HomeMy WebLinkAbout99-03569
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JILL R. SWARTZ, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99 - 35109 EQUITY TERM
DAVID M. FRUHWIRTH, CIVIL ACTION - EQUITY
Defendant PARTITION OF REAL PROPERTY
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 with a 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, Pennsylvania 17013
(717) 249-3166
SNELBAKER, BRENNEMAN & SPARE, P. C.
By: KvhaZ? -
At o eys or Plaintiff
"W OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
JILL R. SWARTZ, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99 - 35109 EQUITY TERM
DAVID M. FRUHWIRTH, CIVIL ACTION - EQUITY
Defendant PARTITION OF REAL PROPERTY
COMPLAINT
AND NOW, comes Jill R. Swartz, by her attorneys, Snelbaker,
Brenneman & Spare, P. C. and avers the following in support of
this Complaint:
1. Plaintiff is Jill R. Swartz, single woman, residing at
16 College Hill Road, Enola, Pennsylvania, 17025.
2. Defendant is David M. Fruhwirth, single man, residing
at 4185 Kittatinny Drive, Mechanicsburg, Pennsylvania, 17055.
3. Plaintiff and Defendant were at one time engaged to be
married.
4. Plaintiff and Defendant are no longer engaged to be
married.
5. Plaintiff and Defendant are co-owners of real property
known and numbered as 4185 Kittatinny Drive, Mechanicsburg
(Hampden Township), Cumberland County, Pennsylvania as Joint
Tenants with Right of Survivorship. A true and correct copy of
the deed dated June 18, 1998 between Mark L. Hepler and Rebecca
Jean Hepler, his wife, Grantors and David M. Fruhwirth, single
uw OFFICES man, and Jill R. Swartz, single woman, which deed is recorded in
SNELISAKER•
Ba SPAREN Deed Book 181, Page 1120 in the Recorder of Deeds Office in and
for Cumberland County, Pennsylvania, is attached hereto as
Exhibit "A" and incorporated herein by reference.
6. The above-referenced real estate is subject to a Lien
of Mortgage originally held by Mortgagee, Gateway Funding
Diversified Mortgage Services, L.P. which Mortgage is recorded
in Mortgage Book 1470, Page 320 in the Recorder of Deeds Office
in and for Cumberland County, Pennsylvania, a true and correct
copy of which is attached hereto as Exhibit "B" and incorporated
herein by reference.
7. The mortgage described in the foregoing paragraph was
assigned to Fleet Mortgage Corporation pursuant to the
Assignment of Mortgage dated June 26, 1998 and recorded in the
Recorder of Deeds Office in and for Cumberland County,
Pennsylvania in Miscellaneous Book 583, Page 637, a copy of
which is attached hereto as Exhibit "C" and incorporated herein
by reference.
8. Defendant has resided in the Premises since in or about
June, 1998 and continues to reside there. Despite demand,
Defendant has failed and refused to agree to list the Premises
for sale or to present any reasonable alternatives thereto in
order to divest Plaintiff's interest in the Premises.
9. Plaintiff has incurred costs and counsel fees as a
result of Defendant's refusal to list the Premises for sale or
to present reasonable alternatives thereto.
LAW OFFICES
SNELSAKER. WHEREFORE, Plaintiff Jill R. Swartz respectfully requests
BRENNEMAN
& SPARE
your Honorable Court to enter a Decree:
(1) ordering the sale of the jointly owned real
property;
(2) entering judgment in favor of Plaintiff and
against Defendant for the fair market value of
the rental of the real property for the time
Defendant has enjoyed exclusive possession
thereof and for other costs and expenses incurred
by Plaintiff;
(3) costs of this suit together with expenses and
reasonable counsel fees incurred by Plaintiff in
this action; and,
(4) other relief as may be just and reasonable in
this matter.
Respectfully Submitted,
SNELBArKER, BRENNEMAN & SPARE, P. C.
By Ph '
Ph lipUH. 15pare, Esquire
Pa. Supreme Ct. ID #65200
44 W. Main street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Jill R. Swartz
Date: June 10, 1999
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE -3-
a 4 >'r'e
County Parcel No. /O•LS /.7 .S•/??
THIS DEED
MADE the Isto day of in the year nineteen hundred and
ninety-eight (1998).
a/k/a RESrxCA J. mna yK
BETWEEN MARK L. HEPLER and REBECCA JEAN HEPLER, his wife, of
Harrisburg, Dauphin County, Pennsylvania, GRANTORS, parties of the first part,
AND
FRUH IIM
Sy- DAVID M.MA WMTH, single man, and JILL R. SWARTZ, single woman, of Camp
Hill, Cumberland County, Pennsylvania, Joint Tenants with Right of Survivorship,
GRANTEES, parties of the second part.
