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HomeMy WebLinkAbout01-05420IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Assignee NATIONAL CITY BANK Np. ~ ~,_ s2/~ C'w`~~~yy~ OF PENNSYLVANIA, Plaintiff, v. ISSUE NO.: CODE: JAMES E. ASCH and ROSALIE W. ASCH, Defendants TYPE OF PLEADING: TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAYBE ENTERED AGAINST YOU. WELTMAN, WEINBERG & REIS CO., L.P.A. By: -, A ~R YFi~N FF I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 116 Allegheny Center Pittsburgh, PA 15212 AND THE DEFENDANT ARE: 140 Glendale Street Carlisle, PA 17013 WELTMAN, WEINBERG/8 RE~IS~CO~.~~LP.A BY: ~~ _/ /////6/ ATTORNEYS".FOYCPL~Yi, N51FF I HEREBY CERTIffFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 140 Glendale Street Carlisle, PA 17013 3`" Ward; Bgh of Carlisle WELTMAN, WEINB -R ~ & REI C :, L.P BY: ATTORP S FOR P F COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, ESQUIRE Pa. I.D. #74950 WELTMAN, WEINBERG &REIS CO., L.P.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412)434-7955 WWR#02302133 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Assignee NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff, NO: Ol - SY~ l.iv~(, i£'2Y~~ v. JAMES E. ASCH and ROSALIE W. ASCH, Defendants NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Assignee NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff, v. JAMES E. ASCH and ROSALIE W. ASCH, Defendants AIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff, Altegra Credit Company, assignee of National City Bank of Pennsylvania, by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: The Plaintiff is Altegra Credit Company, assignee of National City Bank of Pennsylvania, a lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "PlaintifF'). 2. The Defendants are James E. Asch and Rosalie W. Asch, adult individuals whose last known address is 140 Glendale Street, Carlisle, PA 17013. 3. On or about April 28, 1999, the Defendants executed a Fixed Rate Simple Interest Note and Security Agreement (hereinafter "Note") in the original principal amount of $100,577.25. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about April 28, 1999, as security for payment of the aforesaid Note, the Defendants made, executed and delivered to Plaintiff, a Mortgage in the original principal amount of $100,577.25 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on May 3, 1999 in Mortgage Book Volume 1538, Page 1114. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. National City Bank of Pennsylvania, assigned all of its right, title and interest in and to the Mortgage to Plaintiff, pursuant to an Assignment of Mortgage. 6. The Defendants are the current record and real owners of the aforesaid mortgaged premises. 7. The Defendants are in default under the terms of the aforesaid Note and Mortgage. 8. Demand for payment has been made upon the Defendants by Plaintiff, but Defendants were unable to pay the principal balance, interest or any other portion thereof to Plaintiff. 9. On or about July 31, 2001, Defendants were mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et seq. 10. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 99,892.35 Interestthru 3/1/01 $ 5,968.41 Late Charge thru 3/1/01 $ 657.69 Total Fees thru 3/1/01 $ 15.00 Execution Costs thru 3/1/01 $ 0.00 Attorneys' Fees thru 3/1/01 $ 1,050.00 Other Charges thru 3/1/01 $ 50.00 TOTAL $1 07,633.45 11. Contemporaneously hereunder, Defendants have been advised of their right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit "C" and made a part hereof. WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of $107,633.45, with interest thereon at the rate of $28.05 per diem from March 1, 2001, 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.P.A. ~~~~~/ Kimberly J. Hong, Esquire' ° V v ~~ Pa. I.D. #74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 " ~~';,~ Fixed Rate Simple Interest Note And Security Agreement Branch Compllfie Loan® National City. u a registered trademark of Natioml City Corpomtloa. Dated 