HomeMy WebLinkAbout04-0796HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD.
Stephen McNally
Pa. ID No. 59576
1835 Market Street, 29th Floor
Philadelphia, PA 19103
Telephone: (215) 563-4470
Telecopier: (215) 568-1044
Attorneys for Plaintiff
CHRISTIANA BANK & TRUST
COMPANY AS OWNER TRUSTEE
FOR SECURITY NATIONAL
FUNDING TRUST
51 Veronica Avenue
Somerset, NJ 08873
Plaintiff
MICHAEL L. KOSTUKOVITCH
639 Hummel Avenue
Lemayne, PA 17043
AND
DIAN R. KOSTUKOVITCH
639 Hummel Avenue
Lemayne, PA 17043
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION- EQUITY
MORTGAGE FORECLOSURE
TERM
DOCKET No.Oq -'74L
Defendants
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice
are served, by entering a written appearance personally or by attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
Lawyer Referral Service
Courthouse
4th floor
Carlisle, PA 17013
Telephone: (570) 240 6200
AVISO
Le ban demandado a usted en la corte. Si usted quiere defedarse de estas demandas
expuestas en las paginas sigulentes, usted tiene viente (20) dias de plazo al partir de la fecha
de la demanda y la notificacion. Hace falta asentar una comparesencia ascrita o en persona o
con un abogado y entregar a la corte en forma asorica sus defenses o sue objeciones a las
demandas en contra de su persona. Sea avisado qua si usted no se defiende, la corte tomara
medidas y pueda continuar la demanda en contra suya sin previo aviso o notificacion.
Ademas, la corte pueda decidir a favor del demandante y requiere que usted cumpia con todas
las provisions de esta demanda. Usted puede perder dinaro o sus propiedades u ostros
derechos importantes para usted.
CUMBERLAND COUNTY BAR ASSOCIATION
Lawyer Referral Service
Courthouse
4th floor
Carlisle, PA 17013
Telephone: (570) 240 6200
HARVEY, PENNINGTON, CABOT,
GRIFFkTW4*ENNEISEN, LTD.
Dated: February 11, 2004
By:
Attorneys fo laintiff, Christiana Bank & Trust
Compans Owner Trustee for Security National
Funding Trust
HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD.
Stephen McNally
Pa. ID No. 59576
1835 Market Street, 29th Floor
Philadelphia, PA 19103
Telephone: (215) 563-4470
Telecopier. (215) 568-1044
Attorneys for Plaintiff
CHRISTIANA BANK & TRUST
COMPANY AS OWNER TRUSTEE
FOR SECURITY NATIONAL
FUNDING TRUST
51 Veronica Avenue
Somerset, NJ 08873
Plaintiff
MICHAEL L. KOSTUKOVITCH
639 Hummel Avenue
Lemayne, PA 17043
AND
DIAN R. KOSTUKOVITCH
639 Hummel Avenue
Lemayne, PA 17043
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION- EQUITY
MORTGAGE FORECLOSURE
TERM
DOCKET No. OLf - "07 4(=,
COMPLAINT IN MORTGAGE FORECLOSURE
NOW COMES the plaintiff in the above-captioned matter, Christiana Bank & Trust
Company as Owner Trustee for Security National Funding Trust ("Plaintiff'), by and through
its attorneys, Harvey, Pennington, Cabot, Griffith & Renneisen, Ltd., and files the following
Complaint in Mortgage Foreclosure:
1. Plaintiff is Christiana Bank & Trust Company as Owner Trustee for Security
National Funding Trust, with an address for purposes of service at 51 Veronica Avenue, ,
Somerset, NJ 08873. Plaintiff has duly registered to conduct business within the
Commonwealth of Pennsylvania.
2. Defendants, Michael L. Kostukovitch and Dian R. Kostukovitch, husband and wife
(hereinafter collectively known as the "Defendants") are adult individuals with their principal
residence located at 639 Hummel Avenue, Lemayne, PA 17043.
3. On August 15, 1997, Defendants borrowed the original principal amount of
$59,500.00 (the "Loan") from Contimortgage Corporation, which had a business address
located at 500 Enterprise Road, Suite 150, Horsham, PA 19044 ("Lender") and executed and
delivered a Promissory Note (the "Note") of even date. A true and correct copy of the Note
or Lost Note Affidavit is attached hereto, made a part hereof and marked Exhibit "A".
4. In order to secure the obligations arising under the Loan, Defendants executed and
delivered to the Lender a Mortgage (the "Mortgage") against the residential real property
located at 639 Hummel Avenue, Lemayne, PA 17043 (the "Property") as more particularly
described in the Mortgage. The Mortgage was duly recorded in the Office of the Recorder of
Deeds of Cumberland County on August 29, 1997, in Mortgage Book No. 1402at Page 414 et
seq. A true and correct copy of the Mortgage is attached hereto as Exhibit "B".
5. By written assignment Contimortgage Corporation assigned said note and mortgage
to Manufacturers and Traders Trust Company, as Trustee, which is in the process of being
recorded. A true and correct copy of the assignment of mortgage is attached hereto as Exhibit
C
6. Plaintiff, Christiana Bank & Trust Company as Owner Trustee for Security National
Funding Trust, is the successor-in-interest by merger, acquisition or assignment to
Manufacturers and Traders Trust Company, as Trustee. A true and correct copy of the
assignment of mortgage is attached hereto as Exhibit "D".
7. Defendant(s) defaulted under the terms and conditions of the Mortgage in that they
ceased making the regular monthly payments due under the Mortgage, and that the first such
missed payment now due is that which came due on October 20, 2000. As a consequence,
the Mortgage is in default for nonpayment.
8. The notice provisions of Act 6 of 1974, 41 P.S. Section 403 et seq. (Purdon's 2000)
("Act "6") are not applicable in this case, since the Mortgage was given to secure an
obligation in the original principal amount in excess of $50,000.00. Nonetheless, on or about
January 2, 2004, Plaintiff sent Defendants a "Notice of Intention to Foreclose Mortgage"
which notified the Defendants of the existing default, and satisfied any otherwise applicable
requirements of Act 6, and is part of the combined "Act 6 /Act 91 Notice" described in the
next paragraph.
9. On or about January 2, 2004, Plaintiff sent Defendant(s) a demand for payment and
notice of the Debtor's rights under the Housing Finance Agency Law - Homeowners'
Emergency Mortgage Assistance Act of 1983, 35 P.S. Section 1680.401(c) et seq. (Purdon's
2000) ("Act 91" and the "Act 91 Notice", respectively). As indicated above, it was part of a
combined "Act 6/Act 91 Notice". A true and correct copy of the combined Act 6 /Act 91
Notice is attached hereto as Exhibit "B" and is incorporated herein by reference.
