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HomeMy WebLinkAbout01-6897Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 4801107212 BANK OF AMERICA,' N.A. 475 CROSSPOINT PARKWAY P.O. BOX 9000 GETZVILLE, NY 14068-9000 PLAINTIFF, VS. JOHN J. WELLS, JR. AND LINDA LEE WELLS 1004 NORTHFIELD DRIVE CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKETNO. ~t -- 6.o?7 COMPLAINT - CIVIL ACTION 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 t~venty (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 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted.tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta de~nanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 4801107212 BANK OF AMERICA, N.A. 475 CROSSPOINT PARKWAY P.O. BOX 9000 GETZVILLE, NY 14068-9000 PLAINTIFF, VS. JOHN J. WELLS, JR. AND LINDA LEE WELLS 1004 NORTHFIELD DRIVE CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. (-.2)1 - ~7 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is BANK OF AMERICA, N.A., with its principal place of business located at 475 CROSSPOINT PARKWAY, P.O. BOX 9000, GETZVILLE, NY 14068-9000. 2. The names and last known addresses of the Defendants are: JOHN J. WELLS, JR. AND L1NDA LEE WELLS, 1004 NORTHFIELD DRIVE, CARLISLE, PA 17013. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about NOVEMBER 30, 1992, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to BANK OF AMERICA, N.A., which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: NOVEMBER 30, 1992 DATE RECORDED: DECEMBER 2, 1992 BOOK: 1105 PAGE: 540 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about NOVEMBER 30, 1992, in consideration of their indebtedness to BANK OF AMERICA, N.A., JOHN J. WELLS, JR. AND LINDA LEE WELLS made, executed and delivered to BANK OF AMERICA, N.A. their promissory Note in the original principal amount of $83,936.00. A copy of said Note is attached hereto az Exhibit "B" and incorporated herein by reference. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiffis the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: BANK UNITED OF TEXAS FEDERAL SAV1NGS BANK ASSIGNEE: ldARGARETTEN & COMPANY, INC. DATE OF ASSIGNMENT: DECEMBER 10, 1992 RECORDING DATE: AUGUST 5, 1993 BOOK: 450 PAGE: 920 ASSIGNOR: CHEMICAL RESIDENTIAL MORTGAGE CORPORATION, A NEW JERSEY CORPORATION, FORMERLY KNOWN AS MARGARETTEN & COMPANY, INC. ASSIGNEE: BANK OF AMERICA, FSB DATE OF ASSIGNMENT: SEPTEMBER 1, 1994 RECORDING DATE: AUGUST 18, 1995 BOOK: 502 PAGE: 314 7. The Mortgage is secured by property located at 1004 NORTHFIELD DRIVE, CARLISLE, PA 17013, which is more particularly described in the legal description attached hereto as Exhibit "C" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due 06/01/01 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage: Principal Balance $75,855.52 8.00% interest from 05/01/01 to OCTOBER 30, 2001 at $16.86 per day Accrued Late Charges $3,034.20 $217.83 Attorney's Fees $2,829.50 TOTAL .AMOUNT DUE $81,937.05 Interest continues to accrue at the per diem rate of $16.86 for every day after OCTOBER 30, 2001 that the debt remains unpaid. 10. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11. Pursuant to the notice provisions of Act 91,35 P.S. § 1680.403(c), and the notice provisions of Act 6, 41 P.S. §403, as governed by 12 Pa. Code Section 31.201 et seq. as amended by Act 160 of 1998 effective February 19, 1999, Plaintiff sent the combined Notice of Intention to Foreclose Mortgage and Act 91 notice to Defendants, dated AUGUST 1, 2001. Copies of the notices to the defendants are attached as Exhibit "D". Defendants have failed to cure the default and Defendants have failed to meet with the plaintiff or any of the consumer c{edit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 12. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "E". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named properly of the Defendants in the amount set forth in paragraph 9, together with interest accruing after OCTOBER 30, 2001 to the date of Judgment, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property. SPEAR & HOFFMAN, P.A. fi~DNNIE DAHL, ESQUIRE ~O062395.wPd Page 1 VERIFICATION The undersigned hereby states that he/she is an authorized officer, representative or agent for Plaintiff in this action and that he/she is authorized to make this Verification on behalf of Plaintiff, and that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of his/her knowledge, information and belief. THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Name: Karen M. ~-esetarits Company: BA Mortgage, LLC Title: Officer Exhibit "A" PREPAi~i~IX BY TINA FOULDS RETURN TO BANK UNITED OF TEXAS FSB DBA C~MMONWEALTH'UNITED MTG 3461 MARKET STREET PENNSYLVANIA THIS INDENTURE. made the 30 T N