WITNESSETH, That in consideration of EIGHTY-SEVEN THOUSAND FIVE
HUNDRED ($87,500.00) DOLLARS, in hand paid, the receipt whereof is hereby
acknowledged, the said GRANTORS do hereby grant and convey to said GRANTEES,
ALL THAT CERTAIN lot or tract of land situate in Hampden m
Township, Cumberland County, Commonwealth of Pennsylvania, more 2
particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern right-of-way line of t t • i
Kittatinny Drive (64 feet wide private), at the dividing line of Lot No. Be
<? .
and Lot No. 87, sold point also being located 733.18 feet West of the 3 °c o
southwest comer of Kittatinny Drive and Tussey Court; THENCE by line tD M;;
of Lot No. 88 and passing through the centerline of a partition wall South 2
07 degrees 57 minutes 58 seconds West 100.00 feet to a point; THENCE n
by land of Mountain View Village Home Owners Association North 82
degrees 02 minutes 02 seconds West 20.00 feet to a point; THENCE by
line of Lot No. 86 and passing through the center partition wall North 07
800Y ift P,1fEWO
EXHIBIT A
degrees 57 minutes 58 seconds East 100.00 feet to a point on the
southern right-of-way line of Kittatinny Drive; THENCE by said right-of-
way line South 82 degrees 02 minutes 02 seconds East 20.00 feel to a
point, the place of BEGINNING.
CONTAINING 2,000 square feel.
BEING Lot No. 87 on the Final Subdivision Plan of Mountain View
Village, Phase IV. Recorded in Plan Book 60, Page 87B.
BEING the same premises which Yingst Homes, Inc., a
Pennsylvania Corporation, by Deed dated June 29, 1996, and recorded in
the Office for the Recorder of Deeds in and for Cumberland County,
Pennsylvania, on July 9, 1996, at Deed Book 142, Page 487, granted and
conveyed unto Mark L. Hepler and Rebecca Jean Hepler, his wife,
Grantors herein.
UNDER AND SUBJECT, to certain restrictions and conditions as
appear of record in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Miscellaneous Book 392, Page
787, Miscellaneous Book 393, Page 557, and Miscellaneous Book 414,
Page 1102.
ALSO UNDER AND SUBJECT, NEVERTHELESS, to easements,
restrictions, reservations, conditions and rights-of-way of record including
those in Deed Book 104, Page 779.
AND the said GRANTORS will specially WARRANT AND DEFEND the property
hereby conveyed.
IN WITNESS WHEREOF, said GRANTORS have hereunto set their hands and
seals, the day and year first above written.
(SEAL)
MARK L. HE LER
(SEAL)
REBECCA J AN HEPLER a/k/a
* REBECCA J. HFPLER
BOOR 181 rufij.?')i
EXHIBIT A
Sealed and Delivered in the
CERTIFICATE OF RESIDENCE
I hereby certify that the precise residence of the GRANTEES herein is as
follows: 48 Victoria Way, Camp Hill, Pennsylvania 17011.
`0112114 &a=
'col Ag l for Gr mess
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On this, the J%Nay of
1998, before me a Notary Public,
the undersigned officer, personally appeared MARK L. HEPLER and REBECCA JEAN
a/k/a REBECCA J. HEPLMSL
HEPLER, his wife, known to me (or satisfactorily proven) to be the persons whose
names are subscribed to the within instrument, and acknowledged that they executed
the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
BCO.Y i8i P4Cf1122 SWUnD LAND mnNSrais INC.
' p, WTs5
ss.
EXHIBIT A
State of Pennsylvanle l
County of Cumberlandl 86
Recorded in the office for the recording of Deeds
in nd for Cberlend County,
?? ?K• Book hl Val Pager
.uness my hand 5 at of effi a r?f ?Q
Carlisle, PA this deer .r.19?3..
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EXHIBIT A
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FHA-127218
! P..i -7 IEGL1:A
''i':O itGf u 0? DEEDS
A:1LRL;dlU COUNTY PA
'98 JUL 24 RM 9 25
parcel Number: /Q•%j •/ir?+'???
