said Mortgage is not a "residential mortgage"
within the meaning of said Act since the original principal amount of the mortgage was in excess of $ 50,000.
WHEREFORE, Plaintiff respectfully requests the Court to enter an in rem judgment in its favor and
against Defendant in the amount of $111,127.62, together with interest thereon until paid at the rate of
6.1250% per annum ($17.15 per diem) from 6/10/03, late charges at $32.81 per month from 6/03, and
escrow charges at $161.78 per month from 6/03; for all other interest, late charges, attorney fees, costs, and
charges collectable under said Mortgage and Note; and for any and all other relief as the Court deems
appropriate.
WENTZ WEAVER KLING
By:
Bra'dS~r-d~J.XHarris (I.D. No. 34393)
Attorney for Plaintiff
132 West Main Street
New Holland, PA 17557
(717) 354-4456
VERIFICATION
We verify that the statements made in the foregoing document are true and correct to the best of our
knowledge, information, or belief. I further verify that I am a Loan Counselor of Blue Ball National Bank,
which is the servicing agent for Plaintiff in the foregoing document; and that as such, we are authorized to
make this verification on behalf of Plaintiff, particularly since we have knowledge, information, or belief
ofthe statements and Plaintiff does not. We understand that false statements therein are made subject to the
penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities.
BLUE BALL NATIONAL BANK
D~Taald A. Hodgen - 4
Loan Counselor
~ '~{!~LLND COUNI'~-I'!
'~]8 DEC ltl PP'J ~ 08
LOAN NO. 5064358 ~
THIS MORTGAGE ("Securi~d lnsLmmcnt") is given on DI~CS~BER 9
Thc mortgagor is K~TTH A GRTFFIE AND DEBRA A GRTFFIE
,1998
which is organized and existing under the laws of T HE UNITRD STATES , ~ whos~
addmssis P.O. BOX 580,
BLUE BALL, PA 17506 ("Lender").
Borrower owes Lender th~ principal sum of
01TE HIIRDRED EIOHT THOUSAND AND 00/100 Dollars
(U.S. $ 108,000.00 ). This debt is evldunr, ed by Borrower's note dated the same date as this
Security Instrument ('Note'), which provides for monthly payments, with tim full debt, if not paid earlier, due and payable
on J~RY 1, 2029 . This Security lozmuacnt secures to Lender: (a) thc rcpayment of
the debt evidenced by the Note, with interest, and all rer~wals, extensions and modifications of the Note; 0o) the payment of all other
sums, with interest, advanced under paragraph 7 to protect the security of this S~cmity Instnsment; and (c) thc perfon~nre of
Borrower's covenants ami agreementg under this Security Instrument and the Note, For this purpose, Borrower doeg hereby
mortgage, grant and convey to Lender the following described property located in
CD'/~IgRLJ~'~ID County, Pennsylvania:
SEE ATTACRI~ LEC~AL DESCRIPTION
witich has the eddress of 60 VICTORY CHURCH ROAD GARDNERS
P~nnsylvania 1732 4 C Property Address");
PENNSYLVANIA - $in91~, Family - F.nniJ M~lFmddl* Mao UNIFORM INSTRUMENT ~,~.~ Form 3039 9190
TIilS SECURITY INSTRUMENT con,~';.es mfilbnn covertness tbr t~ational use a~d tion-".ifonu covenants with limit~ variatiom
by jufi~ictian to cmmtimte a unifl3ml ~ iy imtmment coveting real pro~rty.
UNIFORM COVENANTS. Bor~ower and Leander coverall aid agr~ as follows:
1. Payment of Principal and lnter~t; Prepaym~t and ~te C~rg~. Borrower sball prompdy ~y when due the principal
of a~d interest ou the debt evide~ed by the Note aM any p~ayment aM late cb~ges due u~er ~e Note.
