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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
MORTGAGE ELECTONIC
REGISTRATION, assignee of
PLATTE VALLEY FUNDING, L.P.,
Plaintiff,
VS.
WILLIAM LEONARD and
KATHY LEONARD,
Defendants
TO: DEFENDANTS
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN lWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT
MAY BE ENTERED AGAINST YOU.
W L TMAN, WEINBERG & REI~ CO., L.P.A
By: ~~~-
Pi. ORNEYS FOR PLAINTIFF
I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS:
c/o Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
AND THE DEFENDANTS ARE:
2009 Dickinson Avenue
Camp Hill, PA 17011
,
I HEREBY CERTIFY THAT THE LOCATION OF THE REAL
ESTATE AFFECTED BY THIS LIEN IS:
2009 Dickinson Avenue
Camp Hill, PA 17011
Borough of Camp Hill: County of Cumberland
WELTMAN, WEINBERG & REIS CO., L.P.A
BY: ~ ""'-to'\.. ",vL-.
A ORNEYS FOR PLAINTIFF
NO: 00 - S9~
Clu~L'r~
ISSUE:
CODE:
COMPLAINT IN MORTGAGIE
FORECLOSURE
FILED ON BEHALF OF:
PLAINTIFF
COUNSEL OF RECORD FOR THIS
PARTY:
JON A. McKECHNIE, ESQUIRE
Pa.I.D.#36268
WELTMAN, WEINBERG & REIS CO., L.PA
Firm #339
2718 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
(412) 434-7955
WWR#01980767
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVil DIVISION
MORTGAGE ELECTONIC NO:
REGISTRATION, assignee of
PLATTE VAllEY FUNDING, L.P.,
Plaintiff,
vs.
WilLIAM lEONARD and
KATHY lEONARD,
Defendants
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case rnay proceed without you and a judgrnent may be entered against you by the
Court without further notice for any rnoney c1airned in the Cornplaint or for any other c1airn or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Lawyers Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
MORTGAGE ELECTONIC NO: f/tJ - $'90.3 ~ ~
REGISTRATION, assignee of
PLATTE VALLEY FUNDING, L.P"
Plaintiff,
vs.
WILLIAM LEONARD and
KATHY LEONARD,
Defendants
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now, comes Plaintiff, Mortgage Electronic Registration, assignee of Platte Valley
Funding, L.P., by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.PA, and
files this Complaint in Mortgage Foreclosure, averring in support thereof the following:
1. The Plaintiff is, Mortgage Electronic Registration, assignee of Platte Valley Funding,
L.P., a lending institution duly authorized to conduct business within the Commonwealth of
Pennsylvania (hereinafter "Plaintiff').
2. The Defendants are, William Leonard and Kathy Leonard, adult individuals whose last
known address is 2009 Dickinson Avenue, Camp Hill, PA 17011.
3, On or about April 12, 1994, the Defendants, executed a Note in the original principal
amount of $77,537.00. A true and correct copy of said Note is attached hereto as Exhibit "A".
4. On or about April 12, 1994, as security for payment of the aforesaid Note, the
Defendants, made, executed and delivered to Platte Valley Funding, L.P., a Mortgage in the
original principal amount of $77,537.00 on the premises hereinafter described, said Mortgage
being recorded in the Office of the Recorder of Deeds of Cumberland County on May 2, 1994,
Mortgage Book Volume 1210, Page 158. A true and correct copy of said Mortgage containing a
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description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and
made a part hereof.
5. Platte Valley Funding, L.P., assigned all of its right, title and interest in and to the Mortgage
to Source One Mortgage Services Corporation, pursuant to an Assignment of Mortgage, Said assignment
being recorded on February 26, 1997 in Mortgage Book Volume 541, Page 484.
6. Source One Mortgage Services Corporation, assigned all of its right, title and interest in and to
the Mortgage to Mortgage Electronic Registration, pursuant to an Assignment of Mortgage. Said
assignment being recorded on April 19, 1999 in Mortgage Book Volume 610, Page 151.
7. The Defendants are the current record and real owners of the aforesaid mortgaged
premises.
8. The Defendants are in default under the terms of the aforesaid Note and Mortgage
for, inter alia, failure to pay the monthly installments of principal and interest when due.
9. Demand for payment has been made upon the Defendants by Plaintiff, but
Defendants have failed or refused to pay the principal balance, interest or any other portion
thereof to Plaintiff.
