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HomeMy WebLinkAbout96-04620 ~ N ~ 'D \~ r. ~ ',' co .. >-, , S'? - f::'~ rI) ~, c:-.. ~~ \ UJ~~ ~ 0./. :)~~ ,0 ~ "" ~, ';Q "" It-. ,.- ",?J "-J ~?; "r;) ...... '.0 '2 ~ "'<) "" '::lu- c-.-, - ~ [}:;':; <.C_ " '~'161 ;j ~ ~ .~fJ U- f-' "" \~ 0 u_ ,0 5 ~ 0 G', <...> - ~ " . tAw OrflC[5 ARTHUR M. FELD 1309 ~QIDGE SmEET NEWCUMBERLANO. PA 11070-1116 717-770-0292 FAX 717-770-0389 .' . . " ;J N ""' \1;, --z, '() ..,' ~ ~ ',' co .~. ~ , jS - r~: r') C~ .~~ r--.) \ w0. .' .-:' '" cy" _)>7 r'J v.:-:, CO ..- .-.~~ ~ "" [E:... '.- ~ ~r J ...... ('., '..0 "'() C:..: )-7 ~ N WU~ ':'~:ldS - ~ :.J.. ~, ~ r/, U:~. ::;.. .:DU- ~ ~:: 4.-: ~-<; ..0 u.. <D :5 ~ C) v) U - ~ '. , . .' IAWOrFICrS ARTHUR M. FELD 13091l.OIDGE SmEET NEW CUMBERlAND. PA 11070-1116 717-77(}'0292 FAX 717-77(}'0389 . FIRST NATIONAL BANK OF MARYSVILLE COURT OF COMMON PLEAS OF CUMBERLAND COUNT\, PENNSYLVANIA Plaintiff ,;? NO. '/(.~, CIVIL ~ vs. BRIAN K HARNER JEANNETTE D HARNER Defendants MORTGAGE FORECLOSURE CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. I f you wi sh to defend against the claims set forth in the following pages. you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fai I 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 bi' the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TH I S 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. Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICIA Le han demandado a listed en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 per abogado y archivar en In corte en forma escri ta sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, In corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion Y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 Sl NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 FIRST NATIONAL BANK OF MARYSVILLE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PA Plaintiff vs. NO. '/ I.. ,1t.J, ~ C". j0 ,'-' BRIAN K HARNER JEANNETTE D HARNER CIVIL ACTION - LAW Defendant/s MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff is First National Bank of Marysville, a Pennsylvania corporation with an address at 101 Lincoln Street, PO Box B, Marysville, PA 17053. 2, Brian K. Harner, a Defendant and Mortgagor, is an adult individual with an address of 98 Front Street, West Fairview, Cumberland County, Pennsylvania 17025-3212. 3. Jeannette D. Harner, a Defendant and Mortgagor, is an adult individual with an address of 98 Front Street, West Fairview, Cumberland County, Pennsylvania 17025-3212. 4. On or about April 28, 1992, Mortgagors executed and delivered a Note in the sum of $42,000.00, payable to The First National Bank of Marysville, a copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 5. Contemporaneously with and at the time of the execution of the aforesaid Note, in order to secure payment of the same, Defendants made, executed and delivered to The First National Bank of Marysville, a certain real estate Mortgage which is recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Mortgage Book 1064, Page 415, conveying the subject premises to Plaintiff, which mortgage is incorporated herein by reference. 6. The land subject to the Mortgage is situated in the Township of West Fairview, Cumberland County, pennsyl vania and is more particularly described in Exhibit "B" attached hereto and made a part hereof. 7. Mortgagors are the real owners of the land subject to the Mortgage. 8. The mortgage is in default due to the fact that the Mortgagors have failed to pay monthly installments of $413.59 for the months of April, 1996, and all subsequent monthly installments thereafter and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest to September 6. 1996 (c) Late Charges (d) Attorney's Commission 10% Total Amount Due $ 35,521.32 1,320.45 49.62 3.689.14 $40,580.53 together with interest at the per diem rate of $7.97 per day after September 6, 1996, 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. 10. Mortgagors are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Notice of intention to foreclose and to accelerate the loan balance has been given to the Mortgagors in accordance with Section 403 of Pennsylvania Act No. 6 of 1974, but the Mortgagors have failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the notice is attached hereto, marked Exhibit "C" and made a part hereof. 12. 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 have been determined by the Housing Finance Agency not to qualify for assistance. < ~. WHEREFORE, Plaintiff demands judgment against Defendants, Brian K. and Jeannette D. Harner in the amount of $40,580.53, together with interest at the per diem rate of $7.97 after September 06, 1996, other charges and costs incidental thereto to the date of Sheriff's Sale and judgment against all Defendants and for foreclosure and sale of the property within described. ............ ( \ l\ . V(({) Arthur M. Feld ' Attorney 1.0. No. 07172 1309 Bridge Street New Cumberland, PA 17070 (717) 770-0292 Attorney for plaintiff FIXED RATE NOTE (Daily Simple Interest) $42.000.00 April 28, 1992 Marysville. Pennsylvania FOR VALUE RECEIVED, the undersigned (jointly and severallY) promise to pay The First National Bank of Marysville, a Pennsylvania Corporation, ("Note Holder"), or order, the principal sum of Forty-Two Thousand 00/100 Dollars ($42.000.00) with interest on the unpaid principal balance from the date of this Note. until paid, at the rate of Eight and fifty hundredths (8.50\) per cent per annum. The principal and interest shall be paid on demand. in the absence of demand, payments shall be made in 180 consecutive monthly installments of Four Hundred Thirteen Dollars and 59/100 ($413.59) on the 28th day of each month. beginning May 1992. principal and interest shall be payable in lawful money of the United states of America.'