10. Since receiving the Act 6/Act 91 Notice, however, Defendant(s) have not exercised
their right to meet with a representative of a Consumer Credit Counseling Agency as
contemplated by Act 91, or to arrange for a face to face meeting with the lender, and the
thirty (30) day time period afforded for this purpose by Act 91 has expired.
11. Since Defendants' receipt of the Combined Act 6/Act 91 Notice, the Defendants
have not honored Plaintiff's demand for payment under the Mortgage. As a result, as of
December 31,2003 the following amounts were fully due and owing under the Note and
Mortgage:
Principal balance: $ 1,884.63
Accrued Interest to 12/31/03 $ 605.78
Late charges $ 128.35
Prior servicer corp. advance $ 308.55
Attorneys' Fees: $ 1,300.00
Court Costs: $ 155.50
Title Report Expense $ 287.00
TOTAL REAL DEBT $4,669.81
Plus additional interest accruing after December 31, 2003 at the
rate of 9.8% per annum, or $.51 per diem, together with
any other charges or costs collectible under the Mortgage,
including reasonable attorney's fees and costs.
WHEREFORE, Plaintiff respectfully requests the entry of a judgment in mortgage
foreclosure, in its favor, for the amount due, $4,669.81, as of December 31, 2003 plus
additional interest accruing after December 31, 2003 at the rate of 9.8% per annum, or $.51
per diem, and any other charges or costs collectible under the Mortgage, including reasonable
attorney's fees and costs, and for judicial sale of the mortgaged Property, and the proceeds
distributed according to applicable law, and for such other and further relief as is just and
proper.
Respectfully submitted,
HARVEY, PENNINGTON, CABOT,
GRIFFI' LTD.
Date: February 11, 2004 13
Stephen
Attorney
VERIFICATION
I, Vlu'k? 69"151
amthe - -? MC -nc'Lt--of
S 1\ } So J v t c?' n C,,r ?? and, as such, am authorized to make this verification on its behalf. I
verify that the averments contained in the foregoing Complaint are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 re\latiing to on Zification to authorities.
V Name: (? i C d o? C?Yt l S I
'/ Title:
Dated: ??//07<? IY?c ?2?
EXHIBIT A
Iv rruaII I: •;7 rmbth AbhAW mmiu TEL:610 834 9744
0004065094
w BALLOON NOTE
z (Fixed Rate)
1
THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE
PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE
LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME.
YOU WILL, THEREFORE. BE REWIRED TO MAKE PAYMENT OUT OF OTHER
ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO: FIND A LENDER, WHICH
MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE
MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY
SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW
LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER.
Auquat 15 ,19 97
[city]
679 BWatOL AYANOS, Lm"m, Perr¢rylvania 17641
IlFratmmy APdnetl
IsMUI
P. 008
1. BORROWRIPS PRONUSR TO PAY
In Mtom far a lesn that I bave Mteived. I Merles m pay U.S. $ $9,900.00 (the anwunt is taus
•'paileipar), ptm insween. so the order of On Leader. The Leader Is
CWTZI=Tamm COP.PMTI0N
I understand that des I.aWar may rens(a this NOW The Leader or anyone who Wm title Not by 9W4ferOd who IS emtOd
to receive petroleum under Oaks Note is called the "Nom Hdda.'
A 11V'TERRST
latem will ha charged on unpaid principal until On full amount of principal has ban Pai0.1 will pay i mm at a Yalt(Y
to of 9.006 IS.
Thor homN ram teBrited by this Section 2 is the ran I will pay both before mad altar any tidaua dw" in Section e(B)
... ,
of the NOW.
& PAYMENT'S
W Time and Place of Payment
.i , 1 will pay pindpd and wow by arelartS prytnetm every man& '
I will ambe my moaddy payment an tlN 70th day of mb mcoth beghmhtg an
saptembor . 19 97 . I Will make these paymmm; every mama until I have paid as of the prkr#d And
imeat and my new charges described below that I may owe under Otis NOW. My mmugtly paymenOf wig to $Wild o
bmleat be= principal. If, an Auamt 70 7017 • , 1 fig Owe snotmtl papa this
NOW I will pay thom anaam in full on due dab,. which it called do'Mmft Date.' .
I will make my monthly payments at Soo smusu Wes am, 8=72 16O
BOV =. PA 19040. .aatadilfawuplace Urerpthed by i6eNon HoWa.
•• (B) AOPOaxI of Mentaly gaymant ? .
My MMOW payment will.be in the Mount of U.S. $ : S13.79 .
0, BORROWER'S RIGHT TO PREPAY •
.i I hewn am right to mWm paymet of principal at any den before they am dues A payment of Principal only is Im rem es a
"yrapgmoW Wham I mars apmpaymem.l will all the NOW Node in writing that I M doing an.
I may tndn a fall ptepaymmt or pedet pmpaymatb wWmm laying coy pmpgmam charge. Tae NOW Holpa will me all
of my peepgmNm to madam the am0Y0rof prmati all that i owes undw this Mw/Jm?,a V I male a parent pmpapm L awn will be
an changes In the doe dam or in 04 amount of my ,m000dy payment tpnnt'tlm NOW Holder agmes het writing b Ihme
changes.
A LOAN CHARGES
If a law, which applies to mis Imp ad which no m ximom Wan charges, is gamily buarpreted an that the intamst or other
ben charges collard or to be collard in connection with this ham esaed the pamised limits. Own: (g any Pack ism
cheap ftU be reduced by do amount necessary to seduce Ow charge to She permitted beat and 00 any sums already
coDowd hem mn which exceeded paadmad Seeks will be rdWdd to me. Thor NOW Folder may choose o mdm War mfaed
by "inches the principal I owe Oda Ibis Now or by maklas a direct paymam In Me. If a MAW aduom pinapal, the
reduction will be wood as a Imrbnl prepaymwd.
It. BORROWER'S PAD,URE TO PAY AS RBODUIED
(A) Late Chagas far Overview Payment
R Om Note Folder hes not «eoivad ate full maw of any Mtesnthly payment by am end of
10 cabnder drys dw the data it is dn0. l will pay a to charge to an Nee Holder.
The amount of du charge wig be 5.00 % Of my ovdue paymwrt d 1dm and inwut I wW yay skis hale
cbbp tewmpay bat onry onceam each wit psymant.
