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HomeMy WebLinkAbout00-00396 ! ' ~ '-,0 . ~_ '. ~,,';'I->' - .c_, _.,- -C, . ,,-- ;:i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AURORA LOAN SERVICES, Assignee of MARGARETTEN & CO., INC., NO. .2000 - ~9b Ci~..L~ Plaintiff, ISSUE NO,: v, JEFFREY A. REIM and EILEEN A, REIM, CODE: Defendants TYPE OF PLEADING: TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN lWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. WELTMAN, WEINBERGI' L,P,A, BY:~~~~LAINTIFF . COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: PLAINTIFF I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: clo Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pillsburgh, PA 15219 COUNSEL OF RECORD FOR THIS PARTY: AND THE DEFENDANTS ARE: 225 Springfield Road Shippensburg, PA 17257 JON A. McKECHNIE, ESQUIRE Pa. I.D, #36268 WELTMAN, WEINBERG & RE'f CO" L.P,A, BY: ~ 'w\. "-..'l~J'v--. . A RNEYS FOR PLAINTIFF I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: RD 5, Box 60, Springfield Road North Newtown, PA 17257 Township of North Newton WELTMAN, WEINBERG ~.A. BY~~~;~INTIFF WELTMAN, WEINBERG & REIS CO., L.PA Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#01793095 ;~. ~~ . --I . -" ' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AURORA LOAN SERVICES, Assignee of MARGARETTEN & CO., INC" NO: Plaintiff, v, JEFFREY A. REIM and EILEEN A, REIM, Defendants NOTICE TO DEFEND 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 rnay proceed without you and a judgment rnay 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: LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Aveue Carlisle, PA 17013 (717) 249-3166 , " I," . ,. <'. ".J" . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AURORA LOAN SERVICES, Assignee of MARGARETTEN & CO" INC. Plaintiff, NO: ,,'lM1;J' 39/:'- ~ 1JA- v, JEFFREY A, REIM and EILEEN A, REIM, Defendants CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff Aurora Loan Services, Assignee of Margaretten & Co., Inc" by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1, The Plaintiff is Aurora Loan Services, Assignee of Margaretten & Co" Inc., lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff'). 2. The Defendants are Jeffrey A. Reim and Eileen A. Reim, adult indivduals whose last known address is 225 Springfield Road, Shippensburg, PA 17257. 3, On or about April 23, 1990, the Defendants executed a Note ("Note") in the original principal amount of $58,350,00, A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4, On or about April 23, 1990, as security for payment of the aforesaid Note, the Defendants made, executed and delivered to Margaretten & Co., Inc" a Mortgage in the original principal amount of $58,350.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on April 25, 1990 in Mortgage Book Volume 974, Page 425, A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. __""I J-~ (; 'k;, I' ,~' ,- '- - ,-, ._~~_ " . 5, Margaretten & Co" Inc., assigned all of its right, title and interest in and to the Mortgage to BancBoston Mortgage Corporation, pursuant to an Assignment of Mortgage, 6, BancBoston Mortgage Corporation, assigned all of its right title and interest in and to the Mortgage to U,S. Bank National Association, pursuant to an Assignment of Mortgage. 7. U,S, Bank National Association, assigned all of its right, title and interest in and to the Mortgage to Plaintiff, 8, The Defendants are the current record and real owners of the aforesaid mortgaged premises. 9, The Defendants are in default under the terms of the aforesaid Note and Mortgage. 10, Demand for payment has been made upon the Defendants by Plaintiff, but Defendants were unable to pay the principal balance, interest or any other portion thereof to Plaintiff, 11, Plaintiff was not required to send Defendants written notice of Plaintiffs Intention to Foreclose Mortgage pursuant to 41 P,S, 9403 (Act 6 of 1974) prior to the commencement of this action for the reason that said Mortgage is not a "residential mortgage" as defined in to 41 P.S, 9101, 12, Plaintiff was not required to send Defendants written notice pursuant to 35 P,S, ~1680.403c (Homeowner's Emergency Mortgage Assistance Act of 1983-Act 91 of 1983) prior to the commencement of this action for the reason that the Mortgage is insured by the Federal Housing Administration under Title 11 of the National Housing Act. 13. The amount due and owing Plaintiff by Defendants is as follows: " "'- , . I- - ,.' -~ Principal Interest thru 1/1/00 Attorneys' Fees Other Charges $ 53,750,25 $ 2,732.19 $ 1,000,00 $ 50,00 $ 57,532,44 TOTAL 14, Contemporaneously hereunder, Defendants have been advised of their right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit "C" and made a part hereof. WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of $57,532.44, with interest thereon at the rate of $14,93 per diem from July 1, 1999, plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises, THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS CO" L,PA ~~\l~" Jon A. McKechnie, Esquire Pa. 1.0. #36268 Attorneys for Plaintiff 2718 Koppers Building 3436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 EXH1BIT~~_ .~~"' .~",-"",,I .-, -v - "- ~ 'mLi ." ~ L l!!~:~; 'i.:...j~ , tJ ~.,~ " .\ , . NOfE, S'fW77 - , ;FHA Case No. 4414096704703 .'.,':J"i' 23rd. 1990 1. PARTIES 17302016 "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. '~Lender" ,means . , MARGARETTEN & COMPANY. INC, and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of Fifty- ~~ght Thousand, Three Hundred Fifty and 00/100 Dollars (US. $ 58 . 350 . 00 ), plus interest. to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Ten ?2,' ":entum per cent ( "10) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is.dated the same date as this Note ,and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on J u n (2 : s t, 1990 . Any principal and interest remaining on the first day of May. ;' C ::: (; , will be due on that date, which is called the maturity date. (B) Place Payment shall be made at One Ronson Road. Iselin, New Jersey. 08830 or at such other place as Lender may designate in writing. (C) Amount Each monthly payment of principal and interest will be in the amount of $ 5 1 2 . 3 1 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the 'covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. S. BORROWER'S WCRT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any momh. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(q of this Note by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four per cent ( 4 llJo) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary wil1limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by Hun regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expens~ including reasonable and customary attorneys' fees for enforcing this Note. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. FHA MULTISTATE NOTE MAR.(iO~7 Page I of 2 (lU89) ~;" ~~ , ^ I-~- ",;...,--,,-; ;"'~,i--~' i@1Ji . ' retta LankfOrd ./(I)fl-- WITHOUT RECOURSE p,W TO OROER OF. , CDiPORATlON,Jacksonville PAY TO THE OWER OF WI TllOUT llECOUllBE llOMESInE LEIIDING. INC. Formerly Known as BancBoston Mortgage Corporation ~t1' d2.- _h..,J.'CZ:i'~~ ~~.:> BREIIDA F~ BREllDLE SENIOR VICE PRESIDENT ;:,-,-- "F c . .' 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor . "Presentment" means the right to require Lender to demand payment of amounts due. HNotice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. , '8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower.at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender 'under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBUGATJONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each persOn is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Anyone person signing this Note may be required to pay all of the amounts under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Procerty Address: ;:\0 5 BOX 60 SPRINGFIELD RD NORTH NEWTOWN, PA 17257 ~\i~~t;:;' ------------------ <1~Al.-~~-~~--------- JEFFPifAT~ , , ~-2'Z--c2c~-=n-----n EILEEN A REIN -----------------~----------------- ----------------------------------- FHA MULTlSTATE NOfE MAR-60S7Page2of1(1l/89) , ~ ."~ ,"', - ,-~- -'-I~.;.;; ,~ '; ~.. {:~; ORIGINAL ,l'~ MORTGAGE ' d ClJ^'{\( cl 'lOb" 10' b6"tbll-j 2.9COSQ Slate of Pennsylvania FHA Case No. 4414096704703 17302016 THIS ,MORTGAGE ("Security Instrument") is given on The Mortgagor is JEFFREY A REI"'., ~,ND ~lLEEN A REIM, HUSBAND/WIFE Apl"i 1 23rd, 1990 whose address is RD 6 80X :~'J SPRINGFIELD RD NORTH NEWTOWN PA }7257 . , ("borrower' ). This Security Instrument is given to MARGARETTEN & COMPANY, INC. which is organized and existing under the laws of the State of New Jersey ,and whose address is . 011", ;~onson Road Iselin, New Jt:>f'sav 08330 (n Lenctert,). 'Borrower owes Lender the principal sum of Fif:t,,- E'g:c, 'oousand. The~"r ~u"deed, Fift,. and OO/J 00 Dollars (u.