HomeMy WebLinkAbout99-05359
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ox IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA %
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Custodian or NO: q ` nscJ
Trustee, Assignee of ADVANTA
NATIONAL BANK, USA, ISSUE NO.:
Plaintiff,
V.
CALVIN L. BULL and
DEBORAH K. BULL,
Defendants
CODE:
TYPE OF PLEADING:
COMPLAINT IN MORTGAGE
FORECLOSURE
TO: DEFENDANTS
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT
MAY BE ENTERED AGAINST YOU.
WELTMAN, WEINBERG & REIS CO., L.P.A.
ATTORNEYS FOR PLAINTIFF
I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS:
c/o Wellman, Weinberg & Reis Co., L.P.A.
2601 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
FILED ON BEHALF OF:
PLAINTIFF
COUNSEL OF RECORD FOR THIS PARTY:
JON A. McKECHNIE, ESQUIRE
Pa. I.D. #36268
AND THE DEFENDANTS ARE:
2 WheatOeld Drive
Carlisle, PA 17013
WELT MAN, W\E•IN.BERG & REI CO., L.P.A.
BY: KLNEYS YV\?'?? J
A R FOR PLAIN , TIFF
F
I HEREBY CERTIFY THAT THE LOCATION OF THE REAL
ESTATE AFFECTED BY THIS LIEN IS:
2 Wheadleld Drive
Carlisle, PA 17013
Township of Mlddlesex;Cty of Cumberland
WELTMAN, WEINBERG & REIS CO., L.P.A.
Firm #339
2601 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
(412) 434-7955
W W R#01702497
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: IL\Q-3J-1
A hR?NEYS FOR PLAINTIFF
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Custodian or
Trustee, Assignee of ADVANTA
NATIONAL BANK, USA,
NO:
Plaintiff,
V.
CALVIN L. BULL and
DEBORAH K. BULL,
Defendants
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and 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:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-9400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Custodian or
Trustee, Assignee of ADVANTA
NATIONAL BANK, USA,
NO:
Plaintiff,
V.
CALVIN L. BULL and
DEBORAH K. BULL,
Defendants
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now, comes Plaintiff, Bankers Trust Company of California, N.A., as Custodian or Trustee,
Assignee of Advanta National Bank, USA, by and through its attorneys, WELTMAN, WEINBERG & REIS
CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following:
1. The Plaintiff is, Bankers Trust Company of California, N.A., as Custodian or Trustee,
Assignee of Advanta National Bank, USA, a lending institution duly authorized to conduct business within
the Commonwealth of Pennsylvania (hereinafter "Plaintiff').
2. The Defendants, Calvin L. Bull and Deborah K. Bull are adult individuals whose last known
address is 2 Wheatfield Drive, Carlisle, PA 17013.
3. On or about October 25, 1996, the Defendants, Calvin L.Bull and Deborah K. Bull
executed a Note ("Note") in the original principal amount of $148,725.00, which Note is attached as
Exhibit "A".
4. On or about October 25, 1996, as security for payment of the aforesaid Note, the
Defendants, made, executed and delivered to Advanta National Bank, USA, a Mortgage in the original
principal amount of $148,725.00 on the premises hereinafter described, said Mortgage being recorded in
the Office of the Recorder of Deeds of Cumberland County on November 1, 1996, Mortgage Book Volume
1349, Page 650. A true and correct copy of said Mortgage containing a description of the premises subject
to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof.
5. Advanta National Bank, USA assigned of its right, title, and interest in to the Mortgage to the
Plaintiff.
6. The Defendants are the current record and real owners of the aforesaid mortgaged
premises.
7. The Defendants are in default under the terms of the aforesaid Note and Mortgage for, inter
alia, failure to pay the monthly installments of principal and interest when due.
8. Demand for payment has been made upon the Defendants by Plaintiff, but Defendants
have failed or refused to pay the principal balance, interest or any other portion thereof to Plaintiff.
9. On or about July 2, 1999, Defendants were mailed Notice of Intention to
Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101 et seq. True and correct copies of
said Notice is attached hereto as Exhibit "C".
10. On or about July 2,1999, Defendants were mailed Notice of Homeowner's Emergency
Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of
1983Take Action to Save Your Home From Foreclosure. A true and correct copy of said Notices is
attached hereto as Exhibit "D".
11. The amount due and owing Plaintiff by Defendants is as follows:
Principal $146,521.84
Interest thru 08/16/99 $ 4,260.14
Attorneys' Fees $ 1,000.00
Title Search $ 50.00
Current Late Charge $ 232.47
Deferred Late Charge $ 742,27
Corporate Advance $ 1,564.21
Escrow Advance $ 1.236.70
TOTAL $155.607.63
12. Contemporaneously hereunder, Defendants have been advised of their right to dispute the
validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice,
attached hereto marked Exhibit "E" and made a part hereof.
WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of
$155,607.63, with interest thereon at the rate of $40.19 per diem from August 16, 1999, plus costs, in
addition to late charges and for foreclosure and sale of mortgaged premises.
WELTMAN, WEINBERG & REIS CO., L.P.A
Jon A. McKechnie, Esquire
Attorneys for Plaintiff
2601 Koppers Building
3436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #01702497
???HIBIT ___?___
?..
sill
ADJUSTABLE RATE NOTE
(LIBOR Index • Rate Caps)
THIS NOTE CONTAINS PROVISONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND
MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
October 25, 1996 Allentown PENNSYLVANIA
IO+mI I001 Isi,ml
2 WHIATPIZL DRIVE, CARLISLZ, PENNSYLVANIA 17012
[N.-may AJdrepl
1. BORROWER'S PROMISE TO PAY
In return fora ban that I have received. I prnnise m) pay U.S. f 148, 725.00 1111" aoeum ".01"I
"principal"). plus interest. In the alder of de Lelldcr. 'file Leader is
Advent& National Sank USA
1 understand that the Leader may transfer this Note. The Lendcr or nyone win) ekes this Nine by uansfcr. nd Mitt is entitled
to receive payments under this Note is called the "Note Holder."
1. INTEREST
Interest will he charged on unpaid principal until the full :mount of principal has Not paid. I will pay interest n J yearly
ate of 9.875 %. The interest rate I will pay nlay change in aucordmce with Secniua 4 of this Nor.
The interest ate required by this Section 2 and Section 4 of this Note k the rate I will pay Nnh before and ahier an%
default described in Section 7(11) of this Now.
3. PAYMENTS
(A) Time and Place of Payments
1 will pay principal and interest by making payments every month.
1 will nuke my monthly payments on the let day of each month beginning on December 1 . 1996
I will make these payments every month until I have paid all of the principal and interest and any ocher charges de,viNA below
deal 1 may awe muter this Nine. Sly monthly payments will be applied to interest before principal. It. Ion
November I 2026 . I still owe analunis under this Note. 1 will pay those ationtaus it, IWI Fill milt
date, which is called the "Maturity Date."
1 will make my monthly payments at
P.O. BOX 15471 , WILMINGTON, DIE 19850-5472
or at a different place if required by the Note Haider.
(B) Amount of my Initial "tenthly Payments
Each of my initial monthly payments will be in the a n mad of U.S. b 1,291.46 Tllis annex nay
change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my limit and in the interest cue that I mast
pay. The Note Holder will determine my new interest rate and the changed mnount of my nunmhly payment in Accordance with
Section 4 of this Noe.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Data
The interest rate I will pay may change on the tat day of November 2001 :aah on that
day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date."
(B) The Index
Beginning with the flat Change Date. my interest rate will he haled oil all Index. The "Index" is the average of Interbank
offered noes for six-month U.S. dollar-dealmihated deposits in tie Ianalon market (-LIBOR'), as published in Die Wall Street
Journal. The nuNt recent Index figure available as of the first business day of the month immediately preceding the nlnoth in
which Elie Change Date occurs is called the "Current Index."
If the Index is no longer available, the Nom Haider will choxec A new index that is based upon comparable inllmnation.
The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before much Change Date, the Note Holder will calculate my new iu:.,est rate by adding
YOUR AND SEVEN-EIGHTHS percentage paint(s) ( 4.875 %) oI die Current
Index. The Note Holder will then naund the result of this addition to the nearest onc-eighth at one percentage point 10.125%).
Subject to the limits stated in Section 4(D) below, this rounded mutant will he my new interest rate until the next Change Date.
The Noe Holder will then determine die anloum of the monthly payment that would he sufficient o repay the unpaid
principal that 1 am expected to owe at the Change Date in full on die Maturity Date at my new interest rate in substantially equal
payments. The result of this calculation will he Elm new amount of illy monthly payment.
LTISTATE ADJUSTABLE RATE NOTE LIBOR INDEX - Saul. Parody - Fnddna Mee Unllorm Inrnumrnh form 3590 7192
•Bt 61go)I rpr I ter ] Ar
STNIAI V-0596
BULL TH073707
(D) Limit, on interest Rate Changes
The interest rata 1 aril required in pay at the BOO Change Dale will not be greater than 12.875 ; Or less
than 9.675 %. Thereafter, my interesl ram will never be increased Or decreased fill my single change Dm
by slam than one percrnuge point (1.0%) from the rote of interest 1 hive been Paying for the preceding six nun dis My anerbl
rate will never be greater than 16.875
(E) Effective Dale of Changes
My new inwmst rate will become effective on each Change Dutc. I will pay die ;annum Of nhy new nwnthly paynfem
beginning on the find monthly payment date after the Change Dam until die ;unnwd ml Illy uuntlldy p aynen changes ague,
(F) Notice of Changes
The Nom Holder will deliver Or mail it, me a notice of any changes in Illy mwfest rate and dm amount fit illy numbly paymmnl
before the effective due Of any change. The notice will include stimulation required by law In be given me and also die (1110 ;rod
wwPhane number Ora person who will answer any question I may have regarding de notice.