(B) Dsonh
If I do 116t Pay an full 0=0 Of deal monthly pgmawt sea du data it Is due, l .art to in dodub.
wMLWnAraaaLLeeNNaee MAW MaR.W"M Fan* FMara UW"MINIMUMYT r.,MPweml
hpI MP
rh?•am014AM -' vwMONT"GEFORM P'3)tm•4100-ewaa?»PI 1p1?1?1NE?m?n??111II1 MMMa: °Mf P.,
AUG.-15'911FRI1 12130 PIONEER AGENCY PLNTG TEL:610 834 9144
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(C) Notkv of Delanh
141 w in do"dw Now Holder may ,fend me a wraan make was me that if 100 not pay mss ovwdue Mama by a
ewin dew, der Now Holder may Move ms to pry Immediately die felt amount of principal which hs and been paid and an
thd intmaw that I owe on that arrant. Thu data must be, at heel 30 days ahoy Ova dew on which der notice is delinwed a
mailed to era.
(D) No Waive By Note Holder
Even it. a a time wfan I an in default, the Wes Holder does not require me an pay EmmbiWlY is fall as de ribed above.
On Noe Holder Will still haw the dght to do p if I am in defmb ma later rims.
(9) Payment at Note Holder's Cana =0 Expenses
If the Now Howe boa rgovad mss to pay immdbidy in Poll as described above, she Note Homo will have the right to be
lowf back by on, fa all of pa cow end mciamen In enforcing this Now as to exam not prohibited by applk" lour. Those
experts indaft for memo, ma unable suornsyi fem.
7. GIPINO OF NOTICES
Unless applicable law requires add OW method, any notice that must be given te me wader this Note Will be given by
delivering It or by ambling h by fog class mad to me at fin elopers Address ab*n or At s different address H I give dm Now
Holds arotcs of my diffetem aadWn.
Any MAIN ono emu be given to der Nee Holder under thin Now wen be Seven by mathug it by fan ebte and m the Note
Holdnm to enNess stand in Section 3(A) nave or u a diBemt addrem if 1 w given a malice of dm diNmem addrm.
L OBLIGATIONS OF PERSONS UNDER THIS NOTE
H mac then ON person signs this Now, emh person It (ally ad personally obdgm d to keep all of der Promises made in
ft NOW lodudbag the promise to pay the Pod want owed. Any person who is m Seem on. sway or sodssa of olds Now
is also obligated m do them things. Any garcon who Wes over dam chbgmaas. WJudmg der obdpdons of a goemanor,
spats ce ardwaso of ibis Now. is oleo obggaad m ksp all of the pmmima mp le b this Noe. The Nam Howe may soft=
its rights under this Now op ewtanch person individually or spied all of an mgethir no team the my one of as may be
repelod u pay all of the soothe owed under this, Now. (•
9.WAIVERS
1 ad any other pp'ma' who hs oblipdma under ibis Now weirs do right' of Vemadanent endtmotkro of dhlwaor.
'PresuheneriC mom Ina right to require dw Nat Holder a demand pay" of tepee thus. vNalitti of didamme' mew
the dght to mquke the Now Holder an give notice to other persons that smowns?doe6awrat Was paid. ^ .
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10. UNIFORM SECURED NOTE
Thin Nona is a madfdrrtn instrument with Imsid varirks in saes J akt.6se. in addition to the In*mc ions given as to
Now Folder under dds Now, a Mompp, Deed of Do or Soon* Dud (ws."SaCwiry lawaecor), dated IIN tut am an
thin Now. pmmaw On Now Holds &ao poaible Ion ebien might rcemlt if I do amt kap thppenhiw`shbh I man in dis
Now. That Security holllpw describes; haw and under who cmdmoat I may be acquired to man brahadhw Paymen[ In
toll of all amounte I were tender aids Now. Same dChore dondidOna>ti deaeribad 7th follows :. i
Teemew or the Property or a Be sencidl Internet in Borrows. U'N1 or any pat pf Oa P operw or my
i obtaet in It b sold at aatafared (a if a baie6dal taen/W is Borrower b sold or mawftmd and Bo ntwe', -t
Is not a named person) Moves Landers pia wriuwh w ensm. Lawlei toy, at is optah, rpu es Mwd iM .. S
.. payment in Yell of all sums sawed by fhb Swift loamaw. Hweva, this option skid me be eaaeimt . ''
by Lender B enwelm b pmNHad by federal law e W Yon des o<thin Sedmiy Iastranhenl.
H lender mundane this option, YaMtr shed pro Borrower mtien or acolmatm The :wtioc eked
.' provide a pwlod'of rot ins din 30 days firm Ow due the eolice is delivered or madsd,'wiibbi W" '
Borrowmt amt pay 4 stns shamed by dds Saariy Instrument. Irgatower DUs to pay abso stmt pear
to on 6piaedOn of this period, laser Imy invon my rdmddis?ppmiWd by thin Satmt tamm ma)t .
withau fmthw nod= or demand on Borrower. ' ..{;
WrrNESS THE HANICIM AND SEAL (S) OF THE ?Uh1,Dfi/RS1 TED. • :t y ' '
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EXHIBIT B
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GUAKERTOWN+ PA 18951
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MORTGAGE. 0004045e94
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THIS MORTGAGE ("Security Instrument") is given on August 15, 1997. The mortgagor Is
31CH= L. KOSTDKOVZTCB DIAN R. K09TUKOVITC9 Tr
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CORPORATION
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which is organize: and existing under the laws of DHLANARS and whose
address is 500 8"EIRPRISS ROAD, SOTTS 150, $ORettatt, DA 19044 P
Borrower owes Lender the principal sum of r
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VXFTY MW THOUSAND fIVB
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This debt is Ovidemced by BotrOwgt's note dated the same dam as this Securhy Instrument ("Noss'), which provides for monthly
payments, with the full debt: V, not paid earlier, due and payable on August 70, 2022 This Security
Imssument secures to l ender. (4) the repayment of the debt evidenced by the Nola, with inwast. end ail renewals, extensions and
moditkations of the Altei (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
Nom. For this purpose. Borrower does hereby mortgage. grant and convey to Leader the following described p qWW Joemed m
Cumberland Coanty, PeDnsylvanla:
SHE EWT9IT "AM
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AUG.-15' 97(FRI1 12;35 PIONEER 36ENCl• POIN TEL :610 834 97.44, P.00?'
TOGETHER WITH ell the improvements now or hereafter erected on the property, and all easements, appurtenances, and
fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument
All of the foregoing is referred to in Nis Security Instrument as the "Property."
