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Defendants
I IN THE COURT OF COMMON PLEAS
I COMBBRLAND COUNTY, PENNSYLVANIA
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I NO. 96-5025 CIVIL TERN
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I CIVIL ACTION - LAIf
GRBAT VALLEY SAVINGS BANlt,
Successor in Interest to
Central Pennsylvania Savings
Association,
Plaintiff
v.
JOSBPH KICIlll,U. ROBITAILLB AND
Vt>>1nJ MARIB ROBITAILLE, his
wife,
AFFIDAVIT PmultJAHT TO ROLl!! 312g
COMMONWEALTH OF PENNSYLVANIA
: ss
COUNTY OF DAUPH 1 N
Great Valley Savings Bank. Plaintiff in the above action, sets
forth as of the date of the Praecipe for the Writ of Execution was
filed the following information concerning the improved parcel of
real estate located at 127 cumberland Road, Bnola, East Pennsboro
Township, cumberland County, Pennsylvania.
1. The real estate as above identified to be sold at
Sheriff's Sale is described in Bxhibit "A" attached hereto.
2. The names of the owners or reputed owners are Joseph
Michael Robitaille and !taren Marie Robitaille, whOlle last known
address is 127 cumberland Road, Inola. Ean Penn.boro Township,
cumberland County, Pennsylvania 17025.
l. The Hid owners Joeeph MichAel Robitaille and bren Marie
Robitaille are also the naMed Defendant. in thi. judgment.
GREAT VALLEY SAVINGS BANE, I IN THE COtmT OP COMMON PLEAS
t CUMBBRLAND COUNTY, PENNSYLVANIA
Plaintiff I
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v. I NO. 96-5025 CIVIL TERM
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JOSBPH MICHAEL ROBITAILLB and I CIVIL ACTION - LAW
KAREN MARIB ROBITAILLB, his wife,
Defendants I MORTGAGB PORECLOSURE
NOTICB OP SHERIPP'S SALB OP REAL BSTATE
PURSUANT TO PA. RoCoPo 3129.1
To: Joseph Michael Robitaille, and
Karen Marie Robitaille
127 cumberland Road
Enola, PA 17025
PLEASE BE ADVISED that the sale of the parcel of real estate
with the improvements erected thereon known as 127 ~Imherland Road.
Enola. East Pennsboro Township. ~lmberland County. Pennsylvania,
which improved parcel of real estate was conveyed to Defendants
Joseph Michael Robitaille and Karen Marie Robitaille, by Deed dated
August 2, 1982 and recorded on August 12, 1982 in the Office of the
Recorder of Deeds of cumberland County in Deed Book W,Volume 29,
Page 245, will be held on June 4. 1997. under the auspices of ~he
Sheriff of Cumberland County. Cumberland Coun~y Courthouse. One
Cour~house Square. Carlisle. Pennsylvania. at 10:00 o'clock a.m.
A complete copy of the legal descrip~ion of said improved real
estate is attached hereto as Exhibit "A".
The aforesaid sale is being held on the judgment of Great
Valley Savings Bank v. Joseph Michael Robitaille and Karen Marie
Robitaille, indexed to No. 96.5025 in the Court of Common Pleas of
cumberland County, said judgment being in the principal amount of
$20,873.28, plus interest and costs of suit, together with a per
diem of $2.55 per day after March 5, 1997.
The aforesaid tract of land, with improvements erected
thereon. i8 owned or reputedly owned by the said Joseph MiChael
Robitaille and Karen Marie Robitaille.
Clailll8 against the property must be filed with the Office of
the Sheriff before the above sale date. C'lain to proceeds must be
made with the Office of the Sheriff before dinrib\ltion.
Notice is further given to all parties in interest of said
claim that a schedule of proposed distribution will be filed by the
Sheriff of Cumberland County on or about July 3, 1997.
Distribution will be made in accordance with the said schedule
unless exceptions are filed thereto within ten (101 days
thereafter.
Attached hereto is a copy of the Writ of Execution. It has
been issued because there is a judgment against Defendants, Joseph
Michael Robitaille and Karen Marie Robitaille. It will cause the
property above identified to be held or taken to pay the judgment.
Defendants, Joseph Michael Robitaille and Karen Marie Robitaille,
may have legal rights to prevent the 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 NOTICE AND THE WRIT OF EXECUTION 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 ADVICE.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(7171 240-6200
You may have legal rights to prevent the Sheriff's Sale and
the loss of your property. In order to exercise those rights
prompt action on your part is necessary. A lawyer may be able to
help you.
You may have the right to prevent or delay the Sheriff's Sale
by filing, before the sale occurs, a petition to open or strike the
judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the
Court any defense or objection you might have within twenty (201
days after service of the Complaint for Mortgage Foreclosure and
Notice to Defend. you may have the right to have the judgment
opened if you promptly file a petition with the Court alleging a
valid defense and a reasonable excuse for failing to file the
defense on time. If the judgment is opened. the Sherif f' s Sale
would ordinarily be delayed pending a trial of the issue of whether
the Plaintiff has a valid claim to foreclose the mortgage.
You may also have the right to have the judgment stricken if
the Sheriff has not made a valid return of service of the Complaint
GRHAT VALLBY SAVINGS BANX,
Successor in Interest to
Central PeDDsylvania Savings
AssociatioD,
Plaintiff
v.
JOSBPH KICHNrL ROBITAILLE and
J:ARBH KAIlIB ROBITAILLE, his
wife,
Defendants
I IN THE COUJlT OF COMMON PLEAS
I CCKB:D.LAND COtlNTY, PBHNSYLVANIA
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CIVIL ACTION - LAW
Ct"llntLAYH'l'
AND NOW, comes the Plaintiff Great Valley Savings Bank, by its
attorneys, Caldwell & Kearns, and does file the following Complaint
against Defendants, Joseph Michael Robitaille and Karen M.
Robitaille, stating in support thereof the following:
1. Plaintiff Great Valley Savings Bank is a Pennsylvania
bank and trust company duly incorporated and existing under ~he
laws of the Commonwealth of Pennsylvania, with its principal place
of business located at :210 North Fifth Street, Reading, Berks
County, Pennsylvania 19063.
:2. Plaintiff. by merger. did acquire and succeed to the
interests and assets of Central Pennsylvania Savings Association,
formerly a Pennsylvania banking corporation. on or about OCtober 1,
199..
Furthermore, it is noted that Fulton Bank, also a
Pennsylvania banking institution duly incorporated and exiating
under the laws of the COImIOnwealth of Pennsylvania, with its
principal place of buainees located at One Penn Square, Lancaster,
3
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Lancaster County, Pennsylvania, who is the authorized servicing
agent for Great Valley Savings Bank in various geographical areas
in the Commonwealth of Pennsylvania, to include Cumberland County,
where it does have multiple places of business located therein.
3. The Defendants, Joseph Michael Robitaille, and Karen
Marie Robitaille. are both adult individuals whose last known
address is 127 cumberland Road, Enola, East Pennsboro Township,
Cumberland County, Pennsylvania 17025.
4. On or about August 2, 1982, in consideration of a loan
given by Central Pennsylvania Savings Association to Defendants.
Joseph Michael Robitaille, and Karen Marie Robitaille, said
Defendants did execute and deliver to Central Pennsylvania Savings
Association, now Great Valley Savings Bank. a certain Adjustable
Mortgage Loan Note and accompanying Adjustable Mortgage Loan
Mortgage, in which said Defendants promised to pay the sum of
$63,000.00 to Central Pennsylvania Savings Association with
interest at variable rates as therein provided. A true and correct
copy of said Note and accompanying Mortgage are attached hereto,
marked Exhibit "A. and Exhibit "8" respectively, and made a part
hereof by reference thereto.
