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Home My WebLink About99-06956i .a . 2 V I ft% s 9 COLONIAL MORTGAGE COMPANY Plaintiff Vs. JAMES R. LINN Defendant THIS LAW FIRM IS A DEBT TO COLLECT A DEBT OWED OBTAINED FROM YOU WILL COLLECTING THE DEBT. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. qq. 0 --roll CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE COLLECTOR AND WE ARE ATTEMPTING TO OUR CLIENT. ANY INFORMATION BE USED FOR THE PURPOSE OF N O T I C E the claims set You have been sued in you ormust taken acwish tion within twentyl(20) days after the forth in the following b entering a written appearance personally or by Complaint and notice are are served, y the case may claims set forth against you. You are the that o if youe fail to do objections 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 claimrights or relief requested by the Plaintiff. You may lose money or property or other 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 Carlisle, PA 17013 717-240-6200 Legal Services Inc. , PA 17013 8 Irvine Row, 717-243-9400 A V I S O LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS USTED, OD SO ABOGADO SERVIDO REGISTRE CON LA CORTE EN FORMA ESCRITAER EL PUNTOCDESVISTAQDE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DSE PUEDE PROSEGUIR CON EL RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, E SIN N DE PRARIO, DECI A PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, DEMAN LAS PRO PER ER DINEROA, DE EST DEVMANDA L POR RAD ON ANTEDE ESA EDECISIION,U ES DPOSSIBLEC QUE USTED PUEDAVISIONES PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A ON AZOSAZO, LLA E AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), Cumberland County Bar Association Carlisle, PA 17013 717-240-6200 Legal Services, Inc. PA 17013 8 Irvine Row, Carlisle, 717-243-9400 . ? -? w COLONIAL MORTGAGE COMPANY Plaintiff Vs. JAMES R. LINN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW - : IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaint iff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff COLONIAL MORTGAGE COMPANY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO .C1?- GIS( ( Tc JAMES R. LINN Defendant : CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE C O M P L A I N T 1. Plaintiff, COLONIAL MORTGAGE COMPANY, is a corporation with an address of 32 Commerce Street, Montgomery, Alabama 36104. 2. Defendant, JAMES R. LINN, is an adult individual whose last known address is 1370 KINER BOULVARD, CARLISLE, PENNSYLVANIA 17013. 3. On or about October 27, 1998, the said Defendant executed and delivered a Mortgage Note in the sum of $146,900.00 payable to STANDARD MORTGAGE CORPOARITON OF GEORGIA, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1492, Page 1132 conveying to original Mortgagee the subject premises. The Mortgage was f(? subsequently assigned to COLONIAL MORTGAGE COMPANY and reocrded in the aforesaid County in Mortgage Book 606, Page 1021 on March 16, 1999. Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 36 MONARCH LANE, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on July 1, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest at $25.99 per day from 6/1/99 to 12/1/99 (based on contract rate of 6.500°0.) (c) Accumulated Late Charges (d) Late charges at $46.43 per month for 6 months (e) Escrow Deficit (f) 5% Attorney's Commission $ 145,955.15 4,756.17 0.00 155.94 606.48 7,297.75 $ 158,771.49 *Together with interest at the per diem rate noted in (b) above after December 1, 1999 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finacne Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in Mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.5000 ($25.99 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. PURCELL,i3CRUQ &,FIALLER By 7 /' " L Leon P. Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 NOTE OCTOBER 27 ,199E MECHANICSBURG 36 MONARCH LANE ICigl MECHANICSBURG, PA 17055 IPNT,,OY Add....I cfdyvDa'?6,/ - i?a?r? 9nd????nn reran, IsLU) 1. BORROWER'S PROMISE TO PAY In return for a Ivan that I have received. I promise to pay U.S.