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HomeMy WebLinkAbout05-1805 Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. (JS, /<60) /" Civil Term THOMAS C. CASE, vs. DONNA J. CASE, ACTION IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St, Carlisle, Pa. 17013 (717) 249-3166 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. t)f)-If Jb---- Civil Term THOMAS C. CASE, vs. DONNA 1. CASE, ACTION IN DIVORCE Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Thomas C. Case, a competent adult individual, who has resided at 918 Forest Court, Carlisle, Cumberland County, Pennsylvania, 17013, since 1994. 2. Defendant is Donna J. Case, a competent adult individual, who resides at 918 Forest Court, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September I, 1990 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties, 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. / ~ , 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Respectfully submitted, 0""1(0/01) dams, Esquire LD. o. 79465 64 outh Pitt Street arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF (') 0;; ~:,." ~\\\ ~ ~ ~('\~ - ~ )> ~ .t ~ - \,,~\ -\ -J - ~ () , 1.1\ <;::;> ~ ~ ~ -;:;..'1 \ 0" ~:.l, (n. -:: .'--< ~/\_. ~~~ ~~) 'pC -1." .-'- ~ <;f. .-\ :>:,"f"\ f~C;; [ ~,) \:( (:::?~(; .. ~ " ~~lf-~ ' -:;j-rt\ .;2, -'C" ,"?:. -'0 -;:r:. r;-? o -.0 THOMAS C. CASE, vs. DONNA 1. CASE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05 - 1805 Civil Term ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this April 18, 2005, I, Jane Adams, Esquire, hereby certify that on April 9, 2005 a certified true copy ofthe NOTICE TO DEFEND AND COMPLAINT IN DIVORCE were served, via certified mail, restricted delivery, return receipt requested, addressed to: Donna J. Case 918 Forest Court Carlisle, Pa. 17013 DEFENDANT . Complete Items 1, 2, end 3. Also complete item 4 if Restricted Delivery is desJred. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: -: '" . O. ISdelMlly~~_IlsIo'1? ff YES. "1<8 ~"f.r' ad<MIN bOio,~ ' c 9 \ \. \ 20ir i" " " J \ CJ Yes CJ No bOY)(}Cl ::r. C~e qJ S Fo~t Coort- G.tl'l~re, PA /7013 3. ,Selvlce l\'Pe. 111 CertifIed Moll CJ Raglsl8led [] lnsunld Mall [J ~-Mal1 [] ReIum ReceIpt for _Isa [] c.o.o. 2. Article Number (1hJmI'or1tom __ ~ PS Fonn 3811, February 2004 -- J._'-- _ 7003 3110 0004 5775 4511 ~ - FloooIpt 1"'Q5U Q2 M 1140 \'-" ,~.:;. ~~:' tf" -- ,"- /,0 CO ." o -:'n .--\ :r..-" n'1C ~r\,1 ;'?~!~, .~::J - -- .' ~Q ,<.. $.- ;,:' . ., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS C. CASE, vs. No. 05 - 1805 Civil Term DONNAJ. CASE, ACTION IN DIVORCE Defendant MARRIAGE SETTLEMENT AGREEMENT BETWEEN THOMAS C. CASE AND DONNA J. CASE THIS AGREEMENT, made this dl <cr- day of IJp f--e'{ ,2005, by and between, DONNA J. CASE, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", and THOMAS C. CASE, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 1,1990, in Cumberland County, Pennsylvania, and; WHEREAS, there were no children born of this marriage; WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter ofthis agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of Jane Adams, Esquire, as his attorney. Wife is Pro Se. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Wife has been advised of her right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Husband. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 5. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually remise; release, quit-claim and forever discharge the other and the estate of the other, of and from any and all rights; titles, and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in the decease spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any other country, or any rights which Wife may have or at any time hereafter have against the other for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs, expenses, or equitable distribution of marital property whether arising as a result of any marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS C. CASE, VS. No. 05 - 1805 Civil Term DONNA J. CASE, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT l. A complaint in divorce under section 3301(c) of the Divorce Code was filed on April 6, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service ofthe Complaint. 3, I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: () -; ,~<6 ~ 0 ~ ;!/~L Thomas C, Case, Plaintiff WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 6330Ho) AND 6330Hdl OF THE DIVORCE CODE I. I consent to entry of a final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. ~4904 relatin to worn falsi ion to authorities, Date: 0 7 - ';;;( go - 0 -S' 2- ';;i. q. ~ ~~, ~ ~\ CP %1, \ '<!Z ,; CfJ r:'t>~ .~~\ C<:," -0 "%0 '% ~ '0 t::? ':PC "" ~ :;:" ~ :;:" Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS C. CASE, vs. No. 05 - 1805 Civil Term DONNA 1. CASE, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT L A complaint in divorce under section 3301(c) of the Divorce Code was filed on April 6, 2005. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint, 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S, 4904, relating to unsworn falsification to authorities. ~a Donna J. Case, De~ Date: ?;(50~- WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 63301(0) AND 63301(d) OF THE DIVORCE CODE 1, I consent to entry of a fmal decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to sworn falsification to authorities, Date: 1 ( e(as- ~ Q. Q 'B- 1.~ ~., ~ f" v-~\ (;') ~f; ~ ~~~ f!}.::; ..." ~~ .-;\, ~ U ~ ," - "" ~ C-,> i"? -e: ~,<-~" .. ~ y'C> C - '?i v' , ,":'"i 1.,.,:'- - 6. WARRANTY OF DEBTS AND FUTURE OBLlGA nONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them, including those for necessities. 7. