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HomeMy WebLinkAbout99-04845¦ t / LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN, ESQUIRE ATTORNEY I.D. #55669 44 Second Street Pike, Suite 203 Southampton, PA 18966 (215) 942-9690 7575 HUNTINGTON DRIVE COLUMBUS, OH 43235 Plaintiff VS. MICHAEL J. CASSIDY CATHERINE E. CASSIDY 38 CENTER DRIVE CAMP HILL, PA 17011 Defendant(s) Attorney for Plaintiff TRIAL DIVISION CUMBERLAND COUNTY No. 9 9 - lws 60, L NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 ++ww+++++rt+rt+rt++w++wrt+w++++++rt+++rtrtwrtw++rt++w+++++++++w+++++++++++rt+w+rt++ NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ++.w+w+w+rt++rt++w++w+wrt+++w++++w++rtwrtw+rt+rtw++++++++w++ww++++rtw+++rtrtrt++++++ 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID4 55669 44 SECOND STREET PIKE SUITE 203 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff U(J. 7575 HUNTINGDON DRIVE COLUMBUS, OH 43235 Plaintiff(s) VS. MICHAEL J. CASSIDY CATHERINE E. CASSIDY 38 CENTER DRIVE CAMP HILL, PA. 17011 Defendant(s) :COURT OF COMMON PLEAS :CUMBERLAND COUNTY No. COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. Huntington Mortgage Company, (hereinafter referred to as "Plaintiff") is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania and brings this action to foreclosure the mortgage between Michael J. Cassidy and Catherine E. Cassidy, Mortgagor(s) (hereinafter referred to as "Defendant") and itself as Mortgagee. Said Mortgage was dated July 6, 1995 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book 1281, Page 749. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. 2. The Mortgage is secured by Defendant(s) Note dated July 6, 1995 in the amount of $93,750.00 payable to Plaintiff in monthly installments with an interest rate of 7.500%. 3. The land subject to the mortgage is: 38 Center Drive, Camp Hill, PA. 17011. 4. The defendant(s), Michael J. Cassidy and Catherine E. Cassidy are the real owner(s) of the land subject to the mortgage and the Defendants' address is : 38 Center Drive, Camp Hill, PA. 17011. 5. The Mortgage is now in default due to the failure of the Defendant(s) to make payments as they become due and owing. The following amounts are due: Principal Balance: $90,555.37 Interest to 7/27/99 $ 3,312.27 Accum. Late charges $ 590.04 Attomey Fee/costs $ 3,700.00 TOTAL: $98,157.68 plus interest from 7/28/99 at $18.77 per day, costs of suit and attomey fees. 6. In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No. 6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose is not required as this loan is in excess of $60,000.00 A Notice of Homeowners' Emergency Mortgage Assistance was sent to defendants May 5, 1999. The Defendant(s) have not cured the default. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiffs favor and against the Defendant(s), in the sum of $98,157.68 together with the interest from 7/28/99 at $18.77 per day, costs of suit and attorney fees. Law offices of Gregory Javardian BY: V7?' JAVARDIAN # 6 498979-4 NOTE September 8 95 CARLISLE ' PA IDM.1 Ichyl Isuul 38 CENTER DRIVE CAMP HILL, PA 17011 IP.Nny Add...) I. BORROWER'S PROMISE TO PAY In mum for A lore that I have received, I promise to pay U.S. S 93,750.00 ' (this amount is called principal'), Plus mumol, to the orderof thel ender. The lender is THE HUNTINGTON NORTCABE COMPANY,-AN OHIO CORPORATION' ' . I understand that the Leader may transfer this Now. The Leader or anyone who tales this Nate by mansfa and who is endged m receive payments under title Note Is called the -Note Holder.` 2. INTEREST Interest will be charged on unpaid principal mdl the full amount of principal has been paid. I will pay dnmrest at a yearly rote of 7.5000 S. The interest rate required by this Section 2 is the new 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. 1 wed make my monthly payments on dm 1 at day of each month beginning on November 1 95 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments wig be applied to interest before principAL If, on October 1, 2025 . I still owe amounts under this Note. I will pay those amounts in fug on Utah dam, which is called de'MUUrity Dam.