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HomeMy WebLinkAbout00-02165 , GREAT V ALLEY SAVINGS BANK, * 11 Successor in Interest to Central * [1 Pennsylvania Savings Association, * '1 '1 L, Plaintiff * :~ * !') * " vs. 'I ~1 * ~ I KARTICC. DASSand * CHHANDA DASS, * Defendants * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 66 -,2/t..s CiUL( ~~ CIVIL ACTION - LAW > NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE COURT ADMINISTRATOR Fourth Floor Cumberland County Court House 1 Court House Square Carlisle, PA 17013 (717) 240-6200 . ~, ., '-,<. . ,-"--,. , --' ,-~c '~" -- GREAT V ALLEY SAVINGS BANK, Successor in Interest to Central Pennsylvania Savings Association, Plaintiff * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA * * * * No. vs. * * KARTIC C. DASS and CHHANDA DASS, Defendants * * CIVIL ACTION - LAW * NOTICIA Le han demandado a used en la carte. Si used quiere defenderse de estas demandas expuestas en las paginas siguientes, used tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Used Debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la carte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si used no se defiende, la carte tomara medidas y puede entrar una orden contra used sin previo a visa 0 notificacion, y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Used puede perder dinero 0 sus propiedades 0 otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE COURT ADMINISTRATOR Fourth Floor Cumberland County Court House 1 Court House Square Carlisle, PA 17013 (717) 240-6200 Page 2 of 6 .~ ,'- "' ~ -"1"'-', , ", GREAT V ALLEY SAVINGS BANK, * Successor in Interest to Central * Pennsylvania Savings Association, * Plaintiff * * vs. * * KARTICC. DASSand * CHHANDA DASS, * Defendants * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ()-o - ;:uc,,:,/ r!..wJ -r ~ CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff Great Valley Savings Bank, by its attorneys, Caldwell & Kearns, and does file the following Complaint against Defendants, Kartic C. Dass and Chhanda Dass, stating in support thereof the following: 1. Plaintiff Great Valley Savings Bank is a Pennsylvania bank and trust company duly incorporated and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 210 North Fifth Street, Reading, Berks County, Pennsylvania 19063. 2. Plaintiff, by merger, did acquire and succeed to the interests and assets of Central Pennsylvania Savings Association, formerly a Pennsylvania banking corporation, on or about October 1, 1994. Furthermore, it is noted that Fulton Bank, also a Pennsylvania banking institution duly incorporated and existing under the laws of the CommonwealthofPermsylvania, with its principal place of business located at One Penn Square, Lancaster, Lancaster County, Pennsylvania, is the authorized servicing agent for Great Valley Savings Bank in various geographical areas in the Commonwealth of Pennsylvania, to include Cumberland County, where it does have multiple places of business located therein. Page 3 of 6 I- ~ :: ~,-- > > ""r, .<7"'--. "'- -- ,-, , ,". =':-' '" 1F .-1'0-- 3. The Defendants, Kartic C. Dass and Chhanda Dass, are both adult individuals whose last known address is 902 Valley Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania 17025-1541. 4. On or about October 10, 1975, in consideration of a loan given by Central Pennsylvania Savings Association to Defendants Kartic C. Dass and Chhanda Dass, said Defendants did deliver and execute to Central Pennsylvania Savings Association, now Great Valley Savings Bank, a certain Note and accompanying mortgage, whereupon the Defendants did promise to pay the sum of $38,200.00 to Central Pennsylvania Savings Association with interest at the rate of 8.25% per annum. A true and correct copy of said Note is attached hereto, marked Exhibit" A" and made a part hereof by reference thereto, 5. As above stated, said Defendants did also execute and deliver to Central Pennsylvania Savings Association as security for the full and timely payment of said Note a Mortgage on certain improved real estate located at East Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 902 Valley Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania. A true and correct copy of said Mortgage is also attached hereto, marked Exhibit "B" and made a part hereof by reference thereto. Said Mortgage was thereafter recorded on or about October 16,1975, in and for the Office of Recorder of Deeds of Cumberland County in Mortgage Book 596, Page 61. 6, The obligation, as memorialized by said Note, did provide that said Defendants would commence making payments on November 1, 1975, and continue thereafter each consecutive month until the full amount of the obligation, to include principal and accrued interest, was fully paid, which would, if not sooner paid, be due and payable on the 1st day of October, 2005. As further agreed, the amount of the monthly payment to amortize said obligation over said period of thirty (30) years, the term of the Note, would be Two Hundred Eighty-Seven ($287.00) Dollars per month. Page 4 of 6 ::- ' ~ ,. . . ,>~,~^ ,-,..,_": ',c-. "r., _>:"",." -. .-'1' .< ,-,".,-, w 7, Said Defendants did fail to make the monthly payment due September 1, 1999, and has thereafter failed to make subsequent payments through March 1, 2000. 8. Said Defendants did not cure said default and the full amount of the obligation with accrued interest and costs is therefore due and payable. 