BORROWER COVFNANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property and that the Property n unencumbered, except for racumbnmces of record Borrower warrants and
will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COMNANTS. Borrower and Lender covenant and agree as follows:
L Payment or principal and Interest; Prepayment and Late 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 an the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Finds') for: (a) yearly taxes
and assessments which may attain priority over this Security Instrument as a lien on the Property. (b) yearly IeasMOld payments
of ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if
any: (e) yearly mortgage insurance premiums, if any, and (f) any sums payable by Borrower to Lender, in accordance with the
provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. Than items are Called "Escrow Items."
Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related
mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as
amended from time to time, 12 U.S.C. Section 2601 or req. ("RESPA"), unless another law that applies to the Funds sets a loser
amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount Lander may
estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or
otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality. or entity (including
Lander, if Lender is such an institution) or in any Foderal Home Loan Bank. Lender shall apply the Funds to pay the Escrow
Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow, account, or verifying
tho escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge.
However. Lander may require Borrower w pay a one-dine charge for an independent real estate to repotting service used by
Lender in connection with this loan, unless applicable law provides otherwise. Ur':ss an agmement is made or applicable law
requires interest to be paid, Leader shall not be required to pay Borrower any interest or earnings an the Funds. Borrower and
Lender may agres in writing. however, that interest shall be paid on the Funds. Lender shall give so Borrower, without charge. an
annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit m the Funds was
made Funds are pledged as additional security for all sums secured by this Security Instrument .
U Funds bald by Lender exceed the amounts permined to be hold by applicable law, Lender shell account m Borrower for
the excess Funds In accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is
not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay
to Lender the amoda_nt necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve
monthly payments, at`iender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument Lender shall promptly refund to Borrower any Funds
hell by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Leader, prior to the acquisition or sale of the
Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums sectored by this
Security Instrument
3. Application of Payments. Unloss applicable law provides otherwise, all payments received by Lender under paragraphs
1 and 2 Shall be applied: first to any prepayment charges due under the Note: second, to amounts payable under paragraph 2;
third, to interest due; fourth, to principal due; and last, to any Iota charge due under the Note.
4. Charges; Liens. Borrower s,'aall pay all taxes, assessments. charges, fines and imtwxidons an-ibutable to the Pmperry
which may attain priority over this Security Instrmcmt and leasehold payments or ground rents, if any. Borrower shag pay those
obligations in the 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
Sarrower makes these payments direr-ay. Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lies which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to to payment of the obligation secured by the lien in a manner acceptabk to Lender; (b) contest; in good faith this lien
by. or defends against enforcement of the lien in, legal proceedings which io the Lender's opinion operate to prevent doe
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory m Lender subordinating der Simi to
this Security Instrument It Lender determines that any pan of the Property is subject to a lien which may attain priority over tiro
Security Instrument Lander may give Borrower a notice identifying the lien. Borrower shall sadat,Yythe lien or aim one a
of the actions set forth above within 10 days of the siMna of midM,
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AUG. 415'97 (FRI) 1:;3 PIONEER AGENCY PLMTG• y
TEL: 610.834 :'9;44
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by Cure, hazards included within the term "extended coverage" and any other hazards, including floods or
flooding. for which Lender requires insuranoe_ This insurance shall be maintained In the amounts and for the periods that Lender
requires. Thee insurance carrier providing the insurance shag be chosen by Borrower subject to Lender's appto`val •cih`ich shall not"
- :. be arraWriably whhbeld if Bo rower fails to maintain coverage described above, Lender may, at Lender's option, obtain
avenge to protect Lender's rights in the Property in accordance with pamgrapb 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lander shall
have the right to hold the policies stud renewals. If Lender requires. Borrower shall promptly give to Lander all seecipo of paid
premiums and renewal nodes, In the.event of loss, Borrower shag give prompt notice to the insurance carrier and Lender. Leader
may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing. insurance proceeds shall be applied w restoration or repair of The
Property damage!, if the restoration or repair is economically feasible and Lender's security is not lessened. If she rwtoradon & •
repair is not amomieafly feasible or Lender's secarity would be lessened, the insurance proceeds shall be applied so the suave
secured by this Security Instrument, whether or not than. due, with any excess paid w Borrower. If Borrower abandons the
Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to. settle a claim. Net
Lander may collect the insurance proceed:. Lender may use the proceeds to repair & restorer the Property or to nay sums secured
by this Security Insaument, whether or not then due. The 30-day period will begin when the notice is given.
Unlaces Lender and Borrower otherwise agree in writing, any application of proceeds to principal shag not extend or postpone
the due data of the monthly payments referred to in paragraphs i and 2 or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting fold damage to the
Property prior w the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately
prior w the acquisition.
6. fkeuparicy, Preservation Mafntesnsace and Protection of the Property; Borrower's Loan AppUcmimi Laasebolds.
Borrower shall occupy, establish, and use the Property as Borrower's principal resideace within sixty days after the execution of
this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for a kW one year alter the
date of occupancy, unless Lefler otherwise aeram in writing, which consent shatt not be unreasonably withheld, at rmless
extmudng circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property.
allow the Property to deteriorate, or commit waste an the Property. Botrowcr.shall be in defeuh if any farfaturo action c:
proceeding, whether civil or criminal, is t"sgun do in Lender's good faith judgment could result in forfeit= of the Pmpcq or
otherwise mat Wy impair the lien aeaad by this Security Instrumeat or Leader's security interest. Borrower may acre such a
default and miasma, as provided in paragraph 18. by causing the action or proceeding to be dismissed with a ruling Nat, in
Lender's good faith determines, precludes forfeiture of the Borrower's interest in the PMpaty, or oU maretfJorprairmem of
the lien crated by this Secnuhy_ LuOr usLor Lender's security hturcst: Borrower absdf also be in, detanlt if Borrower. daring the
loaq applit 6t process. gave rifit6iially false or inaccurate information' or staterneau w Lender (or fuzed to provide Lender with
I y'matetial information) in cbnnoction with the Imtn avidenced by the Now, including, but not UW*d to, representations
conaitning Borrower's occupancy of the Property as a principal residernce, If this Security Instrument is on a leasdtold. Borrower
*9 comply with all provisions of fits lease. If Borrower aoquaes fee tide w the Property, the leasehold and IM lee dda shall
not merge unless Lender iignas to the merger in writing. . - .