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s3501 et. seq. and taking into account the following considerations: the length of the marriage, the age, health, station, amount, and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the contribution of each party to the education, training, or increased earning power of the other party; the opportunity for each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value ofthe property set apart to each party; the standard ofIiving the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. As such, the parties acknowledge that Husband or Wife's obligation to make the payments defined in this agreement shall not be subject to termination, discharge, or discontinuance in bankruptcy or for any other reason or by any Court or tribunaL Should Husband or Wife pursue and action in bankruptcy and be successful in extinguishing his obligation to pay any debts for which he has assumed sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. At the time of the implementation of this alimony award, which may be made through the appropriate Domestic Relations of support office with the Court of Common Pleas of appropriate jurisdiction as Husband or Wife may select, such party shall then be responsible for any such debts extinguished through the other party's bankruptcy as described herein. 9. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. Specifically, the parties agree regarding the personal property as follows: Wife shall retain her silver dollars and her I carat diamond ring. Wife shall retain all contents and furniture in the marital home, as well as the yard and lawn equipment Husband shall retain all tools, clothes, and personal items. 10. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The 2002 Ford SUV shall be and remain the sole and exclusive property of Wife. (b) The 1997 Ford E250 shall be and remain the sole and exclusive property of Husband. (c) The Jeep shall be and remain the sole and exclusive property of Husband. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date ofthis Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 11. MARITAL HOME AND REAL ESTATE. HUSBAND and WIFE hold title as Tenants by the Entireties premises identified as 918 Forest Court, Carlisle, Pennsylvania, The parties agree as follows with respect to this property: (a) Wife shall retain all right, title, and interest in the property located at 918 Forest Court, Carlisle, Pennsylvania, 17013. She will retain all furniture in the home as well as all lawn equipment, appliances, and the contents of the garden shed. Husband shall retain and Wife will allow Husband to remove his tools, dump trailer, ladder, planks, construction tools, clothes, and personal belongings from the home. Upon signing this agreement, Husband shall deliver a Deed to Wife, conveying to Wife his right, title and interest in and to the marital residence. Wife shall pay all fees for preparing and filing this Deed with the Recorder of Deeds. Husband shall have the right to reside at the marital home until July I, 2005. Husband shall also have the right to enter the marital home to make repairs to the home as provided in this agreement. (b) As of the date of this agreement, and without regard to when bills for such items are incurred, received or due, Wife shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the marital residence located at 918 Forest Court, Carlisle, Pa. (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, mortgage payments, property taxes, or insurance or any expenses which are incurred in connection with such maintenance, costs, and expense. (c) Husband agrees to perform the following repairs on the marital home which are estimated to cost the the following amounts: Replacement of carpet in three rooms - $1300. Installation of central air conditioning - $5000, Installation of flooring in the hallway - $500. Installation of window sashes - $1000.00 Repair of Kitchen Floor - $1200. TOTAL - $9000.00 Husband estimates that the total cost incurred for the materials to make these improvements will total approximately $9,000.00. Wife shall pay for all materials involved in Repairing the Kitchen Floor. Husband shall not be required to pay more than $8,000.00 towards the materials used in these improvements. Husband will complete all repairs by September 30, 2005. If repairs are not completed, Husband shall pay Wife the difference between the amount estimated for each repair and the amount actually spent towards completing each repair. 12. REAL ESTATE. HUSBAND and WIFE hold title as Tenants by the Entireties premises identified as 21 Chestnut Street, Mount Holly Springs, Pennsylvania. The parties agree as follows with respect to this property: (a) As of the date of this agreement, Husband shall retain all right, title, and interest in the property located at 21 Chestnut Street, Mount Holly Springs, Pennsylvania. Husband shall retain the exclusive right to receive all rent from this property. He will retain all contents or equipment in the property which does not belong to the tenants. Upon signing this agreement, Wite shall deliver a Deed, conveying to Husband her right, title and interest in and to this property. Husband shall pay all fees for preparing and filing the Deed with the Recorder of Deeds. (b) As of the date of this agreement, and without regard to when bills for such items are incurred, received or due, Husband shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to the property at 21 Chestnut Street, Mount Holly Springs, Pennsylvania. (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, mortgage payments, property taxes, or insurance or any expenses which are incurred in connection with such maintenance, costs, and expense. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 14. ACCOUNTS. The parties currently have a Money Market Fund held in M&T Bank. The parties agree that they will equally divide all money currently held in this account. 15. