HomeMy WebLinkAbout04-0612 FEDERMAN AND PHELAN, LLP
· By: FRANK FEDERMAN, ESQ., Id. No. 12248
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
ABN AMRO MORTGAGE GROUP, 1NC.
7159 CORKLAN DRiVE
JACKSONVILLE, FL 322584455
COURT OF COMMON PLEAS
CWIL DiVISION
EDWARD BOCZ, JR.
4 MIDLAND ROAD
NEWVILLE, PA 17241
Plaintiff
TERM
CUMBERLAND COUNTY
ALESHA D. BOCZ
4 MIDLAND ROAD
NEWVILLE, PA 17241
Defendant(s)
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
File#: 85518
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF
THE DEBT OR ANY PORTION THEREOF. IF
DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO
BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
SEND DEFENDANT(S) THE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR, IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT
UNTIL THE END OF THE THIRTY (30) DAY
PERIOD FOLLOWING FIRST CONTACT WITH
YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES
THAT YOUR ANSWER TO THIS COMPLAINT IS
TO BE FILED IN THIS ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY
(30) DAYS AFTER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND
RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN
ACTION TO ENFORCE A LIEN ON REAL ESTATE.
Fi/e#: 85518
Plaintiff is
ABN AMRO MORTGAGE GROUP, INC.
7159 CORKLAN DRIVE
JACKSONVILLE, FL 322584455
The name(s) and last known address(es) of the Defendant(s) are:
EDWARD BOCZ, JR.
4 MIDLAND ROAD
NEWVILLE, PA 17241
ALESHA D. BOCZ
4 MIDLAND ROAD
NEWVILLE, PA 17241
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 02/24/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage BookNo. 1598, Page 171.
The premises subject to said mortgage is described as attached.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 09/01/2003 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File#: 85518
The following amounts are due on the mortgage:
Principal Balance
Interest
08/01/2003 through 02/11/2004
(Per Diem $21.05)
Attorney's Fees
Cumulative Late Charges
02/24/2000 to 02/11/2004
Cost of Suit and Title Search
Subtotal
$90,391.93
4,104.75
1,225.00
143.16
$ 550.00
$ 96,414.84
Escrow
Credit 0.00
Deficit 191.27
Subtotal $ 191.27
TOTAL $ 96,606.11
The attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's
Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be
charged.
Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
WHEREFORE, PLAiNTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 96,606.11, together with interest from 02/11/2004 at the rate of $21.05 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
By:
).
/'/ Zs/Francis S. Hallinan
FP~(K FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File//: 85518
~lhen recorded mai! to:
A~N ~vd~OMORTGA(~ GROUP, INC.
2600 W. BZG ~ ~.
TROZ: ~ 48084
This Is to certify this is a true
and correct copy o! the
original document.
LOAN ~t: 61045305;4
Parcel Number:.
[Space Above T~s Lb:m F~ Recor~in~ Data)
THIS MORTGAGE ("Security In,~umcnt") is g~vcn on Fg~RU~q! 24, 2000.
EDWARD BOCZ JR., A MAR~X~D ~
'Phc mon~gor is
ThisSccufityIag~'m~gntisg~vento ABa' A~,RO. MO~T,A~E ~OUP, ~RC., A DELAh~RE CORPORATION,
~ uadcr thc laws of THE STA-q"~ OF DELAWARE,
andwhoscaddrgssJs 2600 w. B/;G BEAVER RD., TROY, MICHZGA~ 48084
which is organized and
("Lender").
Borrower owcs Lcndcr thc principal sum of '******'****NINETY THREE T~OUSA~D OKE HUNDRED MrD NO/100
$93,1e0.00 ). This debt is ~,idencedby Borrower's note dated thc same datc as this S~curit7 ~nt ("Note"),
which providcs for monthly payments, wi~ the full dcb~, if not paid earlier, duc and payablc on NARC~ 1, 2030.