10. Plaintiff was not required to send Defendants written notice of Plaintiff's Intention to Foreclose
Mortgage pursuant to 41 P.S. ~403 (Act 6 of 1974) prior to the commencement of this action for the reason
that said Mortgage is not a "residential mortgage" as defined in to 41 P.S. ~1 01.
11. Plaintiff was not required to send Defendants written notice pursuant to 35 P,S. ~ 1680.403c
(Homeowner's Emergency Mortgage Assistance Act of 1983-Act 91 of 1983) prior to the commencement
of this action for the reason that the Mortgage is insured by the Federal Housing Administration under Title
11 of the National Housing Act.
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12. The amount due and owing Plaintiff by Defendants is as follows:
Principal
Interest thru 08/08/00
Late Charges
Attorneys' Fees
Title Search
TOTAL
$ 67,094.08
$ 2,699.97
$ 139.53
$ 800.00
$ 50.00
$ 70,783.58
13. Contemporaneously hereunder, Defendants have been advised of his right to
dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices
Act 30 Day Notice, attached hereto marked Exhibit "C" and made a part hereof.
WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of
$70,783.58, with interest thereon at the rate of $16.77 per diem from August 8, 2000, plus costs,
in addition to late charges and for foreclosure and sale of mortgaged premises.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL
BE USED FOR THAT PURPOSE.
WELTMAN, WEINBERG & REIS CO., L.PA
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Jon A. McKechnie, Esquire
Attorneys for Plaintiff
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #01980767
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LOAN NUMBER: 1521574
Multistate
I FHA Cu. No.
441-48~5635-703
NOTE
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(Date] APRIL 12, 1994
FHLMC LN#: 007511637
2009 DICKINSON AVENUE , CAMP HILL,.PA 17011
[Property Addreu]
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means
PLATTE VALLEY FUNDING, L.P.
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of
SEV'EN'rY SEVEN THOUSAND FIVE HUNDRED THI.R'rY SEVEN AND 00/100
Dollars (D.S, $ 77537.00 ), plus intereS~ to the order of Lender, Iuterest will be elIarged on unpaid principal,
from the date of disbursement of the loan proceeds by Lender, at the rate of NINE
percent( 9.00 %) per year until the fun amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security inst:rument that is dated the same date as
this Note and called the "Security Instrument" That Security Instrument protects the Lender from losses which might result if
Borrower defaults under this Note.
4, MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of princip!l and interest to Lender on the first day of each month beginning on
JUNE 01, . 1994 . Any principal and interest remaining on the first day of MAY 20,14
, will be due on that date, whiell is ca11ed the "Maturity Date."
(B) Place
Payment shall be made at PLATTE VALLEY fUNDING, L. P.
SCOTTSBLUFF, NEBRASKA 69361'
writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of $ 697.63 . This amount
will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other
items in the order described in the Security Instrument.
(D) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the
allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this
Note. [Check applicable box]
601 5TH AVENUE
or at such other place as Lender may designate in
o Graduated Payment Allonge
D Growing Equity Allonge
D Other [specify]
5, BORROWER'S RIGHT TO PREPAY ,
Borrower has the right to pay the debt evidenced by this Note; in whole or in Part. without charge or penalty, on the fIrst day
of any month. '
FHA Multllitate Fixed Rate Note. 2191
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6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Pa)'lDents
H Lender has not received the full monthly payment required by the Security Instrument. as described in Paragraph 4(C)
of this Note by the end of fIfteen calendar days after the payment is due, Lender may collect a late charge in the amount of
FOUR percent (4 %) of the overdue amount of each payment
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of
the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all
accrued inferest. Lender may choose nOllO e:.;ercise this option without waiving its rights in the event of any subsequent default
In many circumstances regulations isSUed by the Secretary will limit Lender's rights to require immediate payment in full in the
case of payment defaults. This Note does not authorize acceleration when not pennitted by HUD regulations. As used in this Note,
"Secretary" means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expenst5
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys' fees for enforcing this Note. Such fees and costs shall bear interest from
the date of disbursement at the same rate as the principal of this Note.
,
7. WAIVERS
Borrower and any other person whC) has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presenunent" means the right to require Lender to demand payment of aniouots due. "Notice of dishonor" means the right to
require Lender to give notice to other petsons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by
delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has
given Lender a notice of Borrower's different address.
