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HomeMy WebLinkAbout00-04455 M" :c",: -, --co ,-~ - . ",,~, "I:,;, '" ..' ii,' " - ,,~,-;.-;,~+ , ( . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST BANK f/kJa FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, vs, GERALD A. FOGELSANGER and LEIGH R. FOGELSANGER, Defendants, TO: DEFENDANT(s) yall ARE EffiREBY NOTIFIED TO PLEAD TO TIlE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FR.oMS YICEHEREOF ORADEFAULTJUDGMENT ATTO I HEREBY CERTIFY THAT TIlE ADDRESS OF 'fIlE PLAINTIFF IS: P.O. Box 77408 EwiDg, NJ 08628 AND TIlE DEFENDANT(S): Gerald A. Fogelsanger 125 Fogelsanger Road Shippenshurg, P A 17257 Leigh R. Fogelsanger llPoplar ane, R D 1 Newburg A 24 ATTO CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ST TE AFFECTED BY TIllS LIEN IS llPopl nrg, P A 17240 CIVIL DIVISION NO.: 06- ~ Ci,,~l~~ TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Allfirst Bank f/k/a First National Bank of Maryland successor by merger to Dauphin Deposit Bank and Trust Company Plaintiff, COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. LD. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey,PA 17033 (717) 533-3280 . . ,""" ,- "' ~" ,~ ~'"-'- .'. ",,':":_.1 ,,;. ".' , '~', ' , . r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST BANK f/k/a FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: Plaintiff, vs. GERALD A. FOGEL SANGER and LEIGH R. FOGEL SANGER, 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 ajudgment 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 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 REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/k/a FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: Plaintiff, vs. GERALD A. FOGELSANGER and LEIGH R. FOGELSANGER, Defendants. A VISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y A viso radicando persona1mente 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 falla de tomar accion como 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. U sted puede perder dinero 0 propieded u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME A VA YA A LA SIGUEINTE OFICINA PARA A VERlGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL, LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 c '<,--," , "'--, ~' <, ' '< "' "" '. ,-- ,;~ :',1--' ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST BANK f/kJa FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: {to - <1'15-5 ~ ~ Plaintiff, vs. GERALD A. FOGELSANGER and LEIGH R. FOGELSANGER, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Allfirst Bank f/k/a First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, by its attorneys, James, Smith, Durkin & Connelly LLP, files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Allfrrst Bank f/kJa First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company with a business address of P.O. Box 77408, Ewing, New Jersey 08628. 2. The Defendants, Gerald A. Fogelsanger and Leigh R. Fogelsanger, are adult individuals whose last known addresses are 125 Fogelsanger Road, Shippensburg, Pennsylvania 17257 and II Poplar Lane, R D 1, Newburg, Pennsylvania, 17240, respectively, or P.O. Box 3703, Joplin, MO 64803. .,",,'" '6"-'-'" " .'" ,~'I ~,-:":,:,: " ,: 3. On or about June 24, 1987, Defendants executed a Note in favor of Plaintiff in the original principal amount of $43,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. . 4. On or about June 24, 1987, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $43,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 26,1987, in Mortgage Book Volume 871, Page 252. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", 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 February 15,2000, Defendants were mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice 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. ~101, et seq. A true and correct copy of said Notices are marked Exhibit "C", attached hereto and made a part hereof. 8. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest through 6/26/00 Late Charges Escrow Advances Attorney's Fees Court, Sheriff & Title Costs $ 11,885.24 $ 1,467.34 $ 212.41 $ 1,911.00 $ 800.00 $ 2.500.00 TOTAL $18,775.99 ~--,<, , '~ ~ , 0' q "", . .' ,I".d , =_,'.^, ~ I~".": ';- , < plus interest on the principal sum ($11,885.24) from June 26, 2000, at the rate of $4.46 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, IS U.S.C. ~ 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, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, Plaintiff demandsjudgmentin mortgage foreclosure for the amount due of $18,775.99 with interest thereon at the rate of $4.46 per diem from June 26, 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 JAMES, SMIT , DURKIN & CONNELLY LLP BY: Scott A. Di tte ck, squire Attorneys for Plaintiff P A J.D. # 55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. _IT" 371S1;4 , , ADJUSTABLE RATE NOTE (1 Year Treasury Index ~ Rate Caps) THIS NOTE CONTAINS PROVISIONS AL1.0WING FOR CHANGES IN MY'INTERES7 RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT .ANY ONETIME AND THE MAXIMUM RATE I MUST PAY. June 24 87 .............................................., 19...... Shippensburg ..........................ic;;;j........................, Penna~lvania ......................~..................................... [State) R.D.# 1 Nei,burg, PA 17240 . . ................................................................................................................................................................................................. [Property Address] 1. BORROWER'S PROMISE TO PAY In return for.a loan that I have received, I promise to pay U.S. $ ...~~.~.?~9~~9...r"".....D(this &mOllnt is called " .. I") i' h d f h L d Th L d' lJaupu"-n epOS:L'C!:lanK prmClpa. '1" pus mterest, to t e or er 0 teen er. e en er IS ................................................................ ........~~.....~~~...~9~J2!'!!?l.................................................................................................................................................. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of ...7...$.15....%. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay hoth before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. August 1 I will make my monthly payments on the first day of each month beginning on ...................................................., 19....8.7.. 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that 1 may owe under this Note. My monthly payments will be applied to interesI before principaL If. on ...........JJlJ.:l..J....................... 20 Q;L.., I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." PA 1710 I will make my monthly payments at ....m..~I:?,~~.~t.~~;r;,:::~:h....~~.:s~::':~~~!;r'.9.I...........................~.................. .. .... ..... ...... ........ ................................. ...... ................................ ... .... ....... .......... .......... .... ....... .... .................. or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments 407.83 . Each of my initial monthly payments will be in the amount of U.S. $............................ This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) CbangeDatell The interest rate I will pay may change on the first day of .........................}]4.Y..........., 19 .!?~..., and on that day every 12th month thereafter. Each date on,which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." MULTISTATE ADJUSTABLE RATE HOTE-ARM 5-1-SingIe Family-Fannie Mae/Freddie Mac Uniform Instrument Form 3501 3/85 . I "'. 'liL , If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice .of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding........~~~...................... .........................,........ percentage points (.....i?!.R....%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125.%).. Subject to the limits stated in Section 4( D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the firsI Change Date will not be greater than .......~~3.?~.....% or less than .......6.~37.5......%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One and ~% (J~%)' -... from the rate of interesI I have been paying for the preceding twelve months. My . t t t '11' b h . 12 875 % In eres ra e WI never e greater t an ...........!............... . (E) Effective Date of Changes Mynew interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. 1f a refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments . 15 If the Note Holder has not received the fuIl amount of any monthly payment by the end of ......................................... calyndar days after the date it is due, I will pay a late charge to Ihe Note Holder. The amount of the charge will be .....~......... % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (ll) Default If I do not pay the fuIl amount of each monthly payment on the date it is due, I will be in default. ~~.-',e."-,.~',.-.-- J' '~ = I I~L . , (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if [ do not pay the overdue amount by a certain date, the NOIe Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default. the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 3. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if! give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a 'different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of Ihe promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this NoIe is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. ~Presentment" means the right to require the Note Holder to demand payment of amounts due. ~Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the ~Security Instrument"), dated the same date as this Note. protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security 1nstrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of tbe Property or a Beneficial Interest, in Borrower. If all or any part of the Property or any inteTest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option. require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require tbe transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases BorroweT in writing. '" "I 1 I ~ If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days fr!lm the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums .prior to the expiration of this period, Lender may invoke any remedies permitted by this Security InstrumenI without further notice or demand on Borrower. WITNESS THE HAND{S} AND SEAL{S} OF THE UNDERSIGNED. ~~ [Sign Original Only[ ""'-"c~~,",~.,,~. I J ,,- [Space Above This Une For Recording Datqj MORTGAGE THIS MORTGA~E ~i~ty 1?stpgg~lf~1~i'~tena~d..'r.i~~R...i~.1'F3~.~tsaiige'r."'.".'.............................., 19.......... The mortgagor s ............................._......................................_.................................................................................. ............................._................_.............. ................ ("Borrower"). This Security Instrument is given to .............................__..._ ............_..I?~.~.~~,1.~..I?~r.9.~!I.~~~.~.~!':-!.R.I~~:?T..gQ.~.~~.t:!X.............................................., which is organized and existing ~~~~~~~?~~;~h:~~f~~~~~f~~~~~):~~f:FP;~:~~~?.~~y.~~~~f.~:::~~.~~~~~.~.~~~.~~.~..:::::::::::::::::::::::::::::::::.(:i~~.d-~~;;j: Borrower owes Lender tbe principal sum of ....FQr.t.y.~t hre.e...Thausand................................._......................................... ......................................,........................... DoUars (U.S. $.4J.,.QQO.t.QQ.............). This debt is evidenced by Borrower's note dated the same date as tl1is Security' Instrumr,t <;'~81e"). which provides for monthly payments, with the full debt, if not paid earlier, due and payable on ........~~~l....................................................................................... This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note. with. interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest. advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to Lender the following described property located in ......Hop.ew.e.ll...IQWJJ.ahi.p;.....C\-ul1b.~:r;lauJ1...................._.._............................................. County, Pennsylvania: SEE EXHIBIT l!AIf ATTACHED . = -' c- ~ '" "" ,.., rpt '1il :a ~~ 6 ..:>0... ~:~; g -.1 {'I' 0 --..( o-n , (,'--1 :0 ::r: .- '" :: <.0 '" ~ which has the address of ,.....~,....~:....~:...,.~.~.,............................................................., .........~=~.~.~~"~...................................... [Straet) [CIty] Pennsylvania ............J.?~~.Q.............................. ("Property Address"); [Zip Code] TOGETHER WI1'H all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties. mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the p(opert)'. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER CO"VENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage. grant and convey the Property and that the Property is unencumbered. except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3039 12/83 BOOK 1)71 PAGE 252 - ,.',,"- '" . ,I !~ Om ,,; UNIFORM CoVENANTS. Borrower and Lender covenilllt and agr~e as follows: 1. Payment of Prin.cipal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal orand interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law orto a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lend'er shall give to Borrower, without charge, an annual accounting ofthe Funds showing credits and debits to the Funds and the purpose (or which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments afFunds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If tbe amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the PI"Operty is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to late charges due under the,Note; second, to prepayment charges due under the Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to prin~ipal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment ofthe obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. -5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shllll be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss" Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof ofloss ifnot made promptly by Borrower. lInless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any ex-cess pai.d to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the inS,urance proceeds. Lender may use the proceeds to repair.or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30~day period will begin when the notice is given. Unless Lender and Borro'o/er otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to il1 paragraphs I and 2 or change the amount of the payments. If under paragraph 19 the Property is <lcquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on Ii leasenold, Borrower shan comply-with the provisions of the lease, and if Borrower acquires fee t~tle to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrow~r fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's'rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value ofthe Property and Lender's rightS in the Property, Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this pa.agraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. iliioK 871' rAGE 253 "I .';,. If Lender required mortgage insurance as a condition of making the loan secured by this Set:.;."ity Instrument, Borrower shall pay the premiums required to maintain the insllrance in effect until such time as the requirement for the insurance ..erminates in accordance with Borrower',s and Lender's written agreement or applicable law. S. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. CondemlJation. The proceeds of any award or claim for damages, dH:ect or consequential, in connection with any condemnation or other taking of any part-of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, wheth~r or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the' sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the [oHowing fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or s~ttle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not ex.tend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Succeslllors and Assigns Bound; Joint and Several Liability; Co~signers. The covenants and agreements of this Security Instrument shall bind and benefit the Sllccessors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co.signing this Security Instrument only to mortgage, grant and convey that Borrower's int~rest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrumentj and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce: the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or bY making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender. at its option. may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender ex.ercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notice;:. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method_ The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of tbe jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared tD be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note' and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the: date of this Security Instrument. If Lender e,,-ercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 Jays from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other periOd as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cureS any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security InstrumeIlt, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Sec\.lrity Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. HoweveI', this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. BOOK 8'71 PAGE 254 ,'" "j) NON-UNIFORM COVENANTS.. Borrower and Lender further cov~ant and agree as follows: 19. Accelerationj Remedies. Lender shall 'give notice to Borrower prior to acceleratio,n following Borrower's breach of -.oy covenant or agreement in this Security Instrument (but Dot prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the defaultj (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existenee of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose tbis Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judici:dly appointed receiver) shall be entitled to enter upon, We possession of and manage the Property and to collect the rents of the P-roperty including those past due. Any rents collected by Lender or the receiver shall be applied .first to payment of the costs of management of the Property and conection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Release. Upon payment of an sums secured by this Security Instnunent, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 22. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 23. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 24. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shaU be the rate payable from time to time under the Note. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and :r-- supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security I) Instrument. [Check applicable box(es)] ~ C?J Adjustable Rate Rider 0 Condominium Rid!=r D 1-4 Family Rider -::r D Graduated Payment Rider 0 Planned Unit Development Rider o Other(s) [specify] By SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: .s;:;2\;.4.~~............................... ~, CJn::>. C .::;;:L)~...............~...................... COMMONWEALTH OF PENNSYLVANIA, . .Cumbe:x::l.and. .. On this, the... .d.~.~ . day of........ :J:"!-!-~~........., 19'f{1., hefore me, ....... ............ .................,... .the undersigned officer, personally appeared. .Gerald. A., .Eogelsange.t: .and...... . . L~;i.gA.l{... .fQg~J..s.a;n.ge:r;.... ... .. . .. . . .. .. . . .... . .. . .. .. . .' . .. . .. . .known to me (or satisfactorily proven) to be the person. $. . whose name.s. . .C!-:r;e.. . . . .subscribed to the within instrument and acknowledged that . . t~y. . . . . . .executed the,same for the purposes herein contained. My Commission expires: IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,. . ~~(iiE...:.~.."t:.:~;,. ~\..I ~. C'".""<\';'.~1i':.~.'f"0)1' ~ R U~ :>~~':--:'\',:'1.;;'.~'.';~ ...... . ........RRi.p.uBtlC.....o~.:ih,.,,::>;.~.,P:... Da,id P. PerkIR'. NO.1>. ~ '" ',:.; ""\.Q"'#f,:;:1,~: p,a. Cllm\.trla.I\' C.unty .....' -- ~', ' '" . -. ShlpplDlib\lrJ,............... 'cI,lfS....:...., .'..:.,. .,;. '~~('-:;i.~...":..i... M! ctmmlnl.n Expires Ochbtr 2&. mre,Of Offi~r.,_.4-0Q ..... F~'\:~:-.~ ,.::~ . < rt ..:.::~'\\'-/ ,".. ". ..,;:,'~;,..>t.,.,. ~~~~~E~ThmfIQl?q I SS: RECORDED in the Offic~o.r-Re.cording of deeds in and for the County oCe t )rvtxY1U11d Book "b71 Page O\::::>~ a~ day of ::p~ ~.~~,<~, '~~~1~ \<:><.:'.::.-' ,,;;~.-' WITNES~ my hand seal of offlce'this 00nt AD. 19 "b7 I hereby certify that the precise residence and complete post office address of the .M~ Mortgagee i 213 M ~~~ .. .~A.:~lOS....Agent \illO~ 871 !'I.eE ')~- .. ,'", ~i ,,:~,. i....i;'; .,. )"-, . ALL that certain lot or tract of land situate in Hopewell Township J Cumberland County, Pennsylvania, more particularl,y described on preliminary final plan en.titl-ed "Land Subdivision for Douglas E. B:enschel," drawn by Carl D. BertJ registered surve:;,:,r, dated June 1985J which said plan has been approved by the appropriate municipal authorities as a subdivision plan and is filed .in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 48, Page 33J as follows: BEGINNING at an iran pin at cammon cot;ner of SD and SB on the wi.thin referred to Subdivision Plan; thence along common boundary line of Lot 5B and 5e, South Seventy-three (73) degrees Zero (DO) minutes Zero (00) seconds West, four hundred fourteen and one-hundredths (414.01) feet to an iron pin in line of lands now or formerly of John S. Bert, thence along line of lands now or formerly of John S. Bert, North Fifteen (15) degrees Twelve (12) minutes Zero (00) seconds West, one hundred eighty-three and eighty-one hundredths (183.81) feet to an existing iron pin; thence continu:..ng by same and along line of lands now or formerly of Isaac F. Eah, North Twenty-seven (27) degrees Twenty-eight (28) minutes Twenty (20) seconds East J four hundred thirty-six and twenty-nine hundredths (436.29) feet to an existing iron pin at common corner of lots 5D and 5E; t.hence along common boundary line of Lot SE, South Thirty...,four (34) degrees Seven (07) minutes Fifty-two (52) seconds EastJ four hundred sixty-eight and four-hundredths (468.04) feet to an iron pin in the edge of cul-de-sac having a radius of fifty (50) feet at the terminus of the 50-foot-wide private right-of-way referred to above; thence along the edge of cul-de-sac along a curve to the left having a radius of Fifty (50) feet, an arc distance of sixty-three and fifty-nine hundredths (63.59) feet to the point and place of BEGINNING. BEING Lot 5D as referred to on the above-mentioned Subdivision Plan. CONTAINING 3.2241 acres more or less. UNDER AND SUBJECT to the notations as listed in the herein-mentioned Subdivision Plan. BEING THE SAME which" Douglas E. 'Henscne~ and Joanna R. Henschel, husband and wife, by their deed dated October 1, 1986J and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "F", Volume 32J at Page 427, conveyed to Gerald A. Fogelsanger and Leigh R. Fogelsanger, the Mortgagors herein. TOGETHER WITH unto the Mortgagors, their heirs and assigns, the right of ingress, egress and regress for persons and vehicles and utilities over and along a fifty (50) foot wide private right-of-way shown and designated on the abovementioned plan as Lot No.. 5HJ in common nevertheless with Mortgagors' predecessor in title as owners of Lots No. SB and 5E. UNDER AND SUBJECT to the obligation upon Mortgagors' predecessor in title and Mortgagors, their respective heirs, successors and assigns, to pay an equal one-third part (for each lot) of all charges. costs and expenses which shall from time to time accrue or be necessary for the improvement, alteration, repair or maintenance of the roadway and any commonly shared utilities. ALSO, TOGETHER WITH unto the Mortgagors, their heirs and assigns, an undivided one-third (1/3) interest as tenants in common in and to the fee ownership of Lot No. 5H as shown on the aforesaid plan, subject to the rights of ingressJ egress and regress of the present and future owners of the other two lots, 5B and SE. which are herein reserved and intended to be conveyed appurtenant to those lots. Mortgagors, together with the present and future owners of the other two lots, SB and 5E, shall have the right to improve the road on Lot No. SH to municipal standards and to dedicate it to public use. EXCEPTING AND RESERVING unto the Mortgagors' predecessors in title and Mortgagors, their heirs and assigns. respecti.vely, the right (but not the obligation) to enter upon Lot No. 5H and at their own cost and expense to improve the road to municipal standards and to dedicate it to public use. UNDER AND SUBJECT to the restrictions which shall be a covenant running with the land that no mobile homes shall be erected or situated upon the land nor shall the premises be used for a junkyard. EXHIBIT "AU BOOK S 71 rACE 25 f) ,- ," ADJUSTABLE RATE RIDEk (1 Year 'Treasury'lndex-tate Caps) THIS ADJUSTABLE RATE RIDER is ma.de this ...~~.1;:.~. day of .........d.~~.~.....n..................... 19 ~z...... and is incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned ~ "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to ......J??:~phmj?~p.9..::?;!..::;...R.~~..~~.....-=-...~~..g.~.~y...................................................... .............................................................................. (the "Lender") of the same date and covering the property described in ,the Security Instrument and located at: R.D.# 1 Newburg, PA 1724D , ........................................................................................................................................,...... I Property AddressJ THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE UMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BOR- ROWER MUST PAY. ADOITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument. Borrower and Lee:Jer further covenadt and agree as follows: A. II>GEREST RATE AND MONTHLY PAYMENT CHANGES The Nott:: provides for an initial interest rate of ....7...a7.5...%. The Note provides for changes in the interest rate and the mo~thly payments, as f911ows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES ( A} ,:'hange Dates The !merest rate I will pay may change OIi the first day of .........}p..1y........................n... 19?~...... and on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of I year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice oUhis choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding ......~.?....................... .................................... percentage points (....~.~.R.......%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one.eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(0) below, this rounded amount will be ~y new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that ( am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes 9 375 The interest rate I am required to pay at the first Change Date will not be greater than ......~....................% or less than .......6..3.7.5.........%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ere arrl ae half% (l.5%l from the rate of interest I have been paying for tbe preceding- twelve months. My interest rate will never be greater than ...J.2..S,75....%. (E) ElI'ective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment "hanges again. (F) Notice of Changes The Note Holder will deliver or mail to me a noti~e of any changes in my intereSt rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the t~tle and teiephone number of a person who will answer any q,uestion I may have regarding the notice. D. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORIWWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: Trapsfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this SecuTlty Instrument. However, this option shan not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loannassumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. MULTISTATE ADJUSTABLE RATE AlDER-ARM 5-1-Single Family-Fannie Mae/Freddie Mac Uniform Instrument ilOOK Oil PACt ;~5 i Form 3108 3/85 ~."~~ "''''~i To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security l'tfSttument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises tbe option to require immediate payment in full, Lender shall give Borrower notice of accelera- tion. The notice shall pfOvide a period of not less than 30 days from the date the notice is delivered or mailed within wflielf'Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may inyoke any remedies permitted by this Security instrument without fUfther notice or demand on Borrower. , Bw SIGNING BELOW.. Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate JIlitter. (Seal) -Borrower BOOK 8il PAGE 258' " " 1'7\ ci.2ral Allfirl!lt,13an}t Loan Administration 'P ~O Box 77404 Ewing;NJ 08628 (888)-289-4610 Iii RePoQng . -Kd0 Uz>00 . '(V'\, .ll'eI>ruary 15, 2000 Gerald A Fogelsanger Certifie~ Mail No. Account No. 193381-1 POBox 3703 Joplin Mortgaged Property: , MO, 64803 R~l Newburg PA 17240 YOUR KORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOUR LENDER MAY FORECLOSE AND yoU MAY LOSE YOUR HOME. IF YOU WANT TO SAVE YOUR HOME FROM FORECLOSURE, YOU MUST TAKE ACTION NOW BY EITHER. 1. CURING THE DEFAULT - This notice explains the nature of the default and your rights to protect your interest in your home (See Section 403 of the Act of January 30, 1974 (P.L.13, No.6), 41 P.S. Section 403); OR 2. APPLYING TO THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM FOR FINAl'iCIAL ASSISTANCE WHICH ,CAN SAVEYQUI\ HOME FR()M FORECLOSUREAliD HELPYOq MAKE FUTURE MORTGAGE PAYM!i;NTS "':Read' this notice to finCl out bow the program works. YOU MUST MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE PATE OF THIS NOTICE IN ORPER TO APPLY. See Act of December 23, 1983 (P.L. 385, No. 91) 35 P.S. Section'~1680.261c-11S80;409c. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342:-2397. . LA NOTIFlCACION EN AUJUNTO ES, ,DE_ SUMA.rMPORTANCI~, PUE?,l\.FJ1:CTl\. SU I;I~cH9 A CONTINUAR VIVIENDO EN SUCASA: ,SINO.COMPRENDE EL~CON'J.'lilNIDO DE ESTA NOTIFlCACION OBTBNGA UNA 'l'RADUCcION INMEDITAMENTE LLAMANDO ESTA AGENCIA , " , . ,," -. _ . --, ~,' "',.,' J, ,."", < ,,' ., ~PEN!iS'iLVANIA HOUSING FINANCE AGENCY)' SIN CARGOS AL N~~ROMENCIOl!ADO Aml.IBA. PUEDES SER ELEGIBLE P1\RA UNPRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCy KORTGAGJi: ASSIS'.l'ANcE PROGl'WIn ELcUM PUEDE SALVAR SU CASA LA PERDIJ;lA DEL DERECl:liJ A REDIMIR SU HIPOTECA. EMERGENCY MORTGAc:;EASSUlTANCE PROGRAM YOU MAY BE ELIGIl3I,oE FOR FINANc:IA):, Ni.!!Ifi'.l'NlClil lfflXCHCAN~JWE YOUl'l HOME FROM --'FORECLOSURE AND HELP. YOU ~FJJTU!ll;:M:6R':rG1I,~];iAYMJilN'.l'$; XF YOU COMPLY WITH THE PROVISIONS OF THE HOMEQWNER'S EMERGENCY MOR'l'GAGE ASSXS'.l'JlNCE ACT OF 1963 ("THE ACT") ,-tOil MAY ilE EJ:.IGXBLE FOR EMERGENCY , , ' ,. @R.TGAGE ASSISTANCE IF Y01;1'I Dj;:FAUJ:.';[' Hl\S)3EENCAUSlllIl . BY. C:!;1!c:UMIl.'1'ANCilSBE;Y9ND YOUR CON1'ROJ:., IF YOU !lAVE A'R:$ASONABLE PROSPECT OF RESUMING YOUR MOR'J'GAGE PAYMENTS AND IF YOU MEETOTHER.ELIGXBILITY REQUIREMENTS EST~B~ISHED BY ~HE C:li'lOOTSYLVANIA HOUSING.F.!~Jll ~ENCy,1>LEJl:sE'RE1\I) JU,LOF~.THII3Nq'.l'XqE, IT ..' 'CONTAINS AN EXPLANATION OF YOUR RIGHTS. .XClS3 C03 JDE ~ " ~', :':r ""'" " , G " '" page 2 Loan No. 193381-1 TEMPORAR~ STA~ OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DA~S. HOW TO CONTACT THE CREDITOR: Name of Creditor: Central Loan Administration Address. P.o. Box 77410 Ewing, NJ 08628 " Telephone Number: MR. WESSEL Contact Person: 1-80-242-7178 CONSUMER CREDIT COUNSELING AGENC~ - If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30 ) days after the date of this meecing. THE NAMES AND ADDRESSE8 OF DESIGNATED CONSUMER CREDIT COUNSELING AGENCIES FOR THE COUNT~ IN WHICH THE PROPERT~ IS LOCATED ARE SHOWN ON THE ATTACHED SHEET. It is only necessary to schedule one face- to-face meeting. Advise your creditor IMMEDIATEL~ of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- ~our mortgage is in default for the reasons set forth in this Notice. If you have tried and are unable to resolve this problem with the creditor, 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 fiie a completed Homeowner's Emergency Assistance Program Appiication with one of the designated consumer .credit counseling agencies listed on the attachment. 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. ~our application MUST be filed or postmarked within thirty (30) days of your face-tO-face meeting. ~OU MUST FI:LE YOUR APPLlCATlotI PROMPTL~. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TINE PERIODS SET FORT,II IN TlUSLETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY ANll 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, It is extremely important that your XC178 008 JOE , .. i~~",'J \Q .. t:":~ ~; " . ,....,., Page 3 Loan No. '193381-1 application is Accurate and complete in every respeot. 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 it's decision on your application. THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, POST OFFICE BOX 8029, HARRI8BURG, PENNSYLVANIA 17105. TELEPHONE NO. (717) 780-3800 OR 1-800-342-2397 (TOLL FREE NUMBER). PERSONS WITH IMPAIRED HEARING CAN CALL (717) 780-1869. HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT- The MORTGAGE debt held by the above creditor on your property located at: Rd 1 , Newburg PA 17240 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT b,[ADE TJi!i: MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: Payments of Principal and Interest: 2250.30 Escrow Payments: Late charges: 152.41 Attorney Fees/costs Other Char"les: TOTAL AMOUNT PAST DUE, 2401.71 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: RE-INSTATE YOUR LOAN 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 creditor plus any additional monthly payments and latecharqes which may fall due after the date of this notice and the date you make your plI;yment. PlI;yments must be made either by cash, cashier's check, certified check or money order made payahle and sent to: central Loan Administrat~on 425 Phillips Blvd. Ewing, NJ 08628 Attn: Cash Management Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. XC179 009 JOE , " ,<' \ "., :,,;J " ~ " Page 4 Loan No. 193381-1 IF YOU DO NOT CURE T~ DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, THE CREDITOR INTENDS TO EXCERCISE 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 ohanoe to pay the mortgage in monthly installments. If full payment of the total amount past due-iS not made within THIRTY (30) DAYS, the oreditor also intends to instruct its attorneys to start a lawsuit to foreclosure 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 creditor refers your oase to its attorneys, but you oure the delinQMency before the creditor begins legal prooeedings against you, you will still be required to pay the reasonable attorney's f....sthat 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 creditor even if they exoeed $50.00. Any attorney's fees will be added to the amount you owe the creditor, whioh 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 CREDITOR REMEDIES - The creditor may also aue you peraonallyfor the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance suit wilL be for property only. 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 RIGHT TO CURE THE DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE HOUR BEFOIU: THE SHERIFF'S SALE, YOU MAY DO SO BY PAYING THE TOTAL AMOUNT PLUS ANY COSTS CONNECTED WITH THE FORECLOSURE SALE AND ANY OTHER COSTS CONNECTED WITH THE SHERIFFS SALE AND BY PERFORMING ANY OTHER .mOUIREMEN'1'S UNDER TilE MORTGAGE. . EARLIEST POSSIBLE SHERIFF'S DATE - It is estimated that the earliest date that such a Sheriff's SaIeof the mortgaged proferty could be held would be approximately NINE (9) 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,loTill increase the longer you loTait. You may find out at any time e&aotly what the required payment or action will be by contacting the creditor. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the oreditor. at the address set forth above. Kc180 006 JDE " .. ,".-,., f ,} -.,../ f::, '-' Page S Loan No. 193381-1 EFFEOT OF SHmRIFF'S SALE DATE - Yo~ sho~ld realize that a Sheriff's Sale will end yo~r ownership of the mortgaged property and your right to occ~py it. If yo~ contin~e to live in the property after the Sheriffs Sale, a laws~it to remove yo~ and yo~r f~rnishings and other belongings co~ld be started by the creditor at any time. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect yo~r interest in the property. YOU ALSO HAVE THE RIGHT: * TO SELL THm PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY.OFF THIS DEBT. * TO SELL OR Tl\ANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYKR OR Tl\ANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED. CONTACT THE CREDITOR TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTQAGlll RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE .DEFAULT. lHOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE TIlAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE CREDITOR. *'1'0 SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Angela M. Berntson Second Vice president XC1Sl 011 JOE THIS IS AN ATTIi:MPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED IN RESPONSE TO THIS WILL BE USED TO FURTHER THAT END. '. .,~ ~dntral Allfirst Bank Loan Adminiatr4tion POBox 77404 Ewing, NJ 08628 (888)-289-4610 "':-~--'o, Iii Re~ing " February 15, 2000 Gerald A Fogelsanger Rdl Newburg PA 17240 Certified Mail No. Account No. 193381-1 Mortgaged property: Rd 1 Newburg PA 17240 YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOUR LENDER MAY FORECLOSE AND YOU MAY LOSE YOUR HOME. IF YOU WANT TO SAVE YOUR HOME FROM FORECLOSURE, YOU MUST TAKE ACTION NOW BY EITHER: 1. CURING THE DEFAULT - This notice explains the nature of the default and your rights to protect your interest in your home (See Section 403 of the Act of January 30, 1974 (P.L.13, No.6), 41 P.S. Section 403); OR 2. APPLYING TO THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS - Read this notice to find out how the program works. YOU MUST MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE IN ORDER TO APPLY. See Act of December 23, 19S3 (P.L. 385, No. 9i) 35 P.S. 'Section 16S0.20'lc-1680.409c. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. LA NOTIFlCACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFlCACION OBTENGA UNA TRAQUCCION INMEDITAMENTE LLAMANDO ESTA AGENeIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE BJ\LVAR SU CASA LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF you COMPLY WITH. THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 ("THE ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTaAGE ASSISTANCE IF yOuR DEFAuLT HAS BEEN ~AUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLEASE READ ALL OF THIS NOTICE, IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. XC~ 77 004 JOE " 1:..;)1 " Q Page 2 Loan No. 193381-1 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entLtled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a .'face-to-face" meeting with a ~epresentative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a .repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. HOW TO CONTACT THE CREDITOR: Name of Creditor: central Loan AdmLnistration Address: P.o. Box 77410 Ewing, NJ 08628 w Telephone Number: MR. WESSEL contact Person: 1-800-242-7178 CONSUMER CREDIT COUNSELING AGENCY - If you meet with your credLtor or with a consumer credit counseling agency identi~ied La this notice, the creditor may NOT take action against you for thirty (30 ) days after the date of this meeting. THE NAMES AND ADDRESSES OF DESIGNATED CONSUMER CREDIT COUNSELING AGENCIES FOR THE COUNTY IN walCH THE PROPERTY IS LOCATED ARE SROWN ON THE ATTACHED SHEET. It is only necessary to schedule one face- to-face meeting. Advise your creditor IMMEDIATELY of your intentions. APPLICAT~ON FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth Ln this Notice. If you have tried and are unable to resolve this problem with t~e creditor, you have the right to apply for financial assista.noe from the Homeowner' B Emergency Mortga~e, .~aB,i.atance Program. To do so, you must fill out, sign and ft e a completed Homeowner's Emergency Assistance Program Application with one of the desi9nated consumer credit counseling agencies listed on the attachment. Only consumer credit counseling agencLes have applications for the program and they will assist you Ln submitting a complete application to the Penn~ylvania 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 ANQ YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very lLmited. They will be dLsbursed by the Agency under the eli9ibility criteria established by the Act. It is extremely important that your XC17B 008 JOE , .. ",... ~5 I"'-.~, t:Y Page 3 Loan No. 193381-1 4pplication is accurate and completQ in every respect. ~he Pennsylvania Ho~sing Finance Aqency has sixty (60) days to make a decision after it receLves your application. During that tLroer no foreclosure proceedings will be p~rs~ed against yo~ if yo~ have met the time requirements set forth above. You will be notified directtY by the Pennsylvania Ho~sing Finance Agency of it's decision on your application. THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STaEET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO. (717) 780-3800 OR 1-800-342-2397 (TOLL FREE NUMBER). PERSONS WITH IMPAIRED HEARING CAN CALL (717) 780-1869. HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT- The MORTGAGE debt held by the above creditor on your property located at: Rd 1 , Newburg PA 17240 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONT.IlLY MORTGAGE PAYMBNTS. The following amounts are now past due: Payments of Principal and Interest: 2250.30 Escrow Payments: Late charges: 152.41 Attorney Fees/Costs Other Charges: TOTAl;. AMOUNT PAST DUE: 2401. 71 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: RE-INSTATE YOUR LOAN HOW TO CURE THB DEFAULT- You may cure the default within TIlIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE to the creditor plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Ceptral Loan Administration 425 Phillips Blvd. . Ewing, NJ 08628 Attn: Cash Management Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. XC179 009 JOE , ., .. , \d ., "'~,'"'" k":1 '-'" . , j?age 4 Loan No. 193381-1 IF YOU DO NO~ CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, THE CREDITOR INTENDS TO EXCERCISE tTS RIGHTS TO ACCELE~TE THE MORTGAGE DEBT. This meane that the entire outetanding balance of this debt will be considered due immediately and you may loee the chance to pay the mortgage in monthly inetallmente. If full payment of the total amount paet due is not made within THIRTY (30) DAYS I the creditor also'~ntends to instruct its attorneys to staxt a lawsu~t to ~oreclosure upOn your mortgaged property, IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be Bold by the Sheriff to payoff the mortgage debt. If the creditor refere your caee to ite attorneys, but you cure the delinquency before the creditor beqine legal proceedinge againet you, you will etill be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However if legal proceedinge are started against you, you will have to pay all reasonable attorney's fees actually incurred by the creditor even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the creditor, 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 CREDITOR REMEDIES - Tqe creditor may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance suit will be for property only. 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 RIGHT TO CURE THE DEFAULT AND ,PREvENT THE SALE AT ANY TIME UP TO ONE HOUR BEFORE THE SHERIFF'S SALE, YOU MAY DO SO BY PAYING THE TOTAL AMouNT PLUS ANY COSTS CONNECTED WITH THE FORECLOSURE BALE AND ANY OTHER COSTS CONNECTED WITH THE SHERIFFS SALE AND SY PERFORMING ANY OTHER REQUIREMENTS UNDER THE MORTGAGE. EARLIEST POSSIBLB SHERIFF'S PATE - It is estimated that the earliest date that euch a Sheriff'~ Sale of the mortgaged property could be held would be apj?roximately NINE (9) months from the date of tl:\isNotice. A notice of the actual date of the Sheriffs Sale will be sent to you before the eale. Of course, the amount needed to cure the default will increase the longer you wai~. ~ou may find out at any time exactly'what the required payment or action will be by contacting the creditor. If money is due, such payment must be in cash, cashier'S check, certified check or money order made payable to the creditor at the address set forth above. xclSO OOSJDE ..' . . . lot. I I..- t'~) tJ.~;, , .. l 1\ I ,,~.:.;.;/ Page 5 Loan No. 193382-1 EFFECT OF SHER~FF'S SALE DATE - You should realize that a Sheriff's Sale will and 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 creditor at any time. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect your interest in the property. YOU ALSO HAVE THE R~GHT' " 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 SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A RUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED. CONTACT THE CREDITOR TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. " TO HAVE THIS DEFAIlLT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) " TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. " TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOIl MAY HAVE TO SUCH ACTION BY THE CREDITOR. "TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Angela M. Berntson Second Vice President XC1Bl 011 JOE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED IN RESPONSE TO THIS WILL BE USED TO FURTHER THAT END. ~~- POSTAGE . l'tlSTMARK OR DATE -- RETURN REC~]PT , SERVICE , RESTRICTED DELIVERY , CEFITlFIED FEE;. RETURN RECEIPT TOTAL POSTAGE AND FEES ,,' IN cove VI NOT FOR INlE'RNATlONAL MAlI. !'- ::r U1 SENT TO: ..D !'- <01 '..! i.': i.., ,,~, to.-o " ," r- G (;~.: L ,;: ;'~ i'ci;.~ \" C. 7)01. l;'1;J ~ .',:.i.~ Z" < r > I'll t'- a- t;. ,,'L:P'...,~;i! PS FORM 3800 US Postal Service Receipt for Certified Mail -. $I ~\ "i:';; ~ 1 ';" '.l. ., J~-1~-OQ9XI03-01-'2j ---------~-------~------------- ------~----------------,---------- .... L... ~ (I'-I fJi, ;/ Jl~~- / ;.,... ,"?,~ g '" 9. WC(.I:. >(1) .. zw. ~f3"'-- "-", 0", tsz, 1'-'" !i~ ~,": ",,,,, w,,- 50" ' ti~: Jij~; o. :'lw <>oF .: ' ., ~ g ~ ;jj ,~ ",""_, c<'= ,,' ,. " ," ~" ,'. . ~ ,,--', ~' '.'_~ ,," I,' '_ .,~ ." "<, ~ " I ~ ' 'j .-'1-...,. ',''-';' . ~~' -.i.-.<-.'~' ,'" " , .. ..... 1..... . I ~,. _ f':] 1:..:1.. ',1 1-':1 i:'i i:"! (" .' "I [,; i' VERIFICATION ;'j ,," :1 n H !'-'1 IJ t1 I,' 10," Ii tl r~ ':' ;':1 Li ~:il (:! \;1 ('j ~" Ii I, Susan Garancheski, 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 Foreclosure are true and correct to the best of my information, knowledge and belief. q;;>:to~ ,,~, Susan GaI'ancl:l ski ',I Ii fii 11 :;1 " H rl' '" I' !:1 "' \1 fl I. 'I ti , f !'! j; II I, I, !! :1 'I I i , iJ , ! ~ ! I :". I J -:i:1 II I I i , 1 j I I " I i . SHERIFF'S RETURN - REGULAR ., , CASE NO: 2000-04455 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS FOGELSANGER GERALD A ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FOGEL SANGER GERALD A the DEFENDANT , at 1952:00 HOURS, on the 29th day of June , 2000 at 125 FOGELSANGER ROAD SHIPPENSBURG, PA 17257 by handing to BARBARA FOGELSANGER, MOTHER OF DEFT. a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13.02 .00 10.00 .00 41.02 So Answe;,~~ R. Thomas Kline me this .20 -YLLl~ 2000 A.D. /?/nl J P!h!i:t:t/hn * day of 07/14/2000 JAMES SMIT~ DURK~L,LLY:..~ '. ~'~ ~ ../k,~ By:/'" SHawn Harrison / Deputy Sheriff Sworn and Subscribed to before , , , " "",,,,,,-,,-:.. . SHERIFF'S RETURN - REGULAR . CASE NO: 2000-04455 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS FOGELSANGER GERALD A ET AL J. MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FOGELSANGEll. LEIGH R the DEFENDANT , at 1405:00 HOURS, on the 13th day of July , 2000 at 11 POPLAR LANE NEWBURG, PA by handing to RYAN FOGEL SANGER , ADULT SON OF DEFT. a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 12.40 .00 10.00 .00 28.40 r~~~~ R. Thomas Kline 07/14/2000 JAMES SMITH DURKIN & CONNELLY Sworn and Subscribed to before By: J flU:; 40/!IJ)j (J Deputy heriff day of me this I ~ , <' c __ ^ :,-,~ -"" . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ;~, ALLFIRST BANK f/kIaI FIRST NATIONAL BANK OF MARYLAND, Successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, i! 'I-- No.: 00-4455 Civil i,' r Plaintiff, :;< ~ vs. ~~ , .t! GERALD A. FOGELSANGER and LEIGH R. FOGELSANGER, Defendants. CIVIL ACTION - MORTGAGE FORECLOSURE i: ii' ;!' ~: , L!, PRELIMINARY OBJECTIONS TO COMPLAINT I I;: The Defendant, Leigh R. Fogelsanger, by her undersigned attomey, preliminarily objects to the Plaintiff's Complaint in Mortgage Foreclosure, pursuant to Pa. R.C.P. 1028, as follows: Defendant's Preliminary Obiections Raising Insufficient Soecificitv in a Pleading L Plaintiff's complaint fails to state the due dates of the monthly payments which are alleged to be in default. 2. Plaintiff's complaint fails to state the individual payment amounts alleged to be delinquent. 3. Plaintiff's complaint fails to state the total dollar amount alleged to be delinquent. WHEREFORE, Defendant respectfully requests that Plaintiff be required to comply with the Pennsylvania Rules of Civil Procedure and be required to file a sufficiently specific amended Complaint. !.-' !: ii' t Ii: ~: 1 \! ~ ;, i I i I i( i ::1~ .3' (;lC)00 Dated \ I By: WEIGLE, PERKINS & ASSOCIATES ~~C,~ David P. Perkins, Esquire Attorney for Defendant Attorney ID #34342 126 East King Street Shippensburg, P A 17257 (717)532-7388 WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 .^ I" ..ti" :i il ~,I "I I,ll I II 'I ii " , , VERIFICATION I verifY that the statements made in the foregoing Preliminary Objections to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: -:J\kJ...1 "3' ,200.0 GJJO. ~ David P. Perkins, Esquire WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ( -M ~ " ,,~, . '",.' , '-;~'".:.c.~ ',',,", " .k"~.",,,o' '" ,_,I,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK flk/a FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, vs. GERALD A. FOGEL SANGER and LEIGH R. FOGEL SANGER, Defendants, TO: DEFENDA.NT(s) YOU ARE HERJ::BY NOTIFIED TO PLEAD TO TIlE ENCLOSED COMPLAINT WITHIN TWENIT (20) DAYS FROM SERVICE HEREOF ORADEFAULTJUDGMENT MAYBE ATfORNE FOR PLAlNTlFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: P.O. Box 77408 Ewing, NJ 08628 AND TIlE DEFENDANT(S): Gerald A. F~gelsanger 125 Fogelsanger Road Shippensbutg, P A 17257 Leigh R. Fogelsanger II Poplar Lone, R D 1 Newhur A 17 ATTO CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL STATE AFFECTED BY THIS LIEN IS 11 Poplar e, R 1, Newburg, PA 17240 ATTO CIVIL DIVISION NO.: 00-4455 Civil TYPE OF PLEADING CIVIL ACTION - AMENDED COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Allfirst Bank f/kJa First National Bank of Maryland successor by merger to Dauphin Deposit Bank and Trust Company Plaintiff, COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ,.j.. ,,] ''''I 1,4 ., ;;! I [[ [, ~ !'I , :'1 p" i-l ",1 r:-; ,,' :,'1 ICj r1 , H :,1 tJ l:oJ Ii H 1,1 II '.'1 h II I'f d r\ !:1 ~~l 11 ,I U Il II, .1 Ii II rJ 'f ::1 II !1 :1 i I I , j " tl 1 il I ~ "".b b '"~; ,,' , ,',.0..;', _,_ _._ 1__ ""'_1",,,, ,""" ."~'~,'--'-''''!''''~' ;,,, .~, , ' ~ ;) :1 !!] ~ ] i :i II ~:1 t.'.j.' , i fl !:i !1 ['1 1'1 f:! i..!' I I~ .1 I II 1.1 Ii ,I ~i n i] [I [j n ! { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/kJa FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: 00-4455 Civil Plaintiff, vs. GERALD A. FOGELSANGER and LEIGH R. FOGEL SANGER, 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 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 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 REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 ': ~ - ~ ' . ;'--< >~" --'.~, ' , ",,".-,," . ,j' -~ , >,--1, ' '; '.' , '~"l",...;' ,_, - " " . ._. __,0 ,..'" ,--~ '--i:;~ i'l I,! w ,,'] Ii "i 1':j r'~:i t'I "" lJ { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO.: 00-4455 Civil ii; 'I l;~ :1~ m1 l'11 {) I ~~ ':1 !~~1 t:l "1 r,\ Iii ~j ",I H :1 :J (,11 ALLFIRST BANK f/kJa FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, vs. GERALD A. FOGELSANGER and LEIGH R. FOGELSANGER, A VISO ,'! d i'l I;' fil i:~ "'I d 1J, ,i :1 ~ !I:' I' i II II., I, .' 11 !! " II !j I Defendants. USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximQs veinte (20) dias despues de la notifacacion de esta Demanda y A viso 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 falla de tomar accion como 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 IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE 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 """,',.".' , i .' :; ;; jj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/kJa FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: 00-4455 Civil Plaintiff, vs. GERALD A. FOGELSANGER and LEIGH R. FOGEL SANGER, , [,; ~ i Defendants. CIVIL ACTION - AMENDED COMPLAINT IN MORTGAGE FORECLOSURE And now comes Allfirst Bank f/kJa First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, by its attorneys, James, Smith, Durkin & Connelly LLP, files this Amended Complaint in Mortgage Foreclosure as follows: L The Plaintiff is Allfirst Bank f/kJa First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company with a business address of P.O. Box 77408, Ewing, New Jersey 08628. 