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HomeMy WebLinkAbout97-02485 {\ .~ ~ '. " ,~ ~ ~ ~ ~ ~ \l '" 13 ~ ~ a ~ t III ~ q~ .- .f~,. r / .- - / , t-- ~ IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA INDUSTRY MORTGAGE COMPANY, L.P., CIVIL DIVISION NO.: q? - .l. '/ r 5' C~ / J.....- Plaintiff, vs. RONALD R. BENTZ, alk/a RONALD RITTER BENTZ and LUANN B. BENTZ, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Industry Mortgage Company, L.P., by its attorneys. Grenen & Birsie, P.c.. files this Complaint in Mortgage Foreclosure as follows: I. The Plaintiff is Industry Mortgage Company. L.P., which has its principal plaee of husiness at 3450 Buschwood Park Drive. Suite 250, Tampa, Florida 33618. 2. The Defendants. Ronald R. Bentz, alkla Ronald Ritter Bentz and Luann B. Bentz, are individuals whose last known address is 442 North Hanover Street, Carlisle, Pennsylvania 17013. 3. On or about February 7. 1996, Defendants executed a Note in favor of Plaintiff in the original principal amount of $46.000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. charges, additional reasonable lInd actually incurred attorney's fees. plus costs (including increases in escrow deficiency) lInd for foreclosure and sllle llfthe mortgaged premises. GRENEN & B1RSIC, P.c. BY: .....-21 ~ ~ ~i~C G C-~-r>t: Chllrles C. ClIslllnovlI, Esquire Attorneys for Industry Mortgage Company, L.P., Plaintiff One Gateway Center Nine West Pittsburgh, P A 15222 (412) 281-5197 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMA nON OBTAINED WILL BE USED FOR TI-IA T PURPOSE. ,.....~... . . 'c" I ~. "'.'" '~'~\.i'SJ.~.'" ., ~r....\> '.".'~" .",\ VI"." r- '0 .,. .~ '. .. _. ~ . . .' '. .,...... :, -: -: 1 \~ , ' ,;.1: ". 't~;;:~.~;~ ~4 _ - ...,~c;~'_~_.\.r.~t~ "~:"~';V"f1tf;" r~,k.~~~.,,,, . +.:'.:: .,'. T..~~~.~'; ':. ' . ..,:t~L.. . ," ;,<'r~,' L'._ . . 1 i'" ".Jt ' ..r~~: ~(, !.{I.;l)H~l.~rJ;.{ ~'fiJ'~:1-~t''': r:'r. -~ :." ;":"" I I '''. " . ,C'" I . "]. ".....~, ;~~~.~trf" ,.,-, . , ~t ."'~'~',!'~ ~:'!'1if~~-.. \'4p ; ..,,,"r..' ~ -.'; .....'.i.i'J::..:.. . 'im' '-.!.~ ."1 ':""....:.; ~.. ~"f1'"r,.,t"'l.' " , "'. '~f....i:;. ~.~. _ !~..:~. '..;~ 1f;r117>~' . -. ~ ~I~ :.,t~-- , 'i '~J- " ,...... "'t.' .iW:' , - . '. . ..~ "","-' BALLOON NOTE (flud Raid \ THIS LOAN IS PAYABLE IN FULL AT MATURITY, YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN OUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WlWNQ TO LEND YOU THE MONEY, IF YOU REFINANCE THIS LOAN AT MATURITY. YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATEOWlTH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. February 07. 1996 (DIIlI CARLISLE , PA lel')'l ISIIIII 442 NORTH HANOVER STREET CARLISLE, PA 17013 IProperty Mtn:ul I. BORROWER'S PROMISE TO PAY In ",,,,,,lor .10&11 tlw lluve "",ivcd, I proailit III P'Y U.S. S 46000.00 (this amounlls <.1Ilcd ''prtodpaI''l, pluslDw<at,lll!he onlcr .1 !he Under. The Under Is INDUSTRY IUlTGNiE CWAHY, L. p, " DElAWARE L1HmD PARTHERSHIP I undenul'ld mal Ibc lcDdet may trms(er this NOIe. The llndet or anyone wbo lUes Ihis Note by tn.nJfcr and wbe lJ mlilled CO reaive paymc:ntJ under this Note II ailed lhe "Note Haidet." 1. INTERESI' I.."", wIU be clurJed .. Wlp\Id princip>J until the 1uIl1lllOWll 01 prillcipallw been paid. 1 wUl P'Y IIltem1Il . ye&r!y....ollO.900 lI, The _ .... nqalnd by Ihh ScaJoo 1 iJ the me I will pay both bel." and aftu "'y delaull described In Sec1iou 6(B) orlhh NOlI:. J, PAYMENrS (AI nm. ud I'Ia<e of 1'1110..... I will P'Y priDdpal and \olmIl by IllWIlJ p.ymaltI every moo1h. I will mW my lDOIIIhlypaymellU..1he 12 day oladllllOllth be&bmIo& ..Harch 12 , 1996 . I wIU maD lhae p.ymaltI every IIIOllth IIll1III _ paid all ol!be prlIldpaI IIld 11IIerallod 10)' ocher chul" d"cribed bel... th.Il I msy .... uodet thiJ NOlI:. My IllOllIhIy psj'IllCSIlS wIU be appIled 10 IIltem1 befom priocipsJ.ll,ou February 12,2011 .lllilloweamounuuodetthiJ Note, I will pay thole amounlJ in full OQ thai d.att, wbicb is aUcd tbe . 'Maturity Due,.. I willln1ke my monthly paymalllll 3450 IllJSCHl<<Xl) PARK DRIVE, #250 TAHPA. FLDRIDA 33618 or III dill""" plsc< IlrtqUir<d by the N.1e Holder. 1D1 AmoUlll 01 Hombly PlI".._ Mymoothlypl1lIl<lllwillbelnthellllO\lllloru.s.s 434.60 4. BORROWER'S RIGHT TO PIlEl'A Y IIllve the ri&/>llll mW J>Il'1llC'lll of principllll"'y time ber." they ... due, A PS)'lllCSll 01 pri1lclp>J oaly is kno... .. I "prepl)'1DODl." When I mske . prepayment, I willlell the NOIe Holder in wri1in& th.Illam dolna 10. 1 may mW . lull P"I"JlDC"l or panIaI P"l")'lnCllU withou1 payinllll}' prepaymcDI tlut&e. The NOlI: Holda will use all of my prt'plyIIX1l1a 10 m!ucc the ltIXlW1I of principal thdl owe uodcr thil Note, If I make s partial pR'P'Ymc:lU. there will be DO ch&n&:esln the due eWe or in the amount of my rDOD.thly paymenl unless the Note Holder IIrteS in wrltinl to lhl>>Cch.&nats, S. LOAN CHARGES If a I.... whkb Ipplies to thillom IDd ..uK:h leU mui.mwD. 10m charJcs, is fmaUy Inte:pmed 10 thai the lmerat or other loan c:harJc:a coUc:ctcd or 10 be oollecud iD -.-........ with Ibis loaD uct.e:d tbc permitted limits. tbc:D: (l) my such I... clw'Ie oIuII be _ by the IlllO\llll oa:<sIIl1' 10 rtdIlce the clw'Ie 10 the penaJtud limlt; and (U) 111)' aums aIrady ccll<CtO'd fn>m me wh!dl e.uzedod pcnoII1<d IlmIu will be rellmdod III ..,. The NOlI: Holder may eIloote III mW: thiJ "run. i>y nducin&!be prindpoIl.....lOldcr IhIs Noce or by maI:io& . diRa pa)'1llCDllO me. If. "l\Illd reduces prindpaI, the reductioo will be tmted .. . ~ ..."r,........... 6. B'lRROWU'S FAILURE TO PAY AS REQVIRDl (A) uti Charas rOf' Orerdut hJ'1llmtJ tr lbc Note Holder tw DOC rec:eived the: full amounI \.If lIly monthly ~ment by the cod of 15 ca.1c:odar day. aJ'ta the dale il i.I due. I will pay .llIe charlc to !.be Note Holder. Tbt &mOUnt orlbe charle will be 5.000 ~ or my overdue payment ofprioc:ip.aJ and mlensl. I will pay this l&1t dw1:e promptiy but only oacc on t:ICb 1m paymml. (lI)Def.oIl If I do DOC pay !he full amount of QCb lDOlUb..Iy p.aymenI on tht dale il is due. I wilt be in rlefluh. MUlTlSTA.n BALLOON AXED RATI NOTE. SI~I. FamIly. fNMA UNIFORM WSTRUMEHT ~ ~\_, -.-.."0 Ill'I*tO' ",,'_rlJ.AGl~ ,JOQ'II' '"l Form )210 ]117 -M- CERTIFIED TRUE COpy ''''.