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HomeMy WebLinkAbout01-5420IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, Assignee NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff, JAMES E. ASCH and ROSALIE W. ASCH, Defendants TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. WELTMAN, WEINBERG & REIS CO., LP.A. AT-'TO RI~E¥s FOR'PLAINTIFF I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 116 Allegheny Center Pittsburgh, PA 15212 AND THE DEFENDANT ARE: 140 Glendale Street Carlisle, PA t7013 WELTMAN, WEINBERG & REIS CO., L.~P.A. ATTOI~N E~/ /- /- /- /-~ P~:~d-N~IFF'' I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 140 Glendale Street Carlisle, PA 17013 3~ Ward; Bgh of Carlisle R YS NO. ~ I-- .5~./.~ ISSUE NO.: CODE: TYPE OF PLEADING: 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, 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 Jn 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 properly or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAVVYER 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, NO: <:~ -- ~ V. JAMES E. ASCH and ROSALIE W. ASCH, Defendants CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURF And now, comes Plaintiff, Altegra Credit Company, assignee of National City Bank of Pennsylvania, by and through its attorneys, WELTMAN, WEtNBERG & REIS CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. 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. The Defendants are the current record and real owners of the aforesaid mortgaged premises. 7. 8. The Defendants are in default under the terms of the aforesaid Note and Mortgage. 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 Interest thru 3/1/01 Late Charge thru 3/1/01 Total Fees thru 3/1/01 Execution Costs thru 3/1/01 Attorneys' Fees thru 3/1/01 Other Charges thru 3/1/01 $ 99,892.35 $ 5,968.41 $ 657.69 $ 15.00 $ 0.00 $ 1,050.00 $ 5O.OO TOTAL $107,633.45 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: / Pa. I.D. #74950 Attorneys for Plaintiff 2716 Koppers Building 436 Seventh Avenue Pittsbur§h, PA 15219 (412) 434-7955 Complete Loan® Fixed Rate Simple Interest Note And Security Agreement Branch J~v~ES E ASCH [] Debtor(s) ROSALIE W ASCH ~deesa 140 GLENDALE ST City CARLISLE State, Zip. PA 170130000 Datad [] TERMS OF REPAYMENT FOR VALUE RECEIVED, you the undersigned ("Debtor"), promise to pay to the order of National City Bank of Pennsylvania ("Bank"), the principal sum of $ q00577.25 together with interest on the principal sum outstanding fi'om time to time and on any other amounts due under this Agreement, except interest, at the rote of 10.250 % per annum and payable in 359 consecutive monthly in~tallmenta of $ 9Ofi.3~ each, with a final installment of $ 9fl&. 3~ beginning on 06/15/1999 and continuing on the same day of each month thereaRer until paid in full. Your payment history could affec[ the amount you owe under this Agreement. [] G£SCRIPTION OF GOODS OR RE~L ESTATE SECURING PAYMENT {"PROPEBTY"} qST HTG 140 GLEHDALE ST, CARLISLE, PA q?013 m LOAN USE You represent to Bank that the loan proceeds are to be used as follows: *PURCHASE PROPERTY (HMDA) I~ DISBURSEMENT OF PROCEEDS Bank is auth°fized to disburse loan proceeds as indicated in the Itamizafion of the Amount Financed. [] INSURANCE AGREEMENT Insurance on the property must be obtained by you. You may choose the person through whom such insurance is obtained. .You cannot obtain sueh.insuJ'ance from Bank. Bank may requir~ Vendor's Single Inthtest Insurance for the term of ' ' insurance protects onl the Bank's intar~sts nrmv nht,, ~. a .... tb:.i.'s Agreement, V~ndor s Smgl~ Interest estate insurance on the Proper~y including proper flood insurance r~quired by law. If this loan is secured by other than real eatata, insurance mull consist of Fir~, Then. Coml~reh~nalve and Collision with not mor~ than Five Hundred Dollars ($500.00) deductible If you fail to maintain such nsuranee. Bank ma , at lt~ option, obtain insurance on the Property The rmurance obtained by Bank shall thc ude that coy ........ L. ,, ...... Y ' Bank's interest in the Property. If Bank obtain~ th~ insurance, you agree to pay Bank the nr~mium therefor lus in ~hall you be entitled, directly or indimetiy, to such r~fund or other remuneration. The aggmgata of aueh premium and inlarge shall be divid~b~ th~ number of V?dor's Single Interest Insurance, you still must maintain an an~gall ins~hr~Ync~nSretalll~ent shall, b~ pmpo~onataly lner~aaed: If yo~ pur0h~d GAP Wa'wr or your thll insurance proceeds, If ~ny credit insurance, Vendor's Single Interest Insurance or GAP Waiver is financed under this Agreement, the coat and tarms ~r~ shown on the Disclosure Statement. You irrevocably make Bank your agent 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 b0 coupled with an interest and shall not b~ revnkod by your death, in¢ompetancy or incapacity. All amounts Bank r~ceives may, at its option, be applied to the indebtedness evidenced by this Agreement or used to repair or replac~ the Properly. [] PREPAYMENT You may prepay the principal sum of th s Agreemen n whole or in part at any time or from time to time w thout penalty. /n the event of prepayment, interest on the sum prepaid shall be eomputad on the basis cfa 365-day y~r, but ealcu atad on actua days. [] LATE CHARGE If you are in default [as defined (1 l)] and Bank requires immediata payment of the whole amount ou ' ,n^~,tall~m.~nt and Bank doe~ not r~qu~r~ 1.1..~?ethata payment of the whole amount outstandin, h,r~nnd Y . fifl~n (15) day~ lata in paying [] RETURN CHECK CHARGE You will pay $20.00 for each return of a dishonored check, negotiable order of withdrawal, or shar~ draR i~sued by you. amounts owed under this Agreement, and (except for the Properly if the Pro crt i~ our riff( ' have with Bank and Bank's affiliatas However if Ba ' P' y Y P pal res dance) all othe.r iodebtadnesa y.o.u have or at any 'me ma security as to this Agreement only. If you are in default [as defined (11)], Bank is authorized to cancel any policies of credit insurance and extended w~rramy financed and any .GAp Waiver.¢~ntract financed. Bank may at any time apply all ess proceeds and unearned remiums of' ' ~s unearned prermums on cr~tht msuran¢~ and extended wan'an y financed or GAP Waiver p insurance, eovenng ~e Properly, as well ~ts option, to repair or r~place thc Property refunds financed to the balance outstanthng under tths Agreement or, at ~"1 DEFAULT You, will be in default on this Agreement: (i) if you do not pay an installment on time ' you to. Bank or Bank s affiliates; or (ii) if any creditor tfi~s b- lc-al .... or do not pay on. bm: any other indebtadnes~ owing by .xeguuon on th~ Property; or ( ) if there ~ a fili-- for -~ur [a-~c'~ss to t~e ?naa ~rom ?.ny ,af¢oum of your~ w~th Bank or Bank'a aRi alas or oevy if you do not pay any of your debts as they come due; or (ix if the Property is threatened w th o ' ' to go peaceably w~thout court process u'~on an,, "remises w~- Y'~Y- ~ p ~ p m.slden¢,e), and m~y use any right and rern~thes under the law meluthng the tight y n em m place. Unless otherwise requ red by law any property no covered b this 'q ' y g ehv~r the Property to t at a Bank s sole opt on, be mai ed to you at any address indicated on Bank's records. Bank may sell, lease, or otherwise dispose or,he Property. You will owe Bank the amount you then owe Bank and Bank s a ' . .P . thor thsposmon of the Property shall b~ a ~d to ffihatas. You shall pay to Bank any rema~mng balance owing under this Agreement. If Bank sues to caol~Pect any amount you owe it, the Bank may charge you for court costs and reasonable attorney's fees for Bank's own salaried lawyers or independent court,al that it hires. [] WARRANTIES You acknowledge that all information you provide to Bank is tree and completa, and that you are a natural per,on and fully competent to [] OTHER PROVISIONS You further agree that: (l) you will keep the Property nsured and in good condition and will ro ,,I ......... ~ ............... ~ ................... .p~ rlaml..n.g. ~o.the P~, !2) upon Bank s request, you wdl prompfl~ depo~m~t with Bank the certificata of NOTICE TO COSIGNER You are being asked to guarantee th s debt. Think carefully before you do. If thc borrower doesn't pay the debt, you will have to. Be aur~ you can afford to pay if you have to. and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also ~leB~°an[acyalnatu*s~i~ra Cm°fc~o~li©°cnti~sl,~l~O~haLn~ .