HomeMy WebLinkAbout99-07417.y ,
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MATTLEMAN, WEINROTH & MILLER
BY: SHARON ORAS MORGAN, ESQUIRE
Attorney ID# 60068
Suite 2226, Land Title Building
Broad & Chestnut Streets
Philadelphia, PA 19110
(215) 923-2225
CHASE MORTGAGE COMPANY F/K/A CHEMICAL COURT OF COMMON PLEAS
MORTGAGE COMPANY C/O WHITE MOUNTAINS CUMBERLAND COUNTY
27555 FARMINGTON ROAD
FARMINGTON HILLS, MI 48018
VS.
Plaintiff
MELISSA MORNINGWAKE
110 EAST SIMPSON STREET
MECHANICSBURG, PA 17055
Defendant
No.: 99- 7Y/7 cvU //;e"-
CIVIL ACTION MORTGAGE
FORECLOSURE COMPLAINT
CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT
1. Chase Mortgage Company f/k/a Chemical Mortgage Company c/o White Mountains
(hereinafter referred to as "Plaintiff') is a Mortgage Company, conducting business under the
laws of the Commonwealth of Pennsylvania and brings this action to foreclose in the Mortgage
executed between Melissa Morningwake, mortgagor hereinafter referred to as "Defendant" and
Avstar Mortgage Corporation. Said Mortgage is dated November 13, 1995 and was recorded in
the Office of the Recorder of Deeds and Mortgages in Cumberland County, Pennsylvania on
December 8, 1995 in Mortgage Book 1295, page 127. A copy of the Mortgage is attached hereto
and made a part hereof as Exhibit "A".
2. Said Mortgage was subsequently assigned as follows:
a. To The Mortgage Authority, Inc., recorded on December 8, 1995 in Book 510,
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
1. This communication is from a debt collector. This is an attempt
¦1
11
to collect a debt and any information obtained will be used for
that purpose.
2. Unless you dispute the validity of this debt, or any portion
thereof, within 30 days after receipt of this notice,
be assumed to be valid by our offices.
the debt will
3. If you notify our offices in writing within 30 days of receipt of
this notice that the debt, or any portion thereof, is disputed, our
offices will provide you with verification of the debt or copy of the
Judgment against you, and a copy of such verification or judgment
will be mailed to you by our offices.
page 61.
b. To Source One Mortgage Services Corporation, recorded on February 5, 1998
in Book 513, page 282.
c. To Chemical Mortgage Company, recorded on October 27, 1997 in Book 560,
page 445. Said Plaintiff is the proper party plaintiff herein by way of assignment.
3. The Mortgage secures Defendant's Note dated November 13, 1995 in tile amount of
$54,959.00 payable to Plaintiff in monthly installments with an interest rate of 8.0%. A copy of
said Note is attached hereto and made a part hereof as Exhibit "B".
4. The land subject to the mortgage is:
110 East Simpson Street, Mechanicsburg, PA 17005.
A copy of the legal description is attached hereto and incorporated by reference.
5. The Defendant, Melissa Momingwake is the Real Owner of the land subject to the
mortgage. The Defendant's mailing address is 110 East Simpson Street, Mechanicsburg, PA
17005.
6. The Mortgage is now in default due to the failure of the Defendant to make payments
as they became due and owing. The following amounts are due:
Principal Balance $ 52,883.55
Escrow Deficiency $ 329.38
22
831
$ 1
Interest Calculated to 12/5/99 .
,
Late Charges $ 79.84
644.18
$ 2
Attorney Fees 1
$ 57,768.17
Total
plus interest from 12/6/99 at $11.59 par day, costs of suit and attorney fees.
7. In accordance with the provision of the Act of January 30, 1974, P.L. 13 No. 6,
Section 403 (41 P.S. 403), a Notice of Intention to Foreclose Mortgage is not required in said
proceeding as the bona fide consideration is in excess of $50,000.00. A Notice of Homeowners'
Emergency Mortgage Assistance is not required in said proceeding as the same is insured by the
Federal Housing Administration under Title 11 of the National Housing Act (12 U.S.C.A. Section
1707-1715z-18). The Defendant has not cured the default.
WHEREFORE, Plaintiff requests the court enter Judgment in Mortgage Foreclosure for
the sale of the mortgage property in Plaintiffs favor and against the Defendant, in the sum of
$57,768.17 together with interest from 12/6/99 at $11.59 per day, costs of suit and attorney fees.
MATTLEMAN, WEINROTH & MILLER
BY:
Sharon Oras Morgan, Esquire
#60068
291/52674
VERIFICATION
I, Joan Carlton, state that I am the Assistant Vice President of White
Mountains f/k/a Source One Mortgage Services Corporation, servicing agent
for Chase Mortgage Company, Plaintiff herein; that I am acquanted with
the facts set forth in the foregoing Complaint; that the same are
true and correct to the best of my knowledge, information and
belief; and that this statement is made subject to the penalties of
18 Pa.C.S. section 4904 relating to the unsworn falsification to
authorities.