day of N 0 V E M B E R in the year of our Lord one thousand nine hundred and NINETY TWO , BETWEEN JOHN J. WELLS, JR. AND LINDA $~I~*;'Q~Fe'~r'$ WELLS , MARRIED A (hereinafter called Mortgagor) and UNITED OF TEXAS FSB , "~--j~a ~Cr~t,Y.o~nXorganized and existing under'the laws of UNITED STATES , and having its pri~)~t:ipal office and post-office address- in 3200 SOUTHWEST FREEWAY, //2000 HOUSTON, ~4~' after called Mortgagee): TEXAS 77027 WITNESSETH: That the Mortgagor to secure the payment of EIGHTY THREE THOUSAND NINE HUNDRED THIRTY SIX AND 004100 Dollars ($ ***83,936.00 ), with interest from date, at the rate of EIGHT AND 00000 '~100000 per centum ( 8 · 000 %) per annum on the unpaid balance until paid, as provided in a Note of even date herewith, from the Mortgagor to the Mortgagee, in monthly installments of SlX HUNDRED FIFTEEN AND 90';100 Dollars ($ *****'615.90 ), comlncncing on the first day of JANUARY . 19 93 , and continuing thereafter on the first day of each month until such debt is fully paid, except that, if not sooner paid, the final payment thereof shall be due and payable on the first day of D E C E M B E R , 2022 , and also to secure the performance of all covenants, agreements and conditions herein contained, does by these presents grant, bargain, sell, assign, release, convey and confirm to the Mortgagee, ALL the following described real property situated in the BOROUGH of CARL%SLE County of CUMBERLAND and Commonwealth of Pennsy. lvania, to wit:~ THE WITHIN MORTGAGE iS A FIRST PURCHASE MONEY MORTGAGE, THE CONSIDERATION FOR WHICH CONSTITUTES A PART OF THE PURCHASE PRICE OF THE ABOVE DESCRIBED PROPERTY. BEING THE SAME PREMISES CONVEYED TO THE MORTGAGORS BY DEED FROM OF EVEN DATE, TO BE RECORDED SIMULTANEOUSLY HEREWITH. TOGETHER with all and singular the buildings, improvements, and fixtures on said premises, as well as all additions or improvements now or hereafter made to said premises, streets, alleys, passages, ways, waters, water courses, rights, liberties, privileges, bereditaments, and appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits threof, and in addition thereto the following described household appliances, which are, and shall be deemed to be, fixtures and a part of the realty, and are a portion of the security for the indebtedness herein mentioned, namely, provided, however, that the Mortgagnr shall be entitled to collect and retain the said rents, issues, and profits until default herennder: TO }lAVE AND 7D HOLD said property, hereby granted, with the appurtenances, un o smd Mortgagee to its own use forever: --- VMPA ~ 00848345 0'8'4'8'3 4 5 ) This Indenture is made, however, subject to the following covenants, conditions, agreements and Stipulations, and the Mortgagor covenants and agrees: 1. That the M )rtgagor w 1 promptly pay the principal of and interest on the indebtedness evidenced by the said Note, at the times and in the manner therein provided, w th pr vilege reserved to prepay at any time, without premium or fee, the entire indebtedness or any part thereof not less than the amount of one installment, or one hundred dollars ($100.00), whichever is less. Prepayment in fu shall be credited on the date received. Partial prepay- ment, other than on an installment due date, need not be credited until the next following installment due date or thirty days after such prepayment, whichever is earlier. 2. To more fu ly protect the security of th s Mortgage, the Mortgagor shall pay to the Mortgagee as trustee {under the terms of this trust as hereinafter stated) n addition to and concurrently wtth, each monthly installment of principal and interest until said Note s full?/ paid, the following sums: (a) A sum equal to the ground rents, tf any, next due, plus the premiums that will next become due and payable on po ic es of fire and other ~agard insurance, plus taxes, assessments, and sewer and water rents. next due on the premises covered by this Mortgage (al as estimated by the Mortgagee, and of which the Mortgagor is notified) less a 1 sums alreadypaid therefor divided by the number of months to elapse before one month .prior to the date when such ground rents, prem u ns, taxes assessments, and sewer and water rents, will become due, such sums to be held by Mortgagee in trust to pay said ground rents, prem urns, taxes, assessments, and sewer and water rents. (b) The aggregate of the amounts payab e pursuant to subparagraph (a) and those payable on this debt shall be paid in a single payment each month, to be applied to the following items in the order stated: {I) ground rents, taxes, assessments, sewer and water rents, fire and other hazard insurance premiums; ill) interest on this debt; and {lid nmurtization of the principal of this debl. Any deficiencw ir he amount of any such al~l~regate monthly paynlent shal co ~st lute an event of default hereumler and'under sa cl Note nnless made good by l~ortgagor pr or o the due date nfl ~e next such payment. At Mortgagee's option. Mortgagor Will pay a "late charge" no exceeding four per centmn (4%) of any installment when paid more titan fifteen {15) days after the due date thereof to cover he extra expense involved in handling delinquent payments, bu such "late charge" shall not be payable out of the proceeds of any sale made to satisfy the indebtedness secured hereby unless such proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the enttre iedeb edness and all p oper cosis and expenses secured thereby. 