5. As stat~. said Defendants did also execute and deliver
to Central Pennsylvania Savings Association as security for the
full and timely payment of said Note a mortgage on certain iIlIproved
real estate located at 1:17 CUmberland Road. Enola, Bast Pennsboro
Township. CUmberland County, Pennsylvania. Said mortgage was duly
"
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recorded on or about August 12, 1982, in and for the Office of the
Recorder of Deeds of Cumberland County, in Mortgage Book 712, Page
780.
6. The obligation as memorialized by said Note did provide
that said Defendants would commence making payments on September 1,
1982, and continue thereafter each consecutive month until the full
amount of the obligation, to include principal and accrued
interest, was fully paid. As further agreed, the amount of the
monthly payment to amortize said obligation over a period of
fifteen (151 years, the term of then Adjustable Mortgage Loan Note
over a period of twenty (201 years, the term of said Note, at the
initial interest rate, would be Three Hundred Seventy-Four and
68/100 ($374.68) Dollars per month.
7. Said Defendants failed to pay the monthly obligation due
commencing September 1, 1995, and have failed and/or refused to
make any payments thereafter with the exception of one partial
payment in the amount of Three Hundred Dollars ($300.00) received
on or about July 8, 1996.
8. By virtue of said inactions by Defendants, the obligation
initially became in default on October 1, 1995, and remain. in
default, despite written demand by Plaintiff, including the most
recent demand of July 9, 1996.
9. The Defendants are presently in defaul t on Hid
obligation in the following amountsl Principal $18,131.16:
Accrued Interest through August 16, 1996 - $996.56; Late Charges
S
of $155.28; Negative Escrow Charges incurred by Fulton Bank for
payment of inyurance and taxes of $313.52 for a Total of
$19,596.52. Furthermore, the interest is accruing on said
obligation at a per diem of $2.62 per day after August 16, 1996,
along with continuing escrow advancements and collection costs as
authorized.
10. As provided in the Note, Exhibit 'A', a reasonable
attorney's fee of $1,500.00 is demanded.
11. By virtue of the collateral mortgage, the said servicing
agent Fulton Bank did issue to Defendants a notice under the
Homeowner's Emergency Mortgage Assistance Program (Act 911. on or
about March 6, 1996. A true and correct copy of said notice with
accompanying mailing certificate is attached hereto, collectively
marked Bxhibit .C' and made a part hereof by reference thereto.
Said Defendants did make an Application for a loan thereunder but
was denied same by notice of June 7, 1996, which 1s also attached
hereto with Exhibit 'c-.
12. Furthermore, servicing agent Fulton Bank did also send on
or about March 6, 1996, a notice of intention to foreclose the
mortgage to aaid Defendanta. A true and correct copy i. &lao
attached hereto, with a copy of the postal receipt form signed by
aaid Defendanta dated March 15, 1996, which are attached hereto,
collectively lMrked bhibit -0. and lMde a part hereof by reference
thereto.
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ADJUSTABLE .MORTGAGE.LOAN NOTE
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U.S. $ 63,000.00
Henhey
, Pennsylvania
, 19~
Auguet 2,
FOR VALUE RECEIVED, the undersigned (-Borrower-) promises(s)
to pay CENTRAL PENNSYLVANIA SAVINGS ASSOCIATION, of 100 West
Independence Street, Shamokin, Pennsylvania (hereinafter called
-Note Holder-), or order, the sum of THIRTY-ONE THOUSAND, FIVE
HUNDRED' 00 Dollars (U.S. $ 31,SOO.00 I, legal
tender of the United States of America to be paid to Note Holder,
its certain attorney, successors or assigns, to which payment
well and truly to be made, Borrower and Borrower's heirs,
executors, administrators, successors and assigns, and every of
them. jointly and severally, firmly by these presents are
bound. Principal and intereat shall be payable at Hershey office of
Central Pa. Svgs. Aeaoc. ,or such other place as Note Holder
may designate in consecutive IllOnth~ i~ta\lments on the lit
day of each month beginning on pte er , , 19 ~,
and at such interest rate and under such terms and conditions as
provided for herein.
The entire balance, including interest, if not sooner paid,
ahall be due and payable at the expiration of 240 montha from
the date of thia Note. Thia obligation is automatically renewable
aa provided for herein with the maximum term not to exceed forty
(40) yeara from the date of thia obligation.
The Initial Term of thia obligation shall be thres (3) yeara.
thirteen , ~h.~~
The Original Interest Rate ahall be fourth percent
per annum with a reaulting monthly payment of principal and intereat
totalling $ 374.68 .
At leaat thirty (30) day. but not more than forty-five (45)
day. prior to the expiration of the Initial Term of this obligation
and .ny Renew.l Term hereof. Borrower shall be notifi.d in writing
of Borrower'a option to renew the loan for .n additional period
of three (3) ye.r.. At th.t time the Borrower ah.ll be notified
of the new r.te of inter.at (th. Renewal Interest R.te) , and the
a.aunt of the monthly in.t.llment. based on the Renew.l Intereat
Rat.. When the oblig.tion la renewed, the new rate of intereat
ihiTl be baaed on chan,e. betveen the Orlgin.l Inde. Rate .nd the
Renew.l Ind.. Rate. The Ind.. utili.ed ah.ll be the n.tlonal
.ver.,. mort,a,. contr.ct rat. for major l.nd.r. on the purch.a.
of previoualy-occupied home., a. co.puted monthly by the reder.l
H~ LO.n '.nk Ioard .nd publi.hed in the Fed.r.l Home LOan lank
Ioard Journal and monthly n.w. r.l..... of the F.deral H~ LO.n
..nk loud.
V.ri.tiona in the lnt.r..t r.t. for each renewal period ah.ll
depend upon Whether the Indea he. lncr..aed or d.cr....d to a
hl,her or lower figure th.n It w.. on the d.t. thl. Obll,ation la
firat ...cut.d. If the Indea he. d.cr....d, Note Molder mU.t
r.duce the lnter.at r.t. by .t l..at the ..ount of the d.cr....
In the lft4ea. If the ind.. he. lncr....d, Not. Holder h.. the
rl,ht to Incr.... the Int.r..t rat. by the amount of any incre."
in the lllde..
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Unless the Borrower elects to remit the entire amount of the
indebtedness by the expiration date of the Initial Term of this
obl~gation or any Renewal Term thereof, the obligation shall auto-
matically be renewed for an additional three (3) year term at the
Renewal Interest Rate with monthly payments as set forth in the
Notice.
Borrower shall have the right to make prepayment in full or in
part of the outstanding principal loan balance without penalty at
anytime. Note Holder may require that anY partifll pr.epayments
(i) be made on the date monthly'!nBtallments'are due and (ii) be in
an amount of that part of one or more monthly installment payments
which would be applicable to principal. Any partial prepayment shall
be applied against the principal amount outstanding and shall not
postpone the due date of any subsequent monthly installments or
change the amount of such installments, unless Note Holder shall
otherwise agree in writing.
Borrower shall not be charged any costs or fees in connection
with any regularly-scheduled adjustments to the interest rate,
the payment, the outstanding principal loan balance, or the loan
term.
If any monthly installment under this Note is not paid when
due and remains undue after a date specified by a notice to
Borrower, the entire principal amount outstanding and accrued
interest thereon shall at once become due and payable at the option
of Note Holder. The date specified shall not be less than thirty
(30) days from the date such notice is mailed. Note Holder may
exercise this option to accelerate during any default by Borrower
regardless of any prior forbearance. If suit is brought to collect
this Note, Note Holder shall be entitled to collect all reasonable
costs of suit, including, but not limited to, reasonable attorney's
fees.
Borrower shall pay to Note Holder a late charge of five (5l)
percent of any monthly installaent not received by Note Holder within
fifteen day. after the installment i. due.
Any notice to Borrower provided for in this Note shall be given
by .ailing such notice by certified mail addre.sed to Borrower
at the Property Addres. stated below, or to such other addre.. a.
