HomeMy WebLinkAbout99-06512
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Johnson, Duffle, Stewart & Weidner
By: David J. Lanza
I.D. No. 57782
301 Market Street
P. 0. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Hams Savings Bank
HARRIS SAVINGS BANK,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 44--4-Vc?&Z C.
CIVIL ACTION - LAW ?£ ¢?1
JAMES B. CHARLESWORTH AND LESLIE A. :
CHARLESWORTH, IN MORTGAGE FORECLOSURE
Defendants
To the Defendant:
NOT/CE 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 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 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, Pennsylvania 17013
Telephone (717) 249.3166
HARRIS SAVINGS BANK,
Plaintiff
V.
JAMES B. CHARLESWORTH AND LESLIE A.
CHARLESWORTH,
Defendants
NO. 9 9 G s'i.L Cc?.] Ti
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
1. The Plaintiff, Harris Savings Bank, hereinafter sometimes called "Mortgagee", is a national
banking business association with a principal place of business at 2"° and Pine Streets, Harrisburg, Dauphin
County, Pennsylvania.
2. The Defendants, James B. Chadesworth and Leslie A. Chadesworth, hereinafter sometimes
referred to as "Mortgagors", are adult Individuals residing at 1021 Oyster Mill Road, Camp Hill, East
Pennsboro Township, Cumberland County, Pennsylvania.
3. At all times material to the Plaintiffs cause of action, the Mortgagors have been the owners of a
tract of land and the buildings thereon hereinafter called the "land" located at 1021 Oyster Mill Road, Camp
Hill, East Pennsboro Township, Cumberland County, Pennsylvania.
4. The land is described in Exhibit "A", attached hereto and made a part hereof by reference.
5. On April 14, 1993, in consideration of the loan of Forty Thousand One Hundred ($40,100.00)
Dollars by the Mortgagee to the Mortgagors, James B. Chadesworth and Leslie A. Chadesworth, the said
Mortgagors executed and delivered to the Mortgagee, a note secured by a mortgage on the land obligating the
Mortgagors to pay the Mortgagee the principal sum with interest at the rate of 6.75 percent per annum, on the
unpaid balance in equal monthly installments of Three Hundred Fifty-Four and 85/100 ($354.85) Dollars each,
together with other terms and conditions set forth in the said mortgage. The mortgage is recorded in the
Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1128, Page 116. A
copy of said mortgage is set forth in Exhibit "B" attached hereto and made a part hereof by reference.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
6. The Defendant Mortgagors, James B. Charlesworth And Leslie A. Chadesworth, are in default
on the mortgage in that they failed to make monthly payments as required from and after April 1, 1999.
7. The Defendants are the present real owners of the land.
8. Under the terms of the Mortgage, the Defendants are also obligated to pay Plaintiff the
expenses of collection Including reasonable attorneys fees.
9. The usual and customary charge by attorneys for the collection of a delinquent mortgage is five
(5%) percent of the unpaid balance of the mortgage.
10. The amount due the Plaintiff under the mortgage is computed as follows:
Principal balance $ 28,894.82
Interest from March 1, 1999
through September 30, 1999
at 6.75% 1,138.18
Escrow deficiency 98.81
Late fees 106.44
Unapplied Credit (156.83)
5% Attorney's commission 1,504.07
TOTAL $ 31,585.49
11. The Plaintiff has complied with the provisions of Section 403 of Act No. 6, 41 P.S. 403.
12. The Plaintiff has complied with the provisions of Section 403-C of the Act of December 23,
1983, P.L. 385 No. 91, 35 P.S. Section 1680.403c.
13. The Defendants have failed to meet the time limitations specified by Section 403-C of the Act of
December 23, 1983, P.L. 385, No. 91, 35 P.S. 1680.403c.
14. The Defendants are not members of the Armed Forces of the United States and are not
entitled to any benefits of the Soldiers and Sailors Relief Act as amended.
WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of Thirty-One
Thousand Five Hundred Eighty-Five and 49/100 ($31,585.49) Dollars together with Interest thereon at the rate
of 8.75 percent from September 30, 1999, and the costs of this suit.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By: 0 IDavid J. Lanza
:127394
VERIFICATION
I, Shr ty Ahrn.S he nq _ASs?sIvM is c /art / of Harris Savings
Bank, the Plaintiff named in the foregoing Complaint, as such I am authorized to make this Affidavit on
Plaintiffs behalf and have knowledge of the facts set forth In the foregoing and that said facts are true and
correct to the best of my knowledge, information and belief. I understand that false statements made herein
are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification authorities.