3. I f the total of the payments made by Morlgagor, under (a) of paragraph 2 preceding, shall exceed the amount of payments actually made by Mortgagee as Irustee for ground rents, taxes, assessments, sewer or waler rents, or nsumnce premiums as the case may be such excess shall be credited on subsequent payments to be made by Mortgagor for such items or, Mortgagee's option, as trustee shall be refunded to Mortgagor. II, however, such monthly payments shall not be sufficient to pay such items when the same shall becone due and payable then Mortgagor shall pay to Mortgagee as trustee any amount necessary to make up the deficiency within thirty (30) days after written notice from Mor gagee stang the amount of the deficiency, which no ce may be given by mail. If at any time Mortgagor shall tender to Mortgagee, in accordance with the prov s oas hereof, the full payment of the entire indebteaness reoresented hereby, Mortua~,ee. as trustee shall in computing the mnount of such indebtedness credit to the accnunt of'Mortgagor any credit'ba]anke remaining under the prov s oas of (a) of paragraph 2. If there shall be a default under any of the pmvs oas of the Note and this Mortgage securing the same, which results in a public sale of the vremlses covered thereby or if title to the property is otherwise acqu red by lhe Mort~,agee after the default. the Mortgagee. as trustee, shall apply, at tet me of the commence~nent of such proceedings or at the time the p operty ~s otherwise acquired by the Mortgagee, the ba ance then rema n ngo the credit of Mortgagor under {al of paragraph 2, as a credit on 'ihe interest accrued and unpaid, and the belance on the principal then remaining unpaidon the Note. 4. Mortgagor sba pay to Mortgagee all ground rents, taxes, assessments, sewer and water rents, and all uther cha 'ges and c]'a ms assessed or lev ed at any time by any lawful authority upon the premises covered by this Mortgage wh ch, by any present or future law or laws, shall have nriority in lien or payment to the debt represented by smd No e aaa" secured by this Mortgage and provision for the payment of which is not otherwise made herein, such payment to be made by Mortgagor within thirty (30) days after demand by Mortgagee, stating the amount. 5. The pr ncipal indebtedness hereby evidenced and secured represents money actually used for the acquisi- tion of or for improvements to the premises secured by said Mortgage. 6 Mortgagor will continually maintain hazard nsurance, of such type or types and amounts as the Mortgagee may from time to time require, on the improvements now or hereafter on said premises and except when payment for all such prem urns has thereto{ore been made under (a) of paragraph 2 hereof will pay promptly when due any premiums therefor. All insurance shall be carr ed in companies approved by Mortgagee and the policies and renewals thereof sha be held by Mortgagee and have attached thereto loss payable clauses in favor of and in form acceptable to Mort£agee. In event of loss, Mortgagor w I gve immediate notice by mail to Mortgagee, and Mortgagee may make proof of'lOss if not made promptly .by Mortgagor. Each insurance company concemec] is hereby authorized anddirected to make payment for such loss dtrectly to Mortgagee instead of to Mortgagor and Mortgageejoinlly. The insurance proceeds or any part thereof, may be appl edby Mortgagee at its opUon either to %e reduction of the indebtedness or to the restoration or repatr of the property damaged. In the sole and absolute discretion of Mortgagee, in event of force osure of the Mortgage or transfer of title to the mortgaged property in partial or total extinguishment of the Note hereby secured all righl, t I e and interest of Mortgagor in and to any insurance nolle es then in force shall pass to the purchaser or grantee or sba be canceled and the cancellation proceeds, ~f any retained by Mortgagee. Full power is hereby gtven to Mortgagee to settle or compromise all claims nnder such policies and to demand, receive and receipt for all noneysnecoming payable thereunder. 