5. BORROWER'S RIGHT TO PREPAY
1 have the right to make Payntenn of principal at any nine Mine they are duo, A Payment Of principal only I. known m a
'Prepayment" When I make a prcroymem, 1 will dell the Note Holder in writing dial I am duulg sal.
I may made a full prepayment or postal prepayments without paying may prepayment ehage. The Note Holder rill am all If
my Prepayments to reduce die amount of principal dial I owe under this Note. 11 I make a p:uual prepayment, then: will be all
changes in the due dmcr of my monthly payments unless the Now Holder agrees in %riong in (hove diaugcs. My partal
prepayment may reduce the amount of my monthly payments alter the first Change Date following my partial prep.,yowal.
However, any reduction due to my partial prepayment may beOIGet by all interest rate nwrease.
6. LOAN CHARMS
If a law, which applies in this loan and which sets maximum lone charges, is finally Interpreted v dial the Interest if other
hull charges collared or in be collected in cormccutln with this loam exceed die permitted limits, then: (t) my such beat charge
shall be reduced by the amount necessary to reduce the charge to the permitted Lout: and (ii) any sums already adleetcd Iron me
which exceeded permitted limits will be refunded to me. The Note Holder may chaise in made Wu refund by reducing the
principal 1 owe under this Nate or by making a direct payment to Inc. Ira refund reduces principal. the educutul will M sealed as
a Pal prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Now Holder his not received the full amount of any monthly payment by die cliff ill 15
calendar days after the dim it is due. I will Pay J Iate charge 10 the NOW Holder. The amount ill' the charge will he
6.00 % of my Overdue payment of principal and interest. 1 will pay this late charge promptly hill Only once
on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the dale it is title, I will be ,I delaub.
(C) Notice of Defaull
If I am in default the Now Holder may send me a writen nonce telling me that if I do not pay de Overdue mount by a cefuin
date, the Nom Holder may require me to pay immediately the full amount of principal which has not been paid and all Ibe imcrest
that 1 owe on that amount That data must be at Ieavt 30 days afwr the dam on which the notice is delivered or mauled to life.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Now Holder does not require me to pay immediately in full as described aMwc, We
Now Holder will still have the right to do so if I am in default at a pater date.
(E) Payment of Note Iraider's Costs and Expenses
If the Now Holder has roquued me w pay immediately in full as described above, the Note Holder will have the right of be
paid back by me for all of its costs and expenses in enforcing this Now to the extent not prohibiwd by applicable law. Those
expenses include, for example, mountable attorneys' fees.
8. GIVING OF NOTICES
Unless applicable paw requires a different method, any nouce that must he given to me under this Now 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 die Now
Holder a notice of my different address.
Any nodee that must be given as the Now Holder under this Now will he given by mailing it by first class mad (1h Ole Note
Holder at the address staled in Section 3(A) above or at a differenl address if 1 am given a notice of drat different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE.
If mom than one Perron signs this Note, each person is fully and personally Obligated is keep all of de prumiscs aide in dos
Now, including the promise o pay the full amount owed, Any person who is a guarantor, surly or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a gumannr, safety or
ends= of this Note, is also obligated in keep all of the promises made in this NOW. The Now Onlder may enforce its fights
under this Now against each person individually or against all of us wgcdwr. This meths dial any One Of us may be required of
pay all of the amounts owed under this Now.
10. WAIVERS
I and any other person who has obligations under this Now waive the rights of presentment and nonce of dishonor.
"Presentiment" means the right w require the Note Holder in demand payment of amounts duc.'NOucc of dishonor" means the
right of require the NOW Holder 10 give nonce w other persons that amounts due have not been paid.
n,n um r,a
C9 .8151von of
vaa• a m uam
BBLL 7M073787
11. UNIFORM SECURED NOTE
This Now is a uniform instrument with limited varieuoru in some ju tsdKIKIIIs. In uddniun m die prunumns given III die Nune
Holder under this Now, a Mortgage, Deed of Trust or Security Deed (die `Smunty Imuat ictuN), dined the sane date as this Note.
pmmeu the Now Holder from possible lasso which might result if 1 do not keep die promises that I make in diis Now. That
Sauriry Instrument describes how and under what conditions 1 may be required to make immediate paymem in full of all
amounts 1 owe under this Now, Some of those conditions we described as fnllows;
Transfer or the Property or a Ileneneial Interest In Burrower. If all or any part of die property or any interest in it is sold
or transferred (or if a beneficial interest in Bennwer ix sold or transferred and Rimester onto a natural prison) without Lender's
prior written consent. Lender may, at its option, require immediate payment in bill of all sums secured by this Security Insumnent.
However, this option shall not be exercised by Lender if rxemise is prohibited by federal law us of the date of this Security
Ins mat Lauder also shall not exercise phis option it. (a) Bomiwer rouses to he wibmiucd to Lender information required by
Lender in evaluate the intended uhnswrec m if a new loan were being muck to the transferee; and (h) Lender reasonahly
determines that Lender's security will not be impaired by the loan assumption and that the risk of a breuh of any covenant or
agreement in this Security Instrument is acceptable te Lender.
To the extent permilud by applicable law, Lender may chur?m a reasonable fee as a eon, it It In Leadcr'c consent ot the lam
susuupuon. Lender may also require the transferee m sign at] assumption agreement that Is accghuhle m Lender and dial ublig.ocs
the vunsferoe te keep all the promises and agreements made in (he Now unit in this Security Insumnent. Harrower will moronic to
be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing.
If Lerida exercises the option in require immediate payment in full, Lender shall give Borrower nnuce of acceleration. The
notice shall provide a period of not less than 30 days from the date the nnuce is delivered or mailed within which Bomhw'er hmhnt
pay all sums secured by this Security Instrument. If Burrower fails to pay these sons prior in the expiration of dos period, Lender
may invokeany s merh a txvmillod by this Soeuray Instrument wide ul further nnuce or dnnand no Borrower,
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDEIISIONED.
(Scup A 1 `A? C LslX (5cn11
IN BULL .N.nmwrr DEBORAH K BULL It.v,,...,r
I6vn,wv
THE PROVISIONS CONTAINED IN THE 'RIDER TO NOTE' SIGNED BY
ALL BORROIRRS NAMED HEREIN, ARE HEREBY INCORPORAIBD INTO
AND SHALL AlRND AND S/S PLeNENT THIS NOTE.
Initial
_ ISsall
Il.nniu.r
ISiBn ommnl Onfvl
A. NISProrl m v.,.l eh 0 W. vho rnr
BULL M073787
RIDER TO
ADJUSTABLE RATE NOTE
Floor/Prepayment
Borrower NafnB(9): CALVIN L BOLL
DEBORAH A BULL
Note Date: octebec 25, 1996
For a valuable consideration, receipt of which is hereby acknowledged, both Borrower and Lender agree
that this RIDER TO ADJUSTABLE RATE NOTE ('Rider-) amends that certain Promissory Note ('NOTE-1 of
date shown above, 10 which this Rider is attached. Borrower and Lender agree that this Note shall be
subject to the following provisions, notwithstanding any provisions to the contrary contained in said Note or
the Security Instrument given by Borrower to secure repayment of the Note.
LIMIT ON INTEREST RATE CHANGES
This loan has an interest rate -floor" which will limit the amount the interest rate can decrease.
Regardless of any change in the Index, the interest rate during the term of this loan will
the Initial interest rate provided for in Section 2 of the Note. never be less than
PREPAYMENT PENALTY - FIRST THREE (3) YEARS OF NOTE
During the first three (3) years of this loan. Borrower may prepay the loan in an amount not exceeding
twenty percent 120%) of the original principal amount in any twelve 1121 month period witho
However, during the first three 131 years of this loan, a prepayment ut penalty.
charge will be imposed on any amount
prepaid in any twelve 1121 month period in excess of twenty percent 120%I of the original principal amount
of the loan. The charge imposed shall be an amount equal to the payment of six (6) months advance
interest on the amount prepaid in excess of twenty percent (20%) of the original principal amount. Alter
the first three (3) years of this loan, there shall be no prepayment penalty.
CALVIN L BOLL
`. J.4.L?c;? k?tr0 0
oeNoRAii x BULL
A06000. 0395
BULL
(CAI I
rte ss
\
Witnas-?-
Witness
TN0]3TeT
EXHIBIT
WHEN RECORDED, NAIL TO,
Advanta National Bank USA Q
16873 NEST BERNARDO DRIVE
SAN DIEGO, CA 91137 C
ATTNr DOCUMENT CONTROL - -•
Parcel Number:
3 c
ISp.v. Abevs no One For Hit, o.M., Do.l
MORTGAGE N `
THIS MORTGAGE ('Sommly fnswmtnP) is given an October 25, 1996 The mort
a
or is
CALVIN L BULL and .
g
g
DEBORAH R BULL
('eomowu'). This Security Instrument is given in
Advanta National Bank USA
which i1 Organized and existing under the laws of UNITED STATES OF AMERICA Wit wlmsc
address is C/O 16875 NEST SERNARDO DRIVE, SAM DIE00, CA 93117
(. Borrower owes
NTYCFIVE At 00/100 Leader the principal swn of
ONE HUNDRED FORTY BIGHT THOUSAND SEVEN H,=RED TNE
Dollars (U.S. S 148,715.00 ).