(Spree Abase Thb Use For Rec.rdlos Vital
R [A Use No.
commonwealth or Pennsylvania MORTGAGE
441-572517-9
After Recordingg, Return to:
AIPIED
MORTGAGE SERVICES, , L.uaP
One WaG
Coe West First Avenue 2nd Fir
Conshohocken, Pa 194r18
ATTN: FINAL DOS DEPT
Prepared by BETSY STILO
THIS MORTGAGE(Securily instrument') is given on JUNE 26, 1998
The Mortgagor is
DAVID H FRURWIRTH and JILL R SWARTZ
('Borrower'). This Security Instrument is given to GATEWAY FUNDING DIVERSIFIED
MORTGAGE SERVICES, L.P.
which is organized and existing under the laws of Co®aonvealth of Pennsylvania , and
whoseaddreas is One West First Avenue, 2nd Flr Conshohocken, Pa 19428
('Lender-). Borrower owes Lender the principal sum of
Eighty Saven Thousand Four Hundred and no/100
Dollars (U.S. S 87.400.00 This debt is evidenced by Bonower's note dated the same date as this Security InstrumemCNote'), which
provides for monthly payments, with the full debt, if not paid earlier, due and payable on JULY Ol
2028 . 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 suns,
with interest, advanced under paragraplu7 to protect the security of this Security Instrument;and (c) the performance
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EXHIBIT B
PHA-123218 '
Of Borrower's covenants and agreements under this Security Instrument mad the Note. For this purpose, Borrower
does hereby mortgage, grab( and convey to • the Lender the following desuibod property located in
CUMBERLAND County, Pennsylvania:
BEING TIIE SAME PREMISES WHICH BY DEED DATED Of EVEN DATE HEREWITH AND INTENDED TO
BE RECORDED IMMEDIATELY PRIOR HERETO, AMONG THE LAND RECORDS OF 'CUMBERLAND COUNTY,
WAS GRANTED AND CONVEYED BY MARK L HELPER REBECCA JEAN HELPER UNTO DAVID M
PRUHWIRTH and JILL R SWARTZ THE BORROWER(S) HEREIN, IN PER.
which has the address of 4185 KITTATINNY DRIVE, MECHANICSBURG
Pennsylvania 17055 IStmn,Ciryl,
IZIP tbual ('Property Address');
TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements,
uppurtenancuand fixtures now or hereaftera part of the property. All replacemenisand additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Properly.*
BORROWERCOVENANTSthal Borrower's lawfully seized of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unacumbered,exeept for encumbrancesof record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITYINSTRUMENTcombines uniform covenants for national use and non-uniform covenants
with limited variations by jurisdiction to constitute a uniform security instrument covering real properly.
Borrowerand Lendercovenant and agrees follows:
UNIFORMCOVENANTS.
1, Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and
interest on, the debt evidenced by the Note a,td late charges due under the Nota.
2. Monthly Payment of Taxes. Insurance and Other Charges, Borrower shall include in each monthly
payment, logetherwith the principal and interesW set forth in the Note and any late charges, arum for (a) taxes and
special assessments levied or to be levied against the Property, (b) leasebold payments or ground roots on the
Property, and (c) premiums for insurance required under paragraph4. In stay year inwhich the Leader mustpry a
mortgage insurance premium to the Secretary of Honing and Urban, Development ('Secretary), or in any year in
which such premium would have been required if Lender still held the Security Instrument, ach monthly payment
shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,
or (ii) a monthly charge instead of u mortgage insurance premium if this Security fnstrumentis held by the Secretary,
in u reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, (hue
items are called "Escrow Items' and the sums paid to Lender are called 'Escrow Funds.'
Under may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may be required for Borrowers arrow account under the Real Estate Settlement Procedures
Act of 1974, 12 U.S.C. Section 2801 er seq. and implementing regulations, 24 CFR Part 3500, as they may be
amended from time to time (•RESPA•), except that the cushion or reserve permitted by RESPA for unanticipated
disbursements or disbursements before the Borrower's payments are available in the account may not be based on
amounts due for the mortgage insurance premium. ,
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EXHIBIT B
FHA-123218
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RP-SPA, Lender
shall accountlo Borrower for the excess funds u requlredby RBSPA. If the amounts of funds held by Lender at any
time are not sufficient to pay the llsoow Items when due, Lender may notify the Borrower and require Borrower to
makeup the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If
Borrower lendenlo Lenderthe full payment of all such sums, Borrower's acceuntshall be creditedwith the balance
remaining for all installment Items (a), (b), and (c) and any mortgage Insurance premium installment that Lender has
not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower.
Immediately prior to a foreclosure ule of the Property or its acquisition by Lender, Borrower's account shalt be
credited with any balance remaining for all installments for items (a), (b), and (c).
3. Application of Payments. All payments under paragraphel and 2 shall be applied by Lenderas follows:
15m to the mortgage insuraecepremiumlo be. paid by Leaderto the Secreteryor to the monthly charge by the
Secretarylmt"dof the monthly mortgage insurancepremium;
Sewn toany taxes, special assessments, leasehold payments or ground rents, and fire, flood and otherhazard
insurance premiums, as required;
Thud tointematdueundertheNote;
ZD=h to smorth ationof the principal of the Note; and
F.IfW, to late charges due underthe Note.