7. Mortgagor sha not execute or file of record any instrument which imposes a restriction upon the sale or occupancy of the property herein described on the basis of race. color or creed. 8. Mortgagor will not suffer any lien st per or to the ien created by h s Mortgage to attach to or to be en- fi~rccd against the premises covered by this Mortgage Mortgagor shall not c~mmit or permit waste: and shall main- tain thc pr ~perty n as good condi on as a present reasonable wear and tear excepted. Upon any failure/so to maintain, M'ortgagee, atlts option, may cause reasonable nmintenance work In be performed ~ he cost of Mort~l~.~'g r ANTS AND AGREES THAT SO ~ONG AS TtlS MORTGAGE AND' T~t~ / · 'l'ttg MORTGAGOR COVEN · , a ii.'. SAiD NOtE SECURED I1EREBY ARE GUARANTEED UNDER 'rte PROVISIONS OF S¥.iRVtCEMEN S READJUSTMENT ACT OF 1944, HE WiLL NOT EX~,t,O~E OR FIL~, RECORD ANY INSTRUMENT WHICH IMPOSES A RESFR[CFLON UPON TttE SALE OR 'OCCUPANCY OF THE MORTGAGED PROPERTY ON THE BASKS OF RACE, CO}.~, OR UPON AN.Y VIOLATION OF TItlS UNDERTAKING, THE MORTGAGEE I)ECI,'ARE TttE UNPAID BALANCE OF TttE DEBT SECURED }I~REBY IMMEJ'[A~'EL~'~it~E AND . - VMP} 'rilE'TiThE SECRETARY OF VETERANS AgFA[RS SNALI, ~g SUr, SWtTO'rgo't~'~,~"'r¥1 ~ADMINI~TRATOR OF VETERANS AFFAJRS EACH TiME T~AT IT APPEARS IN/~ ( a = shall h~e the r, ht to a a,, rouud ~nts =xes, assessmen s, star and ~tO~a 9. M)ngg , ' ' py Yg , . all olher charges and claims which ~o~agor has ag~ to ~ u~er the te~s hereof, to advance ~pa~ sums of mon~ that in i~ judgment may~ neccssa~ to ~r~t or pmse~e the fitlc of the premiss c~er~ this Mo~gage or for insumn~ premiums or for any aulhon~ maintenance work. Any amount or amounls so paid or advanced shah ~ added to the principal debt, shall ~r interest at th~ rate provid~ for in the principal mdebtedncss from the date of payment or advance, and shall ~ secu~d ~ this Mom~age m~bl~ with said cipal debt and interest thereon. MoNgagee, al it~ option, also shall ~ entitled to ~ suorogat~ to any lien, cream, or demand paid ~ it, or discharg~ with money ndvanc~ ~ it ~d s~umd ~ this MoNgage. The paymenm and a( vances so nade shall ~ pa~ble in approximately equal monthly payments extending ~er such ~rmds as may be ag~ upon ~ thc Mo~gagor and Mo~gagcc. but not ~nd the due date of the final installment of the prin- cipaldcbt. In event of failure lo agree on date nf maturity, the whole of the sum or sums so paid or advanced shall ~ dim and payable thi~y (30) days after demand ~ MoNgagee. 10. The lien of this Mo~gagee shall remain in full force and effect during ~st~nement or extension of the time of payment of the indebtedness, or any part thereof, which it s~ures. I Upon the ~quest of Mo~gagee Mortgagor shall execule and deliver a supplemental Note or Notes for the sum or sums advanced or paid ~ Mo~gagec for the alteration, m~erniTmtion or improvement of the moN- gag~ pm~y made al Mo~or's ~ue~; an6~ maiutenance ~ s~id p~y; 9r ground mn~, rexes, s~r and ~tcr mn~ ~d all other cha~es ~d cla]~ asses~ or ]cvJ~ agamst smd ~m~ ~ apy law~l aulhonty, or for any other pu~se elsewhere authori~d hereunder. Said Note or Notes Shall be secured ~ ~s Mo~gagc on a parity with and as fully as if the amounls sla~ in such Note or Notes wen pan of that smt~ ~ the Ng~e here~ secured. Said supplemental Note or Nmos shall ~r inte~st at the m~ pr~id~ for in thc principal m- dcl~tedness and shall bc payable in approximately cqual monthly paymen~ for such ~ri~ as may ~ ~re~ upon I~ Mo~gagor and Mortgagee. In event of failure lo agree on date of maturity, the whole of the sum or sums so mlvanced or paid shall be 8ua and payable thirty (30) days after demand by Mo~gagee; but iu flu event shall any such maturily or duc date extend beyond thc duc date of fl~e final ins~llmeut of the principal debt. 12. If the indebtedness secured hereby be guaranteed or insured under ~tle 38, United States C~e, such Title and Regulations issued thereunder and in effect on the dale hereof shRll~overn thc rights, duties and liabilities oflhe paoies he~to and any provisions of fl]is or other instruments executedin connection with said indcbledncss which are inconsistent with said Title or Regulations are hereby amended Ia couform I tcrcto. 