This debt is evidenced by Borrower's now dated the same date as this Security Instrument ('Note'), which provides for monthly
PAYmrnB, with the full debt, if not paid culicr, due and payable on November 1, 2026 . This Security
InNUmnl secures to Lender: (a) the repayment of the debt evidenced by the NOW, with interest. and all mncwals,.extensions and
modifications of the Nate: (b) the payment of all other rams, with interest, wlvunced under paragraph 7 in protect thc security of
this Security Instrument; and (c) the pcrfornmam of Borrower's concr u s and agreements under this Security Insmumcnt and the
Nom. FW this pugwe. Borrower does hereby mortgage, grant and convey to Lender die following described property located in
Cumberland County, Pcrosylvaniu:
All that tract or parcel of land an shown on Schedule •A• attached hereto
which is incorporated herein and made a part hereof.
which has the address of 2 WEEATFIELD DRIVE , CARLISLE Moto. City].
Pennsylvania 17013 I/ pcw.l ('Pr„pony Address");
PENNSYLVANIA. Singto Family •FNMAIFHLMC
UNIFORM INSTRUMENT 39 9190
t •aHvralharm Amands Amended lV2/9] BOOIZu"Qy
,
visa uoaraar soma. raaisvia:ei??(-? ? PACE 650
t$ IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII
r.ra.u _.LX
BOLL TMO73787
TOGETHER WITH all the improvements, now or hurrah" rrm:ud ear pmgmms At all e:eenents, appurtenance., and
in
. toward now or hereafter a pan of the property, All replocemend and uddmmo ,h:JLLro's: ,,wrcd by this Security Insnanacnt.
All of the foregoing Is refuted in in this Security Instrument is the'P°ai;tany'
BORROWER COVENANTS that Borrower is lawfully wind of the estate herby anr::yed and has the right tu mongage.
grant and convey the Property and that the Propeny is unencumbacd, eaala four enaul'ammu:s of record. Borrower warrants and
will defend generally that tide a the Property against all claims end demands, sul jecl marl mirand rances of record.
THIS SECURITY INSTRUMENT combine uniform covenants fm amoral uar a nd, unroumform covenants with trained
variations by jurisdiction in ronstilate a uniform) security instrument eovamit real pralavv.
UNIFORM COVENANTS. Borrows and Lender ammo nl and agree m fellows:
1. Payment of Principal and Internt; Repayment and Late Charges. Bnrmaa ssall promptly pay when due die
principal carried interest on the debt evidenced by the Now and tiny prepayment and late charges due under die Now.
L Funds for Taxes and Insurance. Subject to applicable law or he a written waiver by fender, Burrower shall pay w
Lender on rue day monthly payments are due under the Now, until the Now is paid in full, a sum ("Funds") for: (a) yearly taxes
and arse mts which may main priority ova this Security Instrument m a lien on the Properly; (b) yearly household payments
or ground rents on die Properly, if any; (c) yearly forward or properly insurance pasouna; (d) yearly Oood insurance premiums, if
any; (e) yearly marriage insurance premiums, if any; and (O why sums payable by Borrower to Lender, in accordance with die
pmvubns of pragal 8, in lieu of the payment of mortgage insurance premiums. Thew items are called 'Escrow Items"
Leader may, at any time, collect and hold Funds in an amount nut to "earl the maximum amount a lender for a federally rehired
mortgage ban may require for Borrower's =raw account under the federal Real Estate Sediment Procedures Act of 1974 m
ametded from data to time, 12 U.S.C. Section 2601 ear seq. ("RESPA"), union another law that applies tit the Funds war a lesser
sarount If m, Lender may, at any time, collect and hold Funds in an amount not m exceed! the lever amount. Lender play
eumam dm amount or Funds due on the basis of current data and reasonable commute of expenditure of future Escrow hens or
otherwise in accordance with applicable law.
The Funds shall be held in an insulation whew deposits are insured by a federal agency, instrumentality. or entity (including
Leader, if Lender is such an institution) or in any Federal Home Loan Bak. Lender shall apply the Funds to pay the Escrow
Items. Lender may not charge Burrower for holding and applying the Funds, wnually analysing the escrow uccoam. or verifying
the Escrow Items, unless Lender pays Empower interest on the Funds and applicable law permits Lender m make such it etiurge.
However, lender may requme Borrower tu pay a one-time charge for an independent real tsar Les reporting service usal by
Lender in ennnecdon with this loon, unless applicable law provides otherwise. Unless m agreement is trade or applicable law
requires interest a be paid, Lender shall not be required us pay Empower may interest or earnings nn the Funds. Borrower and
Lender may agree in writing, however, that inmrcm shall he paid nn die Funds. Lender shall give to Borrower. without charge, tin
annual accounting of the Funds, showing credits and debits a the Funds and the purpose far which each debit to die Funds was
made. The Funds are pledged as additional security for all sums secured by this Salinity Instrument.
If the Funds held by Leader exceed the amounts permitted m be held by applicable law, Lender shall account to Borrower for
the tutu Funds in aecoda rce with the requirements of applicable taw. If the amount of the Funds held by Lcndcr at my tinge is
not sufficient m pay dm Escrow hems when due. Lender may an ratify Borrower in writing, and in such case Borrower shall pay
in Larder the amount necessary In make up the deficiency. Borrower shall make up the deficiency in no more than tweh,c
monthly payments. as Lender's sale discretion.
Upon payment in full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Feuds
held by Luther. If. under paragraph 21. Lender shall acquire or sell the property, Lender, prior co die acquisition or sale of the
Properly. dell apply any Funds held by Lanka at the amt of acquisition ur sale as a credit against the sums secured by this
Security instrument
3• Application of Payments. Unless applicable Iaw provides otherwise, all payment, received by Lander under paragraphs
1 and 2 shall be applied: foal, many prepayment charges due under the Note; second, to amounts payable under paragraph 2;
third, to internal due; fourth, to principal due; and last. to any late charges due under the Now.
d. Charges; Liens. Borrower shall pay all axes, acscssmcnts, charges. Gies and impositions aunhumble, m the property
which may aW7in priority ova Thu Security Instrument and lesschold payments or ground rats, if may. Borrower shall pay these
obligation in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on date directly to the
person owed payment. Borrower shall pmmpdy furnish to Lender all nauca of amounts to be paid under this paragraph. If
Borrower make them payments directly, Borrower shall promptly famish a Lender receipts evidencing the payments.
Borewa shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees m
writing he the payment of the obligation secured by the lien in a manner acceptable as 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) secure from the holder of the lien an ugrament uusformry to Lender subordinating the lien or
this Security InsWmenl If Lender dcmrmines that any pan of the property is subject in a lien which may Burin priority over dais
Security instrument, Lender may give Borrower a nonce identifying the lien. Borrower shall musty the lien or dike one or none
of the actions set foM above within IB days of the giving of peace.
Form 3030 a/
Ct-eHiPA)Iwaoh Bood399PAcE 651 r g
BOLL TM073787
S, Ilpzard or Properly Insurance. Borrower shall teal the hmproncmcat una ,IaIt Pinnate, caned tin dm Poston)
NsuW against Ion by fare, hounds included within the lean "cxan,l d ,wrage' al; dr+. other hoods, including floods err
flooding, (Or which Lender requires insurance. This announce shall be maintained is Ile wn,n ns and for the periods thin Lender
requires, The Imur w Cartier providing the insurance shall be Cho-= b)'110Mwm tulges m Lenders approval which shall not
60 unreasonably withheld. If Burrower fails W main07Th.co midge wscriGi„str cn 'umde may, at Lender's option, obtain
coverage to protect Lender's rights in the Property in accordance with paragraph 7
All insurance policies and renewal, shall be acceptable an Lender and shall h,eiude a sumdard mortgage clause. Lender shall
have the right in hold the policies and renewals. If Lender requires, Borrower shall prompt, give lo Lender all receipts of Pont
premiums and renewal notices. In the event of don, Borrower shall give prompt notice W the insurance carver and Lender Lender
may make proof of Ion if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance procwls shall be applied in maceration or term;[ of the
prrty damaged, if the nuouration or repair is ecmnomtcdly feasible and Lender's security is not lammed. If the restorawn or
repair is not economically feasible or Lenders security would be lessened, the insurance pruc"ds shall be applied to the sums
soured by this Security locomen. whether or not then due, with any cecess paid W Borrower. If Burrower abandons the
Property, or does not answer within 30 days a notice from Lend" that the insuran" uric[ La. to souk a claim, then
Lender may collar dte insurance proceeds. Lender may use the proceeds W repair or restore the Properly or as pay suns .socured
by this Security Instrument. whether or not then due. The 30-day period will begin when the nutice is given.
Unless; Lender and Borrower otherwise agree in welding, any application of proceeds W principal shall not extend or Postpone
the due date of the monthly payments referral to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender. Borrowers right an any insurance Policies and proceeds resulting from damage W dm
property prior in The acquisition shall pas to Lender W the esmnl of the sums secured by this Seemly Instrument immediately
prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Luau AppOmalion; Leaseholds.
