HomeMy WebLinkAbout01-5669IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ADAMS COUNTY NATIONAL BANK,
successor by merger to Farmers National Bank,
Plaintiff',
VS.
Jacob A. Quatrara and Carol A. Quatrara,
Defendants.
Action in Mortgage Foreclosure
To: Jacob A. Quatrara and Carol A. Quatrara, Defendants
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days atter this complaint and notice are served, by entering a written
appearance personally or by attorney, and filing in writing with the court your defenses or objections to the
claims se~ forth against you. You are warned that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money claimed in the complaint
or for any other claim or relief requested by the Plaintiff'. You may lose money or propexty or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone Number: 717-249-3166
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE Si usted desea defendersee de las quejas
expuestas en las p~iginas siguientes, debe tomar accifn dentro de veinte (20) dias a partir de la fecha en que
recibi6 la demanda y el aviso. Usted debe presentar comparecencia escdta en persona o pot abogado y presentar
en la Corte pot escrito sus defensas o sus objecionas a las demandas en so contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra
sin mas aviso o notificacifn pot cualquier dinero reclamado en al demanda o pot cuaiquier otra queja o
compensacifn reclamados pot el Demandante. USTED PUEDE PERI)ER DINERO, O PROPIEDADES U
OTROS DERECHOS IMPORTANTES PARA USTED
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO
CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO
PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone Number: 717-249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA CIVIL ACTION- LAW
ADAMS COUNTY NATIONAL BANK,
successor by merger to Farmers National Bank,
Plaintiff,
VS.
Action in Mortgage Foreclosure
Jacob A. Quatrara and Carol A. Quatrara,
Defendants.
COMPLAINT
AND NOW, this/a~ day of ~~'~, 2001, comes the Plaintiff,
!
Adams County National Bank, successor by merger to Farmers National Bank, by its
attorneys, Puhl, Eastman & Thrasher, who brings this action in mortgage foreclosure against
Jacob A. Quatrara and Carol A. Quatrara, Defendants, whereof the following is a statement:
1. The Plaintiff is Adams County National Bank, successor by merger to Farmers
National Bank, Mortgagee, a national banking corporation organized and existing under the
laws of Congress relating to national banks, with its main office at 16 Lincoln Square,
Borough of Gettysburg, Adams County, Pennsylvania 17325.
2. Defendant, Jacob A. Quatrara, is an adult individual who resides at 20 Subdivision
Road, Newville, PA 17241.
3. Defendant, Carol A. Quatrara, is an adult individual who resides at 20 Subdivision
Road, Newville, PA 17241.
4. Defendants are not in the military or naval service of the United States or its allies
within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940
and its amendments.
1
5. On July 9, 1992, the Defendants executed and delivered a mortgage upon real
estate hereinafter described to Plaintiffas Mortgagee, which mortgage is recorded in the
office of the Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 1077
at page 179, a copy of said mortgage being attached hereto and marked Exhibit "A."
6. Said mortgage has not been assigned.
7. The real estate is described as follows: ALL that certain tract of land with the
improvements thereon erected situate in Upper Mifflin Township, Cumberland County,
Pennsylvania, as set forth in a survey prepared for Andrew E. Bonnie, by Carl D. Bert, R.S.,
dated May 16, 1979 and recorded in Cumberland County Plan Book 37 at page 133, bounded
and described as follows:
BEGINNING at a point in Township Road T-397 marked by an
existing railroad spike in comer of Lot No. 24B; thence along Lot No. 24B,
South 36 degrees 13 minutes 50 seconds East 369.97 feet to an iron pin in
comer of Lot No. 24B and land now or formerly of Andrew E. Bonnie; thence
along lands now or formerly of Bonnie, South 14 degrees 11 minutes 37
seconds West 71.91 feet to an existing iron pin in comer of lands now or
formerly of Andrew E. Bonnie and lands now or formerly of Erwin B. Wiser;
thence along lands now or formerly ofErwin B. Wiser, North 57 degrees 20
minutes 46 seconds West 400.00 feet through an existing iron pin 25.32 feet
from property comer to an existing railroad spike in Township Road T-397;
thence along Township Road T-397 running parallel with lands now or
formerly of Paul A. Wickard, North 41 degrees 42 minutes 25 seconds East
204.03 feet to an existing railroad spike, the point and place of BEGINNING.
