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HomeMy WebLinkAbout97-01087 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORWEST MORTGAGE INC. NO.: q 7 ' / D J 7 (l~~ Plaintiff, vs, TYPE OF PLEADING KENNETH A. SUCCA and DENISE L. SUCCA, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants, FILED ON BEHALF OF: Norwest Mortgage Inc. Plaintiff, TO: DEFENDANT YOU ARE HEREBY NOTIFIED TO PI.F 0\0 TO TilE ENCLOSED COMPLAINT WlnllN TWENTY (20) DAYS FROM SERVICE HEREOF OR ^ DEFAULT JUOOMENT ~"- 1 IIEREBY CERTIFY THAT TIlE ADDRESS OF TilE PLAINTIFF IS: 40S SW Slh Stml Des Moines. IA 50)28 AND TIlE DEFENDANT: COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa, 1.0, #55650 O'KEEFE, GRENEN & BIRSIC, P.C, 4076 Market Street Suite 210 Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF (717) 975.3379 CERTIFICATE OF I.Ot'ATlON IIIEREBY ('(iRTIFY TI1A T TilE LOCATION OF TilE REAl. ESTATE AFFECTED BY TillS l.IEN IS 1J3S'~AI702S BY., , ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORWEST MORTGAGE INC. CIVIL DIVISION Plaintiff, NO.: vs. KENNETH A. SUCCA and DENISE L. SUCCA, Defendants. NOTICE TO DEFEND You have been sued in court, I f you wish to defend against the claim 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 pcrsonally or by attorncy and filing in writing with the court your defenses or objections to the claims sct forth against you, You are warned that if you fail to do so the case may proceed without you and a judgmcnt may bc entcred against you by the court without further notice for any money claimed in thc complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or othcr rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU SHOULD 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 Court Administrator 4th Fl., Cumherland County Courthouse Carlisle, PA 17013 Phone (717) 240-6200 , t , i , 3003p~,6 " .. rHAN-0350-1 M11ltistate NOTE FilA Ca.. NQ, 441-4980719 MARCH 07, 1995 10"'1 133 S, ENOLA ORXVE, ENOLA. PA 17025 IProp<ny Addr"'l 1. PARTIES "Borrower" means each person signing allhe end of this NOle, and the person's successors and assigns, "Lender" means NORWEST MORTGAGE. XNC. and ils successors and assigns, 2, BORROWER'S PROMISE TO PA Y; INTEREST In return for a loan received from Lender, Borrower promises to pay Ihe principal sum ofSXXTY THOUSAND EXGHT HUNDRED SXXTY EXGRT AND 00/100 ONE f , Dollars (U,S, S .... *61,868.00 ), 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 TIlN AND ONE-HALl!' per cenl ( 10.500 %) 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 mongage, deed of trust or similar security instrument that is daled the same date as lhis Note and called lhe "Security Instrumcnl," That Security InSlrument 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 APRXL 1ST . 1995 , Any principal and interest remaining on lhe first day of HARCH 2025 , will be due on that date. which is called the "MalurilY Date," (8) Place Paymenl shall be made at NORWEST MORTGAGE INC.., P.O. BOX 5137, DES KOXNES, XA 503065137 or at such olher place as Lender may designate in wriling by notice to Borrower, (C) Amount Each monthly payment of principal and intcresl will be in the amounl of S *....... 565.94 , This amount will be pan of a larger monthly payment reqoired by lhe Security Instrumenl, lhal shall be applied 10 principal, interesl and olher ilems in the order described in the SecurilY Inmument, (D) Allonge to this Note for payment adjustments If an allonge providing for paymenl adjustments is execuled by Borrower togelher with lhis Note, the covenants of lhe allonge shall be incorporated into and shall amend and supplement the covenants of this NOle as if the allonge were a pan of this NOle, [Check applicable box) DGradualed Paymelll Allonge DGrowing EquilY Allonge DOther [speeifYI 5, nORROWER'S RIGIIT TO PREPAY Borrower has lhe right 10 pay the debl evidenced by this Note, in whole or in pan, wilhoot charge or penalty, on the firsl day of any month, ~ .1R 19103102 .. PlQll012 \/MP MOATQAOE fORMS .110011121.7291 FIlA Multbtale FIll.d Ral~,N~ InIlt.~ ~ l'llI\~-UJ.U-' I 6. 1I0011tOWEIt'S FAILURE TO I'A Y (AI I.lIlc Chorge fOl' Overdue ('nymellts If Lender hou nol received Ihe filII momhly paymem required by Ihe Securily IIISIlumem, as described In Paragraph 4(Cl of Ihis NOle by Ihe end of fifleen calendar days afler Ihe payment is due, Lender may collect a laic charge In lhe amount of FOUR per cem ( 4,000 %) of Ihe overdue amount of each paymenl. (II) Ilefllult If Dorrower defauils by failillg 10 pay in full any momhly payment, Ihen Lender may, except as Iimiled by regulallons or Ihe Secrelary III Ihe case of paymellt defauils, require immediale paymellt in full of lhe principal balance remaining due and all accrued i1ueresl. Lellder may ehoose 1101 10 exercise Ihis oplion wilhoul waivillg ils righls in lhe evem of any subsequent derallil, III mallY circumslances regulllliolls isslled by Ihe Secrelary will limil Lellder's righls 10 require immedlale payment In 1'1111 illlhe case uf paymelll defaulls, This Nole does 1101 aUlhorizc acceleralion when 1101 permilled by IlUD regulalions, As used inlhis NOle, "Secrclnry" me,ms Ihe Secrelary or 1I0using and Urban Developmenl or his or her desigllee, (C) 1'1I)'lIIeol uf Cusls nnd Expenses II' Lender has required immcdiale paymenl in rull, as described above, Lender may require Dorrower 10 pay coslS and expenses including reasonable and cuslOlllary allurneys' fees ror enforcing Ihis NOle, Such rces and eoSlS shall bear inlerest rrom lhe dale or dishursemenl allhe same rale as Ihe principal of lhis NOle, 7, WAIVEltS Dorrower and any olher persall who has obligalions under this NOle waive the righls of presenlmenl and nolice of dishonor, "Presenlmem" means Ihe righllo require Lender 10 demand payment of amounlS due, "Noliee of disho~or" means Ihe righllo require Lender 10 give nOlice 10 olher persons Ihal amoums due have nol been paid, r I 8, GIVING 01' NOTICES Unless applicable law requires a dirrerem melhod, any 1I0lice Ihal must be given 10 Dorrower under lhis Nole will be given by delivering il or hy mailing il by nrsl class mail 10 Dorrower al Ihe properly address above or al a dirferenl address if Borrower has given Lender a nOlice of Borrower's differenl address, Any no lice lhalmust be given to Lender under this NOle will be given by nISI class mail 10 Lender althe address slaled in Paragraph 4(B) or al a dirferenl address if Borrower is given a nOlice of Ihal differenl address, 9. 011 LIGATIONS 011 PERSONS UNDER TillS NOTE If more lhan one persoll signs Ihis NOle, each person is rully and personally obligaled 10 keep all of Ihe promises made in Ihis NOle, including lhe promise 10 pay the full amounl owed, Any person who is a guaranlor, surelY or endol'er of Ibis Nole is olso obligaled to do Ihese Ihings, Any person who lakes over Ihese obligations, including Ihe obligalions of a guaranlor, surely or endorser or Ihis NOle, is also obligaled 10 keep all or lhe promises made in Ihis NOle, Lender moy ell force ils righls under Ihis Nole againsl each person illdividually or agoinsl oil signalaries logelher. Any olle persoll siglling Ihis NOle may be required 10 pay all or Ihe amounls owed IInder Ihis NOle, sand ogrees 10 Ihe lerms ond covenonlS cOluoined in Ihis NOle. WITHOl1T'RECOVRSE ~l1U IIII:UlIIltl1a: \ \ (''"''~'''~~ ,IJII""'''' OplP ' (Seal) \. .Ullrrllwcr/ - (Seo\) .Uuuuwcr (Seol) .nllUllwcr 0.1"I910lI01 .. ",g. 2 01 J ," TOGETHER WITH all Ihe improvements now or hereaner erected on the propeny, and all casements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profils, wlter righls and stock and alllixtures now or hereafter a part of the property, All replacemenls and additions shall also be covered by this Sccurily Instrumenl. All of Ihe fore80ing is referred to in Ihis SecurilY Inslrumenl as the "Property," BORROWER COVENANTS Ihat Borrower is lawfully seised of Ihe estate hereby conveyed and has the right to mongage, granl and convey Ihe Property and that the Property is unencumbered, excepl for encumbrances of record, Borrower warrants and will defend generally Ihe tille 10 Ihe Property against all claims and demands, subject 10 any encumbrances of record, I, Payment of Principal, [nlrrest and Laic Charge. Borrower