HomeMy WebLinkAbout09-3802ROBERT D. KODAK, ESQUIRE
KODAK & IMBLUM, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7159
Attorney for Plaintiff
BRANCH BANKING & TRUST CO IN THE COURT OF COMMON PLEAS
servicing agent for BB&T Credit Cumberland COUNTY, PENNSYLVANIA
Services, Inc. /?
Plaintiff NO. OQ - 580ot Oivil erns
v
CIVIL ACTION - LAW
JEFFREY MORGAN
Defendant(s)
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an
attorney and filing in writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
AVISO
LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion
dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y
Aviso radicando personalmente o por medio de un abogado una comparencencia escrita
y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas
presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion
como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier
suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso
adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
BRANCH BANKING & TRUST CO IN THE COURT OF COMMON PLEAS
servicing agent for BB&T Credit Cumberland COUNTY, PENNSYLVANIA
Services, Inc.
Plaintiff NO. 09- 3M2- CjtA.e
v
CIVIL ACTION - LAW
JEFFREY MORGAN
Defendant(s)
COMPLAINT
The Plaintiff, BRANCH BANKING & TRUST COMPANY, by its attorneys, KODAK
& IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum
of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED DOLLARS AND EIGHTY-
FOUR CENTS ($118,700.84), along with interest thereon at the rate of 6.975% from March
1, 2009, upon a cause of action of which the following is a statement:
1. The Plaintiff, BRANCH BANKING & TRUST COMPANY, is a corporation organized
and existing under the laws of the State of North Carolina, having its principal office
and place of business at 1410 Coulter Drive, Roanoke, VA 24012.
2. The Defendant, JEFFREY MORGAN, is an adult individual residing at 4516
Warrington Ave, Unit D, Mechanicsburg, Cumberland County, PA 17055.
3. On or about December 7, 2006, the Defendant(s) did enter into a Retail Note and
Security Agreement for a second mortgage on Defendant(s) property at Lot 49,
Phase I, Summerhouse On Everett Bay, Holly Ridge, North Carolina. A true and
correct copy of said Retail Note and Security Agreement is attached hereto, marked
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\BB&T - BRANCH BANKING & TRUST\35403.wpd 2
Exhibit "A" and made a part hereof.
4. On or about April 7, 2008, the Defendant(s) defaulted on his obligations to Plaintiff
under the terms of the Retail Note and Security Agreement attached as Exhibit "A",
by neglecting and refusing to honor the remaining contract payments.
5. After appropriate notice to Defendant said property was sold at foreclosure sale for
the sum of One Hundred Twenty-Eight Thousand Dollars ($128,000.00) as set froth
on Plaintiffs January 29, 2009 Final Accounting notice to Defendant, attached
hereto, marked Exhibit "B" and made a part hereof.
6. The balance due and owing by Defendant(s) to Plaintiff under the Note, after the
foreclosure sale aforesaid, is the sum of Ninety Eight Thousand Nine Hundred
Seventeen Dollars and Thirty-Seven Cents ($98,917.37) as set forth on Plaintiffs
Affidavit of Account attached hereto, marked Exhibit "C" and made a part hereof.
7. Due to the default of Defendant(s), and pursuant to the terms and conditions of the
Retail Note and Security Agreement executed by Defendant(s), attorney's fees in
the total amount of Nineteen Thousand Seven Hundred Eighty-Three Dollars and
Forty-Seven Cents ($19,783.47) have been added to said account.
8. Plaintiff frequently demanded payment from Defendant(s) of said amount due and
owing as aforesaid, but Defendant(s) refused and neglected and still refuse and
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\BB&T - BRANCH BANKING & TRUST\35403.wpd 3
neglect to pay said amount of any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendant(s) the sum of
ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED DOLLARS AND EIGHTY-
FOUR CENTS ($118,700.84), together with interest as set forth herein.
Respectfully submitted,
KODAK & IMF, P.C.
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney ID No. 18041
Attorney for Plaintiff
(Page 20 0€ 23)
BBU CUSTOMER NUMBER 9039!25092
RETAIL NOTE AND SECURITY AGREEMENT NOTE NUMBER 09001
of Virginia DATE Dwetaber7 2006
CREDITOR: BRANCH BANKING AND TRUST COMPANY OF VIRGINIA; 823 EAST MAIN STREET, RICHMOND, VIRGINIA 23218.3310
DEBTOR(S): JEFFREY MOGAN
(In this Retail Note and Security Agreement (also called Contract) the words, 1, me, my, meta and us mean each and all of those signing the Contract.
The words you, your, and young moon Branch Banking and Trust Company of Virginia.) In return for a loan that 1 have received from you, I promise to
pay to your Order at the office in the above city the amount of:
TWO HUNDRED TWEIM THOUSAND DOLLARS A 001100
U.S. $ 220•000•00 Itthe 'principal'), pin interest on the unpaid principal from the date of this Contract at the yearly (choose one only):
Q FIXED RATE OF 6.975 _ %: OR
? VARIABLE RATE OF %, TO BE ADJUSTED BASED UPON
(THE IMTIAL RATIO +
but shall in no event exceed the maximum rate snowed under applicable law, together with insurance charges and LATE CHARM if any, according
to the Payment Schedule and other Contract terms Be set forth below in the Special Reguletkn Z Truth in Lending Disclosure Box iharsin Special
Regulation Z Disclosures) and according to other Note terms as provided below:
Interest: Interest will be charged on that part of the principal which has not been paid and unless I have the right to rescind, will be charged beginning
the date of this Note and continuing until the full amount has been paid.