C-l-vrrW?tLdr('
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EXHIBIT "A"
ALL THOSE CERTAIN tracts of land situate in the Township of East Pennsboro, County of
Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit:
TRACT NO. 1: All those certain lots of land situate in East Pennsboro Township, Cumberland
County, Pennsylvania, and known and numbered as Lots Nos. 3 and 4 on the Plan of Lots known and
designated as Oyster Mill Plan, which Plan is recorded in the Cumberland County Recorder's Office In Plan
Book 3, Page 12; each lot having a frontage of 50 feet on the east side of a public road and extending
northeastwardly to the low water mark on the Conodoguinet Creek, Lot No. 3 a distance of 260 feel, more or
less, Lot No. 4 a distance of 274 feet more or less.
TRACT NO. 2: All those certain lots known and numbered as Lots Nos. 1 and 2 on the Plan of Lots
known and designated as Oyster Mill Plan, which Plan is recorded in the Cumberland County Recorder's
Office in Plan Book 3, Page 12; each lot having a frontage of 50 feel fronting on the east side of a public
road and extending northeastwardly to the low water mark on the Conodoguinet Creek, Lot No. 1 a distance
of 232 feet, more or less, Lot No. 2 a distance of 247 feet more or less.
HAVING THEREON erected a dwelling house known and numbered as 1021 Oyster Mill Road.
TOGETHER with the right to use in common with the owners and occupiers of the other lots through
which said roadway passes, a private roadway leading from Lot No. 1 and extending southwardly to the
public road hereinmentioned, and over and across the western portion of Lots Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9
and ; 0 on the Plan of Lots hereinmentioned.
UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, conditions and rights of way
of prior record.
BEING THE SAME PREMISES which James B. Charlesworth and Leslie A. Charlesworth, by deed
dated April 14, 1993, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Deed
Book F-36, Page 891, granted and conveyed unto James B. Charlesworth and Leslie A. Charlesworth,
Defendants herein.
G /-.res - Y.2 yYf
z I a RODERT P. ZIECLER
RECORDER OF DEEDS
UMBERLAND COUNTY-PA
•}a?l? ' 3 flPR 20 fln 1143
a •.
MORTGAGE
93 THIS MORTGAGE ("Se rig Ins ru nt"l's wen o ,,,,, April 14
10 ... . Themort or is ?r a wort.: ... A' Iii rlesvorth.t,hu?hand•••'
and wif,' gag or ........................................... .............
HXRRI);"SAV1N0'S'llAN1C"""""" (-Borrower). This Security Instrument is given to ........................................
C ............................................ which is organized and existing
under ghe laws of oaasonveal:lli'oC,Pcn risyl'venia and whose address is SeegR4. ?R4..RAPA. ?LJC9AF.1..........
IiarrlsbuTX,j.A .... 17101 ...................................................................................... ("Lender
Borrower owes Lender the principal sum of ............... ................
•••••••••••••••••••••• ...................... Dollars ((U.S.s...40.,1..QO..0.0....... I.This debt is evidenced by Borrower's note
Dated the came date as this Security Instrument ("Nole7, which provides for monthly payments, with the full debt, if nog paid
earlier, due and payable on ........... May. 1,..200E ............................................... . This Security Instrument
secures to Lender: (a)) the repayment of the debt evidenced by the Note• with interest, and all renewals, extensions and
modifieatiom of the Note; (b) the payment oral) other sum, with interest, advanced under paragraph 7 to pprotect the security
of this Securit Instrument; and (c) the performance of Borrower's covenants and agreements under [his Security Instrument
and the Nole. or this?urgose, Borrower does hereby mortgage, grant end convey to Lender the following described property
located in ....umber an ................................................................................. County, Pennsylvania:
ALL THOSE CERTAIN TRACTS of land situate in the Township of East Pennaboro, County of
Cumberland and State of Pennsylvania, bounded and described as follows, to wits
TRACT NO. 1, All those certain lots of land situate in East Panneboro Township,
Cumberland County, Pennsylvania, and known and numbered as Lots Noe. 3 and 4 on the Plan
of Lots known and designated as Oyster Mill Plan, which Plan is recorded in the
Cumberland County Recorder's Office in Plan Book 3, Page 121 each lot having a frontage
of 50 fact fronting on the East side of a public road and extending Northeastvardly to
the low watermark of the Conodoguinet Creek, Lot No. 3 a distance of 260 feet, more or
less, Lot No. 4 a distance of 274 feat more or less.
