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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
AURORA LOAN SERVICES, Assignee of
MARGARETTEN & CO., INC.,
Plaintiff,
V.
JEFFREY A. REIM and
EILEEN A. REIM,
Defendants
TO: DEFENDANT:
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN lWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT
MAY BE ENTERED AGAINST YOU,
WELTMAN, WEINBERG & REIS CO" L,P.A.
By:~~~1~ .
I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS:
clo Weltman, Weinberg & Reis Co" L.P.A.
2718 Koppers Building
436' Seventh Avenue
Pittsburgh, PA 15219
AND THE DEFENDANTS ARE:
225 Springfield Road
Shippensburg, PA 17257
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY~~~~~
I HEREBY CERTIFY THAT THE LOCATION OF THE REAL
ESTATE AFFECTED BY THIS LIEN IS:
RD 5, Box 60, Springfield Road
North Newtown, PA 17257
Township of North Newton
WELTMAN, WEINBERG & REIS CO" L.P.A.
BY:~ "'N'-- ~'C.~
A RNEYS FOR PLAINTIFF
NO. &/-5NO
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ISSUE NO.:
CODE:
TYPE OF PLEADING:
COMPLAINT IN MORTGAGE
FORECLOSURE
FILED ON BEHALF OF:
PLAINTIFF
COUNSEL OF RECORD FOR THIS
PARTY:
JON A. McKECHNIE, ESQUIRE
Pa. J.D. #36268
WELTMAN, WEINBERG & REIS CO., L.PA
Firm #339
2718 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
(412) 434-7955
WWR#01793095
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
AURORA LOAN SERVICES, Assignee of
MARGARETTEN & CO., INC"
NO:
Plaintiff,
v.
JEFFREY A. REIM and
EILEEN A REIM,
Defendants
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you, You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered a9ainst you by the
Court without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Aveue
Carlisle, PA 17013
(717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
,
CIVIL DIVISION
AURORA LOAN SERVICES, Assignee of
MARGARETTEN & CO., INC.
Plaintiff,
NO: fJ-O- S"No Ct.;;J -~
v.
JEFFREY A. REIM and
EILEEN A. REIM,
Defendants
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now, comes Plaintiff Aurora Loan Services, Assignee of Margaretten & Co" Inc., by
and through its attorneys, WELTMAN, WEINBERG & REIS CO" L.PA, and files this Complaint
in Mortgage Foreclosure, averring in support thereof the following:
1, The Plaintiff is Aurora Loan Services, Assignee of Margaretten & Co" Inc., lending
institution duly authorized to conduct business within the Commonwealth of Pennsylvania
(hereinafter "Plaintiff').
2, The Defendants are Jeffrey A. Reim and Eileen A. Reim, adult indivduals whose
last known address is 225 Springfield Road, Shippensburg, PA 17257,
3. On or about April 23, 1990, the Defendants executed a Note ("Note") in the original
principal amount of $58,350,00. A true and correct copy of said Note is marked Exhibit "A",
attached hereto and made a part hereof.
4. On or about April 23, 1990, as security for payment of the aforesaid Note, the
Defendants made, executed and delivered to Margaretten & Co" Inc" a Mortgage in the original
principal amount of $58,350.00 on the premises hereinafter described, said Mortgage being
recorded in the Office of the Recorder of Deeds of Cumberland County on April 25, 1990 in
Mortgage Book Volume 974, Page 425. A true and correct copy of said Mortgage containing a
description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and
made a part hereof.
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5. Margaretten & Co., Inc., assigned all of its right, title and interest in and to the
Mortgage to BancBoston Mortgage Corporation, pursuant to an Assi9nment of Mortgage.
6. BancBoston Mortgage Corporation, assigned all of its right title and interest in and
to the Mortgage to U.S, Bank National Association, pursuant to an Assignment of Mortgage.
7, U,S. Bank National Association, assigned all of its right, title and interest in and to
the Mortgage to Plaintiff.
8, The Defendants are the current record and real owners of the aforesaid mortgaged
premises.
9. The Defendants are in default under the terms of the aforesaid Note and
Mortgage.
10. Demand for payment has been made upon the Defendants by Plaintiff, but
Defendants were unable to pay the principal balance, interest or any other portion thereof to
Plaintiff.
