HomeMy WebLinkAbout13-4523 Supreme Coutf Hof -
Pennsylvania
��
Co U r .Corn mon- Pleas
f ^' . For Prothonotary Use Only:
CQYit "ta el' Su et
} ` * ' w Docket No:
CUMBERLAN(�
«z\ CoUnty
The information collected on this form is used solely for court administration purposes. This form doer not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
S Complaint 0 Writ of Summons El Transfer from Another Jurisdiction Petition
E � Declaration of Taking
C Lead Plaintiff's Name:
BANK OF AMERICA, N.A. read Defendant's Name:
T JONATHAN S. HAMILTON
I Are money damages requested? El Yes 0 No Dollar Amount Requested: Owithin arbitration limits
U (check one) Soutside arbitration limits
N Is this a Class Action Suit? z:
Yes 0 No Is this an MDJAppeal? El Yes [] No
A Name of Plaintiff/Appellant's Attorney:
0 Check here if you have no attorney (are a Self- Represented (Pro Sel Litigant)
Nature of the Case: Place an ' X ' to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
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Intentional
Buyer Plaintiff Administrative Agencies
0
Malicious Prosecution �] Debt Collection: Credit Card
Motor Vehicle Board of Assessment
Nuisance Debt Collection: Other Board of Elections
Breach of Contract (] Dept. of Transportation
S 0 Premises Liability
Product Liability (does not include 0 Statutory Appeal: Other
E mass for Employment Dispute:
0 Slander/Libel /Defamation Discrimination
C 0 Other: Employment Dispute: Other 0 Zoning Board
T 0 Other:
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O MASS TORT 0 Other:
0 Asbestos
N 0 Tobacco
0 Toxic Tort - DES
0 Toxic Tort - Implant
0 Toxic Waste REAL PROPERTY MISCELLANEOUS
B 0 Other: Ejectment 0 Common Law /Statutory Arbitration
0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute 0 Non - Domestic Relations
PROFESSIONAL LIABLITY Mortgage Foreclosure: Residential Restraining Order
0 Dental 0 Mortgage Foreclosure: Commercial 0 Quo Warranto
0 Legal 0 Partition
g r Quiet Title0 Replevin
0 Medical 0 Other: 0 Other:
0 Other Professional:
Updated 1/1/2011
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MATTLEMAN, WEINROTH & MILLER, P.C.
BY: Alison B. Weinroth, Esquire
Attorney I.D. No.: 84407
401 Route 70 East, Suite 100
Cherry Hill, New Jersey 08034
(856) 429 -5507
Attorneys for Plaintiff
Our File Number: 00 -13- 00199 -0 -0
Plaintiff •` COURT OF COMMON PLEAS
BANK OF AMERICA, N.A.. CUMBERLAND COUNTY
7360 S. Kyrene Road
Tempe, AZ 85283
......................................................... ............................................. ;...
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No.. 3 ..............
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vs. � «r L C= -
NONARBTIRATION
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Defendant 1
.._.._ ";
CIO r t
JONATHAN S HAMILTON
116 Sgrignoli Ln
ENOLA, Pennsylvania 17025
Y C1.)
CIVIL ACTION COMPLAINT
CIVIL ACTION: (1. CONTRACT)
1060 - Contracts for Goods, Enforcement of Accounts
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, by entering a written a .
writing with the court your defenses or objections to the claims set forth against you You are arced that if you fail to do so the in
case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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.
Le han demandado a usted en la corte. Si usted quiere defenders de estas demandas expuestas en las Paginas siguientes, usted
tiene veinte (2) dias de plazo al partlr de la fecha de la demanda y la not'ficacion. Hace fatta ansentar Una comparesencia escrita o '
en persona o con un abogado'y entragar a la Corte wn forma escrita sus defensas o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la Coret tomar' medidas u puede continuar is demanda en contra suya sim
previo aviso o notificacion. Ademas, la Corte puede decidir a favor del emandante y requiere que usted cumpla con todas las
provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importsntes Para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A
LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN
ABOGADO.
SI LISTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION
SOBRE AGENCIES QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO 0
GRATUITO.
CUMBERLAND COUNTY Bar Association, Lawyer Referral Service
32 S. Bedford Street
Carlisle, PA 17013
Phone: 717 - 249 -3166
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/03.7 pa�/4T:,y
MATTLEMAN, WEINROTH & MILLER, P.C.
BY: Alison B. Weinroth, Esquire
Attorney I.D. No.: 84407
401 Route 70 East, Suite 100
Cherry Hill, New Jersey 08034
(856) 429 -5507
Attorneys for Plaintiff
Our File Number: 00- 13- 00199 -0 -0
Plaintiff COURT OF COMMON PLEAS
BANK OF AMERICA, N.A. ° CUMBERLAND COUNTY
7360 S. Kyrene Road
Tempe, AZ 85283
...............................•--•--------•.................. ..............................;
vs.
No .
., ...................................................•--.. .._.._.........................
.............................................................. NON ARBTIRATION
......--- ........