-;j. $ '::;3 350 00 ). hiS ael)t is'evldenced 15)' Borr~wer's note atea the same date as this,Security Instrument ("Note"), wYucl'! proviaes for monthly payments, with the full debt, if not paid earlier, due and payable on 1 20 ", 0 . This Security Instrument secures to Lender: (a) the repayment of the debt 'evidenced by t~e~ote, ~nn interes(and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under Paragraph 6 10 protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant' and convey to Lender the following described property located in ' THE TOWNSHIP OF NORTH NEWLOWN , ' , CUMBERLAND County, Pennsylvama: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF, BEING THE. ';.'\~'~~ PREMISES WHICH RANDY E. VAN SCYOC. ETUX, BY INDENTURE 8EAR1NG EVEN DATE HEREWITH AND INTENDED TO BE FORTH- WITH RECORDEc AT THE OFFICE FOR THE RECDRDING OF DEEDS, AT CUMBERL~,ND COUNTY, PENNSYLVAN lA, GRANTED AND CONVEYED UNTO SAI D MORTGAGORS, [N FEE_ PARCEL #30-10-0616-0008. t.O ~ ,..1 o c: n ::0 ::; ~~ ~:: -0 rl1 ,".,;n ::a :;J ' : ;:,~ N :~ 0 U1 " , ::P , :3 ,... 0 '" :;~ U1 m which has the address of RD-5, RO)( 60 SPRINGFIELD RD NORTH NEWTOWN. PA 17267 TOGETHERWITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas 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 seized 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. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payments of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as Set forth in the Note and any late charges, an installment of any (a) taxes and'spf;Cial assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required by Paragraph 4. EXHIBIt:~ '~:(l; BoDK 97(1 PACE 425 PENNSYLVANIA FHA MORTGAGE MAl~.3jOI Page lor 4 (Ro!~. 11/89) - ~~'- , ,~ 'o'~ ,~'" ='n" "_0 '"'__I;' -_' " '" 'f Each monthly installment for items (a), (b) and (c) shall equal one.twelfth of the annual amounts, as reasonably estimated by Lender, plus an amount sufficient to maintain an additional balance of not more than one-sixth of the estimated amounts. The full annual amount for each item shall be accumulated by Lender within a period lilnding one)nonth before an item. would become delinquent. Lender shall hold'the amounts colIeeted in trust to pay items (a), (b) and (c) before they become delinquent. If at any time the total of the payments held by Lender for items (a), (b) and (c), together with the future monthly payments for such items payable to Lender prior 10 tbe due dates of such items, exceeds by more than one-sixth the estimated amount of payments required to pay such items when due, and if payments on the Note are current, then Lender shall either refund the excess OVer one-sixth of the estimated payments or credit the excess over one-sixth of the estimated payments to subsequent payments by Borrower, at the option of Borrower. If the total of the payments made by Borrower for item (a), (b) or (c) is insufficient to pay the item when due, then Borro,:,",er shaH pay 10 Lender any amount necessary to make up the deficiency on or before the date the item becomes due. As used in this Security Instrument, "Secretary" means the Secretary of Housing and Urban,Development or his or her designee. Most Security Instruments insured by the Secretary are insured under programs which require advance payment of the entire mortgage insurance premium. If this Security Instrument is or was insured under a program which did not require advance payment of the entire mortgage insurance premium, then each monthly payment shall also include either: (i) an installment of the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary. Each monthly installment of the mortgage insurance premium shall be in an amount sufficient to a9cumulate the full annual mortgage insurance premium with Lender one month prior to the date the full annual mortgage insurance premium is due to the Secretary, or if this ~rity Instrument is held by the Secretary, each monthly charge shall be in an amount equal to one.twelfth of one-half percent" of the outstanding principal balance due on the Note. _ " If Borrower tenders to Lender the full payment of all sums secured by this Security Instrument, Borrower's account shall be credited with the balance remaining for all installments for items (a), (b) and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (al, (b) and (c). 