13. If at any time a Writ of Execution (Money Judgment) or o(her execution is properly issued u~n a judg- ment obtaincd upon said Note or if an Action nf Mortgage Foreclosure or any otl~er appropriate action or pro- cced~g lp foreclose a no.gage is instiluled upon or under this 5Mo~teage, an attorney's commission of ~V ~ per centum ( . u~ ~) of said principal debt shall be payable, and recovered in addition to all principal and interest and all olhcr recoverable sums then due, together wilh cnsts of suit. 14, If any deficient7 in the amount of any a~regale monthly payment mentioned in (b) of paragraph 2 shall nut bc made good ~ Mo~gagor prior to the duc date of Ibc uext such payment, or if default bc made at any time in any of Ihe covcnanls and agreements heroin or in the Nole secured then and in every such ~se, thc whole principal debt shall at the optiou of Mo~gagee becnme due andpa~ble immediately. ~yment thereof and all mlerest acc~ thereon, wilh an attorney's commission as berein~fore mentioned, may bc enforced and recovered at once, anylhing herein contained to t~c conlrary notwithstanding. lu thc event of any brcach of any c~enanl, condition or agreement of said Note, or of this Mo~gage, it shall be law fid for Mortgagee to enter u~m all and singular the land, buildings, and o[her righm, cor~)r~l and incor- poreal granlcd ~ Ihts MoNgage and to rake possession of the same, and of the fixtures and ~ui~ment therein, and lo have hold, manage, lease Io and. pecan or persons usc and operate thc same in such parcels and on such lerms and for such pcri(~s uf time as MoNgagcc may deem pro~r in ils snlc discmtinn, Mortgagor ag~eing that he shall and will whenever r~ues~ed ~ Mortgagee so lo do, assign, trnnsfhr, and deliver unlo Mo~gagee any lease or sublease; and lo collect and receive al[ren~, issues, and profits of said mo~gagcd premises and every part lhcrcof for all of which said Note shall be a sufficient ~rrant whether or not such lease or sublease has been assigned and to make from [ime to time all reasonable alterations, renovations, repairs, and replacements therelo. After dedocfing the cost of such alteralions ~novations, repairs, replacements, and lhe expenses incident to raking and retaining ~ssession of thc mo~aged pro~y, the management and o~ratioo thereof, and to kecp- in~ the same properly insured, to apply any residue of such rcn~ issues, and pmfi~ to the payment of (a) all ground rc~ls taxes khfrgcs claims assessments sewer and water re'ts, and any other liens that may ~ priorln lien or p~meul to fl]c debt secur~ ~ this Mo~gage wi~ interest ~e~on, (b) premiums for said i,surance, wilh interest thereon (c) the interest and principal due and secured ~ this Mo~gagc with all costs and attorney's fees; iff such order or priority as MoNgagec may determine, any s~tutc, law, custom, or use to the 5ontra~ notw ths~nd ag. The taking of possession of the mo~gaged premises by Mortgagee, as heroin prnvided, shall not relieve any default by Mortgagor, or prevent thc enforcemcnt of any of the remedies provided by said Note or this Mo~gage. The remedies provided ~ said Note and Ibis Mortgage or any other indebtedness therein pr~ided or s~ured ~ this MoNgage, and for the ~rformance of the c~cnants, conditions, and ag]~ements of said Note or this MoNgage are cumula,ve and concurrent, and may ~ pursued singly, or successively, or together, at the sole discretion of MoNgagee, and may be exe~iscd as allen as ~casion therefor shall occuy. PROWIDED, that in case default shall be made in thcpayment of any ins~llmcnl of principal and inlcrcsl, or any other payment hercinab~e or in the conditions of said~it~ Note p~ided for, or in the k~ping and ~rfor- mance ~ the Mo~gagor of any c~cnant or ag~ment contained therein or in this Mo~gage Ia bc ~ said Mo~ga$or kept and ~rform~, in the manner and at the time s~cifi~ for Ihe performance thereof, s.ch default will cnttllc Mortgagee foNhwilb to bring and sue out an Action of MoNgage Foreclosure upon this Indenture of MoNgage, or toinstitute any other appmpriale action or proc~ding to foreclose a mortgage, and to pmcccd ~e~eon to jqdg? mcat and execut on, for ~e~ of said principal debt or sums and all interest thereon and all other ....................r u'FHE MORTGAGOR COVENANTS AND AGREES THAT SHOULO THiS MORTGAGE 0R SECIIREI) IIEREBY NOT f~l] ELIGIBLE FOR GUARANTY OR INSURANCE IJNDERS',THE SEItV1CEMEN S READJUS'UMENT ACT WtTHiN 90 DAYS FROM THE DATE H~RE~'['EN STATEHENT OF ANY OFFICER OR AUTHORIZED AGENT OF THE VETERAN~i At~H].NISTRATION DECI. IlqlNG TO GUARANTEE OR INSURE SAiD MOTE AN;~ .~OR THiS MOIITGAGE i~EtNG DEI~MEi) CONCLUSI. VE PROOF OF S[JCH IN ~ ~[GIB[LIT'~ ) , TRE PRESENT I]OLIJER OF THE NOTE SECURE[) HEREBY OR ANY SIJBSEO[IDN'F-~LD~u,:Jl~OF MAY, AT ]'FSi ()PI'~ON, DECLARE ALL NOT[iS SECDRED HEREBY IMM.EII[ATELY DUE':' ANO PAYABLE.