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. All alimony to be paid under this agreement shall terminate upon the recipient's remarriage or cohabitation with a person of the opposite sex. 16. INCOME TAX RETURNS. Other than as provided in this agreement, Husband and wife represent to each other that to the best oftheir knowledge all federal, state, and local taxes required to paid with during the marriage and during the periods covered by such tax returns have been paid. Husband and Wife further represent that there are no tax deficiencies proposed or assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of limitations on the assessment or collection of any tax for such periods. If any deficiency in federal, state, or local income taxes is proposed, or any assessment of any such tax is made against the other party by reason of his or her having joined in the filing of joint federal, state or local income tax returns, Husband and Wife shall indemnifY and hold harmless the other against and from any and all tax, interest, penalty, or expense relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, and penalties or expenses shall be paid solely and entirely by the responsible party as determined to be attributable to that party on account of misrepresentation or failure to disclose relevant information of income on the aforesaid joint returns. Both Husband and Wife agree that they will be jointly responsible for any additional tax debt or shortages up to and including 2004; however, for 2005 taxes, Wife shall be responsible for only one-half of additional capital gain taxes associated with the sale of the College St. Carlisle property which the parties sold and Husband shall be responsible for his personal state, federal, and local income taxes. 17. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 18. MUTUAL COOPERA nON. Each party shall, at any time and from timc to time hereafter, take any and all stcps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 19. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 20. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 21. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 22. NO WAIVER OF DEF AUL T. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 23. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 24. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. 25. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making ofthis agreement, has carefully read each provision ofthis agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: Date: COMMONWEALTH OF PENNSYLVANIA ) Borough of COUNTY OF CUMBERLAND ):ss ) On this, the day of , 2005, before me, the undersigned officer, personally appeared THOMAS C. CASE known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: SEAL COMMONWEALTH OF PENNSYLVANIA ) Borough of ):ss COUNTY OF CUMBERLAND ) On this, the day of ,2005, before me, the undersigned officer, personally appeared DONNA J. CASE known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r Notary Public My commission expires: SEAL "', ("! p.- "' , -'n :.-::! ;.) r--; (..J\ :-....,~ .;( (Jl. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS C. CASE, vs. No. 05 - 1805 Civil Term DONNA J. CASE, ACTION IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY; Transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Served April 18, 2005, via certified mail, restricted delivery, return receipt requested. 3. Date of execution of the affidavit of consent required by 3301(c) ofthe Divorce Code: By Plaintiff; July 28, 2005. By Defendant: August 5, 2005. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: August 8, 2005. Date Plaintiffs Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: August 8, 2005. Date: 6/10 I O~ J e Adams, Esquire . No. 79465 64 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff 9- ~ --c \~-" OJ'..::: :th~;i,-> 'i/\> 1<;.(:) '?-~L) -y~ :2 ~ ~ <g. 1, 'P:. f:'~ c:;, -o'\:!:l~' '" -::Q ,.. C~( ~ o ~...;." ~ ~~ ~ (:5 <: ~ ';;L.. ;t;:" - + . +. + . + + + . +. Hi ... . . . . IN THE COURT OF COMMON PLEAS . . . OF CUMBERLAND COUNTY PENNA. STATE OF . . + . . Thomas C. Case, Plaintiff . . . . . . . VERSUS . . Donna J. Case, Defendant . . + . . . . . . . . . . + . + + + + . + + AND NOW, DECREED THAT + . + AND . . . No. 2005 - 1805 Civil Term No. DECREE IN DIVORCE ~'-'0....~1 ['If Thomas C. Case , 2...oo.S ~ IT IS ORDERED AND , PLAINTIFF, Donna J. Case , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . + . . . . . + . . . . The marriage settlement agreement which was executed April 21, 2005 and filed April 25, 2005, shall be incorporated and not merged into this Decree. . ~ i ~ , , , " : ,. ~ . . . . . . + . . . ./, _.".~ '.~"".."4.........a-;' "". ..; I~ ""-' ~":'1'" ........4lIo .._ . + . .. 0:0.0.:0.0:0.0.0.0: ~ ",,:t;;f :of. ;f.'t:'!';+''+'''' .. Hi . "'" :f.""''''''''' Of 'f.'+'ti'+' . + . :+: :of. 't: :of. + 'f' 'f! Of. ATTE PROTHONOTARY + + + + + + + . . . . . + . + . . . . . . . . . . . . . , . . , . , . , , . + . + + + . + + . . + . . . . . + + . . + . + . + + J. . . . + . + . . _ #P ~ ~ ~u'50-5e-S ""'Pi? fr ?~'" 4w -/'Il 507> ~ '-'# .' . - PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71 ~) ~1'i1- 7000 Sovereign Bank, S/BIM To First Federal Savings & Loan Association of Harrisburg Plaintiff Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY Vs. James C. Hoover Linda L. Hoover Defendant : No. 05-1804 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy ofthe foregoing Plaintiff s Motion for Additional Distribution of Sale Proceeds was sent via first class mail to the following parties on the date listed below: James C. Hoover Linda L. Hoover 329 15th Street New Cumberland, P A 17070 Office of the Sheriff Cumberland County Sheriffs Office One Courthouse Courthouse Carlisle, P A 17013 Attn: Jody - Real Estate First Nationwide Mortgage Corporation 400 Central Avenue Great Falls, MT 59401 Waypoint Bank and York Federal Savings and Loan 235 North 2nd Street P.O. Box 1711 Harrisburg, PA 17070 First National Mortgage Corp. P.O. Box 9481 Gaithersburg, MD 20898-9481 Belco Community Credit Union 403 North 2nd Stre,~t Harrisburg, PA 17108 Date: Septemher li200.s- Respectfully submitted, PHELAN HALL1NA SCHMIEG, LLP By: \fVr ~: . Bradfo ,Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71~) ~1'i1-7000 Sovereign Bank, S/BIM To First Federal Savings & Loan Association of Harrisburg Plaintiff Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY Vs. James C. Hoover Linda L. Hoover Defendant : No. 05-1804 PI.AINTIFF'S MOTION FOR AnmTIONAI, nISTRIRITTION OF SAI ,F. PROrFFnS 1. Plaintiff commenced the instant action by the filing of a Complaint in mortgage foreclosure on April 6, 2005. A true and correct copy of the complaint is attached hereto and marked as Exhibit "A". 