HomeMy WebLinkAbout02-2134IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
KENNETH H. RANDOLPH, JR.
VIVIAN L. RANDOLPH
UNITED STATES OF AMERICA
Defendants
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION--MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS.
No.
KENNETH H. RANDOLPH,JR.
VIVIAN L. RANDOLPH
UNITED STATES OF AMERICA
De~ndants
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de
las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte
(20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe
presentar comparecencia escrita en persona o por abogado y presentar en la Corte por
escrito sus defensas o sus objeciones a las demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte
puede decidir en su contra sin mas aviso o notificacion por cualquier dinem reclamado
en la demanda o por cualquier otra queja o compensacion reclamados por el
Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA
OFIClNA EN LA DIRECClON ESCRITA ABAJO PARA AVERIGUAR DONDE
PUEDE OBTENER ASlSTENClA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
HARRIS SAVINGS BANK
Plaintiff
VS,
KENNETH H. RANDOLPH, JR.
VIVIAN L. RANDOLPH
UNITED STATES OF AMERICA
Defendants
COMPLAINT
AND NOW, comes Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan
Association and Harris Savings Bank, by and through its attorney, Benjamin F. Riggs,
Jr., and complains of Defendants Kenneth H. Randolph, Jr. and Vivian L. Randolph, as
follows:
Parties
1. The Plaintiff is Waypoint Bank, a corporation organized and existing under
the laws of the United States of America, and it is registered to do business in
Pennsylvania, with offices for the purpose of doing business at 449 Eisenhower
Boulevard, Harrisburg, Pennsylvania 17111.
2. The Defendants are Kenneth H. Randolph, Jr. and Vivian L. Randolph
who are husband and wife and are adult individuals residing in the Mortgaged Premises
at R.D. #4, Box 328-C, Carlisle, Cumberland County, Pennsylvania 17013, a/k/a 2735
Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013-9428 and they are
the mortgagors and real owners of the Mortgaged Premises, having acquired title by
Deed dated March 23, 1988, and recorded on March 23, 1988, in the Cumberland
County, Pennsylvania, Recorder's Office in Record Book F-33, Page 1130.
3. The UNITED STATES OF AMERICA is named as a Defendant in this
action by reason of privilege granted in an Act of Congress of the United States of
America, pursuant to the provisions of 28 U.S.C. § 2410 and 26 U.S.C. § 7425, as
amened.
Federal Tax Liens
4. The name and address of the taxpayer whose liability created federal tax
liens on said Mortgaged Premises is as follows: Kenneth H. Randolph, Jr. at 22735
Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17014.
5. The nature of any interest and tax liens of the United States of America is
based on the Notices of Liens duly filed by Defendant United States of America through
the District Director of Internal Revenue in (CITY AND STATE), as follows:
(a)
Lien Notice No. 239511568 dated August 14, 1995 and filed in the
Cumberland County, Pennsylvania, Prothonotary's Office, Cumberland
County Courthouse, Carlisle, Pennsylvania, on August 31, 1995, to Docket
Number 95-4679-FTL, in the amount of $17,594.66, together with interest
to date, which lien is filed against taxpayer Kennethy H. Randolph, Jr.
a/k/a Kenny Randolph and Randolph Seal Coating.
A true and correct copy of the said Federal Tax Lien Notice is attached hereto,
made a part hereof, incorporated herein by reference, and marked "EXHIBIT A".
6. The lien of Defendant United States of America referred to in paragraph
5(a) above, having been filed on August 31, 1995, is subordinate in priority to the lien of
the herein described Mortgage, which Mortgage was recorded in the Cumberland
County, Pennsylvania, Recorder's Office on March 23, 1988, as more fully hereinafter
described; and by filing this Action, Plaintiff Waypoint Bank, f/k/a York Federal Savings
and Loan Association and Harris Savings Bank seeks a judicial sale of said Mortgage
Premises herein described.
Mortgage
7. On or about March 23, 1988, Defendants made, executed, and delivered
to Plaintiff a mortgage upon premises therein described, which Mortgage contains a
description of the premises subject to said Mortgage and was recorded on March 23,
1988 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book
897, Page 1003. A true and correct copy of said Mortgage is attached hereto, made a
part hereof, incorporated herein by reference, and marked "EXHIBIT A".
Assignments
8. There have been no assignments of said Mortgage.
Default
9. Said Mortgage is in default because Defendants have failed to make the
monthly payments of principal and interest due and owing on their loan from January 1,
2002 through the date of filing this Complaint as required by the terms of the Mortgage.
Any payments that may have been made during this period were applied to the
delinquency balance due and owing prior to January 1, 2002.
10. Plaintiff hereby exercises its option to declare the entire amount owing
upon said Mortgage immediately due and payable in accordance with its terms and
provisions.
11. By reason of the default, the following amounts are due in accordance
with the terms of said Mortgage:
Unpaid Principal Balance ................
Interest from 1/1/02 to 4/5/02
(inclusive) at $20.0664 per diem ..........
Late Charges from 1/1/02 to 4/5/02
(inclusive) at $44.29 per month ........... $ 132.87
Escrow Surplus ........................ [$ 12.85]
Homeowner's Insurance (due 5/14/03) ...... $ 1,048.00
Taxes (due 4/1/03) ..................... $ 510.51
Taxes (due 8/1/02) ..................... $ 2,204.88
Attorney's Commission 5% ............. $ 4,905.73.
$98,114.70
$ 2,508.30
TOTAL AMOUNT DUE $109,412.14.
Compliance with Homeowners' Emergency Assistance Act
12. The Temporary Stay as provided by the Homeowner's Emergency
Mortgage Assistance Program, Act 91 of 1983, has terminated because either:
(i) Defendants have failed to meet with the Plainitff or an authorized Credit
Counseling Agency in accordance with Plaintiff's written Notice to Defendant, a true and
correct copy of which is attached hereto as Exhibit B; or
(ii) Defendant's application for assistance has been rejected by the
Pennsylvania Housing Finance Agency.
Inapplicability of Loan Interest and Protection Law
13. This Action is not subject to the provisions of Pennsylvania's Loan Interest
and Protection Law, Act of January 30, 1974, P.L. 13, No. 6 (41 P.S. § 101 et seq.), as
amended, nor are notices required to be sent to Defendants pursuant to said Act,
because said Mortgage is not a "residential mortgage" within the meaning of said Act.