Jo n Carlton
s stant Vice President
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SECCRDE"I OF DEEDS
1JMBEELAO COHJY-.PA ... 5.,,
'95 DEC'. 8 PM 2 23
pared Number:
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Commonwultb ofPeamy
venla MORTGAGE PIIA Gw No.
441-510069
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Loan gumbasl 700171002
NANCY L. PAILLARO
THIS MORTGAGE ('Security llnbumcot")is given on NOVEMBER 17 ,1995 The Mongagor is
bmLISBA NOWrINONAlaE dam'
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('Borrower"). This Security butrumenl0 given b
AVSTAR UORTUAOE CORPORATION
THE COM MONMEALTS OF PENNSYLVANIA and whose
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which is orgen and ertTR under the laws o
SUITS 700
1RfIR PAARM)1Y 1RST
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eddre?f is 177 1777 B
III" SELL, PA 19421 ('I.ender'3iHm?wc ?....... ?P:. i:.s.?. t.::
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FIFTY-POOR THOUSAM NINE RUMORED PIP'rY-NINE AND 00/100 a `L1
54,959.00
U.S. S
Doges (
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This debt is evidenced by Borrower's note dated the same date rv this Security In cromcomsR'No ui w 20?grovidm for monthly
with the full debt. If not paid earlier, due and payable an Thu Security
ayments
,
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Instrument sectors to Lends (a) the repayment of the debt evidenced by the Now, with interest, and all renewaB. extrusions and
moditicatiom: (b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the security of this Security
Immona,O4 and (e) the perfomumee of Bomower's covenamts and agreements under this Security Imttumenl and dte Note. FOf
?following described property located in
Borrower does hereby mortgage, grant and convey cLender
this purpose
Ee
,
County, Pennsylvania:
Legal Description attached hereto and made a part hereof.
BEING the same promises conveyed to the Mortgagor(s) herein by dud to be ?t
recorded sisault nsously herewith, this being a purchase money mortgage given t ?^
secure the purchase price of the premises above described. ?
ID
110 OAST SIMPSON STREET MZCSANICSRORO Istrte4Cilyl.
which hM the add[rss of
Pennsylvania 170S5 Imp Gdel CProt>errY Address"):
FAA rlraeh Merr[eH •5195
dqAN DA7
9YR NO RTOAO[ FORMS • a?elril?rfeM 1, "...??7?,"? ?II`I11 IIII III I JIIy'pI
n1285 rAcE .4 VIItlPIIIIIIIIIIIMIIIIIIIIIIII
Ieae let[ t InR?WI I^ ion
TOGETHER WITH all the improvements now or hereafter erected an the property, and all easements. rights, upptmamnces,
rants, royalties, mineral, 00 and gm rights and profits, water rights and stock and all fixtures now or hereafter a pan of the
property All;e bwemmts d additions shall also be covered by this Security Inavumml All of the foregoing is referred to in
this Security Inatmment u the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby be conveyed ad has the
. Burrower right to morwarrantstgage.
and
grant and convoy the Property and that the Properly is umencurnbered, except for ?ncea
will defend generally the tide to the Property against all claims and demands, subject to any encumbrances of record,
1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, d interest on, the
debt evidenced by the Note and lam charges due under the Now.
2. Monthly Payment of Tates,Insurance and Other Charges. Borrower shall include in each monthly payment,
together with the principal end interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments
levled or to be levied against the Property, (b) leasehold payments or ground rents on the Property. and (c) premiums for
insurance required under paragraph 4. In any year in which the Lmder must N which such pay am ortme in Mae ? th?dpeW
of Housing and Urban Development ("Secretary'), or in any year
held the Security Immnment each monthly payment shag aLs0 include either. (d a sum for the annual mortgage insumnce
premium to be lurid by panda to the Secretary, or (u) a monthly charge instead of a mortgage btsumnce premium if thin Security
tht Saretary, these hunt erc called "Escrow Iwnsh? d arnount to be determined the sums paid to Lenda art Secretary. e called *EscroowFonds. the monthly charge by
Lender may, at any time, collect and hold amounts for Escrow Items in o aggregate amount not to exceed the maximum
amount that may be required for Borrower's escrow account under the Real Bs= SeWrment Procedures Am of 1974,12 U.S.C.
Section 2601 et req. and implementing regulations, 24 CFR Put 3500, u they may be emended from time to time ('RESPAP),
except that the cushion or reserve permitted by RFSPA for unanticipated d'uhunemmts or disbursements before the Borrower's
payments tie available in the account may not be bad on amounts due for the mortgage insumna premium.