9. The Defendants are presently in default on said obligation in the following amounts: Principal Interest through 03-29-00 Negative escrow Late Charge Life, Accident, Health Ins. Premiums Administrative Costs $16,961.40 $ 923.61 $ 307.16 $ 100.45 $ 175,28 $ 468.85 Total $18,936.75 Furthermore, the interest is accruing on said obligation at a per diem of $3.83 per day after March 29, 2000, along with continuing collection costs as may be authorized by the loan instruments. 10. As provided in the Note, Exhibit" A", a reasonable attorney's fee of $1,500.00 is demanded. 11. By virtue of the Collateral Mortgage, the said servicing agent Fulton Bank did issue to Defendants a Notice under the Homeowner's Emergency Mortgage Assistance Program (Act 91), on or about November 3, 1999. A true and correct copy of said notice with accompanying mailing certificate is attached hereto, collectively marked Exhibit "C" and made a part hereof by reference thereto. 12. Furthermore, servicing agent Fulton Bank did also issue on or about November 3, 1999, which contained a Notice of Intention to Foreclose the Mortgage as required by law. Page 5 of 6 . -,-- ~ - , J-_~, )"~"_o_,_,,_, I 0-' ~ , WHEREFORE, Plaintiff respectfully requests Your Honorable Court enter judgment in favor of Plaintiff and against Defendants, Kartic C. Dass and Chhanda Dass, in the amount of $18,936.75, plus $1,500.00, accrued interest and costs of suit. Respectfully submitted, CALDWELL & ARNS By: 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 (717) 232-7661 Date: April 7 , 2000 20531/ 5959 Page 6 of 6 h", , "-" --, ,,,-'/-,-,--~- -- ,-- 'r--__-- " , VERIFICATION I, Clint M. Miller, Vice President of Fulton Bank, who, having authority to execute this Verification on its behalf, verify that the statements and averments contained in the foregoing Complaint are true and correct upon my personal knowledge, information and belief. I understand that false averments herein are made subject to the penalties of 18 Pa. C.S. s4904 relating to unsworn falsification to authorities. FULTON BANK: By: ~~~ Page 7 of 7 - ,---"='-'\'0"_<, ;'" _i_;'~_C"',_~, _'.' -",' ,_~_;,-?_'-"'\,,_"') .< 1, --.'.-, . ". " NOTE 'J/.,r,-r li- t r.:J~-:' (r us $.......}~.!..?.9..9..:.9.9....................................... .................................!!~.;:.~h~y...................,.................. Penn.ylvania City Ootober 10 75 ......................................................................... 19.......... FOR VALUE RECEIVED. the under.igned promi.e to pay CENTRAL PENNSYLVANIA SAVINGS ASSOCIATION . or order. the principal .um of Thirty-Eight Thousand Two Hundred & 00/100 ($38,200.00) - - Dollar., with intere.t on the unpaid principal balance from the date of this Note. until paid. at the rate of eight & one-fourth percent per annum. The principal and intere.t .hall be payable at the Shamokin. Office of Central Penna. Savings Association . or .uch other pia"" a. the holder hereof may de.ignate in .writing. in con.ecutive monthly in.tallment. of Two Hundred Eighty-Seven &.. 00/100 .- - - - - Dollars (US $ 287. 00 ). on the 1 st day of each month beginning November 1st . 1975 . until the entire indebtedne.. evidenced hereby i. f';l!y paid. except that any remaining indebtedne... if not .ooner paid. .hall be due and payable on the 1 st day of October I 2005. If any monthly in.tallment under this Note i. not paid when due and remain. unpaid after a date .pecified by a notice .ent by certified mail to the under.igned at the addre.. .tated below, which date .hall be not less than thirty days from the date .uch noitce i. mailed. the entire principal amount outstanding hereunder llnd accrued intere.t thereon .hall at once becom.e due and payable at the option of the holder hereof. ' Failure to exercise such option shal! not cori.titute a waiver of the right to exercise such 'option if the undersigned i. in default hereunder. In the event of any default in the payment of this Note and if suit i. brought hereon, the holder hereof shall be en- titled to collect in such proceeding all rea.onable co.t. and expen.e. of suit, including. but not limited to, rea.onable attorney' 8 fee.. . The under.igned shall pay to the holder hereof a late charge of four (4) percent of any monthly in.tallment not received by the ~older hereof within fifteen (IS) days after the installment is due. The undersigned shall have the right to prepay the principal amount outstanding in whole or in part. provided that the holder hereof may require that any partial prepayments shall 'be made on the date monthly installment. are due and shall be in the amount of that part of one or more installment. which would be applicable to prin- cipal. Any partial prepayment shall be applied again.t the principal amount outstanding and shall not extend or postpone the due date of any subsequent monthly in.tallments or' change' the amount of such in.tallment.. unle.. the holder hereof shall otherwise agree in writing, Pre.entment. nolice of di.honor, and prote.t are hereby waived by all makers. sureties, guarantors and endorsers hereof, This Note shall be the joint and several obligation of all makers. sureties. guarantors and endorsers. and .hall be binding upoI\ them and ~heirheir.s, personal representatives, successors and ....ign.. The indebtedness evidenced by this Note is secured by a Mortgage, dated of even date herewith, and reference is made' thereto for rig~ts as to acceleration of the indebtedne.. evidenced by this Note. '. '. .' /!P~~~!.