WHEREFORE, Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan
Association and Harris Savings Bank prays for judgment in its favor and against
Defendants Kenneth H. Randolph, Jr. and vivian L. Randolph in the amount of One
Hundred Nine Thousand Four Hundred Twelve and 14/100 Dollars ($109,412.14), with
interest thereon until paid at such rate or rates as established by Plaintiff pursuant to
the terms of the Adjustable Rate Note, currently $20.0664 per diem, from 4/6/02, late
charges at 5% of the monthly payment amount, currently $44.29 per month from 4/6/02,
escrow charges, currently $310.71 per month from 4/6/02, attorney's fees, costs of suit,
and other charges collectible under the Mortgage; for the foreclosure and sale of the
mortgaged premises; and for any and all other relief as the Court deems appropriate.
By
Benjamin Riggs,
Attorney for Plaintiff
P.O. Box 1711
York, PA 17105-1711
Phone: (717) 815-4518
I.D. No. 72030
Z~-Apr-2002 lO:11ma Fro~-
T-17Z
'. Notice of Federal TaX Lien..
Serial Number
P.OOZ/OOZ F-395
-FIEI.EAgE INI,:,O~ON: For each anesament li~cJ beiow,.
,the da~ givin in column (~}, this r~ ~hall,
~ ~,. cq:iera~ as a ceflffJcato of re]e.a~e'as defined
Last Day ~or. Unpaid
R.flllng of
re) ' " · f~ '.,
~/ot/~' · ~', ~'~',
;.' '~,,
. ~: ,*,
.-
; 'on tills,'
This is an adjustable rate mortgage allowing for changes in the interest rate and
therefore in the monthly payment. A_________-
MUK'A'(JAC. JE
THISMORTGAG£ ('Securitylnstrumant")is~ivenon ................ ~ 23
............................................................................. ("Borrower"). This Security Instrument is given to...~. ~...-~.......~...~...
~.~ ..(~. · .'.=~. ~.:~. D. ..................................................................................................................... which is organized and existing
.~ t, he. laws of'.._,._.,.R.171~01,l,.v24_..n_.ii~. ............................................ and whose address is
;~'t;t~7'-q'~ · "l~'b' · '4'-' 't'U"'t'- ............................................................................................................ 0'Lander"3
Borrower ow~ Le.d~the p~.~pal sum of .....~..~..~.n...~.:~.~..~..~iii~.b.'Z.i.'.b.'.b.'i~.~=..-:..:.-.~
r..-.r.r..~ .r...-=..-. r..~r..rr...~ ............................... Dollars (U.S. $...-~.~. ,.QQ.0.^ Q.Q. ........). This debt is evidenced by Borrower's note
~,~ ~e,,me d.te en mi, S~u~ty X=tr~TffdC"~,oti'~:~l~bich provid, for monthl~ pxyments, with the full debt, irnot
prod ~rlier, due and payable on .............. ~ ......... .,. ......... ,9 ......................................................... This Security Instrument
secures to Lender: (a) the repayment of the debt evidenced by the Note, .with interest, and all renewals, extensions and
modi~cafions; (b) the Imyment of all other sums, with interest, advanced under paragraph 7 to protect the security of this
Security Instrument; and (¢) the performance of Borrower's covenants and agreements under this Security Instrument and
the Not.e. For this. purpcee, Borrowe%~n~e~l~mortgng~, grant and convey to Lender the follow ng described property
located In ....................................................... ~ ...................... · .................................................. County, Pennsylvania:
SEE EXHIBIT A ATTACHED
whichhnsth~,elvl~.-r R.D.# 4, Box 328-C Carlisle
[stru~tl [c~w]
Pennsylvania ................... ~.7.~.3. ........................ ("Property Address"); ~
[zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances, rents, royalties, mineral, oil and gu rights and profits, water rights and stock and all fixtures now or
hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. Ail of the
foregoing is referred to in this Security Instrument as the "Property."
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 warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
PENNSYLVANIA--single Fsmily---FNMA/FNLMC UNIFORM INSTRUMENT
F~m 3039 12/83
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Chargas. Borrower shall promptly pay when due
the principal of and interest on the debt evidenced by thc Note end any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay
to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to
one-twelfth of: (a) yearly taxer and assessments which may attain priority over this Security Instrument; (b) yearly
leasehold payments or ground rents on the Property, if ~ny; (c) yearly hazard insurance premiums; and (d) yearly
mortgage insurance premiums, if any. These items are call.ed '?scrow items." Lender may estimate the Funds due on the
basis of current data and reasonable estimates of future escrow ~tems.
The Ftmds shall be held in en 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 shah apply the Funds to pay the escrow items.
Lender may not charge for holding end applying the Funds, analyzing the account or verifying the escrow items, uniers
Lender pays Borrower interest on the Fonds and applicable law permits Lender {o make such a charge. Borrower and
Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law
requires 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 secut~i by
this Security Instrument.
If the amount of the Funds heed by Lender, together with the future monthly payments of Funds payable prior to
the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the ex,ss shah be,
at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the
amount of the Funds heed by Lender is not sufficient to pay the escrow items when du~, Borrower shall pay to Lender any
amount necessary to make up the deficiency in one or more payments as required by Lender.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender. If under paragraph 19 the Property is sold or 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 Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the
Note; third, to amounts payable under paragraph 2; fourth, to interest due; and isst, to principal due.
4. C~es; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold payments or ground rants, if any.
Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall
pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounl$
to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender
receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;, (b) contests in good
faith the lien by, or defends a~alnst enforoernant of the lien in, legal proceedings which in the Lender's opinion operate to
prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an
. agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of
the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien. Borrower shall satisfy the He, or cake one or more of the actions set forth above within 10 days
of the giving of notice,
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against Ices by fire, hazards included within the term "extended coverage" and any other hazards for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The
insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be
unreasonably withheld.
All insurance policies and renewals shall be -_cceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lencier
all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance
carnet and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shah he applied to restoration or rebait
of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If
Borrower abandons the Property, or d~s not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore
the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin
when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs I end 2 or change the amount of the payments. If
under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting
from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument immediately prior to the acquisition.
6. Preservation and Ivisintemmns of Property; Lcesehohis. Borrower shall not destroy, damage or substantially
change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a iexsehoid,
Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and
fen title shall not merge unless Lender agrees to the merger in writing.
?. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect
Lender's rights in the Property (such as a proceeding in badiomptoy, probate, for condemnation or to enforce laws or
reguintinns), then Lender may do end pay for whatever is necessary to protect the value of the Property and Lender's rights
in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security
Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although
Lender may take action under this paragraph ?, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from
the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower
requesting payment.
If Londer required mort~l~e insurance as a condiGon of makin~ the loan secured by this .Security Insm~nent,
Borrower shall pay the premiums required to maintain the insurance in effect until such time a~ the requirement for the
insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law.
8. Inspection. Lender or its agent may mak~ reasonable entries upon and inspec~ons of the Property. Lender
shall give Borrower notice at the time Of or prior to an inspection specifying reasonable cause for the inspection,
9. Condemnation, The proceeds of'any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condeunmtion, are hereby
assigned and shah be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sram secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event Of a partial ~king of the Property,
unless ]Borrower and Lender otha~vise agree in writing, the sums secured by this Security InsO'ument shall be reduced by
the amount of the proceeds multiplied by the following fraction: (n) the total amount of the sum~ secured immediately
before the taking, divided by (b) the fair market value Of the Property immediately before the taking. Any balance shall be
paid to Borrower.
If the Property is abandoned by Borrower, or if, after notice by Lender to ]~:n'rower that the condemnor offers to
make an award or settle a claim for damages, ]Borrower falls to respond to Lender within 30 days after the date the notice is
given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or
to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application Of Proceeds to principal shall not extend or
postpone the clue date Of the monthly payments referred to in paragraplu ! and 2 Or change the amount Of such payments.
10. Borrower Not Released; Forbannmce By Lender Not a Waiver. F, xtension of the time for payment or
modification, of amortization of the sums secured by. this.. Security .Instrument. granted by Lender to uny succemor in
interest of ]Borrower shall not operate to release the habiltty of the ongthal Borrower or Borrower's succcssors in interest.
Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for
payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made
by the origionl Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising uny right or remedy
shall not be a waiver of or preclude the exercise of any right or ~qnedy.
11. Suocceenrs and Assigns Bound; Joint and ~verai Liability; Co-signers. The covenants and agreements of
this Security Instrument shall bind and benefit the ancccssors and assigns of Lender and Borrower, subject to the provisions
of pm'agraph 17. Borrower's covenants and agsecmonts ahadl be joint and scveral. Any Borrower who co-signs this Secorit~
Instrument but doas not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey
that Borrower's interest in the Property under the terms Of thil~ Security Instrument; (b) is not personally obligated to pay
the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend,
modLry, forbear or ~mke any accommodations with regard to the terms of this Security Instrument or the Note without
that Borrower's consent.
12. ~ Charges. It' the loan secured by this Security Instrument is subject to a law which sets manimum loan
charges, and that law is finally interpreted so that the interest or other loan chares collected or to be collected in
connection with the loan exceed the permitted limits, then: (u) any such loan charge shah be reduced bY the amount
necessary to ~:luce the charge to the permitted limit; and (b) an), sums aircady collected from Borrower which exceeded
permitted limits will be refunded to Borrower. Lender may choose to make this ret'nad by reducing the principal owed
under the Note or by making a direct payment to Borrower. It's r~und reduces principal, thc redantion will be treated as u
partial prepayment without any prepayment chaise under the Note.
13. Le~slatiun Affecting Lander's Rights. I~' enactment or expiration of applicable laws has the effect of
rendering any provision of the Note ot this Security Instrument unenforceable according to its terms, Lender, at its option,
may require immediate payment in full of all sums secured b), this Security Instrument and may invoke any remedies
permitted by paragraph 19. It' Lender exercises this option, Lender shall take the steps specified in the second paraSraph of
paragraph l?.
14, Notices. Anyn~tic~toB~rr~werpr~videdf~rint~isSecurity~nst~umentshal~begivenbydciiveringitorby
mailing it by first class mail unless applicable law requires use Of another method. The notice shall be directed to the
Property Address or any other address ]Borrower desigaatas by notice to Lender. Any notice to I~nder shall be given by
first class mail to lender's address stated herein or any other address Lender designates by notice to ]Borrower. Any notice
provided for in this Security Instrnment shah be deemed to have been given to ]Borrower or Lender when given ns provided
in this paragraph.
1S. Governing law; Severablltty. This Seenrit)' Instrument shall be governed by federal law and thc law Of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions or' this Security Instrument or the Note
which can be given effect without thc conflicting provision. To this end the provisions of this Security Instrument and the
Note are deniared to be severable.
16. Borrower's Cop),. Borrower shall bc given one conformed cop)' or' the Note and Of this Stcurity Instrument.
17. Tcaanfer of the Property or u Beneficial Interest in Borrower. If all or uny part of the Property or un)'
interest in it is sold or transferred (or ira beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lender's prior written consent, Lender mu),, at its option, require immediate payment in full Of all sums
secured by this Securit)' Instrument. However. this option shall not be exercised b)' Lender Jf exercise is prohibited by
federal law ns Of the date or' this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice alkali 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 Securit)' Instrument. If Borruwer fails to pay these sums prior to the expiration Of this period, Lender may invoke any
remedies permitted b)' this Security Instrument without further notice or demand on Borrower~
18. Borrower's Right to Reinstate, Ii'Borrower meets certain conditions, ]Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to thc earlier of: (a) ~ days (or such other period ss
applicable law may specify for reinstatement) before sale of the Property pursuant to an), power of saic contained in this
Security Instrument; or (b) entr~ Of u .inclement enforcing this Security Instrument. Those conditions ate that Borrower:
(a) pa)'s Lender ali sums which then would be duc under this Secu~t)' Instrument and thc Note had no acceleration
oCCmTed; (b) cures ~ny dcfanlt of an)' other covenants or agreements; (c) pays all expenses incurred in enforcing this
Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may
rensonabl)' require to assore that the lien of this $ccurit)' Instrument~ Lender's tights in the Property and Borrower's
obligation to pa)' the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement b)'
]Borrower, this Security Instrument and tbe obligations secured hereby shall remain full)' effective as if no acceleration hud
occur~:l. However, this right to reinstate shall not apply in the case of acceleration under parag~phs ! ~ or l?.