04/28/1999 JAMES E ASCH Q Debmr(s) ROSALIE W ASCH Address 140 GLENDALE ST 4 6- 5 7.3t 4 C 81 e 1 /~] L4' tiro CARLISLE °~ State, Zip FA 170130000 ©TERMS OF REPAYMENT FOR VALUE RECENED, you the undersigned ("Debtor), promise to pay to the order of National City Bank of Pennsylvania ("Bank"), the principal sum of $ 100577.25 together with interest on the principal sum outstanding from rims to time and on any other amounts due under this Agreamem, except iatemat, at the rate of 10.250 % par annum and payable is 359 consecutive monthly installments of $ 904.32 each, with a final installment of $ 904.32 beginning on 06/15/1999 and continuing on the same day of each month thereafter unW paid in furl. Your payment history could effect the amount you owe un er 's Agreement. ' ®pESCRIPTION OF GOODS 1ST M7G 140 GLENDALE ST PAYMENT 1"PROPERTY"1 Q LOAN USE .You represent to Bank that the loan proceeds are to be used as follows: *PURCHASE PROPERTY (HMDA) ® DISBURSEMENT OF PROCEEDS Bank is authorized [o disburse loan proceeds as indicated in fie Itemization of the Amount Financed. © INSURANCE AGREEMENT Insurance on rho property moat be obtained by you. You may choose the person through whom such insurance is obtained. You cannot obtain such insurance from Benk. Bank may require Vendor's Single Interest Insurance for the term of this Agroament. Vendor's Single Intoroet Insurance protects only the Bank's interests. You may obtain extended warranty coverage, but such coverage is not inquired end cemot be obtained fiom Bank. Written evidence of insurance, with Bank named as lose payee, will be delivered to Bank. If the security for this loan is real estate, you must maintain proper real estate insurance on the Prop~ririyy including proper flood insurance required by law. If this loan ie eacured by other then real estate, insurance moat consist of Piro, Theft, Comprehensive end Coilieion with no[ mom than Five Hundrod Dollam ($500.00) deductible, If you fail to maintain such insurance, Bank may, at ire option, obtain insurance on the Property. The insurance obtained by Bank shall include that coverage which Benk, in its Bole discm6on, dooms necessary to protect Bank's interest in the Property. If Bank obtains the insurancq you agree to pay Bank rho ppremium therofor plus interest tluraon at the contractual rate. You acknowledge that Bank, as insured, may receive mfunde or other romunaration which could gtfaot the not Doer of such ooverage to Benk. You agro~ that in ao case shall you ba antidad, directly or indirecdy, to such refund or other romuneradon. The aggregate of such promitw end interest shag ba divided by the number of monthly installments remaining and the amount of each retaining monthly insmllmant shall be proportiomtely increased. If you purchased GAP Waiver or Vendor's Single Interest Insurence, you still must maintain any end all insurance inquired bg this Agmement. If the Property is lost, stolen or destroyed, you must still pay Bank whamver you owe under this Agreemem. In the event you purehased GAP Waiver, you must continue [o make your payments until Bank receives your fuU insurance proceeds. If any credit insurance, Vendor's Single Interest Insurance or GAP Waiver is financed under this Agreement, the coat and terms are shown on the Disclosure Statement. You irrevocably make Bank your again for adjustment of all insurance losses and settlement thereof (including any with a third party insurer) For an amount Bank in good faith deems reasonable. This agency shall be coupled with an intemst end shall not be invoked by your death, incompetency or incapacity. All amounts Bank receives may, at its option, be applied to the indebtedness evidenced by this Agreement or used to repair or replace the Property. Q PREPAYMENT You may prepay the principal sum of this Agreement in whole or in part at any time or from time to time, without penalty. Tn the event of prepayment, interest on the sum prepaid shall be computed on the basis of a 365-day year, but calculated on actual