4. Fire, flood and Other Hazard Insurance. Borrowershall insure all improvemenlaon the Property, whether
now in existence or subsequentlyerected, against any hazards, casualties, and contingencies, including fire, for which
Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. Borrower shall also insure all Improvements on the Property, whether now in existence or subsequently
erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies
approved by Lender. The insurance policies and any renewals shall 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, Borrowershail give Lender immediate noticc by mail. Lender may make proof or loss if not
made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment
for such loss directly to Leader, 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 indebtednessunder the Note and
this Security Instrument, first to any delinquent amounts applied in the order in paregraph3, and then to prepayment
of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the
principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph2, or
change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security instrument or other transfer of title to the Property that extinguishes
the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the
purchaser.
S. Occupancy, Preservation, Maintenance and Protection of the Property; Be on is 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 (or within sixty days of a later sale or transfer of the Property)
and shall continue to occupy the Property as Borrower's principal residence for at least one year after the dale of
occupancy, unless Lender determincalhat requirementwill "use undue hardship for Borrower, or unless extenuating
circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating
circumstances. Bonowershall not commit waste or destroy, damage or substantially change the Property or allow the
Properly to deteriorate, reasonablewear and tear excepted. Lendermay inspect the Property if the Property is vaunt
or abandonedor the loan is in default. Lender may take reasonable action to protect and preserve such vocant or
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1004R3PA.Frm
EXHIBIT B
FIIA-123218
abandoned Property. Borrower shall also be in default if Borrower, during the lom• 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, represenlatiom
concerning Borrower's occupancy of the property as a principal ruidence. If this Security Instrument is on a
leasehold, Borrower shall comply with the provisions of the lease, If Borrower acquires fee title to the Properly, the
leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
6. Condemnation. The proceedsof any award or claim for damages, direct or consequential, in connectionwith
any condemnation or other taking of my put of the Property, or for conveyance in plum of condemnation, are
hereby auigncd and shall be paid to Lender to the extent of the full amouet of the indebtadneuthal remains unpaid
under the Note and this Security Instrument. Lender shag apply such proceeds to the reduction of the indebtedness
under the Note and this Security Instrument, first to my delinquent amounts applied In the order provided in
parograph3, and then to prepayment of principal. Any application of the promedslo the principal shall not extend or
postpone the due dale of the monthly payments, which are referred to in parograph2, or change the amounlof such
payments. Any ezceu promedsover an amountrequlredto pay all oulatandingindebtednessunder the Note and this
Security instrument shall be paid to the mdty legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights In the Property. Borrower shall pay all
governmental or municipal charges, lines and impositions that are not included In paragraph2. Borrowershall pay
these obligations on time directly to Lite entity which is owed the payment. If failure to pay would udwrady effect
Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts
evidencing these payments.
If Borrowerfails to makethew paymentsor the paymentsrequiredby puagraph2, or fails to performsay other
covenants and agreementscontained in this Security Imtrument, or there is a legal pretending that may significantly
affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation of to enforce laws or
regulations), then Lender may do and pay whatever is necessary to protect the value of the Properly and Lender's
rights in the Property, including payment of taxes, hazard insurmee and other items mentlooed in paragraph 2.
Any amounts disbursed by Lender under this paregraphshall become an additional debt of Borrower and be
secured by this Security Instrument. These amounts shall hour interest from the date of disbursement, at the Note
rate, and at the option of Leader, shall be immediately due and payable.
Borrower shall promptly discharge my lien which has priority over this Security lostrumentualeu Borrower:
(u) agrees in writing to the payment of the obligation secured by the lien in a manner 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 Hen; or (c) secures from the holder of the lien an
agreementsatisfactory to 1. endersubordinatingthe Hen to this Security Instrument. If Landerdetermineathat any part
of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give
Borrower a notice identifying the Hen. Borrower shall satisfy the Hen or take one or more of the actions set forth
above within 10 days of the giving of notice.
S. Fees. Lenciumay wilect fees and charges authorizedby 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 all sums secured by this Security Instrument if.
(t) Borrower defaults by failing to pay in full any monthly payment requircdby this Security Instrument
prior to or on the due date of the next monthly payment, or
(ii) Burrower defaults by failing, for a period of thirty days, to perform any other obligatiom contained
in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(4)
of the Gurn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior
approval of the Secretary, require immediatepayment in full of all sums secured by this Security Instrument
if..