- I will make my monthly payments at 7575 HUNTINGTON PARK DRIVE, COLUMBUS, OHIO 43235 or at a different place if requited by the Nom Holder. (B) Amount of monthly Payments My monthly payment will be in the mount of U.S. S 555.52 4. BORROWER'S RIGHT TO PREPAY 1 have the right to nuke payments of principal at my time her= they are due. A payment of principal only is known as a "prepayment". When I make a prepayment. I will LOU the Note Holder in writing that I ten doing so. 1 my make a fug prepayment a partial prepayments without paying my prepayment charge. The Now Holder will use all of my prepayments to reduce the amount of principal that I owe under this Now If I make a partial prepayment, dhue will be no changes in the due date or in the ammmt of my monthly payment unless the Note Holder agrees in writing to those changes. S. LOAN CHARGES U a law, which applies to this ban and which sets maximum loan charges, is foully interpreted so that the interest or other ban charges collected a to be collected in connection with this loan exceed the permitted limits, then: (i) my such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limier and (g) my sums already engated from me which exceeded permitted limits will be refunded to me. The Note tickle may choose to make this refund by reducing the principal I owe under this Nom or by making a direct payment to me. U a refund reduces principal, the reduction will be treated as a partial prepaymaa 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Nom Holder has not received the fug amount of my monthly payment by the end of 15 calendar days after the dam it is due, l will pay a late charge to the Nom Holder. The amount of the charge will be 5 % Of my Overdue payment of principal and interest I will pay this late charge promptly but only once on each lam payment (B) Default - If I do not pay the full amount of each monthly payment on the due it is due, I will be in default. (C) Notice of Default If I Am in default, the Nee Holder may send me a written notice telling me that U I do net pay the Overdue amount by a certain dam, the Nom Holder may require me to pay immediately the full amount of principal which has not been paid and all de imatest that I owe an that nmounL That dam must be at least 30 days afar the dam on which the notice is delivered or mailed b me. (D) No Waiver By Note Holder Even if, m a time when I am in default. the Now Hotta does not require me m pay immediamly in full as described above, the Nom Holder will still have the right to do so if I 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 Nom Holder will have the right to be paid back by me for all of its costs and'eapenses in caforcing this Noe to the extent not prohibited by applicable law. Those Expenses mcludc, for example, reasonable auomeys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, my notice that most be given to me under this Nom will be given by delivering it m by mailing it by first class mail to me a the Property Address above or at a diffacnt address if I give the Note Holder a notice of my different address. Any notice that mint be given to the Now Holder under this Now will be given by mailing it by fust class mail to the Noe Holder at the address sated in Section 3(A) above or at a different address if 1 am given a notice of tat different address 498979-4 YOInaTLTE FIR ED Rare Mete - 31,11. r.rvl- rMMA1FMlaC UNIFORM IN1TRUMENt F.I. 3M 12183 a P.E.1 ere AM.n4.db t -SA w, VMV MORTGAGE FORMS .(M)521.7221 muac_ • ^, B.OBLIGATTONS OF PERSONS UNDER THIS NOTE ! roosra-r If mote than one person signs this Now, each pawl is fully and personally obligated to keep all of the promise made in this Now, including the promise to pay the futl amount owod. Any pawn who it a guarantor, minty or endorser of this Note Is also obligated to do them things. Any person who tritest ova these obligations, including the obligations of u guamnmr, surety, a endorse of this Note, is also obligated to kaq, all of the promises male in this Note. Tic Note Holder may enforce its rights under this Note against each person individually or against all of us together. This mans that any one of us may be required to pay all of the amounts owed under this Now. 9. WAIVERS I and any other pawn who has obligations mile, this Note waive the nghts of presentment and notice of dishonor. 'Presentmmr means the right to require the Note Holder as demand payment of amounts due. "Nods of dishonor" means the right to require the Now Holder w give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE. This Now is a uniform instrument with limited variniont in same Jurisdictions. In adtlition to the protections given to the Nom Holder under this Note, a Mortgage. Deed of Trust a Security Decd (the "Security Instrument'), dated the some date in this Now. protects the New Holder from possible hues which might chile if file not keep the promises which I make in this Now Tint Serenity Instrument describes how aid mda what conditions I may be required to make (mmcdiam paymem in full of all amounts I owe under this Nom. Some of thorn conditions we described at follows: Trartsfer of the Property or a Beneficial Interest In Bosrot.er. If all or any part of the Property or any intaest in it is sold or transfemd (or if a beneficial interest in Borrower its sold a transferred