. at the offices of the holder in Marysville, Pennsylvania (or at such other place as the Note Holder may designate in writing). In applying installments under this Note. Note Holder will apply all amounts received first to all interest accrued on the date the payment is credited and then to the unpaid principal balance until the entire indebtedness. evidenced by this Note, is fully paid. except that any remaining indebtedness. if not sooner paid. shall be due and payable on April 28, 2007. In the event of a default in the payment of any installment due on this Note. a default in the performance of any covenant or condition in the Mortgage securing this Note or a default in the performance of the obligations imposed by any Mortgage constituting a lien superior to the Mortgage securing this Note. the Note Holder upon providing the undersigned with such notice as required by law. shall have the ri;ht =:i option to declare the entire unpa.id balance of this within indebtedness due and payable at once and to foreclose any Mortgage securing this Note. Failure to exercise this option shall not constitute a waiver of the right to exercise the same in the event of a subsequent default. The Note Holder may require the undersigned to reimburse Note Holder for any charge the Note Holder has been required to ?ay upon the dishonor of the undersigned's check. EXHIBIT "A" The undersigned may prepay without penalty the indebtedness evidenced hereby in whole or in part at any time. Any prepayment will be applied to the outstanding principal balance after payment of all late charges and interest through the date of such prepayment. Any prepayment will not postpone the due date of any subsequent monthly installment unless Note Holder otherwise agrees in writing. In the event it becomes necessary to refer this Note to an attorney at law for collection, or if this debt of any part hereof be collected by any attorney in legal proceedings of any kind, the undersigned shall reimburse Note Holder for such reasonable attorney's fees. court costs and fees as are actually incurred by Note Holder in the collection of any part of the debt evidenced by this Note. The undersigned has been informed and understands that credit life insurance is not required to obtain credit. Property insurance on the real property described in the Mortgage may be obtained from anyone you want that is acceptable to the Lender. . The undersigned and all endorsers, sureties and guarantors further consent to any and all extensions of time, renewals, waivers or modifications which may be granted or consented to by the Note Holder hereof as to the time of payment or any other provision of this Note. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors, and endorsers hereof. This Note is the joint and several obligation of each maker and shall be binding upon them and their heirs, successors and assigns. The parties agree that they have engaged in this transaction evidenced by this Note and the Mortgage securing this Note pursuant to applicable federal, as well as state law, including the Secondary Mortgage Loan Act, as have been preempted by applicable federal law. This Note is secured by a Mortgage or even date herewith executed by Brian K. Harner and Jeannette D. Harner, his wife, to The First National Bank of Marysville constituting a first lien on real property located in Cumberland County, and duly filed for record in the Office of the Recorder of Deeds for said County. IN RITNESS RHEREOF, each individual has set his hand on the date first written above. ~ 1'( %'4-~ Brian K. Harner UQ (\~rY>-JtQ.l). ~~ 545/009rb C3!annette D. Harner NOTICE Uf',NTENTlUN to mliECUJSE MUIITCAGE ro _ Bnan Harner 9B Front et. u_~ _~est:_iAlrv.i,i'_w, P-,LlI025-3_~12. Oat.. ,d r~[J!II:': 7-2-96 217357 LO,lrl r.Jo The MORTGAGE held by '11\" First National (hereinafter WI!, us or our,;! on ,/OlU pr()pf~r ty locLltr.u .11 Bun.1r" of ~\c.~/svillc 9B Front St" West fai,vlew. PA is IN SE RIOUS DE F AU L T 1!/!I',1I1I1.' ,'Oil have 1101 made the rnollth'v /),1V/II""ts "I S 413.59 lor the mOIl(/ls 01 ~.._Apri I May . al/(l June 2B, 1996 and/or bl!CiJlISe Late charges and other charges tlave also accrued to this date in the amount of ~_ . _ .-- -----. The total amount now required to cure ttlis default. or in other words, get ci:luqht up in your payments, as of the date of this letter, is S 1,;173,85 You max CUfe this default lvlthill THIRTY (30) DA YS of the daw of this I/!tter, hy pay'ng (0 us the above amount of S __l.! 2?:3. 85.._____, plus ;.JfIY additional monthly payments iJnd late charge which may fall due during this period, Such payment must be lT1iJde either by cash, cas~,ier's d18Ck, certified check or money order, and made at The-Xir~t. National Bank of Marysville 101 LinaJln St.l1aJ:ysvillC'~.PA--1.1053-- If you do not cure the default within THIRTY 130) DAYS, we intend (0 exercise our right to accelerare the mortgage payments. This means that whatever is owing on the originai amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. if full payment of the amount of default is not made within THIRTY 1301 DAYS. we a'so inrend (0 instruct our attorneys to start a lawsuir to foreclose Vour mOrlgaged property. If rhe mortgage is foreclosed your morrgaged properrv wilf be sold bV the Sheriff to pav off the morrgage debr. If we refer your case to our attorneys, but you cure the defauit before they begin legal proceedings against you, you will stiil have to pay the reasonable attorney's fees, actually incurred, up to S50.00. However, if legal proceedings are started against you, you will have to pay the reasonabie attorney's fees even if they are over S50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If Vou cure the rlelault within the rhirrv day period, VOU wilf nor be required to pay artornev's fees. We may aiso sue you personally for the unpaid principai balance and ail other sums due under the mortgage. If you have not cured the defauit within the thirty day period and foreclosure proceedings Ilave begun, you srill have the right to cure rhe defau't and prevent the sale ar anv time up to one hour belore the