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110011470W 323
1004w4PA.Frm
EXHIBIT B
FHA- 1232IS
(i) All or part of the Property, or a beneficial interest in a trust owning all or pert of the property, is said
or otherwise transferred (other than by-devise or descent), and
(ii) The Property is not occupied by the purchaser 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 Waber. If circumtlmmeoccur that would permit Lender to require immediatepaym art in full, but
Lender does not require such paymeats. Lender does not waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit
Lenders right, In the cue of payment defaults, to require immediate payment in full and foreclose if not
paid. T11h Security Instrumentdoes not authorize acceleration or foreclosure if not permitted by regulations
of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrumentand the Note are not determined
to be eligible for insurance under the National Housing AU within 60 days from the date hereof, Leader
may, at It option, require immediate payment in full of all sums secured by this Security Instrument. A
written statementof any authorizedageat of the Secretary dated subsequentto 60 days from the date hereof,
declining to insure thht' Security Instrument and the Note, shall be deemed conclusive proof of such
ineligibility. Notwithstanding the foregoing, this option may not be exercised by lender when the
unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the
Secretary.
10. RdnstatemmL 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 Note or this Security Instrument. This right applies
even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a
lump sum all amount required to bring Borrower's account current including, to the extent they are obligations of
Borrowerunder this Security fostrument,foreciosurecosts and reasonableand customary attorneys' fees and expenses
properly easociatedwith the foreclosure proceeding. Upon reinstatementby Borrower, this Security Instrumentand
the obligations that it secures shall remain in effect as if Leader had not required immediate payment in full.
However, Lender is not required to permit reinstatement iL• (I) Lender has accepted reinstatement after the
commencemenlof foreclosure proceedings within two years immediately preceding the commencementof a current
foreclosure proceeding, 00 reinstatement will preclude foreclosure on different grounds in the future, or (iii)
reinstatement will adversely affect the priority of the Ben created by this Security Instrument.
11. Borrower Not Released; Forbearance By Lender Not a Welver. Mitension of the time of payment or
modification of amortlraBonor the sums secured by this Security instrumentgranted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in
interest. Landershall 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 Instrumentby reason of any
demandmade by the original Borroweror Borrower's successors in interest. Any forbearanceby Lender in exercising
any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability, Cosigners. The covenants and agreements
of this Security InslromemtsbeB bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph9(b). Borrower's covenants and agreementashall be joint and Several. Any Borrower who
co-signs this Security Instrumentbut does not execute the Note: (a) is co-signing this Security Instrumentality to
mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b)
is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
odler Borrower may agree to extend, modify, forbear or make any accommodationswith regard to the terms of this
Security Instrument or the Note without Ihat Borrower's consent.
(MARIPA) a.e401 P...•.,9 wP.
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BOOKJL470PAGE .324
1004R5PA.Frm
EXHIBIT B
FIIA-123218
13. Notices. Any notice to Borrower provided for in this Security Instrumenlshall be given by delivering it or
by mailing it by first class mail unless applicable law requires use of anolbermetbod. 73e notice shall be directed to
give lire Property Address or any other address Borrowerdesignsles by ncda to fender. Any notice to Lender shall be
n by first class mail to Lender's address stated herein or any address Lenderdes4plates by entice to Borrower.
Any notice provided for in this Security Instrumentshall be dcemedto have been given to Borrower or Lender when
given as provided in this paragraph.
is. Governing Lew; Savemblllty. This Security Imtrumentsball be governed by Federal law and ilia law of
thejurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument
or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrumentor
the Note which can be given effect without the conflicting provision. To this end the provisions of this Security
Imtrument and the Note are declared to be severable.
Ili. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
16. Hazardous Substances. Borrowershall not muse or permit the presence, two, deposal, storage, or release
of any HazardousSubstaneeson or in the Property. Borowershall not do, nor show anyone she to do, anything
affecting the Property that is in violation of my EnvironmentalLaw. The precedingtwo matencessis" not apply to
the presence, use, or storage on the Property of small quantities of Hazardous Substances that as generally
recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrowershall promptlygive Underwritten notice of any Investigation, claim, demand, lawsuit or olheruction
by any governmental or regulatory agency or private perry involving the Property and any Hass rdousSubstance or
EnvironmentalLaw of which Borrowerhas actual knowledge. It Borrowerlearns, or is notified by any governmental
or regulatory authority, that any removal or other remediationof my HazardousSubst traces affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 16, 'Hazardaus Substances' are thou substances defined u toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kern enn. other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materiahwotaiaing asbeatc s or formaldehyde,
and radioactive materials. As used in this paragraphl6, 'Environmental Law means federal laws and laws of the
jurisdiction where the Property is located that relate to health, safety or environmental protection,
NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Raab. Borrower unconditionally assigns and transfers to Lender all the rents and revenues
of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs
each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Leader's notice to
Borrower of Borrower's breach of any covenant of agreementin the Security Instrument, Borrower shall collect and
receive all rents and revenues of the Property as trustee for the benefit of Linder end 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 hall be held by Borrower as
trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument( (b) Undershall be
entitled to collect and receive all of the rents of the Property, and (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.