2. Fun~ for Tax~ and Imurance. Subj~t to applicable law or to a wilton wMver by ~er, Bo~wer shall pay m LeMur
on the day roundly paymenm a~ due u~er Ihe Note, until die Note is paid in Mil, a sum ('Fu~') for: (a) yearly ~xes
assessments wbich may attain priority over fids Security lmt~ent as a lien on rite Pro~y; ~) y~rly le~hold ~yments or
ground ~ents on the Pm~rty, if any; (c) yearly h~ard or pro~rty insum~e premiums; (d) y~dy fl~ insurame premi~s, if
any; (e) yearly mortgage insurance premimns, if any; and (0 any sums payable by Borrower to Lender, in accordance wifls the
provisiot~ofparagraphS, inlicuofthepaymentofmongagei~mura~mepr~mi~ls. Theseitemsarecalled"Escrowlten~'. Lender
may, at any time, coll~t and hold Funds in an ~nount trot to exceed thc maximum mnount a lender lbr a federally ~lat~ mo~gage
loan may require for Borrower's e~mw account under the federal Real Estate Settlement Pr~ures Act of 1974 ~ mne~ded kuru
dine to time, 12 U.S.C. ~ 2601 et seq. ('RESPA"), unle~ smother law that applies to fl~e Futda sets a lesser ~ount. If so,
may, al auy lime, collect and hold Funds iu an ~nount not tu exceed fl~e lesser ~nount. ~nder may estimate the mnount of FmCs
due on the basis of currant data and reasotmble estimates of ex~ditures of ~ture Egrow ltet~ or o~erwise in accorda~me with
applicable law.
Tbe Finds shall be held in an iustitudun who~ de.}sits are imumd by a lbdeml agency, imtmmen~fity, or entity (hmluding
Leader, if ~nder is such an i~mtitution) or iu any Federal Hmne h~an Bank. ~nder shall apply the Funds to pay the E~row ltenm.
Lender may not charge Bo~ower fi)r bolding and applying tl~e Funds, annually a~*lyzing ~e escrow account, or veri~ing ~e Escrow
Items, unless ~udcr pays Borrower interest on the Funds and applicable law ~nnim ~nder m ma~ such a charge. However,
Leader may require Borrower to pay a onc4ime charge li}r an indepeMent real estate mx ~rting se~ice used by ~nder in
connection with this loan, unless applicable law provides othcrwi~. Utfleas an agreement is made or applicable law requires inte~st
to be paid, ~nder fl~all m)t be r~uired to pay Borrower any interest or earnings on fl~e Funds. Borrower aM Lender nmy agree
in writing, however, that interest shall ~ paid ou the Finds. ~der shall give to Borrower, wi~out ~arge, an amlual accounting
of d~e ~unds, showing credits and debits to the Fuuds and the pu~ose for which each debit to dte Funds was made. The Finds
pledged as additimml s~urity for afl sums s~ured by this Security Emtmment.
If the Funds held by ~nder exce~ the mnoun~ pemdtted to be beld by applicable law, ~nder s~ll account to Borrower tbr
fl~e excess Funds in accordmme with fl~e r~uirements of applicable law. If the ~munt of ~e ~s held by ~nder at ~y time is
not sufficient to pay the E~row fiems when due, Lender may so noti/~ Bomlwer in writing, ~d, in such ca~ Bo~ower sMll pay
to Leader the mnouut neces~ry to make up the deficiency. Borrower shall make up the deficie~my in au mom than twelve monddy
payments, at Leader's sole discretion.
Upon payment in ~11 of all sums secured by tiffs Security Instrument, Leander shall promptly re~d to Borrower any ~lds held
by Lender. If, under paragraph 21, Lender slmB acquire or ~11 tbe Property, ~nder. prior to ~e a~uiaifion or ~le of fl~e pro.ny,
shall apply any Fuuds held by Lender at die time of acquisition or sale as a credit agailmt the s~ls secured by this Security
3. Application of Payments. Unless applicable law provides otl~erMse, all payments receiv~ by ~nfler under pamgrapbs 1
and 2 shall be applied: flint, to any prepayment charges due under the Note; second, to mnoun~ payable under paragmpb 2; fldrd,
to iuterest due; fourth, m principal due; and last, to ally late charges due m~er the Note.
4. Charge; Lle~m. Borrower shall pay all taxes, assessments, charges, fines a~ffi imposifio~ attributable to the Pm~y Mdcb
may attain priority over fids Security lmtmment, and le~}lold payments or ground ~nts, if any. Borrower sMll ~y fl~ese
obfigatio~ in tl~e manner provided in pamgrapb 2, or if not paid in fl~at ma~r, Borrower ~all pay them on time directly to the
person owed payment. Borrower shall pmmpdy ~rnish to ~nder all notices of ~nounts to be p~d under this ~grapb. If
Borrower m~kes these payments directly, Borrower shall pmmpdy ~ruish 1o Lender r~eip~ evidenci~ the payments.