Defendant
JONATHAN S HAMILTON CIVIL ACTION COMPLAINT
Jonathan S Hamilton
ENOLA, Pennsylvania 17025
Plaintiff, BANK OF AMERICA, N.A., with an office located at 7360 S. Kyrene Road, Tempe,
AZ 85283,by way of Complaint against the above named Defendant say:
1. Defendant, JONATHAN S HAMILTON, is an adult individual residing at 116
SGRIGNOLI LN, ENOLA, Pennsylvania 17025.
2. On or about 7/30107, Defendant executed and delivered to Plaintiff a Note (herein
"Note ") under account number xxxxx6888. The sum of $71,000.00 was financed
at the annual percentage rate of 9.790 %. See Note attached hereto as Exhibit "A ".
3. Under the terms of the Note, the Defendant was required to make prompt and
regular monthly payments. Payments in the amount of $634.70 were to begin on
September 3, 2007 and continue until all of the principal and interest and any other
charges were paid in full.
4. Bank of America, N.A. assigned its collection obligation of the Note to Gree Tree
Servicing LLC by granting a Limited Power of Attorney. (See Limited Power of
Attorney attached hereto as Exhibit "B ").
5 The Note is in default due to the failure of the Defendant to make monthly payments
as they became due and owing. Defendant's last payment was made on or about
March 18, 2011. (See Payment History attached hereto as Exhibit "C ".)
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The following amounts are due:
Principal and other charges + $68,324.02
Interest
+ L , L60.24
TOTAL $70,284.26
WHEREFORE, Plaintiff demands Judgment against the Defendant, JONATHAN S
HAMILTON, in the amount of $70,285.26 together with costs of suit..
MATTLEMAN, WEINROTH & MILLER; P.C.
Date.
Alison inroth, Esquire
Attorney fo Plaintiff
-3-
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
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1. This communication is from a debt collector.
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2. This is an attempt to collect a debt and any information obtained will be used for that
purpose.
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3. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after
receipt of this notice, the debt will be assumed to be valid by our offices.
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4. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt
or any portion thereof, is disputed, our offices will provide you with verification of the debt
or copy of the Judgment against you, and a copy of such verification or Judgment will be
mailed to you by our offices. i
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states that he /she is a representative for BANK OF
AMERI A, N.A., Plaintiff herein; that they are acquainted with the facts set forth in the foregoing
Complaint; that the same are true and correct to the best of his /her knowledge, information and
belief; and that this statement is made subject to the penalties of 18 Pa.C.A. section 4904 relating
to unsworn falsification to authorities.
Date: ,
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EXHIBIT "A"
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PROMISSORY NOTE
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Account Number:t�
bate_ JULY 30, 2007
Lender Name and Address: Bank of America, NA
100 North Tryon Street, Charlotte, North Carolina 28255
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Borrower's Name_ JONATHAN S HAMILTON
Property Serving as Security (the "Property "): 116 SGRIGNOLI LN, ENOLA, PENNSYLVANIA
17025
1. BORROWER'S PROMISE TO PAY
In return for a loan that ! ( "Borrower") have received, l promise to pay U.S. $ 71, 0 0 0.0 0
(this amount will be called "Principal "), plus interest. to the order of Bank of America, N. A. (the "Lender" or "you "). f
U more than one person signs this Note, each of us is fully and personally obligated to pay the full amount
owed and to keep all of the promises made in this Note. The term "Borrower," I, or me refers to each person who
1 signs this Note. Arry guarantor, surety, or endorser of this Note is also obligated to do these things. The Lender may
enforce its rights under this Note against each of us individually or against all of us together, This means that any
one of us may be required to pay all of the amounts owed under this Note.
2. INTEREST
! will pay iTcrest at a yearly rate of 9.7 9 0 ° /a Interest uill be charged on unpaid Principal until
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the full amount of ;Principal has been paid. I
3. PAYMENTS
I will pay Principal and interest by making payments each month of U.S. $ 6 3 4.7 0
I will make my payments on the 3rd day of each month beginning on
SEPTEMBER 3, 2007
I will make these payments every month until I have paid all of the Principal and interest and any other charges,
i described below, that I may (Ave under this Note. If, oa AUGUST 3, 2032 ,1 still owe amounts
under this Note. I will pay all those amounts, in foil, on that date.
Unless otherwise .agreed or required by applicable law, payments will be applied first, to all interest due and
owing on the date payment is credited, then to Principal, then to fees or other charges due under this Note, including
unpaid collection costs and late charges. Interest on this Note is computed on a 365/365, simple interest basis; that
is, by applying the ratio of the annual interest rate over the number of days in one year (or 365), multiplied by the
outstanding Principal balance, and multiplied by the actual number of days in the year that the Principal balance is
outstanding. I will pay the Lender at Lender's address shown above or at such other place as Lender may designate
in writing. i
4. PAYMENT INFORMATION
You may accept late payments, partial payments or payments marked "payment in full," "without recourse,"
or similar language or payments accompanied by a letter stating that your acceptance of the payment indicates your
agreement to the terms set forth in the letter without giving up, xyaiving or losing any of your rights under law or
under this Note.
