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EVELYN T. HEPHNER,
Plaintiff
:
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
,
v.
: ACTION OF MORTGAGE FORECLOSURE
,
,
KENNETH L. HAMMAKER
LINDA D. HAMMAKER,
Defendants
: NO.
,
.
:
and
.
.
.
.
ROBERT C. EGLEY
AUDREY B. EGLEY,
Defendants and
Terre Tenants
.
.
.
.
.
.
.
,
PETITION FOR SPECIAL ORDER OF
COURT DIRECTING SERVICE OF
COIIPLAINT tlNDER Pa. R.C.P. 430
To the Honorable, the judges of the said court:
The petition of Evelyn T, Hephner, plaintiff, by Murrel R.
Walters, III, Esquire, her attorney, respectfully represents:
1.) Defendants Kenneth L, Hammaker and Linda D. Ha..aker,
husband and wife, owned premises at 5226 Meadowbrook Drive,
Mechanicsburg, (Hampden Township) which they conveyed to Robert
C, Egley and Audrey E. Egley, husband and wife, on August 4,
1988,
2.) The said Hammakers granted a mortgage to Lawrence M,
Hephner and Evelyn T, Hephner, husband and wife, which vas not
paid when the land was conveyed to Egley, and is in def.ult.
3.) Lawrence M, Hephner died May 1, 1995, and your
petitioner, Evelyn T, Hephner is the sole aortgagee,
4,) Petitioner commenced this action of mortgage
foreclosure against H....ker, the defendants, .nd Egley,
defendants and terr. tenants, and obtained personal service on
Eg 1 ey, Deceaber 17, 1996 ,
- 1 -
2. By letter dated October 2. 1995. a 1099 was mailed to the Hammakers
via first.class mail utilizing the postal service. A copy of that letter and the 1099
are attacbed as Exhibit "D". That first-class letter was not returned.
3. By first.class mail and by certified mail. notices under the
Homeowner's Emergency Mortgage Assistance Act of 1993 (copy attached as
Exhibit "C"). as well as a Notice of Intention to Foreclose Mortgage (copy attached
as Exhibit "D"). were sent to the Hammakers. The first-class letter was never
returned. The certified mail letter was noted as having attempted delivery on
January 3. 1996 and January 8, 1996, but was returned to my office with a notation
that it was "unclaimed", A copy of the certified mail envelope is attached as Exhibit
"E".
4. After the filing of the complaint in the instant case. the Sheriff of
Fulton County. Georgia. in which Roswell is located. was requested to effect service
upon the Hammuers. That 5enice was not completed. with the Fulton County
Sherifi'indicating that the person who fl'tlPOllded at that address indicated that he
was the son of the defrndants. but he refused to reveal the whereabouts of his
parents, Copil"s ofthe Affida,its of Dilil[l"nt St>an:h are attached as Exhibit "F".
5, SubMquently, Jaml'tl M, Prahln. E..~uire. ,,'ho represents one of the
partiplII of this action, pnNid.d me> with allothl'f address in Roswfl.1. Grorgia for thl'
lIammalfors by If'tter d.lro No,'",mbt'f :17, 1996. A COP)' of lhatlt'ttl"r is attacht"d as
E:dlibit "0"
IMPORTANT NOTICE TO 1I0MEOWNERS
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983
PLEASE READ TillS NOTICE, YOU MAY BE ELIGIBLE FOR
FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS
RE:
Evelyn T, Heffner
Kenneth L, Hammaker
Linda D, Hammaker
- Robert C, Egley
Audrey E, Egley
5226 Meadowbrook Drive
Mechanicsburg, PA
Your mortgage is in serious default because you have failed
to pay promptly installments of principal and interest, as
required, for a period of at least sixty (60) days, The total
amount of the delinquency is $89,666.67, That sum includes the
following: Principal amount $50,000,00, interest of $39,666,67
to December 19, 1995
Mortgagee
Mortgagors
Terre Tenants
premises
You may be eligible for financial assistance that will
prevent foreclosure on your mortgage if you comply with the
provisions of the Homeowner's Emergency Mortgage Assistance Act
of 1983 (the "Act"), You may be eligible for emergency temporary
assistance if your default has been caused by circumstances
beyond your control, and if you meet the eligibility requirements
of the Act as determined by the Pennsylvania Housing Finance
Agency, Please read all of the Notice, It contains an
explanation of your rights.
Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date
of this Notice, During that time you sust arrange and attend a
"face-to-face" meeting with a representative of this lender, or
with a designated consumer credit counseling agency, The purpose
of this meeting ie to attempt to work out a repayment plan, or to
otherwise settle your delinquency, This meeting Bust occur in
the next thirty (10) days,
If you attend a face-to-face seeting with this lender, or
with a consuser credit counseling agency identified in thie
notice, no further proceedings in mortgage foreclosure say take
place for thirty (30) days after the date of this meeting,
The nase, address, and telephone nusber of our
IXHI8IT
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representative is:
Murrel R, Walters, III, Esquire
54 East Main street
Mechanicsburg, PA 17055
The name and address of a designated consumer credit
counseling agency is:
Urban League of Metropolitan Harrisburg
28 North 2nd street
Harrisburg, PA 17101
It is only necessary to schedule one face-to-face meeting,
YoU should advise this lender immediately of your intentions.
If you have tried and are unable to resolve this problem at
or after your face-to-face meeting, you have the right to apply
for financial assistance from the Homeowner's Emergency Mortgage
Assistance Fund, In order to do this, you must fill out, sign
and file a completed Homeowner's Emergency Assistance Application
with one of the designated consumer credit counseling agencies
listed above, An application for assistance may only be obtained
from a consumer credit counseling agency, The consumer credit
counseling agency will assist you in filling out your application
and will submit your completed application to the Pennsylvania
!lousing Finance Agency, "Your application must be filed or
postmarked, within thirty (30) days of your face-to-face
meeting",
"It is extremely important that you file your application
promptly, If you do not do so, or if you do not follow the other
time periods set forth in this letter, foreclosure may proceed
against your home immediately and you will forfeit your
eligibility for assistance",
Available funds for emergency mortgage assistance are very
limited, They will be disbursed by the Agency under the
eligibility criteria established by the Act,
"It is extremely important that your application is accurate
and complete in every respect". The pennsylvania Housing Finance
Agency hae sixty (60) days to make a decision after it received
your application, During that additional time, no foreclosure
proceedings will be pursued against you if you have aet the ti..
require.ents s.t forth above. You will be notified directly by
that Agency of its decislon on your applicatlon,
The Pennsylvania Ilousinq Finance Agency is located at 2101
North Front Str.et, p, O. Box 8029, Harrisburg, PA 17105,
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KENNETH L, HAMMAKER :
LINDA D, HAMMAKER, ,
,
Mortgagors .
,
:
ROBERT C, EGLEY :
AUDREY E, EGLEY,
Terre Tenants :
,
,
TO ,
,
LAWRENCE M, HEFFNER :
EVELYN T, HEP'FNER, ,
.
Mortgagees :
Mortgage Dated November 19, 1985
Mortgage Amount $50,000,00
Interest Rate lot
Maturity DAte November 19, 1995
Recorded: Mortgage Book 796 Page 1040
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
The MORTGAGE held by Evelyn T. Heffner, widow of Lawrence H.