• '7. Protection of Leader's Pilgbb in the Property. If Borrower Wb to perform the covenants and agreements contained in
this Security Instrument, or there is a legal proceeding do may significantly affect Lender's rights in the Propery (such as a
prooeeding in badmvtcy, probate, for condemnation or forfeiture or to aafotre laws or regulatim), then Lasdettnay der and pa):
tot whatever 0 necessary to protect this value of the Property and Lender's rights in the Pioperiy. Lender's wilism may include
paying any sums secured by s lieu which has priority ova this Security Instrument. appearing in tours. paying reasonable
auomeys' fau and entering on IM,Pmpety to make repairs. Although Lander may sake action under Nis paragraph 7, Leader
doer not hears to do so. ,
Any ambwtts disbursed by Lander under Nis pang _ph :.:ball become additional debt of Borrower secured by this Security
insaurim Unless Borrower and Lender agree to other tams of payment, these amounts shall bear interest hem dk data of '
disbaneneu at the Note rate and shall be payable, with intent upon notice from Lander to Borrower requesting payment.
8. Mortgage Insurance, if Lender required mortgage insurance as a condition of making she loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If. for any reason, she
mortgage insurance coverage required by Lender lapses or cwos to be in offat, Bottower shall pay the primnhtms requited to
obtain coverage substantially equivalent as the mortgage lnsureme'gcvitn,sy in effa4•a? a, &sr substsitua9y equivalent to she
_
coat b Borrower of the morlp au wince prev"'aqusly In effect, froni an shemats mortgage 1 it = epytoved by Ienda.'It'
ettbsYadaUy equivakaf mod 3ira coverage is not evaUable. Borrower shall pay.. W-L each tnonN a sum equal to.
one-MUM of the yearly moetg Sl; ia ipe premium
being osid byBo'irioaivhbn the insurance Coverage lapsed or eased. w.
":bs in effect-lender
wn71 atceps ateasd !earn tltesa,py numns as-41 bas iesargo in liGt of ss iaunraaCS' Lou ieapve
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payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period r
that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the "
premiums required w maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement.for•u--iortgd8e ;
Insurance cads (rt accordance with any written agreement between Borrower and Lender or applicable law. r. r
9. Iaspatfon. Lender or its agent may make reasonable entries upon and inspections of the property. Leader shall give
Borrower notice at ttte time of or prior to an inspection specifying reasonable cause for the inspection.
A Condemnation. The proceeds of any award or chum, for damages, direct or consequential. in cormadon With any o
condemnation or other taking of any part of the Property. or for conveyance in lies of condemnatiop, are hereby assigned end
shall be paid to Leader. 7., ., "' - -
In the event of a total taking of the Property, the proceeds shell be applied to the stuns secured by this Security Instrument,
whetter or not then due, with any excess paid to Borrower. in this event of a partial taking of the Property in which the fair
market value of the Property , itrorntl "y before the.taking is equal to or greater then the untrunt of the sums secured by this
•SeeniW instrument imined at* before the raking, unless Borrower and Lender otherwise agree in writing, the saws secured by.. • .•..?.
M Seem* Instrumew shall be reduced by the amount of the proceeds multiplied by tiro following fraction: (a) rho WW amount
of the sums secured immediately befine the taking, divided by (b) de fair market value of doe Property immediately before tits
taints. Any balance shag be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of
the Property immediately before the taking is less than the amount of the sums secured immediately before the taking. unless
Borrower and Lender otherwise agra in writing or unless applicable law otherwise provides, the proceeds shall be applied to the
sums second by this Security instrument whether or not the stems are then due.
If the Property is abandoned by Borrower, or if. after notice by Leader to Borrower that the condar mr bff Witt mane an " -
award or settle a claim for damages, Borrower faits to respond o Lender within 30 days after the data the notice is given. Linder
Is authorized to collect and apply the proceeds, at its option, either to resatation or repair of the Property Of n the sums secured s
by this Security 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
tho doe date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments.
1l. Borrower Not Released: Porbearanca By L.-, ' r "cot a Waives. Extension of the dm for payment or modifkadon
of amortization of the sums secured by ibis Security Instrument granted by Lender to any successor in interest of Borrower shag - ,
not operate to roan the liability of the original Borrower or Borrower's succeswrs in intsiesL Lender shall not be reduced to
commence proceedings against any su=ssor in lrtterest 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 die original Borrower or Borrovxes successors
in intern 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.
.-;1Z, oceestora and Au*W M ihd: Joint and Several Llabirdy: Co.'s g eis. Thor eovenmip , and- Kroeamib of this ; .' _ .
_Security Inmumant'shail. bbid'ahd bereft the sueeesaorA and assigns of Lerder and Bnrlmwer, subject to the provisions of - • ;;
paragraph 17. Borrower's covetudin'and agreements shag be joint and several. Any Borrower who co-sigru this security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interest ut the 13pperry under the terms of this Security Iustrumrnb (h) is not personally obUgated,ro paythe
secured by thin Security, Instrument: and (c) agrees that Lender and any 004 &irrovier may agree to extend, modify, forbear or
make any accommodations with regard to the tams of this Security Instrument or the Note without that Borrower's CM =L
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13. Loan Charges. if doe Loan seared by this Security Instrument is subject to a law which sets maximum loan charges, e
and that law is finally interpreted to "the interest or otter loan charges collected or to be-colleted in connection with the ken
. , exceed ire petridiced limits. ilia n:'(a) 'any Such loan charge ihall be reduced by the amnuutt neceasery to reduce tip. udnrgc to din ;
parmined Kraft; and (b) any sums already collared from Borrower which exceeded permitted 16nits will be refunded in Borrower.
Lender may choose; to make this refund by reducing the principal owed under the Notes or by making a direct payment to
Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment WWI" any prepayment charge
under the Note.
' 14, Notkee. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it
by 11M clans mail unless applicable law requires use of another method. 7ba notice shall be directed to the property Address Or
any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by fast class mail to Lender's
address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security
;n0truaxmr sba8 be doomed to have been given m Borrower or Lender when given as provided in this paragraph.
" 1sy" nelrofo8 Lawn Severab0fty. This Security' Instrument shall be governed by federal law and the law ' of the
hash theAtipeny it-located. In the evem.tha any peovitim or claim of this Saeirrity Insbuinent of tic I to . ; r
labb few, such eonfilet= ' noii, other provisions of ls; Security Instrument ordte.Nom whieh'am be
'ilia e(fAflkdng proviilon. Td thls std the ptovtsioii9 of dill Security Instrument and the Notre are 4odan to, : d.
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AUG.-15'171FRI) 12:39 PIONEER AMU PLNT6 '
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16. Borrower's Copy. Borrower shall be given one conformed copy of the Nate and of Nis Security instrument
17. Transfer of the Property or a Beneficial Interest in Borrower. if all or any part of the Propony or any interest in it is
sold or transferred (or it a beneficial interest in Borrower is sold or transferred and Borrower is not a nation Son) without
Larder's prior written consent. Lender may, at its option, require immediate payment in full of all sums secured hY this Security
Insrument 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
then 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 mmedict permitted
by this Seem* Instrument without further notice or demand on Borrower.