~.~.~. l.s,.~.m.~u_n[. Th,~Ben!c ~.,.a. co.,leot this deb~. from .you without i~,st UTing to ,olls0t from the borrower. ..... e-..~, ~,~,. ,,,~, ~. ue useu agams me oorrower, such as stung you garmshing yot~r wages, {where permitted by taw). etc. IIIr~ls debt ~s ever in default, that fact may become a part of your credit record. This notice i~ not the contract that makes oH liable fo . undersigned acknowledge receipt of this Notice prior to becomin~ obligated, y r the debt The [] COPY RECEIVED You, intending to be legally bound, agree to all provisions of this Agreement, including page 1 hereof, which is incorporated herein by below.reference' and acknowledge that you received a copy of this Agreement, including the Disclo~ Statement with all applicable blanks completed before you signed Mail To: National City Bank of Pennsylvania .'1~.O. Box 5570 Cleveland, Ohio 44101 THIS MORTGAGE Is made on TENANTS BY THE ENT[RETIES RO~,,, ?. ZIEOLER REOO?,D~:~ OF DEEDS OUt, IBERLAND COUNTY-PA '99 3 2 17 Mortgage ~ (hereinafter called "Owner") and National City Bank of Pennsylvania (hereinafter called "Lender"). As used herein, the term "Owner" refers ~ individually and collectively to all Owners, and all such persons shall be jointly and severally bound by the terms hereof. WHEREAS, .IAMFR ~ =KrH nn~=~ TK U A~CH (hereinafter, whether one or more, called the "Borrower"), (is) (are) indebted to Lender in the principal sum of Dollars ($ qnn. ~77 p~ ) evidenced by a note (the "Note") dated n&,/3R,/1999 ; ,TO SECURE: the payment of ell sums due or which may become due under the Note, and any and all extensions, refinancings, substitutions, modifications or renewals thereof in whole or in part (all of which is hereinafter called the "indebtedness"); Borrower's obligations under the Note; Owner's performance under this Mortgage; the payment of all other amounts, with interest, advanced hereunder for the payment of taxes, assessments, insurance premiums and costs incurred to protect the security of this Mortgage; and the payment of Lender's costs 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 security of this Mortgage; Owner by these presents does grant, bargain, sell, end convey unto Lender, its successors, and Itc assigns all of the following described rea] estate, together wrth all improvements, now or hereafter erected, and all easements, rights, and appurtenances thereon, located at: 140 GLENDAL~ ST CARLISL~ PA 17013 CUMBERLAND Street Township/City/Municipality/Borough County Commonwealth of PennsyJvania (the "Property"), which wes 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 any) 04-20-179~-014 , as the Property is therein described and, [] if this box is checked, as the Property is more particularly described in Exhibit "A", which is attached hereto and made a part 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, warrants, Covenants, and agrees that: 1. Borrower shall promptly pay to Lender interest, principal end other sums due under the Note, in accordance with the terms of the Note. 2. Owner will keep end perform all the covenants and agreements contained herein. 3. Owner warrants and 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; and that Owner will defend the title to the Property against all claims and demands except encumbrances now recorded. 4. Owner will pay when due all taxes, assessments, levies, and other charges on or against the Property which will attain priority over this Mortgage. At Lender's request, Owner shall deliver written evidence of sir such payments to Lender. 5. Owner will not sell, enter into an installment sale contract for the sale of, Jesse, give, transfer, or encumber the Property or any right or interest in ~he Property, i~ whole or in part, without Lender's prior written permission. 