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HomeMy WebLinkAbout00-01742 1 ,.c"!. IN THE COURT OF COMMON PLEAS OF, CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST flk/a THE YORK BANK AND TRUST COMPANY, Plaintiff, VS. FRANK M. RlCH and MARY LOU RlCH, Defendants. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO TI-lE ENCLOSED COMPLAINT WITHIN T\VENTY (20) DA ~s FROM S ICE HEREOF OR A DEFAULT JUDOMEN)' A R PLAINTIFF I HEREBY CERTIFY TIlA TTIIE ADDRESS OF TIIE PLAINTIFF IS: P.O. Box 17292 Baltimore, MD 21103 AND TIIE DEFENDANT(S): 589 S. Middlesex Roa~ Carlisle, A 7013 ATtO . CERTIFICATE OF LOCATION [HEREBY CERTIFYTHATTHE LOCATION OF THE REAL STATE AFFECTED BY THIS LIEN IS 589S. I arlisle, P A 17013 ATfO CIVIL DIVISION NO.: 00 - I?~~ C,u~L y~ TYPE OF PLEADING CIVIL ACTION. COMPLAINT. ."IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: AIIfirst f/kIa The York Bank and Trust Company Plaintiff, COUNSEL OF RECORD FOR THIS PARTY: . .. Scott A. Dietterick, Esquire Fa. LD. #55650 . JAMES, SMITH, DURKIN & CONNELLY LLP dp.O. BQX650 Hershey, PA 17033 (717) 533-3280 , "- IN THE COURT DF~OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST, fi'k/a THE YORK BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.:" vs. FRANK M. RICH and MARY LOU RICH, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after tlris complaint and notice are served, by entering a written appearance personaIly or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you 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 property or other rights important to you. YOU SHOULD TAKE THIS:? Al'ER TO YOUR LAWYER AT ONCE.. IF YOU SHOULD 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. LAWYER REIFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Car]isle, P A 17013 Phone (717) 249-3166 ~ ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V A.NIA ALLFIRST, f/kIa THE YORK BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: vs. FRANK M. RICH and MARY LOU RlCH, Defendants. A VISO USTED HA sma DEMONDADO/A EN CORTE. Si usted desea defenderse de]as demandas que se presentan mas adelante en las siguientes paginas, debe tamar accion dentro do los proximos veinte (20) dias despues de ]a notifacacion de esta Demanda y A vi so radicando personalmente 0 por medio de un abogado una comperenc~encia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, ]os demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tOIDar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo porcualquier suma de dinero recIamada en la demanda 0 cualquier otra rec]amacion 0 remedio solicitado por el demandante puede ser dictado en contra suya par la Corte sin mas aviso adicionitl. Usted puede perder dinero 0 propieded u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DbcUMENTO A SU ABAGADO TMMEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARI..E A UNO, LLAME A VA Y A A LA SIGUEINTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA ALLF]RST, D'k/a THE YORK BANK AND TRUST COMPANY, CIV]L DIVISION Plaintiff, NO.: 17tJ. /'1'/.2- ~ ~ vs. FRANK M. RlCH and MARY LOU RlCH, Defendants. CIVIL ACTION- COMPLAINT IN MORTGAGE FORECLOSURE And now comes AIIfirst, D'k/a Dauphin Deposit Bank and Trust Company, by its ._ attorneys, James, Smith, Durkin & ConneIIy LLP, files this Complaint in Mortgage Foreclosure as foIlows: 1. The Plaintiff is AIIf1rst Bank, a Maryland state-chartered commercial bank, authorized to conduct business in the Commonwealth ofPennsy]vania, and formerly known as The York Bank and Trust Company, with a principal business address of P.O. Box 17292, Baltimore, Mary]and 21203, 2. The Defendants, Frank M. Rich and Mary Lou Rich, are adult individuals whose last known address is 589 S. Middlesex Road, Carlisle, Pennsylvania 17013. 3. On or about July 26, 19159,Defendants executed a cerlllin Home Credit Line Agreement and Note ("Note") in favor of Plaintiff in the original principal amount of $20,000.00. 4. On or about July 26, 1989, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $20,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on August 15, ] 989, in Mortgage Book Volume 948, Page 1056. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid mortgaged prennses. 6. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly instaIlments of principal and interest when due. 7. On or about November 20,1999, Defendants were mailed combined Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices oflntention to ForeClose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974,41 P.S. !l]01, et seq. True and correct copies of said Notices are marked Exhibit "BOO, attached hereto and made a part hereof. 8. The amount due and owing P]aintiffby Defendants is as follows: Principal Interest through 3/20/00 Appraisal and P & J Report Attorney's Fees Title Search and Costs $19,544.10 . $ 1,209.98 $ 260.00 $ 1,000.00 $ 2500.00 TOTAL $24,514.08 plus interest on the principal sum ($]9,544.10) from March 20, 2000, at the rate of$4.69 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged prennses. 9. Pursuant to the Fair Debt Collection Practices Act, 15 D.S.C. !l 1692 et seq. (1977), Defendant(s) may dispute the valIdity of the debt or any portion thereof. IfDefendant(s) do so in writing within thirty (30) days of receipt of this pleading, COWlsel for Plaintiff win obtain and provide Defendant(s) with written verification thereof; otherwise, the debt wiII be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for PlaintiffwilI send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amoWlt due of$24,5]4.08, with interest thereon at the rate of $4.69 per diem from March 20, 2000 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. CONNELL Y LLP BY: Scott A. Dlette ick, Esquire Attorneys for Plaintiff P A J.D. # 55650 P.O. Box 650 Hershey,PA 17033 (7] 7) 533.3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , -........~ Made July 26, 119~.~eL~Emlheundorsigned Frank M. Rich and Ma.I:y Jou Rich ._ _ , (hereinafter, whelher one OJ more called "Debtor") and THE YORK BANK AND TRUST COMPANY (hereinafter. caJled "Bank."). Debtor is indebted 10 Bank. under a cet1ain Home Credit Une Agreemenl and OisclOl~ure Statement beaffng even dale herewith {hereinaller cened "Agreement'1, pursuanllo which Debtor h~5Jp pay to lhe order of Bank Ihe oUlstandlng balance due under the Agreement including amounts borrowed up to lhe Maximum Credil Limit of ~ Dollars {is 2D lJ!')1 00 1 as donned In the Agreement. Tho Agreement provIdes for the payment ollha debt evidMced thereby together wil Interest \hereon al the Tate provided n such Agreementln the manner and al the times Iherein set forth and all olhar charges and cosls 01 collaclioo, and contains certain other terms and conditions, all or which are speciIlcaUy Incorporated herein by reference: _ . Therefore, Debtor, as security for all sums owed under said Agreement, now or in the future, including wilhout limitation the debl and interest, and any modiflcaUon, e:JCtension, or renewal thereof, hereby does grant and Ci)nvey unto BM1k,lIs successors and aSliJgns; Alllhat certain prem1l>es (collectively the "Mortgaged Premises") known as -!:)89 H"lll-h MirtiT~~.., ~rliq'p rn (address), being more fully descrlblXl by metes and bounds on exhibit "A" hereto, togell}er with all present and luture buildings and improvements thereon and rights appurtenantlherelo. Under and sUbl'ect to any present mortgages of record, 10 have'-BncI to hold the same, together with the appurtenances thereto, unto Sank. Its successors and ass ,gns forever, subject as aforesaid. I Provided however, that If: (a) Deblor shall pay to Bank all suma- owed under the Agreement Bnd (b) the Agreement is terminated, lhen and in such event this Mortgage and the eslale hereby grat1ted and conveyed shall become void. This Morwage Is executed and delivered subject to the following covenanls, condlUons and agreemenls: . (t) Deblor shall pay alllaxes, water and sewer rents and other charges assessed or levied on or which become a lien upon the MDllgaged Premises and shall furnish receipts Iherelore on request: Deblor shall comply wi\h all applicable laws, keep the Mor1gar;Jed Premises In good condition, and repair the Mortgaged Premises as necessary, but shall 1'101 cause any materia! change therelo without the prior wllUen approval of Bank; Debler shall pay and discharge all mechanic's liens; Debler shall make all payments owed under and lully comply with alllerms aM conditions of any prior mortgage on Ihe Mortgaged Premises; Debtor shan not, without the prior millen consenl of Ban,\(, lransfer or altempt to transfer all or any part 01 \hI:! Mortgaged Premises under and subject to this Mortgage. , . (2) On the occurrence of a default as prOvided under the Agreemenl or failure ot Debtor to perform any of the olller terms, condlllons or obligations 01 the Agreement, any other Indebtedness of Debtor to Bank, or this MOr1gage, In addition to all other rights and remedies Bank has at law or equity, all sums owed under the Agreement, Including without IImitalion accrued interest'-late charges, and insurance and other charQes, shall at Ihe option of Bank, and without noUce or demand, become immediately due and payable, and loreclosure proceedln~s may be brought forthwith on Ihis Mottlage and prosecuted to judgment. execuUon and sale for the collection of the same, to.gelher with costs of colllilctlon and reasonable aUorney's lees of HJ% Of all sums owed, Includ1ng but nolllmlted 10 those amounts due by acceleraUon, or, In lieu of foreclosure, Bank may take possession of the Mortgaged Premises and enjoy aU 01 the rights and privileges of the Debtor. .'_ (3) Subject 10 Ihe rights of any prior mortgages, the proceeds 01 any condemnation award are hereby assigned and shall be paid to Bank, and Bank may apply such proceedlt 10 repay.all sums owed by Deblor to Bank under lhe Agreement. (4) Debtor will obtain hazard Insurance 10 cov~ all bundln.Qs and other improvements that now are or In the IUlurq will be located on Ihe Mortgaged Premises. The Insuranoo must covl;lr loss or damage c8usedEy fire, hazards normally coverad by "extended coverage" hazard insurance policies and other hazards for which Bank required coverage. The Insurance must be In the amounts, for the penods ot time and in a form acceptable to Bank. All 01 the insurance poHcJes and renewals must include what is known 8S8 "standard mortgage clause" 10 protect Sank. Deblor may chooselhe Insurance company, subjecl to Bank's approval which shall not be unreasonably wiUlhe1d. If Bank requires. Deblor wlll promptly give Ba, nk all receil>ls of paid premlums and renewal noUces that Debtor receives. If there Is a loss or damage to the Mortgaged Premises. Oebtor will promptly notify the insurance company and Bank. The proceeds of insurance wit! be used 10 ellher repair or to /'estore lhe damaged Mortgaged Premlse~ \0 Us prior condlllon, or to repay all sums owod under the Agreement, at Bani<.'s opllon. (5) Oeblor understands and agrees that this MOrlQage secures future advances madi'l by Bank under !ho AgreemanL The Jlen created by this Mortgage shall relate back to the date 01 this MOrlgape With respec,l 10 all advances made to Oebtor no, w or In the fulure under the Agreement (6) 0 If this box Is checked, a Condominium Rider (which ;s attached to Ihls Mortgage) shall become a part 01 this Mortgage, 11 this Mortgage is eKecuted by more than one person, \he und.crtakings and liabflity of the undersigned shall be 'oint and several. WITNE~SSlh',_~_~_ ~_..- ,add< ,,;/ _~~~_ o....r C Ooblor Debtor (SEAL) (SEAL) (SEAL) ISEALI Oobler COUNTY OF ONTH Je> .. , t9...!!.:t, before me,lhe subscriber. personally appeared the above and in due form of law acknOwledged the above, lNOgmURE. OF MORTGAGE 10 be acl and deed, and desired the sa;ne might be recorded as such, named -l-;~;f...... and thai they 81 a acknowledge ffU:eipl 01 8 cerlmed true cOpy of the wri/len instrument. WITNESS my han al seal e day ::;(ear aforesaid. '~-=--iICT;;;Ri~t"Sr.PJ.. DIG 0, &MlrH, I<OYI,RY pUWC VOIIK. '/ORKCOUWI ..\.\t~\M1111ON EXPIRES Ji'N. 2.\ 1993 ~"",l;J.:,.r~tN.til\.~!t~&S T (lndlvtdualNotery) My COrnffilsslon EJ<pires I here ~;~[f~~~!~~t~~:J . ,,:,,:,,,t:"i'~C,tT'.J;;~"'(:f'-Y! '" "'1:>">~ '. ~~-r,,:,~~' ~".'.,....~,I,'- .', 4-O-'~''''',v,oS~'..~''f.:;''.t' ',~"'.~'~~: ':.:'. ~';.,...,-::- '.~~"\ This Mortgage was prepared by The York aank: and TrusfCOmpany, P.O. Box M9, York, PA t 7405, (7t 7) 843. .:::::.:.{~' . . :.J:l""..\<:,f .. - _ .:~~~.:t~?;~~1~j~t~:J~~# P.Q. SOX 869 YORK, PA 17405 BOOK 1M8 fAd05(; ..__ _'~______ __~...........____--=-_ """"" 1l!llUVI'.. 1"1.>1.1;I. ."'........ .... Account Number: ___~~ Mid<neSe>L\lQQQ. Car:.U..s.l.e._I'I'>~_,l].Ql.;L____ .--19S7616050049417 ANNUAL PERCENTAGE RATE. 10.S3 .... Address: .May vary on a qlJallorly basis as described below. Maximum Credit Limit: $ 20,000,00 nli<;; is our Agronnlcnt with you lor making on€! or moro loan advances to \1$ undur our Homo Credit Line Loan Account. MAKING LOAHS Wn CM usu our Home emdit Line checks to obtain loan ...dvanres Irort1 you. The lo~m a.dvanctJs will be made at the time you honor Ihe Home emdil Lmq ch%k drawn by us. W~ C3n also (lbt;lin from you loall advanC'ls to our checking nccount by lolaphono. In ordor to,oblain a loan advance by lp.lephonc, wo musl first fumi:;h your offi~ w:lh UlO inlorrnatiM you }l:lfJtlnst which will include (t) OUI' name, (2) our Home Credit line Lonn Account Ilumb\lr, (~~) our chnd<.ing 'JC:COllnt flllfnbor, and (4) any olhm inlormation yotl Ilmy m(jum:l. Only we (or one of us) enn write checks to oblain lonn advanoos. CHECK HONORING AND HOME CREDIT LINE LIMITS We promise that we will not ex(",Ocd our Maximum Credit Limit YOlr will hOrlor Homo Credil Line checks unless (1 J the (olal unpaid principal balance 01 all loan advances wlfjm tho Homo Credit LInE! lo.an AccQvnl cxooads nur Mmdmum Crodil limit; (21 the total unpaid principal balance 01 all loan advanccs under our Homq Credit Une Loan Ac~unt or lJrldm tmy othor loan .urangomonl we have wilh yPu, or both tog9thor, exceeds tho maximum limit pormitted undor applicablo law!:. thcn in effucl; (3) llle Ghed\ in your selo judgmol!r Is p~(dtlled, Irrngular (for example. a s]gnalUre is missing or un;lutholiZr;lrJ). lorg~d or altomd: \4} Yl)1I I,)r we h..'We LOmrill.11l?d Ulis ^'o1'r!Cmel't. or {5) to Ilu $0 would viotate any stalo or fedo/al law, rule or regulation. PROMISE TO PAY W~ premlsn 10 pay to your order when duo the lotal amount .of all loall ad..ances made by }'(IU to us under this Agreement, now or in th6' lulure. plus any finance clmrgB:h :md other charges noyt or In Ule fufure owed to you. All porsons who sign this Agreement as Borrower (and not as Nnnborrower Co.Owner) slulll be i'JinUy and sever<Jlly liable under Ihis Agreemont regardless of who makes tlm loan. PERIODIC ,STATEMENT Arm BILLING CYCLE When wo receive our periodic billing statement. it will show our provious balance, our new balance. the activity in tho account (including check ac\l..lly and tclephon~ Ir<!l1Siers) dming IhG billlng cycle (which is the time honl the billing cycle closing dale 01 our last perio,dlc billing s\alement to the billing cycle closing dale 01 our currant poriodic biUlng slalement). ch;~nge!'; ill your current Annual Percentage Rate and currenl Periodic Rate (as denned below). i1nd thl3 1i11csl dale by which you musl recolvo our p.,yr:trmt. This jJayment duo data is 25 days after tho date shown 8S 1110 bilJing cycle dosing date in tha sl:1tOl\1ent. The slatement llIay also contain (llhor'information , FINANCE CHARGE COMPUTATION See attached addend\l!ll' When Finance Cha/p'3 Begins. The finance charge begins to accrue- 011 the day you make a 10<-1n tlWOllCO to us under this AgroQment" which is lha d~y you honor the IMn adv<'IOCO. ,. . flow Fin.<J.nce ChafJIe Is Oelemlined. You figure the finance Chlllg<J on our acco.un! uy applying the Periodic Rale to the average daily balance o! our account, including curmnt transactions. PeriodiJ: Ralf) and Annual Percentage R;lr~, 11m Periodic Rate- at the datn 01 Ihis Agrooment is the l~hj~1 Periodi~-- Rille as stated at the top 01 this Agrel'1menL 111e corresponding Annual Percentage Rate at the dllID 01 this Agreement is the Annunl Percentage Rate stated at Ihe top 01 this Ag'Elt!ml.'l1\ Till'! AIlOual Pmccn\ngO' \lata har. been uelr:rmint'd banad on Iho NIIOTa!le Commc\ P.,irnt: F\ub-l plus 2%. The ?urlodic- ROlte is equal to \he Annu.:J1 Pmcenlage Aalu- divided by 12. rounding ofllO Ule nearest Ulou!:.<ll1dth. Variable Ra.le Feature, Tho Annual Percentage Hale and thus the porlodic Ram wi!! chango en tho Change Data il the Average Contract Prime Rate changes, The Annual Percentagct Rate will lncrcnse or dlJCre;>.sc by the samE' pE1rccnlngrt as lhe A..eragl'J C,ontract Prime Rate changes. The Change OalQ is. U1C fiu;.t bur;innss day of Ji1IIU;.JIY. April, July nnd Ol:IJ:,ItJcr vi U<lch yailr. nro AVe1;I~(l Contract Primo Rato is 0.19 average ollhe prime ralos as plrbhshcd in 1'ln1 W.111 Stlcel Jo~rrnnl. in Ul0 socHon called .Mono:, nales." on tile Inst bU:ilOasS day 01 each monlh In the quarler preceding the Chilllgn- Dale. This o'Vf:lmgl' io; cak.\lI;.,Im! by 3d,Jing togoth!Jt thc! UUTm puhli!>hotl mlm; and dividing tbo total by lhrE'O and rounding olf to the nearest hundredlh. This ch:mgl'l- will m:cur :Jutomatically, wilhoul prior notice 10 us nnd will f1pply 10 n!!W 10<1/1 ;u,lvnnct:s and to tho outstanding balance in our nccount rellO::l,;tivo 10 Iho lir~.l day of lho lJmllrg cycle uuriog which tllO cllOngo taUs. lllU!:.. tho Ann'J..,t PerC{1nlal/.~ Ram (and the Periodic Aate) may (I) Incro~sc if the Index iflcrCMI$. bul never abovu lhll maximum rale permitted by appfJcilbll<t law; Of (2) decwa.o;e rl Ula Indax decreases. Increases In the Periodic Rale (1) will lesult in an incrcasP.d cor/GSf'onding Annu<l1 Percent."1ge l1<1t<.t l'IIld Finance Ch<:rglt: ond (2) may result in an increased mimmum payment and .1n incroase In tlw number of paymenLo; nF.!Guc-d lor us to rep<ry th"l' balance of our Loan Account. II the Indax Is dIscontinued, you will selecl anolher publishud indwx tha! is as readily available to us as The Wall B!wcl Journal. How A~'erage Daily Bal.