shall pay when due the principal of, and inlerest on, the debl evidenced by the Notc and late charges due under Ihe Note, 2. Monthly I'aymenls of Taxes, Insurance and Other Charges, Borrower shall include in each monthly payment, togelher whh Ihe principal and intereSI as sel forth in the NOle and any late charges, an inSlallment of any (a) taxes and special assessmcnts levied or to be levied againsl Ihc Propcrty, (b) leasehold paymenls or ground rents on the Property, and (c) premiums for insurance rcquired by paragraph 4, 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 suflicientto maintain an additional balance of nol more than one-sixth of the estimated tOUnIS- The full annual amount for each hem shall be accumulaled by Lender wilhin a period ending one month before an hem would become delinquent, Lender shall hold Ihe amounts collected in trust to pay hems (a), (b), and (c) before t ey become delinquent, If at any time the tOlal of the payments held by Lender for hems (a), (b), and (c), together with the future monthly payments for such items payable 10 Lender prior to the due dales of such hems, exceeds by more than one-sixth the eslimated amount of payments required to pay such hems when due, and if payments on the Note arc current, then lender shall ehher refund the excess over one-sixlh of the estimaled payments or credh Ihe excess over one-sixth of the estimated payments to subsequenl payments by Borrower, althe option of Borrower, If the 10lal of Ihe payments made by Borrower for hem (a), (b), or (c) is insuflicient 10 pay the hem when due, then Borrower shall pay 10 Lender any amount necessary to make up Ihe deficiency on or before the dale Ihe item becomes due, As used in Ihis Securhy Instrument, "Secrelary" means the Secretary of Housing and Urban Development or his or her designee, In any year in which Ihe Lender musI pay a mongage insurance premium to Ihe Secrelary (or any year in which such premium would have been required if Ihe Lender slill held Ihe Securhy [nslrumenl), each monlhly payment shall also include either: (i) an installment of the annual mortgage insurance premium to be paid by Lender 10 the Secretary, or (ii) a monthly charge instead of a morlgage insurance premium if Ihis Securily Instrument is held by the Secretary, Each monthly installment of the mongage insurance premium shall be in an amount suflicient to accumulate the full annual mongage insurance premium with Lender one month prior to the date the full annual mortgage insurance premium is due 10 the Secrelary, or if this Securhy 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 NOle, If Borrowcr tenders to lender the full payment of all sums secured by this Security Inslrument, Borrower's account shall be credited whh the balance remaining for all installments for ilems (a), (b), and (e) and any mortgage insurance premium installmentlhat Lender has not become obligated to pay 10 Ihe Secretary, and Lender shall promptly refund any excess funds 10 Dorrowcr. Immediately prior to a foreclosure sale of the ProperlY or ils acquisilion by lender, Borrower's account shall be credited wilh any balance remaining for all installments for ilems (a), (b), and (c), 3, Application of Payments, All payments under paragraphs I and 2 shall be applied by lender as follows: First, 10 Ihe mortgage insurance premium 10 be paid by lender to Ihe Secretary or 10 the monthly charge by Ihc Secretary instead of Ihe monthly mortgage insurance premium; Second, to any laxes, special assessments, leasehold payments or ground rents, and lire, nood and other hazard insurance premiums, as required; Third, to inleresl due under the NOle; Founh, to amortization of Ihe principal of the NOle; Fifth, 10 laIC charges due under the NOle, G -4RIPA1192121 01 .. P~.2 oIl ~ PlCE A.,O : eooK 1255 .... 4, P;re, Flood and Other Hazard Insurance, Borrower shall insure all improvements on the Properly, whether now in existence or subsequently erected, against any hazards, casualtles, and contingencies, including fire, for which Lender requires insurance, This insurance shall be maintained in the amounts and for the periods that Lender require.!, 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 10 Lender jointly, All or any pari of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and Ihis Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of Ihe damaged Property, Any application of Ihe proceeds to the principal shall not extend or postpone the due date of the monthly payments which arc referred 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 Properly that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser't 5, Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the ProperlY as Borrower's principal residence for at least one year afler the date of occupancy, unless the Secretary determines this requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which arc beyond Borrower's control. Borrower shall notify Lender of any eXlenuating circumstances, Borrower shall not commit waste or destroy, damage or substantially change the Property o~ allow the Property to deteriorate, reasonable wear and tear excepted, Lender may inspect the Property if the ProperlY is vacant or abandoned or the loan is in default, Lender may take reasonable action to protect and preserve such vacant or abandoned Property, Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the ProperlY as a principal residence, 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 the Property. Borrower shall pay all governmemal 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 shall promptly furnish to Lender receipts evidencing these payments, If Borrower fails to make these paymenls or the payments required by paragraph 2, or fails to perform any other covenants aod agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in Ihe Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whalever is necessary 10 protect the value of the Property and lender's righls in the Property, including payment of laxes, hazard insurance and olher items memioned in paragraph 2, Any amounts disbursed by Lender under this paragraph shall become an additional debl of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the dale of disbursement, atlhe Note rate, and at the option of Lender, shall be immediately due and payable, 7, Condemnution. The proceeds or any award or claim ror damages. direct or cOllsequemial, in conneclion with any condelnnation or other taking of any pan of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to lender 10 the extem of the full amount of the indebtedness that remains unpaid under the Note and this Securily Instrument. lender shall apply such proceeds to the reduclion of the indebtedness under the Note and this Securily Instrumem, Iirst to any delinquent amounls applied in the order provided in paragraph 3, and then to prepayment of principal. Any applicalion of the proceeds to the principal shall not extend or postpone the due dale uf the monthly payments:....w~ cD..,4RlPAI."",o, P"'h'., "'~' BOlm 12!)