CONTAINING 50,550 SQUARE FEET.
BEING Lot No. 24A as shown in Plan for Andrew E. Bonnie.
2
Being improved with a brick and vinyl siding ranch house and known
and numbered as Subdivision Road, Newville, Pennsylvania.
AND BEING promises conveyed by Bryant G. Minnich and Donna K.
Minnich, husband and wife, unto Kevin L. Yeakley and Delta Yeakley,
husband and wife, Grantors herein, by deed dated September 4, 1991, and
recorded in the Office of the Recorder of Deeds in and for Cumberland County
in Deed Book "H," Vol. 35, Page 451.
AND ALSO BEING the same premises conveyed by deed dated July 9,
1992 from Kevin L. Yeakley and Delta Yeakley, his wife, to Jacob A. Quatrara
and Carol A. Quatmra, his wife, the Mortgagors heroin.
8. The said mortgage is in default in that a partial payment of principal and interest in
the amount of $593.47 is due for May 9, 2001 and the monthly payments of principal and
interest amounting to $608.98 each, which have become due and payable on June 9, 2001, and
on the 9th day of each month thereafter have not been made, and by the terms of said
mortgage upon default in such monthly payments after any such payment is due, the whole of
the said mortgage debt and interest shall, at the option of the Plaintiff, become due and
payable forthwith.
9. The present owners of the real estate are the Defendants.
10. The amount due the mortgagee on the mortgage is computed as follows:
(a) Balance of principal
(b) Interest from 4/12/01 to 9/17/01
(c) Attorney's commissions
TOTAL
$46,192.38
1,783.27
2,398.78
$5O,374.43
11. In accordance with provisions of Act 91 of 1933 mid Act 6 of 1974, as aanund~d,
Plaintiff has sent to Defendants Notices of Homeowners' Emergency Mortgage Assistance
and Notices of Intention to Foreclose prior to the commencement of the within proceedings.
Copies of said Notices and mailing receipts are attached hereto and marked Exhibits "B"
through "E," respectively.
V~HEREFORE, Plaintiff demands judgrnent against the Defendants in the sum of
$50,374.43, plus interest from September 18, 200t, at a per diem of$11.69, and any
additional late charges and costs of suit.
Respectfully submitted:
PUHL, EASTMAN & THRASHER
Edward G. Puhl, Esquire
Attorney for Plaintiff
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ADAMS.
John W. Krichten, being duly sworn according to law, does depose and say that he is
the Senior Vice President of Adams County National Bank, and that the facts set forth in the
foregoing Complaint are true and correct to the best of his knowledge, information and belief.
Sworn to and subscribed before me
this J~t~ day of~,
2001. e
Notary Public
My Commission expires:
MORTGAGE
THIS MORTGAGE is made this ~ day of ~'-~ .~ , 19 92 , between
the MORTGAGOR, Jacob A. Quatrara and Carol A. quatrara ,
(herein "Borrower"), and the Mortgagee, FARMERS NATIONAL BANK, 1 West Big Spring
Avenue, Newville, Pennsylvania, 17241, (herein "Lender").
WHEREAS, Borrower is indebted to Lender in the principal sum of Sixty-nine
Thousand Seven Hundred ($69~700.00) Dollars, which indebtedness is
evidenced by Borrower's note dated '~-~ ~j ~ (herein "Note"),
providing for monthly installments of principal and interest, with the balance
of the indebtedness, if not sooner paid, due and payable on ~ ~ ~ ~o~7 ;
TO SECURE TO LENDER (a) the repayment of the indebtedness evidenced by the
Note, w$th 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 hereto (herein "Future Advances"),
Borrower does hereby mortgage, grant and convey to Lender the following
described property located in the County of Cumberland , State of
Pennsylvania:
See Attachment Page for legal description.
which has the address of
PA, 17241
(State and Zip Code)
R.D. 2~ Box 102A
(Street)
(herein "Property Address");
(City)
TOGETHER with all the improvements now or hereafter erected on the
property, and all easements, rights, appurtenances, rents, royalties, mineral,
oil and gas rights and profits, water, water rights, and water stock, and all
fixtures now or hereafter attached to the property, all of which, including
replacements and additions thereto, shall be deemed to be and remain a part of
the property covered by this Mortgage; and all of the foregoing, together with
said property are herein referred to as the "Property".