11. Plaintiff was not required to send Defendants written notice of Plaintiff's Intention to
Foreclose Mortgage pursuant to 41 P.S. ~403 (Act 6 of 1974) prior to the commencement of this
action for the reason that said Mortgage is not a "residential mortgage" as defined in to 41 P.S,
~101.
12. Plaintiff was not required to send Defendants written notice pursuant to 35 P,S.
!:l1680A03c (Homeowner's Emergency Mortgage Assistance Act of 1983-Act 91 of 1983) prior to
the commencement of this action for the reason that the Mortgage is insured by the Federal
Housing Administration under Title 11 of the National Housing Act.
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13. The amount due and owing Plaintiff by Defendants is as follows:
Principal
Interest thru 7/15/00
Late Charges
Attorneys' Fees
Other Charges
TOTAL
$ 53,219,85
$ 2,024,86
$ 102.47
$ 1,000,00
$ 50.00
$ 56,397.18
14. Contemporaneously hereunder, Defendants have been advised of their right to
dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices
Act 30 Day Notice, attached hereto marked Exhibit "C" and made a part hereof,
WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of
$56,397.18, with interestthereon at the rate of $14.78 per diem from July 15, 2000, plus costs, in
addition to late charges and for foreclosure and sale of mortgaged premises.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL
BE USED FOR THAT PURPOSE,
WELTMAN, WEINBERG & REIS CO., L.PA
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Jon A. McKechnie, Esquire
Pa, I.D, #36268
Attorneys for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
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5'f~7 7-
.FHA Case No. .
4414.096704703
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1. PARTIES 1730201
"Borrower" means each person signing at the end of this Note; and the person's successors and assig~s. "Lender"
,means . ;
MARGARETTEN & COMPANY, INC.
and its successors and assigns.
2. BORROWER'S PROMISE 10 PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of
Fifty-. 2-:ght Thousand, Three Hundred Fifty and 00/100
Dollars (U.S. $ 58 . 350 . 00 ), plus int~t. to the order of Lender. Interest will be charged on unpaid
principal. from the date of disbursement of the loan proceeds by Lender, at the rate of
Ten ?e~' ::sntum
per cent (
0'/0) per year uDtn the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is.dated the
same date as this Note and called the "Security Instrument." That Security Instrument protects the lender from losses .
which might result if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
Jwne : st. 1990 . Any principal and interest remaining on the first day of May,
2 C:! C , will be due on that date, which is called the maturity date.
(B) Place
Payment shall be made at One Ronson Road, Ise1in, New Jersey, 08830
Or at such other place as Lender may designate in writing.
(e) Amount
Each monthly payment of principal and interest will be in the amount of $ 5 1 2 . 3 1 . This
amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal,
interest and other items in the order described in the Security Instrument.
(D) Allonge to Ihis Note for Payment Adjustments
If an allonge providing for payment adjustments is executed by Borrower together 'with this Note, the 'covenants
of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge
were a part of this Note.
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on
the first day of any month.
6. BORROWER'S FAILURE 10 PAY
(A) Lale Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph
4(C) of this Note by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the
amount of Fou f' per cent ( (. 0)'0)
of the overdue amount of each payment.
(B) Defuult
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations
of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining
due and all accrued interest. Lender may choose not to exerc:ise this option without waiving its rights in the event of any
subsequent default. In many circumstances regulations is;ued by the Secretary will limit Lender's rights to require
immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted,
by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or
his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs
and expenses including reasonable and customary attorneys' fees for enforcing this Note, Such fees and costs shall bear.
interest from the date of disbursement at the same rate as the principa! of this Note.
FHA MULTISTATE NOTE
MAR-60~7 Page 1 or 1: (11/89)
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"Vrii-iOUl HEGuliRtiL ;i~".'t. T(~ rHE ORDER
OF BanclloS\Oll ColjlOl'llloll
'.\ARGA N
9Y:
TITlE:
Loretta Lankford
WITHOUT RECOURSE PAY TO
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ORDER OF.