2. Defendant failed to file an answer to the Complaint and a Default Judgment was entered on May 26,2005. A true and correct copy of the judgment is attached hereto and marked as Exhibit "B". 3. Plaintiff entered Judgment in the amount of $28,964.20 and submitted a Praecipe for Writ of Execution, thereby causing the mortgaged property to be listed for Sheriffs Sale on September 7, 2005. 4. The property was exposed to Sheriffs Sale on September 7, 2005 and purchased by a third party for the sum of $42,600.00. 5. Since the time of the filing of the Complaint and Judgment, Plaintiff has expended additional sums to pay real estate taxes and hazard insurance premiums and other costs collectable under the Note and Mortgage relative to the mortgaged property. A true and correct copy ofthe mortgage is attached hereto and marked as Exhibit "C", 6. Plaintiff is entitled to be paid these additional sums from distribution of the sale proceeds in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing the Sheriff of CUMBERLAND County to distribute the sum of $34,670.38 to the Plaintiff. Date: Septemher 17, 700~ SCHMIEG, LLP PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71 ~) ~1'i1- 7000 Sovereign Bank, S/BIM To First Federal Savings & Loan Association of Harrisburg Plaintiff Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY Vs. James C. Hoover Linda L. Hoover Defendant : No. 05-1804 MFMOR A NnITM OF 1 ,A WIN SITPPORT OF PI ,A INTIFF'S FXrFpTIONS TO mSTRIRITTION ANn MOTION FOR A nmTION AI, mSTRIRITTION OF SA1.F PROI~FFns 1. FArTIJA1. RArKGROITNn The instant action was commenced by the filing of a Complaint in mortgage foreclosure on April 6, 2005. By reason of Defendant's failure to answer the Complaint; Default Judgment was entered on May 26, 2005. Plaintiffs damages were assessed in the amount of $28,964.20 at the time of the entry of Judgment. Plaintiff also caused a Writ of Execution to be issued ,and listed the mortgaged property for Sheriffs Sale on September 7, 2005. The property was sold at the September 7, 2005 Sheriffs Sale to a third party for the sum of $42,600.00. Since the time of the filing of the Complaint and Judgment, Plaintiff has expended additional sums in order to pay real estate taxes, and hazard insurance premiums relative to the mortgage property, as well as other monies collectable under th,: Note and Mortgage. II. p1.AINTIFF IS FNTIT1.En TO AN ORnER nIRErTING THR SHFRIFF TO nISTR1RITTE AnnITIONAI, FIJNnS TO THE PI,AINTIF']<' The Pennsylvania Rules of Civil Procedure do not provide Plaintiff with any remedy whereby the Office of the Sheriff can be directed to issue additional distribution following the initial distribution of sale proceeds after the sale of real property. The Superior Court of Pennsylvania has held in the case of Fxtr"co Mortg"gf' V Willi"m<, 2002 Pa. Super. 246, 80S A.2d 543 (Pa. Super. 2(02), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of Default Judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Fxtr"co Mortg"ee v Willi"m<, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders. In addition this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction, rhev" 1 v rity of Phil"oelphi", 176 A, 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. (JlInnett v Tl:ou1, 112 A.2d, 333, 380 Pa. 504 (1955). As such, Plaintiff submits that this Court should exercise it equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. Wherefore, Plaintiff respectfully requests this Honorable Court enter an Order directing the Sheriff of CUMBERLAND County to distribute the amotmt of $34,670.38 in distribution of the amounts realized from the sale. Date: S<".ptemher 17, 700S EXHIBIT A PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG 601 PENN STREET READING, PA 19601 ATTORNEY FOR PLAINTWF Plaintiff COURT OF COMMON PLEAS CIVIL DfYISION TERM NO. CUMBERLAND COUNTY v. JAMES C. HOOVER LINDA L. HOOVER 329 15TII STREET NEW CUMBERLAND, P A 17070 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 107581 File #: 107581 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISE}) THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et se'l. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVlm THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is SOVEREIGN BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant{s) are: JAMES C. HOOVER LINDA L. HOOVER 329 15TII STREET NEW CUMBERLAND, P A 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/06/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is H:corded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1286, Page: 106. 4. The premises subject to said mortgage is described as attached. 5_ The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/28/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 107581 6. TIle following amounts are due on the mortgage: Principal Balance Interest I 1/28/2004 through 03/31/2005 (Per Diem $5.24) Attomey's Fees Cumulative Late Charges 10/06/1995 to 03/31/2005 Cost of Suit and Title Search Subtotal $23,895.77 330.12 1,250.00 2,660.59 $ 550.00 $ 28,686.48 Escrow Credit Defici t Subtotal 0.00 0.00 $ 0.00 TOTAL $ 28,686.48 7, The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a tlurd party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 28,686.48, together with interest from 03/31/2005 at the rate of $5.24 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALUNAN & SCHMIEG, LLP .. / A./ . ~~ r /~------ By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 107581 SCIIlUMJI.B "AIf 70-0102383 AU. DlA'l CUDDI I.02' 011 ftW:r OP UlIlD IlWAD 111' 'ImI -...JQH or MEW ""-M1D, ~ (W ---~ AND au.D Of' ~VMn# ... PU.n<."V"'-y ~ MID Dl'9a'TP- AS ~ ~JltQ m .A. SUJMrr or D.P. ~ (....2.) DA.DD l4Nft:K C, 19'74, TO wn: _lMCl AI A NDIT ... ~a __ 1_ or 15m Im.n lIAm POXlft aDIC; 170.8 ~ WBS'r 01" IBZ[)GiK SDJ:r.r; DDC8 ~DIG A1.llIII: 151'11 _~ IOO'ZII 62 ~. _ 50 _ ~, A ~ OJ' LOt' --':JO "'" 'IRIl _t>I>.ftZa ~l""" l'Ul1'I M J.O'lI, mIDICIl AU8; ~ Nm1IIKR 30 110IID 21 lP'r-D.D'1IZ ~ 1'5 FEE!! m A PODI'f' A ~1 'J'IIIPII:Z WOIl'III 52 HCi1IIa&8 u.sr 50 ~ 20 It. lIODlI!' A. CDID&Il; mIIICII _DOC ~ I.02' --. 