Heffner who died May 1, 1995, (hereinafter we, us or ours) on
your property located at 5226 Meadowbrook Drive, Hechanicsburg is
in serious default ~caus~ vou have not made the monthlv Davments
of $250,00 Der monto nQ~ gid vou Dav the DrinciDal sum when the
mortaaae matured. The total amount now required to cure this
default, as of the date of this letter is $39,666.67 interest and
$50,000,00 principal,
YoU mav cure this d~fault wit~~n THIRTY (301 DAYS of the date of
this 19tt~r. bv Davina to us tn! above amount of $89,666,67 Dlus
any addltl~~ai m~~thl; ~;~;nts and late charaes which mav fall
due durina the Deriod, Such payment must made either by cash,
cashier's check, certified check or money order, and made at the
office of Hurrel R, Walters, Ill, Esquite, 54 East Hain Street,
Mechanicsburg, attorney for mortgagee.
If you do not cure the default within THIRTY (30) DAYS, we intend
t2-lnstruct our attornevs to start a lawsuit to foreclose your
m~rt9:;9;;d ~r~~;rtv. iIi' ~he mOi~taaae is foreclosed. your
~t~g_g_~ ~tQ~!t~x wi__ ~ SQ_Q bV the Sheriff tp pav off the
mortaaaed debt. If we refer your case to our attorneys, but you
cure the default before they begin legal proceedIngs against you,
you will still 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 UB, whIch may also Include our reasonable coets.
It you cure the~f.ult ~hin the thirty day Deriod, yOU viII
not be reaulr~2-RA~_~ttQxntY's fee~L
We may also Bue you personally for the unpaid principal balance
and all other su.. due under the mort9age. If you have not cured
the default within the tbJrty dJY perlod ,nd foreclosure
Pr.~etil1.ngLMYjLbtqlln...JoI.LhAY. the right tQ cure the dtU,1ll t
IXHI8IT
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and Drevent the sale at ianv: t~me UD to one hour before the
~n~[1ff's foreclosure sa e XQY mav do so by Davina the total
amount of th; ~~~;id mo~tihiy ?~vment Dlus any late or other
~bA[ge~ tn~D due. as wel_ as tne reasonable attorney's fees and
costs connect;d ~ith th; fore~losure sale (and Derform any other
~eauirements under the mortaaael. It is estimated that the
earliest date that such a Sheriff's sale could be held would be
approximately NINETY (90) DAYS from the date of this letter, 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 payments will be by calling us
at the following number 697-4650, This payment must 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
continue to live in the property after the Sheriff's sale, a
lawsuit could be started to evict you,
You have additional rights to help protect your interest in the
property, YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN
HONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM
ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, (YOU MAY HAVE
TilE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE
HORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS,
CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE
SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE
SATISFIED) , COHTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCE THIS
RIGIIT HIGHT EXIST, YOU !lAVE THE RIGHT TO HAVE TillS DEFAULT CURED
BY ANY TlllRO PARTY ACTING o~ YOUR BEHAL~,
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EVELYN T. HEFFNER,
plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
,
v.
: ACTION OF MORTGAGE FORECLOSURE
,
,
KENNETH L. HAMMAKER
LINDA D. HAMMAKER,
Defendants
: NO. 96-5046 CIVIL
:
.
,
and
,
,
:
ROBERT C. EGLEY
AUDREY B. EGLEY,
Defendants and
Terre Tenants
.
.
.
.
.
,
:
MOTION FOR SUMMARY JUDGMENT
Plaintiff moves for summary judgment pursuant to Pa, R,C,P.
1035, et seq, and alleges as follows:
1.) Defendants, Robert E, Egley and Audrey E, Egley, his
wife, have admitted they are owners of real estate in Hampden
Township, CUmberland county, known and numbered as 5226
Meadowbrook Drive, and that the property was conveyed to them by
Kenneth L, Hammaker and Linda D, Hammaker, his wife, by deed
dated April 4, 1988, and recorded in Deed Book B, Vol, 33 at Page
617,
2.) Defendants Kenneth L, Haaaaker and Linda D. Hammaker,
hi_ wife, granted a ~rtgage to plaintiff in the amount of
$50,000.00, dated Nove.ber 19, 1995, is recorded in Mortgage Book
796 .t Page 1040, It describes the land conv.yed to defendants,
Robert C, Egley and Audr.y E, Egley, and was a valid lien on the
real ..tat. on April 4, 1918, the d.te of the conv.yance,
3.) Def.ndants Kenneth L. H....k.r and Linda D, H....k.r
did not ansver the coeplaint in this .ction and on August 20,
1997, judqaent by default v.. entered .9ainst th.m and in favor
- 1 -
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EVELYN T. HEFFNER, .
,
Plaintiff ,
,
,
,
VB,
XENNETH L. HAMMAXER ,
,
LINDA D, HAMMAXER, ,
.
Defendants .
.
and :
,
,
ROBERT C, EGLEY ,
,
AUDREY E, EGLEY , .
,
Defendants and :
Terre Tenants :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ACTION OF MORTGAGE FORECLOSURE
NO, 96-5046
PJlABCIPB
TO THE PROTHONOTARY, LAWRENCE E. WELKER:
Please enter default judgment against defendants Kenneth L.
Haaaker and Linda D. Haaaker in the amount of $97,422,27 plus
interest froll August 3, 1996 together with costs of this action,
Publication was authorized by an Order of Court by the Honorable
Georqe E, Hoffer dated July 3, 1997, Publication occurred in the
Sentinel on July 10, 1997 and the CWlberland Law Journal on July
18, 1997.
A 10-day notice was ..Ued AUgust 8, 1997,
The
defendants are in default,
.. th.y i?'~~:'f!j' 7~
Y}1 ( f;/ti/
Murrel R, Walters, III, Esquire
Attorney for Plaintiff
54 last Main Street
Mechanical:lurq, PA 17055
(117) 697-4650
I.D, No. 24159
Dated I August 19, 1997
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-
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EVELYN T, HEFFNER,
Plaintiff
vs,
KENNETH L, HAHMA1<ER
LINDA 0, HAHMA1<ER,
Defendants
and
ROBERT C,
AUDREY E,
EGLEY
EGLEY,
Defendants and :
Terre Tenants
,
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ACTION OF MORTGAGE FORECLOSURE
:
,
,
,
,
NO, 96-5046
:
,
,
,
,
,
,
AJ'I'IDAVIT 01' SIaVICI
Thia affidavit is executed this 19th day of August, 1997 by
Murrel R, Walters, III, who avers as follows:
1. An Order of Court signed by the Honorable Georqe E,
Hoffer on July 3, 1997 provided for service of the cOlllplaint in
this action upon defendants I<eMeth L. Hallllllalter and Linda 0,
Hammaker by publication,
:I. Publication in the Carlisle Sentinel occurred on July
10, 1991 as evidenced by the original proof of publication provided
by that newspaper, which is attached hereto as Exhibit A,
3, Publication in the CUlllber1and Law Journal occurred on
July 18, 1997 as evidenced by the original proof of publication
provided by that journal,
sworn to and subscribed
befon .. this 19th day
of Auqust, 1997,
, ,
I .\ . - .
Notary Pubhc
'''-.
which is attach~ed hereto a: ~~b~~~.
/ I /
,fif ill/.' /
Murre1 R, Waltera, ~ hquire
Attorney for Plaintiff
54 last Main Street
MeclIan1 csburq, PI. 11055
(71') 697-4650
1.0, NO. 24849
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TABLE OF CONTENTS
WITNESS
FOR TERRE TENANTS DEFENDANTS
Evelyn T. Heffner
DIRECT
3
PRODUCED
EGLEY EXHIBIT NO. AND MARKED
1 - Settlement Statement 1
2 - Deed 6
3 - Deed 6
4 - Letter dated 3/2/88. Hammaker to Heffner 10
5 - Letter dated 3/9/88. Myers to Snelbaker 12
6 - Letter dated 3/21/88, Myers to Snelbaker 12
7 - Letter dated 3/22/88. Myers to Heffner 13
8 - Letter dated 4/12/88. Myers to Snelbaker 14
9 - List of checks 15
10 - Letter dated 3/9/88. Hammaker to Hefner 22
11 - Letter dated 4/5/88, Myers to Snelbaker 22
GEIGER &. LORIA REPORTING 5ERVICF. ' 1800 2n -4..7'1
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STIPULATION
It is hereby stipulated by and between counsel
for the respective parties that reading, signing, sealing,
certification and filing are waived; and that all objections
except as to the form of the question are reserved to the
time of trial.