.Q^PORA TION, Jacksonville
PAY ~O m OBllEll OF
WlTllOIlT llECOUBSE
1l01lESIDE LE1IDIDG, IDC. Formerly Known as BancBoslon Mortgage Corporalion
~~l:II' t:f2.-JvJ.~(;S.~ 'f3~~
llRENDA F; BIlEIIDLE
SEIlIOR VICE PRESIDEIlT
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7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor . uPresentment'~ means the right to require Lender to demand payment of amounts due. "Notice of
dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid,
, '8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will
be given by delivering it or by mailing it by first class mail to Borrower.at the property address above or at a dirferent
address if Borrower has given lender a notice of Borrower's different address.
Any notice that must be given to under 'under this Note win be given by first class mail to Lender at the address
stated in Paragraph 4(8) or at a different address if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
I f more than one person signs this Note. each person is fully and personalty obligated to keep all of the promises
made in this Note. inclUding the promise to pay tbe full amount owed. Any person who is a guarantor. surety or endorser
of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations
of a guarantor, surety Or endorser of this Note, is also obligated to keep aU of the promises made in this Note. Lender
may enforce its rights under this Note against each person individually or against all signatories together. ArrJ one person
signing this Note may be required to pay all of the amounts under this Note.
BY SCGNCNG BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
Property Address:
~o 5
BOX 60 SPRINGFIELD RD
NORTH NEWTOWN, PA 17257
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EILEEN A REi; --- -- .
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FHA MULTISTATE N<1fE
MAR.tiOS1PlIgtlofl(lt/89)
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ORIGINAL. L .~
MORTGAGE ' 3
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1730,016.
State or Pennsylr.tnia
FHA-Case-No.
4414096704703
THIS ,MORTGAGE ("Security Instrument") is given on
The Mortgagor is
. JEFFkEY A ~El.~. A,'i~ EILEEN A REIH. HUSSAHD/WIFE
April 231"d,
1990
whose address is
RD 5
sox S~ SPRINGFIELD RD NORTH NEWTOWN PA 17257
, ("!:sorrower' ). This Security Instrument is given to
MARGARETTeN & COMPANY. INC_
which is organized and existing under the laws of
address is .' . _
One Ronson Road ISQ1,n.
the State of New Jersey . and whose
New JllrSsy" OaS30 , .
( Lender ). Borrower owes Lender the prinCIpal sum of
Fif~~- E;ght Thousand. Thres-~undr.sd Fif~y and OO/JDO
Dollars (U.~. $ -= S . 350 00 J. 'l'hls aellt IS evidenced ~ Bo",?wer's note aled the same date as this,Security
Instrument ("Norc"), wltlcli proviCles for monthly payments, with the full debt, if not paid earlier, due and payable on
M 1 s 202 C . This Security Instrument secures to Lender: (a) the repayment of the debt ~evidenced
by the~Ote. wfiH interest and all renewals, extensions and modifications; (b) the paymenl of all other sums, with interest, advanced
under Paragraph 610 protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and
agreements under Ihis Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant' and convey
to Lender the following described property located in THE TOWNSH I P OF NORTH N EW'!:OWN . . .
CUMBERLAND County. Pennsylvama:
LEGAL OESC~IPT~ON ATTACHED HERETO AND MADE A PART THEREOF.
BEING THE 3A~~ PREMISES WHICH RANDY E. VAN SCYOC, ETUX. BY
INDENTURE BEAR1NG EVEN DATE HEREWITH AND INTENDED TO BE FORTH-
WITH RECORDED AT THE OFFICE FOR THE RECORDING OF DEEDS, AT
CUMBERLAND COUNTY, PENNSYLVANIA, GRANTED AND CONVEYED UNTO,SAID
MORtGAGORS, rN FEE. PARCEL #30-10-0616-0008. ~ g ~
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which has the address of
RO-B. M)!.l>C .PRINGFIELD RD NORTH NEWTCWN, PA 17257
TOGETHEKWITH all tife improvements now or hereafter erected on the property, and all easements, rights, appurtenances,
rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fIXtures now Or hereafter a part ofthe property,
AU replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security
Instrument as the uProperty,"
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
1. Payment or Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt
evidenced by the Note and late charges due under the Note.
2. Monthly hymenls of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together
with the principal and interest as set forth in the Note and any late charges, an installment of any (a) taxes and sp~ial assessments
levied or to be levied against the Property, (b) leasehold payments or ground rents on the Properly, and (c) premiums for insurance
required by Paragraph 4. .