Borrower slmll promptly discbarge any fien whicb h~ priority over tbis S~urity hmtmmem utfless Borrower: (a) agrees in writing
to the ~ymcnt of the obligation ~cumd by the lien iua mam~er acceptable to ~nder; (b) co~tes~ in good faitb the Ileal by, or
Ibc lien; tlr ¢) ~cures froul Ibc bolder of the lien an agreement ~tisfactory to Lender subordi~mting the lien to dds S~udty
b~trmnent, lxnder may give Bom>wet a notice identi~ing the lien. Bo~ower shall ~tist~ the lieu or ~ o~g or mo~ of the actiot~
set tbrfl~ above within 10 days of the giving of notice.
insured against loss by fire, bmrds included witldu the term 'extended coverage~ and any off,er b~ards, ittcluding fl~ds or
requites. The i~urance carrier providing the i~um~me shall be cbo~n by Borrower subject to Lender's approval wldcb fl~all not
All i~murance policies a~ re.weis shall be acceptable to ~nder and flmll i~mtude a steward mortgage clau~. Le~er slmll
l~ve the rigbt to hold the policies and renewals. If Lender requires, Borrower shall promptly give to ~nder all r~eipts of ~id
836
may make .~roof of loss if not made prm .y by Borrower.
repair is not economically feasible or Lender's security would be lessened, the insural~ce proceeds shall be applied to the sums s~ured
not answer within 30 days a notice front Lender that thc insurance carrier bas offered to settle a claim, then Lender may collect thc
Ualess Lender and Borrower otherwise agree in wridng, any application of proceeds to principal sball uot exteud or postpone
6. Occupancy, Pr~ervation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds.
civil or crimi~ml, is begun that ill Lender's good i~aith judgment could result in fort~iture of the Property or otherwise materially
as provided ill paragraph 18, by causing the action or proceeding to b~ dismissed with a ruling that, ill Lender's good faith
gave materially thlse or iimccurate infimnation or statements lo Lender (or fitiled to provide Lender with aay material information)
of the Property as a principal residence. If this Security I~tstrument is on a lea~bold, Borrower 'shall comply with all the provisions
the merger in writiug.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the k)an secured by this Security
9, h~speetion, lxider or its agent may make reasmmble entries upon and iuspectimm of the Property. Lender shall give
10. Condemnation. Tbe proceeds of any award or claim for damages, direct or consequential, in connection with any
value of file Property immediately before tbe taking is equal to or greater than the amount of the sums secured by thi.s Security
as if no acceleration had occurred, ttowe ' this right to reiterate shall not apply in the ~ 'e of acceleration under paragraph 17.
19. gale of Note; Change of Loan Sea _er. The Note or a partial ioterest in the Not~ ~gethar with this Security lnstramcnt)
of tilt change in accordance widl paragraph 14 above and applicable law. The notice will state the name and address of the new Loan
Servicer a:gl the address to which payments should be made. The notice will also contain any other information required by
applicable law.
20, ~Enviromnenlal Law~ means t~deral laws aud laws of file jurisdiction where the Property is located that relate to health, sat~.ty
NON-UNIFORM COVENANTS. Borrower and Le~ler Mrther coveimnt and agree as follows:
21. Acceleration; Remedi~. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of
any covenant or agreement iu this Secnrily Inslrmnent (but not prior to acceleration under paragraph I? unl~ applicable
law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure
the defauB; (c) when the default must be cured; and (d) that failure to cure the default as specified may r~ult in acceleration
of the sums secured by this Security Instrume~fl, foreclosure hy judicial proceeding and sale of the Property. Lender shall
further inform Borrower of the right to reinstate after acceleration and the right to as.~a't in the foreclosure proceeding the
~mn-existence of a defauB or any other defet~se of Borrower to acceleration and foreclosure. If the default is not cured as
specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without
further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall ho entitled to collect all
expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' f~ and
costs of title evidence to tho extent permitted hy applicable law.