-' scculed togcther with an a tot toy's ct m n ssiou for co ection, as aforesaid and costs and exPertS~s~ of such pro- ceed ng, and to pursue any and all olher appropriate or equitable remedies in such cases provided~ilhout further stay of cxecut on or other process, a y aw, usage, or custom to the contrary notwithstanding. MOth,igor expressly wa yes a d relinquishes all benefit that may accrue by virtue of any and every law made or to be made exempting the mor gaged premises or any other prem scs or property whatever real or personal, from attachment, levy, or sale under exect t ( n or any part of the proceeds arising fro a any sale thereof, and all benefit of any stay of execu- t on, or any part of the proceeds arising from any sale thereof, and all benefit of any stay of execution or other process. Mortgagor hereby waives and relinquishes unto a. nd in faw)r of t~he M,ortg,a$.ee, .all benefit u~a. er.~an ~o~es now in effect or hereafter passed to relieve the Mortgagor In any manner [rOlrl the omlgfltlons assumeu in the ~n for which this Indenture m security. BUT PROV DED ALWAYS neverthe ess that if said Mortgagor shall pay or cause to be paid unto the said Mortgagee, the afnresaid debt secured by this Mnrtgage, when and in the manner hereinbefore mentioned and appointed fnr pay nent of tte same, together w th interest and a other sums hereby secured then and from thenceforth, his Indenture and t ~e estate herebygranted, as well as said recited Note. shall cease, determine, and become vnid, anything hereinbefore or in sa d Note Conta ned to the contrary notw thstanding. If this Mortgage is executed by more than bne person as Mortgagor, the liability of each shall be joint and ~veral. The covet ants conditions and prov Sons contained in said Note, or in this Mortgage. shall bind, and the benefits and advantages thereof shall ~nure to, the respective heirs, executors, administrators, successors, vendees, and assigns of the parties hereto or thereto; and whenever used in said Note or in this Mortsage, the singular nmnber shall include the plural, the plura the s ngular, the use of any gender shall be applicable to all genders, and the err "Mo 'tgagee' shal nc ude any payee of the indebtedness represented by said Note, or secured by this Mortgage, or any transferee thereof, whether by operatiuu of aw or otherwise. 1N WITNESS WHEREOF, Mortgagor hereunto sets his hand and seal. Daled the day and year first hereinabove written. SIGNED. SEALED AND DEIAVERED IN TItE PRESENCE OF: ~xx J~N J. WELLS ~JR. ~ ~ LLNDA LEE WELI~S .......................................... (SEAL) .............................................. (SEAL) correct addressT'3~'~theS~({~-h~r[l~t~'Mortgagee is Wimess my hand this ?~(..* La. day of CERTIFICATE OF RESIDENCE · do hereby certify that the , 19 9~ . NOVEMBER~ ~ ~ .......... Agent ~t,r~gage¢ COMMONWEALTH OF PENNSYLVANIA SS COUNTY Of: (_'~..o,,' ,b,-,-A ;.,, '~ on this )~c~ ~- day of A D. 19 before me, JOHN J. WELl,q? and I~o~h~ the ~i~ ~& ,ture of Mortgage to ~ act and deed,~~iU to be recorded as such. W TNESS my haud and seal the day anti year aforesaid: ' Z-I© ALL T}{AT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Carlisle in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the. northern right-of-way line of Northfield Drive at the dividing line between Lots Nos. 28 and 29 on the hereinafter mentioned subdivision plan; thence along said dividing line North 02 degree~ 43 minutes 32 seconds East 110.65 feet to an iron pinL thence along other lands of Albert E. Slusser and Joanne L. Slusser, his wife, and along the center line of a certain 20 foot wide storm sewer easement as shown on the hereinafter mentioned subdivision plan South 37 degrees 40 minutes 43 seconds East 37.98 feet to an iron pin; thence continuing along same North 89 degrees 28 minutes 37 seconds East 18.50 feet to an iron pin; thence along the dividing line between Lots Nos. 29 and 30 and through the center of a partition wall dividing the house situate on Lot No. 29 on said plan known and numbered as 1002 Northfield Drive and the house situate on Lot No. 29 on said plan known and numbered as 1004 Northfield Drive, and beyond, South 07 degrees 52 minutes 36 seconds West 85.49 feet to an iron pin on the northern right-of-way line of Northfield Drive; thence along said right-of-way line by a curve to the left with a radius of 761.86 feet 35.49 feet to a point, the place of BEGINNING. BEING Lot No. 29 of the final subdivision plan number 1 for Northfield prepared by Stephen G. Fisher, R.S. dated July 15, 1983, and recorded in Cumberland County Plan Book 45, Page 16. VA ASSUMPTION R~ER THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE 'VETERANS ADMINISTRATION OR ITS AUTHORIZED AGENT, I~{IS RIDER to the Security Instrt~ment is made this 30TH day of NOVEMBER , 19 92 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security InstrLm~nt") of the s~ae date, given by the undersigned (the "Borrower")-to secure Borrower's Note to BANK UNITED OF TEXAS FSB (the "Lender") of the sa~e date and covering the Property described in the Security Instrument to which this Rider is attached. The Security Inset to