Borrowerhas 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 17.
Undershall not be requiredto enter upon, take control of or maintain the Property before or aftergiving notice
of breach to Borrower. However, Leader or a judicially appointed receiver may do so at any time there is a breach.
Any application of rents shall not cure or waive my 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 Instrument Is paid in full.
?-eRIPAI 10604101 .......
souK 7OFAGF, 325
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lOaxR;PA.Prm
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EXHIBIT B
FHA-123218
18. Foreclosum Procedure. If Lender requires Immediate payment In full under paragraph 9, Lender may
foreclose this Security Instrument by Judicial proceeding. Lender shell he entitled to collect all expenses
Incurred In pursuing the remedies provided In this paragraph 18, Including, but not limited to, attorneys' Im
and cats of this evidence.
If the Leader's Intermit In this Security Instrument is held by the Secretary and the Secretary requires
Immediate payment in full under Paragraph 91 the Secretary may Invoke the nonjudicial power of sale
provided In the Single Family Mortgage Foreclosure AM of 1994 (•Act') (12 U.S.C. 3731 et seq.) by requesting
a foreclosure commissioner designated under The Act to comments foreclosure and to sell the Property as
provided lathe AN. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise
available to o Lender under this Paragraph 18 or applicable law.
19. Relmsa Upon payment of all auras secured by this Security Instrument, this Security Instrument and dm
estate conveyed shall terminate and become void, After such occurrence, Lender shall discharge and satisfy this
Security Instrument without charge to Borrower, Borrower shall pay any recordation costa.
20. Wolvero. 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.
21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour
prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to
acquire tide to the Properly, this Security Instrument shall be a purchase money mortgage.
23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is enteral
on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
24. Riders to this security Instrument. If one or more riders are executed by Borrower and recorded together
with this Secudty Instrument, the covenants of each such rider shall be incorporated 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
Instrument. (Check applicable box(es)(.
H Condominium Rider Growing Equity Rider ED Other (specify
Planned Unit Development Rider ® Graduated Payment Rider
-4RIPa1 wwe.or rw• r ., • ,H„?? ??
sooll 1470 rddt •326 v' S
1004R7Pa.Fm
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EXHIBIT B
FHA-122218
BY SIGNING BELOW, Borrower accepts and agrees to the terms contalnodin this Security Instrumenland in
any rider(s) executed by Borrower and recorded with it.
Witnesses:
_ (Seal)
-llorrower
_ (Seal)
-BQn r
(Seal)
-Borrower
Certificate of Residence
_ (Seal)
dlorroxsr
_ (Seal)
.Oormwar
_ (Seal)
.80n r
f, BETSY STILO , do hereby artily that the correct address of
the within-named Leader is
One Vast First Avenue, 2nd FIr Conshohocken, Pa 19428
Witness my hand this 26 dayof JUNE 1998 ,
COMMONWEALTH OF PENNSYLVANIA,
Onthis, 26 day of JUNE 1998
personally appeared
DAVID H FRUHHIRTH
JILL R SHARTZ
`;z C t4?C&I( (Seal)
DAVI H FRUH9IRTH .Ilarmxcr
" :U_0AAt5 (Seal)
J R SHART2 Ilnrruwcr
BETSY STILO (C SING SPECIAXSR'.drr
Co n (to /ew County ss:
, before me, the undersigned officer,
known to me (or satisfactori y proven) to be
person (s) whose name (a) subscribed to the within instrument and Acknowledged that .C?(d
executed the same for the purposes herein contained.
IN WITNESS WHEREOF,I hereuntoset my hand and official seal.
My Commission Expires:
NOTARIAL SEAL
SNIRLEY KEYS, Notary Publb
Camp HIII, Cumhsdand County
M Commlwon Er Iron June 17.2000
(Oi 4RIPA1 ewe o, rw • •!
LAfR1 lwmtub IN.
?REDyy
100aR$PA.Frm
P-1) gS BoA470?AGE .327
EXHIBIT B
ALL THAT CERTAIN lot or tract of land situate in Hampden
Township, Cumberland-County, Commonwealth of Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern right-of-way line of
Kittatinny Drive (64 feet wide private), at the dividing line of
Lot No. 88 and Lot No. 87, said point also being located 733.18
feet West of the southwest corner of Kittatinny Drive and Tuasey
Courtl
THENCE by line of Lot No. 88 and passing through the
centerline of a partition wall South 07 degrees 57 minutes 58
seconds West 100.00 feet toa point; THENCE by land of Mountain
View Village Home Owners Association North 82 degrees 02 minutes
02 seconds West 20.00 feet to a point; THENCE by line of Lot No.