TOGETHER with the right to use In common with the owners and occupiers of the other lots
through which said roadway passes, a private roadway leading from Lot No. 1 and
extending Southvardly to the public road hereinmentioned and over and across the Western
portion of Lots Nos. 1, 2, 31 4, 5, 6 7, 8, 9 and 10 on the Plan of Lots haroinmentioned.
TRACT NO. 21 All those certain lots known and numbered as Lots Nos. 1 and 2 on the Plan
of Lots known and designated as Oyster Mill Plan, which Plan is recorded in the
Cumberland County Recorder's Office in Plan Book No. 3, page 121 each lot having a
frontage of 50 feet on the East side of a public road and extending Northeastvardly to
the low water mark of the Conodoguinet Creek, Lot No. 1 a distance of 232 feet, more or
leas, and Lot No. 2 a distance of 247 feet, more or less. Having thereon erected a
dwelling house known and numbered as 1021 Oyster Mill Road.
TOGETHER with the right to use in common with the owners and occupiers of other lots
through which said roadway passes, a private roadway leading from Lot No. 1 and
extending Southvardly to the public road heralnmentlonod, and over and across the
Western protion of Lots Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 on Plan of Lots
hereinmentioned.
CONTINUED ON E%IIIOI7, " • A Act 1 AND MADE PART HENEO BY
102f, Oyscor Mtli oi? amp ? E•
which has the address or 17011 ..................u j..............................................' ........................ ,
Pennsylvania ................................ ("Property Address");
111701
TOGETIIER WITIf 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 Norrower 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 or rcwrd. Borrower
warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of
record.
TIIIS SECURITY INSTRUMENT combines uniform covenants for national use and nonuniform covenants with
limited variations byjurisdictlon to constitule a uniform security instrument covering real property.
PENNSYLVANIA-Blnpb Family-Fannle MaWhoddle Mac UNIFORM INSTRUMENT ti Fem%3039 IM arplyl/q"r
EXHIBIT "El"
UNIFORM COVENANTS. narrower and Lender covenant and agree as follows:
I. Payment of Principal and Interest; Pre symen! and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by IRe Note and any prepayment and late charges due under the Note.
2. Funds for Toe and Insurance. Subject to applicable law or to a written waiver by Lender. narrower shall pay to
LcnJcr on the day monthly payments ere due under the Nate, until the Note is paid in full, a sum ("Funds') for: (a) yearly taxes
and auetsments which may attain priority aver this Security lnstrumentmalien on the Property; (b) yearly leasehold payments
or ground rents on the Property, if any; (c) yearly harard or property insurance premiums; (J) yearly hood insurance premiums.
if any;(') ycarlymottgIge.'omnce «mmmS, if nny;and(nanysums payable by narrower in Lender, in accordance with the
provniom of paragraph N, in lira of the a)ment of mortgage insurance premiums. These items are called "Escrow Items."
Lender may, ai any time, collect and hats I•unJs in an amount not to exceed the maximum amount a lender for a ('d'rolly
related mortgage loan may rryuire for florrowers'screw account under the federal Real Estate Settlement Procedures Act of
11) 4 m am' it 'J from time in time, 12 U.S.C. § 2601 1 seq. ("RESPA"), unless another law that a plies to the Funds sets a
lesser amount. fir.. Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser Amount. Lender
may climate the amount of Funds due on the basis of current data and reasonable estimates of expenditure of future Escrow
Items or otherwise in accordance with applicable law.
The Funds shall he hell in nn inatimliais whose deposits a« insured hr, a federal agency, instrumentality, or entity
(including Lender, if Lender is such an ins titwinn)or in any ederalllnincLoao lank. Lender shall apply the Funds to pay the
Escrow Items. Lender may not charge narrower for holding and applyingg the Funds, annually analyring the escrow account, or
verifying the Escrow Items, unless Lender pays narrower interest on the i?unds and applicable law permits Lender to make such
a charge. However. Lender may require Borrower in pay a one-time charge for an independent real estate tax reporting service
used by lender in connection with this loan, units applicable law provides otherwise. Unless an agreement is made or
applicable law require interest lobe paid. Lender shall not he requited to pay Bonowerany interest orearninFaan the Funds.
