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HomeMy WebLinkAbout97-00658 , 'l"" ~ . . '" ... tl :J-" <:Q ~ t-- q; ~ c:j -h 10 j ~ - <t' '. cJ " ~ cr ~ .< Li: I ( \~ :- I ~ I -= IC) I I , I~ i'-sJ i~1 i t it- & ~ . ~:;HFIH 1,1" ~-o !iEnJl;rl ' J;[GULill. CAS~ NO: 199J-00G5H P CllMMONW~~ALTH LlF p~;lm~;YL V AN I A: CUIJNTY UF CUMB~IlLAlW FrANCIAI. TRUST COMPANY VS. tlY~RS II ICKY D n AI. KATHY J. CARf'~;R , Shc:>rlff or Oe>puty She>rlff of CUMDCla,AND County, Pennsylvan1a, who be1ng duly sworn according to law, says, the w1th1n CLlI1PI.AINT - MORT FOllF; upon BY~R:; TIWDY II defendant, at 141'1:00 HOURS, on the- l':lth day of February was sE'rved 1 YY( at 222 HILL ST. MT. 1I0Ll.Y SPIUNGS" PA 170C5 _' CUMDEHI,ANl> ("..nty, I'eonnsylvan'u, by hund,ng to) rllUl)Y tlY~;RS 1;IJMI'LA I NT - MIJRT FllHE u I, rueo und at t,eostc>d ';OPY of theo t,IJCjeothC?r WJ. th NLlT IC~; and at the same time dJ.rE'ct1ng Her attention to the contents thereof. Shc>r1ff's Costs: Docketing Servi.ce Affidavit Surcharge So an:3wersy ~~ R. 1 homas K11ne, SherJ.11 h.00 .00 .00 2.00 58.00 WILLIAM DUNCAN 02/21/199~ by )kt4~~J~ :';wlJrn and subscribed to before me tins J4-Q... d~y of 'J...-t,., "1 1':J '1/ A, [I. n C) ~~' - ~~ ~ro~onotaIY t r I , '" the " -' FINANCIAL TRUST COMPANY, PlaintilT : IN TilE COURT OF COMMON PLEAS : OF CUMBEI{LAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW RICKY D, BYERS and TRUDY R. BYERS, Defendants IN MORTGAGE FORECLOSURE CIVIL TERM 1997- 658 PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of the plaintiff, Financial Trust Company, and against the defendants, Ricky D, Byers and Trudy R, Byers, his wife, in the amount of $41,785,30, with interest at the rate of 7,85 % percent per annum from Fe\Jruary 10,1997 ($8,43 per diem) together with attorney's fees in the amount of 5 percent and the costs of suit, by reason of the failure of the defendants to enter an appearance or to file an answer within 20 days of the date of service of the complaint endorsed with a notice to defend, By: /(Il() 1l-1~{~ Attorney for Plamtilf Dated: G) ,,{ d >3, 11 , . (j .!) 0 C -J ." ""'CJ; ':"': ~I ,,, ;i "]1 n-" -~ 'J~ ~ . - .' \'0) " i..,'-" I .' :~ - ,;-. \ ~ iB , , . . .,' -- .:Srn ~.~~ ~ ;".'. ., - 11 ." ~ .-, ~ " <' c: -r-'.: rr,; . .;... a ->, -f _ 'f:n I\.) ',;n 10 ~~. 6 =.': -/-~j 5 ,:0 '. ....,01 ;:. :;-1 (l) 2.J -0 ....., :?: Jw -.: c); '. -r r-' . =-:.~ '. , ' ...."j. ).:c ~ f. ~ ~ t. f r 1'- r~ ~ , , \, . "l ... ~~ " ~ ~r "-l ~ IN 'I1IE mIm' OF CXJofoD'I PLEAS OF Clt1BERlNID COONI'V, PalNSYLVJ\NIA CIVIL DIVISION Financial Trust Company File No. Clvil 97-656 ArrrJunt Due 41.765.30 Interest from 2-10-97 litty's Comm 5 % Costs -BIl:[c.:nddllI:, pti.~! v. Ricky D. Byers and Trudy R. Byers TO THE PRO'IllOf'OI'ARY OF THE SII10 COURT. The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as arrended; and for real property pursuant to IIct 6 of 1974 as arrended, PRJlEX:lPE FOR EXEX:.UI'ION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) Ricky D. 6yers and Trudy R. 6yers /.J(( , ~/S"lO ({,Q/.)I/~ I ", [{"-;.....,, I PRJlEX:IPE FOR II'ITJ\OMENI' EXEX:1JI'ION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description: supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). x (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: (p ~ L.