Borrower .ay designate by notice to the Note Holder. Any notice
to the Note Holder shall be given by .ailing such notice by certified
.ail, return receipt requested, to the Note Holder at the address
stated in the first paragraph of this Note, or at such other address
as may have been designated by notice to Borrower.
The indebtedness evidenced by this Note is secured by a
Mortgage, dated AUlun 2, 1981 , and reference i.
.ade to the Mortgage for right. a. to acceleration of the indebted-
n..s evidenced by this Note.
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COPY or THE MORTGAGE AND NOTR on BOND
. AND WAlUlANT WIIICIf I/WI: EXCCUTED IN
!J1lDER 10 CLOSE TIUS 'l'RANSACTION,
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60050254
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'U""L~L^'lU C"II~lY
f(.HH~Yl VA~IA
Auo IZ' 12 ~~ fM '82
ADJUSTABLE .'ORTGAGE LOAN MORTGAGE
THIS ADJUSTABLE MORTGAGE LOAN MORTGAGE (hereinafter "Mortgage")
is made this 2nd day of Auau1t , 19 82 , between
the Mortgagor, ~EPH MICHAEL ROBITAII.T.R And KAREN MARIE 1W,BJTAYU.E.
RD' l~ Shermans a e, Penna, (herein Borrower"),
and t e Mortgagee, CENTRAL PENNSYLVANIA SAVINGS ASSOCIATION, of 100
West Independence Street, Shamokin, Pennsylvania, a corporation
organized and existing under the laws of the commonwealth of Penn-
sylvania, (herein "Lender").
I. DEFINITIONS, As used in this Mortgage and the accompanying
Note (hereinafter "Obligation"), the following terms shall be
defined as followsl
and
the
was
INITIAL LOAN TERM or INITIAL TERM. That period of time from
including the day this Mortgage was signed to and including
same day and month three (3) years from the day this Mortgage
signed.
RENEWAL LOAN TERM or RENEWAL TERM. That period of time
beginning on the first day next following the end of the Initial
Loan Term and ending the same day and month three (3) year. later.
For purposes of renewal. subsequent to the first renewal of this
loan, Renewal Loan Term means that period of time beginning on th,
first day next following the end of the immediately preceding loan
term and ending on the same month and day three (3) year. later.
NOTICE PERIOD FOR RENEWAL. That period of time at least
thirty (30) days but not more than forty-five (45) days before the
last day of the Initial Loan Term or Renewal Loan Term., except for
the final Renewal Loan Term.
RENEWAL NOTICE. Written NoUce, according to the form pre-
.cribed by federal regulation (12 C.r.R. Section 545. 6-4a(e)) to be
sent by Lender to Borrower at least thirty (30) day. but not more
than forty-five (45) day. before the la.t day of the Initial Loan
Term or Renewal Loan Term, except for the fin.l Renew.l Loan Term.
,
INDEX. The index sh.ll be defined as the national .verage
mortgage contr.ct r.te for major lend.r. on the purcha.e of previou.ly
-occupied homes, as computed monthly by the rederal Home Loan Bank
Board and published in the Fedsral Home Loan Bank Bo.rd Journ.l and
monthly new. relea.e. of the Federal Home Loan Bank Board.
ORIGINAL INDEX RATE. The Inde. Rat. a. determined on the firlt
day of the Initial Loan Term. The Original Ind.x R.te Ih.ll be
the mo.t recently availabl. value of the ind.. at, or within lix
(6) .anth. prior to, the date of the clo.ing of the loan.
ORIGINAL INTSNST RAn. The intere.t rate in effect durin9
the Initial Lo.n Term.
NNE'fAL INOSX Mn. The Index ltAt.e .. determined .t the ti_
t.he R.newal NOtice i. .ent. to BOrl'over for t.he next l'en.v.l
Loan Term. The Renewal Index Rate .ball be t.he ind.x....".lll8
.o.t recently .vail.ble .. of the date of the r.te .d,u.~nt,
if the pa,..nt. i. not. .i.ult.ane~.l, adju.t.ed, Dr the index
value molt. rec.ntly a.ail.ble .. of the d.t.e of notification
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has the right to increase the interest rate by the amount of any
increase in the index. Unless the Borrower elects to remit the
entire amount of the indebtedness by the expiration date of the
Initial Term of this Mortgage and Note or any Renewal Term, the
obligation shall automatically be renewed for an additional
three (3) year term at the Renewal Interest Rate with monthly
payments as set forth in the Notice.
TO SECURE to Lender (a) the repayment of the indebtedness
evidenced by the Note, with interest thereon, the payment of all
other sums, with interest thereon, advanced in accordance herewith
to protect the security of this Mortgage, and the performance of
the covenants and agreements of Borrower herein contained, and
(b) the repayment of any future advances, with interest thereon,
made to Borrower by Lender pursuant to paragraph 21 hereof (herein
NFuture AdvancesN), Borrower does hereby mortgage, grant and convey
to Lender the following described property located in the County
of CUI~ERLAND , State of Pennsylvanial
ALL TIIAT CERTAIN lot or piece of land situate in the Township of
East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania,
bounded and described in accordance with a survey by Ernest J.
Walker, Professional Engineer, dated July 15, 1975, as fo1lowsI
8EGINN~NG at a point on the westerly line of East Cumberland Road
at the distance of 305.335 feet measured southwardly along the
said line of road from its intersection with the southeasterly
extremity of the arc or curve having a radius of 10 feet which
connects the southerly line of Perry Street with the said westerly
line of Cumberland Road, thence extending along said line of
Cumberland Road, South 10 degrees 20 minutes East 50 feet,
thence extending South 79 degrees 40 minutes West, (passing through
the middle of the party wall between the house on this lot and
house on lot, adjoining on the South) the distance of 125 feet,
thence North 10 degrees 20 ~nutes West 50 feet, thence North 79
degrees 40 minutes East 125 feet to the place of BEGINNING.
HAVING TIIEREON erected a two and one-half story fru. dwelling
known as No. 127 East Cumberland Road.
BIING the su. premises which. Donald ~. Orris, II and Mary Elisabeth
Orris, his wife, convsyed unto Joseph Michael Robitaille and Karen
Marie Robitaille, his wife, Mortgagors herein, by deed intended to
be recorded simultaneously herewith.
Al80 being tllls S&lIIe prem.e. which Dana W. Rine and Joyce N. Rins,
hi. wife, conveyed unto Donald ~. Orris, II and Mary Elisabeth Orris,
hi. wife, by deed dated November 20, 1910 and recorded Nove.ber 25, 1980
at Deed Book P, V01UM 29, page 342.
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UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. PAYMENT OF PRINCIPAL AND INTEREST. Borrower shall promptly pay
when due the principal of and interest on the indebtedness evidenced
by the Note, prepayment and late charges as provided in the Note,
and the principal of and interest on any Future Advances secured by
this Mortgage,
2. FUNDS FOR TAXES AND INSURANCE. Subject to applicable law or to
a written waiver by Lender, Borrower shall pay to Lender on the day
monthly installments ot principal and interest are payable under the
Note, until the Note is paid in full, a sum (herein wFundsW) equal
to one-twelfth of the yearly taxes and assessments whiCh may attain
priority over this Mortgage, and ground rents on the Property, if any,
plus one-twelfth of yearly premium installments for hazard insurance,
plus one-twelfth of yearly premium installments for mortgage insurance,
if any, all as reasonably estimated initially and from time to time by
Lender on the basis of assessments and bills and reasonable esti-
mates thereof.
The Funds shall be held in an institution the deposits or
accounts of which are insured or guaranteed by a Federal or
state agency (including if Lender is such an institution). Lender
shall apply the Funds to pay said taxes, assessments, insurance premiums
and ground rents. Lender may not charge for so holding and applying
the Funds, analyzing said account, or verifying and compiling
said assessments and bills, unless Lender pays Borrower interest on
the Funds and applicable law permits Lender to make such a charge.