Bartow" shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of
this Security Iran=[ and shall continue W occupy the Properly as Boomwer's principal residence for it lust one yearafter die
dam of aeuparrcy, unless Lender otherwise age= in writing, which consent shall not be unrmmnably withheld, or unless
assuming circumstances exist which we beyond Borrowers control. Borrower shall flat dcmoy, damage or impair the Property,
allow the Property in detcrioraa, or commit waste on the property. Borrower shall be in default if any furfchurc action or
preceding, whether civil or criminal, is begun that in Lend"'s good faith judgment could result in forfeiture of the Property of
otherwise materially impair the lien coated by this Security Instrument or Lender's security interest. Bor ucr may cure such a
default and reinstate, in provided in paragraph IB, by causing the action or proceeding to be Aisaimcd with a ruling that, rah
Lender's good With determination, precludes forfeiture of the Borrower's interest in the property or other mamriul impairment ul'
the lira created by this Security Instrument or Lenders security immi. Borrower shall also be in default if Borrower, during the
loan application Processes, gave materially raise or muecuram information or statements in Lender (or failed to provide Lender with
any amounts! infommtion) in connection with the Wan evidenced by the Now, including, but not limited all. representations
concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is an a leasehold. Burower
steal comply with all the provisions of the pease. If Borower acquires fee title to the Property, the learehold and the fee tide shall
not merge unless Lender agrees to the merger in writing.
7, protection of Lender's Rights in the Property. If Borrower fails m perform the covcnards unit agreements; contained in
this Security recommend, or them is a legal proceeding that may significantly affect Lender's rights in die 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 whaaver is necessary to protect the value of the Property and finders rights in the Property. Lender's actions may include
paying any sums secured by a lice which has priority over this Security Instrument, appearing in court paying reasonable
atmmey, fees and entering on the Properly in 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 Borrowa soured by this Security
InsnniML Unless Borrow" and Lender agree to other corms of payment, these amours shall bear interest from the date of
disbursement al the Now ram and shall be payable, with bravest upon more from Linder to Borrower requesting payment.
S. Mortgage Insurance. If Lender required mortgage insurance n a condition of making the loan secured by this Security
Imminent Borrower shall pay the premiums required in maintain the mongage insurance in effect. IL file an rmson, die
mortgage imuranx coverage required by Lender lapses or ceases W be in effect Burrower shall pay the premiums required to
obtain coverage subsmndally equivalent in the mortgage insurance previously in effect at a con substantially equivadert to die
cost an Borrow" 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 us
one-hiellth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or cursed if,
be in effect. Lend" will accept was and mein these payments as a loss rc mrve in lieu of mortgage insurance, faun reserve
121-81IPAlsw ins Po;m 303Y
°•°•edag1399face' 652 0
BULL TM073787
Payments may no longer M: required , at di opoon of Leader. if mortgage uswzaocc antes:qt (in die wnmma wad for the Ikasal
that Lender requires) provided by an insurer APProved by lender again becomes available wad m obumed. Borrower shall qmy die
premiums required o maintain mortgage insurance in effect, or to provide a Inns reserve, until the requirement far mmtgagc
imurmm ends in accordance with any written Agreement between Burrower and fonder or 4p;licahle law.
9. Iespection. Lender or iu agent may make reasonable mores upon and nbs}xrnms of the ProPerIY. Lender shall give
Borrower wtico u the time of or prior o an inspection specifying reasonable cause for the is:gatnn.
10. Condemnation. The proccedr of any Award or claim for damage, dime m ccwscquwtial, in connection with my
condemnation or other raking of my part of the property or for aanveymcc in lien of .mudemnxtion. are hereby assignel and
shall be paid as Lender.
In the event of a toed taking of the Noperty, the Inemels shall be applied o the .sums secured by this Security Instrument,
whether or cot Vim due, with my excess paid b Borrower. fit the cvcnl of a partial taking of the I merry in which the fair market
value of the Property immediately before the taking is equal in or greater than the amount of the sums secured by dim Security
Iotramrat immediately before the raking, unless Borrower ad Lender otherwise ngnm in writing, die sums secured by this
Smartly Instrument shall be reduced by the amount of the proceeds multiplied by the following fiction: (a) the meal 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 o Borrower. In the event of a partial taking of the Properly in which the fair marker value of Ole
Properly mnmedutcly before the taking is less din the mount of die sums secured immediately before the taking, unless
Borrow and Lender otherwise agree in wriung or unless applicable Isw otherwise provide, the proceeds shall be applied to the
sums secured by this Security Inmumenr whether or not the sums we then due.
If the Properly is abandoned by Bnrroweq or if, after notice by Lender to Borrower that the condemnor offers to make m
awed or cede a claim for during". Borrower fails in respond o Lender within JO days after the date the norco is given, Lmskr
is authorized at calker and apply the pmcredx, ar its option, either to resmnlion or repair of the Props; .:r :a Jw rams steeled
by this Security Instrument, whether or not then due,
Unless Lender and Borrower otherwise agree in writing, my application of prceeds o principal shall not extend or posilone
the due dale of the monthly payments «ferd o in paragraphs I and 2 or change the amount of such payment,.
11. Borrower Not Released; Forbearance By Lender Nor a Waiver. Extension of the time for paymem or modaicaunn
of wmnration of the sums sourd by this Security Instrument granted by Lender o my successor in interest of Borrower shall
not operate to release the liability of the original Bonsi or Borrower's successors in intern Lender shall not be required to
commence proceedings Against any successor in interest or refuse o extend time for payment or otherwise modify amnroution of
dm sums soured by this Security Inarsument by rattan of my demand made by the original Borrower or Borrower's successors
in inkrra . Any forbearance by Lender in exercising my right or remedy shall not be a waiver of or preclude the exercise of any
rightorremedy.
12. Succeasoe and Assigns Bound; Joint and Several Liability; Co-signers. The covenant, and Agrcoments of this
Security osuument shall bind and benefit the successors and assigns of lender and Borrower, subject o the provisions of
paramb 17. Borrower's covenants and Apecmm s shall he joint and several. Any Borrower who cosigns this Security
Instrument but does not "mute the Noe: (a) is co-signing this Security instrument only in mortgage, grant and convey dial
Borrower's interest to the property under the wens of this Security Instrument: (b) is not persmuNly obligated to pay the suns
secured by this Security InsrummC and (c) agrees that Lender and way other Borrower may agree to extend, modify, forbear or
make my accommodations with regard as the terms of this security Instrument or the Note without that Borrower's consent.
83, Loan Charge. If the lom soured by this Security Instrument is subject in a law which sets maximum loan charges,
and that law is featly inwrpreled so that the lateral or other low charges collected or in be collected in connection with the low
exceed the permitted limits, then: (a) my such loam charge shall be reduced by the amount necessary to reduce the charge to the
permed land; and (b) my sums Already coldecod from Borrower which exceeded permitted limits will be refunded to Borrower.
Lender may choose All make this refund by reducing the principal awed under the Now or by making a direct payment to
Borrower. If a refund rduc" principal, the reduction will be rmtd is a partial prepayment without my prepayment charge
under the Note.
14. Notices. Any nouca o Borrower provided for in this Security Instrument shall be given by dcltvering it or by mailing it
by first close mail unless applicable law requim use of mother method. The notice shall be directed in the Property Address or
my other address Borrower designates by nonce o Lender. Any notice in Lender shall be given by first clan mail in Lender's
addrem staid herein or my other address Lender designates by notice an Borrower. Any notice provided for in this Security
Instrument shall be claimed to have been given As Borrower or Lender when given as provided in this paragraph.
IS. Governing Law; Severabilily. 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 my provision or clause of this Security Instrument or die Now
conflicts with applicable law, such conflict shall not affect other provisions of ibis Security Insrument or the Now which am be
given effect without the conflicting provision. To this end the previsions of this Saurily Instrument and the Now arc declared to
be severable.
?-01,11 In•'w BOOg1349PACE 653 Form 301,;11
vr•••i• ? tW5
BULL M073787
?I
I& Transfer sfer of Copy. Borrows shall be given one confotmW Copy ni 01c Nou and d WE Se,urov braoumnn
or of the proper a lim henE nr a Benefcul Interest in Borrower, If all nr any put al'the Ropcny or any merest in n is
or Uansferted (or if a cal Interest in Bortowa u sold or transferred utd Rorromer n not a natural prom) without
that's prior wrium consent Lender may, in IU option, require immediate paymmt m full of all stuns su recd I dos Security
lament. However, this option shalt not be serried lay Lend" if exertim is Nahdnta! by fWwl law as of Ut: Jam of Ihu
Whir INWI L
If Lender exercises this opdon, Lucia ahati give Borrows notice of acceleration. The noun shall provide a perod of not Iers
nodis: Instrumml dwl 30 days If Bo from the dam the Pay this delivered a mailed within which Borrower must pay all sums enured by this SecuriBorrower tabs to pay thece sums prior to the expiration of this period. Lender may invoke my remedies pencilled
by his Saucily Immurement without further notice or demand on Borrow,.
