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HomeMy WebLinkAbout97-03271 I/} I/} e <!J . -? . ~ 1 \ is \~ Z / J € fll J - r ~ r0 .--""'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORWEST MORTGAGE, INC., CIVIL DIVISION Plaintiff, NO.: vs. DANIEL L. GROSS and JODIE L. GkOSS, Defendants. A VI SO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar aecion dentro do 105 proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una compercncencia eserita y redicanco en la Courte por escrito sus defensas dc, y objecciones a, 105 demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anlerionnenle, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaeion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usled puede perder dinero 0 propieded u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO 1M MEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME A V A 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 \7013 Phone (7\7) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOR WEST MORTGAGE, INC., CIVIL DIVISION Plaintiff, NO.: 47-3J.7( ~T~ VS. DANIEL L. GROSS and JODIE L. GROSS, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Norwest Mortgage, Inc., by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Norwest Mortgage, Inc., which has its principal place of business at 405 SW 5th Street, Des Moines, Iowa 50328. 2. The Defendants, Daniel L. Gross and Jodie L. Gross, are individuals whose last known address is 1207 Lambs Gap Road, Mechanicsburg, Pennsylvania 17055. 3. On or about August 16, 1995, Defendants executed a Note in favor of Plaintiff in the original principal amount of$97,260.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about August 16, 1995, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in thl' original principal amount of $97,260.00 on the premises hereinafter described, with said Mortgage being recorded in the Office ofthe Recorder of Deeds of Cumberland County on August 18, 1995, in Mortgage Book Volume 1277, Page 618. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendants are the reeord and real owners of the aforesaid mortgaged premises. 6. Defendants are in dcfault under the ternlS of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about January 13, 1997, Defendant was mailed Notices of Homeowners' Emergency Mortgage Assistance Act of 1983, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act9 I of 1983. A true and correct copy of said Notice is marked Exhibit "C", attached hereto and made a part hereof. 8. On or about January 13, 1997, Defendants were mailed Notiees ofIntention to Principal Interest through 3/31/97 Escrow Advances Late Charges Other Fees and Costs Attorney's Fees Title Seareh and Costs $96,201.21 $ 3,848.04 $ 103.13 $ 167.92 $ 99.75 $ 800.00 $ 2.500.00 Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. * I 01, et seq. A true and correct copy of said Notiee is marked Exhibit "0", attached hereto and made a part hereof. 9. The amount due and owing Plaintiffby Defendants is as follows: TOTAL $103,720.05 plus interest on the principal sum ($96,201.21) from March 31, 1997, at the rate of $21.38 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fces and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of$103,72(l.05, with interest thereon at the rate of $21.38 per diem from March 31. 1997, plus additional late chargcs, and costs (including additional cscrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premi!es GRENEN & BIRSIC, P.C. BY; c A. Dietteri k, Esquire Attorneys for Plaintiff PA J.D. # 55650 4076 Market Street Suite 210 Camp Hill, PA 17011 (717) 975-3379 THIS IS AN A ITEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.. t "-.. . .. .... .. . -..-... .' '\~ ... , EXHIBIT "A" '. . "0. . .... " FIIAN-UJ~U-l ( NOTE (" . FHA Case No. Mullistate 441-5043868 AUClUST 16. 1995 10"'1 1207 LAMB9 ClAP ROAD. MECHANIC9BURCl. PA 17055 (Prnperty ^"hln:ul 1. PARTIES "Borrower" means each person signing atlhe end of Ihis NOle, and Ihe person's successors and assigns. "lender" me:ms NOR~EST MORTGAGE, INC. and ils successors and ",signs. 2. OORROWER'S PROMISE TO PAY; INTEREST In return for a lo:m received from lender, Borrower promises 10 pay the principal sum of NINETY SEVEN THOUSAND TWO HUNDRED SIXTY AND 00/100 Dollars (U.S. S .... *97 ,260.00 ), plus inleresl, 10 the order of lender. Interesl will be charged on unpaid principal, from the dale of disbursemenl of the lo:m proceeds by lender, allhe rale of EIGHT per cent ( 8.000 %) per year unlillhe full amounl of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of lrust or similar securily inslrumentthat is daled Ihe same dale as this NOle and called the" Securily Instrumen!." Thai Securily Inslrumenl prolects Ihe lender from losses which might resull if Borrower defaults under this Nole. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interesl 10 lender on Ihe firsl day of each monlh beginning on OCTOBER 1ST , 1995 . Any principal and inlerest remaining on Ihe firsl day of SEPTEMBER 2025 , will be due on thaI dale, which is called the "Malurily Dale.. (0) Pldce Payment shall be made at NORWIlST MORTGAGE INC... P.O. BOX 5137. DES MOINES. IA 503065137 or al such olher place as lender may designale in writing by nOlice !o Borrower. (C) Amount Each monlhly payment of principal and inleresl will be in the amounl of S ...... "713.66 . This amount will be part of a larger monthly paymenl required by Ihe Securily Inslrumenl, Ihal shall be applied 10 principal, inlerest and olher items in Ihe order described in the Security Instrumen!. (0) Allon~e 10 this Nole for payment adjuslments If an allonge providing for paymenl adjuslments is execuled hy Borrower logelher wilh this NOle, Ihe covenants of the allonge shall be ineorporaled inlo and shall amend and supplemenlthe covenanls of Ihis Nole as