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HomeMy WebLinkAbout14-0037 Supreme Court of Pennsylvania Court'of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: CUMBERLAND County 37 The inforntation collected on this form is used solely for court administration purposes. This firm doer not supplement or replace the filing and service of pleadings or other papers cis required by law or rides of court. Commencement of Action: S E Complaint 0 Writ of Summons Petition E Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Members 1st Federal Credit Union Abdul G. Akhter Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes 0 No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? 0 Yes lD No A Name of Plaintiff /Appellant's Attorney: Christopher E. Rice, Esquire /Martson Law Offices 0 C.'heck here if you htrVe no .Mttorner (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 0 Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution © Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle Debt Collection: Other Board of Elections ® Nuisance ® Dept. of Transportation 0 Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) 0 Employment Dispute: ® Slander/Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: 0 Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute ® Non - Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: Q Medical 0 Other: Q Other Professional: Updated 1 /1/2011 Christopher E. Rice, Esquire 20h JAN _3 PH 1 : 59 Attorney I.D. No. 90916 Aaron S. Haynes, Esquires,; %JL�i s'` Attorney I.D. No. 307746 PENNSYLVANIA MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff CORNERSTONE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. lL f 3 c7 CIVIL TERM ABDUL G. AKHTER IN MORTGAGE FORECLOSURE Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. 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 REDUCE FEE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249 -3166 J 72 �� 600 V NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ( "THE ACTS ") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint is a Creditor to whom the debt is owed. The Creditor's law firm, Martson Deardorff Williams Otto Gilroy & Faller, is filing this Complaint on behalf of the Creditor. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the promissory note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s), within thirty (3 0) days after receipt of this notice, disputes, in writing, the validity of the debt or some portion thereof. 4. If the Debtor(s) notifies the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor(s) by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor(s) makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor(s) by the Creditor's law firm. 6. Written request should be addressed to: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 * THIS DOCUMENT MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FAFILES \Clients \13915 Cornerstone FCU\13915.8 Akhter \13915.8.Complaint.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff CORNERSTONE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. CIVIL TERM ABDUL G. AKHTER IN MORTGAGE FORECLOSURE Defendant COMPLAINT AND NOW, comes the Plaintiff, CORNERSTONE FEDERAL CREDIT UNION, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Complaint in Mortgage Foreclosure upon the following: 1. Plaintiff, Cornerstone Federal Credit Union ( "Plaintiff'), is a federally chartered credit union located at 5 East Gate Drive, Carlisle, Pennsylvania 17013. 2. Defendant, Abdul G. Akhter ( "Defendant "), is an adult individual with a last known address of 307 Kay Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant is the owner of the real property located at Lot 1A, Skyline Drive, Mechanicsburg, PA 17055 ("Real Property "), and more fully described in a certain deed recorded in the Recorder of Deeds Office of Cumberland County, Book 277, Page 3901, which is subject to the Mortgage described below. 4. On or about June 13, 2011, Defendant executed a Promissory Note (the "Note ") with Plaintiff in the amount of $109,600.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. As security for the performance of his obligations under the Note, Defendant, as Mortgagor, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the Real Property (the "Mortgage "). A true and correct copy of the Mortgage containing a complete legal description of the Real Property is attached hereto and incorporated as Exhibit "B." 6. The Mortgage has not been assigned. 7. Defendant is the owner of the Real Property, and Plaintiff knows of no other persons holding an ownership interest in the Real Property. 8. Plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 9. Plaintiff provided Defendant with notice of the period in which Defendant's default may be cured, but Defendant has failed to cure his default. 10. As authorized under the Mortgage, the loan obligation to Plaintiff from Defendant has been accelerated. 11. The total sum due and owing from Defendant under the Note, as of December 31, 2013, is itemized as follows: Principal: $ 101,362.82 Late Fees: $ 15.00 Interest as of October 3, 2013: $ 503.34 Court Costs and Fees (estimated): $500.00* Attorney Fees: $ 10,000.00 Total as of December 31, 2013: $ 112,381.16 Plus interest accruing at $17.35 per day from December 31, 2013, until paid in full. *To be determined by the Cumberland County Sheriff. 12. Plaintiff specifically reserves the right to increase the Court Costs and Fees, and Attorney Fees listed above should additional services be requested and /or costs /charges /fees be incurred as a result of the collection of the money owed and foreclosure of the Real Property. 13. Pursuant to the notice provision of Act 6, 41 P.S. § 403 (the "Notice "), Plaintiff sent notice of intention to foreclose mortgage and accelerate the loan balance dated November 25, 2013, to Defendant by certified mail, return receipt requested. WHEREFORE, Plaintiff demands judgment against Defendant under the Note in the amount of $112,381.16 plus interest from December 31, 2013, at the rate of $17.35 per day until the debt is paid in full. MARTSON LAW OFFICES By: ( 1,-2 Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013 -3093 (717) 243 -3341 Date: v 3 , 2014 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Cornerstone Federal Credit Union. Any information received will be used for that purpose. EXHIBIT "A" E CORNERSTONE 6–mu • mTI a.wreAt . rervnQ Iaa.nnArs NOME EQWTY SYSTEM Note and Disclosure Statemer NAME (Last - Irs {- Midyle Initial) AND ADDRESS (Street - City - State -Zip Code) DATE MEMBER NUMBER NOTE NUMBER J � r i2- / 02- 1 7090 CONTRACT NUMBER REFERENCE NUMBER MATURITY DATE �/i36 Ireement "you," "your," or "I " mean each person who signs this agreement. The credit union whose name appears above and anyone who takes th' Note by transfer. J to receive payments under this Note will be called the "Note Holder." The terms on the reverse side are part of this agreement. LEN DING tI IN DISCLO PEHCENTAOE RATE ` FINAIICE;CHA,R „G€ Amount Finantad Total of Payments Prepayment: It you pay off early you f your credit as a yearly The dollar amount the credit will The amount ei creatt provided to y9u The amount you win have paid when you not have to pay a penalty. cost you. or on 9 y�our behalf. �t have made all payments as schedule $ $ d. V la . o 116 Zr 6 Property Insurance: You may ON ST RATE AND PAYMENT SUMMARY Rate and MOnthl P property insurance from anyone y Y Y want that is acceptable to the crE Rate % union. If you get the insurance from .I + Interest Payment $ credit union you will pay es + Insurance (Escrow) $ $ ludes Private Mortgage Insurance Filing Fees A. Monthly Payment $ $ no guarantee that you will be able to refinance to lower your rate and payments, Itemization of the Amount Finance ton Payment (Check it applicable) Final Balloon Pa mentdue $ You havetherighttoreceiveatthisfil an Itemization of the Amount Finano :You are giving a security interest In your real estate. You are giving a inters [ In our shares and/or deposits In the you want an You do not w, Tlon; and the oods /proper ecuriry being purchased; Other Describe Itemization. an Itemizatior erg ": If your payment is more than 15 days late, you will be required to pay a late charge of $15.00 in addition to our regular payment rotation: Someone buying your mobile home cannot assume the remainder of the lean on the original terms. contract documents for any additional Information about nonpayment, default, and any required repayment in full before the scheduled date. of require t o c th is ag merely because you have received these disclosures or signed a loan application. _LMENT /APPLICATION AND SCHEDULE FOR VOLUNTARY PAYMENT PROTECTION CUNA Mutual Insurance Society • Madison. WI 53701 -0391 • Phone: 800/937.264 Ir "Your' means the member. into effect. nsurance is voluntary and not required in order to obtain this loan. You may 00 NOT SIGN THIS APPLICATION IF IT CONTAINS ANY BLANK SPACES. This at Fly insurer of your choice. You are applying to the Society for credit Insurance plicaUon is void and will not be used In a contest N all blank spaces have not bee loan. You agree to pay the premium charppas shown. The rate for this IXNer completed, It the member has not signed and dated the Application. and II D subject to change. You will be notified in arNance before a rate Increase Is put Application halt not bean witneaw. NOTE: The insurance