enf in have
fo> mBi ominof tNu S aurilyyo B InsWment discontinued at my am pnor conditions,
in the o evlia of. (a) S shall days (or such oihert period a,
applicable law may specify fv minnammmp before sale of the property punuanl many power of sale contain W in this Security
InstromenC or (b) miry of a judgment enforcing this Security Imoumml. Those conditions art that Borrower: (a) pays Lender all
sums which then would be due under this Security Instrument and the Now as if no acceleration had occur ; (b) curs any
default of any other covenant or agreements; (c) pays all expenses incurred in enforcing this Saucily Instrument, including, but
not limited to, «monable mumneys' Iran; and (d) Likes ;uch action is Lender may ratsana dy require to assure that the lien of this
Security Instrument. Lender's rights in the Properly and Borrower's obligation to pay the sums secured by thir Security
Instrument shall cename: unchanged, Upon reinstatement by Burrower, this Secant y Instrument and the obligations secured
hereby shall remain fully effective in if no acceleration had occurred. However, this right to transom shall not apply in the cam of
acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Now or o partial Interco in dm Nom (mgetha with this Security
Immument) may be sold one or more times without prior nods to Borrower. A sale may nani t in a change in the entity (known
a tho "Loan Smiaat') that enliatsmonthly paymm s due under the Now and this Swishy Instrument. There also maybe one or
mom changes of the Loan Savieer un clatr.) m a sale of the Now. If there is a change of the Lam Servicer. Borrower will he
given written notice of the change in accordance with paragraph Id above and appliable law. The notice will sum the name i"d
adrss of the new loan Savica and the address to which payments should be made. The notice will also conuun any other
information renuired by anti Ihir Ins
era. HS"Ydoal Substances. Borrower shall not cause or permit the presence, use, dlspOsal, storage. or mIcam of any
Hmardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Rnpcny
that is in violation of my Environmcnul Law. The preceding two sentences shall not apply to the presence, use, or storage on the
Property of smell quenhds of Fur ardous Substances
that arc generally recognuuJ to be appropriate to normal rsidential user rinnow
ce of the Roomy,
an w maintenan
Borrower shall promptly give lnndv Eli iucn notice of any investlgutinn, claim, demand, lawsuit or other action by any
(which utmry agency err p parry involving the Properly and any Hazardous Substance or Environmcnml Wan
govemmenW or mg
o Borrows has actual WowlWge. IfBorrower Icarus, err u notified by any governmental or regulatory authority, that :vry
removal or other rcmed iadon of any HaraWous Subsumcc
olfecting the Property is necessary, Borrower shall promptly take all
necessary ial actions in accordance with Environmcnul Law.
Ace V7-La Zhpamgmph 20"amrdous Subsuncev' ;sec those substances defined as tonic or harsrJous substances by
Envc w and Ute fallowing substances: gasoline, kerosene, other Bemnmhle of toxic petrolcem products, toxic
it
padcides bkids, voutilc solvent, materials ennuining mbatoa or (ormalJchyJc, and radioactive materials. As user) in
rah paragraph 20,'Envirornmenlal law' reams federal sews and laws of the jurisdiction where the Propcny is located dial rcurc
m health . sa(Cly a! CnVlrommenml protudon.
NONUNIFORM COVENANTS. Borrower and Lender fuller covenant and agree as follows:
21. Acceleration; Remedies. Leader shall give notice to Burrower prior to acceleration following Ilurrower's breach of
any covenant or agreement In this Security Instrument (but not prior to acceleration under paragraph 17 unless
applicable law provides olhervvue). Lender shall notify Borrower of, among other things: (a) the default; (b) the action
required to cum 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 Burrower or the right to reinstate crier acceleration and the right to assert in the
foreclmure proceeding The nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If
the default is not cured as spalRed. 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 In. 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 stale
conveyed shall terminate and become void. After such occurrence, Lnder shall discharge and satisfy this Smunty Instrument to
Borrower. Remover shall pay any recordation cost. Lender may charge Borrower a fee for releasing this Security instrument, but
only if the fee is paid to a third parry for services relawral and the charging of the fee is permitted under appliahlc law.
23. Waivers. Borrow". to the extent permitted by applicable law, waives and releases any error or defects in proceedings to
enforce this Security Insmunent and hereby waivs the benefit of any present or future laws providing for $my of execution.
Extension of time, exemption from attachment, levy and sale, and homes" exemptinn.
BoB21349facE 654
Ck •aH(PA) W rte
ver•sme
Form 3039
Pifs9D
BULL TH073707
20. Reinstatement Period. Bormwcr's time to rcinsmm provided in paragraph IR .droll extend as one hour prior it) die
dommcacemml of budding at a sheriff's sale or other saw pursuant to this Security IMMI1111o1
25. Purchase Money Mortgage. If any of the debt secured by this Security Insuumsat is lent to Borrower to acquire tide to
the Property, this Security Instrument shall be a purchase money mortgage.
36. Interot Rate After Judgment. Borrower Agri that the interest ram payable after a judgment is entered on the Nom
or in an action or mortgage foreclosure shall be the mm payable from time in time under die Now.
27. Riden to this Really Instrument. If one or more riders ere executed by Burrower and recorded together with this
Security Instrument, the mvenan s and agreements of each such rider shall he tnengrormed into and shall amend and supplement
the covenam s and agreements of n,is Security Instrument as if the rider(s) were a pan of this Security Instrument,
(Chat applicable box(es))
O Adjustable Ram Ride Q Condominium Rider O14 Family Rider
Graduated Payment Ride Planned Unit nevclopmem Rider Q Biweekly Payment Rider
?. Balloon Ride ? Ram Improvement Rider U Second Home Rider
[] VA Ride ? Other(s) (specify)
BY SIGNING BELOW, Borrower accepts and agrees to the terms and ,vcn' contained it Nis Secunly LuuumenunJ m
my rider(s) cxecumd by Borrower and recorded win, it.
Witaeituc
V BULL Sub
I ii"`lr.QlYl?t -Q_ Sul)
DPBORAR X BOLL .nnnuwn
BVrmwu ILnnnn
Cerlificale of Residence
1' ,
the within-named Mortgagec is do hereby cerufy that die correct address I)]
Witness MY hand this day of
^ 1 Aatm of Ibnwate
COMMONWEALTH OF PENNSYLVANIA, YYY County m:
On this, the
personally appeared ':)s day of CiC:F 19 cj 6 , before me, the undersigned officer.
I<, A'al
known to me (or satisfauturidy proven) to be the
person 5 Whose nai Cure. subscribed to the within instrument and acknowledged that
exau c! The same for die purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my had and official sal.
My Commission Expires: ,vr?l",y".rj..L'. '•?
e M' u
...? -a3 SEAL
,.n_o roor oni.tr PBln County
aNOV,1,1007
?•aN(PAlnam °. i's.; "xlebEy•?C` Pit...11 U.
. '^•••?•""' OOOA1399PACE 655 TR173787
P_:, ILLEGIBLE ORIGINAL
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ILLEGIBLE ORIGINAL N«g
re if Pennsmnia 8S
'y of C4 umoerlend
r ded i the o(hce for the recording of Deeds
r and Berland Conn , -
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A
BOO11349PACE 656
EXHIBIT
ADV NTA Mortgage
Mortgage
CALVIN L BULL DATE: July 2, 1999
2 WHEATFIELD DRIVE
CARLISLE PA 17013
RE: Loan number 2180719
NOTICE OF INTENT TO FORECLOSE ON MORTGAGE
YOU ARE IN DEFAULT OF YOUR OBLIGATION TO YOUR LENDER, the present
holder of the Note and Mortgage referenced by the above identified
loan number. ADVANTA Mortgage Corp. USA is the servicing agent
for the holder authorized to act on its behalf.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of
$1,476.11 each, commencing May 01, 1999 and subsequent
installments thereafter. Late charges have also accrued to this
date. Late charges are assessed if the monthly payment is not
received within the grace period set forth in your Note. Your
monthly late charge is $77.49.
Other charges may have also accrued which are due in order to cure
your loan. AS OF THE DATE OF THIS LETTER, THE TOTAL AMOUNT
NECESSARY TO CURE THE DEFAULT IS AS FOLLOWS:
Payments of $1,476.11 each commencing May 01, 1999
through May 01, 1999:
(Corporate Advances included) $ 5,984.29
Current Late Charges $ 154.98
Deferred Late Charges $ 742.27
Current Return Check Fees $ .00
Deferred Return Check Fees $ .00
Advances by Servicer $ 1,236.70
Advances by Investor $ .0 0
LESS: Partial Payments/Forbearance $ .00
Misc. Unapplied Funds $ .00
TOTAL AMOUNT TO CURE DEFAULT: $ 8,118.24
YOU MAY CURE THIS DEFAULT within 30 days of the date of this
letter by paying to us the amount of $8,118.24 plus additional
installment payments that come due and any late charges and other
charges or fees which have accrued or have been paid on your
behalf during that time. Such payment must be made in the the
form of cash, certified or bank check, or money order, payable to
ADVANTA Mortgage Corp. USA and delivered to the following address:
ADVANTA Mortgage Corp. USA
Collection Dept. #350
10790 Rancho Bernardo Rd.
San Diego CA 92127
If you do not cure the default within 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 immediately and you will lose the chance to pay off
the original mortgage in monthly installments. If you do not cure
the default within 30 days, we intend to instruct our attorneys to
start a lawsuit to foreclose on the mortgaged premises. If the
mortgage is foreclosed upon, your mortgaged property will be sold
by the County Sheriff to pay off the mortgage debt. If we refer
your case to our attorneys, but you cure the default before they
begin legal proceedings against you, you will still have to pay
the reasonable attorney's fees, actually incurred, up
ADV NTA Advanta
Mortgage
NOTICE OF INTENT TO FORECLOSE ON MORTGAGE ??"•"??""