days. i0 LATE CHARGE Tf you are in default [as defined (11)] and Bank requires immediate payment of the whole amount outstanding under this Agreement, you agree [o pay Bank interest on rho remaining balance at the contractual rate in affect at the time of acoeleradon. If you are mom then fifteen (15) days late in paying en inetallmont and Bank dose not inquire immadiaW payment of the whole amount outstanding horeundar, you promise to pay Bank a late eherga of tan paroant (10~) of the monthly payment than due, with a minimum charge of $20.00. Q RETURN CHECK CHARGE You will pay $20.00 for each remro of a dishonored check, negotiable order of withdrawal, or sham draft issued by you. m SECURITY AGREEMENT You give Bank a security interest in the Property (including, without limitation, any accessions and all lose proceeds and unearned premiums of insurance covering rho Property), all proceeds and all unearned premiums on credit insureuce and extended warranty financed, all proceeds and all GAP Waiver refunds financed end in all deposit accounts you have or et any time may have with Bank and Bank's affiliates m serum the payment of any amounts owed under this Agmement, and (except for the Property if the Property is your principal residence) ell other indebtedness you have or at any time may heva with Benk end Bank's affiliates. However, if Benk now hen any earlier lien on your principal residence ae security for forum obligetione, Bank waives such security as to this Agreement on)y. If you am in default jes defined (13)}, Bank is authorized to cancel any policies of credh insmm~ce and extended warramy financed and any GAP Waiver contract financed. Bank may at any time apply all loss proceeds and unearned premiums of inaurence covering the Property, as well as unearned premiums on credit insurance and extended warranty financed or GAP Waiver refunds financed to the balance outstanding under this Agmement or, a[ its option, to repair or replace the Property. m DEFAULT You will be in default on this Agreemert: (i) if you do not pay an installment on time or do not pay on time any other indebtedness owing by you to Bank oc Bank's a%Iietas; or (ii) if any creditor tries by legal process to take funds from any account of yours with Bank or Bank's affiliates or to levy execution on the Property; or (iii) if them is a filirrg for your bankruptcy or insolvaney; or (iv) if you die or are doclarad legally inoompatont or legally incapacitated; or (v) any statement in your loan applioatian or any other writing is materially false; or (vi) if you fail m comply with any other term or condition contained in this Agreement or in any other agreemem with Bank or Bank's affiliates; or (vii) if a judgment is entered against you in any court of record; or (viii) if you do not pay any of your debts as [hey come due; or (ix) if the Properly is threatened with, or subject [o, seizure, levy, attachment, condemnation, or forfeimro. If you are in default, Benk can then require immediate payment of the whole amount outstanding under this Agmement or of any other outstanding indebtedness you have with Bank (except indebtedness secured by your principal residence), and may use any right and remedies under the law including the right to go peaceably without court process upon any prevtisea whew the Property may be and remove it If Bank requests, you agree to deliver the Property to it at a reasonably convenient place. Unless otherwise required by law, any property not covered by this Agmement which may be repossessed with the Property may, at Bank's sole option, be mailed to you a[ any addmss indicated on Bank's records. Sank may sell, lease, or otherwise dispose of the Property. You will owe Bank the reasonable coats of roposaession, mpair, storage, preparation for sale, and sale. Tate net proceeds of sale or other disposition of the Property shall be applied to the amount you then owe Bank and Bank's affiliates. Yon shah pay to Bank any remaining balance owing under this Agreement. If Bank sues to collect