if Ihe allonge were a pari of this Note. [Check applicable boxl DGradualed Payment Allonge DGrowing Equily Allonge DOlher [specify) S. nORROWER'S RIGlrr TO PREPAY Borrower has Ihe righllo p"y Ihe deb I evidenced by Ihis Nole. in whole (1f in part, wilhout charge or penalty, on the firsl day of any monlh. <D: .fR ("0'101 .. P.O- 1 nl 2 v,",p MORTGAGt' fonMS I!lOOIS21 7291 FIlA Mullidalt Flud RAle Nole. 2/91 'nW.I, l-'liA"'.UJ:lU-" (' 6. BORROWER'S FAILURE TO i (A) Laic Charge ror Overdue PaymenlJ If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of Ihis NOle by the end of fifteen calendar days after the payment is due, Lender may collect a laic charge in the amount of FOUR per cent ( 4.000 %) of the overdue amount of each payment. (8) lJefault If Borrower defaults by failing 10 pay in full any monlhly payment, Ihen Lcnder may, except as limited by regulations of the Secretary in Ihe case of payment defaults, require immediate payment in full of Ihe principal balance remaining due and all accrued inlerest. Lender may choose not 10 exercise Ihis option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediale payment in full in the case of payment defaults. This NOle docs not authorize acceleralion when not permilted by BUD regulalions. As used in this Note, "Secretary" means Ihe Secrelary of Housing and Urban Developmenl or his or her designee. (C) Paymenl of Cosls nnd Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay cosl< and expenses including reasonable and cuslomary altomeys' fees for enfnrcing this NOle. Such fees and cnsls shall bear inlerest from Ihe dale of disbursement at the same rale as the principal of this Nole. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presenlment and nolice of dishonor. "Presentment" means Ihe right to require Lender to demand payment of amounls due. "Nolice of dishonor" means the right to require Lender to give notice to olher persons Ihat amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different melhod, any notice Ihat must be given 10 Borrower under Ihis NOle will be given by delivering it or by mailing it by first class mail to Borrower at the properly address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Nole will be given by first class mail 10 Lender atlhe address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in Ihis Note, including the promise 10 pay Ihe full amount owed. Any persun who is a guarantor. surely or endorser of this NOle is also obligaled to do these things. Any person 'Nho takes over these obligalions, including the obligations of a guarantor, surety or endorser of Ihis Nole, is also obligaled 10 keep all of the promises made in this Note. Lender may enforce its righls under this Nole against each person individually or against all signalories logelher. Anyone person signing Ihis NOle may be required to pay all of the amounts owed under this Nole. BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenanls contained in this NOle. .5J<~,J,..p ~"'"_/ (Seal) \ '- f\(\ 1, l DANIEL L. GRO~ .nnrrnwer JODIE L. GROSS -.. ~I e,: 11'".J..r:I , (Seal) .l1nrnlwer (Seal) (Seal) -Dnrrnwer .norrnwer 0.1RI9\01102 .~ p'QfI2"r2 I ( TOGETHER WITH all Ihe if., Jvemenls now or hereafler erecled on Ihe ~ropcrly, and all easemenls, righls, ,'ppurtenances. renls, royallies, mineral, oil and gas righls and prolits, waler rights and slock and alllixlures now or hereafler a part of Ihe property. All replacements and addilions shall also be covered by Ihis Security Inslrumenl. All of Ihe foregoing is referred 10 in this Security Inslrumenl as Ihe "ProperlY." BORROWER COVENANTS that Borrower is lawfully seised of Ihe estale hereby conveyed and has Ihe right 10 mortgage, granl and convey Ihe Property and Ihal Ihe Property is unencumbered, excepl for encumbrances of record. Borrower warrants and will defend generally Ihe Ii lie to Ihe Property agaiosl all claims and demands, subjecllO any encumbrances of record. 1. Payment of Principal, Inlerest and LaIc Charge. Borrower shall pay when due Ihe principal of, and inlerest on, Ihe deb I evidenced by the Nole and late charges due under Ihe Note. 2. Monthly Payment of Taxc.s, Insurance and Olher Chargc.s. Borrower shall include in each monlhly payment. togelher wilh Ihe principal and inleresl as sel forth in Ihe Note and any laic c,,"rges, a SUIll for (a) laxes and special assessmenlS levied or 10 be levied against Ihe Property, (b) leasehold payments or ground renlS on Ihe Property, and (c) premiums for iosurance required under paragraph 4. In any year in which Ihe Lender mU'1 pay a mortgage insurance premium 10 the Secrelary of Housing and Urban Developmenl ("Secretary"), or in any year in which such premium would have been required if Lender slill held the SecurilY lnslrument, each monthly payment shall also include either: (i) a sum for Ihe annual mortgage insurance premium to be paid by Lender 10 Ihe Secretary, or (ii) a monthly charge inslead of a mortgage insurance premium if Ihis Securily lnstrumenl is held by Ihe SecrClary, in a reasonable amounl 10 be delermined by Ihe Secretary. Excepl for Ihe monlhly charge by Ihe Secrelary, Ihese items are called "Escrow lIems" and Ihe sums paid to Lender arc called "Escrow Funds." Lender may, 01 any time, collccl and hold amounls for Escrow !Iems in an aggregate amounl not 10 exceed Ihe maximum amounl thai may be required for Borrower's escrow account under Ihe Real Eslale Senlement Procedures ACI of 1974, 12 U.S.C. Section 260l el seq. and implementing regulalions. 