If checked here I haw the dot to rescind WE ban If I choose of to do so I understand my interest charges will Mein to scene on
Security for Payment and Performance. To protect you if I default in the payment or performance of any obligation arising under the terms of the
Contract, I grant you a security interest in certain property and in all additions, accessions, parts, and equipment attached to property and In all
substitutions, along with any proceeds of the property (hereinafter collectivity referred to so "Constsral') as described below:
E Elf chocked here, I have given you a security interest in certain personal property n described in a separate Assignment or Security Agreement
('Security Agreement*) and/or I have executed a mortgage or deed of trust VMottgage'I in favor of you which when recorded will be a Nan on real
property described in that document.
? If chocked here, I have given you a security interest in certain personal property as described below.
Collateral Description: MOBILE HOME
YEAR MAKE TYPE BODY MODEL SERIAL NUMBER(S) SIZE BEDROOMS
OTHER
Except as to any collateral rrower s now use or are purchasing to use as Borrower(s), principal w sac as a mobile home), this security
interest shall also secure any other outstanding or future debts of Borrower(s) to Bank. The collateral will normally be kept at this address:
If the property is affixed or is to be affixed to real estate, the real estate is described as follows:
and the record owner is:
DDEIatA1 DE92111 ATEAY 7 n ictrl neimr-c
ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Optional Payment Total of Payments
The cost of my creak ae a Y-ty IM The WIN amount the craak we TM arnmmt Of aedh poWded 0 me
cost ma d on my beW I llo"CUOn The wount I IN have pay also I
have made all pwm eats n IOWJ d
7.361 % E $ 46,575.46 $ 217,800.00 E i E $ 264,375.46
MY PAYMENTSCHEDULE WILL BE:
Number of egyments Amount of Paymentx Man PaXiments Are Due
35 $1,702.32 Mordlily, Beginning January 7 2007
I .794.74 Final Payalcot put r 7. 2W
SECURITY: I am giving a security interest in; FILING FEES AND TAXES $ 49.00
I may have to pay a penalty. I understand that I
d
®
obe
a
i
i
The goods or property being purchase
my McDNd Finance Charges.
r
. will not be enti
s of
led
to
? Other
Collateral securing other loans may also secure this loon. REQUIRED DEPOSIT: If your loan is secured by a deposk earning Isis than 5%,
the annual percentage rat does of take into account your required deposit.
LATE CHARGE: If a payment or any part of a payment is past due 7 or more days after the due date, 1 will be charged 5% of the amount of the
payment past dos. When an instalment payment is past due 7 or more days, subsequent payments will first be applied to the past due balance.
VARIABLE RATE: If d-lted here, my loon contains a variable rat Isouns and is secured by my principal eweang. Disdawres about the variable raw feature have been
provided to me sedier. The maximum Annual Pvpntage Role that may be inpwW is 15%. or 10% if your loan amount is $25,000 or loss.
if Checked here, my loan contains a variable rate feature, but is ONI secured by my principal dwolang or is seamed by my principal dwelling but
l
th
i
d
G
RAT
ecrease on my
oan as
e
ncrease or
E may
E
has a maturity of one year or ins. The ANNUAL PERCENTA
increases or decrease.
My rats will not change more Chen then and it wNl not increase above nor decrease below
%. Any increase in rota will result In Mobs, payment. or ?addhlanal payment, w F1 higher final payment.
ISw HYPOTHETICAL VARIANUE RATE EXANPL96 below.!
"IMPTION NOTICE: If this loan finances the purchase of property to be used as my principal dwaang, someone buying my dwelling cannot assume the remainder of
'A
thle bin under the original terms.
Informotio n about nonpayment, default, any required rspayrner?t in full before the scheduled data, and prepayment refunds she penalties appears in my contract
document.
E mans an estimate Ilf a box ? is not checked that term does not apply.)
HYPOTHETICAL VARIABLE RATE EXAMPLES
Higher Payments: If my loan were for $5,000 at a rate of 15% with 36 monthly payments of $174.04 and the rate
increased by 2% after three months, my payments would increase to $178.63.
Additional Payments: If my loan were for $5,000 at a rate of 1596 with 36 monthly payments of $174,04 and the rate
increased by 2% after three months, 1 would pay one additional payment of $174.04 and a final payment of $20.40.
Higher Final Payment: If my loan were for $5,000 at a rate of 15% with 36 monthly payments of $174.04 and the rate
increased by 2% after three months, my final payment would increase to $365.43.