Borrower and Lender may agree in writing at the time of execution
of this Mortgage that interest on the Funds shall be paid to
Borrower, and unless such agreement is made or applicable law
requires such interest to be paid, Lender shall not be required to
pay Borrower any interest or earnings on the Funds. Lender shall
give to Borrower, without charge, an annual accounting of the Funds
showing credits and debits to the Funds and the purpose for which
each debit to the Funds was made. The Funds are pledged as additional
security for the sum. secured by this Mortgage.
If the a~unt of the Fund. held by Lender, together with the
future monthly installment. of Funds payable prior to the due data
of taxes, assessments, insurance premiums and ground rents, shall
exceed the amount required to pay said taxes, asse..ments, insurance
premiums and ground rents, as they fall due, such excess shall be,
at Borrower's option, either promptly repaid to Borrower or credited
to Borrower on monthly installments of Funds. If the amount of the
Funds held by Lender shall not be sufficient to pay taxes, assessments,
insurance premiums and ground rents as they fall due, Borrower shall
pay to tender any a~unt necessary to make up the deficieney within
30 day. frea the date noUce h _111d by tender to Borrower
requesting par-ent thereof.
Upon par-ent in full of all suas secured by this Mortgage,
tender shall pr~tly refund to Burrower any runds held by tender.
If under paragraph l' hereof the Property is sold or the Property
is otherwise acquired by tender, tender .hall apply, no later
than iMmediately prior to the .ale of the Property or It. acquieition
by tender, any F\and. held by Lender at the tiN of .pplication es
a credit against the suas s.cured by this Mortgege.
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3. APPLICATION OF PAYMENTS. Unless applicable law provides
otherwise, all payments received by Lender under the Note and
paragraphs 1 and 2 hereof shall be applied by Lender first in
payment of amounts payable to Lender by Borrower under paragraph 2
hereof, then to interest payable on the Note, then to the principal
of the Note, and then to interest and principal on any Future
Advances.
4. CHARGES, LIENS. Borrower shall pay all taxes, assessments and
other charges, fines and impositions attributable to the Property
which may attain a priority over this Mortgage, and leasehold
payments or ground rents, if any, in the manner provided under
paragraph 2 hereof, or, if not paid in such manner, by Borrower
making payment, when due, directly to the payee thereof. Borrower
shall promptly furnish to Lender all notices of amounts due under
this paragraph, and in the event Borrower shall make payment directly
Borrower shall promptly furnish to Lender receipts evidencing
such payments. Borrower shall promptly discharge any lien which
has priority over this Mortgage, provided, that Borrower shall
not be required to discharge any such lien so long as Borrower shall
agree in writing to the payment of the obligation secured by such
lien in a manner acceptable to Lender, or shall in good faith
contest such lien by, or defend enforcement of such lien in,
legal proceedings which operate to prevent the enforcement of the
lien or forfeiture of the Prop~rty or any part thereof.
5. HAZARD INSURANCE. Borrower shall keep the improvements now
existing or hereafter erected on the Property insured against loss
by fire, hazards, included within the term -extended coverage-
and such other hazards as tender may require and in such amounts
and for such periods as Lender may require, provided, that tender
shall not require that the amount of such coverage exceed that
amount of coverage required to pay the sums secured by the Mortgage.
The insurance carrier providing the insurance shall be chosen
by Borrower subject to approval by Lender, provided, that such
approval shall not be unreasonably withheld. All pre.iums on
insurance policies shall be paid in the manner provided under para-
graph 2 hereof, or, if not paid in such manner, bI Borrower asking
payment, when due, directly to the insurance carr er.
All insurance policies and renewals thereof shall be in fora
acceptable to Lender and shall include a standard mortgage clause
in favor of and in form acceptable to tender, tender shall have the
right to hold the policies and renewals thereof, and Borrower
shall promptly furnish to Lender all renewal notices and all
receipts of paid pre.iurns. In the event of loss, Borrower shall
give prOlllpt notice to the insurance carrier and Lender. tender
may make proof of loss if not sade promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, ins~ancs
proceeds shall be applied to restoring or repair of the Propert,
damaged, provided such restoration or repair i. econcaicslly feasible
and the s.curity of this Hartgage is nol lhereby i~aired, lf each
restoration i. not econoaically feasible or if the securlty of
this Mortgage would be iapaired, the insurance proceeds shall be
applied to the su.s .ecured b, this Hartgage, with the exces.,
if any, paid to Borrower. If the Properly 11 abandoned by .o....owr,
or if Borrower fail. to re.pGftd to tender within )0 day. fro. the
date noli~e i. sailed by tender to Borrower thet the insurance
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carrier offers to settle a claim for insurance benefits, Lender
is authori&ed to collect and apply the insurance proceeds at
Lender's option either to restoration or repair of the Property
or to the sums secured by this Mortgage.
Unless Lender and Borrower otherwise agree in writing, any
such application of proceeds to principal shall not extend or
postpone the due date of the monthly installments referred to in
paragraphs 1 and 2 hereof or change ~he amount of such installments.
If under paragraph 18 hereof the Property is acquired by Lender,
all right, title and interest of Borrower In and to any insurance
policies and in and to the proceeds thereof resulting from damage
to the Property prior to the sale or acquisition shall pass to
Lender to the extent of the sums secured by this Mortgage immediately
prior to such sale or acquisition,
6. PRESERVATION AND MAINTENANCE OF PROPERTY, LEASEHOLDS,
CONDOMINIUMS, PLANNED UNIT DEVELOPMENTS. Borrower shall keep the
Property in good repair and shall not commit waste or permit impair-
ment or deterioration of the Property and shall comply with the
provisions of any lease if this Mortgage is on a leasehold. If this
Mortgage is on a unit in a condominium or a planned unit development,
Borrower shall perfora all of Borrower's obligations under the
declaration or covenants creating or governing the condominium or
planned unit development, the by-laws and regulations of condominium
or planned unit development, and constituent documents. If a
condominium or planned unit development rider is executed by Borrower
and recorded together with this Mortgage, the covenants and agreements
of such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Mortgage as if the
rider were a part hereof.
7. PROTECTION OF LENDER'S SECURITY, If Borrower faUs to perform
the covenants and agreements contained in this Mortgage, or if any
action or proceeding is commenced which materially affects Lender'.
interest in the Property including , but not limited to, eminent
domain, insolvency, code enforcement, or arrangements or proceedings
involving a bankrupt or decedent, then Lender at Lender's option,
upon notice to Borrower may make .uch appearance., di.bur.e .uch
sum. and take such action as is necessary to protect Lender'.
interest, including, but not limited to, disbursement of reasonable
attorney's fees and entry upon the Property to make repairs. If
Lender required mortgage insurance as a condition of making the
loan secured by the Mortgage, Borrower shall pay the premiums
required to .aintain such insurance in effect until such ti_ a.
the requirement for such insurance terminates in accordance with
Borrower's and Lender's written agreement or applicable lav.
Borrower shall pay the aaount of aU .-ortgage insurance premiums in
the .anner provided under paragraph 2 hereof.
Any a.aunts disbur.ed by Lender pur.uant to this paragraph 7
with intere.t thereon, ehall bec~ addltlonal indebtedne.s of
&arrover .ecured by thl. Mort,age. Unless Borrower and Lender
agree to other teras of par-ent such amount. .hall be payable upon
not.ice hCR Lender to aorr_r rsquelt.ln9 ...r-nt thereof, emS lhall
bear intere.t from tM date of dhbune..nt at the rate payable
fra. ti.. to tl_ on OQtltandlng principal under the Note unle..
payment of Intere.t at .uch rate would be contrary to applicable
law, in which event .uch ~t. .hall bear intere.t at the
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highest rate permissible under applicable law. Nothing contained
in this paragraph 7 shall require Lender to incur any expense
or take any action hereunder.
