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Home My WebLink About00-05413 .' '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ALTEGRA CREDIT COMPANY, Plaintiff, NO. 00 - ~413 C'(.>L'l I~ vs. MORTGAGE FORECLOSURE CHARLES E. DOUGHERTY and JOAN M. DOUGHERTY, Defendants. NOTICE 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 WlTH 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 MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIMS OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORT ANT 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PENNSYLVAN1A 17013 t L (800)990-9108 ~ '" J Douglas . Marinos, Esquire Attorney for Plaintiff ~,"'<__"",,_<:_'_ ,,_ _ o. _", _ ,- _, -, . _0 ~ " C"', ", - " ,.::-,:,' .,--' <- { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ALTEGRA CREDIT COMPANY, Plaintiff, NO. ()f). 59}..j {1;.; ~ vs. MORTGAGE FORECLOSURE CHARLES E. DOUGHERTY and JOAN M. DOUGHERTY, Defendants, COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Altegra Credit Company ("Altegra"), states the following complaint against Defendants Charles M, Dougherty and Joan M, Dougherty, 1, Altegra Credit Company is a corporation organized under Pennsylvania law with offices located at 116 Allegheny Center, IDC 23-521, First Floor, Pittsburgh, Pennsylvania 15212. 2. Defendants Charles M. Dougherty and Joan M. Dougherty are adult individuals with a residence at 18 Hummel Avenue, Camphill, Cumberland County, Pennsylvania 17011. 3, On or about September 18, 1995, Defendants made, executed and delivered to American Mortgage Reduction, Inc. ("American") a promissory note to pay American SIXTY- EIGHT THOUSAND AND 00/100 DOLLARS ($68,000.00), together with interest at the rate set forth therein (the "Note"). A true and correct copy of the Note is attached hereto, made a part hereof, and marked as Exhibit "A". " -~ ''', -,- -,.:" - ,,-~>;--:',:- " '-q- '-',,-,",-'" .,,-,-- ., '. ~, -'-'^"., . , I' ~ 4. On or about September 18, 1995, Defendants made, executed and delivered to American a Mortgage upon the real property located at 18 Hummel Avenue, Camphill, Cumberland County, Pennsylvania 17011 (the "Mortgage") as security for payment of all sums due under the Note, The Mortgage is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Mortgage Book Volume 1285, Page 1116 etc, A true and correct copy of the Mortgage is attached hereto, made a part hereof, and marked as Exhibit "B", 5, The Mortgage covers the property as more fully described on Page 1122 of the Mortgage. 6. On or about September 18, 1995, American assigned the Mortgage together with the Note and all its right, title and monies due and to grow due thereon to Altegra pursuant to an Assignment of Mortgage (the "Assignment"). A true and correct copy of the Assignment is attached hereto, made a part hereof, and marked as Exhibit "C". 7, Pursuant to the Note, Defendants are required to make mortgage payments of principal and interest in the amount of FIVE HUNDRED EIGHTY-EIGHT AND 72/1 00 DOLLARS ($588,72) on the 22nd day of each month, beginning on October 22, 1995 and continuing each successive month thereafter until September 22, 2025 (the "Maturity Date"). 8, Defendants have defaulted on their obligation to make timely mortgage payments by failing to make mortgage payments due for December of 1999 through July of2000, 9. Under the Note and Mortgage, upon Defendants' failure to make mortgage payments 2 . ,.,_ _~,_,,~-'. H~. _". -CO__, ',,' r,-,_,.-,'- ."".", *~ when due, Altegra is entitled to declare all the sums secured by the Mortgage due and payable and foreclose upon the Mortgage. 10, Altegra has complied with the notice provisions of Act 6, 41 P,S. S 101 et. sea. and Act 91,35 P,S. SI680AOI(c) et seq, A true and correct copy of the notices sent to Defendants pursuant to Act 6 and Act 91 is attached hereto, made a part hereof, and, collectively, marked as Exhibit "D". 11. Altegra has declared all sums secured by the Mortgage due and payable. 12, As of July 24,2000, Defendant is indebted to Altegra under the Note and Mortgage III the amount of EIGHTY-THREE THOUSAND SEVENTY AND 29/100 DOLLARS ($83,070,29), which is comprised of the following amounts: Principal $ 67,603,59 Accrued Interest as of July 24, 2000 Other Charges $ 9,899.21 $ 1,206,70 $ 360.79 $ 4,000.00 $ 83.070.29 Late Charges Attorney's Fees REAL DEBT plus interest accruing from and after July 24, 2000 at the per diem rate of $18,23, 13. Under the Note and Mortgage, Defendants are required to pay all costs and expenses, 3 !-','l _,,'" _,,,,,,,c,_, ,,":",:, _~_ .,p . '-'."',"_' .",c" r including attorney's fees and costs of title evidence, that Altegra incurs in exercising its right to foreclosure, which Altegra anticipates in the amount of FOUR THOUSAND AND 00/100 DOLLARS ($4,000.00), WHEREFORE, Altegra demands judgment in mortgage foreclosure against Defendant in the amount of ElGHTY-THREE THOUSAND SEVENTY AND 291100 DOLLARS ($83,070,29) [comprised of real debt in the amount of SEVENTY-NINE THOUSAND SEVENTY AND 291100 DOLLARS ($79,070.29) and anticipated foreclosure expenses in the amount of FOUR THOUSAND AND 00/100 DOLLARS ($4,000,00)], plus interest from and after July 24, 2000 atthe per diem rate of$18,23 and costs of suit, together with foreclosure and sale ofthe Mortgaged Property, DOUGLAS M. MARINOS & ASSOCIATES, P.C. '7 ("71 ~OO DATE BY: ~./~ ~ ~- DOUGLA , MARINOS, ESQUIRE Attorney for Plaintiff 101 North Cedar Crest Blvd, Allentown, PA 18104 (610) 434-0504 4 ',,-, ^' . >;;_". ;- 0__'_"':-"'-' -~- ", .,---- -- ,-, '-'-. ,-',-,C:_,'" " ""..~_-v:,,_ - ,- Verification JULIE MATTA states that she is a foreclosure specialist employed by Altegra Credit Company, Plaintiff herein, that she is authorized to make this Verification on behalf of Plaintiff, and that the facts set forth in the foregoing pleading are true and correct to the best of her knowledge, information and belief The undersigned acknowledges and understands that the statements herein are made subject to the penalties of 18 Pa.C,S, ~4904 relating to unsworn falsifications to authorities. ~1uIti IE MATTA .~ "', '-~-~_ l' -- NOT!: September 18th, 1995 ~ OWINGS MILLS, (Clly] MD (Slalel 18 HUMMEL AVENUE, CAMPHILL, PA. 17011 [Property Address) 1. BORROWER'S PROMISE TO PAY In relum for a loan that I have received, I promise to pay U.S. $68,000.00 (Ihls amount is called "principal"), plus Inleresl, 10 the order 01 the lender. The lender is AMERICAN MORTGAGE REDUCTION, INC.. I understand that the lender may transrer this Nole. The lender or anyone who takes this Note by transfer and who Is entitled 10 receive payments under this Nole Is called the ~Note Holder". 2. INTEREST Inlerest will be charged on unpaid principal unlll the lull amount 01 prinCipal has been paid. I will pay Interest al a yearly rale of 9.84%. The Inlerest rate required by this Section 2 Is the rale , will pay both before and aller any default described In SectIon 6(B) of this Note. 3. PAYMENTS (A) Time and Place 01 Payments I I will pay principal and interest by making ~ymenls every month. I wUl make my monlhly payments on the ~2nd day 01 each month beginning on October 22nd, 1995. I will make these payments every month unUI I haye paid all of the principal and Interest and any other charges described below thai I may owe under this Nole. My monthly paymenls will be epplled 10 Interest before principal. II. on September 22nd, 2025, I sUlI owe amounts under this Nole, I will pay Ihose amounts In lull on thai dale, which is called the Mmalurlty date", I will make my monthly payments al 3401 HARTZOALE DRIVE, CAMP HILL, PA 17011 or at a dlllerenl place If required by the Nole Holder. (B) Amounl 01 Monthly Payments My monthly peymanl will be In thl! amount 01 U.S. $ 588.72. 4. BORROWER'S RIGHT TO PREPAY I hSVB the rlghllo make payments 01 prlnclpal at any time belore they are due. A payment of principal only Is known as a Wprepeyment". when I make a prepayment, I will tell the Note Holder In wril1ng that I am doing so. I may make a lull prepayment or partial prepayments without paying any prepayment charge. The Note Holder wlll use all of my prepayments to reduce the amount or prlnclpallhal I owe under Ihls Nole. If I make a partial prepayment, there will be no changes In the due date or In the amounl 01 my monthly payment unless Ihe Nole Holder agrees in wrlling to those changes. 