THIS AGREEMIE i• IS SUBJECT TO THE ADDITIONAL T6RMS AND CONDITIONS POUND ON PAGES 2, 3. AND 4 WHICH ARE INCORPORATED BERM BY RE"AWCB
ACCOUNT( / NOTEN
9039925092 09001 I MEN01
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1481 VA moil
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(Page 21 of 23)
ITEMIZATION OF AMOUNT FINANCED
The Amount Financed of e ' 21'f fI00 00 is distributed as follows:
Amount given to me directly 11 0.00
Amount paid on my account (t
5
Amount paid to others on my behalf
(s) Insurance Companies 6
(b) Public Officials (Filing,
Recording Fees and Taxesl S
(c) Appraisal Fee
1`1
Idl Attorney's Fees to $
Is) Title Insurance Premium
to 0
Ifl Other S
' S
Other James W. Thommon III. P.C. 220,000.00
IgI Origination Fee, Flood Fee 1
Less: Prepaid Finance Charges horn tee. noW Iw. etc.) (i 2.200,00
Insurance Products are
Not a deposit or other obligations of, or guaranteed by BB&T or
its sfffiistes.
Not Insured by the Federal Deposh Insurance Corporation IFOIC)
or any other agency of the United Stela or by BB&T or its
affiliates.
r If applicable, there is investment risk associated with the
insurance product, including the possible lost of value.
OPTIONAL BB&T PAYMENT PROTECTION OPTIONS
The purchase of BB&T Payment Protection is not required for
obtaining credit and will not be provided unhsa I two) sign below,
boxes we chocked to show the protection I (we) want, and I two)
sign the separate agreement for this protection. I (We) understand
that I Iwo) may cancel the protection at any time. The protection is
for the stated term of the Retail (dote.
P ed Events
, I want single Loss of Ufa and
Terminal illness protection at a cost of: 11
E] Yes, we want pint Loss of Life and
Terminal Illness protection at a cost of: s
Yes, I (primary protected borrows) want
Disability protection at a cost of: 11 Protected Debtor
Protected Debtor
Yes, I want Job Loss protection
at s cost of: s
Protected Debtor or o•Debtor
M No, l(we) do not wont any Payment Protection or Ilwe)
underatand that Ilwel am(are) not allgibN for Payment
?Protec
?ebtor'e Iratiak
DRAFT AUTHORIZATION PROPERTY INSURANCE4 may obtain Property Insurance from
anyone I desire that Is acceptable to Vow. If 1 obtain property
Please debit my acct. 0 insurance from BB&T, I will pay the premium shown below. No
insurance is provided unless the premium is shown.
for my loan payment each time it is due.
I wart property insurance from BB&T at a cost of
Authorized Signature
for a term of months.
THIS CONTRACT IS SIGNED AND ACCEPTED SUBJECT TO THE ADDITIONAL TERMS AND PROVISIONS
CONTAINED ON PAGES 3 AND 4 WHICH ARE MADE PART OF THIS CONTRACT BY REFERENCE
EXECUTION/ACKNOWLEDGEMENT OF RECEIPT OF DISCLOSURES
The Undersigned (i) acknowledgels) receipt of a completed copy of this Note and Security Agreement with the
disclosures contained herein, which disclosures were made prior to signing, d i) agrees to the terms and conditions
hereof. Witness our hand(s) and Seal(s), which are adopted by us.
WITNESS: Debtor {SEAL)
WITNESS: Debtor (SEAL)
WITNESS: Debtor (SEAL)
WITNESS: Debtor (SEAL)
1491VA most Page 2 of 4
(Page 22 oiE 23)
1 ALSO AGREE TO THESE ADDITIONAL TERMS: CUSTOMER x; 9039925092 NOTE M
Payments. I have promised to repay this Contract under the payment schedule as set forth on page i in the Special Regulation Z Disclosure box. I
understand that you will normally apply all full and timely scheduled installments under this Contract first to accrued Interest, then to payment
protection fees, if any, than to the unpaid principal balance. I may repay ".Contract at any, time, either in fill or in part, provided 1 also fay the
payment protection fees, if any, and accrued interest due through the data of my early payment, and repay closing costs as required by this Contract.
Bank shelf not be obligated to accept any check, money order, or other payment InshumaM marked "payment In full" on my disputed amount der
hereunder. and Be* expressly reserves the right to meat all such payment Instruments. Borrower areas that tender of he check or other psyment
instrument se marked wig net satisfy or dbaharp its eblyatlsn under this Note. disputed at otherwise, even if such check or payment instrument Is
Inadvertently processed by Bards unless In fact such payment Is In fact sufficient to pay the amount der henutder.
Estimated Credit Terms. I understand that the disclosed charges for Payment Protection coverage are applied on a daily basis. In addition, the Interest
accrues on the outstanding principal balance on a dally basis. Consequently, the amount you have disclosed for the Flnance Charge, Payment
Protection charges and the Total of Payments are estimates and the actual amounts paid may increase or decrease based upon my payment habits.
Prime Rata. 11 the words 'Prime Rate,* "Bank Prime Rate," "BB&T Prime Rate,' 'Bank's Prime Rate,' or 'BB&T's Prime Rate' are used in this
Agreement, they shall refer to the rate announced by the Bank from time to time as the Prime Rate. I understand the Bank makes loam both above
and below the Prime Rate and uses indexes other than the Prime Rate. Prime Re" is the name given a rate index used by the Bank and does not in
itself constitute a representation of any preferred rate or treatment.