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JONATHAN 5 HAL
MULTISTATE PROMISSORY NOTE M tvve 3 MUG-t3a
SECOND LIEN
USSEC BOA ON1105 Page 1 of www.d°cmagteeom
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If I make a payments) before or after the due date, the amount of my final payment may be higher or lower
than the original payment schedule. T'W 1ll'make all,payments in U.S. dollars, payable through a United
States
financial institution or the U.S. Post Office. You will credit payments to this Note on the business day received e
received before 2:00 P.M. at the location I '
y specify or at one or your banking centers is the state of the Len
you der's
address first described above. 0iherwise payments may not be credited to my loan for up to five (5) business days,
even if payment is received underyour arrangementnith an affiliated bank to accept payments from your customers
or at one of your ATMs. A business day is any day, Monday through Friday, that is not a lcp holiday. Uiiles
to the oldest paymr s
' otherwise required cm due. applicable law; to determinewhethera late charge is due, you will apply any payment received
I nt
5. PREPAYMENT
1 may make a fitll prepayment or a partial prepayment without paying any penalty. The Lender will apply all
prepayments to reduce the amount of Principal that I owe under this Note. This may result in my making fewer
payments. Early payment will relieve me of m y obligation I
and will be applied to the next due payment a pr t epaymnt is insufficient to n=t the en t e entire l
ement of
particular future installmem,then I shall be obligated to pay such portion of the installmentnot covered by the partial
prepayment My obligation to continue to make regular payments under the payment schedule Rill resume with the
nest payment coming due after all early payments have been applied.
6. LATE CHARGE
If a payment is 15 days or more late, I will be charged 4.00% of the unpaid portion of the regularly scheduled
payment. .
7_ DISHONORED ITEM FEE
with which I will 1 pay a fee to the Lender of $20.00 if I make a payment on my loan and the check or preauthorized charge
pay islater dishonored.
S. LOAN CHARGES {
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the ebarge to the permitted limit,
and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Lender may I
choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me.
If a refund reduces Principal, the reduction will be treated as a partial Prepayment.
9. RELEASE OF UEN
As permitted by applicable law, when I pay off my Note in full and request a satisfaction of mortgage, a full
i rcconvoyance, certificate of discharge or similar instrument dcnoLing that my loan has been paid in full, I will pay
the actual cost of recording a relcaselsatisfaction of the Security Instrument (as defined below) as required by the
recording office where the Security Instrument is located.
10. AUTOMATIC PAYMENT AND RESERVATION OF RIGHTS
If I choose to have payments from a designated account that I have arranged with Lender to do so, yvu will
automatically draft the payment. Drafts rill be made on the payment due date or immediately after the pa) meat due
date, if the payment'due date is on a Saturiiay, Sunday or a legal holiday. If my deposit account does not have
sufficient funds to make the payment due, I understand that it is my obligation to, without notice fro m you to make
the full payment. Even if I make a manual payment, an automatic payment will be drafted from my designated
account. unless I make such manual payment at least three (3) business days prior to the due date.
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JONAmlm s fw4rLTON/995071921445500
MULTISTATE PROFAISSORY NOTE
SECOND LIEN Doemapre Et7'r u m M"*Iur
LISSEC.BOA 09101+0 i Page 2 of 7 www•dawm9rccom
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Hon'ever, if I make less than the full manual
Payment at feast three (3) business days prior to the due date, only
the remainingamount currently due will be drafted. To stop an automatic draft, [ must co
shall apple: ntact you at least three (3)
I business days prior to the scheduled pavmertt draft elate. If I have authorized automatic payment, then the following
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I hereby authorize Lender to draft the described account for my loan payments, I agree to the Recurring !
Automatic Payment Authorization Terms and Conditions that will be enclosed with my Automatic Payment
confirmation notice, unless I otherwise notify the Lender. If I choose to establish automatic payment to draft my
designated Bank of America account, the auWotvation will remain in full force and effect until the bender has
f received written or verbal notification from me of its termination in such time and manner as to afford the Lender a
reasonable opportunity to ad on it. If, at anytime, I elect to terminatemy automatic payment, my Annual Percentage
Rate will increase by 1/4 of 1% (.25 %). i
11_ NOTE SECURED BY COLLATERAL
All amounts due under this Note, are secured by a mortgage, deed of trust or other security instrument
( "Security Instrument ") on the Property identified on the first page of this Note. The Security Instrument and this
Note are related agreements, and a default under either document will be treated as a default under both documents.
12. DUE ON SALE
In addition to the protections given to the Lcndcr under this Note, the Security Instrument, dated the same date
as this Note, protects the Lender from possible losses which might result if I do not kce the rom
to this Note. That Security Instrument describes how and under what conditions I ma be p LWS which I make
payment in full of all amounts I owe under this Note. Some of those conditions are described as o w : immediate
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If all or an �
y part of the Property or any Interest in the Property is sold or transferred for if
Borrower is not, a natural person and a beneficial interest in Borrower is sold or transferred) without
Lender's prior written consent, Lender may require immediate payment in !till of all sums secured by
this Security Instrument. However, this option shall not be exercised by Lender if such exercise is
prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance with
Section 14 within which Borrower must pay all sums secured by this Security Instrument. If Borrower !:
rails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted
by this Security Instrument without further notice or demand on Borrower.