Borrower covenants that Borrower is lawfully seized of the estate hereby
conveyed and has the right to mortgage, grant and convey the Property, that the
Property is unencumbered, and that Borrower will warrant and defend generally
the title to the Property against all claims and demands, subject to any
declarations, easements or restrictions listed in a schedule of exceptions to
coverage in any title insurance policy insuring Lender's interest in the
Property, or any certificate of title certifying Lender's interest in the
Property.
TO HAVE AND TO HOLD the same unto and for the use of Lender, its successors
and assigns, forever.
PROVIDED, however, that if the said Borrower shall pay and perform,
according to the conditions hereof and said Note, everything to be paid and
performed as aforesaid, then the estate hereby conveyed and granted shall become
null and void.
BORROWER AND LENDER covenant and agree as follows:
ADDITIONAL ADVANCES. The Mortgage and the lien thereof shall be security
not only for the original indebtedness evidenced by the accompanying Note, but
also for any other sums that may be loaned or advanced by Lender to the Borrower
at any time or times hereafter.
PAYMENT OF TAXES, INSURANCE PREMIUMS AND OTHER CHARGES. From time to time,
until the debt and interest are fully paid, Borrower shall pay and discharge,
when and as the same shall become due and payable, all taxes, assessments, sewer
and water rents, and all other charges and claims assessed or levied by any
lawful'authority upon any part of the Property; pay all ground rents reserved
from the Property and pay and discharge all mechanics' liens which may be filed
against eaid Property and which shall or might have priority in lien or payment
to the debt secured hereby; provide, renew and keep alive such policies of
hazard and liability insurance as Lender may from time to time require upon the
buildings and improvements now or hereafter erected upon the Property, with loss
payable clauses in favor of Lender as its interest may appear.
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. Ail premiums on insurance policies shall be paid by
Borrower making payment, when due, directly to the insurance carrier.
Ail insurance policies and renewals thereof shall be in form acceptable to
Lender and shall include a standard mortgage clause in favor of and in form
acceptable to Lender. Lender shall have the right to hold the policies and
2
renewals thereof, and Borrower shall promptly furnish to Lender all renewal
notices and all receipts of paid premiums. In the event of loss, Borrower shall
give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds
shall be applied to restoration or repair of the Property damaged, provided such
restoration or repair is economically feasible and the security of this Mortgage
is not thereby impaired. If such restoration or repair is not economically
feasible or if the security of this Mortgage would be impaired, the insurance
proceeds shall be applied to the sums secured by this Mortgage, with the excess,
if any, paid to Borrower. If the Property is abandoned by Borrower, or if
Borrower fails to respond to Lender within 30 days from the date notice is
mailed by Lender to Borrower that the insurance carrier offers to settle a claim
for insurance benefits, Lender is authorized 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 hereof or change the amount of such installments. If 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 acqdisition.
MAINTENANCE OF MORTGAGED PROPERTY. Borrower shall maintain all buildings
and improvements subject to this Mortgage in good and substantial repair as
determined by Lender. Lender shall have the right to enter upon the mortgaged
premises at any reasonable hour for the purpose of inspecting the order,
condition and repair of the building or buildings erected thereon.
NONPAYMENT OF TAXES, INSURANCE, OTHER CHARGES, AND COST OF REPAIRS. In the
event Borrower neglects or refuses to pay the taxes, insurance premiums or other
charges above mentioned, within 30 days after the same become due and payable,
or fails to maintain the buildings and improvements as aforesaid, then the
Lender may, at ts option but without any obligation to do so, advance the sums
required and add any amounts so advanced to the principal debt secured hereby,
and collect the same as a part of the principal debt.