!) PACE 4-7t referred 10 \n paragraph 2, or change the amoum of such paymems, Any exccss proceeds over an'amount required to pay all outstanding indebledness under the Note and this Security In.!trumem shall be paid 10 the emity legally enthled therelo, 8. Fees, Lender may collect fees and charges aUlhorized by the Secrelary, 9, Grounds for Acceleration of Debt, (a) Default. Lender may, except as limited by regulalions issued by lhe Secrelary in the case of payment defaulls, require immediale payment in full of all sums secured by this Security Inslrumenl if: (i) Borrower defaulls by failing to pay in full any momhly paymem required by Ihis Security Inslrumem prior 10 or on lhe due dale of the next momhly paymenl, or (ii) Borrower defaulls by failing, for a period of lhiny days, to perform any other obligalions comained in lhis Security Inslrumenl. (b) Sale Without Credit Approval. Lender shall, if permilled by applicable law and with the prior approval of the Secrelary, require immediale payment in full of all sums secured by Ihis Security Inslrumem if: (i) All or part of Ihe Propeny, or a beneficial inlerest in a trust owning all or pan of lhe Propeny, is sold or olherwise transferred (olher than by devise or descent) by the Borrower, and (il) The Propeny is nol occupied by the purchaser or grantee as his or her principal reside"fC' or the purchaser or granlee does so occupy Ihe Propeny but his or her credil has nol been approved in accord;ufce with the requirements of the Secrelary, I (c) No Waiver. If circumslances occur lhal would permil Lender 10 require immediale paymem in full, but Lender docs not require such payments, Lender does not waive its righls with respeclto subsequenl evems, (d) Regulations of HUn Secretary, In many circumslances regulalions issued by Ihe Secrelary will limit Lender's rights in lhe case of payment defaulls 10 require immediale payment in full and foreclose if not paid, This Security Instrument does not authorize acceleration or foreclosure if not pennilled by regulation.! of lhe Secretary, (e) Mongage Not Insured, Borrower agrees Ihat should lhis Security Instrument and Ihe NOle secured thereby nol be eligible for insurance under lhe Nalional Housing Act within 60 days from the dale hereof, Lender may, at its oplion and nOlwithslanding anYlhing in paragraph 9, require immediale payment in full of all sums secured by this Security Inslrument, A wrillen slalemem of any aUlhorized agent of the Secrelary dated subsequent 10 60 days from the dale hereof, declining 10 insure this Securily Inslrument and the NOle secured Ihereby, shall be deemed conclusive proof of such ineligibility, NOlwithslanding lhe foregoing, this oplion may not be exercised by Lender when the unavailability of insurance is solely due 10 Lender's failure 10 remit a man gage insurance premium 10 Ihe Secretary, 10. Reinstatement. Borrower has a right 10 be reinSlaled if Lender has required immediale payment in full because of Borrower's failure to pay an amount due under lhe NOle or Ihis Security Instrumenl. This righl applies even afle: foreclosure proceedings are inslituled, To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounlS required to bring Borrower's account current including, 10 lhe exlent they are obligations of Borrower under Ihis Security Instrument, foreclosure costs and reasonable and cuslomary allomeys' fees and expenses properly associaled with the foreclosure proceeding, Upon reinslalement by Borrower, Ihis Security Instrumenl and the obligalions Ihat il secures shall remain in effecl as if Lender had nol required immediate paymem in full. However, Lender is nOl required to permit reinslalement if: (i) Lender has accepled reinslalemenl afler Ihe commencement of foreclosure proceedings wilhin lwo years immedialely preceding the commencement of a current foreclosure proceeding, (ii) reinstalemem will preclude foreclosure on different grounds in the fUlure, or (ili) reinslalement will adversely affecllhe priorily of the lien crealed by this SecurilY Inslrument, II. Borrower Not Released; Forbearance \ly Lender Not a Waiver, EXlension of lhe lime of payment or modificalion of amonizalion of lhe sums secured by lhis Securily Inslrument granled by Lender 10 any successor in inlereSl of Borrower shall nOl operale 10 release lhe liabilily uf Ihe original Borrower or Borrower's successur in interesl. Lender shall nOI be required to commence proceedings against any successor in imerest or refuse 10 ex lend lime for payment or otherwise modify amonizalion of Ihe sums secured by this Security Inslrumenl by reason of any demand made by lhe original Borrower or Borrower's successors in inleresl. 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, cD -4R(PAI192121 01 .. Ptg." 0111 ~ . eOo~t25~ PACE 4.i2 12. Sm:cessOl'5 and AsslglI5 Dound; Jolnl and Several L1ablllly; Co,Slgnen, The covenants and agreellltnts of this Security Instrument shall bind and benefil the successors and assigns of Lender and Borrower, subject 10 the provisions of paraguph 9,b, Borrower's covenanls and agreements shall be Jolnl and several, Any Borrower who co'slgns this Securily Inslrument but docs not e~ecule the Note: (a) Is co. signing this Security Il15trumenl only to mongage, grant and convey that Borrower's Interest in Ihe ProperlY under Ihe lerms of Ihis Security Instrument; (b) Is not personally obligated to pay the sums secured by Ihis Security Instrument; and (c) agrees thai Lender and any olher Borrower may agree to extend, modify, forbear or make any accommodalions with regard to Ihe lerms of this Security Instrument or the NOle wilhoul Ihal Borrower's consenl. 13. Notices. Any nOllce 10 Borrower provided for in Ihis Security Inslrument shall be given by delivering it or by mailing It by fim class mail unless applicable law requires use of anolher melhod, The notice shall be direCled 10 Ihe Propeny Address or any olher address Borrower designates by no lice 10 Lender, Any nOlice 10 Lender shall be given by fim class mail to Lender's address slated herein or any address Lender designales by nOlice to Borrower, Any notice provided for In this SecurilY Inslrument shall be deemed to have been given 10 Borrower or Lender when given as provided in Ihis paragraph, 14. Governing Law; Severability, This Security Inslrumenl shall be governed by federal law and Ihe law of Ihe jurisdiction in which the Propeny is local cd, In Ihe event Ihat any provision or clause of Ihis Security Instrumen! or Ihe NOle connicls with applicable law, such connicl shall not afrect olher provisions of this Security Inslrument or Ihe Note which can be given effcct withoul the conflicling provision, To this end Ihe provisiolU of this Security Instrument and the Note arc declared 10 be severable, IS. Borrower's Copy, Borrower shall be given one conformed copy of Ihis Security Instrument, , I 16. Asslgnmenl of Rents, Borrower uncondilionally assigns and transfers to Lender all Ihe rents and revenues of the Propeny, Borrower aUlhorizes Lender or Lender's agents 10 collectlhe rents and revenues and hereby directs each tenant of Ibe Propeny 10 pay the rents 10 Lender or Lender's agents, However, prior 10 Lender's nOlice 10 Borrower of Borrower's breach of any covenanl or agreement in Ihe Security Instrument, Borrower shall collect and receive all rents and revenues of the Propeny as lrustee for the benefit of Lender and Borrower, This assignment of rents conslitules an absolute assignment and not an assignment for additional security only, If Lender gives nOlice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefil of Lender only, 10 be applied 10 Ihe sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of Ihe rents of the Properly; and (c) each lenanl of Ihe Propeny shall pay all rents due and unpaid to Lender or Lender's agent on Lender's wrinen demand to Ihe lenanl. Borrower has not e~eculed any prior assignment of the rents and has not and will nOI perform any acl that would prevenl Lender from e~ercising ils righls under this paragraph 16, Lender shall nol be required 10 enter upon, lake conlrol of or maintain Ihe Propeny before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time Ihere is a breach, Any application of rents shall nOI cure or waive any default or invalidale any olher righl or remedy of Lender, This assignment of rents of Ihe Propeny shalllerminale when the debt secured by the Security Inslrumen! is paid in full. NON.UNIFORM COVENANTS, Borrower and Lender funher covenant and agree as follows: 17, Foreclosure Procedure. If Lender requires Immedlale paymenlln full under paragraph 9, Lender may foreclose Ihls Security Instrumenl by judicial proceeding, Lender shall be enlltled 10 eollect all expenses Incurred In pursuing Ihe remedies provided Inlhls paragraph 17, Including, bul nol limited 10, alloroeys' fecs and cosls of title evidence. 18, Release, Upon payment or all sums secured by Ihis Security Inslrumen!, Ihis Security Instrument and Ihe eslate convcyed shall lerminale and become void, Arter such occurrence, Lender shall discharge and satisfy this Security Inslrument without charge to Burrower. Borrower shall pay any recordation COSlS, 19, Waivers, Borrower,to Ihe extent permilled by applicable law, waives and releases any error ordefccts in proceedings 10 enrorce Ihis Security Instrument, and hereby waives Ihe benefit of any present or future laws providing for Slay of e~ecution, e~lension or lime, e~emplion from allachmenl, levy and sale, and homeslead exemption, . .4RIPA1192121 01 ~ Plge & ul e ~ ~ooi 1~55 PlCE 4-i3 , , l/\.'