This Security InsmmmX secures to Lender: (a) thc repaymcm of ~hc dciX evidenced by thc Note, with intercO, and all rcncwab,
cxlcnsions and modifications of the Not. e; (b) thc paymcn~ of all other sums, with/merest, advanced raider paragraph 7 to protect
fl~c sccufiiy of this Securiv/Insmime~, and (c) lhc performs.ce of t~rrowcr's covcnanCs and agreements ,,nde, this Security
lnslmment and thc Note. For ~ purpose, Borrower docs hereby mor~gc, gran! and com, ey to Lender thc following dcscn~oed
propcny located/n CU~ERL,k~D Cotmty, Pennsylvania:
PE~SY L¥~L~L~- Sh~ Fa~ly -Ir~MA/F~LJWC UN1FOR~I I~S'r~U~NT znitlais,
Form30399DO~S~91 Page I of 8 PAVDEED PAl, DEED 912
/
which has ~hc add. ss of 4 ~X~
P~l~a 1724~ ("~ ~"~
BO~O ~ CO ~ ~t ~ 2 ~
~d~nv~~ ~ ~ ~t for ~ ~ ~~~d~
~ly ~ d~e to ~ ~ ~ ~ c~.!~ ~ ~, m~ to ~ ~ of~r~
~S SE~ ~~ ~mb~ ~o~
~o~ ~ j~on ~o ~ a ~o~ ~ ~t ~c~ r~ pro~.
~O~ CO~S. ~ ~d Lc~ ~n~ ~ a~ ~ foa~:
1. Paym~ of~p~ ~d ~te~; P~paym~t ~d
of ~ ~ on ~ ~ ~ ~ ~c Note ~d ~y p~t ~ ~tc c~ ~ ~r ~e No~
2. F~ for T~o ~d ~c~ S~j~ to a~le law or to a ~n ~ ~L ~ ~ ~ ~ ~
on ~c ~y mon~ ~ ~e d~ ~ ~c Nora,
r~ on~ ~, ff~ (c)~ ~d ~pr~ ~ p~.(d) y~ly fl~ ~ ~ ~ (~)~
~ge ~ pre~, ~ ~ (O ~ ~
8, ~ ~ of ~e ~t of ~ge ~ pr~.
~ ~Id F~ ~ ~ ~o~t not to ex~ ~ ~m~ ~o~i a le~ for a f~y ~ ~ l~ ~v ~ for
S~on 2~ 1 et ~q. (' '~SPA"), ~ ~ ~w ~i ~li~ to ~e F~ ~ a I~ ~o~c M ~, ~ ~, a ~ ~c,
coll~ ~d hold F~ in ~ ~o~i not to ~ ~ I~ ~ount. L~r ~y ~tc ~ ~t ofF~ d~ on ~ ~s of
~ent ~ ~d ~ble ~ of c~ of
~e F~ s~ ~ ~ld in ~ i~mgon w~e dc~ ~e ~ ~ a fed~ age~, i~i~, or ~V (~l~g
Lc~. ff ~cr ~ ~h ~ i~gm~on) or ~ ~y F~e~ H~ Lo~ B~. ~r ~1 a~ly ~c F~ to ~ ~ ~ It~.
~cr ~y ~t c~g~ Boa~ for hol~g ~ a~l~ng
It~, ~ ~r ~ ~o~r in~ton ~c F~appl~blc ~w~ ~to ~h ac~e. How~, ~r
~ r~m~ ~ m ~y a on~ c~ge for ~ i~nt
~s I~, ~ appli~lc ~w p~ ~. U~
s~l not ~ ~ ~ ~y ~o~ ~ ~t~ or ~ on
~ ~ s~l ~ ~d on ~e F~. ~nd~ s~l ~vc to ~ow~. ~out c~g~
cr~ ~ d~i~ ~o ~ F~ ~d ~e p~ for w~ch ~ch ~bil to ~c F~ w~ ~dc. ~c
~ for ~ ~ ~ ~ ~s S~ l~t.