If the amounts held by Lander for Escrow Icons exceed the amounts permitted to be held by RESPA. Landa shall deal with
the excess funds as required by RESPA. if the amounts of funds held by Lander at any time are not sufficient to pay the Escrow
Im ns when due, Lander may notify the Borrower and require Borrower to make up the shortage or deficiency as permitted by
RESPA.
The Escrow Ponds are pledged as additional security for all sums secured by this Security Instrument If Borrowa tenders to
tender the full payment of all such sums. Borrower's account shall be credited with the balance remaining for all insmlimot
items (a), (b), cod (c) and any mortgage insurance premium installment that Lenda his not become obligated to pay to the
Secretary. and Lander shall promptly refund my excess funds to Borrower. Immediately prior to a foreclosure Sale of the Property
or its acquisition by Lender. Borrower's account shall be credited with any balance remaining for all installments for items (a).
(b), and (e).
3. Application of Payments. AE payments under paragraphs 1 and 2 shall be applied by Lender as follows.
Et[%&. to the mortgage insurance premium to be paid by Lander to the Secretary a to the monthly charge by the Secretary
instead of the monthly mortgage insurance premium;
Second. W any axes. special auwments, leasehold payments u ground rents, d foe, flood and other hazard inmranca
preniums, m required;
Wwd to interest due under the Now
Fourth, to amortization of the principal of the Note;
, to lase charges due under the Now.
booli-I M. PACE 128
(CL•alt(PAl tuon P.a. e.1.
mcgllme 1.1
11/09 13:23 1995 FROM: TO: 2155424990 PAGE: 3
'•RiALTY4'ArW*lb5`l2115PM AM.. HORTos.Z, ;-4511 Nov' .'•95' 1?=02 No A31 63 .
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• ' ALL TWA2 ClgTA%V ile"'ar Hreal of 1anA alk"rv as ehi •.
.. briu{h of:Naahaateahuraa CdabarlsadCounty, -Paaasylradla.'aora i
' . yietlculari7'b?utdad ad da}arlbad u falleaa., to vlet ,. .
polIg W. at •a poldt'on ths."kUrn line of seat •tlapnx teseee, .
•• ' 'said point M'1rtd.47 saaa•aneeurw .1a a nartimaicarly direction a • . •,
disttinga of •136•feac from:tba asatetn.1"s of Arc?% mraael ttwna? .
• alood.salA southatU 1114 of 'Lisp tlapoon tereat forth 74 dajreer
• '. do sulAss tart-a 41eisae! of 104 fart to a 1olntl•cheaae both
ld •dasreea 0o•.6uptpp Esse•slout'tbk line of ameloer betraes ••
:=b Iba.' s.ad 1 oa cla bordLudear s"tfewd .71"*ox Tats
na sloe; a" chroudh C patty ball dad beyond,. $ dlspano*
Of -to nag . :. .11:3.70 94sq. it point an the ubrth?ru lion
ield.poRWrn It" at. Ftot A1liy /aaudh 71 defrasi .. ,,
•43 n1nutes Vast a 41rpaseito! 19;94 fact- to a polutl•t4me lbt64
. 1d.4esreea Witimutis Vint pions the'Iiaetarn ilue.etlade nr.er
laps o{ Otarlga. Markley a distanbp of 103.60 feet w ¦ point, an
. Cba,to4thare•llw o; pat'fiapaom ldreet, the ylate of IIfo1Zd71Nr. '
. I'• •fnIRO•T`pt 110.'.2 op the rlual lubdirlslon flan for Tenn f.-rarioes. ,. .
. recarded.'1n Ni clabsr}'any County.lecarder of Detls •offfts. in • • ,
plia fork, 47. 7hsa 1177.
.9tIto. pIR!N ii'•110.kede'tlnpaos'.ttsena. ' ' : .. .
tea.
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. ' td of PennsYlvanla 4 •
..'Inty of Cutnbed9nd I. -ss
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;ordod iri'the elute tor'tharecordln0 A .A_QL_
red berlend Coun
. .. .. • ,nBOOCa•r?•IVo1 Page pi"'",' 1. .-. ?....,<
rnY heh el of ofli 1q,rj',?•`
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' Flecorde
,u. OKV6J 'Rd-133: t
Flea, Flood sad Other Hannd rd leunoa. Bonowa shall inane All hrpmvemens on the Property, whether now in
aistcn¢ or Flood mid ??• against In ur havrde, ceualde, and contingent." including fire, for which Lender require
inshuena. This Whuance shell be meinudned in Ne emounsa and for the periods that Lender require. Borrower shall also Whue
mvunanu so the P mPertY. wlhether now in autcna or subsequently created, against low by floods to the extent renewed
by the ovements Aii Wuranec Shari be carried with companies approved by lender. 7be insuranco policing and any renewals
all Improvements
d shall include low payable clauses in favor of, and in a form aceepuble m, Lender.