EVELYN T. HEFFNER. called as a witness, being
sworn, testified as follows:
DIRECT EXAMINATION
BY MR. STEWART:
Q
Good afternoon. Mrs. Heffner. my name is
Richard W. Stewart. I'm the attorney for the defendants,
Robert C. Egley and Audrey E. Egley, in the action that you
have brought in the Court of Common Pleas of CUmberland
County to Number 96-5046.
I'm going to be asking you some questions
today. If you don't understand my questions. please ask me
to rephrase them and if you need any additional time to
consider your answers, let me know that also.
The first question we have for you should not
be too hard. What is your name and address, please.
A Evelyn T, Heffner. 27 Country Club Place West,
GUGER lo LORIA RH'ORTING SERVICE
1 ROG. 22~. olt;'1i
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Camp Hill, Pennsylvania.
Q You're the plaintiff named in the action today
that I just mentioned, is that correct?
Correct.
I hate to ask this of a lady. What is your
A
Q
age?
A
Q
A
Q
A
Q
A
Q
Seventy-six.
Your husband was Lawrence M. Heffner?
Yes.
He is deceased?
Yes.
When did he pass away?
May 1st. 1995.
Did you and Mr. Heffner own property located
at 10 East Front Street in the Shiremanstown Borough,
Cumberland County, Pennsylvania?
A The property was in his name only until we
sold it. Mr. Snelbaker said it had to be both names on the
property.
Q What sort of property was that?
A It was an apartment house.
Q Did you and your husband sell that property to
Kenneth Hammaker?
A Yes. we did.
\Settlement Statement marked as Egley Exhibit
,a:lGEF ,., L,'rnA HT\'RT1N; q'!<V/!'E
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Number 1.)
BY MR. STEWART:
o
I'm going to show you what we have identified
as Egley Exhibit Number 1 and give you a minute to look at
that and tell us what that is.
(Pause. )
A
Well, I think this is the sales agreement for
that property.
BY MR. STEWART:
o
That would be the settlement sheet for that
property that you got at the settlement?
A
Yes.
o
And the total sales price for that as
indicated on the sheet was 129 thousand dollars. is that
correct?
A
Correct.
o
Directing your attention to line number 508.
that shows a second mortgage of 40 thousand dollars and then
going down to the bottom, underneath line 603, that shows
what's called an additional second mortgage of 10,000
dollars. is that correct?
A
Yes, there was 50,000 total.
o
Can you recall if there was any particular
reason for breaking that down into two pieces or just come
up short with so~ other elltla money?
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A
I do not remember. I didn't even remember
that it was broken into two pieces.
(Deed marked as Egley Exhibit Number 2; Deed
marked as Egley Exhibit Number 3.)
(Pause. )
BY MR. STEWART:
o
I'm going to ask you to take a look at what we
have identified as Egley Exhibit Number 2 and ask if you
could tell us what that is.
A
It would be the document of the second
mortgage, 50.000 dollars.
o
That would be the note or the bond for that
second mortgage?
A
Okay.
o
Correct?
A
Yes.
MR. STEWART: Then we will ask if you could
identify Exhibit number 3. please.
(Pause. )
A
I guess this is the mortgage itself,
BY MR. STEWART:
o
Right, and that's what you have recorded in
the courthouse?
A
Yes.
Q
That mortgage was placed against what
GEtGER &: LCRIl\ RfP;"',RTINq ~FP\nCF
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property?
A
time.
Mr. Hammaker's personal residence at that
That was located at 5226 Meadowbrook Drive, I
Q
believe?
A Correct.
Q Can you recall the reason that you two took
back a mortgage against his house as opposed to putting a
mortgage against the property that was sold?
A Mr. Hammaker didn't have enough equity in that
property for the 50,000,
Q And you felt that he did have sufficient
equity in the house and were willing to do the deal on that
basis?
A Yes.
Q I note that the note itself. which is Exhibit
Number 2, that calls for the principal balance to be paid
ten years ;rom the date of the document, is that correct?
A Correct.
Q And the date of the document was November 19.
1985?
A
Q
A
o
Right.
And it also calls for interest at 1Q percent?
Correct,
And monthly payments of $250 per month towards
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the interest?
A
Yes.
Q
And I'm looking at that and doing some
calculation, the $250 per month was not sufficient to cover
even the interest on the obligation and you certainly
understood that at the time you entered into this agreement?
A
Yes.
Q
Was there any specific reason you entered into
this sort of what we might call unusual arrangement?
A
Mr. Heffner was not very well at the time, he
was mentally impaired, but it was not documented by any
medical facility. He did not want any advice from other
people, especially from me, as to what to do. And at that
time I knew we just had to get this off our hands, this
property, and this seemed to be a deal that satisfied him.
And so I went along with it.
Q
Your husband at that time was not in good
health and this property was a burden on him?
A
It was a terrific burden at that time.
Q
Something that constantly needed attending to
in collecting rents?
A
Oh, yes, and the upkeep on the property was
something that took weekly. if not daily attention.
Q
Did MI. Hammaker approach you and your husband
about releasing the mottgage ftom his home sometime in 19887
,;ElGER 10 ~,()Ill'" IlH'.':l'TW; ;;l'''v~cr:
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A Yes. I do not remember the date exactly, but 1
either came home from work or came in from outside and my
husband was on the telephone in the basement. And I could
hear he was very agitated, very loud and using some swear
words and so on. And so I what's going on in here.
And it was Mr. Hammaker on the phone
pressuring him to sign a release and if he would just sign
this release of the mortgage, he would continue making the
payments, everything else would be the same except we would
have no document to say so.
So at that point I picked up another extension
of the phone, as I recall, and I had to put an end to all
this. And then I went to Mr. Myers.
Q What happened after you went to MI. Myers?
A I think you have copies of the cOrI'espondence
there between Mr. Myers and Mr. Snelbaker. And evenUlall y
the checks started to come again, And I think they went on
for -. I don't recall how long " I think it was in August
of 1991 or 1992 that the last one came but they we had
some bounced checks. Eventually they would be replaced by d
good check. Sometimes the checks were way late in cominq,
And then we started readin'] in tll.. '....wspap.'IH
about all the prOblems that Mr, Hammaker 111M' h.~\Tinq ,md
eventually everything Just !nnd of s!q'p..d, !lUI l,y 11M!
time my husband had I\lzh<,il!\l"l' $, piuS! he h,~d f IV., m.llnr
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things wrong with him.
And it really was -- it took all of our doing
just to keep an even keel at the house without pursuing
this. And it just upset him tremendously to even mention
Hammaker or this whole subject. So it was just kind of held
in abeyance until my husband's death. And that's when I
contacted Mr. Walters.
Q He would get agitated at the mere mention of
Hammaker?
A Just say the name.
Q If you would ask, would a check come or tell
him a check wouldn't come, that would be something that
would just really get him upset?
A Really set him off, yes.
Q It was certainly not something that you wanted
to do because you were more concerned about his health?
A Like I said. it just took all my being, all my
doing, to keep things going at the time and I have to forget
about this momentarily.
(Letter dated 3/2/88. Hammaker to Heffner,
marked as Egley Exhibit Number 4.)
MR. STEWART: I will show you what we have
identified as Exhibit Number 4 and ask if you can identify
that,
(Pause.}
GEIGER!. LORIA REPORTING SERVICE
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A
Yes.