EXHIBIT.-~.--~~
BoOi( 97/J PAct 425
PENNSYLVANIA FH~ MO~GAGE
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Each monthly installment for items (a), (b) and (e) shall equal one-twelfth of the annual amounts, as reasonably estimated by lender:
plus an amount sufficient to maintain an additional balance of not more than one-sixth of the estimated amounts. The full annuai
amount for each item shalt be accumulated by Lender within a period e;nding one.'month before an item. would become delinquent.
Lender shall hold 'he amounts coJleeled in frost 10 pay items (a), (b) and (e) before they become deJinqueru.
If at any time the total of the payments held by Lender for items (a). (b) and (e), together with the future monthly payments for
such.hems payable t~ Lender prior to the .due dates of such items. exceeds by more than one-sixth the estimated amount of payments
reqUired to pay such Items when due, and If payments on the Note are current, then Lender shall either refund the excess Over one-sixth
of the estimated payments or credit the excess over one-sixth of the estimated payments to subsequent payments by Borrower at the
option of Borrower. If the total of the payments n;aade by Borrower for, item (a), (b) or (c) is insurncient to pay the item wh~n due,
then Borro,:,,~r shall pay to Lender any amount necessary to make up the deficiency on or before the date the item be<:omes due.
As ustd in this Security Instrument, "Secretary" means the Secretary of Howing and Urban,Development or his or her designee.
~ost Security I.nSlrumen~s insur~d by the Secret~ry are in.sured under programs whic~ re.quire advance payment of the entire mortgage
Insurance prenuum. If thiS Secunty Instrument IS or was msured under a program WhiCh did not require advance payment of the' entire
mortgage insurance premium, then each monthly payment shall also include either: (i) an installment of the annual mortgage insurance
premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security
Instrument is held by the Secretary. Each monthly Installment of the mortgage insurance premium shall be in an amount sufficient
to accumulate the full annual mortgage insurance premium with Lender one month prior to the date the full annual mortgage insurance
premium is due to the Secretary, or if this S~urity Instrument is held by the Secretary, each monthly charge shall be in an amount
equal to one-twelfth of one-half percent of the outstanding principal balance due on the Note. .
If Borrower tenders to Lender the full payment of all sums secured by this Security Instrument, Borrower's account shalt i,C credited
with the balance remaining fOr all installments for items (a), (b) and (c) and any mortgage insurance premium. installment that Lender
has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior
to a foreclosure sate of the Property or its acquisition by Lender, Borrower's account shalt be credited with any balance remaining for
all installments for items (a). (b) and (c),
3. AppJicallon of Payments. All payments under Paragraphs 1 and 2 shall be applied by tender as follows:
First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead
of the monthly mortgage insurance premium, unless Borrower paid the entire mortgage insurance premium when this Security Instrument
vyassignedi
Second, to any taxes, speeial assessments, leasehold payments or ground rents, and rtre, nood and other hazard Insuran~ premiums,
as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note;
Fifth, to late charges due under the Note.
4. Fire. Flood lInlt Ofh~'r Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in CKisCencc
or subsequently erected, against any hazards, casualties and contingencie$, includin&: fire, for which Lender requires insurance. This
insurance shan be maintained in the amounts and for the periods that Lender requires, Borrower shall also insure all improvements
on the Property, whether now in existence or subsequently erected, against loss by noods to the extent required by the Secretary. All
insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shalt be held by Lender and
shall include loss payable clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly
by Borrower, Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender,
instead of to Borrower and to Lender jointly, All or any part of the insurance proceeds may be applied by Lender, at its option, either
(a) to the reduction of the indebtedness under the Note and this Security Instrument. first to any delinquent amounts applied in the
order in Paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged property. Any application
of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in Paragraph
2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness
under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foretlosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness.
all righI, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
5. Preserwtlon and Mllintenance of the Property; Leaseholds. Borrower shall not commit waste or destroy, damage or substantially
chanse the Property or allow the Property to deteriorate, reaJ;onable wear and tear excepted. Lender may inspect the property if the
property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or
abandoned property. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the fease. If Borrower
acquires fee title to the Property, the leasehold and fee tide shall not be merged unless Lender agrees to the merger in writing,
6. Charges to Borrower and Protection of lender's Rights In tbe Property. Borrower shall pay all governmental or'municipal
charges, fines and impositions chat are not included in Paragraph 2. Borrower shall pay these obligalions on lime directly to the erl'tity
which Is owed the payment, If failure to pay would adversely affect Lender's Interest In the Properly, upon Lender's request Borrower
shall promptly furnish to Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other covenants and
agreements contained in this Security Instrument. or there is a legal proceeding that may significantly affece Lender's rights in the Property
(such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is
necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and
other items mentioned in Paragraph 2.
Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Seeurit)'
Instrument. These amounts shall bear interest from the date ,of disbursement, at the Note rate, and at the option of the Lender, shall
be immediately due and pl1yable.
7. Condemnation. The proceeds of any award or claim tor damages, direct or consequentia!, in connection with an)' condemnation
or other taking of any part of the Property, or for tonvey8ncc in place of condemnation, are hereby assigned and shall be paid to Lender
to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall
apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts
applied in the order provided in Paragraph 3, and then [0 prepayment of principal. Any application of the proceeds to the principal
shall not extend or postpone the due date of the monthly payments. which are reCerred to in Paragraph 2. or change the amount of
such payments, Any e.'I(cess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security
Instrument shall be paid to the entity legally entitled thereto.
PFNr.l~VIVANIA Io"lIA MORTGAGE .::,.
rooK 974 PACE :126
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8. Fe!::!. Lender may collect fees a:i charges authorized by the Secretary.
9. Grounds for Accelerallon of Debt.
(a) Default. lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require
immediate payment of sums secured by this Security Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the
due date of the nc...! monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security
Instrument. .
(b}.sale Without Credit. Approval. Lender shall, with the prior approval of the Secretary. require immediate payroe'nt in full
of all sums secured by this Security Instrument if:
(i) All or part of the Property is sold or otherwise transferred (other than by devise, descent Or operation of law) by the
Borrower,
(ii) The sale or other transfer is pursuant to a contract of sale (or by deed, if there is no contract of sale) executed no later
than 12 months (24 months if the Property is not the principal or secondary 'residence of the Borrower) after the date on
which this Security Instrument is executed, and
(iii) The credit of the purchaser or grantee has not been approved in accordance with the requirements of the Secretary.
(c) No Waiver. If drcumstances occur that wo~ld permit lender to require immediate payment in full, but Lender does not
require such payments. Lender do~.s 'no,~.~iv~i~9:,rights with rtspecNo :subsequent events.
(d) Regulalions of Hun SecretllrY.; In Illa-ny pi~umsJanc'es regulations issued by the Secretary wil1limit lender's rights in the
case of payment defaults to require irwqe,diate.pa)'ment in full and:foreClose if not paid. This Security Instrument does not
authorize acceleration or foreclosure 'if not permitted bY'regulations of ~he Secretary.
10. Reinslatement. Borrower has a right to be re'i~si~ted if Lender has required immediate payment in full because of Borrower's
failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure, proceedings are
instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum al1 amounts required to bring Borrower's account
current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and
customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security
Instrument and the Obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However,
Lender is not required to permit reinstatement if: (i) lender bas accepted reinstatement after the commencement of foreclosure prcx:eedings
within two years immediately preceding tbe commencement of a current foreclosure proceeding, (ii) reinstatement will preeIude foreclosure
on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument.
11. Borrower no! Released; Forbearunce by Lender not B Waiver. Extension of the time of payment or modification of amortization
of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release
the liability of the original Borrower or Borrower's successor in interest. lender shall not be required to commence proceedings against
any successor in interest or refuse to extend time for payme~t or otherwise modify amortization of the sums secured by this Security'
Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by lender
in exercising any right or remedy shall not be a waiver of or preclude the exercise of Bny right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co~Slgners. The covenants and agreements of this Security
Instrument shall bind and benefit the successors and assigns of lender and Borrower, subject to the provisions of Paragraph 9(b),
Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute
the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest In the Property under
the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees
that lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the term of
Ihis Security Instrument or Ihc Note without that Borrower's consen!.
13. Notices, Any nOli!:!.' 10 Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by
first class mail unless applkable law requires use of another method. The notice shall be directed 10 the Property Address or any other
address Borrower designates by notice to Lender. Any noticc to Lender shall be given by firsl class mail to Lender's address stated herein
or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have
been given to Borrower or Lender when given as provided in this Paragraph. '
14. Governing Law: Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in
which the Property is located, In the event that any provision or clause' of this Security Instrument or the Note conmcts with applicable
law, such conmct shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conOicting
provision. To tbis end the provisions of this Security Instrument and the Note arc declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument.
16. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property.
Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay
the renlS to lender or Lender's agents, However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement
in the Security Instrumem, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender
and borrower, This assignment of rents constitutes an absolute assignment and not an assignment for additional security only.
Ir Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit
of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of
the rents of the Property: and (c) each tenant of the Property shall pay all renls due and unpaid to Lender or lender's agent on Lender's
written demand to the tenam,
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender
from exercising its rights under this Paragraph 16.
lender shall npt be required to enter upon, take control of or maintain the Property before or after giving notice of breach to
Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach, Any application of rents shall
not Cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate
when the debt secured by lhe Security Instrument is paid in full.
11. Borrower agrces thm should this Security Instrument and the Note secured thereby not be eligible for insurance under the
National Housing Acl wilhin sixty (60) days from the date hereof, Lender may, al its option and notwilhstandinganything in Paragraph
9. require immediate paymcnt in full of all sums secured by this Security Instrument, A written statement of any authorized agent of
the Secretary dated subsequent to sixty (60) days fr.om the date bereof, decIining,to insure Ihis Security Instrument and the Note secured
thereby, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender
when the unavailability of insurance is solely due to Lender's failure to remit a mo~tgage insurance premium to Ihe Secretary,
PENNSYLVANIA FilA MORTGAGE
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NON.UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows:
lB. Foreclosure- Procedure. rr Lender requires Immediate paymenl in full under Paragraph 9, Lender may invoke tbe power
of sale and any other remedies provided in this Paragraph 18, including, but not limited 10, reasonable attorneys' fees and costs
at 'We evjdence.
19. Release. Upon payment of all sums secured by this Security Instrument, lender shall discharge this Security Instrument
without charge to Borrower. Borrower shall,pay any recordation costs.
20. lJeinstatement Period. Borrower's time to :reinstate provided in Paragraph 18 shatt extend to one hour prior to the
commencement of bidding at a sherifrs sale or other sale pursuant, to. this Security Instrument.
. 11. Purthase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title
to the Property. this Security Instrument shall be a purchase money mortgage,
22. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note
or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
Riders to tbEs Securi,y Instrument. If one or more riders are executed by Borrower and ~orded together with this Security
Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and
agreements of this Securiry Instrument as If the rider{s) were: in a part of tbis Security Instrument.
SEE ATTACH~D ASSUMPTION R ER
BY SIGNING BELOW, Borrower accep ~nd agrees to'the terms contained in this Security Instrument and in any rider(s)
executed by 13orrower and recorded with i I
!
n,~~.fies that a true co I ~.f:'the mortgage has been received.
VlIII.,a-v / . .
.. . /
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Jc9FijfI(-W-REI~:6~;r~w;; ;::-- - --,------
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EILEEN A REIM-8o~rower
-----------------------------------
-Bor:rower,
:8~rr~;er--------------------------
COMMONWEALTH OF
PENNSYLVANiA
(SS'
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On this 23rd day of Apl";l. 1990 ,.:;..',..~e~ore~.e:.the
~~~~;!~:io~~~:~~":~~~~~~!r ::l:~:::;;::th of pennsy~~:ni', residing in . )/;.::,j,:,;:r~{~i::,~,
and acknowledged the within indenture of Mortgage to be thei act and deed, and desired the,sfrri~~to.t~e:'r~c.?r~,as~c1f ~~~
WJTNESS my hand and seal. the day a~d year aforesaid. . ':,' ~~..~.,';~~,:,...~J:~~{~;~:t:..
. ':r.~:rJ~",.'
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'COUNTY OF
CU~1,8ER:LANO
PENNSYLVANIA FHA MORTGAGE
MAR.3701 Page 4 or 4 (Rev. 11/891
NQlARIAb n
" LINDA H,'l,mR
nOTARy.P1JB~IC~;HAMII8URiI ,.
DAUPHIN COUHTY, P2HHSYlVAIIIA
.~ C/mImlulAll ~p,".'li!ap' 10,1990
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FAIR DEBT COLLECTION PRACTICES ACT 30 DAYNOTICE
- .