Sheriff's foreclosure sale. Yoo may do 50 by paying rhe toral amount of rhe unpaid monthlv paymenrs plus anv lare or other charges then due. as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other require. menrs under the morrgage. It is estimated that the earliest elate that such a Sheriff's sale couid be held wouiel be approximately .LO.::1=;lES___. A notice of the date of the Sheriff saie will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: __;l5.7:-_2196_. This payment ,-nust be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you cOlltinue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional r.ghts to help protect your interest in the property. YOU HAVE THE RiGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MOI1TGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDiNG INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO ,\ BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT PROVIDED THAT ALL TilE OUTSTANDING PAY~lENTS, CHARGES ,\'.;o ATTORNEY'S FEES AND COSTS /\RE PAID PRIOli TO OR AT TIlE SALE, AND THAT THE OTHER REQUlfiE MENTS UNDER THE MORTGAr,E {;liE SATISFIED CONT,\CT liS iO DETERMINE u~.;oER WHAT CII'CU~" STANCES TillS RIGHT MIGHT I'XIST. YOU HAVl- rHE Im,IIT TU HAVE TillS DEFi\IJLT CURED BY .\',jV T1III1D PAiny .\CTI\:(; ON VOUI~ lJEIIALF VOII",\VI 1'111 I-:'C'IIT TO ,\SSERT ,:.: TilE rORECLOSlf'i Pf10CEEDI;\ilIS THE :'j(1i\; t:XI':P':'JCE OF f\ !)f"',\l;\ r ,1P ,\" '. ('THF~n DfFFI\JSt: VUlJ ~~,AY H^\i~ ~-!,l ,\CCF. L E R.\ T: Oi\~ () R FO n f:el ()~JU n F /' .1111 .:. ',' :hr' loil.r,I;I': ,'01' """'1.1111' "II!!' /('.':" .llll ,lit' po! .'r~:':I,'(l :1) '11'" l'tlt1: :1'11),1' ',.1111 d~'Ltll' '1' '//"',./1/:/' ",' ''',,!'' 111.," ",: ,,'11 ,I.'; ,/ .'II! ,/t'{,1/1 . i'.Il! ,'!{'f/!f(.'(1 H(\: ',I.... III ,Ill', 1";jlf'lld,11 . "l! EXlll InT "e" ..:;>-.j-rt (;']12 l -.. ;. :, ...\:..:~.~"" ~}'".-"'.' ~f:'nr NIJI/U' IJ/'N/FNT/ON to FIJrn(J()SI ,IIIJIIf!;.\(;! TO Jenn~~t;_~~Ha~fl~f 98 Front St. West Fairview, P^ 1702?-3212 1).1 r.. "t r-JqllC!~ 7-2-96 ['Jom ~Jo 217357 Th!~ ~.1()H rGAGE 111:1<1 !)'I The First NrJtional IXink of. :'\-l~'/~vi llf} (tWII'Hl,dl,.r Wf!, ll') or (HII';' (\f} \,lHlf fnOr)!!!fI!" IOC:JII:d at IS IN SEH1UUS DEFAUL T /JI'(",Jt/su you havl.'flnll1lar/e tIlt.' ,//(}f/lIl1v /JdVIIII'ng ur S 413.59 for I'''' 11/()()I!Js uf Apr 11 May . J()'f June 28, 1996 and/or !JL'CiJl/SU --~.~~------ Late chdrqes and ottler cl1Jrqes have Jlso accruud to this date in the amount of $33.08 ____~~~. The total amount now reuuired to cure this default, Of In other words, ~jet ciluqht up in 'lour payments, as of the date of this letter. IS S 1,273.85_ You "'ay Clift} thIS defalllt v'.l/thi" THIRTY (3D) DA YSo( rlw daft' ()f tIllS lu({er. /JY !JaV'lllj ro us t!Jec1buveiJfnOUfTt uf S 1,273.85 > :JllIS any aclditiol1almonthly pJYrlWllts andlat/.! chafYl! ~vlli(.'h may fall due during this perior! Slll":h payment must he mZHJe either by cash, cashif!r's dwck, certified chf.:r:k or money order, (]nd made at The First Nati""al Bank of MaIYsville 101 Lincoln St :-1arysvilla..PA.1105J...___ if you do not cure tile clef"ult within THIRTY 1301 DAYS, we inlend ro exerr:lse our right 10 accelerare the mortgage payments. This means that whatever is owing on th(~ oriflinal amount borrowed will be considered due immediately and YOll may lose the chance to payoff the original mortgo'je in monthly installments. If fuil payment of the amount of default is not made within THIRTY (3D) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your flJortgag(!{! property, II the mortgage is loruclosvd your mortgaged property will be sold by Ihe Shellf! co pav off the lIJoflgage debt. If we refer your case to our altorneys, but you cure the default before they begin legai proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to 550.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over S50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure Ihe default within the Ihirly day period, you will nor be required 10 pay arlOrnev's fees. We may also sue you personaily for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, Vall still have tlw right to cure the default and prevent thv sale at any time up to one hour before the Sheriff's foreclosure sale, You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then rlue, as well as the reasonable at(Q"wy's fees and costs connecwc/ with the foreclosure sale and perform any other roquire. ments IIncler the mortgage. !t is estimated that the earliest date that such a Sheriff's sale could be held would be approximately ._10:-4c:~6 . A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the reqUired payment will be by calling us at the following nllmber' 957-2196 ..=..~is payment ,11USt be in c"sh, cashier's check, certified check or money order and made payable to us ilt the address statea"'a't5'6vtf,.. ...'/ You should realize that a Sheriff's sale will end your ownr.rshio of the mortq<Jqed property and your right to remain in It. I f you continue to live in the property after the Sheriff's sale, .l lawsuit could be started to evict you. You h,~ve additional n.ghts to helD protect your Inturest ill th(~ !)rOpIHty. YOU HAVE THE RIGHT TO SE LL THE PROPERTY TO OBTAIr\ \!lONEY TO PAY OFF THE \1ORTGi\GE DEBT. OR TO BORROW MONE'I FROM ANOTHER LENDING I~;STITLJTION TO PAY OFF THIS DESTIDU MAY HAVE THE RIGHT TO SELL Oil TRANSFER THE PROPEfHY SUBJECT TO THE Cj!OIHGAC" T() 1\ flLJYEH OR TRANSFEREE WHO WIL!.. ASSlJ'.IE iHE MOIHGAGE DE8T, PHOVIDED T,!AT ,\Ll. Ti',' ,)lITSTM',DI~JG f'AYIv1ENTS, CHAR(,E~' ,\I\JD ATTO~'.EY'S FEES AND COSTS AilE PAID PFW1H fO 011/,1 T,lt SAl.E. ~.~!D fHAT THE OTHER I{L',)iJ'~E ME0nS '.I\DER TilE \1C);lT';i\GE .\flE Si\TISF'f,[) C()~]Tid:; 'JS TO D[7Enr.llc~F 'J~]DER WHAT (;:"<:'.':',; ST;\I':C'-,; f!IIS RIGHT '."I;in FXIST. YOU ""'.'i' TilE H:,,..' ',) HAVe TlWi DEfAULT CURED ~\ ,\":', TH!H~'~ ;'.\HTY ;\Cll\\_J \'illJP BEH;.'\Lr .,!l ~j:'\"'f . ..~ ;\Ililn 1,; .