~. I ~I~II m ~ milD m ~I TOGETIIER WITII alllhe improv. .nts 1I0W or heleafler erecteu 011 Ihe propert), J all easemellts, appurtenances, and . :::uures 1I0W or herealler a part 01 the property. All replacemellls alld addiliolls shall also be covered by Ihls Security InSlrul11elll. All 01 Ihe loregoing is relerred to In this Securily InSlrumenl as Ihe "Properly," BORROWER COVENANTS thai Borrower is lawlully seised 01 the eslate hereby conveyed and has Ihe righlto morlgage, granl alld cOllvey Ihe Properly alld Ihal Ihe Properly is ullellcumbered, e'cepl lor encumbrances 01 record. Borrower warrants and will delend generally Ihe lille 10 Ihe Properly againSl all claim' and demand" subjecllu any encumbrance, 01 record. TillS SECURITY INSTRUMENT comhine, unilurm covenalll' lur naliullal u,e and non,unilorm covenanlS with limited vnrinlioll!\ by jurisdictiulllo cOll!ititulc n uniform ~ccurity instrument covering real rropcrty. UNIPORM COVENANTS. Burrower and l.endcr covenam and agrce a, lollows: I. Payment of Principal and IlIter..,(; I'repayment lInd I.ate Charg..,. Borrower shall promptly pay when due the prillcipal 01 and intereSl on Ihe debl evidenced by Ihe Nole and allY prepaymenl and laic charges due under Ihe NOle. 2. Funds for Taxes and Insurallce. Subjcct to applicable law or to a wrillcn waiver by Lender, Borrower sball pay 10 Lender on the day monthly paymenls arc due ullder Ihe Note, untillhe Nole i, paid in lull, a sum ("Pund,") lor: (a) yearly laxe' and a,sessments which may allain priority over Ibis Security Instrumenl as a liell on Ihe ProperlY; (b) yearly leasehold paymellt' or ground rents on Ihe Properly, il any; (c) yearly ha7.ard or propcrty insurance premiums; (d) yearly nood insurance premiums, il any; (e) yearly morlgage in,urance premiums, il any; and (f) any sums payable by Borrower 10 Lender, in accordance wilb Ihe provisions 01 paragraph 8, in lieu 01 the paymelll 01 morlgage insurance prcmiums, These Items are called "Escrow Items: Lender may, al any lime, collecl and hold Funds ill all amounl nol 10 e,cecd Ihe maximum amount a lender lor a lederally relaled morlgage loan may require lor Borrower's escrow accounl under Ihe lederal Real Estate Selllemenl Procedures Acl 01 1974 as amended Irom lime 10 lime, 12 U.S.C, Seclion 2601 <I stq. ("RESPA"), unless anolher law Ihal applies 10 Ihe Funds scls a lesser amounl. II so, Lender may, at any lime, collccl and hold Funds in an amounl not 10 exceed Ihe lesser amounl. Lender may estimale the amount 01 Punds due all Ihe basis 01 currenl uala and reasonable eslimales 01 expenditures 01 luture Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an inslilulion whose ueposlts are illsured by a lederal agency, instrumenlallty, or entily (including Lender, il Lender is such an inSlilution) or in any Pederalllome Loan Bank. Lender shall apply Ihe Funds 10 pay Ihe Escrow Items, Lender may nol charge Borrower lor holding and applying Ihe Punds, annually analyzing Ihe escrow account, or verilying Ihe Escrow Items, unless Lender pays Borrower inlercsl on Ihe funds and applicable law permils Lender 10 make such a charge. However, Lender may require Borrower 10 pay a aile-time charge lor an independenl real eSlale lax reporting service used by Lender in conneclion with Ihis loan, unless applicable law provides olherwise. Unless an agreement is made or applicable law requires inleresllo be paid, Lender shall not be required to pay Borrower any illteresl or earnings on Ihe Funds. Borrower and Lender may agree in writing, however, Ihal inlercsl shall be paid on Ihe Funds. Lender shall give 10 Borrower, withoul charge, an annual accounling 01 Ihe Funds, showing crcdils and debits 10 Ihe Funds and the purpose lor which each uebilto Ihe Funds was made. The FUllds arc pledged as addilional securily lor all sums secured by this Seeurily Inslrument. II the Funds held by Lender exceed Ihe amounts permilled to be held by applicable law, Lender shall accounlto Borrower for the excess FUllds in accordance with the requiremenls 01 applicable law. If Ihe amount 01 the Funds held by Lender al any lime is nol sufficiellllo pay Ihe Escrow Items when due, Lender may so nOlily Borrower in wriling, and, in such case Borrower shall pay 10 Lender Ihe amounl necessary to make up Ihe deficiency. Borrower shall make up Ihe deficiency in no more Ihan twelve monlhly paymenlS, alLender's sole discretion, Upon payment in lull 01 all sums secured by this Security Inslrument, Lellder shall promplly relund 10 Borrower any funds hcld by Lender. II, under paragraph 21, Lender shall acquire or sell the ProperlY, Lellder, prior to Ihe acquisition or sale ollhe ProperlY, shall apply any Funds helu by Lender allhe lime 01 acquisition or sale as a credil againSllhe sums secured by Ihis Securily Instrumenl. 3, Application of Pa)'ments. Unless applicable law provides otherwise, all paymenlS received by Lender under paragraphs I and 2 shall be applied: firsl, 10 any prepaymenl charges due under Ihe NOle; secolld, to amounls payable under paragraph 2: Ihird, 10 inlerCSI due; lourth, to principal uue; and lasl, 10 any late charges due under Ihe NOle. 4. Charges; Liens, Borrower shall pay all taxes, assessmenlS, charges, fines and imposilions allribulable to Ihe Properly which may auain priority o"er Ihis Sccurity Inslrumenl, and leasehold paymenlS or ground renlS, if any, Borrower shall pay these obligatiolls in the mallner proviueu in paragraph 2, or il nol paid in thai manner, Borrower shall pay them on time uirectly 10 the person owed paymer-:. Borrower shall promptly lurnish 10 Lender all notices 01 amounts 10 be paid under this paragrapb. If Borrower makes these paymenlS direclly, Borrower shall promptly lurnish 10 Lender receipts evidencing Ihe payments. Borrower shall promptly discharge any lien,which has,priorilY over Ihis Security Inslrumenl unless Borrower: (al agrees in wriling 10 Ihe paymenl 01 the obligation secured by the lien in a manner acceptable to Lender; (b) conleSlS in good faith the lien by, or uelends against enlorcement 01 the lien in, legal proceedings which in the l.ender's opinion operate to prevem the enlorcemcm 01 the lien; or (c) secures