[(. q./y{l. {hlYj (~/~ dL~lJ.-ell rp f-Jj' I' ~lLH ~ ~ - ,- ~\c) \n C' u~ , ~' (. i!: 1.1' ~ ~ u/-. ':..) c' ,,' : : ~I " lL. ~ I " L~ . "-. ,:j l) , ,,-) ~ & c>' (t' " ('(\, ,J L~ ',' ' l"J -...9 I~ . 'r,j "r'l LJ.' u ~U. ~ r-- I' ..... . ...... ~ \;: 11. 1- .:.1 U '" U ~ ~ ~~~ . . .- . I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOR WEST MORTGAGE INC. CIVIL DIVISION Plainti ff, NO.: vs. KENNETH A, SUCCA and DENISE L. SUCCA, Defcndants. A VISO USTED HA SIOO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas quc se presentan mas adclante en las siguicntcs paginas, debe tomar accion dcntro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y A vi so radicando pcrsonalmcntc 0 por medio de un abogado una compcrencencia escrita y redicanco en la COUlie por escrito sus dcfensas de, y objecciones a, los demandas prescntadas aqui cn contra suya, Se Ie advierte de que si usted falla dc tomar accion como sc describe anteriormente, el caso puede proceder sin ustcd y un fallo por cualquier suma dc dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remcdio solicitado por el demandante puede ser dictado en contra suya por ]a Corte sin mas aviso adicional. Usted puede perder dincro 0 propieded u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDlA T AMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME A VA Y A A LA SIGUEINTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Court Administrator 4th Fl., Cumberland County Courthouse Carlisle, PA 17013 Phone (717) 240-6200 "B", attached hereto and made a part hcreof. 5. Defendants are the record and rcal owners of thc aforcsaid mortgaged premises. 6. Dcfendants are in dcfault undcr the tcnns ofthc aforcsaid Mortgage and Note for. inter alia, failure to pay the monthly installmcnts of principal and intcrest when due. 7. On or about Novcmbcr 22, 1996, Dcfcndants wcre mailed Notice of Homeowner's Emergcncy Mortgage Assistancc Act of 1983, in compliancc with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, 8. On or about November 22, 1996, Defendants were mailed Notices ofIntention to Foreclose Mortgage in compliance with Act 6 of 1974,41 P.S, ~IOI, et seq. 9. The amount due and owing PlaintifTby Defendants is as follows: Principal Interest through 2/15/97 Escrow Advances Late Charges Reserve Other Fees and Costs Attomey's Fees & Costs (Bankruptcy) Attomey's Fees (Foreclosure) Title Search and Costs (Foreclosure) TOTAL $61,419.30 $ 3,493,23 $ 28.66 $ 81.68 $ (320,04) $ 48,25 $ 652.50 $ 800.00 $ 2.500,00 568,703,58 plus interest on the principal sum ($61.419,30) from February IS, 1997, at the rate of $17.91 per diem, plus additional late charges. and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. 10039~,5 rHAK.0350-1 , , ( MJJltlstate NOTE PHA (ll.. No, 441-4980719 HARCH 07, 1995 10'''1 133 S. KNOLA DRIVK, ENOLA, PA 17025 IPropenr Addrclll I. PARTIES "Borrower" means each person signing allhe end of lhis NOle, and Ihe person's successors and assigns. "Lender" means NORWEST MORTGAGE, INC. and lis successors and assigns, 2, nORROWER'S PROMISE TO PA V; INTEREST In relum for a loan received from Lender, Borrower promises 10 pay the principal sum of SIXTY THOUSAND KIGHT HUNDRKD SIXTY KIGHT AND 00/100 OHII , , Dollars (U,S, S .....51.858.00 ), plus interest, 10 the order of Lender, Inlerest will be charged on unpaid principal, from lhe dale of disbursemeDl of the loan proceeds by Lender, at the rale of TKN AND OHII.HALP per cenl ( 10.500 %) per year until the full amoum of principal has been paid. 3. PROMISE TO PA V SECURED Borrower's promise to pay is secured by a mortgage, deed of lruSI or similar security inslrumemthat is dated the same dale as this Note and called lhe "Security Inslrument," That Security Inslrumem prolects the Lender from losses which mighl result if Borrower defaults under Ihis NOle, 4, MANNER OF PA VMENT (A) Time Borrower shall make a paymenl of principal and imeresl to Lender on Ihe firsl day of each month bcgiMing on APRIL 1ST , 1995 , Any principal and imeresl remaining on Ihe firsl day of MARCH 2025 . will be due on Ihal dale, which is called lhe 'Maturity Dale,' (B) Place Payment shall be made at NORWKST MORTGAGK INC." P.O. BOX 5137, OKS MOIHIIS, IA 503055137 or at such olher place as Lender may designale in writing by nOlice 10 Borrower, (C) Amounl Each monlhly paymeDl of principal and iDleresl will be in Ihe amouDl of S ........ 5 55 . 94 , This amouDl will be pari of a larger mODlhly paymenl required by Ihe Security InslrumeDl, Ihal shall be applied to principal. iDleresl and Glher ilems in Ihe order described in lhe Securily InslrumeDl, (D) Allonge 10 this Note for payment adjwtments If an allonge providing for payment adjuslmeDls is execuled by Borrower logelher wilh Ihis NOle, Ihe covenanlS of Ihe allonge shall be incorporaled iDlo and shall amend and supplementlhe covenanls of this Note as if lhe allonge were. pan of Ihis NOle, (Check applicable box] OGradualed Paymenl Allonge OGrowing EqullY Allonge OOlher (specify] 5, nORROWER'S RIGHT TO PREPA V Borrower has Ihe rlghllo pay Ihe debl evidenced by this NOle, in whole or in pan, withoul charge or penalty, on the firsl day of any monlh, ~.1Rlll03102 '.1012 v..., MOftTQ"'Qf '0""1-110011:1'.7211 FHA MuItlollll ""ad Rall~" -, , - ~ vuJ.:IJ.1.t I'I"'~'UJ,U" 6, '1I0IUlOWEIl'S "AILUIlE TO I'A Y (A) I.nle Chal'!:e fUI' Overdue l'nYlllellls Ir Lender hns nul received the rllll monthly paYlllelll required by Ihe Security Inslrumenl, as described In Paragraph 4(CI nf lhis NOle hy Ihe end of fifleen calendar days afler Ihe payment is due, Lender may collect a lale charge in lhe amounl of FOUR per cenl ( 4.000 ") of Ihe overdue amounl of each payment. (II) l>efllull If Oonower defaulls by failing 10 pay in full aoy monthly payment, Ihen Lender may, excepl as limited by regulalions uf Ihc Secrelary in Ihe case of paYlllelll defauUs, require immediale paymeol in full of Ihe principal balance remaining due and all lIccrucd inlcresl. Lender may choose 1101 10 exercise Ihis opllon wilhoul waiving lis righls in Ihe evelll of nny subsequenl derallll. III lIlany circumslances regulaliulls isslled by Ihe Secrelary will limit Lender's righls 10 require illlllledlale paymenl in filII inlhe case of paymelll defaulls, This NOle does nOl aUlhorize accelerKllon when nol permilled by BUD regulallons, As used inlhis Nllle, "Secrelary" lIle;IIlS Ihe Secrelary of 1I0usillg and Urban Develop men I or his or her designee, (C) l'II)'lIIenl uf Cusls nlld Expenses If Lcnder has requircd immediale paymenl in full, as described above, Lender lIlay require Borrower 10 pay COSls and expenses including reasonable and cuslolllary alluroeys' fees for enforcing lhis NOle, Such fces and COSIS shnll bear inleresl from Ihe dOle of dishllrselllcnl allhe sallle Wle as Ihe principal or Ihis NOle, ( 7, WAIVEIlS Borrower and any olher person who has obligalions under lhis NOle waive Ihe righls of presenlment and nOlice of dishonor, "Presentmenl" means lhe righllo require Lender 10 demand paymenl of amounts due, "Noliee of dishogor" means Ihe righllo require Lender 10 give nOlice 10 olher persons Ihal allloullls due have nOl been paid, r , 8, GIVING 01' NOTICES Unless applicable law requires a different lIlelhod, any nOlice Ihal musl be given 10 Borrower under Ihis NOle will be given by delivering it or hy mailing it by firsl class mail 10 Borrower at Ihe properly addre5s above or al a different address if Borrower has given Lender a notice of Borrower's differelll addre5s, Any no lice Ihal mUSl be given 10 Lender under Ihis NOle will be given by firsl class mail 10 Lender al lhe addre5s slated in Parngraph 4(B) or 01 a different address if Borrower is given a nolice of Ihal different address, 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more lhan one person signs lhis Note, each person is folly nnd personally obligaled 10 keep all of Ihe promise5 made in Ihis Nnle, including lhe promise 10 pay Ihe full amount owed, Any person who is a guaranlor, surety or endor.er of Ihis Note is also obligated 10 do Ihese things, Any person who lakes over Ihese obligalions. including