Loading...
HomeMy WebLinkAbout03-3767NORTHWEST SAVINGS BANK, Plaintiff : IN THE COURT OF COMMON : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA JEFFERY L. COX Defendant : CIVIL ACTION 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 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. NOTICA LE HAN DEMANDADO A USTED EN LA COURTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de lan fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archival en la corte en forma escrita sus defenses o sus objeciones a law demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso or notificacacion y pot cualguier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UNA ABODAGO INMEDIATAMENTE. SI NO TIENE AGOGADO O SI NO T1ENE EL DINERO SUF1CIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC1NA CUY A DIRECCION SE ENCUENTRA ESCR1TA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 NORTHVVEST SAVINGS BANK, Plaintiff Jeffery L. Cox, : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION Defendant : NO. ~.~- 376 '7 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Northwest Savings Bank (hereinafter "Plaintiff"), is a national banking association having an office at 10 West Chocolate Avenue, Hershey, Pennsylvania. 2. Plaintiff brings this action to foreclose the mortgage dated June 5, 1989, between defendant Jeffery L. Cox, as Mortgagor, and plaintiff as Mortgagee, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book Volume 941, Page 499. 3. Defendant Jeffery L. Cox resides at 853 Kiehl Drive, Lemoyne, Pennsylvania 17043. 4. The mortgage secures defendant's certain note dated June 5, 1989 in the amount of $400,000, payable to plaintiff in monthly installments with simple interest at the rate of 10.50 percent per annum. A copy of the note is attached as Exhibit "A". 5. A Loan Modification Agreement was executed on December 31, 1993 in the amount of $346,642.78, payable to plaintiff in monthly installments with a fixed interest rate of 8.25 percent per annum. A copy of the modification agreement is attached as Exhibit "B". 6. The land subject to the mortgage is: ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of Kiehl Drive, said point being on the line between Lot No. 35 and Lot No. 34 of Section No. 5, Susquehanna Hills; thence along the northern line of Kiehl Drive by a curve to the left having a radius of 350 feet, an arc distance of 49.38 feet to a point; thence by same south 24 degrees 33 minutes west, a distance of one hundred five and sixty-four one-hundredths (105.64) feet to a point at the dividing line between Lots Nos. 34 and 33, Section No. 4, Susquehanna Hills; thence along Lot No. 33 north 40 degrees 42 minutes 30 seconds west, a distance of two hundred thirty one and ninety-eight one-hundredths (231.98) feet to a point at land of Harrisburg Academy; thence along land of Harrisburg Academy north 48 degrees 49 minutes east, a distance of one hundred twenty-five and eighty-three one-hundredths (125.83) feet to a point at line of Lot No. 35; thence along Lot No. 35 south 46 degrees 07 minutes, 50 seconds east, a distance of one hundred seventy-two and fourteen one-hundredths (172.14) feet to the place of Beginning. BEING Lot No. 34 on a Plan of Lots recorded in the Recorder's Office, Cumberland County, Pennsylvania, as Section No. 5 of Susquehanna Hills for Susquehanna Enterprises, Inc., in Plan Book 18, Page 16. UNDER and subject to the protective covenants, conditions, restrictions, reservations and limitations as set forth in an instrument entitled "Protective Covenants for Susquehanna Hills Section No. 5", dated the 24th day of May, 1966, executed by Susquehanna Enterprises, Inc., and recorded in the Office of the Recorder of Deeds for Cumberland County at Carlisle, Pennsylvania, in Miscellaneous Book 174, Page 61. BEING the same premises which Elaine K. Wolfe, single person, by deed dated 1989 and intended to be recorded herewith in the Office of the Recorder of Deeds for Cumberland 2 County at Carlisle, Pennsylvania, granted and conveyed all her right, title and interest 1 the subject property, as a joint tenant with right of survivorship to Jeffery L. Cox as the sole and individual owner of said premises. Having erected thereon a single unit dwelling known and numbered as 853 Kiehl Drive, Lemoyne. 7. The defendant is the real owner of the land subject to the mortgage and defendant's address is: 853 Kiehl Drive, Lemoyne, Pennsylvania. 8. The mortgage is in default because of defendant's failure to make the payments due January 2003, February 2003, March 2003, April 2003, May 2003, June 2003, and July 2003 and the following amounts are due on the mortgage: Principal balance $255,429.25 Interest from January 1, 2003 through July 7, 2003 at $10,825.43 ($ 58.54 per day) Late charges from January 1, 2003 through July 7, 2003 at $9,156.16 Escrow advances at $3,245.16 Attorney's commission (5%) Total $ 275,410.84 plus Attorney's commission Plus interest fi'om July 7, 2003 at $58.54 per day, late charges from July 7, 2003, and all other sum advanced pursuant to the mortgage and attorney's commission of 5% thereon. 9. In accordance with the provisions of the Act of January 30, 1974, Pub. L. 13, No. 6, § 403 (41 P.S. § 403) a Notice of Intention to Foreclose Mortgage dated March 27, 2003 was forwarded to the defendant by certified mail, return receipt requested. A copy of said notice is attached as Exhibit "C". 