! 13. PROPERTY REQUIREMENTS �.
I agree to do all things required in the Security Instrument to protect the p roperty. 1f you incur an expense
because do not fulfil] all obligations of this Note
becau , or if I or another party does not lfil[ the obligations under the
Security Instrument-1 will pay those expenses under this Note. h also agree to obtain and maintainproperty insurance
and flood insurance, if applicable, in an amount described in the Security Instrument. I will pay the premiums for
such insurance, which may be subject to the interest rate under this Note. 1
If you incur any expense to protect your interest in the Property, including paying for any premium on required
insurance that I did not obtain or maintain, I agree that you have the option to reschedule my payments for the
' remaining term of my loan under this Note (thus increasing the regularly scheduled payment to incorporate the amount
sum the insurance premium and/or other expenses that you incurred, plus tutance charges thereon), to require a Jump
sum payment at the maturity of this Note, or demand payment of the insurancepremium(s) and/or your other incurred
expenses to protect your interest in the Property. i
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JONATHAN n AAHIL'tON/995011921445500
—1. IATEPROMISSORYNOTE
ECOND LIE
DoeftgkvW x"ol3v '
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14. DEFAULT
I will be in default under this Note if any of the following happens;
1. I fail to make a payment when due under this Note.
2. 1 break any promise made to the Lender or fail to perform promptly at the tine and strictly in the manrt
wh witith the er
the Lender. in this Note or any agreement related to this Note or in any other agreement or loan I have made
3, Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property or any other
of my property in which Lender has a lien. This includes the takingof, garnishing of, or levying on my
accounts with the Lender.
4. This Note or any of the related documents cease to be in full force and effect (including failure of any
collateral document to create a valid and perfected security interest or lien) at any time for any reason.
5. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft,
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substantial damage or struction is not covered by insurance.
6. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation
Party, or any guarantor, endorser, surety, or accommodation party becomes incompetent or revokes or
disputes the validity Of, or liability under, any guaranty of the indebtedness evidenced by this Note.
If I am in default, the Lender may, among other things as set forth elsewhere in this Note, send me a written
I notice telling me that if I do not pay the overdue amount by a certain date, perform my obligatider the Note
' or otherwise correct my default, the Lender ma
has not been paid and all the intcrost that I owv on that amount That amusi be att least
30n ons un da s after the date on
which the notice is mailed to me or delivered by other means.
Even if, at a time when 1 am in default, the Lender does not require me to pay immedialely in full as described
above, the Lender will still have the right to do so if I am in default at a later time.
15. BORROWERS PROTECTION Tu PLAN '
Borrowers Protection Plan is a registered trademark of Bank of America Corporation). If you selected
Borrowers Protection Plan, each of the Borrowers covered by the Plan must sign the Optional Borrowers Protection
Plan Addendum, which is a part of and incorporated into this Note. Interest is not charged on the fees for the
Borrowers Protection Platt.
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16. COLLECTION COSTS i
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To the extern permitted by law, I will pay all of your reasonable collection costs, including court costs and
attorneys' fees, to enforce my obligations under this Note. You may hire or pay someone else to help collect this Note
if I do not pay. I agree to also pay all of your costs andexpenses incurred in pursuing your remedies and taking action
to protect your security interest in the Property, as mentioned and authorized in the Security IrLstrumenL
17. BORROWER'S WAIVERS
I waive my rights to require the Lender to do certain things. Those things are; (A) to demand payment of
amounts due (known as "presentment "); (B) to give notice that amounts due have not been paid (known as "notice
of dishonor "); and (C) to obtain an official ccrt cation of nonpayment (known as a "protest "). one else who '
agrees to keep the prbmiscs made in this Note, or who agrees to makc.paymcnts to the Lender if I fail to y
keep art
promises under this Note, or who signs this Note to transfer it to someone clse,•also waives tbesc rights. These
persons arc known as, "guarantors, sureties and endorsers."
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JONATHAN S MRILTON/995071921445500
MULTISTATE PROMISSORY NOTE
SECOND LIEN DoeMagia ecJgVAF oa
MW3s2
USSEC BOA 09101105 Page 4 of 1 � d oms9k cam
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18. INTEGRATION
This Note contains the entire agreement beriveen you and me (except for any terms contained in the federal
Truth in Lending Act disclosures and the Itemization of Amount Financed, or when the collateral is real estate and
a security interest is given by a separate document or documents) and supersedes any prior understanding or
correspondence. It may be changed only in writing signed by you and me.
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19. MISCELLANEOUS
If this Note represents a renewal, nu difrcation, extension, substitution or consolidation of an obligation owed
to you, then I. acknowledge andagree thatthere are no claims, setoffs, avoidances, counterclaims, or defenses or rights
to claim setoffs, avoidanees, counterclaims or defenses to payment or enforcement of the prior obligation. If thisNote
is a renewal of an existing obligation, then it is the intent of the parties that the Note evidencing the original obligation
not be extinguished by the renewal unless required by applicable state law. Our records shall be evidence that this
Note is a renewal.