Ihe obligations of a guarantor, surely or endorser of lhis NOle, is also obligated 10 keep 011 of lhe promises made in Ihis NOle, Lender may enforce ils rlghls under Ihis NOle against each person individually or againsl all signalories logelher. Anyone person signing Ihis NOle may be required 10 pay 011 of Ihe alllounts owed under Ihis NOle, s and agrees 10 Ihe lerms and eovenanlS eOnlained in this NOle. (Seal) (Seal) .nllUuwcr ,Uuuuwcr WITHOUT RECOURSE (Seal) "" I U I HI: U1WtH OF \ (Sea\) , .llllffll\YCf .lIurrUW':f ~.1R 11.0:1102 '.ge2012 TOUETHER WITH all Ihe improvements now or hereafler erected on Ibe property,' and JlI euemenls, riahtl, appurlenances, rents, royahies, mineral, oil and gu righls and profits, waler rights and stock and all fixlures now or hereafter a part of Ihe properly, All replacernents and additions shall also be covered by'lhis Security InSlrument, All of Ihe foregoing is referred 10 inlhis SecurilY Inslrument as the "Property," BORROWER COVENANTS Ihal Borrower is lawfully seised of Ihe eslale hereby conveyed and has the right 10 mortgage, granl llI\d convey Ihe Property and Ihat Ihe Property is unencumbered, excepl for encumbrlll\ces of record, Borrower warrants and will defend generally Ihe lille 10 Ihe Propeny againSl all claims llI\d demands, subjecllo any encumbrlll\ces of record, I. Payment of Principal, Inlerest and Late Charge, Borrower shall pay when due Ihe principal of, and interesl on, Ihe debt eyidenced by Ihe NOle and laic charges due under the NOle, 2. Monthly I'ayments of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, logether wilh Ihe prinCipal and intereS! as set rorth in the NOle and any laiC charges, an inSlallment or any (a) laxes llI\d special assess me Ills leyied or 10 be leyied against Ihe Propeny, (b) leasehold payments or ground renls on the Propeny, and (c) premiums for insurance required by paragraph 4, Each mOlllhly inslallment for items (a), (b), and (c) shall equal one-twelfth of Ihe annual amounts, as reasonably estimaled by Lender, plus an amount sufficient to mailllain llI\ additional balance of not more thlll\ one,sixlb of the eslimaled ~ounts, The full annual amounl for each item shall be accumulaled by Lender within a period ending one monlh before llI\ item would become delinquent, Lender shall hold Ihe amounts collecled in trust to pay ilems (a), (b), and (c) before t ey become delinquent. If at any time the 10lal of Ihe payments held by Lender for items (a), (b), and (c), logether wilb the fulure monlbly payments for such items payable to Lender prior to the due dales of such ilems, exceeds by more thlll\ one,sixth the estimaled amoulll of paymenls required to pay such items when due, and if paymellls on the NOle are currenl, then Lender shall either refund Ihe excess oyer one-sixth of the estimated payments or credit Ibe excess oYer one,sixlh of Ihe eSlimaled paymellls 10 subsequelll payments by Borrower, at the option of Borrower, If Ibe lotal of the paymenls made by Borrower for item (a), (b), or (c) is insufficient 10 pay Ihe item when due, then Borrower shall pay to Lender any amoulll necessary 10 malee up Ihe deficiency on or before Ihe dale the item becomes due, As used in Ihis Security Inslrument, "Secrelary" means Ihe Secretary of Housing and Urblll\ Deyelopmelll or his or her designee, In any year in which Ihe Lender musI pay a mongage insurance premium to the Secretary (or llI\Y year in which such premium would haye been rcquired if Ihe Lender slill held the Security Instrument), each mOlllhly paymelll shall also include eilher: (i) an inslallmcnt of the annual mortgage insurance premium to be paid by Lender 10 Ihe Secrelary, or (ii) a monthly charge instead of a morlgage insurance premium if Ihis Security Inslrument is held by Ihe Secretary, Each monthly installment of Ihe mortgage insurance premium shall be in an amount sufficient to accumulale Ihe full annual mortgage insurlll\ce premium wilh Lender one monlh prior 10 the date the full annual mortgage insurance premium is due 10 Ihe Secretary, or if Ibis Security Inslrumelll is held by the Secretary, each monlhly charge shall be in an amount equal to one-twelflh of one-half percenl of the oUlstanding principal ballll\ce due on the Note, If Borrower lenders to Lender Ihe full payment of all sums secured by this Security Inslrument, Borrower's accounl shall be credilcd wilh lhe balance remaining ror all inslallments ror ilems (a), (b), and (c) and any mortgage insurance premium inslallmenl Ihal Lender has nOI become obligaled 10 pay 10 Ihe Secrelary, and Lender shall promplly refund any excess funds 10 Borrower, Immediately prior 10 a roreclosure sale or Ihe Property or ils acquisilion by Lender, Borrower's accounl shall bc crcdiled wilh any balance remaining ror all inslallmellls for ilems (a), (b), and (c), 3. Application or Payments, All paymellls under paragraphs I and 2 shall be applied by Lender as follows: First. 10 the mongage insurance premium 10 be paid by Lender 10 Ihe Secrelary or 10 Ihe monthly charge by Ihe Secrellry inslead of the monthly mongage insurance premium: Second, to any taxes. special assessmenlS. leasehold paymellls or ground rellls, llI\d fire, nood and other hazard insurance premiums, as required: Third, 10 inleresl due under Ihe NOle; Fourth, 10 amonizalion or Ihe principal or Ihe Note: Firth, 10 late charges due under Ihe NOle, . --4RIPAltu12lol . '.20" ~ : ~ 1~55 PACE 4-70 4. Fire, Flood and Other Hazard Insurance, Borrower shall insure all improvementl on Ihe Propeny, whether now in existence or subsequemly ereeled, againsl any hazards, cuuallies, and conlingencies, including fire, (or which Lender requires insurance, This insurUlce shall be mainlained in the amounlS and (or the ptriodJ lhll Lender requires, Borrower shall also insure all improvements on Ihe Property, whelher now in exislence or subsequenlly erecled, againslloss by floods 10 Ihe eslem required by Ihe SecrellllY, All insurance shall be carried wilh 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 acceplable to, Lender, In Ihe evem of loss, Borrower shall give Lender immediatc nOlice by mail. Lender may make proof of loss if not mlde promplly by Borrower, Each insurancc company concerned is hereby aUlhorized and direcled 10 make paymem for such loss dircclly 10 Lender, inSlead of 10 Borrower and 10 Lender joinlly, All or any pan of Ihe insurance proceeds mlY be applied by Lender, 01 ils oplion, cilher (a) 10 Ihe reduclion of Ihe indebledness under Ihe NOle and Ihis Securily Inslrumem, firsl 10 any delinqucm :unoums applied in Ihe order in paragraph 3, and Ihen 10 prepaymenl of principal, or (b) 10 Ihe restoralion or repair of the damaged Propeny, Any applicalion of Ihe proceeds 10 Ihe principal shall nol ex lend or poslpone Ihe due date of Ihe monlhly paymenlS which arc referred to in paragraph 2, or change Ihe amoum of such paymems, Any excess insurance proceeds over an amoum required 10 pay all oUlslanding indebledness under Ihe NOle and Ihis Securily Inslrumem shall be paid 10 Ihe emilY legally emillcd Ihercto, In Ihe evem of foreclosure of this Securily tnstrumem or other Iransfer of lille to Ihe Propeny Ihal extinguishes Ihe indebtedness, all righi, lille and imeresl of Borrower in and 10 insurance policies in force shall pus 10 the purchaser" S. Occupancy, Preservation, Maintenance and Protection or the Property; Borrower's Loan Application; Leaseholds, Borrower shall occupy, eslablish, and use Ihe Propeny as Borrower's principal residence wilhin sixty days afler Ihe execulion of Ihis Securily Inslrumem and shall cominue 10 occupy lhe Propeny as Borrower's principal residence for alleasl one year arter Ihe dale of occupancy, unless the Secrelary delermines Ihis requiremem will cause undue hardship for Borrower, or unless extenuating circumslances exist which are beyond Borrower's comrol. Borrower shall notify Lender of any extenualing circumslances, Borrower shall nOI commil waste or deslroy, d:unage or substantially change Ihe Propeny or allow Ihe Propeny to deleriorate, reasonable wear and lear excepted, Lender may inspect Ihe Property if Ihe Propeny is vacanl or abandoned or Ihe loan is in default, Lender may lake reasonable action to protecl and preserve