5. LOAN CHARGES If B law, which applies 10 Ihis loan and which sels maximum loan charges, Is finally interpreted so that the Interest or olher loan charges collected or to be collected In' connectlon with this loan exceed the permlUed limits, then: (I) any such loan charge collected shan be reduced by Ihe amount necessary 10 reduce the charge to the permllled limit; and (II) any sums already conecled lrom me which exceeded permllled limits will be refunded 10 me. The Nole Holder may choose to make this refund by reducing the principal [ owe under this Note or by making a direct paymenl to me. II a relund reduces principal, the reduct10n will be trealed as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge lor Overdue Paymenta 11 a Note Holder has not rece~ed Ihe lull amount of any monthly payment by Ihe end 01 Fineen calendar days after the date [t Is due, I wi1l pay a lale charge to the Note Holder. The amount of Ihe charge wlll be 5% 01 my overdue payment of principal and Interest. I will pay Ihls late charge promptly but only once on each late payment. (B) Delault II I do not pay Ihe full amount of each monthly payment on the date it Is due, I will be In default. (C) Notice 01 Delaull If I am In default, the Nole Holder may send me Ii written notice telling me that II I do nof pay the overdue amount by a certain date, the Nole Holder may require me to pey immediately the lull amount of principal which has not been paid and all the Interest thai I owe on Ihe amount. That date must be at least 30 days alter the date on which the notice Is delivered or mailed to me. (0) No Waiver By Note Holder Even If, at a time when I am in default, the Nole Holder does not require me to pey Immediately In lull as described above, the Note Holder wl1l still have Ihe right to do so If 1 am In default at a Ialer time. (E) Payment of Note Holder's Costs and Expenses 11 Note Holder has required me to pay Immediately In full as described above, the Note Holder will have Ihe right to be paid back by me for ell 01 its costs end expenses In enforcing Ihls Note to the extent not prohibited by applicable law. These expenses Include, for example, reasonable allorneys' lees, 7. GIVING OF NOTICE Unless apprlCable taw requires a dillerent method, any notice that must be given to me under this Note wll1 be given by delivering it or by mailing II by first class mail to me at the Property Address above or at a different address If I give Ihe Note Holder a nolice of my different address. Any notice Ihat must be given to the Nole Holder under Ihls Note will be given by mailing it by first class mall to the Note Holder at the address slaled in Section 3(A) above or at a different address If I am given a notice 01 that dlllerent address. MULTISTATE FIXED RATE NOTE - Single Family - FNMNFHLMC UNIFORM INSTRUMENT cfr32~ (' "<'~-'- "'~~ ,~~~ " r '~ l. B. OBLIGATIONS OF PERSONS UNDER THIS NOTE II more than one person signs this Note, each person Is lully and personally obligated to keep all 01 the promIses made In Ihis Nole, Including Ihe promise to pay the full amount owed. Any person who Is a guarantor, surely or endorser of Ihls Note Is also obligated 10 do these Ihlngs. Any person who takes over Ihese obligations, Including the obligations 01 a guaranlor, surely or endorser 01 Ihls Nole, Is also obligaled to keep all 01 ihe promises made In Ihls Note. The Note Holder may enforce ils rights under this Note against each person Individually or against alf of us logether. This means that anyone 01 us may be required 10 pay an of the amounls owed under Ihls Nole. 9. WAIVERS I and any other person who has obllgallons under this Note wolve the rlghls or presenlment end notice 01 dishonor. "Presentment" meens Ihe rlghl 10 require Ihe Note Holder 10 demand paymenl of the amounts dUB. "Notice of dishonor" means the right 10 require the Nole Holder 10 give nollce 10 olher persons thai amounts due have nol been paid. 1 D. UNIFORM SECURED NOTE This Nole Is a uniform Instrument with limited varlatlons In some jurlsdlcilons. In addlllon to the protections given 10 Ihe Note Holder under this Nole, a Mortgaga, Deed of Trust or Security Deed (the "Security Instrument"), daled the same date as this Note, prolects Ihe Nole Holder lrom possible losses which mlghl result If I do not keep the promises which I make in this Note. Tha! Security Instrument descrIbes how and under whet condlllons I may be required to make Immediate payment In lulfll all amounts I owe under Ihls Note. Some 01lhoS9 condillons are described as follows: Transfer of the Property or a Beneficial interest in Borrower. II all or any part 01 Ihe Property or any interesl In II is sold or transferred (or II a beneliclallnteresl In Borrower Is sold or Iransferred and Borrower Is not a natural person) wllhoul lender's prior written consent, lender may, al lis option, require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by lender if exercise Is prohibited by rederallaw as ollhe date 01 this Security Instrument. If lender oxlilrclses this option, lender shall give Borrower notice of acceleration. The notice shall provide a period of nol less than 30 days from the date Ihe notice Is delivered or mailed within whIch Borrower musl pay all sums. secured by Ihls Security Instrument. II Borrower falls to pay these sums prIor 10 the expiration of this period, lender may Invoke any remedies permllled by this Security Instrument wllhout further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. C'-d''''''(tit'u~'' CHARLES E, DOUGHERTY (Se.ij -Borrowsr (Ssal) -Borrower (Seal) -Borrower (Seal) -Borrower (Sign Original Only) ([, Witness Witness Witness withcut recourse pay to the order of Altegra Credit Company ...... " Harry Korotki, President American Mortgage Reduction, Inc. -, '\ - ~, :1 1 I I j ;1 ;) :,1 if " )] ;t :j j -I: W ',.",<- "~ 3039 2\ q l(1~3 .t, , , G , ,f.J., "" ) t, i f I ~ I "'...", ~ 1 .,. 'j j(;:lr:. r<vuEHT P. ZI~CL ~;','- r":CO~DEll OF DEEDS 'CU/.\GERl.Mhl COUNTY' PA / ~ -; :f 0 0 '/ J (;/11 () ! '95 OCT 10 A1'l111'7 1=e~u_fn io' VALLEY TITLE COMPANY' 9199 AE/STEASTOWN AD, SUITE 2018 OWINGS I.1I~LS, MD 21117 VT=\=f \=...'='0 =" ~_.:> I:J 479281-881 .' (Sp.cl Abov. nIl L1u For Reeor.'l; Olt!) H21 MORTGAGE THIS MORTGAGE ("Security Instrument") is given on SEPTEMBER 18 1995 . The mortgagor is CHARLES E. DOUGHERTY AND JOAN M. DOUGHERTY ("Borrower"), This Security Instrument is given 'to AMERICAN MORTGAGE REDUCTION. INC.. ,wn".:n IS organlzea an,[fiXlsllng under the laws of MARYLAND ' and whose address is 10902 REISTERSTOWN ROAD STE 104 " " a-IINGS MILLS MARYLAND. 21117 ( Lender ), Borrower owes Lender the pnnclpal sum of SI" XTY EIGHT THOUSAND AND NO/lOQ' S**------------------- i ..Dollars(U.S,$ 68,000.00**----=J, This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on SEPTEMBER 22, 2025 .This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. Par this purpose, Borrower does hereby 'mortgage, granfand convey to Lender the following described property located in DELAWARE County, Pennsylvania: THE ,LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF, bOU~ 1:~85 PACE lU8 which has the address of 18 HUMMEL AVENUE ' CAMP HILL (Streotl IClty) . ("Property Address"); Pennsylvania 17011 IZlp Code) TOGETHER W.ITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " . BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the fight to mortgage, grant and convey the Property and that the Property is unencum be red. except for encumbrances of ,record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encum brances of record. PENNSYLVANIA- Sin.1. P.mily"F.n..ie M.c/Freddi. Mec UNIFORM INSTRUMENT W;; "aRM :1O:!0 V..r~ion 1.0 fllt'll'lll PM,O 1 of I'i Iniljlll~ ~ I "'1 IfH'.~ /I ,~ .~,_."~,~ -,. - -~,~- THIS SECURITY INSTRU0" :t. combines uniform covenants for I. Jnal use and non-uniform COVCl\;'\nts with limited tV<lriation!; by juri.:.dictio1\ to constitute;], uniform security l'l\!;trumcnt covering real property, UNIFORM COVENANTS, Borrower and Lender covenant and agree as follow,,: 1. Payment of Principal and Interest; Prr~payrncnt and Late Chaq~cs. Borrower sh~dl promptly pay when due the principal of and interest On the debt evidenced by the Note and any prcpayment and late charges due under the Note, 2.' Punds for Taxes and [nsurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority ovcr this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any: (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgnge insurance premiums. These items an; callt:d "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgi1ge loan may require for Borrower's escrow account under the federal Re:t1 Estate Settlement Procedures Act of 1974 as amendod from time to time, 12 U,S,c. S20GI ef req, ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount, Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law, The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Punds to pay the Escrow Items, Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lendor may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds, Lender shall give to Borrower. without charge. an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each dobit to the Funds was made, The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to by held by applicable law, Lender shall account to Borrower for the'excess Funds in accordance with the requirements of applicable law, If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shnl! pay to Lender the amount necessnry to mnke up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender, If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments receiveJ by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2: third, to interest due; forth, to principal due; :Iod last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, chargl;s, finl;s and impositions attributable to the Property which may att.ain priority oV~r this Security Instrument, and leasehold payments or ground relits, if any, Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that man.ner, Borrower shall pay them on time directly to the person owed payment, Borrower shall promptly f~rl11sh to Lender all notices of amounts to be paid under this paragraph, If Borrower makes these payments d<rectly, Borrower shall promptly furnish to Lender receipts evidencing the payments, Borrower shall promptly discharge ~IlIY litn which has priority Over this Security Instrument unle~~~; Borrower: (a) agrees in writing to the payment of the obligation secured by tilt.: lien in a m,H)ller acceptable to Lender,: (b) contests, in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which In the Lender s opinion operate to prevent the enforcement of the lie0; or (c) secures from the holder of the lie~ an agreement satisfactory to Lender subordinating the lien to tilis Security Instrument, If Lender determines that any part .of the Property i~;. su?ject. to. a lien which may attain priority over thi!: Security lnstrument, Lendc: may give narrower a notIce IdentIfYing the lien. Borrower shilll sati~;fy the li~n or take.: une or more: of the act.lons set forth above within 10 day:; of the giving of notice. . 5. Hazard or Property Insurance. Borrower shllll keep the improvements now existing or herellfter erected on the Property insured against loss by fire, haz~rds included within the term "extended coverage" and ilny other hazarc..ts, Including floods or flooding, for wl\lch Lender reqllin:~ in!:lIrance. Thi!: in~:\Irance !:hall be FORM ]0)'.) Vefsion 1.0 (1I19f9J! f'll{lll 2 of 6 qYJ1,-llnltlllls C tOOK L~ kS PM,d 117 LSI10PAO ""!<'I"'1 ~, .""""""~.~~ ~ ", ,"'''-"~,.,,~~~~''''''''-~-~!_, ."",- - r~' ,.,.,.~ ,.~""~.~~ ..,. I~ r ,- m,lintained in the :llnollnt:; and for lllC period:;; that Lender requires, The ill:",rallce carrier providing the insurance shall be 'cho:;cn'by Borrow!.:r subject to Lellder'~ approval which shall iwt be tlnrea:;ollably withhdJ, If llorrower fail~; to maintain cover:lge Jcscribcu above, Lender may, at Lcnuer':; option, obtain cU'Ier:\ge to protect Lenucr's rights in the Property in accordance with paragraph 7, All insurance policies and renewal:; :;hall be acceptable to Lender and :;h:dl include a :;tandJlrJ mortgage clau5c. Lenuer shall have the right to h6iJ the policies and renewal::. If lenuer rr~quin~:;, Borrowr.:r ~;hall promptly give to Lender all rcceipt~; of paid premillf11S and renewal notices. In the e'lent of los:;, Borrower shall give prompt notice to the insuranct carrier and Lender. Lender may make proof of los~ if not made promptly by Borrower. Unless Lender and Borrower otherwi~;e ngrec in writing, insurance proct:ed~; shall bt ilPplied to restoration or repair of the Property damageu, if the restoration or repair is tcclIwrnieally ka~:ible ilnd Lender's security is not lessened, If the ,restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proct:ed~ shall be applied to the sums sc:cure.d by this Securi ty Instrument, whetlH.:r or not then due, with any excess paid to Borrower, If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds, Lender may use the proceeds to repair or restore the Property nr to pay sums secured by this Security Instrument. whether or not then due. The 30-day period wil,l begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting frofTl damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition, 6. Occupancy. Preservation, Maintenance and Protection of the Property; Borrower's Loan Application: Leaseholds, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and ~h::dl continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property, Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the fien created by this Security Instrument or Lender's security interes!, Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling tlwt, in Lendt:['s good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument ,or Lender's security interest, Borrower shall also be in default if Borrower, during the loan application process. gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, 'representations concerning Borrower's occupancy of the Property ns a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property, If Borrower fails to perform the covenants and agreements cont.lined in this Security Instrument, or there is a legal proceeding that may significnntly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property, Lender's 3ctions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable.: attorneys' fce~: .Iod entering on the Property to make repairs. Although Lender may take actions under this paragraph 7, Lender does not have to do so, Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument, Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and sl"dl be payable, with interest, upon notice from Lender to Borrower requesting payment, B. Mortgage Insurance. If Lender required mortgage insurance as a condition of niaking the loan ~ecurtd b~ this Security Instrument, Borrower shall puy the prtmiums required to maintain the mortg.agc ~ns\Jrance In eHeet. H, for any reason, the mortgage insurance coverage required by Lender lapses or ce.ases to be ~n effect, Borr?wer s~all pay the premiums required to obtain coverage substantially equivalent to the mortgage Insurance preVIOusly In effect, at a cost substantially equivalent to the cost to ,Borrower of the mortgage insurance preViously In effect,. from an alternate mortgage insurer approved by Lender. If sub"tantially equivalent mortgage Insurance coverage IS not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage In~urance premium being paid by Borrower when the insurance coverage lapsed or ceased to be In effect. Lender w.lll accept, use and retain these payments as a loss rtserve in lieu of mortgage insu~r~lnce. Loss reserve payments may no longer be required, at the option of the Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes FORM )O)!} Ver~ion 1.0 11/1919)} PaOli (1 _. ) of 6 _~fi._. lni 11111 ~ c iM'~ t~HS PAGE 1118 lSI10PJ.r: "",~,,,,,,,,,,~ """" ~,'- '~~""'~~-"f'-' ~ I'~"'''._' , ' ,'~~ .,,~ - ::'Lvailable and i~ obtained. Borrower shill ,IY the prcmiurn~ requireJ to maintain n .gage insurance in effect, or to rrovide a lo~~'1i reserve, until the req~irement For mortgilCe insurance end~; ill.accorc.Llf1CC with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and in!.ipections of the: Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying: reasonable cause for the inspection. 10. Condemnation, The proceeds of any award or claim fDr damage", direct or consequential, In connection. with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, ore hereby assigned and sholl be paid to Lender, In the event Df a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrurnent, whether or not then due, with any excess paid to 13orrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to Or greater than the amount of the"sums secured by this Security Instrument immediately before the taking. unless 13orrower and lender othen.ise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following: fraction: (a) the total <Imount of the sums secured immediately before the taking, divided by (b) the fair market value Df the Property immediately before the taking, Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amDunt of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds sholl be applied to the sums secured by this Security Instrument whether or not the sums are then due, If the Property is abandoned by Borrower, or jf, after notice by Lender to Borrower that the condemnor offers tD make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and narrower otherwi1;e acrcc in writing, lIny appliclltion or proceeds to princiral shall not extend or postpone the due dote of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. BOrrower Not Released; Forbearance By Lender Not 0 'Naiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower sholl not operate to release the liability of the original Borrower or Borrower's SUCcessors in interest. Lender shnll not be required to commence proceedings against any SUCceSsor in interest Of refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security InstrUment by reason of any demand mode by the original Borrower or Borrower's successors in interest. Any forbearance by' Lender in exercising any right or remedy shall not be 0 waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns nDund; Joint and Several Linbility; Co-signers, The covenants and agreements of this Security fnstrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17, Borrower's covenants and agreements shall be joint and ,several. Any Borrower who co-signs this Security Instrument but dDes not execute the Note: (a) is CD-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 nDt personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lendtr and any other Borrower m!lY agree to extend, modify, forbear or make any accommodations with regi:\rd to the term's or this Security Instrument or the Note without that Borrower's consent. 