8. INSPECTION. Lender may make or cause to be made reasonable
entries upon and inspection. of the Property, provided that
Lender shall give Borrower notice prior to any such inspection
specifying reasonable cau.e therefor related to Lender's interest
in the Property.
9. CONDEMNATION. The proceeds of any award or claim for damages,
direct or consequential, in connection with any condemnation or
other taking of the Property, or part thereof, or for conveyance
in lieu of condemnation, are hereby a.signed and shall be paid to
Lender.
In the event of a total taking of the Property, the proceeds
shall be applied to the sums secured by this Mortgage, with the
excess, if any, paid to Borrower. In the event of a partial taking
of the Property, unless Borrower and Lender otherwise agree in
writing, there shall be applied to the sums secured by this Mortgage
such proportion of the proceeds as is equal to that proportion Which
the amount of the sums secured by this Mortgage immediately prior
to the date of taking bears to the fair market value of the Property
immediately prior to the date of taking, with the balance of the
proceeds paid to Borrower.
If the Property is abandoned by Borrower, or if, after
notice by Lender to Borrower that the condemnor offers to make
an award or settle a claim for damages, Borrower fails to respond
to Lender within 30 days after the date such notice is mailed,
Lender i. authorized to collect and apply the proceeds, at Lender's
option, either to restoration or repair of the Property or to the
sums secured by this Mortgage.
Unl.s. Lend.r and Borrower oth.rwis. agr.e in writing, any
such application of proceeds shall not extend or postpone the
due date of the monthly in.tallments referred to in paragraph.
1 and 2 hereof or change the amount of .uch installments.
10. BORROWER NOT RELEASID. Ixtension of the time for payment or
modification of amortization of the sums .ecured by this Mortgage
granted by Lender to any succes.or in intereat of Borrower .hall
not operate to relea.e, in any manner, the li.bility of the
origin.l Borrower .nd Borrower'. .ucce..or. in inter..t. Lender
.hall not be required to commence proceeding. .gain.t .uch .ucce..or
or refu.. to .xtend ti.. for pay.ent or otherwise aodify amortiza-
tion of the .uaa .ecured by this Mortga,. by reason of any demand
made by the original Borrower and Borrower'. successor. In int.rest.
11. roRUAaANCl IY LENDIR NOT A NAIVlR. MY forbearance by
Lender In ex.rcleln, any right or r.-.dy hereunder, or otherwiee
.fforded by applicable law, .hell not be a v.lver of or preclude
the e.erei.. of any .uch right or re..dy. The procur.ment of
inaurance or the par-ent of t.... or other lien. or charge. by
Lender .hell not be . waiver of Lender's rllJht to .ccelerate the
.aturity of the indebtedness secured by this Mortg....
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12. REMEDIES CUMULATIVE. All remedies provided in this Mortgage
are distinct and cumulative to any other right or remedy under
this Mortgage or afforded by law or equity and may be exercised
concurrently, independently or successively.
13. SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY;
CAPTIONS. The covenants and agreements herein contained shall
bind, and the rights hereunder shall inure to the respective
successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 17 hereof. All covenants and agreements
of Borrower shall be joint and several. The captions and headings
of the paragraphS of this 1I0rtgage are for convenience only and
are not to be used to interpret or define the provisions hereof.
14. NOTICE. Except for any notice required under applicable law
to be given in another manner, (a) any notice to Borrower provided
for in this Mortgage shall be given by mailing such notice by
certified mail addressed to Borrower at the Property Address or at
such other address as Borrower may designate by notice to Lender,
as provided herein, and (b) any notice to Lender shall be given by
certified mail, return receipt requested, to Lender's address
stated herein, or to such other address as Lender may designate
by notice to Borrower as provided herein. Any notice provided for
in this Mortgage shall be deemed to have been given to Borrower or
Lender when given in the manner designated herein.
15. UNIFORM MORTGAGE: GOVERNING LAW; SEVERABILITY. This form
of mortgage combines uniform covenants for national use and
non-uniform covenants with limited variations by jurisdiction
to constitute a uniform security instrument covering real property,
This Mortgage shall be governed by the law of the jurisdiction in
which the Property is located. In the event that any provision
or clause of this Mortgage or the Note conflicts with applicable
law, such conflict shall not affect other provisions of this
Mortgage or the Note which can be given effect without the con-
flicting provision, and to this end the provisions of the Mortgage
and the Note are declared to be severable.
16. BORROWER'S COPY. Borrower shall be furnished a conformed
copy of the Note and of this Mortgage at the time of execution or
after recordation hereof.
17. TRANSFER OF THE PROPERTY; ASSUMPTION. If all or any part of
the Property or an interest therein 1. sold or transferred by
Borrower without Lender's prior written consent, excluding (a) the
creation of a lien or encumbrance subordinate to this Mortgage,
(b) the creation of a purchase money security interest for household
appliances, (c) a transfer by devise, descent or by operation of
law upon the death of a joint tenant or (d) the grant of any leasehold
intere.t of three years or les. not containing an option to purchase,
Lender .ay, at Lender's option, declare all the sums secured by
this Mortgage to be immediately due and payable. Lender shall have
waived such option to accelerate if, prior to the .a1e or transfer,
Lender and the person to whom the Property is to be sold or trans-
ferred reach agreement in writing that the credit of such person
is .atisfactory to Lender and that the interelt payable on the
SUMS lecured by this Mortgage shall be at luch rate al Lender .ha1l
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request. If Lender has waived the option to accelerate provided
in this paragraph 17, and if Borrower's successor in intelest has
executed a written assumption agreement accepted in writing by
Lender, Lender shall release Borrower from all obligations under
this Mortgage and the Note.
If Lender exercises such option to accelerate, Lender shall
mail Borrower notice of acceleration in accordance with paragraph
14 hereof. Such notice shall provide a period of not less than
30 days from the date the notice is mailed within which Borrower
may pay the sums declared due. If Borrower fails to pay such sums
prior to the expiration of such period, Lender may, without further
notice or demand on Borrower, invoke any remedies permitted by
paragraph 18 hereof.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant
and agree as followsl
18. ACCELERATION; REMEDIES. Upon Borrower's breach of any
covenant or agreement of Borrower in this Mortgage, including
the covenants to pay when due any sums secured by this Mortgage,
Lender prior to acceleration shall mail notice to Borrower as
provided by applicable law specifying: (1) the breach; (2) the
action required to cure such breach; (3) a date, not less than
3~ days from the date the notice is mailed to Borrower, by which
such breach must be cured; and (4) that failure to cure such breach
on or before the date specified in the notice may result in
acceleration of the sums secured by this Mortgage, foreclosure by
judicial proceeding and sale of the Property. The notice shall
further inform Borrower of the right to reinstate after accelera-
tion and the right to assert in the foreclosure proceeding the
non-existence of a default or any other defense of Borrower to
acceleration and foreclosure. If the breach is not cured on or
before the date specified in the notice, Lender at Lender'. option
may declare all of the sums secured by this Mortgage to be
immediately due and payable without further demand and may
foreclose this Mortgage by judicial proceeding. Lender shall be
entitled to collect in such proceeding all expenses of foreclosure,
including, but not limited to. reasonable attorney's fee., and
costs of documentary evidence. abstracts and title report..