86 and passing through the center partition wall North 07 degrees
57 minutes 58 seconds East 100.00 feet to a point on the southern
right-of-way line of Kittatinny Drive; THENCE by said
right-of-way line South 82 degrees 02 minutes 02 seconds East
20.00 feet to a point, the place of BEGINNING.
CONTAINING 2,000 square feet.
BEING Lot No. 87 on the Final Subdivision Plan of Mountain
View Village, Phase IV. Recorded in Plan Book 60, Page 87B.
UNDER AND SUBJECT, to certain restrictions and conditions as
appear of record in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania in Miscellaneous Book 392,
Page 787, Miscellaneous Book 393, Page 557, and Miscellaneous
Book 414, Page 1102.
ALSO UNDER AND SUBJECT, NEVERTHELESS, to easements,
restrictions, reservations, conditions and rights-of-way of
record including those in Deed Book 104, Page 779.
BEING THE SAME PREMISES which Mark L. Hepler and Rebecca Jean
Hepler, by deed to be recorded simultaneously herewith in the
Cumberland County Recorder of Deeds Office to grant and convey
unto David M. Fruhwirth and Jill R. Swartz.
Book 1470 Pact .328
EXHIBIT B
FHA-123218
mlA (16e NG.
441-572513
PLANNED UNIT DEVELOPMENT RIDER
THIS PLANNED UNIT DEVELOPMENTRIDERis madethis day of
JUNE, 1998 , and is incorporated into and shall be deemed to amend and supplement
the Mortgage, Decd of Trust or Security Deed ("Security Instrument") of Ilia same dale given by the
undersigned ("Borrower") to secure Borrower's Note ("Note") to
GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P.
One West First Avenue, 2nd FIr Conshohocken, Pa 19428
("Lender") of the same dale and covering the Property described in the Security Instrument and located al:
4185 KITTATINNY DRIVE
MECHANICSBURG, PA 17055
I Fmpeny Addreul
The Properly Address is a part of a planned unit development ("PUD") known as
MOUNTAINVIEW VILLAGE, PHASE IV
INGme or Planned Unit Uevelopmrnll
PUD COVENANTS. In addition to the covenants and agrcementsmade in the Security Instrument,
Borrower and Lender further covenant and agree as follows:
A. So long as the owners Association (or equivalent entity holding title to common areas and
facilities), acting as trustee for the homeowners, maintains, with a generally accepted insurance
carrier, a "master" or "blanket" policy insuring the properly located in the PUD, including all
im(rrovements now existing or hereafter erected on the mortgaged premises, and such policy is
amtsfadory to Lender and provides insurance coverage in the amounts, for the periods, and
against the hazards Lender requires, including fire and other hazards included within the term
"extended coverage;" and loss by flood, to the extent requiredby the Secretary, then: (i) Lcndcr
waives the provision in Paragraph 2 of this Security Instrument for the monthly payment to
Lender of one-twelfth of the yearly premium installments for hazard insurance on the Property,
and (ii) Borrower's obligation under PmagraPh4 of this Security Instrument to maintain hazard
insurance coverage on the Property is deemed satisfied to the extent that the required coverage is
provided by the Owners Association policy. Borrower shall give Lender prompt notice of any
li se in required hazard insurance coverage and of any loss occurring from a hazard. In the event
of a distribution of hazard insurance proceeds in lieu of restorationor repair following a loss to
the Property or to common areas and facilities of the PUD, any proceeds payable to Borrower are
hereby assigned and shall be paid to Leader for application to the sums secured by this Security
Instrument, with any excess paid to the entity legally entitled thereto.
FHA Muldnale PUD Rider- 10195
'689 M.G11.01
M
P MORTGAGE FOWS. 1e00l62,.1
D?c IIIIIIIII II IIIIII IIIIII IIII IIII II I
IMP, l al ] nYlltl,; IIII
I+oDK1470464 329
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1599-LFrm
EXHIBIT B
FHA-129218
B. Borrower promises to pay all dues and assessments imposed pursuant to the legal instruments
creating and governing the PUD.
C. If Borrower done not pay PUD dues and assessmentswhen due, then Lender may pay them. Any
amounts disbursed by Lender under this paragraph C shall become additional debt of Borrower
secured by the Security Instrument. Unless Borrowerand Lenderagree to other terms of payment,
these amounts shall bear interest from the dale of disbursement at the Note rate and shall be
Payable, with internet, upon notice from Lender to Borrower requesting payment.