such vacant or abandoned Property, Borrower shall also be in default if Borrower, during Ihe loan applicalion process, gave materially false or inaccurale informal ion or stalemems 10 Lender (or failed 10 provide Lender wilh any malerial informal'on) in conneclion wilh Ihe loan evidenced by Ihe Note, including, bUI nOI limiled 10, represemalions concerning Borrower's occupancy of Ihe Property as a principal residence, If Ihis SecurilY Inslrumem is on a leasehold, Borrower shall comply wilh Ihe provisions of the lease, I( Borrower acquires fee lille 10 Ihe Property, the leasehold and fee lille shall nol be merged unless Lender agrees 10 the merger in wriling, 6. Charges to Borrower and Protection or Lender's Rights In the Property. Borrower shall pay all govemmemal or municipal charges, fines and impositions thai arc nOI included in paragraph 2. Borrower shall pay these obligalions on lime direclly 10 the emily which is owed Ihe paymem, I( failure 10 pay would adversely affect Lender's imeresl in the Propeny, upon Lender's request Borrower shall promplly furnish to Lender receipls evidencing Ihese paymems, If Borrower fails 10 make these paymenls or the payments required by paragraph 2, or fails 10 perform any other covenanlS and agreemems comained in Ihis Security Instrumem, or Ihere is a legal proceeding Ihal may significanlly affecl Lender's righls in Ihc Property (such as a proceeding in bankruplcy, for condemnalion or 10 enforce laws or regulalions), Ihen Lender may do and pay whalever is nccessary 10 prolecl Ihe value of Ihe Properly and Lender's righls in Ihe Property, inclUding paymenl of laxes, hazard insurancc and olher ilems melllioned in paragraph 2, Any :unounts disbursed by Lender under Ihis paragraph shall become an addilional debl of Borrower and be secured by Ihis SecurilY Inslrument. These amoulllS shall bear inlerest from Ihe dale of disbursemem, atlhe NOle rate, and allhe oplion of Lender, shall be immedialely due and payable, 7. Condemnation, The proceeds of any award or claim for damages, direcl or cOl1sequemial, in conneclion wnh any condcmnalion or olher laking of any part of Ihe Property, or for conveyance in place of condemnalion, arc hereby assigned and shall be paid to Lender to Ihe eXlenl of Ihe full amounl of Ihe indebledness Ihal remains unpaid under the NOle and Ihis SecurilY Instrument. Lender shall apply soch proceeds to Ihe reduclion of Ihe indebledness under Ihe NOle and this Securily Inslrumenl, first 10 any delinquem amooms applied in Ihe order provided in paragraph 3, and Ihen 10 prepaymem of principal. Any :a\calion of the proceeds 10 Ihe principal shall nOI eXlend or poslpone Ihe due dale of Ihe monlhly payments:....~ .4RIPAI,u", o. '''' Joo. ..~ . e~ 1?~5 PACE 4-it reCerred 10 III paraBraph 2, or chllJ1Be Ihe amounl of such payments, Any excCls proceeds over an'amounl required 10 pay all oUlslandlng indebledness under Ihe NOle lIJ1d lhis Security Instrument shall be paid 10 the entity ieBally enlllled therelo, 8, Fees. Lender may collect fees lIJ1d charBes aUlhorized by lhe Secrelary, 9, Grounds for Acceleration of Debl, (a) Default. Lender may, except as Iimiled by reBulations Issued by lhe Secrelary in the case of payment defaulls, require immediate payment 11\ full of all sums secured by lhis Security Inslrument if: (I) Borrower defaulls by failing to pay in full any monlhly payment required by Ihis Security Inslrument prior 10 or on lhe due dale of Ihe next monlhiy payment, or (ii) Borrower defaulls by failing, for a period of lhiny days, 10 perform lIJ1Y olher obligalions contained in lhis Security Inllrumenl. (b) Sale Wllhoul Credit Approval. Lender shall, if permilled by applicable law lIJ1d with Ihe prior approval of lhe Secrelary, require immediate payment in full of all sums secured by lhis Security Inslrumenl if: (i) All or pari of Ihe Propeny, or a beneficial interesl in a lrust owning all or pan of the Propeny, is sold or otherwise lransferred (olher thllJ1 by devise or descenl) by the Borrower, lIJ1d (ii) The Propeny is nOl occupied by lhe purchaser or grantee as his or her principal rcsidellfC' or the purchaser or grllJ11ee docs so occupy Ihe Propeny bUI his or her credit has not been approved in accordaJ1\:e with the requirements of Ihe Secretary, ' (c) No Waiver. If circamstllJ1ces occur Ihal would permil Lender 10 require inunediale payment in full. bUl Lender docs nOI require such payments, Lender docs nol waive ils rights with respect to subsequent evenls, (d) Regulations of HUn Secrelary. In many circumslances regulalions issued by lhe Secrelary will Iimil Lender's righls in lhe case of payment defaulls 10 require inunediale payment in full lIJ1d foreclose if nOl paid, This Securily Inslrumenl does nol aUlhorize acceleralion or foreclosure if nol permilled by regulalions of Ihe Secrelary, (e) Mortgage Not Insured, Borrower agrees Ihal should Ihis Security Inslrument lIJ1d the NOle secured lhereby not be eligible for insurance under the Nalional Housing ACI within 60 days from the dale hereof, Lender may, at lIS oplion lIJ1d nOlwithslllJ1ding anylhing in paragraph 9, require inunediale payment in full of all sums secured by lhis Security lnslrumenl. A wrillen statement of lIJ1Y aUlhorized agent of lhe Secrelary daled subsequent 10 60 days from Ihe date hereof, declining 10 insure this Securily Inslrument and lhe NOle secured lhereby, shall be deemed conclusive proof of such ineligibility, NOlwithslllJ1ding lhe foregoing, Ihis oplion may nol be exercised by Lender when lhe unavailabilily of insurllJ1ce is solely due 10 Lender's failure 10 remit a mongage insurance premium 10 the Secrelary, 10, Reinstatement, Borrower has a right 10 be reinstaled if Lender has required inunediate payment in full because of Borrower's failure to pay lIJ1 amount due under the NOle or this Security Inslrumenl, This righl applies even afler foreclosure proceedings arc inslituled, To reinSlale the Security Instrument, Borrower shall tender in a lump sum all amounts required 10 bring Borrower's account current including, to the ex lent they arc obligalions of Borrower under this Security Inslrument, foreclosure COSlS and reasonable lIJ1d cuslomary allomeys' fees and expenses properly associated Wilh Ihe foreclosure proceeding, Upon reinslalement by Borrower, this Security Instrument and Ihe obligalions lhal it secures shall remain in effect as if Lender had not required immediale paymenl in full, However, Lender is not required 10 permit reinstatemenl if: (i) Lender has accepled reinSlatemenl afler lhc commencement of foreclosure proceedings wilhin two years immedialely preceding lhe conunencement of a current foreclosure proceeding, (ii) reinslalement will preclude foreclosure on different grounds in Ihe future, or (iii) reinslalement will adversely affeclthe priorily of lhe lien crealed by Ihis Security lnslrument, II, Borrower Not Released; Forbearance By Lender Not a Waiver, EXlension of the lime of payment or medificalion of amortiz:lIion of the sums secured by this Security lnstrumenl granled by Lendcr 10 any successor in illleresl of Borrower shall nOI operate 10 release Ihe liability uf Ihe original Borrower or Borrower's successur in interesl. Lendcr shall not be required 10 commence proceedings against any successor in illlerest or refuse to extend lime for paymenl or olherwise modify amonizalion of lhe sums secured by Ihis SecurilY Inslrumenl by reason of any demand made by lhe original Borrower or Borrower's successors in inleresl. Any forbearance by Lender in exercising any right or remedy shall nol be a waiver of or preclude Ihe exercise of any righl or remedy, _ ..4RIPAIIUI2101 '1;14011 ~ I~ t?5~ PACE 4.;2 12, SlJl:cwon and AssI&11lI Bound; Jolnl and Several L1ablllly; Co,Slanen. The covenllll. and aarccmcnll of 1111. Security In.lrument .hall bind and benefit Ihe succellors and usians of Lender and Borrower, subjecllO the provl.ions of paragr3ph 9,b, Borrower's covcnaOls and 3greemenls shall be jolnl and several, Any Borrower who co..IIM this Sccurlly InslrumeOl bUI docs nOI e~eCUle Ihe NOle: (al Is co.slgning this Security Il1lIlrumenl only 10 mongage, Irani and convey thai Borrower's inlerest in Ihe Property under the lernu of Ihis Security Inslrument; (b) Is