19. BORROWER'S RIGHT TO REINSTATE. Notwithstanding Lender'.
acceleration of the sums secured by this Mortgage, Borrower shall
have the right to have any proceedings begun by Lender to enforce
this Mortgage di.continued at any time prior to at least one hour
prior to the commencement of bidding at a sheriff'. .ale or other
sale pursuant to thi. Mortgage if I (a) Borrower pay. Lender all
sums which would be then due under this Mortgage. the Note and
note. .ecurinq Future Advancea, if any, had no acceleration
occurred, (bl Borrower cures all breaches of any other covenanta
or agreement a of Borrower contained in thia Mortgage; (c) Borrower
pays all reasonable expenses incurred by Lender in enforcing the
covenanta and agreement. of Borrower contained in this Mortgage
and in enforcing Lender's remedie. as provided in paragraph II
hereof. including. but not limited to. reason.ble attorney'.
fee'l and (d) Borrower take. such actlon as Lender ..y reasonably
require to a.sure that the lien of this Mortgage, Lender'.
intereat in the Property and Borrower's obligation to pay the
sums secured by lhi. Mortgage ahlll continue unimpairad. UpOn luch
payment and cure by Iorrower, this Morlgage Ind lhe Obligation.
.ecured hereby ahall remain in full force Ind effect I. if no
acceleration had occurred.
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20. ASSIGNMENT OF RENTS, APPOINTMENT OF RECEIVER, LENDER IN
POSSESSION. As additional security hereunder, Borrower hereby
assigns to Lender the rents of the Property, provided that Borrower
shall, prior to acceleration under paragraph 18 hereof or aban-
donment of the Property, have the right to collect and retain
such rents as they become due and payable.
Upon acceleration under paragraph 18 hereof or abandonment
of the Property, Lender, in pereon, by agent or by jUdicially
appointed receiver, shall be entitled to enter upon, take possession
of and manage the Property and to collect the rents of the Property
.. including those past due. All rents collected by Lender or the
receiver shall be applied first to payment of the costs of
management of the Property and collection of rents, inClUding,
but not limited to, receiver's fees, premiums on receiver's
bonds and reasonable attorney's fees, and then to the sums
secured by this Hortgage. Lender and the receiver shall be liable
to account only for those rents actually received.
21. FUTURE ADVANCES. Upon request of Borrower, Lender, at
Lender's option prior to release of this Mortgage, may make
Future Advances to Borrower. Such Future Advances, with interest
thereon, shall be secured by this Mortgage when evidenced by
promissory notes stating that said notes are secured hereby. At
no time shall the principal amount of the indebtedness secured
by this Mortgage, not including sums advanced 1n accordance
herewith to protect the security of this Mortgage, exceed the
original &mOunt of the Note.
22. RELEASB. Upon payment of all sums secured by thle Mortgage,
Lender shall discharge this Mortgage, without charge to Borrowsr.
Borrowsr shall pay all costs of recordation, if any.
23. PURCHASB HONEY MORTGAGE. If all or part of the suas secured
by this Mortgage are lent to Borrower to acquire title to the
Property, this Mortgage i. hereby declared to be a purcha.e money
IIOrtvage.
IN WITNBSS MBBRBOP, Borrower has executed this Mortvave.
Witnes..
It6 ~oa!!f;::1!ower
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COMHONWEALT~OF PENNSY
COUNTY OF P
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On this, the ~day of , U~*,before Ifte,
a Nota~ Public , the under gned Officer, personally
appeared JOSEPH MICHAEL ROBITAILLE , XA ~N MARIE ROBITAILLE, his wife
known to me or sat s actor y proven to the person s w ose
name(s) are subscribed to the within instrument and
acknowledge that ~ney executed the same for the purpose herein
contained.
In witness whereOf, I hereunto .et my hand and official seal.
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~ residene. . and post" ofrlce' address ot; ~he above nUl8d lAnder
lo/) Wes\: . IndePendence Street;' .SbUlOkin, ."Ii;. 17872.
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GUY W. SOILISINGaR, ISO.
21 Baat Independence Street
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ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
The Commonwealth of Pennsylvania's
Homeowner's Emergency Mortgage Assistance
Program
may be able to help you,
Read the following notice to find out how the
program works.
If you need more infonnation call the Pennsylvania
Housing Finance Agency at 1(800)342-2397
LANOTIFlCACION EN ADJUNTO ES DE SUMA IMPORT ANClA. PUES AFECT A SU
DERECHO A CONllNUAR VMENDO EN SU CASA. 51 NO COMPRENDE EL
CONTENJDO DE FSTA NOllFlCACION OBTENGA UNA TRADUCCION
INMEDlATAMENTE ll.AMANDO FSTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER
ELEOmLE PARA UN PRESTAMO POR EL PROORAMA lLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROORAM" EL CUAL PUEDE SALVAR SU
CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIPOTECA.
FUlton Bank
People dedicated to your success..
ACT 91 NOTICE
MARCH 6, 1996
PAGE 2
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ TffiS NOTICE.
YOU MAY BE ELIGmLE FOR FINANCIAL ASSISTANCE
WlDCH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FU11JRE MORTGAGE PAYMENTS.
Dalc: Mutb 6, 1996
RE: ActOWIt No.: 719~S02S42
TO: Joseph M. Robitaille
JWm Maric Robillillc
127 Eul CUmberWId Road
EDoIa. PA 17025-2510
FROM: FuJloo IlIat
29 East KID, SIftCt
l.aastu, PA 17602
You 11II1 be di&ible ror """",,",1 .-let........ Ibat wiD pet.ml rClP("IifI"~ em Jaur'
IDIIrip&e II J08 comply with the ,,"O.w-. or the Bomeolll8US' L..._y Mortpce
.&odd"nce Ad or 1983 (the '"Ad'. Yem III&J be cUpbIe ror ~_'7 '-PDr.,
---eo II Jaur' dtrauJt bas beta callSlld 111 cU<""'.....1I(ft beJoad fOUl' Cllldb.... J08 haft
. II [I)ft....... p.~ or r-nnl,. Jaur' IDCJrt&lI&'e paln" ..1", IDd II J08 meet ...
"'1&JhUitJ ~-~ atabUsbed 111 the I'taasyInDIa BO...."I.....~ A&acJ. I'Ieae
read d or this Notice. It CODtaIIIs aa apt....... or 10ur rfcIds.
UDdu IIIc Act. you an: willed 10 a temporary wy of thc foRdOlllR 00 your monallc for thiny (:!O) dayl
from IIIc date of this Notice. Duria& dI.II Ilmc you IIIIIIt IITIIIIc IIld IIICDd a .face-to-face. -uaa willi a
rqr--..m of this Iadcr. or with . dalpalcd ....,,,...... crcdil COUIIICliq IIICDCY. TIle pIII1IOIC of this --.
1110 II1eaIplIO wort out a ~ pl.. or 10 ochcnriIC lCfIIe your deli.aqucDcJ. nil _iq _ _ ill
IIlI DCI1 (301 days.
rryou IIlaI4 a fKc.to-face -m, with this 1eDder. Of with . __ credit ~iq IIICDCY IdeDIIfIed
ill this 1KJl1ce. .. funber procecdiq Ia mortpat ~Klowt IDI1 taU pIKe ror thirty (:10) dIy1 aftIr tile .. 01
this -m,. TIle _. adcbas IIld leIepboae INIIIber of our ~ II:
NCII J. a.-
FIIItaa 11M
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1_.'A 17(,l)4
Telc,t I I Nulber. (717) ~ 1.26IS
The P'tMIyI.1IliI "_'1\1 F,- "I"CJ _ be mtlted tolL FUt.. 1(100))41.2)91
PENN~YLVANIA HOUSING FINANCE AGENCV
Homeowners Emergency Mortgage Assistance Loan Program
P:lYmrnll Grnrrallnrormallon (7111110-1940 CorruDlUIll.tnu
2101 Norlh Fronl SUCCI Grnrral Inrorm.llon 1-'00-J42-1)91 2101 NOllh Plonl SUCCI
P.O. Box "206 TDD' For Hurln. Impalrrd (7111110-1169 PO. Dox "510
Harrisbura. PA 11105-5206 thlmbul" PA
'/011"
FUL TOil BAIlIC
P.O. BOX 41"
LAIlCASTlR, PA. 1"04
SUBJICf,
JOSIPH " ROIITAILLI
121 I. CUHlIJU.AHD ROAD
SHOLA. PA. 11025
Your appUc.tion for. HOKIQWIrIR'S IMIIIGSNCY KlRTC1AOI ASUSTAIlCI LOAIf h.. bun 0111110
purauant to Act '1 of 1'11, 15 P.I. S.ction l".401'C .t ..q. andlor Ag.ncy
Guid.lin.. l' PA Coda Section 40.101 .t a.q. for the following r...on.:
1. Mortg.gor ia not .uff.ring financi.l hard.hip due to cir~.tanc.. beyond MOrtg.gor'.
control ba..d on: Total IIOrtg.g. d.Unqu.ncy ia not due to cirC\Jlllatanc.. beyond IIOrtll.'
gor'a control: It w.. Mr. Robit.ill.'. choic. to .1 r.tir. ..rly bl u.. aema of the
r.tir...nt funda toward. an .ppr.ntic..hip and cl pur.u. an .ppr.ntlc..hip r.th.r than
uoploymant.