~--------- Summerdale, (Cumberland co.), Pa. .~" Kar't~"i5ass"" , ................................................ c~gilta~tas~.~.............................................. . .............................................................................................. Property Address (E.rcclIte Original Dilly) T"Frft:'MC-"T/7~'~"...O~f. ,,,. " .-,," - ..'4.' UWE HEREBY ACKNOWLEDGE RECEIPT OF A COpy OF THE MORTGAGE AND NOTE OR BOND AND WARRANT WHICH I/WE.EXECUTED IN ORDER TO CLOSE TillS TRANSACTION. ----~~~------ . r:~J.6lJa-7JI~ - PAY TO THE ORDER OF GOVERNMENT NATIONAL MORTGAGE ASSOCIATION WITHOUT RECOURSE THIS 3RD DAY OF NOVEMBER 191, CENTRAL PENNSYLVANIA SAVINGS ASSOCIATION WII lIam . fAY 10 TBE ORDER OP ;ENTRAL PENNSY'LI1ANIA SAVINGS ASSOCIATION . WItHOUT RECOURSE SOYaxlIoo IAIIOlW. 10il6AS! AS$OClAnGI BY~~ ' . ... . .",'-- . ,lIl/a,,, . uraine ~1TOR!lFt'~N.f~CT ~, tvllll#iD ,., 24 C.l4 ..., IAR 1 0 1976 "---- --1",", '''''''" . - - "'" - ~ --- THIS MORTGAGE is made this lOth the Mortgagor, KARTIC DASS & CHHANDA Harrisburg; Pennsylvania, \herein "~orrower")" a~d the Mortgagee. CE.NTRAL PENNSYLVANIA SAVINGS ASSOCIATION. a corpora- tton organized and eXlSttng under the laws of the Commonwealth of Pennsylvania, whose address is 100 W, Indepen- dence Street, Shamokin, Pennsylvania (herein "Lender"), WHEREAS, Borrower is indebted to Lender in the principal sum of Thirty-Eight Thousand Two Hundred & 00/100 ($38,200.00) Dollars. which indebtedness is evidenced by Borrower's note of even date herewith (herein "Note"). providing for monthly installments of principal and interest. with the balance of the indebtedness, if not sooner paid, due and payable on October 1st, 2005. day of DASS, his October wife, of 903 N. 2nd ,1975 ,between Street, Il . MORTGAGE (SHORT FORM) 'I . 111. ""."'.I...o...eo...tuU,...PO.,...... o tcJS'- /;50"- TO SE.CURE to Lender (a) the repayment of the indebtedness evidenced by the Note. with interest thereon; (~) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security or this Mortgage; (c) the performance of the covenants and agreements of Borrower herein contained; (d) the per- formance of the covenants and agreements incorporated by reference hereinto; and (e> the repayment of any future advances. with interest thereon. made to Borrower by Lender pursuant to paragraph 21 hereof or incorporated by reference herein to (herein "Future Advances"). Borrower does hereby mortgage. grant and convey to Lender the following described property located in the County of Cumberland . Commonwealth of Pennsylvania, ALL that certain piece or parcel of land, situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the Summerdale-Wertzville State Road, said point being at a distance of sixty-two (62) feet measured in a westerly direction from the westerly line of a proposed fifty (50) feet wide roadl thence in a southerly direction at right angles to said state road. two hundred (200) feet to a point; thence in a westerly direction along lands now or late of John C. Roth, et ux, parallel with said state road'one hundred (100) feet toa point; thence in a northerly direction along lands now or l~te of John C. Roth, et ux, and at right angles to said state road two hundred (200) feet to a point in said Summerdale-Wertzville State Road I thence in an easterly direction along said state road one hundred (100) feet to the point and place of BEGINNING. HAVING thereon erected a single bi-level brick and aluminum dwelling with integral double car garage, said premises being known and numbered as 902 Valley Street. BEING the same premises which Albert Robert Straub and Barbara Lou Straub, his wife, conveyed unto KarticDass and Chhanda Dass, his wife, Mortgagors herein, by deed intended to be recorded simultaneously herewith. ~LSO being the same premises which Chas. Adler & Son, Inc., a Pennsylvania Corporation, by its deed dated June 10, 1974, and which deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County, pennsylvania, in Deed Book "Q", volume 25, Page 809, granted and conveyed unto Albert Robert Straub and Barbara Lou Straub, his wife. ~~ .... 61 BOOK 5 96 r~Gt ,L~ --- TOGETHER with all,the i".'provem~nts now or ,hereafter erected on,the proper~, and ~Il easements, rights, ap_ purtenances. rents, Toyalbes, nnneral, 011 and gas lights and profits, water, water lights, and water Block and all fixtures now or he!eafter attached to the property, all of which, including replacements and additions ther~to, shall be; dee.....ed to be and remain a part of the ,property covered,by this Mortgage: and all of the foregoing, together ::"th sSld p,roperty (or the leasehold estate In the event this Mortgage is on a leasehold) are herein referred to as the Property . Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, that the Property is unencumhered, and that Borrower will warrant and defend gen- erally the title to the Property against all claims and demands, subject to any easements and restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property. Borrower and Lender hereby expressly adopt and incorporate by reference into this Mortgage and hereby agree to be bound by the general provisions. covenants, conditions and obligations recited in the Stipulation of Gen- eral Mortgage Provisions recorded by Lender in the office of the recorder of deeds of the county in which the Property is located and in which this Mortgage is offered for record on the date, in the volume and at the page as follows: Deed Book County Date of Record Volume Page Cumberland March 10, 1975 Mtg. 586 901 Such General Mortgage Provisions shall be Uniform Covenants I through 17 and Non-Uniform Covenants 19, 20. 