2. The Defendants, Gerald A. Fogelsanger and Leigh R. Fogelsanger, are adult individuals whose last known addresses are 125 Fogelsanger Road, Shippensburg, Pennsylvania 17257 and II Poplar Lane, R D I, Newburg, Pennsylvania, 17240, respectively, or P.O. Box 3703, Joplin, MO 64803. ~ ' '~ 1,,--, ',';',. '~,~'_:" I,'" < ~,. .A~~~" .".'".'P,"," ~. ,,',__ - "-';;"--j :"J t,J I"~; i:;j i'j ,,:j ~:.J :~:j !:~ j~~ ,;1 !:,~ H r<l I~:~ {J I'i .J : 1'7J L'i I:;j lil 1,1 )'1 I., I',il r.~ II .;1 IJ r~ r~ ':1 ~ ~ , ".r! "I i:,j ~:I (j t:l ~~ h Ii " Il f~ II II 'J ~ ,J I 3. On or about June 24, 1987, Defendants executed a Note in favor of Plaintiff in the original principal amount of $43,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about June 24,1987, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $43,000,00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 26, 1987, in Mortgage Book Volume 871, Page 252. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", 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, failure to pay the monthly installments of principal and interest in the amount of$375.05 due for the months of September 1999 through July 2000 and $381.26 due for the month of August 2000. In addition, due to Defendants' default, late charges, as authorized by the Note, have accrued in the amount of$180.00, and attorneys' fees and costs, as authorized by the Note and Mortgage, have been incurred in the amount of $947.22. The total amount of Defendants' delinquency as of August 1,2000 is $6,708.94. 7. On or about February 15,2000, Defendants were mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice 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. 9101, et seq, A true and correct copy of said Notices are marked Exhibit "C", attached hereto and made a part hereof. ',-', ",,' ,-",,,".1', ,"'" '_I" .,~, (v 8. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest through 6/26/00 Late Charges Escrow Advances Attorney's Fees Court, Sheriff & Title Costs $ 11,885.24 $ 1,467.34 $ 212.41 $ 1,911.00 $ 800.00 $ 2.500.00 TOTAL $18,775.99 plus interest on the principal sum ($11,885.24) from June 26, 2000, at the rate of $4.46 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 U.S.C. ~ 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, 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 of this 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 $18,775.99 with interest thereon at the rate of $4.46 per diem from June 26, 2000 plus ""'",c",'" ., ,-, ">1 1 ,I II IJ II Ii I! i'; Li I: Ii 1:1 i , I 1 1 ~ ~ ~.' ~ ~ 1 I I ,. I I .L: --^, ^ ,-"_,, 'I '''' ,'-- _' ~':..- __,;_ ,I, '~__ ,. _~",'c. , ~~"-^,,',, .:. "C"_i' ': 'I II I '1 Ii ~: rl ij [1 q ~i ~I I'] tl 11 II II ~: i_j q :, i: q '1 ~ :1 additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises JAMES, SMIT , DURKIN & CONNELLY LLP BY: Scott A. Diette 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 INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ---"'c.:,"'- o ,~ 1'1 ~_ , ' .,.,>,,.;,.. " ~',_I__ ,'~, ,'__~..._,,~,c~,;_,,;__ -'" '. ~",,\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/k/a FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: 00-4455 Civil Plaintiff, vs. GERALD A. FOGEL SANGER and LEIGH R. FOGEL SANGER, Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy ofthe foregoing Amended C~ Mortgage Foreclosure was served on the following this ~ day of ,2000, via First Class U. S. Mail, Postage Pre-paid: David P. Perkins, Esquire 126 East King Street Shippensburg, P A 17257 BY JAMES, SMIT , Sc PA I. . #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 '-, , . " ~- ,t ADJUSTABLE RATE NOTE (1 Year Treasury Index ~Rate Caps) THIS NOTE CONTAINS PROVISIONS AllOWING FOR CHANGES IN'My'INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE liMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT.ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. june 24 87 .............................................., 19...... Shipp ens burg ..........................ici;~.i........................, Penna;y-1 vania ......................A..................................... [S'ate] R.D.# 1 Ne"burg, PA 17240 ........................................................................................................,....................................................... .. {Property Address] ...... ......................... 1. BORROWER'S PROMISE TO PAY . In return for.a loan that I have received, I promise to pay U.S. $ ...~?.~.~~g~~.~.T.!.....D(this amoint is called " . . 1"1 I' h d f h L d Th L d' .uauprun epos~ 't ban!<: prmClpa. ~' pus mterest, to t e or er 0 teen er. e en er IS ................................................................ and lrust Company . ...................................................................,........................,....................................................................................................... I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of ...7...$.75.... %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7 (B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I w~1l pay principal and interest by making payments every month. .. August 1 I WIll make my monthly payments on the first day of each month beginning on .................................................... , 19....8.7.. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If. On ...........Jw..y.J......................, 20 Q;?....., I still owe amounts under this Note, I will pay those amounts in full on that date. which is called the "maturity date." H A I will make my monthly payments at ....~P..~~E~.~i?...~:f?E~~~1........~E~::'.~~!l:.~?......~..........-!:!.~9.~.................. ................. .................................................. ..... ....... ...... .......... ................ .............. ....... ..... .................. ........ or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments 407.83 . Each of my initial monthly payments will be in the amount of U.S. $............................ This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will rellect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Cbange Dates The interest rate I will pay may change on the first day of ..........................;[W.Y..........., 19 .l??..., and on that day every 12th month thereafter. Each date on.which my interest rate could change is called a "Change Date." ( B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the '~Current Index." MULTlSTATE ADJUSTABLE RATE NOTE-ARM 5-l-Single Family-Fa""i~ Mae/Freddie Mac UnHorm Instrument Form 3501 3/85 . , If the Index is no longer available, the Note Holder will choose a new indo.. ..hieb is based upon comparable information. The Note Holder will give me notice.of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding.........!:~:~...................... .................................. percentage points (.....?!.9....%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%).. Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Umits on Interest Rate Changes The interest rate I am required to pay at the first Change Date wit! not be greater than .......?~?.?.~.....% or less than ......5.375.....%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One and ~% (ll;;%)," -. from the rate of interest I have been paying for the preceding twelve months. My . 'J] . . 12 875 '" mterest rale WI never be greater than ...........!............... 70. (E) Elfective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount ofrny neW monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice wit! include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY ] have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that] am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the prinCipal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments .' 15 If the Note Holder has not received the full amount of any monthly payment by the end of ......................................... c.alylldar days after the date it is due, I will pay a l~te charge to .the Not~ Holder. The amount of the charge will be .....~.........% of my overdue payment of principal and Interest. I w1l1 pay thIS late charge promptly but only once on each. late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. . , . 1_~ i (C) Notice of Default If I am in default, the Note Holder may send me a written notice teJling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that) owe on that amount. That date mUSt be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses Ifthe Note Holder has required me to pay immediately in full as described above. the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if! give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety Or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in somejurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial intere.st in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b), Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. 'Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. )' F: f:: I: I , i' I c1 f i: ,'I ',; I' [, r': ~ i l. 1,1- '-lQ If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days fr<:Jm the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. t\~ ....................... (Seal) [Sign Original Only [ [I n I j'i 1,[ , ii [-ii I!! 'I; il Ii,' L il ~l: [,: I",' ,Ii' " l:: !.i! I",",', I: I' J~ , '1. V,-, .J., [Spa.ce Above TIll:> Une For Recording Data] MORTGAGE THIS MORTGA~E ~ii11ty 1?sig~~'i~1~~i-ena~k"r.iT~H:'l~.;?~~~-Isanger"'.''''''''''.'''.'.......,............ 19,...,..... The mortgagor IS ....................................".............................,...............,..........,.........".......................,........,.......,.... . (UB U) Th' < 't It' . ...............O.Al]PHii\j'ciE.pos.if.BA.Ni.:tAK{fi'fR'usT CO~o:J~' IS "ecUfl y US rument 15 g1~en ~O ........':....'...........:...:.... ~~~~~~hi.~~i~h:;.ft.~!:-t:}~&~;~~:;:~~;:::~~~:~(~~:;;,~i::~~:::;:ii$.i.~~;.~.~~~;~;:~~.:::::~:~:~~:~~::~:~~~:':~:~~.~~L::::~; Borrower owes Lender the principal sum of ...J!ar:t.y.:-:t.hre.e...'Ihaus.and........................................................................... .................................................................. Dollars (U.S. S.4.J...QQQ...QO.............). This debt is evidenced by Borrower's note dated the same date as this Security I9strumint ("sr8ie"). which provides for monthly payments, with the fun debt, if not paid earlier. due and payable on ...........?~y."...!....~..,....................................................................... This Security Instrument secure!; to Lender; (a) the repayment of the debt evidenced by the Note, with. interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance ofBortower's cov~nants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in .....1!o-P.ew.e.ll;..TQWD.Sbi'R......ClJ-mh~;I;laD.Q.................................."................................ County, Pennsylvania: SEE EXHIBIT llAIl ATTACHED :: ., "n .,\~g ,:> :n .~~g :;; ~ ~ "~ 0 ~ ~~ig -.1 Cil 0 -<a-n :,J (;'1 :i .> "" = ""'-' "- ~ r-> <=' "" r-> ~ which haS the address of ......~~_!-;,...~;,..t:.-......;".........................................................., .........~:~,~.~:.~............................n.......' [Strl!ilt] (City} Pennsylvania ......."...}.!~~.9............................... ("Property Address"); [ZiD Code] TOGETHER Wrm all the improvements now or hereafter erected on the property, and ail easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and aU fixtures now or hereafter a part of the property. All replacements and additions shaH aiso be covered by this Security Instrument. All of the foregoing is referred to in this Security Cnstrument.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 Prt;>perty and that the Property is unencumbered. except for enc;umbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THlS SeCURITY INSTRUMENT combines uniform co....enants for national use and aoa.unuorm covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA-Single Farnily-FNMAlFHLMC UNIFORM INSTRUMENT BOOK 871 PAGE 252 FQrm 3039 12183 - .~ . ~~ " I ~I~ '" II~~ UNIFORM COVENANTS, Borrower and Letllder covenant and agree as follows: 1. Payment of Prl 'Ill and Interestj Pret>ayment and Late Charges. Borrower shall promptly pay when due the principal of and incere!:o. ,he debt evidenced by the Note and any prepayment anc' :charges due under the Note, '2: Funds for Taxes and Insurance. Subject to applicable law or to a written WiJ.. _iby Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid In full, a sum ("Funds") equal to one-twelfth of: (a) yearly taxes and assessments which may attain priority Over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any: (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. These items are called "escrOW items." Lender may estimate the Funds due on the basis ofeurrent data and reasonable estimates offuture escrow items. the Funds-shall be held jn an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicabJe law permits Lender to make such a charge, Borrower and Lender :may agree in writing that interest shall be paid on the Funds, Unless an agreement is made or applicable law requires, interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borr'ower's option, either promptly repaid to Borrower or,credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary 10 make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Fu'nds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shaH apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise. all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the Note:; third, to amounts payable under paragraph 2; fourth, to interCSl due; and last, to principal due. 4. Cltargesj Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to rhe Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner prOVided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has prioriry over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the Hen or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any pan of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shaU satisfy the lien or take one or mOre of the actions set forth above within 10 days of the giving of notice. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected em the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shaJl be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a sumdard mortgage cJause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event ofloss, Borrower shaH give prompt notice to the insurance carrier and Lender. Lender may make proof ofloss ifnot made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened. the insurance proceeds shaH be applied to the sums secured by this Security Instrument, whether or not then due, with any excess p~id to Borrower. If Borrower abandons the Property, or does not answer within 3D days a notice from Lender that the insurance carrier has offered to settle a claim. then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then dUe. The 3D-day period will begin when the notice is given. Unless Lender and Borro,:\,er otherwise agree in writing, any application of proceeds to principal shaH not extend or postpone the due date of the monthJ)' payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's rig~t to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior fo the acquisition. 6. Preservation and Maintenance of Propert)'; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, aIlow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall complywith the proviSions of the lease, and if Borrower acquires fee title IO the Property, the Je!sehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender}s Rights in the Propert)'j Mortgage Insurance. If Borrow~r fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's-rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights ill the Propertr. Lender's actions may include paying any sums secured by a lien which has priority over this SecuriTY Instrument. appearing in coun, paying reasonabie attorneys' fees and entering on the Property to make repairs. Althou.gh Lender may take action un'der this par.agraph 7, Lender does not have to do so. Any amounts disbursed by_Lender under this paragraph 7 shall become additional debt afBorrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable. with interest, upon notice from Lender to Borrower requesting payment. BOoK 871' PAGE 253 --~ ., ~.. ,'-;. If Lender required mortgage insurance as a condition of making the loan secured by this Se'':: .~rity Instrument, Borrow'tf sbaH pay the premiums required to maintain the insurance in effect until such: time as the req:.iirement for the insurance .erminates in aCcordance with Borrower's and Lender's written agreement or applicable lnw. 8. Inspection. Lender or its agent may make reasonable entries upon and inspectionfi of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, difect or consequential, in connection with any condemnarion or other taking of .any part .of the Property, or for conveyance in Heu of condemnation, a.re hereby assigned and shill be paid to bender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid ,to Borrower. In the event at' a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking. divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that tbe condemnor offers to make an award or settle a claim for damages. Borrower fails co respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend OT postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. .Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shaH not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization ortbe sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or r~medy. 11. Successors and Assigns Bound; Joint and Se'Yeral Liability; Co.signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co~signs this Security Instrument but does not execute the Note: (a) is co~signing this Security Instrument only to mortgage. grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend. modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the inter~t or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed lmder the Note or by making a direct payment to Borrower. If a refund reduces ,principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedie$ permitted by paragraph 19, If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shan be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shaH be given by first class mal! to Lender's address stated herein or any other address Lender designa.tes by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Seyerability. This Security Instrument shat[ be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any proviSion or clause of this Security Instrument or the Nate confHcts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effec::t without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of aU sums secured by this Security Instrument. However, this option shall nor be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period afnot less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower tails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument. including. but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to l,lSSure tbat the Hen of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the Obligations secured heteby shaH remain fufIy effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 1 J or 17. BOOK 871 rm 254 ., NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as fallows: 19. Accelerationj f -jdies. Lender shall give notice to Borrower prior to ~"celeration following Borrower's breach of any covenant or b.~ ~ement in tbis Security Instrument (but not prior to acce '.on under paragraphs 13 and 17 unless appli~ble law provides otherwise). Lender shall notify Borrower of, among O~~( things: (a) the defaultj (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judleial proceeding and sale of the Property. Lender shaU further inform 'Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure }lroceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in fun of all sums secured by this Seeurity Instrument without further demand and may foreclose tbis Security Instrument by judicia! proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19. including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. .w. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicislly appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver sbaU be applied first to payment of the costs of management of tne Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by tbis Security Instrument. 21. Re.I&lse. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instnmlent without charge to Borrower. Eorrower shall pay any recordation costs. 22. Reinstatement Period. Borrower's time to reinstate provided in paragrapn 18 shall extend to one hour prior to the commencement of bidding at a sberiff's sale or other sale pursuant to this Security Instrument. 23. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 24. Interest Rate After Judgment. Borrower agrees that the interest rate payable after ajudgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shaH amend and supplement the covenants and agreements of this Security Instrument a.s if the rider(ll) were a part of this Security - Instrument. [Check applicable box(es)] ~ Adjustable Rate Rider o Graduated Payment Rider ""'" ~.~.~ :r- .f) ~ :::r - . "..~ o Condominium' Rid~r o Planned Unif Development Rider o 2-4 Family Rider o Other(s) [specify] By SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: .Q,~.~~.........................:..... S:J~...ct.Q'.~:................... COMMONWEALTH OF PENNSYLVANIA, . . Cumberland. . . On 'his, the... .d.?:i.~.dayol........ :;:1.0-',,)1,-........., 19'f!:T, before me, ................... ..................... . the undersigned officer, personally appeared. .Gf!.rald. A.. .Foge.lsange.r: .and...... . . L~;L.gh .E.o. .fQgl'!ls,a..I1.g~r,.. . ... .. . .. . ... .. . . .. '" .. . .. .' . .. . .. ~ . . . . known to me (or satisfactorily proven) to be the person. !;l . . whose name .5. . . ~J;''?-. . . . . subscribed to the within instrument and acknOWledged that . . th\=y. . . . . . . executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. . . ~\ (i t-"-:'~""(:.f;,. S; \.. ~ N . C~'c~:'~,,:;.1i',:i;:"'v,"\ My Com.mission expires: . ~ V~ ::..r;..~' ..~'/:'.iJ':.;..~:.....;.;-: ...... ." ""'A'R -PuBt:IC.... ,'"".:ifr': 1~\':-"(~\p.~... 0&.11 P. ptrkm.. NO I :" ': ; ".;" <;;,;_",;:s;: :> : PA. Cumlierlan~ CIUflty :._ '.'.. ':"~,':.""''':~: D..::, Shipp"""'!" . ... " .. . . ... '.'g' ... ,>' ....y.., .."Or., _',..".. . My c.mmiu\tn Elpires Octanti' n. Tltre.of OffI~;';,,t.O"", FE....~~:..~f '. "if,'./ !~..~,:~~.~~?~.\:,:..... ~~~~~i:E~5fffll}fjQf1q I . SS: RECORDED in the Office fo~cordjng of dee-ds in and for the County ol[ ()tvt:e.r1Ut?Gi Book "571 Page ::;\~..?i ,;(0 day of 9~ ~ ,~d3(<' m;1~~~1 bOOK 871 PAGE 2"',~, ":'~", 'p..~;- ....::) WITNESf my hand seal of office' this <June:. AD. 19 "67 I hereby certify that the precise residence and complete post office address of the ~in Mortgagee is 213 M1ket1t., HaniS~ .17.105 ( ~.~.~...Ag.nt ~ '1 ~) ~J " ALL that c.ertain lot or tract of land situate in Hopewell Township, Cumberland Coun~YJ Pennsylvania, more particular~ described on preliminary final plan entitl~d "Land Subdiy1,sion for Douglas E. Henschel,l1 drawn by Carl D. Bert, registered surve:i:,1.'", dated June 1985, which said plan has been approved by the appropriate . municipal authorities as a subdivision plan and is filed .in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 48, Page 33, as follows: BEGINNING at an iron pin at common corner of 5D and 5B on the within referred to Subdivision Plan; thence along common boundary line of 10t SB and 5C, South Seventy-three (73) degrees Zero (00) minutes Zero (00) seconds West, fout' hundred fourteen and one-hundredths (414.01) feet to an iron pin in line of lands now or formerly of John S. Bert, then~e along line of lands now or formerly of John S. Bert, North Fiiteen (15) degrees Twelve (12) minutes Ze~o (00) seconds West, one hundred eighty-three and eighty-one hundredths (183.81) feet to an existing iron pinj thence continui.ng by same and along line of lands now or formerly of Isaac F. Esh, North Twenty-seven (27)" degrees Twenty-eight (28) minutes Twenty (20) seconds East, four hundred thirty-six and twenty-nine hundredths (436.29) feet to an existing iron pin at common corner of lots 5D and SE; thence along common boundary line of Lot SE, South Thirty-four (34) degrees Seven (07) minutes Fifty-two (52) seconds East, four hundred sixty-eight and four-hundredths (468.04) feet to an iron pin in the edge of cul-de-sac having 8. radius of fifty (50) feet at the terminus oi the 50-fooe-wide private right-of-way refer~ed to above; th~nce along the edge of cul-cle-sac along a curve to the left having a radius of Fifty (50) feet, an arc distance of sixty-three and fifty-nine hundredths (63.59) feet to the point and place of BEGINNING. BEING Lot 5D as referred to on the above-mentioned Subdivision Plan. CONTAINING 3.2241 acres mote or less. UNDER AND SUBJECT to the notations as listed in the herein-mentioned Subdivision Plan. BEING THE SAME which"Douglas E. nenscne1 and Joanna R_ Henschel, hu~band and wife, by their deed dated October 1, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book. "F", Volume SZ, at Page 427, ~onveyed to Gerald A. Fogelsanger and Leigh R. Fogelsanger, the Mortgagors herein. TOGETHER WITH unto the Mortgagors, their heirs and assigns, the right of ingress, egress and regress for persons and vehicles and utilities over and along a fifty (50) foot wide private right-of-way shown and designated on the abovementioned plan as Lot No. SH, in COlllInon nevertheless with Mortgagors' predecessor in title as owners of Lots No. 5B and 5E. UNDER AND SUBJECT to the obligation upon Mortgagors t predecessor in title and Mortgagors, their respective heirs, successors and assigns, to pay an equal one-third part (for each lot) of all charges, costs and.expenses which shall f~om time to time accrue or be necessary for the improvement, alteration, repair or maintenance of the roadway and any commonly shared utilities. ALSO, TOGETHER WITH unto the Mortgagors, their heirs and assigns, an undivided one-third (1/3) interest as tenants in common in and to the fee ownership of Lot No. SH as shown on the aforesaid plan, subject to the rights of ingress, egress and regress of the present and future owners of the other two lots, SB and SE, which are herein reserved and intended to be conveyed appurtenant to those lots. Mortgagors, together with the present and future owners of the other two lots, sa and SE, shall have the right to improve the road on Lot No. SH to municipal standards and to dedicate it to public usa. EXCEPTING AND RESERVING unto the Mortgagors I predecessors in title and Mortgagors, their heirs and assigns, respectively, the right (but not the obligat~on) to enter upon Lot No. 5H and at their own cost and expense to improve the road to municipal staudards and to dedicate it to ~ublic use. UNDER AND SUBJECT to the restrictions which shall be a covenant running wieh the land that no mobile homes shall be erected or situated upon the land nor shall the premises be used for a junkyard. EXHIBIT "A" BOOK 871 PACE 25fi ..',- -;, ~ , ;0--J 't Ii: I: k' ,. Ii t! i ~ 1"' . , - ',:',,- ADJUSTABLE HAlE l<lVJ!..l\' (l Year'Treasuty Index-Rate Caps) ,. "I THIS ADJUSTABLE RATE RIDER is made this ...~~.~h. day of .........:!.~~.~...........................> 19 ~7....... and is incarporat-ed inw and shall be deemed to amel'ld al'ld sllpplement the Mortgage, Deed of Trust or Security Deed (the "Security lnstrument") of the same date given by the undersigned ,f the "Borrower") to secure Borrower's Adjuscable Rate Note {the "Note"} to ....J??:gP.WJ?.+@P.R~~.~..R.?.~..~~.....~.~.'J::"g.9Wl?.<mY...............................,...,.................. ..,...............................,............................_....,......... (the "Lender") of the same date and covering the property described in . the Security InSlr,ument and locttted at R.D.# 1 Newburg, PA 17240 ........................................."............"....................,......ip~~~~;.Adrl~,;;.;;j...............................n............."""............................... THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE ANO THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AWO THE MAXIMUM RATE THE BOR- ROWER MUST PAY. Aoon'lONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument. Borrower and Le~ Je:r further covenant and agree as follows: A. IN':ZREST RATE AND MONTHLY PAYMENT CHANGES The Not~ provides for an initial interest rate of ....7...8.7.5...%. The Note provides for changes in the interest rate and the monthly payments. as f/?Uows: 4. tNT'E.REST RATE AND MONTHLY PAYMENT CHANGES ( A.) ,:'hange Dates The illtere5t rate 1 will pay may change on the first day of ..........~~.:).;Z..........................., 19?~...". and on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." (Ill The Index Beginning with the first Change Date, my interest rute will-be based on an fndex.. The "Index." is the weekly average yield on United States Treasury securities adjusted to a conslant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index. which is based upon comparable information. The Note Holder will give me notice of this choice. (C) CalcuJatwn of Chang-es Before eacb. Change Date, the Note Holder will calculate my new interest rate by adding ......:::.?...........,........... ,................................... percentage points (.,..g!'~R.......%) to the Current Index. The Note Holder will then round the result of this addition to tbe nearest one~ejghth of one percentage point (0.125%). Subject to the limits stated in Section 4(D} be!ow, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly paymerit that would be sufficient to repay the unpaid principal that I am expected- to owe at the Change Date in fun on the maturity date at my new interest rate in substantially equal payments. The result of this calc;ulation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes , 9 3 The interest rate 1 am required to pay at the first Change Date wln not be greater than ......:...:.?............. %or less than .......6..3.7.5.........%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more th'an ae ani ere: h3lE% (1.5%) from the rate of interest I have been paying for the preceding twelve months. My interest rate will never be greater than ...l2..a7.5....%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment ~hanges again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my intereSt rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by la.w to be given me and also the title and telepbone number of a person who will answer any question 1 may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: Transfer of tire Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest 3n Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written cornenl, Lender ma,y. at its option. require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender jf exercise is prohibited by federal law as of tbe date of this Security Instrument. Lender also shall not exercise t.bis option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably' determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this SeCurity Instrument is acceptable to Lender. MULTlSTATE ADJUSTABLE RATE RIDER-ARM S.1-Single Family-Fannie Mae/Freddie Mac Uniform Instrument 800K 871 PACE ;;:5 i Form 3108 3/8S ,j ~ " - " To the extent permittP:q by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the,loan assumption. 1 ?r may also require- the tnansferee to sign an assumpt1 '-.,.greement that is acceptable to Lend~r and that obligat~ .n'e transferee to keep all the promises and agreements n m the Note and in this Security lifSttument. Borrower will continue to be: obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shan give Borrower notice of accelera- tion., The noti~e shall pJovide a p_eriod of not less than 30 days from the date the notice is delivered or mailed within wllfCtfBorrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of thiS 'period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BlY SIGNING BELOW.. Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate IIllter. . ...... (Seal) ~ orrower .....~ ... (Seal) .Borrower I i BOOK 871 PAGE 258 '.,' ,~. '. '"I;~~~i.' :'''':, " ,A1Hirst BanI< ~t~~i,'LQa.n.: :Adniin"i~'~i:a._ti.on. & , 'c::.,..._:,p O"BO./< 77~04, '. "-. ,~~,~'~;~j~i.~9;~N~~~~S62B - ~-~ ,,,, ;:' :ffl88 )'-'-289-'4510 tl::;~~J R,-':-;~e1"n.9._ ,CJZ)(\ U. ,~- ..' ~:'" :..- ~. .. i'/.; ,::. 1" , ''',' '.1,'," ~"- "-".. "".'.-'. 1'V'\. " " ~ , -', , -' . , . . Gerald "A F09\=lsa"ger Cert-ified Mai.l Nq~ Accou'nt 1'10:193381-1 . ..,...~~i~t~:~7:~d~\"~tx::>~~1:;~:4::31724d'..., YOUR MORTGAGE'IS,';J:N'.DE,PAULT'FOR THE' . YOUR !';ENDER /'lAy fORECLOSE RJ;:ASONS MDYOU ~T FORTH IN THIS NOTICE. MAY LOSE YOUR HOME. 2. 'APPLYING ,TO THE!,OM1liOWNERS EMEFiC;;ENCY' MORTGJ>.GE ASSISTANCEPlj.OGRAM: FOR FINANCrALASSr.STANCE,j:uiicHCAN' SAVE YOUR "HoME FROM.'FOREC"t.osiJlui . AND HELP .YOU '. ':7'; '~.';1,:~"~,~,:: ~,~q~t~~~:' "~~~~~li#;~~;::;~3~~~..;;&R~~:',;,:#~~~.9"~.':::~~r,,X};~~~::~~ME:'.:',.:~~~~-~~b~;;p~s~~~i'.-:.':' , '.work". ..YOUMqSr J,lEET liITH A CONSUMEIC'cRIW,IT COUNSELING AGENCY WITHIN :w .,..', 'DAYS'OFTHEDATEl' OF'TiUSNO:rlci: IN oRoElf'To 'APPLY . "'se'e'Ai::f,o:i: DecEimb"r23, . , 19B3':(p.i;"3S:5~ No. '91 }35"p~s; s.ec.tlcri'1680; 201a'.::1680.4090; If you need '. , mo':'e'j;rifo"ma~lon,cai1 'ihe,penilsy111arita Housing 'Fin",nce1'9'ency at ' "1-800",:j"2::-2~97. '., . . . " . . ...Ll'>N9~~.F,Ig*,I,9N ,1"I1"AI!J,y,M~P,~~ pl!l,sq~H!;~OR'f~!'iCB':i."l~~~;&f.ES~~. ~U..,f,lE,li\ECH9;,J>. . " .,'.,CON';rB'.l,~ V'I,v:r.E,~g;~,:;.fil.\;.c~l'>(:;. .~;F.J'i9,;9~W;!\~~!;l$i);i~..9R!1,.!~~!il();.l)E,EST,A .."...,. ., .c:;.i:lOTIFIbAcIoN 'OBTEimA' UNA, .1'AADUCCION .INNEDITJ\MEi:l1'E . tLAMANi:lOEsi'1\ AGENCIA , ';::'~g!~~Y~~~1;f~~~~~~~~~~~~~~~);~~~~G~~~~L!{f~;~iWtit~~" .',. .'. ~HOMEOWN.ElRSEMERGENCY;J.16RTGAGEl A?S:r~~ANCE' PR.OGRlU1" 'EL,qUJU;.PUEDESALVAR ; s!Jci~!'~~r~~IO.l<';Pi~L'R~;~::ff A~~~~~\jt?,i'~~p~~!~~;:.;.:.::' '. . ... .. ., :',"..,;. : . . ".. EMERGENCY MORTGAGE' ASSIS'l'ANCE 'PROGRi\.M' .;'"~ydf.i1ij.jj;;,YBEl"ELj;GniLE' 'if'5f(F":{AN'ciiAi.''AsstS'rMc'E:''WHIHi' bAN 'SAVli"'YOtiR .', "", ,. ',.. .' ~,,::,;'i'~;~U!;"'-' .""",. ' ""t>'W<.''-Yo ','''',' '" ~"o,j",,>._~--:~...., '- ... ~,'"'~''''--rr''' ~ ><:'......~~.' f."M" >r..., . _' - ',::C ~ ." >~~'i'~",',~ _'"', ~~ ' ~~ ....r~_q~ ~,,'... " "....::~~OREG!.Os:URE;". ~" Ef~;CP :..YOU.~ ...EUTU~.;,Mo~~g~GE., P~~N'~$ ~.. .,::~. , ":. ,'. . "- ,-~" '" (..'. ';' ~;:fW~~::f~~:,.t~~~'~l: . ;:B.f .\'i:;' \ <~~~~:';,;',:::::~~{1;(;rt'f:::f.?i~:~:~t0.~,~lf~~i.~'..~:J :i': /.~'(~'_ iJ~:'_',:j;.x;:~~r~~r:';:':i;;~:;!t:;:~,~::}7~5>~:)~::'~.-I~i~;::~:U~.;':':':_':~~'~~: :: -, ;;.. ::.:, :.<>:" _: - :':':: :" ':; ,:.~~.' ~"r:3~'~~~:~: "'IP,~ou...c6MPL:t ,WI'I'H,THE'PROvrsIoNS OF TIlE' HOMEOWNER;':S';EMERGENCY ,MOR'I'GAGE , ';~~;i:si.fulq.j j~qfOr,j.~:e3.:T';J~'~~~i'),,:X~qJiA:t'~,E:~tcl~Bt~.'FofE~?~G~~CY;, ,.'. ".. . . ';MORTGAGElASSISTANQR"J:lfYotrR"llEFAULT",!'A$.13l!l~ CApSED B1( 9IRCUMSTANCESBEYOND . '~':' ,'-.~ , . "'.." , - ", '_" '~.: -, _'; '~_' '., ~:~,:(,. ,;,.,'1'<:. '!s-.:''O-~'"''''-_'i"""",','''_'<",,,'-'_'~''''' .'ll<";. '''''''. _. - ,_.,~. _""..~. . _ ,. _.,:..! H' . , .'~, - _, : - ", ,_,'- "--::.. """," :."". '-:-", '" ",XO~, 'CON'.I.'RpL,;r'lf}:OU" HAVElfIU'lASONAl'l.LEl" P!{OSP:e:c'I' <?!i'.REi3W'!IlfG,'. YOUR MO:RTGAGE '.',' . "~;c~~~~:t."$;;,~R:;iE;['?~~:;~X~1i~~K~fRt~Jj;~..T.''t;',~,~[~~~~~~J~.~~~!i~t~!!!,!)eY",','Tlflii',',."",,, ,'." ;,' ':.,':!i;PENNSYLVANI)l;,,HQlJSII:!G:',gIl'lAj'fCEl:llGENC)!:, PLEl;SE. REAP ~L.OF.'I'RIS'.NO'l'ICE., ;IT'.:., .f ,:''''('\;;/'~~~l'~1lt~I~~~~~~:$j*~'!if~r,;.s~~~ \ff~;:~:..:'::.""" ,., .cc"".',"" ",""'.' ,. '.,., ,.. .; ..',;;'. ".. J .,,:! ,:,':,.::'" "'!:"''':.'; ,.' ..:.~"': ': . .!., '.,'.', ,"\: ;'" .:i .,"'" ' '''.', ';;,. ~~~~~ .~ , P'~ "4; r, (I ::.." ,. '..' .," ',"" " , " . .'