Any amounts disbursed by Lender pursuant hereto, with interest thereon,
shall become additional indebtedness of Borrower secured by this Mortgage.
Unless Borrower and Lender agree to other terms of payment, such amounts shall
be payable upon notice from Lender to Borrower requesting payment thereof, and
shall bear interest from the date of disbursement at the rate payable from time
to time on outstanding principal under the Note unless payment of interest at
such rate would be contrary to applicable law, in which event such amounts shall
bear interest at the highest rate permissible under applicable law. Nothing
contained herein shall require Lender to incur any expense or take ~ny action
hereunder.
TRANSFER OR ENCUMBRANCE OF MORTGAGED PROPERTY. Borrower agrees not co
oo .f, 77 18!
3
transfer legal or equitable title to the mortgaged Property unless the Lender
'consents in writing to such transfer. A transfer to the survivor or devisees or
heirs of the Borrower in the event of the Borrower's death shall not come within
the prohibition of the foregoing sentence. Borrower also covenants and agrees
not to create, nor permit to accrue, upon all or any part of the mortgaged
Property, any debt, lien or charge which would be prior to, or on a parity with,
the lien of this Mortgage. PROHIBITION AGAINST TRANSFER OF TITLE TO MORTGAGE
PROPERTY CONTAINED HEREIN SHALL BE APPLICABLE TO THE TRANSFER OF EQUITABLE AS
WELL AS LEGAL TITLE W~ETHER BY DEED, ARTICLES OF AGREEMENT, CONTRACT FOR DEED,
OPTION OR OTHERWISE EXCEPT FOR SUCH AGREEMENTS OF SALE FOR PURPOSES OF CONVEYING
LEGAL TITLE WITHIN 180 DAYS OF EXECUTION OF SUCH AGREEMENT OF SALE. UPON ANY
TRANSFER IN.VIOLATION OF THIS PROVISION, LENDER SHALL HAVE THE OPTION OF
ACCELERATING THE MATURITY OF THE ENTIRE UNPAID BALANCE OF INDEBTEDNESS.
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
assigned 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 is 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.
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 hereof or change the amount of such installments.
REMOVAL OR ALTERATION OF IMPROVEMENTS. Borrower agrees not to remove,
demolish or make any substantial alterations to any improvements now or
hereafter on the mortgaged Property unless Lender consents in writing thereto.
BORROWER NOT RELEASED. Extension of the time for payment or modification
of amortization of the sums secured by this Mortgage granted by Lender to any
successor in interest of Borrower shall not operate to release, in any manner,
the liability of the original Borrower and Borrower's successors in interest.
Lender *shall not he required to commence proceedings against such successor or
refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Mortgage by reason of any demand made by the original Borrower
and Borrower's successors in interest.
FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by Lender in
exercising any right or remedy hereunder, or otherwise afforded by applicable
oo 1077 Ac[ ,182
4
law, shall not be a waiver of or preclude the exercise of any such right or
remedy. The procurement of insurance or the payment of taxes or other liens or
charges by Lender shall not [~e a waiver of Lender's right to accelerate the
maturity of the indebtedness secured by this Mortgage.
REMEDIES CUMULATIVE. Ail 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.
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.
PURCHASE MONEY MORTGAGE. If all or part of the sums secured by this
Mortgage are lent to Borrower to acquire title to the Property, this Mortgage is
hereby declared to be a purchase money mortgage.
BORROWERS hereby certify that there ,re no divorce proceedings in any
Jurisdiction affecting the ability of either of them to enter into this
mortgage.
GOVERNING LAW. This mor:gage shall he governed by the law of Pennsylvania
(except as superseded by Fedeual Law or Regulation). The terms of this Mortgage
and the Note are hereby declared to be severable and the invalidity of any such
provision shall not invalidate the remaining provisions.
ASSIGNMENT OF RENTS. Bozrower assigns and transfers unto Lender any and
all rents from the mortgaged Property, and authorizes the Lender, at any time
there is a default under the Mortgage or accompanying Note, to take possession
of, rent, repair and operate said premises and. after deducting all costs of
collection, operation, repair~ and administration, to apply the balance of the
rents received on account of the obligation of the Borrower, Lender shall have
full power to lease or renew ]eases upon such terms and conditions as to Lender
may seem proper or desirable.