\:;srHl THE r:OHf:(' jJ: ;lf~n(.:-:; I\CiS r~,q: \(,'-: ~-':I-~:-: :L~ o~- ;\ ',; :.1; 1 r L' :'Illj.:.' r';r'r:::',;c..:r,()IJ iV^V .t.'. .\(C~:. ;,.\TI()i\j OR q,qi:l ';l::;.lnr.: ',' ,'III' .',",/" ",'.t./,I'"'' '", . ,",: J'i..f',I!! " 11,::"/1/,'/',/(1 j",'!:"" . 'l't;1 "'l', .,. , I Ij J 1 I, ~ '., I" , "',,,; )"".11.1: ,".1' ~v,~ /.+;r- . ". .It-~Sl lr~nt ACT SI NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE EmQlgoncy MorlgagoA5sIslanco Program miW 1m atlll.llo hlllp you Road !hn lollowlI1q nut,eo 10 Ilnd oul how the program Tha Commonwealth or Pennsyl\lanla" HomCQwnors' works. II you nood maro mlo/mallon call1ho Pennsylv;Jnlil HOUSing Finance Agoncy al 1 (BOOl 342.2391 La nall',caclon un .HljurHo us do sumi.! unpOrl,JnCl<l. puos alecla su dUrAcho a conllnuar ....,I/mnllo I!II ',(I CilS,j S,IlO COfllprendll H' COr\lI.InI(10 (It! est a nOtl',caClon c.btonljil una traducClon Immll(JI.llam.!nl(! Ilamanda Cslil agunc,.. (Ponnsylv,lrl'il ~iou5lnq FlIlancoAgoncyl Sill r.arrJo'i ,II llilfllmo mUflClOfl,j(j{) ,IHlIM f1uU(los sur fJh!gllllo para UIl prllslama por 01 plogram,] lIarn.ltJo'Homoowners' Emllrgoney Morlgaqe Asslslanco P1ogram" fll eual puoclo 5.111.,11 ',II C,l,;.1 cle 1.1 rm,c\lrl;1 (:'JI dl!rHcho.1 rI!clmllr su tllPOlOCil ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE F.I.IGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS RE: Accoun! No 7171~7 7-2-96 Oalf! TO FROM: Bcian Harner- The First Na.tional Bank of l1arysville You may be eligible lor finanCial assistance that will prevent 'oreClosure on your mortgage " you comply with (he prOVisions of the Homeowners' Emergencv Mortgage Assistance Act 01 1903 (lhe "Act"). You may be eligible tor emergency temporary asSistance if your delaull has been caused by circumstances beyond your control, you have a reasonable prospect 01 resuming your mortgage paymenls, and II you meel other eligibility reqUIrements eSlabllshed by the Pennsylvania Housing Finance Agency, Please read all 01 lhis Notice. It conlalns an explanation 01 your rights. Under theAc!. you arc entitled 10 a temporary Slay olloreclosure on your mortgage ror Ihlrty (30) days lrom!no dale ollhls Notice, DUrlf'g lhatllme you must alfange and allend a "lace'lo.lace" meelmg wIlh a representative ollhls lender, or With a deSignated consumer crcdlt counseling agency The purpose 01 Ihls meehng IS 10 allempl to work oul a repaymenl plan. or to otherWise sellle your delmquency. ThiS meetmg must occur 10 the nellt lhlrty (30] days If you allend a lace.ta-lace meeting Wllh IhlS tender, or wllh a consumer credll counseling agency Idenlllled In lhls nollce, no lurlher proceeding In mortgage loreclosura may lake place for lhlrty (301 days aller lhe dale 01 thiS meellng The name. address and telephone number or our representative is: Larry D Reich at The First National BaP_l.;, uf tJl.a!:vsville 101 Lincoln St flarysville Pi'>. 717 17053 957-2196 Telephone Number' The name(s). addr/Jsslesl, and phone numbers 01 (a) deslgnaled consumer credll counseling ~gcnCY(ICSIIS (aro! Urban Leaque of Metrooolitan Harrisbura 28 N:Jrth Serond St Harrisburo PA 17101 717 234-5925 1115 only necessary to schedule one race-to-race meellng, You should adVise If'lIS lender Immediately 01 your Inlentlons. Your mort~age IS 1M default because you have lalled to pay prompUy installments 01 prmClpal and mlereSI. as reqUired. lor a period at alleaSl Sl~ly {50 I days The lolal amounl ollhe delinquency IS S 1 ,'7", RS . That sum Includes the followmg ~l 240;; P~iRGi~al . I~t2r-C8: ana ~JJ.og iR Lat~ Chargee Your mortgage IS also 10 derault lor lhe rollowmg reasons. It you f'lave lfled and are unable 10 resolve tnlS prOblem al 01 aller your lace-lo-tace meelmg, vou nave me flghl 10 apply lor finanCial asslSlance Irom If'le Homeowners Emergency MOrlgage Asslslance Fund. In order 10 dO Ihls. you muSl lilt oul. s'Qn ,lnd tile a compf(>led Homeowners' Emergency Asslslance Appllcallon wllh one 01 tile deslgnaled consumer ,:recJlt counseling agenCies IIs1ed Inlne allacf'lment An apollc<ltlon lor aSSISlance m,l'. only oe oblalned from a consumer credll counseling agency TIle :onS\Jmer credll counsew'g agency Will assIst you In ldhnq oul your appllcallon dnC1 will submIt VOUf compl.>lc(J <10pllC8tlon 10 If'le PennSi'lvanlil Housmg FinanceAgenc'l "("JUf appllcal,on muSI be '.;<!d Of pOSlmarked. wlth,n IIwtv (30l daVs 01 your race.l0.LtCI' r'lce!lnq 'liS Ctlremely ,mno'."1I11 111.11 )'OIlI.I~ f'Our appliC,J/.OP .'"Jrnfflp/1r 1/ yOIl do not (10 ,,' ."" VOIJ <11..' l1ar .'01.,,\\ rIl,' ~l:l'<!f 1.1Ilt! (JIHIOcJS :ier fo,m'll fIllS INter. lort!closure m,lV I" ,Y'.'I'.: al]amSI your hQml~ "rI'fl..'r1/,lIelv :'oj,lolal1I'J lUf1r1S 'Of ,,"l,,'qCI1C.,. rnongarJt! .lSSIS1,l'1r'!I".' "(~fy IlIllOtI1d They W,I' :J'~ ':'~t'lI':;ed fly' H"~ '\tW""', 'J"Cj']f tn~ ellgl!),I,'" erllella ..'SlaOllst1ed by lhe ACl , 's e<lremely Jmoo'.-r.l 1!";1I ,.our appllealJon I,'] ,IC::..',l'" .Ill!! r.orllpll!tI1 011 "v,\r', "'S:'.'G: T rll) P'!1H1SI.I~',\I',.1 '+,lll"'l1g Finane!) Aqt'!1C\i r'<ls Sotly !DOl days 10 make ,1 ,1t', ,~,,,,,, ,liter 'I receives ,our 'l:,OIIC,ll'lln DWlng lhat ,l(J(lJlI<)'l,l" 'I"! I") !MCCIOSIJrt! t"<)C'!"'J""J~ ",,' t),] 11u'SI,,',.1 ,h1,111:,\ ,till ,I yOll 11.1...e miH Ill" l'lll.! "~(]llHemenlS set forlt1 allaH' '\)LJ ....,II De 1100ill(!d d'll!c~, :.,Jy' Ihal.\get1cv ollIS d\lC''i'OI1 )" .uur 'lPpllC,1110n T'le PennSVlvan'_1 t"' ,,,S<l11j FHlanCt! l\gencV IS i(JC;l1l';l ,IT .' 1 01 NlJrlll FIonl Slf,','1 ,.> I:.T ,)II,C,' 80. tlQ:'~', ",lrll~ilhjrq. P,!r1I15,1\',lfl',l 1 "::J5 ','I,~pr10nn r~() l' 1 n ;RO, i~l00 ,." '-QOO-3-'2-2397 1101' "'!'~ numberl Persons .....llIlllTlfJ,lf"(J rH!il'i1lq can c.111 I HOD..;,l,' ;'.19'- I' .lddlllon you n1av ";l')""'! anotlwl1101'CIJ IrOll' Ill,S 't:'JJ'~' ur\(j,'1 Ac;t G or I <J,.I . 'I.l! :1<H,,:1) 'S ':;111l'(1tn,' 'rMl,':'l (IT InlBr1t,on Tt) Forl'closu't' "rHl musl H~a<l tloln nnll';"~ ';.11,-,' IIll!V LJolf1 explain 'ilY:" 1I1al ~'ou now niIV,! un(ler p,""\C"'h,,Uli01I,IW Howev." T ,'Il d\(lIl...,' TO ,'l!