lrom the holder 01 Ihe lien an agreement satislaclory 10 Lenuer subordinaling the lien 10 this Sccurily 11Islrumelll. If Lender determines Ihal any pari III the Properly is suhjectto a lien which may allain priority over lhis Security InSlrument, I.ender may give Borrower a nolice identilying the lien. Borrower shall satisly Ihe lien or lake one or more 01 the actiolls sel lorth above wilhin 10 days 01 the giving 01 nolice. ~ .6RIPA) 114101 .. "Qelole Form 3039 9/90 lnitl_':~ 5, Hazard or Property Insufnne,. uorrower shall keep the improvemenls no" ...sting ur hereaner erecled on the Property insured againslloss by lire, haz.1rds illcluded wilhin Ihe term 'extended coverage' and allY other hazards, including noods u< nooding, for which Lendcr requires illsurance. This illsurance shall be mainlained in Ihe amounls and for Ihe periods Ihal Lender requires. The insurance carrier providing the insurance shall be chosen hy Burrower sohjecI 10 Lellder's approval which shall nul be unreasonably wilhheld. If Burrower fails 10 mainlain coverage deserihed ahove, Lender may, al Lender's oplioll, oblain coverage 10 protect Lender's righls in Ihe Properly in accordance wilh paragraph 7. All insurance policies and rellewals shall he aeceplahle 10 Lender and shall illclude a slamlard mortgage clause. Lender shall have the right 10 hold Ihe policies alld renewals. If Lender relluires, Burrower shall promplly give 10 Lender all reeeiplS of paid premiums and renewalllolices. In Ihe evelll of loss, Burrower shall give pr9111pl nolice 10 Ihc insurance carrier and Lender. Lellder may make proof of loss if nul made promplly by Borrower. Unless Lender and Borrower otherwise agree in wriling, insurallee proceeds shall be applied to restoralion or repair of Ihe Propeny dam'ged, if the resloralion ur repair is economically feasible and Lender's seeurily is nul lessened. If the resloralion or repair is nol economically feasible or Lender's security would he lessened, Ihe illsurance proceeds shall be applied to the sums secured by Ihis Seeurily Inslrumenl, whelher or nol Ihen due, wilh any excess paid to Borrower. If Borrower abandons Ihe Properly, or docs not answer within 30 days a notice from Lender Ihatlhe insurance carrier has llffered to seHle a claim, Ihen Lellder may collect the insurance proceeds. Lender may use Ihe proceeds 10 repair or reSlore Ihe Property or to pay sums secured by Ihis Securily Instrumenl, whclhcr or not Ihen due. The 30.day period will begin when the nolice is given. Unless Lender and Borrower olherwise agree in wriling, any applicalioll of proceeds to principal shall not eXlend or poslpolle the due date of the monthly paymellls referred 10 in paragraphs I and 2 or change Ihe amount of the payments. If under paragraph 211he Property is acquired by Lellder, Borrower's right to any insurance policies and proceeds resultillg from dam'ge 10 the Property prior 10 the acquisition shall pass 10 Lender 10 the exlent of the sums secured by this Security Inslrument immediately prior to the acquisition. 6. Occupancy, Prcsen'ation, lIIalntenance and I'rolccllon of the I'ropert}.; Borrower's Loan Application; Leaseholds. Borrower shall occupy, eslablish, and use the Propeny as Borrower's principal residence within sixly days after the execution of Ihis Security Instrumenl and shall eonlinue 10 occupy the Propeny as Borrower's principal residence for alleast Olle year after the dale of occupancy. unless Lellder otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenualing circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorale, or commit wasle.on the Propeny. Borrower shall b~ in default if any forfeiture actio II or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of Ihe Property or olherwise materially impair Ihe lien created by this Securily Instrument or Lender's security interes!. Borrower may cure such a default and reinslate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determinalion, precludes forfeiture of the Borrowcr's inlerest in Ihe Property or other material impairmellt of the lien crealed by this Security Instrument or Lender's security inleres!. Borrower shall also be in default if Borrower, during Ihe loan applicalion process, gave malerially false or illaccurate informalion or stalemenlS to Lender (or failed 10 provide Lender wilh allY malcrial illformalion) in conncction wilh the loan evidenced by the Nole, including, bUI not Iimiled 10, represenlalions concerning Borrower's occupancy of the Properly as a principal residence. If Ihis Security Inslrument is on a leasehold, Borrower shall c9mply with all Ihe provisions of the lease. If Borrower acquires fee title 10 the Property, Ihe leasehold and the fee lille shall not merge unless Lender agrees 10 the merger in writing. 7. Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreemellts eonlained in this Security Inslrument, or Ihere is a legal proceeding Ihat may signilicanlly affect Lellder's rights in the Property (such as a proceeding in bankruptcy, pro bale, for condemnalion or forfeilure or to enforce laws or regulations), Ihen Lender may do and pay for whalever is necessary to protect the value of Ihe Properly and Lellder's righls in Ihe Property. Lender's actions may include payillg any s.ms secured by a lien. which ha~ pr.iorily over Ihis;Security Instru~'ent, appearing in court, paying reasonable aHorneys' fees and entering on the Property 10 make repairs. Although Lender may take action under thi. paragraph 7, Lender docs not have to do so. . Any amounts disbursed by Lender under this paragraph 7 shall become addilional debt of Borrower secured by Ihis Securily Inslrumen!. Unless Borrower and Lender agree to olher terms of payment, these amounts shall bear inleresl from Ihe dale of disbursement at Ihe Nole rate and shall be payable. with illleresl, upon nOlice from Lender 10 Borrower reqoesling payment. 8. 