you're applying for contains certain terms and eaoluslims; Re* to your conate for average details. XGY NUMBER RATE OF INTEREST USED ON THIS LOAF MEMBER'S GATE OF BIRTH JONT INUM n DATE OF BIRTH 1 AOUNT Of LOA! INSURED MAINLY INYMENTAENEFIT EFFECTIVE DATE OF CERTIFICATE ExRDAT1ON DATE OF CEmIFIFATE CO OL IRTIFICATE IN MONTHS SECONDARY KNEFICNNIF (N You d11*8 W lNnIA MN) 'UNDER CREDIT UK AND OISAON.RY THE MAXIMUM EUGl&UTY AGE FOR COVERAGE IS I WITHNOMANMRWETER WMCNAGE THE FOLLOWMB STATEMENTS IMDE BY YOU ARE REPRESEIrMTIONS AND ARE TRUE 10 THE BEST DF YOUR KNOWtEDOE AND BELIEF: IT LIFE INSURANCE CREDFr DISASIUTY INSURANCE EO COVERAGE SELECTED PuEAAwswfl 1AE YER No avplADEaEIECfEO Fleasusisc SINGLE CREDIT LIFE 5 a SINGLE CREDIT DISABILITY $ e JOINT CREDIT LIFE 5 e ARE YOU UNDER AGE 65 ? I p'R I SU�RAF�ME, 65' M tMUMM AO¢E On this dais, are yyOU preseally actively atwork and regularly performing ARE YOU UNDER AGE 65 y INSURANCE 65' If Na OM IL A dtFtleB of a gerbil occupy a minimum of 25 holes a week? MM OF LOAN SpIIIRABIE 00 MAAMUM AMOUNT OF LDAEI OWJRUIE I NONE Is 850.00 ( N you are totally disabled for more Nan 14 days, then the disability benefit will noF ER IaF9WMMNarNW MtAETttiAAieno DATE b hthe 15 d ayofdisebitny. l3 j( E OF JOINT INSURED (CO4DIMOWEn) DATE NGNAnIRE OF MBMBI fM M ANAw EAN M M law A•wM DATE ArNA N ADAM C.” Lb--" k al•bR —em te7RAGm—�— oATE6��i /�/ OWIII YL� —� �_ DWA //. MAL INSURANCE sessul 1991, 99, 9002.0A 10, AIL RIGHTS RESERWO PRODUCTION W Oun WRITTEN FERMISSNw ar GUM MUNAL INSURANCE SOCIETY IS FORBmDEN BY LAW. CONTINUED ON REVERSE SIDE AO 55 ( I CITY ATE ZIP CODE ( ATE / �J t R, ) P 1 TO PAY —In return for a loan that I have received r payme , I promise or program fees in you will eke m ments on the 1� day S. $ - (this amount will be called "principal "), plus interest, to the of each month beginning on . I will make these payments every the en c The Lender is Cornerstone Federal Credit Union. month unfit I have paid all of the p clpal and inters and an o r charges, described below, that I may owe under this Note. If, I I still owe amounts under this Note, I will pay all those amounts, in full, on that date. I will make my monthly land that the Lender may transfer this Note. The Lender or anyone who takes this payments at transfer and who Is entitled to receive payments under this Note will be called the P.O. Box 1181, 5 East Gate Drive, Carlisle, PA 17013 alder." :REST— I will pay interest at a yearty rate of %. Interest will be or at a different place it required by the Note Holder. on that part of principal which has not been paid, Interest will be charged beginning 4. BORROWER'S FAILURE TO PAY AS REQUIRED — (A) Late Charge for Overdue otA of thic NntP and nnntim,inn until thR LIII amn,,nt of nrindnal has hewn nAld Pavments: I ,r,..........a ., ..,.,,....., , o w,... r,.. ,,,,.. ,.au I,w ,,. "., :.e.E •„ .,,,, , EXHIBIT "B" . ; r PREPARED By: Nathan Davis QQQIVL WHEN RECORDED, MAILTO: CFCU PO Box 1181 Carlisle, PA 17013 UNIFORM PARCEL IDENTIFIER: 38 - 07- 0461 -054 PREMISES: Lot 1A Skyline Dr. Mechanicsburg, PA 17055 MORTGAGE J THIS MORTGAGE is made this _13th day of June 2011 , between the Mortgagor, Abdul G. Akhtler (herein "Borrower "), and the Mortgagee, Cornerstone Federal Credit Unio existing under the laws of The United States of America a corporation organized and whose address is PO Box 1181 5 Eastgate Dr. Carlisle, PA 17013 (herein "Lender "). ` WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 109, 600.00 which indebtedness is evidenced by Borrower's note dated June 13 2011 and extensions and renewals thereof (herein "Note "), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on June 13, 2026 r TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of Cumberland State of Pennsylvania: SEE ATTACHED LEGAL DESCRIPTION which has the address of Lot 1A Skyline Dr. —Me hani rshl,rg Istreet) Idly) Pennsylvania 17055 (herein "Property Address "); !Zip code) TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." PAGE 1 EPA21E i Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds ") equal to one - twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one - twelfth of yearly premium installments for hazard insurance, plus one - twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional Lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made, The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the rinci al of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage ", flood and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. PAGE 2 If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by -laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if and action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lenders option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co -signs this Mortgage, but does not execute the Note, (a) is co- signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by First class mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by First class mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, costs ", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. PAGE 3 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. 