Security. Unless otherwise provided herein, it is expressly understood and agreed that any and all Collateral (Including but not limited to, real property,
personal property, fixtures, inventory, accounts, instruments, general intangibles, documents, chattel paper and equipment) given as security to Insure
my faithful performance and that of any third party of any or all obligations to you, however created, whether now existing or hereafter wising, shall
remain as security for the Retail Note(s). it is understood and agreed that if you release any property herein, you will not be required or obligated to
take any further steps to release said property from any Non or security interest unless you determine, in you ads discretion, that you may do so
without consequence to your secured position and relative priority in other property; and union I bear the reasonable cost of such action.
Ssvwabghy. Whenever possible, the provisions of this Contract shall be interpreted in such manner as to be effective and valid under applicable law,
but if any provision of this Contract shelf be prohibited by or invalid under such law, such provisions shall be ineffective to the extent of any such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Contract.
Ownership and Disposition. I am the owner of the collateral, and if there is a title to the Collateral, I will promptly deliver it upon request. I will not sell,
lease, make a gift of, or otherwise dispose of the Collateral without your prior written consent.
Location and Inspection. You have the right to impact the Collateral at any reasonable piece and time. I will cooperate fully to make the Collateral
available for your inspection within three days of you request. I will keep the property at the address shown on the reverse and within the State of
Virginia. I shell not use the Collateral outside the United States without you prior written consent. If I move the Collateral to another location, I shall
promptly notify you.
Additions and Substitutions of Property. All equipment, accessories and parts added by me will become part of the Collateral by accession. With your
prior written consent, I may substitute otter property for the Collateral in which event, ON rights, duties, obligations, remedies and security Interests
shall cover fully any such substituted property.
Financing Statement. I will sign any financing statements, continuation statements and security interests filing statements regarding the Collateral and
will pay all expenses of preparing and recording such statements when requested by you. I aleo grant you my Power of Attorney, which shell be
effective so long as any amount is unpaid on the obligations secured by this contract and which giros you the right to sign my name on env financing
statement you wish to tile. I further specifically authorize you to file financing statements without my signature In any locations you believe necessary.
Other Security Interests. There are no other security interests or any other liens on the Collateral other than yours and those which I have disclosed to
you in writing. I will not place, or allow to be placed any other security interest or Non on the Collateral while this Contract is still in faros without you
prior written consent. Should a Ilen of any kind be pieced on the Collateral, I will promptly see that it is paid, satisfied, cancelled and removed. If the
Collateral consists of a one-to-four family residential dwelling unit, the further voluntary encumbrance of such dwelling unit shall not be prohibited and
shall not be deemed an event of default. 'Voluntary amumbri nce' shall not include any tax liens, judgment liens, mechanic's Ike, or any Ions
which arise by operation of law, all which shall be considered an event of default hereunder.
Maintenance. I will keep the Collateral In good condition and good repair and I will not allow anything to be done to or with the Collateral that would
lessen its value, except for normal use.
Insurance. I will keep the collateral insured at all times with the type of insurance and in such manner as you require. I shall pay all premiums for such
insurance when they are supposed to be paid so the insurance wig not lapse. If the collateral is damaged or destroyed, 1 understand that it is my loss
and not yours. N I do not keep the required insurance in force or do not pay the promiums when due, you can force place celleteral protection
insurance which does not provide Nobility coverage, but which Insures you interest In the collateral with a policy written for the remaining term of my
loan and backdated to the date of any lapse in coverage. 1 authorize you to obtain coverage as contained In your program of Insurance and collateral
protection policy as in effect from time to time the terms of which we incorporated herein by reference which may include coverage in the U.S.,
Mexico, and Canada, a maximum of $50,000.00 coverage limited to the oast of the cost to repair or replace any vehicle with another of like kind and
quality, actual cash value or the net payoff on my loan. I authorize you to obtain this coverage and acknowledge you will earn a commission for
placing this insurance. You may add the cost of this coverage to the outstanding balance of the Contract and It shall bear Interest at the lesser of the
Contract Rate or sixteen percent (18%1 par annum until paid. You may also Increase the amount of my monthly payment such that the loan will be
paid at maturity (may include irregular final payment). In than alternative, s balloon payment will be due at maturity. However, I understand that you do
not have to cover the collateral with insurance. If you do not Insure the collateral, none of your rights or remedies against me will be prajAicod. I
agree that only the primary debtor will receive notices regarding insurance matters and corresponding modifications to my payment schedule, If any.
Any amount you pay for ram will be secured by this security interest I have granted to you. All Insurance proceeds under any insurance policy shall be
payable to you for the amount of any money 1 owe to you. 1 will deliver to you the insurance policy or policies or a certificate of Insurance, which may
be applicable for insurance which I obtain. I give and assign to you any unearned insurance premiums which may be returned an cancellation of any
insurance policy and spree that refund of any collateral protection insurance placed by you will be tabulated and paid under the 'Rule of 78'8'. 1
appoint you my attorrmy4n-fact to settle any insurance claim and to endorse any draft or check which may be payable to me so as to collect any
unearned Insurance premiums or insurance proceeds. I understand that erg insurance proceeds and returned insurance premiums received by you will
be applied against the money I owe you and any balance remaining wig be paid to me. You owe lie no fiduciary duty as to claims or placing
insurance.