10. Defendant has not cured the default. WHEREFORE, plaintiff requests the Court to enter judgment of mortgage foreclosure against the mortgaged property for the amount set forth above, together with interest thereon, all other amounts advanced by Plaintiff, and an attorney commission of 5% on the total amount owed. Date: Respectfully submitted, NESTICO, DRUBY & HILDABRAND, L.L.P. Supreme C~ ~o, Esquire I.D. NO. 58868 840 East Chocolate Avenue Hershey, PA 17033 (717)533-5406 Attorney for Plaintiff NOTE ...................... ~achani.cs~u~, ............ PA ................. [City} [State] 8.5 3...Kiahl_ Ilrige.,...Lamoyne.,._~k ......... llO..~3 ............................................................................................................ [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $~.O0.~.OOQ.,.OQ .................. (this amount is called "principal"), plus interest, to the order &the Lender. The Lender is ..No~,.t~h~svo...$a.v..in. gs...Baiq.k...p.P,$A ...................... W.....Choco~.a~o..a.t,..¢o~a.-aw,..,...P..,..O~,..t~o~...960 ~...~ev~h~y.,...~A ....... a.7.03.3 ............................ I understand that the Lender rfiay transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of.....L0..50. ........... %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the _...l~.t:.... day of each month beginning on ....~.~g.u.~.~....1. ......................... 19.89..... I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on .......... ~Iu.~Ly...L ...................... ,300tl....., I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at ...i~o~t h.w. es.~..Sav, ir~s..Bank..PASA,...N.es~.....Cl~ocal~e..a~...~oaoa Av.a..,..R..0..Box-..96D.,..~terahe,g.,..Pg.....lT. 13qq'~ht a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $.[t.,A22...60 ............................ 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES Ifa law. which applies to this loan and which sets muximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder bas not received the full amount of any monthly payment by the end of ............. 3-5 ....... calendar days after thc date it is due, I will pay a late charge to the Note Holder. The amount ofthe charge will be ...5,~.C1...% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default Ill do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default I f I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after thc date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require mc to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note ltolder has required me to pay immediately in full as described above, tfie Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOT1CES Unless applicable law requires a different method, any notice that must be given to me nnder this Note will be given by delivering it or by mailing it by first class mail to me at thc Property Address above or at a different address ifI give the Note Holder a notice of my dill~rent address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. MULTISTATE FIXED RATE NOTE--single Family--FNMA/FHLMC UNIFORM INSTRUMENT lI 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, includiog the promise to pay the lull amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, stlrety or endorser of this Note, is also obligated to keep ali of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS TIlE HAND(S) AN D SEAL(S) OF THE UNDERSIGNED. ....... ..................... ......... ........................................................................................................... (Seal) ...... Witness -Borrower ..................................................... (Seal) ..................................................... ¢/'iir~;~ -Borrower ..................................................... ¢/ii;;i; ..................................................... (Seal) -Borrower [Sign Original OnlyJ MORTGAGE THIS MORTGAGE ("Security Instrument") is given on ......................... ~.~;0.~..23. ................................................. , 1 9.B.9..... The mortgagor is .~EEIERE.Y..L.....COX ..................................................................................................................... ............................................................................. ("Borrower"). This Security Instrument is given to .NO_qTRWE&T ............. SA¥.INGS..BANK._PA.SA ........................................................................................................ which is organized and existing under the laws of .Cor~mon~.eaZt h...o f...Renns ~].~ai%ia ............. and whose address is .ldes.t ..Cho0ala.te..at_Cocoa A~ em ue.,...Har, s b~ey.. P.e nn s .ya,~.ania...17.0.]33 ............................................................................................... ("Lender"). Borrower owes Lender the principal sum of ..~.~.W...HU.~.d~e~d..~q~aar~.c1...and..N.~/.L~.~....~...:~.~..-......~...m...~...-.....-.....-....-... ~-......z..:~....-...:~...rr....-....-....:~....-...:~.....~..~.`~...:~."~[~ars (U.S. $~.00.,.0Off.0O ............ ). This debt is evidenced by Borrower's note dated the same date as this Secnrity Instroment ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on ...... J. ul¥....1 ........................................................... ,...Z0.0.4 .......... This Security Instrument secures to Lender: (a) the repayment of the debt evideoced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in ..~0.~...13.O3~gh...Q~..L.~f0.Q~i%e., ................................. ~M~b.~rl ~nfl .............................. County, Pennsylvania: SEE ATTACHED DESCRIPTION which has the address of ....~.5 3...K.~.~13..1....D_r. j..y.~ ...................................................... L ~mo2tJ0.e ............................................ [Street] [City] Pennsylvania ....................... ~,?.OZl..3 ..................... ("Property Address ') [Zip Code] TOGETIIEF, Wllll all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all 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 itt this Security Instrument as Ihe "Property." BORROWER COVENANTS thal Borrower is lawfully, seised of the estate hereby conveyed and has the right to mortgage, granl and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warraats and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TlilS SECURITY INSTRUMENT cnmbines uniform covenants for national use and oon-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA--Sinsle Family--F'"'A/FHLMC UNIFORM UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Lute Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to one-twelfth of: Ca) yearly taxes and assessments which may attain priority over this Security Instrument; Cb) yearly leasehold payments or ground rents on the Property, if any; Cc) yearly hazard insurance premiums; and rd) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds clue on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (includiug Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accouoting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for tile sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to tile due dates of thc escrow items, shall exceed the amoun'~ required to pay the escrow items when due, the excess shall be, at Borrower's option, eilher promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of thc Funds held by Lender is not snfficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary to make ap the deficiency in ooe or more payments as required by Lender. Upon payment m full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 tile Property is sold or acquired by Lender, Lender shall apply, no later than immedialely prior to the sale of Ihe Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Sccnrity hlstrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in tile manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge ally lien which has priority over this Security Instrument unless Borrower: Ca) agrees in writing to the payment of the obligation secured by tile lien in a manner acceptable tn Lender; Cb) contests in good faith the lien by, or defends against enforcement of the lien iii, legal proceedings which in the Lender's opinion operate to prevent the enforcement of tile lien or forfeiture of any part of lire Property; or Cc) secures from the holder of the lien an agreement satisfilctory to Lender snbordinating the lien to this Security Instrument. If Lender determines that any part of the Property is suhjcct lo a lieo which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lieo. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giviug of not ice. $. }lazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any otker hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing tile insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid preminms and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender aud Borrower otherwise agree in writing, insuraoce proceeds shall be applied to restoration or repair of the Property damaged, if tbe restoration or repair is economically feasible and Leuder's security is not lessened. If the restoratiou or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied Io Iht sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice I'rom Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security hlstrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent o£ the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower sball not destroy, damage or substantially change tile Property, allow tfie Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of tile lease, and if Borrower acquires fee title to tile Property, the leasehold and fee title shall not merge unless Lender agrees to tile merger itl wriling. 7. Protection of Lender's Rights in the Property; Mortgal~c Insurance. If Borrower fails to perform the covenants and agreements contained in this Security lnstrunlenl, or there is a legal proceeding that may significantly affect Lender's rights in Ibc Property (such as a proceeding in bankruptcy, probate, for condenlnation or to enforce laws or regulations), then Lender may do ard pay for whatever is necessary to protect the value of tile Property and Lender's rights in tile Property. Lender's acti(ms may include paying any sums secured by a lien which has priority over this Security hlstrument, appearing m court, paying reasonable altorrteys' fees and entering on thc Property to make repairs. Althongh Lender may lake action uuder this paragraph 7, Lender does not have to do so. Any amonnls disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower anti Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement al tire Nole rate and shall be payable, with interest, upon notice from Lender to Borrower requesting paymenl. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordauce with Borrower's and Lender's written agreement or applicable law. 8, Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. lu the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (at the total amount of the sums secured immediately before the taking, divided by (bi the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abaadoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized m collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Secnrity Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument bat does not execute the Note: (at is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in tile Property under the terms of this Security Instrument; (bi is not personally obligated to pay the sums secured by this Security Iostrument; and (ct agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (at any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (bi any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the priocipal owed under the Nole or by making a direct payment to Borrower. Ifa refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. I,eglslation Affecting Lender's Rights. If enactmeat or expiration of applicable laws has the effect of rendering any provision of tile Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate puylnent in full of all sums secured by this Security lnstrunlenl aad may invoke auy remedies permit ted by puragruph 19. If Leader exercises this optinn, Lender shall take the steps specified in the second paragraph of paragruph I 7. 14. Notices. Any not)cc to Borrower prnvided fur in this Security Instrument shall be given by delivering it or by rna)ling il by first class mail uuless applicable law requires nsc of another method Thc notice shall be directed to the Properly Address nr uny other address Borrower dcsignules by notice tu Lender, Any notice to Lender shall be giveu by lirst class mull Itl Lcudcr's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for itl Ihis Security hlstrnmenl shall bc deemed to have been given Il) Borrower or Lender when given tis provided m this paragraph. 15. Governing Law; Severability. This Security Instrument shall be govcraed by federal law and the law uf the jurisdiction ill which thc Property is located. Ill the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such coati)ct shall not affect other provisions of this Sccurily Instrument or the Note which can be given cfi'ecl without the conflicting provision. To this end tile provisions of this Security Instrument attd the Note arc declared to be severable. 16. Borruwer's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property ur a Beneficial Interest in Borrower. If ali {.Pr :lily part of the Property or any interest in it is sold or Iransferred (or ifa beneficial interest iu Itorrower is sold or mmsferred and Borrower is not a natnral persmt) withuul Lender's prior written consent, Lender may, at its option, require immedmte payment in full of all sums secured hy Ibis Security Instrument, However, this option shall not be exercised by Lender if exercise is prohibited by federal law as oJ'the dale oflhis Security Instrument. If Lender exercises this option, t.ender shall give Borrower nolice ofacceleralion. The notice shall provide a period of not less than 30 days from thc dule lite notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails lo pay these sums prior ~o the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument withuul farther not)cc or demand on Borrower. 18. Borrnwer's Right to Reinstate. If Borrower meets certain conditions, Borrnwer shall have the right to have enfnrcemenl of this Security Instrument discontinued at aay time prior to the earlier of: (ti) 5 days (or such other period as applicable law muy specify fl~r reinslatement) before sale of the Property pursuant to uny power of sale coatained in this Security hlslrumcnl; or (bi entry of u judgment cnfurcing this Security Instrument. Those conditions are that Borrower: (at pays Lender ull sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (bi cures uny defauh of aoy other covenants or ugreements; (ct pays all expenses incurred in enforcing this Security Inslrun~ent, including, but not limited to, reasonable attorneys' fees: and (d) takes such action as Lender may reasonubly require m assure that the lien of this Security lnstrumeat, Lender's rights in the Property and Borrower's obligulion to pay the sums secnred by this Security Instrument shall continue nnchunged. Upon reinstatement by Borrower, this Security lnstrnment and tile obligufions secured hereby shall remain fully effective as if no acceleration had occurred, t lowcvcr, this right tn reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement !n this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding, Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shaIl be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of thc costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Release. Upon paymeot of all sums secured by this Security Instrument, Lender shall discharge this Security luslrumeot without charge to Borrower. Borrower shall pay any recordation costs. 22. Reinstatement Period, Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 23. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 24. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or irt an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower cod 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 part of this Security Instrument. [Check applicable box(es)] [] Adjustable Rate Rider [] Condominium Rider [] 2-4 Family Rider [] Graduated Payment Rider [] Planned Unit Development Rider [] Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. .......................................................................................... (Seal) --Borrower COMMONWEALTH OF PENNSYLVANIA ............................................ .CIMIlb{~22i~HC] ............ County ss: On thru' the ~'.2;g of (-~//~'~ ~ . ......................... day ................d,~..:.cZ,~. .......................... 111~.9......, before me, ..