Fo~ ~9 ~ ~d~ ~ Pa~ 2 of S
~OA~ Jz 6~0455854
· e ~ F~ ~ ~r~ M~ ~c ~r~en~
~ ~ m ~y ~ ~ It~ w~ duc, ~
to ~r ~ ~o~ ~ to ~ ~ ~ d~c~. ~ff~ ~ ~ up ~e d~ in no ~ ~ ~ve month~
~ ~ L~cr's ~lc ~o~
U~n ~t ~ ~1 of~ ~ ~ ~ ~
~ ~r. fi, ~ ~h 21, ~ s~ ~ or
~1! apply ~ F~ h~d ~ ~r at ~ ~c of ~fiofl or
3. ~plica~oa ~ Ps~ U~ a~blc law p~ o~, ~ ~ ~v~ ~ L~r ~r ~p~
to h~ ~; f~ ~ ~ ~;-~d ~ m ~y hm c~ ~c ~ ~ Nom.
~ ~ ~n~r p~ ~ ~ph 2, or ffn~ ~d
to ~ ~ ~ ~ga~on ~ ~ ~ hen in a ~r a~le ~ ~ ~) con~ ~ g~ ~ ~e ~ ~, or d~cn~
~ ~ve ~ a ~fi~ i~g ~ lic~ ~r
10 ~ys ~ ~ng ~ nogs.
fl~n~ for w~ ~ ~ i~. ~
~ ~ ~d. ~ ~ to ~ ~mg~ ~ a~ M~r ~, at ~d~'s ~fio~ ~ ~v~
~ ~ g~t to hold ~ ~ci~ ~d r~s. ~ ~r~
p~ ~ ~ no~c~. ~ ~c ~t oflo~, Bo~r s~ ~ve prompt
~y ~e pt~f ~1~ ff not ~ pro~ by ~.
~g~ ~ ~omfion or ~r is ~no~ly f~ble ~d L~r's ~ ~ ~t 1~ ~ ~ ~on or r~r
~no~y f~ible or L~dcr's ~ ~d ~ 1~ ~e
~ l~m, w~r or ~ ~en ~e, ~ ~
pr~. ~n~r ~y ~ ~ pr~ to ~r or r~orc ~ ~ or w ~ ~ ~d ~ ~s ~ I~ whig
or n~ ~en due. ~ 30~y ~ ~ ~fl w~n
U~ ~er ~d Bo~ o~ a~ in ~fifl~ ~y ~ph~fion of~ to p~ s~l not e~d or--nc
21 ~ Pr~ ~ a~red ~ L~r, ~wg's ~
prior w ~ ~fion s~ ~ ~ ~ to ~e ~t of
a~si~.
6. ~ap~cy, P~afion, M~f~ce ~d P~on of the ~pe~; ~'s Lo~ Appffca~on; ~hol~
~r ~1 ~, ~blis~ ~ ~ ~ P~ ~ ~r's p~ ~d~ ~ s~ ~ys ~ ~e ~ofl of~
S~ I~cm ~d s~ ~nfinue to ~ ~
~0~ ~: 610453854
of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or ualc~s e~.n~ng
circumstances exist which arc beyond Borrower's ~entroL Borrower shall not destroy, d*m%oe or impair the Property, allow the
Property to dateriorat~, or commit waste on the ProperS. Borrower shall be in default if any forfeiture action or proceeding, wis:ther
civil or crimiaal, is be~m that in Lender's good faith judgment could re~lt in forfeiture of the ~ or ~ ~~
the lien created by ~ Security In.~'ument or Lender's security mu:rest. Borrower may cure such a default and reinstate, as prov/ded
in paragraph 1 ~, by causing the aa/on or ptoce~!-~ to be d/smissed with a ruling that, ia Lender's good fa/th determiaatien, precinde~
forfe/mre of the Borrower's inter~ in ~ Prepeny or other material/mpa/rmem of the I/en created by this Security lasmunent or
Lender's security/~tere~. Borrower shall aiso be in default if Borrower, during the loan applica~on process, gave materiaily ~
or inaccura~ im-ormafion or statemen~ to Lender (or fa/led to provide Lender w/th any material/nformafion) in coun~ion with the
loan ~ by the No~, Includ/ng, but not lira/ted to, rep~:emations concerning Borrower's occupa_~y of the Prel~ny as a
prindpal reaide~e~ ffth~ $ ecufity Insmun~t is on a leasehold, Borrower ~h~!! comply with all ~eprov/s/ons ofthelease. I/'Borrow~
aequire~ fen rifle to tho Property, the lcasehdid and the fee fitl~ shai~ not merg~ u~e~ Lender agrees to the merger ~ ~
7. Protection of L~nder's Rights ia l~e Property. If Borrower ~i]~ to p~form il~ coverts and a~-eaments con*~i~xtia