$ 146, 900. CO -Principal ). plus interest, to the order of the Lender. The Lenderi3 STANDARD MORTGAGE CORPORATION amount AI IS Called (is OF GEORGIA that the Lender may sander this Note. The Lender ar anyone who takes this Nnte by vensfer and win is endued a dustanJ receive Payments under this Note is Called die "Note Holder." 1. INTEREST Interest will be charged an unpaid principal until the full amount Of principal has been paid. I will (ray interest at a yearly rate of 6.5000 %. The interest rate required by this Satlon 2 is the rote I will pay bad, berate and after any default described in Section 6(B) of this Now. 3. PAYMENTS (A) Time and Nam of Pnymems 1 will Pay Principal and interest by making payments every month. I will make my monthly payments an the first day of each month beginning nn DECEMBER 1 1998 . I will make These payments every month until I have paid all of the principal and Interest and any crier charges described below that l mayowe under this Note. Mymnnthlypaymentl will bcapplied m interesthefnreptincipal. ILuu NOVEMBER 1 2028 , I still owe mounts under this Note, I will pay dose amounts in full on dint date, which is tailed the "maturity date." I will make my monthly payments at 5775 PEACHTREE DUNWOODY RD. I D-100, ATLANTA, GEORGIA 30342 or at a Jiffuem place if required bythe Note Haider. (B) Amount of Monthly Payments My monthly payment will be in the mount of U.S.S 928.51- 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A Payment of principal only is known u a "JIMpayoncn4" When I make a pmpnymcnL 1 will tell the Note Haider in writing dial Iran doing sex. 1 may make a full prepayment or partial prepayments without paying any prepayment charge. The Nom Harder will use all of my prepayments in reduce the amount of principal that 1 Owe under this Note. If I make a partial prepayment. there will be no changes in the due dam or in the annum of my monthly payment unless the Note Holder agrees in writing m those changes. 5. LOAN CHARGES If a Law, which applies to this loan and which sets maximum loan chug", is finally inmrpreW so that the imeresl or other loan charge colleted or to be enllecled in connection with this lam exceed the permitted limits, then: (t) any such loan charge shall be reduced by the amount necessary to reduce the charge in the permitted limit; and (ii) any sums already colleted from me which exceeded permitted limits will be refunded to me. The Note Holder may chase al make this refund by reducing the principal I owe under this Note or by making a direct Payment to me. If a refund reduces principal, the reduction will be vented as a partial pMpaymenL 6, BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the dam it is due, I will pay a late charge to the Nate Holder. The mount of the charge will be 5.0000 %Mr my overdue payment of principal and inter"4 I will pay this late charge promptly but only once on =11 Into Payment. (B) Default If I do not pay the full amount of each mondlly payment on the date it is due,1 will be in default. (C) Notice Of Default If I am in defauh. the Now Holder may send me a written notice telling me that if I do not pay die overdue amount by a certain dare, the Now Holder may require me n pay immediately the full amount of principal which has not been paid and all the interest that l owe on that amount. That date must be at ]cast 30 days after the date on which the notice is delivered or mailed b me. (D) No Waiver By Note Holder Even if, at a time when I am in dc1mI4 die Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do sO if I am in default at a later done. (E) Payment of Note Holder's Costs and Expenses if the Nate Holder iw required me n pay immediately in full as described above, die Now Hordes will have die right to be paid back by me for all of Its casts and expenses in enfoming this Now m the "tent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' feu. 7, GIVING OF NOTICES Unless applicable law requires a different method, any notice that must he given to me under this Now will he given by delivering it or by mailing it by first class mail n me at the Property Address above or at a different address if I give die Note Holder a notice of my different address. Any notice that must be given to the Now Holder under this Now will be given by mailing it by first class