-. ,,' fage 2; . Loan No.. 1~33S1-l TEMPORARY STAY OF FORECLOSORE - Onder the Act, yell are entitl.ed to. a tempcra>:y "tay ef ;f.o.rec1.csllre en ye"r mertgage ~er, thirty PO) clays from . the date ef this Notic.e.Dllring th:,ttiine YOll.must arrange and att..nd a ',"face;.;I:O'-faceurneeting,',with .areoresent~tiv~;,ef#hecreclltcir ,er with' a' ,.". ."" {tst~!1tt:r;~~~~~~[:~,t~~':~~~:~;tf;~~tC!~t%hi~t~~ei:: ~:t~~;S y~~~ting " de1inquency' THIS MEETING' MUST OCCUR WITHIN THE NEXT (30) DAYS. HOWT9 CONTACT THE ,CREDIT9R: Name9f Credite.r' , Centra1Loan Administration Address: . P.e, . Box '77410 ,,;,,~~+Ilg, NJ. ~~?B . ,. . . MR.,' WESSEL 1,'-80-242-7178 CON~ER.CREDITCO\JNSELING AGENCY - If yOll ~..et. with.yellr creditor ar with .a consllm..r credit counseling ag..ilcy ,identif.ied in this netice,the .... ..' i>req:i~"ni;ii"~:t:~,,,,.~,,,*,~?!:'~9.a~~"!t Y:04i;;r'tJ:irtY{39fd~;is"a~t"'''':the'. ,." . '.' iiati3".,:;;'ctlliS 'i;;€eliing. ."" ,THE'N~:;; 'AND .ADDRESSESpF,. DESJ;GNATED COIljS\lI>1ERCREDI.T 'ci:ltJNSELING AGENCIESFiiRTHE'CO=Y IN WHICH THE .PROPERTY,ISLOCA'l!ED ARE" SHOWN'ON'THE ATTACHED SHEET .' It is enly: nec;"ssa;:y ~o s,chedule ene face- to-face' meeting. Advise yallr creditor U1MEOIATELY of yOllr intentions. " ,,-'. '".,',.... ".:,::'~: , l\.PPLI!;:ATION ,l1'.OR MqRTGAGE, ASSISTAl',CE- 'low: mo":t51age, is ill def",ll1tfor. ,the rea,,6ri,:ssietforth in tbisNotice; ,:E.t yeu')'lave.triadandareunable'to . ,:~:~6I.;r~J~;~~::~;~~~,~~~~~:~t,,.t~~;~:b~~~~~t~~~9~C~~Y~r~~6~ ',., ;.., . ,cProgri!lit.;.. ,To de, '~9,<ye;i must 'fl1.:j;' out, sign 'ant~' ,f ile ac#mpleted. Homeowner's "EfIn~gency Assf.st.a',lcel?rosriun A,Ppiicatiori with one of the de.s,ign,at~d cooaumer ::q,:i:(!;dit (:Cuns~l.ing'agencies' listed en theattaobm",n'j;., .:0I).1y canSllmer oredit ",oi.1l1selingd..genoi",s' h,aveappiicat,ion", f:>r thei pr:>gram ,a,\d they will assist .you insucmittingap!"mplete application to the Pennsylvania HOllsing Finance ..;~:/~i...~~;:~~;;t:~1~~;~;,~;~~~:;,;,f~;;:';;f>";1st$~0~'~~'ir~.~~!~f:~~:~rY. ,!}?~'::.';: .....~.., . ."" '. ", YOPMPST FILEy'qUR ;APPLl:WION P@MPTLY;', ;rF YOT,lFAILTO lio SO OR IF YOQ , DO ~pT,~Or..LO\'( THEO'.ffll;1R TIl-lEPElUODSSET ~ORT.H IN THI.S LETTER, ~ORECLOS~ .' .,.z.w:'i?!mCEEl;l ~GA.l:NS'1''lOlJR HOME IMM'EDIA'1'ELY AND YOtlR,APJilLICATION FOR MORTGAGE ASS:rsi'ANCE WILL.. BE 'DENIED. ',AGENCy.ACTION'-Availab1e fund,S fer emergeqcymor,j:gage assist..nce are :';,:~i:~~::~~~~~~~t~.~.:~f~~~;~~l~)~.,j~~~~~:}t~i~~~~g~~i~~tl';~~~,~~~r~.. .,.; " "';"" "." :-. '- , I, t J ~ i),' ,"'... C,,' .. " ('....<iiI "'"'" ,. "'" '.!" "" .. . page'.3 Loan' No. '193381-1. ' appl.Loatior:). i-~ accurate aqd 90mplete iq every re'speota The Pennsylvania Housing Fin.ance Agency has sixty {SO} d~ys to make a decision a~ter it . . . ~!~~;~:sp~;;e~~;~;i;:~o;~ ..~~r~,~. ,~~:~,:;i~tl1~o ti~~:~~~~;m;~~:"~~~!:'ith abo....., You "'ilLb.... 'notiheddirec't,ly I:ly johe Pennsylvania Housing ,Finance AgenCY of 'it's dfia"ion on 'yo~r .;.ppHca.tion. .' . THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, POST OPFICE BOX S029, HARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO. (7~7} 780-3800 OR 1-800-342-2397 (TOLL'FREE NUMBER). PERSONS WITH IMPAIRED . llEARItlG CAN CALL (71.7) , 780-1869. . ."."" . . 'HOW 'YOUR MORTGAGllr IS' IN DEFAULT .' ' . . '- . . " NATURE' OF 'j:HE DEFAULT- The MORTGAGE YOl.!r property located at: Rd 1 del:lt held by the above Creditor on , Newl:lurg PA 17240 IS SERIOUSLY :m DEFAllL:l' becau..e: A; ..'!;OTJ."HA~~OT,M.ADE are'ildwpilii't"..due,"'" " payment.. of. Principal ESCrOW payment.., Late charges. Attorney FeeS/Costs . othe'i ch,arg;es, ,TQTAL)\l!\QUlIT PAST DUE: , "', ,;>:~:'\:I,;::" _I', -- ;'.,.', THE ,MONTHLY ,l>!ORTGAGE PAYMErlTS.. The . following amounts . .". ". :1 . ,~i ' . and Interest; . 2250.30 152.41 2401.71 , . , . -. ,._- 'Ii;' . tou HAlImFAIt:.ElD To RE-II'ISTATE 'YOUR .r.0Ari . .,."., TWTHEEOLLOW1:NGACTIOr, ; ~OW TO ,CURE ,THE DmF~ULT- You may cure the default within THIRTY (30) DAYS of the <:late of this not:J..ca B2' PAUNG Tlll!: TOTALAMOONT PAST DUEt<:> the creditor P+1i\!"i\'I1Y""c:1<:liti"n,aimont;~~y paYfll~nts,,,ricil,ilt'ech,arges,wh~~h may fall 'Flue '. ',a;etei::i'.he''4aqof''tnl.snol:lce and the 'date 'you malCe"ciUr "lit," 'paent.. ',rii.Jst,beil}~degt~",r'br' Si$h;\;aslil;;:;" 's6heok~ '. ~i'ifled ,'c~or;oone;m oi-4"'r' "ma~e j?ayablei>ariq -s'en:t>~o:'.' ." ,.-;. 'Central Loan, Administrat.lon f2~ Phillips ,Blvd. Ewing, NJ 08628 . . Attn:. Cash Management Department ,Yo1.1 can, cure'anY.other4ebu'l.t by t:a,1tingthefoUowing ~~t~~~,,~~~in Tl;lI~~',,, ,,',~*~):b~~~W~I~~~'9('7~:i~letteF;",' ...... ''',. ,', '.." ". "'.' ,: i:.. '.;t:'. , I;}) ~ " P,age 4 Lo,an No. 1933~1-1 IF ~OU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, THE CREDITOR INTENDS TO EXCERCISE ITS RIGHTS TO ACCELERATE THE MORTGAGE DEBT. This means that the entire outstanding palanceof thisdept win be,con"idered due imrn"diately and yo... may, lose the 9han"e't.opay 'tlleiIio"t~lagein mo:rithly, installmentil.' if full paYment "crf the total amount pailtdu" is not made' within THIRTY PO) DAYS, the creditor'also intends to instruct its attorneys to start a lawsuit to foreclosure u~on your mortgaged ~roperty~ IF Ta~ MORTGAGE IS FOREc~OSED UPON,- The mo"tgaged property will he sold by the Sheriff to payoff the mortgage debt. If the ,creditor .refersyour, case to its . attorn"ys, . but you cure the d",liriqtiency before, thec):'",dit.6r begins legaL'proceedihgsagainS:t 'You.. You~illstill be. r,,<;[uired t9 pay the , " . reasonable attorney'.s"'fees that.were ac:tually i~~rr~d:up to $50.00. However ifleqal proceedings ,'are,sta):'ted against YOl.!, you will have to pay all reaso~able attorney's fees actually incurred by the creditor even if they exceed $50.00. Any atto):'ney's fees will be added to the amount you owe the creditor, which may also include other reasonable coets. IF YOU CURE THE DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, ~OO wILL NOT BE RE~UIRED TO PA~ ,Jl.TTORNEY' SFRES. ,', , , OTHER CREDITOR REMEDIES -The creditor may also sue you personally for the unpaid principal balance and other sums due under the mortgage. Xou cannot be sued personally if you have obtained a discharge in a Bankruptoy proceeding. In that circumstance suit will be for property only. RIGHT TO,CU~ THE DEFAULT ,PRIOR TO SHERIFF'S SALE -,If you haye not cured the, default within the 'I'HIRT~ PO) D~Y J?edOd andforec,losurf,lj?rQc.e"dings have begun, YCW STnLHAVE TEE RIGHT TO CURE THE DEpAULT AND )?REVENT THE SALm"T ANY TlME'tW TOONE HOUR BEFORE, TEE' SHERiFF'S5ALE;' YOu!Ul.YDO SO" . -'. . .'" .', ",-. .- .-. -'.. , BY I?AY-ING THE, TOTALAMOtlNT' PLUS ANY COSTS CONNECTED WITH THE FORECLOSURE SALEAl'!D ANY OTHER COSTS CONNECTED WITH THE SHERIFFS SALE AND BY PERFORMING ANY OTHER REQUIREMENTS' UNDER THE MORTGAGE. . EARLIEST POSSIBLE SHERIFF'S DATE -It ises~imated that the earliest date :~tf~::1~':~i~~'~i!l:f~~~~Lf~be{tt~1~;:iF:f~~~~~i~~~k~:~:~:i~ri~f ~~e Course, the amount "needed to cure the de'fault: will increase the longe):' you wait. You may find out, at any time exactly what the required payment or act:l.op. will be l>y contacting the credito):'. , If money is due, such payment must be in cash, cashier's 'check, certified check or money order made ,~r~16q;0\!iri~~ cre~i.tor a~,' the afdress set f6rth~l?ov:." ' , " "-.~' .... '.., ,~ , :,," , f~:;;"" -jJ liJ " , . ..... <'P"-9'; S' Loan No. 1933S1-1 ,EFFEC~ OF SBERIFF:S SALE DATE - You should realize that a Sheriff's Sale 'will .end yo~r-owne~ship, of the mortgageg property and your rLght to occupy i,t. If, you c.ontinue toli.ve i.n the property after the Sheri.ffs Sale, a "lawsuit to remoV''' you and'your fu,rni.shings and other belongings could be ':start~byth" c;-e,<lit6r at,a:riy time. ' ' , ........, '-",:" " '. .:.... . OTllERRIGHTS THAT YOU HAW -You have addi.tiDnal rights to help protect your interest in the property. YOU ALSO HAVE THE RIGHT: ,*'l;OSELL ,THE PROPERTY '.1:0 OBTAIN MO~'lTQ PAY OFF 'nIE }IORTGAGE DEB'l' ,OR TO, ' iib~ow I1ONE:lFRoM,'Ari?~HliJR,:tENDINGINS'r.rTU'rION TO,'PAYOFF THIS DEBT; , '* 'TQsELL OR TR,ANSFER THE PROPERTY SUB.1ECT TO 'I'HE'MORT(lAG;E TO A B,U'lER OR TR,Pu'-lSFEREE: WHO WILL ,ASSUME THl;: MORTGAGE DEBT, PROVIDED THAT ALL THE "OUTSTl\liIDII;G PAYMENTS, CHPJlGES AND ATTORNEY' B FEES AND COSTS ARE PAID TO QR AT THE BALE l\liID THAT THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED. CONTACT THE CREDITOR TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. ,'" _ * TO HAVE THIS DEFAULT CU<l;ED aYANYTH:z:-RD PARTYApTING,ONyou!iaeitALF. ". *'.TO'Ju\VE THE AORTGl\.GE#ST9REDToTlriil'slOO: 'POSI'l:'Ii;ll'il\:S' IF,NO'.OEliAuLTHAD' OCC~D,<IF~Otf CriRE:,TflE tiEF~ULT> (Hdi-lEVER;YOU 00 NOT' ,i1AVE THIS RiGHT TO CURE,l.'cioR. DEFAuLT l>lO~1'llAN THREE xb-!:Eis IN .1\NY CALEND~ YEAR.)' * TO ASSER~THE NOIlEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCll:EDING OR ANY OTHER L~SU!TINSTITUTliD UNDER THE MORTGAGE DOCUMENTS. * 'I'P ASSERT ANY OTHER DeFENSE YOU BEL,IEVE YOU MAY EAVE TO SUCH ACTION BY THECE.liOUQR. *TO SElEK PI\9T,ECTIpl.'lUNqER ,'PHE Fl;:DERAJ:, ;~KRU~TC~Y't'., c :,,-:," . "',- ,sific~rely , :,: Ang~la M. Berntson second, Vice President . ,,;' , , ,XC1S:!.,au' J1lj;: """,,-, ,:'<:' . ',,' ,THIS, IS AN ATTEMPT TO COLLECT A DEBT l\liID ANY INFORMATION oeTAINED IN ", '," .-" 'l!lESPONSE TO 'nIISWILL BE USED TO FURTHER 'THAT END. '.,': - ,'.. "l: :'::1 ::'-' '.......,. .,-,,:. ;;" ,"-; ',--,',' " " f" _:,:} AJ.J.:I:J,.r,st:. ~anK L-,A ~;;.'tntral Loan Administration & RepB'i:'''ing , POl!ox 77404 !twi.nS' 'NJ 086:<8 (88<l)-289-'4610 February 15, 2000 Gerald A Fcgslsanger Rd1 Newburg PA 17240 Ce~t~LLed Mail No. Account N,o. 193381-1 , ' , Mcrt9aged ,l?rof'ert;r:l'd 1" Newburg . , ' PA ',17240 YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOUR LENDER MAY FORECLOSE AND YOU MAY LOSE YOUR HOME. IF YOU WANT TO SAVE YOUR HOME FROM FORECLOSURE, YOU MUST TAKE ACTION NOW ,By' EITHER" , 1. "CUIUNG TIlE DEFAULT..-,..,This noticeexpl,,!-ins tl;le, nature Qf the default and 'your r;Lghts toproti;!ct your interest in your home (S""" Section 403 of the, Act of J'anuary 30, "1974 (P.L.13, No.6), 41 P.S. SectIon 403); OR 2. APPLYING TO THE HOMEOWNERS EMEaGENCY MORTGAGE ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS - Read ,this notice to fhid out how ,the program work!!. YOU MUST MEST,WITH A ,CONSUMER. CREDIT COUNSELING 'AGENCY WITHIN.30 , DAYS 'oF', THE,DATJOOF, THIS..NOTICE IN OROERTOAPPLY. See Act of 'December 23 , 1983 (P.L;385,'No~, '91'f35J?S. 'section 1680. 201c':'1'513o;409o'.' Hyou need more informa~ion, call the pennsyivania Housing Finan~e Agency at 1-800-342-2397. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIONOBTENGAUNATRl\.DUCCIONI.i.'lMEDITA!>IENTELLAMANDOESTA ,AGENCIA iPENNSYLVANIAHOUSI~<lFIliANCE' 1\(lP;CYl B,I!! cMi.GOS. AI. .\'IYMERO ,MENCIONADO .Mj.RIBA;PUli:PES'SERELEG!BLE PARA UN P~STAMo POR li:L ,PROGRAMA LLAMADO , ,"HOMEOIiNERS,EMERGENCY, KOl\TGAGli: ASSISTANCE PRoGRAM." EL CUAL PUiDE SALVAR SU CASA LAPERDIDA DELDERECHO A REDIMIRSU HIPOTECA. EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE.FOR,FINANC!AL,AS$ISTANCE,WHICH CAN: SAVE YOUR HOME FROM ,FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGS PAYMENTS; ,', - .. . - - --. ,- ," --'-,' .",:,;"',."";:i.',"," ",I."" "." ,. IF\'OU', COMpL~( r/ITli,1'liEP'ROiiIsI ONsbFTRE ,"liom;oViN,ER/SEl{ERGENcYMQRTGAGE 'ASSISTANCE ACT'OF'198~ ("THE ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY 'MORTGAGE ASSISTANCE IF YOUR DEFAULT lIAs BEEN 'CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF 1'00 HAVE A REASONABLE PROSPECT OF RESUMING YOUR ,MORTGAGE PAYMENTS AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLEASE READ l!LL OF THIS NOTICE, IT CO~~INS AN, EXPLANATION OF YOUR RIGHTS; C,.Jtpi77 004 ',.'{D~,,'," ,,", , , l:':,t;'~ ~;J \9 ~ l. l?a9'" 2 Loan No. '19:3:381-1 'l'lilMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary'stay of foreclosure on your mortgage for thirty (30) days from the dat", of this Notice. During that time you must arrange and attend a "face-to-face'n meeting with _a r~presentati.ve of the,J:;:re4,itor.!Or with a' desiqn...teg. consumer credit counseUng "genc-y . "The purpose of tMs meeting is to atteillpt to work 'out a: repaymEmt:'plan' 'or to otheri-iiBe "etde your delinqUency. " THIS MEETING MOST OCCUR WITHIN THE NEXT PO} DAYS. HOW TO CONTACT THE CREDITOR. Name of Creditor: Centra~ Loan Administration Addre"s: 'P.o. Box 77410 Ewing, NJ 08628 * Telephone Number. MR; 'lrIESS.EL Contact PersQn: 1-800-242-7178 CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT, take action against, you for, thirty (30) days after the date ,of this,' meetin9' :I'HE, NAMES.,:N'iD !lObRES6ES" OFD,ESIGNATED 'COrlSUMER 'CRli:DIT l::QUNSELING AGENCIES FOR THE couNTY IN 'wHICH THEPROPEllTY IS LOCATED lUtE SHOWN ON THE ATTACHED SHEET. It 13 only necessary to schedule one face- to-face meeting. Advise your creditor IMMEDIATELY of your int",ntions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth in this Notice. ,If you have tr;i.ed and are u!,able to resolve this problem with tre creditor, you have the ,right to appiy ,for financial ,assj.stancefrom the Homeown",r's Elllergency MOrtgagi9:.As..istance' Program. .'To dOBO ,,'you must fiilout; sign' and f iie Ii completed Hciilleowner ' s Emergency As,eiStance" Program Application with one of ,the designated consumer credit coun,seling agencies' ~i.sted on the att;-;achmeI?-t. Only consumer credit cQuns"'ling agencies 'have applications for the program and they will assi,st you in submitting a complete application to the Pennay~vania Housing Financ", Agency. Your, application MUST be filed or postmarked withlhthirty PO) , days of your face-tor!'acemeeti,\g. ' :i.. , "'. . , """,, '- :,- , YOUj)I;os';!FniEiYOUR'APPLICATION PllOMPTLY, IF YOU FAIL TO DO SObR IF YOO DO Noi FOLLOW,THE OTHER TIME PERIODS SET'FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY ANQ YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for very limited. They will be disbursed,by criteria estab~i~hed by the Act. It is ,xCl7.8~O!l JI),E ,',' , " , '..' emergency ~o~gage as~istance are the Agency under the eligibility extremely important that your '.v'::<".'" '<:Y '3V ,;}. " ~ '. ,0',. \" .y:- "'t~:...-:.,~,;,~ .. ,-)~:;,,'T. ". . '19'33Eu-"l' ~PPlication~s~ccurat7 and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (50) days to make a decision after it ;receives ,your. appl.i;catiop.~ During t.h~t tim!3, no fpr,~9"loauI:~ -procee.dlng;s willloepursuedagainstyou' if YO'1, h<iv~met'the t;iinez:equirement'!' set.foi::t!1 above, 'Yo,! wil~.,~,n",t~fiedd~,,,~"'t;ly, ,o.x, the Pennsylv<lni<l fl'ousing Finance Agency 0; J.t;,s q",cf.s~o,n, oJlyour",wllcation, " . "THE PENNSYLVANIA HOUSING FINANCE,AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO. (717) 780~3aOO OR1-aOO-J42-2397 (TOLL FREE NUMBER). PERSONS WITH IMPAIRED HEARtNG,CAN,CALL (717) 780-1869. j' - --',. - . HOW YOUR MORTGAGE IS IN DEFAuLT -,' , NATURE OF THE DEFAULT,- ,yourpropert,y located at: The MORTGAGE debt held by'the above creditor on Rd 1 , Newburg PA 17240 IS SERIOUSLY IN DElFAULT because: " ,A~, ypu, MVE NOT MADE are' nOW' p'as'~:'i;1u",:,: ,'.', p<lymerih of l?:t:inc Lp<ll Escrow -'Paymen~e: ' Late chuges: ' Attorney Fee~JCosts Other Charges: TOTAl;. AMOUNT 'PAST DUE: B. ,yqUHAVlil !i'AI~D TO RE,-Il>!i:>1.wrEYQua:r.,OAN " . -- -i'." ,.-., THE MONTaLY MORTGAGE PAYMENTS. , ,The, f~llowing amounts a:rid Ihterest: "2250.30 162.41 2401. 71 '. , .' T~ THE FOLLOWING ACTION' . ;, "HOW TO, CURE THE DEFAOLT- You may cUre the default within THIRTY PO) DAYS of 'johe ,d"te, of this notice B:i PAUNG THE TOTAL AMOUNT PAST DUE to the creditor 'plus any, additionf,l monthly p"yment,j and la~e"'ha>;ges,,, "hich may faU du"" "",~:;:7~:,~;tflI~::';r.~d'~~et;~;:t;!>~~~i;~~ls~:c~;u C:;~:ifI~r ,,~:~~e: '~o~:~~~~:r' . . " made- .'pay_a..., _ e ._.~ll ... 'sent'__,tl?,~ _', .' -, - . - - - . " ceFt~al Loan Administration 425 Phillips Blvd. Ew~, NJ Q8628 Attn',. Cash Mana9'i'ment Department other default by taking the fcll~win9 action withinXHIRTY. date of this letter, ..' You:can cure any (.:lOlDAYS af,the "XC.17,!1"OQ9 ,JDE.'..' <,,' ',-'-"- 'i. .- ;".,. ',...' ,,.,'. . :"'1 ,,': -', ':':"":.'i::"::'- ',:. . i;:".-_ Vif!J .. , <, r::;~~ 1933Bl~i IF YOU 00 NOT CURE THji: DEFAULT - If you do not cure the def'>Ult within 'rHIHTY (30) DAYS of the date of this Notice, 'rHE CREDITOR INTENDS TO EXCERCISE ITS RIGHTS TO ACCELE~TE THE MORTGAGE DEBT., This means that ,the entire'outatanding balance of this debt will be con..idered due immediately . , - _' . '__ , - ' , ." _, ,_ " -", ,,: -'''- ,_ - - ~ . - '." :"" . - . , I, ',' . ,.':' . and ,you may 101>e :th" i::hanc~, ,to pay the mortgage,ii1.inol'lthly ,installments. ' , If '. ' - ;,"'- -,., '-,-'. _ ",,' _ '-;,.., _ '_ ': .,.- ,,,,L., ",', _ ", .' " ' . '_" :.", , . ,.j. ~. '_ ,,- - --, - '. ftillpayment of'thetotalamount pastdue,i", not mad,e within THIRTY (30) DAYS;_:'the" creditor' also ;.ntend~ to" instr1.1ct its _attorneys" to start a lawsuit to foreclosure upon your mortgaged property. n THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be aold by the Sheriff to payoff the, mortgage debt. If th" c~dltor r"fers your case to its attorneys, but you cure, the delinquency b,efore ,the 'creditor begins legal ,proceed,l.ngaagainstdyou,yc>uwHlst.tlll:ler"<;ruired,to pay the ' reas'onsble 'ahorney".s 'fees 'that, w..reactuaily incurr..d u9 to $50.00. However if Legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurr~ by the creditor even if they exc~d $50.00, Any attorney's fees will be added to the ~ount you owe the creditor, which may also include other reasonal;>le cO,sta. IF YOU CURE THE DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY ATTOIDlEY'SFEES. , , OTHERCREDITCRI\El-lEDIES - Tlle creditp~Jnayalso sue you personally for the unp~id:Principa~balance and other sums due under the'mortqage. You can not be sued personally if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance suit will be for property only. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE 7;If you have not cured the default ,withiflthe Tl:tI,RT'l(30) DAY periodaIldfO;:eolo~ure proceedings lJav..b~9=,'.YOU:s5.'ILL HAVE THE RIGH'.r TOCURE 'l.'HE, DEfAUr.TIUiD,PREVENT THE, sALE AT, ANYTIME; UJ? TO ONE HOllR BEFORE THE, SHEl'lIFF' SSALE, YOU MAY 00 SO ' s'lPA"d:NGrHETOTAt.AMOullT PLUS ANY'cit;lSTs comrecTED'wITH ~HE FORECLOSURE SALE AND ANY OTHER COSTS CONNECTED WITH THE SHERIFFS" 'SALE AND BY PERFORMING JlNYOTHER REQUIIlEMENTS UNDER THE MORTGAGE. EARLIEST POSSIBLES~ERIFF'S DATE - It ,is estimated that the earliest ,date that ,,,ucha Sheriff'sSareof thelU9rtsaged pr<>p""l;'txcould. l;>eheld would,be aPli'J::9X.in!ateiy'NIml (9rmohthsfrom:1:hl'1d..~ of l:M,,: Notice. A notice of the a'cl:"a:1:da.te,cift-IJ<<>'Sfl..i:,if,Cf;i "sa:~..,wiU~~,' s~ntta' yo\i.befbre ,the: saie . 'Of,' course, the"anlount needed to cure the aefault will increallethe 'longer you wil.~t. 1'011 mayf~nd ollt at any timeexactly'whatthe reqyired payment or Action ,will be by contacting the creditor. If money is due, such payment m\.lst- be in cash,' -aashier's check, certified check or, money order made ,payable to ~he creditor'at the address set forth above. ~~~~o ~OB .;n:,);1 " , , ,,'.,' "',. '(J3 v;;J ,. ~.~ ,,;"-",' .' "Page 5, " Loan No. ,1'93381-1 EFFECT OF SHERIFF'S SALE DATE - You should realize that a Sheriff's Sale will end you;!: ownership of the mortgaged property and YOflr right to occupy it. If you'continue to liye in the property after the Sheriffs Sale, a , lawsuit to remove you arid your furnishings, and Clther belon.gings could. be" '"tai;t..~ by the ",redJ,tClr,at any t,im~. ,',,' ,,', '.', ,. , , ., ,OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect your interest ,in theproperty~ YOU ALSO HAVE,THE RIGHT: . TO SELL THE P;e.OPERTY TO,OSTAIN MONEY TO ~AY OFF THE MORTGAGE DEBT OR,TO ,BO~OW MOllEy, FROM Jl,NOTHE;e. LEND~,NG INST:r;,TPTION TO PP,;:l9F1t,THJ:S Dlill!.T. ~ TOSELLO~ TRANSFER THE PROPERTY SUBJECTroTH$MORTQAGETO A BUYER OR TRl\l:lSFEREEWHO WILL ASSUME THE MORTGAGE DEBT, PROV'!i)EDTllAT ALL THE OUTsTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS aRE PAID TO OR AT THE SALE AND 'THAT THE OTHER REQUIREMENTS OF THE MORTGAGE aRE SATIsFIED. CONTACT THE CREDITOR TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT .. ." EXIST. - .' '. - - ' . ,T.o HAVE T1USDEFAULTCUREo BY ANY THIRD PARTY ACT;I:NG ON;iOqR BEHALF. . TO !!,lI.VE TI:lEM()RTGAGE,R:E:>~OREDTOTB.ESAMJ;;" PpSITICll'!:,~IFJ,!OD,EB'A()LT~ OCCURRED, 11l', YOll cORE THE DE,FAULT. (HOWEVER, YOU DO NeT HAVE THI,S RIGHT, TO CuRE YOUR DEFAULT MORE THAN THREET.hlES' IN'ANY CALENDAR YEAR.) , . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY F~CLOSURE PROCEEDING OR ANY OTHER LAWsUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER qEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE CREDITOR. 'XO'SEEK PROTECTION ,UNDER THE FEDERAL BANKRUPTCY,LAW, ,,-, ._s~r,~~,rely , Angela M. ~erntson Second V~ce President ..,. .; XC~81 Oil JDE '.:', ''','' ,,".-' ".,' '.:' ,: " THIS IS ,AN ATTEMPT TO COLLECT A DEBT AND ANY ,INFORMATION OBTAINED IN RESPONSE TO THIS 'WILL BE USED TO FURTHER THAT END. ; ; " ~)'1!~fRil~l1t~~~; . Pusrr~J\llK UR !lATE 0\EMlN RE'.CEWT SEA.VICS."_ RE::m'!IC1'EP ~Ry :' ~FEi=:_:l-.~~~~C'E\F.t:, TO'rAI. roSmCiE'.*iIo~ ",','," ::.0, ::r~ 1.1'1 ",~Tal\i -1C .<., MOT OflII'tralN,o;nO~W. 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(. .. ii;!- I:~~- Iii ~:[ !~: "~' IPO; i~:': Ii,: to' t' VERIFICATION j:' .' ri, I" i'J ['-,' " f I, Scott A. Dietterick, Attorney for Plaintiff, depose and say subject to the penalties of 18 p" ",1 t" foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my information, [f:' ~,1i t~ ~,. I:" [:: M Ii f~~ Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the knowledge and belief. i,~ W: i'ii ;{ Ii c )H i1 Ii !i i K' ii" I Scott A. Dietterick Attorney for Plaintiff Iii ;;' .; f, IF iq {: e' e, F I !': Ie t I. I i: I: i ~- --,. -~~'''''~~i~:-~~ o;.'_~NJ~Mi:'iJlJillJi!;j"-'''''' .0-. ~[JLIL ,_~_,JJl:,,_UjL <_, !lI]]1UI, "."""__N" .. <,'~~ ~ - -~~ Ii...- .', ~-'i"_~ ""'~.lII .. ~....,.. (') C 0 c:: CJ- .,.-.- -'n ~t~ J'::-~ ---j iT) :_7""' _ f-; ., ';;:~ fJs-:"" I ~';- - "", ;:S~:, Co "l',) ("'-) L ~~~ .'0 '"'"'.J :t' _rj :J~ ,-' _"'--2(-) Pc S~ Bin 2: -; ~ :j )> r'.:> ::0 -< -,' , !/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK ffklaI FIRST NATIONAL BANK OF MARYLAND, Successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, I';: No.: 00-4455 Civil i- i:" r'- ),( Plaintiff, vs. I:, !" GERALD A. FOGELSANGER and LEIGH R. FOGELSANGER, Defendants. r.c CIVIL ACTION - MORTGAGE FORECLOSURE t' " NOTICE TO PLEAD " TO: ALLFIRST BANK: YOU ARE HEREBY NOTIFIED to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. i j ~~ ! " ~, t WEIGLE, PERKINS & ASSOCIATI;:S BY: SJ)~ G-C~ David P. Perkins, Esquire Attorney for Defendant Attorney ID #34342 126 East King Street Shippensburg, P A 17257 Telephone (717)532-7388 Date: August 25. 2000 WEIGLE. PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 ~J' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK flkJaI FIRST NATIONAL BANK OF MARYLAND, Successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, No.: 00-4455 Civil Plaintiff, i., il " I vs. GERALD A. FOGELSANGER and LEIGH R. FOGELSANGER, Defendants. v' CIVIL ACTION - MORTGAGE FORECLOSURE i I" I:'; I:' ! ANSWER AND NEW MATTER The Defendant, Leigh R. Fogelsanger, by and through her attorneys, David P. Perkins, Esquire, and Weigle, Perkins & Associates, answers Plaintiffs amended complaint in mortgage foreclosure as follows: I', ~, g' 1. Admitted. I 2. Admitted in part, denied in part. Defendant, Gerald A. Fogelsanger, resides at 125 Fogelsanger Road, Shippensburg, Pennsylvania 17257. Defendant, Leigh R. Fogelsanger, resides at 11 Poplar Lane, Newburg, Pennsylvania 17240. RD 1 is no longer a proper address since the post office requires a street name and number. PO Box 3703, Joplin, MO 64803 is not a proper address for Defendant, Leigh R. Fogelsanger. [: " ); I I' ." L " , r 3. Admitted. 4. Admitted. 5. Denied. The record and real owner of the aforesaid mortgaged premises is Defendant, Leigh R. Fogelsanger, by virtue of a deed from Gerald A. Fogelsanger and Leigh R. Fogelsanger, husband and wife, dated May 14, 1991, and recorded in Cumberland County Deed Book E, volume 35 at page 530, a copy of which is marked Exhibit "A," attached hereto and made a part hereof. 6. Denied. It is denied that the Defendant, Leigh R. Fogelsanger, is in default under the terms of the mortgage and note and proof thereof is demanded at trial. Plaintiff has failed to properly credit payments to Defendant Leigh Fogelsanger's mortgage account. Defendant has not received notice from Allfirst Bank indicating a delinquency in monthly payments on her mortgage account. In the Spring of 2000, Defendant, Leigh R. Fogelsanger, was preparing to undergo surgery and contacted Allfrrst Bank to make arrangements to make sufficient payment ahead so that she would not default on WEIGLE. PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 her loan while undergoing surgery. Defendant contacted Norman Hudson at Allfirst Bank in Baltimore, Maryland. Defendant was informed by Norman Hudson, that as of May 2000, her payments were caught up through November 2000. By way of further answer, paragraph 4F of Defendants' adjustable rate note and adjustable rate mortgage rider requires Plaintiff to provide Defendant with notice of any changes in interest rate and the amount of monthly payment before the effective date of any change. In accordance with paragraph 4A, the interest rate may change on the first day of July of each year. Defendant, Leigh R. Fogelsanger, did not receive notice of the amount of her monthly payment from Allfust Bank in 1999 or 2000. 7. Denied. It is denied that either of the notices were mailed to Defendant, Leigh R. Fogelsanger, and proof thereof is demanded at trial. The Notices, marked Exhibit "C" attached to Plaintiff's complaint, are addressed to Leigh R.,Fogelsanger's former husband, Gerald A. Fogelsanger, who currently resides at 125 Fogelsanger Road, Shippensburg, PA 17257, as indicated in Plaintiff's complaint in mortgage foreclosure. It is denied that Plaintiff has complied with the requirements of the Homeowners Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974,41 P.S. glOl, et seq. as notice was not given to Defendant, Leigh Fogelsanger. 8. Denied. It is denied that the amount stated is owed by Defendant to Plaintiff. By way of further answer, Defendant deuies that Defendant is in default. 9. This paragraph does not require a response. WHEREFORE, Defendant requests that this court dismiss Plaintiff's Complaint in Mortgage Foreclosure and grant such other and further relief to which Defendant may be entitled. NEW MATTER 10. As of July 1999, Defendant, Leigh R. Fogelsanger, paid the mortgage loan completely up to date as of the date of payment. II. Since July 1999, Defendant, Leigh R. Fogelsanger, has made various payments on the mortgage loan for which the Defendant has not been credited by Allfirst Bank. 12. Prior to June 1999, Defendant made her mortgage payments at the local Allfirst Bank branches in Shippensburg, Pennsylvania. On or about July 1999, the local bank branch refused to accept payment and indicated that payment would have to be mailed to Allfust Bank. 13. In July 1999, Defendant paid Eight Hundred Dollars ($800.00) to Allfirst Bank. 14. Approximately October 1998, Defendant received a refund check in the amount of One Thousand One Hundred Dollars ($1,100.00) from Cenlar on behalf of Allfirst Bank. Defendant, Leigh R. Fogelsanger, requested that the funds be applied to the Defendants' current mortgage. When Allfirst failed to do so, the check was sent to Attorney Scott A. Dietterick by letter dated May 28, 1999, a copy of which is marked Exhibit "B," attached hereto and made a part hereof. By letter dated May 3, 2000, WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 .. i'i [i: H. :l~ >[< ~,' ii' , ,c. ~ ., ,;) 'I j" fj" Ii" ..~. If;" I' I~ Ie' ~;' i; f I' [', " " " I , t;.' ~t ~ ~ ~, ~ I l. I P Ie k ~' addressed to Defendants' counsel, David P. Perkins, Esquire, (a copy of which is marked Exhibit "C," attached hereto and made a part hereof), indicating that the sum of One Thousand One Hundred Dollars ($1,100.00) was credited to the Fogelsanger loan on July 21, 1999. However, Defendant has not received credit for said payment of One Thousand One Hundred Dollars ($1,100.00) on her mortgage account. 15. On or about November 19, 1999, Defendant mailed payment to Allfirst Bank in the amount of Three Hundred Dollars ($300.00). 16. On or about December 1999, Defendant mailed payment to Allfirst Bank in the amount of Five Hundred Dollars ($500.00). 17. On or about January 2000, Defendant mailed payment to Allfrrst Bank in the amount of Two Hundred Fifty Dollars ($250.00). 18. Despite the payments, Defendant has never received an accounting showing a current balance due on her mortgage loan. Defendant did not receive a payment book or any monthly statements from Allfirst Bank since July 1999. 19. Defendant did not receive a year-end interest statement for the mortgage loan from Allfirst Bank in 1999. 20. Defendant has not received notices of changes in interest rate or payments amounts as required by paragraph 4F of the adjustable rate note and the adjustable rate mortgage rider. WHEREFORE, Defendant requests that this court dismiss Plaintiffs Complaint in Mortgage Foreclosure and grant such other and further relief to which Defendant may be entitled. WEIGLE, PERKINS & ASSOCIATES r& I ",).:$') Oil Dated Q.A()"~ David P. Perkins, Esquire Attorney for Defendant, Leigh Fogelsanger Attorney ID #34342 126 East King Street Shippensburg,PA 17257 Telephone (717)532-7388 By: WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ,--., If;~ ;:!- ," [:; f,' ',', ;'; I' , ,,- " :;,!' , ~I: ~it [., Ii I' Ii Ii: " I, ~I Ilc. ii' Ii: i'\ r !I'- !!': ~I; ,j i1. I!i Iii I~ '[ I~: ,I- I I, i ~:' I. '~-, l:: r I. , I: I I , 1;; I ..- ~"~~ b" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK flk/a1 FIRST NATIONAL BANK OF MARYLAND, Successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, vs. GERALD A. FOGELSANGER and LEIGH R. FOGELSANGER, Defendants. No.: 00-4455 Civil (, I , l'; Ie, Ie I 'c !, CIVIL ACTION - MORTGAGE FORECLOSURE ( !: f Ii, !: VERIFICATION I verifY that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: August 25, 2000 WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 _b- .1 r .. 4 ,_ -i :r '" 0.. U'l , Q ,.. .... ?- M w :z: "" => E:' . v- a CJ ~> a... , w " tD .. "" ...J C\J '" C> a: Z <.> "" ~I = , '" ".. -, '" ::.. ....... <> C, . . ," TIllS DBBD, _ TIIB 14..... Hundred Ninety-One day of MAy in the year of our Lord one Thouaand Nine (1991). BETWEEN GBRALD A. FOGELSANGER, and LEIGH R. FOGELSANGER, huaband and wife, of 5 Eaat Kain Street, Newburg, Cumberland County, Pennoylvania, partieo of the first part, and OraD'tor., LEIGH R. FOGELSANGBR, of Newburg, cumberland County, Pennsylvania, party of the aecond part, Grantee, WITNESSETH, that in conoideration of One and nO/lOO Dollara ($1.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantor. do hereby grant and convey to ,the sa~ Grantee, her he~r8 and assigns, ALL that certain lot or tract of land oituate in Hopewell Townehip, CUmberl~nd County, Pennsylvania, 'more particularly described on preliminary final plan entitled "Land Subdivieion for Douglao E. Henschel," drawn by , Carl D. Bert, registered surveyor, dated ~une 1985, which said plan has been approved by the appropriate municipal authorities as a subdivision plan and is ,filed in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 4B, Page 33, as follows. BEGINNING at an'iron pin at, common corner of SO and 5B on the within referred to Subdivision Plan; thence along common boundary line of Lot 5B and 5C, South seventy~three (73) degrees zero (00) minutes zero (00) BecOnds,West, four hundred fourtean and one-hundredths (414.01) feet to an iron pin in line of Lands, now 'or formerly of ~ohn S. BertI thence along line of lands now oi;,formerlY of ~ohn S. Bert, North fifteen (IS) degreea twelve (l~)minutes zero (00) seconds West, one hundred eighty-three and eighty-onehundredtha (183,81) feet to an existing iron pin I t.hence continuingRY eameand along line of lands now or formerly of Isaac F. Eah North, twenty-seven (27) degrees twenty-eight (28) minutes twenty (20) seconds East, four hundred thirty-six and twenty-nina-hundredths (436.29) feet to.an, exi~~ing iron-pin at common corner of lots ,SO and SET thence along common boundary line of Lot SE, South thirty-four (34) 'degrees seven (07) minutes fifty-two (52) seconds East, four hundred sixty-eight' and four-hundredths (468.04) feet to an iron pin in the edge of 'cul-de-sac havi'ng a radius, of fifty, (SO) ,feet 'at the terminus of the 5,O-foot wide private rlqht~of-way r~ferred to abovel. thence a long- the edge of cul-de-sac along a curve ,to the ~left having a radius of fifty (SO) feet, an arc distance of sixty-three and fifty-nine hundredths (63.59), feet to the point and place of, BEGINNING., BEING Lot '50 as referred to on the above-mentioned Suhdivieion Plan. CO~TAINING 3.2241 acree more or less. UNDER AKDSUB~EcT to the notatione as listed in the herein-mentioned Subdivieion Plan. BEING a part of the premises conveyed onto Douglas B. Henschel and ~oanna R. Henschel, husband and, wife,by Deed of David R. Kartin etux, dated ,the2nd',dayof October, 1982, which eald deed is recorded in CUmberlaild',County Deed, Book ,X, Volume 29, Page ,773. BEING also a part: of Lot No;'. 5' on subdividon plan of David R. Kartin recorded in Plan Book ,41, Page 005 and~being the same premises conveyed by Douglae E. Henschel and Joanna R. Henschel, husband'and~ife, by deed dated October I, 1986, which ~ti05 lAcE Sat> ~ :a I r-.- ! I' f t- ! I I \ ,\ I I': , " j, ; I i '-.) ,Ie; .... J ! ,/' ..... " deed i. recorded in the Cumberland to' Gerald A. Fogelsanger and Leigh grantors herein. County Deed Book F, Volume 32, Page 427, R. Fogelsanger, husband and wife, TOGETHER WITH unto the grantee, her heire and aeeigne" the right of ingresB, egress and regress for persons and vehicles and utilities over and along a fifty (50) foot wide private right-of-way ehown and designated on the abovementioned plan aa Lot No. 5M, in common nevertheless with Grantor. a. owners of Lots No. 58 and SR. J UNDER AND SUBJECT to the obligation upon Grantors and Grantee, their reapective heirs, succeSBors and 'assigns, to pay an equal 'one-third part (for each lot) of all charges, costa and expenses which shall from time to time accrue or be neceDsary for the improvement, alteration, repair or maintenance of the ,roadway and any commonly shared. utilities. 