this Security h~ment, or there is a l~al proceeding that may si~in~antly affe~ Lender's rights ia the Proi~rty (such as a
p _roox~__~ng ia bankruptcy, probate, for condemnagon or forfeiture or to enfor~ laws or r~gulatians), then Lender may do and pay
for what, yetis noces~ry to prott~'t the value: of the Property and Lender's fights in the Prop~ly. Lender's actions may include paying
any ~uns secured by a lien which has priority over this S~mrity I~munent, appeahng in cour~, paying reasonable alIorneys' ~
Any amounts disbursed by l~nder under this paragraph 7 *h_~q become addifio~l d~bt of Borrower secured by this Se~rity
lnstrume~ Unless Borrower and Lender agree to other terms of payment, ~ amounts shall bear intere~ f~om the date of
dis~ar~e, nt at the Note rate and shaft be payable,, with interes~ upon aotica fi'om Lender to Berrower requesting payment.
& Mortgage Im~runce. ffLender required mortgage insurance as a condition of~,~lring thc loan s~'ured by ~is Security
InsU'urnenr. Borrow~ shall pay the premiums required to maintain the mortgage in.mruncc in etf~t. I~ for any reasen, the mortgage
insurance coverage required by Lender lapsas or c~ases to be in e~ffoct, Borrower shall pay the premiums reqidrad to oblaia coverage
sub~,n~i,l~y equivalent to the mortgage insuranc~ previoudy in effect, at a cost subsiaatiaily equivalent to the cost to Bon'ow~r of
the mortgage msuranco previously in ~ from an aitcmate mortgage insurer appwvcd by Lender. If mbstangally equ/vaient
mo~gagc in.mran~ coverage is not available, Borrov, er shall pay to Letter ~ach month a sum equal to one-tw~ltth of the yearly
mortgage inscc-'anca prenUum beiag paid by Borrower when thc msuranco covcrag~ lapsed er ceased to be ia eff~,.-C Lender will accapC
use and r~aia these paymcn~ as a loss reserve in lieu of mortgage insurauc¢. Less res~'v~ payments may no longer be r~quired, at
the option of Lender, if mortgage m.suranc~ coverage (in thc amount and for ~he peri~xi lhat Lender requires) provided by an insurer
approved by Lender again b~comes available and is obtained. Borrower shall pa~ the premiums reqiared to maintain mortgage
insurunc¢ in ell'~, or to provide a loss r~erve, until the requirement for mortgage ircsuranco ends in ac~ordanc~ with any wriv, en
a~r~mcnl b~wean Borrower and L~'nder or applicable law.
9. Insl~cfioa, Lender or its agent may alak¢ rcasonabl¢ enlrias upon and inspectioas of thc ProperS. Lender shall ~ivc
Borrower no~k~ al the ~ae of or prior to an inspection Sl:~'i~ng reasonable cause for thc inspection.
10. Condemaalion. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condenu~tion or other taking of any pan of the Property, or for conv~ance in lieu of condensation, are hereby assigned and shall
I:~ paid to I~nder.