I agree that if this Note is in default, including the failure to make a scheduled I will
accept calls regarding the calteetian of this Note at any residence or place of employment. the The calls cabe
automatically dialed and a recorded message may be played. I agree such calls will not be "unsolicited calls" for
purposes of any federal, state or local law. To improve customer service and security, calls with you may be
recorded. I agree that monitoring or recording may be done and that no additional notice to meor additional approval
from me is needed,. I authorize you, your parent company, Bank of America Corporation (or any successor company)
and Bank of America Corporation's affiliates and subsidiaries ('Affiliates') to: (a) obtain other information deemed
necessary concerning my credit experience and other information from credit reporting agencies, creditors, and any
department of motor vehicle or similar state agency, my employer (past, present and future) and other persons (and
all entities may release and/or verify such information to you at anytime without notification tome or without my i
consent), and (b) sl areinfornialion with your Affiliates, except to the extent that I have opted out of such sharing as
provided in your Privacy policy for consumers. I
20. GOVERNING LAW
In addition to applicable federal law, this Note will be governed by and interpreted in accordance with federal i
law and the law of the state of PENNSYLVANIA !
except for matters related to the exportation
of interest (as defined by federal law) which will be governed by and interpreted in accordance with the laws of the
State of North Carolina. Howcvcr, if there is a question about whether any provision of this Note is valid or
enforceable, the provision that is questioned will be governed by whichever stale or federal law would find the i
provision enforceable. The loan transaction which is evidenced by this Note and this Note have been approved, made
and funded, and ail'necessary loan documents have been accepted, by you in the state of North Carotins.
21. TAX CONSEQUENCES
I acknowledge that you (including your employees and representatives) have given me no assurances,
representations or warranties that the finance charges and other fees and charges paid on my loan are tax deductible.
You have advised me to consult my own tax advisor concerning the deductibility of the finance charges and other fees
and charges for the loan,
22. RIGHT OF SETOFF
To the extent allowed by applicable law, you have the right to setoff if f am in default under this Note. Having
I the right of setoff means that, you may, but do not have to, apply any balance I owe to you against any of my deposits .
and accounts or securities now or hereafter in your possession or in the possession of any Bank of America affiliate
or subsidiary.
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!!! a0'NATHAN s HAmrLT6N /o49071491A45500
MULTISTATE PROMISSORY NOTE
SECOND LIEN DoeAlay/c dawm eoaaas 3sz
USSEC.BOA OW110 Page S of T www.dacwaeacom
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23. GIVING OF NOTICES
Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified
j mail, addressed tome at the Property Address above. A notice will be delivered or mailed to meat a different address
i if 1 give the Lender a notice of my different address.
Any notice that must be given to the Lender under this Note will be given by mailing it by certified mail to the
Lender at the address stated at the top of the first page of this Note. A notice will be mailed to the Lender al a
different address if I am given notice of that different address.
24. DELAY IN ENFORCEME
You reserve the right to defer or delay the date certain changes are to occur without notice and without being
liable for such delay or deferment. A court decree for divorce or separation or no -court approved mutual agreement
does not affect eliminate or reduce any person's liability under the Note or the loan balance if you are not a party
to the decree or agreement.
j 25. SEVERABI
If any portion of this Note conflicts with, contradicts or otherwise controverts applicable federal, state, tribal,
or local law, then to the extent possible, such portion shall be construed as being consistent with such applicable law,
and further will be deemed changed to the extent necessary to accomplish this end. If any such conflicting or
contradicting portion of this Note cannot be so construed or changed, it will be deemed severed from this Note and
will not affect other provisions of this Note, which shall be given full effect without regard to the conflicting or
contradicting portions.
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26. TRANSFER AND ASSIGNMENT
You may transfer or assign this Note, the Security Instrument and any other loan document relating to the [on
evidenced by this Nate to any person or entity without notice to me. I may not transfer, assign or delegate my duties
under this Note. Subject to applicable law, this Note is binding on me, my successors, heirs and personal and legal
representatives.
27. ASSUMPTIQN
This Note is not assumable. This means that someone buying the Property may not take over this Note as
his/her own obligation on the terms of this Note or on any other terms.
28. CAPTION HEADINGS
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Caption headings are for convenience purposes only and are not to be used to interpret or define the provisions
of this Note. I
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JOHATHM 6 13MULTO11/995071921445500
SECOND
M U LTI STATE NOTE eoa•s*W
USSEC BOA O N Page 6 of T ww�v d*=&Vcccm
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PRIOR TO SIGNING THIS NOTE 1, AND EACH OF US, READ AND UNDERSTOOD ALL OF THE
PROVISIONS OF THIS NOTE. I, AND EACH OF US. AGREE TO THE TERMS OF THIS NOTE,
I ACKNOWLEDGE RECEIPT OF A COMPLETED AND EXECUTED COPY OF THIS PROMISSORY
NOTE.
Borrower has ececuted and acknowledges receipt of pages 1 through 7 of this Note.