2 I and 2.3 of this Mortgage. Borrower and Lender agree that all references to the Property, Borrower, Lender and Note contained in the above described Stipulation of General Mortgage Provisions shall be construed to mean the Property, Borrower, Lender and Note defined herein, Borrower acknowledges receipt of a copy of the complete text of the General Mortgage Provisions hereby incorporated by reference into this Mortgage. ADDITIONAL NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 18., Acceleration; Remedies, Except as provided in paragraph 17 hereof, upon Borrower's breach of any cove- nant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (I) the breach; (2) the action required to cure such breach; (.3) a date. not less than thirty days from the date the notice is mailed to Borrower. by which such breach must be cured: and (4) that failure to cure such breach on"r before the date specified in the notice may result in acceleration of the sums secured by this Mortgage and sale 0(. the Property. If the breach is not cured on or before the date specified in the notice, Lender at Lender's option may' dedare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all ex- penses of foredosure, including, but not limited to. reasonable attorney's fees and costs of documentary evidence, abstracts and title reports, 22. Release, Upon payment of all sums secured by this Mortgage, this Mortgage shall become null and void and Lender shall discharge this Mortgage, without charge to Borrower. Borrower shall pay all costs of recordation, if any. IN WITNESS WHEREOF, _~J:_~_____ Borrower has executed th is Mortgage. h~ Kar.ta:J;...Dass-=................................~::::B~;~~l).. .d~.J..~...'J2..~........~..................... (Seal) ChhandaDass -Borrower Witnesses: .................h.......................................................................... 902 Valley Street, Summerdale, (Cumberland Co.), Penna. ...................................................-................................~...... Property Address Commonwealth of Pennsylvania. On this, the 10th Notary pUblic, his wife, known to me (or satisfactorily proven) to be the persorS whose nameS subscribed to the within instrument ,and a~knowledged that Cumberland day of October, the undersigned officer, personally appeared County sa: , ,1975 Kartic . before me, a Dass & Chhanda Dass, are they executed . "~-,"!:... . I .. . ; '1Uf.,. IN WITNESS WHEREOF, I.hereunto set my hand and official seal. . :.-~; ',.'.: '.'0 My Commission Expire~: . /)y': ~ ,(') (il~ 1// l.t...,? ....':tl-.:k1. . ....1""...d~....;;~;~i,;;.:. (Seal) . WI ED P. WllBaT, Holar)!oblll:' /'~.:. ;. : C lp ~jl1. P'1lIberland Co" fa. ' " . .: ~' " .:: ........,.,...~.~~.~lJ~il'!tir~,~./':.,,'~,... TItJe of Office"'~,., ~:if ;td .:: '. ~ ) .,,,.' . CERTIFICATION OF LE:NDER'S ADDRESS The residence and.post office address of the ahove named Lender is: 100 West Independence Street, Shamo- . kin. Pennsylvania. 17672, the same for the purposes herein contained. , IK :)98 PAtE " .,.---..- --- GENERAL MOlnGAGE HEREWITH: UNIFO[{M COVENANTS, Borrower and Lender covenant and agree a. follow.:, 1. Payment 01 I'rlnclpal and Interest, Borrower shall promptiy pay when due the principal at and Interest on the indebted- ness evldcnccc.l uy the Note, prepayment and late charges as provided in the Note, and the principal of and interest on any Future Advances secUl'ed by this Mortgage. .- . .. II" PROVISIONS INCORPORATED BY REFERENCE ~ NOT TO BE RECORDED ..! J 2. Fund. lor Taxes and 1nsuran~e. Subject to Lender's option under paragraphs 4 and 5 hereof, Borrower shall pay to Lender ~n the ~ay Illonthly instaUments of prmclpal and Interest are payable under the Note, until the Note is paid In full, a sum (heretn Funds) .quoltu one-twellth of the yearly taxes and assessments which may attain priority over this Mortgage and ground rents ?n the I Property, it any, plus one-twelfth 01 yearly premium Installments for hazard Insurance plus one-twelfth ~f yearly premium mstal ments lor Illongage insurance, if any, aU as reasonabiy estImated initially and from tI~e to time by Lender on the basis of assessments alld bills and reasonable estimates thereof, The Funds shall be held In an institution the deposits or accounts of which are mSUl'cd 0" gUllI'llnteed by a Federal or state agency (Including Lender It Lender Is such an institution). Lender shall apply the IFunds to pay suld tuxes, assessments, Insurance premiums and glound rents. Lender shall make no charge tor so holding and apply- ng the Fun~s or verifying and .compiling said assessments and bills, Borrower and Lender may agioee In writing at the time 'of: execution at this Mortgage that mterest on the Funds shall be paid to Borrower, and unless such agreement Is made Lender shalt not lbe FreqUlL'Ud tu pay Bon-ower any interest on the 'Funds. Lender shall give to Borrower, without charge, an annual accounting of t lei unds showll1g credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are p edged as additionaL security tor the sums secured by thLs Mortgage, If the amount. of the Funds held by Lender, togethel' with the tuture monthly Installments of Funds payable prior to the due. ?ates of taxes, ~Sl:II.::~::lments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments mSUl'ance prClnlUmli nnd ground rents as they 1all due, such excess shall be, at Borrower's option. either promptly repaid to Bor~ rower or credited to Borrower on monthly installments of Funos. If the amount ot the Funds held by Lender shall not be suffi- cIent to pay tuxes, !\ssessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to muke up the deficiency within thirty days after not;ce from Lender to Borrower requesting payment thereof. Upon payment In full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If un~er paragraph 18 hereof the Property is sold or the F roperty Is otherwise acquired by Lender, Lender shall apply, no later than lUll11ediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of ap- plication as n credit against the sums secured by this Mortgage. 3. Application 01 Payments. Unless appllcable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under para- grapl1 2 hereof, then to Interest payable on the Note and on Future Advances, It any, and then to the principal of the Note and to the principal of ,'uture Advances, If any, ' 4. Charges; Llcns, Borrower shall pay all taxes, assessments and other charges, fines and Impositions attributable to the Property which may attain a priority over this Mortgage, and ground rents, it any, at Lender's option in the manner providea under paragraph 2 hereof or by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to Lend... all notices of amounts due under this paragraph, and In the event Borrower shall make payment directly, Borro~er shall promptly furnish to Lender receipts evidencing such payments, Borrower shall promptly discharge any lien '!INch has pnorlty OVCI' this Mortgage; provided, that Borrower sllall not be required to discharge any such lien so long as Borrower shall agree In writing to the payment of the obligation secured by such lien In a manner acceptable to Lender, or shall In good taith contest such Iicn by, or defend enforcement of such lien In, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof, 5. Hazard Insurance. Borrower shall keep the Improvements now existing or hereatter erected on the Property insured against 105s by fire, haz.ards included within the term Hextended covera&e"t and such other hazards as Und~ may require and in such amounts and for such periOdS as Lender may requirej provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. The Insurut1t'a carrier providing the insurance shall be chosen by Borrower subject to approval by Lend.er; provided, that such' approval shall not be unreasonably withheld, All premiums on insurance policies shall be paid at Lender's option in the manner provided \mder paragraph 2 hereof or by Borrower making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in form acceptable to Lender and shall Include a standard mortgage clause in favor of and in {V1."In acceptable to ~nder. Lender shall have the right to hold the policies and renewals thereof, and Borrower shaH promptly fun~ish to Lender all renewal notices and all receipts of pald premlums. In. the event of loss, Borrower shall give prompt notice tu the insurance carrier and Lender, and Lender may make proof of loss if not made promptly by Borrower. Unless Lcnden' and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged. provided such restoration or repair is economically feasible and the security of this Mortgage is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired. the insurance proceeds shall be applied to the sums secured by this Mortgage, with the excess, it any, paid to Borrower. If the Property is abandoned by Barrower or if Borrower fails to respond to Lender within 30 days after noUce by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits. Lender Is authorized to collect and apply the insurance proceeds 1\t Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to prinCipal shall not extend or postpone the due datt~ of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such install- ments. If under paragraph 18 hereof the Property Is acquired by Lender, all right, title and Interest ot Borrower In and to any Insur- ance policies and In and to the proceeds thereof (to the extent of the sums secured by this Mortgage Immediately prior to such sale or acquisition) resulting from damage to the Property prior to the sale or acqUisition shall pass to Lender. 