In thc event of a tolal ~,ing ofth~ Property, cbc proceeds shall be applied to thc sums .secured by this Security Ir~rumcm, whether
or no~ then due, with any excess paid to Borrower. In the event of a partial ~&iag of thc Property in which the fail market value of
the Property immediately bofo~ the tsking is equal to or greater than thc amount of the sunts secur~l by this SeCUrity lasmunem
anmediatoly b~'or~ the ~v, ia g, unle.~ Borrower and Lender otherwise agr~ in writing, the roms secured by ~ Security h~'um~nt
shall be ~ by the amount of the proceeds muhiplicd by thc following fracgon: (a) the tolal amount of the sums s~cured
immediacy before the taking, divided by (b) the fair market vaiuc of th~ Properly immedialely before the talcing. Any balance shall
be paid to Borrower. In th~ ~ve~lt of a parliai lakin§ of th~ Property in which the fair market value of u% Property immedia~ly be~r~
lhe t~kln~ is [e~ lh~ the amount of the sums secured immediately befor~ the talcing, unless Borrower and Lender othelwise agl~
in writing or tmiess applicable law otherwise provides, thc proceods shall be applied to thc sums seou'ed by this Security Instrument
whether or not thc sluns arc then duc.
/
t%n,u ~as9 s'.,so..*,r~,~lea S,~I Page 4 of 8 / PALDEF.,D
LO~ ~: 6~.0453854
ffthe Property is abendoaed by Borrower, or i~, after notice by Lender to Borrov,~r that the conderanor offer~ to ~ an award
or ~etfle a claim for damages, Borrower fails to re~pond to Lender within 30 clays after thc date the notice is given, Lender i~ anthori~i
to collect ~ apply the proc~ds, at its option, ~ther to restorafiou or r,~pair of the Prope. rty or to the sums ~ by this Security
In.~'~mout. whether or not lhou due.
Uule~ Lender and Borrower othatwiso agr~ in writing, any application of precced~ to principal shall not ex. nd or pastpone
the ~ date of the monthly payments ~ferred to in para~"apl~ I and 2 or change the amount of such payments.
11. Bot'rower Not Released; Forbearance By Lender Not a Waiver. E~tensiou of the time for payment or mod~Ca~oll of
amortizatio~t of the som~ secxtred by this Security lnatmment grante~i by Leader to any mec~ssor in interest of Borrowe:r shall not
operate to relea~ the liability of the er~nn ! Borrower or Borrower~ s succe~o~ in inter~t Lender shall no~ be roquir~ to commou~
proceedin~sagainst any successor in inter~ or refu~e to e.'aend time for paymeut er utherwiso modify amot'fi~tiou of the ~.lms secur~i
-.~ this Security h~'ament by tco~on of any demand made by the ot~nnl Borrower or Bor~w~'s sure. sots in intent Any
forbearance by Louder' in exerci~ng any right or remedy shall not be a waiver of or preclude the exerciso of any righi or ~nnedy.
12. Sure.ors and Assi~as B~md; Joint and Several Liability; Co-alders. The cove~ts andag~e~n~ents of this
Insuum~t shall bind and benefit the succe~ors and aS~gns of Lender and Borrower, subject to the provisions of paragraph 17.
Borrower's covatan~ and agrceroants shall be joint and several Any Borrower who co-sig~s ~ S~'ity/~xtouent but dce~ not
execute the Not~ (a) is co-signing this Sccur/ty Insmtmout only to mortgage, grant and convW that Borrow~'sinte~-t in the Property
trader tha terms of this Secur/~y in~'ume~t; Co) is not po'sonnlly o~ligated to pay the sums $~-'u.red by this Secority insl~cumout~ al~d
(c} ag~es that Lender and ~y o~r Borrower may agree to exte~ mnd~, forbear or ma~ a~ accemmnda6o~ v,~tt rega~ to
the terms of th~ Security Insmunent or the Note without that Borrower~s cousont.