IL Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shalt have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of, (a) S days (or such other period as
applicable law may specify t? reinststemen[) before sale of the Property pmsuent to any power of sale contained in this Security
Iasmntmart or (b) otry of a judgment ettforsartg this Security Inswment. those conditOns arc that Borrower (s) psya ranter all
amnia which then iwuld be dun coder hbaa Sccmiry Insmutnen[ and the Nota as if no acceleration tied atcuuted; (b) cum any
defaalt o>e eny outer tarvenants or agroements; (c) pays all expanses itmeuered in enforcing this 3autky Instrument, including, but
not iknitsd to, ttasanabk attomcys' few and (d) skes loch action as Lender may rasonablY requhis w assum mat the Ben of this
Security Instrument Lender's rights In the Property avhd Borrower's obligation to pay the sums secured by this Security
[nabumpmt shall watinue unchanged Upon reinstatement by Borrower, this Security Instrument and the obligations secured
hereby shalt remain fully atfectve as if no acukmcon had occurred. However, this right ro reinstate strait not apply In the case of
aeeekrat?A undo h 17.
29. Sala W Note; bange of Lova Servicer. The Note or a pathia! imere9t in eta Note (together with this Security
hutrummo may be sold one or more times without prior uotia to Borrower. A sak may resale in a cha g¢e in the hiT(known
aft "Lori Setvker") that collects moodily yments due under the Note and this Security Instrument now also may be one or
[nom changes of the Lain Sevicer to a sale of the Nots. It [hers is a change of the Loaf Sarvicer, Borrower will be
give[ wrhrat notice of des change in accordance with paragraph 14 above and applicable law, The notice will stare the now and
adehats of die new Loan Sorvicer and the address to which payments should be made. The notice will also contain any other
informationraquired by applicable law.
20,1lara us Substances. Borrower dug t of cause or permit the presence, use, disposal, sioraga, at release of any
Harardoua Substances on or In the Ihoperty. Borrower shall not do. nor allow anyone else to do, anything affecting the Property
that is in violation of nay Environmental Law. The preceding two Santarem shall not apply to the presence, ate, or average on the
property of a" quantities of Hazardous Sobnan;es that are generally recognized w be approprim ro normal raddemW uses
and to maintenance of the Property.
Borrower sha promptly give Lender written notice of any invwtigatiori, claim, demand. lawsuit or other action by any
governmenrol or regulatory agency or private parry involving the Property and any Hazardous Substance or Environmental few
of which Borrower has actual knowledge. If Borrower learns, or is notified by any goveramcmal or regulatory authority. that any
removal or otter remeliation of any Hazardous Substance affecting the Property is necessary, Barrows shall promptly take all
necessary remedial actions In accordance with Environmental Law.
Al used in this paragraph 20. 'Hazardous Substances" us those substances defined as toxic or hazardous substances by
EaviroomenoLL Law and die following mubsrancw: gasoline, kerosine, other flammable or tote petroleum ptodatxs, toxic
parieidw and herbicides, volatile solvents, matt dials containing asbestos or formaldehyde, and radioactive maenals. As used in
this potragsaph 20, "Environmerital Law" means federal laws and laws of the jurisdiction where the property is located [tat relate
to hnlatift, saaffety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant end agree as follows:
2L Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration fallowing Borrowers breach of
any covenant or agreement in this Security Instrument (but not prior to acceteratiomik under paragraph 17 airless
applicable law provides otherwise). Lender shall notify Burrower of, among other Winger (a) the dehult; (b) the action
required to cure the default; (c) when the default must be cured; and (d) that failure to tare the 40auk as specified may
resift in aoceleratiom of the sums secured by this Security Instrument, foreclosure by judicial proceeding and onto of the
Property. Lender shalt further inform Borrower of the right to reinstate after acceleration and the right to assw 13 !be
foreclosurs proceeding the noo-existence of !, default or any other defense of Burrower to uccekratioa and foreclosure. If
the default is ::ot cured as specified, Leader, at its option, may require immediste 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 exposes incurred in pursuing the remedies provided in this paragraph 21, Including,
but [tot grafted to, attorneys- fen and costs of tick evidence to the extent permitted by applicable low.
E2. Release. Upon payment of all sums second by this Security lostrument this Security Instrument and the estate
conveyed shall terminate and become void. After such occurrence. Lender shall discharge and satisfy des Security Insumment
widho it charge to Borrower. Borrower shall pay any recordation costs.
23. Waivers. Borrower- to the extent permitted by applicable law. waives and taleases any ci oror defects In proceedings m
enforce this Security Instrument, and bereby waives The benefit of any present or fume laws providing for stay of PAcudon,
extension of time, exemption from attachment, levy and sale. and homeatead exemption.
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24, Rdostatement Period. Borrower's time to reinstate provided in paragraph lA shall extend to one hour prior to the
commencement of bidding at a sheriffs sale or other sue pursuant to this Security instrument.
25, Purcbase Money Mortgage. If any of the debt secured by this Security instrument is lent to Borrower to w4upe title to
the Property, this Security Instrument shall be a purchase money mortgage.
26, Interest Rate After Judgmew. Borrower agm a got the intereat rate payable after a judgment is'entered on the Note
or in an itction of mortgage foreclosure shall be the rate payable from time to time under the Now
27. Rigs to this Secerky Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each such cider shall be incorporated into and shell atnead and supplement
the covenants and agrrenents of this security Instrument as if the rider(s) were a part of this Security Instrument.
ICheckgplicable box(es))
Adjustable Rate Rider Condominium Rider 14 Family Rider
? Graduated Payment Rider. PIMed Unit Development Rider Biweekly Payment Rids
? Balloon Rider Rate Improvement Rider ? Second Home Rider
VA Rider •.• • ? Other(s) (specify) .
BY SIGNING BELOW, i? wer accepts and agrees
any rider(s) executed by Borrower, and recorded with it. witnesacs: i;
terms and covenants contained in this Seem* Instrument and in
KICBAEL L4./XOSTOROVITM -Borrower
Z,J) riMQ IK??z.. b, • ?•:-:`?- (Seal)
OIAN R. ROSTOXOVITCtt -Hemower
(Seel)
-Horrowe,
(Sed)
-Dwrower
Certd "ale of Residenc"e?