which this Rider is attached shall be amended by adding thereto the following described paragraphs: "This loan is immediately due and payable upon transfer of the property securing such loan to any transferee, unless the acceptability of the. assumption of the loan is es~mhlished pursuant to section 1817A of Chapter 37, Title 38, 'United States Code. A fee equal to one-half of t percent of the balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the A~ministrator of Veterans Affairs. If the assigner fails to pay this fee at the time of transfer, the fee shall conStitute an additional debt to that already s_~ured by this instrlmmnt, shall bear interest at the rate herein provided, and, at the option of the payee of the ir~ebtedness hereby secured or any tranferee thereof, shall be iamediately due and payable. This fee is autc~atically waived if the assumer is exam%ut under the provisions of 38 U.S.C. 1829 (b) . Upon application for approval to allow assumption of this loan, a processing fee may be charged by the loan holder or its authorized agent for determining the creditworthiness of the assigner and subsequently revising the holder's ownership records when an approved transfer is cut~leted. The ~aount of this charge shall not exceed the maximum established by the Veterans Administration for a loan to which Section 1817A of Chapter 37, Title 38, United States Code applies. If this obligation is assumed, then the assumer hereby agrees to assume all of the obligations of the veteran under the terms of the inStrun~nts creating and securing the loan, inlcuding the obligation of the veteran to ind~,~fy the Veterans Aclministration to the extent of any claim"'payment arising from the guaranty or insurance of the indebtedness created by this instrument." BY SIGNING BELCW, Borrower accepts and agrees to the terms and pmovisions contained in this Rider to the Security Instrument. JOHN !,l wEI,LS, JR LINDA LEE 'WELLS VA k~SUM~ION RIDER CMCA, LP 78305 (3/813) Exhibit "B" · TH~ ~LTL~ -SECRETARY ~*.,~ VETERANS AFFAIRS SHALL L. 'SUBSTITUTED FOR THAT OF '~ti~]M~.~TRATOR OF VST~RANS AFFAIRS EACH TIME THAT' IT APPEARS IN THIS '~gNT PURSUANT TO THE PROVISIONS OF SECTION 2 , PUB. L. NO. 100 522, THE ~/n~P~XDE~ART~ENT OF VETERANS AFFAIRS ACT. ' ~/VA :~n, :~s~ (t~ ~n~ PENNSYLVANIA MORTGAGE NOTE CAMP HILL Pennsy]vania. $ *~*~*'83,936.00 ' NOVEMBER 30 19 92 FOR V^LUE RECEIVED, the undersigned, JOHN J. WELLS, JR. AND LINDA LEE' WELLS . , , MARRIED ~f~r'.l. ~2r~ ' , hereinafter called the Maker, promises to pay to .d.~'g'A'N,K UNITED OF TEXAS FSB t'g~'~/) '$&~lbt~organizedandexistingunderthelawsofthe UNITED STATES , ]4~. ~ff.-o(de~ hereinafter designated as the Payee, the principal sum of EIGHTY THREE THOUSAND ~/'~'~NINEJ HUNDRED THIRTY SIX AND 00',100 Dollars ($ **',*'83,936.00 )with ~ V~inero~v.: _t_._2r_intere froln date at the rate of EIGHT AND 00000:100000 p.er centum- ~.-"~(~ 8~._",,?,,d_..~ 8. 000 %) per annum on the unpaid balance until paid, The said principal and interest shall be payable at thc office of BANK UNITED OF TEXAS FSB in HOUSTON, TEXAS 77027 at 3200 SOUTHWEST FREEWAY, #2000 or such place as the holder may designate in writing in monthly installments of S IX HUNDRED FIFTEEN AND 90~100 Dollars ($ ******'615 . 90), commencing on the first day of JANUARY , 19 93 , and on the first day of each month thereafter until the principal and interest are fully paid, except that the final payment of the entire indebtedness evidenced hereby, if not sooner paid, shall be due and payable on the first day of DE CE MB E R, 2022. PriviIege is reserved to prepay at any time, without premium or fee, the entire indebtedness or any part thereof not less than Ihe amount of one installment, or One Hundred Dollars ($100.00), whichever is less. Prepayment in full shall be credited on the date received. Partial prepayment, other than on an installment due date, need not be credited until the next following installment due date or thirty days after such prepayment, whichever is earlier. Simultaneously with the execution of this Note the Maker has executed and delivered to the Payee a Mortgage secured upon certain premises situated in the County of C U M B E R L AN D , Commonwealth of Pennsylvania, more particularly described in the Mortgage. All of the terms, covenants, provisions, conditions, stipulations and agreements contained in said Mm'tgage to be kept and performed by the Maker are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein, and the Maker covenants and agrees to perform the same, or canse the same to be kept and performed, strictly in accordance with the terms and provisions thereof. The whole of the principal sum or any part thereof, and of any other sums of money secured by the Mortgage given