31 "" lIA.lD _ _ 21 ~.. EAS'l' 1!)5 IZET !.'O 'f'IIE PO~ .AlfD PLACI: OF 1I&GIl!IND4G.. ".DOC A .~ or 1M _ 31 aocn... . KI\If or Blr.r.slDS M PI:'")~~:III ~ "....~.., ~ "'~1:1.8 Q2'1'I:CS m PLN!( Be) OK I. FAa: 75. _DIG 'fIlE a>>m PItOl'ZItft ~ '!O .DHES C. IIOOVER: AHD LD1DA. L. __. 8%1 un lIT DlIID _ 3OIIM' O. OIOOCO NlI> _ C. 0IC0ClD. IUS 1IDE ~ 01/02/1JrJ9 Dt DZZD BOOB. 2fhI PAGIl 39, IX mE OI'I'IQ OIl rSE DOORDD at' tJu:D8 01' ..........DT Jl.lo1n COOII'n, PEl4KSYLVM%A. ~ EDt 2'-23-0S41-1~3 PROPERTY BEING: 329 15TH STREET VERIFICATION CONSTANCE M eOCROFT hereby states that he/she is VICE PRESIDENT of SOVEREIGN BANK mortgage servicing agent for Plaintiff in this matter, that he/she is authOlized to take this VerificatioD, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hislher knowledge, infonnation and belief. The undersigned und.erstands that this statement is made subject to the penalties of 18 Pa, e.S. Sec. 4904 relating to unsworn falsification to authorities. c~ #C:::~' DATE: ~~ CONSTANCE M COCROFT VICE PRESIDENT EXIDBIT B / PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Atlorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK, S/BIM TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG 601 PENN STREET READING, PA 19601 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-1804 v. JAMES C. HOOVER LINDA L. HOOVER Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JAMES C. HOOVER and LINDA L. HOOVER, Defendant(s} for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 4/1/05 to 5/23/05 TOTAL $28,686.48 $277.72 $28,964.20 I hereby certifY that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. lfY~ JI ~~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY EXIDBITC ~qfJ\03- ( I MORTGAGE I THIS MORTGAGE is made this. ...6...... day of.. .Qctob.er.... 19 . .~?.. , between the Mortgagor, . ..-1<'JIJ1~.s. .C.. RQOY~t; . and .Linda. Lw. .Hooy.er. .It/.w. ............... ............. (herein "Borrower"), and the Mortgagee, .. ~~~~~ .f.~~~.~~~.~~XI~~~.. . . . ~~f? ~~.~~. ~~.~C?~.I~.~J~f:4. ~.F. !i.~~~I~.~~.~~. . . . . . . . . . _ . . . . . . . . . . . . . , a corporation organized and existing under the laws of . :r~,,:. ~?~?!l!l.e.~~~.h: .?~. J'.~~~~Y.lY~A~<~.... whose addre" is .. .234 N.SE(;ONOSTREET, HARR.ISBUR(;"I~A.I7101.. (herein "Lender"). WHEREAS. Borrower is indebted to lender in the principal sum of U.S. S . 'it 1 \ 000...00 . . . . . . , . . . . . . . . . . . . . . which indebtedness is evidenced by Borrower's notedaled .. October. 6,. .109.95 . . . . . and extensions.ad renewals thereof (herein "Note"), providing for monthly installments of princi~1 and interest. with the ba.laRei: of tbe indebtedness, ifnot sooner paid, due and payable on . . . . . . . .NQVlilllbec. .1.,. .2005. . . ; To SECURE to Lender tbe repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with the interest thetton, advanced in accordance herewith to protect the security of this Mortl!;;-age: and the perfonnance of the covenants and agt<<ments of Bonower herein contained. Borrower dQd hereby mortgage. grant and convey to Lender the following described property located in the COlmty of . . . ~,!~~~.r.l.~f!~ . . . . . . . . . . . . .............. .,SlateofPennsylvania: ALL THAT CERTAIN PARCEL OF GROUND SITUATED IN CUMBERLAND COUNTY, NEW CUMBERLAND BO&OUGH, AS MORE PARTICULARLY SET FORTH IN EXHIBIT "A"-ATTACHED HERETO. ROBERT 1'. ZltGLE!\ fiECORDER OF DEEDS I;UIoI6ERLMW COUNTY-FA '95 OCT 11 111'110 l!B which has Iheaddress of ........ ~~?.. .1.5.~~ . ~~~~~.t.'.... {Sltelttj Pennsylvania. . . . . . l1Q7.0. . . . . . . . . . . . . (herein "Propetty Address"); {Z~ Code) ToGETHER with all the improvements now or hereafter erected on the property, llnd aU easements, tights, appurtenances and rents, all of which shall be deemed to be and remain a part ofthe property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leaseho.ld) are he~ina.ftet referred to as the "Property." Bonower 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 etlcumbrances of record. New Cumberland 1""'1 BOO! 1286 fACE 1 Of; PENNSYLVANIA-sECOND MORTGAGE-1/80-fMM-'/FMlMC UMIFOftM lMSTftUMfNT Fntm 3839 (page 1 of4 pagesl UNIFORM COVENANTS. Borrower and lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shalt promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for TaIeS and wurance, Subject to applicable law or a "Hitten waiver by Lender, Borrower shaH 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 aHa in 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 a.ny. all. as reasonably estimated initially and tram 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 ex:tent 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 r,ents. Lender may not charge for so holdi.ng and applying the Funds. analyzing said account or verifying and compiHnt: 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 tho: Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount ofthe Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates oftaxes. assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes. assessments, insurance ptemiums and ground reots as they fall due, such excess shaU 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 lrohall pay to Lender any amount necessary to make up the deficiency in one or more pa.yments as Lender may require. Upon payment in full of aU 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 al;quired by Lender, Lender shaH apply, 1\0 latel" 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 rece\ved by lender under the Note and paragraphs I and 2 hereofshaU be applied by Lender first in payment of amounts payable to lender by Borrower under paragr,1.ph 2 hereof. then to interest payable on the Note. and then to the principal of the Note. 4. PrIor Mortgages and Deeds of Trust; Charges; Liens. Rorrower 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, in- cluding Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other charges. fines and impositions attributable to the Property which may altain a priority over this Mortgage, and leasehold payments or ground rents, if any. S. Hazard Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against los!