NON-UNIFORM COVENANT~. Borrower and Lender further covenant and agree as follows:
19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
bre~ch of any covenant or agreement in this Security Ir~trumext (but not prior to acceleration under paragraphs 13 and 17
unless appliclble law provides otherwise). Lender shall notify Borrower of, among other things: (al the default;, (b) the
action required to cure the default; Icl when the defanlt must be cured; and id) that failure to cure the default ts specified
may Fesutl in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and enle of
the Property. Lender shall further inform Borrower of the riaht to reinstate after acceleration and the right to o_e~t in the
foreclosure proceeding the non*existence of a default or any other ,~efenac of Borrower to acceleration and foreclosure. If
the default is not cured as specified, Lender at its option may requlre immediate payment in fall of all sums secured by this
Security Instrument without further dema&d and may foreclose this Security Instrument by judicial proceeding. Lender
shill be entitled to collect all expenses incurred in pursuing the remedies provided Jn this paragraph 19, including, but not
limited to, attorneys' fees and cosU of title evidence tn the extent permitted by applicable hw.
:20. Lender in Possession. Upon ac~aleredon under paragraph ]9 or abandonment of' thc Property, Lender
porson, by agent or by judicially appointed receiver) shall bc entitled to enter upon, ukc possession of and manage thc
Property and to collect the rents of the Property including those post due. Any 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 secu~:t by
this Security Instrument.
21. Release. Upon payment of all sums secured by this Security lnstrnrncet, Lender shall discharge this Security
Instrument without charge to Borrower. Borrower shall pay any recordation costs.
22. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to
the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
23. Parehose Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire
title to the Property, this Security Instrumenl shall be a purchase money mortgage.
24. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on thc
Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
· 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
Instrument. [Check applicable box(es)]
[] Adjustable Rate Rider [] Condominium Rider [] 2-4 Family Rider
[] Graduated Payment Rider [] Planned Unit Development Rider
[~ Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
Witnesses: ~ ~
....... L.,::~ ...............
.............. ........... ............ .............
~N~ COMMONWEALTH OF PENNSYLVANIA .... ~.. ,~.. ...................... .County ss:
...... O.n. ~this, thc..2.3. .... .. .... day o[ ...... .lv~...c~.. ............... 19~.., before mn ...................
,,.,~.0~..~-.: ~;.~.,;':'.~ .... :....the .undc~gned officer, personally appeared .... .If,~'g~ .~,, P,/gl/flOJ,l:~,. gz%. ~
,.. ~,...,~V.~%~.o$p.h.,...h~....wac..e. .................................. know~ to mc (or sadsfantoril~
'"" '~'"~' 'prO'9"~e:'~t~ ~'rs°n/cl.~v._~.~ .~,. '~' .whose name. ~..t~L-'~ ..... subsctlbed Io the within instrument and acknowledged that
: ,'.¢ . '!~N ~t~rl ~'~'~WltE,P, ol~ I hereunto set my hand and offio al seal
/
KANDI L. LEI~KER, ffotery Pub~g
.......... Ga;lisle~ C~m.~er~,nd Ce., Pa ..........................
M,y Commi~sion ~pT~I~P ~l:g~, q989
'EXt{IBIT A
AIL THAT CERTAIN tract of land situate in West Pe~nsboro Township, Cumberland
County, Pennsylvania, more fully boundnd end descrifed as follows:
BEGINNING st s point in the centerline of U.S. ROute 11 (airier ~{ighwsy) at
lands now or formerly of Clyde E. Weibley; thence along la~s now or formerly
of said Clyde E. Weibley the following courses am~ distances to wit: North 14
~egrees 54 n~nutes 56 secofl~s West 3~1.~0 feat to an iron pin; North 72
~egrees 25 m/n~tes 40 secoFK]S East 2~B.19 feet to an iron pin; South 14
degrees 54 m/~utes 56 seconds East 3~4.0B feat to a point in the centerline of
said O.S. Route 11; thence along said ceflterli~e South 72 degr= 25 m~nutes
4~ seconds West 2~B.19 feet to a point; the Place of BEginNING.
BEING further descri~ed as Lot No. 3 (residual area) and Tract B on the
Subdivision Plan for Clyde E. Weibley and Donald E. Munro, dated July 7, 1987,
prepared by Stephen G. Fisher, R.S., and recorded even date herewith in the
Office of the Recorder of Deeds of Cumberland County.
AND BEING c~osed of all that certain tract of land which Clyde E. Weibley
end Doris R. Weibley by deed dated A~ril 27, 1984 mn~ recor~e~ in' Cumberland'
Co~nty Dee~ Book Q, Vol. 3~, Page 834, grante~ a~ coEr~eyed to Donald E.
and Li~da R. Munro, Grantors herein. Less, however, a certain tract of land
described as Tract A On the herei~ab~ve mentioned Subdivision Plan which tract
Donald E. Munro arid F.irx~a R. Mur=o by ~ dated and zecozde~ evefl date
herewith grante~ find coflveyed to Clyde E. Weibley sr~ Doris R. Weibley. And
Together wi~h all that carte'in tract of land desori~e4 as Tract B on the
hereinmbove mentiofled Sundivialon PLan which Clyde E. Weiblay an~ Doris R..
Welbley, hushem~ fu~ wife, by deed dated March 1988, andto be
even date herewith granted m~ conveyed to I~ld E. Munro ar~ F. inda R. Munro,
Grantors herein.
CONVERTIBLE ARM RIDER
No P~m~ C~pl
TNISCONVERTIBLF..ARMRIDERismndethis '~3 dayof MO_rC~ Iq~ ,endisineoq~oratedintoend
shall be dcemnd to amend and supplement the Mortgage. Deed of Trust or Security Deed (thc "Security Instrument') of the same date
given by the undersigned {thc "Bo~ower') to secure Borrower's Convertible ARM Note (thc "Nora") to
l-1.~'r'r'~g .~,r~r~? ~c~,~ion (thc"Louder")
of thc same date and cove, ting the property described in thc Sccurhy Instrumem and located at:
' ~ NOT~ Cot~rAn~S PRovlslOHS ALt. OWXNO FOR CHANO~ IN TH£ I~T~R~S'r
RAT~, AND THE MONTHI-Y PAYMENT. IF THE INTERF~T RATE INCREASES,
BORROWER'S MONTHLY PAYMENTS WILL BE HIGHER. 1F THE INTEREST RATE
DECHEA~ES, BORROWER'S MONTHt. Y PAYMENTS WILL. BE lOWER. ON THE
CHANGE DATE{S) SPECIFIED'BELOW, BORROWER MAY CONVERT TNB
ADJUSTABLE RATE LOAN INTO A FIXED RATE, LEVEL PAYMENT, FULLY
AMORTIZING lOAN.
covcuact nnd ~gren as follows:
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial interest rate of 8.50 ~. The Note provides for chsoges inthe imerest rate and the monthly
payments, as follows:
4. INTEREST RATE AND MONTIII. Y PAYMENT CHANGES
fA) Change Dates
The intel, st rate I will pay may change on the first day of ~.~.=T 199.1 . and on that day eve~' ~36 th
month thereafter. Each date on which my interest rate could change is culled a "Chnnge Date."