<J.nce Is Determined. To get lho ~avarage d<l.i1y balance- yoo tah.e the beginning balance 01 our account each day, add any new loans, and subtrac.t a.ny paymonts or credits and unpaid financa chmges. This giv~s ~'ou the daily bclunca. Then. you add up all lhe dally balances lor tho billing cycle and divide the lotal by the number of OnYS in tho billing t.yclo. This glvas you the -average daily balance." OTHER CHARGES !l you do not honor the- check lor any reason and rcl!Jm il, WI) agrM to pay you your stflndard tt:'turn ilem charge of $ t a which may change from 1imll to lime. The ch<lrge wl1l be posted 10 our Home Credit Une loan ACl;lOunt as of the d:Jto such items v~re presonled lor payment In addition, you will charga us lor your ae-tual eo,<:ts in connection wiUI making lhasa loam; to ur. .as lisled below. We lOay oiU,er pay Ihesa costs in C<lsh on the dale we srgn this Agrf.'flmcnt, or j'Ou will linnncc these chargf$ by IrmJtillg lhem as a IQan f1dvancl) to us under Ihis ^grc~ment on the fourth businoss day roUawing lite datI} Wit sign this AgroornrmL Other Charges PAID IN CASH FIN,I\NCED Credit Roporl Appraisal $ $ 0.00 \paid in Cnsh) $. $ $-.----..- $ -- ----,-----'--.- $ .----.-- $-_._-~ $ $.- (Financcd) Till() SeilJ"Ch TOTAL. 9234 {Sf89} $ ---------.-. ~.~~. $ -._'--_._~-_._~ $ ----~--- $,----~ $ $ Mortg,lyc> necording Fcc Mortgag" SatislactlOll Fee N01ary Fee Other $ 0.00 Total O\hor Charges 1:::. $15,000.01 lo-:tio.!JoO, F. $'20,OOO.Ot to $2&,{\OO G. $25,000.01 to $30,000 H. $30,000,01 Lo $35,000 l. $35,000.13 1 10 $,10.000 J. $40,000.01 to $50,000 $400 p':;r monlh $500 por nronlh $(;00 per monlh . $700 PCI' month ~OOO per monlh $950 par month O. $90/100.01 10 $100,000 -.;;,...~t^-,''''".... $2,000 per month In addillon 10 each min!rllum plllyment duo, we will pay immodiately any amount (hal is past due and any amount that eXJ;gePs cur Maximum Credit Umit. PREP A YMENTS Wo may make payments gr<;cllor Ulan tha required minimum payment at any time withoul penalty. o AUTOMATIC TRANSFE.RS II: (I) we havo a choclling ;'lc-.elJUhl with )lOll: (2) this box Is checked, and (3) lhnrl! is sufficienl money in Otlt ehecking account, !he payment 01 our minimum paymnnt (as dosclibed below) shaIluo tit means of an flulomalic transfer from ~ur checking account. This fealure is opl1cnal to us. CREDITING OF PAYMEN1S I Payments must be recelvod as indicatad in our periodic blllint;! slatoment no faler than 25 days alter tho date shown in ~lO slatemont as !he billing 'CYcle dosing date. At! p"ymen\s. must be accofnpilfllw by OIJr re-mlllant.o stub, which i5 tho top p01\ien <:>\ OUi periodiC billing slatemanl All paymOr\u; made in accordance wIth lh(l i(lstruclion:; on our pcrio~ric billing sliltl)mo?nl will he credited as of thO' dalO' recaived. All olhor paymenls will bo _credited wilhin a five dil~ pm iCld. APPLICATION OF PA VMENT$ Paymants received (illdulnn[J our prllpll;ymenls)_will be applied !c our account in Om milnner you doem advisable. SECURITY To give you scclJrily for aU Ih<:t sums we owe now or in lhO' lulura under lhis AOroemenE. we granl you_a mol1gage on cur hcuse at !he above a.ddr~S5 {a5 desctibed ir\ a rnon90'Y~ beh~~ell YOIl and us o<llud \1m name day as this Agtwmnnt}, and a tight cl !'.et-oll against all deposit acctlUfl\s and checking accounlr.: we ha'lG wil!) you. nClW or in the fulure, Collaleral securing olher loans wilh us may also secure loans under this Agreement. At -no lime during lhl!'. AgmCrtl~nt will lhell) bo 3r1Y l~n. mortgage or oncumbFanco on lhe hcuse aheosd 01 your mortgago except for lhose set forth In cur written appli<;aticn Ie :/Uti (;>.pprovnd in WIlli,,'\) by YOIl). PROPERTY INSUBANCE The mol1g<lQe requlies us to obtain and maintain prom-rly insu/lJnr,e against loss or damflge by fire, !rood (where required by law}, or ol/1erwise 10 the houso seculillg U'jls A~teemnnt in ;:JmC'unts and again5t rif\~ as you may re<1sonably require. We witt causs !he in!'.urer to name you as loss payee on lhe polity, so Ill'll prof'-Oed.. 01 our poney wiil also (10 $ecurlty lor ull sums due unclor Ihis Agreemsnl'. We willlum'rsh you with copies,cl the policIes Wilh all approj!ri;Jto Q"'dnr,;r~mcnls, ""hell-tf.lr you m'1(lo-,>( il or nr.:-l Tho [nr,umnca policy will roqLrire thfl int>uror to give you 30 days prior written nollce 01 ;lily amendmcllt 1.0 l)t plo:Jo!i:Jd lcrmlnnlion of thu inSUrflnCl] [)olicy Wo moy obtain this insurance UlIough any insurance ccmpany we choose., bul you have the right to rcluso to a,;-ecpt Ilny such lnsuranco company [lr pctley lor reasonable cal1SI3. INCREASE IN CREDIT LIMIT Ii we Increase our clCdil limit, you will ijle an add'ruanal mortgage lor Iha incre<2sed amount USING THE TELEPHONE TO TRANSFER ~lONEY We can uso tlw Inlnphono as tho means 10 !l<Jns[cr money inlo cur cheddng a(.:COUflt allogr we hava rurnished your oHice with !he lnformal1on you mquesl We may !'lot. nt\we>,<:lr, make any transler t<.J cur dle<;kirl.oJ account that woukl -eaw:;a cur !-lome Credit UnQ MAAimull1 Cmdil Umit 10 bQ e~ceeded. Your Uabillly. We will ban you AT ONCe.' it our periodic lO.t.UemOf<t shows telophone transfers that WQ did rIOt mak.<l, If we do not tell )'ou within 60 daY5 altar the titalcment WM mailed to us, we m;Jy not get uack any monoy wo lost alter the 60 days if you can prove lhal you could have stopped somcono Irom k1l<ing lh~ mcnl?Y il we htld told you ill lime, If a good ro~son (such Jr. ;-1 long lrip or a hO"-pilal !ltay)l:epl us rrom tofling you, you will extend the time periods. Address and Phone NlJml1~r. 1/ wo believe !hat somocna hilS lrnn$fenod cr may lransfer money lrom Qur account without our permiS$lon, we: must -can the Home Crault Un'l DeplJltmalll 717-843.8651 cr l.eOO.,635-4665 or wrile: ' The York Bilflk and Trusl C,ornpany Hcme Crao'it Line Oep;Htmcnt P.O. Box ass. York, PA 17405 -'70ur busine-ss days 8'8 Monday through Friday. HolidilYS are not includod. Account Information Disclosure. You wiU disclcse [l\ro.rma~Ort to thlrd patties aboul our HlJme Crodit Une Account or the transfers we make: (1) In order to verify the exislcnca and condition of our accounl for;1 third party, such as a credit bureau or merchant; or (2) In ordur lo ccmply wHh government agency or court orders and requas!!l of fedO'ral or Swlo banJ~n9 rcgulators~ ar (3) l{ we liNe YOll o~r millen pt!.l'misskm. UabJ'lity (or F::tilur(j to Malee TransfeJ's. If you do not completo a tolephOl'l!J' transfer 10- cur account on lime tor our Checking account check to cFear (provided we wro!(! tho chock altar tho business da}' foUowing our request for a lelophone transler), or in Ihe ,correct amOUnt according to your Agtflo::me.nt with <J$., you will he liable {ot OUT losses- bt d;;nmgons. Howl,J'-itlr. Ihero am some exceptions. '(00 will not be li-e.ble, lot instance, if~ (I) lhe lransfcr would go Oller lhe Maximum Cr(ldit limit; (2) circum5!ancas beyond ycur conlrol (sLlch as lira or HOOd) pro'Jen! lhe lransfer, delJpilC reasonabll;l proc:aulions that you have I<lken; (3) WQ oo(ault in t'!.lY'J 01 the t<;lrms and conditions 01 Ulis Agtl)ement; 01' --{oil you terminate lhe entire Home Ctedit line Program. ,_ ' In Case of Errors or QUQstions About Our ElectronIc Transfers. Wa musl telephone you at Ihe Home Credit line: Department 717-843-8651 or "800-635,46G5 or wrilu- yml tll: Tho Yor~ Bank and Trur.\ Company, 'Homo C1'tImt Ul'ltl Departmenl, P. 0, BOll 869, York. PA 17406 as soon as we CW'l, if we Ihink. our statement is wrcong cr if we need more information aboul a telcphonl1 transler listed on the sla!ement. Ycu mu:;t hear lrom us no later than GO days alter you SEmI Uf,> the FIRST slalllment on which the problem or error appeared. W@wil!: (I> TeU you our name and Harm.! Cl'1ldit Line Loan Account number, _ {'2) Describe \'ne error or the lransler we are unsure about, and explain as clearly as we can why we boHeYe It is an error or why we need more informaticn. (3) TeU you the dollar amount 01 tho suspeclad error. "we tell you orally, you may mquirs Ulat we send you cur complainl or quostkm in writing wiUlin ton (101 business days after we lell yOU on the lelephone YO\l will tell \1$ Ihe fOsults 01 'lour lnve!'.\1gation wilh;n ten (10) business days after you hear Irom us and will correct any error promplly, It you need more limo, however. you may lake up In 45 days 10 investigale our complaint or questicn. II you decidq to do lhi.s, you will recrodlt our aoc:ount within ~en {10) businC'3s tfuY$ lor lhll amounl >Nt) lhlnk is in error, so !hat wo will have !he use of lha monay during tho lime ll: takes you tc complele your rnvestigation. If you ask us to put our complaint or queslion in writing and you do not receive it wilhin ton (10) business days, you may not U1ctcdlt our aCCOl1nl. II you decide lhal \ht-re wetS no error, you wili SDnd- us 8. wrhlen cxpl,madon withIn three (3) busIness days allot you finish yoor lrwestlgalion. We may ask for copies of lhe documents that you used In your j(lvestigation, 9235 (51S9) (6) all or any part 01 Ih0 properly securing this. Agreement 1$ sold or translotred willlOUl )'1JLlr prior written consent, excluding the creation of a pur<:hM& money sacudl)' interest lor household applillll<')e~; Ihon, three (3) doys aftor you m(til notice to any 01 us of the occurr.efICIt 01 any or thll abovo. you, In addWon to aU other rIghts and rcmedies,nHlY Rl yalJ(optlon do My or all 01 the following: (n) dedare all sums owed 10 you under this Agrcementlmmlldlillllly duo lInd p;J}'able.; (b) lerminale your obligation 10 honor any Home Cfedilllne checks and mako lelephonlt Hoosiers; and (c}leduCtt our Mll~lmum Credil LimiL In such case we will pay all casts 01 collecllon or enlorcing any 01 yom "lghlS or remodies arising from this 1\greementlnduding, but not limiled to, reasonablq atlorneYf;' lees. The finance charge at the tale provided in Ihis Agreement will continue \0 accrue at all limes on aU sums due bUI unpaid to you. oven il the balance tJf the account is accelerated and both belelre and aller you obtain a judgment against us. II there ate more than one 01 us, you may proceoo ;)9alnst any 01 us on default and you are nol required to take any action against any of us or any ell the security before proceeding again!';1 .3ny olher of us. You m.3Y, wllhout our consent, madify, lele<Jse, seltJa, or compromise any of our obUgaUons 10 you or any securily for this loan, including without nmitation by extemsion. postponement 01 time of payment, or granting other indulgencos. TERMIr'IATION You may termlrmte your obligation to make loans to us under thls Agreemenl only if we default or if you terminate the entire program. by mailing written natice 10 any af us at least three (3) days in advance. In additian, we may terminate this Agreement by giving you wriUen nollce from either of us, sent cerllnad mail. return receipt requested actually reccivE!d by you at Tha Yark Dank and Trust Company, Hame Credit Line Department, P.O. Bax 8S9, York, PA 17405. Terminatian wrn Ilatln any w<Jy affect our liabilities or rour rights relaling to loan advances made belore \he dale 01 termination and all charg~s including withaut Iill,itation the financ:o charges, Insurance premlumt; and costs of collection even afliJr 1erminalion. INDEMNITY, RELEASE, UMITATION OF ACTION We underSland thllt we will ba responsible 101' 1111 Iiabilil)' (including wllhout lim~ation reasonable altorncy's rees) incurred by you III me honoring 01 any Home Credit Una clled<; wl,icll mny be irregutaf, rOfll/!'d or .altered. Na Ilc~on mol' blJ maintnined against you if brought mora lhan one year- ffOm Ihl> date of acaual 01 sucl1 cause of lletlclO. We waive me righl 10 a Idol bl'iury. APPLICABLE lAW Questions abaut Ihls ^areemonr will ba decided by Ponnsylvanlll IllW oppNcable to contracts OlCecuted in Ponn~y1vnnja regnrdlou at whCt1l Wll nYll or where the hausll securing Ihis ^gr&llmont Is lac:ltod, ond ,odorn! low wherCl llpplicablo. _ PLACE OF SUlT Any lawsuit betweon yau and us flied by UJ will ho begun Oflly In lhl> courts af 11'9 Cornmonwoallh of Pennsylvania or n Urllled Stallls Oislrlct Court tocalud In punrl$y!ynnl>:l. SOlVlc;ll 01 procelU on us mny bu by certified mall, return ~ipl requosted. al our Ilddrou shawn on your records. DELAY IN ENFORCEMENT You can delay enforcing your rights under this Agreement wilhOOl losing them or arrec~ng them. II you waive any defautt by us, your waiver wm nol bu a waiver 01 any subsequent dlllaull b)' us. u - CHANGING THIS AGREEMENT I Rate changes resulting from movement in thn Index wnt Occtlr aUlomatically, withaul prIor notlce to us. You can change the other lerms of this Agrellmen! at any time including, bUl 1'101 limited to. the billing cycle, the daily periodic rate, the minimum periodic payment end the payment due date, by nolily1ng us In writing Ell oW address shown -on your records. Except as provided by law, tho new lorms wit( apply both 10 flOW ICllI1 advoflcus and 10 \t1e outstanding balance In our at:counl. n we use our nomll Credit .Une loan Accounl altar we receiYII nOlice or a change In mo terms al 1ItJs ^gfellmenl, Wll sgrell \Q such change In terms. We wilt notily you Immedlalaly II we do nal agree tothechangeinlerfl1$. MiSCElLANEOUS All \Yl)rds used will be con51rulld 10 00 01 such gender Md number D.9 the circumstanC(lS IUqulrll. "Yoll" and "y1:lur" refenl to Tho York Bank Md Trusl Company. If only one Borrower sigtls below. the lerms "weR. "aur" or "us" shall be rllad 10 mean "I", '"my" or "mo~. nod sholl nat imply lhal any other person was required or expeclee 10 sign below as Borrower. Each or tiS (if moro than one) who signs below shan be obllaeted, alone and together, la pay lho talal amounts owed under our Hamo Credit Unlllonn Acroum. N1} plMwn 1110;:.,y us~ \he Homo Cledil lInft loan f\c1:.:ounl \lme" s\Jcl1 peTstm r;\grIs below as II BOlfOWOl. \I any purt 01 this Allreemel1t is lrNalld. \"ngal or l,lnenlorceabll!. Ihe r6sl wm nol be affected. This Agreflmenl logether wilh our Ilplllicatian shnU consll1ule tho enllro /lgrl!emenl belwolln you and us and may nOI bit modified or dJanged ol<ll1y. This ^o;Itllllment (:overs laans made pursuant \Q th(l Slilcondmy Mongagn loan he:.. Encl1 01 us acknowledges rllcolpl 01 a completod and lillod.h'l copy 01 Ihls Ag~emenl II MY 01 us Is signing os Nonborrower Ca-Owner 01 COUiJlerol, we agree lhal the Nonborrowct Co.Ownl!r is not liable on tho debl. bUl is agreeIng 1a lhe llrOvisions ollhis Agmement as they ulrea the CQllaleral. .Yas.-/ at: :./ , ~~".':.L . A..Ch,) Lz/L ,. P Vwo 'nereby aclcrJowlO<lge Md .!lgrlllllo lhelrlrms and Cllndllions set 100In on f,l -, ~ L~'4.. ~'::~~~~':~::::: ::".I'"'.~ii"ycr;' U"~. A,m'~", ""' Di~'"",, Ad:~~' U C ^~Pted by: n ,f1. I !,j~.L,;. _~ Uonbor;ow;rCI>Qwrn;r--- Address YOUR BILLING RIGHTS, KEEP THIS NOTICE FOR FUTURE USE (In mls nolicll "yoU- and "your" refers la the 8ortCllWr(s) and "we- end ~our" end ~us~ rcfers :0 The York 6ank and Trust Company.l ThIs no~ce conlalns Important !nlonnallon aboul yoLlf righls and our resP<lnslb~ltias under tho Fair Credit Biml1g hCL NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL If you lhink yoor bill Is wlorlg, or il you need more informallon aboul n lrall58CtiOn on your bRI, write us on a sepnrnttl sheet at the address shown on your bill. Wrile to us as soon as possible. We must hear tram you no tate{ than 6Q day, alw _ t..lf'\\ Y'JU ll\(l fu!t biR (lo wh\o;:h the ercor (lr pl"obtmn appoll<<ld. You can telephOl'lll us, ll\ll dot!\\) so w~1 nOI preserve ~oUr rights. In your leiter, give us the lallowing in/ormndon: _u_ Your name arll;f (lCCOUnt number. The dollar amount of lhe suspecled error. Describe tho ector and e:wplain, if you can, why you befievll mere Is an error. 1lyou need more inlormahon, d(t$CIlbe the item you nrenotsllreabout, U you hnVll nuthcr~ed us to pay your b~l automatir:.nlly from your thoclUng account.. you can Slop the payment (In any amount you think 15 WfOl1g. Ta Slap the paymenl your Illllor mUSI roneh us thretl blnineS$ dol'S belon) tho aulomatlc paymenl Is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE We mvst acknowledge your letter wi/hin 30 days, unless we have corrected the srror by then. Within 90 days, wa mUSI either correct the ettor or explain why we beneve the bill was oorrect _ ,. Aller we recolv." your leller, we cannot try ta corroct any amaunt you question: or report you as delinquent. We can con!lnue to bitt you far the smounl you question, including fiMnce charges, and we can apply any unpaid amount against your credil limit. You do n01 !Javo 10 pay any questioned amount while we arc invesligating, but you are 8ml abligated to pay the parts 01 yaur bill that are not in question . If we find that we made a mistake on your bill, you will nat have to pay any finance charges mlated 1(') any questioned amount. 1/ we did nal make a mIStake, yaLl may have 10 pay lfnance chargos. and you will have to mako up any missed payments on the questioned amount. In eilher case, we will Gond yau a statement 01 the amaunt you owe and the dale thaI iI is dUe. If you. /~i1 to p<ty the 31!1ount that we thin~ yau ~e we may report you as definquElflt However, if our explanation does not satisfy you and yau write to us Wllhrn ten days telling us thaI you still refuse to pay. we must ten anyane we report yau to Ihat you have a questian llbout your bill. And. we ll1ust 1?i1 you the nama of anyone we reported you 10. We musl tell any-one we report YOLl 10 that lha matter has been settled between us when il nnallYls. - II we do not follow these rtltes, wa cannol collact tha first $50 of tho quesuoned amount, even it yovr bHl was conect. 