CALVIN L BULL n aa.v,n •..
Page Two
to $50. However, if legal proceedings are started against you,
you will have to pay the actual incurred reasonable attorney's
fees, even if the fees are more than $50.
All attorney's fees will be added to whatever amount 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 principal balance
and all other sums due under the mortgage. However, if you have
filed a bankruptcy and this mortgage debt was discharged, we
cannot sue you personally. If you have not cured the default
within the 30 day period and foreclosure proceedings have begun,
you will have the right to cure the default and prevent the sale
at any time up to one hour before the Sheriff's foreclosure sale.
You may do so by paying the total amount of the unpaid amount due
plus any interest and late or other charges then due, as well as
the reasonable attorney's fees and costs connected with the
foreclosure sale (and perform any other requirements under the
mortgage).
It is estimated that the earliest date that such a Sheriff's Sale
of your Premises could be held would be approximately 90 days from
the date foreclosure preceedings begin. This is just an estimated
date.
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 will be by calling us
at (800) 598-7916, between the hours of 5:00 a.m. and 9:00 p.m.
Monday through Friday, 6:00 a.m. and 3:00 p.m. Saturday and 6:00
a.m. and 12:00 p.m. Sunday, Pacific Standard Time.
You should realize that a Sheriff's 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 Sale, a
lawsuit could be started to evict you.
You have additional rights to help protect your interest in the
property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY
TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT
CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE
RIGHT TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PREMISES SUBJECT TO
THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WOULD CURE THE DEFAULT
AND ASSUME THE MORTGAGE DEBT PROVIDED THAT ALL OUTSTANDING
PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO
OR AT THE TIME OF SALE. CONTACT US TO DETERMINE UNDER WHAT
CIRCUMSTANCES THIS RIGHT MIGHT EXIST.
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 cure a default more than three times in any calendar
year.
Collection Department #350
ADVANTA Mortgage Corp. USA
WP12/ACT6BPF File Copy
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ADVANTA
DEBORAH K BULL
2 WHEATFIELD DRIVE
CARLISLE PA 17013
Advanta
Mortgage
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III :.II...:....Ml
DATE: July 2, 1999
RE: Loan number 2180719
NOTICE OF INTENT TO FORECLOSE ON MORTGAGE
YOU ARE IN DEFAULT OF YOUR OBLIGATION TO YOUR LENDER, the present
holder of the Note and Mortgage referenced by the above identified
loan number. ADVANTA Mortgage Corp. USA is the servicing agent
for the holder authorized to act on its behalf.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of
$1,476.11 each, commencing May 01, 1999 and subsequent
installments thereafter. Late charges have also accrued to this
date. Late charges are assessed if the monthly payment is not
received within the grace period set forth in your Note. Your
monthly late charge is $77.49.
Other charges may have also accrued which are due in order to cure
your loan. AS OF THE DATE OF THIS LETTER, THE TOTAL AMOUNT
NECESSARY TO CURE THE DEFAULT IS AS FOLLOWS:
Payments of $1,476.11 each commencing
through May 01, 1999:
(Corporate Advances included)
Current Late Charges
Deferred Late Charges
Current Return Check Fees
Deferred Return Check Fees
Advances by Servicer
Advances by Investor
LESS: Partial Payments/Forbearance
Misc. Unapplied Funds
TOTAL AMOUNT TO CURE DEFAULT:
May 01, 1999
$ 5,984.29
$ 154.98
$ 742.27
$ .00
$ .00
$ 1,236.70
$ .0 0
$ .00
$ .00
$ 8,118.24
YOU MAY CURE THIS DEFAULT within 30 days of the date of this
letter by paying to us the amount of $8,118.24 plus additional
installment payments that come due and any late charges and other
charges or fees which have accrued or have been paid on your
behalf during that time. Such payment must be made in the the
form of cash, certified or bank check, or money order, payable to
ADVANTA Mortgage Corp. USA and delivered to the following address:
ADVANTA Mortgage Corp. USA
Collection Dept. (1350
10790 Rancho Bernardo Rd.
San Diego CA 92127
If you do not cure the default within 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 immediately and you will lose the chance to pay off
the original mortgage in monthly installments. If you do not cure
the default within 30 days, we intend to instruct our attorneys to
start a lawsuit to foreclose on the mortgaged premises. If the
mortgage is foreclosed upon, your mortgaged property will be sold
by the County Sheriff to pay off the mortgage debt. If we refer
your case to our attorneys, but you cure the default before they
begin legal proceedings against you, you will still have to pay
the reasonable attorney's fees, actually incurred, up
ADVANM Advanta
Mortgage
NOTICE OF INTENT TO FORECLOSE ON MORTGAGE
DEBORAH K BULL ..,,non,. cn •,. .a x,u
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to $50. However, if legal proceedings are started against you,
you will have to pay the actual incurred reasonable attorney's
fees, even if the fees are more than $50.
All attorney's fees will be added to whatever amount you owe us,
which may also include our reasonable coats. 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 principal balance
and all other sums due under the mortgage. However, if you have
filed a bankruptcy and this mortgage debt was discharged, we
cannot sue you personally. If you have not cured the default
within the 30 day period and foreclosure proceedings have begun,
you will have the right to cure the default and prevent the sale
at any time up to one hour before the Sheriff's foreclosure sale.
You may do so by paying the total amount of the unpaid amount due
plus any interest and late or other charges then due, as well as
the reasonable attorney's fees and costa connected with the
foreclosure sale (and perform any other requirements under the
mortgage).
It is estimated that the earliest date that such a Sheriff's Sale
of your Premises could be held would be approximately 90 days from
the date foreclosure preceedings begin. This is just an estimated
date.
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 will be by calling us
at (800) 598-7916, between the hours of 5:00 a.m. and 9:00 p.m.
Monday through Friday, 6:00 a.m. and 3:00 p.m. Saturday and 6:00
a.m. and 12:00 p.m. Sunday, Pacific Standard Time.
You should realize that a Sheriff's 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 Sale, a
lawsuit could be started to evict you.
You have additional rights to help protect your interest in the
property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY
TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT
CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE
RIGHT TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PREMISES SUBJECT TO
THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WOULD CURE THE DEFAULT
AND ASSUME THE MORTGAGE DEBT PROVIDED THAT ALL OUTSTANDING
PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO
OR AT THE TIME OF SALE. CONTACT US TO DETERMINE UNDER WHAT
CIRCUMSTANCES THIS RIGHT MIGHT EXIST.
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 cure a default more than three times in any calendar
year.
Collection Department #350
ADVANTA Mortgage Corp. USA
WP12/ACT6CPF File Copy
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ADVANTA
CALVIN L BULL
2 WHEATFIELD DRIVE
CARLISLE PA 17013
Advanta
mortgage
uui rr i,? .......mx. ti
DATE: July 2, 1999
RE: Loan number 2180719
IMPORTANT: NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983
PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR
FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS.
Your mortgage is in default because you have failed to pay
promptly installments due for a period of at least 60 days.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of
$1,476.11 each due 5/01/99 and monthly thereafter as well as other
charges. AS OF THE DATE OF THIS LETTER YOU ARE IN DEFAULT AS
FOLLOWS:
Payments of $1,476.11 each for May 01, 1999
through May 01, 1999:
(Corporate Advances included) $ 5,984.29
Current Late Charges $ 154.98
Deferred Late Charges $ 742.27
Current Return Check Fees $ .00
Deferred Return Check Fees $ .00
Advances by Servicer $ 1,236.70
Advances by Investor $ .0 0
LESS: Partial Payments /Forbearance $ .00
Misc. Unapplied Funds $ .00
TOTAL DEFAULT: $ 8,118.24
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 30 days from the date of this Notice. During
that time you have the right to arrange a "face-to-face" meeting
with a representative of ADVANTA Mortgage Corp. USA, or with a
designated consumer credit counseling agency. The purpose of that
meeting is to attempt to work out a repayment plan, or to
otherwise settle your delinquency. That meeting must occur in the
next 30 days.
If you attend a face-to-face meeting with ADVANTA Mortgage Corp.
USA, or with a consumer credit counseling agency identified in
this Notice, no further proceeding in mortgage foreclosure may
take place for 30 days after the date of that meeting. You can
contact a representative of ADVANTA Mortgage Corp. USA by
telephoning our toll free number (800) 548-7916 between the hours
of 5:00 a.m. and 9:00 p.m. Monday, 6:00 a.m. and 3:00 p.m.
Saturday and 6:00 a.m. and 12:00 p.m. Sunday, Pacific Standard
Time.
The name(s), address(es) and telephone number(s) of (a) designated
consumer credit counseling agency(ies) is (are) attached.
ADVNTA Mortgage
Mortgage
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NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT"11W
CALVIN L BULL
PAGE TWO
it is only neceusary to schedule one face-to-face meeting. You
should advise ADVANTA Mortgage Corp. USA 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 Homeowners' Emergency Assistance
Application with the Pennsylvania Housing Finance Agency. The
consumer credit counseling agency will assist you in filling out
your application. It must be filed or postmarked within 30 days
of your face-to-face meeting.
You must either mall your application to the Pennsylvania Housing
Finance Agency or you must file it at the office of one of the
attached designated consumer credit counseling agencies listed on
the attachment to this Notice.
The Pennsylvania (lousing Finance Agency is located at: 2101 North
Front Street, P.O. Box 8029, Harrisburg, Pennsylvania 17105.