1II0rtgage Insurance. If Lender required mong'ge insurance as a condilion of making the loan secured by this Security Inslrument, Borrower shall pay the premiums rfquired to. mainlain the mOlt gage insurance in effect. If, for any reason, Ihe morlg'ge insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay Ihe premiums required to oblaill coverage subslanlially equivalenl 10 Ihe mongage insorance previously in effecl. al 0 cosl subslanti,lIy equivalenllo Ihe cost 10 Borrower of the mortgage insurance previously in effect, from an altemate mortgage insurer approved by Lender. If subslanlially equivalent mongage insurance coverage is not availahle, Borrower shall pay to Lendcr each month 0 sum equal 10 one.lwclnh uf lhe yearly morlgagc insurance prcmiul11 hcing paid hy lIurrowcr whcn Ihe insorance coverage lopsed or ceased 10 be in crrect. Lender will ;J.cccpt. use and retain these payments as a los~ reserve in lieu or mortgage insurance. Loss reserve Form JOJ9.1}/90 ,"111.,., tL::.-:U; Q .6RIPAII'.101 .. r.g.:I 0'1 payments may no longer be relluired, al Ine oplion 01 l.cnder, il morlgage insurance coverage (in the amount and lor Ihe period Ihal Lender requires) provided by an insurer approved hy Lender again becomes available and is llbtained, Durrower shall pay Ihe prc"rniums required 10 mainlain mortg;lgc insurance in crrcel, or 10 provide a loss reserve, untillhc requirement for rnorlgagc ~insur:mcc ends in accordance with :my written ilgfCCIIlCll1 helween Borrower ilnd Lemler Of Olpplicablc law. 9. Inspection. Lender' or lIS age III may make reasunable enlries upon allll inspeclions of the Property. Lender shall give . Dorrower noliee at the lime 01 or prior 10 au Inspcction lpecilylllg reasllll:lbl~ ~anse lor Ihe inspecliQll. 10. Condemnation. The proceeds of :my :wiard hr claim for dainagcs, direct or consequential. in conneclion wilh ilny comlcmJlation or olher laking of any part or Ihe Pcoperty. or for cOllveyance in lieu of com.lcmnalioJ1, me hereby assigned amI shall be paid to Lender. In the event of a lotaltaking of Ihe Property, Ihe procccds shall be applied 10 the sums securcd by Ihls Security 11Istrumellt, whethcr OT nol then due, wllh any e~ccss paid 10 Burrowcr. In tbe evelll 01 .\ parlial laking of Ihe Property in which the lair markel value of Ihe Property immediately bclore Ihe taking is equal 10 or grealer Ihan the amount 01 Ihe sums secured by Ihis SccurilY Inslrument immedialely belore Ihe taking, unless Dorrower and Lender otherwise agree in wriling, Ihe sums secured by this Security Inslrument shall be rcduccd by Ihe amoulll of Ihe proceeds mulliplied by Ihe lollowing fraction: (a) Ihe total amount of Ihe sums sccured immedialely before Ihe laking, dividcd by (h) Ihe fair market value c;f Ihe Properly immediately bclore Ihe taking. Any balance shall bc paid 10 llorrower, In the evcnt 01 a parlial laking of the Property in which Ihe lair markel value 01 the Properly immediately belore the taking is less Ihan Ihe amount of Ihe sums secured immediately belore the laking, unless Dorrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied 10 Ihe sums secured by Ihis Securily Instrumenl whelher or notlhe sums are Ihen due. I! the Properly is abandoned by Dorrower, or iI, aller 1I0lice by Lender 10 Dorrower Ihatthe condemnor olfers 10 make an award or sellle a e1aim for damages, Dorrower fails to rcspond to Lender wilhin 30 days after Ihe dale the nOlice is given, Lender is authorized 10 collect and apply Ihe proceeds, al its oplion, either 10 restoralion or repair of the Property or to Ihe sums secured by Ihis Security Inslrument, whether or nOllhen due, Unless Lender and Dorruwer otherwise agree in writing, any applicalion 01 proceeds 10 principal shall nor e~lend or postpone Ihe due dale 01 the monthly paymenls referred to in paragraphs I alld 2 or change Ihe amount 01 such paymenls. II. Dorrower Not Released; Forhearanee By Lender Nol a Wainr, E~tcnsion 01 the lime for payment or modification 01 amorlizalion of Ihe sums sccured by this Securily Instrumenr grantcd by Lellder 10 any successor in inlerest of Borrower shall nol operale 10 release the Iiabilily of the original Dorrower or.Dorruwer's succcssors in interest. Lender shall not be required to commence proceedings againsl any successor in inreresl or reluse 10 e~lend lime for paymenr or olherwise modify amortizatioll of Ihe sums secured by this Sceurity Inslrument by reason of any demand made by Ihe original Borrower or Dorrower's successors in interest. Any forbearallce by Lender in ",ercising any righl or remedy shall nor be a waiver 01 or preclude Ihe cxcrcise 01 any right or remedy. 12. Successors and Assigns Dound; Joint and Several L1abilit)'; Co.signers. 11le covcnanls and agreements 01 this Security Instrumenl shall bind and belle fit the successors and assigns of Lender and Borrower, subject 10 the provisions 01 paragraph 17. Dorrower's covenants and agree men IS shall be joinl and several. Any Dorrower who co-signs this Securily Inslrumenr but does not exccute the Nole: (a) is co,signing this SecurilY Instrumenl only 10 mortgage, grant and convey Ihal Dorrower's inleresl in the Property ullder Ihe terms 01 Ihis Security Instrumenl; (b) is nor personally obligated to pay Ihe sums secured by this Securily Inslrumelll; and (c) agrees thaI Lender and any olher Dorrower may agree to e~lend, modify, forbear or make any accommodations wilh regard 10 Ihe terms 01 Ihis Seeurily Inslrument or Ihe Note without that Dorrower's consent. IJ. Loan Charges. II Ihe loan secured hy Ihis Securily Inslrumenr is subject 10 a law which sets maximum loan charges, and thaI law is finally inlerpreled so Ihat the inlerest or OIher loan charges collected or to be collected in conneclion with the loan c~ceed the permiued limits, Ihen: (a) allY such loan charge shall be reduccd by the amounr necessary to reduce the charge' . '" to Ihe permillcd Iimit;:and (b) any sums-alrc.'~y collecle~ fcom Dorrower >vhich'eX1:eeded 'pennilled HAlils will be refunded 10 .': Dorrower. Lender maY choose to make this relund by reducing Ih~ principal owed under Ihe Note or by making ~ dircct' paymenl 10 Dorrower. If a relund reduces principal, Ihe reduction will be Ircatcd as a partial prepayment withoul any prepayment charge under the Nole. 14. Notices. Any nOlice to [Jorrower provided lor in Ihis Securily Inslrumenl shall be given by delivering it or by mailing it by first class mail unless applicable law requires use 01 anolher mcthod. 