13. Loan Chorges. If the loon secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loon exceed the permitted limits, then (0) any such IDan charge shall be red\.lceu by the amount necessary to reduce the charge to the permitted lifnit; and (b) any sums <.llready collected from Borrower which exceeded permitted limits will be rdunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment tD Borrower. If a rdund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. , ,14.. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering It Or by mailing it by first class mail unless applicable 1:1\. requires use of another method, The notice shall be directed to the Property Address or any other address Borrower &signates by notice to Lender, Any nohce to Lender sholl be given by first class mail tD Lender's address stated herein or any other addrcss Lender deSignates by notice to Borrower, Any notice prDvided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph, 15.. ~overning Low: Severability, This Security Instrument shall be governed by federal law and the low of the JUrisdiction in whicl~ the ~roperty .is located. In the event that any provision or clause of this Security Instru.ment or the Note confhcts w~th apphcabl~ law, such ~onfhct shall not uffect other provisions of this Security Instrument or the Note which con be given effect Without the conflicting provision. To this end the provIsions of this Security Instrument and the Note are declared to be severable, P,o, 4 .1 (Hro. ,~, Inl"'''C{/ bOO~ l:~8S PAGE 1119 C(l-D!L __ r L~I\Of'^O fOAM :)0]9 Ver11t1n 1.0 11I1'H9Jl ,<<;!',,- ""(.....~~",.,-..,--~-~, , 0"" ~'. - ~-'''''''~~-'''~'' ,~ 16. Dorro.wer's Copy. Borrower :;h;dl be given one conformed cory o,r the t'.1otc and of this Security (n~;trllment. 17. Transfer of the Property or a B<:ndicial IlIterest ill Borrower. If all, or any part of the Property O( any interest in it i~: ~jold or transferred (or if a beneficial interest in Borrower I~: sold or tranf;ferreu and Borrower is not a natural person) without Lcnc..lcr's prior written consent, Lender may, at it option, fL:quire immediate payment in full of all sums secured 'by this Security Instrument. However, thi" option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument, If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on llorrower. 18. Borrower's Right to Reinstate, If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument: or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender' may reasonably require to aSSllre that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged, Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred, However, this right to reinstateshall not apply in the case of acceleration under paragraph 17, 19. Sale of Note: Change of Loan Servicer. The., Note Or a partial interest in the Note (together with this Security Instrument) may be sold one or mare times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note, If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law, The notice will state the name and address of the new Loan Servicer and the address to which payments should be made, The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property, Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law, The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that arc generally recognized to be appropriate to normal residential uses and to maintenance of the Property, Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any ,Hazardous Substance or Environmental Law of which Borrower has actual knowledge, If Borrower learns, or is notified by any governmental 'or regulatory authority, that an'y removal or other remediation of any Hazardous Substance ~ffecting the Property is necessary, Borrower shaIl promptly take all necessary remedial actions in accordance with Environmental Law, As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by EnvironmentaL Law ~lOd the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic p<::sticides and herbicides, volatile solvent.s, materials containing nsbesto$ or formaldel;\yde, and. radioactive materials. As used in this paragraph 20, "Environmental Law" means fcdaa\ laws and l<lwS of the jurisdiction where the Property is located that relate to health, s~lfety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies, Lender shall give notice to Borrowcr prior to acceleration following Ilorrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleratIOn under paragraph 17 unless applicable law provides otherwise), Lender shall notify Borrower of, among other things: (a) the default: (b) the action required to cure the default: (c) when the default must be cured; and (d) that failure to cure the dcfat.lt as spccified may result in acceleration of the SUms seeured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstnte Dfter nccelcrntion and the right to assert in the fprectosure proceeding the non-existence of II dcfllult or any other defense of Borrower.to accelera.tion and forec.losure. If the default is not cured as specified, Lender at ItS optIOn may requIre ImmedIate payment III full of all Sums secured by this Security Instrument Without h1r:her demand and may rore~lose this .Security Instrument by judicial proceeding. Lender shal.1 be e~tlt1ed to col~ec~ all expenses IIlc?rred In pursuing the remedies provided in this paragraph 21, IncludIng, but not lImIted to, attorneys fees and costs of title evidence to the extent permitted by applicable law. FORM ]OH \/enion 1.0 11119/9]1 -~ -, ~";"'''''''''''''-!'''"'~-- PD'JQ 5 t}f~lnllllll~ ~ "" co I fiod ~~ 85 PACE 112 n LSI10PAE "''''''' ~ " '~"~ ~ ~ ~" , 12, Release. Upon payment of all ""ms secured by this Security Instrument, ,,,,s Security Instrument and the - e.~tate cO(lvcyed shall -terminate and become void. After :iuch occurrence, Lende~ shall 'discharge and satisfy this Sc.;urity Instrument without charge to Borrower. Eorro\ycr shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error Or defects in proceedings to enforce this Security Instrument. and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. U. Reinstattment Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument, 25. Purchase Money Mortgage. If any other 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. 26. 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. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rideds) were a part of this Security Instrument. [Check applicable box{es)] o Adjustable Rate Rider 0 Condominium Rider o Graduated Payment Rider 0 Planned Unit Development Rider o Balloon Rider 0 Rate Improvement Rider o Other(s) (specify] o o o 1-4 Family Rider BiweeklyPayment Rider Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and I:~;~ 8/2m.~=w" ,.d "::i' /;J16If!/ covenants contained In this Security (Seal) -Borrower , . . (Seat) -Borrower (Seat) -Borrower .:) .rn(-l (Jf (ibvyl4~ COMMONWEALTII OF FENHS"!LVA!~IA , I On this, the 18th day of SEPTEMBER , 1995 , before me, ~ the undersigned officer, personally appeared E. DOUGHERTY AND JOAN M. DOUGHERTY known to me (or satisfactorily pr,oven) to be the person s whose name s Af.e: subscribed to the within instrument and acknowledged that they executed the same for the purposes herein contained. &. mh1:fVt" County ss: (Seal) - Borrower IN WITNESS WHEREOF, I hereunto set my hand and of . My Commission expires: Sf ).'1) I certify that the precise place of business of the within named Mortgagee is 10902 REISTERSTOWN ROAD, STE 104, OWINGS MILLS, MARYLAND.21117 RECORDED in the Office for Recording of Deeds in and for in Mortgage Book No. Page Date Recorder &c. FOAM j039 Vatsion 1.0 11/19/931 Pago 6 01 6_lnlllQIs BooK1?85 PAGE1121 LSll0PAF ,''';r,;,_~~,~". ~~_~" ~ ~_~~"F c ~ ,,,"-' 15595 . EXHIE3IT "Au ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN LOWER ALLEN TOWNSH~P COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT A POINT ON THE NORTHERN LINE OF HUMMEL AVENUE, AS LAID DOWN BY THE W. GORGAS ESTATE, WHICH POINT IS TWO HUNDRED EIGHTY (280) FEET WEST OF THE WESTERN LINE OF MILLTOWN ROAD, AT THE DIVISION LINE OF PROPERTY NO. 16; THENCE NORTHWARDLY AT RIGHT ANGLES WITH HUMMEL AVENUE, THROUGH THE CENTER OF THE PARTITION WALL OF THIS AND ADJOINING HOUSE AND BEYOND ONE HUNDRED NINETEEN (119) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF A PUBLIC ROAD; THENCE WESTWARDLY ALONG THE SOUTHERN LINE OF SAID PUBLIC ROAD THIRTY FIVE (35) FEET, MORE OR LESS, TO A POINT ON THE DIVISION LINE OF LOT NO. 20; THENCE SOUTHWARDLY ALONG SAID DIVISION LINE ONE HUNDRED NINETEEN (119) FEET; MORE OR LESS, TO THE NORTHERN LINE OF HUMMEL AVNEUE AND THENCE EASTWARDLY ALONG THE NORTHERN LINE OF SAID HUMMEL AVENUE THIRTY FIVE (35) FEET TO A POINT; THE PLACE OF BEGINNING. HAVING THEREON ERECTED A BRICK DWELLING HOUSE, KNOWN AND NUMBERED AS 18 IN SAID PLAN OF LOTS. THE IMPROVEMENTS THEREON BEING KNOWN AS NO. 18 HUMMEL AVENUE. BEING THE SAME LOT OR PARCEL OF GROUND WHICH BY DEED DATED OCTOBER 20, 1980, AND RECORDED AMONG THE LAND RECORDS OF CUMBERLAND COUNTY IN LIBER D29, FOLIO 961, WAS GRANTED AND CONVEYED BY AND BETWEEN ROBERT W, FARVER AND ARLENE L. FARVER UNTO CHARLES E. DOUGHERTY AND JOAN M. DOUGHERTY, HUSBAND A"t!D, " WIFE. " ~-:';:J- '- I!.'c. ;.