(B) The Index
Beginning with the'first Change Date. my interest rate will b~ based on an Index. The "Index" is the weekly average yinld on
United States Treasury sacurities ad,justdd to a constant maturity of' ~:~ yours, as made available by the Federal Reserve
Board, The most r~.--ent Index figure available as of the date 45 days before each Chnnge Date is called the "Current Index."
If the Index is no longer aveilahie, the Note Holder wilt choose a new index which is based upon comparable information. The
Note Holder will give rue notice of this choice,
{C) Calculation of Changes
Before each Chan~g~ Date. the Note Holder wilt.calculate my new interest rate by adding
percentage points ( 2. §0 ~) to the Current Index. The Note Holder will then round the resu of' this addition to the nearest
one-eighth of one percentage point (0.125~). This rounded umoont will be my new interest rate until the next Change Date,
The Note Holder will then determine the amount of the monthly payment that would he sufficient to repay the principal I am
expected to owe at the Change Date in full on the maturity date ut my new interest rata in substantially equal payments. The result of' this
calculation will he the new amount of my monthly payment.
(D) Effective Date of Changes
My new interest rate will become effective on each Chenge Date. I will pay the amount of my new monthly payment beginning
(E) Notice of Changes
The Note Holder will deliver or mail to me n nodce of nny changes in my interest rate and the nmouot of my monthly payment
before the effective'date of' nny change, The notice will include information required hy law to he given me and also the title and
telephone number of a person who will nnswer eny question I may have regarding the notice. If I may convert my loan as provided in
Section 5 of this Note. the notice will also include the following information:
(1) the fixed interest rate I will pay if I choose to convert my loan into s fixed info.st rate loan:
(ii) the amount of my new monthly paymcm ut the fixed rate of interest: and
(iii) a date. not more than I$ days from the date the notice is given, by which I must execute ned deliver lo Lender u dooamcut
in the form that lender may require evidencing the modification of' thc Note to provide for a fixed interest rate.
B. CONVERSION TO FIXED INTEREST RATE
. The Note also provides the Borrower an option to convert the adjustable rate loan into n fixed interest rate loan ns follows:
5. CONYER~ION TO FIXED INTEREST RATE
(A) My Option to Convert
On the ~ Change Date(s). ] raay convert the ed)ustabln rate loan evidenced by this Note into
n fixed interest rate loan to be fully repaid in substantially equal monthly peyments of principal and interest over the remaining tnrm of
the loan.
(B) My Fixed Rate of Interest and Monthly Payments
If I choose to convert to a fixed interest rate, the Note Holder will set the fixed rain of interesl that I will pay at a rate equal to the
sum of Ii) the Federal Home Loan Mortgage Corporation's Required Net Yield for 60-day delivery 0f.30 ynar, fixed rate mortgages
available 4;5 days prior to the Change Date on which I exercise my option to convert, plus (ii) three-eighths of one percentage point
1.37'~%). If no such Required Net Yield is available, thc Nme Hotder will determine the fixed interest rate by using a comparab[e figure.
The oew fixed interesl rate will become effective on the Change Date on which ] couven to o fixed interest rate.
* 'l~e ~ni:eresl: z:a~e wi.Il not: be ~gect 'o,7 mo~.e than .~.~0.0....pewees'cage
My monthly payments mt the new fixed infarct rate will begin as of the first monthly payment ef~or the Change Date on which I
conve~'l. The monthly payment will be thc amount thai is necessary to repay iA full the principal I am expected to ow~ at that Change
l)ate in substantially equal payments on the maturity date at m), fixed interest rate.
(C) How to Convorl
If'l choose to co~ven, I will be ~aired to sign and deliver In the Note Holder thc dcoumcot evidencing the modification of'the '
Note within the period ~t in the, Note Holder's notice as provided in Section 4(El above. If I do not do this within the specified period, I
will not htsve an option to convert unless I can exoreise another option on other Change Dates ss indlcated in Section 5IA }, In that essa.
the interest rate that I will pa), will continue to adjust in accordance with S~ction 4.
C. TRANSFER OF THE PROPERTY OR A BENEFICIAL IN't~REST IN BORROWER
Uniform Covenant 17 of the Security Instrument is amended to read ss follows:
Transfes- of Ibc Property or · Benefielnl Internal in Borrower. If all or any pan of the Property or any interest in h is
sold or trnnsferrnd {or if a bane ficiaJ interest in Borrower is sold or transferred and Borrower is not a natural person) withoul
Lender's prior wrilten con.scot. Lender mn),. at its option, require immedime payment in full of all sums sccu~d by this
Security Instrument, However, Ibis optio~ shall not he exert·nd by Lender if exmeise is prohibited b~ federal law as of the
date of this Secority instrument. Lender also shaJI not cxerci~ this option in connection with any sale or transfer occurring
.prior to a conve~ion to a fixed interest rate if: tn) Borrower causes to he submitted to Lender information required by Lender to
evaluate the in~endnd transferee as if n new loan w~re being made to the transferee; and lb} Lender reasonably determines that
Lender's r, ecurily will not he impaired by ~he ionn assumption nmi that the risk of a b~ach of any covennnt or a~.treemcet in this
Security Instrument is acceptable to Lender,
To the extent permitted by applicchle law. Lender may charge n reasonoble fee as · condition ro Lendar's coronet to
the ]onn assumption. Lender may also require thc transferee to si~n lot assumption agreement that is acceptable to Lender nnd
that obligates the Iraesfeme to keep all the promises nnd a~reements made in the Note and in this Security Instrument.
Bon'ower will continue to be obligated under the Note and this Security Instromeot unless Lender releases Borrower in
writing.