24 CFR Part 3500, as Ihey may be amended from lime to time ("RESPA "), except Ihat Ihe cushion or reserve permined by RESPA for unanlicipated disbursements or disbursements before Ihe BorrolYer's payments arc available in Ihe account may nol be based on amounls due for Ihe mortgage insurance premium. If Ihe amounls held by Lender for Escrow !Iems exceed Ihe amounls permined to be held by RESPA, Lender shall deal wilh Ihe excess funds as required by RESPA. If Ihe amounts of funds held by Lender 01 any lime arc nol sufficient 10 pay the Escrow !Iems when due, Lender may nOlify Ihe Borrower and require Borrower 10 make up the shorlage or deliciency as permitted by RESPA. The EscrolY Funds are pledged as addilional security for all sums secured by Ihis Security Inslrumenl. If Borrower lenders to Lender Ihe full payment of all such sums, Borrower's account shall be creditcd with Ihe balance remaining for all installment ilems (a), (b), and (c) and any mortgage insurance premium inslallmenl thai Lender has nOI become obligated to pay 10 the Secretary, and Lender shall promptly refund any excess funds 10 Borrower. Immedialely prior 10 a foreclosure sale of the Properly or ils acquisition by Lender, Borrower's accounl shall be credited with any balance remaining for all installmenls for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: 6~ to Ihe mortgage insurance premium to be paid by Lender 10 the Secretary or 10 Ihe monthly charge by Ihe Secretary instead of Ihe monlhly mortgage insurance premium: Sscond, to any tases, special assessmenls. leasehold payments or ground renlS. and lire. nood and olher hazard insurance premiums. as required: Third, to inleresl due under Ihe Note: Fourlh, 10 amortizalion of the principal of the Note; Fiflh, to laic charges due under the Note. G .4RIPAI19~o51 .. Pol"" 2 nl8 1""'.11\. () Llr- - briod:~'" IALl filU " J/!(' referre<llo in paragraph 2, or chang{ amount of such payments. Any excess pr!. .s over an amount required to pay all ~utstanding indebtedness under Ihe Note and this Security Inslrument shall be paid 10 Ihe entity legally entilled Iherelo. 8. fees. lender may collect fees and charges authori7.ed by lite Secrelary. 9. Grounds for Acceleration of Debt. (a) Defaull. Lender may, excepl as limited by regulations issued by Ihe Secretary in the case of payment defaults, require immediate payment in full of all sums secured by Ihis Security Inslrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by Ihis Security Instrument prior to or on Ihe due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, 10 perform any olher ohligations contained in this Security Instrument. (h) Sale Without Credit Approval. lender shall, if permitted by applicable law ami with Ihe prior approval of lite Secretary, require immediate paymenl in full of all sums secured by Ihis Security Inslrument if: (i) All or part of Ihe Property, or a benehcial interesl in a lrusl owning all or pari of Ihe Property, is sold or otherwise transferred (other than by devise or descenl) by the Borrower, and (ii) The Property is not occupied by Ihe purchaser or grantee as his or her principal residence. or Ihe purchaser or grantee docs so occupy the Property bul his or her crcdit has not been approved in accordance with the requirements of the Secretary. (e) No Waiver. If circumstances occur that would permit lender to require immediate payment in full, but Lender does not require such payments, lender does not waive its rights with respect to subsequenl events. (d) Regulations of IIUD Secretary. In many circumslaoces regulations issued by lhe Secrelary will limit Lender's rights in the case of payment defaults to require immediale payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted hy regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees lhat should this Securily Instrument and the Note secured thereby not be eligible for insurance under the National Housing Act within 60 days from lhe date hercof, lender may, at its option and notwithstanding anylhing in paragraph 9, require immediale payment in full of all sums secured by this Security Inslrument. A written statement of any authorized agent of the Secretary dated subsequenl to 60 days from Ihe date hereof, declining 10 insure this Securily Instrument and the Nole secured Iherehy. shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, Ihis option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatemen\. Borrower has a right to he reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even afler foreclosure proceedings arc instituled. To reinslate the Security Instrumenl, Borrower shall lender in a lump sum all amounts required to bring Borrower's account current including, to the extent Ihey are obligalioos of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly a>sociated wilh the foreclosure proceeding. Upon reinstatement by Borrower, this Securily Inslrument and lhe ohligations Ihat it secures shall remain in effect as if Lender had nol required immediate paymenl in full. 1I0wever, Lender is not required 10 permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two yc;us immediately preceding the commencement of a current foreclosure proceeding, (ii) reinslalement will preclude foreclosure on different gronnds in Ihe fulure, or (iii) reinstatement will adversely affectlhe priorily of lhe lien crealed hy litis Security Instrumenl. I 1. Borrower Not Released; forbearance By Lender Not a Waiver. Exlension of Ihe time of payment or modification of amortiz.lIion of the sums secured by lhis Security Instrument granted by Lender 10 any succcssor in interesl of Ilorrower shall not operale to release the liability of the original Ilorrower or Borrower's successor in inleresl. Lender shall not be required 10 commence proceedings against any successor in interest or rcruse to c'lend time for payment or otherwise modify amortization of Ihe ,ums secured by this Security Inslrument by rcason of any demand madc by Ihe original Dorrower or Ilorrower's successor' in interest. Any forbearance by Lender in exercising any righl or remedy shall nol be a waiver of or preclude lhe exercise of any