shall be het by [.ender, an
In the event of lass, Bonewa shall give Lender immWiam notice by mail Lender may rtmte proof of by if not made
d and directed
by Bmnowa. Perch Women company concerned is hereby amhoriredirected to mate Payment for such tee
Instrument, t, t, lust to any
directly m ituhdati , Instead of to Borrower and I Lender jaintY• All of my pa of the I.,== proceeds may applied by
payment of principal. a (b) to ft Intonation to MP* of
Lender, at Its opon, either U)mthe reduction of the nil t h e paymn to P under the Now and
Scentsa deer dam of the monthly
nd then to Pro
in the ordain PafegraPh 3. amute principal shell not octant or PrarP° over m
delinquent amounts applied
the damaged Prop Any apptcadon of tun proceeds cots. Any axe ihhSurana Proceeds
erty.
payments which arc formed to in paragraph 2, o under change the amount d the such parity Security Instrument. shag be paid to the entry legally
o she Nola and t
amount requwed to pay all outstanding indebtedness
codded theeem. has extinguishes the , of tide to the Property In the event of foralonua of this security Instrument or other ""I"
tome shall pats to the purchaw.
indehlcdnrn, all right, tide and interest of BartaWamendm WnlehhCE P° Boaowa"s Loan APPWtiOni Laaeeholds.
5. occupancy, Preservation, Maintenance and Protection of the Property)
execuon of
Den veer Shall occupy, establish, and use the property as Borrowela Principal re?. deege g within sixty ? aa ? o e°Year alutr the
this Security Instrument and shall continue m occupy the PmPan1' as Borrower's pan rod rs tar
of unless
date of occupmcY. unlets the Scaaary dcunnina this requirement will cute undue hardship for Bof[owaextenuating
to
avnuoling c'ucurnstanw exist which are beyond Borrower's control. Hofrower shah notify Lends o any
loan
the low
circumstances. Borrow Sheri not commit were or destroy, dantage o substay?the property the is vaant Property or or Slow the abandoned Property
deteriorate, reasonable went and tar excepted. lender cony inspect the a overly want a abandoned Property. Borrower shag also
k in default. Lend, way sate reasonable action to protect and preserv Irdo me ion or smtments to
be In default if Borrower, during the loan application process, gave materially false or inaccurate
Lender (or failed in provide Leader with any material Information) connection on PrO a loan evidenced by the this Security principal
Of the Borrower's occoPanry lesse se a Bonow
but not ginned m, representations
chold, B m Borrower concerning Sheri comply with she Provisions of the orges If H writing. acquires tee tide to the
Instrument is on a le and fee title shill notice merged unless Lender agree m the mergerin writiting.
PmPenY.thokavAmtd and leer
S. Charges to Borruvver and Protection of Lender's Rights in the Property. Borrower shall Pay all govcmmmml or
municipal charge. fines and impositions that ale not included in paragraph 2. Borrower shall pay then obligations on time
directly to the endry which is owed the payment. If failure m pay would advamly affect Lender's interest in the Property. upon
Lender's request Borrower shall promptly furnish to Lender receipts evidencing them payments.
If Borrows falls as mate then payments or the payments rcquind by paragraph 2, or falls m par= MY other covenants
and agreements contained In this Security Instrument. Of there is a legal Placating that may Sgnifhandy affect lender's rights in
the property (Such as a proceeding N bankruptcy, for cundcrnnaton or m anima laws or regulations). then Lander of menand
pay whatever is necessary to perfect the value of the Property and Lender's rights in the Property, including payment
hazard inmrmce and other Items mentioned in paragraph 2.
Any amounts disbursed by lender under this paragraph shall become an additional debt of Bofrowa and be secured by this
Saudi Instrument. 71e513 amounts Shat bar interest from the dam of disbursement. at the Note rate. and at the option of Lender.
Shall be immediately due and payable.
7. Coadmenstion. The proceeds of any award or claim for damages. direct or conuquential. in connection with my that ranalms condemnation or afire rating of any part of the Pamount of the roperty, or for conveyanco in Place of condernnadon, am hereby assigned and shall be paid a der' to O aim of the full die reductionoftblhesairniddeebtedness under unpaid
the Noent under of side the principal Not Sec A and Security the Inge Santry and
riadon
fInstrumt. or o my Lender shall apply such Proceeds vided in paragraph 3. and then to impsym
fiat my delinquent th amours applied in the order pro the due date of the monthly payments, which are strafed to in
of the e proceeds to m the Principal slWl not octant or postpone
heehw:_?'1•
P.,.,&,
taller .4d(PA) nwq mtgliaa 1.1
h0a1295 PACE 199
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paragraph 2, or change the amount of such payments. Any crew proceeds ova an amount required to pay all outstanding
idtho dnw undo the Nom and this security Instrummt shill herald m the rndtY legally added them.