> by fire, hazards included within the term "eneoded coverage", and such other hazards as Lendet may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurar.ce shall be chosp.n by Borrower subjeet to approval by Lender; provided. that such approva1 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 renewah 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 lass, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof ofloss if not made promptly by Borrower. If the Pro~rty is abandoned by Borrower. or if Borrower fails to respond to Lender within JO 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 Qr to the sums secured by thi.s Mortgage. 6. P..eservation and Maintenance of Property; Leaseholds; Condominiums; (I'lanned Unit Developments. Bor- rower shall keep the Property in good repair and shaH not commit waste or permit impairment or deterioration of the Property and shal' 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 dt:,,'elopment, 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 docum,~nts. 7. PTOlecUon of ~der'l SecUl'ity. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lende~'s interest in the Property, then Lender, at Lender's option, upon notke 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 ill 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 se~ured by this Mortgage. Unless Borrower and lender agree to other tenus 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 e~tries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therdor 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 ror conveya;~ce in lieu of condemnation, are hereby assigned and shall be paid to lender, subject to the terms of any mortgage, deed ortrust or other security agree. ment with a lien which has priority over this Mortgage. eou'Kj ::? 8(; PACE 107 form 3839 (pu!{~ 2 oj 4 pagel I 10. Borrower Not Relcued: i:'orbearance By Lender No~ a Waiver. Ertpusion of the time for payment or modification of amortization of l ,urns secured by this Mortgage granted by Ider to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the originai 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 arnortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower ;lnd Borrower's successors in interest. Any forbearance by lender in exercising any right or remedy herellnder, or otherwise afforded by applicable law, shall not be a waiver afar preclude the exercise of any such right or remedy. U. SUCCCSlltJf5 and Assigns Bound; loud ao.d ~veral Uabllity; Co-slgnen. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respectivl~ successors and assigns of Lender and Borrower, subject to the provisions ofparaguph 16 hereof. All covenants and agreements of Bort'()wer shalt 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, (bl is not pe~onany liable on tile Note or under this Mortgage, and (c) agrees that u~nder 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 BotTower's consent and without releasing tbat Borrow(t 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 gi'fen 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 certified 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 (bl any notice to Lender shall be given by certified 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 deem~ to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severabtuty. TIle 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 \imit 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 N'Jte 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. 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. IS. Rehabilitation Loan Agreem~nl. Borrower shall fulfill all of Borrower's obligations under any home rehabilita- tion. improvement, repair, or other loan agreement which Borrower entef"i i.nto wlth Lender. Lender, at Lender's option, may require Borrower to execute and deliver to lender, in a fonn 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. TraNfer of Ihe Properly or a Beneficialldlertsl in Borrower. If all or any part of the Property or any interest in it is sold or transfened (or if a beneficial interest in Borrower is sold or tnmsferred 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 optron 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 a';celeration. The notke shalt provi.de a period of not less than 30 days from the date the notke is delivered or mailed within which Borrower must pay all sums secured by this Mortgage_ rf Borrower fails to pay these sums prior to the expiration of this period, lender may in- voke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and lender further covenant and9:gree as follows: 11. Attde.n.tiaft; Remed.ics, Upon Bon-OWfl', bream of ady covenant or allreemenl of Borrower in Ihis Mortgage, Including Ihe covenants 10 pay when due a.y sums secured by this Morlgage, Lender prior 10 aCttkration shall give notice to Borrower as provided by applicable law specifying, among other Ihiags: (l) t.he breach; (l) the action required 10 cure such breach; (3) a date, not less Ihld 30 days rrom Ihe dale the nollcl:' is mailed to Borrower, by which such breach musl be curfll; and (4) Ihal raDure to cure such breach on or bdore the dale specified in Ihe notice may result in acceleration of Ihe sums secured by this Mortgage, foreclosure by judicial proCffding, and sale of Ihe Property. The not:ic~ shaD furth<< inform Borrower of Ihe righllo reinstate a(ler acceleration Ilnd