ACCELERATION OF MATURITY AND FORECLOSURE PROCEEDINGS UPON DEFAULT. In case
default be made by the Borrower in the payment of any installment of principal,
interest or other sums payable under the terms of this Mortgage or the
accompanying Note, or in the event of a breach by the Borrower of any of the
other obligations, covenants, conditions and agreements set forth in this
Mortgage or in the accompanying Note, which said default or breach shall
continue for more than thirty (30) days, then and in such case the entire unpaid
balance of the indebtedness, including advances and all other sums paid by the
Lender in accordance with the terms of this Mortgage or the accompanying Note,
together with unpaid interest thereon, shall, at the option of the Lender, and
without notice, (except as may be required by then applicable law), become
immediately due and payable, and foreclosure proceedings may be brought
oo' 1077 18.3
5
forthwith on the Mortgage or legal action may be commenced on the accompanying
Note and prosecuted to Judgment, execution and sale for the collection of the
same, together with costs of suit and an attorney's com~ission for collection of
ten per centum of the total indebtedness or two hundred fifty dollars, whichever
is the larger amount. Borrower hereby forever waives and releases all errors in
said proceedings, waives stay of execution, the right of inquisition, and
extension of time of payment, agrees to condemnation of any property levied upon
by virtue of any such execution, and waives all exemptions from levy and sale of
any property that now is or hereafter may be exempted by law.
SUCCESSOR INTERESTS. The obligations, covenants, conditions and agreements
contained in this Mortgage and the accompanying Note shall bs binding upon, and
the benefits thereof shall inure to, the respective parties hereto and their
respective personal representatives, heirs, successors and assigns.
pARAGRAPH HEADINGS. Paragraph headings in this instrument are for
conveni%nt reference only, and it is agreed that they shall not be deemed
controlling in the interpretation hereof.
PROVIDED, HOWEVER, that if the Borrower shall pay all of the aforesaid
indebtedness, interest and other amounts which may be owing hereunder or under
the accompanying Note, and shall fully perform all the covenants, conditions and
agreements set forth or incorporated herein and in said Note, then this Mortgage
shall be void and released at the expense of the Borrower, and the estate hereby
granted and conveyed shall be void.
WITNESS the due execution hereof the day and year first above written.
SIGNED, SEALED AND DELIVERED ~ ~,X~ .~,k~~ (SEAL)
IN THE PRESENCE OF:
J~cob A. Quatrara
Carol A. Quatrara
(SEAL)
(S F, AL)
(SEAL)
6
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
On this, the ~"-~--day of ~3~,~ ~ , A.D. 19 92 , before me
the under~igned officer, personally appeared
Jacob A. QuatraraandCarolA. Quatrara satisfactorily proven to be the person(s)
whose name(s) are subscribed to the within instrument and acknowledged that
they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand off:
NOTARIA~ SEAL
HAMI[TON C. DAV,$, Notary Public
Newton Twp., Cumberland Co., Pa.
Commissio~ Expires Se~t. 22, 1992
My Commission Expires
CERTIFICATE OR RESIDENCE
I certify that the precise place of business and complete post office
address .of Mortgagee is 1 West Big Spring Av~ue, N,e~ille, Prima. 17241.
; ~ ~ ~ent for ~rtgagee
State of Pennsylvania ~,
County of Cumberland
R~cocded in the office for
etc. ipjand for Cumberh
inJ' ook/OT'Tvo --
witness my hand end. al of office
Carlisle, PA this -/ de,
g0 1077 18.5
Attachment Page
for Mortgage from
Jacob A. and Carol A. Quatrara
to
Farmers National Bank
ALL that certain tract of land with the improvements thereon erected
situate in Upper Mifflin Township, Cumberland County,Pennsylvania, as set forth
in a survey prepared for Andrew E. Bonnie, by Carl D. Bert, R.S., dated May 16,
1979 and recorded in Cumberland County Plan Book 37, Page 133, bounded and
described as follows:
BEGINNING at a point in Township Road T-397 marked by an existing railroad
spike in corner of Lot No. 24B; thence along Lot No. 24B, South thirty-six (36)
degrees thirteen (13) minutes fifty (50) seconds East three hundred sixty-nine
and ninety-seven hundredths (369.97) feet to an iron pin in corner of Lot No.