~'<:IS" \(lIl' f"JllIS desclltH'cllflll1lS 1H11<CI' yOU cannOll)(J 11J1('';lnst.'\!.:pl'l' .'..11110 yOu i1fe rere'v,I"l 01,11 asslslanCe VI'rv Iruly ,'OUfS. HEMA Rrw ? 8/~j.1 -.::J.d'Y! t:...r..t___ E. R. }'tk~.(". Pt~e3irleflt 1U1" IM'U'III .- ACT 9; NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Tho Commonweallh of Pennsylvama's HomOQwnOlS' Emergoncy MartgagoAssIslancc P'ogram may b6 ablu 10 tmlp you F~oad thO lollowlng nOllCO 10 find oul how 1M progrilm wOlks II you Mod mom IflloflThlt1on Cillllho Ponnsylvilma HouSing Flllanco Agency ill 1 IOOO} 34~.23'J7 La nOlillcaclon un adlunla cs do suma unpO/lanCla. puus aluel,1 su dOfOCho ,1 contlnUil' vlvwndo IIn ~IJ <.:.15<1 $1 1\0 r;ompronclo cl CQllll1n1do do esla nohllcaClon Oblong a un;) IraduCClon Immedlalamcnh: lIilmanda osta agonCliljPennsylv.lflhl HouSing Fm;JncuA(jtJf1cyl 511I (;alflO~ .11 nljmBrO fllt!flClon,Hlo arriba PuodOs SOt uluc]lblU para un pllJSliUllI) Dar 01 proqrama lIam,lllo 'Homflownors' EmofC]oncy MOrlgaqtJ ASSlst.lnco Progr,lf1l" III euat llul!da Sill~;!r su CilS,1 (10 f<i porcll(l,l (101 dOrf!Cho a Ifld'rlllr 5U hlpotOCi1 ACT 91 NOTICE RE, Account No IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM. PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAVMENTS 7-2-96 Dalo 217357 TO FROM Jennette Harner The First National Bank of M3rVGVi lle Vou may be eligible for financial assistance Chat will prevent foreclosure on your mortgage If you comply wjfh (he provisions ot the Homeowners' Emergency Morlgage AssIstance Acl at 1983 (I he "Act"). Vou may be eligible lor emergency temporary assistance if your defaull has been caused by clrcumslances beyond your conlrol, you have a reasonable prospect 01 resuming your mortgage payments, and II you meel other ellglbllllY requirements eslabllshed by Ihe Pennsylvania Housing Finance Agency, Please read all or thIs Nollce.1I conlalns an explanatlon of your rig his. Under Ihe ACI. you are entllled 10 a temporary stay or loreclosure on your mortgage lor thIrty (30) days Irom tne dale or lhls NOllce. Dunng that time you must arrange and allend il'lace-to"ace~ meellng With a representative 01 this lender. or With a deSignated consumer credit counseling agency The purpose ollt'lls meellng IS 10 aUemplto worle out a repayment plan. or 10 otherWIse sellle your delinquency. ThIS meeting must occur In lhe nexllJ'1Irly (30) days II you allend a face.to-Iace moetlng wllh thIS lender. or wllh a consumer credll counseling agency Identllled In Ihls notlCO. no lurther proceeding 10 mortgage foreclosure may take place lor thIrty (3D) days aller tho dale 0' Ihls meeting The name. address and telephone number 01 our reprosentahve IS: rarrv D Reir.h at '1'1'" First National !lank of r-<;3rym/i 11" 101 Lin=J n St MaIvsville PA 17053 717 957-2196 TelephOne Number' The name(sl. addresslesl. and phone numbors ot (a) deslgnaled consumer credll counseling agenCY(les}IS laro) Urban I2aQUe of ~troTJOlitan Harrisburq 28 North Secord St Harrisburq Pa 17101 717 957-5925 It IS only necessary to sCl1edule ono lace. to. lace meeting, You should adVise thIS lender lmmedlalely ot your Intentions Your mortgage 1$ In default because you havo 'ailed to pay promptly IOstallments ot prinCipal and InlereSI. as reQUlfed. lor a period 01 at least SI.ly (60) days. The 10lal amount 0' the delinquency IS :) 1,273.85 That sum mcludes !he lOllowlng SL?40.77 P1""';nr.;~l h Tntp.rpqt: .::\nn ~~1 nR in f.;l;tp rh~rgpq Your mortgage 'S also In de'aull lOt !he toll OWing reasons: II you have Wed and are unable to resolve thiS problem al or atlf"!r your facc-to.!.lce rneellng. you ha~(! me (lg11110 .:lpply for financial assistance trorn tne Homeownels Emergency Morlgage AssIslance Fund. In Older to do lhlS, you must 1111 oul. :;Ign and 1,le ,1 comnl(!tr.c Homeowners' Emergency ASSistance Appllcallon Wltn one at tho deSignated consumer credit counseling agenclOs liSted 111 the attachment An appllC,llIonlor <lsslslance may only be nblalnp.Cl Irom a consumer credit counselmg agency TIle consumer credit counseling agency Will assist you In Illllng Oul your .1ppllCilllOn ,1011 Will sutlmlt your complelc>d appllc.lImn 10 Ole PennSylvanl(l HouSing FII1anceAgency YOI;' application must De ll1ed Of pOSlmarKed, wllhm Ihlrty 1301 dayS ot you' 1.1c~.1O.laCl' maelmg tiS lJlffcmely ,mportanr thai ,,'ollllle ~'OUf application prOmpll\' " HJIi (/0 I1llt :1') ,,0 ,'I.r ,',11/ ,10 11n1 r()I,'Q\\' ffl.' oilIer rllllt' jl!!fJ(l(1S Sl't rorlf! III (hIS fIJl/t" ',)It.'CI,l.'iIJfI' 111.11' 1l10Ct'l": .lgJlllst \'our home Immedt.ltell' .'t'larl,lole lundS lor (!mergen'~,' "'ort9.1ge dSSISl,lnCO ale ver, ,,11111t)!.l ~I~e,. ,','III t)._, <11:;tJl!r~;c(1 I),' 111,' :'{WIlC, ',In<1er lI',~ \'I"_l'llol," olterla establist1l~:..l tly t!1(~ '~C:I ! ", '1.tr(!metv IInportilnlll1.lt ',',",,' HJfJI'l',)\IO!l tJl~ ,lccur;lW and <On'DI''',!'n "',.",,' r()sp"rl TIlt' P'>I1I\S',I\'.lI\,.t "IH,S''''l r'l1.illCt' Ai}.!r1C,' tlJS suI',' (001 ll,n'S U m.1Ke a (laC IS";" .1!1er II 'I.'CiJIv(!S ,-OlJr appl'C.ll1lHl Jur,r'l] 111,11 .lcll.lllllJnalllll1H I'U !""~L1U~,~fl' .;IOCU,ll;II111S ,..,dill.' PUl~;IIt'~l .lq.1.!hl ,ell, ,I ,<1'1 rldV" 1!1.!1 Ole lime reQUlft~m,'nl~; St'l Torln <l00.,~ '''';' ,','1111)(.' TlOlo1'cd cllrt'Clly tJ\i Ir~al A'Japq 1)1 .IS '-:8C'<'lon on iour ,lppl'L.ltOlll' ;~1t! PannsylviUl'.l HOl,SIIl[) flll<llll:eA\}unc,..'o ..Je.lled .11 ;.>I{)I r..OrHl trnllt Slrp.!! P!l~;1 OIl,Cl! 8,). ~h;;>'.1 '~J"";tJll'q 1',"111',\1,.11",11 ,'105 T,~lepfl,)'ll' ~J,) ,,'I,') ;HO.olBOO ,l' . t!OO':j.\2.2397 (loll free l1urntm,l ::>",';on<, WIth Imp.1"'!ll rll""llll! C,II' (:.111 ~ ,HOO':\.l;' :'J~17 .n ,Wd,llon you rnay rcccl~'U ,lllutlll~r rlotH:U hom !IllS lel1(jl:l tJtllh~rlt.l:l U ul I~l".t Trlill (1'111(') ,~; c,lllt!ll HH!rJotlcfI of Ifllo'ill"lI1lll F'HPcloSlHl~" YOll fIlust fllarlllOttll1otlces. Sill,'!, "'f1y tJoUl e.pl.11fl rlrjrll., thai ,()u 110W 11<l\/t! ur1"..r PpI111';,'I...,I":" ;,1'.... f'()\I".\/,!r r you ,.rHlO~;I! to '!"