BY MR. STEWART:
Q
Can you tell us what that is, please.
It confirms what I just told you about him
A
being on the phone and pressuring him to sign this release
and that he promised he would just go on making the payments
the same. And I said no way.
Q
So he sent this letter, along with a release
form, and purporting to say he had an agreement. And that's
when you went to see Mr. Myers?
A
Mr. Myers, yes.
Did you and your husband have any agreement to
Q
release this property with him for 500 dollars, as he
states?
A
No, no, this was never signed.
Q
At that time. did he tell you that he had his
house sold?
A
No, I didn't know that, never knew that until
we got to Mr. Walters.
Q
Did he give you any reason for why he wanted
to have his house released at that time?
A
As I recall. he didn't give us any reason.
But I suppose he wanted to sell it and this second mortgage
was against it.
(Letter dated ]/'f/lHl, Myen; to Snelbakel,
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marked as Egley Exhibit Number 5.)
BY MR. STEWART:
Q
I'm going to ask you if you can identify
Exhibit Number 5 for us?
A
Well, this is the letter then that Mr. Myers
wrote to Mr. Snelbaker after I consulted him.
Q
That's dated March 9, 1988. And basically, in
other words. Mr. Myers was acting at your direction to tell
Mr. Hammaker, through his attorney, Mr. Snelbaker, that you
did not want to release the mortgage on the terms that Mr.
Hammaker had given you and Mr. Heffner?
A
Correct.
(Letter dated 3/21/88, Myers to Snelbaker,
marked as Egley Exhibit Number 6.)
BY MR. STEWART:
Q
Last. if you could take a look at what we have
identified as Exhibit Number 6 and ask if you can tell us
what that is?
A
Well, Mr. Myers said that we would not agree
to changing this mortgage over to another property on West
Simpson Street.
Q
So Mr. Hammaker came up with another proposal
to put a second mortgage on West Simpson Street and release
his house?
A
Yes. And HI'. Myers said it was not ....orth that
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much.
Q
So that's another proposal that you basically
turned down and Mr. Myers here was just conveying your
thoughts and wishes to Mr. Snelbaker?
A
Yes.
(Letter dated 3/22/88. Myers to Heffner,
marked as Egley Exhibit Number 7.1
BY MR. STEWART:
Q
If we could ask you to take a look at Exhibit
Number 7 and ask if you can identify that.
A Yes, I saw this letter before, of course, we
got it. But nothing happened.
Q That was a letter from Mr. Myers to you dated
March 22, 1988 advising you that he told Attorney Snelbaker
that you wanted your mortgage paid. And then he is advising
you that Mr. Snelbaker said that would happen upon the
settlement of the Hammaker home?
A
Q
Correct.
Do you recall if Mr. Myers told you at that
time or did you have any knowledge that Mr. Hammaker was in
the process of selling his home?
A
I do not remember specifically any more
conversation about it other than upon the settlement. but
nothing ever happened.
o
You didn't get any money?
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We didn't get any money from it.
(Letter dated 4/12/88, Myers to Snelbaker,
marked as Egley Exhibit Number 8.l
A
MR. STEWART: I ask you if you can take a look
at Exhibit Number 8 and take a moment to read that, if you
would.
A
(Pause. )
Yes.
BY MR. STEWART:
Q
A
Could you tell us what that is, please.
Well, it just confirms the fact that Hammaker
had said that he would pay. but he did not. So far as there
was a check for this amount, which I said, oh, no, we are
not taking that because then that will be a release and no
good.
Q
So you had Mr. Myers send that, apparently you
got a check dated April 4th for 500 dollars from Mr.
Hammaker and you had Mr. Myers send that check back?
A
o
Correct.
When was the next time that you heard from Mr.
Hammaker with regard to this whole idea of his house and
what was happening with the house and the check?
A
o
I do net remember really hearing any more.
Did you ask Mr'. Myers at al i about whether Mr.
Hammaker had a settlemo!'nt on his hou8o!' ur anythin9?
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A
No. It seems to me that this is about the
last thing that I can recall. Mr. Myers became sick
somewhere along here and eventually died -- I don't know
just when he just did die -- but anyway he dropped out of
the picture. And, of course, things were getting worse at
our house, too.
Q
Did Mr. Hammaker start making payments again
on the mortgage?
A
I think the $250 payments kept coming. You
have the dates on that?
MR. WALTERS: Yes.
A
It seems to me it was August, I'm not sure of
the year now, but I thought it was maybe 1991.
(List of checks marked as Egley Exhibit Number
9. )
A
Around this time is when Mr. Hammaker was
making the newspaper pretty often with all the trouble he
was in and I just thought there wasn't much use in pursuing
this.
BY MR. STEWART:
o
I'm going to ask if you could identify what
Exhibit Number 9 is.
A
This would be the date. the amounts of the
checks and which banks they were drawn on.
Q
Is this a listing of the payments that Mr.
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Hammaker made on this since March of 1988?
A
o
It looks like it is.
Can you tell me how this document was
prepared?
A Well. from information that I gave to Mr.
Walters and it was bits and pieces of notes I had
kept -- check stubs or envelopes with dates and amounts on.
o How did you keep account of the payments that
were made on this mortgage?
A Well, as I said. maybe it was written on the
envelopes. the dates, the amounts, the bank.
o The envelopes that were sent?
A That the check came in.
o That the checks came in from Mr. Hammaker.
And you brought those here with you today?
A Yes.
MR. STEWART: Could I take a look at those for
just a second.
MR. WALTERS: Off the record.
(Discussion held off the record.)
BY MR. STEWART:
Q Mrs. Heffner. )~u have indicated that Exhibit
Number 9 was prepared by your attorney from materials that
you furnished to him. is that correct?
A Correct.
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Q
Were you the one in the household who received
or rather I guess opened the envelopes that the checks came
in from Mr. Hammaker?
A
I was from this point on where this started.
So from March of 1988 where that started
Q
that's when you --
A
Yes.
Q
-- began opening the checks and you provided
me with a bunch of envelopes which are the same envelopes
that you gave to Mr. Walters to prepare that exhibit?
A
Correct.
Q
And these envelopes have handwriting on it
that lists the dates of the checks, the amounts of the
checks. and the number of check and where they are from, is
that correct?
A
Correct,
Q
What you would do when an envelope containing
a check would come in, you would save the envelope and write
down that information on the outside of the envelope?
A
Correct.
Q
And you did that at the same time that you got
the envelopes in the mail?
A
Correct.
o
It appears, from looking at these statements.
that these checks started to come in on a fairly regular
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basis and they stopped in approximately September of 1991,
is that correct?
A That's correct, yes.
Q When they stopped coming, did you take any
action with regard to contacting Mr. Hammaker or did Mr.
Hammaker have any contact with you about why these payments
were not coming in?
A No, we did not.
Q Is there a reason that you didn't contact Mr.
Hammaker?
A Well, as I said, he was making the newspaper
pretty regularly then and he was taken to court and
eventually did time in federal prison for all these
financial matters and went into bankruptcy. As I said, my
husband. just say Hammaker and he went through the roof. So.
no.
Q The articles in the paper indicated that he
was in financial trouble?
A Yes.
Q And they indicated he had filed for
bankruptcy?
A Yes.
Q And also that he had been charged by the
federal authorities with some sort of crimes dealing with
finances. 1 take it?
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Q
Correct.
Did you ever get any notices or anything from
the United States Bankruptcy Court
A
Q
A
paper.
Q
No, we did not.
.. concerning your loan?
No, we did not. I only heard that from the
When you heard about the bankruptcy, did you
consult any attorney. did you take any action with regard to
that?
A
Q
No.