~~:;..\, ','of P0nnsylvania } , '\' of Cumberland 55 ~' ""'d~nii"'0 office tor the recording of Dell<lk; ',' ",,,~ te . t"rland Countyl ftll ~' ;",.(>' - '~-PageLU{P " ". rny hand a 1~f otfic ,q c::::. ,,'~ ", PA this l.J ayof .19 V . ,/',' BOOK 1285 PAGE 1122 , '",'""",, . -" ~ ~~ ~ ~ ,~ .-. >~' T,HIS ASSIGN~, r OF DEED OF TRUST, Mad, .:his 18th day .of September in the year 1995, by AMERICAN MORTGAGE REDUCTION, INC. of OWINGS MILL, MARYLAND. WITNESSETH, that in consideration of the sum of FIVE DOLLARS ($ 5.00), the said AMERICAN MORTGAGE REDUCTION, INC. both hereby grant and assign unto: ALTEGRA CREDIT COMPANY 116 ALLEGHENY CENTER MALL PITTSBURGH, PA 15212 all of its right, title and interest in a certain Deed of Trust made to AMERICAN MORTGAGE REDUCTION, INC. by CHARLES E. DOUGHERTY and JOAN M. DOUGHERTY and dated the 18th day of September, 1995 and recorded among the Land Records of CUMBERLAND COUNTY in Liber folio on the property known as 18 HUMMEL AVENUE, CAMPHILL, PA. 17011. AS WITNESS the hand and seal the day and year first above Writt~ ~ ,r ," ,,,,,..,,.i', .",," r\ ('SF ,.,'" "" ,..", off!.. :;', ..: <. (,~ i>:,.? . INC .f:.-" {::-...., '_ ' '?, ~- ~~ :,'_y;: f ~,j ti). ::. :';'. . t' <t.," ,-( r.." 'R.' : . ,:: ~Vli'J ~j~ H: \~~~~~~.,~~~~;/; "'..,"VY9.lV,v'\ ....'". .'......."..-...,. AMERICAN MORTGAGE REDUCTION, By: <)~' ~" HARRY S. KOROTKI, TRUSTEE STATE OF MARYLAND, COUNTY OF BALTIMORE, to wit: I HEREBY CERTIFY, that on this 18th day of September, 1995 before me, the sUbscriber, a Notary Public, of the State' of Maryland, in and for the County of Baltimore aforesaid, personally appe~red HARRY S. KOROTKI, Trustee of AMERICAN MORTGAGE REDUCTION, INC. and acknowledged the aforegoing to be his act. As witness my hand and N~~ , My Commission EXPires:';t~htt \l.ol \gqj , .~.~~~~?::~~~i,;::;~\ i'j t. i.!.i i) .... ~:. " . f." ;. . .-. a\.11IV J ("\.\ . :~ \, ~., ~..' \. <.:' , "'..... ~...... ....~r:~?,:-: ,'y.~, .~,'...!;j"J\".:.:: "~I'''':Il'''''''~'.\ ~ Jw:~ ~ " Al(Qgra" Credit Company 150 Allegheny Center Mall Pittsburgh, PA 15212 September 24, 1997 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Charles Dougherty 18 Hummel Avenue Camphill,PA 17011 Dear Mr. Dougherty: The MORTGAGE held by AL TEGRA CREDIT COMPANY (hereinafter .we", "us", or .ours") on your property located at 18 Hummel Avenue, Camphill, PA 17011 is in SERIOUS DEFAULT because you have not made the monthly payment of $588.72 for July, August and September 1997. Late charges (and other charges) have also accrued to this date in the amount of $503.46. Total amount now required to cure this default, or in other words, to get caught up on your payments, as of the date of this letter, is $2,269.62. You may cure the default within thirty (30) days of the date of this letter bv oavina to us the above amount of $2.269.62olus any additional monthlv oavments and late charaes which may fall due durina this oeriod. Such payment must be made either by cash, cashier's check, certified check or money order and made payable to Altegra Credit Company, IDC 23-571,150 Allegheny Center Mall, Pittsburgh, PA 15212. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payment. 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 attorney to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff 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 proceedings are started against you, you will have to pay the reasonable attorney's fees to whatever you oWe us, which may 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. . ',:l!J("," "'-'" '_'W~ ~'"", 0 t - - 1" ~ ~~~ We may also sue you, personally, fOr the unpaid principal balance and all other sums due under the mortgage, If you have not cured the default within the thirty (30) 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 sheriffs foreclosure sale. You my do so by paying the total amount of the unpaid monthly payments plus any attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). A notice of the date of the sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase, the longer you wait. You may find out at any time, exactly what the required payment will be by calling us at 800-745-1787. This payment must be made by cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the sheriffs 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 SUBJECT TO THE MORTGAGE 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 SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST.) YOU ALSO HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDINGS, THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION OR FORECLOSURE. If you cure the default, the mortgage will be restored to the same status as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. VV\JJt William Grubor Collections Ikph -"""'''"', ," ,~ - -"" " Al~gra.Credit Company 150 Allegheny Center M.l'" Pittsburgh, rA 15212 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983. PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARDS YOUR MORTGAGE PAYMENTS. RE: 6019590102123 September 24, 1997 Charles Dougherty 18 Hummel Avenue Camphill, PA 17011 FROM: Altegra Credit Company IDC 06-571 116 Allegheny Center Mall Pittsburgh, PA 15212 YOUR MORTGAGE IS IN SERIOUS 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 delinquency is $2,269.62. This sum includes the following: Three (3) payments at $588,72.eaCh plus late charges of $503.46. 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 and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. PLEASE READ ALL OF THIS NOTICE. IT CONTAINS AN EXPLANATION OF YOUR RIGHTS, Under the Act you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with this lender or with a consumer credit work out repayment plan, or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN 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 proceedings in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. "0;01"):: ,'" -',~~~, m ~~^~.~~_. The names, addresses and phone numbers of our representative are: WILLIAM GRUBOR IDC 23-571 116 ALLEGHENY CENTER MALL PITTSBURGH. PA 15212 1-800-745-1787 The names, addresses and phone numbers of designated consumer credit counseling agenCies are: ACTION HOUSING, INC, TWO GATEWAY CENTER PITTSBURGH. PA 15222 412-281-2102 CONSUMER CREDIT COUNSELING SERVICE OF WESTERN PENNSYLVANIA. INC. 309 SMITHFIELD ST. P.O. BOX 278 SUITE 500 500-02 THIRD AVE. PITTSBURGH, PA 15222 DUNCANSVILLE, PA 16635 412-471-7584 814-696-3546 662 NORTH MAIN ST. GREENSBURG, PA 15601 412-838-1290 HOUSING ACTION COALITION. INC, WESTMORLAND COUN1Y ONLY 714 PHILADELPHIA ST, INDIANA. PA 15701 HOUSING OPPORTUNITIES, INC. 623 VERSAILLES AVE. MCKEESPORT. PA 15134 MONNALLEY UNEMPLOYED COMMITTEE 600 WALNUT ST. MCKEESPORT. PA 15134 URBAN LEAGUE OF PITTSBURGH, INC. ALLEGHENY COUNTY ONLY BUILDING FOR EQUAL OPPORTUNITY 200 ROSS STREET PITTSBURGH, PA 15219 412-261-1130 CONSUMER CREDIT COUNSELING SERVICE OF DELAWARE VALLEY 1211 CHESTNUT STREET SUITE 411 PHILADELPHIA, PA 19107 215-563-5665 125 NORTH JEFFERSON ST. NEW CASTLE. PA 16101 412-652-8074 URBAN LEAGUE OF HARRISBURG, INC. 28 NORTH SECOND STREET HARRISBURG. PA 17101 717-234-5925 CONSUMER CREDIT COUNSELING SERVICE OF LEHIGH VALLEY 1031 LINDEN STREET ALLENTOWN. PA 18102 -rf'~ -- - ~..~ ~~ ~'" 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 may proceed eligibility for assistance. Available funds for emergency assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, P.O. Box 8029 in Harrisburg, Pennsylvania 17105. Their telephone number is 717-780- 3800 or, you may call toll free at 1-800-342-2397, In addition, you may receive another notice from this lender under Act 6 of 1974. This notice is called a "Notice of Intention to Foreclose Mortgage". 