~. Mortgagor ia not .uff.rlng financial hard.hip due to clr~.tanc.a beyond MOrtll.llor'.
control ba..d on: 'Inanci.l hard.hlp ia due to lIlOIley .laNI\g....nt.
You ..y be .ntitled to an .ppeal h.arlng If you dh.lln. with our declalon. W. lNet r.c.lv.
. wrltt.n r.que.t for. he.rlng within 15 day. of the po.uaark data of thla 1.tt.r. IApp..l
nqu..t. .....at be in ...itill9: . verbel r.queat la not .cc.ptabl.l. Th. heulng ..y be con.
duct.d by a t.lephone conf.rence c.l1; th.r.for.. you MU.t Include your telephone n~r.
R.qu..ta for h..ring. .u.t .t.t. the r...ont.1 that. h.arlD9 la r.qu..t.d and lOU.t be .ent
flr.t cl.... r.gi.t.red or c.rtified ..il to: Chi.t Coun..l . "..rlng I.qu..t, PK'A/"IMAP .
~101 North 'ront Str..t, P. O. Box 15'~', Harrl.bur" '.nn.ylvanl. 11105"'21. Th. Ag.ncy
will .tt.~t to .ch.dul. the h..rin, within thirty tJOI day. .tt.r the r.qu..t I. r.c.Iv.d.
When ..ndlng your appe.l. pl.... be .ure to print your n... l.glbly and Include your .oci.l
..curl ty n\llllber.
Tau have a right to be ..pr...nt.d by an .ttorn.y In conn.ctlon with your .ppe.l. If you
cannot .fford an .ttorney you ..y be .llglbl. tor Leg.l Service. I.pr...nt.tlon. Tou can
conuct a Le,.l S.rvlc.. repr...nUth. thrOUfl\ the foil ow 1119 toll h.. nUllber
1..00.1J2.J545. .1.... be .wer. that .c:hadUllnt an appe.l he.rlnt doe. not n.c....rily .t.y
tor.clo.ur. proea.dint',
DtSCLOSURJI 0' OSlO' 11l.oaJIIlTtCllf OITAlJGD PIOI WTSIDI SClOIIa:
1. DI.clo.ur. Inapplicabl..
Th. '.der.l aqual Cr.dit Opportunity Act prohibit. cledl'o.. froa dl.crlalnatlng .,.in.t
CI.dlt .pplicant. Oft the ba.,. of r.ce. color. r.ll,lon. national orl,ln. ..., ..rlt.l
.t.tua, .t. tprOYided that the applicant ba. the capaCity to .nt.r Into a bindlnt contr.ctl.
bec.u.. .11 or pan of the applicant'. l~ ..U.... tn_ aft)' pubUc ...ilt.ance p"09r.. or
bec.u.. th. applicant ba. In 9lIO'I hith ...rd.ed aft)' rl",t ....r the c-..-r Credit ',orec'
ticn Act. The radar.l AfIncy th.t .d.lnl.t.r. ~ll~. with thl. 1.. concerning thi.
creditor ,. the ,.dar.l TIede C~ia'lon. I~l Cr.4it Opportunity. W..hi"9ton. 0 C.
".. h_..,'.....1I -"'1\9 'Inance Agen("f
...,.......,1'.... _'-/'."'" ....,..." (~
"1""0
Fulton Bank
People dedicated to your success..
PO BOX 4887 . L-\NC~STER. P~ 17604
(717) 291-2685
March 6, 1996
Joseph M. Robitaille
Karen Marie Robitaille
127 East Cumberland Road
Enola, PA 17025-2510
RE: Mortgage Loan - Account #719-0502542
TO: JOSEPH M. ROBITAILLE AND KAREN MARIE ROBITAILLE
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
The MORTGAGE held by Fulton Bank. (hereinafter we, us or ours) on
your property located at 127 East Cumberland Road, Enola,
Pennsylvania. IS IN SERIOUS DEFAULT because YOU have not made Six
(6) monthly oavments of orincioal and interest in the amount of
5258.87 each. due for the months of Seotember. Octob~r. NoYeT~er.
December 1995. January. and Februarv 1996: Six (6) monthly oavments
of escrow items in the amount of $47.38 each. due for the months of
Seotember. October. November. December 1995. Januarv. and Febr~arv
1996: and a oartial oavment in the sum of 5235.95 due for the mcnth
of Auaust 1995: which totals 52.073.45. Late charges have acc~~ed
to this date in the amount of 590.58. The total amount now
required to cure this default, or in other words, get caught up
with your payments. as of the date of this letter is 52.164.03.
You may cure this default within THIRTY (30\ DAYS. of the date of
this letter. bv Davina ta us the arove amount of 52.164.03. clus
the additional monthly oavment of 5306.25 due March 1. 1996. olus
a late charae of S12.95. if ~his oavmen~ is net made bv March 16.
1}ii. Such payment must be made either by cash, cashier's check.
certified check or money order and made at the Loan Reyiew
Department at Fulton Bank. 29 East King Street. Lancaster.
Pennsylvania.
If you do not cure the default within THIRif (30) DAYS. we inte~d
to exercise our riaht co a~celer5t~ th~ mcr~aaae 93~~ents. ThlS
..ans thAt wn..tever 18 oWlng on the oflglnal amount borrowed wlll
be considered due immediately and yeu may lose the chance to pay
atf th~ ~rlgin~: mcrt~~g~ 1~ ec~t~ly ln$ta:lm~n~s. t: full pa,~@nt
of th. .mcu~t of d~fJu:t l$ ~ct m~d~ w:th~~ ~~:R7Y ;3~ ~AYS. ~
als~ l:';~~1"tj t.',~ l~!Itr'~=~ '':'..r3t:~!'~e-,;':s t,~ S:'3r-: a. lil"'S~J.l.': ~.":;
fcrei:lc:I" \~tlr Nft.i].l''Jed C!~C~r":'l :f th.e ""-;Ctt::t3i::e 1.5 f;:r'!!;=L=s.e,j.
",-u" ."......"...."",j !"'I..."r,......,." ~l" ..... .."";~ t~. ..\00... ':::'~";''''1ifi .."., f'I."",- .....~.;; ..~...
..lttf:l"" '.}.f"'-'~""'~' .1.-.."',.""1'."""".... .0;;; .'''''..'''' ~ ~.h'r:: _~;."._",...... !.o.__ ,.-,tflp <v... ...~..
~-rt..~~~;;:::".~, :~ we r~~<!~ 1-':~~:' ,::':j;'\~ t) -,::'.r ~~,':;::r:,;~ys" tl~": Y':'>'~
Fulton Bank
People dedicated to your success.'
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
March 6, 1996
Page 2
cure the default before they begin legal proceedings against you,
you will still have to pay the reasonable attorney's fees,
actually incurred, up to $50.00, However, if legal proceedings are
started against you, you will have to pay the reasonable attorney's
fees even if they are over $50.00, Any attorney's fees will be
added to whatever you owe us, which may also include our reasonable
costs, If vou cure the default within the thirty dav ceriod. vou
will not be reauired to cav attorney's fees.