-; - qry Signature: / /I /Ji{J/.t/}1(1~ Print Name. 6?iliam A. Duncan. Esquire Address. t Irvine Row Cnrliqtpr Ph 17011 Attorney for: Financial Trust Company Telephone: 717-249-7760 Suprerre Court 10 No.. 22060 ~ , Notes. If real property, supply six copies of description including irrprovarents and an original and copy of affidavit of ownership (PaR.C. P. No. 3129). If lengthy personalty list, supply four copies of list. Tb index writ, file separate praecipe with writ. . ........ ~ %: ~ ",\0 . '. ~ ~ \J ~ ~ It, C' \.:v \ro ~' ~ ~ c", ~ ~ ~ ~ ~ ~ '\ ~ '~"' ~ ;\ ~~ . , . , : : ~ >-'"\ \'tJ ~ . ~. " i .~. ,~ ~~ ~~ ~ \", &/41) , , ., ';,.# ,}"td "<'(<1.} ',.::f'.'('"( ,-<oJ ~~"<Z~ II' ,~ . ,,1/ J / ~ 1 t'i'1LI1.t1 ,J('lI(~'1 A1o{ .7/1.. C'Iw(. " ;Y " , I _oj -, . THE BANK OF NEW YORK 101 BARCLAY STREET NEW YORK, NY 10286 " i I 5, Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: NONE 6, Name and address of every other person of whom the Attorney for Plaintilfhas knowledge who has any interest in the property which may be affected by the sale: NONE WILLIAM A, DUNCAN, Attorney for Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 222 Hill Street, Mt. Holly Springs, Cumberland County, Pennsylvania: I verilY that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief 1 understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities, Dated: ~ ' S ,qi By: iIliam A, Duncan 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 t ~ \ FINANCIAL TRUST COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LAW RICKY D. BYERS and TRUDY R. BYERS, Defendants : IN MORTGAGE FORECLOSURE : CIVIL TERM 1997 - &, 5l" NOTICE YOU HAVE BEEN SUED IN COURT, IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THE COMPLAINT AND NOTICE ARE SERVED, FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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. Court Administrator, Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 -, " I r I -, ---~ , , ) i I , PROMISSORY NOTE PrincIpal Loan Dale Maturity Loan No 45000,00 02-22-2007 References In the shaded arBa are for londer's use ani Borrower: Ricky D, Byers Trudy R, Byers 222 Hili Slr..1 MI, Holly SprIngs, PA 17085 Account InlUala Lender: Farmers Trull Compeny Meln Olllce One Wasl HIgh Slreal Cerlllla, PA 17013 Principal Amount: $45,000.00 Interest Rate: 7,850% Date of Note: March 24, 1994 PROMISE TO PAY, I promlle 10 pay 10 Fermers Trusl Company ('1.ander"), or order, In lawful money 0' Ihe United Sial.. 0' Amarica, Iha principal amounl 0' Forty Five Thouaend & 00/100 Dollars ($45,000,00), logelher with Inleresl ellhe rale 0' 7.150% per annum on Ihe unpaid princlpel balanca "om March 24, lee4, unlll paid In full, PAYMENT. I will pay Ihlsloan In 337 paymenls 0' $212,87 each paymanl, My nrsl paymenlls due April 7, lee4, and allaubaequanl paymenls are due on Ihe same day 0' each two Weeks aner Ihal. My nnal paymenl Will be due on FebrulllY 22, 2007, and will be 'or all principal and all accrued Inleresl nol yel paid, Paymenls Include principal and Inleresl. I wlII pay lender ellender's eddress shown ebove or al such olher place as lender may deslgnsle In wnllng, Unless olherwlse egrood or required by applicable law, paymenls will be applied firsllo sccrued unpaid Inlerest, lhen 10 pnnclpal, and eny remaining amounl to eny unpeld collection cosls and lele cherges, PREPAYMENT, I egroo lhelell loan f... and other prepaid finance charges ere earned fully as of Ihe dale ollheloan and will nol be sub,ect 10 relund upon eany paymenl (whelher volunlary or as a result of delault), excepl es olherwlse required by law, Excepl for lhe loregolng, I may pay wlthoul penslly ell or a ponlon of Ihe emounl owed eanler lhan It Is due, Eany paymenls will nOI, unless agreed to by lender