Were you worried about what was going to
happen to your 50,000 dollars at all that he owed you?
A
I thought it was gone and I'm sure my husband
thought it was gone and, well. he had gotten too sick by
then to be worrying about it, but I really didn't think so.
When my husband died and my children came
home, I got all this material together and made an
appointment with Mr. Walters and took everything to him.
And he said, yes. I think you do have a case.
Q When was the first time that you found out
that Mr. Hammaker had sold his home to the Egleys?
A Hr, Walters found that out.
0 That was when you consulted Me Walters?
/It. Yes.
GElGER l. U\lil^ IiFh'IiTlN; <;\"IiVl,'F:
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You did that right shortly after your husband
Q
died?
A May 1st or 2nd. something like that, of 1995.
Our children -- I have a son and a daughter -- and they
thought I should not give up on it. So when we were all
here, since they lived quite a distance, we got to the
attorney right away when they came home.
Q So you didn't talk with them about this until
after your husband passed away?
A No.
Q And Mr. Hammaker, after he stopped making
these payments, he never talked to you at all?
A No, I haven't seen him or talked to him at
all.
o Do you recall when the last time you and/or
your husband had any contact with Mr. Hammaker that was
personal contact?
A Well. I think that time he was on the phone
pressuring him to sign off. And then we did get that letter
that you have there. I think that's the last. I could not
see how he could have sold that property with this mortgage
outstanding.
o When he stepped making the payments and all
these things wen! in the paper, the U'''$On you didn't want
to take any act ion at t lut time was what '1
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A Well. it seemed like a lost cause. There
wasn't any hope of getting any money and it was very
upsetting to my husband to even bring the subject up.
Q The condition he was in, just talking about
the possibility of losing this money would have been very
upsetting to him?
A Yes.
Q From your standpoint it was best not to even
mention it because of his health problems, not to mention
the fact that you didn't get a check or anything else?
A Yes.
Q At that point in time would he have been --
was he following as to whether you got checks each month or
it's something that you just didn't discuss with him?
A We just didn't talk about it because it was so
aggravating and I guess we both thought it was a lost cause.
Q 00 you have any idea how the interest rate
came to be set on this mortgage?
A I really don't know who determined the 10
percent. but Mr. Smolizer was with Re/Max, he was the real
estate person representing us, Mr. Snelbaker was the
attorney. I don't know, I thought it was a good rate for
the ten years.
o And the checks that Mr. Halllll\akeI' sent to you.
do you recall whether he sent these from his home or his
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business address?
A
Well, there are envelopes that would show it.
I think it was mostly from K&L Properties, which was another
business of his where he was renting.
Q
In other words, he didn't use any home address
on those
A
No.
Q
-- he used a business address, that's where
you always got your checks from?
A
Yes.
Q
Was there anything that you received in the
mail from him that might have indicated that maybe he had
moved?
A
No, no. I was very surprised that he wasn't
living there yet after Hr. Walters found that out that he
sold it, how could it be sold,
Q
That came as a shock to you because you
figured there was no way he could sell it while your
mortgage was on there and he didn't pay you?
A
Yes.
MR. STEWART: I think those are all the
questions I have.
{Discussion held off the record.)
(Letter dated 3/9/89. Hammaker to Heffner.
marked as Egley Elthibit Number 10; Letter dated 4/">/88.
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Myers to Snelbaker marked as Egley Exhibit Number 11.)
BY MR. STEWART:
Q Mrs. Heffner I'm going to show you what we
have identified as Exhibit Number 10, That's a letter from
Mr. Hammaker dated March 9, 1988 to your husband indicating
he is sending a March payment and that he was going to send
you an additional check for five hundred dollars when he
received the release forms. And that's what that is, is that
correct?
A Yes.
Q He makes reference in here, he said, as agreed
for, and that I take it is reference to what he was trying
to get your husband to agree to but. of course, which you
indicated you did not agree to?
A The due date of March 19th was the month and
the date the check should have been received and it was
often later than that. And that would get my husband upset,
too, when the check was a we~k. two weeks late.
Q He was sending an early payment, trying to get
you to look kindly upon his offer of 500 dollars to release
the house?
A Yes, but he :iidn't get the release.
Q I f we <;'Guld i1s:lt you to take a look at Exhibit
Numl:.~l It and t h.lt . S. I Sit I1Qt. iI cop)' l.'t a let tel' dated
April 'i. 1"~9 from )'OUI itttorney. Mr. M;~I$. to HI.
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Snelbaker?
A Yes. correct.
o Indicating that you wanted to have the
mortgage paid off in full. And neither Mr. Myers nor anybody
else ever advised you that -- at least in 1988 -- that Mr.
Hammaker was going to have a settlement on his house?
A No.
o Since you didn't get an offer of a big sum of
money, then you just figured that the sale fell through or
that there was no sale.
A Correct.
o Would this contact here early in April, would
that have been the last contact you had with Mr. Myers?
A I believe so.
o So you made no further inquiries of him and he
didn't call you?
A No.
MR. STEWART: I think that's all I have got.
MR. WALTERS: I have nothing to add.
BY MR. STEWART:
o I'll put another question on the record. So
the only payments that you received were basically these
interest payments. you never received any of the principal
on thts obligation?
A No and thf"re was a lot of intf"rf"st that was
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being accrued, you know.
Q And so your claim is basically for interest
from the end of August of 1991 forward?
A Correct.
Q Plus the principal balance and the interest
that accrued but was not paid from March 1988 forward
through 1991 because the $250 a month payments that he made
were not sufficient to cover the entire interest balance?
A Correct, that $250 amounted to three thousand
dollars of interest a year, when it should have been five
thousand.
MR. STEWART: I think I understand that, no
further questions. Thank you very much.
(The deposition was concluded at 1:46 p.m.)
GErGE~ , LORIA REroRTrNG SERVICE
1-800 J22 4sn
.-.
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26
STATE OF PENNSYLVANIA
COUNTY OF DAUPHIN
ss
I, Virginia Loria, a Reporter Notary-Public,
authorized to administer oaths within and for the
Commonwealth of Pennsylvania and take depositions in the
trial of causes, do hereby certify that the foregoing is the
testimony of EVELYN T. HEFFNER.
I further certify that before the taking of
said deposition, the witness was duly sworn; that the
questions and answers were taken down stenographically by
the said reporter Virginia Loria, a Reporter Notary-Public,
approved and agreed to, and afterwards reduced to
typewriting under the direction of the said Reporter.
I further certify that the proceedings and
evidence contained fully and accurately in the notes by me
on the within deposition. and that this copy is a correct
transcript of the same.
In testimony whereof, I have hereunto
subscribed my hand this 19th day of February, 1998.
..
,
~\
'fJ.Lh~~~ (,."
Virgin' Loria. RPR
My commission expires:
May 17. 1999
GEIGER l. [,CRtA RI\I'G,RTlN'.; !;["VICE
1 ~CO ~2l"'5'7;
R&'Mf<<
realty associates
I, D FHA
a. D FNHA
3. C CONV, UNINa.
4, C VA
~ C CONV, INP,
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., Fill NUUD~ \
U.oAN NUU8ER:
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.. UORT. IllS. CASE No.:
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C 'laTE: TIoI,'o,ml,'u,nl.hld 10 01.. you. .1.I.m.nl o'.clu.I..III.m.nl co.I.. Amoun', paid 10 and by Ih. '"ll.minl.o.nl... .ho...n. . .,
. lI.m. m..kld "(p.o.o.I" ....,. paid OIII.ld.,Io. clo.IIIO: Ih.y... J/lOlljn "-t./OIln/oflnal!PIW I/I'r~..tI\lI,V~ IIG/,,*,u,,,,,.1n 1M 1G1al.",
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0. NAUE 9F IOllflOWER:
L lIAUE 0' "~~llI:
'dMl4J q1L'l!q.~!!;_ ..,.. .