any amount you owe it, the Bank may charge you for court costs and reasonable attorney's fees far Bank's own salaried lawyers or independent counsel that it hires. ® WARRANTIES You acknowledge that all information you provide to Bank is tine and complete, and that you am a namml person and fully competent [o enter into contracts. ® OTHER PROVISIONS You further agree that (1) you wilt keep the Property insured and in good condition and will promptly pay all taxes and license fees, and all repair, maintenance and preservation coats pertaining to the Property; (2) upon Bank's request, you will promptly deposit with Bank the certificate of .' . Page 2 NOTICE TO COSIGNER You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will Nava to. He sure you oen afford to pay if you have to, and that you want to eooept this responsibility. You may have to pay up to the full amount of tbo dobt i£ tho botmwar does not pay. You may oleo have to ay late fooa or collection costs, which incroaeo this amount. Tha Bank can oolleot this debt from you without &st Iryipg to aolbot from the borrower. The Bank can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, (where permitted by lew)~ etc. If this debt is ever in default, that fact may become a part of your credit rocord. This notice ie not the contract that makes you liable for the debt. The undareignod acknowledge roceip[ of this Notico prior to becoming obligated. ® COPY RECEIVED You, intending to be legally bound, agree to all provisions i reference, and acknowledge that you received a copy of thin Agreement, including the below. Agreement, including page 1 hereof, which is incorporated herein by ~ar~e Statement with all applicable blanks completed before you signed JAMES E ASCH Type Or Privt verve of Ibbtor R OSALIE W ASCH TyR w Prior vemo of 0.bta , 0.Mor'c alppewts 0.m Type er print verve oP 0.6toc 0.btoz'o Siputun 0.b • j ~~ %~~yJ Mail To: National City Bank of Pennsylvania • •Q.O. Box 5570 Cleveland, Ohlo 44101 e Na~tiOrlal~l RCEERT .'. ZIECIER R[CCRD~." DF DEEDS CUh4BERLAMD000NTY-PA '99 (ANY 3 P(~ 2 17 Mortgage THIa MORTOAOE Is made 9n 0/~~1999 , beLW Can JOMEfl E AS[M E RnflALiE W. 1fl[MN HIS WIFE, TENANTS RY THE ENTIRETIES (hereinafter called "Owner") and National City Bank of Pennsylvania (hereinafter celled "lender"). As used herein, the term "Owner" refers individually and collectively to all Owners, end all such persons shall be jointly and severally bound by the terms hereof. WHEREAS, .laacs p ncrW Rncel tp W ecru (hereinafter, whether one or more, called the "Borrower"1, (is) (ere) indebted to Lender in the principal sum of oa. u„ed..n Th,.,,a.ed ejyp uu,.dr•nd Spypnrv s.,,.., .„d pc /Inn Dollars (S ~nn,n7 ~c )evidenced by a note (the "Note") dated n~/~1o00 TO SECURE: the payment of all sums due or which may become due under the Note, end any end all extensions, refinancings, substitutions, modifications or renewals thereof in whole or in part (all of which is hereinafter called the "Indebtedness"); Borrower's obligetiona under the Note; Owner's performance under this Mortgage; the payment of ell other amounts, with Interes{, advanced hereunder for the payment of taxes, assessments, insurance premiums end coats inourred to protect the security of this Mortgage; end the payment of lender's costa of collection, including costs of suit and reasonable attorneys' fees to the extent permitted by law if suit is filed or other action taken to collect the sums owing or to protect the seourity of this Mortgage; Owner by these presents dose grant, bargain, Bell, end oonvey unto Lender, its suooaeeore, end Its aeeigne ell of the following described real estate, together with ell improvements, now or hereafter erected, and ell easements, rights, and appurtenances thereon, located et: 140 GLENDALE ST CARLISLE PA 17013 CUMBERLAND Street Township/City/Municipeiiry/Borough County Commonwealth of Pennsylvania (the "Property"), which was conveyed to Owner by Deed dated ~ ~ ,and duly recorded in the office for the Recording of Deeds in said