Events of Default. I will be in default under this Contract if an of the following events take place:
1. If I fail either to make a payment on time, or to perform all of my obligations under this Contract or under any other agreement I have made
with you either now or in the future; or
2. If I or any other person or entity obligated under any other contract, note, agreement or document given in connection with this credit
transaction, either now or in the future (herein 'Obligor'), violates any term, provision or covenant contained therein; or
3. If I fail to furnish you Information sufficient to verity my identity as required under the USA Patriot Act; or
4. If I or any Obligor make a false or materially misleading statement to you in connection with this or any other credit transaction; or
5. If I or any Obligor die, become insolvent or bankrupt; or
6. It the Collateral, if any, has been substantially damaged or lost or stolen; or
7. It 1 or any Obligor faills) to provide adequate and continuous insurance on any Collateral, as required by the Retail Note(s) or this Agreement
or any other agreement with you; or
6. If i or any Obligor should use the Collateral, if any, in violation of any kw, rule, regulation or government order; of
9. If a judgment or lion, including a tax lien should be filed or levied against me, or an attachment or garnishment should be issued against any
of my property or rights; or
10. If you should consider any of my obligations to you under this or under any other agreement, contract, note or instrument unsafe or not
completely secure, or if you should behave, in good faith, that my chances of payment or of other performance under this or under any other
agreement, contract, note or Instrument have been impaired.
1491VA no5oai Page 3 of 4
(Page 23 of 23)
Rah and Romedl s. It I am in dot other then a payment default. you, may. without prior notice, require the Immediate payment of the total
indeb edness due under the Note and Other Obligations and you shall have all rights and ramedies as provided under the Viryinia Unilam Commercial
Code, including the right of repossession. N I fault on a payment, and if I do not cure such payment default end bay ?Yalate ? p +
W" sawn 17) days QMM: the installment der date may, without error notice require the imrnediateUWnNyor ant of the told der under
right
the Note and Other ?aptbna, and you she have a9 d . Youghta and rameeMS as provided under the Vrginia rm Commsreid Code, mCwding the
of repaaasion. You may repossess theWaw?ty without: giving ma anY notice before dok?g so and you have my permission to enter arty pre
where the Property is located to recover the property. It reques . 1 will promptly gel the lrroperty Uw#w and deliver It to you. AN of is
end remedies are curtr lattve and may be exercised you concwremly Faliwe or delay by you to exercise any of you rights and to fee at
time wig not mean that you have given up or lost the runt to exercise that rloM or remedy or any other right or remedy at a latw time. In addition.
you may agree with anY one or more Obligor an the Note or an any Other Obligation to charge the terms of payment, renew or extend any turn
without notifying me and such actions shag not release the Property from your Non under this Agreement.
RIC of Offset. If I am in defauh, I authorize you to exercise Immediately your common law right of offset against any monies or credits I might have
with you.
No Waiver of Rights. You may accept late or partial payments as well as delay enforcing any of your rights on any occasion, without losing your rights
under this Contact.
yReepayment of Client" Costs. If the Bank pays any or all of the cla" costs ntto establish my account, and I elect to terminate my account within three
buts ofr helimorhM tohe tltNtirisuirNineiapreee t repay attorney apprdsd ttlood cirtTficatbpnp eaid outside nd recordinng }i„iders on my behalf. These costs may h nclude,
Subordination. 1 understand and spree that if 1 make a request of the Bank to subordirnete the lien position of my account to another Henholder, you
may charge and collect a tea of $100 for the processing costs associated with this service.
Rearmed Payment Fee. I agree that you are entitled to cMros and collect a processing fee of $26.00 for a check on which payment has been refused
by the payor bank because of insufficient funds or because I did not have an account at that bank.
Release Fee. You may be assessed a lien release fee, at the the run ban is paid off, of an estimated amount of $31.00 which will be based on the
amount currently charged by the county at state for releasing Vow Ron.
Additional Fees. If you agree, in your sole diaerepp'on, to defer any payment of principal and/or interest, I agree to pay a fee, each time you doter such
psyment,in the amount o twenty five tbNws (i26). If you IWree, inyyow sole discretion, to renew the farm of you loan, or to modify ai r term of this
Contract. or any other docu wet executed In connection with thle Common, 1 agree to pay a fee at each renewal or modification, In the amount of
two percent (1 of the outstendirg princip f and Wasnot balance determined at the time of such renewal or modification if such ouuta balance
is leas than or sequel to $2,600.00. I} the outstanding principal and interest balance determined at the time of such renewal at modiNestian greeter
then $2,600.00. 1 agree to pay a fee of $60,00 at each renewal or modification. If I default under this Contract, I agues to pay an of yaw *ovation
and legal expenses, including your reasonable attorneys' fees. I agree that 33% of the sum of the unpaid principal balance plus all accrued interest
owing at the time you file Sun shall amount to your reasonable attorneys' fees.