11le nOlice shall be directed 10 the Property Address or any other address Dorrowcr designales by nOlice to Lender. Any nOlice to Lender shall be given by first class mail to Lcnder's address staled herein or anv other ,ddress Lellllcr designalcs by nolice 10 Borrower. Any notice provided for ill Ihis Securily Instrument shall be deemed 10 have bee~ given to Dorrower or Lender when given as provided in this paragraph, ts. Governing Law; Severability. This Security Inslrumenl sh,1I be governed by lederal law and the law 01 the jurisdiction in which lhe ProperlY is located. In Ihe evenl (hat any provision or c1:1Use of this Security Instrument or the NOle connicls with applicabte law, such connict shallnol arrCCI olher provisions 01 Ihis Security Inslrumenl or the NOle which can be given eHeel wilhout lhe connicting provision. To this end the provisions or this Security Instrument and Ihe Note are declared to be severable. 16. lIorrower's Cop)', Dorrowcr shall be given one conlormed copy 01 the NOle and 01 Ihis Securily Inslrument. Form JOgJ9 J 9190 InItl'II'__~ , - ~ .6RIPAIIUIOI '" r'Q'"01 f\ . 17. Trllllsfer of lhe.Property ~r ~ lIenefi~I"llnterc.'I.ill Borrower. Jr all ~r any part of Ihc Properly or any interest in it IS sold: I Iran,ferr~d (or If" beoeficlallllleresl m norrO\~er I' sold or !ransfe~red alld Uorr~wer is nol a nalural persoo) withool Lemler s praor wrlllcn consenl, Lemler may. at lis opl1ol1. require IIllI1lCll1:lIc payment 10 full of nil sums secured by this :;c"uriIY InSlrumen!. However. Ihi, oplion ,hall "'II he exerei,ed hy Lender if exercise is prohibiled by federal law as of the dale of lhis Securily In'trumen!. . .' . Jr ~nder exer~'es,lhi, Dillion, '.Len~er ,shal,l ~ive Uorrow.e,r nOlicp ~f accderalion, The noliee shall provide a period of nol . less Ihan 30 days from the dale lh~ '\ollce IS dehvered or. mailed wllh~o ~hlch B~rrow~r ",usI pay ;Ohu~ secured by this' Security Inmumen!. If Borrower falls 10 pay Ihcse SlmlS prior 10 Ihe expllallon of IlllS period, Lender may invoke allY remedies . pcrrnitlcd by this Security Instrument withoUI further nolke or demand on Durro\\'cr. . 18. . Borr,mer's IU~h( Co neiostllle. If Borrower meel5 cerlain coodinon" Uorrowe, shall have lhe righl 10 have enforcemenl of lhis Security Inslnllnenl disconlioued at any lime prior 10 Ihe earlier of: (a) 5 days (or soch other period as applicable law lllqy specify for reinstalemenl) herore sale of Ihe Properly pursuant 10 aoy power of sole conlained in Ihis Sceurily IOSlrumellt; or (h) entry of a judgment enforcing lhis Securily hlSlrumen!. Those conditions arc thai Uorrower: (a) pays Lender all sums which lhcn would be due undcr Ihis Security InSlrumcnl and the Nole as if no acceleralion had occurred; (b) curcs any default of any olher coven an IS or agreemenl'; (c) pays all expen,e, incnrred in enforcing Ihis Securily InSlrument, including, bul nol limited 10, reasonable anomeys' fees; and (d) take's such action as Lender may reasonably' require to assure lhat the lien of this Security Instrumcnt, Lcnder's righlS in Ihe Propeny and norrower's obligalion to pay the ,urn' secured by lhi, SecurilY InSlrument ,hall cunlinue unchallged. Upon reillslalement by Borrower. Ihis Sccurity Instrument and Ihe obligations secured hereby shall remain fully erreclive as if no acccleration had occurred, Howcver. Ihis righl to reinSlale shall not apply in lhe case of aeceleralion under paragraph 17. 19. Sole of Note; Chonge of Loon Servlcer. The Nole or a panial inlerest in the NOle (togelher with lhis Securily Instrumenl) may be sold one or more limes Wilhoul prior notice 10 Borrower. A sale may rcsult in a change in the enlity (known as lhe "Loan Servicer") lhal colleclS monthly paymenlS due under Ihe Note and this Security Instrumen!. There also may be one or more changes of the Loan Servicer unrelaled to a sale of the Notc. Jr Ihere is a change of Ihe Loan Servicer, Borrower will be given wrinen nOlice of the change in accordance with paragraph 14 above and applicable law. The nOlice will Slate the name and address of the new Loan Servicer and the address 10 which paymelllS should be made. The notice will also conlain any olher illformation rcquired by applicable law. 20. Hazardous Substances, Borrower shall nol cause or permil the presence, use. disposal, storage, or release of any Hazardous SubSlances on or in the Properly. Borrower shall nol do, nor allow anyone else 10 do, allylhing affecling the Property lhal is in violalion of any Environmental Law. The preceding 111'0 sentenccs shall nol apply to lhe presence, use, or Slorage on the Properly of small quantities of Hazardous SubSlances lhat arc gencrally recognizcd to be appropriate 10 normal residenlialuses and to mainlenance of lhe Propeny.. " Borrower shall promplly give Lender wrinen notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party illvolving lhe Property and any Hazardous Substance or Environmental Law of which Borrower has aclual knowledge. Jr Borrower learns, or is notified by any governmental or regulalory aUlhority. thai any removal or olher remedialion of any Hazardous Substance affC<:ling Ihe Propcrly is necessary, Borrower shall promptly lake all nccessary remedial aclions in accordance wilh Environmental Law. As uscd in lhis paragraph 20, "Hazardous SubSlances' arc lhose substances defincd as loxic or hazardous subSlances by Environmenlal Law and the followillg subSlances: gasoline, kerosene, olher Ilammable or loxic pelroleum producls, toxic peSlicides and herbicides, volatile solvcnlS, malcrials conlaining asbcslos or formaldehyde. and radioaclive materials. As used in Ihis paragraph 20, "Environmenlal Law' mealls fcderal laws and laws of Ihe jurisdiclion where lhe Propcrty is located thaI rclate 10 heallh, safety or environmental prolection. NON-UNIFORM COVl:;NANTS. Borrowcr and Lender furlher covenant and agree as follows: 21. Acceleration; nernedic... Lender shall give notice to Borrower prior 10 Ileceleration rollowing Borrower's breach of allY covenanl or agreement In this Securily Instrument (hut not prior 10 nceeleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrol\er or, among other lhings: (a) Ihe default; (b) the action required to cure Ihe default; (c) when Ihe dcfault must he cured; and (d) that failure 10 cure the default as specified mal' result In acceleration of the 51m" secured by this Sc<:urily Instrument, foreclosure by judicial proceeding and sale of the 'I'rop.