Borrower and Lender may agree in writing, however, that Interest shall be paid on the Funds. Lender shall give to Borrower.
without chnrFe, 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 arc 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 In account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held byy
Lender at any time is not sufficient to pay the Escrow Items when due. Lender may so notify narrower in writing, and, In sueh
ease Borrower shalt pay to Lender the amount necessary to make up the deficiency. Borrower shall makeup 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 narrower any
Funds held by Lender. If, under Ptogteph 21, Lender shall acquire or sell the Property,Lender, prior to the acquisition or sale
of the Property, shall apply any Icunds held by Lender at the time of acquisition or sole as a credit against the sums secured by
this Security Instrument.
3. Application or Payments. Unless applicable law provide 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 applied:
fourth, to principal due; and last, to any late charges due under the Note.
6. Charger Mine. Borrower shall pay all taxes, assessmCntx, charges, fines andimpositions attributable to the Progeny
which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. narrower shall pay
these obligations in the manner provided in pParagraph 2, or if not paid In that manner, Ilorrower shall pay them on time directly
to the person owed payment. Borrowenhall promptly furnish io lender all notices of amounts to be paid under this paragraph,
if Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which hm priority mar this Security instrument unless Borrower: (MA gree
in writing to the payment of the obligation secured by the lien in a manner ecceptAhle to Lender, (b) contexts In good faith the
lien by, or defends against enforcement of the lien {n, Icgnl proceedings which in the Lender's opinion operate to prevent the
enforcement of the lien; or (c) securer from the holder of the lien an agreement satisfactory to Lender subordinating the lien to
this Security Instrument. If Lender determines that any pan of the Property is subject to a lien which may attain priority over
this Security Insttrument, Lender may give narrower o notice identifying the lien. narrower shall satisfy the lien or take one or
set forth above within 10 days of the giving of notice.
mare of the actions
S. Ifatard or Property In+urante. Borrower shall keep the Improvsments now existing or hereafter erected on the
I'rapeny insured against lass by fire, hararJs included within the term "extended coveege" and any other harards, including
roods or noodinF, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
that Lender requires. The insurance carrier pproviding the insurance shall be chosen by Borrower subject to Lender's approval
which shall not be unreasonably withheld. If narrower fails to maintain coverage described above. Lender may, at Lender's
option, obtain coverage to protect Lender i 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 (.ender requires, Ilorrower shall promptly give to Lender all receipts of
ppaid premiums and renewal melees. In the'vine of Ims, Borrower shall give prompt notice to the insurance carrier and I.ender.
I.endcr may make proof of lass if not made promptly by harrower.
Unless Lender and Borrower otherwve agree m writing, insurance proceeds shall be applied to restoration or repair of
the Property JemageA, if the restoration or repair is economically feasible and Lender's security is not lessened. If the
«stomuon or repairs not «onomicallyy feasible or Lenders Security would be lessened, the insurance proceeds shall be applied
to the sums secured by this Security Inxtrumenl, her or not then due, with any excess paid to Borrower. If Borrower
ahandnns the Property, or doe net answer within t0 Jays a notice from Lender that the insurance carrier has offered to settle is
clnim,lhen Lender may collect the imuronce pnmeeds. ender may use the proceeds to repair or restore the Property orto pay
Sums Secured by this Security Insirumenl, whether or not then due. The JO-day period will begin when the notice is given.
Unless Lender and Ilorrower 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 I and 2 or change the amount of the po ments. If
under paragraph 21 the Properly Is acquired by Lender. Borrowers right to any Insurance politics and proceeds resulting from
damage to the Property prior to the acquisition shall pats to Lender to the extent of the sums secured by this Security