9236 (5/89) , I 79876 1 605 0029417 THE YORK BANK AND TRUST COMPANY ADDENDUM TO HOME CREDIT LINE AGREE!IENT AND DISCLOSURE STATEMENT This Addendum to Home Credit Line Agreement and Disclosure Statement ("Addendum") amends the Home Credit Line Agreement and Disc10sure Statement between you and us ("Agreement") to which it 1s attached. ItWe-",- "our" or nus" shall have the same meaning as stated in the Agreement and "yOU" shall have the same meaning as stated in the Agreement. We a,rree that our Home Credit Line Agreement and Disclosure Statement is. amended as f'ollows: Lifetime Rate Cap - In the section entitled "Finance Charse Computation," the subsection entitled "'Variab.le Rate Feature" is amended by adding the f'o11ow:lng: sentence: '- "The maximum Annual Percentage Rate will not exceed 18.0%." Accordingly. the second s_entence of the subsection ent.iU~.d nVariable Rate Featurelt is amended to read as follows: "The Annual Percentage Rate will increase or decrease by the same percentage as the Ave~age Contract Prime Rate changes. but the Annual Per-centaa'e Rate will never exceed 18.0%." Additionally, the seventh sentence of the subsection entitled "Variable Rate Feature" is amended to read as follows: "Thus. the Annual Percen tags Rate (and the Periodic Rate) may (I) increase if the Index increases. but never above 18.0%; or {2} decrease if the Index decreases." Additional Event of-Default - The following subsection {9} shall be added to the section entitled "Default and Remedies; Entire Sum Due. Collection Fees": 1t(9} at-tar you calculate the Annual Percentage Rate in accordance with the procedures described :in the subsection entitled "Variable Rate Feature" above. you determine that the Annual Percentage Rate on the next Change Date-will exceed 18.0%." Except as amended hereby. our Agreement with you. as previo_usly amended is unmodified and remains in full force and err-ect. You and we intend to be legally bound by this Addendum. Date: .rlllv?:fi j9RQ ~J~~ Bo~?;:d;il:,~~ Borrow r Ricli THE YO NonBorrower Co-Owner BY: 9449 (4Y89l 1l)~71724~:3tlSiH) . , ~tl-14-00 lG'SB,~~~MtttR AF-~~Ae~ i:f'::,,;}."I;:'~f:::;.' ' " qo'V - /b--' I 1 I'@ IA I ~,,~,:: " .' . . ....'nI'~F.!uo\ll1r; A....,....J..- ) ~_';HIoll_'".''' ru,,,,, __,,..,, ON" ." -. ." ."', ~'..... ,.' ,. .".' ,. ...,.... h.,," ...., .. ~. r .___...i.._ .... p _--,,~ .... c MMONW~AlT~ 01 p~NNmVANIA ;;: ~ V ,;:T~A;~E~'l~ : /~JfUmU~1 ~~~~D!~ oN r:::OMMONW(AtT1; Or r!:NN~..:'tV';''iI/. ~ OEf'J..llr.....II",;T or. ~.:o\'r"'il. ,',-: .... l)rM:'/ - '~~i~ ;----. "'-Fl """ ~~~~1fJf IltclC'ID"~19:) O. 0 01 '_~ ~:tS DSBl:)~ 1,~"Lp~ l...._........_....::.:; . MADE T!m ..l.lt.1L dlty of ~'1'c-.mp.r in the. year of ou.r Lorlll one t:hou-.:n<<rnine hUnd.re eiqnty...eiqht (19aSI.. ~ETWEElI RONALD L. dt?~ aM SHARON E'~ UPN'ER4 hUl'bb.l1d &nd. wj.tl!~ of 1412 ,~imme~n Ro.d~ C~11s1e. Cumberlartd count~; Pehnsylvani~; GrAn-to.:., '" - A II D MARY LOU RICH, husbtml1 .and tliife~ of !i B9 CaT~igle~ C~berland county, PQnn*Ylv&ni~. Grantees, "" FRANK M. gICH and 'So\.1:th ~1.dd.:Lesex 1\08.4, j~ = ~ '.1 =' = l:" 'WI~ESSEtU; tn.t in consideration of One Hundred Thirty-thr~e ThoUsand "nd No/100 ($0133,000.00) Dollar., ~n h.nd paid, the r&~o1pt wh.~eof i, he~eby acknowledged; the 8~la grantors QO hereby q~.rtt and cpnvey to ehe .&~d qrant..., their h.i~g and a~Gign.r'.S tenants DY the entlre~les: ~L that. cert&in tract or paro.l of land and premis~s ~ith ~ro~em~~ts th~reon @reCt&d, cituat&, lyino and b~1ng In the ~ahip ot South Middleton, in the CQunty of Cumherlan~ and Co-mmonwe.tlth gf t?etl.ns.ylva.n1.a.~ mor-e ~rt.ie'U.;t.at'ly desct;ibed as fo.tl0W1li: . , ~OUNOBD and d&scrib*d in ACCordance with A Plan prQparcQ by Carl D. ~ert~ R.S~, reao~~ed in the ot~ic~ Qf the Recorder ot pee~Q for Cumberland, County in ~~an ~ok 50, ~~q~ 22, a. folloWA! BEGINNtNG ~t a ~ailroad s?i~e set in the cen~~rline of T-t84, Middles~~ ~o.d, a~ cotn~r of tot No. 11 thenoe alonq ~ot NQ. 1, South 8~ dagrees 03 minutes 55 $~cond~ East 301.16 feet to an 1~Qn pLn, thence Along ~andl of Joseph Weaver, South 19 deqrce$ 24 minutes 30 seconds West 5~.56 feet to an iron pin, thence along LOt No.6, South OQ ~~~ree~ 5~ ~inutes OS seconds West 100.00 teet to a concrete monument, thence .lonq Lot ~o_ 31 U~~th e9 degrees 03 minutes S5 $econds West 285.72 feet to ~ railrOAd spi~e se~ in tho aGntorli~~ of ~684, Mlddle.~x Road1 ~hefice along T-GS4; MtQdlesex RQad, No~th co degrees 56 minutes os seeondt mas:t 151..10 feet to A rail.toa.11 .pike the Place of. !lEarN-NING. " CONTArNING..l.0054 acres and. :beinq cl.t$.s1qnat.ed as Lot. No.2-on t~. cbOv~ Mentioned plan of Lots~ aEI~a the same pro~i$os whiah konald c~ Matthew and JOAn V. Matthew, husbaM aM wife, hy beed d4t.ecS. June 30, 19S7 j' lI.nd ~deord.d in thQ Office at thD R.oor~er ot P~&dg of Cumberl~nd County, Penn&ylVa.!l.~A# .in Deed Book "T"; Volume 32,' JilAge 12.1; unto lOOKS 33 pm 430 w. got this FRX on-SarverR at: 03/1~/2000 dl>:OZPM ...",-;;<.. ~.~ PfB!:/Qr1. (J Pa<;le: 2 -, ,. ,0':/, ',,;' ..oI,~.,,\ \ '-", r-:': ,\ ' j Q~~14-Qs lS:09 PREMI~n AP~TRAOt ID~7172433399 -v , , \q [) ""J/ P~3/G3 '@ , onald L. Kepnor, one ~f the GrAnto~s h~rQin. Shatoh E. Kepher joins in thi& Deed for th~ purpose of cortveyinq any rioht, title nd interest' which .he may have in the premi~est if any. 6VBJ~cr eQ bUi141nq and usa re~tt1ceians eontAinea 1h priQr ~ed5. ~n the sAid grantor~ hereay cov~n.nt and ~~r.~ ehat they ~ll1 warrant ~BhB~ally ~h~ prQP~rt~ har~~~ CortVeyed~ IN W:r:'J:'N5:SS WHEU()F, s&14 Q:p:antors have hereunto set thuiL hands an4 seals the day and year first abO~e written. Sit;net1, sea.led aM Oel.1vered ~.:;(~. '''' ... (SE).t) onalCl x.. ~pner in the Pr...nee of ~(JAdY. I,~ ""'1" S arOn s. Kepn ... (SUL) " #rr':~.u-4~ post I do hereby oertify ~hat the p~ac1.. relidenee And e~~lete office address of the w1thin nam~d Orantes i. A?""" .. ........ ~a.., s M,"J~ 6,,\:iJ CC'-t-l.. r~ ' ...,,:0 ..f!''' i-'I 1988 .,~~ .~:: , Att.Otney or G~ntees Commohwealth of Penn&ylvania) 1 S:S. C~unty oE c~berlan4 , On th!., tbe 13eh dAY'O~ Dm~emb~r , 19S8~ b0~cre meJ the undersigned o~flcer: personally appea~ed Ronald L. KQPne~ and Sha~Q~ .. Kapne~, bu~hand and wife, krtown ~ me (or SQti~fAoto~ily provan) to b. the pc~~Qns whoee ~&m~a are ~ubscrib.d tQ the w1thin ifiGtFUmentt and 4cknow~edq~ th&t th~y executed the same for the pUrpGlea therein oontainsd. I L, I;~ WI';rNt.sS .5,,;,,",1 khool ~l~_ _ 1mb. Co... Pt. ..-,,,,,,,,I~ "{"",1"'1liIc~ ",j.,IH~ L~ "-." ';';"::;;., U1-<.D- _....bIII foL- -3. WHB:9.EOF ~ I hereunto set rrr';l ha.nc! lU'l.d Q~fie~all"~' . ,.' "..J.o"'"9' ~ ~::",~n;l .{ ~J,., ". 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',.>. . ..lt~~;t ..~ We got this FAX on 5.rv.rA at: 03/14/2000 04,02PM Page, 3 STATEMENTS OF POLICY Title 12 -COMMERCE, TRADE AND LOCAL GOVERNMENT PENNSYLVANIA HOUSING FINANCE AGENCY [12P A.CODE CH. 3Ij Homeowner's Emergency Mortgage Assistance Progranl Thc ~ennsylvania Housing Finance AgencyCAgency} adopts revisions to the Homeowner's Emergency Moagage Assistance Program (HEMAP) Policy Statement in chapter 31, Subchapter B (relating to policy statement on homeowner's emergency mortgage assistance program). . History HEMAP was established by the General Assembly with the passage of the act of December 23,1983 (pL. 385,No.91) (Act 91), signed into law on December 12, 1983. HEMAP is designed to provide emergency mortgage assistance to homeowners facing foreclosure because of circumstances beyond their control. Assistance is provided in the form of a loan. The amount of the loan will be sufficient to bring the home_owner' s. delinquent mortgages current, and in addition, the Agency may provide continuing monthly mortgage assistance, as needed by the homeowner, for a period oftime as prescribed by the law. Act 91 contains notice requirements that lenders must follow prior to foreclosure; prescribes procedures that a homeowner must follow in applying to the Agency for mortgage assistance; and prohibits a lender from conducting foreclosure proceedings during the appfication process. Act 91 requires repayment of the mortgage assistance loan, based_upon Hie financial ability of the homeowner. On February 21,1984, the members of the Agency adopted initial guidelines to implement HEMAP under the authority of section 401-C(b) of the Housing Finance Agency Law (35 P.S. ~ 1680.401c(b)), which provides in part, that the Agency shall adopt initial program guidelines and may revise the guidelines whenever appropriate. The members of the Agency adopted revisions to the guidelines on October 18, 1985, which were published at 16 Pa.B. 2126 (June 14, 1986). The members of the Board of the Agency adopted additional revisions to the guidelines on May 12, 1994, which were published at 24 Pa.B. 3224 (July 2, . . 199.4). Under the Agency's authority to revise the policy statement, the Agency proposed to make further revislons in the policy statement, theunifonn notice and the list of consumer credit counseling agencies. Notice of the proposed changes was published at 29 Pa.B. No. 1725 (April 3, 1999). Public comments on the proposed changes were received and evaluated. Many of the comments and suggestion have been incorporated into the final revised policystatement. In general, the proposed revised policy statemimt incorporates the amendments to Act 91, which were enacted by the act of December 21,1998 (P.L. 1248, No. 160) (Act 160). The amendments can be summarized as follows: . Reduces the amount of continuing mortgage assistance available to homeowners from 36 months to 24 months. . Places a cap on the amount of mortgage assistance available at $60,000. . Establishes a minimum monthly copayment for persons recelving continumg mortgage assistance of $25 per mortgage being assIsted. . . ...$ F.stabfj~h~s n mipimum -monthly :-f'payrnenl for _!i~r~{)DS who:'. ,,;.~,,'(' r;:"C"\-:>i"';cd :::; r-rF~.,'f..':l. fl foan at $25 per month per mortgage aSSIsted. . . Changes the formula used by the Agency to determine the amount of monthly mortgage assistance and the amount of monthly repayment from 8.35% test to a 40% test. Previously, a " I homeowner's contributionlrepaymenr was set in an amount which would not cause their housing expense to exceed 35% of their net household income. . Requires that the HEMAP mortgage be in at least 3'd lien position on the property and that no more than two delinquent mortgages can be assisted by the Agency. . Directs the Agency to redraft the uniform notice that lenders are required to send to homeowners who are delinquent in their ho'me mortgages. The new notice must be in plain language arid also contain the information required by the act of March 14, 1978 (P.L. 11, No.6) (Act 6). Lenders who send the new "combined" notice would not need to send two separate notices. Effective date The provisions ofAct'160 took effect on February 19, 1999, except for the $25 provisions which were effective on February 1, 1999. The Agency has until June 19,1999, to publish a new Act 91 notice. The revised policy statement is effective upon publication as a statement of policy in the Pennsylvania Bulletin. The new Act 91 notice (Appendix A) can be used by lenders immediately upon publication, but must be used by lenders beginning July 1, 1999. Prior to July 1, 1999, either the new notice or the previously published notice can be used. (Editor's Note: The regula\ions of the Agency, 12 Pa. Code Chapter 31, are amended by amending ~~ 31.201, 31.202, 31.204-31.207 arid 31.209 to read as set forth at 29 Pa.B. 1725; and by amending ~ 31.203 and Appendices A, B and C and by adding ~ 31.210 to read as set forth in Annex A.) BRIAN A. HUDSON, Deputy Executive Director Fiscal Note: Fiscal Note 39-9 remains valid for the final adoption of the subject regulations. Annex A TITLE 12, COMMERCE, TRADE AND LOCAL GOVERNMENT Part I. GENERAL ADMINISTRATION Subpart D. HOUSING FINANCE AGENCY CHAPTER 31. HOUSING FINA.:t'<CEAGENCY . Subchapter B. POLICY STATEMENT ON HOMEOWNER'S EMERGENCY MORTGAGE AS~STANCEPROGRAM ~ 31.203. Notice; application procedures (a) Before a mortgagee accelerates the maturity ofa mortgage obligation, commences legal action including mortgage foreclosure to recover under the obligation, or takes possession of a security of the mortgage debtor for the mortgage obligation, the mortgagee is required to give notice in the form set forth in Appendix A, subject to the following requirements: (1) The notice shall be sent by first class mail to the last known address of the homeowner and if different, to the residence which is the subject oLthe mortgage. The notice shall also be sent by registered or certiIied mail - - (2) The notice should be sent at the point the homeowner is at least 60 days contractually delinquent in his mortgage payments or is in violation of other provisions of the mortgage. ot:__ (3) A mortgagee is not required to send the notice required by this subchapter (unless the homeowner has cured his mortgage delinquency, by means of a mortgage assistance loan or otherwise)as follows: .. . (i) To homeowners who do not qualify for mortgage assistance under ~ 31.202(a), (b) or (c) (relating to eligibility for mortgage loan assistance). (ii) To homeowners who aremore than 24 months delinquent or in default for more than 24 months under the terms ofthe mortgage. (iii) If the aggregate amount of arrearages due to a mortgagee pursuant to the terms of the mortgage, withou(regard to any acceleration under the mortgage including the amount of principal, interest, taxes, assessments, ground rents, hazard insurance premiums, exceeds the SuIn. of $60,000. (iv) To a homeowner who has already been sent the notice and who did not apply for a mortgage assistance loan, or who applied for a mortgage assistance loan but whose ilpplication was denied, or whose.l1lortgage assistance disbursements were terminated by the Agency for any reason. (4) Unless the homeowner has cured his mortgage delinquency, by means ofa mortgage assistance loan or otherwise, receipt of partial payments of arrears from the homeowner, subsequent to the sending of the notice, does not mean that the mortgagee shall send a new notice to the homeowner prior to legal action being taken to enforce the mortgage. (5) A notice sent to the h<;lmeowner, while the homeowner was in bankruptcy, shall be valid and no new notice need be provided as a resultof any'discharge or dismissal of the bankruptcy petition or relief from the automatic stay. (6) A notice sent under this subchapter, in the form prescribed in Appendix A, shall be in lieu of any other notice required by State law. If notice is not required to be sent under this subchapter, the mortgagee may still be required to send the 30-day notice required by the act of January30, 1974 (P.L,)3, No. 6) (41 P.S. ~~ 401-605), kIlown as the Usury Law. (b) When the homeowner has been sent a notice as required by this subchapter~see Appendix A-by the lender holding the mortgage, the following apply: .. ., . (1) The homeowner shall arrange for and attend a face-to-face meeting with the mortgagee or a consumer credit counseling agency listed in the notice. The purpose of this meeting is to attempt to restore the delinquency of default by restructuring the loan payment schedule or otherwise. The meeting shall be held within 30 days of the postmark date of the notice, plus an additional 3 days to allow for mailing period. For eXaIDple, a notice mailed on March 9 is presumed to have been delivered on March 12. Therefore, the homeowner shall hold a face- to~face meeting within 30 days of March 12, or on or before April 11. (2) If the homeowner meets with a consumer credit counseling agency within the period specified in paragraph (1), notice <;lfthe holding of and date of the meeting shall be given within 5 business days oUhe meeting by the consumer credit counseling agency to known mortgagees holding a mortgage on the principal residence of the homeowner. For the purpose ofthis subchapter, it is the obligation of the mortgagor to notify the consumer credit counseling agency of the name and address of all mortgagees. A mortgagee may not pursue legal action against the homeowner's property for 30 days subsequent to the meeting between the homeowner and the cQnsumer credit counseling agency. _ (3) The con~un:;)r ~rcdit counseling agerrcy notice-see Appendix B-r.o~thc Ulortgagee wiII indicate ~-> ;.. ' that the homeowner may apply for homeowner's emergency mortgage assistance payments. (4) If after a face-to-face meeting, the homeowner/mortgagor'and mortgagee reach an agreement to resolve the delinquency or default as mentioned in paragraph (1) and if, because of -_'"l circumstances beyond the homeowner's control, the homeowner is unable to fulfill the obligations of that agreement, the homeowner may apply to the Agency or its authorized agent for homeowner's emergency mortgage assistance payments within 30 days of a default in payment under the agreement-previously reached. The mortgagee is not required to send an additional notice under this provision. The Agency suggests that the mortgagee advise the homeowner of this provision-at the time the forbearance agreement is arranged. Ifa consumer credit counseling agency is involved, the counseling agency shall notify both the homeowner and the mortgagee of this proviSion at the time the forbearance agreement is arranged. (5) If the homeowner Call110t resolve the mortgage delinquency or default at, or subsequent to, the face-to-face meeting, the homeowner may then apply to the Agency by filing an application "' for emergency mortgage assistance ,yith a consLlmer credit counseling agency. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist the homeowner in preparing and submitting an application. This application shall be postmarked or filed at the offices of the Agency or at a location designatec:l by the Agency within 30 days of the initial meeting between the homeowner and either the mortgagee or the consumer creditcounseling agency. (6) If the consumer credit counseling agency assists the homeowner in the preparation or submittal of an application for assisfance, it will, within 5 business days, inform the known mortgagees of the date of the application submittal. (7) If the homeowner does apply to the Agency, the Agency will notify known mortgagees holding a mortgage on the principal residence of the homeowner of the receipt of the application. ___ (8) The Agency will d(~termine eligibility for assistance within 60 days of receipt of the application, during which time no mortgagee may pursue legal action to foreclose upon the mortgage on the homeowner's principal residence. (9) Within 5 business days of making the determination Mthe eligibility for assistance, the Agency will notify known mortgagees as to whether the application has been approved, disapproved or if funds are not available. If the mortgagee does not receive this notice of disposition or determination with 60 days-plus 5 business days for notification-of receipt of the application by the Agency, or if the notice indicates the application has been disapproved, the applicant was determined to be ineligible for assistance or that funds are not available, the mortgagees may then take legal action to enforce the mortgage. (10) If after receiving an Appendix A notice the homeowner cures the delinquency or default with or without mortgage assistance from the Agency and the homeowner subsequently becomes more than 60 days delinquent, the mortgagee shall again provide the Appendix A notice before taking legal action. (II )If the homeowner fails to meet with the mortgagee or an approved consumer credit counseling agency within the period specified or fails to meet other time limitations in the subchapter, the mortgagee may take legal action to enforce the mortgage and the Agency may consider the homeowner ineligible for assistance due to the failure to satisfy the procedural time requirements. - (12) If the Agency determines that the applicant does not qualify for assistance, the following apply: :i) . The applicant ~ay nor :eapply fer as~ist:l::=c-:5~.r.~4.months from the date of determination under a mortgage unless there is_ a material change in the applicant's financial circumstances. (ii) An applicant who is denied a mortgage assistance loan may request an administrative hearing under 831.207 (relating to repayment). This request does not prohibit a mortgagee from pursuing legal action to enforce the mortgage. (c) Payments under the subchapter shall be provided for a period not to exceed 24 months, either consecutively or nonconsecutively, whether the payments are on account of arrears, continuing monthly assistance or any combination thereof, and may not exceed the sum of $60,000 on behalf of any mortgagor. ~ 31.,710. Periods of high unemployment. (a) Months of assistance available. The 24 month limit on mortgage assistance available under S 31.203(d), and the 24 month periods referred to in SS 31.202(d)(1) 31.203(a)(3)(ii), 31.204(c)(2) and 31.206(a) and (d)(2) shall increase to 36 months ifduring the month thehomeowner submits an application for assistance the Agency has determined that a period of high unemployment exists., ~~ _.~ ~ ~ (b) Housing expense formula. The 40% ratio referred to in S S 31.204( c) and (e) and 3 J .205( c )(3) (relating to agency review; and financial hardship due to circumstancesbeyond the homeowner's control) shall be reduced to 35% if during the month the homeowner submits an application for assistance the Agency has determined that a period of high unemployment exists. (c) Definition; declaration. There shall be a "period of high unemployment" if the average rate of unemploymeni in this Commonwealth equals or exceeds 6.5%. This determination will be made by the Agency on a monthly basis based upon seasonably adjusted unemployment figures for the most recent 3 months for whichthe data for this Commonwealth is published. If the Agency determines that a period of high unemployment exists, the Agency will immediate publish a notice to that effect in the Pennsylvania Bulletin consistent with this section. APPENDIX A Date_November 30, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice tha~_the mortQ:age on vol! home is in def~uIt. and the lender jnten~s to foreclose. SDecific information about ~the nature~ of the oefault is provid~ed in the attached pages. rhe HUMEOWNER'S MORTGAG!:,~ASSlSTANCE PROGRAM (HEMAP) mav be abie to help to save vourhome~ - -- This -notiC.e explains h()w the program works. _ _.__ To see if HEMAP can heiD. yOU must MEET WITH A CONSUMER CREDiT COUNSELiNG AGENCY WITHIN 30 DA YS OF THE DATE <YF'rHIs"NOTICE. Take this Notice with YOU when YOU meet with the Counseling Agency. -. - - --- , - - - .. " . The nam_~~ address and ohone numb~_~rC.onsumer Credit Counseling Ae:encies s_erving Your County are listed at the end of this Notice, [[YOU have anvouestlons. vou 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: containsjrnportailt 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 ADJUNT<YES DE suMA IMPDRTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVElENDO EN SU CASA. SI NO COMPRENDE EL CONTEl'lI1;>O DE ESTA NOTlFICAClON OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMAl'IDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO pOR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERQENCY MORTGAGE ASSISTANCE PROGRAM EL CUAL PUEDE SAL V AR SU CASA DE LA PElWIDA DEL DERECHO A REPIMIR SU HIPOTECA, ~ STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Frank Rich PROPERTY ADDRESS: 589 S, Middlesex Rd. Carlisle, Pa, 17013 LOAN ACCT. NO,: 6050029417 ORIGINAL LENDER: Dauphin Deposit Bank CURREl'IT LENDERlSERVICER: allfirst HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ~L1GIB_LE 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 ACTOF 1983 (THE "ACr'), YOU MA Y ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OFBEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. . - TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay offClreclosure 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, CON~UMER CREDIT COUNSELING AGENCIES-If you meet with one ofthe con'umer credit counseling agencies listed at the end of this notice, thelender may NOT take action 'against you for thirty (30) days after the date of this meeting. The names. address~-and tel~phone numbeJ:S -of desigt1~ted ~onsumer cTedit co~~seling.a~e.nc(e~/~r the county I, 10"..- in which the pronertv 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 ofy~ur int~ntions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see foiIowing pages for speCific information about the nature of your default). .Ifyou have tried 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 AssistanG.e Program~ To do 50, you must fill out, sign and file a completed Homeowner' 5 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 APPLlCA TION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER T]ME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME ]MMEDlA TEL Y AND YOUR APPLICATION FORMORTGAGE ASS]STANCE WILL BE DENIED. AGENCY ACTION-Available funds Tor 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 afterit receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requiremeh1s set forth above. You wiiI benotified directly by the Pennsylvania Housing Finance Agency of its deCision -on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF APETITlON IN BANKRUPTCY, THE FOLLOWING PART OF TH]S NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSrDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage AssisJance.) 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: 589 S.Middlesex Rd. Carlisle, Pa. 170]3 .. IS SERIOUSLY IN DEFAULT because.: A. YOU HA VE NOT MADE MONTHL Y MORTGAGE PA YMENTS for the following months and the following amounts are now past due: 8-25-99 thru 10-25-99 @ $349.35 per month Other charges (explain/itemize): Late fees $0.00 TOTAL AMOUNT PAST DUE: $1373.63 B. YOU HA VE fAILED TO TAKE THE FOLLOWINGACTION (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 AMOUNTPAS"iDUE TO THE LENDER, WHICH]S $1373.63, PLUS_ANY MORTGAGE PA YMENTS AND LATE CHARGES WHICH BECOMEDUE DURING THE THIRTY (30) DA Y PERIOD. Pavments must be made either bv cash. cashier'scheck. certified check or money order made pavable and - - -. ~- serU" to: alIfirs' bane 501.340 P.O. Box 17192 <\ iIl....= Baltimore, MD 21203 You can cure any other default by taking the following action within WIRTY (30) DAYS of the date oflhi. letter. (Do not use If not aoolicable.) IF YOU DO NOT CURE THE DEFAUL T-Ifyou do not cure the default within WIRTY (30) DAYS of the date of this Notice, the lender intends to exercise it's rie.hts t6- accelerate the mortgage debt. This means that the entire outstanding balance oflhi. 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 WIRTY (30) DAYS, the lender also intends to instruct its-attorneys to start legal action to foreclose upon your mortgaged prooertY. 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._ Ifvou cure the default within the THIRTY (30) DAY period, vou wiU not be reQuired to pav attornev'. fees. " . OWERLENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage.' ''-- RIGHT TO CURE WE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY perIod ana foreclosure proceedings have begun, vou still have the right to cure the default and orevent the sale atanv time uo to one hour before the Sheriffs Sale. You mav do so bv oaving the total amount then oast due. olus any late or other chames then due. reasonable attorney's fees and costs connected with the foreclosure sale and any roouirements 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 uever defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately ~ months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you Qefore the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. - HOW TO CONTACT WE LENDER: Name of Lender: all first Address: allfirst 501-340 P.O, Box 17292 Baltimore, MD 21203 Phone Number: (800)441-7202 FAX Number: (302)93~2927 CO'nt.C! Person: J. Hastings EFFECT OF SHbRIFF'S SALE-Yo)! sllOuld realize that a Sheriff's Sale will end your ownership of the mortgaged property and your rightlo occupy if. .lfyou'contiJ1Ue 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. ., _1-. . , ASSUMPTION OF MOR TGAGE- You mayor !1lay no~~ (CHECK ONE) sell or transfer your home to a buyer or transferee who wiJI assume the mortgage debt, provided that all the outstanding payments, charges and attorney's rees 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 DEBTOR TO BORROW MONEY FROM ANOTHER LENDiNG iNSTITUTION TO PAYOFF THIS DEBT . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME PCfSITION AS IF NO bEF AULT HAD OCCURRED, IF YOU CURE THE DEF AUL T. (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 ASSE'RT ANY OTHE.ltDEFE.NSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDEKTHE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Name of Counseling Agency: Signer and Title: Telephone Number: Address: APPENDIX C PENNSYL VANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY American Red Cross-Hanover Chapter 529 Carlisle St Hanover, PA 17331 7I7-637~J768 FAX 717-637-3294 CCCS of West em PA 2000 Linglestown Rd Harrisburg, PAl 7102 717-541:1757 717-541-4670 Financial Counseling Services of Franklin 31 W.3"'St Waynesboro, PA 17268 717-762-3285 ~ Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 717-334-8326 __ "_1-.7' Pennsylvania Housing Finance Agenc)i(Marcia Hess) 2275 Swallow Hill Rd, Bldg. 200 - Pittsburgh, P A 15220 412-429-2842 FAX 412-429-2835 ., Action Housing~ lnc 425_6'" Ave, Ste 950 Pittsburgh, P A 15219 _ _ _____ 412-391-1956 or412-281-21020r 800-792-2801 FAX 412-391-4512 cccs of Western Pennsylvania, Inc 309 Smithfield St PittSburgh, P A 15222 412-471-7584 Urban League of Pittsburgh Bldg for Equal Opportunity One Smithfield St PittSnurgh, P A 15222-2222 412-X27 -4802, FAX 412-261-5207 CCCS ofWestem Pennsylvania, Inc 217 E Plank Rd Altoona, P A 16602 814-944-8100 8]4-944-5747 Credit-Counselors ofPA 401 Wood St, Ste 906 Pittsburgh, P A 15222 412-33-8-9954 or 800-737-2933 FAX 4T:2,338-9963 Indiana Co. Community Action Program 827 Waler St, Box 187 Indiana, PA 15701 724-465-2657 FAX 724-465-5118 ... . l ALLEGBENY COUNTY Mon- Valley Unemployed Committee 120 E 9'" Ave Homestead, PA 15120 412-462-9962 Credit Counselors ofPA 401 Wood St, Ste 906 Pittsburgh, PAl 5222 412-338-9954 or 800-737-2933 FAX 412-338-9963 Community Action Southwest 22 W High St -Waynesburg, PA 15370 724-852-2893 Housing Opportunities 1337'" St, PO Box 9 McKeesport, PA 15132 412-664-1906 FAX 411,.664-0873 ARMSTRONG COUNTY ~ .. -' t:., VERIFICATION I, Norman F. Hudson, authorized representative for Plaintiff, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage ForecIosureare true and correct to the best of my information, knowledge and belief. ~~ lv (' ~ ~ -..(:l Lv N '-> (J' 1 ~ o ~ ~ h. () ~ \) ~ I F!(i? ~l- ~ o 0 c:: 0 $: .::x -00'.0 ~ n1rn =:0. <-:::'0 ,~, Zr-- ''V' Ul~e: ("V ~b -;> ~~o );:8 ~ ~ ~.;-~ "'-""1 " ::r "'" (') .." ::-1 t41FQ -'......11'1 ::.:,':; .......1 , ~CJ ?~) :;j zg o =n! Or:; -< @ .;::- SHERIFF'S RETURN - REGULAR CASE NO: 2000-01742 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AIiliFIRST ET AL VS RICH FRANK M ET AL SHAWN HARRISON , ----.-- Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RICH FRANK M the DEFENDANT , atu0019:21 HOURS, on the 31st day of March , 2000 at 589 S MIDDLESEX ROAD CARLISLE, PA 17013 FRANK RICH by handing to a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time. directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: r~rA~~t R. Thomas Kline 04/03/2000 JAMES, SMITH, Sworn and Subscribed to before By: me this /I ~ day of . ~;2 'mv .. A.D. .. (2 Th,.Q O.~ . . . Prothonotary' ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-01742 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALLFIRST ET AL VS RICH FRANK M ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to 1aw, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT RICH MARY LOU but was unable to locate Her in his bailiwick. He th~refore returns the COMPLAINT - MORT FORE ., NOTICE , NOT FOUND , as to the within named DEFENDANT , RICH MARY LOU MARY LOU RICH IS DECEASED, Sheriff's Costs: Docketing Not Found Return Affidavit Surcharge 6.00 5.00 .00 10.00 .00 21.00 ~ R. homas Kli Sheriff of Cumberland County JAMES, SMITH, DURKIN 04/03/2000 Sworn and subscribed to before me this J)~ day of~ 02-0-0-0 ~ A.D. ~ . . ...L.. C'. 'Yvt1 00.. ~ Pr t onotary ~ ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST f/k/a THE YORK BANK AND TRUST COMPANY, Plaintiff, vs. FRANK M. RICH and MARY LOU RICH, Defendants. TO; DEFENDANT(s.) YOU ARE HEREBY NOTIFIED TO Pl.EAD TO TIlE ENCLOSED CQMPLAINT WITHIN TWENTY (20) DAYS FROMSE VICE HEREOF ORA DEFAULT JUDGMENT J HEREBY CERl'lFY TIiAT1HE ADDRESS OF 1HE PLAINTIFF IS: P,Q.llox 17292 Baltimore, MD 21203 AND mE DEFENDANT(S), 589 S. Middlesex Road Carlisle, A 70/3 , ATfO . CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL IJST ATE AFFECTED BY TIllS UEN IS . 589 S. .i 1<11) x.R arlisle, PA 17013 , ATfO / CIVIL DIVISION NO.: DO- /1'-1 ~ CUl{ T~ ]'YPE OF PLEADING crVILACTlON - COMPLAI~T IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Allfirst f/k/a The York Bank and Trust Company Plaintiff, COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. l.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP . P.O. Box 650 Hershey, PA 17033 . ('117) 533-3280 . . Y FROM RECO~O TRUE CO! l \ heie unto set my tl?nd In T es\\mOnv w..eren , C' Ie Pa. nno t\ill 58<1\ 9fsaid Co at aT , Tnl ...,~av , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST, fJkIa THE YORK BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: vs. FRANK M. RICH and MARY LOU RICH, Defendants. NOTICE TO DEFEND You have been sued in court If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you 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 fOI_any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. ILYOU SHOULD, NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOP CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 Phone (717) 249-3166 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST, flkla THE YORK BANK AND TRUST COMPANY, .. CIVIL DIVISION Plaintiff, NO.: vs. FRANK M. RICH and MARY LOU RICH, Defendants. A VISO USTED HA smo DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en Ias siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y A vise radicando personalmente 0 por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falIa de tomar acnioncomo se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIA TAMENTE. SI USTED NO TIENE UN ABOGADO 0 Nb PUEDE:P AGARLE A UNO, LtAME A VA Y A A LA SIGUEINTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. - LAWYER REFERRAL SERVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 , IN THE COURT OF COMMQN PLEAS OF CUMBERLAND COUNTY, PEN:NSYLVANIA ALLFIRST, flk/a THE YORK BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: vs. FRANK M. RICH and MARYLOU RICH, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes AlIfirst, flk/a Dauphin Deposit Bank and Trust Company, by its attorneys, James, Smith, Dtitkin& Connelly LLP, files this Complaint in Mortgage Foreclosure as follows: I. The Plaintiff is AIlfrrst Bank, a Maryland state-chartered commercial bank, authorized to conduct business in the Commonwealth of Pennsylvania, and formerly known as The York Bank and Trust Company, with a principal business address of P.O. Box 17292, Baltimore, Maryland 21203. 2. The Defendants, Frank M. Rich and Mary Lou Rich, are adult individuals whose last known address is 589 S. Middlt::sex Road, Carlisle, Pennsylvania 17013. 3. On or about July 26, 1989, Defendants executed a certain Home Credit Line Agreement and Note ("Note") in favor of Plaintiff in the original principal amount of $20,000.00. 