and Borrower is not a natural person) without Lender's prior written consent, Lends may, at its option, require imemcdiam payment at full of all sums secured by ibis Security Inamorata. However, this option shall not be exec ised by Lender if exercise is prohibited by federal law as of the data of this Security Instrument. If Lends exercises this option, Leticia shall give Borrowa notlce of acceleration. The notice shall provide a period of not lea than 70 dap tram the dam the room is delivered or mailed within which Borrower must pay all sums secured by this Security InsmmmL If Boncwa fails to pay them sums prior to the expiration of this period, Lender may invoke any remedies perrnined by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. . l l", .U'9e (Seal) MICHAEL J CAS I Y -Bonown ssN: lc1-3Ey. 4 (Sw l df-HERINE E CAS;W"' C7 SSN: /4'fG3B -142}-- Danonn SSN: SSN: (Sign Original Only) 498979-4 THIS DOCUM=NT MUST BE SIGNED EXACTLY AS TYPED. 4M.-aA n.tar r... z.n ro,. azro ta,a ''?.. c7)... Parcel Number: '95 SP ? Pfd 4 09 (Space Above This Line For Recording Ditol MORTGAGE THIS MORTGAGE ("Security Instrument") is given on September 6, 1995 MICHAEL J CASSIDY, CATHERINE E CASSIDY, HUSBAND AND WIFE (''Borrower"). This Security Instrument is given to THE HUNTINGTON MORTGAGE COMPANY.-AN OHIO CORPORATION" 498979-4 The mortgagor is which is organized and existing under the laws of THE STATE OF OHIO and whose address is 7575 HUNTINGTON PARK DRIVE, COLUMBUS, OHIO 43235 Ninety-Three Thousand Seven Hundred Fifty ("Lender"). Borrower owes Lender the principal sum of Dollars (U.S. S 93,750.00 ). This debt is evidenced by Borrower's note dated the same date as INS Security Instrument ("Note"), which provides for monthly payments, with the full debt. if not paid earlier, due and payable on October 1 , 2025 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: The legal description of which is attached hereto, made a part hereof and marked Exhibit "A" which has the address of 38 CENTER DRIVE Pennsylvania 17011 PENNSYLVANIA - Single Family - FNMA/FHLMC UNIFORM INSTRUMENT Form 3039 9/90 •6R(PA)(wlo) Amended 5191 f9%p7jy. AtGPTGAG& rOnM? • feCOt521 a0y1 /?, CAMP HILL Izip cede) ('Property Address"); Ujd,28i 745 (street. City). TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument 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 warrants; and will defend generally die title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nun-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Traces and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under die Note, until the Note is paid in full, a sum ("Funds') for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, it any; (e) yearly mortgage insurance premiums, if any; and (1) any sums payable by Borrower to Lender, in accordance with die provisions of paragraph 8, in lieu of the payment of morgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA" ), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds clue on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a ch;vgc. However, Lender may require Borrower to pay a one-time charge for an independent real estate lax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be rehired to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lander may so notify Borrowea in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time, of acquisition or sale as a credit against the sums secured by this Security instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2: third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines and imposition ; attributable to the Property which may attain priority over this Security Instrument, and leasehold paymenL< or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed paymenL Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly famish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over th:s Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating die lien to this Security Instrument. If Lender determines that any part of the Property is subject to a hen which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more. of the actions set forth above within 10 days of the giving of notice. Form 3039 9190 •eR(PA)t9no hniLeb 1 Paqu late 4§8979-4 boot(128i FACE 150 498979-4 e 45. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Pr opeit?t insured against loss by fire, harards included within die term "extended coverage" and any other hazards, including floods dr, - flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Un requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above. Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. 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. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of der, Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may colloct the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs l and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to tie acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a tcnsehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee tide to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of die yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Under will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Lass reserve Form 3079 9190 40 •6R(PA);9410t Page 3oie innair. '711-< 418979-4 b66(1?51 FACE lcJl CG payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again become; available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effort, or to provide a loss rescrvc, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower anti Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other Liking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall he paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which die fair market value of the Properly immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the Liking, unless Borrower and Lender otherwise agree in writing. the sums secured by this Security instrument shall be reduced by the amount of rite proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall he applied n, die sums secured by this Security Instrument whether or not the sums are then due. If the Pmpcrty is abandoned by Borrower, or if. after notice by Lender to Borrower than the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to eclloet and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any applicauon of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security- Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay- the bums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, lurbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (h) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices, Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by rust class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower cr Lender when given as provided in this paragraph. 15. Governing Law; Severability, This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end rho provisions of this Security Instrument and the Note are declared to be severable. BOOK 1 X81 r1a 752 Form 7079 9190 -e R(PA)fs4rnm -.go A o16 inma• ./'u..... 418979-4 498979-4 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest i sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) withou 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 federal law as of the date of this Security Instrument. 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 InsbumcnL 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. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, roasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay die sums secured by this Security Instrument shall continue unchanged. Upon rcinstarement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as die "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or peril the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower leams, or is notified by any governmental or regulatory authority, that any removal at other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20. "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or !oxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Leader shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. Form 3039 9/90 l?-eR(PA):94ioi - P.q. some BOOK 1281 PACE 4W8979-4 GG 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior nt the commencement of bidding at a sheriff's sale ar other sale pursuant to this Security instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest raze payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument. the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a pan of this Security Instrument. (Check applicable box(es)) ? Adjustable Rate Rider ? Condominium Rider ? 14 Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ? Balloon Rider ? Rate Improvement Rider ? Second Home Rider ? VA Rider ? Other(s) [spccifyl Lega:L Exhibit "A" BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. - Witnesses: -4z/( t. MICHAEL J CASS DT) ?•.1 nnrcower L .(Seal) CATHERINE E CAS IOY -Borrower -(sear) - __(Seal) Burrower Borrower Certificate of Residence I, MARIE ZANGNEISTER , do hereby certify that the correct address of the within-named Mortgagee is 7575 HUNTINGTON PART( DRIVE, COLUMBUS, OHIO 43235 Witness my hand this 6th dayof September 1995 Agont of Mungagcc COMMONWEALTH OF PENNSYLVANIA, Cu:nberiand County ss: On this, the 6th day of September 1995 before me, the undersigned officer, personally appeared MICHAEL J CASSIDY, CATHERINE E CASSIDY, HUSBAND AND WIFE known tome(orsatisfa cry vpr vi .t persons whose name s aresubscribed to the within instrument eknowledged that f i executed the same for.die purposes herein contained. i? .0 ! IN WITNESS WHEREOF, T hereunto set my hand and ofFc a1 seal. q` /?