6. Preservation and Maintenance of Pro-perty; Leaseholds; Co-ndo-minlums, Borrower shall keep the Property In good repair and shall not pel'mit or commit waste, impairment, or deterioration of the Property and shall comply with the provisions of any lease, if this Mortgage is on a ieasehold. If this Mortgage is 011 a condominium unit, Borrower shall perform aU of Borrower's obligations under the decleratlon of condominium or master deed, the by-laws and regulations of the condominium project and constituent documents. '1. Protection of Lender's Security. If Borrower :fails to perform the covenants and agreements contained in this Mortgage, at if any action or proceeding Is commenced which materially affecls Lender's interest In the Property, Including, but not limited to, eminent domain. insolvency code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notic~ to Borrower) may make such appearances, disburse such sums and take such action as is necessary to protect Lender's Interest including but not limited tO,disbursement of reasonable attorney's tees and entry upon the Property to make repairs. An:\. amou'nts disbur~ed by Lender pursuant to this paragraph 7, with interest thereon, shall become addltionalln- debtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of" payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest .trom ~h.e .datlne of dis- bursement at the rate stated in the Note unless payment of tnterest at such rate would be contrary to applicable law, which event such amounts shall bear interest at the highest rate permissible by applicable law. Nothing contained In this paragraph .1 shall require Lender to incur any expense or do any act hereunder. 8. Inspection Lender may make or cause to be madc reasonable entries upon and inspections ot the Property, provided that Lender shall give Borrower nollce prior to any such inspection specifying reasonable cause theretor related to Lender's Interest In the Property. ,9. CQndemnation. The proceeds of any award or claim for damages, direct or consequential, in connecUon with any condem- nation or other taking of the Property, or part thereof, or for conveyance in Ileu of condemnation, are hereby assigned and shall be paid to Lender, In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in "- , , ---- - .l:~~ writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is equal to that proportl which the amount ot .the sums sccured by this Mortgage Immediately prior to the date of taking bears to the fair market value ':,~ the Property Immediately prior to the date of taking, with the balance,ot the proceeds paid to Borrower. II the Property i~ abandoncd by Borrower or if after notice by Lender to Borrower that the condemnor offers to make an award or settle a cla1m for damages, Borrower falls to respond to Lender within 30 days of the date of such notice Lender is authorized to collect and apply the proceeds at Lender's option either to restoration or repair of the Property or to the sums se- cured by this Mortgage, Unless Lender and Borrower otherwise agree In writing, any such application of proceeds to prineipal shall not extend or postpone the due date of the monthly installments referred to In paragraphs I and 2 hereof or change the amount of such Install- n'l,cnts. 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor In interest of Borrower shall not operate to release In any manner .the liability of the origmal Borowcr and Borrt?wcl"s successors in intercs~. Lend~r shall n?t ~e required to commence proceedings against such sue... cessor or rt:::!ust::: to extend time for payment or otherWise modify amortl't.atlon of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Forbearance by Lender Not a Waiver. Any iorbearance by Lender in exerCising any right or remedy hereunder or other- wise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy hereunder, Th~ proeure- ment of insurance or the payment of taxcs or other liens or charges by Lender shall not be a waiver of Lender's right to aecelerate the maturity of the indebtedness secured by this Mortgage, lZ. Remedies Cumulative. All remedies provided In this Mortgage are distinct and eumulaUve to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, Independently or successively. 13. Suceessors and Assigns Bound; Joint and Several LlablUty; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective SUCCessors and assigns of Lender and Borrower, SUbject to the provisions of paragraph 17 hereof. All covenants and agreements of Borower shall be joint and several. The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to Interpret or define the provisions hereof, 14, Notlee. Any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by certified mall addressed to Borrower at the Property Address stated below, except for any notice required under paragraph 18 hereof to be given to Borrower in the manner prescribed by applicable law, Any notice provided for in this Mortgage shall be deemed to have been given to Borrower when given in the manner designated herein. . ._, 15. Uniform Mortgage; Governing Law; SeverablUty. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Mortgage shall be governed by the law. of the jurisdiction in which the Property is located. In the event that any prOVision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provistons of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Mortgage and the Note are declared to be severable. . . 16. Borrower's Copy, Borrower shall be furnished a conformed copy of this Mortgage at the time of execution or after recor- dation hereof, 17, Transfer of the Property; Assumption, If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumberance subordinate to this Mort.. gage, (b) the creation of a purchase money security interest for household appliances, Cc) a trahsfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Mortgage to be immediately due and pay... able. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Prop... erty is to be sold or transferred reach agreement in writing that the credit of sueh person is satisfactory to LeIlder and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17 and if 'Borrower's successor in interest has executed a written assumption agreement acepted in writing by Lender, Lender shall release Borrower from all obligations under this Mortgage and the Note, If Lender exercises such option to accelerate, Lender shall mall Borrower notice of acceleration In accordance with para-' graph 14 hereof, Sueh notice shall provide a period of .not less than 30 days from the date the notice is mailed within which Bor- rower may pay the sums declared due, If Borrower faHs to pay such sums prior to the expiration of such period, Lender moy,' without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. ' NON.UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: ,. { .' " 19. Borrower's Right to Reinstate, Notwithstanding Lender's acceleration Qf tl'_':/'ums seeured by this Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to at least one hour prior to the commencement of bidding at a sheriff's sale or other ludlcial sale pursuant to this Mortgage If: (a) Borrower pa,tS'Lender all sums which would be then due under this Mortgage, the Note and notes securing Future Advances, if any, had.no acceleration o,ccurred; (b) ,Borrower cur~~_ f!1l bre~chcs of any other covenants or agreements of Bqrr~'\Ver contained in this Mortgage;' (c) Borrower pays all Teasonab1e expenses incurred by Lender in enforcing the covenants .and agreements of Borrower contained in this Mortgage and' in :enfercing .Lender's rernedies as- provided' in paragraph'IS',hereof, including, but not limitcd to. r~aso'1abieattorneY's,fees;, and (d) Borro,..,e, takes ,uch actio'1a~.Le\,p.e;,may reasonably reqUire to ass!",e .that the 'lien of this Mort~age, Lender's mterest in 'the Property and Borrower's obilgation to pay the 'sums secured by th1s Mortgage shall'continue unimpaired, Upon such payment'and cure by Borrower"this Mortgage and,the obligations secured hereby shall re- main in full force, and effect as if 110 a.cceleration had ?cc~rred. . <0 > . 20, Assignment of Rents; Appo\l\tmetii o~ Receiver:' Lender In Possession. As ad,HtlonaI secUrity hereunder, Borrower hereby assigns to Lend." the., r-ents of the ,Propcrty. provided that Borrower,shall, prior to acceleration \lnder paragraph 18 hereof or abandonment of the Property, have the right to coll~ct and retain such rents as they become due and payable, Upon acceleration under para_p;raph 18 hereof or abandonment of the Property, Lender, in person, by agent or by jUdicially appointed receiver. shaH be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those. past duc. 'AIi,rents collected' by. Lender or the receiver shall be applied ilrst to payment of the costs of management of the Property and collection of rents, ineluding, but not limited to, 'receiver's fees, premiums on re.ceiver's bonds and reasonnblc attorney's fees, and'then to the sums secured by this Mortgage, Lender and the receiver shall be liable to account only fnr those rents actually received, . . 21. Futute Advances. Upon request or Borrower, Lender, at Lender's option, prior to release ortTils~oriiage:'may-mike Futurc Anvonces to Borrowcr. Such Futurc Advances, with intcre,t thereon. shall be secured by this Mortgage when evidenced by ilfbmi<sory notes stating'lhat said notcs arc se'curcd hereby. At no time shall the prineipal amount of the Indebtedne.ss se.cured by this Mortllallc, not includiJlg sums advanccd in accordance hcrewlth to' protect the security of this Mortgage, excced, the orlglnal amount of the Note. 23. Purchase nfoney Mortgage, If all or part of the sums secured by this Mortgage are lent to Borrowcr to acquire titie to the Property, this Mortgage is hereby declared to bc a Pllrcha~c./ll9IlelOFm'H's'YIv"nla } 5S ,)unty ot Cumberland Return To:. ,,,rded in the office for the' reCording of Deedt, .nd for Cumberland County" Pa. ~ Book ,___ Vol. ~;t . Pa9& d,/ ....,,, my hand and seal of office, at .;, t., -hiS~ of ' t9% , ~ 1I..1J '" . _..:.::,--~ " ,~t.a~.~a ':,:.~\1-(""'~ ANDREW M, P~PA, JR. ATTORNEY AT I...AW COMMERCE AT MARKf.:T STREET SHAMOKIN, PENNSYLVANIA 17872 . . ". ",' , '. Fulton Bank People dedicated to your success, ~ P,O, BOX 4B87 . LANCASTER, PA 17604 November 3,1999 ACT 91 NOTICE , TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home. This Notice explains how the program works. To see ifHEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end ofthis Notice. If you have any questions. you may call the Pennsylvaniil Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDlDA DEL DERECHO A REDIMIR SU HIPOTECA. ~'t'<f'''!!!!'t~~",. - ,~....,...,. '"~_ _" T"!!!l'!:m1'l FUlton Bank People dedicated to your success.;o Act 91 Notice Page 2 Kame C. Dass & Chhanda Dass November 3, 1999 HOMEOWNER'S NAME(S): Kartie C. Dass & Chhanda Dass PROPERTY ADDRESS: 902 Valley Street. Enola. PA LOAN ACCT. NO: 5700765214 ORIGINAL LENDER: Fullon Bank CURRENT LENDERlSERVICER: Fullon Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FO~ FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR lfOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay offorec1osure 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 WITIlIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice, It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1(800)342-2397 ~- .~ 'r " - <-"~.~~.