If Lenthn- exercises the option to rcqui~ immediate payment in full. Lender sindl give Borrower notice of neceleralion.
The notice shall provide a parimi of not less than 30 days from thc date the notice is delive~d or mailed within which Borrower
must pay alt sums secured by this Security instrument, If Bon-ower fails to pay thes~ sums prior to the expiration of this period,
Lender may invoke any remedies pal-minted by Ibis S~urity Instrument without farther notice or demand on Bon'ower.
D. EFFECTIVENF_~$ OF PRO¥ISIONS
Upon Borrower*s dellve~, of' the executed n~iflcation to the Note, Section A ·bore shall cease to be effective.
BY SIGNING BELOW. Borrower accepts and ·groes to the terms and covenants contained in this Convetiible ARM Rider.
Kenneth Randol~, j'~
- - Viv~maTn L.' P~ndolph
ISnsl)
(Seal)
- Borrower
CONVERTIBLE ARM NOTE
--No Payment Capl
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST
RATE AND MY MONTHLY PAYMENT. IF MY INTEREST RATE INCREASES. MY
MONTHLY PAYMENTS WILL BE HIGHER. IF MY INTEREST RATE DECREASES. MY
MONTHLy PAYMENTS WILL BE LOWER. ON THE CHANGE DATE{S} SPECIFIED- '
BELOW. I MAY CONVERT TEE ADJUSTABLE RATE LOAN INTO A FIXED RATE,
LEVEL PAYMENT. FULLY AMORTIZING LOAN.
March 23, . 19 88 Carlis3~ Pennsylvania
R.D.# 4. Box 328-C. Carlisle, PA 17013
1. BORROWER'S PROMISE TO PAY
In return for u loan that I have rcccivcd. 1 promise tO[~rU...S. $ .[26,000.00 2 (this amount is called "principal'}.
plus interest, to the order of thc Lender. Thc kcndcr is .~; Savir~ ]Lssociation
I understand that the Lc nber may transfer this Note. The L.cndcr or anyone who take.~ this Note by transfcr and who is end tlcd to reccive
payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal unlil thc full amount of principal has been paid. l will pay intcrest at a yearly rate of
8.50 .%. The interest rate I will pay will change in accordance with Section 4 of this Note.
Thc interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default
described in Section 8(B) of this Note.
3. PAYMENTS
IA) Time and Plane o1' Payments
[ will pay principal and interest by making payments every month.
[ will make my monthly payments on the first day of each month beginning on ~ 3., , 19 88 I will make
the:.~ payments cve~, month until 1 have paid all of the principal and interest and any other charges described below hat I may owe
under th s Note. My monthly payments will bc applied to interest before principal. If. on hl:~]. 1 , 2018 1
:still owe amounts under this Note. I will pay those a~ounis Lo full on.thru dat., which is eaJlcd the "~aturir/
I will make my monthly payments at ~ecoDo. arx:t ~'_~..t-~ ~'c---eel:s, .;-~"=.~Ot~'g, ~e'~.710l
or at a different place it' required by the Note Holder~
(B) Amouet of My Initial Monlhly Payments
Each of my initial monthly payments will be in the amount of U.S. $ 968.84 This amount may change.
(C) Monthly Payment Changes
new interest rate and thc changed amount of my monthly payment in accordance with Section 4 of this Note.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates
Theinterestratelwillpaymaychangeonthefirstdayof~. 19_~)..,~..andonthatdayever:,,36 ~hmanth
thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index
Beginning with the first Change Date. my interes! rate will be based on an index. The "Index" is the weekly average yield on
United States Treasury securities adjusted to a constant maturity of three yeats, as made available by the Federal Reserve
Board. The most recent Index figure available as o~' the date 45 days before each Change Date is called the "Cardem Index."
If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. Toe
Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
percentage points ( 2.50 %) to the Current index. The Note Holder will then round the result of this addition to the nearest
one.eighth of one pereentage point (0,125%). This rounded amount will be my new interest rate until the next Change Date.
Thc Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the principal [ am
expected to owe at the Change Date in Full on thc maturity date at my new interest rate in substantially equal payments. The result of this
calculation will be the new amount of my monthly payment. *
(D) Effective Date or Changes
My new interest rate will hccomc effective on each Change Dine, I will pay thc amount of my new momhly payment beginning
on thc first monthly payment date after the Chau~ Dare until thc amount of my monthly payment changes
(El Notice of Clmnges
Thc Note Holder will deliver or mail to mc a notic~ of any changes in my interest rate and thc amount of my monthly payment
before thc effective date of any change. Thc notice wilt include information required by law to be given me: and also ;he title and
telephone number of a person who will answer any question ] may have regarding thc notice. If I may convert my loan as pmvidnd in
Section 5 of this Note. the ~odcc will also include thc [ollowing ini`orma6on:
Ii) the fixed interest rate ] will pay if I choose to convert my loan into a fixed interest rate loan;
(ii) thc amount of my new monthly payment al thc fixed rate of interest: and
(iii) ~ da~c` not m~m than ~ 5 days fr~m tbe dat¢ th~ n~ticc is giv~n~ by which ~ must ~x¢cure and deiiv~r t~ Loud~r a d~cument
in ~hc form that Lender may require evidencing the m~dificmion of thc Note to provide for s fixed interest rate.
S, CONVERSION TO FIXED INTEREST RATE
(Al My Option to Convert
On the aLL Cheagc Dare(-~). I may couven thc adjustable rate iouo evidcncnd by this Note into
a fixed interest rate loan to be fully repaid in substantially equal monthly paymcnt$ of principal and interest over thc remaining term of
the loan.
lB) My Fixed Rate of Interest aud Mea~ly Payments
If ] choose to convem to a fixed interest rate. the Note Holder .,viii set thc fixed rate of interest thal ] will pay at a rate equal to the
sum of (il. thc Faders] Home Loan Mortgage Corporation's Rcquired Ncr ¥icld for 60-day delivery of 30 year, lqxcd rare mortgages
uvailabl~ 45 days prior to the Change Date on which I exercise my option to convert, plus (ii) thr~c-cighths el` one penreotagc point
(,375~), If no Such Required Nel Yield is available, thc Note Holder will determine thc I'ixod intcresl ra~c by using a comparable Ggure.
Thc new fixed interest rate will become effective on thc Change Date on which i convert to u fixed interest rate.