/J. !! My Commission Expires: THIS INSTRUMENT WAS PREPARED BY: THE HUNTINGTON MORTGAGE COMPANY -SR(PA)(94to( nage9 o!6 418979-4 b001(I.r 81 PACE ,,,054 l? Form 3039 9190 4r EXHIBIT "A" ALL THAT CERTAIN lot or tract of land situate in the Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the western side of a 50 foot wide road known as Center Drive which point, measured along the western side of Center Drive, is 60 feet north of the northwest corner of Center Drive and Citadel Drive and which point also is at the northeast corner of Lot No. 65 on the Plan of Lots hereinafter referred to; thence westwardly at right angles to Center Drive and along the northern line of Lot No. 65 aforesaid 125 feet to a point at the eastern side of Lot No. 63 on the Plan of Lots hereinafter referred to; thence northwardly on a line parallel with the western side of Center Drive and along the eastern line of Lot No. 63 aforesaid 70 feet to a point at the southern line of Lot No. 67 on the Plan of Lots hereinafter referred to; thence eastwardly at right angles to Center Drive and along the southern line of Lot No. 67 aforesaid 125 feet to a point at the western side of Center Drive; thence southwardly along the western side of Center Drive 70 feet to a point, being the place of BEGINNING. BEING Lot No. 66 on the Plan known as "Part of Plan No. 2, Cedar Cliff Manor", which Plan is of record in the Cumberland County Recorder's Office in Plan Book 7 at Page 13. BEING the same premises which George S. Milus and Jean M. Milus, husband and wife, by deed dated July 11, 1986 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 32-A, Page 301, granted and conveyed to Michael J. Cassidy and Catherine E. Cassidy, husband and wife, Borrowers herein. State of Pannsylvenis SS i'ounty of Cumberland ,,corded in the office for "M reeordinll Of Dosch a• i and f ?4 1berland Coin, n? 50: '?1 Pape I wimp my hand aiof 9,5 Crliab,PAthis daY 1f__ r 1 BODR 1281 PAGE 755 The, Hunfin I MorAgaga Company 755 Huntington pork Drive Columbus, Ohio 43235 CERTIFIED MAIL RETURN RECEIPT REQUESTED ARTICLE NUMBER: REGULAR MAIL May 05, 1999 Michael J Cassidy Catherine E Cassidy 38 Center Drive Camp Hill PA 17011 RE: Michael J Cassidy Catherine E Cassidy HMC Loan 498979-4 Property Address: 38 Center Drive Camp Hill PA 17011 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Borrowers: N? ii Huntington Mortgage Company The mortgage held or serviced by The Huntington Mortgage Company, (hereinafter we, us or ours) on your property located at 38 Center Drive Ca Hill PA 1 is in serious default because 7011 since March 01, 1999. The totaluamhave t ountnre made the monthly payments mortgage current is calculated below: quired to bring your Amount Of monthly payment: $ 848.74 Number of payments due Total of 3 payments due $ 2546.22 Accrued late charges Other 491.70 10.00 51.30 Total: $ 3089.22 You may cure this default within thirty (30) days of the date of letter, by paying to us the above amount of $ 3089.22 plus any this additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cashiers check, certified check or money order, and made payable to: The Huntington Mortgage Company 7575 Huntington Park Drive HM 3124 Columbus, Ohio 43235 The Hunfington Mortgage Company 7575 Huntington Park Drive Columbus, Ohio 43235 Page 2 i1?e Huntington Mortgage Company If you do not cure the default within thirty (30) days, we intend to exercise our right to accelerate the mortgage. This means that whatever is owing on the original amount borrowed will be considered due immed- iately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within thirty (30) days, we intend to instruct our attorney to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff or other similar officials to pay off the mortgage debt. If you cure the defualt before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principle balance and all other sums due under the mortgage. If you have not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cue the default and prevent the sale at any time up to one hour before the' sheriff's or other similar official foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a sheriff's or other similar official's sale could be held would be approximately 6 months from May 05, 1999. A notice of the date of the sheriff's or similar official 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 will be by calling us at the following number 800- 323-9865. This payment must be cash, cashier's