1. ?sgY4? ' JGrI AV In ? do)eerreby cwt th t dw ?dd1wKs of '
thew;thhn-namedrrlQrtgegeeis??O ?n rise?aad?SUt4e--1lbo{Uy)}-IOral?urrl, }l f`ta4
z+?:.Wimesamyhandt`his
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CO MM ON WEALTH OF PENNSYLVANIA, ? - County ast 17V a+-'.i'k
On this, the lJ?f?'/?C? / d (ayof of - bet i ma. the ,ndpngyrld o[ili ?vr?
?s??Y ap?a/? i%G??f?C o'er ?r ? : , ",'a"`•'• ,:
D/i? Jtn ryK
?n known to me (br sa tonly p to the
person 5 whose name YF/ subscribed to the within instrument and aclmowleoged idat
executed the same for the purposes herein contamod,
W OTINESS WHERSOF, I hereunto set my hand and official seal-.
MY Compilssioa Expires: •:.., .. .
NpjAAIAL SEAL y
" All- 31J1TER. Rotary Mar
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ALL THAT allMM lot of land sittiate?in the Borough of Moyne, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and
described as follows:
BBG1NN= at a point or the Northern right-of-way line of Hummel Avenue, said
point being 57.5 feet East of the intersection of Hummel Avenue and 7th
Street; thence through the center of a partition wall and continuing North 32
degrees 00 minutes West 150 feet to a pointy thence slang the Southern Line of
Appel Allay, North 58 degrees 00 minutes East 17.5 feet to an iron pin; thence
South 32 degrees 00 minutes East 150 feet to an iron piny thence along the
Northern right-of-way line of Hummel Avenue South 58 degrees 00 minutes West
17.5 feet to a point, the place of BEM22M G.
BEING the Eastern 1/2 of Lot No. 87, Section "D", in Plan of Iots krx= as
plan No. 1 of Riverton, said plan being rw=ded in Deed Book J, Volume 4,
Page 40.
BIWING thereon erected the Eastern 1/2 of a double frame dwelling house known
and numbered as No. 639 Btmmel Avenue, Lemoyne, Pennsylvania, and a frame
garage.
PARCEL NtMM: 12-22-0824-136.
BEING the ease premises which James W. Moran, Jr. by IIndenture dated Novenber
28, 1988 and recorded in the Office of the Piacorder of Deeds in and for the
County of Cumberland in Deed Book R-33 Page 906, granted and conveyed unto
Michael L. Rostulcovich and Dian R. Kostukovich, his wife.
S1811e of Pennsylvania ll
County of Cumberiand I 86
Recgr4ed i the office for the reco
ec. Y16nd 1 jjberland County.
_
of Deeds
9
eo%1402rmx 420
EXHIBIT C
When Recorded Midi to:
T.D. Service Con""
1920 E. First St, Suite 30D
Smtq Ans. CA 92705
SL &Q7317hs
Corpondon Assignment of Ral BmlaMatgnp
U1FA SYLAWAM ONLY.
Knorr 71W
Comma" COTOmdon
22S Nathap Minim Blvd.
Suite 1710
Boa Rama FL M02
In comMe dlon of ONE DOLLAR AND OWER GOOD AND VALUABLE CONSIDERATION
aaaignor,
doIWL
Pa by
MauLalma and T d= Trot Compary, m 7Fmke
693 Smem Stmet
4th Flan
BuMJo, NY 14210 , =WSW,
henft aWpe am atugnee,
MMM 41hm the 15th day of AuemL 1997 mode by MICHAEL L KOS'111KOVITCN, end D RKOSTUKOVf7CH
W NAMOIh\L rUTURB LwRTO.\OD CORP. CONT I KcG'&*46 CPL C N
In the ptlcolpal amn of 159,500.00 pal maotded co the 29th day of Ao1ap4 1997 /.
In (Uber) (Reead Libor) (Reel) 1402 ofMorWM pop 414 , In the office of
the CLmbo WM
Of the
covering ptemim recorder of 639 HUMMEL AVENUE, LEMAYNE, PA 17043
Black
section D
InunwatM
La EI2 L17 Cwnty"Tovm Cumberlaod
Dieria 7" 12.22-0124.136
LM O 4065694
SNSC Low M 162552
Prior Loom 0 2040656940
K0SMK0VI7CH, MICHAEL
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EXHIBIT E
HARVEY, PENNY, JTON, CABOT, GRIFFITH (ENNEISEN, LTD.
ATTORNEYS AT LAW
ELEVEN PENN CENTER, 29TH FLOOR
1835 MARKET STREET
PHILADELPHIA, PENNSYLVANIA 19103-2989
(215) 563-4470
FAX: (215) 568-1044
Raymond H. Shockley, Jr.. Esquim
December 22, 2003
Via Certified Mail, Retum Receipt Requested
Receipt No.7002 2030 0006 7167 4984
and Regular Mail
Michael L. Kostukovitch
639 Hummel Avenue
Lemayne, PA 17043
Via Certified Mail, Return Receipt Requested
Receipt No.7002 2030 0006 7166 5074
Dian R. Kostukovitch
639 Hummel Avenue
Lemayne, PA 17043
RE: Christiana Bank & Trust Company as Owner Trustee for Security National
Funding Trust v. Michael L. Kostukovitch and Dian R. Kostukovitch
Loan No.162552
HPCGR Client Matter No. 67805-
Validation Notice Pursuant to the Fair Debt Collection Practices Act
COMBINED ACT 6/ACT 91
NOTICE
TAKE ACTION TO SAYE
YOUR HOME FROM
FORECLOSURE
Dear Mr. & Mrs. Kostukovitch:
This is an official notice tH he mortgage on your home is in defauf Ind the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help to save your home. This-Notice explains how the program works.
To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when You meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your
County are listed at the end of this Notice. If you have any questions, you may call the
Pennsylvania Housing Finance Agency toll free 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at
the Consumer Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER
ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU
CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Michael L. Kostukovitch and Dian R. Kostukovitch
PROPERTY ADDRESS: 639 Hummel Avenue, Lemayne, PA 17043
LOAN ACCT. No: 162552
ORIGINAL LENDER: ContiMortgage Corporation
CURRENT LENDER/SERVICER: Christiana Bank & Trust Company, as Owner Trustee of
the Security National Funding Trust
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE-AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
A
IF YOU COMPLY WITH( dE PROVISIONS OF THE HOMEOV( BR'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that
time you must arrange and attend a "face-to-face" meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR
WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT".