to secure this Note, shall, forthwith, at the option of the Payee or any subsequent holder thereof, become due and payable immediately, without notice or demand, if default be made in any payment under this Note, and if the default is not made good prior to the due date or the next such instalhnent; or upoa the happening of any default wbich, by the terms of the Mortgage given to secure this Note, shall entitle the Payee, or any subsequent holder hereof, to declare the same, or any part thereof, to be due and payable. The Maker does hereby empower any attorney of any court of record within the United States or elsewhere to appear for Maker, with or without a declaration filed, and confess judgment or judgments against said Maker in favor of the Payee or any subsequent holder hereof, as of any lerm, for the entire unpaid principal of this Note, and all other sums paid by the holder hereof to or on behalf of tbe Maker pursuant to the terms of this Note or said Mortgage, and all arrearages of interest thereon, together with costs of suit, attorney's commission of 5. 0000 % for collection, and a release of all errors, on which judgment execution or executions may issue forthwith. The Maker hereby waives the right of inquisition on all property levied upon to collect the indebtedness evidenced hereby and does voluntarily condemn the stone and authorizes the Prothonotary to enter such condemna- tion, and waives and releases all laws, now in force or hereafter enacted, relating to exemption, appraisement or stay of execution. The agreements herein contained shall bind, aad the benefits and advantages shall inure to, the respective suc- cessors and assigns of the parties hereto. Wherever used, the singular nmnber shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Maker has caused these presents to be executed under seal the day and year first above written. in the Presence of: e "~.'~,~ . .:. 5-'~5,'.--Z£/t', >~7~.z L/~.'~'-C (SEAL) (SEAL) (SEAL) Tins Is To CERTIFY th'.~.([!~!Y ~ ch~ Nlt~tO Ht. eorihorl in and secured by Mortgage of even date ~erew th secured on real estate simatein [ 'UHBgR~I~$ I Cnunty Commofi~ealth of Pegngylvania DEc ! 0 ~ WITHOUT RECOURSE FAY TO TNB ORDEXq OF: ~'AS~T. VICE PRESIDENT PAY WFrHOUT RECOURSE TO TH E ORDER OF BAf~K OF AMERICA, p,~ Exhibit "C" ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Carlisle in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on ~h9 .northern right-of-way line of Northfield Drive at the dividing line between Lots Nos. 28 and 29 on the hereinafter mentioned subdlvisi~n plan; thence ~long said dividing line North 02 degrees 43 minutes 32 seconds East 110.65 feet to an iron pin; thence along other lands of Albert E. Slusser and Joanne L. Slusser, his wife, and along the center line of a certain 20 foot wide storm sewer easement am shown on the hereinafter mentioned subdivision plan South 37 degrees 40 minutes 43 seconds East 37.98 feet to an iron pin; thence continuing along same North 89 degrees 28 minutes 37 seconds East 18.50 feet to an iron pin; thence along the dividing line between Lots Nos. 29 and 30 and through the center of a partitiom wall dividing the house situate on Lot No. 29 on said plan known ~nd numbered as 1002 Northfield Drive and the house situate on Lot No. 29 on said plan known and numbered as 1004 Northfield Drive, and beyond, South 07 degrees 52 minutes 36 seconds West 85.49 feet to an iron pin on the northern right-of-way line of Northfield Drive; thence along said right-of-way line by a curve to the left with a radius of 761.86 feet 35.49 feet to a point, the place of BEGINNING. BEING Lot No. 29 of the final subdivision plan number 1 for Northfield prepared by Stephen G. Fisher, R.S. dated July 15, 1983, and recorded in Cumberland County Plan Book 45, Page 16. Exhibit "D" ©~ ~ ° ~m Exhibit "E" NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (the Act) 15 U.S.C. SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting the debt. 2. The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaintiff as named in the Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of the mortgage note attached hereto, will be: assumed to be valid by the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. Z SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 KINGS HIGHWAY, SUITE 210 CHERRY HILL, NJ 08034 (856) 755-1560 ATTORNEYS FOR PLAINTIFF BANK OF AMERICA, N.A. PLAINTIFF, VS. JOHN J. WELLS, JR. AND LINDA LEE WELLS DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-6897 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly settle, discontinue and end without prejudice the above captioned complaint in mortgage foreclosure. SPEAR AND HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Attorneys for Plaintiff