check, certified check or money order and made payable to The Huntington Mortgage Company at the address stated above. You should realize that a sheriff's or other similar official sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the sheriff's or other similar official sale, a lawsuit could be started to evict you. 498979-4 XC028 The untinglongton 7575 5 H Hu MorPark tgagerive DCompony Huntington n Columbus, Ohio 43235 Mortgage Company Page 3 You shall have the right to assert in the foreclosure proceedings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. You have the right to sell the property to obtain money to payoff the mortgage debt, or to borrow money from another lending institution to payoff this debt. You may have the right to sell or transfer the property subject to the mortgage 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 under the mortgage are satisfied. Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. however, you are not entitled to this right to cure default more than three times in any calendar year. Sincerely, Dana L. Schroeder -Cobaugh Credit Adjustor 614-480-6022 498979-4 XC029 The Huntington Mortgage Company 7575 Huntington Park Drive Columbus, Ohio 43235 APPENDIX A IMPORTANT: NOTICE OF HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS Date: May 05, 1999 RE: Account No: 498979-4 TO: Michael J Cassidy and Catherine E Cassidy, 38 Center Drive, Camp Hill PA 17011 FROM: The Huntinctcn Mortgage Company e? ( Huntington Mortgage Company Your mortgage is in serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $ 3,089.22. That sum includes the following; 3 monthly installments of $ 848.74, $ 491.70 in accumulated late charges. You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. 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 a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or a consumer credit counseling acency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. XC042/DLS The Huntington Mortgage Company 7575 Huntin ton Park Drive Huntington g Columbus, Onio 43235 Mortgage Company page 2 Loan 498979-4 The name, address and telephone number of our representative is: Dana L. Schroeder-Cobaugh Collections The Huntington Mortgage Company 7575 Huntington Park Drive Columbus, Ohio 43235 1-800-323-9865 The name and addresses of designated consumer credit counseling agencies are attached. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners Emergency Assistance Application with one of the designated consumer credit counseling agencies listed. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. "Your acolication must be filed or postmarked, within thirty (30) days of your face-to-face meeting." "It is extremely important that you file your application promptly. If you do not 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 you will forfeit your eligibility for assistance." Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. "It is extremely important that your application is accurate and complete in every respect." The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional 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 that Agency of its decision on your application. The Pennsyl,?,.:ic Housing Finance Agency is located at 2101 N. Front St, P.O. Box 8029, Harrisburg, PA 17105. Telerhone number: (717) 780-3800 or (800) 342-2397 (toll free!. XC043/DLS The Huntington Mortgage Company 7575 Huntington Park Drive Columbus, Ohio 43235 pace 3 Loan 498979-4 Huntington Mortgage Company You have already received another notice from this lender under Act 6 or 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. Sincerely; Dana L. Schroeder- Ccbauah Mortgage Collection Department 614-480-6602 1-800-323-9865 XC044/DLS VERIFICATION The undersigned hereby states that the statements made in the foregoing Pleadings are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Michael D. Greenwood Vice President z 0 ?' _ bo 1- 74- SHERIFF'S RETURN - REGULAR CASE NO: 1999-04845 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUNTINGTON MORTGAGE CO VS. CASSIDY MICHAEL J ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CASSIDY CATHERINE E the defendant, at 17:46 HOURS, on the 18th day of August 1999 at 38 CENTER DRIVE CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to MICHAEL J. CASSIDY a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service 6.00 So answers: ? Affidavit .00 ?''? ? Surcharge 8.00 ? nomas ine, 5 eri $.L4.uu VARDIAN REGORY 9g9 by ?