3. Application of Payments. All payments under Paragraphs I and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium, unless Borrower paid the entire mortgage insurance premium when this Security Instnunent was signed; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; " Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; Fifth, to late charges due under the Note. 4. Fire, Flood and OIlier l-lazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness lInder the Note and this Security Instrument, first to any delinquent amounts applied in the order in Paragraph 3, and then to prepayrilent of principal, or (b) to the restoration or repair of the damaged property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are refened to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower ,in and to insurance policies in force shall pass to the purchaser. 5. Preservation and Maintenance of the Property; Leaseholds. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the property if the property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned property. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Charges to Borrower and Protection of Lender's Rights in tbe Properly. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shaH promptly furnish to Lender receipts evidencing these payments. If-Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other 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 bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do ,and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of dis1;lursement, at the Note rate, and at the option of the Lender, shall be immediately due and payable. 7. 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 place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in Paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstandini indebtedness under the Note and this Security Instrument shall be paid [0 the entity legally entitled thereto. PENPlSYLVANIA FHA MORTGAGE Mr"-:..37qi Page 2 or 4 (Rev. 11/89) , ''', ':.1; d :'1 iOoK 974 PAGE 426 - " ,,-. -I" ""- " .d .-_ -:~, B. Fe~s. e Lender may collect fees and charges authorized by the Secretary. ~,:'.!'h Jt .' 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment of sums secured by this Security Instrument if: (i) Borrower det~11l1tS by failing to pay jn full any monthly payment required by this Security Instrument prior w or on the due date of the next monthly payment. or (ii) Borrower defaults by failing, fOf a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) .Sale Without Credit, Approval. Lender shall, with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property is sold or otherwise transferred (other than by devise. descent Or operation of law) by the Borrower, (ii) The sale or other transfer is pursuant to a contract of sale (or by deed, if there is no contract of sale) executed no later than 12 months (24 months if the Property is not the principal or secondary residence of the Borrower) after the date on which this Security Instrument is executed, and (Hi) The credit of the purchaser or grantee has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does.itolmjlivtt'.i~9.rights with respect.to'subsequent events. (d) Regulations of HUn Secretarj:7.1Q' n:ia~y 9ir~u1nstanc'es regulationS: issued by the Secretary will limit Lender's rights in the case of payment defaults to requi~ i~~,diate:paynient in full ana.foreClose if not paid. This Security Instrument does not authorize acceleration or foreclosure oif not permitted by'regulations of the Secretary. . '.' ..'. '. ' 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower'.s account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclOsure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower not Released; Forbearance by Lender not a WaIver. Exten'sion of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in imerest 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 original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does 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 this 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, modify, forbear or make any accommodations with regard to the term of this Security Instrument or the Note without that Borrower's consent. 13. Notic{'s. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by malling 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 designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this Paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the 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 of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. 16. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Propeny to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive aU rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower ,shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 16. Lender shall npt be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judiciaUy appointed receiver may do so aC any time chere is a breach. Any applicacion of rents shall not cure or waive any default or invalidate any other right or remedy of Lender, This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 17. Borrower agrees thal should this Security Instrument and the Note secured thereby not be eligible for insurance under the National Housing Act within sixty (60) days from the date hereof, Lender may, at i!s option and notwithstanding anything in Paragraph 9, require immediate payment in full of all s~ms secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to sixty (60) days from the date hereof" decIiningito insure this Security Instrument and the Note secured thereby, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. PENNSYLVANIA FHA MORTGAGE MAR-370l Page 3 of4 (Rev. 11/89) 800K 974 PAGE 427 ~~~ , CJ "-,,. -'I , ~. " :-,<, NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 18. Foreclosure Procedure. If Lender requires immediate payment In full under Paragraph 9, Lender may invoke the power of sale and any other remedies provided In this Paragraph 18, Including, but not limited to, reasonable attorneys' fees and costs of title evidence. 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. 1leinstatemenl 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. 21. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 22. Interest Rate After Judgment. Borrower agrees that the interest .rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Riders to this Security Instrumenl. If one or more riders are executed by Borrower and recorded together with this Security Instrument. the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the 1"ider(s) were in a part of this Security Instrument. SEE ATTACHeD ASSUMPTION R ER BY SIGNING BELOW, Borrower accep ,.and agrees to'the terms contained in this Security Instrument'and in any rider(s) executed by Borrower and recorded with i ;' i WfrN!'5~.fies that a true c:~.Y,~.f{he mortg~ge has been received. , / ---j---------"--t~~-----~--- \ / ____~~~---- ____________J j.. . {', .- ..-- J~f}I~1J;;;,;;;;--------m ~__s:z~_~ ~~~..L~.4_0 EILEEN A REIM-Borrower ----------------------------------- -8o~rower ----------------------------------- -Borrower PENNSYLVAN~A .COUNTY OF CU~8ERLAND On this 23rd day of April. 1990 . ;,-",',..before me, the subscriber: a Notary Public in and for the Commonwealth of Pennsylvania, residing in > .~:;~.~~"".:: .;. came the ~bove.named subscriber(s), I ,/' ,,' / ..,;~.:,.,..":''''l.~tq '.W JEFFREY A REIM, A~O EilEEN A REIM, HUSBAND/WIFE ./ ,/, ,:!, ::;:".'-l-, '.~ " /"/ o': '.-" ,., ,,' ,', .1i,~'. .'t.t and acknowledged the within indenture of Mortgage to be theit act and deed. and desired the.,s...~rrf~:tQ.~e:..~c.?r~.as;Stjclf fW: WITNESS my hand and seal. the day and year aforesaid. - ., ";;' .....',./ .;~ "f.: f.\:"Y , I"~ ;;;~!"~'...J~.~:\:" :~:'~l' n expir " ,.~:~>)~J,t."" COMMONWEALTH OF (ss: PENNSYLVANIA FHA MORTGAGE MAR.3701 Page 40f4 (Rev. 11/89) ,,' " f31:R'~b I'r~~ 'NGTAR~"IlD~~;~RRIIHURiI.' OAUPHIH CGUNTY. PENNSYLVANIA _My eorr.llth.IftD..'~p"" Jl:.P1' 10, 1.990 ~ ~ := ~ ~ f;il ..: z ~ f;il ~ ~ ~ .. ~ Z 0 > 0 (IJ ::!1 z 0 z ::!1 ::!1 f;il 0 ~ C,) d z z < S <j J:Z :i~ ..o'-' UJ~(l., "ZO ZZ,. O"'f- :;;o.Z :;;<-" 000 u u ~ BOOK,:;i 74 PAGE 128 .' . . .c "' - . I oJ ~ ~~~ ~ ~. .%~: ,::~' . .:. ' ,. I - ~~..g -.... l;~':{','.) - ""'. . 1 t!~~jl~(, g ~5~;'SJ'~ "...', !i3 ~V>(:,--..S'.~~~,.....~..""" Q ~. ti ~ " "Eo: "0;:" 8 8:>~ 5-g u.l ~.::.:;j ~ c:G 4.1 0 :>;:.. ';1'0 -S~ 5.g t cl!;' ". .,. '0. [, -- -, ~" <<,--, ~,. :1, "..-. FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In tlie event within a 3D-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 3D-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters. we will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. EXHIBIT L . -' -,_~I,i'.;' -- t \!i tf- ~. , I, \ VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. !4904 relating to unsworn falsifications to authorities, that he/she is of (Title) (Company) , plaintiff herei~, that he is duly authorized to make this Verification,. and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. I. r2t,~ . (Signa ure) ~ , --MiiMllllill \1 :~ :r I ..",,_ i ..........J ~lI""r.'