Ihe righl 10 assert in Ihe foreclosure prot.eeding the nonexistence of a debult or any other defen~ of Bonower 10 ac(:elerallon and foreclosure. rr the breach is nol curfll on or hefore the date specified in Ihe nolice, Lender, al under's option, may declare aU of the sums SKured by Ibis Mortgage to he immedialely due and payab\e withoul further demand and may foreclose this Mortgage by judicial proceeding, undu shan be enllllfllto colleclin such proceeding all expenses of foreclosure, including, bul not limltcd 10, reasonllble aUorney,' fees, and costs of documentary evidence, absb'8cts ..ad tiUe rep,orts. 18. Bonower's Righi (0 Relnslaie, Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach. Borrower shall have the right to have any proceeding~. begun by Lender to enforce this Mort- gage 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 ;lny other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenSI~ incurred by lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing L~nder's remedies as provided in paragraph f7 hereof. including, but not limited to, reasonable attornc=ys' 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 Bor- rower, this Mortgage and the obligations secured hereby shall remain in full fmce and effect as if no acceleration had occurred. 19. Assilament or Rents; Appoinlment of Receiver; Lender in Pos~on. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall. prior to acceleration under paragraph t 7 hereof or abandonment of the Property, have the fight to collect and relain such rents as they become due and payable. Upon acceleration under paragraph I7 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 bonds and reasonable attorneys' fees. and then to the sums secured by this Mortgage. Lender BOOK 1286 r~c[ 108 Form 3839 (page J of 4 pagej) aDd the receiver shall be liable to account odly for thOiC rents &C1;uaHy received. 10. 1Weue. Upon payment of JlI sums secured by this Mortgage. Lender sh.l.ll discharge. thk Mortgag-e without charge to Borrower. Borrower shall pAy all costs o(recordation, if aDy. 11. latw.t Rate A.ft<< ,.....t. Borrower.grces that the interest rate payable after a judgment ls entered on the Note Or iD aD action of mortgage foreclosure shall be the rate st~od in the Note. REQUEST FOR NOTICE OF DEFAULr AND FORECLOSURE UNDER SuPERlOR- 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. a( Lender's address set forth on page one of this Mortgage. of any d It under the superior encumbrance and of any sale or other foreclosure action. N WITNESS WHEREOF. Borrower has executed this Mortgage. 1'1' ............~... ~1 ~~>'u".J )/(', a~~~' 'c: .H~~.:,(~~. j . ~~i:~~~ot,~'Hiw \-\<;>" 1 "y '/ C. ~I/ ./ "~c11~1 -\l<l"O~1 ~801fo..er ., President. . CoM;MOttWEALTKOF PENNSyL....A.NIA., .. . .Dauphin . County 5:.: On this, the. _........ nth.. . .dayof.. .Oc.tober.. . . . The. NQtary. Public. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '" . James. .C~ .Hoover. .and .Linda. L.. .Hoover... a/.w,... known to me (or satisfactorily proven) to be t~e~rson whose name. . . . . ~~~ . . instrument and acknowledged that. . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . herein contained. . . . . . .. ...,.... . 19. . 9 ~. . before me, the under:.igned officer, personally appeared . . . . . subscribed (0 the within c:xecuted the same for the purposes IN WITNESS WHEREOF, (hereuntoset my hand and officia\ seal. My Commission expires: - -'--, ~~~~/ TillecfOfflcer / '- ~JOrARll\l SfIJl WENDY L. THOMAN. 1~(![3f11 PuNic C;:n~f1 Hili, Cumbi~riJ.nu c'l!lhlt" _~~~:I.nrJ:I~;S(im b~ifes I.M; ;\, 1993 (Space Below ThiS Line Reserved Fat lender and Reco(der) bOuU?86 neE 109 form J83'J (pag~ 4of4p<JKn) SEP-14-85 THU B:23 CREDiT BUREAU OF HBG FAX NO. 1\12336\\6 P.07 ":',"."" r;7 . . ( ~/'rA.LI;)uc, lilY' LEGAL VI"SCRIPTlON OF 329 15lU STREET, NEW CUMBHLANV PA , . AI.I. 'THAT Ct~rAIN lot"o;. tra.t ., hnd Ol~Uih ~ the' Borough or ';ew Curnbe.hnd, County cf CumbBrland and Stet, Dr Fan"Bvlv~n11' Mdf. p.rtioUla~lv ba~oded fln~ described .. hU13Il.1' n'CD:I'~UnG' ta a UtVlY (II' D.P, Fh.rrttneparger ("9"2" d~hd March 4, 1S~7f1t tg wU: . . . . BtGtNNINO' at . point On Ihe Northern .Ide 0' 151h Stre.' ..Id ooln\ bolo; 870,8 rut ",eet ar e.~d9' Streo'; thence .xlondlog alOnll 1Stn St..,t aout~ U dog.... West 50 'aut to . CatMer Qr tat numbtt,30 on the 1.tslneftst mant1Qnmd plIo or lot" th8hCI 810ng lot numbSf 30 ~grth 28 dugtuea WI't 195 f1St to .'~Qlnt . ~~Jn'~f t~.nes N~rth 62 degrll! tBet 5~ rest to I ~Ql"t e Qornar; than:, .xt'ndln~ .\h.Qugh 101 n\l1l\b.. 31 on ..ld pun ..uth 2S d.gh.. te.t 19' ,.., ,. 'n" ~.ln' "I'd ph.e 0' BEGlNNINa. SUNil" pU'll or l.Qt number 31 SGcHan f Phh Qr Hllhld1t !!Ii recQrdtd in '~he Cumb.~l~n~ County RecQ:derte Office in Pl~n booR 1, Peg. 75. ~AVIHG tnar.on er9cted ~ two'story rreme dWQll1ng end dataohed tt~m' gerugB k.noW" 111011 32,9 1~~h S~raetl ' "~r '. . '.,\ \ .~~.. . :,.... ~ I "-,I"j ~r~::;. " C, ,;,"1 '. 'If I'" ." " BI"ING THE SAME PREMISES WHICH JOHN 0 OSGOOP ANV SUSAN C OSGOOV, HIS WIFE BY VEEP IN BOOK N i8, PAGE 39, VA TED JUNE 29, 19:19 AND RECORDEV JULV 2, 1979 . 1N THE OFFICE OF THE RECOROER OF VEEPS IN ANP FOR CUM8CRLANV COUNTY, GRANTEP ANP CONVEYEV UNTO JAMES C HOOVER ANP LiNPA L .HOOVER, HIS our::. :9 (! .J! ~.rt.' ':'" nf pennsylvania 1 ss .' . 01 Cumbe,lend j ~d\n\l of 0..... ' ,.,nw. offtce for thE' ltJ\oovo Ii:' , .... ,.dod ,n the d cou~ ...............'.;. .:~(ldtvJtumber'an !J) :'l,. ~\Ior'_P8\l6,. ;" .' II "i~.'Qfoffi.. ) 1~~.'c! ,"':1'~ myh8 J.lJ!-l-daY ;;- ...j,:".;:': ",'''''.PA\\1~~r--'''.';'". " .' ,.... ','1( j\l;;'<,f'~'i~ 7/ . """f#'''' c. !<:'J~:;~~):Y;~,. :,,',~',,' Booi\1?86 I~Ct 110 INOTEI ..Q.9J.9.!:!n...9".................................. 19....9..~. ...H~X.rJ~R9X.& J. ............ ...... Pennsylvan ia City .. ;J.?~.. ~.?t~..~. ~.~!:!:!= I.... !'!!:~. .~!-!!I!~.e.~.~~n.~.!., y. ~. .U.q!9...................................................................... .... Properly Address City Stale Zip Code L BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S, $.?