right or remedy. G .4R{PAII'~O~1 .. r.g"4nlft ".,..,,~ ....]I&.1 BOOK t:~'i'i I'm ri~ 1 , I 4. Fire, Flood and Other IIau. . [nsumnee, Borrower shall insure all improv<",enls on Ihe Property, whelher now in existence or subsequently ereeled, againsl any h:lJ'.ards, e.,ualties, and conlingencie,. including fire, for which Lender requires insurance. This in,urance shall be mainlained in Ihe amounts and for Ihc periods Ihal Lender requir... Borrower shall also insure all improvemenls on Ihe Properly, whelher now in exislence or subsequently erectcd, againslloss by noods 10 Ihe exlenl required by Ibe Secrelary. All insurance shall be carried wilh companies approved by Lendcr. The insurance policies and any renewals shall he held by Lender and shall include loss payahle clauses in favor of, and in a form acceptable 10, Lcnder. In Ihe evenl of loss, Borrower shall give Lender immediate nOlice by mail. Lender may make proof of Ims if nol made promplly by Borrower. Each insurance eompany concerned is hereby authoriled and direcled tn make payment for such loss direclly 10 Lender, instead of 10 Borrower and 10 Lender joinlly. All or any part of Ihe insurance prnceeds may be applied by Lender, al ils oplion, eilher (a) 10 Ibe reduclion of Ihe indebledncss under Ibe Nnle and Ihis Securily Inslrumenl, firsl 10 any delinquenl amounls applied in Ihe order in paragraph 3, and Ihento prepaymcnlnf principal, or (h) 10 Ihe re,loralion or repair of Ihe damaged Properly. Any application of Ihe proeeed, 10 Ihe principal shall nol "tend or pnstpone Ihe due date of Ihe monlhly payments which are referred 10 in paragraph 2, or change the amounlof ,uch paymenl'. Any esces< in,urance proceed, over an amounl required 10 pay all outstanding indehrcdness under Ihc NOle and Ihi, Sccurily In,lrumenl ,hall he paid to Ihe enlity lcgally entilled Ihereto. In Ihe evenl of foreclo,ure of Ihi, Securily In'lrumenl or olher Iran,fer of lille to Ihe Property Ihat eXlingui,he, Ihe indebledoess, all righi, Iille and imcresl of Borrower in and 10 in,urance policies in force shall pass 10 the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Properly; Borrower's Loan Application; Leaseholds. Borrower shall occupy, eSlablish, and use Ihe ProperlY as Borrower's principal rcsidcnce wilhin sixly days afler Ihe execulion of Ihis Securily Inslrumenl and shall continue 10 occupy Ihe Properly as Borrower's principal residence for al least one year afler the dale of occupancy, unless the Secrelary delermines Ihis requiremenl will cause undue hardship for Borrower. or unless eXlenualing circumslances exisl which are beyond Borrower's conlrol. Borrower shall notify Lender of any eXlenualing circumslances. Borrower shall nol commil waste or deslroy, damage or substaolially change Ihe Properly or allow Ihe Property to deleriorale, reasonable wear and lear excepted. Lender may inspe'l Ihe Properly if Ihe Properly is vaeam or abandoned or Ihe loan is in default. Lender may lake reasonable aelion 10 prolcct and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during Ihe loan application process. gave malerially false or inaecurale information or stalemems 10 Lender (or failed 10 provide Lender with any malerial information) in eonneelion wilh the loan evidenced by Ihe Note, including, but not limiled 10, represenlalions concerning Borrower's occupancy of Ihe Properly as a principal residence. If Ihis Seeurily Inslrumenl is on a leaschold, Borrower shall comply wilh Ihe provisions of Ihe lease. If Borrower acquires fee lille 10 Ihe Property, the leasehold and fee lille shall nol he merged unless Lender agrees 10 Ihe merger in wriling. 6. Charges to Borrower and Prolection of Lender', Rlghl' ill the Properly. Borrower shall pay all governmenlal or municipal charges, fines and imposilions Ihal arc not included in paragraph 2. Bnrrower shall pay Ihese obligations on time direelly 10 the entity which is owed Ihe paymen!. If failure 10 pay would adversely affecI Lcnder's inleresl in Ihe Properly, upon Lender's requesl Borrower shall promplly furnish 10 Lender receipls evidencing Ihese paymenls. If Borrower fails to make these paymenls or lhe payments required by paragraph 2. or fails 10 perform any other covenants and agreements contained in Ihis Securily Instrumenl, or Ihere is a legal proceeding Ihal may significantly affecl Lender's rights in Ihe ProperlY (such as a proceeding in bankruplcy. for eondemnalion or to enforce laws or regulations), Ihen Lender may do and pay whalever is necessary In protcel Ihe value of Ihe Properly and Lender's righls in the Properly, including paymenl of taxes, h",ard insurance and other ilems mentioned in paragr"ph 2. AllY amnunls disbursed by Lender under Ihis paragraph shall become .1n alhlilional debt of Bnrrower and be secured by Ihis Securily Instrumenl. These amounts shall hear inlerest from Ihe dale of dishulSClI1enl, atlhe NulC rate, and allhe option of Lender, shall be immediately due and payable. 7. Condemnation. The proCCCd5 of any award or claim for damages, lIirecl or consequential. in connection with :my condemnation or other laking of :my part of the Property, or for convcy;mcc in place of cOlH.lcmn:1lion, :lTC hcrchy assigned and shall he paid 10 Lender 10 Ihe e,lent of the full amounl of the indebledness thaI r<'lI1ains nnpaid under Ihe Nole and Ihis Security InSlrull1en!. Lender shall apply ,uch proceeds 10 Ihe reduelion of Ihe illlkhtedness uuder Ihe Nole and Ihis Seeurily Inslrument, nrsl 10 any delinquent amounls applied in Ihe order provided iu paragraph J, and Ihell to prepaymenl uf principal. Any Ocalion of the proceeds to lhe principal shall nol extend or pOl;lponc the due dale of the monthly payments, which :lrc . .4RtPAII~'5n'51 r.ln~ 1 "I fi "~Io'" _0l.:6- '" {'I'.J,l! bOO~ t:~'n fA(,[ "J!~ 12, Sueees.