6. Occupancy, Preservation, Ma)ntenante and Protection of the Properly; Borrower's Loan Application; Leaseholds.
Ilorrower shall rseeipy, estahtish, and use the I'mpeny ns 11^«oweri principal reuJrnce within sixty Jays afser the execution of
this Security Instrument and shall continue to occupy the l'ropeny as Borrower's rincipal residence far at lent one year after
she date of occupancy, unlets (.ender otherwise agrees in writing, which consent sRAll not be unreasonably withheld, or unless
extenuating circumstances exist which art M1eyond Borrower's control. Ilorrower shall not Jetroy, damage or Impair the
I'toperty, allow the Property to deteriorate, ar commit waste on the I'rnperty Ilorrower shall M1e in default if anyy forfeiture
nation or praeecJing, whether civil or criminal, i+ Drgun thsi 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. narrower may
cure such a default and reinstate, as provided in paragraph I g, by causing the action or proceeding to be dismissed with a ruling
(hat, in Lender's good faith detcrmmalinn, precluJe+ forfeiture of the Ilorroweri interest in the Properly or other material
impairment of the hen create) by this Security Instrument nr Lender's security interest. Ilorrower shall also M1e In default if
Ilorrower, During the loan application process, gave materially false ar inueunte information or statements to Lender (or
failed to provide Lender with any material information) in connection with the Ilan evidenced by the Nntr, including, but not
limited in, representations concerning Borrowers occupancy of the Property as a principal residence. If this Security
I nstrumeni is on a leasehold. Borrower shall comply with all the provisions of the lease. If narrower acquires fee title to the
Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7. protection or Lenders Rights In the Properly. If Ilorrower fails to perform the covenants and agreements contained in
this Security Instrument, or there is a legal proceeding that may significantly affect Lender i rights in the Property (such as ¦
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 Lenders rights in the Property. Lenders actions may
mcluJe paying any sums secure) by a lien which has priority over this Security Instrument, appearing In coon, paying
reasonable attorneys' fees and entering on the Property to make repair. Although tender may take action under this paragraph
7, Lender does not have to do so.
__ foan Gall 1/10 6•nsdrrs.U
t00Y.1128 FAfr 117
Any amounts disbursed by Lende der this paragraph 7 shall became addifle )debt of Borrower secured by this
Security Instrument. Unlets narrower and tender agree in other terms of payment, thess _amunis shall hear interest from the
date of ditbunement of the Note rate and shall he payable, with interest, upon notice from I.ender to Borrower requesting
payment.
If. Mortgage insurance. If Lender required mortgage insurance m a conditinn of making the Inan secured by this Security
Instrument, Ilorrowtr shall pay the premiums required to maintain the mortgage insurance in effect. IL for any reason, the
mortgage inwrance coverage required by Lender lapses or ceases to he in effect, narrower shall pay the premiums required to
Ohtain coverage suhstantially equivalent to the mortgage insurance previously in effect, at a coil substantially equivalent to the
coil to Borrower of the mortgage in+umnce previnudy in effect, from an alternate mortgage insurer approved by tender. If
tuhstantiatlycqunalent mortgage inuvance coverage it not available. llnrrnwer shall pay to Lendereneh month a sumequalm f r
one ntelkh of the mortgage int uance premium being paid by harrower when the m,suance coverage lapsed or ceased to
be in effect. Lender will accept, use and retain there payments as a loss resene in lieu of mortgage insurance. Lass reserve
paymenn may no longer he required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period
shat lender required prmided by an imurer approved by Lender agam hecnmct available and is obtained, narrower shall pay
the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage
insurance ends in accordance with any written Agreement between llnrrnwer and Lender or applicable law.
/, Irupeetion, Lender or its agent may make reasnnable entries upon anti inspections of the Property, Lander shall give
Burrower notice at the time of or prior to an intpeciion specifyin reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim flat damages, direct at consequential, in connection with any i
condemnation or other taking orally part of the Property, or far conveyance in lieu of condemnation, are hereby assigned and
shall he paid in Lender.
In the event of a total taking of file property, the proceeds shall he applied to the sums secured by this Seeurit
instrument. whether or not thendue, with anyexcesspaid to Borrower. In the event of a partial taking oflhe Propertyin which
the fair market value of the Properly immediately before the taking it equal to or greater than the amount of the sums secured
by this Security Imtrumem immediately before the taking, unless narrower and Lender otherwise agree in writing, the sums
toured by this Security Instrument shall he reduced by the amnunt tribe proceeds multiplied by the fallowing fraction: (a)che
total amount of the sums secured immediately before the taking, divided by In) the fair market value of the Property
immediately before the taking. Any balance shall be paid to narrower. In the event are partial taking of the Property in which
the fair market value of the Prnperty immediately before the taking it less than the amount of the %umt secured immediately
before the taking, unless narrower and Lender atherwise agree in writing or unless applicable law otherwise provides, the
proceeds shall be applied to the sums secured by this Security Instrument whethermr not the sums are then due.