'ALS9, TOGETHER WITH unto the Grantee, her heirs and assigns, an undivided one-third (1/3) interest as tenant in common in and to the fee ownership of Lot No. SH as shown on the afore8ai~ plan, subject to the rights of lngress, egress and regress of the.present and futur~'awners of the other two lots, S8 and SE, which are herein reserved and intended to be conveyed appurtenant to tho.e loti. Grantee,. .together with the present and future owners of ths other tWQ lots, 58' and 5E, ehall have the, right to improve the road on Lot No. 5H to municipal standarde ,and to dedicats it to pUblic u... EXCEPTING AND RESERVING un~o the Grantors, and the Crantee, their heirs and assigns, respectively, the right (but not the obligation) to .ntar upon Lot No~ SH and at/their own cost and expense to improve the road to municipal standards and to dedicate it to public uee. UNDER AND SU8JECT to the restrictions which ehall be a covenant running with the land that no mobile homes shall.be erected Qr situated upon the land nor shall the premises be used f~r a junkyard. /'---", !. , .. THIS conveyance i. between hu~band and 'wife, 'ariet"is therefo~e e~empt from Rsalty'Transfer Tax and obligation to file an ,Affidavit of Value. TOGETHER with all and singular, the said property, improvements, way., waters~ water courses, rights, liberties, privileges, hereditament. and appurtenances whatsoever thereunto belonging, or in. anywise appertaining, and the reversions,. and. rema~nder8, 'rents, issues and profit. thereof, and all the estate, right, title, intereet, property, claim and demand whatsoever, of the said partiee of the first part, in, law ~quity or otherwise howsoever, of, in and to ths same and every part thereof. TO HAW 1IIID TO HOLD the said " hereditaments and premises. hereby. granted or mentioned, and intended 80 to be, with the appurtenances, unto the said pa~ty of the, second part, her heirs and assigns, to and for the only'properuse. and. behoof of the eaid party of the second part, her heirs and assigns forever. . Gerald B. Fogelsanger and Leigh R. Fogelsanger, husband and wife, the said'parties of the first part, for their heirs, executors and' administrator., do by these presents covenant, _" g~a~~ an~r agree to and with the said party of, the second part,her hell's and aeiJigris that they the eaid partiee of'the first part, and their heirs, all and,singu~ar the hereditaments and premises herein above descr~~ed and.granted or mentionsd, and intended so to bs, with,th8, appurtenanc~s,' unto the eaid party of the second part; her heirs and assigns' again it. them the said partiee of the first part and their heirs, and against all and every other parson 'whomsOllver lawfully claiming, or to' claim the same or any part thereof generally shall and will warrant and forever defend. BOOK f:35 PACE 531, \..... < "__''''',';~;.';i',''';'' ,;",. -"0; h''';~':;; - " ~ ,. , , I' i. . ',' j.. " , i:' ~ . J1 ' r " X. WI7HZBB WHEREOF, .aid partie. of the fir.t part have to the.e pre.ente .et their hand. and .eal. Dated the day and year fir.t above written, SIGNED, SEALZD AND DELIVERED IN THE PRESENCE OF () C'" , " ~L ;:'"'r\..L..:t..u...\~ COllMONWElILTH OF PENNSYLVANIA COUNTY OF, CUMBERLAND SS / ,/." I A "/ On th18, the "j day of ' /Vf~ , 19~, before me, the undersigned officer, pe~8onally appetred Gerald A. Foaelsanaer and Lelah R. Foaelaanaer, known to me (or satiBf,actorl1Y proven) to be the peraon(a) whose name(B) are Bubacribed to the within instrument, And acknowledged that they executed same for the purposes therein contained. IN WI7HZBB WHEREOF, I hereunto .et my hand , , I do hereby certify that the preci.e office addre.. ot, the within named grantee -:>.7 fla-w ~fU r<, J ?.. '"-0 ~~{4 , 19!!.... 8eal. ~. "u........, ~~\'. fl!~..Ql~li.;!. (910: .,:,~.~.<J NOTARll,l SEAL' , , OTIRY PUBLIC CARLISLE BORO. CU'~R,q,,\t'D COUNTY re8ide~8 and :Jm ~ I. I ~ EXPli~~ f~:.r.ljJ<in' 22, 199:t 18 II 1;;,~Q<lh "'.""'<" I''''''''r, ~,.~~O ", "1, H$;~\\'\..\"''' ,.1,o} D \\.1 . a ..J, ^ 'fr". ."" ~~~-_.. .,..,..,..' RUBY 0, WEEKS, ESQUIRE Attorney for Grantor. COIIlIONWEALTH OF PENNSYLVANIA . . SS COUNTY OF CUl!BE7CORDED on thi. '~lo th dayof ~~""l"'" A.D. 1991, in the Recorder'e office of the e",i,~,p,~rit.?i)ti';:p~d or ,-?.e:::- C;;-o 0 ' ,..1,;'iI:'if"'>.~:~'':'ffY''!!!~i'!!~'' Book t::.., VolumeJ-.J , Page .' (. '.;'.n;.;.1.;'~~'f~-;,~:;..~ Given-:der my hand and the aed of the .aid)btt'r~trf~~ifltt~:: . ,~..t \"~~'"'t~~,~.c.,''''''' ~ -.~~,,~ ~Jf!P..,a',"^" ,~';":':'~'''~ " . J ". ....:.~~.';t.,.' ,~~. ... '~,,.,,c,,....-. . ~~...~ ,.Jr:.': Recorder, ac.~tC ' above written. ~ ~~OKf:'"3S fAGE S3~ .. """ - -= " "'. / MARK, WEIGLE AND PERKINS Attorneys-at-Law 1:1i EAST KING STREET SIIIPPENSBlllC, PENNSYLVANIA 17257-1397 TELEPHOJ\l: (717) 532-7388 or (717) 776-4295 FAX (717) 532.6552 WILLIAM R. MARK (1912-1980) JERRY A. WEIGLE DAVID P. PERKINS Assodatt JOSEPH P. RUANE 28 May, 1999 Scott A. Dietterick, Esquire JAMES, SMITH, DURKIN & CONNELLY P.O. Box 650 Hershey, PA 17033 Re: Dauphin v. Fogelsanger Dear Attorney Dietterick As per our telephone conversation on Thursday, May 27, 1999, please find enclosed a check issued by Cenlar in the amount of$l,lOO.OO made payable to Gerald A. Fogelsanger and Leigh R. Fogelsanger. As we discussed could you please contact Cenlar and have them issue another check, this check can be forwarded to our above address. Thank you for your time and cooperation. Very truly yours MARK, WEIGLE AND PERKINS Heather Carey Legal Assistant Enclosure ,cc Leigh Fogelsanger Ie" '" ra ' o ~. ""j'.~ O,,::~ <0' 8 -,' ~-I':' :-Sl:;~ '. ........"0:.. ~ .~'r') . _ fa ~";<:'~':i' ,.., ....II' :' ,,].-g. .Z . ..~..~ W ~, '5 /5" U i g 1- " '(),' - fu ~ ....~ 0::: lD , 0 c f- 0 co a: 0'1 ~~ 0'<1' at:! ::;;0'1 o wiN m- _m ~N cico ZO'I ><0'1 Ocg Wo 50 "'''' zz <li<li "'''' "" ~~C)--, ::(~?; '- "''''~ ,~~~ ',- wwO. OO~ ~~z 0::0::<(' 5510 zz::< www " '"'' .. ~ 0 c , C! Ii z 0 ~ 0 ;: f- ..-:. Z 0 w ::> ..... z 0 i 3 ::;; <( .... z p , , o '" c 6' > a: Wa: ClW ~CI . "CI)Z. --...Jet 'WUl CI..J OW _ CI - u. 0 'oiu. ,cei .-...J . ;28 WiD' ..O..J ~.-~ , . , '" Ow t-1i1 u. ~~O a.~ I I "'"-'" ~;: III ~ " in c i!J . " ,. c CJ " L1l 'I rn '" CJ CJ <tI <.lI : ... CJ ".:' , L1l <.lI rrI ... t'- , n.J -:-... ", , , n.J :.," . 'a: <tI []'" :, []'" <.lI CJ , - CJ ''!:, r -- c~~~~~~~ May 3, 2000 Mr. David P. Perkins, Esquire Weigle, Perkins and Associates 126 East King Street Shippensburg, PA 17257-1397 Re: Gerald A. and Leigh R. Foge1sanger Loan #1933811 Dear Mr. Perkills: In response to your letter dated April19, 2000, the sum in question, $1,100.00, was credited to the Foge1sanger loan on July 21,1999, I have enclosed copies of the check as well as the loan history showing the $1,100.00 credit. In reviewing the comments on the loan, all year,end statements and correspondence are being returned to Cenlar for an expired forwarding order. Please have your client update our records with a correct mailing address and phone number, Our telephone number is 1-800,2-CENLAR, s:cereIY, ~ V f @ ri~ ) Vice President Servicing Operations Ene. RECEI,VEO KAY 1 120M P.O. Box 77410 . Ewing, NJ 08628 . 609,883,3900 u / Ol a:0l ~Ol ~~ or-- o:!: ::EU) o ~IN M _ _M ~N '0 ~C') GgJ III 0 GO ~ " 0& C!z OJ' 0'= I-- ..... ~ Z .. fil ::> ....." o ~ ~ :.:E: u oct '" b " z : !!: . " " 5 . > "'''' ,', zz ('oj caca -- 0 ''''" ~, "" .---'" 0) ?;;!;C) >~z ~ N c%CI)ii: 0 -'~ili r-.. ~Illd () ~ClLU UJUJ" u..l.L~ a:~1: c!\ :5z>i zUJUJ ~oa: ()' --- ~! ~I ~~ Ui U gl en "' o o 'It '" " III ~ "- III a: o I-- ~ .!'1 <5 o o o is o -0 C .. ] -0 C ~ :r: .. c o -0 C .. ~ ~ o <= I-- .. c o a: w'" tow ZCI ~Z -'~ W.... 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Q) 00 Ul I 0 ~ "' C"l ....1 C4 0 ;:J C"l W 0 0 "" 0 0 0'1 19 2 0 0 ~ 0 rl 0 2 0 "- 0 ~ 2 :'2 ....1 Ul W rl 2 .0: 0 .0: ....1 Ul 2 Ul 0 ....1 W C"l "- rl ....1 .0:2 ~ ~ 0.. (:Q 0 0 .0: 2 H W C4 .0: >< 0 <1l 19 ....... 2 I I C4 C4 (:Q H I W I (:Q .0: 0 0'1 '"' W P 2 2 I I I I W ~ U I C4 C4 Q) 0 W C4 C4 W C40H HE--< U U ::r: ~ ....... Ul :> Ul ....... W Q) tl1 C"l 2 0 0.. 0.. :::> ><20:: 0::2 Ul Ul '" H UHO PU 19 +' <1l 0.. .0: 0:: :::> W .0: 0 E--<.o:o.. o..H W W .0: ....1 ....12.0: UlUl .0: <1l 0.. 2 (:Q ::r: 0:: 0.. 0 -,,-~ " , > i ,'~ """'. ".,i,'-' -'j '-,-' " ~"" - - - ~-~, ~ ,.- , '0'_" ;..;" ,-- -u ."...,~I",~,-~. -'';''. ..\,,; "",,-~-- -.' . - ~, ,', "'",,; .,-- ~- '-i'o-SJ. J' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK fYkIa FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: 00-4455 Civil Plaintiff, vs. GERALD A. FOGEL SANGER and LEIGH R. FOGEL SANGER, Defendants. PLAINTIFF'S REPLY TO DEFENDANT'S, LEIGH R. FOGEL SANGER. NEW MATTER AND NOW, comes the Plaintiff, Allfirst Bank fYkIa First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, by and through its attomeys, James, Smith, Durkin & Connelly LLP, and files this Reply to Defendant's, Leigh R. Fogelsanger, New Matter, as follows: 10. Denied. By way of further reply, Defendant, Leigh R. Fogelsanger, stayed a previous foreclosure at docket number 98-5444 Civil by curing the then-default through May 24, 1999. In addition, an account credit was given to Defendants in the amount of$I,100.00 which covered the monthly payments due on the mortgage account due for the months of June 1999 through August 1999. 11. Denied. By way of further reply, all payments made by Defendant, Leigh R. Foge1sanger, to Plaintiff since July 1999, being a $300.00 payment received by Plaintiff on December 2,1999, a $500.00 payment received on December 30, 1999 and a $250.00 payment received on February 24, 2000, were all payments on her second mortgage account with Plaintiff, --,-""'.,, - ," ~,~.;,",~. .~,-" "" ,i~-.. ,'>--<:,.".,.-,',I'",-,",~, ,'~ ,'J-'~'--~"~'i_ .-'"',_~> ,-~,"~ ,',\ [I 11 I 1.' I n [, being a mortgage dated January 20, 1989 in the original principal amount of $14,500.00 ("Second Mortgage"), not the Mortgage which is the subject of the above-captioned action ("First Mortgage"). On the First Mortgage, no payments have been received from the 12. Denied. Plaintiff is without sufficient information to form a belief as to the truth !; ! , I i " " , , I' Defendants since the May 1999 reinstatement. of Defendant' s, Leigh R. Fogelsanger, averment in Paragraph 12 of her New Matter and proof of i; I I" !i same is demanded. By way of further reply, Plaintiffbelieves, and therefore avers, that Defendants are in possession of an existing payment coupon book indicating that all payments on the First Mortgage should be made to Plaintiff clo Cenlar, P.O. Box 77408, Ewing, New Jersey 08628. 13. Admitted in part and denied in part. It is admitted that Defendants paid $800.00 Second Mortgage with Plaintiff, not the First Mortgage. " l;; B I' to Plaintiff in July 1999, but as stated previously, said payments were made on account of the 14. Denied. By way of further reply, Defendants were given credit on the First Mortgage to cover the monthly mortgage payments due for June 1999 through August 1999 as explained in Plaintiff's Reply to Paragraph 10 of the New Matter. IS. Admitted in part and denied in part. Plaintiff admits that it received the payment alleged, but for reasons more fully explained in Plaintiff's Reply to Paragraph 11 of the New Matter, Defendant's payment was made against the Second Mortgage with Plaintiff and not the First Mortgage. 16. Admitted in part and denied in part. Plaintiff admits that it received the payment alleged, but for reasons more fully explained in Plaintiff s Reply to Paragraph 11 of the New Matter, Defendant's payment was made against the Second Mortgage with Plaintiff and not the First Mortgage. 17. Admitted in part and denied in part. Plaintiff admits that it received the payment t' i i (; alleged, but for reasons more fully explained in Plaintiffs Reply to Paragraph II ofthe New Matter, Defendant's payment was made against the Second Mortgage with Plaintiff and not the First Mortgage. 18. Denied. Plaintiff specifically denies that Defendant has not received an accounting showing the current balance due on the First Mortgage, and regardless, lack of an accounting does not constitute a defense to an action in mortgage foreclosure. Plaintiff admits that Defendants were not sent a payment book for monthly statement following July 1999 for the 19. Denied. By way of further reply, Plaintiff believes, and therefore avers, that a ~,; , , r i 1:" r , reason that they were already in possession of the paym~nt book for the First Mortgage. year end interest statement for the First Mortgage was sent to Defendants. Regardless, failure to send such a notice by Plaintiff does not constitute a defense to Defendants' First Mortgage default. 20. Denied. By way of further reply, Plaintiff believes, and therefore avers, that all notices of change in interest rate were mailed to Defendants at their last known addresses. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant judgment in I; I' t I ~ I, its favor and against Defendants as requested in Plaintiff's Complaint. Respectfully Submitted: DATE:~ & CONNELLY LLP BY: , Sco~ A. Dietterick, Esquire PA!.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey,PA 17033 (717) 533-3280 . r~,., ." ", \_, ~~_ ",.' "='" ,___ ~.,.~".'<~.-.",g.' C. '.~"O 'I,," ~_ '''ff'N.,'''h;_\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/k/a FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: 00-4455 Civil Plaintiff, vs. GERALD A. FOGEL SANGER and LEIGH R. FOGELSANGER, Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Plaintiff'...:; , Reply to ~s, Leigh R. Fogelsanger, New Matter was served on the following this J..r;;tf day of , 2000, via First Class U. S. Mail, Postage Pre-paid: ' David P. Perkins, Esquire 126 East King Street Shippensburg, P A 17257 BY JAMES, SMIr DURKIN & CONNELLY LLP ^ Scott A. 'etterick, Esquire PAI.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 _, _ ~'"O'" " I' I' Ii I i i r I I' ii - -,-, ,-, " ,.-- -,- ""0 '0 VERIFICATION =-',,~ ',- ~"I" .~. .-0> _ .~. I, Scott A. Dietterick, Attorney 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 Plaintiff's Reply to Defendant's, Leigh R. Fogelsanger, New Matter, for Cenlar, authorized agent for Plaintiff, are true and correct to the best of my information, knowledge and belief. Scott . ietterick Attorney for Plaintiff ,,'" , " . -~.r k r I I I , f I \. P I I i, ~ I I i Ii ~~ _ __ .~r . "'- HILTON-DIMINICK ORTHODONTIC ASSOCIATES, P.C" Plaintiff v. TERRY L. TEWELL and BONNIE M. TEWELL, Defendants "-, ",-"~., ~"~.- - 0 _"~'"'_~"_ "'~d _~ ~._, 1 n [; E I r-': , , ~:; , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA \: r li ~ I t ~" ,) , k I{ ~,i Ii; ,. ~! [' t' ~ CIVIL ACTION - LAW NO, 00-4453 CIVIL TERM , ~; f' ~. PRAECIPE r1 i' ;;; [ rn f!; I, t'! t, "' , ~ TO THE PROTHONOTARY: Please satisfY the judgment entered in the above-captioned matter. Dated: April 9, 2001 Jan utler Toole, Esquire Attorney for Plaintiff LD, #80574 '~ p , ~ I g ! , , l ~ n , , , ~ Butler Law Firm 500 North Third Street P,O. Box 1004 Harrisburg,PA 17108-1004 (717) 236-1485 ~ w.~~_ ~. j-liiIQI ~ " ,~ j ..~"" "'.'~ '" ,",", iIIIiil' ~'~ . " -.' - " -~' (') 0 0 c: -n :;: ;coo ,,",, V()J -0 ?~~D mrn ~o ,., i-- 2:1) N ~r~ t:q zc Cf)Z en ~ .:.1 ~,.. ~C -::::ts.) ;I:>> " " ~O ~ ~~f5 ~O l-5 rn )>c: -" ~ W ~ N I , .,,--,.'-' .,-, ;,"-. ' . , t_,,"-,_ ';., ~, '.-"~ '",'.;-_~I-A.,-' ',-,~ -~' '.,,,,-~., -<'."'~ '''',,",'-- w - "' . '~P"~i ALLFIRST BANK, flk!a FIRST NATIONAL BANK OF MARYLAND, Successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION I i I I t I, I t I , l' t r !' ~~ ~' ~ rl ~ 1& I'i (~! ][ i~ I" !~; ,j l& !;i i!i i\. : ~~ ~j, tq w r tl! r: ~i ~ [~ i~ ~ ~ ~! ~ ~ i I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 00-4455 CIVIL Plaintiff, v. TYPE OF PLEADING: GERALD A. FOGELSANGER and LEIGH R. FOGELSANGER, PRAECIPE TO DISCONTINUE ACTION Defendant( s). CODE: FILED ON BEHALF OF: Allfirst Bank flk!a First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA ill #55650 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 "0 ? .,._._, -'-0, <' "-,,I ,I.., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK fi'k/a FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, vs. GERALD A. FOGELSANGER and LEIGH R. FOGELSANGER, Defendants. CNIL DNISION NO.: 00-4455 Civil PRAECIPE TO DISCONTINUE ACTION TO THE PROTHONOTARY: Please mark the above captioned matter settled and discontinued. Respectfully Submitted: JAMES, SMITH, D & CONNELLY LLP DATE: BY: S tt . ettenck, Esquire PAl. .#55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 . - '-,," '~-- " ~,';,< ,,; ._';:;'1 i' Ii f , ~ \ it . ~: I: [ f" l;\ fi I" I. ;-i: Ij [i' ~, I; ~~ ~,~ !,a [:1' ~" ,; >{ ![ i~ 11 I~j i~! ~ ![1 I;: m " ~ ~ ~;: I' xi I I' r r Ij,: I" ~ ij II II I' I' f 1 Ii I I i I I , ! j' , , , " <-: -~ , , ""jc" J:,_',.~,- " "I , 0 , ALLFIRST BANK f/k/a FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DMSION "I I ! r i f' ;! , I. i' :t " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA j'! NO.: 00-4455 Civil I' u I" i~ , Plaintiff, vs. ':f ,ft . " , GERALD A. FOGELSANGER and LEIGH R. FOGELSANGER, x ,., iT: Defendants. ,tJ; :(. ~', ~ CERTIFICATE OF SERVICE fi:: ~' ~; t, [ rit- The undersigned hereby certifies that a true and ~~t copy of the forel5ing Praecipe to Discontine Action was served on the following this '2 P'VV day of ~ ,2001, via First Class U. S. Mail, Postage Pre-paid: ~:: David P. Perkins, Esquire 126 East King Street Shippensburg, P A 17257 it' i' I' JAMES,S ~j- " f.' ~ I' ~ ;, BY S tt . Dietterick, Esquire PA I.D. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 _c~ " , ~." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, Ok/a FIRST NATIONAL BANK OF MARYLAND, Successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: 00-4455 CIVIL Plaintiff, v. TYPE OF PLEADING: GERALD A. FOGELSANGER and LEIGH R. FOGELSANGER, PRAECIPE TO DISCONTINUE ACTION Defendant(s). CODE: FILED ON BEHALF OF: Allfirst Bank f/kla First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA ID #55650 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ~~ - - ,- .1 ' """""';c.',', "" \]; 'f l- v. ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK fi'kJa FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CNIL DNISION NO.: 00-4455 Civil Plaintiff, vs. GERALD A. FOGELSANGER and LEIGH R. FOGELSANGER, Defendants. PRAECIPE TO DISCONTINUE ACTION TO THE PROTHONOTARY: Please mark the above captioned matter settled and discontinued. Respectfully Submitted: JAMES, SMITH, D & CONNELLY LLP DATE: BY: S tt . lettenck, Esquire P A 1. . #55650 Attorneys for Plaintiff. P,O. Box 650 Hershey, P A 17033 (717) 533-3280 ~" \; l t; , IN THE COURT OF COMNION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLF1RST BANK flkJa FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CWIL DWISION NO.: 00-4455 Civil -! Plaintiff, vs. GERALD A. FOGELSANGER and LEIGH R. FOGELSANGER, Defendants. ! CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and ~t copy ofthe forez:lng Praecipe to Discontine Action was served on the following this 2 ' day of -----,!sr , 2001, via First Class U. S. Mail, Postage Pre-paid: David P. Perkins, Esquire 126 East King Street Shippensburg, P A 17257 BY S tt . Dietterick, Esquire PALD.#55650 P.O, Box 650 Hershey, P A 17033 (717) 533-3280 ,:,}~~~li_~""'ilitll5-"') 'l - ,,,,,_M, ".,'i'""~~"",,,,,,,c;,.;,""",iotli>-","~c~~lllliIllIlUWI.~~~:sfillA!li'1ii! If'" iIiIi!iII1I__~__~l ~-- -liill - . (") co 0 C -n ..".. :'= ]:. -oQ'J -':1 -.,--, IT1 '" ~:1 ;2 Z:T' "" ;3~ ZC' ~~z. c:> ~CJ -,-".,,) -0 :1::=H ?tS =~ ~:~C) )>C ~-? om z c-J ::;! ~.) ~ -<