~fCI$t' \l).,f ."1111<; lj,'scr,t\!"ll1l tlWi 110t,Ct'. rOll C,lll!hll III' 1,1Il~{"lnsl'(lllp()I' M1t1(l ~OlJ aro rOCClvmq Ill.l1 asslsl;lnCI! Vl!f,' Iruly ',OIllS ,jEM^nnv ;"' Bin.l ~,t; Ii. R. ^"l:::r.-: Pt-esict:nt ..ulll ""HIlll ,~ . SHunn',,' ","I'UR/! r.r::,)iJL...\!.: CAS~ NO: lU~b-~4b=~ r CIJMMUNWI::ALI'H I.W f',:NtISYLVANIA: CUUNTY U~ CUMH~RLAND F !/lST NAT IIJNAI_ elK . MA!:~l.~;'0.LJ.,L V'- "', JlARNEli ~RIAN K ,:T AL M ICI/A!::I. !JARR ICK . Stlerifi or !'epllty Sherlff of CUMDCBLANlJ Count y. Pennsy 1 V;:;n13. ',.,hCl belng 'J'I) 1 y sworn accord 1 ng to law. says. the w1t.h1n 1;I.lMf'I.A [lIT - /1IJRT ,'UR,' upon IlAIlNI':il HI( [AN K defendant, at 141:3:00 HOURS, on the ~bth~ d;;:,iY of AUGust ....as served the 1 !:J95. at 'JI) FI?UNT STfl'~,~T WEST FAIRVIEW. PA 17025-3212 County. i'ennsylvan1a, by handH.g ~D BRIAN J.:. HARNi::R a truE' and att.E'sted copy of t.hE' CUMJ'LAINT - 11IJRT FIlRI:: .' CUMBERLAND togE'ther with NUTICI:: and at the same t1me directing ~is attentlon to the contents thereof. ShE'riff's Costs: Docketinq Service - Affidavit Surcharge 18.00 10.24 .00 2.00 So ~P?we~s: ~~ -i~~"- ;';;i:,;'V,~",'Lt'.: 1 ~<< z:J? ~ Iho111a:: Kll.n€:'. SherIff S3'0~AfnJlUR M. n:LD 08/27/ 19'3(, by SWQrn and subscribelj to before mp ~~ this ';I.} ~~__ day of 1'1 .7G A. D. Uvr~.r ~ildrL'- c.;". n'\....ih", r.!+ 7/' I Pl"othonotary :,:HU:IFr-' !.:ECiULAh HETUf'f1 CA!OE NU: 1 '-'':if, .1,Hb:::l~ p Cm:MUNW.:AL TH IW rl.:ml,:Yl. V AH I A: CIJIJNTY I.W CUM8,:F:l.ANl' FlH!OT NATIUNAI. ~r: - MM,Y'iV j LJ,': V~~. f1AIWI':" 8111 AN K 1.:'1' AI. 11 [eIIAe:I, HArm [1:1\ .'-.;herlif elf L"_>~Il)t y :~~h(>rlff ('if ClIMUERLAHD County, ?ennsylvanla, whcJ being duly s......orn accord~ng to law, says, the wlthin CUi1PJ.AINT - MURT FClRl-: upon IIARNER J.:ANN.:rrl:: l' was served the defendant, at 14:..:12:00 HOURS, on the ;::E-.+:h day of A~~(lust_ 1 ':JL)b at '38 FRUNT !OTR,~J::T . CUMBEI<LAND W~ST FAIRVIEW, PA 17025-3212 CQunty. Pennsylvania. by han<:J1r.g te, Ll::A.NN.:TTl:: HARNl::R a tru~ and att~st~d copy of the CUMPLAINT - MUR~ FURE tog~th~r with NOTICE and at the same time directlng Her attention to th'2 contents thereof. Sheriff's Costs: Oock:etinq Service - Affidavit Surcharge So answers:.' , /...:;" ....,.,-""/,/ ".1'/. . .,:"'/ // . .~...~. .........~:,. ,'-"""i",:-L-'~ j' ,'/'-"-",,",,-" ~ "'7 ./.-/,,::-.... ~. --' ... /; ..-~..-... ~ , , ..,.00 H~. 24 .00 2.00 ?J 8. 24 1 omas lne, .:;. Il?rl:t. ~~/ by Sworn and subscribed to bel ore me this ',C' ,,~ day of C~,........r 1':1 .01\.'_ A.D. ~ C J'Vv.... ~-. ""'1 Lt... ; ~__ <Y-.<:-:=:._,::4-..t'I-_____ Pro l.llonotari' '>.. If, i i l.'... 1J.,~n~ ...., F! .. v:' '.' ',-1; ;-! .~) - C), .. ! lL; . C',. , -'. . i.C, ,-. ..J-.J j' C.- C. , '" l'_ ',n C U, , ,.I P 845 603 877 ..e-. Certified Mall Receipt A: No Insurance Coverage Provided ~ Do not USE! for Inlernational Mall ~;:.t>~'~:1 (See Reverse) 3w 13 Sura &ZIPCodo V (If. CllrhhOd Fcc SpeCial Dehvp.fy feo AlIsl/ICllld DcflvoryF'lll Roturn Rocc'pl Snowing ~ to Whom & D.lle OelMln>d ~ Return Recolpt Showong to Whom ~ Oatil, & Addfll$SotOehvllry ~ ., TOTALPoslage ci & FOll'i o <Xl '" E & <fJ a. Postmark or DMo /c0-c0t 7>J1 170Ss $. 32. 2. z.o $o?SOl, < LAW OFFICES ARTHUR M. FELD 1309 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070.1116 717-770.0292 FAX (717) 770-0389 October 24, 1996 Brian K. Harner Jeannette D. Harner 98 Front Street West Fairview, PA 17025-3212 The First National Bank of Marysville PO Box B Marysville, PA 17053-0017 Cumberland County Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 PA Dept. of Revenue (Judgment against Brian K. Harner only) Bureau of Compliance Dept 280946 Harrisburg, PA 17128-0946 NOTICE IS HEREBY GIVEN to the Defendants and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subj ect of the Notice of Sale pursuant to Pennsylvania Rule of civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of the said Sheriff's Sale. By: ~ ) \.\ ~Q;C/ (-~- Arthur M. Feld Attorney for Plaintiff Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070-1172 THE FIRST NATIONAL BANK OF MARYSVILLE : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PA Plaintiff NO. 96-4620 vs. MORTGAGE FORECLOSURE BRIAN K HARNER JEANNETTE D HARNER CIVIL ACTION - LAW Defendant/s NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE That the Sheriff's Sale of Real Property (Real Estate) will be held on March 5, 1997 in the Cumberland County Courthouse, Carlisle, Pennsylvania at 10:00 A.M. prevailing local time. THE PROPERTY TO BE SOLD IS delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (See description attached) The location of your property to be sold is: 98 Front Street West Fairview, PA 17025-3212 The judgment under or pursuant to which your property is being sold is docketed to: 96-4620 Cumberland County, PA The name(s) of the owner(s) or reputed owner(s) of this property is: Brian K. and Jeannette D. Harner A Schedule of Distribution, being a list of the persons being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff will be filed by the Sheriff thirty (30) days after the sale and distribution of the proceeds if someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Carlisle, PA (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET FREE LEGAL ADVICE. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, Carlisle, PA, before presentation of the petition to the Court. Arthur M. Feld Attorney for plaintiff Arthur M. Feld, Esq. ALL that certain lot of ground situate in the Borough of West Fairview, County of Cumberland and state of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the western line of Front Street twenty nine and one-half (29 1/2) feet south of the southwest corner of the intersection of Front and Market Streets; thence westwardly along the center line of Lot No.8, on the hereinafter mentioned Plan of Lots, one hundred thirty nine (139) feet to a point in the eastern line of an unnamed Alley; thence southwardly along the eastern line of said unnamed Alley twenty nine and one-half (29 1/2) feet to a point in the northern line of Lot No.7; thence eastwardly along the northern line of Lot No. 7 one hundred thirty nine (139) feet to a point in the western line of Front Street; thence northwardly along the western line of Front Street twenty nine and one-half (29 1/2) feet to a point, the place of BEGINNING. BEING the souther one-half of Lot No. 8 on the Plan of Lots of West Fairview. BEING the same premises which Lee E. Harner and Barbara A. Harner, his wife, by deed dated May 1, 1992, and recorded in the Cumberland County Recorder of Deeds office in Record Book Q-35 Page 483, have granted and conveyed to Brian K. Harner and Jeannette D. Harner, his wife, mortgagors herein. HAVING thereon erected a one and one-half story frame dwelling known as No. 98 Front Street. Tax Parcel No. 45-171044283 SEIZED, taken in execution to be sold as the property of Brian K. and Jeannette D. Harner, Mortgagors herein under Judgment No. 96- 4620. NOTICE is further given to all parties in interest and claimants. A proposed schedule of distribution of the proceeds of the above sale will be filed by the Sheriff of Cumberland County, Pennsylvania, on April 5, 1997, and that distribution of said proceeds will be made in accordance with said proposed schedule thirty (30) days after the date of sale unless exceptions are filed thereto within ten (10) days thereafter. I , I , I I I I \ \ i \ i I >- '-', cr.: ~ . ....1. ,-. ~ l1J ~:~ en ):-: (.J;' <~: FF; ',- '. :-~J ~.. C lr) ::) C'..J ; l1.l(_ U::\ ,-, ;:':J C) ~L F c:.:..' fl. .,.., ~.) (; 0\ >- g; ,..:..: w~~, o...,.--~ p,:~ Q':. oL" LLI:_ E:l.; t-: 1:- G U, N en 0..::; lr) N ,- C~ C) ,n (.1\ :0 i:.) :..: ~-.; .... .) :~ .~, .J "'..... "::J ::z,.'} 1_'- ..-,. !f:J ~ ~ :':L The First Nation3l Bank of Marysville P.O. Box B Marysville, PA 17053-0017 Cumberland County Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 PA Dept. of Revenue (Judgment against Brian K. Harner Only) Bureau of Compliance Dept 2SC3';6 Harrisburg, PA 17128-0946 4. Name and address of the last recorded holder of every mortgage of record: Address (if address cannot be reasonably ascertained, please so indicate) The First National Bank of Marysville Po Box B Marysville, PA 17053-0017 5. Name and address of every other person who has any record lien on the property: Address (if address cannot be reasonably ascertained, please so indicate) Tne First National Bank of Marysvi',le P.O. Box B Marysville, PA 17053-0017 Cumberland County Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 PA Dept. of Revenue (Judgment against Brian K. Harner Only) Bureau of Compliance Dept 280946 Harrisburg, PA 17128-0946 ,- If, I~j - N ~; .' (JJ~.-' , ,- O. .J -- 0: ~ . .' 11__ y;- -.:; ac. In '"'1 !::-II. N ::';./ . ,- :-;.; l..:_ ."; L": ,;,.1 f~. .- c. .~ I', ,") 0 c, :3 IN THE COURT OF COMMON PLEAS OF CUMBERIJ\ND COUNTY. PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ( ) Confessed Judgment THE FIRST NATIONAL BANK OF MARYSVILLE (X) Other DEFAULT JUDGMENT MORTGAGE FORECLOSURE vs. File No. 96-4620 Amount Due S36.891.39 I t t 1 442 57 FROM OoQ31,861,96- n eres .' , 6,97 Atty's Comm 3.689.14 Costs Total $42.023.10 BRIAN K HARNER JEANNETTE D HARNER 98 FRONT STREET WEST FAIRVIEW, PA 17025-3212 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does. not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 an amended; and for real property pursuant to Act 6 of 1974 an amended. Issue Writ of Execution in the above matter to the Sheriff of CUmberland County, for debt, interest and costs upon the following described property of the defendant(s) 98 Front Street. West Fairview. PA 17025-3212. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named qarnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) 'j ! I and all other property of the defendant (s) in the possession, custody or control of the said garnishee(s) . (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attach~, eX~l~it. C,}t' D"TE'. \'" 1..- \'. ( v'l\ ,'~- / " \'-/.,. Signature: ~--\ \ Arthur M. Feld, Esquire 1309 Bridge Street New CUmberland, PA 17070 Attorney for plaintiff (717) 770-0292 ID No. #07172 -- ~ Er: "..1 ,.; C~, I1lr; (2;, fL.. '" 6\ (.s, ~I:~ u. ': i' t'. ...) U ':';'1 10 C< ,-- C' 6 .~ 1''1 f'I:, I ~ f'. '0. ~ N\ ........ rr-..J' ) "'" ." ~ ~~~ ~', . ~ ~ ~ ~ ; } ''0 ''.) ::,.~' '" '; ',- p! \.; ~ f\ I::r! ~ :i:,~ .~ ~ ~ ~ ~ <"'0 \\~ _J u \ , .......... ~ (~ "'~ '",-, '" '" '''-l "''-.., s.,N '-..J '\I) >- lJ" C'.::: N ~~. C' < (' ') ',' lU;<: .. 0" o::~ -. ~~ u-r ~C :r> ~.:~! )f: '" . u..,:t.:. ., ~C1 -:=!l' ..... .. w.....'; c.....-; :..:.'- f' c.; lJ-. t..'':; " U C"I (.1 - of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Carlisle, PA (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET FREE LEGAL ADVICE. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, Carlisle, PA, before presentation of the petition to the Court. Arthur M. Feld Attorney for Plaintiff - Arthur M. Feld, Esq. ALL that certain lot of ground si tuate in the Borough of West Fairview, County of Cumberland and state of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the western line of Front Street twenty nine and one-half (29 1/2) feet south of the southwest corner of the intersection of Front and Market Streets; thence westwardly along the center line of Lot No.8, on the hereinafter mentioned Plan of Lots, one hundred thirty nine (139) feet to a point in the eastern line of an unnamed Alley; thence southwardly along the eastern line of said unnamed Alley twenty nine and one-half (29 1/2) feet to a point in the northern line of Lot No.7; thence eastwardly along the northern line of Lot No.7 one hundred thirty nine (139) feet to a point in the western line of Front Street; thence northwardly along the western line of Front Street twenty nine and one-half (29 1/2) feet to a point, the place of BEGINNING. BEING the souther one-half of Lot No.8 on the Plan of Lots of West Fairview. BEING the same premises which Lee E. Harner and Barbara A. Harner, his wife, by deed dated