Any notice that must be given to lAmder under this Note will be given by fU'St class mail to Lender at the address stated in
Paragraph 4(8) or at a different address if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER TIllS NOTE
If more than one person signs this Note, each p~n is fully and persooally ohligated to keep all of the promises made in this
Note. including the promise to pay the tun amount owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor. surety or
eodorser of this Note, is also ohligated to keep all of the promises made in this Note, Lender may enforce its rights uoder this
Note against each person individually or against all signatories together. Anyone person signing this Note may be required to pay
aU of the amounts owed under this Note.
BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Note.
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Commonwealth of Pennsylvania
MORTGAGE
FHA Case No,
441-4835635-703
LOAN NUMBER 1521574
TIllS MORTGAGE ("Security Instrument") is given on
WI~LIAM LEONARD AND KATHY LEONARD I
APRIL 12, 1994
("Borrower"). This Security Instrument i$ given to
p~TTE VALLEY FUNDING I L.P.
. The Mortgagor is
which is organized and existing under the laws of DELAWARE , and whose
ad~s~ 2530 S. PARKER ROAD, SUITE 500 AURORA, CO 80014
~ ("Lender"). Borrower owes Lender the principal sum of
SEVENTY SEVEN THOUSAND F:tVE HUNDREO TH:tRTY SEVEN AND 00/.100
Dollars (U.S. $ 77537.00 ).
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 MAY 01, 2014 , Th,is Security
Instl1lment secures to Lender: (a) the repayment of the debt evidenced by the Note, with intereSt, and all renewals, extensions and
modifications; (b) the payment of aU oilier sums, wiili interest. advanced under paragraph 6 to protect ilie security of this Security
instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the: Note. For
this purpose, Borrower docs hereby mortgage, grant and convey to Lender the following described property located in
CUMBERLAND County, Pennsylvania:
SEE ATTACHED "EXHIBIT A II
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whichhastheaddressof 2009 DIckINSON AvENuE, ,CAMP HIl.L
Pennsylvania 17011 [ZlpCod'I("Property Address");
FHA Potbnsylvanla. Mortgage. 4(92
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TO~ WITH all the improvements now or hereafter erecred on the property, and all easements, rights, appurtenances,
rents, royalties. mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the
property, All replacements and additions shall also be covered by this Security Instrument All of the foregning is referred to in
this Security Inslrument as the "Property."
BORROWER COVENANTS that ~orrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and
will defend generally the title to the Property against all CI~lJlS and demands, subject to any encumbrances of record.
1. Payment of Principal, Interest aDd Late Charge. Borrower sball pay when due the principal of, and interest on, the
debt evidenced by the Note and late charges due unCler the Note.
2. Monthly Payments otTaxes, Insurance and Other Charges. Borrower shall include in each monthly payment,
together with the principal and interest as set forth in the Note and any late charges, an installment of any (3) taxes and special
assessments levied or to be levied against the Property, (h) leasehold payments or ground rents on the Property, and (c) premiums
for insurance required by paragraph 4.
Each monthly instaIhnent for items (a), (h), and (c) shall equal one.twelfth of the annual smounts, as reasonably estimared
by Lender, plus an amount sufficient to maintain an additional balance of not more than one-.sixth of the estimated amounts. The
fuU annual amount for each item shall be accumulated by Lender within a period ending one month before an item would become
delinquent Lender shall hold the amounts collecred in trust to pay items (a), (lj), and (c) before they become delinquent
If at any time the total of the payments held by Lender for items (a), (h), and (c), together with the future monthiy payments
fot such items payable to Lender prior to the due dates of such items, exceeds by more than one-sixth the estimated amount of
payments required to pay such items when due, and if payments on the Note are current. then Lender shall either refund the
excess over one-sixth of the estimated payments or credit the excess over one-sixth of the estimated payments to subsequent
payments by Borrower, at the option of Borrower. If the total of the payments made by Borrower for item (a), (h), or (c) Is
insufficient to pay the item when due, then Borrower shall pay to Lender any amount necessary to make up the deficiency on or
before the date the item becomes due.