fl. Pew Leach may collect fees and Barges authorized by the ScaCAmY•
9. Grounds for Acceleration of Debt in the case of PaYmcnl defaults, the (a) Default. Lender m by regulations by rumen if: or to or
require immediate payment in full of All cures in s secured t moathly Sepocurity rky I i,,d by this Satuity hunment Prior
(f) Bomowa defaults by failing to pay MY requ
on the due date of the next monthly Paymcm, or thirty days, ro Perform any other obggM, contained in this
(III Bonowa defwlm by failing, for a period of
Security ImirumahL approval of the
(b) See Without Credit Approval. Lerida shag, if permitted by apple law and with the Prior (b) ale , requite immediate payment In full of all sums sauced by this Security fnstnmtent if:
()AU or Pat of the Property, or a bmJcid Interest in a must owning all or Pan of the Property, is sold m otherwise
aartsfcmW (other than by devise or descent) by the Borrower. ad
rw m his or her principal raidencc, or the pumbaser or
(t) The property is not occupied by the purchaser o Brach
grantee does w OCCUPY the Property but his or her alit has not been approved in aecordwce with the requvemcn
of the Secretary.
(c) No Waives. If:feroommees n our that would permit Lotter to require immediate payment is full, but [rotes does
not require such payments, Lander dote not waive its rights with respect to subsequent events.
(d) ",olationa or HUD Swttuf, In rnMY cimumsmnw reguldoas issued by the Scaerary will limit I=da's
rights to the case of payment defaults m require immediate Payment in full and foreclose if not Paid. This Security
fnsmumeadoes not authorise acdaetiUn or fomelos= i[ notpamitd by mgoilaut of ten Secretary.
(e) MortgageNot Inured. Bomowa agrees that should this Seaufp' Imoummt and the Note secured thereby not be
eligibles for htsumnw undo the Natiom1 Housing Act within 60 days from the dare hereof. Lerida may. at its option an
, by this Security
wy in full dated of all sums subsequent smmd
notwidsnandin6 anYthm6 is P?graph 9 require agent of immediate the S Payment
to 60 days from the data
hssouonmt. A written smternent as any wtmrired conclusive proof of hall be dexuacd ( , declining an iname this Severity instrument and the Note W NembY, b when the unavailability of
harsucheslndigibuity. Notwithstanding the fosegoin6, this option may not be exercised by I.Mder
inshumce is solely due to Laden s failure to remit a mortgage ineaance premium to the Scaetary.
W tatemmt Bortowa has a right to be reinsmmd if unda has rrquircd immediate payment in full because o[
1Btmro0. 0. Re faUum to pay sn amount due under the Nate or this Severity InsmommL This right applies even after foratonue
proroeerdd'uhgs ere instimtd. To rchoram the Security Instrument, Borrower shag tender N a lump cum aD amounm rerpt. f to bang
B eeedin a account current including, to the estent they as obligations or Bomuwa under this Severity Intro o (or arum
a
casts and ,enable and cusmmsry atancF fees and expcam propalY ssociated with the forccdosum PmeCed1eg• Upon
marts d that t it saurm shall remain i :fat Linda had not not
n awl remain Lender has cad not
,A,m tcmmt by Borrower, this Security loam, Lend the obligations
as if mqubal irnmtdiam payment in 'fug- However. Lodes is not e*erN within rno Yeva rimmediately P "A" meCdis f) B dus commencement of pamb minuteman after the commmcunmt of [oredmma will _
,marmmem. atemml will preclut? fomsecurity ctosWwmrnL?t grounds N the future. Of (lit)
a verrent [or cloy= proeadmg. (it) rdnst
win dvasay affect the priority of the gm orated by
== Forbearance By Lader tgranmd by Lida to my suCasmr insintacst of Borrowarshdq
11. Dore Retessed;
of amortization n of of the tlhe sums sceucrd by this Security Instrument
not mrrw: to tdcsse the intM of the origind proceings Borrower or f a sucoesr bh imam zed *w mmoodifytammorr?tion of
use W m ani CXIma time for payment
commence cure dy this against Seca any mcocssm br hr a ft a r
i waiver of or preclude the exc2d3c Of MY
the mina secured by r Security W r in ex by reason or mor demand made remedy "I notrbe a w
in fnlaesL Any fotbmrance by under in exercising son ing any right
right a rernrdy. mauutA• p
v.e•a.h a
®a.aR(PA) Vaaq mtgllaa 1.1
BOOK1295 FACE 410
r
12 Successors and Assagns Bound; Joint and Several Liability; CO-Siguses. The covenants and agreements of this
provisions m
gm of Lx.d,;.d Banower. subject Us the security Instrument shall bind and benefit the sueeessom and pmt and xvvsL. MY Borrow= who cu-signs s dos Salty
paragraph 9.b. Borrowa's covenants and agreements tend convey tat
-wity Instrument but does not execute set a)wis CO-Signin this Sw
ms of this Security Instrument; (b) is nott personally obnga ?red to pay the sums
Borrowa's Intact in she Property under the t that Lender and any other Borrower may agree to ecsend, modify, forbear or
re
accused by this Security Insrrunhen4 and (c) age
make any secommodatiooa with regard to Ina tams of this Security Imbument a she Note without that Borrow='s consent.