~rtl'." LClIfJ~r s.Ij~II. rurther ir!for~' ll,or(o'Yer ~f.tJle righUo r~instat~ after ~cc!leration ~I!!i t1~e righlto n$Sort in the foreclosure proeeedmg Ihe non-eXIstence of a d.tauh or an)' other (lefense of'Borrowtr lobceelerallon and rorcclnsurc'. If the default is nol cured as specified, Lender, atll. option, may require inllnediate pa)'ment In full of all sums secured hy this Securit)' Instrument without further demand and ma)' fureclose thi. Secority Instrument by judicial proceeding, Lender shall he entitled to collect all e'pensc.. Incurred in pursuin~ the remedies provided In this paragraph 21, includin~, hul notlimilcd to, allorne)'S' fec.. and costs of tille nidcnce to the extent permilled h)' applicable law. 22. nclease. Upon paymenl of all sums secured by Ihis Security In,trument, this Sccurily Instrument and Ihe estale convcyed shalllcrmillate and bccome void. Mtcr such occurrence, Lender shall discharge and salisfy this Securily 11ISlrumcnl wilhoUl charge to Borrower. Borrower shall pay any recordation costs. 23. Wail-crs. Borrowcr, to Ihe exlcnl permillcd by applicable law, waive, and relea,es any error or defects in procecdings III enforce lhis Securily Inslrument, and hcreby \nives the benefil of any pre,em or fUlure laws providing for stay of execution, c~tcnsion of time, e~crnption from allachmcnl. levy ami sale, :uuJ homestead exemption. 24. Itcinstatement Period. Borrower's time (0 reinstate prO\:idcu in paragraph 18 shall extend to one hour prior to Ihe commencement of bidding at a sherifrs sale or olher sale pursuanlto Ihis Security InSlrumen!. 25. Purchase MOIlCl' Mort~a~e. If any of Ihe debt secured by Ihis Securily 11Istrument is lem to Borrower 10 acquire litle 10 Ihe Properly, Ihis Sccurity Instrument ,hall hc a purchase money mong>ge, 26. Interc..t nnle After Judgmen!. Ilorrower agrees Ihatthe intere't rate payable afler a judgment is enlered on the NOle or in an aelion of mongage foreclo,ure shall he the rale pa)'able from lime to lime undcr the Note. ~ .6nlPA) I~Hl01 ~ ".g.5 III 8 Form 3039 9/90 ,,,.... Ii /J) I a. " ~~,...,j R:- N . do hereby certify that the correct address of -oq'5:J '-.N~'nv.J,J.J.J c., t-- Dr 'Ii c.~ "TQ.........Pf\ ~ L :;~\oICO iw--. day of~.AS \C'p ~ " ,. . . Aglnt orJolong.g:c '.' . :ti~GM\;~ " co~nty::"" ," . " '; -r-lt'\ day of ~e..b lqq(o ,before me,the undersigned officer, e.,\-\e.r 6e.ntc- <.\ LI....'OrIl {3, 6~tL known to me (or satisfactorily provell) to be Ihe person 'So whose name <; f'<.-e.....subscribcd to the .whhin illstrumelll and ac Q.,wledged lhal -\~ execulcd Ihe same for the purposes herein comained, ) I ~ /) I, I. ~ ..11 _ IN W~T~ESS "':HEREOF, I hereumo sel my halld and offic~ ' . u2J1'W) Vy "^-.JL/'.-. My CommISSIon ExpIres: , '. . . ..,. ..-, ." . ' .' , '" .' " ......... '0' ." , ",' . . . " , , 27, Rldcrs i~ lills S~c~rlty 1n.5tr~m;,nl: li'o~e or more riUers'are execuI~d by B~rr'ower and recorded t~gether with'lhis Sccurity Inslrument, the covellanls and agrcemellls of cach such rider shall be incorporated into and shall amend and supplement Ihe covenanls and agreemems of Ihis SecurilY Inslrumenl as if lhe rider(s) were'a pari of this SecurilY Inslrument. [Check applicable box(es)J o Adju'slable Rale Rider o Graduated Payment Rider o Balloon Rider o V.A. Rider D COlldvminium Ridcr D Planned Unit Dcvelopment Rider D Rate Improvemem Rider D Olher(s) (specify] o 1-4 Fa!"i1y Rider , o Biweekly Payment Rider o Second lIome Rider BY SIGNING BELOW, Borrower accepls and agrees to Ihe terms and covenallls contained in this Security Instrument and in any rider(s) execuled by Borrower and recorded wilh il. Witnesses: ~d'# A~ /?.' RONALD RITTER BENTZ~ ~Itt~ ~ ~ lUANN B BENTZ (Seal) .Borrower (Seal) .Borrower (Seal) -Borrower (Seal) -Borrower Certificate of Residence I, I the within-named Mortgagee is Witness my hand this " .: ".~ . . . ". . ' COMMONWEAL TII OF PENNSYLVANIA, On this, the personally appeared ~F\tC\ cQ .6nIPAII94101 .. Nolanal Seal L\'II A Flnkonblndol, NOI"l'Y PubllC, ' T P Oa'(5)h," coun y Lower Pa'tton w ., 4 1996 Tille or Officer Yv commIssion Ell(\lr8S eG. t . P '''"alU<.l ~oon 01 t-hl.'\floS rag.' 011 f;At'lTber. eons,.. Form 3039 9190 . .. ~. .,. ., '. ALL t\la.t l1t' of lan~ w1th the 1111prOYOmento thoreo~,.oroo,tO'd .~: ,u,~ ~ '. llI\c1, d08~t:11Ied 00 f?-~l~WO! ' , , " ' , :. ,.;. ..' : I j' . ON 1ih~ ~~U'h ~',y /lo'~~h 'Hon'byer Strol,~J';';; ~he ~;8t:by)rbpit~t .' \~", .... ,p1' .~ormbrl~ of aeorge W., Wolf an,c1 ~1Col oh,t~~ 1I0rth,'b:,: a~Q le~~ , : '. , ancl on the ,Eoot by property now or formeriy ~1' Benjam1n W. n ttrlJ I ' . . 'I ' .' , "1 ' having a fiontagO o~ l~ feet, moro or lOO~. on Ilorth Ilono.voi': tl 8.~ . and oxtendl,nli: 1n do~th 120 toot, maI'O or /.100, to tho alley' I; ,1,,' , North a~d b;o1ng imp~OYed with tho Weotorn\al1' or (l'tlIo,'Md'" lll' of " ot,ory frame, double ~well1ng houoe" the Eo~tern boundarl.'11n~!'~ J;: lot he~~1n ~Ony~yed 'runn1ng thro~gh tho d~v1010n wall betw.~, b1e ,Jw; parto o~ oa~d dwell~ng house, and be1Ps:+wn ~B '~~~ ~~~ ;l~~~ ~,I' ':1',",: HanoYor ,Street. , . ; ','.,'.. "[, ; ;': . I.. : ....1..._.._.... tr' 0'\ BEIlla 'l'~CT! NO.1 or the samo propert1u ~h1Ch Benjami~'W, R1 .( :1".- et ux., granted ancloonveyed to .Benjamin W. H1t-ter and Betty 'R ttu', 'i .' ' '. ':" >. t :1"'" his w1fe, grantore herein, by c1eed, d~ted ~eptemb8r 26th, ~966 Q f...' oord,sd in tto orrioo: of ,the lIecorderot D~odo~,.ror, o~~o~i.~~, d" +,,: iJ, :; 1n DOlc! ~oo'r' "0", Vol. 22, P~ge 1113. ,1,;' ';;:f:,";' i' {l~', ", . . , . " ,': " I 'I.. . .. . ..~ I . , " '.:'..... . ". , . " .... ;." " , , .,.. . ~:. '.~ :....,. .... . '.. , '. ,')',: , . " ~'. ... .. :-f ......"'.. . . .. '. ~~. .. .' , -, t. '. '. . . -,' . . . " '. ,.... " ACT 91 NOTICE TAKE ACTION: TO SAVE... YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's - .'- - . . Homeowner's Emergency Mortgage Aseijtaiicj,-::--;-- . ,:-: Program may be able to help you. Read the attached notice to find out how the program works. . -~ ~'" . ... _.. .0_ ..... .'