1;~. Loan Charges. ~the loan secured by tl~s Security ~t is sub,=ct to a taw which so~ maximum loan c~arges, a~d
that law is finally interpreted so that the interest or other lo~m charge5 coliec1~ or to be oolle~ed in connection with the loan ~
the permitted limi~ thou: (a) any such lo~n charge shall be reducod by the amount necessary to reduce the charge to the permitted
ehoo~ to t.~i~e this refond by reducing the principal owed ~ the No~ or by malting a d~ct pay~lellt to ]~'l~r. ~f a refilnd
~ principal, the reduction will be t~ated as a partial prepayment without any pr~aymout charge under the Note.
14. NOtices. Any notice to Borrower provided for in this Se~rity Insmunent shall be givan by dulivenngit or by mailing it by
first class mail unle~ applicable law requ~s use of another method, The notice shall be directed to the PropoV Andre~ or any other
addr~s Borrower designates by notice to I.~nder. Any notic~ to Lender shall be given by first class mail to Lender's ~clress atated
berein or an), other address Leader designates by notice to BorroweL Any notice provided for in this Security Insmultent ~hnll. be
d~."'~l to have been given to Borrower or Lender when given as provided in this paragraph.
I$. Governing Law; S~ve. rability. This Security Instrument ~all be gevemed by federal,law and the law of tl~ju..isdictioa
in which the l~ iz located. In the ~vout that any provision or clause of this Security Lqzmunout or the Note conflicts with
applicable law. s~K:h conflict shall not affect other provi~ns of this Security ~t or tl~ Note which can be given eff~t without
the conflicting provision. To th~s end the provisions of this ,e.e~-'urity Instrument and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given ouo conformed copy of the Note and of this Security II.turnout.
17. Transfer of the Property or a Beneficial Interes~ in Borrower. If all or any pax't of the Property or any interest m it is
soM or transferred (or ifa bou¢ficlal interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender'
prior writtou collie at, Lender may. at its option, require immetliate payment in full of ali sums secured by this Security Lnstrument.
However, this option shall not be ex~ by Lender ffexer¢i.~ is prohibited by federal law as of the date of this Securityinalx'umout.
If Lender exercises Chis optiou, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not leas
than 30 days fi.om the date the notice is delivered or mailed within wlfich Borrower mua't pay all sums secured by this Seomty
In.~:umeat. ffBorrower fails to pay thee sums prior to ~e expimtiou of this period. Lender may invoke any remedies permitted by
this Security Instrument without forther notice or demand on Borrower.
18. Borrower's Right to Rein~ate. Ir'Borrower meets certain condition.s, Borrower shall have the right to have enforcement
of this Security Instrum~t discontinued at any time prior to the earlier of.' (a) 5 days (or such otherPenod as applicable law may
for reinstotement) before sale of the Properly pursuant to any power of sale contained m tiffs S4xx~rity In.q..rument; or (b) eattry of a
judgmem enforcing this S~.-cority Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be dtu:
under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
FormPENNSYLYA~NIA'$~ngleFam~IY'FNMA/FHLMCUNIFOZ'VlINSTRU~V~E~NT~I~99DO Amended SDI Page S of $ Initials: ~ ~'/~--~-'~J~'fALDEED
LOltll #~ ~i0453854
asrcements; (¢) pays all expenacs ~ncurrcd in enforcing this Security lasu'umct~ including, but not lhnited to, reasonable attorneys'
fces; and (d) h~kes such action as Lender may reasonably require to assure that ~hc lien of this Security insuumcnt, Lender's rights
in the Property and Borrower's obligalion to pay thc sirras scented by this Security instnuncnt shall continue unchanged. Upon
rein.~atemcnt by Borrower, this Security Instrument and the obligations secured hct~oy shah remain fully effcc~vc 0z if no
accuieration had occun*cd. However, this right to rein.q~c shall not apply in thc case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. Thc Note or a pm'rial intcrc~t in thc Note (together with this Security insmmtcnt)
may be sold onc or more ~ without prior notice to Borrower. A sale may result in a changc in the entity (known as glc "Loan
Servicer") that collects monthly paymen~ du~ under the Note and this Security instx~unent. Tbero also may be one or more changes
of thc Loan Servicer um'elatod to a sale of thc No~c. If there is a change of thc Loan Servicer, Borrower will be given written ~otice
of~e chan~e~ inaccordance withparagl~h 14 abevc a~lal~iicable law. Tbe ~0tice will state thc n~m~e~~ n~ ~ ~
and die addn~s to wluch paymcnls should be made. Thc notice will also coffin any other infonmlico ri:quill by at. little law.