4. On or about July 26, 1989, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage intne original principal amount ~ of $20,000.00 on the premises hereinafterdescribed, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on August 15, 1989, in Mortgage Book Volume 948, Page 1056. A true and correct copy of said Mortgage containing a description of . . the premises subject to-said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid mortgaged premises. 6. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about November 20, 1999, Defendants were mailed combined Notices of Homeowners' Emergency Mortgage Assistance Actof 1983 and Notices ofIntention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974,41 P.S. SL01, et seq. True and correct copies of said Notices are marked Exhibit "B", attached hereto and made a part hereof. 8. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest through 3/20/00 Appraisal and P & J Report Attorney's Fees Title Search and Costs $19,544.10 $ 1,209.98 $ 260.00 $ 1,000.00 $ 2.500.00 TOTAL $24,514.08 plus interest on the principal sum ($ I 9,544.1 0) from March 20, 2000, at the rate of $4.69 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. 9. Pursuant to the Fair Debt Collection Practices Act, 15 D.S.C. S 1692 el seq. (1977), Defendant(s) may dispute the validity ofi:he debt or any portion thereof. IfDefendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, ifrequested within thirty (30) days of receipt ofthis pleading, Counsel for Plaintiff will send Defendant( s) the name and address of the original creditor if different from above. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of$24,514.08, with interest thereon at the rate of$4.69 per diem from March 20, 2000 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. CONNELLY LLP BY: Scott A. Dlette ick, Esquire Attorneys for Plaintiff PA I.D. # 55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. , ......'.........~ . ,_ Ju 1 v 26; 1 1~_ 89 . between the undersigned Frank M. "Rich ~ Mary Lou Rich - - - __ - {he1elnallar. whether one or more called "Dabtar"}ll.l'\d "rHE YORK BANRAND TRUST COMPANY (I1areil'\aftar. caned "Bank". . Deblor Is Indebted \0 Bank. under a certain Home Credit Une Agraam~ml ami Q\sclolOoure Statement bearing even dale herowlth (herelnalLer called "Agreement"l' p.ufsuanllo which Oebtor has Rrom~e~~~ \0 the orcler.m tt~.nl< Itl!;! outstanding balance due untler U1El Agreement fneluding amounts borrowed up 0 the Maximum Crli;ldilLTmll of $J..W . Dollars ($ .:.GU..J.!.ll!..llL-) as defined In 1M Agreement. The Agreement prO\'ldas lor the payment 01 the debt evidenced thereby together wit 1nterest thereon al the rale provIded In :Juc:h ^sroomontln th~ ml'lnner and allhe LImas. therein sat forlh and alt olhOl charges .and cosl.s; of coIlBcl!on. and contains corlaln olhor lorll'lS and condW<ins, all of whIch are specW.calJy jnccrpora!ed haraln toy reference: Therefore, Deblor. as security lor an sums owed under-saId Agreem-Elrlf. now or (n 1he future, including WIthout limitation the debt and lnlerest, and any modification. e)(\ons\on. or renewal thereor. hereby does grant and convey unto Bank-.lls Sllcce-S$or.s.and as!>.!gn~ All 'hat cettaln premises (collectively the "Mortgaged Premis~") known as -~q :-1"11 -h Mlrt-tl~ ~ O:lrl1o:;ll'> m {addr9ssj, beIng more fully dt'scrlbed by meles and bounds all Exhibll MA" herolo. logelher wllh all present arn1 IUlure buildings and lmpralJemenls Ihl1retm and righls appurtenant thereto. . Under and SUbject to any present mortgllges of record, to have and to hold tho same. together with the appurtenances tharelo, unto Bank, Its suceessor1l and a!lSlgns forever, subJecl as aforesaid. I Provldod howevor, thalli: (al Deblor shall pay to Bank all sums owed under the Agreement and (b) the Agreoment Is termlnaled, then and In such QVenl thls Mortgage and lhe 9s1a e l'1ereby gronled and CClnV9ltld shall become void. This Mortgage Is executed and delivered llubjecl 10 the 10 lowing covenanlS, ccndUlons and agreements.: _ < I J Deblor shall pay all laKes, wal1:lr and sewer rents and otller charges assessed or levied on or which become a Hen upon Ihs Mortgaged Premises and shall furnish receIpts thetelore on request; Debtor shall comply with all appllcable laws, keep lha Mortgaged Premises In good condition, and repair Ihe Morlgaged Premises as necessary, but shall not caUse any malerial change thetelo wllhoullhe prior wI\Hen epprOlJa\ of Bank; Debtor shall P<'lY and dischar,glll all mechanJc's liens; Oebtm shall make all paymanls owed under and lully -comply with all lerms and condJUons Df any prIor mortgage on !he Mortgaged Preml$E1s; Debtor shan not, wHhoullhEl prior wrillen consent of E;.ank, transler or aUompt to transler all or any part ot the Mortgaged Premises under and subjeCtla this Morlgage. - (2) On the occurrence 01 a default as proVided under Ule AweemonL or lailure of Deblor to pertorm any or lhe oUler terms, conditions or obllgalions of the Agreemenl, any other Indebtedness 01 DeblOllo Bank, or 'Lhls MOr1g"ga, In addition 10 all other righls and remedies Bank has allaw or equity, an sums owed under the Acireement, Including wllhoul Umllallon accrued inleresl. late charges, and insurance anti other charQ&s. shaJJ al Ihe option of Bank, and wilhout noUce or demand. become Immedlalelx due and payable, and loreclosure proceedings may be brought forthwllh on thIs Mor1gage and prosecuted to judgment, SKecttnOn and sale for the co~ec(lon of the same. togelher wilh costs of colfecllon and reasonable attorne-v's- fees of 18% of aU sums owed, including but not JlmltEld to those amounts due by acceleration. or. rn lieu 01 foreclosure, Bank may laka posse$slon of the Mortgaged Premises and enloy all or the rignls and privileges of the Deblor, . (3) SubJecllo !he r\{!hls of any prior mortgages, the proceeds of any conclemnalion award are hereby assfgnea am! shall be paid 10 Bank, and Ban,\( may apply stich proceed; to repay all sums owed by Oeblar to Bank under Ihe Agreement (4) Debtor will obtain hazard Insurance to cover all buildings and Olher lmprovemenls Ihal now are or In lhe h.!\ur, will be localed on the Mortgaged Premises. The tn!Jurance mlJst cover loss or daITIagEl causod by fire, hazards normally covered by "exlended coverage" hazard insurance policies and olher hazards forwh1-ch Sank required coverage. The Insurance musloe In the amounls, for rhe perlods 01 Ume and in a (orin acceplabfe 10 Bank. All 01 the lnStJrance policies and renewals must include whal Is known as a "slandard mortga~o clause" to protect Bank. Debtor may Choese Ihe Insurance company, subject \0 Bank's approval which $hall nol be unreasonably wllhheld. If Bank requires, Deblor will promptly give Bank all receIpts of paid premiums and renewal notlces lhat bebtor recoJves. - II there Is a 105s or damage \0 the Morlgaged Premises, Debtor will promptly namy the Insurance company and Bank. The proceeds 01 Insurance will be used to e/lher repi!iror 10 raSlara the damaged Mortgaged Premises (0 lIs prior coMillon. Ot to rel?ayall sums oVled unde.r the Agreement, at Bank's option. (5) Debtor understands and agrees that this Mor'gage secures luture advances made t:Jy Bank undor lho Agreement. The lien crealed by Ihls Mortgage shall relate back to the dala of lhls MOr1ga:;Je with respect to all advances made La Deblor now or in the lutJ,lre under the Agreement. 16) 0 If this box 15 checked, a Certdomlnjum-Rlder {which is allached \0 this Morlgage) shall become a part ollhls Mortgage, II this Mortgage is executed by more than on. e person, lhe underlal-Jngs and liability ol the undersigned shall bejolnL and several. WITNE\S ""d~.~xecu(/.nn, ',~' and/", h."ol. La,..! /t<', '- t/ llll,t~t \-v '. n."" ran c ;1 _ Qabtor ,,-,- Oebto< Made (SEAL), {SEAL) (8EAL) (SEAL) olibra' COMMONWEALTH OF PENNSYlVANIA: COUNTY OF t-fv . DAY F _ /. . . _ , HL#." be/ore me, lhe sub8criber, personally appaarad lhe above named ~ &- and In. due lorrn of law acknowtedgoo lhe abo'le INDENTURE Or MORTGAGE: to ba Lc.--I-- act and deed, end desired the sarna might be recorded as such, and that they a 0 acknowledge recelpl of a carlftre"(\ true copy.of Ihe wri!lon lnstrument ~ WITNeSS my hand and not a day "~~eli!.r aforesaId. ~...........--,. :. ..... _ llOH>Ri.~~f:Jl-L G;UC\.4Mlnl,,.,rMYPUWO My CommIssion EKplres YOI'tX.lX9.'!;~\~, JY!' " 1993 !.Iy COMMlna\~, "', = ~. , .'~~'~.~'r,l"~\'nl}.o'Iltj.'1-.4~I~es T (IndMdtlal Notary) '""fth~ the address ollhe Mor1gagee above named Js, THE y N~~F~1ST C~7 _ By, .. JtL Lt On Be . II ot the Moltgag a , P.O. BOX 869 YORK. PA 17405 'f~t~~;~;'~(~;".. ... l' ..~,\t,.., ~_J,,,~~~...,!'v~-:, ;\t~r ~ ~~..\. ':#--;.~~!' . . :j 1i' '~i "~;"'."r.j';'~I/1f';I':."'(<':.:f'i/ .. .1'...,."*'.:..-' ......;.;<'"~\'I.' .'_ ~.jI,.'}'.f-p,'I.""'.,;~,~{,",,,}~, .", ';-'-,'.) ::, ~'->' '".', li" , ,(717) 843- "):,~. .:.,"':..;:~-;~r '. :t.:'lo~ ..... .<1-!<i:.~.,;:.."Ji.!' ':~ C:?::::.1)..i;:~'. This MOr1gage was prepared by The York Bank and Trust Co",:pany, ,0. Box.869, York, PA 1740 BoaK [J4B fAG[ 105[; Addre!iS: _~_~~~mc Road Ql.rl ,-"Joe_ rIL-U01:J____ ACCOl.ml ~Jul1tber; --1JJ},7616050Q2?JJJ..__.._."",,-~. ANNUAL PERCENtAGE RATe" :lQ.83 " " """""II ",IUUII. (.,.III,l. ....v..) ~Ma)' vWl on a quartotly basis as. desCfiboao b\l.low, Maximum Credit Limit: $ 20,000.00 liliS is. ('Alf Agf~cn\Emt wilh yo\! 101 rnaWnt1 ono Of ":010 lo;m athl3.nl:.u$ to \Jl'o um:lOf oIJr Home Crndit Una LQan J\CCO\.Iflt. MAKING \"OANS Wo can use our lloma Cmdit Lk1e ch~"n 10 obtain loan nd\'ancas flo,., '{ou, Tha 10<ln adV;:lnClJR will be made at lhe lime you honot Ihe HOOle Crr.diJ Un'1 check O(aWfl by us. WI) cml also (J1J1;)ill Irom you IOEm Hd\'allC'lll 10 om chcclting llccount by telephono, In ordor to oblain a 10<ln advance by t<l!l)phonc, WI} musl first furnish your ollicl) with 1110 lnlurll1<1lion you roquosl which will include {lJ our nama, {21 our Home Credit Une Loan AccoUnl nUlllbll'l. {31 our chnddng OCCOUI1! llUlnbof. and (4) My Olh~r inlormalion you may request Only wo {or one 0 us) CIln wrile checks 10 obtain loan advilnces. CHECK HONORING AND HOME CREDIT LINE LIMITS We promise lbal we will not oj/coed our Maximum Credit LimiL You will honor Homo Crodit UnO' checks unless. (1j the total unpaid principal baJancG 01 al[ IMn ad\'3ncas u'ldo1 lh!1 Homo Cwdil UI'lI, tOi:lT1 Acc.,l.lnl oxcE:tQd$ our Milximum Cwdil limit. {~) Ihe toml unpaid Pf\ncipa\ balanc.e 1)\ all lean a(j"ancur. undor our UornG Credit Uno lo;ln AccOl.lnt or under i.\!'J)' ot!lor toan un'l'lr<gonlOnl wo have wilh yOU. or OOUl IOQelhor. exceeds !.he maxImum lunit porm/tled undor applicable lawn then lrl e/feCl; (3) ,Illll chad, in your tot'lr,r jUdgl~J(WI is posllJf.ltod. ;rroyular (for example, i] GignClttlre is missing or unaulhOli~rJd). lorgod [Jr altered, (4) you or W~ h;;lvt} l.cJtnlill,:lltro lhis AgmtJllllmt, or (5) 10 do so W!lVld violalo any slato or fe~or~ law, ruler or rogulalion. PROMISE TO flAY Wrt promlsa to pay to yOOf Otdt::t WhEIll d~IG the total ~maunt of aU kM11 advuncas. n'I<1da by you to us undor thIS Agreement, now Of In !.he Mure, plus any IinanCG cllmgl~. ;1nd olher charo~s now or In 11m Ivlllre owed 10 you. All [mrsons who sIgn IhlS Agreement as Borrower (and 1'101 as NOrlborrower Co.Owner) shall bo jeinlly and severally lI<ll>la undl'!r lilts AOlcarnont n::gardless af l/lho makes till) loan. PERIODIC STATE.MENT AND 13tLUNG CYCLE When we receive our pl1riodic bUling slatemant. Il will l!.OoW ol,lr previous h3!anC>1. aUf new ba!.mco. Ul.Q activity In tho account (mctuding check activity and lelephorll? tmnslers) d(lrlng Ihl1 billing cycle {which is the lime 11(l111 the billing cycle closing datt! of our fast periodIc billing statemenl to the b~iing cycle clo:~lnQ dale of ollr curmnt periodic billing sliltel1lolll). cll:~ngq$ in ~'our cumml Annu.;ll Percentage Rata <lnd cumml Periodic AalD (as defined below), nnd lhn )81,1SIOOle by which you mus! rcooivc our pilym~mt. I'll;s paymenl oue daln is 25 days ollor Iho d,lle shown as lhe billing cycle closing {lute in jhe stalOl'li6111. The Slul~l11nn1 may als.o conl..!n olhOl jn\Olfllal\on. FINANCE CHARGE COMPUTATION See attached addendw:n. When FinIJrlce Cluugl1 Degins. TI1C IlnallCe charge hegins to aC1::fUe on tlte day you make a loon ndvZl(lClJ 10 us undor this AgreQ,menl.. which is Illn di'l)' you honor the 10Lln :ldv<rnco, . Now Finance ChQ,fge is Do/ermined, You ffgura the financa chmgp. Of1 our aCJXIufll by applying the Periodic Rata to !.he average daily balance 01 our accounl. including current transaction:!. Pt:trTodic Rolo (lIlO Annual Percentage Rill\). Thll PlJnct!ic fl,.'\9 Ol\ \he dale of this ^91Mmcnt is. lho Initio.! Perlocf(c. Ra.t.r;r as stated al thl! lOp ot Ihls Agrt>nmenl. The cO(l'esfJondlr\g Annual PerconlOlg6 Rat<a at the date or Uli~ Agrcemenl is Ule Annu:.ll Percafllage Rzlta staled al lhe lop of lhis Agleament. 1hft Arlnu:l! Parconmgo Rato hM be~n tlcwmlinod 0:.'150<1 Oil III'J Average ConlrflCl P!iI1lV Htll<il plus ~", The Poriodic Rate is equal 10 the Annuol Porcenlago Aa!!.! divided by 12. rouncflng oll 10 the (mares! th<,)~IG;lrldlh, Variable Rale Pea/ure, Tho. Ann'Jal Pefwnl.aga Hale and \huz \l~e Periodic Rate wm chal'lgo 1.:1'> \he Change Dale il the Average Contract Pnme RiJle ch~ngDs, The Annual Parccnlago Rala will increflsQ or dflCtP.<($O. by lh<l same porcC(llilgo as lho Avorage Contract Prime Rale changl1s. The CJ1Mgo Dala. Is 1110. fitst pur,inn!';s clay 0/ J,;I1UoJJY, April. July :md Odr,.lll.lr 01 (Illch yom. nm ^Velngll Conlract Primo RatG is the aWHi:lga of the prime mlflS as flubllsht.0 in ThQ WuII. Sheel Journnl. ill tha section c;JUad "Monoy natas: on the lusl 1:'t.-:..'i!Il)Sf-l d<JY 01 oF,Iach monlh in fhe quorlor proceding lhe C.h,mgc D<1\o. ihi:;. iJWml\ll?' 1<;. cnk.l1lmml by tJdJlfll) logolllflr lho thwfJ '''lilliS-had mhl!> nnd divil1in9 Ul13 tuln\ by Ihreo and rounding 011 10 1he nealU$l humilndth lhis c..hm'9t1 will ("Y,:llf :m\OI't\.\!!cnlly, WIl\lO~ll I'll(\{' n<.ltk;c \0 ~{!> find Vl(\\ "NIt, tu !\~IW loan w.hrm'ho:!s- and 10 th(t OUISt.;ll'\dil'\g balwlCll in OUf :lccounl retroaclive to Iho tirr.t d<lY 01 ~10 billing G)'do during which LtIO dlangQ laUs. .rlms. lho AmllJ..u Poroonlagfl flalu (and the Porloelic Ralo, may (II 1flcrc:as~ if the lndp.)( irlclcases:. blll never abclVo thO' maximum rate- pcrmilled by applicablo bw; or (2) decrcH.GG. if tho Ind(;lx dElCloases. lncrea!;o$ ln the Perlotllc nata (1) will lesu1l1n 11n incro;'l.SP.d conesponillng AnnrJftl Percet1l!lge n;jl~ und Finance ChB:rga; ilnd (2) may resull in an incmaSl:lu mlllinwll'I payment un(! un IflCfo~tQ h. 11m numbw 1)\ p~ymor.\s m'J,eJm:j lor us 10 WP<1Y In''l balance cl Otlf Lean Account. \llhe InOOx Is dlscOl'lllllued. \'OU will select analhor puLdistll;d indulI. !.hat is as rendi!y ave.ilablt:t to us as The Wan srr..ot JoumaL. . Now A~'6'rage Dai~' Balan.::e is Determined. To gel IhE! "ovcraga daily balance" you lake the beginning balance oj our account each day. add any naw loan$. and :::ublracl any payments or credits and unpaId finanCG chargell, This giw!s }'ou lho dlily b,d;:lI1Ce. Then, you add up an Ihe daily bal~ncas for lho billing cycle and divide the 10lal by rlie nLlmbar of days ill Ifll? billing cycle, This gives YOlllhe "avemge daily b<llance." OTHER CHARGES _ _ . If you dQ not hOllor tho clIec\o., lor any reason alld return iI, Ifm ag\(X'\ 10 f<ay you YO\lr slnndalo fl?-!urn Hem charge 01 $16 whIch may cl'Iange 110m lime 10 lime. Tho chnrgo will be posted to ol,lr .Hollle Credit UUfl. lO~Jll Account as 0/ !he d~llo such Henls W'i:'re presunted lor paymenL In addition, you will chargo us ler your aclual cot:t5 in conrleclion wilh making lhose loans 10 u~ ns li.sled below. We may oltlmr pay IheSE! costs if1 cash on the dale wo sign ttus Agffil'!t\1ont, or ~'01I will rinllm;a JIlm:e ch~rge~ by ItC::llillg 1I1cm ;1$ <l 10;)f) ru1v:mco 10 U$ under lhis Agreement on tho fourth bUSiness day lc..lID\O,lmg Ihe d"l-o we Si!)ll Ihis Allleemunl Othor Charges PAlO IN CASH FINANCED Credil Report AppraIsal Titk! Sr>..arch Mortgayc nCcolding Fec Morlgi'lgfi SaUslaCtion f~o Notary Fee Other TOTAl. 9,234 (SIBS) $ $ $ ---~-_._-~.~ $ -_._--,--~<;";~,--.,-:",,.. $ $ $- $ ~~--_._._~.- $ -_.------'-- -----...;.;- $-----:...-----.:.:... $,---~-- $ $ 0.00 (P.11d in C,ist}----- $._=------ (Flrlancadj ,,$ 0.00 Total OtlIQr Charges 1;. t 15,000:01 10 :i-2U.\)Ol,l F. $2.0,000.01 10 $25.000 G. $2.5,000_0110 $30.000 H. $30.000.0 I to $35,000 l. $35,OOO,Ot 10 $"0.0QO J. $40,000.01 to $50,000 - $4Ctf p"'-r monlh $500 per month $600 pet monlh . $700 Per monlh $1300 per month $050 per month - --0. $90/100.01 10' $100,000 ~.-,~y y..' ...,,,'u. $2,000 per monlh In addition 10 each minimum payment dlra, wa will pay ImmEldlatcly any amollnl Ihat Js pasl duo and any amount that exceeds OUt Maximum Credit Umit PREPAYMENTS Wa may make payml3nl!:. gr€.1Ior than the required minimum payment at nny time withoul pllnally o AUTOMATIC TRANSFERS Ir: (1) wo have- a c.hecking nccouill with you; (2) Ihm box Is r.:ht.'ck~J, and {:J) ther" rs sufFident money in OUt checking ilCcount, the paymenl 01 our minimum payment (as dosclibed below) shall l.Jo ~rl means 01 an autollla1ic transler from our checldng <lccount. This reature Is oplional to us. CREDITING OF PA YMENl S I Payments m\.lst be received as indicated In our periodic hillin<J statement no laler them 25 dayt; altar the date shown in lhe stalement as tho bming cycle closing dale. ^Il p.!lymrmls must be acwlnp<tnled by our remlll<1ncl3 stub, whkh is thc top pOl lien or our periodic bilfing statement. AU paymonls mado In accerdance willl Ill!