},R.Q.Q,:.9.9....................................... (this amount will be called ''&rincipal''l. ~s interest, to the order of the Lender. The Lender is ..~~:.!'!;~.:>!.-~.~.~. .....~~l~~~~T!~.Qf..~...~~:.?,~.f:oI:......'?!\'!.~.'!~~.~P~~,Y.~.~!.!.Q.I..... I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder. " 2. INTEREST I will pay inttrest at a'yearly rate of ........./!....Q.Q.....%. Interest will be charged on that part of principal which has not been paid. Interest will be charged beginning on the date of this Note and continuing until the full amount of principal has been paid. 3. PAYMENTS I will pay principal and interest by making payments each month of U.S. $ ...lil.6...7.2.......................................... I will make my payments on the .L......... day of each month beginning on .........Ilt:c~mb.er.........., 19.9.5...... I will make these payments every month until I have paid all of the principal and interest and any other charges, described below, that I may owe under this Note. If. on ........ND.v.et:wb.e.r...l.,..2.Q05........." ...."..."....., I still owe amounts under this Note, I will pay all those amoubts. in full, on that date. I will make my monthly payments at ........".234..Hot:J;b..Secon.d...SJ;r.e.e.t~..h.a.l:l:isb.ul:g~..l'J...1J.l'O'l....... ...................................."................. or at a different place if required by the Note Holder. 4. BORROWER'S FAILURE TO PAY AS REQUIRED (AI Late Charge for Overdue Payments If the Note Holder has not received the full amount of any of my monthly payments by the end of ........15"............ calendar days after the date it is due. I will pay a late charge to the Note Holder. The amount of the charge will be .........10.....".."1. of my overdue payment. but bot less than U.S. $ ..2D...OO_...................................... and not more than U.S. S .........WA........"....................... I will pay this late charge only once on any late payment. (BI Default If I do not pay the full amount of each monthly payment by the date stated in Section 3 above. I will be in default. Even if, at a time when I am in default. the Note Holder does not require me to pay immediately in full as described below. the Note HolderwiII still have the right to do so if! am in default at a later time. (C) Notice From Nol<! Holder If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date the Note Holder may require me to pay immediately th.. full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at I,east 30 days after the date on which the notice is mailed tome or, ifit is not mailed. JOdays after the date on which it is delivered tome. (D) Payment of Nol<! Holder'. Casls and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back for its costs and expenses to the extent not prohibited by applicable law. Those expenses include. for example, reasonable attorneys' fees. 5. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under this Not,e, a Mortgage, dated ......................... ............QSJ.~~.~X...~,........., I 9....?.~..., protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Mortgage describes how and und"r what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE ( have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note H.,lder in a letter that I am doing so. A PENNSYLVANIA-SECOND MORTGAGE-1/80-FNMA/FHlMC UNIFORM INSTRUMENT Form 3939 prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." I may make a full prepayment or a partial prepayment without paying .ny penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Not,.. If I make a partial prepayment. there will be no delays in the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to those delays or changes. I may make a full prepayment at any tim". If I choose to make a partial prepayment, the Note Holder may require me to make the prepayment on the same day that one of my monthly payments is due. The Note Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. 7.80RROWER'SWAIVERS I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts due (known as "presentment"); (8) to give notice that amounts du. have not been paid (known as "notice of dishonor"); (e) to obtain an official c.rtification of nonpayment (known as a "protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to th. Note Holder if I fail to keep my promis.s under this Note, or who signs this Note to transfer it to someone else also waives these rights. These persons are known as "guarantors. sureties and endorsers. to 8. GIVING OF NOTICES Any notice that must be given to me under this Note will be given by de.livering it or by mailing it by certified mail addressed to me at the Property Address above. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by certified mail to the Note Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at a different address if I am given a notice oithat different address. 9. RESPONSIBILITY OF PERSONS UNDER TillS NOTE If 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. Any guarantor. surety, or ',ndorser of this Note (as described in Sec- tion 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. Any person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations_of a gnarantor. surety, or endorser of this Note (as described in Section 7 ab',ve) is also obligated to keep all of the .promisesmadeinthiSNote'#t "'-71. _.0_ / ~V.V e /YZJV!/~ 1a..... c:"'ii;;';;~~'" "jj~;;;':~~"""'''''''''''''''''''''''' o<4~.R.E,;:..:d..,....tl:,~:,,::'y':........ Linda L. Hoover, Y6Hower Borrower ISign Original Only} VF.RIF1rA TION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing Plaintiffs Exceptions to Distribution and Motion for Additional Distribution of Sale Proceeds are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification of authorities. Dated: S".ptemher 17, 700~ Michll!. g ..., 0 <= = -n s: c.n ." co en ~ men Pl mp! z"n -0 :-..-: -om c:? -"'i' _.,- , 0'> <") r-~_ :;tQ .- ;E;:,r, ...., --.r..;:U :x S--:;.c) 5; f-! 1,'.m <0, ~ :z 15 =< (....) v' '<