mail m die Now Holder at the address stew] in Section 3(A) above or at a different address if L am given a notice of dial diffuerlt addrw. Eyb,l pi? `` f i MULTISTATE FIXED RATE NOTE- Sinsre F.eU FNM '.... aria e.q.ax ,- Or. A/FHLMC UNIFORM INSTRUMENT Form 32001=3 ann lib, a.,M,uiw,,lr.III USA I..Uj Ail AU IamnLM,lO1Ax In4TW111 A ro' t Ir j? 1) ?I I, 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more den one person signs this Note, each person is fully and personally obligated to keep all of die promises made in this Note, including the promise in pay die full amount owed. Any person who is a guarantor, surety or endorser of this Note is also nhligmcd m do these things. Any person who Likes over diem obligadons, including die obligations of a guarantor, surety or endorser of this Note, is also obligated in keep all of the promises made in Wis Nate. The Note I [older may enforce its rights under this Now against esch person individually or against all of us together. This means dint any one of us may be required to pay all of the amounts owed! under this Nate. 9. WAIVERS I and any other person who has obligations under this Note waive Vic rights of presmtrnem and notice of dishonor. 'Presentment" means die right to require the Now Holder to demand payment of amounts due 'Notice of didimtor' means the right to acquire the Nom Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in somejurisdictions. In addition to die pnneetions given or due Nom Holder under this Note, a Mortgage, Deed of Trust or Secudly Dad (the'Security Instrument"), dated the sane dam as this Note, protects the Nom Holder from possible fosses which might result iff do not keep die rmmisw which 1 make in this Note. That Security Instrument descrilics how and under what conditions I may be required to make immediate payment in full of all amounts l owe under this Now. Some of those conditions are described as follows: Transfer of the Properly or a Beneficial fuleresl in Borrower. If all or any pan of the Propcny or any interest in it is sold or transferred (or if a bencfucinl interest in Borrower is sold or aransfarcd and Rnrrower is not a natural person) without lender's prior wrilmn commit. Lender may, at its option, require immediate payment in full ofall slims secured by this Security Instrument. However, this option shall not be ascrciscd by Lender if asembie is prohibited by federal law as of the dale or this Saurity Instrument If Lender eseaises this option. Lender shall give Borrower maim of acceleration. The notice shall provide a paind of not less than 70 days from the dam the notice is delivered or mailed within which Borrower must pay all sums secured by this Saurity Instrument. If Borrower fails in pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without fouler notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 5 R. 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Ot m^•I 00'ZSI Jo anurlslp r. 1sa3 spumes 00 snlnVpu $5 savl3ap Ill 1pnes 31 'nN IIJ11 p1s: •IO gUII uipllaM 1111 21101c 211Joy1 :urld VOt7lAlpgnS Imnj P14Nasap Jallcull Jatlogl Vu It I 'nN 10'1 .lo J--u Jn3 isRMglJou vq1 In Iulod c lit 1oa1 00-6LJn a1u%I$!P t Itpa spuUR:ls 00 salnupu t0 s11101P I L IIIJnN purl PJr10AS Pit$ JO aull 4Jnqulns Rill nuolo aoulUl :pjujI! M 'H timuJaH Jo rim Puc1 Ju mull tiagpms :rqt un 1uloo a to 1131 00'LSI 10 1RUcls!p it 133/11 Ypunnal op salnulul Ill; saRJ83p St t1ijoN 91 'otJ 14.1 In auli ISMSE1 nyt 9un11: 11uv41 !urld unlslnlptln$ p:uld pmIjil 1 p Ja1,laulAJ' ll Dill 110 71 'nN 10-1 )n .LrtrJ. ?;. Ir.:Rlplei. J 11 It. 411111 y:4 Jill. Ni ;111 vali Atl At•,l n•UInU 14.IglJ1i6'.all !w falt'd n IV vNINNI'J:Ill .11• »nt III M011111 •J: Iraq:.,<ap Inn: plpunWl A1,n:lnalur.Q Lunn Fumtl 'IaUrnlAltltm l JI' ggcamntpu:nub pun poulml(IIIl) Jn .tnnlrt•? •JnpuMn.l. aulnlS l1epS ul vlrnlls purl Ili 111.1:d M I111A NIUM117 JX11.1. I L- //7/1 U. VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff, COLONIAL MORTGAGE COMPANY, and that said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 15, 1999 Leon P. Haller, Esquire SHERIFF'S RETURN - REGULAR CASE NO: 1999-06956 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLONIAL MORTGAGE COMPANY VS. LINN JAMES R DAWN KELL , sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LINN JAMES R the defendant, at 15:01 HOURS, on the 6th day of December 1999 at 1370 KINER BOULEVARD CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to JAMES R. LINN a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: so answers* Docketing 18.00 Service 3.72 f ? Affidavit .00 Surcharge 8.00 1?Ias amine, eri-L -PURCELL, KRUG & HALLER ?