County in Deed Book No. ,Page ,Tax Parcel Number (or other Uniform Parcel Identifier, if anyl 04-20-1796-014 , as the Property is therein described and, ®if this box is checked, es the Property is more particularly described in Exhibit "A", which is attached hereto and made a pert hereof. TO HAVE AND TO HOLD the same unto the said Lender, its successors and its assigns, FOREVER. PROVIDED, HOWEVER, upon payment in full of the Indebtedness and performance of the covenants herein, the estate hereby granted shall be discharged. OWNER represents, werranta, covenants, and agrees that: 1. Borrower shell promptly pay to Lender interest, prinoipal and other sums due under the Note, in aooordanoe with the terms of the Note. 2. Owner will keep end perform all the covenants and agreements contained herein. 3. Owner werranta end represents to Lender that: Owner is the sole owner of the Property; has the right to mortgage, grant and convey the Property; that the Property is unencumbered, except for encumbrances now recorded; end that Owner will defend the title to the Property against all claims end demands except encumbrances now recorded. 4. Owner will pay when due all taxes, aeaeaementa, levies, end other charges on or against the Property which will attain priority over this Mortgage. At Lender's request, Owner shell deliver written evidence of all such payments to Lender. 5. Owner will not sell, enter into an installment sale contract for the sale of, lease, give, transfer, or encumber the Property or any right or interest in the Property, ir. whole or in pert, without Lender's prior written permission. 8. Owner shall keep the Property in good repair, exoepting only reasonable weer end tear. Owner will comply with aW laws respecting ownership end use of the Property. Owner will permit Lender's authorized repreeentetivee to enter upon the Property at any reasonable time for the purpose of inspecting the condition of the Property. Without the written consent of Lender, Owner will not permit removal or demolition of improvements now or hereafter erected on the Property, nor will Owner permit waste of the Property or alteration of improvements now or hereafter erected on the Property which would adversely effeot Its market value as determined by Lender. 7. Owner shell keep the Property insured against lose by fire, all other hazards contemplated by the term "extended coverage," end such other risks end hazards es Lender shall require, in such amounts as Lender shall require. Owner shall purchase flood insurance as end to the extent required by law. Owner may obtain such insurance from any insurer(s) of Owner's chpice, provided that said insurarlsl shall be acceptable to Lender. At Lender's request, all insurance policies shall contain loss payable clauses in favor of Lander and Owner shell deliver written evidence of all such insurance to thn Lander. In the event of loss, Owner shall give promp{ notice to the insurer and Lender. Lender at its option may elect to make proof of loss if Owner does not do so promptly, and to take any action it deems necessary to preserve Owner's or Lender's rights under any insurance policy. Insurance proceeds shell ba applied to restoration or repair of the Property or to reduction of the Indebtedness, as Lender may determine in its sole discretion. Owner hereby appoints Lander, its successors, and assigns as Owner's attorney in fact to endorse Owner's name to any draft or check which may be payable to Owner in order to collect such insurance proceeds. Any balance of insurance proceeds remaining after payment in full of amounts due hereunder shall be paid to Owner. 8. Owner will pay or perform all obligetiona under any mortgage, lien or security agreement which hea priority over this Mortgage. Boon 1538 vacE1114 Igev. 12/961 0220P ~~:~,. 