22. Release. Upon payment of alt sums secured by this Security Instrument, this Security Instrument and the estate conveyed
shall temfinate and become wtid. After such occurrence, Lender shall discharge and satist~ this Security lustrmnent without clmrge
lo Borrower. Borrower shall pay any recordalinn costs.
23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to
entbrce dtis Security lnstrumenl, and hereby waives thc benefit of any present ~)r future laws providing tbr stay of execution,
extension of time, exenlplion from attaclm~ent, levy and sale, a~gl homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the
coll~/ltencement nf bidding at a sheriff's sale or other sale pursuant to Ibis Security hislrumeut.
25. Purchase Money Mortgage. If any of the debt secured by flits Security Instrument is lent to Borrower to acquire title to
24. Riders lo lhis Se~urigy h~s~n,' mt. If ol~ or more rlde~s al~ ex~culed by ~ower alKI recorded tog=fl~r with this
[~ Adjustable Rata Rider
[~ Graduated Payment PAder
["~ Balloon Rider
[~ Other(s) Ispecify]
[---] Coadominium Rider
[--~ Planned U~fit Development Rider
['"~ Rate hnprovement Rider
] 14 Family Rider
[--~ Biweekly Paymem Rider
[]Second Home Rider
BY SIGNING BELOW, Borcower accepts and agrees to the terms aud cove~umts contained in this Security E~stmment and iu
any rider(s) executed by Borrower and recorded with it.
Social Security Number 175-40-3477
(Seal)
Social Security Number
(Seal)
kllown to m~ (or satisf~ctoffiy proven) to be the persou who~e ~mme ?HgY subscribed to the within itmtrumcnt and
IN WITNESS WHEREOF, I bereunto set my hand and official seal
My Commission expires: ~t'7.~ /,
My C om mission~'~:~pir e s Nov. 1,
PENNSYLVANIA- Single Family- Fannie Mae/Freddie M,o UNIFORM INSTRUMEI~T j/~_~,,..~//t/~L/~7'~ .j ~t_
3039
9190
LEGAL DESCRIPTION
road, South 84 degrees Cast, 14.0 rods to %he i~n pin an [he
man, by Deed dated July 22, 1997 and recorded July 23, 1997
in the Office of the Recorder of Deeds, in and for Cumberland
County, Pennsylvania in Record Book 161, Page 609, granted
and conveyed unto Keith A. Griffie and Debra A. Griffie,
LO~ NO. 5064358
DECEMBER 9 . 19 98
NOTE Thi '.. to certify that thi
,, is a true and correct copyA
L BALL , .- ..-~PA~, /! .~ --
60 VICTORY C~ugCH RO~ ..... ~,~.,~ a,,~,. ~-~ ~
G~D~RS, PA 17324 ~v.,?~'~ ::,~ ~="~ ~u,,~ _'~j :
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $
"principal"), plus interest, to the order of the Lender. The Lender is
BLUE BALL NATIONAL BANK,
108,000.00
(this mount is called
I understand that thc Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to
receive payments under this Note is called the "Note Holder".
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate
of 6.125 %.
The interest rate required by this Section 2 is thc rotc I will pay both before and after any default described in Section 6(B) of
this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month.
I will make my montlfly payments on the 1ST day of ench month beginning on FEBRUARY 1
1999 . I will make these payments every month until I have paid all of the principal and interest and any other charges described
below that [ may owe under this Note. My monthly payments will be applied to interest before principal. If, on
JANUARY i, 2029 , I still owe amounts under this Note, I will pay those amounts in full on that
date, which is called the "maturity date".
I will make my monthly payments at
BLUE BALL NATIONAL BANK PO BOX 580 BLUE BALL PA 17506
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in thc amount of U.S. $ 656,22
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any thne before they are due. A payment of principal only is known as a
"prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment, charge. The Note Holder will use all of
my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no
changes in the due date or in the amount of my monthly payment unless the Note Holder a_~grees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan
charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be
reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which
exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe
under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial
prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after
the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5. 000 % of my
overdue payment of principal and interest. [ will pay this late charge promptly but only once on each late payment. (B) Default
If I do not pay the full amount of each montldy payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain
date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest
that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me.