24B and land now or formerly of Andrew E. Bonnie; thence along lands now or
formerly of Bonnie, South fourteen (14) degrees eleven (11) minutes thirty-seven
(37) seconds West seventy-one and ninety-one hundredths (71.91) feet to an
existing iron pin in corner of lands now or formerly of Andrew E. Bonnie and
lands now or formerly of Erwin B. Wiser; thence along lands now or formerly of
Erwin B. Wiser, North fifty-seven (57) degrees twenty (20) minutes forty-six
(46) seconds West four hundred (400.00) feet through an existing iron pin
twenty-five and thirty-two hundredths (25.32) feet from property corner to an
existing railroad spike in Township Road T-397; thence along Township Road T-397
running parallel with lands now or formerly of Paul A. Wickard, North forty-one
(41) degrees forty-two (42) minutes twenty-five (25) seconds East two hundred
four and three hundredths (204.03) feet to an existing railroad spike, the point
and place of BEGINNING. CONTAINING fifty thousand five hundred fifty (50,550)
square feet.
BEING Lot No. 24A as shown in Plan for Andrew E. Bonnie.
BEING improved with a brick and vinyl siding ranch house and known and
numbered as Subdivision Road, Newville, Pennsylvania.
AND BEING premises conveyed by Bryant G. Minnich and Donna K. Minnich,
husband and wife, unto Kevin L. Yeakley and Delta Yeakley, husband and wife,
Grantors herein, by deed dated September 4, 1991, and recorded in the Office of
the Recorder of Deeds in and for Cumberland County in Deed Book'"H", Vol. 35,
Page 451.
PAGE 18~J
Date: August 9, 2001
ACT 91/6 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific informatio,,
about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home.
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling:
Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of
this Notice. If you have any questions, you may cai1 the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.
(Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR
VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE
AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO
POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL
CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): Jacob A. Quatrara
PROPTERY ADDRESS: 20 Subdivision Road, Newville, PA 17241
LOAN ACCOUNT NO.: 7455313 (26599)
ORIGINAL LENDER: Farmers National Bank of Newville
CURRENT LENDER/SERVICER: Farmers National Bank of Newville
HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,
AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - 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
n.c~s~.li.s!~..at..th_e..end of this Notice. THIS .ME. _E___T~_G MUST OCCUR WITHINyouR MORTGAGE UP *O DAZE.
~}t~°~;~mye~'crleFdi~(~ns~IngN;~ ~rrcr eol~ EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING
THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE
EFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCII~q - If you meet with one of the consumer credit counseling agencies
listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. Th.._~e
names, addresses and tele hone numbers of desi nated consumer credit counselin a encies for the coun in which the ro err is
located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender
immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth Iater in this
Notice (see following pages for specific information about the nature of your default.) If you have tried
Assistance and are unable to resolve
this problem with the lender, you have the right to apply for financial assistance from the Homeowner s Emergency Mortgage
Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete application to the
Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face
meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW
THE OTHER TIME PERIODS SET FORTH IN TH/S LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR
HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY AC~__.__TION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the
Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make
a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have
met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its
decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
20 Subdivision Road Newville U er Mifflin Townshi Cumberland Count PA
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are
now past due:
Monthly payments of $608.97 due for May, June, July and August 2001, plus past due charges of $18.50.
Other charges (explain/itemize):.
TOTAL AMOUNT PAST DUE: $2,454.38
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do not use if not applicable):
HOW TO CURE THE DEFAULT _ You may cure the default within THIRTY (30) DAYS of the date of this notice BY
PAYING THE TOTAL AMOUNT PAST DUE TO TH~ LENDER, WHICH IS $. 2,454.38 . PLUS ANY MORTGAGE
PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be
made either by cash, cashier's check, certified check or money order made payable and sent to:
ADAMS COUNTY NATIONAL BANK
P.O. Box 3129
Gettysburg, PA 17325
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if
not applicable.)