May 1, 1992, and recorded in the Cumberland County Recorder of Deeds office in Record Book Q-35 Page 483, have granted and conveyed to Brian K. Harner and Jeannette D. Harner, his wife, mortgagors herein. HAVING thereon erected a one and one-half story frame dwelling known as No. 98 Front Street. Tax Parcel No. 45-171044283 SEIZED, taken in execution to be sold as the property of Brian K. and Jeannette D. Harner, Mortgagors herein under Judgment No. 96- 4620. NOTICE is further given to all parties in interest and claimants. A proposed schedule of distribution of the proceeds of the above sale will be filed by the Sheriff of Cumberland County, Pennsylvania, on April 5, 1997, and that distribution of said proceeds will be made in accordance with said proposed schedule thirty (30) days after the date of sale unless exceptions are filed thereto within ten (10) days thereafter. >- ..:1' ~~: "" lLl~ ch ':;~ ()i" . , J:-:';. fE, .,'. -- ',:::J (t. )- ' . !...., (/f 8" , ~; N '. .~ -I, ,-- .tiJ l..L" <. ! 8- .' j." <..:: I~ l.'") ~ ) 0 en U ,~ >- .. 0:", -, ~ C'~! w::; ;:;~ u.. 0:$ . 1-1-.. -" 0' of::_. l_'} UI:' ..-.....: Et,~ I ~ i -- t; C , n (J. .... i ~ ~ ~'N ,~ ~ f11 ~ ''''J f'< \J I'- ,~ :::,. I'J ;s. .'tt- * :,"\) * '>~ ~ , - '., . ~ \l... '" ..... '-.J ~ ~ \. \ ~ " .-'::J ",:) t ~:J ::1- -> .) t2, ~ .-:;i. - .... s.! U-l~", . " 0' : .. .. . - 0:.( "~<l -, L_ lJ- t:" :'1:"1 C(c ...:J c.:" c" -' uJ- \_. \2 _.,1, 0:.' (..: ! .. c;:..; \. U '."J ; C;-\ ... THE FIRST NATIONAL BANK OF MARYSVILLE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. plaintiff VS. NO. 96-4620 BRIAN K HARNER JEANNETTE D HARNER Defendant/s MORTGAGE FORECLOSURE CIVIL ACTION - LAW To BRIAN K AND JEANNETTE D HARNER, Defendant/s You are hereby notified that on OCTOBER following judgment has been entered against you. 1996, the DEFAULT JUDGMENT IN THE AMOUNT OF $40,580.53 TOGETHER WITH INTEREST AT THE PER DIEM RATE OF $7.97 AFTER SEPTEMBER 6, 1996, OTHER CHARGES AND COSTS INCIDENTAL THERETO TO THE DATE OF SHERIFF'S SAJ"E AND JUDGMENT AGAINST DEFENDANT AND FOR FORECLOSURE AND SALE OF THE PROPERTY WITHIN DESCRIBED. Date: OCTOBER ,1996 15/ Xl<;."1,' nL<? [f Ilb~..., Prothonotary I hereby certify that the name and address of the proper person/s to receive this notice is: BRIAN K HARNER JEANNETTE D HARNER 98 FRONT STREET WEST FAIRVIEW, PA 17025-3212 Defendidos/as Por este medio le est a notificando que el OCTOBER ,1996 el/la siguiente Fallo ha anotado en contra suya en el caso menicionado en el apigrafe. Fecha: OCTOBER ,1996 protonotario .. . - of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Carlisle, PA (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY, It has been issued because there is a Judgment against you. It may cause your property to be held to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET FREE LEGAL ADVICE. pennsylvania Lawyer Referral Service Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs ~ust be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, Carlisle, PA, before presentation of the petition to the Court. Arthur M. Feld Attorney for Plaintiff , .' - Arthur M. Feld, Esq. ALL that certain lot of ground situate in the Borough of West Fairview, County of Cumberland and state of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the western line of Front Street twenty nine and one-half (29 1/2) feet south of the southwest corner of the intersect~on of Front and Market Streets; thence westwardly along the center line of Lot No, 8, on the hereinafter mentioned Plan of Lots, one hundred thirty nine (139) feet to a point in the eastern line of an unnamed Alley; thence southwardly along the eastern line of said unnamed Alley twenty nine and one-half (29 1/2) feet to a point in the northern line of Lot No.7; thence eastwardly along the northern line of Lot No. 7 one hundred thirty nine (139) feet to a point in the western line of Front Street; thence northwardly along the western line of Front Street twenty nine and one-half (29 1/2) feet to a point, the place of BEGINNING. BEING the souther one-half of Lot No. 8 on the plan of Lots of West Fairview. BEING the same premises which Lee E. Harner and Barbara A. Harner, his wife, by deed dated May 1, 1992, and recorded in the Cumberland County Recorder of Deeds office in Record Book Q-35 Page 483, have granted and conveyed to Brian K. Harner and Jeannette D. Harner, his wife, mortgagors herein. HAVING thereon erected a one and one-half story frame dwelling known as No. 98 Front Street. Tax Parcel No. 45-171044283 SEIZED, taken in exec,'...ltion t~ be. sold as the p:t:'operty ot Brian K. and Jeannette D. Harner, Mortgagors herein under Judgment No. 96- 4620, NOTICE is further given to all parties in interest and claimants. A proposed schedule of distribution of the proceeds of the above sale will be filed by the Sheriff of Cumberland County, Pennsylvania, on April 5, 1997, and that distribution of said proceeds will be made in accordance with said proposed schedule thirty (30) days after the date of sale unless exceptions are filed thereto within ten (10) days thereafter, RU\L ,.... ,.... .... "', ~.-~.. C" ~' .' ". L,:../ ,. " , \'" ,_..,'~ (;'1 r;J @..:,\ 1'\'.~:"I\L"',;'. i,ll"\: II \\~:!.' \J ...\ ~J' ..." On ,0 dr.)>' '-" j t, /? \'(, tile sheriff levll~d upon the dBieno3 , l::t0fC3! In HHil real prCpflit:; z:tllat:!~ iil (I;;),) i, ,in" < ''J.G..i_'.:fI.'t, C'.!in};Grh:n~~ CnUniYf Pa., J'~n'J;Ji1I~i.d nU!T;~c~j~d as: ~_6 ...3AC}lt__lj,~, L.),9>J, ]Cl : '\ ~.,,,..I r.n....... '=,l:I./ ..I....,....I~'!-,:.,.... ,.,~ r"."'I;I..;~ Iii, l' .;,;._..-..,;.':J.'d:~1~.:...-- I~.l:..: ..i',)(~ !\.Ili~ ,~,:'.",,',:.:.."..I ....111.:;.1.:.;" j. '~;-I;S ~.r~'rit ~ii~ L~"i H:~;~ rtlSi'~;iG::" ;;'.:~':~;i ::~:;.t1~:";:J j~::rGill. . ' r:.:';: /t>':) i~ n:,;:.cu.!.dl Pt-b".oJ /1 ;/. I ,.. ,-) , r) .. r, ' /C'_l (.;X:r" Ll P' .-r; ;. . /' I' /' !:I \ \ U: II" In{i : Z DO '\\';",0 ,r,.; ," , -~l ('.j = 0 n -< , .." '" ,~ c;; '" , co , co co 't~.... , '1) u3 ,. '" on -,