In wnllng, relieve me 01 my obllgallon 10 conllnuelo meke paymenls under Ihe paymenl schedule, Rathar, lhey will reducelhe pnnclpal balance due and may result In me makIng lewer peymenls, DEFAIl. T. I will be In delaultll eny 01 lhe following heppens: (a) I fall 10 make any paymenl when due, (b) I break any promise I have made 10 lender, or I fall 10 perform promplly allhe lime and slrlclly In Ihe manner provided In Ihls Nole or any egreemenl relaled 10 IhIs Nole, or In any olher agreemenl or loan I have with lender, (c) Any represenlallon or slalemenl made or lurnlshed 10 lender by me or on my behalf Is lalse or misleading In eny malenal respecl. (d) I die or become Insolvent, e rllCOlver Is eppolnled lor any part 01 my properly, I make en assIgnmenl lor lhe benefil 01 creditors, or any proceeding Is commenced either by me or agalnsl me under any bankruplcy or Insolvency laws, (e) Any creditor IrIes 10 lUe eny 01 my property on or In which lender hes a lien or securily Inleresl. This Includes a garnishmenl 01 any of my accounls wllh lander, (I) Any 01 lhe avenls descnbed In Ihls default secllon occurs with respect 10 any guaranlor 01 this Nole, lENDER'S RIGHTS. Upon defaulI, lender may declare lhe enllra unpaid pnnclpal balance on Ihls Nole and all accrued unpaid Inlerest Immedlalaly due, withoul nOllca, and then I will pay thai amounl. lender may hlra or pay someone else to help collecllhls Nole If I do nol pay, I also will pay lender lhal amounl. This Includes, subjecllo any limits under eppllcable law, lender's a"orneys' f... end lender's lagal expenses whelher or nol Ihera Is a lawsuit, Including ellorneys' I... and legal expenses lor bankruplcy proceedings (Including efforts 10 modify or vacate any automallc slay or Injuncllon), eppeals, and eny anllclpaled posl-/udgmenl collecllon servlcas, If nol prohibited by applicable law, I also wIU pay any court cosls, In addillon 10 all olher sums provided by law, If judgmenlls enlered In connecllon wllh Ihls Nole, Inloresl will conllnua to ICCrU8 on IhIs Nota aner judgmenl al lhe exlsllng Inleresl rale providad lor In Ihls Nole, This Nole haa been delivered 10 lender and accapled by lender In lhe Commonweallh 0' Pennsylvenla. IIlhere Is a lawsuit, I agr.. upon lender'a requeallo aubmlt 10 Ihe lurilldlcllon 0' the couria 01 Cumberland County, Ihe Commonwealth 01 Pennsylvania, This Nole shall be governed by and construed In accordance wilh Ihe laws 01 lhe Commonwealth 0' Pennsylvanle. RIGHT OF SETOFF. I granl to lender a conlraclual possessory secunly Inlereslln, end hereby esslgn, convey, deliver, pledge, snd transfer 10 Lender all my righi, IIlIe and Inleresl In end 10, my accounls wllh lender (whelher checking, savings, or some olher accounl), Including wilhout lIm/lallon aU accounls held jolnlly with someone else end all eccounls I may open In lhe lulure, excluding however all IRA, Keogh, and trusllCCounls, I suthorlz8 lander, 10 Ihe extenl permilled by applicable law, 10 charga or seloff ell sums owing on Ihls Nole agalnslany end all such accounls, COllATERAl.. This Nolels secured by a Mortgage daled March 24, 1994,10 lender on real property localed In Cumbenand County, CommonwaaJlh of Pennsylvania, elllhe lerms and condillons 01 which are hereby Incorporaled end made a part 01 Ihls Nole, GENERAl. PROVISIONS. lender may dalay or lorgo enlorclng any 01 lis righls or remedies under this Nole wllhoulloslng lhem. I snd sny other person who signs, guarani... or endorses Ihls Nole, 10 Ihe extenl ellowed by law, welve