MULTISTATEFIXE. RATENOTE-SingleFamily-FNMAI,H,MCUNIFOR. INSTRUMENTpage 1 of 2 In[rials: ~A-~ ~/~,~,/ Form 320012,839/91
(E · *., . .'r By Note Holder
Ev,.n if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the
Note Holder will still have the right to do so if [ am in default at a later time. (E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses
include, for example, reasonable attomeys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering
it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice
of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note
Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep ail of the promises made in this
Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its fights under
this Note against each person individually or against all of us together. This means that any one of us may be required to pay ail
of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment' means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right
to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note
Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note,
protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That
Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts
I owe under this Note. Some of those conditions are described as follows:
Transfer of the 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 Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited
by t'ederal law as of the date of this Security Instmment.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums
secured by this Security Instrumem. If Borrower fails to pay these sums prior to the expiration of this period, Lender
may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDE,RS_~, D. //
K~.fT~ A GRIFFI~ / ~ -So,,o~.~ D-EB~ A aR~FF~E // -
Social Security Number 17 4 - 4 6 - 5 4 9 3 Social Security Number 17 5 - 4 0 - 3 4 7 7
(Seal)
(Seal) (Seal)
Social Security Number
Social Security Number
[Sign Original Only]
MORTGAGE ASSIGNMENT
THIS INDENTURE WITNESSETH, That Blue Ball National Bank, a national
banking corporation authorized to do business in the Commonwealth of
Pennsylvania having its principal office in East Earl Township,
County of Lancaster, and Co~aonwealth of Pennsylvania, party of the
first part, in consideration of the sum of TWO OR MORE DOLLARS, the
receipt whereof is hereby acknowledged, hereby sells, assigns and
transfers unto, FEDERAL NATIONAL MORT~AGE ASSOCIATIONt 3900 WISCONSIN
AVENUE f NW~ WASHINGTON DO 20016~ party of the second part, a certain
INDENTURE OF MORTGAGE dated the 9th day of December~ 1998, A.D.,
signed by Keith A. Griffie and Debra A. Griffie, in the amount of
$108~000.00 conveying to Blue Ball National Bank as mortgagee, the
following described premises, to wit: 60 Victory Church Road,
Gardnerst PA 17324~ Middletown Township~ Cumberland County and
further sells, assigns and transfers unto said party of the second
part and debt secured by said mortgage and all of said mortgagee's
right, title and interest in and to the premises herein above
described, said mortgage is recorded in the office of the Recorder of
Deeds for the County of cumberland, Commonwealth of Pennsylvania in
Book , Page , on the day of ,19 , as
Document No.
IN WITNESS WHEREOF, said party of the first part has caused this
instrument to be signed by its Mortgage Sales Manager and its Vice
President, with its seal hereto affixed, this 14th day of January,
A.D.
Prepared by and returned to:
Blue Ball National Bank
1060 Main Street, P.O. Box 580
Blue Ball, PA 175~6
CO~ONWEALTH OF PENNSYLV~NIA :
: SS
COUNTY OF I2%NCASTER :
es Manager
Vice President
I, the undersigned officer, a Notary Public in and for the County of
Lancaster in the Co~unonwealth of Pennsylvania, do hereby certify that
Craig E. Styer/Mor~gage Sales Manager and Carl E. Weaver/Vice
President of Blue Ball National Bank, who are personally known to me
to be the same persons whose names are subscribed to the foregoing
instrument as such Manager and Vice President appeared before me this
day in person and acknowledge that they signed, sealed and delivered
said instrument as their free and voluntary act and as the free and
voluntary act of said Blue Ball National Bank for the uses and
purposed therein set forth and caused its seal to be thereto
attached. Given under my hand and Notarial Seal this 14th day of
January, 1999, A.D.
co..i B O, sT .P
East ~rl Twp. Card.ar ~o~
BLUE BALL
National Bank
Date: December 3, 2002
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortqaqe on your home is in default, and the
· lender intends to foreclose. Specific information about the nature of the default
is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able
to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Iake
this Notice with you when you meet with the Counselin~ Aclencv.
The name, address and phone number of Consumer Credit Counselin~ Aclencies
serving your County are listed at the end of this Notice. If you have any
questions, you may call the Pennsylvania Housin.q Finance Agency toll free at 1-
800-342-2397. (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help
explain it. You may also want to contact an attorney in your..area. The local bar
association may be able to help you find a lawyer.