By law, this law firm is required to advise you that unless within 30 days after receipt of
. .
this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed
to be valid by us. If said notification is sent to us in writing, we are required to provide you with
verification ofthe debt. In tne event within a 30-day period you request in writing the name of
the original creditor, it will be provided to you if different frorn the current creditor. In the event
that you dispute the debt and/or request the name of the original creditor in writing within the
3D-day period, no further action will be taken to obtain Judgrnent in the pending lawsuit until the
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Verification and/or name of the original creditor has been provided to you.
This law firm is attempting to collect this debt for our client and any inforrnation obtained
will be used for that purpose,
The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is
separate and distinct frorn the foregoing Cornplaint which must be responded to in conforrnity
with the instructions therein. Because of the difference in tirne pararneters, we will not rnove for
Default Judgrnent for at least thirty (30) days from the date of service of this Cornplaint upon
you, and if you request verification, we will not move for Default judgment until a reasonable
time after verification has been provided, and afterthe expiration of the thirty (30) day period
from the date of service.
EXHIBIT ~
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VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. S 4904
relating to unsworn falsifications to authorities, that he/she is
, of
, plaintiff herein,
(TITLE)
(COMPANY)
that he/she is duly authorized to make this verification, and that the facts set forth in the
foregoing Complaint are true and correct to the best of hi er knowledge, information and
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(Signature)
belief.
Michael Headen
Sr. Vice President
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2000-05190 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AURORA LOAN SERVICES
VS
REIM JEFFREY A ET AL
GERALD WORTHINGTON
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
REIM JEFFREY A
the
DEFENDANT
, at 0019:00 HOURS, on the 26th day of July
, 2000
at 225 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
by handing to
EILEEN A. REIM
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTI CE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
9.30
.00
10.00
.00
37.30
r~~~<:~t
R. Thomas Kline
07/27/2000
WELTMAN, WEINBERG & REIS
Sworn and Subscribed to before
By:
~/A~~
Deputy Sh ff
me this /A.Y
day of
~ ~ A.D.
# Q 'J1-"p,? '- <{fA,?
. Prothonotary
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2000-05190 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AURORA LOAN SERVICES
VS
REIM JEFFREY A ET AL
GERALD WORTHINGTON
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
REIM EILEEN A
the
DEFENDANT
, at 0019:00 HOURS, on the 26th day of July
, 2000
at 225 SPRINGFIELD ROAD
SHIPPENSBURG, PA 17257
by handing to
EILEEN A. REIM
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTI CE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
~~~-~~~
R. Thomas Kline
07/27/2000
WELTMAN, WEINBERG & REIS
Sworn and Subscribed to before
By:
4~/dl1l~
Deputy Sh ff
me this //iV
day of
04:(2 ::. A~~:D.
Prothonotary
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
f:~~ 9
Plaintiff
No.: 00-5190
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AURORA LOAN SERVICES,
vs.
TYPE OF PLEADING:
JEFFREY A. REIM and
EILEEN A. REIM,
PRAECIPE TO SETTLE AND
DISCONTINUE WITHOUT
PREJUDICE
Defendants.
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Kimberly J. Hong
PA I.D. #74950
Weltman, Weinberg & Reis Co" L.PA
2718 Koppers Building
436 ih Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#01793095
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
AURORA LOAN SERVICES,
Plaintiff
No.: 00-5190
vs.
JEFFREY A. REIM and
EILEEN A. REIM,
Defendants
PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE
PROTHONOTARY:
Kindly settle and discontinue the above-captioned matter and mark the docket
accordingly.
Respectfully submitted:
By:
Weltman, Weinberg & Reis Co., L.PA
IOmbe,', J. ",",//!yO
Weltman, Weinberg & Reis Co., L.PA
2718 Koppers Building
436 ih Avenue
Pittsburgh, PA 15219
(412) 434-7955
Sworn .?9/!. sUbscrib~~ ~
This~dayofm ,003
(J;!I1~~t?-<
Notary Publi
I NOTARIAL SEAL
'!ANGELA M, SCHOFIELD, NOTARY PUBLIC
!cITY OF PITTSBURGH, ALLEGHENY COUNTY
l MY COMMISSION EXPIRES MARCH 8, 2006
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