&..Iq. QJ;&P..y. ............... .... pJ~b:l.:L¢ ........................... the undersigned offieer,Vpersonally appeared ...... JF_,EE'.HE.Z..L ,...COX. ..................................... ..................................................................................................................................................... known to me (or satisfactorily proven) to be the person ........ wimse name .j.s ............... subscribed to the within instrument and acknowledged that ................ h.~ ......... executed the same for the purposes herein contained. IN WI'rNES8 WItEREOF, I hereunto set my hand and official seal. My Commission expires: ~ L ,,' ~/~ ~-/2 ?f~C~ ";¢~.~ S X" . ~ I certify that the precise place of businhss of the. ~ ~.~within named Mortgagee is .m.,..~~' ~ ~*/':~.. ~ ~: ~¢ ....... ..~.c~.~.7...../~.r....~ ......... c.2. s.*.~ .............................................. : ............ ~:::'..:: ....... :..:: ....... : ...... .............. ...................................... in Mortgage Book ....... ~.~L..f.. N~r.....~m ............ Page ....~.~ &c. Date ~...~..D.~ ~corder ........................................... ......... ........ 6'6; O. l 502 ',. LOAN POLICY OF TITLE INSURANCE Issued By COIvlHONWEALTH LAND TITLE IN',',','~R~NCE COHPANY A Refiance Group Hokli~s Company i' POLICY NUMBER C952945 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STII~ULAT1ONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack ora fight of access to and from the land; 4. Unmarketability of such title; 5. The invalidity or unenforceability of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity or unenforceability, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon: a. usury~ or b. any consumer credit protection or truth in lending law; 6. The priority of any lien or encumbrance over the lien of the insured mortgage; 7. Any statutory lieu for labor or material which now has gained or hereafter may gain priority over the lien of the insured mortgage, except any such lien arising from an improvement on the land contracted for and commenced subsequent to Date of Policy not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance; 8. The invalidity or unenforceability of any assignment, shown in Schedule A, of the insured mortgage or the failure of said assignment to vest title to the insured mortgage in the named insured assignee free and clear of all liens. IN WITNESS WHEREOF, the Commonwealth Land Title insurance Company has caused its corporate name and seal to be hereunto affuxed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY President EXCLUSIONS FROM COVERAGE The following matters axe expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (b) Any law, ordinance or governmental regulation relating to environmental protection. (c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes i.[ deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the laud for value and without knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of federal, state or local environmental protection, zoning, building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured ]I claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by ii the insured claimant to the Company prior to the date such insured claimant became an insured hereunder: (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. (CONTINUED ON REVERSE) PA20 American Land Title Association Loan Policy - 1970 (Rev. 10-17-70 and 10-17-84) Valid Only If Schedules A, B and Cover Are Attached Form 100644 Face Page ?.iOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 34,586.67 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check, certified check or money order made payable and sent to: Northwest Savinqs Bank P.O. Box 1793 Warren, Pa. 16365 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riclhts to accelerate the mortclacle debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mor!qaqed property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are staded against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00, Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, vou will not be recluired to Pav attornev's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riaht to cure the default and prevent the sale at anv time up -to one hour before the Sheriff's Sale. You may do so by pa¥incl the total amount then past due. plus any late or other charq, es then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writinq by the lender and by performinq any other repuirements under the mort,qa,qe. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 4 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Northwest Savings Bank P.O. Box 1793. Warren, Pa. 16365 1-877-300-5774 1-814-728-7724 Mark McCullough EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale wilt end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You [] may or [] may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY [] CREDIT COUNSELING AGENCIES ARE LISTED ON THE ATTACHED PAGE FF{'OtAL USE -'J,~l 18 03 09:30a VERIFICATION I, Richard Carter; verify that the statements made in the foregoing document am true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: Richard Carter SHERIFF'S RETURN - CASE NO: 2003-03767 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTHWEST SAVINGS BANK VS COX JEFFERY L REGULAR ROBERT BITNER , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE COX JEFFREY L DEFENDANT , at 1740:00 HOURS, at 853 KIEHL DRIVE LEMOYNE, PA 17043 JEFFERY COX a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 29th day of August 2003 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this 3~'~-- day of ~ o~ ~.~ A.D. ' 'Prothonotary / So Answers: R. Thomas Kline 09/02/2003 NESTICO DRUBY HIMDABRAND Deputy Sheriff