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, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance, vv\t~ William Gruber Collections Department Ikph f1~""''' ~ e...... ,., 0- ~ ~~~~ ~~.. Alwgra' Credit Company 150 Allegheny Center M.llt Pittsburgh, PA 15212 September 24, 1997 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Joan Dougherty 18 Hummel Avenue Camphill, PA 17011 Dear Ms. Dougherty: The MORTGAGE held by ALTEGRA CREDIT COMPANY (hereinafter .we" , .us", or .ours") on your property located at 18 Hummel Avenue, Camphill, PA 17011 is in SERIOUS DEFAULT because you have not made the monthly payment of $588.72 for July, August and September 1997, Late charges (and other charges) have also accrued to this date in the amount of $503.46, Total amount now required to cure this default, or in other words, to get caught up on your payments, as of the date of this letter, is $2,269.62, You mav cure the default within thirtv (30) davs of the date of this letter bv pavina to us the above amount of $2,269.62plus anv additional month Iv pavments and late charaes which mav fall due durina this period. Such payment must be made either by cash, cashier's check, certified check or money order and made payable to Altegra Credit Company, IDC 23-571,150 Allegheny Center Mall, Pittsburgh, PA 15212. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payment. 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 attorney to start a lawsuit to foreclose your mortgaged property, If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to payoff 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 proceedings are started against you, you will have to pay the reasonable attorney's fees to whatever you owe us, which may 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. . : 'L _ " lQ( ,<), : ," ;' ~ ~ -"'; ,_~,,~!IIllllIlll""~ _..~ "-"~ We may also sue you, personally, for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty (30) 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 sheriffs foreclosure sale. You my do so by paying the total amount of the unpaid monthly payments plus any attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). A notice of the date of the sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase, the longer you wait. You may find out at any time, exactly what the required payment will be by calling us at 800-745-1787. This payment must be made by cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the sheriffs 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 SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGESAND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST.) YOU ALSO HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDINGS, THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION OR FORECLOSURE. If you cure the default, the mortgage will be restored to the same status as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. TN'~ William Grubor Collections Ikph ,t ,~ ,- -;"... ~~ . = I ~ All:.2gra' Credit Company 150 Allegheny Center Mall' Pittsburgh, r A 15212 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983, PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARDS YOUR MORTGAGE PAYMENTS, RE: 6019590102123 September 24, 1997 Joan Dougherty 18 Hummel Avenue Camphill, PA 17011 FROM: Altegra Credit Company IDC 06-571 116 Allegheny Center Mall Pittsburgh, PA 15212 YOUR MORTGAGE IS IN SERIOUS 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 delinquency is $2,269.62. This sum includes the following: Three (3) payments at $588.72.eacl1 plus late charges of $503.46. 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 and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. PLEASE READ ALL OF THIS NOTICE, IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. Under the Act you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time you must arrange and attend a face-to-face meeting with this lender or with a consumer credit work out repayment plan, or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN 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 proceedings in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. ", 'n;,,}:: .', :'" '."",,"i"< ,.,~ - The names, addresses and phone numbers of our representative are: WILLIAM GRUBOR IDC 23-571 116 ALLEGHENY CENTER MALL PITTSBURGH, PA 15212 1-800-745-1787 The names, addresses and phone numbers of designated consumer credit counseling agencies are: ACTION HOUSING, INC. TWO GATEWAY CENTER PITTSBURGH, PA 15222 412-281-2102 CONSUMER CREDIT COUNSELING SERVICE OF WESTERN PENNSYLVANIA, INC. 309 SMITHFIELD ST. P.O. BOX 278 SUITE 500 500-02 THIRD AVE. PITTSBURGH, PA 15222 DUNCANSVILLE, PA 16635 412-471-7584 814-696-3546 662 NORTH M,A.IN ST. GREENSBURG, PA 15601 412-838-1290 125 NORTH JEFFERSON ST, NEW CASTLE, PA 16101 412-652-8074 HOUSING ACTION COALITION, INC. WESTMORLAND COUNTY ONLY 714 PHILADELPHIA ST, INDIANA, PA 15701 HOUSING OPPORTUNITIES, INC, 623 VERSAILLES AVE. MCKEESPORT, PA 15134 MON-VALLEY UNEMPLOYED COMMITTEE 600 WALNUT ST. MCKEESPORT, PA 15134 URBAN LEAGUE OF PITTSBURGH, INC, ALLEGHENY,COl:JNTY ONLY BUILDING FOR EQUAL OPPORTUNITY 200 ROSS STREET PITTSBURGH, PA 15219 412-261-1130 URBAN LEAGUE OF HARRISBURG, INC. 28 NORTH SECOND STREET HARRISBURG, PA 17101 717-234-5925 CONSUMER CREDIT COUNSELING SERVICE OF DELAWARE VALLEY 1211 CHESTNUT STREET SUITE 411 PHILADELPHIA, PA 19107 215-563-5665 CONSUMER CREDIT COUNSELING SERVICE OF LEHIGH VALLEY 1031 LINDEN STREET ALLENTOWN, PA 18102 ~- ,",.""" - of._ ~. 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 may proceed eligibility for assistance, Available funds for emergency assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, P.O, Box 8029 in Harrisburg, Pennsylvania 17105. Their telephone number is 717-780- 3800 or, you may call toll free at 1-800-342-2397. In addition, you may receive another rrotice from this lender under Act 6 of 1974. This notice is called a "Notice9f Intention to Foreclose Mortgage". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose tqexe~eise your rights described in this notice, we cannot foreclose upon you during that time, Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that.assisfanc:e, . , ViJJ' yo <S, William Grubor Collections Department Ikph -~",~ , ~ . .c, 'I ,-~ - '''-- . , '" -,,'~, '! 1"'l"'.""im I'" '" ~f; tt ~ ..Q -() ~ "-.) . -~, ,~, - , l...,--':-~' _.~1 ""_ ,'" ,~ ~~'~'_.T ',,'.' ,"-C';"')i-",->"--,,,,,;,~,._, ,'U..;:---'- . ...~'''''-'''...m''-''----.-.''' ,- liIiMl1l nrrff'll'r11i'lil ~ 1 h ~ ~ . o () I I ~~ i?T- '-<..."1- ~ C '1 o -', (..' -' c \.';' ,..,) ..;-: .:-;,:-: ---' ~.",,~M!;\lj:~~ ."""!,!Il~!R'iD,".~,,,. .~_J!ltI~~_. . --~'l e .f'1 I .IIl ~" . SHERIFF'S RETURN - REGULAR CASE NO: 2000-05413 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALTEGRA CREDIT COMPANY VS DOUGHERTY CHARLES E ET AL ROBERT L. FINK , 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 DOUGHERTY CHARLES E the DEFENDANT , at 0017:35 HOURS, on the 9th day of Auqust , 2000 at 18 HUMMEL AVE CAMP HILL, PA 17011 by handing to JOAN DOUGHERTY (WIFE) a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.68 .00 10.00 .00 36.68 So Answers: ~f?d::~~t:~l' R, Thomas Kline me this ,f:(; l'f- day of 08/10/2000 DOUGLAS M. MARINOS & ASSOC. ~~ By: , -,_, ( / Depu y S eriff -- Sworn and Subscribed to before O~'- "L-Q~ P othonotary ,~ A.D. - ..~ ., ~.., -,.,-=~ . SHERIFF'S RETURN - REGULAR CASE NO: 2000-05413 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALTEGRA CREDIT COMPANY VS DOUGHERTY CHARLES E ET AL ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DOUGHERTY JOAN M the DEFENDANT , at 0017:35 HOURS, on the 9th day of August , 2000 at 18 HUMMEL AVE CAMP HILL, PA 17011 by handing to JOAN DOUGHERTY a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~"<~~ R. 'Thomas Kline me this ",tv /7 .-' day of 08/10/2000 DOUGLAS M, MARINOS & ASSOC. BY:~~ <:.,/ ~ Deputy Sheriff Sworn and Subscribed to before ~ A.D. 0- fh&L , Prothonotary ~ -"""- ~ I-~ ~ ~ . 1-- II>;!' ALTEGRA CREDIT COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PENNSYLV ANIA v. : No, 00-5413 Civil Term CHARLES E. DOUGHERTY and JOAN M, DOUGHERTY, Defendants : MORTGAGE FORECLOSURE NOTICE TO PLEAD TO: Altegra Credit Company You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from service hereof or a default judgment may be entered against you. i"'-~- ~~ Q~--'- - . ~_, ~ ."'n.""!, ,_ , ,~,. - .." ,r ,~, ,'^1, "1 - - 1 " -~ ALTEGRA CREDIT COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PENNSYLVANIA v, : No. 00-5413 Civil Term CHARLES E. DOUGHERTY and JOAN M. DOUGHERTY, Defendants : MORTGAGE FORECLOSURE PRELIMINARY OBJECTIONS TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW comes Defendants, Charles E, Dougherty and Joan M. Dougherty (hereinafter "Defendants"), by and through its attorneys, Laws, Staruch & Pisarcik, and files the following Preliminary Objections to the PlaintifPs Complaint, and in support thereof represents the following: 1. Paragraph 10 ofPlaintifI's Complaint alleges that "Altegra has complied with the notice provisions of Act 6, 41 P,S. ~ 101, et seq. , , ," and that "A true and correct copy of the notice sent to the Defendants pursuant to Act 6 and Act 91 is attached hereto. , .". 2. Section 403 (c) of41 P.S. provides in pertinent part as follows: "( c) The written notice shall clearly and conspicuously state: (2) The nature of the default claimed; (3) The right of the debtor to cure the default as provided in section 404 of this act and exactly what performance including what sum of money, ifany must be tendered to cure the default;" '. -,-".