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 delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided by applicable law specifying, among other things: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, Including, but not limited to, reasonable attorneys' fees, and cost of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the commencement of bidding at a sheriff's sale or other sale pursuant to this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bond and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage. Borrower shall pay all costs of recordation, if any. Lender may charge Borrower a fee for releasing this Mortgage, if permitted by applicable law. 21. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. PAGE 4 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other f reclosure a tJon. IN WITNESS WHEREOF, Borrower has executed this Mortgage. (Seal) Abdul Akhter Borrower (Seal) — Borrower (Seal) — Borrower (Seal) — Borrower (Sign Original Only) I hereby certify that the precise address of the Lender (Mortgagee) is: PO Box 1181 5 Fastgate Dr- Carlisle, A 170 On behalf of the Lender. By: Nathan Davis Title: Finance Offirpr COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: On this, the 13th day of June , 201 1 before me, Tina M. Reever the undersigned officer, personally appeared Abdul Akhter known to me (or satisfactorily proven) to be the person(s) whose name i subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official se I. My Commission expires: Title fficer (Space Below This Line Reserved For Lender and Recorder) COiw P^;?E dM!EALTP 1 OF P ENNSYLVANIA Notarial Seal Tina M. Reever, Notary Public South Middleton Twp., Cumberland County Ply Cam mis;ion e( pires 2St 24, 2013 Member. s+emr Mrsnle Awociation of Notaries PAGE 5 ALL THAT CERTAIN tract of land, situate in the Township of Silver Spring, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described, as follows, to wit: BEGINNING at a concrete monument set on the northern line of Skyline Drive .(T -58 1), which said monument is in the division line between Lot No. 1 and lA on the hereinafter mentioned Plan of Lots; thence along the northern line of Skyline Drive (T -58 1), South sixty -eight (68) degrees seventeen (17) minutes fifty -seven (57) seconds West for a distance of two hundred eight and twenty -five hundredths (208.25) feet to a concrete monument; thence by an arc or curve to the right having a radius of ten (10) feet, a chord of fourteen and thirty hundredths (14.30) feet on a bearing of North sixty -six (66) degrees three (03) minutes forty -six (46) seconds West for an arch length of fifteen and ninety -three hundredths (15.93) feet to a concrete monument set on the eastern dedicated right -of -way tine of Rich Valley Road (L.R..21019); thence along the eastern dedicated right -of -way line of Rich Valley Road (ER. 21019) North twenty (20) degrees twenty -five (25) minutes thirty (30) seconds West for a distance of three hundred sixty -seven and seventy--nine hundredths (367.79) feet to a concrete monument; thence departing from said right -of -way line North sixty -eight (68) degrees fifteen (15) minutes zero (00) .seconds East for a distance of two hundred five and thirty -nine hundredths (205.39) feet to a pin set at the corner of Lot No. 1; thence along said Lot South twenty -two (22) degrees twenty -four (24) minutes thirty (30) seconds East for a distance of three hundred seventy -eight and thirteen hundredths (378.13) feet to a concrete monument on the northern right -of -way line of Skyline Drive (T581), said monument being the place of BEGINNING. BEING Lot No. 1A, on the a ri.nal suDaivlsJ_v<< Amsley, Sr. and Catherine B. Amsley dated November 3, 2000 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 23, at Page 97. UNDER AND SUBJECT, NEVERTHELESS, to all easements, encumbrances, and rights -of -way of prior record, and TOGETHER WITH all easements and rights -of -way that exist of record. BEING THE SAME PREMISES which Catherine B. Amsley, unmarried widow, by Deed dated August 5, 2004, and recorded in the Office of the recorder of Deeds of Cumberland County in Deed Book 264, at Page 3091, granted and conveyed unto Mohammed Choudry, Grantor herein. TOGETHER WITH all and singular