IF YOU DO NOT CURE TH]E DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice,
the lender intends to exercise its rights to accelerate the mortoaee debt. This means that the entire outstanding balance of this
debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment
of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal
action to foreclose upon your motto,aced property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage
debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against
you, you will still be required to pay the reasonable attorney's fees that were ac!,ually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney s fees actually incurred by the lender even if they
exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable
costs. If you cure the default within the THRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due
under the mortgage.
RIGHT TO CLrRE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THRITY (30)
DAY period and foreclosure proceedings have begun, ou still have the ri ht to cure the default and revent the sale at an time u
to one hour before the Sheriff's Sale. You ma do so b a in the total amount then asr due lus an late or other char es then
due reasonable attorne's fees and costs connected with the foreclosure sale and an other costs connected with the Sheriff's Sale
as s ecified in writin b the lender and b erformin an other re uirements under the mort a e. Curing your default in the
manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE, - It is estimated that the earliest date that such a Sheriff's Sale of the
mortgaged property could be held would be approximately 3 months from the date of this Notice. A notice of the actual
date of the Sheriff's Sale wi 1 be sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may fred out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Phone Nu.._~_mber:
Fax Nu.__~__mber:
Contact P__._erson:
Farmers National Bank of Newville
One Bi S rin Avenue
Newville PA 17241
~-5312
71~-4855
Carol n II. Kou h
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and
your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings
and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume 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 the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY
FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU
CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN
THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
FAX (717) 637-3294
Financial Counseling Services of Franklin
31 West 3~d Street
Waynesboro, PA 17268
(717) 762-3285
ADAMS COUNTY
Consumer Credit Counseling Service of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
(717) 541-4670
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
717) 334-1518
FAX (717) 334-8326
American Red Cross -Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
FAX(717) 637-3294
Housing Council of York
116 North George Street
York, PA 17401
(717) 854-1541
FAX (717) 845-7934
.YORK COUNTY
Consumer Credit Counseling Service of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
(717) 541-4670
Consume~ Credit Counseling Service of Western PA
970 South George Street
York, PA 17403
(717) 846-4176
Consumer Credit Counseling Service of Western P~
2000 Linglestown Road Financial Counseling Services of Franklin
31 West 3rd Street
Harrisburg, PA 17102
(717) 541-1757
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 243-3948
*Copies also mailed fnrst class
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
25 North Front Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 232-4985
(~olK~S)
ACT 91/6 NOTICE
Date: August 9, 2001
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information
about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home.
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling
Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of
this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.
(Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer
LA NOrlII(ICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR
VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE
AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO
POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL
CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIM[R SU HIFOTECA.
HOMEOWNER'S NAME(S): Carol A. Quatrara
PROPTERY ADDRESS: 20 Subdivision Road, Newville, PA 17241
LOAN ACCOUNT NO.: 7455313 (26599)
ORIGINAL LENDER: Farmers National Bank of Newville
CURRENT LENDER/SERVICER: Farmers National Bank of Newville
HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,
AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - 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 one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN
THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING
YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE
DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies
listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The
names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is
located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender
immediately of your intemions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this
Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve
this problem with the lender, you have the right to apply for f'mancial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete application to the
Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face
meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. ff YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW
THE OTIEER TEVIE PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR
HOME EVIMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the
Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make
a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have
met the time requiremems set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its
decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on ydur property located at:
20 Subdivision Road, Newville, Upper Mifflin Township, Cumberland Count~, PA
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are
now past due:
Monthly payments of $608.97 due for May, June, July and August 2001, plus past due char~es of $18.50.
Other charges (explain/itemize):
TOTAL AMOUNT PAST DUE: $2,454.38
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do not use if not applicable):
HOW TO CURE THE'Di~FAUL~ - You may cure the default within THIRTY (30) DAYS of the date of this notice BY
PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2,454.38 . PLUS ANY MORTGAGE
PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be
made either by cash, cashier's check, certified check or money order made payable and sent to:
ADAMS COUNTY NATIONAL BANK
P.O. Box 3129
Gettysburg, PA 17325
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if
not applicable.)