9. If Owner fails to perform any of the obligations or duties required by the covenants and agreements in this Mortgage, Lender may at its option elect to dq so and advance those amounts that it deems necessary to protect the Property and/or Lender's rights in the Property and under this Mortgage. Owner hereby agrees to repay to Lender on demand all sums which Lander has advanced, with interest thereon at the rate of interest stated in the Note; end all sums so paid, together with interest thereon, until repaid to Lender shall he pert of the Indebtedness end be secured hereby. 10. Subject to the rights of the holders of any prior mortgage, Owner hereby assigns to Lender all proceeds of any award in connection with any condemnation or other taking of the Property or any part thereof, or payment for conveyance in lieu of condemnation. 11. If this Mortgage is on a unit in a condominium or a planned unit development, Owner shall pertorm all of Owner's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws, rules and regulations of the condominium or planned unit development, and related documents, 12. As additional security hereunder, Owner hereby eesigne to Lander any and all lessee on the Property, now existing or which may hereafter be made, together with any and all rents and Owner's rights as landlord under law; provided that Owner shell, prior to the daolaratlon of an Event of Default, have the right to collect end retain such rents ea they become due and payable. 13. Owner will be in default under this Mortgage: in the event of any breach of any warranty, covenant, or agreement contained in this Mortgage; or if any representation or warranty contained herein proves to be false or misleading; or in the event of any default under the terms of the Note or any agreement securing repayment of, or relating to, any portion of the Indebtedness; or if any other creditor tries to take the Property by legal process; or if bankruptcy proceedings ere filed by ar against any Owner; or if any tax lien or levy is filed against the Property or any Owner; or if the Property is destroyed, seized or condemned by any governmental authority; or if any Owner dies. To the extant permitted by law, if Owner is in default under this Mortgage, Lender may, at its option, after any notice required by law, declare due and payable the unpaid balance of all amounts secured by this Mortgage and owing under the Note. Lender may, in addition to exercising any rights which Lender may have under the Note, any agreement securing repayment of, or relating to, any portion of the Indebtedness, or otherwise provided by law, foreclose the Mortgage, take possession of the Property, collect any and all rents and sell the Property for the collection of the Indabtedneas. If a mortgage foreclosure eotion or other eotion is filed on this Mortgage, or If Lender takes any eotion to protect or anforoe its Interest, Owner agrees to pay ell of Lender's Doers and expenses, including reeaoneble attorneys' fees to the extant permitted bylaw. 14. Lender's rights and remedies under this Mortgage, the Note or otherwise by law shall be cumulative and not alternative and may be exercised as often as necessary; end the failure to exeroies any such right or ramody shall in no avant be oonatrued ae a waiver or ralaave of the earns. 16. Without notloa to Owner, Lander may deal with Borrower(s), the Indabtedneas end any oollateral aeourlty therefor in euoh manner as Lender may deem appropriate or advisable inoluding without limitation, renewing or extending the Indebtedness or any part thereof, acoepting partial payment, substituting or releasing other collateral for the Indebtedness, releasing and discharging from liability Borrowerlsl or any Cosigner or other person liable for all or pert of the Indebtedness, all without impairing the obligations of Owner or the rights of Lender hereunder. 16. Except for any notice required under applicable law to be given in another manner, any notice to Owner provided for in this Mortgage shall be given by delivering it personally or by mailing such notice by certified mail, addressed to Owner et the address of the Property or et such other address es Owner may designate by notice to Lender es provided herein; and any notice to Lender shall be given by certified mail to Lender's eddreea stated herein or to such other address as Lender may designate by notice to Owner as provided herein. If notice is given by certified mail, it shall be deemed to have been given on the date of mailing. 