nol personally obligated to pay the .ums .ecured by Ihi. Security Inslrument; and (c) agreeslhat Lender and any olher Borrower may agree 10 e~lend, modify, forbear or make any accommodalions wllh regard 10 Ihe lerms of Ihis Security Instrumenl or the NOle wlthoul Ihat Borrower'. consent, 13, Notices, Any notice 10 Borrower provided for in Ihis Security Instrument shall be given by delivering il or by mailing It by firsl c1us mail unless applicable law requires use of anolher melhod, The nolice shall be direcled to the Propeny Address or any olher address Borrower designales by nOlice 10 Lender, Any notice 10 Lender sh311 be given by firsl clus mall to Lender's address Slaled herein or any 3ddress Lender designales by nOlice 10 Borrower, Any nOlice provided for in this Security InSlrument sh311 be deemed 10 h3ve been given 10 Borrower or Lender when given as provided in Ihis par3graph, 14, Governing Law; Severablllly. This Security Instrument shall be governed by federal 13w and the law of the jurisdiction in which the Property is localed, In Ihe event Ih3t any provision or clause of this Security Inslrumenl or the NOle conOlcts with applicable law, such conOlct sh311 nol affect olher provisions of this Security Inslrument or the NOle which can be given effecl without Ihe conOlcting provision, To this end the provisions of Ihis Security InstrumeOl and the NOle arc declared 10 be severable, IS. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument, , , 16. Asslgnmenl of Rents, Borrower unconditionally assigns and transfers to Lender all Ihe rents and revenues of the Property, Borrower 3ulhorizes Lender or Lender's agenls 10 colleclthe reOls and revenues and hereby directs each lenant of the Propeny to pay Ihe rents 10 Lender or Lender's agenls, However, prior to Lender's nOlice 10 Borrower of Borrower's breach of any covenant or 3greemeOl in the Securily Instrument, Borrower shall collect and receive all renls and revenues of the Propeny a.s lruslee for Ihe benefit of Lender and Borrower, This assignment of rents constitutes an absolule assignment and nOI an assignment for additional security only, If Lender gives nolice of breach to Borrower: (a) :111 rents received by Borrower shall be held by Borrower as tlUStee for benefit of Lender only, to be applied 10 Ihe sums secured by the Security Instrument; (b) Lender shall be eOlltled 10 collect and receive all of the rents of Ihe Propeny; and (c) each tenant of the Propeny shall pay all reOls due and unpaid to Lender or Lender's agent on Lender's written demand 10 Ihe lenanl, Borrower ha.s nol executed any prior assignmenl of Ihe rents and has not and will nol perform any act thai would prevenl Lender from e~ercising its rights under Ihis par3graph 16, Lender shall nOI be required 10 enler upon, lake control of or maiOlain the Propeny before or after giving nOlice of breach 10 Borrower, However, Lender or a judicially appointed receiver may do so at any time there is a breach, Any application of renls shall nol cure or waive any default or invalidate any other right or remedy of Lender, This assignmeOl of reOls of the Property shalllerminale when the debt secured by the Security Instrument is paid in full, NON. UNIFORM COVENANTS, Borrower and Lender further covenanl and 3gree a.s follows: 17, Foreclosure Procedure, If Lender requires Immediate paymenl in full under paragraph 9, Lender may foreclose this Securlly Instrument by judicial proceeding. Lender shall be entilled 10 collect all expenscs incurred In pursuing Ihe remedics provided in Ihis paragraph 17, including, bul nOlllmlled 10, ollorneys' fees and cosls of tllIe evidence, 18, Release. Upon p3yment of 311 sums secured by Ihis Security Inslrument, Ihis Security Inslrument and the esl31e conveyed shalllerminale and become void, Arter such occurrence, lender sh311 disch3rge 3nd s31isfy this Securily Inslrument wilhout charge to Borrower. Borrower sh311 P3Y any recordalion cOSlS, 19. Waivers. Borrower, 10 the extent permitted by 3pplicable law, waives and releases any error or defecls in proceedings 10 enforce Ihis SecurilY Inslrument, and hereby w3ive! Ihe benefit of any presenl or fulure laws providing for slay of e~ecution, e~tension of lime, e~emption from 3113chmenl, levy and sale, and homestead exemplion, _..4RIPAIIUI:U01 ".ge I 0'1 ~ " eooK 1255 PACE 4-i3 . . /(ff-t'll 4-, (~tf 1., ,,1 f j' ,t!Ll_t>- C6..tu,-, / (t}lf LA-I./. 0- o~f~;r cr n'r"I":";~" 'I>' ;J/ t~:f ,3"T S6~:1 '97 P['. ..' L'I' '/ I.I'~ I "'141 <\ OFr!c. ~r T,,< "t:;~IFF '= I'll . ~ , APa 'l 8 07 All '97 ',. , 'n', PE;I..:; i~/A1\IA . ~. ~ ~ ~, ~ ..... >- M ?: ~ c:: >-, .. ~~;;5 UJr: ..':1 '0.'" c..){,', ::!; -' -, It'- e... ~::.J ~~. ;- l' ..:r ,'<.n L. ,-;, I ,:j(a u.:l:11 c:: " a. ':~ 1-' "'-' ~) lL ..... 0 0" 0 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEF AUL T JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appearcd Scott A. Dietterick, Esquire, attorney for and authorized representative ofPlaintitTwho, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa, R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me . \ thidt!Ldayof }ct(l:r~ ,1997, , .' l (lld\1'-L~ U: ).d.J..J' Notary Public My Commission Expires: NO!ilfl:lISI.',11 Michelle SClllJll1 NOI,I!')' Public Harr.'.burg O.l,lptl'rt CUlll'ly P.1yC0ll1lf,,',SlunF)\,'1>, HI, 111 1f)~11 J l' , . NORWEST MORTGAGE, INC, CIVIL DIVISION J , , , I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO,: 199701087 P vs, KENNETH A. SUCCA and DENISE L. SUCCA, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Denise L. Succa ( ) Plainti ff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding o~. ( ) A copy of the Order or Decrce is enclosed, or (XXX) Thejudgmcnt is as follows: $71,759,30 with interest on the Principal sum at a $17.91 per diem ratc from June I, 1997, plus additional late charges, costs (including additional cscrow advances), additional attorney's fees and for foreclosure and sale of the mortgagcd premises, " 4,,- ~ - r cm~/?~L~ lJ&- Dcputy f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORWEST MORTGAGE, INC. CIVIL DIVISION Plaintiff, NO.: 199701087 P vs. KENNETH A. SUCCA and DENISE L. SUCCA, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Kenneth A. Succa ( ) Plainti ff (XXX) Defendant ( ) Additional Defendant You arc hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding onJJ" ~ ICf;7- I ( ) A copy of the Order or Decrec is enclosed, or (XXX) The judgment is as follows: $71,759.30 with interest on the Principal sum at a $17.91 per diem rate from June I, 1997, plus additional late charges, costs (including additional escrow advances), additional allomey's fees and for foreclosure and sale of the mortgaged premises. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORWEST MORTGAGE,INC. CIVIL DIVISION Plaintiff, NO.: 199701087 P vs. KENNETH A. SUCCA and DENISE L. SUCCA, Defendants. Norwest Mortgage, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located 133 S. Enola Drive, Enola, Cumberland County, Pennsylvania 17025: I. Name and Address of Owner(s) or Reputed Owner(s): KENNETH A. SUCCA 26 Stephen Road, Apt. 6D CampHiIl,PA 17011 DENISE L. SUCCA 423 Sioux Drive Mechanicsburg, PA 17055 2. Name and Address of Defendant(s) in the Judgment: KENNETH A. SUCCA 26 Stephen Road, Apt. 6D Camp HiIl,PA 17011 DENISE L. SUCCA 423 Sioux Drive Mechanicsburg, PA 17055 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: NOR WEST MORTGAGE,INC., Plaintiff 4. Name and Address of the last record holder of every mortgage of record: NOR WEST MORTGAGE,INC. Plaintiff ',. '" i~; ",", 1:-" 'IICI t': C): {I":: ,. . (j~. r', ("" I U~ll i~;. L. '.I t' t-' v; ", r- U /:.,..... (J , THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court ofComrnon Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You rnay also file a petition with the same Court if you arc aware of a legal defect in the obligation or the procedure used against you, ~j I 2, After the Sherifl's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sherifl's Deed is delivered, 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Adrninistrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. GRENEN & BIRSIC, P,C. DATED: f /5/97 I I BY: Sco A. Dietterick, Esquire Pa. J.D, #55650 Attorneys for Plaintiff 4076 Market Street Suite 210 Camp Hill, PA 17011 (717) 975-3379 >:: \/1 I.'