Witaess the signaturc(s) and scal(s) of the undcrsigned.
JONATHAN S. HAMILTON -Bor(Seal) (Seal)
rower -Borrower
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(Seal)
(Seal)
"Bo - Borrower
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JONATHAN S HAIXLTONJ995071921445500
MULTISTATE PROMISSCRY NOTE
SECOND LIEN t ems arse
USSECBCA 0.40105 Page 7W www
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EXH.IBIT "B"
When Recorded Return To:
Green Tree Servicing LLC OFFICIAL RECORDS OF
Attn: Document Custody, T322 MARICOPA COUNTY RECORDER
7360 South KyreneRd HELEN PURCELL
Tempe, AZ 85283 2009- 0027242 01/13/09 01 :16 PM
5 OF 5
PALL"c
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LIMITED POWER OF ATTORNEY
TO: GREEN TREE SERVICING LLC
FROM: Bank of America, National Association
DATED: 11 /3/08
FOR: BOA 2nd Lien Mortgage Loan Transfer — Nov 2008
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POWER OF ATTORNEY
Bank of America, National Association (the " Owner ") hereby appoints Green Tree
Servicing LLC or any affiliate thereof that is servicing the Mortgage Loan (the " Servicer ") as its
true and lawful attorney -in -fact to act in the name, place and stead of the Owner for the purposes
set forth below. This Limited Power of Attorney is given pursuant to a certain Servicing
Agreement, by and between the Owner and Servicer, dated as of October 31, 2008 (the
" Agreement ') to which reference is made for the definition of all capitalized terms herein.
Now, therefore, the Owner does hereby constitute and appoint the Servicer the true and
lawful attorney -in -fact of the Owner in the Owner's name, place and stead with respect to each
Mortgage Loan serviced by the Servicer pursuant to the Agreement for the following, and only
the following, purposes:
a
1. To execute, acknowledge, seal and deliver deeds, deed - of trust/mortgage note
endorsements, assignments of deed of trust/mortgage and other recorded documents,
tax authority notifications and other instruments of sale, conveyance and transfer, full j
or partial releases, subordinations, appropriately completed, with all ordinary or
necessary endorsements, acknowledgments, affidavits, and supporting documents as
may be necessary and proper to effect the execution, delivery, conveyance or
recordation of filing of said documents.
2. To execute and deliver affidavits of debt, substitutions of trustee, substitutions of i
counsel, non - military affidavits, notices of rescission, foreclosure deeds, transfer tax
affidavits, affidavits of merit, verifications of complaint, notices to quit, bankruptcy
declarations for the purpose of filing motions to lift stays and other documents or
notice flings on behalf of the Owner in connection with foreclosure, bankruptcy and
eviction actions.
3. To endorse and/or assign any borrower or Mortgagor's check or negotiable i
instrument received by the Servicer as a payment under a Mortgage Loan.
The Owner intends that this Limited Power of Attorney be coupled with an interest and is
not revocable.
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The Owner further grants to its attorney -in -fact full authority to act in any manner is
reasonable, proper and necessary to exercise the foregoing powers, and ratifies every such act {
that Servicer may lawfully perform in exercising those powers by virtue hereof.
The Servicer shall indemnify, defend and hold harmless the Owner, its successors and
assigns, from and against any and all losses, costs, expenses (including, without limitation, actual
attorneys' fees), damages, liabilities, demand or claims of any kind whatsoever ( " Claims ")
arising out of, related to, or in connection with (i) any act taken by the Servicer pursuant to this
Limited Power of Attorney, which act results in a Claim solely by virtue of the unlawful use of
this Limited Power of Attorney (and not as a result of a Claim related to the underlying
instrument with respect to which this Limited Power of Attorney has been used), or (ii) any use
or misuse of this Limited Power of Attorney in any manner or by any person not expressly
authorized hereby.
IN WITNESS WHEREOF, the Owner has executed this Limited Power of Attorney this
day of November, 2008.
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BANK OF AMERICA, NATIONAL
ASSOCIATION
By:
Title:
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STATE OF FLORIDA )
COUNTY OF
On this day of November, 2008, before me appeared
ru!5 to me personally
known, who, being by me duly worn, did say that he/she resides at
?01 UP d t-&- [� that
he /she is the ��ry o r V [ e o- �-- of Bank of America, National
Association, a , A94,4tonc,,t � _ , the company described in and which executed the
foregoing instrument, and that he/she signed his /her name thereto by order of the Board of
Directors of such company.
[Stamp]
f1V�
Notary Public
NOTARY PUBLIC - OF LORIDA
Margaret nnelly
My Commission ExpireS"'z Couunissian DD 2 010
�17iT � � �.rAC• di V � � LOO
BONDED THRU AMMMC BONDM CO., INC.
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EXHIBIT "B"
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EXHIBIT " C "
f
O4/12/2013 UCSe Payment History Report ralatrpnsRips that Work
QUERE NANCY for HAMILTON JONATHAN S, HED Ac
ct1111111111111111111111111111lbr All Dates green tree
INFORMATION SECURITY CLASSIFICATION: INTERNAL USE ONLY. Customer requests must be sent through Code Request/Service Request.