/ 12/07/1999 by ?0.U71 1 C Deputy eri Sworn and subscribe to before me this /`/ w day of -' M 3L m) A.D. Q:t?7?z ??ro ono r? COLONIAL MORTGAGE COMPANY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA JAMES R. LINN VS. Defendant THIS LAW FIRM IS A DEBT TO COLLECT A DEBT OWED OBTAINED FROM YOU WILL COLLECTING THE DEBT. NO. 9 '/ • L v.5[. L[u f 1 : CIVIL ACTION - LAW - : IN MORTGAGE FORECLOSURE COLLECTOR AND WE ARE ATTEMPTING TO OUR CLIENT. ANY INFORMATION BE USED FOR THE PURPOSE OF N O T I C E 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 the 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 Carlisle, PA 17013 717-240-6200 Legal Services, Inc. a Irvine Row, Carlisle, PA 17013 717-243-9400 A V I S O LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE," (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association Carlisle, PA 17013 717-240-6200 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 TRUE COPY FROM RECORID in TwV;! " dTf nrhGr" I tore uroo set my hano a)id tim S10I Of Saki Court at Cartisla pa. Thh ` _ca? , oL t I :27i::? C4 Prothonotary COLONIAL MORTGAGE COMPANY Plaintiff Vs. JAMES R. LINN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW - : IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff COLONIAL MORTGAGE COMPANY Plaintiff VS. JAMES R. LINN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE C O M P L A I N T 1. Plaintiff, COLONIAL MORTGAGE COMPANY, is a corporation with an address of 32 Commerce Street, Montgomery, Alabama 36104. 2. Defendant, JAMES R. LINN, is an adult individual whose last known address is 1370 KINER BOULVARD, CARLISLE, PENNSYLVANIA 17013. 3. On or about October 27, 1998, the said Defendant executed and delivered a Mortgage Note in the sum of $146,900.00 payable to STANDARD MORTGAGE CORPOARITON OF GEORGIA, which Note is attached hereto and marked Exhibit "A" 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1492, Page 1132 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to COLONIAL MORTGAGE COMPANY and reocrded in the aforesaid County in Mortgage Book 606, Page 1021 on March 16, 1999. Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 36 MONARCH LANE, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage. 7. The mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on July 1, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 145,955.15 (b) Interest at $25.99 per day from 6/1/99 to 12/1/99 (based on contract rate of 6.500%) 4,756.17 (c) Accumulated Late charges 0.00 (d) Late charges at $46.43 155.94 per month for 6 months (e) Escrow Deficit 606.48 (f) 5% Attorney's Commission 7,297.75 $ 158,771.49 *Together with interest at the per diem rate noted in (b) above after December 1, 1999 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finacne Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in Mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.5000 ($25.99 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. PURCEL???LER By Leon P. Haller Attorney for Plaintiff I.D. )#15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 &dV voC) )°1/ NOTE 61l1?r dB1I?IpB 0 eeNN0 27 , 1998 MECr1ANICSaURG 90 OCTOBER la,sl ISNteI 36 MONARCH LANE MECHANICSBURG, PA 17055 IPrnpa,ry Add,nrl 1. BORROWER'S PROMISE TO PAY In rtlum fora loan that I have received, I Promise to pay U.S.S 146, 900. C 0 (ails amount is called 'principal'), plus interest, to the abler or the Lender. The Lender is STANDARD MORTGAGE CORPORATIOIanJenand OF GEORGIA that the I adw may transfer this Now. The Leader or anyone who takes this Note by tnmfu and who is marled to receive payments under this Nate is celled the "Note Holder.