17. The covenants, conditions, and agreements contained herein shell bind the Owner's heirs, personal representetivea and successors and, subject to Paragraph 6, any person to whom the Property ie transferred. Tha rights and ,privileges contained herein shell inure to the lender's succeasore and assigns. Lender can sell, transfer or aselgn this Mortgage without Owner's consent. 18. If any provision hereof shall for any reason be held invalid or unenforceable, no other provision shall be affected thereby, and this Mortgage shall ba construed es if the invalid or unenforceable provision had never been part of it. 19. Owner agrees that any interest payable after a judgmsnt ie entered, or on additional eume advenoad, shell ba at the elms rate ae Is stated in the Note. 20. Owner's obligations under paragraphs, 4, 7, 8, 9 and 13 shell survive any judgment in mortgage foreclosure. IN WITNESS WHEREOF, and intending to be legally bound, each Owner has duly executed this Mortgage the day end year first above written. WITNESS '-]~~ ~d ~ eh... R (SEALI ~ am Cie e ~^^~~ "" ,, s ~'` /nJ~ ~X.~~ .~11J (SEALI Sam Reeser osa ie sc ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA } SS couNrv of CUMBERLAND On the z 8 day of Apr 1 ]. 1999 ,before me, the undersigned officer (who certifies that he/she is not en officer or director of National City Bank of Pannsylvanial, personally appeared JAMES E. ASCH & ROSALIE W. ASCH, , known to me (or satisfactorily proven) to be the person(s) whose name(s) is (ere) subscribed to the within instrument end acknowledged that he/she/they executed the same for the adt°dH~~.~rrttf(drbin contained. In WI~2~` jNrierpof~,Ptapa~y4i'hf set my hand and o ' "~` >`.a~ 4~ ~ " ~ y^h ~ Notadel Seal My Cofhr~x~4s ElCpues ~ p;,tt '.=• Samuel C. Reeser, Notary Public t mr+ ~ Hamptlen Twp., Cumbadantl County ~~~~ ~ °~ ~ "_r~ ^, \x^,^" ~ ! My COrnmlaslon Explrea Jan. 21,2002 Noter Public ~Crr ,~.-.= e\ . ~ k' ember, anh n e n 0 0 88 y a D~ 'w~+wwk ° ~yYy„y,. CERTIFICATE OF RESIDENCE ~~• M'~~~~UOV"+'~_~ - 4401 Market Street Camp Hill PA 17011 I, Sam Re E„CY' , do hereby certify that Mortgagee's precise residence is Agent for Mortgagee eouK1538 racE1115 IRev. 121ae102a4P .~ .. _ . y' 7<,,',i'Sh~ ~o ~:iL9~364..r.P..nrn. • A08~ EA •,°, 0(M ~~Al OF TIyAPQA= fRT P. 21F0( RFCOAO(A Oi pfE09 u ~ ICUABta/AN0 COU4TY-Pa ^' MtM aatn~ Be Q Q O w 9~RPB B J~~ p o of lAY4 OAaA, miWe~tAd~ 7~dYy eP agr13, ieail BACAYU[ 4etetsA 4. th144HW heiP 4ahAAati y, wosk Aad iilokaal J. B3ark, hat hARband, et a) dtrayes gtlve, dael'lmua atmbaslene coansy, Ponnaylvsnla, beseln daalg4ntse es tht drsntosA7 ' akD " Dbniel 4. atott, oln4f• man, o; CsrileSa, aamheridnd county, : esnnsy3venit, nareln dasi4hacad as the esanwer st:star, shat tee crantora, too ana !n aendideretlon of at$liby-a1Y ?beaaalla And IIOJ10a pOLLasO ~da6.4oe.D4) LatltuS Tandy OY rho gnStad aU{tioa O? aneriaa, 40 the dnter4 3f1 hand Ve13 eha truly ppaid Py tha esdnps, at or 4etete 4he sNi).tt4 and ealiwsy of theca assnta, tna ~owlyn yhenoe la ,hereby ao ~vl~adp a ~ asantosa tang C111~arlth tV11Y Matlalled, ardntse forever, ~'~ht' pas4ain, rs L and aemny ante the D11, 4A{T aaFSA7at 47An4 0< lot of laAd el4Adte In the Thud Haab of the Aorva4b a! Carllmle ewsesiend Cawth*. Penn4ylvanla, heaadad sad deeas~ned as lo3Loast AA42kAf44 Ac a gigqaa on the AoYUWast a~sltas at diahaa3s atrsat and a tan Loot Vida illaayYt tbonaa by t(M portb aide aald alloy in a sueerly dlseaaion Sao duet is a gripe st y 10 on rho hfiraiMltat 1anbSand R1.aA e! TAlOF thaAw by tJa dada of Lot Ne. 10 nsd 11, Sn 4 4al'rAes31~ dSra04)On 6Y.d t~ s 41w: tk/nad by s line raAi13n4 9asa33p1 4o_and la toot rl~ a lpo a tsaae dadiSltg houan kaoVn em Ao. S{e d30ndAla street. mt(a WC I(e. i end eRa aeue4am to fast os yq~ se 7 ~ tha4 aartaln DpTan of Sdw oY shaxvese v. olWan ahd'V1Rsy as sscerded in thfi'otLlca o1 th0 geonrdor et Oam4s,ln and•toe ea34 NmbeY1and Connty in Ilan Rook Ao. 4, Page a4. eti7rtf the uaa ppraAlaea rhiap RObast a. )4JadrCVY ss. 4n0.': peheseh 4. WsGin, (Asa eeborah L. kWgrawj) by awd eared septanbex 3f, laae and racasdtrd !n the httlee or C4P seoerr(er of Made In and too C4dwrland ooia+ty ld Oaed eeoi ~W'~r vatgse ~! edge ate, 9rentsd ahd aemreyad unto pehaaah A. IWd4Cavo, the Grantors hareih. 