inqubles About Your Account. When errnntinmgg or casinnop about yo account, please furnish your complete account number. For questions or 'u?4uirias
about your account you may contact any BUT, branch office. It you dispute the accuracy or completeness of any Information supplied by 6867 in a
consumer report furnished by a consumer roportnttp agency, please write:
BUT Loan Services
P. 0. Box 23,316
Wilson NC 2 893
MC: 160-60.02-67
Re.pom*Mty of Persons Under This Contract. If more than one person 9. this Contract, each of us is fully and persons obupa_ced b pay the full
amount owed and to keep all of the promisee made In the Contact. Any .Anton, surety, of endorser of this Contract Is abo oagated to do these
things. You may enforce your rights under this Contract against each of us individually or against all of us together.
agreement with you, such as to discharge
Actions Taken on My gehall. It 1 fail to do anything 1 am required to do under this Contract or any other
taxes, Ilene, security interests or other encumbrances at any time levied or placed an the Collateral dace orw pay for arty Inwance thereon, order and
t
, maintenance and preservation thereof or pal! any necessary recording or IN" Nee you may, in your sole discretion end without
y for the regal
TMee omounu so spent will ba added to the unpaid balance of whet 1 awe you larder
rt I obSpatiioonn take these acts on my behalf as you aee fit.
this Contact and the rate of interest accruing on 1M unpaid principal balermos of the Comsat whit ba apW1edpaid1 I fully repay you. You mat, WR are
not obligated to, frhtrssas the amounts of my paYrems vndar tMs Conaaet to cover the naultknp tptrl un balance. I ogres to make tFOas eve
payme emourm if you w ratify me. You aao wiA be prd?acad by yew secuity intorestls) as to Nhase amortn in diner CtWtwai seetmek+g ehep der
sacura the
se annouhu, However, amryr Payment Prctectiun will not cover theee eddfaonat amount or any reeultig additional interest 1 undrstand Chet
anYY inswenoe purchased for ms utpon mhhy IdWre to maintain stmofn inewance, such as perry iewsnoe, wit only protect yew Interest in the
Collateral. You era wrier no te purchase. inswence to prctact my inmew, if any, in the Colleterel, or to othenviee serisy arty legal
rsrNrirement such as Uhosa for hie 'tY inewarce eowntg personal inpoy srd property damaps to ethos.
Governing Law. This Contract shall be pp nreed by the law of the State of Virginia; provided however that arty Mortgaagpee or Deed of Trust
encumbering the Borrower's property loco ad a state other than Virolnis shall be governed by and construed In accordance vvttln laws of that auto,
and the Borrower hereby submits to the jwisdietion of the state in which the pprroperty is located in connection with any foreclosure or enforcement
proceeding undertaken in connection with the Borrower's property. This is the entire agreement between you and me. No other agreements or
understandings exist outside of this document.
Arbitration. Any wuesolwble controversy or claim between us including but not limited to those arising out of of relating to this instrument.
asgqreement. or document or any related instruments, agreements or documents shall be determined by bind'ug arbitration in accordance with the
Comprehensive Arbitration Rules and Procedures of I.A.M.S.1 Kndispute or any eucaeesor gNreof (J A.M.S.") and the rules eel forth herein.
Judgment upon ,env arbitration award may be enured in any court having jurwift on. TM a nation award shah Include 11) a provision Ow *in
aflinga and fns uch arbitration shall recover its costs of the arbitration and reasonable attorneys' fees from the other party; and (2) the amount of
ProvArbitration hes ' will be held in Winston-Salem. North Carolina, for North Carolina Contracts, Cakanbia, South Carolina for Sough Carolina Contacts
and Richmond. Viryinia for Virginia, Contract . or .with other city as you and I may mutually agree. The arbitration shall be administered by J.A.M.S.
who will appont one It wtiltrktor who shag be a retired judge or redred attorney oxparlarhcad in bank landing contracts. AN arbitration hasrkgs wig
be commenced within !? days of the other party's of written demand 01 erbiti Uon hither, the arbitrator onhr IM be penltUd, upon a
showing of cause, to extend the commensemernt of such t boariN for up to an additional BO days. Any controversy or Oldm?t to this arbitration
provisos not submitted to arbitration within one It1 year after such cause of action has accrued shell be doomed barred, tsnd' arrir bngar
statute of limitations available at law. NotwitMtanakmp the foregoing, unless previously arbitrated M the event: of any, defwlt in an obNga n f owe to
you, you may file a civil action against me to c~ amounts owed by nos to you at any time within three (3) years from the last event of default.