- 2. INTERESP Iwill interest ate Interest will be charged on unpaid principal until the full amount or principal has berm paid. PaY yearly rate of 6.50DO %. The Interest rare required by this Section 2 is the rate 1 will pay both before and after any default described in Suwon 6(B) of this Now. 3. PAYMENTS (A) Time and Platt of payments i will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on DECEMBER 1 1990 . I will make these payments every month until l have paid all of the principal and Interest. and my other charges nci ir. described Ballow that [ may owe under this I still owe amounts under this Note, I will pay tiros aamounwi In full on dint date, NOVEMBER 1 which called the *murity at ti" 1 D-100, ATLANTA, I will make m my monthly payments at 577o5r at PEACHTREE a different place lit required by the Note Holder. GEORGIA 30392 (B) Amount of Monthly Payments My monthly payment will be in the mount of USS 920.51 4. BORROWERsSRIGIIT TO PREPAY I have the right to make payments of principal at my time before they Be dui A payment of principal only is l tell the that I am er in writing Note so. known as a may make a full When I make a prcpaYmmmentlwithout ? Y ng any prepayment charge. TI et Note Holder 1 may make a full prepayment or partial prepay will use all of prepayments ents to reduce the amount of principal that I owe under this Now. If unless Chef N e Holder prepayment. that will be no changes in the due dam or in the amount of my monthly payment agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this tam and which tits maximum tom charges, Is finally Intesrreted an that the InmY w or other loan charges collected or to be collected in connection with this loan exceed the ll limits. and (it) any auras refunded tom the permitted such tom cleared shall be reduced by the mount necessary limits will reduce the charge to Now Holder may chooser in make already collected me which carded under this is refund nd by by reducing are principal l owe undo this Note or by making a direct payment to ma If a refund reduces principal, the reduction Will be Li as a partial PrtpaYmenL 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) fate charge for Overdue Payments If the.Nom Holder has not received the full amount of my monthly payment by the end or 15 calendar ount oraw pay this I= chargeP mphY but only once on each late payment %of my will be days deerahctt oit is due, f 1 awill pay a lam ndin=L I WWchange overdue paymenPrnci1>d (B) Derault the date ita due,i wilier in default If I do not pay the full amount of each monthly payment an (C) Noticeor Defouit pay If l am in default, the Now Holder may send me a _en al immediately awiling l amme t If I ount of do not cipal h¢h has not ale mount bys the. dam, the Now Holder mayred pay and all ll the interest that I owe on that amount That date must be at least 30 days afro the date on which the notiu is delivered or mailed to me. in full as described (D) No Waiver By Note Holder Even if. at a time whm I am in default the Note Holder does not require me to pay immediately above, the Nate Holder will still have the right n do so if I am in default at a law arm. (E) Payment or Note Holder's Costs and Expenses If the Now Hold= has required me in pay immodiawly in full as described above, the Now Holder will have the right to be paid back by me for all of Its costs and expenses in enforcing this Note le the extent not prohibited by applicable law. Those expenses include. for usmple, reasonable auomeys' fw. 7. GIVING OF NOTICES Unless applicable law requires a different method. my notice that must bii ee or ate under this No addrasw egiven. by delivering it or by mailing it by fun clan nail to me at are Property Address Now Holder a notice of my different address. Any noise that must be given in the Now Holder under this Now will be given by mailing it by fins clan mail to the Now Holder at the address sated in Sutton 3(A) above or at a different address if I tin given a notice or than diffumt address. ( 9 I Pi? ENT Form a2 ,vas M - Ate. MULTISTATE FlXEDRATE NOTE- Si F.mUr FHMArFHLMC UNIFORM INSTRUMI .1131 0.,?W„awbn,iw.b4 yas•reymalmDwt.msu.]urDrxlt U? __ - amar - nmm?o?r• S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of die prondus made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to den these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Now. Tic Note Holder may enforce its rights under this Now against acb person individually oragainst all of us together. This mans ibatany one of us may be required to pay all of the =aunts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presenunenl and notim of dishonor. 