4 /,. A,. ~~ dwf.a~a R ew`q(h~ AaL+~•- ~'~~ t(~ 7w ~ :••..Oh~FadMIw~M noblsblae cwaOSatfla-a0a '', EXHIBIT "A" ,,. ' ~ .c. •.• C> `late ref Pennsylvania ~• k '~^ ;"~; >, ~n;yofCumbariand~ 86 #~r ~' '^~'' •-C ""•~ vB~J ~ !1-re office for the recordin ~y' ~ t ! Aa, § ~ a`~ g of Deeds ~;,•" ~ , ~. ~~ 4 ~ : ~d e~iand Coun'ty",,~~~(,~ j~J{ ap~•Y„,-- s., ~ y han~n~tan! of offcttY~WW(LL'~~~]dAii',..Qflfl~YYY~ QQ `' ~ ``~k y f ~oa~isaaPAG~~.~.~s i 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 wilt 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 the 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 k.. event that you dispute the debt and/or request the name of the original creditor in writing within the 30-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. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we wilt not move for Default Judgment for at least thirty (30) days from the date of service of this Compiaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. V VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Karen t. Finnegan, Foreclosure Specialist , of Altegra Credit Company ,plaintiff herein, 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 his/her knowledge, information and belief. !~rsei&si~'dl.3~s%~ad8i5AUKeu3. a?YkvmL:,aa + ,:,•; yr N ~' ~ I~ ~~ ~ d 0 ~ h ~ ~~ ~> c, c- ~ ,~ , ~~„~,; .~ r t. C , = .. ~; G~ -~ lw) _,~ __ _ ,~ - ~ _~«, °~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff vs. JAMES E. ASCH and ROSALIE W. ASCH, Defendants. No.: 01-5420 TYPE OF PLEADING: PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE 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. 2601 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02302133 MMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff vs. JAMES E. ASCH and ROSALIE W. ASCH, Defendants PROTHONOTARY: No.: 01-5420 PRAECIPE TO SETTLE AND DISCONTINUE Kindly settle and discontinue the above-captioned matter and mark the docket accordingly. Respectfully submitted: Weltman, Weinberg & /R,~eis/Co., L.P.A. Notarial Seal By Wendy L. Willis, Notary Public Kimberly J. Hong Pittsburrggh, Allegheny County My Commission Expires July 15, 2002 Weltman, Weinberg & Reis Co., L.P.A. Member, PennsylvaniaASSOO1atlonofNUteAes 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412)434-7955 2001. n -o~` ,,> n;t:- ~~ _ _~ ,--' ' i ' ' j r G ~~ _ iI ,~ _ . - i _ l'" .. `l K (~} ~ ,C'AS& NO: 2001-05420 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALTEGRA CREDIT COMPANY VS ASCH JAMES E ET AL KATHY CLARKS Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ASCH JAMES E the DEFENDANT at 1755:00 HOURS, on the 20th day of September, 2001 at 140 GLENDALE STREET CARLISLE, PA 17013 by handing to JAMES ASCH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ~. 8 ~ day of ~ p w,,,..fi-t-~-- ~.o-y / A . D . So Answers: .~~~~ R. Thomas Kline 09/21/2001 WELTMAN WEINBERG & REIS eputy Sheriff Ptothonotary CASE NO: 2001-05420 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALTEGRA CREDIT COMPANY VS JAMES E 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 ASCH ROSALIE W the DEFENDANT at 1755:00 HOURS, on the 20th day of September, 2001 at 140 GLENDALE STREET CARLISLE, PA 17013 by handing to JAMES ASCH, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 !~ Affidavit .00 Surcharge 10.00 R. Thomas Kline ~~ 16.00 09/21/2001 WELTMAN WEINBERG & REIS Sworn and Subscribed to before By: n ~j_~ ~j Gt~dc CX~G me this ~'8~ day of Dep~.y Sheriff ad~a.~.Gu~ 0202/ A . D . d Prothonotary' 'r