Ifthe Pro erly is abandoned by narrower. firif, after notice by Lender to Borrower that the cnndemnaroffers to make
an award or self e a claim far damages. Ilarrower fails to respond In Lender within 10 days after the date the notice is given.
Linder it authnrized to collect and apply the proctedt, at its option, either to restoration or repair of the Properly or to the
sums secured by this Security Imi rument, whether or old then dire.
Unless Lender and narrower 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 I and 2 or change the amount of such paymenu.
It. Borrowtr Not ifelentd; Forbearance fly Lender Not a Waiver. Extension ofahe time In, payment or modincation of
amortisation of the sums secured by this Security Instrument g?ranted by Lender to any successor to interest of Borrower shall
not operate to relearn the liability of the original narrower or Borrower s successors in interest. Lender shall not be required to
commence proceedings against any succeanr in interest or refute to extend time for payment nr otherwise modify amortization j
of the sums secured by this Security Instrument by reason of any demand made by the original Harrower 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. Successnn and Assigns Hound; Joint and Several Liability; Co.signen. The covenants and agreements of this
Security Instrument shall hind and benefit the surcestors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrowers covenants and agreements shall be joint and several. Any narrower 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
Hnrrowers interest in the Property under the term% of this Security Instruments (b) is not personal y abitgated to pay the sums
secured by this Security Instrument; and (e) agrees that tender and any other Borrower may agree to extend, modify, forbear or
make any Accommodation% with regard to the terms of Phis Security Instrument or the Note without that Borrowers consent.
13. Loan Charges. If the loan secured by this Security I nit rumens it subject to a law which sets maximum loan charges,
and that law it finally interpreted to 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 (b) any turns already collected from Borrower which exceeded permitted limits will be refunded to
narrower. Lender may choose to make this refund by reducing the principal nwed under the Note or by making a direct
payment to narrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge under the Note.
16.Notlet+.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing
it by first elaa mail unless applicable law requires use of another method. The notice shall be directed to the Property Address
or any,dher add rest forrower designates by nor ice to lender. Any notice to Lender shall be given by first class mail to Lender's
address doted herein or any other address Lcndrr designates by notice hl narrower. Any notice provided for in this Security
Instrument shall he deemed to have been given to narrower at Lendct when given as provided in this paragraph.
15. Governing Low; Stvtrsbllily. This Security Instrument shall he 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 prnvitions of this Security Instrument or the Note which can be
given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note arc declared i
to be severable.
16. Borrowtr's Copy. Borrower shall he given one conformed copy of the Note and of this Security Instrument.
17. Transfer or the Property at a Brneneiai lntertst In narrower. fall or any part of the Property or any interest in iris
sold or transferred (or if a beneficial interns in Borrower is sold or transferred and Harrower is not a natural person) without
Lenders prior written content, lender may, at its option, require immediate payment in full of all sums secured by Chit security
Instrument. However, this aption ehall not be exercised by Lender if exercise is prohibited by federal IoW AS of the dale of this
f Lender exercise this nptinn. Lender shall give narrower notice of acceleration. The notice shell provide a period of
not less than 10 Jays tram the date the notice is delivered or mailed within which narrower must pay all sums secured by this
Security Instrument. If llnrrnwer folk to pay these sums prior in the expiration of this period, Len cr may Invoke any remedies
permit led by Ihis Security Instrumentwit limit further nonce fir demand on narrower.
18. Barrowtrs night In Reinstate, If Borrower meen certain conditions. narrower shall have the right to have
enforcement of this Security Imirument discontinued at any time rrior to the earlier of: (a) S drys (or such other period as
applicable law may specify for reinstatemen) before sale of the 1 topiary pun lAnt to any power of sale contained in this
Sccurily Instrument; fir lb) entry of n judgment enforcing lhii Security lnurument.Those conditions are that Borrower: (a) paya
Loader all sum, which then would be due under this Srcurity Imnument and the Note as if no acceleration had occurred; (b)
cures any default of any other covenants or agreements; (c) pays all expemes incurred in enforcing this Security Instrument,
including, but nor limited Io. reatonnhle altorneyi feet: end (d) takes such action as Lender may reasonably require to umre
that the lien of this Security Instrument. Lender s tights in the Property and Ilarrowers obligation to pay the sums secured by
rho Security Instrument thou continue unchanged. Upon reinttalement by narrower, K& 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 cote of acceleration under paragraph 17.