'Presentment' means the tight to require the Note Holder to demand payment of amounts duo. 'Notice of dishonor' means the right to require the Note Holder to give notice to other persons that amounts due have not bean paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in samejurisdicdons. In addition to the protections given to the Now Holder under this Note, a Mortgage, Deed of Trust or Security Dced (doe 'Security Instrument'), dated the same date as this Nate, protects the Note Holder from possible lotto which might result if I do not keep the promises which 1 make in this Now. That Security Instrument describes how and under what conditions 1 may be required in make Immediaw payment in full of all amounts I owe under this Now. Some or thou conditions am described as follows: Transfer or the Property or a Beneficial Interest in Borrower. If all or my pan of the Property or any interest in it is sold or transferred (or If a beneficial Interest in Borrower is sold or trmsferrcA and Harrower is not a natural Mon) without Lender's prior written consent, fender may, at its option, require immediate payment in full of all sums soured by this Security InalmmenL However, this option shall not be exercised by Lender if =train is prohibited by federal law as of die date of this Security Instrument. If Lender mercises this option, Lender shall give Borrower notice of accelan don. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay thou sums prior to the expiration of this period, Lender may invoke my ranWies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 5 R. LINN (e.,5...?.) b(Seal) /Sign Original Only/ PAYTO THE ORDER OF nF41N1Un nPIT e4 Prq! pglWnluY,nM1U,laO L91 Ln6a]MArsm lab)Ltb)DP.U I111 Man, YmMt•Wxa uuu V- I.-_. v ^;:'firl ." JIY•1,1 Ali ?d .. Li••: d:? L??.r/1l: ?I,HI(Iir t?•I .I:.:. lit: 1??'••i?t?; v'il ?? State of Pennsylvanla Gmnly III Cumberland1 ) 86 r„tr^ dad ipp t?he olflce (ar the recerdlnp or Deeds and 16rgA/aperlanp County, it Do Voff._Pape unto ss yhsn e?olol c d ?? Carlfy I da epuK1536face , 34 flifily 41.1. 1'11.4'r CGIITAIN trucl 'it panel u1' iand actuate In Sdvcr 511 5 I'uwnshlp, L"t. ni Gunthurl;utd will Cun:ntppwcalth of l'annsylvmtia, h?ng n.n•e partlt,d:,rly bounded WhI Jc crillc had o. lultuws In suit , •uu:ha,•at ,:urn?•r III;RIDINI NC: at n puit•t nlt dr..^.crn rlyln•u;'•:'(P1' !'Pn nG Mbnarrn Lfv,4. 'tt Ill.. of Lol No. I(i on ilia nerclasbar degcgrlhrltied Finnf Subdivision Plan; thence slung lho eastml lint ul L^t No. l5 North 18 debreas 53 minutes 60 sccundE lVesl a Jislsnca of 152.00 feet to s polm on the inuthcrn line of land NIL of Herman A. Willard; (hence along the southurn lint: of ssld.Wdlard land Nurlh 11 dc;rcus 02 ndnutas 00 seconds IFw a distance ur79:00 feat to a poi nt at the northwest cMarl t of Lol Nu, t 8 nn the hereinahcr desarihed Fmul SuhdivisiuA Plan; thonce ang t he wore n ?ne ofsald 18 South Ig deglaas 56 minutus 00 seconds Hest a distance of 152.00 feet to a point l..t Nu, on da rch Lane: Ihanca along dtu nurtharn ri;be-or•way lln: or htnnirch • Harsher. 18 SOU r•way line or hbtna Jugraes 01 minutes: 00 sucunds 4,'ast y QiSNmea ui 79.00 fact n point a she tnutheau Ltnta South 71 to wftlar of Lut No. lfi ])it the huremafter Final Suhdivisiun Plan, rho point and place of BEGINNING. } VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff, COLONIAL MORTGAGE COMPANY, and that said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 15, 1999 Leon P. Haller, Esquire OFFICE pE •aa cll..p:: V Hay IB 1U ao 01 FL.:.. ; L'r A;; IA i '`t N COLONIAL MORTGAGE COMPANY PLAINTIFF VS. JAMES R. LINN DEFENDANT TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 99-6956-CIVIL CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE P R A E C I P E Kindly Settle and Discontinue the above matter of record. PURCELL, KRUG & HALLER By: Leon P. R'3 er Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 31. 2000