. n'.".;". :.'_' ~ If you need more information call the I Pennsylvania Housing Finance Agency at 1(800)342-2397 LA NOTIPICACION EN ADJUNTO ES DE SOMA IKPORTAHCIA, PUBS AFBCTA SU DERBCBO A CONTINUAR VIVIBNDO EN SU CASA. SI 1110 COMPRBNDE EL COHTBHIDO DE ESTA NOTIPICACIOll OBTBNGA UNA TRADUCCION IHllBDIATAXBNTB LLADHDO ESTA AGBNCIA (PENNSYLVANIA HOUSING PIDHCB AGBHCY) SIN CARGOS AL HUKBRO MBHCIONADO ARRIBA. PUBDES SER ELBGIBLB PARA UN PRESTAHO POR EL PROGRAMA LLAMADO -HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM- EL COAL PUBDE SALVAR SU CASA DE LA PERDIDA DEL DERECBO A RBDIMIR SU HIPOTECA. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE ,. WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND ' HELP YOU MAKE FUTURE MORTGAGE PAYMENTS RE: Account No. Property Address: 613607PFB 442 North Hanover Street Carlisle, PA 17013 TO: Luann Bentz 442 North Hanover Street Carlisle, PA 17013 FROM: O'KEEFE, GRENEN & BIRSIC, P.C., ONE GATEWAY CENTER - NINE WEST PITTSBURGH, PENNSYLVANIA 15222 ATTORNEYS FOR INDUSTRY MORTGAGE ...... ...... - ....- -- COMPANY, L.P. DATE: April 3, 1997 You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible ,for emergenCYctemporary.- assistance if your default has been caused by circumstances'" C' ' beyond your control, you have a reasonable prospect of resuming your mortgage payments and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice. no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of the lender's representative is: 3450 Buschwood Drive Suite 250 Tampa, FL 33618 Attention: Eugene Yuvinco or Dawn Bissen Telephone Number: (800) 469-4244 The names and addresses of the designated consumer credit counseling agencies are attached. It is only necessary to schedule one face-to-face meeting. You should advise the lender immediately of your intentions. YOUR MORTGAGE IS IN SERIOUS DEFAULTubecause you have-not' - made the monthlv payments of S434.60(eachl for the months of October. 1996 through March. 1997. The total amount required to cure this default as of the date of this letter is $2.607.60. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It i. extrsmely important that you file your application promptly. If you do not do .0, or if you do not follow the other tiae period. .et forth in thi. letter, foreclo.ure may proceed again.t your home immediately. Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requiremer.ts set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, P.O. Box 8029, Harrisburg, PA 17105. Telephone No. (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call 1-800-342-2397. In addition, you may receive another notice from the lender under Act 6 of 1974, That notice is called a "Notice of Intention to Foreclose". You must read both notices since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Very truly yours, ~ e~_ ,-_ Charles C. Casalnova . ~ ..!-. .. FIRST CLASS MAIL, POSTAGE PREPAID THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. f'.t::_...;.7''n~:~ . , ACT 91 NOTICE TAK.E ACTION, TO- .SAVE-"::: YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's - .' - HomeoWner IS: EDi.el:gency Mortgage Assi s tanc'e-" - Program may be able to help you. Read the attached notice to find out how the program works. '. j- .;..". -.. - - - - . -. -. - - - - . - - _ . __ _. n___ -. . ~.r.-_.-.- If you need more information call the Pennsylvania Housing Pinance Agency at 1(800)342-2397 LA NOTIP'ICACION BN ADJlJJITO BS DB SUIIA IKPORTANCIA, PUBS AP'BCTA SU DBRBCHO A CONTlHUAR VIVIBNDO BN SU CASA. SI NO COKPRBNDB BL COln:ul.I.uu DB BSTA NOTIP'ICACION OBTBNGA UNA TRADUCCIOH INKBDIATAKBHTB LLUIANDO BSTA AGUCIA (PBNNSYLVDU HOUSING P'INANCB AGBNCY) SIN CARGOS AL HUMBRO MBHCIONADO ARRIBA. PUBDBS SER BLEGIBLE PARA UN PRESTANO POR EL PROGRAMA LLAMADO "HOMEOWNER I S EMERGENCY MORTGAGE ASSISTANCB PROGRAM" EL COAL PUBDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EME~GENCY ..1:I.QgT.q,AGE ASSI~TAN!=E PROGRAM. PLEASE READ THI::; '~OTICE . '.':' - YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS RE: Account No. Property Address: 613607PFB 442 North Hanover Street Carlisle, PA 17013 TO: Ronald Bentz 442 North Hanover Street carlisl~.. PA 17013 "_r _ _ -' ~. . --.- . . - --... FROM: O'KEEFE, GRENEN & BIRSIC, P.C., ONE GATEWAY CENTER - NINE WEST PITTSBURGH, PENNSYLVANIA 15222 A'ITORNEYS FOR INDUSTRY MORTGAGE COMPANY, L.P. DATE: April 3, 1997 You may be eligible for financial assistance that will prevent foreclosure on-your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act. ' of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been cauoed by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this m~eting. The name, address and telephone number of the lender's representative is: 3450 Buschwood Drive Suite 250 Tampa, FL 33618 , Attention: Eugene Yuvinco or Dawn Bissen Telephone Number: (800) 469-4244 . ,- ". -....--....- The names and addresses of the designated consumer credit counseling agencies are attached. It is only necessary to schedule one face-to-face meeting. You should advise the lender immediately of your intentions. YOUR MORTGAGE IS IN SERIOUS DEFAULT because you have not made the monthly payments of S434.60reachl for the months of October. 1996 throuah March. 1997. The total amount required to cure this default as of the date of this letter is $2.607.60. .. ..