~ors and Assigns E d; Joint and Several LIability; CO-Slgnl' .'he covenants and agreemenlS of this ~ecurity Instrument shall bind and benefit Ihe successors and .....igns of lender and Borrower, subjecI to Ihe provisions of paragraph 9.b. Borrower's covenanls and agree men IS shall be joinl and several. Any Borrower who co.signs Ihls Security Inslrument but does not execule Ihe NOle: (.) is co.signing Ihis Security Inslrument only to mOrlgage, grant and convey that Borrower's inlerest in the Properly under the lerms of this Security Instrumenl; (b) is not personally obligaled 10 pay Ihe sums secured hy Ihis Security Instrument; and (c) agrees that Lender and any other Borrower may agree to eslend, modify, forbear or make any accommodations with reg.rd 10 Ihe terms of Ihis Securily Instrument or Ihe Nole wilhout Ihal Borrower's consen!. 13. Nollec.~. Any notice 10 Borrower provided for In Ihis Security Instrument sh.1I be given by delivering it or by mailing it hy first class mail unle.1S applicable law requires use of anolher method. The notice shall be directed 10 Ihe Properly Address or .ny other .ddress Borrower designales by no lice 10 Lender. Any notice 10 Lender shall be given hy first class mail to Lender's address stated herein or .ny address Lender designates by nOlice to Borrower. Any notice provided for in Ihis Security Instrumenl sh.1I he deemed to have been given 10 Borrower or Lender when given as providcd in this p.r.graph. 14. Governing LaIV; Severability. This Security InSlrument sh.1I be gnverned by federal l.w and the law nf the jurisdiction in which Ihe Property is located. In Ihe event thai .ny provision or cl.use of Ihis Security Instrument or the Nole connicts wilh applic.ble law, such connict sh.1I not affect other provisions of this Securily Instrumenl or the Note which c.n be given crfect wilhout the connicling provision. To this end Ihe provisions of Ihis Securily Instrument and the NOle arc declared to be severable. IS. norrolVer's Copy. Borrower shall be given one conformed copy of this Securily Instrumen!. 16. Assignment of Rents. Borrower unconditionally assigns and transfers to lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay Ihe rents to lender or lender's agents. However, prior 10 Lender's notice 10 Borrower of Borrower's breach of .ny covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of Ihe Property as truslee for Ihe benefit of Lender and Borrower. This assignment of renls constilutes an absolule assignmenl and not an assignment for additional security only. If lender gives notice of breach to Borrower: (a) all rents received hy Borrower shall be held by Borrower as trustee for benefit of lender only, to be applied to the sums secured by the Security Instrumenl; (b) Lender shall be entitled to collect and receive all of Ihe rents of the Properly; and (c) each tenant of the Properly sh.1I p.y all renls due .nd unpaid to lender or lender's .gent on Lender's wrilten demand to the tenan!. Borrower has not execuled .ny prior assignment of the rents and has not and will nnt perform any act Ihat would prevent Lender from exercising ilS rights under this paragraph 16. Lender shall not be required to enter upon, lake control of or maintain Ihe Properly before or after giving notice of breach to Borrower. However, Lender or a judicially appoinled rcceiver may do so at any time Ihcre is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignmenl of renls of the Property shallterminale when Ihe debt secured by the Security Instrument is paid in full. NON.UNIFORM COVENANTS. Borrower and Lender further covenanl and agree as follows: 17. Foredo""e Procedure. If Leoder requires immediale pa)'ment in full under para~raph 9, Leuder may foreclose this Security Instrument hy jndicial proceedin~. Lender shnll he entitled to l'fIllcctnll e'penses incurred ill pursuin~ the remedies provided in this para~raph 17, includin~, but not limited to, nllorneys' fees and costs of title evidence. 18. Relense. Upon paymenl of all sums secured by this Security Instrumenl, Ihis Security Instrument and Ihe est.te conveyed sh.llterminate .nd become void. Afler such occurrence. Lender sh.1I discharge and satisfy this Security Instrument wilhout charge to Borrower. Borrower sh.1I p.y .ny record'lion com. 19. Waivers. Borrower. 10 Ihe e>tent permilled by .pplic.hle I.w, w.ives and relea.\e.s .ny error or defects in proceedings 10 enforce this Security Inslrument, .nd hereby IV.ives the henefit of .ny prescnt '" future I.ws providing for st.y of esecution, e>tension of time, e>emplion from .lIachmenl, levy .nd sale, .nd homeste.d e-,emption. G .4RIPA} <<95051 '" r"g'S"I l'I ""',.,"~. <ILG bOOK 1 :~("i f^LE f)?:~ PAF6-064~-b ( ( 20, ReInstatement Period. BL. Jwer's time 10 reinslate provided in paragraph III shall eXlend 10 one hour prior 10 Ihe ,commencemenl of bidding al a sheriff's sale or olher sale pursuanllo Ihis Securily Inslrument. ~I, Purchase Money Mortgage. If any of Ihe debl secured by Ihis Securily Inslrument is lenllo Borrower 10 acquire lille 10 Ihe Property, Ihis Security Instrumenl shall be a purchase money mortgage. 22, Interest Rate After Judgment. Borrower agrees thallhe inlerest rale payable after a judgment is entered on Ihe Note or in an aClion of mortgage foreclosure shall be the rate payable from lime to lime under Ihe NOle. 23, Riders to Ihis Security Instrument, If one or more riders arc executed hy Borrower and recorded togelher with Ihis Security Inslrumenl, the covenanls of each such rider shall be incorporated inlo and shall amend and supplemenllhe covenanls and agreements of this Security Inslrument as if Ihe rider(s) were a part of Ihis Security Instrument. [Check applicable boxCesH o Condominium Rider o Planned Unit Developmenl Rider o o Gradualed Paymenl Rider Growing Equity Rider o Olher (SpecifYI THIS INSTRUMENT WAS DRAFTED BY: NORWEST MORTGAGE, INC. LPO 1557, 5005 CARLISLE PI~E, SUITE 202" HECHANICSBURG, PA 170550000 BY SIGNING BELOW, Borrower accepts and agrees 10 Ihe lerms contained in Ihis Securily Instrun,enl and in any rider(s) executed by Borrower and recorded with il. Witnesses: J~ )11L[tt. 1ie- f tJxt. -b l.