Tran Date Tran Amt Code Due Date Total Prin Due Interest Insurance Escrow Late Chg Coll Back Date
10/25/11 70,284.26 191 -COF Charge -Off 70,284.26 68,324.02 1,960.24 0.00 0.00 0.00 07/03/11
04/30/11 274.80 081 -Waive Interest 274.80 - - _ -- 0..00 ___._274.80.___.____0.00 ----- - - - 0.00 0:00 -
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relationships that work
04112/2013 U CSe Pre -GTA Payment History Report
QUERE NANCY for HAMILTON JONATHAN S, HED AcclI11111111111111111111ftforAll Dates g reen. tree
INFORMATION SECURITY CLASSIFICATION: INTERNAL USE ONLY. Customer requests must be sent through Code Request/Service Request,
Tran Date Tran Amt Code Total Prin Due Interest Insurance Escrow Late Chg Coll Back Date
03/18/2011 91.16 100 Payment:Cash 1.
16
9 66.05
Y 25.11 0.00 100 0100
543.54 100 Payment:Cash 543.54 0.00 543.54 0.00 0.00 0.00
02/15/2011 91.16 100 Payment:Cash 91.16 91.16 0.00 0.00 0.00 0.00
543.54 100 Payment:Cash 543.54 193.56 349.98 0.00 0.00 0.00
01/27/2011 91.16 100 Payment:Cash 91.16 64.43 26.73 0.00 0.00 0.00 i
736.26 100 Payment:Cash 736.26 0.00 634.70 0.00 0.00 101.56
634.70 100 Payment:Cash 634.70 0.00 634.70 0.00 0.00 0.00
543.54 100 Payment:Cash 543.54 0.00 543.54 0.00 0.00 0100
11/03/2010 91.16 100 Payment:Cash 91.16 0.00 91.16 0.00 0.00 0.00
569.12 100 Payment:Cash 589.12 0. 589.12 0100 0.00 0.00 `
45.58 100 Payment:Cash 45.58 0.00 45.58 0.00 0.00 0.00 '
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634.70 100 Payment:Cash 634.70 0.00 634.70 0.00 0.00 0.00
10/05/2010 634.70 100 Payment:Cash 634.70 0.00 634.70 0.00 0.00 0.00
08/06/2010 - 634.70 500 Reversal:Pymt -Cash - 634.70 . -63.15 - 571.55 0.00 0.00 0.00
08/03/2010 634.70 100 Payment :Cash 634.70 63.15 571.55 0.00 0.00 0.00 ;.
07/06/2010 634.70 100 Payment:Cash 634.70 80.93 553.77 0.00 0.00 0.00
06/03/2010 25.39 160 Payment:Late Chrg Only -Cash 25.39 0.00 0.00. 0.00 0.00 25.39
634.70 100 Payment:Cash 634.70 61.96 572.74 0.00 0.00 0.00
25.39 QFW Acq Fee Waiver (W /Lates) 25.39 0.00 0.00 0.00 0.00 25.39
25.39 QFW Acq Fee Waiver (W /Lates) 25.39 0.00 0.00 0.00 0.00 25.39
r�
05/04/2010 634.70 100 Payment:Cash 634.70 311.71 322.99 0.00 0.00 0.00
05/03/2010 634.70 100 Payment:Cash 634.70 0.00 634.70 0.00 0.00 0.00
634.70 100 Payment:Cash 634.70 0.00 634.70 0.00 0.00 0.00
Page 1 of 2
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04/12/2013 UCSe Pre -GTA Payment History Report re1ationsnivs that work
QUERE NANCY for HAMILTON JONATHAN S, HED Acc� for All Dates green tree
INFORMATION SECURITY CLASSIFICATION: INTERNAL USE ONLY. Customer requests must be sent through Code Request/Service Request.
Tran Date Tran Amt Code Total Prin Due Interest Insurance Escrow Late Chg Coll Back Date
634.70 100 Payment:Cash 634.70 0.00 634.70 0.00 0100 0.00
- - - - - - -- . 02 / 08 / 2010 ------ 63.4.70 - -- 500- Reversal:Pymt- Cash---------------- - - - - -- 634.70--- - - - - -- 59:37 - - -- =575.33 - - 0.00 - - -- - - 0.00 - - - - -- - 0.00
02/03/2010 63430 100 Payment:Cash 634.70 59.37 575.33 0.00 0.00 0.00
01/04/2010 634.70 100 Payment :Cash .634.70 58.88 575.82 0.00 0.00 0.00
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12/03/2009 634.70 100 Payment:Cash 634.70 95.29 539.41 0.00 0.00 0.00
11/03/2009 634.70 100 Payment:Cash 634.70 57.61 577.09 0.00 0.00 0.00
10/05/2009 634.70 100 Payment:Cash 634.70 75.61 559.09 0.00 0.00 0.00
09/03/2009 634.70 100 Payment:Cash 634.70 56.51 578.19 0.00 0.00 0.00 `
08/03/2009 634.70 100 Payment:Cash 634.70 56.04 578.66 0.00 0.00 0.00
07/03/2009 634.70 100 Payment:Cash 634.70 74.11 560.59 0.00 0.00 0.00
06/03/2009 634.70 100 Payment:Cash 634.70 54.97 579.73 0.00 0.00 0.00
05/04/2009 634.70 100 Payment:Cash 634.70 73.08 561.62 0.00 0.00 0.00
04/03/2009 634.70 100 Payment:Cash 634.70 53.91 580.79 0.00 0.00 0.00
03/03/2009 634.70 100 Payment:Cash 634.70 109.30 525.40 0.00 0.00 0.00
02/03/2009 634.70 100 Payment:Cash 634.70 52.57 582.13 0.00 0100 0.00
Page 2 of 2
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c;
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ;�-
Sheriff r (31 —0'
t ararat
Jody S Smith r cn %p �Y,
Chief Deputy
�Q �=
Richard W Stewart
Solicitor 0MICE Or THE MR)rIP
Bank of America, N.A.