~_... . : - --" --.. - If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It i. extremely important that you file your application prCllllptly. :J:f you do not do .0, or if you do not follow the other tt.e perioda .et forth in thi. letter, forecloBUre..y proceed againet your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. Emergency Mortgage Assistance Program, the Lender may also instruct its attorneys to start a lawsuit to foreclose your mortgaged property. If the mortaaae is foreclosed. your mortgaged property will be sold by the Sheriff to payoff the mortgage debt. .You will have the right to assert in any foreclosure proceeding the non-existence of a default or any other defense that you may have to acceleration or foreclosure. If the Lender refers your case to its attorneys, but you cure the default before they begin legal proceedings, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00, in order to cure the default. However, if legal proceedings are started, in order to cure the default you will have to pay the reasonable attorney's fees, actually incurred, even if they are over $50.00, and you may also be required to pay the Lender's reasonable costs. If you cure the default within the thirty-day period. you will not bP- required to pay attorney's fees. If you h~ve not cured the defa~lt within 'the thJ[rty-day period and foreclosure proceedings have begun, you still have the riaht to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of overdue payments plus any late or other charaes then due. as well as the reasonable attorneys' fees and costs connected with the foreclosure sale, and performing any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 180 days from the date of this notice. A notice of the date of the Sheriff's sale will be sent to you before the sale_ of course, the amount needed to cure the default will .increase the longer you wait. You may find out at any time exactly what the required payment will be by calling the Lender at the following number: 800-469-4244. This payment must be in cash, cashier's check, certified check or money order and must be made payable to the Lender at the Lender's address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITOTION TO PAY OFF THIS DEBT. CONTACT THE LENDER TO DBTBRMINE WHBTHBR OR NOT A BUYER OF TRANSFEREE MAY BE ALLOWED TO ASSUME THE MORTGAGB DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU RECEIVE A SEPARATE NOTICE ABOUT THAT PROGRAM. O'Keefe, Grenen & Blrslc, P.c. One Gateway Center NIne West PIIUbufih, Pennsylvania 15222 Telephone (412) 281.5197 Fax: (412) 281.7657 . :..-...... .< - _. - . .- -- April 3, 1997 Ronald Bentz 442 North Hanover Street Carlisle, PA 17013 Re: Notice of Intention to ForecloBe Mort9age.: ..::~! !,".-.~..:, !..:.:.,- I~~l~!:''''' Account No. 613607PFB Dear Mr. Bentz: The MORTGAGE held by Industry Mort9age Company. L. P. hereinafter "the Lender") on your property located at 442 North Hanoyer Street. Carlisle. PA 17013 IS IN SERIOUS DEFAULT because ~Q~ haye ~~t made the monthly nayments of S~3~_60(each) for the ;;;onths of October. 1996 through March. 1997.' The total- 'amount.'':'' --' required to cure this default as of the 'date -of this -letter is" $2 607 60 . .. .;....:.~... . . - . ' You may cure this default within THIRTY (30) DAYS of the date of this letter. by pavinq to the Lender the above amount of S2.607.60. nlus any additional amounts which may fall due dnrina this neriod. Such payment must be made either by cash, cashier's check, certified check or money order, and made at 3450 Buschwood Park Drive. suite 250. Tampa. FL 33618. If you do not cure the default within THIRTY (30) DAYS the I~nder intends to p~ercise its riQht to accelerate the mortgage payments, subject to any additional rights you may have under the Homeowners' Emergency Mortgage Assistance Program. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount in default is not made within THIRTY (30) DAYS, then, subject to any additional rights you may have under the Homeowners' Emergency Mortgage Assistance Program, the Lender may also instruct its attorneys to start a lawsuit to foreclose your mortgaqed prooerty. If the mortqage is foreclosed. your mortgaged property will he sold by the .Sheriffto pay off themort9a~e debt. You will have the right to assert in any foreclosure proceeding the non-existence of a default or any other defense that you may have to acceleration or foreclosure. If the Lender refers your case to its attorneys, but you cure the default before they begin legal proceedings, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00, in order to cure the default. However, if legal proceedings are started, in order to cure the default you will have to pay the reasonable attorney's fees, actually incurred, even if th~y are over $50.00, and you may also be required to pay the Lender's reasonable costs. If you cure the default within the thirty-day period. you will not be required to pay attorney's fees. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale, You may do so by paying the total amount of overdue payments plus any late or other charges then due. as well as the reasonable attorneys' fees and costs connected with the foreclosure sale, and performing any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 180 days from the date of this notice. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the'amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling the Lender at the following number: 800-469-4244. This payment must be in cash, cashier's check, certified check or money order and must be made payable to the Lender at the Lender's address stated above, You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. CONTAcr THE LENDER TO DETERMINE WHETHER OR NOT A BUYER OF TRANSFEREE MAY BE ALLOWED TO ASSUME THE MORTGAGE DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY AcrING ON YOUR BEHALF _ YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU RECEIVE A SEPARATE NOTICE ABOm THAT PROGRAM. .." I' i I: , VERIFICATION The undersigned, a duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to the best of his/her information and belief. N " ,') . - \ ~ .".., >- r-- ..j '1 ~ cr; ~ ~ i=-'- i~ ~ .' ).~ ~~ ' . ~ " ~ fE.- a:: ': .~ '0 ~ .~ I gf ..;.j -~ ,\.0 cn . ":" UIL-- I ,.-, .. J;) u.\~ >- " ""- .:.] "A i.' Ool:': ~ ~ 1- ~ ", r- ':i 0-....1. ~ ~ U G' :J \S< - <.:::.J 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CIVIL DIVISION INDUSTRY MORTGAGE COMPANY. Plaintiff. ) NO.: 97-02485 Civil Term ) ) ISSUE NO.: ) ) lYPE OF PLEADING: ) ) Praecipe to Settle and Discontinue ) without Prejudice ) ) FILED ON BEHALF OF PLAINTIFF: ) ) Industry Mortgage Company ) ) COUNSEL OF RECORD FOR THIS ) PARlY: ) ) Kristine M. Faust, Esquire ) Pa. I.D. No.: 77991 ) ) GRENEN & BIRSIC, P.c. ) ) One Gateway Center ) Nine West ) Pittsburgh. PA 15222 ) (412)281-7650 ) ) vs, RONALD RITTER BENTZ and LUANN B. BENTZ, Defendants. ~'. c', r , -" c~ /- --l..~ )';.~ }..-- : :-- .-j >: " (J; I ~-~ " cl 'l" ~:. '-:" _J l,)