} insulIl,;tions nn our rmricx.!lc l.Jdling slalomllnt wm bo crodilod as of Ihe claw rocoived. All other paymonts will be credited within a Jive dn~ rQilod. APPUCATION OF PAYMENTS PaYlllenls received (IndlJuinll our ptllpi'l}'menls) wm be applied 10 our account In UlO mannor you deem advisable. SECURITY To give you security lor an U,'9' sums we owe now or in. the {ulure lmdet this AoroElmenl" We grant yeu a mor1gage on eur heuse at the above address (as described in a morlgagtl l:Jet'.vl3en you and U$ dilled the sarna day AS Ihis Agmumonl), and a right 01 set..oH against aU depeslt accounts and checking account$ we have vlith you. nO\-'" or in Ihe futurll. Collutoral securing tlthet loans with us may also secura loans undet Jhis Agmement. At no !fme during 1hls AUTOomofll will Ihp.ll~ be any HIm, mortgage or nncunlbranco on lhe house ahead or YOllr mortgago 9xcepl far thosa setlorlh in our wriUen 8ppl;eation to you (ilpprevod In writing by YOll). PROPERTY INSURANCE _ _ . _ _ _ The morlg8ga req\llier> us 10 obtain and maintain properly insurance agalnsl loss or damage by lire, llood (....here required by law), or olherwlse 10 lhe houso sccUllng t!1lr. A~rcenmnl In mnoun\s and against fir.kr. as 1'0\.1 rnay reasonably require. We will cause the Insurer to name yoU as loss pay.ee on the polk,)', !>o lhnl proL"-.ood; 01 Qur polley will also be 1>I')curily rot all S\.Im!: dUll undor Uds Agreement. We wHll\.lrnish you with coplas,of the policres with <III approprlillll 'Jndor'iI!rncnls, whelher you mqllfl!>\ il or f10t Tim In!;umnclf polley will mq!Jir6' thl: insurer to give YO\.l 30 day; prior written notice 01 any amendml'Jnt to or I'rolJm:,,;II:J lermlnnlion oj l1w insuHln(".(J fXllicy: We may obtain this insuram:o 1I1rough any Insurance company wu choose, but 1'0\.1 have Ule righl 10 /ChJs(l 10 8ccept I)ny fiUch insuranco company or policy lor reasoMt.lle 'CUllS(~. INCREASE IN CREDIT llMIT If we increase our credit limit, 1'0\.1 will file an additional mortgage ror tho IncrElased amo\.lnt. USING THE TELEPHONE TO TRANSFER MONEY We can USQ the !fllephone all Iho mean!> 10 Iransler monl'JY inlo om chl-.'Cking account all'Jr we have lurnlshod YO\.lr oHic!) with the Information YOlr request. Wo may no!. hnw/3VQf, mako any lranslor III our chucking account Ihal wO\.lld causa out Heme Credit Une Maximum Credit limit 10 be exceeded. Your Uabi/,'ty. We will leU you AT ONCE II our periodiC slatmTlent shews lelephone Iransfers that we did not make. I[ we do noltel! you within 60 days allar lho !ltalol1l~nt w""., malled 10 us. we nwy not gel back any monoy wo 10&\ alter the 60 days if you can prove Ihal you co\.lld havo sloppod IWIllQOno ftom l;).f,ln9 rhl} money if wo had 10kJ ~.[lll lil time. 11 a good wilson (such Oll " long trip or a hospilul nlayjltepl us from telling yoU, YO\.l will extend tho lime periods. Address and Phone Number. II wo boliuvo !hal someono hIlS trnnsloned or may lransfer money Irom our-account wHho\.lt e\.lt permission, we must call 1I1e Homo Credit Un"! Dopm!molll 717.8i\3~8551 or HlOO.635..4665 or wrlle~ - - - 1l\l~ York Elank ,md Trust Company Homa Ct('!dlt Una DopArtment P.O. l3ex 869 York, PA 17405 Your business days are Mond<lY through Friday. Holidays Me not includod. __ Account (nformallon Oiscfowre. You will dlsclose informatien 10 lhird parties aboul o\.lr Home Crodit line Account or the ttanslers wa make: (1) In otd~r lo_verlly the existence and condition 01 o\.lr n('.Counl for a Ulird pany, wch as a credit bureau or mercbant: or (2) In ordut to comply with govammenl agency or courl orders and requ\lsilI of fedoral or stale banJcng regulators; or (:J) If we give you our wrlllon permisslon. Liability for Failure It") MaTu!l Transfr'lJ"S. H you do !lot complalo a telephorol1' IraMfer 10 our a=unl on time for O\.lr checking account check 10 clear (provided we wrote Iho Check arter !he business d8~' reflowing our request far a telephone transfer]. ot in tho pmecl amounl accordl!lg to your Agreemont willi us. you win be liClble for o\.lr losso$ or dBmagos. However. thoro am some exceptions. You wm not be liabla, ror Instance, ir: (I) fhe transfer would yo over !he Maximum Crodit Unit; (2) circumslancas beyond YO\.lr controf (s\.Ich as fire or flood) provent tho transfer, despito reasonable procaulions that )'1:1\.1 have Iaken; (3) we d(;lfaull in any of the lerms and conditions or t!lis Agreement; or (4) you terminate _the _enUre Home Credit Lil')e Progrnm. _ . __. _ _ _ . _ _ _ In Case o( Errors ()( Questions About Our Electronic Transfers. Wa must lelophone you at the Home Credil Uno Department 717-843-8651 or 1.800.035.4665 or wrllu you at: Tha York Bank and Trur.t Company, Homo Cred! Una Dapartmont, P. O. 80x S69.-Yotk, P.i\-17405 as soon as we can, II we think our stalamonlls wlong or if we nood mOl\'! information about Q telt!'phone transrer listed on lhe statement. YO\.l musl hQar from 1JS no laler than 60 days aftet you slJnt us the FIRST staltllllent on which IhB problom or orror appeared. We will: (1) Tell you OUt namG! and Homo Credit Une Laun Account number. (2) DesClibe the elTor or the lransler we are uns\.lre aboul, and explain as claarly as wo can why we bolieve 11 is an errot or why we flOod more informatlon. _ __ (:J) Tell you the dolL:lr amount of tho .suspeclad error. If wo lel1 you orally, you may lll'<1uiro that wa send you our camp'fllnl or question in wriling within len (10) business days altet we lell YO\.l on the telophonB. You will lell UII lilt'! It"l$ulls 01 your investlg<ltion wllhln len (10) business days aller yO]) heat from us and wlU correct any ettor promptly, Jr you need mora timo. however, you m~y lake lip 10 45 days 10 lnvcsUgatG our complalnl or qUl.'!stion. If yoU decide to do this, yo\.l wlll rectodit our account within len (10) ?usino(;1 di.lYS lnr 11m anlOunt wo fl-llllk is in error, so Ihat we will have Jhe USe 01 the nloney d\.lrin\) the lime it takes you to complete YO\.lr InvesUgallOn. lr you a<;k us to pllt our CUJmplainl or question in wril1ng and you do nol leceive it wl1hin Ion (I D) business days, you may not tectodll our acceunl II you decide that thew W~$ no errot, you wnl send us a .....ri!len.explanatlon wllllln lI'rree (3) business days altot you linlsh yeur In....estlgallon. We may ask lor copies of Ule documents that YOLl usod in your investigation. _ 9235 (5/89) 16} all 01 any pm! of tho property seeudng Ihls Agreemont II satd or transferred wlU,out your prior wllttan mnsen!. e~cludTng the creation of a purehnsa mOllol SIlcut11y Ifltemst lor household applianr.-es; then, three (3l days nller you mail 001100 \0 any 01 us 01 tho occurrcmce 01 any 01 the aboye, YOll, In ,pddltion to all otllcr r ghls and remedies, rnay alyol1r option 00 any or nil oflhll followln!'l: (01 doclow nil sums owed 10 you under 1hls Agmemenllmmodintely dUll and pnyo.Llle; (l:J}lerminnla )'tIur obllgllllon 10 honor any Homo Clcdilline chec>> and make telephono Ifnnslnrs; and leI/educe our M:lxlmum Credl! Urnil. _ __ In such case' we will pay aU COSls of collection or en(orclrlg any o( YOUT rights or remedios arising (rom lhls Agwamenf induding, but nol <<mired la, reasonable attorneys' IMS. The lInance charge at !hI) rate provided in lhis Agreement will continue to accrue: at all Urnes on an sums due but unpaid to you, cvan If tllllo bfllnnce rJf the account is accelara!ad and.,both before a(ld ,~Jtor you obmin a ludgment against us, If there ate more than one 01 us, you may proOOP.d <lg;linsl any 01 us on dalaull. and you are nol requimd to lake any action against any 01 us or any 01 the security bcdore proceeding against OJny olher 01 us. You may, withoul our coosent, modify, lcloase, settlo, or compromise any 01 our obligations 10 you or any security IOf 1l1ls loan, including withoutlimit<ttion by oxtension, poslponomlmt 01 timo ul paymenl, or granling other indulgences. TERMINA liON You may termInate your obJigalion tt:) make loans to us under !hlB Agreement only il we default or il you terminate the entire program, by mamng written notice 10 any of us at least three (3) days In advancQ. In addition, we may terminale this Agreement by giving you written nollce Irom either 01 us, sent ccrtifilld mail, retum Jecnl(lt requesled actually received by you at The York Bank and TrUst Company, Home Credit Una Department, P.O. Box 869, York. PA 17<105. Termination will 1101 In any way allee! out liabilities or your rights relating to loan advances made be/ore the date ollerminaflon and all chargns inclUding without limilation the lin<lnca charges, insurance premiums and cosls 01 collection even altar fermination. INDEMNITY, RELEASE, LIMITATION OF ACTION WO understand thnl we will bo responsiJJle lor all ~abiliry (Indudlng wllhtlut limitation ttltlsonabto nnorney'1l Ices) Incumld by you In lhlt hOllClril'lg of any Homo Credit Una chedl wt,io;.h may be iltllgutal, to'9ltd or altered. No nction may blJ mnlntninad ollnlnsl you 11 broughl moro than OI1e yoar 110m tho <Illla oT ncauaI 01 such cause of odon. Wowalvelhntighl loa rrilliily jury. APPLICABLE LAW Qr.i(lS~OM abOUl lhis Aore!l!mont win bo doclded by POllluylvanla law appllcoblll 10 controC1l oXllcl}!od In Pcnn~ylvanio rllaardfon of whero W1l livo or where thll house sccuril1gthlsAgreemolltislOC:aled, andfcdornllnwwherellppncllblu, _ ___ PLACE OF SUIT Ally lawsuit bqtweell you !lnd us mad by us wm ba begun only In thu courlS of 11m Commorlwealrh of Pennsylvania Dr a Unlted Stat9$ Dlltrlct Court located In Pennsylvania. SeNIc.eofproc.es'OTlu.mnybobyc.crlificdmnil,rlllurnrllcolptrequostM.ntouraddrousl1ownonyOlJrrccordll. DELA Y IN ENFORCEMENT You Clln delay enlordng '(our fights under lhis Agreemenl wlthoul losing them or n1lecling them. n you waivlI nny dQlnul( by us, your waiver wm not be 1I waiver 01 any subsequentdeleullbyus, CHANGING THIS AGREEMENT ' RaIe changes fesuWng lrorn movemenl in the Inde~ wal oOOJr aUlomatically, wllhoUl prior nortce to us. You can change tho other terms o! !hI! Agreemen1 at any time including, but nor Iimiled 10, Ihe b~ling cyde, the daily periodic ralc, lha minImum periodic payment and Iha payment due date, by llollfyfno us in wrl~ng al oljr address shown on YtJur records. E~cepl as provided by law, 1hc now torm$ will apply both 10 new loall .advnnces nnd 10 the QUIst!mdlng balance In our at:ccun1. II wn usn our Home CrlldH llne loan Accounl altar wo receive notlce 01 a dl0l10t' In the lelTl1S 01 lhis Agroomenl, we aurl!e 10 SUch chan{lc In lerms. We wm naillI' you lmrnedlaloly l/ WI! do nOl rlgroo 10 the change In ternl$. . . MISCELLANEOUS All WordS used will be COIlslrued 10 bo olauch gender and number as the'dr:ciJm$!am:lIa requlro. "Vau" and "your~ tcfors to li1(1 ,"ork Bank nnd Trual Company. If Dnly .one BOtrower s;gns bulow, lhlJ lem1S "NeM, 'our" or"usM snail be road to moan "I', "'mY" or "me., and shall not Imply Ihal any other person was rcqulred or e:cpeclad 10 sllIn below as Borrower. Each 01 us (if more than one) who aillns below sha! be obllguted, alone and logelher, to pay lho 10101 amounls owod under our Homo Credit Une loan Acccun!. No person may uac the Homo Crodil Un" Loan ACCOUnt unless such person sians bolow 8S a. Borrower, If any port 01 lhis Atlrnemonl Is Invalid, Ulogal or unenlorcoabte, Ihe rest WIll not be a/lected. Thla ^ureomenl10gethllr with our opplleation shall constitulll the entire Agreemenl belween you nnd us and may not be modmod or d\onged ortllly, Thi:o ^O;lIeemenl C(lIIors loans madll pUrsuant 10 tile Seconrlary MortgnDlIloan Act. [nd, of us ac~.nowl{!dgel .oceipl 01 a oomptellld and mlO<!.in COPY 01 Ihl. J\~roaernen1. 11 any ot us Is signing as Nonborrowor Co.Ownor of cellolornl, we agreo Ihat !ha Nonborrower Co.O..mcr ia nol liablo on Iho dobl, bulls <lgrealng 10 !hll P~".",oI";'^''''m'",''.'''.rr'.,"'OOIl''''''.~~./ ~~~ ~ijran . ~~l /' P !.'wit heroby ackllowlodge and agroo 10 thn lorms l,Ind comllllons, sellorlh on i:'l /~_ :~'~~~,':~:kP::: :"I'";~;;f~yCT lli~' ',ro.m,o, ,od Ol"t"",, . ~:::' W!rij u ~~), . < Acceplad by: __. .ltJ;J,Ji.J!lL_l _.____ Nonbr:lrfowe. co.ow~ Add/eu - ~Q . YOUR BILLING RIGHTS. KEEP THIS NOTICE FOR FUTURE USE. Un.lhls ~Olice )'~u. and )'our" relera 10 lhll Borrowerl,) ond ~&. and .our' and"t1s~ relers to Tho Yotk Sank at1d Ttust"Cornpany.) ThJ$ noueil contarn$ Impor1ant Inlormation aboul your riGhts and our rasponsibilWes undm the Fair Credit Billing Act ' NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL II you think YOllr bin is wrong, or II you need more in!orma~on aboul n transaction 01'1 your bin, write us Or! a separnte $hcct allhe address shQWn on YDUr b~1. Write 10 liS llS s,?on os poSSIble. Wa.mus! heat Irom you no later lhan 60 daya alter we senl you !he first bill on whldlthe orror or problem appenrlld. You can telephone tiS, bUI doing $0 wUl nol preserve your riGhts. In your leller give us !h& lollowlllll inlormo~ot1: YOl;lr .name and account nu~lIJe.. Tho dOllar amounl ollhe susflec1ed error: Descrlbo the error and e~plaln, II you can. w.hy you bu~evtl ~1(ue Is an &rror. It \'Ilu need mOlemlormallofl,dllScnbe thlil uemyou anl not sure about. - - _ II you h!\ve Cluthorizod us to pay your bill automatically lrom yoUt' chl!cklng acccunl, you ClIfl SlOP lhe paym&nl on any riiiiounl you think la wrc:ing. To SlOp the pnyment your tellor must reneh us thr&c business days belero thn aulomo/lc payment Is schodulod to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECElVE YOUR WRITTEN NOTICE We must acknowledge your feller wilhln 30 days, unless we have correcled the error by then. Wilh!n 90 days, we must either correct tho orror or oKplain why wo believe the bill was correct _ , Arter we receive your latter, wo co.nnol try to oollnel any amount you qU9slion; or report you as dellnquenl We can conlinue to bill you lor lha amoUnt yo~ quesllon,.lncfuding llnsnce charges, and we can apply any unpaid amountllgainst your credit Ilmil. You do no! h~e 10 pay any questioned amoUnt ""ffule we aro Invesligating, but you are sllll obligated to pay Ihe parts. 01 your bill that ara nol In quostion II we hod thai we made a mista.ke on your bill, you will not have 10 pay any llnance charges relaled tn any questioned amount If we did nol mako a mistake, YOll may have ta p..y finance chargns, and you will have to maku up any missed payments on the questioned amount. In either case, we will send you a. slatemonl 01 Ihe amount you owe and tho dale Ihat ills dUe. If yo~ 1~11 10 pay the amount 1l1at we think' you owe we may roport you as delinquenL However, If our e)(planaUon does not saUs/y you and you wrlle to us wlthrn len df!ys telling us lhal you stn! refusa \0 pay, we must tell anyone We roport you 10 that you have a quesllon about your bill. And. We ~1USt t~1I you the namG c>1 anyone we reported you to. We must tall anyone we report you to that the maltGr has been sotUed between us when It hnallYls. II we do not lollow that;e rules, Wa cannot callect the lirst $50 of !hO' qtlestionod amount, evon il your bill was carmcl 9236 (5/09) I 7987b 1 b05 0029417 THE YORK BANK AND TRUST COMPANY ADDENDUM TO HOME CREDIT LINE AGREE!lENT AND DISCLOSURE STAmlENT - - ,-- -.- This Addendum to Home Cred~t Line Asreement and Disclosure'Statement ("Addendum") amends the Home Credit Line Agreement and Disc~osure Statement between you and us ("Arreement") to which it is attached. "_~e". l'our" ot' "us" . shall have the same meaning as stated in the Agreement and "youll shall have the same meaning ~ stated in the Agreement~ We agree that our Home Credit Line Agreement and Disclosure Statement is amended as ~ollows: L!~etime Rate Cap - !n the section entitled ~Finance Charge Computation," the subsection entitled "Variable Rate Feature" is amended by adding the following sen tence: ' "The maximum Annual Percentage Rate will not. exceed 18.0'%,," Accordingly. the ,second sentence of' the suhsec.tion .entit),g9, "Variable Rate Feat~re.t is am.ended to :r;ead as follows: "The Annual Percentag;e Rate will increase ot' decrease by the S8.l!19 percentage as the Average Contract Prime Rate changes. but the Annual Percentage Rate will never exceed 18.b]t.ll Additionally, the seventh sentence or the subsection entitled "Variable Rate Feature" is amended to read as follows: "Thus, the Annual Percentage Rate {and the Periodic Rate) may (1) increase if the Index 2ncreases. but never above 18.0%; or (2) d~crease if the Index decreases." Additional Event of Default - The fOllowing subsection (9) shall be added to the section ~titled "Default and Remediesj Entire S~ Due. Collection Fees": "(9) af"ter you calculate the Annual Percentage Rate in accordance with the procedures described in the subsection entitled "Variable Rate Feature" above. you determine that the Annual Percentage Rate on the next Change Date will exceed 18.0%.11 Except as amended hereby. our Agreement with you, as previously amended is unmodified and remains in fu1.1 f'orce and ef'fect. You and we intend to be lea-uly bound by this Addendum. Date: .Tlliv 26. 1qRq 'iad& ~ BO:~A~:~;) 'BoErow r Ric BY: ~ "NonBorrower Co-Owner 9449 l'!i!l"'~.~' , ' ~;"r"'/ '~'i'"\""", "~"':."f' ~. ~J~~ ~.~'. ~ ;:~:<~~...~~_ ~ , ;~ I '" I - .,., j.~ I . , "" I I Jf!- ~ '" - I ~. '" =' ',.1. __ " "" f" "'A'rIfCJ'.!v~ A~.,.~.~ I ~_ii:H"_.IT..t fIlt1ltl...."""h'l.-J,o.ltfl.li I - -,-, o'V /!-('I~ I) - ~.. .'~' ~.... ._", ,~" .. ." .... , ., "~ . . "..~.._._..~,_ ......~ _.... ~-r C MMClNWEAlTH 0/ peNNSYLVANIA '" N l) l~llfl'.AiNr or. n1!III!NU~ . ~ _'.,v 4::~~l- : 1 t~JFU IlrtU'It ~~~Ojg ('01 COMMONweAlTH o~ r!::-Jf":~YlW~!-li/-. -;u OEI'AllrM~I'.:r or. ;:,\'I'j"M, :; Igll,ll'; ~i;.\ ~ '-'-1 i :: f~~\l'$!~ ll!ctD'ln'(~~~ Ia::l D. 0 01 ':~ '!1t:tt t>sao, j.t"J.~.. 1,.._.......<-.....;-;.:1 - MADE 'rHE --.l.lth (la.y of ~eeomber in the y.a~. of ou.r Lo~d one thou~nine hUndr eiqhty~eiqht (19881. ,fE",WEEN RONJi.Ln L~ !dt~NBR aM SHARON S. KEPN'n, hUlSbAnd And wife, of 1412 .2immerman Road. C4~11ale, Cumberla~~ C~unt~1 pehn$ylvania~ arantoJ:l, AND FRANK M6 RICH and South N!ddlescx noa4~ MARY LO~ RICHl hus~and ~nd Wif~, of 589 Carl~51e, ~berland county, PQnn~ylv&ni~1 Grantees, . ~~ESSEtKt that in consideration of One Hundred Tbi~tY-three 'l'hoUund and No/100 ($ol33,OOO,OO) DoHaro, in hand paid, the r~ae1~t wh.