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Kenneth lIallllllaker
Lawrence H, .. EvelynT,.
lIeft'ner " ,
York Federli BivinS; .. Loati'...
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U. J>noIlI:R1Y LOCATIOlI:
10 E, Front Street
Shiremanstown, PA
IL ImLEUENT AOEUT:
Richard Snellblker, Esq.
PLACE 0' ImLEuEIIT: ; ,... ,.',
Hechanlcsburs, PA ..
L ImUUINT DATI: :"
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J. SI/ULlARV OF BORROWER'S TRAUSACTlOII:
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ilirr.M;~Ci'I.i.. pllc.
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29 000.00
K. Sl/UUARY OF SELLER'
400. OROIS AUOUUT DUE TO IElLER
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11~U!IlI."",nl Of ciolino "" 10 Tr County Settletlent
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1'H1Jil'III1N" 171711,1I-I1DI
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Apdl 121 1988
,;
'j
lichard c. 8nelb.kar, Esquire
Sn,lbllker & Elicker
4~ Welt Haln 8treet
Mechanicabura, ,.. 17055
lRI Kenneth L. Ra_ker at ux/Levrenco H, Heffner .t we
5226 He.dovbrook Drive, IlaIIpden TOWllahip
bear Dickl
There .ppe.r. to be . .~-uP relatlve to the above .atter.
. .
It v..., under.tandina with you, .t .ttorne, for Hr. u..-akerl that the,UeffnerE
lIlOrtaeae would b, paId in full upon the ..ttlCMl\t of the Ia..-ker bellltll ,
However. delpite the flct that you .re reprelentina Hr. H'.....r in the ~tt.rl
h. ill c-..nicaUJla 00 h11 own with the Reffners, 1 believe this ill where the lIIix-up
11el,
1 endo.e herewith a copy of . letter of Karch 2. 1918. of Hr, na-altet \0, Hr,
lIeUnlr, tlr. Ia....br in th.t letter Itat'l that litera vaa an laUlllCtlt "y telephone
thAt the Uen of IIOrtal,e vould be raleend upon two pa,..ata of $250,00 tlch. Hr,
Heffnllr 'eni.. u..t there v.. aay luch lare...at. '
1 anelole herewith I copy af . letter of Karch 24, 1988. of Hr. u....tar:.tating,
.ISlnce w, viti be ftnaUdna our obllalHun to you Oft Aprll 4. 1988., · ," Ve lire
un"ure of .....t thU ..an., '
I encloll herewith check for .500.00 dltld Atldl 4. 1988. ,Iy.lrl. to LavfeDce
Refflllr with the IOt.tiOlh "II ptr l.tter", Apparent1,. Mr. 111I""....r i. atteilrtlns
to tie in thll check "ith an or.1 I,reea,"t whlch Nr, Heffner d..i.. ..ki~a. iNr. .ad
Mra, Heffner do "at villa to .,,..It thl. check .nd dill further cClftrue1an r..ardin,
thb utter. ....Ior.. 1 enclo.. h...."nh the check..... Would r......t that tClU
add,e ,cnIr cU...t to bl\l4l hie lIOftthl, p.JlUflt. chaclta I' he h.. Irl" .oial V~lhuut
luch not.Ho".. '
1 _ld lleO I"rac:tatl ,Gllr ..vb..... .. what Hr, ,-,ker iAteMl te do.
VlfJ tt_l, ,eur..
.,
,
;
a~lft L. Kyer. III
QQI8fT
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"
CHICKS
DATE DATE OF ACCOUNT
RECEIVED CHECK NAME JWiK CHECK I 1lfoI:W~
9/3/91 8/30/91 RiChard Snelbaker First Bank 4729 . $BJ.OO
Trust Account & Trust
7/17/91 7/16/91' K&L Properties II 07961 $:5),00
6/28/91 6/26/91 II II " 07836 ' $:5).00
5/18/91 5/8/91 II II II 07723 , $2!D.00
4/25/91 4/22/91 ' " II II 07631 $:5).00
3/14/91 II II II 07367 $2!D,oo
2/15/91 II II II 07197 $2!D.00
1/15/91 II II II 6942 $:5),00
12/18/90 12/17/90 II II II 6824 $2!D,oo
11/15/90 11/12/90 II II Lebanon' Valley 0002874 $2!D,oo
National Bank
10/17/90 10/10/90 II II II 0002632 $mOO
9/17/90 II II II 0002446 $moo
8/14/90 II II II 1976 $mOO
7/13/90 II II II 1816 $mOO
6/7/90 II II II 1589 ~,OO
5/15/90 II II First Bank 6692 $mOO
, Trust
4/13/90 II II II 6519 $moo
,
3/15/90 II II II 6325 $mOO
2/13/90 II II II 6199 $25).00
2/7/90 II II II 6139 $moo
1/12/90 II II II 5957 $mOO
12/11/89 II II II 5759 $ZD.m
11/'/19 II II II 5513 $ZIO.m
10/13/89 II II II 5330 $ZD.m
9/13/19 II II II 5131 $ZI).m
'/10/19 II II II 016 .$Zn.m
7/14/19 . II II 41:11 $ZD,m
6/16/19 II II . 4670 _00
5/13/" II .. .. 4513 $ZD,m
4/10/" II II II 4140 $Z!D.m
3/15/19 II II II UU $ZD,m
~/~O/19 II . II ).., _00
IXIIIIT
, )
~. i..
I
4.
DATB DATB OP ACCOUNT
RECEIVBD CHBCK NAME JWiK CHECK I NON!'
1/14/89 K'L Properties .
1/10/89 pirst Bank 3820 .$ZiJ.00
, Trust
12/15/88 12/12/88 .. .. .. 3722 $Z5l),Q)
. ,
11/15/88 11/14/88 .. .. " 3576 $2S),OO
10/18/88 10/11/88 .. .. .. 3462 $ZiJ,oo
9/16/88 9/12/88 .. .. .. 3324 $ZiJ,oo
.
8/17/88 8/4/88 .. .. .. 3181 $ZiJ,oo
7/19/88 7/14/88 .. .. .. 3055 $ZiJ,lX).
6/18/88 6/15/88 .. .. .. 2512 $ZiJ,oo -
5/13/88 5/6/88 .. .. .. 2368 $ZiJ,Q)
4/16/88 4/13/88 .. .. .. _ar
4/8/88 4/4/88 .. .. .. 2217 $!mOO
3/12/88 3/'188 .. .. Lebanon Valley '00 $ZO.oo
National Bank
I
,
tve1yn Heffner Fll.
....
...
96.5046 CIVIL TERM
in full by the Hammakers, Plaintiff was unable to effectuate service of the
complaint on the Hammakers and the court ultimately authorized service by
publication on July 3, 1997, The Hammakers never responded. A default
judgment was entered against the Hammakers August 20, 1997,
The Egleys responded to Plaintiffs complaint by filing an answer October 21,
1996, Plaintiff filed the motion of summary judgment. currently at Issue. September
9. 1997. The Egleys answered the motion March 10. 1998, and Plaintiff listed the
case for argument held April 15, 1998.
~
Motions for summary judgment are governed by PA, R. C. P. 1035.2 which
provides:
After the relevant pleadings are closed, but within such
time as not to unreasonably delay trial. any party may
move for summary judgment In whole or in part as a
matter of law
(1) whenever there is no genuine issue of any
material fact as to a necessary element of the cause of
action or defense which could be established by
additional discovery or expert report, or
(2) If, after the completion of discovery relevant to
the motion. including the production of expert reports. an
adverse party who wiD bear the burden of proof at trial
has failed to produce evidence of facts essential to the
cause of action or defense which in a jury trial would
require the Issues to be submitted to a jUfY,
Pa. R, C. P. 1035.2, In deddng a motion of Summ8IY judgment. the court wi!