17. Notices Any notice m Borrowerprovided for in this Security Instrument shall be given by delivering it or by mailing it notice
the any ocher add= ocower designatcwbyy requires m Lend=. Any notice to Innda shall be given b first elms m ?ai Address Lender's first clear mail tudess applicable address saved herein or my address Lender designams by notice to Borrows. Any notice provided for in shin Security Instrument
shall be deemed to have bean given to Borrower er Lender when given m provided in this paragraph. law 14. Geverniug LAW; Severablilty. This Security Instrument shall ao earned ofy federal
Sran to and the or the the Shan not affect otha provisions of this Security instrument or the Note which can be
conflicts with ris llctim in which she Property is lasted. in the event that any provn clause this rity
ju
en effort without the conflicting previsiion. To this and the provisions of this Security Botrum a and the Now are declared to
be Severable.
IS. Boaowees Copy- Borrow= shall be given one conformed copy of this Security Instrument.
16. Assignment of Rents. Borrower unconditionally assigns and transfas to fender all the rents and nvenum of thin
Property. Barrow= audwrlrss Lender or Lenda's agents to collect the rents and revenues and hereby directs each Iran of the
property to pay the rents m Lender a Lender 's agents' However, prim to Lender's notice to Borrower of Bormwer's breach of
any covenant a ageement in the Security Instrument. Borrower shall tonal and receive all rents and mvmuc of the Pmperty as
notice for the benefit of Lender and Bortower.'Ihis assignment of rants constimta an absolute assignment and not an assignment
for additional security only.
If Lander gives notice of breach to Borrows: (a) all rents received by Borrower Shall be held by Bonowa m trustee or
benefit of bonder only. to be applied m the sums secured by the Security Instrument; rrntsd Lender shall and unpaid e isle dto or llcnda d
receive all of eta Sena of the Prepay; and (e) each tempt of the ProphrrY shall pay
agent on La der's written demand to the mnanL
Borrow" has not executed any prior assignment of the rents and has not and will not perform any acs that would prevent
Lander from exacising its rights unda this paragraph 16.
Lander shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to
Borrower. However, L enda or a judicially appointed recelva may do ro at any time them is a breach. Any application of rena
shall not cure or waive any default or invnlidam any other right or remedy of Lender. Ibis assignment of rents of the properly
shall terminate when the debt secured by the Security Instrument is paid in full.
NON-UMFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Foreclosure Procedure. If Lender require immediate payment in NB under Paragraph 9, Lender may foreclose
this Sexurily Iustrumeut by judicial pyroceeding. Laudersball a culled to collectall expenses Incurred in pursuing the
remedlesprovided in this paragraph 17, Including, but not limited to, atorneye' ran and costs of title evidence.
IS. Release. Upon payment of all sums secured by this Security Instrument, this Sawity instrument and the tale
conveyed shall tarnanate and became void. After such acouereMe. Lynda shall discharge and satisfy this Security Instrument
without charge to Borrower. Borrower shag pay any raordaton costs.
19. Waiver. Boaower, to the extent permitted by applicable law, waives and releases any error a defects in proceedings
to enforce tits Security, lnstrumcn% and hereby waives the benefit of any presort or future laws providing for stay of execution,
extension of time6 exemption from auachmcnl, levy and sale, and homencnd mxemption.
20. comrnenumcm of bidding at a shaifl's sale a other sale pumant to this Sec paragraph extend uumeextend to one has prior to the
11. Purchase Money Mortgages If any of the debt secured by this Security Insrument it lent to Borrowerm acquire We to
the Property, this Security Instrument shall be a purchase money mortgage.
Peeve We w44t MAh
a
411(PA) leeoal mt411na 3.1
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22. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is caused on the Note
or in an action of mortgage fonelomm shall be the rate Payable from time to time under the Note.
23, Rider to this Security ImtMMML If one or more rider ammeeu? d aBrrowe a and recorded tOl$e?cw4h 11tu
Seeutity Iosumnco4 the emmanu of each such rid" shall be incorporated the m
and agreements of this Security Instrument w if the rider(s) were a pan of this Security Inswment.