6~ Owner shall keep the Property in good repair, excepting only reasonable wear and tear. Owner will comply with all laws respecting ownership and uae of the Property. Owner will permit Lender's authorized representatives to enter upon the Property st 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 affect itc market value as determined by Lender. 7. Owner shall keep the Property insured against lose by fire, all other hazards contemplated by the term "extended coverage," and such other risks and hazards as Lender shall require, in such amounts as Lender shall require. Owner sha~l purchase flood insurance as end to the extent required by law. Owner may obtain such insurance from any insurer(s) of Owner s cbc'ce, prey'dad that said ~nsurer(s) shall be acceptable to Lender. At Lender's request, ail insurance policies shall contain loss payable clauses in favor of Lender and Owner shall deliver written evidence of all such insurance to the Lender. In the event of loss, Owner shall give prompt 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 shall be applied to restoration or repair of the Property or to reduction of the indebtedness, ae Lender may determine in its eels discretion. Owner hereby appoints Lender, 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 Jn 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 wilt pay or perform all obligations under any mortgage, lien or security agreement which has priority over this Mortgage. 1538 [lii4 (Rev, 12/98) O22OP 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 · ~lect to ~Q 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 ali sums which Lender has advanced, with interest thereon at the rate of interest stated in the Note; and all sums so paid, together with interest thereon, until repaid to Lender shell be part of the indebtedness and be secured hereby. 1 O, 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 · unit in a condominium or a planned unit development, Owner shall perform 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 assigns to Lender any end all leases en the Property, now existing or which may hereafter be made, together with any and all rents and Owner's rights es landlord under Jaw; provided that Owner sha~l, prior to the declaration of an Event of Default, have the right to collect and retain such rents as 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 are filed by or 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 dias. To the extent permitted by law, if Owner ia 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 Indebtedness. If a mortgage foreclosure action or other action is filed on this Mortgage, or if Lender takes any action to protect or enforce its interest, Owner agrees to pay all of Lander'# coats and expenses, including reasonable attorneys' fees to the extent permitted by Jaw. 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 ae often as necessary; and the failure to exercise any such dgnt or remedy shall in no event be construed as a waiver or release of the same. lB. Without notice to Owner, Lender may deal with Borrower(s), the Indebtedness and any collateral security therefor In such manner ae Lender may deem appropriate or advisable including without limitation, renewing or extending the Indebtedness or any part thereof, accepting partial payment, substituting or releasing other collateral for the Indebtedness, releasing and discharging from liability Borrower(s) or any Cosigner or other person liable for all or part of the Indebtedness, all without impairing the obligations of Owner or the rights of Lender hereunder. 1 6. 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 at the address of the Property or at such other address as Owner may designate by notice to Lender es provided herein; and any notice to Lender shall be given by certified mail to Lender's address 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 shall bind the Owner's heirs, personal representatives and successors and, subject to Paragraph 5, any person to whom the Property is transferred. The rights and privileges contained herein shell inure to the Lender's successors and assigns. Lender can sell, transfer or assign 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 