As used in this Security Instrument, "Secretary" means the Secretary of Housing and Urban Development or his or her
designee. In any year in which the Lender must pay t mortgage insurance premium to the Secretary (or any year in which such
premium would have been required if the Lender still held the Security Instrument), each monthly payment shall also include
either: (i) an inslallment of the annual mortgage insmance premium to be paid by Lender to the Secretary, or (ii) a monthly charge
instead of a mortgage insutance premium if this Security instrUment is held by the Secretary. Each monthly insra11ment of the
mortgage insurance premium shall be in an amount sufficient to accumulate the full annual mortgage insurance premium with
Lender one month prior to the date the full annual mortgage insurance premium is due to the Secretary, or if this Security
Instrument is held by the Secretary, each monthly charge shall be in an amount equal to one-twelfth of one-half percent of the
outstanding principal balance due on the Note.
If Borrower tenders to Lender the full payment of all sums secured by this Security Instrument, Borrower's account shall be
credited with the balance remaining for all installments for items (a), (b), and (c) and any mortgage insurance premium installment
that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower.
Imrn~tely prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any
balance remaining for all instaIhnents for Items (a), (h), and (c).
3. Application of Payments, All payments under paragraphs 1 and 2 shall be applied hy Lender as follows:
Firs!. to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary
instead of the monthly mortgage insurance premium: ,
~, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance
premiums, as required;
Third, to interest due under the Note;
Emlllb, to amortization of the principal of the Note;
Fifth, to late charges due under the Note.
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4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property. whether now in
e:Kistence Dr subsequently erected, against any hazards. casualties, and contingencies. including rue. for which Lender requires
irlsurance. This insurance shall be maintain,ed in the amounts and for the periods that Lender requires. Borrower shall also insure
all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required
by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals
sltall be held by Lender and shall include'loss payable clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made
promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss
direCtly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by
Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, fIrst to any
dolinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of
the damaged Property, Any applicatiou of the proceeds to the principal shall not extend or postpone the due date of the monthly
payments which are referred to in paragraph 2. or change the amount of such payments. Any excess insurance proceeds over an
mnount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally
entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the
indebtedness, all right, title and interest of Botrower in and to insurance policies in force shall pass to the purchaser.
s. 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 c1ays,after the execution of
this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least ODe year after the
date of occupancy, unless the Secretary determines this requirement will cause undue hardship for Borrower, or unless
extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating
circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to
deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan
is in default Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also
be in default if Borrower. during the loan application process, gave materially false or inaccurate infonnation or statements to
Lejlder (or failed to provide Lender with any material infonnation) in connection with the loan evidenced by the Note, including,
bu~ not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security
Instrument is on a leasehold, Borrower shall compfy with the provisions of the lease. If Borrower acquires fee title to the
Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
6. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or
municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time
directly to the entity which is owed the paymenllf fallure to pay would adversely affect Leader's interest in the Property, upon
Ler1der's request Borrower shall promptly furnish to Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perfonn any other covenants
and agreements contained in this Securi!:}' Instrument, or there is a legal proceeding that may significantly affect Lender's rights in
the Property (such as a proceeding in bankruptcY, for condemnation or to enforce laws or regulations), then Lender may do and
pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of mes,
habU'd insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this
Security Instrument These amounts shall bear interest from the date of disbursement. at the Note rate, and at the option of Lender,
shaIl be immediately due and payable.
7. Condemnation. The proceeds of any award or claim for ~ages, direct ,or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in place lof condemnation, are hereby assigned and
shall be pain to Lender to the extent of the full amount of the in~b-tedI\~s that"remains unpaid under the Note and this Security
Insuument Lender sball apply such proceeds to the reduction of'the intlebtedness under the Note and this Security Instrument,
frrst to any delinquent amounts applied. in the order provided in paragraph 3, and then to prepayment of principal. Any application
of the proceeds to the principal shall not extend ot postpbne the due date of the mbnthly payments, which are referred to in
a -4R(PA) (9212) Pa913blG InltlalS:~'
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par~aph 2, or change the amount of such payments. Any excess proceeds over an ~ount required to pay all outstanding
indebtedness under the Note and this Security Instrum~t shalLbe paid to the entity legally entitled thereto.