_!2 ep e r i Sworn and subscribed to before me this 14 L` day of 19?f A.D. (' XnLt0 ro ono ar CASE NO: 1999-04845 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUNTINGTON MORTGAGE CO VS. CASSIDY MICHAEL J ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CASSIDY MICHAEL J the defendant, at 17:46 HOURS, on the 18th day of August 1999 at 38 CENTER DRIVE CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to MICHAEL J. CASSIDY a true and attested copy of the COMPLAINT - MORT FORE together with NOITCE , and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answer's:v:? Docketing 18.00 Service 9.92 Affidavit .00 Surcharge 8.00 X. inomasA i5 eLi $35. zJ2 GREGORY J VARDIAN 08/19/1999 2 by T e u Sworn and subscribed to before me this /96? day of 19-L? 01 A. D. 1 rotnonocary LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN Identification No. 55669 44 Second Street Pike Suite 203 Southampton, PA 18966 (215) 942-9690 HUNTINGTON MORTGAGE COMPANY Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY TRIAL DIVISION VS. MICHAEL J. CASSIDY NO. 99-4845 CIVIL CATHERINE E. CASSIDY PRAECIPE TO DISMISS COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly DISMISS the Complaint entered against defendants without Prejudice in the above captioned case. Dated: V/ Z/` N ? Cr1 (' ??)'1 C? CYN U HANK P. DONOVAN, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELE L. DONOVAN DEFENDANT 99-4748 CIVIL ACTION LAW IN CUSTODY AND NOW, Monday, August 06, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 30, 2001 at 10:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /s/ Hubert X. Gilroy q4,? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Cvin??\?ivJ g6-el 5?7/ D/ ?.6 •C'/ ?? e ? M A yt 4 I ? r a:• J y ?J / M L . .T 4 ?I 4 l LJ? Q) 4l '4 a 0 r ,- tl1. war fiYr s „a n? £ea r J. 1 )h P4 6f ?? 14, `Y tY " T S yCf? k''1 1 Fjg7;p y fix'"'r ?a ? his •??? AUG 0, 2 2001 HANK P. DONOVAN, SR., : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 994748 CIVIL TERM MICHELE L. DONOVAN, Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of 2001, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before HUBERT X. GILROY, ESQUIRE, the conciliator, at 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE, CARLISLE, on the 30TH day of AUGUST, 2001 at 10:30 a.m.. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABH.ITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduling conference or hearing. HANK F. DONOVAN, SR., : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 994748 CIVIL TERM MICHELE L. DONOVAN, Respondent IN CUSTODY PETITION FOR CUSTODY AND NOW, this 31st day of July 2001, comes the Petitioner, Hank P. Donovan, Sr., by his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. 1. The Petitioner is Hank P. Donovan, Sr., an adult individual residing at 11 Grove Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Michele L. Donovan, an adult individual residing 233 Southside Drive, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of two minor children, namely, Hank P. Donovan, Jr., bom May 25, 1994, and Taylor Leigh Donovan, born October 3, 1999. 4. The Petitioner filed a Petition for Custody on June 28, 2001, requesting custody of the minor child, Hank P. Donovan, Jr. A copy of said Petition and Order scheduling a Pre-Hearing Custody Conference for Thursday, August 30, 2001, at 10:30 a.m. is attached and marked as Exhibit "A", 5. On July 17, 2001, the Petitioner received the Genetic Test Report which indicates that Petitioner, Hank P. Donovan, Sr., cannot be excluded as the biological father of Taylor Leigh Donovan, bom October 3, 1999. A copy of the Genetic Test Report is attached and is marked as Exhibit "B". 6. The Petitioner desires partial physical custody of Taylor Leigh Donovan and joint legal custody said minor child. 7. The best interest of Taylor Leigh Donovan requires that the court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court seeking partial physical custody of Taylor Leigh Donovan and joint legal custody with periods of visitation as can be mutually arranged between the parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Marcus ell. P4cKnight; III, E& Attorney } Petitioner, Hank P. D!nQyLan, Sr. 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 Date: July 31, 2001 EXHIBIT A HANK P. DONOVAN, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELE L. DONOVAN DEFENDANT 99-4748 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday. July 25, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland Count Courthouse Carlisle on Thursday, August 30, 2001 at 10:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. is/ Hubert X. Gilroy. Esgf/ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pennsvlvania 17013 Telephone (717) 249-3166 PPE, all ?q IRWIN, plir!' !jCH i1;'„' HANK P. DoNOVAN IN I'll E COURT of COiMINION PLEAS OF PLAINTIFF CU\IBERLAND COUNTI'. PENNSI•L\ :, NIA V MICHELE L. DONOVAN DEFENDANT 99-4748 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 27. 