-~~--lllJ ~lmfI~~~ ",~, . -- - ;, ,- J _ , . i ~ ~ () 0 0 c :;:0 -I'] ~ .1-1 :5: ,- 8 ,Crt. () -Or;' :1~ If ~ mr;-J "-"-~",, C) B Z:D 1'0 m~ zC'" () (j) 11:~~ "- C -<""'-:. ~ ~CJ v ...0 I ~() :!i;: 0 ~ ~c) ry ()rn "1J >c ~ "' ~ ~ N ~ p:::: -.! -< -... '"-..l) ~ I'; '~I.-l -- . , %: "':.~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-00396 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES ET AL VS REIM JEFFREY A ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORECLOS was served upon REIM EILEEN A the DEFENDANT , at 0011:09 HOURS, on the 27th day of January 2000 at 225 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 by handing to CAROLYN REIM (DAUGHTER) a true and attested copy of COMPLAINT - MORT FORECLOS together with NOTI CE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~~..~~I R. 'Thomas Kline' Sworn and Subscribed to before 01/28/2000 WELT:: WELNBji;d, ~ Deputy Sheriff me this 2.~ ct::: day of .1r..J,u....'l dAnri:> A.D. C)'-t:;;i(L ~'t~,~,~ rothonotary ...., -) CASE NO: 2000-00396 P SHERIFF'S RETURN - REGULAR - ~ , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES ET AL VS REIM JEFFREY A ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORECLOS was served upon REIM JEFFREY A the DEFENDANT , at 0011:09 HOURS, on the 27th day of January , 2000 at 225 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 CAROLYN REIM (DAUGHTER) by handing to a true and attested copy of COMPLAINT - MORT FORECLOS together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 Sworn and Subscribed to before me this ;L,('!::: day of j~d"l ;)~ A.D. ~a~~ rothonotary I SOr~~e R. Thomas Kline 01/28/2000 WELT:: WE:~~ ~) Deputy Sheriff ~ -""""- - I, _I~ u "-'," "'ij1 TAKIYA KELLER, PLAINTIFF VS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-2721 CIVIL TERM CHARGE: INDIRECT CRIMINAL CONTEMPT ROBERT LEE ANDERSON, JR. DEFENDANT PETITION #00-396 IN THE CASE OF ROBERT LEE ANDERSON. JR., UNDER PROBATION FROM THE CUMBERLAND COUNTY COURT OF COMMON PLEAS. PETITION FOR REVOCATION OF PROBATION To the Honorable Judge Edward E. Guido of Cumberland County Courts. WHEREAS, the defendant was sentenced on 10/25/00 on the above captioned charge to undergo 6 months supervised probation with special conditions, including that he not be within 500 feet of the plaintiff. WHEREAS, the defendant violated probation for the following reason: (A) On 11/13/00, the defendant was observed on Bretz Avenue in the Carlisle Borough, within 500 feet of the victim. THEREFORE your petitioner prays this Honorable Court to determine whether there has been a probation violation and if so, whether the probation heretofore granted should be revoked. I veTify that the facts set forth in this petition are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of section 4904 of the Crimes Code (18 PA C.S. @4904) relating to unsworn falsification to authorities. R:;:2~ L. Bruce Altho~e, Petitioner lil~"""""-~_~iOl;.~"""~'~"~~~IlilIil_~~__fil~~~!liiIi ,~, ul:": ~~t ---;::r"<'- U)\-. E~ t~~- ft::; .J> (....::.. Z -, -< () c- ,=, :::::; <:; _.~, ,"-) );:2 :.0 -< r::- en ~ - - , , " l,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AURORA LOAN SERVICES, Plaintiff No.: 00-396 vs, TYPE OF PLEADING: JEFFREY A. REIM and EILEEN A. REIM, PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE Defendants. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co" L,PA 2718 Koppers Building 436 yth Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#01793095 <" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AURORA LOAN SERVICES, Plaintiff No.: 00-396 vs. JEFFREY A. REIM and EILEEN A. REIM, Defendants PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE PROTHONOTARY: Kindly settle and discontinue the above-captioned matter and mark the docket accordingly. Respectfully submitted: Weltman, Weinberg & Reis Co., L.PA By: Kimberly J. Hong Weltman, Weinberg & Reis Co., LP.A. 2718 Koppers Building 436 th Avenue Pittsburgh, PA 15219 (412) 434-7955 I NOTARIAL SEAL JANGELA M, SCHOFIELD, NOTARY PUBLIC j CITY OF PITISBURGH, ALLEGHENY COUNTY i MY COMMISSION EXPIRES MARCH 8, 2006 ilII___"'~"~UI~'~~iilI~~~~~,''',J4>:!OI"~~'~.llllt.~-,......",, .~ .~, ~, " " , t.<!.ll_~.l~ ,~ r' 0 r...;, (j C ~..J<-.' " S u') ""00:.1 ('1 rflfT: ..~ 2.-f' v Zr"; SQ~~.. G::; .. - ~c..; "-0 -----;:""1 >1' -" '~~~7[ 2.<'" r::-- :PC --t ~ ~r'_ :0 c.::; '-< .