> ~[~M.jJ ;]' ~',,"k-__ DANIEL L. GROSS '- (Seal) -Borrower C-b c;,.... ,~_ ~r'L6. \, JOD'l:&\.h..:. ) GROSS (Seal) .Borrower (Seal) (Seal) .Borrower -Borrower Certifiente of Residence ' I. C It' ~I ,1.) .it Md It 11\ \/0 .J Ihe within-named Lender is NORWEST MORTGAGE INC.:J, P.O. MOINES, IA 503065137 Witness my hand Ihis 16TH day of AUGUST , do hereby certify thallhe correcl address of BOX 5137, DES tJ . 1995 . 6 Lt'H0__ )~( u.fdJk- ^~ent of lender COMMONWEAL TII OF PENNSYLVANIA, CUMBERLAND County.., On this, the 16TH day of AUGUST ,1995. before me, Ihe undersigned officer, personally appeared DANIEL L. GROSS AND JODIE L. GROSS, HUSBAND AND WIFE known 10 me (or satisfactorily proveo) 10 be Ihe person whose name subscribed to Ihe within inslrumenl and acknowledged Ihal executed Ihe same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires, G -4RIPAl c95051 ~ Notari;tl Seal Glenda M. WelhlOQlon, Notory Publit; Camp ".M Baro. Cumht!rland County My Comnll!;sl(:'n E"pt1es Oee 27,1998 ".0- 6 .),~,Pernr,tvar..,Assooutonol~ Officer .r / hOOK I.n, LICE ri~~,1 .. MORTGAGE .."'..~ Norwesl MOI1gege, Inc. Home Campus Des Moines. fA 50328 5151221-7300 January 13, 1997 Daniel L Gross 1207 Lambs Gap RD Mechanicsburg, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to ~ind out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at (800) 342-2397. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. si no comprende el contenido de esta notificacion obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. puedes se elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Pro<;lram" el cual puede salvar su cas a de la perdida del derecho a red~mir 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 Date: January 13, 1997 RE: Loan Number: 2010801 Property Address: 1207 Lambs Gap Rd Mechanicsburg PA 17055 Mortgagors: Daniel L Gross Jodie L Gross 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 caused by circumstances beyond your control, you have a reasonable pros~ect of resuming your mortgage payments, and if you meet other elig~bilitr requirements established by the Pennsylvania Housing Finance Agency, P ease read all of this notice. It contains an explanation of your rights. NAH( 'OIJ~ml ~')6 .- MORTGAGE .. ..~ Norwest Mortgege, Inc, Home Campus Des Moines. IA 50328 5151221-7300 Pg: 2 RE: Loan Number: 2010801 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 our representative is: Attn: Andrew Volkman Norwest Mortgage, Inc. MS 122502 Home Campus Des Moines, IA 50328 Telephone Number, Toll Free (800) 288-3212 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is onl~ necessary to schedule one face-to-face meeting. You should advise thlS lender lmmediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) da~s. The total amount of the delinquency is $ 2,740.90. That sum lncludes the following: Payments, late charges, other charges and escrow advance balance. 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 on the attachment. An application for assistance may only be obtained from a consumer credit CL076 NA'FL lOfl20H 9196 ....... !!DB MORTGAGE lii'n,; ..".... Norwest Mortgage, Inc. Home Campus Des Moines, IA 50328 5151221.7300 Pg: 3 RE: Loan Number: 2010801 counseling agency. The consumer credit counselin~ agency will assist you in filling out your application and will subm~t your completed application to the Pennsylvania Housing Finance A~ency. Your application must be filed or postmarked within th~rty (30) days of your face-to-face meeting. IT IS EXTREMELY IMPORTANT THAT YOU FILE YOUR APPLICATION PROMPTLY. IF YOU DO NOT DO SO, OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MUST PROCEED AGAINST 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 a~ainst you if you have met the time requirements set forth above. You w~ll be not~fied directly by that agency of its decision on your application. The Pennsylvania Housing Finance A~ency is located at 2101 North Front Street, Post Office Box 8029, Harr~sburg, Pennsylvania 17105. Telephone number (717) 780-3800 or (800) 342-2397 (toll free number). Persons with impaired hearing can call (800) 342-2397. In addition you may receive another notice from this 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 wh~le you are receiving that assistance. If 'you have any questions, please contact our Collection Department toll free at (800) 766-0987, Monday through Friday, from 9 a.m. to 5 p.m. Central Time. CLon Note: The Fair Debt Collection you that in the event your loan attempt to collect the debt and for that purpose. Practices Act requires us to notifr is in default, Norwest Mortgage wi 1 any information obtained will be used NMrL t('P:G11 <).. '16 !IS.. .. .. MORTGAGE ..... ...,.." Norwesl Mortgage, Inc. Home Campus Des Moines, fA 50328 5'5/221-7300 January 13, 1997 Jodi L Gross 1207 Lambs Gap RD Mechanicsburg, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to ~ind out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at (800) 342-2397. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificacion obten$a una traduccion immediatamente llamanda esta agencia (Pennsylvania Hous~ng Finance Agency) sin cargos al numero mencionado arriba. Puedes se elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Pro$ram" el cual puede salvar su casa de la perdida del derecho a red~mir 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 Date: January 13, 1997 RE: Loan Number: 2010801 Property Address: 1207 Lambs Gap Rd Mechanicsburg PA 17055 Mortgagors: Daniel L Gross Jodie L Gross 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 caused by circumstances beyond your control, you have a reasonable pros~ect of resuming your mortgage payments, and if yo~ meet other elig~bility requirements established by the Pennsylvan~a Housing Finance Agency. Please read all of this notice. It contains an explanation of your rights. N,\IFL .CIJ~"CH ~9" ... .. MORTGAGE .. .."f..