Telephone Number (717) 780-3800 or 1-800-342-2397 (toll free
number).
An application for assistance may be obtained from a consumer
credit counseling agency or directly from the Pennsylvania Housing
Finance Agency.
It is extremely important that you file your application promptly.
It 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.
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 counseling agency will help you to
fill out the application. The Pennsylvania Housing Finance Agency
has 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.
La notification an adiunto es de sums importancia, pues affects su
derecho a continuer viviendo an su case. Si no comprende el
contenido de seta notification obtanga una traducion
immediatamente llamando esta agencea (Pennsylvania Housing Finance
Agency) sin cargos al numero mencionado arriba. Puedes ser
eligible pare un prestamo por el programs llamando "Homeowner's
Emergency Mortgage Assistance Program,- el cual puede salver su
case de la perdida del derecho a redimir su hipoteca.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ALL INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
Collection Department #350
ADVANTA Mortgage Corp. USA
Attachment: Consumer Credit Counseling Agencies
WP12/ACT9IBP File Copy
ADVANTA
CONSUMER CREDIT COUNSELING AGENCIES
Cumberland County
Consumer Credit Counseling Service
of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Services Unlimited
117 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
25 N. Front Street
Harrisburg, PA 17101
(717) 234-5925
FAX # (717) 232-4985
YMCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX # (717) 243-3948
Advanta
Mortgage
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ADV NTA Ma gage Ata
DATE: July 2, 1999
DEBORAH K BULL
2 WHEATFIELD DRIVE
CARLISLE PA 17013
RE: Loan number 2160719
IMPORTANT: NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983
PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR
FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS.
Your mortgage is in default because you have failed to pay
promptly installments due for a period of at least 60 days.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of
$1,476.11 each due 5/01/99 and monthly thereafter as well as other
charges. AS OF THE DATE OF THIS LETTER YOU ARE IN DEFAULT AS
FOLLOWS:
Payments of $1,476.11 each for May 01, 1999
through May 01, 1999:
(Corporate Advances included) $ 5,984 .29
Current Late Charges $ 154 .98
Deferred Late Charges $ 742 .27
Current Return Check Fees $ .00
Deferred Return Check Fees $ .00
Advances by Servicer $ 1,236 .70
Advances by Investor $ .0 0
LESS: Partial Payments/Forbearance $ .00
Misc. Unapplied Funds $ .00
TOTAL DEFAULT: $ 8,118 .24
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 30 days from the date of this Notice. During
that time you have the right to arrange a "face-to-face" meeting
with a representative of ADVANTA Mortgage Corp. USA, or with a
designated consumer credit counseling agency. The purpose of that
meeting is to attempt to work out a repayment plan, or to
otherwise settle your delinquency. That meeting must occur in the
next 30 days.
If you attend a face-to-face meeting with ADVANTA Mortgage Corp.
USA, or with a consumer credit counseling agency identified in
this Notice, no further proceeding in mortgage foreclosure may
take place for 30 days after the date of that meeting. You can
contact a representative of ADVANTA Mortgage Corp. USA by
telephoning our toll free number (800) 548-7916 between the hours
of 5:00 a.m. and 9:00 p.m. Monday, 6:00 a.m. and 3:00 p.m.
Saturday and 6:00 a.m. and 12:00 p.m. Sunday, Pacific Standard
Time.
The name(s), address(es) and telephone number(s) of (a) designated
consumer credit counseling agency(ies) is (are) attached.
ADVANTA
Advents
Mortgage
NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT'-'"
DEBORAH K BULL
PAGE TWO
It is only necessary to schedule one face-to-face meeting. You
should advise ADVANTA Mortgage Corp. USA 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 Homeowners' Emergency Assistance
Application with the Pennsylvania Housing Finance Agency. The
consumer credit counseling agency will assist you in filling out
your application. It must be filed or postmarked within 30 days
of your face-to-face meeting.
You must either mail your application to the Pennsylvania Housing
Finance Agency or you must file it at the office of one of the
attached designated consumer credit counseling agencies listed on
the attachment to this Notice.
The Pennsylvania Housing Finance Agency is located at: 2101 North
Front Street, P.O. Box 8029, Harrisburg, Pennsylvania 17105.
Telephone Number (717) 780-3800 or 1-800-342-2397 (toll free
number).
An application for assistance may be obtained from a consumer
credit counseling agency or directly from the Pennsylvania Housing
Finance Agency.
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.
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 counseling agency will help you to
fill out the application. The Pennsylvania Housing Finance Agency
has 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.
La notification en adjunto es de sums importancia, pues affects su
derecho a continuer viviendo en su casa. Si no comprende el
contenido de esta notification obtanga una traducion
immediatamente llamando esta agencia (Pennsylvania Housing Finance
Agency) sin cargos al numero mencionado arriba. Puedes ser
eligible para un prestamo por el programa llamando -Homeowner's
Emergency Mortgage Assistance Program" el cual puede salvar su
case de Is perdida del derecho a redimir su hipoteca.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ALL INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
Collection Department #350
ADVANTA Mortgage Corp. USA
Attachment: Consumer Credit Counseling Agencies
WP12/ACT9ICP File Copy
ADV NTA Advanta
Mortgage
CONSUMER CREDIT COUNSELING AGENCIES
Cumberland County
Consumer Credit Counseling Service
of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Services Unlimited
117 West 3rd Street
Waynesboro, PA 17260
(717) 762-3285
Urban League of Metropolitan Harrisburg
25 N. Front Street
Harrisburg, PA 17101
(717) 234-5925
FAX # (717) 232-4985
YMCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX # (717) 243-3948
P[IUnM _ - - _ - .- - -AOSTNAAA ON DATE
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FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE
By law, this law firm is required to advise you that unless within 30 days after receipt of
this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed
to be valid by us. If said notification is sent to us in writing, we are required to provide you with
verification of the debt. In the event within a 30-day period you request in writing the name of
the original creditor, it will be provided to you if different from the current creditor. In the event
that you dispute the debt and/or request the name of the original creditor in writing within the
30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the
verification and/or name of the original creditor has been provided to you.
This law firm is attempting to collect this debt for our client and any information obtained
will be used for that purpose.
The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is
separate and distinct from the foregoing Complaint which must be responded to in conformity
with the instructions therein. Because of the difference in time parameters, we will not move for
Default Judgment for at least thirty (30) days from the date of service of this Complaint upon
you, and if you request verification, we will not move for Default judgment until a reasonable
time after verification has been provided, and after the expiration of the thirty (30) day period
from the date of service.
EXHIBIT
VERIFICATION
The undersigned does hereby verify subject to the penalties of PA.C.S.14904 relating
to unswom falsifications to authorities, that he/she is Lee- LAI ni
Qc?c ?o ?k 2 5,-..,a2wscl, of A?R W ? , plaintiff herein, that
(Title) I (Company)
.. he is duly authorized to make this Verification, and that the facts set forth in the foregoing
Complaint are true and correct to the best of his/her knowledge, information and belief.
(Signature)
WELTMAN9 WEINBERG & REIS
ATTORNEYS AT LAW
2601 Koppers Building
436 Seveotb Avenue
Pimbur&FA 15219
(412)434.7955
CLEVELiND, COLMMUS, CINCINNATI, PITTSBURGH
Banktrs -Fwi (y, of CA
Plaintiff
NO:
Vs.
O lyin L Rui) -4-
Defendants.
Please serve 1 Ll 10' L or an adult person in charge of the
residenceat
Very Truly Yours,
Angela W. Schofield
Paralegal
WELTMAN, WEINBERG & REIS
G.. LPA
ATTORNEYS AT LAW
2601 Koppen Bull'
436 Seventh Avenue
Pimbur& PA 15219
(412) 434-7955
CLEVELAND. COLUKBUS, CINCINNATI. PITTSBURGH
11-?wpA a
Plaintiff
NO:
Vs.
I uin L.
Defendants.
Please serve L) L... Bill / or an adult person in charge of the
residence at ??? 1PGl?hCICI ra(llfll AM llUl-
Very Truly Yours,
Angela . Schofield 00 '
Paralegal
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05359 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANKERS TRUST COMPANY OF CA NA
VS.
BULL CLAVIN L ET AL
HAROLD WEARY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon BULL CALVIN L the
defendant, at 20:10 HOURS, on the 2nd day of September
1999 at 2 WHEATFIELD DRIVE
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to DEBORAH K. BULL
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing Her attention to the contents thereof
Sheriff's Costs: So answers:
Docketing 18.00
Service 4.34
Affidavit .00
00
>
Surcharge 8.00 oTfi mas- Kline b z'FierziT
$3II.34 WE ITMAN, WEINBERG & REIS
09 /07/1999
by !0''?1 7n/?t .?iJ
epu y 5 ie it £fT
Sworn and subscribed to before me
this day of
?i J o
199_ A.D.
ro ono ar
.. %
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05359 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANKERS TRUST COMPANY OF CA NA
VS.
BULL CLAVIN L ET AL
HAROLD WEARY Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon BULL DEBORAH K the
defendant, at 20:10 HOURS, on the 2nd day of September
1999 at 2 WHEATFIELD DRIVE
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to DEBORAH K. BULL (WIFE)
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers
Docketing 6.00
Service .00
Affidavit .00
ri
Surcharge 8.00 I omah Kline,
$14.00 WEFT WEINBERG & REIS
09/07 1999
by ?epur Miur
Sworn and subscribed o before me
this J? day of
19O'e, A.D.