8, Fees. Lender may collect fees and charges authorized hy the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may. except as limited by regulations issued by the Secretary in the case of payment defaults,
require immediate payment in full of allsurns secured by this Security Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required hy this Security Instrument prior to or
on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this
Security InstrumenL
(b) Sale Without Credit ApprovaL Lender shall, if penuitted hy applicable Jaw and with the prior approval of the
Secretary, require immediate payment in full of all sums secured by this Security Instrument if:
(i) All or part of the Property, or a beneficial interest in a trust owoing all or part of the Property, is sold or otherwise
transferred (other than by devise or desoent) by the Borrower, and
(ii) The Property is not occupied hy the porchaser or grantee as his or her principal residence, or the purchaser or
grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements
of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full. but Lender docs
not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations ofHUD Secretary. Iu many circumslances regulations issued by the Secretary will limit Lender's
rights in the case of payment defaults to require immediate payment in full and foredose if not paid. This Security
Instrument does not authorize acce1enUion or foreclosure if not permitted by regulations of the Secretary.
(el Mortgage Not Insured. Borrower agrees that should this Security Iostrument and the Note secured thereby not he
eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option and
notwithslanding anything in paragraph 9, tequire immediate payment in full of all sums secured hy this Security
InsttumenL A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date
hereof, declining to insure this Security Instrument and the Note secured thereby, shall be deemed conclusive proof of
such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of
insurance is solely due (0 Lender's failure to remit a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of
BOrrOwer's failure to pay an amount due under the N:ote or this Security Instrument This right applies even after foreclosure
proce.edings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring
BorrOwer's account current including, to the extent they are Obligations of Borrower under this Security Instrument, foreclosure
costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon
reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not
requifed immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted
reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of
a culTent foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (ill)
reinstatement will adversely affect the priority of the lien created by this Security Instrument
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification
of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall
not operate to release the liability of the original Borrower or Borrowerf s successor in interest Lender shall not be required to
commence proceedings against any successor in interest or refuse to extend time' for payment or otherwise modify amortization of
the sums secured by this Security InslIUment by reason of any demand blade by the original Borrower or Borrower's successors
in interest Any forbearance by Lender in exercising any right or remedy shall not be B waiver of or preclude the exercise of any
right or remedy.
ca _4R(PA) (92121
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12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this
Security Instniment shall bind and twnefit the succ.essors and assigns of Lender and Borrower, subject to the provisions of
paragraph 9.b. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note; (a) is co-signing this Security Instrument only to mortgage. grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument; (b)'-U; not personally obligated to pay the sums
secured by this Security Instrument; and, (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or
make any accommodations with regard to the tenns of this Security Instrument or the Note without- that Borrower's consent
13. Notices. Any notice to Borrower provided for hi iliis Security Inslrument ~all be given by delivering it or by mailing it
by first class mail unless applitable law requires use of another method. The notices~all be directed to the Property Address or
any other address BOlIOwer designates by notice to Lender. Any notice to Lender sh'1ll be given by f"st class mail to Lender's
address stated herein or any address LeIIder designates by notice to Borrower. Any notii:e, provided for in this Security Instrument
shall be deemed to have been given to Borrower or Lender when given as provided in 'tbjs paragraph.
14. Governing Law; Severability. This Security Inslrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or claus", of this Security Instrument or the Note
conflicts with applicable law. such conflict shall not affect other provisions of this Se.cUrity Inslrulnent or the Note which can be
given effect without the conflicting pray-ision. To this end the provisions of this Security Inslrument and the Note are declared to
be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy ot'this Security Inslrument
16. Assignment of Rents. Borrower unconditionally assigns and rransfers to Lender all the rents and revenues of the
Property. Borrower authorizes Lender.or Lender's agents to collect the rents and revenues and hereby directs each tenant of the
Property to pay the rents to Lender or Lender's agents. However. prior to Lender's notice to Borrower of Borrower's breach of
any covenant or agreement in the Security Ioslrument, Borrower shall collect and receive all rents and revenues of the Property as
trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment
for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as bUStee for
benefit of Lender only, to be applied to the sums secnred by the Security Imtrumen~ (h) Lender shall he entitled to coliect and
receive all of the rents of the Property; a11d (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's
agent on Lender's written demand to the tenant ..
Borrower bas not executed any prior assignment of the rents and has not and will not perform any act that would prevent
Lender from exercising its rights under this paragraph 16,
Lender, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to
Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents
shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property
shall terminate when the debt secured by the Security Inslrument is paid in full.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may foreclose
this Security Instrument by judicial proceeding. Lender shall be entitled to collect aU expenses incurred in pursuing the
remedies provided in this paragraph 17, including, but not limited to, attorneys' fees and costs of title evidence.