~eof is hereby acknowle~gedt the 8ai~ grantors do hereby q~&nt ahd c~nvey to th~ lAid 9r.ntees, their heirQ and a"si~n., '&5 tenAnts ~V the entire~1es~ ALL th~t. certain traot or pA~oeA Ox land and premises with Lmpro~em~hts th@~eon ereot94, situate, ly!no and b~1ng in the ~sh1~ of South Middleton, in the county of Cumhe~lanct and Commonwealth of pennsylv~n1a~ maze pa~tieula~ly d~scr1bed AS tallows: " . ~OUNn~ti ana detcribed in acoordance wit~ ~ PlAn p~QP4rC~ by Carl D. Bert, R.S&~ reQQ.ded in the O!fice of th6 Recorder of Dee~s tor Cumberland' county in Plan Beak 50. PaqQ 22, as folloW41 BEGINN~NG ~t a railroad spike set in the cent~rltnQ ot T-6&~. NiddleB~x ~oa~, at eornGr of tOt No. 11 thQrtee alon~ tot NO~ 1, $outh 8~ d~ree5 03 minutes 5$ second~ ~5t 303.~6 feet to an iron ~inl thenoe along lands o~ Joseph Weaver, South 19 deqree8 34 minutes 30 seconds West 5~.56 feet to an iron pin; thence along Lot NO.6, South 00 de~ree~ 5S minutes 0$ se~onds West 100.00 teet to a concrete monumentr thence .lonq to~ ~o. J1 ~orch S9 degrees 03 minuces s5 seconds West 29S.7~ feet to a railro<<d spike sat in bhft oGn~Grlinc of T~6e4J ML~~le..K Boad, th~~ce along T-G84/ MiQ41esex RQad, North 00 deqrecs 56 minutes OS s-eeond.r;: Ea..ot 15l..'fO felllt to A rail.t;oa.d _pike the ~lace ot SEGZ'NN:rNG. CONTAINING...!. 0054 acres and. bein9 de'S:1qnated as %jot. No. 2 on tn~ anoVQ mentioned Plan of Lots. BEINa the BAme ~rGmi&os which k6nald c. Maethew and Joan V. Matthew, husband ~nd wif~f by beed d~te~ June JO, 1987,' and ~eeo~d.ct in th4 O'fice af the Reccr~er of Daeds of CumberlAnd CountY', Pennsylva.nio., .in Deed. .Book "Til, Volume 32. Page 721, unt:.o aooxS 33 PA,E 430 w. got this FAX on S.rverA at: 03/14/2000 04:02PM E'~ ..,n.rT (j?' rage: 2 ,., .~ ~;, ..... .,.011"", , ,,-... ('-',; . ' , j Q~"14-QQ 1.G:G9 PRRHIllH Al''''CHAUT tu-rtr",,,+.Jklo,,,)::IfOO . .y" .'. qO /\ 4; rl.l'v....u. .@ , , - ~onAld L. Kepnerr onQ ~f thn Gr~ntors her~1n. Shatoh E. Kepner Joins in thLs Deed for the pUr~ose of ~Grtve~inq any right, t!ele ~nd int*reSt which she may have in the prem1s~S, if any. ~~ SV>>JSCZ to Duild1nq .nd usa rs#triacions ~ontainea irt prior u(!!eds. ~D the said grantors hereby cov~n~qt and ~qraQ thAt tbey will warrant ~ahe%ally ~ho ~ropert~ hereby cortVe~eq. IN W1~S8 WHEaEOF, ..i4 Granto.s h~ve he~eUnto ~et their hands and scal~ the 4ay and year flrst above written. Si'itnc~, Sealed and t>e11vered ~ -f ~... l~ ~ (SE"-tl ortAld t.. Kepner in the PreD.nee of 'r!h. (JAm< I. ;;fr"""'A S i1t'On S. Ke:pn {Sl!:ALI j: #7' /:",.,adf MAl #t:t I do herehy ~.rtlfy th~t the p~acis. residence dnd ctimplete post office address of the w!.thin named C3rante.e ia n.....!O- j} ~>>1 S #, ".l~~ ~\iJ eo:....c...- t... I'", '7.....;> i"\ _. ~ 198a ..~ "Q#4~ Atto(hey fo~ G tees c~mreOnwealth of Pennsylvania) t ss. CQunty of c~be~land ) On ~hL_, th~ 13eh a~Y'Qt D.~8mb~t ~ 19SB~ betcre me, the undersigned orticer,' per$on~11y appea~ed Ronald t. Kepne~ and sh~~on ~. t.p~e~l hu'ban4 and wlfe~ krtown t~ me (or ~a~i~faoto~ily prov~n) to b. thG pc~~on6 whose nam~~ are ~YPqcrib<<4 ~Q the w1thLn in~trumentJ and aoknOWledged thAt th~y executed the same fo~ the purposea therein ~oncainad, IN ,WI'.t'N~S .$ ,..J \ In', iI.t!." SChoO\ blct. lI'flb. C\)... Pa. ..-1;""';1'~ 1'r"t~~a.!. <>oJ"/' 'I~ 1._, l<.<; ;~-::;. .,)-1/"....'"'" _eo.....;;;L-<i; >. . WHBREOF I I hereuntQ s~t my ha.nd. eJ:.'\.l1 otfic::~a.lw~J.. . .. .........0:> L)j' ",.;:."n".-1ii':!.. 'rl,,:'::'I~-:"- ~ ?'~ ,.f~","'::Yf~r. , I}. J "'.....::i. \', t.,>:-"",,' "",;~~~"..::~,.~;i;r~::~~"';' ---- _ _~_:~ (; lIt; ::~)1.. Ti-tl.a W;'-'>~f1.~e~:,:r:," ..s. ,,- I 'I L '~:~I'.;"::.::;"'t<-~t:. "R tlJWMtlltlot '~..: [I '7"'" ~'>-, n '1' "...~_ eumb. ~" 'Jt. I No.lJ.rl~ eo..: .,...... CtltI~.. J. Trill. No'.''l'Publro .~ ,..' .J-lt. nh' Eltm T(1lMW ~ 1 e.lll~~d. (;1Jmblll"i".nd County 'b;" i.lk'rl' AtnL f'tJ/,S.p; My~lt\iuklf'lEJplruOot.~.1* '~~;:!~~~ 33 PAG! 431 '6.'~"''''K 1". Sll~o;r. ,l.lll11'''.,.'t2:.n, JU~~ml.......f""", C"UIliA'~I,.lfllllll'fiU . . ",', 'r . /,:':" :..::C{.- : \ . We got this FAX on Ser.erA at: 03/1~/2000 04,02PM ." , :.-'h~~i Page: 3 STATEMENTS OF POLICY Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT PENNSYLVANIA HOUSING FINANCE AGENCY [I2PA.CODE CR.31] Homeowner's Emergency Mortgage Assistance Program The Pennsylvania Housing Finance Agency (Agency) adopts revisions to the Homeowner's Emergency Mortgage Assista,nce Program (HEMAP) Policy Statement in chapter 31, Subchapter B (relating to policy statement on homeowner's emergency mortgage assistance program). History HEMAP was established by the General Assembly with tbe passage of the act of December 23,1983 (P.L385,No.91) (Act 91), signed into law on December 12, 1983. HEMAP is designed to provide emergency mortgage assistance to homeowners facing .foreclosure because of circumstances beyond their control. Assistance is provided in the form of a loan. The amount of the loan will be sufficient to bring the homeowner's delinquent mortgages current, and inaddition, the Agency may provide continuing monthly mortgage assistance, as needed by the homeowner, for a period of time as prescribed by the law. Act 91 contains notice requirements that lenders must follow prior to foreclosure; prescribes procedures that a homeowner must follow in applying to the Agency foY mortgage assistance; and prohibits a lender from com:lucting foreclosure proceedings during the application process. Act 91 requires repayment of the mortgage assistance loan, based upon the financial ability of the homeowner. On February 21, 1984, the members of the Agency adopted initial guidelines to implement HEMAP under the authority of section 401-C(b) of the Housing Finance Agency Law (35 P.S. ~ 1680.401c(b)), which provides in part, that the Agency shall adopt initial program guidelines and may revise the guidelines whenever appropriate. The members of the Agency adopted revisions to the guidelines on October 18, 1985, which were published at 16 Pa.B. 2126 (June 14, 1986). The members of the Board of the Agency adopted additi.onal revisions to the guidelines on May 12, 1994, which were published at 24 Pa.s. 3224 (July 2, 1994). . Under the Agency's authority to revise the policy statement, the Agency proposed to make further revisions in the policy statement, the uniform notice and the list of consumer credit counseling agencies. Notice of the_proposed changes was published at 29 'Pa.B. No. InS (April 3, 1999). Public comments on the proposed changes were received and evaluated. Many of the cOmments and suggestion have been incorporated into the fmal revised policy statement. on In general, the proposed revised policy statement incorporates the amendments to Act 91, which were enacted by the act of December 21,1998 (P.L. 1248, No. 160) (Act 160). The amendments can be summarized as follows: .-. - ,- - . Reduces the amount of continuing mortgage assistance available to homeowners from 36 months to 24 months. . Places a cap on the amount of mortgage assistance available at $60,000. . Establishes a minimum monthly copayment for persons receIving continumg mortgage assistance of $25 per mortgage being assisted. ..,& ._. Estab!is.h~s fl minimum monthly :"f':payrnent for l'~r~nns-who ~nY'~ re~l<>l'.;cd ~ r-Tr:.~.:fAP loan at $25 per month per mortgage assisted. . Changes the formula used by the Agency to determine the amount of monthly mortgage assistance and the amount of monthly repayment from a 35% test to a 40%. test. Previously. a '\ homeowner's contribution/repayment was set in an amount which would not cause their housing expense to exceed 35% oflheir I;let household income. . Requires that the HEMAP mortgage be in at least 3rd .lien position on the property and that no more than two delinquent mortgages can be-assisted by the Agency. . Directs the Agency to redraft the uniform notice that lenders are required to send to homeowners who are delinquent in their home mortgages. The new notice must be in plain language and also contain the information required by the act of March 14, 1978 (P.L. 11, No.6) (Act 6). Lenders who send the new "combined" notice would not need to send two separate notices. 'Effictive date The provisions of Act 160 took effect on February 19,1999, except for the $25 provisions which were effective on February 1, 1999. The Agency has until June 19, 1999, to publish a new Act 91 notice. The revised policy statement is effective upon publication as a statement of policy in the Pennsylvania Bulletin. The new Act 91 notice (Appendix A) can be used by lenders immediately upon publication, but must be used by lenders begilU1ing July 1, 1999. Prior to July 1, 1999, either the new notice or the previously published notice can be used, " (Editor's Note: The regulatiops of the Agency, 12 Pa, Code Chapter 31, are amended by amending ~~ 31.201, 31.202, 31.204-31.207 and 31.209 to read as set forth at 29 Pa,B. 1725; and by amending ~ 31.203 and Appendices A,B and C and by adding ~ 31.210 to read as set forth in Annex A.) BRIAN A. HUDSON, Deputy Executive Director - Fiscal Note: Fiscal Note 39-9 remains valid for the final adoption of the subject regulations, Annex A TITLE 12, COMMERCE, TRADE AND LOCAL GOVERNMENT Part 1. GENERAL ADMINISTRATION " Subpart D, HOUSING ,FINANCj;;AGENCY CHAPTER 31. HOUSING FINANCE AGENCY Subchapter B. POLlCY STATEMENT ON HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ~ 31.203. Notice; application procedures (a) Before a mortgagee accelerates the maturity of a mortgage obligation, commences legal action including mortgage foreclosure to recover under the, obligation, or takes possession of a security of the mortgage debtor for the mortgage obligation, the mortgagee is required to give notice in the form set forth in Appendix A, subject to the following requirements: (l) The notice shall be sent by first class mail to the last known address of the homeowner and if different, 10 the residence which is the subject of the mortgage. The notice shall , . . ", '. also l)e sel!lby ,egi~tered or certified mail " (2) The notice should be sent at the point the homeowner is at least 60 days contractually delinquent in his mortgage payrnents or is in violation of other provisions of the mortgage. (3) A mortgagee is not required to send the notiCe required by this subchapter (unless the homeowncLha.s.cUl:ecl his mortgage delinquency, by means of a mortgage assistance loan or otherwise)as follows: (i). To homeowners who do not qualifY for mortgage assistance under ~ 31.202(a), (b) or (c) (relatingto eligibility for mortgage loan assistance). (ii) To homeowners who are more than 24 months delinquent or in default for more than 24 months under the terms of the mortgage. (iii) If the aggregate amount of arrearages due to a mortgagee pursuant to the terms of the mortgage, without regard to any acceleration under the mortgage including the amount of principal, interest, taxes, assessments, ground rents, hazard insurance premiums, exceeds the sum of$60,000. (iv) To a homeowner who has already been sent the notice and who did not apply for a mortgage assistance loan, or who applied for a mortgage assistance loan but whose application was denied, or whosemortgage assistance disbursements were terminated by the Agency for any reason. (4) Unless the homeowner. has cured his mortgage delinquency, by means ofa mortgage assistance loan or otherwise, receipt of partial payments of arrears from the homeowner, subsequent to the sending of the notice, does not mean that the mortgagee shall send a new notice to the homeowner prior to legal action being taken to enforce the mortgage. (5) A notice sent tolhehQm~owner, while the homeowner was in bankruptcy, shall be valid and no new notice need be provided as a result of any discharge or dismissal of: the bankruptcy petition or relief from the automatic stay. (6) A notice sent under this subchapter, in the form prescribed in Appendix A, shall be in lieu of any other notice required by State law. If notice is not required to be sent under this subchapter, the mortgagee may still be required to send the 30-day notice required by the act of January 30, 1974 (PL. 13, No.6) (41 P.S. ~~ 401-(05), known as the Usury Law. (b) When the homeowner has been sent a notice as required by this subchapter-see Appendix A-by the lender holding the mortgage, the following apply: (1) The homeowner shall arrange for and attend a face-to-face rlleeting with the mortgagee or a consumer credit counseling agency listed in the notice. The purpose of this meeting is to attempt to restore the delinquency of default by restructuring the loan payment schedule or otherwise. The meeting shall be held within 30 days of the postmark date of the notice, plus an additional 3 days to allow for mailing period. For example, a notice mailed on March 9 is preswned to have been delivered on March 12. Therefore, the homeowner shall hold a face- to-face meeting within 30 days of March 12, or on or before April II. - (2) If the homeowner meets with a consumer credit counseling agency within the period specified in paragraph (1), notice of the holding of and date of the meeting shall be given within 5 business days of the meeting by the consumer credit counseling agency to known mortgagees holding a mortgage on the principal residence of the homeowner. For the purpose of this subchapter, it is the obligation of the mortgagor to notify the consumer credit counseling agency of the name and address of all mortgagees. A mortgagee may not pursue legal action against the homeowner's property for 30 days subsequent to the meeting between the homeowner and the consumer credit counseling agency. . (3) The consurr::::r :::rcdit counseling :lgency notice-see Append;;,:: B-w the Utortgagee will indicate.> .... that the homeowner may apply for homeowner's emergency mortgage assistance payments. (4) If after a face-to-face m.eeling, the homeowner/mortgagor and mortgagee reach an agreement to resolve the delinquency or default as mentioned in paragraph (1) and if, because of circumstances beyond the homeowner's control, the homeowner is unable to fulfill the obligations of that agreement>- the homeowner may apply to the Agency or its authorized agent for homeowner's emergencYlnDrtgage assistance payments within 30 days of a default in payment under the agreement previously reached. The mortgagee is not required to send an additional notice under this provision. The Agency suggests that the mortgagee advise the homeowner of this provision at the time the forbearance agreement is arranged. If a consumer credit counseling agency is involved, the counseling agency shall notify both the homeowner and the mortgagee ()f this provision at the time the forbearance agreement is arranged. (5) If the homeowner cannot resolve the mortgage delinquency or defaultat, or subsequent to, the face-to-face. meeting, the homeoWner may then apply to the Agency by filing an application .,for emergency mortgage assistance with a consumer credit counseling agency. An application for assistance may only be obtained from a consumer credit counselfng agency. The consumer credit counseling agency will assist the homeowner in preparing and submitting an applicatioIL This application shall be postmarked or filed at the offices of the Agency or at a location designated by the Agency within 30 days ofthe initial meeting between the homeowner and either the mortgagee orJhe consumer creditcounseling agency. (6) If the consumer credit counseling agency assists the homeowner in the preparation or submittal of an application for assistance, it will, within 5 biisiness days, inform the known mortgagees of the date of the application submittal. (7) If the homeownerdoes apply to the Agency, the Agency will notify known mortgagees holding a mortgage on the principal residence of the. homeowner of the receipt of the application. . (8) The Agency will determine eligibility for assistance within 60 days of receipt of the application, during which time no mortgagee may pursue legal action to foreclose upon the mortgage on the homeowner's principal residence. (9) Within 5 business days of.making the determination of the eligibility for assistance, the Agency will notify known mortgagees as to whether the appl ication has been approved, disapproved or if funds are nor available. If the mortgagee does not receive this notice of disposition or determinatiort with 60 days-plus 5 business days for notification-of receipt of the application by the Agency, or if the notice indicates the application has been disapproved, the applicant was determined to be ineligible for assistance or that funds are not available, the mortgagees may then take legal action to enforce the mortgage. (10) If after receiving an AppendixA notice the homeowner cures the delinquency or default with or without mortgage assistance from the Agency and the homeowner subsequently becomes more than 60 days delinquent, the mortgagee shall again provide the Appendix A notice before taking legal action. (l1)Ifthe homeowner fails to meet with the mortgagee or an approved consumer credit counseling agency within the period specified or fails to meet other time limitations in the subchapter, the mortgagee may take legal action to enforce the mortgage and the Agency may consider the homeowner ineligible for assistance due to the failure to satisfy the procedural time requirements. (12) lfthe Agency determines that the applicant does not qualify for assistance, the following apply: t;\ '"J' The applicant !':lay not :eapply for u~~ist:1::::-c.5~~r-~4:1Qonths from the date qf determination under a mortgage unless there is a material change in the applicant's financial circumstances. -~ (ii) An applicant who is denied a mortgage assistance loan may request an administrative hearing under ~ 31.207 (relating to repayment). This request does not prohibit a mortgagee from pursuing legaJ action to enforce the mortgage. . (c) Payments under the subchapter shall be providedI'or a period noUo exceed 24 months, either consecutively or nonconsecutively, whether the payments are on account of arrears, continuing monthly assistance or any combinatlonthereof, and may not exceed the sum of $60,000 on behalf of any mortgagor. . ~ 31.210. Periods of high unemployment. (a) Months of assistance aVailable. The 24 month limit on mortgage assistance available under S 31.203(d), and the 24 month periods referred to in SS 31.202(d)(1) 31.203(a){3)(ii), 31.204(c)(2) and 31.206(a) and (d)(2) shall increase to 36 months if during the month the homeowner submits an application for assistance the Agency has detennined that a period of high unemployment exists. (b) Housingexpense formula, The 400/0 ratio referred to in sS 31.204( c) and (e) and 31.205( c)(3) (relating to agency review; and financial hardship due to circumstances beyond the homeowner's control) shall be reduced to 35% if during the month the homeowner submits an application for assistance the Agency has determined that a period of high unemployment exists. (c) Definitiori;~declaration. There shall be a "period of high unemployment" if the average rate of unemployment in this Commonwealih equals or exceeds 6.5%. This determination will be made by the Agency on a monthly basis based upon seasonably adjusted unemployment figures for the most recent 3 months for which the data for this Commonwealth is published. Ifthe Agency determines that a period of high unemployment exists, the Agency will immediate publish a notice to that effect in the Pennsylvania BuUetin consistent with this section. APPENDIX A Date_November 30, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an offic[al noticedl"t the mort~age on vou home is in default. and the lender intends to foreclose. Specific information about the naiiire of the. default is provided in the attached paQ:eSr -. - - . --- - r -, lne HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to help to save vour home. - This notice explains how the program works. To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DA YS OF THE DATE OF THIS NOTiCE. Take this Notice with you when'you meet 'with the Counseling Agencv. -- - ~ I - , " -- ~, The mi.me. address and ohone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. Ifvell have any-auestlons. YOU may call the Pennsvlvaii-ia Housinf! Finance Agency toll free at 1~800-342~ 2397. (Persons with impaired hearing can call (717)780-1869), This Notice contains importailt legal infonnation. 