BY SIONINO BELOW, Borrower accepts and agrees to the terms and provisions contained in this PUD
Rider.
(Seal) (Seal)
•80mmet DAVID PA lbrm.er
(Seal) (Best)
•8erro.er SIL SWA&TZ Mrnwer
(Seal) (Seal)
•Donvwer .8omo.er
(Seal) (Seal)
-Dorro.xr .Dorm r
?m•8aa a.a,r.n, ..e. r n r
Stele of Pennsylvanle i
County of Cumberland) 86
9ecoided Illl1 the offire for the recording of Dends
Vl. a .nn . . _
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11001(1470PAGE .330
EXHIBIT B
?Ik
au?sR „6ri
i, Frfil n ZICCLER
a; ;Ot:p;i;t OF DEEDS
611M11Ii11LAND COUNly"'A
'96 JUL 24 flFI 9 25
SUBSEQUENT TO RECORDATION:
PLEASE MAIL TO:
GATEWAY FUNDING DIVERSIFIED
MORTGAGE SERVICES, LP.
One West First Avenue, 2nd Floor
Conshohocken, Po. 19428
,tel. no: (717)-975-0522
address: One West First Avenue, 2nd Fir Conshohocken, Pa 19428
This Form was prepared by. BETSY STILO
ASSIGNMENT OF MORTGAGE
For Value Received, the undersigned holder of a mortgage (hereio'Auignor') whose address is
one west First Avenue, 2nd Fir Conshohocken, Pa 19428
does hereby grant, sell, assign, transfer and convey, unto
FLEET MORTGAGE CORP
1945 W. PALMETTO STREET
i FLORENCE, SC 29501
its successor, and assigns ('Assignee"), all of its right, title and interest ina certain Mortgage dated
JUNE 26, 1998 made and executed by DAVID H FRUHWIRTH .
JILL R SWARTZ
to and in favor of GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L. P.
By its'. General Partner: GATEWAY FUNDING, Inc. upon the following described properly
situated in . CUMBERLAND County, State of PENNSYLVANIA
•4185 KITTATINNY DRIVE 14ECHANICSBURG PA 17055
and further described in Exhibit "A" attached hereto. Such Mortgage having been given to secure payment of
Eighty Seven Thousand Four Hundred and no/100
(Include the original Princi al Amount)
which mortgage is of record in Book, Volume, or Liber No. at et page no. 3.7-0 (or as recorded
CUMBERLAND
immediately prior hcrelo of the Office of the Register, Clerk or Recorder of Deeds of
County, Stute of P NNSYLVANIA , together with the note(s) and obligations therein described and the
money due and to become due thereon with interest, and all accrued or to accrue under such Mortgage.
By its General Partner- GATEWAY
Witness ?A. "'/?A J??J-"-cx h""i? By: 1'' w"' d w it ?(M1,fr ...
TINA FREIDHOF FRED CONNOR
?,..'? eC !' '
CLOSING SPECIALIST BRANCH MANAGER
SECURED LAND TMNSFERS IND. t!." ^' "•M,;.n:.•:i;
(IM11`562.0 11/96 BOOK 583 PAGE 637 r?Fy "'?`'
GWF563a.Frm
TO HAVE AND TO HOLD the same unto Assignee, its successor and assigns, forever, subject only to the LcrnuS and
conditions of the above described Mortgage.
IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage Oil I t 'um,
JUNE 26, 1998 CATEVAY FUNDING DIVERSIFIED MORTGAGE SERVICES, Y
FUNDING ?Ahc I"?
EXHIBIT.I C
FHA-123218
IRAN: 123218
POOL
VERIFICATION
I verify that the statements made in the foregoing complaint
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. $4904 relating
to unsworn falsification to authorities.
Date: June 10, 1999
LAW OFFICES
SNELBAKER,
BRENNEMAN
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CASE NO: 1999-03569 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SWARTZ JILL R
VS.
FRUHWIRTH DAVID M
DAWN KELL , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT IN was served
upon FRUHWIRTH DAVID M the
defendant, at 17:22 HOURS, on the 21st day of June
1999 at 4185 KITTATINNY DRIVE
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to DAVID FRUHWIRTH
a true and attested copy of the NOTICE AND COMPLAINT IN
together with EQUITY
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 8.68 2
Affidavit .00 f?
z: iliisKine', o-
Surcharge 8.00 0651
? b SN /999 BRREENNEMAN &p\SPARE
/ n
by `?)aLLXYI V •. F -
epu S i
Sworn and subscribed to before me
this ?a A-4- day of 4-
19qq A. D.
?.( 7? ee-
0 o r