18. Release. Upon payment of aU sums secured by this Security Inslrument, this' Security Inslrument and the estate
conveyed shall tennmate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument
without charge to Borrower. Borrower shWl pay any recordation costs.
19. Waivers. Borrower, to the exwnt permitted by applicable law, waives and releases any error or defects in proceedings
to enforce this Securiry 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.
20. Reinstatement Period. Borrower's time to reinstate pro'(ided in paragraph 10 shall extend to one hour prior to the
commencement of bidding at a sheriff's sl11e or other sale pursuant to this Security Instrument
21. Purchase Money Mortgage. If any o~~~l~~t secured by th~ Securit)' Instrument is lent to Borrower to acquire title to
the Property, this Security Instrument shall be a "W~_ mbney mortgage.
e .4R(PA) (92121 page5~rB Inluarl:~L
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or in an action 'of mortgage foreclosure shall be the rate payabl.e from time to time under the Note.
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23. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument. the covenants of each such rider shall be incorpomted into and shall amend and supplement the covenants
and agreements of this Security Instrument as if the rider(s) were a part of this Security Inslrument
[Check applicable OOx(08)]
o Condominium Rider
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o Other [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s)
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(Seal)
-Borrower
,
(Seal)
-Borrower
Certificate of Residence
I, PLATTE VALLEY FTJNDING, L. P.
tbewithin-namedLenderis 2530 S. PARKER ROAD, SUITE 500
Witness my hand this
(Seal)
-Borrower
(Seal)
-Borrower
\'2.~
, do hereby certify that the correct address of
AURORA, CO 80014
day of
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~:olb-A- L )(1) 00-:
COMMONWEALTH OF PENNSYLVANIA, ,~I'(\
Oothis,the ''2.~ day of ~ ,\q:/Lj
personally appeared WILLIAM LEONARD AND KATHY LEONARD,
County ss:
Agent of Lender
" before me, the undersigned officer,
person5 whose name~ CAJ.subscribed to the within instrum
executed the same for the pwposes herein contained.
IN WI1NESS WHEREOF, I hereunto set my hand and ,o,(fiP!:\\ '
My Commission Expires: ' , "
&: .4R(PA) (9212)
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Notar1alSeaI
UoaAFlnkor&ler.Nol!UY_
Han1ebu1\l,OauphlnCWOty
My eom"""klil_Oec. 14, 1996 .
M~mcer, aniaAssodaliotl Notanes
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ExHIBIT A
ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE,
LYING AND BEING IN THE BOROUGH OF CAMP HILL IN THE COUNTY OF
CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: ' '
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF DICKINSON AVENUE, 50
FEET WIDE, AT THE DIVIDING LINE BETWEEN LOTS NOS. 138 AND 139,
SECTION "D" OF THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE SOUTH
7 DEGREES 12 MINUTES EAST ALONG SAID DIVIDING LINE 150 FEET TO LOT
NO. 128; THENCE SOUTH 82 DEGREES 48 MINUTES WEST, ALONG LOTS NOS.
128 AND 127, 60 FEET TO LOT NO. 140; THENCE NORTH 7 DEGREES 12
MINUTES WEST, ALONG SAID LOT NO. 140, 150 FEET TO THE SOUTHERN J;,INE
OF DICKINSON AVENUE; THENCE NORTH 83 DEGREES 48 MINUTES EAST ALONG
THE SOUTHERLY LINE OF DICKINSON AVENUE 60 FEET TO A POINT, THE
PLACE OF BEGINNING.
BEING LOT NO. 139, SECTION "D" IN THE PLAN OF COLLEGE PARK AS
RECORDED IN THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE IN PLAN
BOOK NO, 4, PAGE 108, AND HAVING THEREON ERECTED A ONE STORY BRICK
DWELLING HOUSE KNOWN AND NUMBERED AS 2009 DICKINSON AVENUE.
UNDER AND SUBJECT TO ALL ACTS OF ASSEMBLY, COUNTY AND TOWNSHIP
ORDINANCES, RIGHTS OF PUBLIC UTILITY AND PUBLIC SERVICE COMPANIES,
EXISTING RESTRICTIONS AND EASEMENTS VISIBLE OR OF RECORD TO THE
EXTENT THAT ANY PERSONS OR ENTITIES HAVE ACQUIRED LEGAL RIGHTS
THERETO.
.