1001 , upon consideration of the attached Complain[. it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy. Esq the conciliator, at 4th Floor, Cumberland County Courthouse. Carlisle on _ Thursday, August 02 2001 at 9:30 a.m. for a Pre-Hearing Custody Conference. At such conference. an effort will be made to resolve the issues in dispute: or if this cannot be accomplished, to define and narrow the issues to be heard by the court. and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders. Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. BV: /s/ Hubert X Gilro1 q _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by lair to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having, business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TARE THIS PAPER TO YOUR ATTORNEI' AT ONCE. IF YOU DO NOT HAVE AN ATTORNE-Y OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT 1VHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 In I._i.T:_n,, .and and the seal ,f :a:ra Pa. This ......... day of i,.. Prothonotary / AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduling conference or hearing. HANK P. DONOVAN, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW c-. - MICHELE L. DONOVAN, 994748 CIVIL TERM - Respondent IN CUSTODY PETITION FOR CUSTODY AND NOW, this 22nd day of June 2001 2000, comes the Petitioner, Hank P. Donovan, by his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. The petitioner is Hank P. Donovan, an adult individual residing at 11 Grove Road, Carlisle, Cumberland County, Pennsylvania 17013. 1) The respondent is Michele L. Donovan, an adult individual residing 233 Southside Drive, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of one minor child, namely, Hank P. Donovan, Jr., born May 25, 1994. 5 Petitioner desires primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. 6. The best interest of the child requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. Respectfully IRWIN, L By: MarcufA. McKnight, III,)Zst Attornfor Petitioner, wank P. Donovan 60 West o= Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 Date: June 22. 2001 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. 0 HANK P.DONOVAN Date:June 22, 2001 EXHIBIT B LIFECODES CORPORATION East Lansing Division ` 1 B 2MI 2947 Eyde Parkway East Lansing, M/ 48823. R. Scott Foster, Ph.D., Sr. Director Marco Scarpetta, Ph.D., Assoc. Director Genetic Test Repo rt Srinivasan Savithiry, Ph.D., Assist. Director Jennifer Gibboney EL NO: 444314 Cumberland County Domestic Relations CASE N0: 13 North Hanover Street IV-D N0: 28607 P.O. Box 320 (Case ID: 335951) Carlisle, PA 17013 RACE SPECIMEN ID SPECIMEN COLLECTION MOTHER: DONAVAN, MICHELE L CAUCASIAN 1033351 05/082001 CHILD: DONAVAN, TAYLOR L 1033352 05/082001 ALLEGED FATHER: DONAVAN SR, HANK P CAUCASIAN 1019824 0320/2001 ALLEGED PATERNITY SYSTEM MOTHER CHILD FATHER INDEX DNA - PCR 1 . D13S317(13g22-31) 8,9 8 8,11 4.35 2. D18S51(18g21.3) 12,21 12 3.50 3. D2IS1IQ1) 28,29 28 28,30. 2 3.07 4. D3S 1358(3p) 14 , 16 14 , 18 16 , 18 3.45 5. D5S818 (5g21-31) 11 11,10 10 , 12 7.35 6. D7S820(7q 11.21-22) 8,10 8,10 8,10 2.41 7. D8S 1179(8) 14, 11 14 12,14 2.66 8. FGA(4g28) 22 22 , 20 20 , 22 3.07 9. vWA(12pl2-pter) 14,18 14 14 11.76 Conclusion: CUMULATIVE PATERNITY INDEX = 274,313 PROBABILITY OF PATERNITY = 99.99% The alleged father, HANK P. DONAVAN SR, cannot be excluded as the biological father of TAYLOR L. DONAVAN. Based on the above genetic testing results, the probability of paternity is 99.99% when compared to an untested random man of the North American caucasian population. (Prior Probability = 0.5) 1 certify that, to the best of my knowledge, the above report is true and accurate. Srinivasan Savithiry, Ph.D. July 9, 2001 Accredited by the American Association of Blood Banks 2947 Gvde Parkway, Suite 1 W lust Lansing, MI 48823 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BON 386 CARLISLE. PA. 17013 Phone: (717) 240-6225 JULY 16, 2001 Fax: (717) 240-6248 HANK PATRICK DONOVAN SR 11 GROVE RD CARLISLE PA 17013-7716 Plaintiff Name: MICHELE L. DONOVAN Defendant Name: HANK P. DONOVAN SR Docket Number: 00387 S 1999 PACKS Case Number: 212101067 Other State ID Number: Pleau note: All carrtmspondcroce mull include the PACSES Cure Number. Case Status Dear HANK PATRICK DONOVAN SR In an effort to keep you informed concerning the progress of the above case the following information is provided: ENCLOSED PLEASE FIND THE RESULTS OF THE GENETIC TESTS. AS YOU CAN SEE, YOU CANNOT BE EXCLUDED AS THE BIOLOGICAL FATHER OF TAYLOR L. DONOVAN, BY A 99.991 PROBABILITY OF PATERNITY. Sincerely, R. J. SHADDAY Furor EN-545 Service Type M WllrkcrtD 21301 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. HANK P.DONOVAN Date: July 31, 2001 s IL J 1"- Q ? o v ?