20. 1~--. rdous Subslances. Borrower shall not can~or permit the pl~ce, ase, disposal, storage, or ~ ~H~
Substances on or in thc Property. Borrower shall not do, nor allow anyone et~c to do, anythhtgaffectingthc Properly that is inviolafion
of any Environmental Law. Thc prcneding two scntenccs shall not apply to thc pre~nce, nsc, or storage en thc Property of
qu~ities of I-la~ardons Sabsunces that arc generally recoil?cd to be appn~priatc to normal re~ential uses and to
Bon~ver shall promlXly give Lender wrinen notice of any inve~i~atian, claim, demand, lawsuit or other action by any
governmental or rebmlato~ agency or private party involving thc Property end any H~dou~ Substance or Environmental Law of
which Borrower has actoal knowledge. If Borrower lcar~, or is m~ificd by any govcramcntal or n~datory authority, that any removal
or other ~eme~!~on of any H~rdous Substance affecting the Property is necesea~y, Borrower shall promptly takc all necessary
As u~d in this paragraph 20, "H-~rd0as Subs~:c~" are those substances defined as toxic or h~rd0us substonces by
Environmental Law and the follOW~g substances: ~asolinc, ~, other flamn~lc or toxic pe~rolenm produc~ toxic pesticid~
and bethicidcs, volatile solvem.s, materials containing asbcsto~ or formaldehyde, and radicuctive materials, As uscdin this parngraph
20, ' 'l~nvironmemal Law" means federal laws and laws of gte jurisdiction where the Property is located that relau: to health, sa~
or environmental
NON4Jt'~ORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedie~ Lender shall ~ive notice to Bo~o,,er prior ~o acceleration fullowing Borrower's breach of
any covenant or a~'ement in this Security Instrument (but not prior to accrieratioa under psrngraph 17 unless applicable
law provides otherwise). Lender shall notify Borrower of, amoa~ other thin~: (~) the default', (b) the action required to cure
the dofanl~; (c) when the default must be cured; and (d) thai failure to cure the dofanlt as specified may result in acceleration
of the s~ms secured by this Security instrument, foreclosure by judicial proceeding :md sale of the Property. Lender sludl
further inform Borrower of the right to reinstate after aceeferagan end the right to assert in the foreclosure proceeding the
no~existence of a default or any other defense of Borrower to accrieraii0n and forecio~re. If the defanlt is
specified, Lender, at i~ option, tony require immediate payment in full of al! sums secu red by this Security Lustrument withont
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 para2raph 21, including, but not limited to, attorneys' fees and
co~s of title evidence to the extent permitted by appficable [aw.
22. Release. Upon payment of all sums sccurod by this Security Instramen~, this $cennty Instalment and thc estate conveyed
shall terminate and become void. After such occurrence. Lender shall discharge and satisfy this Security InslnLment without charge
to Borrower. Borrower shall pay any recordation costs.
23° Waivers. Borrower, to the extent pertained by applicable law, waives and relcasc~ any error or defects in proecedings to
cnf~rec this Security instramcm, and hereby waives the benefit of any present or future laws providing for slay of execulion, cx~nsion
of time, cxcmlXion from anachment, levy and sale. and homcsiend cxcmption.
24. l~eins~tement Period. Borrower's iime to reins~t~ provided in paragraph 15 sh~l! extend to one hour prior to the
commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
Z~. Purchaso Money Morlgage. If any of thc debt scoured by this Scenrity Instalment is lent to Borrower to acquire title to thc
Property, this $ccurity ln.sinuncnt shall be a purchase money mortgage.