10. Site of Note; Change of loan Senlrrr. The Note or a partial interest in the Note (together with this Security
Itwtnimeni) mm• he told one or more times without prior notice to Ilonrnwer. A sale may result in a change in the entity (known
as the "[.Pan Servicer"1 that callem monthly payments due under the Note and this Security Instrument. There also may be one
or more changes of the Loan Sen icer unrelated ton sale of the Note. If there it a change of the Loan Servicer, narrower will be
given written notice nl the change in accordance with paragraph 11 above and applicable law. The notice will slue the name and
a? Ferro 70x1 /HO rzael MtzarU
b@%1128 P>tcl. 11x7
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. Ilarardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on of in the Property. Borrower shall not do, not allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not April yy to the presence, use, or
Iorage on the Propcity of small quantities of I lazardaus 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, agtncy at private party involving the Property and any Itarardous Substance or Environmental
Law of which Borrower has actual knowledge. If Ilorrower learns, or is notified by any governmental of regulatory authority,
that any removal or other rcmadiation of any Ilarardous Substance affecting the Property is necessary, Borrower shall
promptly take all necessary remedial actions in accordance with Environmental Lew.
As used in this paragraph 20,' Rasardous Substances" are those substances defined as toxic or haTardous substances by
Environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materiels 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, sefety or environmental protection.
NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior in ismeltration following Borrower% breach of
any cotenant or Agreement In this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law
provides otherwitt). Lender shall notify Borrower of, among other things: (a) the defaults (b) the action required to cure the
dtfaull; (e) when the default must be cured; and (d) that failure to cure the default as speclBed 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 nan•
existence of a dtfaull or any other defense of Borrower to acceleration and foreclosure. If the default It not cured as specined.
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 Stmelt instrument by judicial proceedlnL. Lender shalt be entitled to collect all expenses
Incurred in pursuing the rerrttdles provitltd In 1hl%paragraph 21, Including, Eut not limited to, attorneys' fen and costs of title
evidence to the txttnt ptrmllled 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 Ilorrower. narrower 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.
24. Reinstatement Period. BorrowerY time to reinstate provided in paragraph Ig shall extend to one hour prior to The
commencement of bidding at a sheriffs sale or other sale punuant to this Security Instrument.
2S. Purchase Monet Montage. 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. Harrower agrees that the Interest rate payable after s 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. Rlden 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 Rote Rider 0 Condominium Rider ? 14 Family Rider
p Graduated Payment Rider ? Planned Unit Development Rider ? Biweekly Payment Rider
? Balloon Rider ? Rate Improvement Rider ? Second Home Rider
O Other(s)(specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Security Imtrumeni
and ny rider(s) executed by Borrower and recorded with it.
. ............................ amei •i.A crud'rf}i.......................... (Seal)
(?/?h? -Borrower
A..
.................................................................. to ACKer1eiJor ........ (Seal)
-Borrower
COMMONWFALTII OF PrNNSYLVANIA .....................Yolk................................ County is:
On this, the ...14th ............... day of.April...................... 1993....... , before me.........................
\ .....4..NAtArY• PUMAC ................ the undersigned officer, personally appeared ..........................................
;1!m!4..Q?.. ?ihRf.l4!.MAp.SM...4Rd,1.R4j.3R.A,..Ch4.C1.CFV0.rt.ll ......................... known to me (or satisfactorily
pr , oven) to be the person 4..... whose namtA.3110Y ................ subscribed to the within instrument ap4pgkgw,ledged that
l s
,. F.h!Y............ executed the same for the purposes heron contained. ,z?,;:': N•fi*• , s ? .i
IN W TNrsi W,t Rro' h u hand and official seal.