(Check apP?le boxumW(n))
O CPrIc Rich 0 Graduated Payment Rieh [n Otha[specify)
In planned unit D vc[opment Rider 0 am-ins Bquity Rids
BY SIGNING BELOW, Burrower accepts and agrees to the terms contained in this Sectuity Instrument and in any rider(s)
e<ectgedauted by Bonowa en record with i
µ : 'YVj •s "'YrC7 n_,.•,-, f(Scan
Rat •Borm+'er
' (Berg
•Barm?tf
-Barrover
Certificate of Resid L" PAxLLARD , do hereby certify that dm comet add,= of
I,
the whhlll-corned Lender is 1777 SEBYRY PARIOPAY WEST, SUITE 200, BLV6 BELL, PA 19422
Wimesa my bendthis THIRTEENTH dayof NOVEMBXR 1995,
}-jAttZ? PAIr. A1.0d WWer
LANCASTER
/J lti f}.>L County n:
COMMONWEALTH OF PENNSYLVANIA,
On this. the 13 doy of NOVENO"
personally appeared NRLISSA X09INWAZ
1995 before me, the undersigned office,
(mown to me (or sadsfanotily Pmvcn) to be the
person whosename is subscribed to t he within inmument and
a=ced the same for the purposes herein co?ntin4d,?'
IN WffNSSS WHEREOF.[ hereunto ??jjyy?? srq f nOd???'G,'offscial saL
My Commission FsPi+n: rla.Z.i:?SU(SY7,'".?w?Llk
4%4R(PA) 16149) PA32
of off".
'560«1295 NE 132
Multistate
NOTE
NOVIUI SR THIRTZZM
tonal
110 BAST SItIDSON STRRRT
, 1995
NECHANICSBORO , PA 17055
IP,apeny Add.].]
441-5100699
LOAN SIMMERS. 700271007
1. PARTIES
of means each parson signing at the end of this Note, and the lxrwn's successor and assigre. -ten mans
AVSTAR MORTGAGE CORPORATION
and its V00400172 Rod Suagns'
2. BORROWER'S PROMISE TO PAY; INTEREST
In name for a toes received from )ender, Borrower pmm'lw, to pay the principal sum of
FIFTY-POOR THOUSAND NIBS HOROBYO EMPTY-BIBS AND 00/100 •••....."...P°...0 .............
Dollars (U.S. S 54, 959.00 ), plus intemt, to the order of La der. AND t00y100?ged on unpaid Principal.
from the date Ofd'ubutsement0f the In roceeds by Lender. At the rate Of
percent ( 8.000 year until the full amount of Principal bas been Paid. par 3. PROMISE TO PAY SECURED
Borrower's Pmmise to pay is secured by a mortgage, deed of tnut or similar security hutroment that is dated the same dale as
this Note and called the "Security Iormunent.- That Security lostounmt protects the Lender from Iostes which might result if
Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower sha11 make a payment of principal end imecon to Lender on the full day of en I?m?onsrtbegi0iing on
JANUARY Ol 1996 , Any principal and interest remaining on the fin[ day of -
2025 . win be due m this data, which is called the -Maturity Dam."
(B) Place 1777 S array PAHRNAY WEST, SUITS 200
Payment shell be made m P.O. BOX 3022, BLUE BRLL, PA 19422-0708
or at Such other place as Lender may designate in
writing by nod= 10 Borrower.
(C) Ammar 403.27 This amount
Each monthly payment of principal and interest will be in the amount of $ .
will be pan of a larger monthly payment required by the Security Iosmment, that Shan be applied w principal, interest and other
items in the order described in the Security Instrument.
(D) ABonge to this Note for payment adjustments
If en allonge Providing for Payment adjustment is executed by Borrower together with this Note, the covenants of the
allonge shall be incorporated into and shah amend and supplement the covelmnu of this Note as if the allmnge were a part of this
Nora. [Check Applicable Wall
? Graduated Payment Allonge ? Growing Equity Allonge ?Other [specify]
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Now. in whale ec in pan, without charge or penalty, an the Pint day
ofanymonth. pHHgHygg ?Iu?y p?pB1?INA®I®4I?lHB?ttfftIlRfff tp?l,DD'fgtttllBIggg2??f8pg? II II II II
®v-1S Plwl.aa
Il1A MU1Wtale Fled H]IF Note . 2t9I °??a1utlrW WY.IYYYI IYIIOIIIIPIIIIIIIIIIIIIIIlIIIIII
I
VYP YOar0A0E FaflY! • 1e001e2I.122
P,OJ eI] InVYa; f'?lM 6HL6ZIb
6. BORROWF•R'S FAILURE TO PAY
(A) Late Charge for Overdue Payments If Lade, his not received the full monody payment required by the SaudtY InswmAnL u described in paragraph 4 Eau,
the mount of this ANtloDte d ? [Itoo d of fifteen calendar day' dice t?° P°Yi 0th dues Lc°de%) of Ne ovvadue amounts Of each payment. Of Percen (B) Default ons
Emiud if Damwa dehults by failing to pay in full any monthly payment, anl N en of the principal r btales man ring dueuand an full the Secmury in the case of payment detoulu, require Immediate MY
.1. dd, option choom not to "WC in many d ct=L L da mayWinns twat by the S eery will Weil Landa 11 rights to requ e the tmmcdiam paymAnntin ull in the
case of payment dambe. TTIr Now doca not audmriza acceleration when not pamiued by HUD regulations. As used in this Now.