~'onn ~0~9 9/gO.~n~nd~t ~1 Page 6 of 8
LOA! J~ 610a~53854
26. lmerest ~ After Judgment. Borrowe~ ag~es that the falteresl rate payable after a juclgracat is earned on ~he ~ott or
in an action of mortgage fozeclosure shaU b~ the rate payablc from 6me to time under the N~.
27. Riders to tiffs Secnrity ln~nmenc Ifone or more ziders aze ~by Borrower and recor~ m~ ~ ~
Zmstt~menL the covenaaCs and ag~.ments or, ach s~.h ~le~hnl! beincorpor~edintoandshall ~d ~ ~t ~ ~ms
amL aggem~n~ of this Security Insmanent as if the rid~(s) were a part of ¢ais Sec~ty lnsmuaenL
[Check applicable box(es)]
[-'~ .4~lju.~tble R~tc Rider ~'-~ Coadomininm Rider ~'~ 1-4 Fnmily Rider
~ Balloon Rider ~ Rat~ ~pmv_~ ~ l~i~r ~ S~oad Hom~ Ri_der_
BY SIGNING B!~LOW, Bon'ow~r accepls am:l a8~c~ ~ thc terms a~d cov,~m~ contaiaed in this Sccu~y ~ ~ma in
PALDEED
PII~SES BEING: 4 MIDI~ ROAD.
VERIFICATION
Katrina Dupuy hereby states that she is LOAN ADMINISTRATION OFFICER of ABN-
AMRO MORTGAGE GROUP, INC. mortgage servicing agent for Plaintiff in this ma~ter, that she is
authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage
Foreclosure are tree and correct to the best of her knowledge, information and belief. The undersigned
understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
SHERIFF'S RETURN -
CASE NO: 2004-00612 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ABNAMR0 MORTGAGE GROUP INC
VS
BOCZ EDWARD JR ET AL
REGULAR
CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
BOCZ EDWARD JR
DEFENDANT , at
at 4 MIDLAND ROAD
NEWVILLE, PA 17241
ALESHA D BOCZ, WIFE
a true and attested
the
1943:00 HOURS, on the 20th day of February , 2004
by handing to
copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.28
Affidavit .00
Surcharge 10.00
.00
36.28
Sworn and Subscribed to before
me this ~4 -- day of
A.D.
~ ' Prothonotary'
So Answers:
R. Thomas Kline
SHERIFF'S
CASE NO: 2004-00612 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ABNAMRO MORTGAGE GROUP INC
VS
BOCZ EDWARD JR ET AL
RETURN - REGULAR
CPL. MICHAEL BARRICK ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
BOCZ ALESHA D
DEFENDANT
at 4 MIDLAND ROAD
NEWVILLE, PA 17241
ALESHA D BOCZ
a
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
at 1943:00 HOURS, on the 20th day of February , __
by handing to
togeEher with
true and attested copy of COMPLAINT - MORT FORE
2004
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this ~L ~ day of
' Prothonotary '
So ~21swers:
R. Thomas Kline
FEDERMAN AND PHELAN, LLP
By: Frank Federman, Esquire I.D. No. 12248
Lawrence T. Phelan, Esquire I.D. No. 32227
Francis S. Hallinan, Esquire I.D. No. 62695
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
ABN AMRO MORTGAGE GROUP, INC.
VS,
EDWARD BOCZ, JR.
ALESHA D. BOCZ
Plaintiff
Defendant(s)
Court of Common Pleas
CUMBERLAND County
No. 04-612 C.T.
PRAECIPE TO WITHDRAW COMPLAINTr WITHOUT PREIUDICE r
AND DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark
this case discontinued and ended, upon payment of your costs only.
Date
Frank Federman, Esquire
Lawrence T. Phelan, Esquire
Francis S. Hallinan, Esquire
Attorneys for Plaintiff