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice,
the lender intends to exercise its rights to accelerate the mort~,a~,e debt. This means that the entire outstanding balance of this
debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment
of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal
action to foreclose upon your mort~,a~ed property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage
debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against
you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they
exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable
costs. If you cure the default within the TItRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sams due
under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THRITY (30)
DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up
to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then
due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale
as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the
manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the
mortgaged property could be held would be approximately 3 months from the date of this Notice. A notice of the actual
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 t-md out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Farmers National Bank of Newville
Address:
Phone Number:
Fax Number:
Contact Person:
One Big Spring Avenue
Newville~ PA 17241
(717) 776-5312
(717) 776-4855
Carolyn H. Kough
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and
your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings
and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume 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 the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY
FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU
CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN
THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
ADAMS COUNTY
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
FAX (717) 637-3294
Financial Counseling Services of Franklin
31 West 3ra Street
Waynesboro, PA 17268
(717) 762-3285
Consumer Credit Counseling Service of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
(717) 541-4670
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, PA 17325
717) 334-1518
FAX (717) 334-8326
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
(717) 637-3768
FAX (717) 637-3294
Housing Council of York
116 North George Street
York, PA 17401
(717) 854-1541
FAX (717) 845-7934
Consumer Credit Counseling Service of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 243-3948
*Copies also mailed first class
YORK COUNTY
Consumer Credit Counseling Service of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
(717) 541-4670
Consumer' Credit Counseling Service of Western PA
970 South George Street
York, PA 17403
(717) 846-4176
CUMBERLAND COUNTY
Financial Counseling Services of Franklin
31 West 3~d Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
25 North Front Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 232-4985
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2001-05669 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ADAMS COUNTY NATIONAL BANK
VS
QUATAP~A JACOB A ET AL
R. Thomas Kline
duly sworn according to law,
inquiry for the within named defendant, DEFENDANT
QUATP~ARA CAROL A
unable to locate Her in his bailiwick. He therefore returns
,Sheriff or Deputy Sheriff, who being
says, that he made a diligent search and
but was
the
COMPLAINT - MORT FORE
the within named DEFENDANT
, NOT FOUND , as to
, QUATP~ARA CAROL A
PER POST OFFICE, CAROL MOVED AND
LEFT NO FORWARDING ADDRESS.
Sheriff's Costs:
Docketing 6.00
Not Found 5.00
Affidavit .00
Surcharge 10.00
.00
21.00
So answer,,
Sheriff of Cumberland County
EDWARD G. PUHL
0/05/200
Sworn and subscribed to before me
this /~ -~ day of ~
~7~3 / A.D.
pz~ofh6notary , -
SHERIFF'S RETURN -
CASE NO: 2001-05669 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAMS COUNTY NATIONAL BANK
VS
QUATAPJt JACOB A ET AL
REGULAR
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
QUATP~ARA JACOB A the
DEFENDANT ,
at CUMBERLAND COUNTY PRISON
CARLISLE, PA 17013
JACOB A QUATRARA
at 1415:00 HOURS,
on the 4th day of October , 2001
1101 CLAREMONT RD
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.25
Affidavit .00
Surcharge 10.00
.00
31.25
Sworn and Subscribed to before
me this /~ ~ day of
honotary '
So Answers-
R. Thomas Kline
i0/05/2001
EDWARD G PUHL
By: D~~~u~y Sheriff
PUHL. EASTMAN & THRASHER
ATTORNEYS AT LAW
220 BALTIMORE STREet
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ADAMS COUNTY NATIONAL BANK,
successor by merger to Farmers National
Bank,
Plaintiff
NO. 01-5669 Civil Term
Jacob A. Quatrara and Carol A. Quatrara,
Defendants.
Action in Mortgage Foreclosure
To The Prothonotary:
PRAECIPE
Please mark the above-captioned proceedings discontinued.
Date:
EASTMAN & THRASHER
Edward G. Puhl, Esquire
220 Baltimore Street
Gettysburg, PA 17325
(717) 334-2159
Attorney I.D. No. 55709