~ NOlWe~1 Mot1gege, Inc, Home Clmpu~ Des Moine~. fA 50328 5/5122/.7300 Pg: 2 RE: Loan Number: 2010801 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. Dur1ng 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 martgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: Attn: Andrew Volkman Norwest Mortgage, Inc. MS 122502 Home Campus Des Moines, IA 50328 Telephone Number, Toll Free (800) 288-3212 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessarr to schedule one face-to-face meeting. You should advise thls lender mmediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $ 2,740.90. That sum lncludes the following: Payments, late charges, other charges and escrow advance balance. 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 on the attachment. An application for assistance may only be obtained from a consumer credit CL076 NMrL _0":011 'J,Q(i ..... ..... :::tfJ MORTGAGE ...,..~ Norwesl Mortgage, Inc, Home Campus Des Moines, fA 50328 5151221.7300 Pg: 3 RE: Loan Number: 2010801 counseling agency. The consumer credit counselin~ agency will assist you in filling out your application and will subm~t your completed application to the Pennsylvania Housing Finance A~ency. Your application must be filed or postmarked within th~rty (30) days of your face-to-face meeting. IT IS EXTREMELY IMPORTANT THAT YOU FILE YOUR APPLICATION PROMPTLY. IF YOU DO NOT DO SO, OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MUST PROCEED AGAINST 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 a~ainst you if you have met the time requirements set forth above. You w~ll be notified directly by that agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone number (717) 780-3800 or (800) 342-2397 (toll free number). Persons with impaired hearing can call (800) 342-2397. In addition you may receive another notice from this lender under Act 6 of 1974. That not~ce 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 wh~le you are receiving that assistance. If you have any questions, please contact our Collection Department toll free at (800) 766-0987, Monday through Friday, from 9 a.m. to 5 p.m. Central Time. CLon Note: The Fair Debt Collection Practices Act requires us to notify you that in the event your loan is in default, Norwest Mortgage will attempt to collect the debt and any information obtained will be used for that purpose. NA.!FL _08:0H r'},96 . . EXHIBIT "D" ..... 114M MORTGAGE ..... .."f..~ NOfWest Mortgage, Inc. Home Campus Das Moines, fA 50328 515/221.7300 January 13, 1997 Daniel L Gross Lambs Gap RD Mechanicsburg, PA 17055 NOTICE OF INTENTION TO FORECLOSE MORTGAGE RE: Mortgage Loan Number 201080-1 The Mortgage held by Gnma I #410122cd (hereinafter we, us or ours) on ~ur property located at 1207 Lambs Gap Rd, Mechanicsburg PA 17055 IS IN SERIOUS DEFAULT (because you have not made the monthly payments of $ 867.13 for the months of November, December, and January. Late charges (and other charges) have also accrued to this date in the amount of $ 139.51. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $ 2,740.90. YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS LETTER, BY PAYING TO US THE ABOVE AMOUNT OF $ 2,740.90 PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE CHARGES WHICH MAY FALL DUE DURING THIS PERIOD. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: Norwest Mortgage, Inc" Attn: Collections, MS 122502, Home Campus, Des Moines, IA 50328. If you do not cure the default within THIRTY (30) DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE THE MORTGAGE PAYMENTS. 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 of default is not made within THIRTY (30) DAYS, WE ALSO INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO 'FORECLOSE YOUR MORTGAGED PROPERTY. IF THE MORTGAGE IS FORECLOSED YOUR MORTGAGED PROPFRTY WILL BE SOLD BY THE SHERIFF TO PAY OFF THE MORTGAGE DEBT. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceeding are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which also include our reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. !';,,",Ft 1(~.ol.-'r'll ., '1(; ....... mIIf MORTGAGE ..... ..,..~ Norwesl Mortgege, tne, Home Cempus Des Moines, tA 50328 515122/.7300 Pg: 2 RE: Loan Number 2010801 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 THE UNPAID MONTHLY PAYMENTS PLUS ANY LATE CHARGES OR OTHER CHARGES THEN DUE, AS WELL AS THE REASONABLE ATTORNEY'S FEES AND COSTS CONNECTED WITH THE FORECLOSURE SALE (AND PERFORM ANY OTHER REQUIREMENTS UNDER THE MORTGAGE). It is estimated that the earliest date that such a Sheriff's sale could be held would be ap~roximately February 12, 1997. A notice of the date of the Sheriff sale w~ll be sent to you before the sale. Of cou;pe, 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 us at the following number (800) 288-3212. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownershi~ of the mortgaged property and your right to remain in it. If you contlnue 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. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND ~OSTS ARE PAID PRIOR TO OR AT THE SALE, {AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIEDI. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. IF YOU CURE THE DEFAULT, THE MORTGAGE WILL BE RESTORED TO THE SAME POSITION AS IF NO DEFAULT OCCURRED. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. If you have any questions. please concact our Default Loan Counseling Department toll free at (800) 766-0987, Monday through Friday, from 9 a.m. to 5 p.m. Central Time. CL079 Note: The Fair Debt Collection Practices Act requires us to notify you that in the event your loan is in default, Norwest Mortgage will attempt to collect the debt and any information obtained will be used for that purpose. N~'rt ,(ltl.'(lll" I'll> ..~.. IIIlI/f MORTGAGE ..... .......<J Norwesl Mortgage, Inc. Home Campus Des Moines, IA 50328 5151221.7300 January 13, 1997 Jodi L Gross Lambs Gap RD Mechanicsburg, PA 17055 NOTICE OF INTENTION TO FORECLOSE MORTGAGE RE: Mortgage Loan Number 201080-1 The Mortgage held by Gnma I #410122cd (hereinafter we, us or ours) on ~ur property located at 1207 Lambs Gap Rd, Mechanicsburg PA 17055 IS IN SERIOUS DEFAULT (bec~use you have not made the monthly payments of $ 867.13 for the months of November, December, and January. Late charges (and other charges) have also accrued to this date in the amount of $ 139.51. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $ 2,740.90. YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS LETTER, BY PAYING TO US THE ABOVE AMOUNT OF $ 2,740,90 PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE CHARGES WHICH MAY FALL DUE DURING THIS PERIOD. Such payment must be made either by cash, cashier's check, certified check or money order, and made at: Norwest Mortgage, Inc., Attn: Collections, MS 122502, Home Campus, Des Moines, IA 50328. If you do not cure the default within THIRTY (30) DAYS, WE INTEND TO EXERCISE OUR RIGHT TO ACCELERATE THE MORTGAGE PAYMENTS. 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 monthlr installments. If full payment of the amount of default is not made with~n THIRTY (30) DAYS, WE ALSO INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO FORECLOSE YOUR MORTGAGED PROPERTY. IF THE MORTGAGE IS FORECLOSED YOUR MORTGAGED PROPERTY WILL BE SOLD BY THE SHERIFF TO PAY OFF THE MORTGAGE DEBT. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceeding are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which also include our reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. ,,.,. ,\ ~rt_ II'!':I ~II 'I r),i ... .. MORTGAGE .. . ..'..<1 Norwesl MOrlgage, Inc. Home Campus Des Moines, IA 50328 5151221.7300 ['g: 2 RE: Loan Number 2010801 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 THE UNPAID MONTHLY PAYMENTS PLUS ANY LATE CHARGES OR OTHER CHARGES THEN DUE, AS WELL AS THE REASONABLE ATTORNEY'S FEES AND COSTS CONNECTED WITH THE FORECLOSURE SALE (AND PERFORM ANY OTHER REQUIREMENTS UNDER THE MORTGAGE). It is estimated that the earliest date that such a Sheriff's sale could be held would be ap~roximately February 12, 1997. A notice of the date of the Sheriff sale w~ll be sent to you before the sale. Of cou~e, 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 us at the following number (800) 288-3212. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownershi~ of the mortgaged property and your right to remain in it. If you cont~nue 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. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, {AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIEDI. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST!. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. IF YCU CURE THE DEFAULT, THE MORTGAGE WILL BE RESTORED TO THE SAME POSITION AS IF NO DEFAULT OCCURRED. However, you are not entitled to this right to cure your default more than three (3) times in any ~. calendar year. If you have any questions, please concact our Default Loan Counseling Department toll free at (800) 766-0987, Monday through Friday, from 9 a.m. to 5 p.m. Central Time. CL079 Note: The Fair Debt Collection Practices Act requires us to notify you that in the event your loan is in default, Norwest Mortgage will attempt to collect the debt and any information obtained will be used for that purpose. fl,\!Fl 'i'.~"I'H ,1'1"; Q ~ '0 ",g f'('l "J- :t ~ ri (\"') "- ~ "- -:!:. \9) ~ 0 ~ ~ ~ i\: -L L{: L. I:( ~ r: g i:~'~~ w:) ~,~ (-". ~ \.J:," e. -0 8- ~~1 -~ ("o~1 Q ~r .. ~ ~ l.t) - . '1{ .~ ':1' -:".:J i'" ' .' ~ - . i~: .,' ~ li:.U' ~ . ~Jiij ~ ~ -- Ill:"';'" ,- -., :~ ,. r- -=> (,) a- U -' SH~Hlrr's RETURN - REGULAH CAS~ NO: 1~9J-~j271 P COMMUNW~;ALTH IJF P~:NNSYLVANIA: CIJUNTY UF CUMIH;RLAND NURWRST MORTGAGK [NC VS. GRUSS DANIEL L ET AL BRIAN BARRICK J Sheriff or Deputy Sheriff of CUMlIEI/l.AN!) County, Pennsylvania, who being duly sworn according to law, says, the within COMP1.AINT - MORT FORR upon GRUSS JODIR L dcfE'ndant, at l~~t :00 HOURS, on the 2:3rd day of June was served the t':l':l'l at 12~J LAMI3S GAP ROAD M~:IICAN ICSBURI;, PA t '/~55 , CUMBERLAND County, Pe>nnsy1.v""i.", by h"ndi.ng to JUI)[E L. GRUSS " true> "nd aU.e>sted copy of the t09e>ther with NOTICR and at the same time directing Iler attention to the contents thereof. I:UMP1.A INT - MORT FORR -' Sh<:?riff's Costs: Docketing Service Affidavit Surcharge b.00 .00 .00 2.00 So answers: ~~ r~1~ H. I homas K11ne, Sher1tt $8.0~ O'KCLrL GHFNFN & BIRSIC 06/24/1997 by Ueputy Sher1tt Sworn and subscribed to before me thts J'{~'. d"y o~ )..~ 1':1 '1' A. D. \ .l.t...- n. I],ld.lv.- r-(p1i J' I t:>rothonotaty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORWEST MORTGAGE, INC., CIVIL DIVISION Plaintiff, No. 97.3271 Civil Term "s. DANIEL L. GROSS and JODIE L. GROSS, TYPE OF PLEADING: Defendants. PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE FILED ON BEHALF OF PLAINTIFF: Norwest Mortgage, Inc. COUNSEL OF RECORD FOR THIS PARTY: Brian B. Dutton, ESljuire Pa. J.D. #81953 GRENEN & B1RSIC. P.c. One Gateway Center Nine West Pittshurgh, P A 15222 (412) 281-5197 "." " '.. ...... ~ y' , ' ~ ,.' " I - "I f l:~" C " ,- ~J -' " .' , -" _1~ .. 'J:"~ - ,I -_...."'.J . ,- ~-~ ., 'in 1--" c< ,. c~/ o. o llil ~ L-. _!!C'_ (f'. ,,~ \,-:':' ., c..' ~)