We may also sue you personally for the unpaid principal balance and
all other sums due under the mortgage. Such suit against you
cersonallv may also result in your mortgage being foreclosed and
your mortgaged property being sold at Sheriff's sale.
If we start the lawsuit to foreclose your mortgage, or if we sue
you personally for the unpaid balance and all other sums due under
the mortgage which may also result in foreclosure and sale of your
mortgaged property, you have the right to assert in either of those
lawsuits the nonexistence of a default or any other defense you may
have to acceleration and foreclosure.
If you have not cured the default within the thirty day period and
foreclosure proceedings have begun, you still have the riaht to
eure the default and crevent the sale at any time un to one hour
b@fore the Sheriff's foreclosure sale. You may do 90 bv Davina the
total amount of the uncaid monthly oavments clus any lat~ or other
charaes then due. as well as the r@asonable attorney's fees and
costs connected with the for~closur~ sale and cerform any other
reauirements under the mortaaae. It is estimated that the earliest
date that such a Sheriff's sale could be held would be
approximately Seotember ". 1996. A notice of the date of the
Sheriff's 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 number: Area Code
711/291-2685. This payment mun be in cash. cashiers check.
certified check: or money order and made payable to us at the
address stated above.
You should realize that a Sheriff's sale wlll end your ownership of
the mortgaged property and your riqht to remain in it. If you
continue to live in the prep.rey After the Sheriff'. ul., a
lawsuit could be started to evict you.
You have additional rights to help protect your inter.sts in the
property. Y\,,~ KAVl: THE RIOif:' TO SKU. THE PROPEltTY TO Ca..\Hl MONEY
TO PAY OFF THE MCR~OE CEa~. CR TC aCRRCW MONEY FRCM
,
GOAT VALLEY SAVDl'GS BANX,
Successor iD Interest to
Central Pennsylvania SaviDgs
Assooiation,
1'1aiDtUf
v.
JOSBPH KICHIIKt. ROBITAILLE AND
~ARIH KARI8 ROBITAILL8, bis
wife,
Defendants
I Dl' TH8 COUJlT or CoaacON PLEAS
I CtlMBBItLAND COtlNTY, l'BNNSYLVANIA
I
I
I
I
I NO. '6-5025 CIVIL TBRK
I
I
I
I
I CIVIL ACTION - LAW
APPIDAVIT PtJRStJAH'l' TO RtJLJl 3129
COfM)NWBALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
: 88
Great Valley Savings Bank, Plaintiff in the above action, sets
forth as of the date of the Praecipe for the Writ of Execution was
filed the following information concerning the improved parcel of
real estate located at 127 CUmberland Road, Enola, East Pennsboro
Township, CUmberland County, Pennsylvania.
1. The real estate as above identified to be sold at
Sheriff's Sale is described in Exhibit "A' attached hereto.
2. The n.uleS of the owners or reputed owners are Joseph
Michael Robitaille and ~ren Marie Robitaille, whose last known
address is 127 Cumberland Road. Knola, Bast Pennsbora Town.hip,
CUmberland County, Pennsylvania 17025.
). The said O!oII1ers Joseph Michael Robitaille and ~ren Marie
Robitaille ara al.o the named Defendant. in this judgment.
r
GREAT VALLBY SAVINGS BANlt, I Dl' THE COUJlT OP COIGCON PLEAS
I CUMBBRLAND COtlNTY, PBHNSYLVANIA
Plaintiff I
I
v. I NO. 96-5025 CIVIL TERM
I
JOSBPH 1IIC1Jll.I(T. ROBITAILLE and I CIVIL ACTION - LAW
DRBN MARIB ROBITAILLE, hie wife,
Defendants I 1l0RTGAOB PORBCLOSUJlB
KOTICR OP SHRJlYlI'P'S SAr.R OP IIRAT. RSTATB
PURSUANT TO PA, R.C.P. 3129.1
To: Joseph Michael Robitaille. and
Karen Marie Robitaille
127 cumberland Road
Bnola, PA 17025
PLEASB BB ADVISED that the sale of the parcel of real estate
with the iq:lrovements erected thereon known as 127 Cl1lllhPrhnd Road
Inola. East Pennsboro Township. Cl,mb@rland County. Pennsylvania,
which improved parcel of real estate was conveyed to Defendants
Joseph Michael Robitaille and Karen Marie Robitaille, by Deed dated
August 2, 1982 and recorded on August 12, 1982 in the Office of the
Rec~rder of Deeds of Cumberland County in Deed Book W,Volume 29,
rage 245, will be held on June 4. 1997. under the auspices of the
Sheri f f of f't''''....rl and County. Cl,nm..rland County Courthouse. One
Courthouse S~are. Carlisle. Pennsylvania. at 10:00 o'clock a.m.
A complete copy of the legal description of said improved real
estate is attached hereto as Exhibit "A".
The aforesaid sale is being held on the judgment of Great
Valley Savings Bank V. Joseph Michael Robitaille and Karen Marie
Robitaille, indexed to No. 96-5025 in the Court of Common Pleas of
CUmberland County, said judgment being in the principal amount of
$20.873.28, plus interest and costs of 8uit, together with a per
diem of $2.55 per day after March 5, 1997.
The afore8aid tract of land, with improvement8 erected
thereon. is owned or reputedly owned by the said Joseph Michael
Robitaille and Karen Marie Robitaille.
Claims against the property MUst be filed with the Office of
the Sheriff before the aboYe nle liate. Claims to procuds I'IIUst be
~1e with the Office of the Sh.riff before distribution.
Notice is further given to all parties in interest of said
claim that a schedule of proposed distribution will be filed by the
Sheriff of Cumberland County on or about July 3, 1997.
Distribution will be made in accordance with the said schedule
unless exceptions are filed thereto within ten (101 days
thereafter.
Attached hereto is a copy of the Writ of Execution. It has
been issued because there is a judgment against Defendants, Joseph
Michael Robitaille and Karen Marie Robitaille. It will cause the
property above identified to be held or taken to pay the judgment.
Defendants, Joseph Michael Robitaille and Karen Marie Robitaille,
may have legal rights to prevent the 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 TAlE THIS NOTICE AND THB WRIT OF BXECUTION TO YOUR
LAWYBR AT ONCB. IF YOU DO NOT HAVB A LAWYBR OR CANNOT AFFORD ONE
GO TO OR TELEF-HONE THB OFFICB SBT FORTH BBLOW TO FIND OUT WHRRB YOU
CAN GET LEGAL ADVICE.
CUMBBRLAND COUNTY LAWYER RBFERRAL SERVICE
COURT ADMINISTRATOR
CUMBBRLAND COUNTY COURTHOUSB
CARLISLE, PA 17013
(717) 2.0-6200
You may have legal rights to prevent the Sheriff's Sale and
the loss of your property. In order to exerciee those rights
prompt action on your part is necessary. A lawyer may be able to
help you.
You MaY have the right to prevent or delay th~ Sheriff's Sale
by filing, before the sale occurs, a petition to open or strU.e the
judgment or a petition to stay the execution.
If the judgment was entered because you did n~t file with the
Court any defense or objection you might have within twenty (20)
days after service of the Complaint for Mortgage Foreclosure and
Notice to Defend, you may have the right to have the judgment
opened if you promptly file a petition with the Court alleging a
valid defense and a reasonable excuse for failing to file the
defense nn tillle. If the jud9'lllent is opened, the Sheriff 8 Sale
would ordinarily be delayed pending a trial of the i.sue of whether
the Plaintiff has a valid claim to forecloee the mort9&ge.
You may a180 have the right to h.ave the judgment nrlclten if
the Sheriff has not _de a valid rt'tum of service of the Callplaint