., (.: ~"- , .. 111\') ....; ( ), ( 1',- .;.. ' , Ljf , ' (":1 C..... I H..I: ~:-ll C. :J U. ,-- I v; " r- , l,j U' (; " ... \n I; c.': I t',: , lJ!( ", ( ) ~ ( i~ (~l ~ [ \ ~..) ( ,. I t~. , <- OJ U. .. " v. I' r- e, {." - '. 5. Name and Address of every other person who has any record lien on the property: NONE 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiffhas knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements rnade in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are rnade subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. DATED: BY: c tt A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff 4076 Market Street Suite 210 CampHiIl,PA 17011 Northwest Mortgagc Inc, vs Kenneth A, Succa and Dcnisc L. Succa In thc Court of Common PIcas of Cumbcrland County, Pcnnsylvania Writ No. 97-1087 Civil Tcrm Timothy Rcitz, Dcputy Sheriff, who being duly sworn according to law, says on Octobcr I, 1997 at 5:29 o'clock P.M., E,D.S,T., he postcd thc propcrty of Kcnncth A, Succa and Dcnisc L. Succa at 133 S, Enola Drivc, Enola, Cumbcrland County, Pcnnsylvania with a copy of Rcal Estatc Writ Noticc Postcr and Dcscription according to law. R, Thomas Klinc, Dcputy Shcriffwho bcing duly sworn according to law, says hc madc diligent scarch and inquiry for onc ofthc within namcd dcfcndants, to wit: Kcnncth A. Succa but was unablc to locate him in his bailiwick, Hc thcrcforc dcputizcd thc Shcriff of York County, Pcnnsylvania to serve thc within Rcal Estatc Writ, Noticc, Postcr and Dcscription according to law. YORK COUNTY: Now Novcmber 6, 1997 at 2:25 o'clock P.M" scrvcd thc within Real Estatc Writ Noticc & Postcr upon Kcnneth A. Succa at101 Harrisburg Pikc #2 Floor, Dillsburg, Pa. 17019 by handing to Kenncth A. Succa a truc and attcstcd copy of thc original Real Estate writ, Noticc & Postcr and made known to him thc contcnts thcrcof. So answcrs: William Hose, Sheriff by Scott Tyson, Deputy Sheriff. York County rcturn hcrcto attached, R. Thomas Kline, Shcriff, who being duly sworn according to law. says that hc scrvcd thc above Real Estatc Writ, Noticc Postcr and description in thc following manncr: Thc Sheriff mailed onc ofthc within namcd dcfcndants, to wit: Kenneth A. Succa a noticc ofthc pendency of the action by certified mail markcd DELIVERY ONLY TO ADDRESSEE,to his last known address of 101 Harrisburg Pike #2, DiIlsburg, Pa. 17019, This lcttcr was mailcd under thc date of October 30,1997 and was reccived on Novembcr 1,1997 with rcturn rcceipt card signed by Kenneth A. Succa, Return rcceipt card is hercto attached. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that hc served the abovc Rcal Estate Writ, Noticc Postcr and dcscription in thc following manner: Thc Sheriff mailed one of the within named defendants, to wit: Kenncth A, Succa notice ofthc pendency of the action by regular mail to his last known addrcss at 101 Harrisburg Pikc, #2 Dillsburg, Pennsylvania 17019, This letter was mailed undcr the datc of November 5, 1997 and was never returned to the Sheriffs Officc.. Trevor Kent, Dcputy Shcriff, who being duly sworn according to law, says on October I, 1997 at 3:05 o'clock P.M" E,D,S.T" he servcd truc copics of Real Estatc Writ, Noticc, Postcr and Description in thc abovc entitlcd action upon onc of thc within namcd dcfcndants, to wit: Dcnisc L. Succa by making known unto Donna Bacr Mother of Dcnisc L. Succa at 423 Sioux Drive, Mechanicsburg, Cumbcrland County, Pcnnsylvania its contcnts and atthc same timc handing to her personally thc said truc and attcsted copics of the same, R, Thomas Klinc, Sheriff, who bcing duly sworn according to law, says that he scrvcd thc abovc Real Estatc Writ, Noticc, Poster and Description in the following manncr: The Sheriff mailcd onc ofthc within named dcfendants, to wit: Dcnisc L. Succa a notiec ofthc pendency of thc action by rcgular mail 10 hcr last known address of 423 Sioux Drivc, Mcchanicsburg, Pcnnsylvania 17055. This lettcr was mailed undcr the datc of Octobcr 30, 1997 and was nevcr returncd to thc Shcriffs Ollice, THE LEGAL RIGHTS YOU MAY HAVE ARE: t 1. " I , You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with LIJe same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sherifl's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sherifl's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. GRENEN & BIRSIC, P.C. DATED: f1497 BY: Sco A. Dietterick, Esquire Po. I.D. #55650 Attorneys for Plaintiff 4076 Market Street Suite 210 Camp Hill, PA 17011 (717) 975-3379 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NORWEST MORTGAGE, INC, CIVIL DIVISION PlaintilT, NO.: 199701087 P vs. KENNETH A. SUCCA and DENISE L. SUCCA, Defendants. Denise L. Succa 423 Sioux Drive Mechanicsburg, PA 17055 TAKE NOTICE: That the Sherifl's Sale ofRea1 Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 10,1997, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting ofa statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 133 S, Enola Drive Enola, PA 17025 Cumberland County 2 THE LEGAL RIGHTS YOU MA Y HAVE ARE: J 1. . i, You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entercdjudgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the proccdure used against you. " 2. After the Shcrifl's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause, This petition must be filed before the Sherifl's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition rnust be served on the attorney for the creditor or on the creditor before prescntation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. GRENEN & BIRSIC, P.C, DATED: €f)) 1</) BY: Scott . iellerick, Esquire Pa, !.D. #55650 Allorneys for Plaintiff 4076 Market Street Suite 210 Camp Hill, PA 17011 (717) 975-3379 1 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No 587. Aooroved Mav 18 1929 Commonwlllth 01 Plnnlylvlnl., County 01 Oluphln) II FrsnkJ. Epler being duly sworn according to law, depases ond says: ThaI he Is the Conlraller al THE PATRIOT.NEWS CO" e corparaUon organized snd exlatlng undar Ihe laws 01 the Commonwealth al Pennsylvania, wllh lIa principal olllce and place of business sl B 12 to BIB Market Slreel, In the City af Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT.NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and publlehed at B12 ta BIB Market Straet, In the City, County end State aforeeald; that THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS were establlahed March 4th, lB54, end September lBth, 1949, respectively, and all have been continuously published ever since; ThaI the printed notice or publication which Is securely attached hereto Is exactly as printed and published In their regular dally and/or Sunday and Metro editlonsllssues which appeared on the 21al and 2Bth day(a) 01 October and the 41h day af November 1997. That nellher he nor said Compsny Is Interested In the subject metter of said printed notice or advertising, and thaI all of the allegations of this statement as to the time, place end chsracter af publication are true; and That he has personal knowledge of the facts aforesaid and la duly authorized and empowered 10 verily this statement on behalf of The Patrlot.News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of diractors of the said Company and subsaquently duly recorded In the afflce for the Recording of Deeds In and far said County af Dauphin In Miscellaneous Book "M", Volume 14, Page 317. ~/_. ~ ------ C PUBLICATION ,~>:;?,A'h ~/ _____ _ ~:~2B ~wo(~ t:and SUb~d before me t 4th ~aY-~Z;~~ 1997 A.D. Ij" /1,;,/ /,J ~ OT Y PUBLIC Ion expires June 6, 1998 ~ Statement of Advertising Costs To THE PATRIOT.NEWS CO" Dr, For publishing tha notice or publication attached herato on the above stated dates $ Probating same (1) Notary Fae(s) $ Total $ 227.B5 1.00 22B.B5 Publisher's Receipt for Advertising Cost THE PATRIOT,NEWS CO" publisher of THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS, nawspapers of general circulation, hereby eCknowledge racelpt of the aforesaid noUce and publication costs and cerlllles that the same have been duly paid. THE PATRIOT.NEWS CO, By....................................................................