the improvements, streets, ways, water, watercourses, rights, liberties, privileges, hereditaments, and appurtenances whatsoever thereunto belonging or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all of the estate, right, title, interest, property, claim, and demand whatsoever of said Grantors m law, equity, or otherwise howsoever, of, in, and to the same and every part thereof. ROBERT P. ZIEGLER RECORDER OF DEEDS ' CUMBERLAND COUNTY 1 COURTHOUSE SQUARE'__ r � CARLISLE, PA 17013 = �` 717 - 240 -6370 , Instrument Number - 201117047 Recorded On 6/16/2011 At 12:28:59 PM * Total Pages - 7 * Instrument Type - MORTGAGE Invoice Number - 88506 User ID - JM * Mortgagor - AKHTER, ABDUL G * Mortgagee - CORNERSTONE FEDERAL CREDIT UNION * Customer - CORNERSTONE FEDERAL CR UN * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE RECORDING FEES - $15.50 DO NOT DETACH RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $66.00 I Certify this to be recorded in Cumberland County PA ?�{ C CUM 0 RECORDER O /D7E S t�ao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0001VL III IIIIIIIIIIIIIIII IIIIII VERIFICATION I, Roxane L. Ka i n , as an employee of Cornerstone Federal Credit Union, acknowledge I have the authority to execute this Verification on behalf of Cornerstone Federal Credit Union and certify that the foregoing Complaint in Mortgage Foreclosure is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. CORNERSTONE FEDERAL CREDIT UNION e By: A 417 Roxane L. Kain, Director - Lending Svcs. FAFILES \C1ients \13915 Comerstone FUR13915.8 Akhter \13915.8.Comp1aint.wpd X ♦i,9 ' ' f1' (,� i , 1`l , rl;��'i,,:,; Christopher E. Rice, Esquire 201 JP4 —3 PH 1, C Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire L:lyl BLAND CGi. J`r Attorney I.D. No. 307424 PENNS YLVA 14 1 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff CORNERSTONE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. IV- 37CIVIL TERM ABDUL G. AKHTER IN MORTGAGE FORECLOSURE Defendant NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative, complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. t If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Services for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date: K�A 5 - , lL� Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013 -3093 (717) 243 -3341 Date: J,Q�t1 3 , 2014 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete-your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sate? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Exnenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food _ PrMortgage Utilities Car Pa ens Condo/Neigh. Fees Auto Insurance Med. not covere Auto fuel/re airs Other prop. payment Install. Loan Paymen t Cable TV Child Su ort/Alim. Spending Mone Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 i, Email: T Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes [] No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to tender and lender's counsel: Proof of income Y Past 2 bank statements Y Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation _ t (hardship letter) V Listing agreement (if property is currently on the market) 3 1 F.\FILES\Clients\13915 Cornerstone FCU\13915.8 Akhter\13915.8.pra.wpd € 6 Fi i 1. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CORNERSTONE FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff • v. : NO. 2014 - 37 CIVIL TERM • ABDUL G. AKHTER : IN MORTGAGE FORECLOSURE Defendant PRAECIPE To the Prothonotary: Please mark the above action discontinued without prejudice. MARTSON LAW OFFICES By: AS Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: ` / , 2014 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Cornerstone Federal Credit Union. Any information received will be used for that purpose. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER,hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Abdul G. Akhter 307 Kay Road Mechanicsburg, PA 17050. MARTSON LAW OFFICES B y //, r y , �� M. Price 10 Eas High Street Carlisle, PA 17013 Dated: ///4//7 This is a debt collecting firm attempting to collect a debt for Cornerstone Federal Credit Union. Any information obtained will be used for that purpose. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff � �� o � arracri "I Jody S Smith Chief Deputy JA;1 I 1 F i' 21 2 Richard W Stewart Solicitor ! t FNI ..L r, NI,=', Cornerstone Federal Credit Union vs. Case Number Abdul Akhter 2014-37 SHERIFF'S RETURN OF SERVICE 01/09/2014 04:13 PM - Deputy Jason Kinsler, 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: Abdul Akhter at 307 Kay Road, Hampden Township, Mechanicsburg, PA 17050. JASON IN'K SIeER, PUTY SHERIFF COST: $39.76 SO ANSWERS, January 10, 2014 RONNW R ANDERSON, SHERIFF