My monthly payments at Ihe new fixed imemst rain wi]] begin as of the first monthly payment after the Change Date on which ]
convert. Thc monthly payment will bc the amount that is nece~su~ to repay in fult thc principal I am expected to owe at thai Change
Dare in subsmndully equal payments on thc maturity date at my I'ixed intercst rate. lC} How to Convert
If ] choose to convcrL I will be required to sign and deliver to thc Note Holdcr thc documcm evidencing the modification of the
Note within thc pefind'sct in thc Note Holder's notice as provided in Section 4(El abovc. If ] do not do this within the specified period,
will not have an option to convert unless [ can exorcise another option on other Change Dates as iudicuted in Section 3lA ). In that case.
the intcrc.~t rare that [ will pay wi]] continue to acijusl in accordance with Seclion 4.
6, BORROWER'S RIGHT TO PREPAY
I have thc tight Io make paymcots of principal at any time before they arc duc. A payment of principal only is known as a
"prcpaymeot," When I make a prepayment. I will tell the Note Holder in writing that I am doing so.
] may make a full prepayment or panlal prepaymcots without pay lng uny prcpaymout charge. Thc N ore Holder will usc all of my
pmpaymcn ts to reduce thc amount of principal that I owe under thi~ Note. ]f ] make a partial prepayment, them will bc no changes in the
duc dates of my monthly payments unless thc Note Holder agree.'; in writing to those change~;. My par[iai prepayment will reduce the
amount o~' my monthty paymenc~ after thc first Change Dare following my panini prepayment. However, uny reduction due to my
partial prepayment may loc offset by a~ interest rate incmusc.
?. LOAN CHARGES
· If a law. which applic.~ lo this loan and which acts maximum teas charges, ix finally interpreted so that thc intorcst or other teas
charges collected or to bc co]lcctnd in councction with this loan exceed thc permincd limits, then: (i} any such loan charge shall bc
reduced by thc amounl necessary to reduce thc charge to thc pcrmincd limit: and iii} uny sum~ already collected from mc which
excended permitted limbs will hc rci`undcd Io mc. Thc Nme Holder may chousc to make this rcfund by reducing thc principal I owe
under this Nolo or by making u direct payment to mc. I fa refund rcducc.~ principal, thc reduction will bc tmamd as a partial prepayment.
8. BORROWER'S FAILURE TO PAY AS REQUIRED
(Al Late Charges for Overdue PnymenU
If thc Nolo Holder has not rcceivcd thc full amounl of uny monthly paymcnt by thc cad of. 1,5
calendar days after the dam it is duc. I will pay a late charge to thc Notc Holder. Thc amount of thc charge will bc .~ ~ of my
overdue paymcm o1' principal and inlcmst. ] will pay this talc charge promptly but only once on each lute paymcm,
('Bi Default
If I d~ not pay thc full amount of each monthly paymcnt on the date it is duc. ~ will bc in defuuh.
lC) Notice of Default
If I am in dcfauh, thc Note Holder may send mc a wdllcn nolicc telling mc that if ) do not pay thc ovorduc amuunt by a certain
date. Ibc Note Holder may require mo to pay immediatcly the I~ll amcmnl si*principal which has sol been paid and
owe on Ihul amount. Thal dale must bc at Icast 30 days after thc date on which the notice is delivered or mailed lO mc. iD) No Waiver by Note Holder
Evcn if. at a time when [ am in dc fauh. thc Note Holder dous not require mc to pay immediately in I~ll as described above, thc
Note Huldcr will still have thc right to do so ii' 1 am in del~ult at a later time,
* /'he .La'cutest: :al:e t,,'5~ n not be c. hanged by' more t:b.a~ . .3. Cl.0..pc:celt:age po/al:s on any'
chmlge dace. /'he ne~ a,..." '~.st: rat:e shal'l not: inn=ease. ~ :at:e g~eat:e: ~ . .6...0.0..
~a,bove. C~he 5._.-d.~:ia]. in:e:e$~,~'al:e, 'i.e. a ceL.]./x~ o£ . .d-~..?.u.~a:dle,ns o£ any' nu:r, remen'c
{El Payment of Note Holder's Casts and E.~peases
1F thc No~e Holder has required mc to pay immediately in Full as described alxwc, the Notc Holder will have the riehl to bc paid
back by me For all of iL~ costs and expenses to thc extent not pmhibitcd by applicable law. Those expenses include, for example.
reasonable attorneys' fees.
9. GIVING OF NOTICES
Unless applicable law requires u dirl'emnt method, uny notice that must bc givcn to me under thi.~ Note will bc given by
delivering it or by mailing it by first cia,is mail to mc al Ibc Prupcny Address above or ut a dl FIi:rcnt address if I give the Notc Holder s
notice ~£ my different address.
Any notice that must be given to the Note Holder under this Note wi U be givcn by mailing il by fir~l cla..~ mall tt~ the Note Holder
at the address stated in Section 3(A) above or at a different address it' I am givcn a notice ot' that dlfibn::nt eddrc~.
10. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one pcr~on signs Ihis Note. each perr~m is fully and personally obiigmcd to kccp all ~1' thc pmmisc~ made in this
Note. including the prumise Io pay thc Full amount ~r, ved. Any per, on who is u guurumor, surety or endorser OF this Nole is also
obligated Io do thc~ things. Any paman who takes over Ihc..ie obligalions, including thc obligations ol'a guarantor, surety or endorser of
this Note. is also obligated u) keep all of the promlsc~; made in this Nolo. The Note Holder rnuy cnl'oree its righm under Ihi~. Noal auainst
each person individually or againss all of us together. This means that any one of us may bc required to pay ulLuf thc amoum&-owod
under this Note.
Ii. WAIVERS
[ and any other parson who has obligations under this Note waive thc righL,~ of presentment and ~otice of dishonor.
"Presentment' means the right to require thc Note Holder to demand payment of amounts due. "Notice of dishonor" means thc right to
require the Note Holder to give notice to other pcr:~ons thul amounts duc have not been paid.