'Scaeary' means the Secrcuay, of Housing and Urban Development or his or her duignee.
(C) Payment of Cwtj and Expensive
If Lerhdin his required Immediate Mimtrornefull. for enfo?g this Now Such as and costs shall bear interest fr m above, Laula may require Borrower w pay costs and
the the date date disb s reasoonable and ewmmery Ys teas
expenses Including or f dbbhusanAnr at the same rate as the prlncipel of this Note.
7. WAIVERS
Borrowa and any other paean who his obligations under this Nos waive the rights of presentment and notice o dishonor.
require 'Notice of dishonor' mans the right m
to mho require L That snout Eue have not been paid. due.
nuhhLadu to yi a hnoke e right to
I. GIVING OF NOTTCES
Unless applicable law requires a different method, my notice that must be given to Borrow= under this Note will be given by
delivering It or by mailing it by first elms mail to Borrower At the pmpeny aldras above or at a differal address if Borrower has
given lender ¦ notice of Bortowv'a different address.
Any notice that must be or at a different given eddress If Borrower EA given a notice of given ihat diffamt address, to Leader at the attires sated in
Paragraph 4(B)
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE ohBgated to iusp all of the promises node in this
If mom than one person signs this Note, each pawn [s 1y1y and permna ly
Note, Including the promise to pay the full amours[ owed. Any person who V e guummr, surety a Andorra of this Note is also
obligated to do these things. Any person who tokes ova these obligations, including the obligations of a guaem or. surety or
endmser of this Nate, Is Alm obligated to keep all of the promises merle N this Note. Lander may enforce its rights under this
Note agaWt each person individually or against all signatories together. Any one person signing this Note may be required to pay
all of the amounts owed under this Note.
BY SIGNING BBLOW, Borrower accepts and agrees to the terms and coverms contained in this Note.
/y(y?1 UdO6 UJ& hhq rP (SeW)
?$f;IAAfAdR .narorrr
.Bomrcr
•Dwm.rr .Hamner
1
SEE A1fACHED AIONGE
WITlrgeg A ALL
4W4B Phanoi r... rot
LOANS 700171001
BORROWHitS, NHLISSA NORBINOWAHH
BOTH DATSD 11/11/95 , NECHABICSBURO , PA 17055
PN STRZRT
ROAN RTyj AMOUNTS 54,959.00
L
PAY TO THE ORDER OF
THH NORTOAOH AUTSORITY, INC.
WITHOUT RRCOURSH THIS 15 DAY 07 NOVRNBHR , 1995
AVSTAR WORT OH CORPORATION
HY T, VICH Pu
D VID C. WALB
CAROL A. HIIRHH, ASST. SHCRHTAAY
PAY TO THE ORDER
PAY TO THE ORDER OF
PAY TO THE ORDER OF
WTTHOUT RECOURSE
MORTG COMPANY
GAR J.OS, !DENT
(t?
1 _i F
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V
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-07417 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY LAND
CHASE MORTGAGE COMPANY
VS.
MORNINGWAKE MELISSA
Sheriff or Deputy Sheriff of
RICHARD SMITH who being duly sworn according
CUMBERLAND County, Pennsylvania, was served
MORT FORE
the within COMPLAINT _ the
to law, says,
upon MORNINGWAKE MEL155H the 14th day of December
defendant, at 19:05 HOURS, on
1999 at 110 EAST SIMPSON STREET CUMBERLAND
ZNGWAKE
MECHANICSBURG, PA 17055 handing to MELISSA MORN
County, Pennsylvania, by
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:
Docketing
Service
Affidavit
surcharge
so answers:
18.00 111011
?
7.44 nneri
.00 omas ine,?
8.00
MATTLE
12/15/199
by 71
Sworn and subscribed to before me
this /F, day of
ae ?ev-z) A.D.
ro no ary
MATTLEMAN, WEINROTH & MILLER
BY: SHARON ORAS MORGAN, ESQUIRE
Attorney ID #60068
Suite 2226, Land Title Building
Broad & Chestnut Streets
Philadelphia, PA 19110
(215) 923-2225
CHASE MORTGAGE COMPANY F/K/A CHEMICAL COURT OF COMMON PLEAS
MORTGAGE COMPANY C/O WHITE MOUNTAINS CUMBERLAND COUNTY
27555 FARMINGTON ROAD
FARMINGTON HILLS, M148018
vs.
Plaintiff
MELISSA MORNINGWAKE
110 EAST SIMPSON STREET
MECHANICSBURG, PA 17055
No.: ? XC11 7 ` v-iL
CIVIL ACTION MORTGAGE
FORECLOSURE COMPLAINT
Defendant
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, by entering
a written appearance personally or by attorney and filing in writing
with the Court your 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.
COURT ADMINISTRATOR - CUMBERLAND COUNTY
CARLISLE, PA 17013-
717-240-6200