Case Number
vs.
Jonathan S. Hamilton 2013-4523
SHERIFF'S RETURN OF SERVICE
08/06/2013 08:33 PM - Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Jonathan S. Hamilton at 116 Sgrignoli Lane, East Pennsboro Township, Enola, PA 17025.
<I .
JE KQfODZI, DEPUTY
SHERIFF COST: $45.41 SO ANSWERS,
August 07, 2013 RON R ANDERSON, SHERIFF
(c)CountySuile Sheriff,Teleosoft,lnc.
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MATTLEMAN, WEINROTH &MILLER, P.C. v TOFU Tit
By: Alicia M. Sandoval, Esquire ���
Attorney I.D. No.041072011 p' j z`
401 Route 70 East, Suite 100
Cherry Hill, New Jersey 08034 P t RLANO COUP4TY
(856) 429-5507
Attorneys for Plaintiff
File Number: 13-00199-0
BANK OF AMERICA, N.A. COURT OF COMMON PLEAS
7360 S. Kyrene Road CUMBERLAND COUNTY
Tempe, AZ 85283
Plaintiff,
vs. Docket No.: 13-4523
JONATHAN S HAMILTON
116 Sgrignoli Lane
Enola, PA 17025
Defendant.
STIPULATION FOR PAYMENTS
WHEREAS, Plaintiff BANK OF AMERICA, N.A., instituted the present action against the
Defendant, JONATHAN S.HAMILTON and,for payment of monies due and owing under the terms of an
agreement;
WHEREAS, the parties have agreed to amicably settle the matter;
NOW, THEREFORE, intending to be legally bound, the parties hereby stipulate as follows:
1. The Defendant,JONATHAN S.HAMILTON and agree(s)to pay the Plaintiff in the amount
of$70,488.01, which represents the principal balance of$68,324.02 interest from of$1;960.24, court
costs of$203.75 and attorney fees of$6,832.40.
"This is an attempt to Collect a debt and any information obtained will be used for that purpose.
2. Payment of the aforementioned sum shall be as follows-
a. Beginning 9/11/2013, Defendant, JONATHAN S. HAMILTON and , shall pay the
sum of $5,000.00 and on 9/27/2013 another sum of $5,000.00. Thereafter, on
10/25/2013, the Defendant shall pay the sum $317-00 per month to the Plaintiff's
counsel and shall continue to make such payments on the of each month thereafter
until the entire balance has been paid in full. All monthly payments shall be due and
owing on or before the of each month.
b- The parties also acknowledge that no payments have been received by Plaintiff's
counsel since the matter was turned over by the plaintiff for action.
C. All payments shall be made payable to the Plaintiff, BANK OF AMERICA,N.A.,and
forwarded to Plaintiffs attomey at:
MATTLEMAN, WEINROTH & MILLER, P.C.
401 Route 70 East, Suite 100
Cherry Hill, New Jersey 08034
Attention: ALICIA M. SANDOVAL, ESQUIRE
File Number. 13-00199-0
d. If any one (1) payment is more than five (5) days late, Defendant(s) shall be in
default under the terms of this Agreement. In such case, Plaintiff shall move EX
PARTS for Default Judgment and Post Judgment remedies for the balance
remaining, plus all costs, attorneys fees and accrued Pre and Post Judgment
interest, having given credit for any payments made.
e. The acceptance by Plaintiff of any late payment(s) tendered by the Defendant(s),
JONATHAN S..HAMILTON and shall not act as a waiver of Plaintiffs right as
set forth hereunder.
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**This is an attempt to collect a debt and any information obtained will be used for that purpose.-
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3. The Agreement set forth herein is the entire Agreement by and between the parties.
Any modification of said Agreement must be made in writing and must be filed with the
Honorable Court.
MATTLEMAN, WEINROTH & MILLER, P.C.
than S. Hamilton, Defendant Alicia M. Sa oval Esquire
Attorney fo ntiff
Dated: ') /1 O l a o' ►3
Our File Number 13-04199-0
—This is an attempt to collect a debt and any information obtained will be used for that purpose.—