BEING THE SAME PREMISES WHICH DANN M. LEES AND CHERYL ANN LEES,
HUSBAND AND WIFE, BY DEED DATED SEPTEMBER 7, 1990 AND RECORDED
SEPTEMBER 12, 1990 IN THE OFFICE OF THE RECORDER OF DEEDS IN AN FOR
CUMBERLAND COUNTY IN RECORD BOOK T-34, PAGE 847, GRANTED AND
CONVEYED UNTO WILLIAM LEONARD AND KATHY LEONARD, HUSBAND AND WIFE,
MORTGAGORS HEREIN.
Stete of Pennsylvania } ss
~-,:-unty of Cumberland
'. !C",)(ded in the office for the recording of Co"
.~nd f9F,(;u,mberland County,.tlN
i Boo~Vo'r.-_Page,l;ZJ> Ou
, w' my han nd seal of offl . ::::!.l
C.rlisle. PA thO .I. da of 019
ReClicder
~1210 PACE 184
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FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE
By law, this law firm is required to advise you that unless within 30 days after receipt of
this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed
to be valid by us. If said notification is sent to us in writing, we are required to provide you with
verification of the debt. In tne event within a 30-day period you request in writing the name of
the original creditor, it will be provided to you if different from the current creditor. In the event
that you dispute the debt and/or request the name of the original creditor in writing within the
3D-day period, no further action will be taKen to obtain Judgment in the pending lawsuit until the
verification and/or name of the original creditor has been provided to you.
from the date of service.
EXHIBIT V
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VERI FICA nON
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. S 4904
relating to unsworn falsifications to authorities, that helshe is
, of
, plaintiff herein.
(TITLE)
(COMPANY)
that he/she is duly authorized to make this verification, and that the facts set forth in the
foregoing Complaint are true and correct to the best of hislher knowledge, information and
belief.
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(Signature)
Michael Headen
Sr. Vice President
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SHERIFF'S RETURN - REGULAR
2000-05903 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTONIC
VS
LEONARD WILLIAM ET AL
KATHY J. CLARKE
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
LEONARD WILLIAM
the
DEFENDANT
, at 0014:26 HOURS, on the 21st day of September, 2000
at 2009 DICKINSON AVE
CAMP HILL, PA 17011
by handing to
KATHY LEONARD (WIFE FOR
BOTH)
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:
r~~<~~~
R, Thomas Kline
09/22/2000
WELTMAN, WEINBERG & REIS
me
Sworn and Subscribed to before
this ;2/, 1t;:: day of
i{'k;;;"...:L...., ;h]n) A . D .
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othonotary
By:
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SHERIFF'S RETURN - REGULAR
,CASE NO: 2000-05903 P
,
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTONIC
VS
LEONARD WILLIAM ET AL
KATHY CLARKE
, Sheriff or Deputy Sheriff of
Cumberland County,pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
LEONARD KATHY
the
DEFENDANT
, at 0014:26 HOURS, on the 21st day of September, 2000
at 2009 DICKINSON AVE
CAMP HILL, PA 17011
by handing to
KATHY LEONARD
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
~~~c
R. Thomas Kline
09/22/2000
WELTMAN, WEINBERG & REIS
Sworn and Subscribed to before
By:
(~~
me this ,;u.'e
day of
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Pr h'onotary
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.,
Plaintiff
No.: 00-5903
vs.
TYPE OF PLEADING:
WILLIAM LEONARD and
KATHY LEONARD,
PRAECIPE TO SETTLlE AND
DISCONTINUE WITHOUT
PREJUDICE
Defendants.
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Kimberly J. Hong
PA I.D. #74950
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building
436 ih Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#01980767
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVil DIVISION
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.,
Plaintiff
No.: 00-5903
vs.
WilLIAM lEONARD and
KATHY lEONARD,
Defendants
PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE
PROTHONOTARY:
Kindly settle and discontinue the above-captioned matter and mark the docket
accordingly.
Respectfully submitted:
Weltman, Weinberg & Reis Co., L.P.
By:
Kimberly J, Hong
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building
436 7th Avenue
Pittsburgh, PA 15219.
(412) 434-7955
NOTARIAL SEAL
ANGELA M, SCHOFIELD, NOTARY PUBLIC
CITY OF PITTSBURGH. ALLEGHENY COUNTY
MY COMMISSION EXPIRES MARCH 8, 2006
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