2
'. ..~
96.5046 CIVIL TERM
.view the record in the light most favorable to the non moving party, and all doubts
as to the existence of a genuine issue of material fact must be resolved against the
moving party..
.544 Pa. 93, 98-99, 674 A.2d 1038,1041
(1996).
The law concerning mortgages is clear. An instrument under seal, such as
a mortgage, has a twenty year statute of limitations, 42 Pa. PA, C,S.A. Section
5529(a), A subsequent purchaser of property subject to a mortgage Is responsible
for the satisfaction of the mortgage. .smt Bank of Pennsvlvania v, GIN..Enterorises,
316 Pa. Super. 367. 463 A.2d 4 (1983),
When the property which is subject to the mortgage (had
been) transferred without payment of the mortgage, the
property in the hands of the transferee continues to be
security for the perfonnance of the obligation, and for any
default the mortgagee may seize and sell the property in
the hands of the transferee,
.8ank of.PeMsvlvania v, GlN.Enterorises. 316 Pa, Super, 367, 372, 463 A.2d 4,
6-7 (1983) (citations omitted).
In the case at bar. the existence of a mortgage on the home now owned by
the Egleys. payable to Plaintiff. is undisputed. Although the Egleys purchased the
property without discovering the mortgage. the law is clear that they are
responsible for its satisfaction. Plaintiff property filed this action within the
applicable twenty year statute of limitations, No genuine issues of material fact
remain in dispute. therefore Plaintiffs Motion for SI.If1'VnIty Judgment Is granted.
J
.t1
I~'
. ,
'f
.
PRAECIPE FOR [,ISTING CASE FOR ARGUMENT
(I1ust be typewritten ard subnitted in duplicate)
TO TilE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argunent Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption nust be stated in full)
(Plaintiff)
(") .r.J ~
, C:l
; . ..J
-
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.'
EVELYN T. HEFFNER,
vs.
KENNETH L, HAllMAKER AND
LINDA D. HAMMAKER.
(Defendants)
and
ROBERT C, EGLEY AND AUDREY E. EGLEY~
(OeIerdant)
an,i Terre
Tenants
re. 96-5046 Civil
19 96
1. State _tter to be argued (i.e., plA.intiff's IIDtian for ~ trial, deferdant's
demurrer to complaint. etc.):
motion for summary \ud~ment
2, Identify CCUllISel 1Ih:l will iIr9-Jl! case:
(a) for plaintiff:
Mdn!ss:
Murrel R. Walters, III, Es~.
54 East Main Street
MechanicsburR, 1'A 17055
(b) for deferdant:
Miresa:
for defendants,
Robert C. Er,lev
and Audrev E, ERlev
J. 1 wUl notify tl11 parties
been llattld fO(' ar<pmnt,
Richard W. Stewart, Es~,
301 Market Street
1'.0, Box 109
Lemovne, PA 17043-0109
in writing within no d.1ys that this cese hM
4 . Ar<J,InI!nt (blrt Date:
And 1
/'
n"'''1:
.\\ 1 lrt>'y T(;t-l'.I.~ll~tl{r-...'..--..-.
v.
IN THE COURT OF COMMON PLEAS OF
CUHBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
EVELYN T. IIEFFNBR,
plaintiff
KBNNB'l1I L, IIAMMAKBR and ACTION IN MORTGAGE FORECLOSURE
LINDA D. IIAMMAKBR, his wife,
Defendants : NO, q(p- 504-(p CIVIL TE.itf'l\.
,
,
v.
:
:
ROBERT c. EGLEY
AUDREY E. EGLEY,
Terre Tenants
Defendants
.
,
:
,
.
.
.
COMPLAINT
1.) Plaintiff Evelyn T. Heffner is an adult individual and
a resident of 27 country club Place West, Camp Hill, cumberland
county, Pennsylvania; she is the widow of Lawrence H, Heffner who
died Hay I, 1995.
2.) Defendants Kenneth L, Hammaker and Linda D. Hammaker,
his vife, are adult individuals vho reside at 3015 Baywood Way,
Roswell, Georgia,
J.) Defendants Robert C. Egley and Audrey E. Egley, hi_
vife, are adult individual_ who reside .t 5226 Meadowbrook Drive,
H.chanicsburq, lIaspd.n Township, CUmberland county, Pennsylvsni.,
4.) On NOllesber 19, 1985, defendants Kenn.th L, H....t.r
and Linda D. U....ker, his wife, executed and delivered a
sortgage in the asount of $50,000.00, payable to plaintiffs
Lawrence M. Heffner and Evelyn T. lIerrner. his wU.; said bond
and sortqaqa an attached as Exhibit A and the sortqaqe 1_
- 1 -
recorded in Mortgage Book 796 at Page 1040, cumberland county
records.
5.) The land subject to the mortgage is described as
follows:-
ALL that certain piece or parcel of land, situate in
Hampden Township, cumberland county, pennsylvania, more
particularlY bounded and described as follows:
BEGINNING at a point on the western line of Meadowbrook
Drive, which point is at the line between Lots 22 and
23 on the hereinafter mentioned Plan; thence continuing
along Meadowbrook Drive south 01 degree 50 minutes east
one hundred five (105) feet to the line between Lots 23
and 24; thence along said line south 88 degrees 10
minutes west one hundred forty (140) feet to lands now
or late of Good Hope, Inc.; thence along said line
north 01 d~gree 50 minutes west one hundred five (105)
feet to the line between Lots 22 and 23; thence along
said line north 88 degrees 10 minutes east one hundred
forty (140) feet to the place of Beginning,
BEING Lot No. 23, section C, Plan 6, Good Hope Farae,
which Plan is recorded in the Office of the Recorder of
Deeds of cumberland county in plan Book 22, Page 100.
IlAVlNG thereon erected a dwelling house known and
numbered 5226 Meadowbrook Drive,
6.) Defendants ~enneth L, Hammaker and Linda D, Hamaaker,
his wife, conveyed said mortgaged premises to Robert C. Egley and
Audrey E, Egley, his wUe, by deed dated Ant', 4, 198111nd recorded
in Deed Book G
, Vol.33 at Page 611 cumberland county record..
7.) The mortgage was for a term of 10 year. fr~ Movember
19, 1985, the interest rate was ten (10\) per cent per annum and
the mortgagors vere required to pay $250,00 each month on account
of interest with the unpaid interest accrued to the maturity date.
I.) Defendant is in default of the mortgage becaus.
a,) The mortqaqe matured and was due and payable
- 2 -
November 19, 1995, and defendant has not paid the
principal and interest due at that time.
b.) Defendant has failed and refused to make
interest payments as required by the mortgage; the last
payment was made september 3, 1991, and according to
its terms the unpaid principal and accrued interest
became due and payable 30 days thereafter.
9.) Defendants are liable to the plaintiff for the
following:
a,) Unpaid principal
b,) Unpaid interest to J August 1996
c,) Attorneys Collection Fee
Total
$50,000.00
42,783.11
4.639.16
$97,422.27
10.) plaintiff has given defendants notice of the intent to
foreclo.e a. required under Act 6, a copy i. attached a. Exhibit B.
11,) plaintiff has given defendant. notice of default a.
required by Act 91, a copy i. attached a. Exhibit C,
WHEREFORE, plaintiff depnds jud~nt of the defendant.