??ro on r??
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST CO. of CALIFORNIA
N.A., assignee of ADVANTA NATIONAL
BANK, USA,
Plaintiff
vs.
No.: 99-5359
TYPE OF PLEADING:
CALVIN L. BULL and DEBORAH K. BULL,
Defendants.
PRAECIPE TO SETTLE AND
DISCONTINUE WITHOUT
PREJUDICE
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Kimberly J. Hong
PA I.D. #74950
Weltman, Weinberg & Reis Co., L.P.A.
2601 Koppers Building
4367 th Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#01702497
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST CO, of CALIFORNIA
N.A., assignee of ADVANTA NATIONAL
BANK, USA,
Plaintiff No,: 99-5359
vs.
CALVIN L. BULL and DEBORAH K. BULL,
Defendants
PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE
PROTHONOTARY:
Kindly settle and discontinue the above-captioned matter and mark the docket
accordingly.
Respectfully submitted:
By:
Sworn tsubscribed befor
This day of '2002.
NOTARIAL SEAL
IANGELA M. SCHOFIELD, NOTARY PUBLIC
J'CITY OF PITTSBURGH, ALLEGHENY COUNTY
MY COMMISSION EXPIRES MARCH 8. 2006
Weltman, Weinberg & Reis Co., L. .Q.
Kimberly J. Hong
Waltman, Weinberg & Reis Co., L.P.A
2718 Koppers Building
4367 Ih Avenue
Pittsburgh, PA 15219
(412) 434-7955
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KNOUSE FOODS COOPERATIVE, INC.: IN THE COURT OF COMMON PLEAS
ADAMS COUNTY, PENNSYLVANIA
Plaintiff - Owner
VS.
MECHANIC'S LIEN
No.
FOOD PLANT CONSTRUCTION, INC. `? J ??Cl(Y
Defendant - Contractor
The undersigned contractor, materialman or other entity or
person furnishing services, labor or materials, known as FOOD
PLANT CONSTRUCTION, INC. (the "Contractor") intending to be
legally bound, and in consideration of the sum of ONE AND N01100
DOLLAR ($1.00) to it in hand paid by KNOUSE FOODS COOPERATIVE,
INC. ("Owner") the receipt whereof is hereby acknowledged, for
itself and any subcontractors, materialmen, laborers or anyone
else acting through or under it, covenants and agrees that no
mechanics or materialmen's liens or claims shall be filed or
maintained by it, them or any of them, against the real estate
described in Schedule "A", attached hereto and made a part
hereof, or ac_ainst any buildings or other improvements thereon
(jointly and severally, the "Real Estate"), for or on account of
any work to be done or materials furnished under the principal jNl 1998
contract between Owner and Contractor, dated moo, or y
under any supplemental contract, verbal or written, or contract
for extra work or materials relating to and work to be done or
material furnished under said principal contract. The
undersigned, for itself, its subcontractors, materialmen,
laborers and anyone else acting or claiming through or under it,
hereby waives and relinquishes all right to file a mechanics'
lien, claim or notice of intention to file any lien or claim
against the Real Estate.
The undersigned, for itself, its subcontractors,
materialmen, laborers and anyone else acting under or through it,
hereby irrevocably authorizes and empowers any attorney of any
court of competent jurisdiction of the Commonwealth of
Pennsylvania, or elsewhere, to appear as attorney for it, them or
any of them, in any such court and, in its or their name or
names, mark satisfied of record at the cost and expense of the
undersigned, any and all claims, liens, any pleading or
instrument, or any amendment to any pleading or instrument
previously filed by it or them, to incorporate therein as part of
the record this waiver and for such act or acts this waiver shall
be good and sufficient warrant and authority, and the undersigned
for itself, and for them, does hereby remise, release and
quit-claim all rights and all manner of errors, in filing such
pleading, instrument or amendment, or in any way concerning them.
Owner shall have the absolute right in its name or in the
name of the undersigned or any other entity or person who shall
have filed a claim or lien, to cause any and all such claims or
liens to be discharged by any other instrument, pleading or
proceeding permitted at law or in equity.
The undersigned hereby avers, represents and warrants that
work has commenced on the Real Estate, that materials have been
delivered to the Real Estate and that labor has been furnished
for the improvement of the Real Estate by the undersigned and by
the list of Contractor's subcontractors and materialmen attached
hereto as Schedule B.
The undersigned represents to Owner that the attached list
of subcontractors and materialmen represents all of the persons
and/or entities with whom Contractor has executed subcontracts
and that each of the said subcontractors has agreed to the terms
of this stipulation as evidenced by releases and waivers of liens
executed and delivered to Contractor by the said subcontractors
and materialmen.
The undersigned further agrees that it shall not enter into
any additional contracts with any persons or entities for work to
be done upon or materials to be delivered to the Real Estate
which are within the scope of the principal contract between
Contractor and owner for a period of ten (10) days following the
recording of this stipulation against liens.
This stipulation is made and intended to be filed with the
Adams County Prothonotary in accordance with the requirements of
the Mechanics' Lien Law of 1963 of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the undersigned has caused this
instrument to be duly executed as of the % day of
J M 1 Y , 1998.
ATTEST:
CONTRACTOR:
FOOD PLANT CONSTRUCTION, INC.
B?``'???---
Name: Clyde L. He?fp.{nan
Title: president/
Beginning at the intersection of Gablers Road and Reservoir Road Northwest-603' then North -
1274'. The Robert S. Shafer & Lois H. Shafer property is to the Southwest of this line. The
previously described line intersects Coon Road (SR 4012). Turn East - 766' to corner of
property owned by John R. Roney & Shella B. Roney. Tun Southeast - 364' to the corner of
property owned by Linwood Starner & Judith E. Stamer. Continue 357' to the corner of property
formerly owned by Orie Cline & Betty 1. Cline, currently owned by Knouse Foods. Turn
Northeast - 445' to the comer of property owned by Thomas J. Ward & Winifred M. Ward. Turn
South Southwest - 278', then turn - 273' to Gablers Road (SR 4003). Turn South on Gablers
Road - 604' to the area where the Gablers Road turns West. Turn Southeast through the existing
warehouse - 923'. Turn West at property comer of Clayton L. Warren, Jr. & Wife - 761'. Turn
Southwest along the same property 525' to Reservoir Road. Turn Northwest - 975' to the
beginning point.
SCHEDULE B
LIST OF MATERIAL SUPPLIERS AND SUBCONTRACTORS
FOOD PLANT CONSTRUCTION, INC.
FOOD PLANT ENGINEERING, INC.
B09 L. VlLLIRj In C.,
GOODKIND & O'DEA, INC.
SHIFLETT'S, INC.
DOUBL-KOLD, INC.
CERTIFICATE OF SERVICE
I, Jonathan H. Rudd, Esquire, hereby certify that on this
day of October, 1999, a true and correct copy of the
foregoing document was served by first-class, United States mail,
postage prepaid, upon the following:
Michael J. Price
Food Plant Construction, Inc.
7150 Will Rogers Boulevard
Fort Worth, TX 76140
i jJ0 athan H. Rudd
I
FOOD PLANT CONSTRUCTION
-"- ------ -------------- ---------
----------------------------------------
MOUSE FOODS
----------------------------'---------------------
In the Court of Common Pleas of
Cumberland County, Pennsylvania
judgment in favor of Plaintiff on _ MLD ___ Claim
___________
----------- ------- ------------ for f_ 436=122.00
99-5754 MLD
Vo. --- ----'---°---- Term, 19------
-------------------------------------------------- Sc tembcr 1 99
Entered ?_________________________ l9____--
---------------------------------------------------
FOOD PLANT CONSTRUCTION plaintiff
-----
in the above judgment, do appear and acknowledge that we have this day have had and received and
from KNOUSE FOODS
die d,(endant in the above Judgment, full payment and saisfaction of the sacie. with interest and costs, and desired that
satisfaction therefore shall be entered upon the records thereof.
I Curtis R. Long
And further, do hereby authorize and empower_____________________________________________________
i
theProthonotary of said Court, to appear for us
----------------------------------------------
I
and in our name and stead to enter full satisfaction upon the record of said judgment, as fully and effectually, to all
1
intents and purposes, as if wecould xxoe be personally present in person to do so. And for so doing this shall be
your sufficient warrant of authority.
In testimony whereof, have hereunto set our hands and seals this ____ 16th
day of --- December-------------------------- A.D.
President
____ _ ___ __ _ (Seal)
---------------------------------------------- (Seal)
State of Pennsylvania ______________..__________________ ________ (Seal)
Country of Cumberland,
Personally appeared before me, the subscriber, ----- Scholl.-President
__--------------------- ____________________
FOOD PLANT CONSTRUCTION, INC.
--------------------------------------------------------------------------------------- the Plaintiff in the
above judgment, and in due form of law acknowledged the within and foregoing Power of Attorney to satisfy the Judg.
ment set forth, to be act and deed, and dcsird that dm sxiie shall be filed of record in the office of the Prothon-
otary of the Court of Common Pleas of said County.
In testitnon errof, I have hereunto set my hand and seal this - ?`?• '''
?j_,(/lam . ytf H A`
day of -----
------------------------ A. D. 1 ; .`
ry: faoTAr3.t
``2(•c- ------------ w sruuT ore >
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