be construed as if the invalid or unenforceable provision had never been part of it. 19. Owner agrees that any interest payable after a judgment ia entered, or on additional lures advanced, shell be at the same rate as ia Btated in the Note, 20. Owner's obligations under paragraphs, 4, 7, 8, 9 and 13 shall survive any judgment in mortgage foreclosure, IN WITNESS WHEREOF, and intending to be legally bound, each Owner has duly executed this Mortgage the day and year first above written. WITNESS: Sam ~eesa~,_, . ,_~ ham ~eeser ' COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND Ko§alie W;-Asdh ACKNOWLEDGMENT (SEAL) (SEAL) On the 2 8 day of Apr i 1 , ~. 9 9 9 , before me, tho undersigned officer (who certifies that he/she is not an officer or director of National City Bank of Pennsylvania), personally appeared JANES E. ASCH & ROSALIE g. ASCHt , known to ma (or satisfactorily proven) to be the person(s) whose name(s) Js (are) subscribed to the within instrument and acknowledged that he/aha/they executed the same for the ) contained. Sam CERTIFICATE OF RESIDENCE , do hereby certify that Mortgagee's precise residence is/.401 Nal'ket St~'eet Camp Hi!.l. PA 17011 Agent for Mortgagee BOeK 1538 PAGElii5 {Rev. 12/S8} 0294P ~~ ".'~' ...~,~: EXHIBIT "A" ~',~te of Pe~nnsylvania 1 :',:~ :r~l'~ of Cumberland] 86 o:,;2,0 i~the office for the recording of Deeds :~J~J~d l~.~erland County Phi ;I Roc~ FAIR DEBT COLLECTION .piSj~,CTiCES 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 disput6 the validity of this debt or any' portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In 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 event that. you disPL~te the debt and/or reque.st the name of the original creditor in writing within the 30-day period, no further aciion 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 will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint 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. 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 I Finneqan, Foreclosure Specialist, of Alteqra 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff No.: 01-5420 VS. TYPE OF PLEADING: JAMES E. ASCH and ROSALIE W. ASCH, Defendants. PRAEClPE 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff No.: 01-5420 VS, JAMES E. ASCH and ROSALIE W. ASCH, Defendants PRAECIPE TO SETTLE AND DISCONTINUE_ PROTHONOTARY: Kindly settle accordingly. and discontinue the above-captioned Notarial Sea F Wendy L. Willis, NotmY public p ttsburgh, Allegheny County Mycommission Expires :July 15, 2o~rg By: matter and mark the docket Respectfully submitted: Weltman, Weinberg & Reis Co., L.P.A. Kimberly J. Hong Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 SHERIFF's RETURN _ REGULAR .CAS~ NO: 2001-05420 p COMMONWEALTH OF COUNTy OF PENNSYLVANIA: CUMBERLAND ALTEGRA CREDIT COMpANy VS ASCH JAMEs E ET AL KATHy CLARKE ., Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly SWorn according to law, Says, the within ASCH JAMEs E COMPLAINT - MORT FORE was served Upon the DEFENDANT , at 1755:00 HOURs, on the 20_~th day of Se t~, 20~01 at 140 GLENDALE STREET CARLISLE, PA 17013 ~ JA~4ES ASCH by handing to true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Hi____s attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.25 .00 10.00 31.25 Sworn and Subscribed to before me this ~ _, . i~7_~-~ uay o~ ~~----~~A.D. So Answers: 09/21/2001 WELTMAN WEINBERG & REIS By:~ SHERIFF'S RETURN _ REGULAR CASE NO: 2001-05420 p COMMONWEALTH OF PENNSYLVANIA: COUNTy OF CUMBERLAND ALTEGRA CREDIT COMPANY VS ASCH JAMES E ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly SWorn according to law, Says, the within C__OM~LAINT _ MORT FORE -----_____ was ASCH ROSALIE W DEFENDANT , at 1755:00 HOURs, at 140 GLENDALE STREET CARLI~LE~ p~ ~7013 JAMES ASCH, HUSBAND a true served upon the on the 20t_____h day of Se t~, 200____~1 by handing to 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 Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 oo-- Sworn and Subscribed to before me this 2~_~ day of So Answers: · homas Kline 09/21/2001 WELTNUL~ WEINBERG & REIS By :~