LA NOTiFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
Box 580, 1060 Main Str~t, Blue Ball, ['.~. 17506, 717 · 354 · 4541, ww;vbbnb corn
BLUE BALL
National Bank
HOMEOWNER'S NAME(S):
Keith A Griffie
Debra A Griffie
PROPERTY ADDRESS:
60 Victory Church Rd.
Gardners, PA x7324
LOAN ACCT. NO;! 5064358
ORIGINAL LENDER: Blue Ball National Bank
CURRENT LENDER/SERVICER: Blue Ball National Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE
FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY
CIRCUMSTANCES BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF
BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY
REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
PO. Box 580, 1060 Main Street, Blt~e Ball, PA 17506, 717 · 354 ° 4541, wwwbbnb.com
BLUE BALL
National Bank
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days from the date
of this Notice. During that time you must arrange and attend a "face-to-face"
meeting with one of the consumer credit counseling agencies listed at the end of
this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING
YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO
CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the
consumer credit counseling agency listed at the end of this notice, the lender
may NOT take action against you for thirty (30) days after the date of this meeting.
The names, addresses and telephone numbers of desi.qnated consumer credit
counselincl a(lencies for the county in which the property is located are set forth
at the end of this Notice. It is only necessary to schedule one face-to-face
meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for specific
information about the nature of your default.) If you have tried and are unable to
resolve this problem with the lender, you have the right to apply for financial
assistance from the Homeowner's Emergency Mortgage Assistance Program. To
do so, you must fill out, sign and file a completed Homeowner's Emergency
Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you
in submitting a complete application to the Pennsylvania Housing Finance
Agency. Your application MUST be filed or postmarked within thirty (30) days of
your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND
YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the eligibility criteria
established by the Act. The Pennsylvania Housing Finance Agency has sixty (60)
days to make a decision after it receives your application. During that time, no
foreclosure proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
P.O Bo× 580, liY&! Main Street, Blue Ball, PA 17506, 717 · 354 · 4541, w~vw. bbnb corn
BLUE BALL
National Bank
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage
Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your
property located at:
A. IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due: October, November and
December, 2002, each in the amount of $802.00
Other charges (explain/itemize) Late fees:$885.62
TOTAL AMOUNT PAST DUE: $3,291.62
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not
applicable):
HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30)
DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO
THE LENDER, WHICH IS $ 3,291.62 PLUS ANY MORTGAGEJ=AYMENTS AND
LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Payments must be made either by cash, cashier's check, certified check or
money order made payable and sent to:
Blue Ball National Bank
Attn: Collection Department
1060 Main Street
Blue Ball, PA 17506
IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice. the lender intends to exercise its rights to
accelerate the mortgage debt. This means that the entire outstanding balance of this
debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start
BO. Box 580, 1060 Main Street, Blue Ball, PA 17506, 717 · 354 · 4541, www. bbnb.com
BLUE BALL
National Bank
legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold
by the Sheriff to pay off the mortgaqe debt. If the lender refers your case to its
attorneys, but you cure the delinquency before the lender beqins le.qal proceedinqs
against you, you will still be required to pay the reasonable attorney's fees that were
actually incurred, up to $50.00. However, if legal proceedings are started against you,
you will have to pay all reasonable attorney's fees actually incurred by the lender even if
they exceed $50.00. Any attorney's fees will be added to the amount you owe the
lender, which may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period, you will not be required to pay attorney's fees.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not
cured the default within the THIRTY (30) DAY period and foreclosure proceedings have
begun, you still have the right to cure the default and prevent the sale at any time up to
one hour before the Sheriff's Sale. You may do so by paying the total amount then past
due, plus any late or other charges then due, reasonable attorney's fees and costs
connected with the foreclosure sale and any other costs connected with the Sheriff's
Sale as specified in writing by the lender and by performin.q any other requirements
under the mortgage. Curing your default in the manner set forth in this notice will
restore your mort.qaRe to the same position as if you had never defaulted.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortqage.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date
that such a Sheriff's Sale of the mortgaqed property could be held would be
approximately FOUR months from the date of this Notice. A notice of the actual
date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount
needed to cure the default will increase the longer you wait. You may find out at any
time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Mr. Donald A. Hodgen
Blue Ball National Bank
lo6o Main Street
Blue Ball, PA 175o6
(7~7) 354-3568
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live
in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and
Box 580, 1060 t~ain Street, Blue Ball, PA 17506, 717 · 354 · 4541, www. bbnb corn
other belongings could be started by the lender at any time.