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action against
you for thirty (30) days after the date of this meeting. The names and addresses and telephone
numbers of designated consumer credit counseling agencies for the county in which the property
is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face
meeting. Advise Your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the
reasons set forth later in this Notice (See the following pages for specific information about the
nature of your default.) If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies
have applications for the program and they will assist you in submitting a complete application to
the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
---within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR
IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
AGENCY ACTION -- Al )able funds for emergency mortgage a. =ce are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you if you
have met the time requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision of your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PORTION OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date).
NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your
property located at: 639 Hummel Avenue, Lamayne, PA 17043
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE the following amounts AND ARE now past due:
The payoff amount as of December 31, 2003 is as follows:
Principal Balance $1,884.63
Interest* at 9.80% or $.51 $ 605.78
Late Charges $ 128.35
Prior Servicer Corp. Advance 308.55
TOTAL: $2,927.31
*Interest continues to accrue after December 31, 2003 at 9.80% or S.51 per diem
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not
applicable):
HOW 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 $2,927.31, PLUS ANY INTEREST WHICH BECOME DUE DURING
THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashiers check.
certified check or money order made payable and sent to:
Made payable to: SN Fui hig Trust z
Send to: Kathy Haak, Asset Manager
SN Servicing Corporation
51 Veronica Avenue
Somerset, NJ 08873
You can cure any other default by taking the following action within THIRTY (30) DAYS of the
date of this letter: N/A
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 rights to accelerate the
mortgage debt. This means that the entire outstanding balance of the 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 mortgaged 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 started 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, you will not be required to pay attorney'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) period and foreclosure proceedings have begun, you still
have the right to cure the default and prevent the sale at any time one hour before the Sheriffs
Sale. You may do so by paying the total amount then past due, plus any late or other charges 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 writing by the lender and by performing any
other requirements under the mortgage. 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.
EARL1 s,r POSSIBLE SHERIF`F'S SALEDATE - It is estimated that the earliestdate that
such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6)
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.
t
HOW TO CONTACT THE LENDER:
Name of Lender: Christiana Bank & Trust Company, as Owner Trustee of the Security
National Funding Trust
Address: SN Servicing Corporation
51 Veronica Avenue
Somerset, NJ 08873
Phone Number: 800-941-4670 Ext. 2305
Fax Number: (916-231-2405)
Contact Person: Kathy A. Haak, Asset Manager
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff s Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriffs 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 X may not 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:
SEE ATTACHED LIST
Very truly yours,
HARVEY, PENNINGT N, CABOT,
GRIFFITH & RENNEI EN. LTD.
BY:
RA OND H KEY, JR., ESQUIRE
RHS/rg
i
cc: Kathy Haak, Asset Manager
CRAWFORD COUNTY
Booker T. Washington Center
1720 Holland Street
Erie, PA 16503
(814) 453-5744
FAX (814) 453-5749
Sbenango Valley Urban League, Inc.
601 Indiana Avenue
Farrell, PA 16121
(412) 981-5310
CUMBERLAND COUNTY
Urban League of Metropolitan
Harrisburg
N. 6tb Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, PA 17325
(717)334-1518
FAX (717) 334-8326
DAUPHIN COUNTY
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Greater Erie Community Action
Committee
18 West 9th Street
Erie, PA 16501
(814) 459-4581
FAX (814) 456-0161
CCCS of Western Pennsylvania,
Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Urban League of Metropolitan
Harrisburg
2107 N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
John F. Kennedy Center, Inc.
2021 East 20th Street
Erie, PA 16510
(814) 898-0400
FAX (814) 898-1243
Community Action Comm of the Capital
Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Financial Counseling Services of
Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Community Action Commission
of the Capital Region
1514 Derry Street
Harrisburg PA 17104
(717) 232-9757
FAX (717) 234-2227
10
;;
6
HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD.
Stephen McNally
Pa. ID No. 59576
1835 Market Street, 29th Floor
Philadelphia, PA 19103
Telephone: (215) 563-4470
Telecopier: (215) 568-1044
Attorneys for Plaintiff
CHRISTIANA BANK & TRUST
COMPANY AS OWNER TRUSTEE
FOR SECURITY NATIONAL
FUNDING TRUST
51 Veronica Avenue
Somerset, NJ 08873
Plaintiff
MICHAEL L. KOSTUKOVITCH
639 Hummel Avenue
Lemayne, PA 17043
AND
DIAN R. KOSTUKOVITCH
639 Hummel Avenue
Lemayne, PA 17043
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION- EQUITY
MORTGAGE FORECLOSURE
DOCKET No. Oy 1744,
PRAECIPE FOR ENTRY OF APPEARANCE ON BEHALF OF PLAINTIFF
To the Prothonotary:
Kindly enter the appearance of the undersigned counsel, Stephen McNally, Esquire of
Harvey, Pennington, Cabot, Griffith & Renneisen, Ltd., as counsel for the Plaintiff, Christiana
Bank & Trust Company as Owner Trustee for Security National Funding Trust, in the above-
captioned matter.
HARVEY, PENNINGTON, CABOT,
GRIFFITH & RENNfISEN. LTD.
Date: February 11, 2004 By:
Stephen 1Nj
-, _
_, -
1
, .
-
-;
` ;_
,? ,
?.
?:
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00796 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHRISTIANA BANK & TRUST CO
VS
KOSTUKOVITCH MICHAEL L
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
KOSTUKOVITCH MICHAEL L the
DEFENDANT , at 1952:00 HOURS, on the 27th day of February , 2004
at 639 HUMMEL AVENUE
LEMOYNE, PA 17043
by handing to
MICHAEL L KOSTUKOVITCH
a true and attested copy of COMPLAINT - MORT FORE 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 y4?- day of
lh4,,-A v2dDY A.D.
? Prothonotary
So Answers:
R. Thomas Kline
03/01/2004
HARVEY PENNIN'G?TON/ CABOT GRIFFI
By: Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00796 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHRISTIANA BANK & TRUST CO
VS
KOSTUKOVITCH MICHAEL L
RONALD HOOVER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
KOSTUKOVITCH DIAN R
the
DEFENDANT , at 1952:00 HOURS, on the 27th day of February , 2004
at 639 HUMMEL AVENUE
LEMOYNE, PA 17043 by handing to
MICHAEL L KOSTUKOVITCH, HUSBAND
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
C?Zrothono So Answers:
Sworn and Subscribed to before
me this y day of
~yYLu i t !? Il4c y A. D.
u ?
R. Thomas Kline
03/01/2004
HARVEY PENNINGTON CABOT GRIFFI
By:
Deputy /Sheriff
Curtis R. Long
Prothonotary
Office of the Protbonotarp
Cumberlattb Cnuntp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
y - 'Y 910 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573