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 tind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVEIENDO EN SU CASA. Sl NO COMPRENDE EL CONTENlDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA - HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES S8R 8LEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM EL CUAL PUEDE SAL V AR SUCASA DE LA PERDIDA DE-L DERECHO A REDIMIR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Frank Rich PROPERTY ADDRESS: 589 S. Middlesex. Rd. Car lisle, Pa. 17013_ LOAN ACCT. NO.: 6050029417 ORIGINAL LENDER: Dauphin Deposit Bank CURRENT LEl'lDERlSERVICER: alltirst HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MA Y BE ELIGIBLE FO~ FIj\/ANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAkE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF TilE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEINGABLE TO PAY YOUR MORTGAGE PAYMENTS, - AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AG_ENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay oHoreclosure 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 oflbe 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 ufthe con,umer credit counselin[; agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) diys after the date of this meeting. The names. addresses-~nd teleohone nUf!1bers of des-jgriated conSUmer credit ~_ounseling agencfes for the county , , in which the propertY is located are s.Horth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immedlatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is iodefault for the reasons set forth later in this Notice (see following pages for spedficinrormation about the nature of your deraJift). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from tIie Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program AppHcation with one of the designated co~sumer crea:it counseling ag~ncies 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 H"ousing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLjCATION PROMPTLY. IF YOU FAIL TO DOSO OR IF YOU DO NOT . FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL YAND YOUR APPUCA TION FQR 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 wiIJ be pursued against you if yoU have met the timerequirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of itS de_clslon onJ,,-our-application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORM A TION PURPOSES ONL YAND SHOULD NOT BE CONSm.ERED_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 DEFAUL T-TheMORTGAGE debt held by the above lender on your property located at: 589 S. Middlesex Rd. Carlisle, Pa. 17013" .. IS SERIOUSLY IN DEFAULT because: A. YOU HA VE NOT MAD.E MONTHLY MORTGAGE PAYMENTS for the f<>ilowing-months and the following amounts are now past due: - 8-25-99 thru 10-25-99@$349.35pe"r monfh Other charges (explain/ilen"ze): Late fees $0.00 TOTAL AMOUNT PAST DUE: $1373.63 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do <lot usdfnot applicable) HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DA YS of/he date of this notice BY PAYING THE TOTAL AMOUNT PAST iJUE TO THE LENDER, WHiCH IS $073.63, PLUS ANY MORTGAGE PA YMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THiRTY (30) DAY PERIOD. Pavments must be made either by cash. cashier's check. certified check or money order made pavable and Sc.ntt0: -' ~-. allfirst banc 50 i -340 P.O. Box inn Baltimore, MD 21203 You can cure any other default by taking the following action within TIHRTY (30) DA YS of the date of this letter. (Do not use ifnot applicable.) IF YOU DO NOT CURETHE DEFAUL T-lfyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender lntends to exercise its rhzhts to accelerate-the mortga2"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 staft legal action to foreclose upon vour mortgaged propertY. IF TIlE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your cllse 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 ifthey exceed $50.00. Any attorney's fees will he added to the amount you owe the lender. which may also include other reasonable costs, If ,",ou cure the default within the THIRTY (30) DAY period, vou will not be reuuired to pav attornev's fees. OTIlER LENDER REMEDlES- The lender may also sue you personally for th!O unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the TIlJRTY(30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and prevent the sale at any time UP to one hour ~efore the Sheriffs Sale. You may do so bv paving the total amount then oast due. plus an;; late or other-chargeS then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv requirements under the mortgage. Curing your default in the mauner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARj"JEST 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 JtL months from the date of this Notice. A notice of the actual date ofthe Sheriffs 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 fmd out at any time exactly what the required payment or action will be by contacting the lender. . HOW TO CaNT ACT THE LENDER: Name of Lender: alllirst Address: alllirst 501-340 P.O. Box] 7292 Baltimore. MD 2 I 203 Phone Number: (800)441-7202 FAX Number: (302)934-2927 Contact Person: J. Hastings EFFECT OF SHbRIFF'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 laws.uit to remove you and your furnishings and other belongings could be. started by ~h_~Jender at any time. . . ASSUMPTION OF MORTGAGE- You uulUayor may not (CHECK ONE) 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 ana 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 mE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. . TO IIA VE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO TIlE 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 TIlREE TIMES IN ANY CALENDAR YEAR.). . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER TIlE MORTGAGE DQCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER TIlE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY NameofCounseling Agency: Signer and Title: . Telephone Number: Address: ~- -=- APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY American Red Cross-Hanover Chapter 529 CadisIe St Hanov.,-r; PA 17331 717-637-3768 FAX 717-637-3294 cces of Western PA 2000 Lingleslown Rd Harrisburg, PA 17102 717-541-1757 717-541-4670 Financial Counseling Services of Franklin 31 W.3"'St Wayn~oro, PA 17268 717-762.3285 Adams County Housing Authority 139-143 Carlisle St -- Gettysburg, P A 17325 717-334-8326 PennSylvania Housing Finance Agency (Marcia Hess) 227S-Swallow Hill Rd, Bldg. 200 . Pittsourgh, PA 15220 412-429-2842 FAX'I12-429-2835 ~~ Action Housing, Jne 4256'" Ave, Ste 950 Pittsburgh, PA 15219 412-391-1956 or412-281-2102 or 800:792-2801 FAXAI2-391-4512 CCCS,,{Western Pennsylvania, Inc 309 Smithfield St Pittsburgh, P A 15222 412-471-7584 Urban League of Pittsburgh Bldg for Equal Opportunity One Sm'ithfield St Pittsbuigh, P A 15222-2222 412-21.1-4802, FAX 4]2-261-5207 CCCS'orWestern Pennsylvania, Inc 217 EPlankRd Altoona;-PA 16602 814-944-8100 814-944-5747 Credit Counselors of P A 40 1 Wood St, Ste 906 Pittsburgh, PA 15222 412-338-9954 or 800-737-2933 FAX 412-338-9963 Indiana Co. Community Action Program 827 Water St, Box 187 Indiana, P A 1570 I 724-465-2657 FAX 724-465-5118 ... ~--. t . ~ ALLEGHENY COUNTY Mon,Valley Unemployed Committee 120 E 9'h Ave _ Homestead, PA 15120 412-462-9962 Credit Counselors ofPA 40 I Wood St, Ste 906 Pittsburgh, P A 15222 _ 4 ]2-33 8-9954 or 800-73'1~2933 . '. FAX 412-338-9963 Community Action Southwest 22 W High St .Waynesburg, PA ]5370 724-852-2893 Housing Opportunities 1337'" St, PO Box 9 McKeesport, PA 15132 412-664,1'906 FAX 412-664-0873 -ARMSTRONG COUNTY " , VERIFICATION. I, Norman F. Hudson, authorized representative for Plaintiff, depose and say subject to n the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoingComplaint in Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief. ~ ~~- ~ ~ ,~ l;!] v c . ~ Y' oF!'l~g or '('IE !lHt:,~~~F I)\I!' " , "M\ 'L3 8 61 ~\tlQQ i _ _" _i...'~ PE~';~'S~ilYAH\A ~ ~ l?S l:!:!!:!l ~ , .( ~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST fIkIa THE YORK BANK AND TRUST COMPANY, CIVIL DIVISION No.: 2000-1742 Plaintiff, ISSUE NUMBER: TYPE OF PLEADING: vs. FRANK M. RICH and MARY LOU RICH (deceased), PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Defendants. FILED ON BEHALF OF: AHtmt Bank f7k1a The Y orkBank and Trost Company Plaintiff I Hereby certify that the last known address ofDefendant(s) islare: Frank M. Rich: 589 S. Mi dlesex Road, Carlisle, PA 17013 COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. LD. #55650 Scott . Dietterick, Esquire Attorney for Plaintiff JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST f/kIa THE YORl{ BANk AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 2000-1742 vs. FRANK M. RICH and MARY LOU RICH (deceased), Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIRlMADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Frank M. Rich and Mary Lou Rich (deceased), in the amount of $24,889.28 which is itemized as follows: Principal Interest through 3/20/00 Appraisal and P & J Report Attorney's Fees Title Search and Costs $19,544.10 $ 1,585.18 $ 260.00 $ 1,000.00 $ 2.500.00 TOTAL $24,889.28 plus interest on the principal sum ($19,544.10) from June 8, 2000, at the rate of$4.69 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. & CONNELLY LLP By: Scott A. ietterick, E quire Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 " AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and COmn1onweaIth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duIy sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best ofPis knowledge, information and belief and certifies that the Notices ofIntent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me this~~ day of Du j'-f ,2000. U vrr7~ ~ Notary Public My COmn1ission ExpireS: . i!(HARIAl SEAL . IIICHEllE El.UOn; MOTARY I'lfZUC ~~!!!!: DAUPHIN coum PA .. ................. EXPIfIE8_ ... " ~"-'~-~-----'v'_ ... ~ ~- --~ . SHERIFF'S RETURN REGULAR CA.SENO" 2000 - 0 1 74.. l? , i .. - --..:;. --"- --- ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ~ , 3 ALLFIRST ET AL VS RICH FRANK M ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, pertsylvania, who bei~g duly sworn acco~ding to law, says, the within COMPLAINT - MORT FORE was served upon RI.CH FRANK M the . - - - -- '- DEFENDANT , at 0019:21 HOURS, on the 31st day of March J 2000 at 589 S MIDDLESEX ROAD CARLISLE, PA 17013 FRANK RICH by handing to -.' a true and attest,ed c;opy of COMPLAINT - MORT'PORE together with NonCE --~---~ and at the same time direc~ing His attention toihe contents thereof. ;, ,,= Sheriff's Costs; Docketing Service Affidavit Surcharge 18.00 3.10 ~c~.OO ~'10.00 .00 :31 .10 So Answers: '- r;;6:n;~~! R. Thomas Kine < , 04/03/2000 JAMES, SMITH, Sworn and Subscribed to before <,:.:-By: me this day of A.D.' Prothonotary SHERIFF'S RE~URN - NOT FOUND CA~E NO, 2000-017~ lp . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND. , ~.- - ALLFIRST ET AL VS RICH FRANK.M ET AL. R~ Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according co law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT RICH MARY LOU ~but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE. ., NOTICE , NOT FOUND , as to the within named DEFENOANT , RICH MARY LOU. ....... , ~:::x::orr::JffcIj.:):S.:-{D:ECEA~Ett:; - ~, . Sheriff's Costs: Docketing Not Found Return Affidavit Surcharge 6.00 ~5.00 .00 .10.00 ..qou 21.00 .. ~ R. Thomas Kli .. Sheriff of Cumberland County JAMES, SMITH, DURKIN 04/03/2000 SWGrn and subscribed to before me this day of. A.D. Prothonotary , 1 t IN THEuCOURT OF CO.MMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST, f7k1a THE YORK BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 2000-1742 VS. ERANK M. RICH and MARY LOU RICH, . . Defendants. IMPORTANT NOTICE TO: Frank M. Rich 589 S. Middlesex Road Carlisle,PA 17013 DATE OF NOTICE: April 27, 20.2.0 YOU ARE IN DEF AUL T BECAI]SE YOU HAVE F AlLEDTq ENTER A WRITTEN APPEARANCE PERSONALLY OR BYA TTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT2/ITBIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE E:&tEREDAGAINST YOU WITHOUT A HEARING, AND YOU . MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LE!JAL HEI,P. . LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle1 PA 17013 Phone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST, fikla THE YORK BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 2000-1742 . vs. FRANK M. RICH and MARY LOU RICH, Defendants. A VISO IMPORT ANTE A. Frank M. Rich FECHA DEL A VISO: _ Apri127,2000 USTED EST A EN REBELDIA PORQUE HA F ALLADO DE TOMAR LA ACCION REQUERIDAEN ESTE CASO. A MENOS QUE USTED TOME ACCION bENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICT AR UN F ALLO EN CONTRA SUY A SIN LLEV ARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPlEDAD Y OTROS DERECHOS IMPORT ANTES. USTED DEBE LLEV AR ESTE DOCUMENTO INMEDIAT AMENTE A SU ABOGADO. .81 USTED NO TlENTE UNABOGADO 0 NO PUEDE P AQAR UNO, VA Y A 0 LLAM:E LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUlR A YUDA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 JAMES, SM! . DATE: t le,?lO!J I } \ BY: FIRST CLASS J].S. MAlL, I'OStAGE PREPAID Seo A. letteriek, Esquire PA!.D. #55650 Attorneys for Plaintiff _ P.O. Box 650 Hershey, P A 17033 (717) 533-3280 lj , , \ . 1 , '". ~ ~ ~ CZl 51 .~ :< " I:jr-< ~ ~ c: ~ ~ ~ ~i ~ @ f>p g (") g I '" ~ .'< r- t;; ~ 0 C> <) ~ c;;;; <=> ~Tl s. c...- :~ -o~ , ).~ lT1"'l = ~ Zg:, Z ~ 1 '" '""T"l ";r---'-':' t;~ , "':, ;Ti \.0 :-.'0 -<<., '-', ' ~ ... ~..'.. ~C ::::jC). ~ -0 ~- 11 ~ ~ ~8 ::>: ~}~~ , ~ ~ (,)1" ~ ~ ';:;! ~ ~ =< CV :'0 0 -< ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST f/kIa THE YORK BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 2000-1742 vs. FRANK M. RICH and MARYLOU RICH (deceased), Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Frank M. Rich ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on IF? .t:JO . ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $24,889.28 plus interest on the principal sum ($19,544.10) from June 8, 2000, at the rate of$4.69 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. /Sf du:b R-X~ .;Qe]'Jtif) ~~/~ ..~. , "" ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST f/kla THE YORK BANK AND TRUST COMPANY, . CIVIL DIVISION NO.: 2000-1742 Plaintiff, vs. FRANK M. RICH and MARY LOU RICH (deceased), Defendants. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONQTARY: Please mark the judgment filed at the above-captioned term and nwnber satisfied. Respectfully submitted: JAMES, SMIT , DURKIN & CONNELLY LLP 'BY: ietterick, PA L . #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ~ ~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST f/k/a TIIE YORK BANK AND TRUST COMPANY, CIVIL DIVISION NO.: 2000-1742 Plaintiff, vs. FRANK M. RICH and MARY LOU RICH (deceased), Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy O~Oing Praecipe to Satisfy Judgment was served on the following this 1'"5:it day of .2001, via First Class U. S. Mail, Postage Pre-paid: Frank M. Rich 589S. Middlesex Road Carlisle, PA 17013 DURKIN & CONNELLY LLP BY: Scott . bietterick, Esquire PA LD. #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 i I en :< ~ ." . ~ ." cp'" ! ; ~ ; ~ ~ !>P '" ~ Q w ~ ~ t:: .'< f::: '"'" "\ . \ "\ ~ -' ~ Cl 0 .'\'I -<1 .-, -o~ r1 '.:.-'.~~, 21jl 0::> :zc ~;;.! ..--. ~~. 0""\ ':_',(~ L ~CJ -0 .-" (.~) ::: :E8 :x .-.--" %, '-? 0'" 5c: .., ~ :J1 ~>> ~ --' -<c.