Nothing in this arbitration provision shall be deemed to (11 Permit the arbiustion of a controversy at chin (even iderrWa9 with another person or
permit class-wide arbitration- or 121 limit the pp?abiit of any otherwise applicable waivers contained in this instrument, I eemem, or documa n
of 13) be a waiver by you of the protection a}idirded t?out by otlrerwlee applkable federal or state law; or (4) limit Yew right tsl to exercise self-help
remedies against me such as (but not M*od to) "toff; (b) to institute and maintain foreclosure or safe against any personal property collateral, of It)
to petition a court for provisional or ancillary remedies such as (but rat limited to) "'w+ctWe relief or writ of possession. You may exercise such
self-help rights. foreclosure upon such property, or obtain such provisional or ancsarryy remedies before during or after the pendan yy o?f any
arbitration procaediq brought pursuant to this Instrument, sWeament. or document. Neither this exercise of sell-hafp remedies not the insthutlon or
maimenaroa of an action for foreclosure or provisional or ancillary remedies shelf constitute a we"( of the right of any parry, including the claimant
in any such action, to arbitrate the merits of the controversy or claim occasioning resort to such remedies.
Guaranty of Third Persons
By signing below and to induce low to grant the requested credit extension to the OaMorls), Uwe unconWti"Ify guar=It romp[ payrem wen
due to you, Branch Banking and Trust Company of VirgWa, and any other holder of the above Note of the antra aowNlg7lwce the Note If the
Debtor(s) defo ltia) in psymern or performance of any abbo ? to you. This Is a guaranty of payme rind not of collection. wales notice of
acceptance of this ppuranty and agree you don't have to noiifyate/us it any payments under the 11 eta hew not been paid at it the Debtor) 1wlMw)
otherwise defaulted. You con ch err to terms of the Note or the schedule of payments or release any security or any Debtor without noti me or
releasing me from respondbiihy urxir this guaranty. I agree to be bound by all terms of the Note and agree to pay all amounts ouder the Not,
on demand, without requiring you to bring suit or take other action against the Debtorr any tolls al for the Contract. In addition, each of the
undersigned expressly waives any right to requirre yo?to recover pacer the Debte4.) a arty collateral pursuant to any applicable law, statute or
regulation, including the provisions of Virgirla Coe 49.26 and 49-26 If you sue to enbrce this pueranty agreement. Vwe agree to pay the
ressoabie attorneys' fees of the holder of this guaranty equal to 33% of the outstanding balance owing an the Mract.
This guarent is the joint and several obligation of each of us. Witness the handle) and "ails) of the undersigned. I/We herewith adopt as myfour seal
the word (SEAL) appearing above, beside or near my/our signature(s) below:
(SEAL}
ydtnass
Marlton)
W,tnass
ISEAL)
Page 4of4
1491 VA 'osos'
_ Branch Banking & Trust Co.
Recovery Department
1410 CouRer Drive, N.W.
Roanoke, VA 24012-1132
FINAL ACCOUNTING
Date: January 29, 2009
Client: Jeffrey Morgan
Account Number: 90399250929001
Property Address: Lot 49, Phase I, Summerhouse on Everett Bay, Holly Ridge, NC
Branch Banking and Trust Company foreclosed on the above referenced property after
making demand for payment.
This notice is to provide you with an accounting of the disposition of the proceeds of the sales
and to advise you of the remaining balance owing on the account. The accounting is as
follows:
Loan balance at time of repossession .................. $
Accured Interest .......................................... $
Late Fee(s) ................................................ $
Appraisal Fees(s) ......................................... $
Legal Fee(s) ............................................... $
Release Fee(s) ............................................ $
212,921.89
9,859.82
510.66
475.00
3,150.00
00.00
AMOUNT OWED BEFORE SALE ...............................$ 226,917.37
Property bid in .............................................$ 128,000.00
Other credits ................................................$ 00.00
LESS TOTAL AMOUNT CREDITED TO ACCOUNT .......... $ 128,000.00
BALANCE OWING AFTER SALE OF COLLATERAL ........................$ 98,917.37
The balance owing is due and must be paid. In the event that you cannot pay the account in
full, please call Teresa Slate at 1-800-288-1559 and discuss the possibility of establishing a
plan of repayment that is satisfactory to both you and BB&T. Our office hours are Monday-
8:00 A.M-6:00 P.M., Tuesday-Thursday-8:00 A.M.-9:00 P.M., Friday-8:00 A.M.-6:00 P.M., and
Saturday-9:00 A.M.-1:00 P.M.
r
If the account is not paid in full within ten (10) days from the date of this letter, BB&T will
commence legal action against you.
Sincerely,
Kelly D. Whittaker
SA Recovery Department Clerk
BB&T Best Bank in Town Since 1872
EXHIBIT _&*--
08 SP 698
In The General Court of Justice
Onslow County Superior Court Division
Before The Clerk
IN THE MATTER OF: FINAL REPORT AND ACCOUNT
Name of Mortgagors/Grantors
effrey Morgan OF
ame of Mortgagee/Secured Party FORECLOSURE SALE
ch Banking and Trust
rs of Record (if not original
ne of Holder of Security Interest (if
original mortgagee)
Name of Trustee
Jeff D. Rogers, Substitute Trustee
Deed of Trust, Book And Page No.