~, '"'' .,"" . , Fulton Bank People dedicated to your success." Act 91 Notice Kartic C. Dass & Cbbanda Dass November 3, 1999 Page 3 APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consurner credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEF AUL T (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 902 Valley Street. Enola. PA IS SERIOUSLY IN DEFAULT because: You have failed to make the following mortgage payments as indicated below. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Three (3) payments of principal and interest in the amount of $287.00, due for the months of September 1999, October 1999, and November 1999; three (3) payments of escrow items in the amount of $208.16 each, due for the months of September 1999, October 1999, and November 1999, and three (3) payments of credit insurance in the amount of$25,04 each, due for the months of September 1999, October 1999, and November 1999. Late charges have accrued to this date in the amount of $28,70, Other charges (explain/itemize): Legal Costs: $468.85 TOTAL AMOUNT PAST DUE: $2.058.15 The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1(800)342-2397 '!'_t"<f""~ ",_di'l ~" --~---"""""...." Fulton Bank People dedicated to your success, ~ Act 91 Notice K.rtic C. D.ss & ehh.nd. D.ss November 3, 1999 P.ge 4 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,058.15 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier'~ check. certified check or money order made payable and se]1t to: Fulton Bank c/o James D. Martin Loan Review - 4th Floor 29 E. King Street Lancaster, PA 17602 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage 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 fun payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the ri~ht to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You roIlY do so by payin~ the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by perfonning any other requirements under the mortgage. Curing your default in the manuer set forth in this notice will restore your mortgage to the same position as if you had Dever defaulted. The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1(800)342-2397 .O"'7~_ ~ '''".o~ ~ ,~ ~ ~ " ~ '~T"_"I'I "1_' " ~-~ -.'- -,~~~,. Fulton Bank People dedicated to your success.. Act 91 Notice Kartic C. Dass & Chhanda Dass November 3, 1999 Page 5 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 six (6) months from the date of this Notice. A notice of the actual date of the 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 find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Fulton Bank 29 E. King Street, 4th Fl., Lancaster, P A 17602 Address: Phone Number: (717) 291-2459 (717) 397-6268 Fax Number: Contact Person: James D. Martin EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time, ASSUMPTION OF MORTGAGE -- You _ mayor -X- may not (CHECK ONE) seII or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements ofthe mortgage are satisfied, The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1(800)342-2397 .-'~- " .- - ~ ,~,~~ ~. Fulton Bank People dedicated to your success,~ Act 91 Notice Kartic C. Pass & Cbbanda Dass November 3, 1999 Page 6 YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL T HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, k C~il J{jhes D, Martin Loan Workout Officer Doug Weiser, Manager. Silver Spring Branch Tbe Pennsylvania Housing Finance Agency can be reacbed TOLL FREE at 1(800)342-2397 ~__ __~~.m.",. _ r- '''" ~- .. .. .~~" Fulton Bank People dedicated to your success, ~ Act 91 Notice Kartic C. Dass & Chhanda Dass November 3, 1999 Page 7 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix Co FOR THE COUNTY in which the prolJert;y is located. using additional pages ifnecessa1Jl) CUMBERLAND COUNTY: Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3'd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N, 6th Street Harrisburg,PA 17101 (717) 234-5925 FAX: (717) 234-9459 YWCA of Carlisle 30 I G Street Carlisle, PA 17013 (717) 243-3818 FAX # (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, P A 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1(800)342-2397 i':>-':h"',-~~ ,~ 'W"TJ ~ 1/)3/97 . cJl ~, \if 852 813 postage f1o).S"-j5:lf; $ ,s-S- I, Lj 0 Certified Fee Spedal Delivery Fee Restricted Delivery Fee "' ~ Retum Receipt Showin ..... 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"CD iil "€! lli at " - .~..~~ -'~-~~" --:,oJ . \ SHERIFF'S RETURN - REGULAR CASE NO: 2000-02165 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREAT VALLEY SAVINGS BANK VS DASS KARTIC C ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DASS KARTIC C the DEFENDANT , at 0019:07 HOURS, on the 25th day of April , 2000 at 902 VALLEY ST ENOLA, PA 17025 by handing to KARTIC C. DASS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 So Answers: ,r~~1 R. Thomas Kline 04/27/2000 CALDWELL & KEARNS Sworn, and Subscribed to before By: ~~~i~- me this 51!!::- day of ~ ~ A.D. 0;. O~ - '. rothonotary' ~ 0;:- ",,~pr ", ~~. c, . SHERIFF'S RETURN - REGULAR CASE NO: 2000-02165 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREAT VALLEY SAVINGS BANK VS DASS KARTIC C ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DASS CHHANDA the DEFENDANT , at 0019:07 HOURS, on the 25th day of April 2000 at 902 VALLEY STREET ENOLA, PA 17025 by handing to KARTIC C. DASS (HUSBAND) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~. ~ ~~ r. .... .. ~ R. Thomas Kline 04/27/2000 CALDWELL & KEARNS Sworn and Subscribed to before _0.- ~- By: ~~ ~~ri~~ me this day of ~ ~ A.D. CIr- c2 /}r ./,,'-/ ~ rothonotary ---~ ~