Sod
My Commit ion gtYlltfdiD.syst.w Rue
FaMwv7ap,WMtaaet /Gff«[.H:[.'.!'`J../?• ...... ?. •. •• •y=. •, •••
kNCmmesaa vas,A»B.t976 .................11QSAPX.P_.UdLxC:_if:'_/' Q••tt.1?•?.: ....••
I unifyy that theppcerise plan of business of the within named hlortga a is Sp4pnd,!nd,j!jgf..9.5 F.gR.S!...........
...........
.... Ilarrl!burRs. p!s....,17101 .......................................................... .. ....
n
RreoRBro in the Office for Recording of Deeds in and for „Cutnborlan Y ,...•.• .................
in Mortgage Book ................. No..,............,.. Page .................. &c.
Date ............................................... Recorder ...........................................,....................
iocm 7471 ono Uewtn/tt'.MU .
.,rv f tau .... ores
;I
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record
pertaining to said premises.
BEING the same premises which James B. Charleswroth and Leslie A. Charlesvorth, husband
and wife, by deed dated April 14, 1990 and to be recorded herewith, granted and conveyed
unto the Mortgagors heroin.
THE MORTGAGORS represent and warrant that neither of the parties hereto has
heretofore instituted divorce proceedings against the other and It is further
agreed that the lion, operation and effect of this mortgage should not be
changed in any manner an a result of or part of any property settlement or
equitable distribution by the court In any divorce proceedings now or hereafter
instituted by either of the mortgagors hereto against the other.
IT IS UNDERSTOOD AND AGREED as olio of the conditions of this mortgage that Mortgagore
at their expense shall at all times during the term of this mortgage keep the pre-
mises covered with a flood insurance policy in the amount of $40,100.00 with the
Mortgagee herein to be an insured as its interest appears and upon failure of the
Mortgagors to do so shell constitute a default in this mortgage and the unpaid
balance shall become immediately dun and payable in full.
of P;nn+ylvonla
Cterr;oICumbodand SS
A.•cordod In the offift for the rat•Drding of Oeede
I andfyq/rC??rnbodand Countya_
v,hn 'J MY Val I ti0e
my hand a List Of oftke
....!...f.thhi day of l9
-? .n . C?.r.?• D ord r?
f•"rK: •? :r, . EXHIBIT "A'
i . '? , .•r r ,? tl M?"?
S
PratidC ?V Pf"'.
ii0i 112$ Face 120
..
Johnson, Duffle, Stewart & Weidner
By: David J. Lanza
I.D. No. 57782
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 7614540
HARRIS SAVINGS BANK,
Plaintiff
V.
JAMES B. CHARLESWORTH AND LESLIE A.
CHARLESWORTH,
Defendants
TO THE PROTHONOTARY:
Attorneys for Harris Savings Bank
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6512 CIVIL TERM
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
Please mark the above-captioned case discontinued.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
David J. Lanza
:129519
C
Fy ?
ti
rn U
..ti
CASE NO: 1999-06512 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HARRIS SAVINGS BANK
VS.
CHARLESWORTH JAMES B 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 CHARLESWORTH JAMES B the
defendant, at 15:44 HOURS, on the 21st day of October ,
1999 at 1021 OYSTER MILL ROAD
CAMP HILL, PA 17011 CUMBERLAND
,
County, Pennsylvania, by handing to LESLIE A. CHARLESWORTH
a true and attested copy of the COMPLAINT - MORT FORE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answer
Dockfting 18.00
Affidavit 8.00 "w-< Sheriff
Surcharge 8.00 yy QQ ,
$3 10/22/1§9DUFFIE, STEWART
by
Sworn and subscribed to before me
this _Zj_L_ day of
19 9t1 A.D.
10/11/9 1 pu- f1.& , C" a t CL...d-.:- il/13/7 9
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-06512 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HARRIS SAVINGS BANK
VS.
CHARLESWORTH JAMES B 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 CHARLESWORTH LESLIE A the
defendant, at 15:44 HOURS, on the 21st day of October ,
1999 at 1021 OYSTER MILL ROAD
CAMP HILL, PA 17011 CUMBERLAND ,
County, Pennsylvania, by handing to LESLIE A. CHARLESWORTH
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 Coats: So answers
T?+r d?-.n
servicen4 6.00
Affidavit .00
Surcharge 8.00 Kline, R. 711omas Sheriff DUFFIE, STEWART /.
1 1/1§99
by -74 r
Sworn and subscribed to before me
this /_? '?" day of
19-!?_ A.D.
T