12. UN[FORM SECURED NOTE
This Note is a uniform instrument with limilcd variation.*; in some jurisdictions. In addition to thc protections given to the Note
Holder under this Nme. a Mortgage. Dc-cd of Trust or Security Dead [the "Security Instrument"). dated thc same dam as this Note.
protects thc Nolo Holder from possible losses which might result if I do not keep the promises which I make in this Note. The SecuriP/
instrument describes how and under what conditions I may bc required to m'akc immediate payment in felt of all amounts [ owe under
this Note. Some of those conditions arc described as t'ollows:
Transfer of the Property or a Beneficial interest in Borrower. If all or any pan OF thc Propcny or any interest in it is
sold or transfcn~d (or ifa beneficial interest ~n Borrower is sold or transferred and Bom)wet is not a natural parson) without
Lender's prior w~tten consent. Lender may. al its option, require immediate payment in full of all sums secured by this
Security [naln~ment. However. this option shall not be exercised by Lender if exercise is prohibited by fedem~ law as of the
date OF this Securily Instrument. Lender also shall flo~ exercise Ihis op[ion in connection with any sale or tramfer accun~ng
prior to a conversion to a fixed intexest rate Lr: (a) BOnlowcr causes to be submilted to Lender information required by Lender to
eva~uate the intended transferee as if a new loan we~ being mede to the transfers: and Cb) Lender reasonably determines
Lender's security will n6~ be iml:mired by the loan assumption and thai the risk OF a breach of any covenant or agreement in ih
Security thalmmcnt is acceptable ~o Lender.
To the extent permitted by applicable law. Lea, :; may charge a reasonable fee as a condition to Lender's consent lo
thc loan assumption. Lender may also require t he traas£¢ree to sign an assumption agreement that is acceptable to Lender and.
that obligates the transferee to keep ail the ptomlses and agreemen~ made in the Note and in this Securily Instrumenl.
Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in
writing.
If Lender excretes the option to require immediate payrnem in full. Lender shall give Borrower notice of aceeleration.
The notice shall provide u pariod of not tess than 30 days from the date the notice is delivered or mailed within which Bonower
must pay all sums secured by this Security Insm~mont. [ f Bon-ower fails to pay these sums wior to the expiration of this pariod.
Lender may invoke any rcmedias permitted by this Security lastrement without funber ondec or demand on Bon~ower.
WITNESS THE HAND(SI AND SEAl, SI OFTME UNDERSIGNED.
(Seal)
Vivian L. R~olph - Borrower
. Bo,~rower
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct
to the best of my knowledge, information, and belief. I further verify that I am the
Default Manager of Waypoint Bank, and that as such, I am authorized to make this
Verification on its behalf. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
WAYPOINT BANK
Dated:
By: Stacy A~~ron~
Default Manager
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION AND
HARRIS SAVINGS BANK
Plaintiff
VS,
KENNETH H. RANDOLPH, JR.
VIVIAN L. RANDOLPH
UNITD STATES OF AMERICA
Defendants
No. 02-2134
AFFIDAVIT
The Affiant hereby affirms that he served the Defendant United States of
America on May 8, 2002 at the following addresses; The United States of
America, Internal Revenue Service, 1111 Constitution Avenue - NW,
Washington, D.C. 20224-0001; Joseph J. Ter-z, U.S. Attorney's Office, Federal
Building, 2nd Floor, Suite 217, 228 Walnut Street, Harrisburg, Pennsylvania
17101 and The United States of America, Internal Revenue Service, P.O. Box
12501, Philadelphia, Pennsylvania 19106 by certified mail, return receipt
requested with the Complaint - Mortgage Foreclosure.
Affiant~ ~
COMMONWEALTH OF PENNSYLVANIA
SS,
COUNTY OF YORK
On this ~- day of May, 2002, before me, a Notary Public of the
Commonwealth and County aforesaid, personally appeared Benjamin F. Riggs, Jr.
known to me (or satisfactorily proven) to be the person whose name is subscribed
to the within instrument, and acknowledge that he executed the same for the
purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
J Notarial Seal
J Bridget C. Gallaeher. Notary Public . I
LMY Commission Expires Feb. 22, 2003 J ~Jotary Public
My commission expires:
O~
...<
SHERIFF'S RETURN -
CASE NO: 2002-02134 P
COMMONWEALTH OF PENNSYLVA/~IA
COUNTY OF CUMBERLAND
NOT FOUND
WAYPOINT BANK
VS
RANDOLPH KENNETH H JR ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
RANDOLPH KENNETH H JR but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
the within named DEFENDANT
NOT FOUND , as to
RANDOLPH KENNETH H JR
PROPERTY BELIEVED TO BE VACANT. RAi~DOLPHS' NEW
ADDRESS IS PO BOX 214 SIMPSON, NC 27879-0214.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Not Served 5.00
Surcharge 10.00
.00
36.45
R. Thomas Kline ~
Sheriff of Cumberland County
WAYPOINT BANK
05/14/2002
Sworn and subscribed to before me
this lq ~' day of
~ A.D.
Proth'o~ot ary
SHERIFF'S RETURN
CASE NO: 2002-02134 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
- NOT FOUND
WAYPOINT BANK
VS
P~ANDOLPH KENNETH H JR ET AL
R. Thomas Kline
duly sworn according to law, says, that he made a diligent
inquiry for the within named defendant, DEFENDANT
RANDOLPH VIVIAN L
unable to locate Her
COMPLAINT - MORT FORE
,Sheriff or Deputy Sheriff, who being
search and
but was
He therefore returns the
__ in his bailiwick.
the within named DEFENDANT
, NOT FOUND , as to
RANDOLPH VIVIAN L
PROPERTY BELIEVED TO BE VACANT. NEW ADDRESS IS
PO BOX 214 SIMPSON, NC 27879-0214.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
R. Thomas Kline
Sheriff of Cumberland County
WAYPOINT BANK
05/14/2002
Sworn and subscribed to before me
this /7? day of%
~2~ A.D.
6ta~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION -- MORTGAGE FORECLOSURE
WAYPOINT BANK, F/K/A
YORK FEDERAL SAVINGS
AND LOAN ASSOCIATION
AND HARRIS SAVINGS BANK
Plaintiff
VS.
KENNETH H. RANDOLPH, JR.
VIVIAN L. RANDOLPH
UNITED STATES OF AMERICA
Defendants
No. 02-2134-Civil
PRAEClPE TO DISMISS
Please dismiss the above-referenced matter without prejudice.
Benjam~
I.D. No. 72030
Waypoint Bank
P.O. Box 1711
Harrisburg, PA 17105-1711
(717) 815-4518
Zr~ t ,rn