Book 2784 Page 61
G.S. 45-21.31, 45-21.3:
All of the property referred to in the mortgage or deed of trust indicated above was sold as a whole and the entire
amount of the secured obligation was satisfied.
s Are Otherwise, Explain:
applying the proceeds to the costs and then to the secured obligation, the proceeds did not pay the obligation in full full.
of Purchaser
3ranch Banking and Trust Company
Dat Item Disbursements
Proceeds of Sale
Court Costs (initial $75
final $500.00 total=$575.00) 575.00
Cost For Publication of
Notice Of Sale 889.54
Trustee's Commission 1,200.00
Sheriffs Service Fee 15.00
Service by Certified Mail
and Designated
Delivery Service 29.61
Documentary Stamps 256.00
Secured Obligation(s) 124,983.85
Payments To Persons
Entitled (Junior Liens, Etc.) 51.00
Receipts
(breakdown of payments:
recording fees of the
following: Substitution of
trustee ($17) trustee's deed
($20) notice of completed f/c
($14)-$51
110
TOTAL 128,000.00:
List Reason Paid To Clerk of Superior Court (G. S. 45-21.31(b))
I certify that the above is a true and complete account of my receipts and disbursements and that notices of
hearing, sale and resale were served upon all parties entitled to such notice by statute.
)ate Date of Report
'ignature Name of Mortgagee/Trustee, Attorney/Agent
Jeff D. Rogers, Substitute Trustee
Signature of Mortgagee/Trustee, Attorney/Agent
-q
AFFIDAVIT 6 - DIRECT INSTALLMENT AFFIDAVIT
VIRGINIA:
Branch Banking & Trust Co,
Plaintiff, )
V. )
Jeffrey Morgan
Defendant(s)
AFFIDAVIT
STATE OF VIRGINIA
CITY/COUNTY OF ROANOKE
I, Robin Crockett, being an individual over the age of 18 and competent to testify,
state and depose as follows:
1. That I am an employee of Branch Banking and Trust Company.
2. Branch Banking and Trust Company is agent for Branch Banking & Trust Co
for purposes of collecting this debt.
3. That the following facts are true:
a. that on or about December 7, 2006 Defendant(s) signed an
Installment Note bearing 6.97% interest
b. that on about April 7, 2008 , Defendant(s) defaulted on said Note;
C. that the balance due and owing under the Note is $ 98,917.37 as of
January 29, 2009 _ and
d. that under the terms of the Note, Defendant(s) is (are) liable for
attorney fees and court costs incurred by Plaintiff in any action to
collect the balance due under the Note;
4. That the debit herein described is now due and owing from Defendant(s) to
Plaintiff; and
5.. -X The defendant is not now on active military service as defined by the
Service Members Civil Relief Act.
OR
Based upon my review of the credit application, credit report, and/or
other demographical data, the defendant is, upon information and belief, in
the military service.
I DO SOLEMNLY SWEAR AND AFFIRM der penalties of p ury that the contents of the
forgery affidavit are true to the best of my kn wl dge, mf ti try ef.
Recovery Representative for
Branch Banking and Trust Company
State of Virginia; City of Roanoke
Subscribed and sworn to before me thi* 18 February 2009
My Commission Expires: 41 °?, a ? tO EXHIBIT
me-
.a?'?, A AWP
TA
VERIFICAT10ti
Teresa 519te Banking Officer
(ram) (We)
of Branch Banking & Trust Company, verify that the statements made in the aforegoing
document are true and correct. I understand thatfalse statements herein are made subject
to the penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities
Branch Banking & Trust Company
BY: I. -A, Q,
TITLE: Banking Officer
Date: 6/2/09
35403 19039925092901
Morgan
2/2'd 8STL 822 LU:01 :W08A S0:0T 6002-20-Nnf
?s1
FILE)-'Df:Fq
OF THE
2009 JU-1- 9 PM 12: 4 3
rry
vUVA A
478-50 Pp Ai 7Y
046,4 8807
14 a,iuo 4,so
Sheriffs Office of Cumberland County
R Thomas Kline s 01,P $I V-'VMb"rj nuwaiu L. JVIIVIFF
Sheriff Solicitor
IIIA
Jody S Smith
y
Ronny R Anderson 11 wi??
Chief Deputy OFFICE OF THE SHERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
06/12/2009 02:19 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 12,
2009 at 1419 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Jeffrey Morgan, by making known unto himself personally, defendant at 4516
Warrington Avenue, Suite D Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at
the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.44
SO ANSWERS,
June 15, 2009
2009-3802
Branch Banking & Trust
V
Jeffrey Morgan
WTHAS FF
? N
d
CL
?.O
C-
Cr' _ 71 C3
BRANCH BANKING & TRUST CO
SERVICING AGENT FOR BB&T
CREDIT SERVICES, INC.
Plaintiff
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY,
PENNSYLVANIA
NO. 2009-3802 CIVIL TERM
v
JEFFREY MORGAN
CIVIL ACTION - LAW
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned matter as discontinued without prejudice.
TO: Cumberland County
Prothonotary
Dated: June 23, 2009
Robert D. Kodak, Esquire Attorney for Plaintiff
Attorney I.D. No. 18041
RLED--i)FFICE
OF THE THONOTARY
2009 JUN 26 PM 2: 31
G 6a-L-r ,` %zL.i
PENN `l.VANA