BLUE BALL
National Bank
ASSUMPTION OF MORTGAGE -- You ~ may or X may not (CHECK ONE)
sell or transfer your home to a buyer or transferee who will assume the mortgage
debt, provided that all the outstanding payments, charges and attorney's fees and
costs are paid prior to or at the sale and that the other requirements of the
mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER,
YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN
THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE
MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DE. FENSE YOU
BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
ENCLOSED IS A LISTING OF CONSUMER CREDIT COUNSELING AGENCIES
SERVING YOUR COUNTY.
Very truly yours,
Donald A. Hodgen
Loan Counselor
EO. Box 580, 1060 Mare Steer, Blue Bail, PA 17506, 717 · 354 - 4541, www. bbnb.com
BLUE BALL
National Bank
HEMAP COUNSELING AGENCIES IN CUMBERLAND coUNTy
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Counseling Services of Franklin
31 West 3~a Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
2107 N. 6th Street
Harrisburg, PA 17110
(717) 234-5925
FAX (717) 234-9459
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Community Action Commission of the
Capital Region
1514 Deny Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
EO. Box 580, 1060 Main Street, Blue Ball, PA 17506, 717 · 354 · 4541, www. bbnb.com
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2003-02791 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FEDER3~L NATIONAL MORTGAGE ASSN
VS
GRIFFIE KEITH A ET AL
R. Thomas Kline
according to law,
the within named DEFENDANT
GRIFFIE KEITH A
unable to locate Him
COMPLAINT & NOTICE
, Sheriff , who being duly sworn
says, that he made a diligent search and inquiry for
to wit:
He therefore
in his bailiwick.
but was
returns the
the within named DEFENDANT
NOT SERVED , as to
, GRIFFIE KEITH A
60 VICTORY CHURCH ROA/D
GARDNERS, PA 17324
SERVICE STOPPED PER FAX FROM ATTORNEY.
Sheriff's Costs:
Docketing 18.00
Service .00
Affidavit .00
Surcharge 10.00
_. .00
28.00
~ R. Thomas Kline
Sheriff of Cumberland County
WENTZ WEAVER KING GOOD HARRIS
06/17/2003
Sworn and subscribed to before me
this 30 ~ day of
~ A.D.
Prothonotary
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2003-02791 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FEDERAL NATIONAL MORTGAGE ASSN
VS
GRIFFIE KEITH A ET AL
R. Thomas Kline , Sheriff ,
according to law, says, that he made a diligent
the within named DEFENDA/qT , to wit:
GRIFFIE DEBR3t A
unable to locate Her in his bailiwick.
COMPLAINT & NOTICE
who being duly sworn
search and inquiry for
but was
He therefore returns the
the within named DEFENDANT
NOT SERVED
, GRIFFIE DEBRA A
as to
60 VICTORY CHURCH ROAD
GARDNERS, PA 17324
SERVICE STOPPED PER FAX FROM ATTORNEY.
Sheriff's Costs:
Docketing 6
Service
Affidavit
Surcharge 10
16
O0
O0
O0
O0
O0
O0
R. Thomas Kline
Sheriff of Cumberland County
WENTZ WEAVER KLING GOOD HARRIS
06/17/2003
Sworn and subscribed to before me
this 3D ~ day o
~ A.D.
Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION--MORTGAGE FORECLOSURE
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Plaintiff,
VS.
KEITH A. GR/FFIE and DEBRA A. GRIFFIE
Defendants.
No. 03.~279__!
:
:
:
:
:
:
:
PRAECIPE DISCONTINUE
TO THE PROTHONOTARY:
Please discontinue the above-captioned action.
DATED: August 25, 2003
WENTZ, WEAVER, KLING,
James K. Weaver, Esq. for
Bradford J. Harris (I.D. No. 34393)
Attorneys for Ph~intiff
132 West Main o
o~eet
New Holland, PA 17557
(717) 354-4456
DISCONTINUANCE CERTIFICATE
AND NOW, this .~4~y of~ 20021, the above-captioned action
marked as above directed.'has been
Prothonotary --