---".-' - -,,'-'- 3. The Notice ofIntention to Foreclose Mortgage attached to the Complaint as part of Exhibit D ("Notice ofIntention") is dated September 24, 1997, and was delivered to Defendants in 1997, 4. The Notice of Intention states that the Defendants are in default for failure to make monthly payments for the months ofJuly, August and September 1997. 5, Paragraph 8 of the Complaint alleges that Defendants have failed to make mortgage payments due for December of 1999 through July of2000, thus acknowledging and admitting that all previous defaults had been cured, 6, Pursuant to 41 P.S. ~404(c), the Defendants' cure of the default restored the Defendants to the same position as ifthe default had not occurred. 7. Plaintiff has failed to comply with the requirements of 41 P. S. ~ 403 in that the Notice of Intention fails to state the nature of the default claimed. 8. The Notice ofIntention states that the default may be cured within thirty (30) days by payment of $2,269.62 plus any additional monthly payments and late charges which may fall due during this period. 9, Paragraph 12 of the Complaint alleges that Defendants are indebted to Plaintiff for accrued interest in the amount of $9,899.21, Late Charges of $1,206.70, and Other Charges of $360.79. 10, Plaintiff has failed to comply with the requirements of 41 P. S. ~ 403 in that the Notice of Intention fails to state exactly what performance including what sum of money must be tendered to cure the default. (~ ~., . - ~I ~" 1--' WHEREFORE, Defendants requests this Honorable Court Dismiss Plaintiff's Complaint and award Defendants' reasonable attorneys fees, costs, and such other and further relief as the Court may detennine. By: W, Scott Staruch, Esq. Atty ID No, 23887 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 Attorney for Defendants : -:<'~' "'\ ""'.-,, ." -, " - "; -- ~, . - - e< , -,~._. . "---~-~ "^, . ~- "); - -' - CERTIFICATE OF SERVICE I, W. Scott Staruch, Esq" hereby certifY that a true and correct copy of the foregoing Preliminary Object~s was s~rved by mailing a copy ofthe same by U.S. First Class Mail, postage prepaid, this Gy ofJ~'C(. ,...I.~R. 2000, to the following: Douglas M. Marinos, Esq. 101 North Cedar Crest Blvd. Allentown, PA 18104 -'----. ".". , .,'~- ^ - ,.,. . ,,,-. ,-,.,-, r." illll ~c".,~., .... ""l,,,:,., p-'~_' ,_, ~.,- ~- I'-It~ _'_~~ o. ~,~ . '="~'h_1l[.'JJ[."" " "'>" ,.. ,,,"'~''''''''',,..'' . '''IIlIitf'''''''''''''''1fjCl1 un C"', r...... C (. ..' . i s: :'') ",'-i '""'J 0..'1 '. ..... .... ~, i''' ..."-, ::-'''j --, [~- > -< ~-'~ ) -< ~~~~'C_~lt~~,:;;11!lIJm~~WiI~~I'IiQl~!lIln1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION - LAW ALTEGRA CREDIT COMPANY, Plaintiff, NO. 00-5413 CIVIL TERM vs, MORTGAGE FORECLOSURE CHARLES E. DOUGHERTY and JOAN M. DOUGHERTY, Defendants. ANSWER TO DEFENDANTS' PRELIMINARY OBJECTIONS Plaintiff, Altegra Credit Company, (hereinafter "Altegra"), by and through their attorney, Douglas M. Marinos & Associates, P.C. answers the Preliminary Objections made by, Defendants Charles E, Dougherty and Joan M. Dougherty as follows: 1. Denied. Altegra denies paragraph 1 of Defendants' Preliminary Objections in so far as Altegra's Complaint speaks for itself, and no response is required to Plaintiffs' digest, paraphrasing, and/or quotation thereof. 2. Denied, Altegra denies paragraph 2 of Defendants' Preliminary Objections in so far as Section 403 (c) of 41 P.S. speaks for itself, and no response is required to Plaintiffs' digest, paraphrasing, and/or quotation thereof, 3. Denied. Altegra denies paragraph 3 of Defendants' Preliminary Objections in so far as the Notices ofIntention to Foreclose Mortgage ("Notices ofIntention") speaks for themselves, and no response is required to Plaintiffs' digest, paraphrasing, and/or quotation ^^ ',"-'-, '<;,7~,.'~.'~ ,: _, ,"-, , -::-_;:":,,,--~_,"7 ,,-.,..,.~,'f ,~, -,'-, '--',-_.' __-__~_m' _ . .. ~ thereof. 4, Denied, Altegra denies paragraph 4 of Defendants' Preliminary Objections in so far as Notice of Intention speaks for itself, and no response is required to Plaintiffs' digest, paraphrasing, and/or quotation thereof. 5, Denied. Altegra denies paragraph 5 of Defendants' Preliminary Objections in so far as paragraph 8 of Altegra' s Complaint speaks for itself, and no response is required to Plaintiffs' digest, paraphrasing, and/or quotation thereof. Should a response be required, Altegra denies the fact that Altegra's Complaint alleges that Defendants have failed to make mortgage payments from December of 1999 through July of 2000 is acknowledgment and/or admission that all previous defaults have been cured. On the contrary, it merely shows that all payments made by Defendants, after the first event of default in July of 1997, were retroactively applied towards past due monthly principal and interest payments, Not only have Defendants not cured default, but they have allowed the arrears to increase from the original three (3) monthly payments of principal and interest to eight (8) total principal and interest payments past due.! 6, This paragraph states legal conclusions to which no response is required, Should a response be required, it is denied that Defendants have cured default and restored themselves to the same position as if default had not occurred, Defendants attempt to conceal their default behind Altegra's accounting procedures. Defendants originally defaulted on the Note and Mortgage in July of 1997. The Notices of Intention state the three (3) months Defendants were !Defendants were eight months in arrears as of the filing of Altegra's Complaint. Since that time, Defendants have missed additional monthly payments and have allowed the arrears to increase. . ._.', '_n'_', ',' '^ '..' ,',- ,".1_ en __ -,' ~_ c- -. -"'- ,.- ,'.c".- in default as the day of the Notices, Any payments made by Defendants since their original default of July of 1997 through September of 1997 have been credited to their past due months. While Defendants have made some of the regular monthly payments due under the Note and Mortgage since September of 1997, they have not have not made sufficient payments to cure the original default and bring them current on the Mortgage and Note. In fact, Defendants have made their monthly payments erratically and have allowed the arrears to increase. 7. This paragraph states legal conclusions to which no response is required. Should a response be required, it is denied that Altegra has failed to comply with the requirements of 41 P.S, S 403 in that the Notices of Intention fail to state the nature of the default claimed. Pursuant to 41 P.S. S 403, Altegra's Notices of Intention clearly set forth Defendants' default and the manner in which default was calculated as of the day of the Notice of Intention. 8. Denied, Altegra denies paragraph 8 of Defendants' Preliminary Objections in so far as the Notices of Intention speaks for itself, and no response is required to Plaintiffs' digest, paraphrasing, and/or quotation thereof. 9. Denied. Altegra denies paragraph 9 of Defendants' Preliminary Objections in so far as paragraph 12 of Altegra' s Complaint speaks for itself, and no response is required to Plaintiffs' digest, paraphrasing, and/or quotation thereof, 10. This paragraph states legal conclusions to which no response is required. Should a response be required, Altegra denies it has failed to comply with the requirements of 41 P.S. S 403 in that the Notices of Intention fails to state exactly what performance including what sum of ;..,.. ,. -,' -. ~". r_, .'; -'f -l' '.\ -'.""""." " -.r--' --. "".,,,!- '"- '. c _ _~" ',_. money must be tendered to cure default. Pursuant to 41 P.S. g 403, Altegra is required ,inter alia, to send out notice of their intention to foreclose at least thirty (30) days before taking action and to provide notice of the exact amount to cure default as ofthe date of the notice,2 Altegra is not required to provide formulas to Defendants to calculate the amounts necessary to cure default from the day of the Notices of Intention through the day Defendants fInally cure default, but merely provide a telephone number to contact Altegra to determine the currently owed amounts as Altegra did on the Notices of Intention. 3 WHEREFORE, Altegra Credit Company requests this Honorable Court dismiss Defendants' Preliminary Objection and enter an Order directing Defendants to fIle an answer to Altegra's Complaint within twenty days and such other relief as is just. Respectfully submitted, DOUGLAS M. MARINOS & ASSOCIATES, P.C. Date: September 27,2000 I ~ Douglas arinos, Esquire Attorney J.D. #53104 Attorney for Altegra Credit Company 101 N. Cedar Crest Boulevard Allentown, Pennsylvania 18104 (610) 434-0504 2 Bankers Trust Company v. Foust, 424 Pa. Super, 89, 95, 621 A.2d 1054, 1057 (1993), 3 rd. ,~ ---'-1" .." ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION - LAW ALTEGRA CREDIT COMPANY, Plaintiff, NO, 00-5413 CIVIL TERM vs. MORTGAGE FORECLOSURE CHARLES E. DOUGHERTY and JOAN M. DOUGHERTY, Defendants. CERTIFICATE OF SERVICE I, Jorge M. Pereira, Esquire do hereby certify that I have on September 27, 2000 served a true and correct copy of Plaintiff s Answer to Defendants' Preliminary Objections and Brief in Support on the persons set forth below by frrst class mail, postage pre-paid, which service satisfies the requirements of the Pennsylvania Ru1es of Civil Procedure and local rules, at the address noted below: W. Scott Staruch, Esquire 20 Erford Road, Suite 305 Lemoyne, Pennsylvania 17043-3871 DOliLAS M. I I SSOCIATE, P.C. . ererra, squire ey I.D. #75242 omey Altegra Credit Company 101 N. Cedar Crest Boulevard Allentown, Pennsylvania 18104 (610) 434-0504 . "~ -- -t- ~ . ,-- " ~ ~ ~ - .-- ;jI r"'T '~r"~", " ~ ,,, n "'Y""":P"""~" ."' C<7",',t:_,_~)~"-?-,""-!'P:,,,:_:'_"'-'-"<':'"'\-~''' ,^-"-" ,- ~-. -" 'i'."_"__ _r,_'~"" ~- <' c: "t)~ tn[P ~:;/;bi ~2,~t--- ,-:::, ~~' 7',-r--i "'>.;, ~-' ~c. ~(-:-; :~; '3 ~, ,-">,;",~, -"';-c,-, -,~ .', 'Ti c- c5' ~:;q -fJ t\) co !:) '1 '-~' _1~ ::t: ;}l'~! ::;-1 55 ',"" -. -, !\) -<;,-.,...., --,,--,~'_~_'\"t'f_~_'\'-'~"_' F:\FILES\DATAFlLE\Qendoc.cur\54947-ans.lftde Created: 09/05/00 10:3'1:38 AM: Revised: lO/06/00lO:5S:21AM 5494.7 DENNIS R LEBO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-5314 - CIVIL ACTION -LAW MIDDLESEX TOWNSHIP and ROBERT M. EPPLEY, CHARLES W. SHUGHART, and VICTORP. STABILE, SUPERVISORS: OF MIDDLESEX TOWNSHIP, and MARK : D. CARPENTER, ZONING OFFICER, Defendants IN MANDAMUS PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Dennis R Lebo, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this Reply to New Matter: 28. Denied. To the best of Plaintiffs recollection, he never indicated to the Zoning Officer of Middlesex Township that he would stop using his property for lease. It is admitted that he may have indicated that T. I. P. was building a new facility and may not be using his property for lease after completion of the facility, 29. Admitted in part and denied in part. The averments of Paragraph 28 ofthis Reply are incorporated herein by reference. By way of further answer, Plaintiff admits that he informed the Zoning Officer of Middlesex Township that he would develop a schedule for the removal ofT .I.P' s trailers from his property in conjunction with that company's occupation of a new facility, Plaintiff never represented that he would not use his property for storage purposes in the future. 30. Admitted. By way of further answer, the use was temporary in the sense that the property may not always be occupied, day-to-day, by trailers or other items. 31-35. Admitted. 36. Denied as stated, It is denied that Plaintiff"waited" in the sense that he deliberately stalled in filing the plan, It is true that he did file the plan on August 26, 1996, By way of further answer, at or about the time of the filing of his plan, Plaintiff determined to continue using his property as a storage yard for temporary parking of trailers, modulars and other materials. 37, Denied, This averment is a conclusion of law requiring no further answer herein. Additionally, and by way of further answer, no representative of Defendant Middlesex Township "'f_~T~'" _-,~~'-' "'." . ~ f ._~ - ever notified Plaintiff of any particular alleged defects or the particular section of the Township's subdivision and land development ordinance which was being violated. 38. Denied. It is specifically denied that Plaintiff ever agreed for the Middlesex Township Planning Commission, the Middlesex Township Board of Supervisors, or any other representatives of the Township, that he would cease using his property for the permitted use of trailer storage and storage of other items by March, 1997, or any other date whatsoever. 39. Denied. The averments of Number 38 ofthis Reply to New Matter are incorporated herein by reference. 40. Denied. The averments of Number 38 ofthis Reply to New Matter are incorporated herein by reference. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph. Plaintiff is without knowledge as to the reason why the Board of Supervisors did not pursue the Enforcement Notice issued June 21, 1996. Additionally, the Enforcement Notice was issued under the jurisdiction of the Zoning Officer and not under the auspices of the Board of Supervisors. Plaintiff is similarly without knowledge as to why the Zoning Officer did not pursue his Enforcement Notice. 41. Denied. The averments of Number 38 of this Reply to New Matter are incorporated herein by reference absent authority under the Pennsylvania Municipalities Planning Code, and absent the agreement of Plaint iff and his offer of an extension of time for the Board to consider his plan, the Board simply failed to follow the time requirements set forth in the Pennsylvania Municipalities Planning Code with a denial of his plan. The Board of Supervisors had no authority; in fact, or under law, to hold Plaintiffs plan in abeyance and by doing so, it suffered the consequences set forth in Section 508 ofthe Pennsylvania Municipalities Planning Code with respect to deemed approval of the plan. 42. Admitted. By way of further answer, Plaintiff avers that in no instance did the property remain vacant for a period of one year or longer. 43. Denied. It is denied that Plaintiff inquired whether he could use his property to store trailers. On the contrary, he informed the Zoning Officer that he would use his property to store trailers. By way of further answer, Plaintiffs use was legal notwithstanding the Zoning Officer's insistence that such use was illegal. """-"l'~'8!i_ ~-. 7"''' . ~ ~ 44. Admitted in part and denied in part. Subsequent to September, 1996, Plaintiff was informed by various Township representatives that his plan would not be approved. Therefore, Plaintiff assumed that further inquiry into the status of his plan would be futile. Plaintiff is a lay person without knowledge of the intricacies of the Pennsylvania Municipalities Planning Code. Plaintiff spent substantial funds on the preparation and submission of his plan, and at no time indicated to any representative of the Township that he was withdrawing it. 45. Denied. Plaintiff has obtained a deemed approval of the plan in accordance with Section 508 of the Pennsylvania Municipalities Planning Code. By way of further answer, this averment is a conclusion ofIaw requiring no further answer herein. 46. Denied. This averment is a conclusion ofIaw requiring no answer herein. By way of further answer, Plaintiff asserts that the storage of trailers on his property continues to be a lawful non-conforming use. 47-49. Denied. The averments ofthis paragraph are a conclusion ofIaw requiring no answer 50. Denied. The Middlesex Township Board of Supervisors has no justifiable reliance in not taking further action with respect to Plaintiff s plan, as there was no agreement between the Township and Plaintiff with respect to his plan. 51-52. Denied. The averments of this paragraph are conclusions ofIaw requiring no answer herein. WHEREFOR, Plaintiff demands judgement in his favor together with costs of this action. MARTS ON DEARDORFF WILLIAMS & OTTO B~~~ Edward L. Schorpp, Esquire Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Dennis R. Lebo Date: October 6, 2000 -"';W~ ~-~ ~~, "' ~ " VERIFICATION The foregoing Reply to New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~.c..tf, D IS R. Lebo -;? ~ .:"~ "- .~~ CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Reply to New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN and SPARE, P.C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 MARTSON DEARDORFF WILLIAMS & OTTO ~tkol) MdlM{ Ten East High Street 7 Carlisle, P A 17013 (717) 243-3341 Dated: October 6, 2000 "~""""rnl l!I II 'I- "' '", ~ ~, r "''', ~,~ ""~ -,. ~ __1!!IlIl~, :- ", '1__'~:~~~~~' _ ""~~ -r_, '0 ,- ,~ ~ '" -,,-~ .-.-~",..." . ,". ,_" H, '," "'0 .. "'''-'-'~'-'Illj'' 'j]JI~" ..... 0 c; () C C) ','j :;:.~ 0 .. "'D tr ..., ".~_2 n"l ["I .-4 . -7 :.I~' L.- , ,i'1 Z r;" ::-iC? c/~ en -( , :'::C) r:: '-, " :j~~j :;:'::::: :;~ Co) _.i'~ )> () f'~ ~~ IT1 c.:: :z "J J;" -1 C,... ~~ -<. -, -, "',,,,."',,,,-, 'Jr T'F,',!,~_- 'm. ~__" ,-?t-_. ~_h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ALTEGRA CREDIT COMPANY, Plaintiff, NO. 00-5413 CIVIL TERM I :I " il I i! Ii , :~ ;~ :~ ~ 'H ,~ :~j ,f: vs. MORTGAGE FORECLOSURE CHARLES E. DOUGHERTY and JOAN M. DOUGHERTY, Defendants. PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: {, '~l ~:i ~,1 il :l1 il /\ vi " ;"; Kindly mark the above-captioned matter as settled, discontinued and ended without prejudice. DOUGLAS M, MARINOS & ASSOCIATES, P.C. "', n :n ,,; ;F:i i , ouglas M, M . os, Esquire Attorney for laintiff 101 North Cedar Crest Blvd. Allentown, PA 18104 (610) 434-0504 J.D. No. 53104 ,l:;i ':i >1 :J :i ,'j I . 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