'n tho ooount 0' .".m.n t..othor 'r~?lr't?~
Murre! R, Malter., 111, 10 '24849
(lhy ~~~4~' Mechanicsburg, PA
. to.
n n, 10 '6:15
MAin and Market Streets
~chanicsburg. PA 170~~
(717) 766-3172
- ) -
EVELYN T. HEFFNER,
plaintiff :
:
v. .
,
:
KENNETH L. HAMMAKER and .
.
LINDIA D, HAMMAKER, his wife, .
.
Defendants :
,
,
v, :
ROBERT C, EGLEY ,
,
AUDREY E, EGLEY,
Terre Tenants
Defendants .
,
IN THE COURT OF COMMON PLEAS OF
CUMBERIAND COUNTY, PENNSYLVANIA
CIVIL ACTION - IAW
ACTION IN MORTGAGE FORECLOSURE
NO.
CIVIL
VDII'ICA'l'IOM
I verify that the statements made in the foregoing document
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S, S 4904, relating
to unsworn falsification to authorities.
Date
'l'/~r l.
-, .
_C""CL4h r71./L '"',
EVELYN T.JHEf'f'MER ( {
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r
ita ;00 001013
, .
,
ROBERT C. EGLEY
AUDREY E. EGLEY,
Terre Tenants
Mortgage Dated November 19, 1985
Mortgage Amount $50,000.00
: Interest Rate 10'
: Maturity DAte November 19, 1995
: Recorded: Mortgage Book 796 page 1040
KENNETH L. HAMMAKER
LINDA D. HAMMAKER,
Mortgagors
.
.
TO
:
LAWRENCE M. HEFFNER
EVELYN T. HEFFNER,
Mortgagees
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
The MORTGAGE held by Evelyn T. Heffner, widow of Lawrence M.
Heffner who died May 1, 1995, (hereinafter we, us or ours) on
your property located at 5226 Meadowbrook Drive, Mechanicsburg is
in serious default because you have not made the month Iv Davments
of $250.00 Der month nor did YOU Day the DrinciDal sum when the
mortaaae matured. The total amount now required to cure this
default, as of the date of this letter is $39,666.67 interest and
$50,000.00 principal.
~ou mav cure this default within THIRTY (30\ DAYS of the date of
~his letter, bv Dayina to us the above amount of $89.666,67 Dlus
a~Y additional monthlY Dayments and late charaes which may fall
due durina the Deriod. Such payment must made either by cash,
cashier's check, certified check or money order, and made at the
office of Murrel R. Walters, III, Esquire, 54 East Main Street,
Mechanicsburg, attorney for mortgagee,
If you do not cure the default within THIRTY (30) DAYS, we intend
to instruct our attorneys to start a lawsuit to foreclose your
mortaaaed Drooerty, If the mortaaae is foreclosed, your
;~rtqaaed Drooerty will be sold bv the Sheriff to pay off the
mort9aaed debt, If we refer your case to our attorney., but you
cure the default before they begin legal proceedings against you,
you will still have to pay the reasonable attorney's fee., 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 YOU cure the default within the thirty day Deriod. you will
n2t....,b:t.~\lin(Lt_~tQrney' L1ttL
We may al.o sue you personally for the unpaid principal balance
and all other su.. due under the mortgage. If you have not cured
the default within the thirty day oeriod and foreclol~
PJ:~.tl1irl9. hULbtgyn.._Y9\L.hL'i~.-thL..tighLtJL<:ure the de(ault
Exhibit "1\"
and Drevent the sale at any time UD to one hour before the
Sheriff's foreclosure sale. You may do so bv Davina the total
amount of the unDaid month Iv Davment Dlus any late or other
charaes then due. as well as the reasonable attorney's fees and
costs connected with the foreclosure sale (and Derform any other
reauirements under the mortaaael. It is estimated that the
earliest date that such a Sheriff's sale could be held would be
approximately NINETY (90) DAYS from the date of this letter. 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 payments will be by calling us
at the following number 697-4650. This payment must 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
continue to live in the property after the Sheriff's sale, a
lawsuit could be started to evict you.
You have additional rights to help protect your interest in the
property. YOU I~VE THE RIGHT TO SELL THE PROPERTY TO OBTAIN
MONEY TO PAY OFr THE MORTGAGE 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 DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS,
CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE
SALE; AND THAT TilE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE
SATISFIED) , CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCE THIS
RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO IIAVE THIS DEFAULT CURED
BY ANY TllIRD PARTY ACTING ON YOUR BEHALF,
sinci:4tt ( 1/(
~
IMPORTANT NOTICE TO HOMEOWNERS
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983
PLEASE READ THIS NOTICE. YOU HAY BE ELIGIBLE FOR
FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS
RE:
Evelyn T. Heffner
Kenneth L. Hammaker
Linda D. Hammaker
- Robert C. Egley
Audrey E. Egley
5226 Meadowbrook Drive
Mechanicsburg, PA
Your mortgage is in serious default because you have failed
to pay promptly installments of principal and interest, as
required, for a period of at least sixty (60) days. The total
amount of the delinquency is $89,666,67, That sum includes the
following: Principal amount $50,000.00, interest of $39,666,67
to December 19, 1995
Mortgagee
Mortgagors
Terre Tenants
Premises
You may be eligible for financial assistance that will
prevent foreclosure on your mortgage if you comply with the
provisions of the Homeowner's Emergency Mortgage Assistance Act
of 1983 (the "Act"). You may be eligible for emergency temporary
assistance if your default has been caused by circumstances
beyond your control, and if you meet the eligibility requirements
of the Act as determined by the Pennsylvania Housing Finance
Agency. Please read all of the Notice. It contains an
explanation of your rights.
Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date
of this Notice, During that time you must arrange and attend a
"face-to-face" meeting with a representative of this lender, or
with a designated consumer credit counseling agency. The purpose
of this meeting is to attempt to work out a repayment plan, or to
otherwise settle your delinquency. This meeting must occur in
the next thirty (30) days.
If you attend a face-to-face meeting with this lender, or
with a consumer credit counseling agency identified in this
notice, no further proceedings in mortgage foreclosure may take
place for thirty (lO) days after the date of this meeting.
The name, address, and telephone number of our
- 1 -
~:,(\,il,it "C'
representative is:
Murrel R. Walters, III, Esquire
54 East Main street
Mechanicsburg, PA 17055
The name and address of a designated consumer credit
counseling agency is:
Urban League of Metropolitan Harrisburg
28 North 2nd street
Harrisburg, PA 17101
It is only necessary to schedule one face-to-face meeting,
You should advise this lender immediately of your intentions.
If you have tried and are unable to resolve this problem at
or after your face-to-face meeting, you have the right to apply
for financial assistance from the Homeowner's Emergency Mortgage
Assistance Fund. In order to do this, you must fill out, sign
and file a completed Homeowner's Emergency Assistance Application
with one of the designated consumer credit counseling agencies
listed above. An application for assistance may only be obtained
from a consumer credit counseling agency. The consumer credit
counseling agency will assist you in filling out your application
and will submit your completed application to the Pennsylvania
Housing Finance Agency. -Your application must be filed or
postmarked, within thirty (30) days of your face-to-face
meeting".
"It is extremely important that you file your application
promptly. If you do not do so, or if you do not follow the other
time periods set forth in this letter, foreclosure may proceed
against your home immediately and you will forfeit your
eligibility for assistance-.
Available funds for emergency mortgage assistance are very
limited, They will be disbursed by the Agency under the
eligibility criteria established by the Act.
-It ia extremely important that your application is accurate
and complete in every respect". The Pennsylvania Housing Finance
Agency has sixty (60) days to make a decision after it received
your application. During that additional time. no foreclosure
proceedings will be pursued against you if you have met the time
require..nts set forth above. You will be notified directly by
that Agency of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101
North Front street. P. o. Box 1029. HarriSburg. PA 17105.
- 2 -
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