presenlmenl, demand lor paymenl, protasl and nollce of dishonor, Upon eny change In Ihe lerms 01 Ihls Nole, and unless olherwlse expressly slaled In wrillng, no parly who signs Ihls Nole, whether as maker, guaranlor, accommodallon meker or endorser, shall ba relaased from Iiabilily, All SUCh parties agree lhatlender may renew or extend (rapealadly and lor any length of lime) this loan, or release any party or guaranlor or collateral; or Impair, laillo realize upon or perfect Lender'. securtty Inlareslln the collaleral; and lake any olher acllon deemed necessary by lender wilhoullhe consenl 01 or nollca 10 anyone, All SUCh parties also agree lhal Lender may mOdify Ihls loan wilhoullhe consenl 01 or notice to anyone olher lhan Ihe parly wilh whom lhe modlllcallon Is made, The obllgaUons under IhIs Nole are/oint and several, This means lhal the words '", "me", and 'my" mean each and all 01 lhe persons signing balow. PRIOR TO SIGNING THIS NOTE, I, AND EACH OF US, READ ANO UNDERSTOOD AU THE PROVISIONS OF THIS NOTE. I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE AND ACKNOWLEDGE RECEIPT OF A COMPlETED COPY OF THE NOTE. BORROWER: X k\)~i~ Ricky O. Syers (SEAL) cl~.'t,s~igA:iJdgm~ Fixed Ral.. Inlllllm,n!. lASER PAO. Rig. U.S. Pal. & T.M. Olf.. V.,., 3. '7 fc)'~ CFI PrOS~IC", Inc. Allrlghll'tlWVtId.IPA_DIO 8VeAIIlO.LN AZI.OYLI " ACT 91 NOTICE TAKE ACTION TO SA VE VOUR 1I0ME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Asslslancc I)rogram may be able 10 help you. Read the following notice 10 find out how Ihe program works, If you need more infonnalion call1he Pennsylvama 1I0uSlng Fmancc A~cncy all (800) 342,2397. La nOlilicalion en adjunto cs de suma imponancia. pues aceta su dcrccho a conlmuar vivumdo en su casu. Si no comprcndc cl conlcnido de c51a notification ohlcnga una lrnduccion immcdialamentc IInmanda csta agcncia (pcnnsylvunlullousing Finance Agency) sin cargos al Rumero mcncionado arriba, Puedcs ser elegible para un prcstamo por cI programa lIamado "lIomcowncrs' Emergency Mortgage Asslslancc Program" cl cllal pucdc salvar Sll casa de In pcrdida del derecho a rcdimir su hipoleca, ACT 1)1 NOTICE IMPORTANT: NOTICE 01' 1I0MEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM, PLEASE READ TillS NOTICE, YOU MA Y DE EI.JGIDLE FOR FINANCIAL ASSISTANCE WIIICH CAN SA VE YOUR 1I0ME FROM FORECLOSURE AND HEJ.P YOU MAKE FUTURE MORTGAGE PA YMENTS RE: Accounl No.: 10009104 Dalc:January 03, 1997 TO: Ricky D. Dyers- 22211111 Slreel Ml.llolly Springs, Po 1701,5 FROM: Fanners Trusl Company I Wesllligh Sncel Carlisle, PA, 17013 You may be eligible for nnanclalu.I.lancethal will prevent foreelo.ure on your mortgage If you campi)' wllh the provl.lon. of IheHomeowners' Em.rgency Mortgage AIII.lance Act of 1983 (Ihe "ACI"), Vou may be eligible for emergency temporary u.l.tancelfyour defaull hu been cau.ed by' clrcum"ance. beyond your conlrol, you have a rea.onable pro.pect of resuming )'our mortgage payments, and If you meel olher ellglblllly r.qulrem.nl. e.tabll.hed by Ihe Penn.ylvanla Hou.lng Finance Agency, Plea.e read all of Ihl. Nollce. II contain. an nplanallon of your righl., Under Ihe ACI, you arc cnlilled 10 a lempornry Slay offorcclosure on you mongage for Ihiny (30) days from Ihc dalc oflhis NOlice, Dunng Ihallime you must arrange and allend a "face-la-face" meeling wilh a reprcsenlalivc of Ihis lender. or wilh a designaled consumer credit counseling agency, The purpose of Ihis meeling is 10 allempllo work oul a repaymenl plan, or 10 olherwise scllle your delinquency, This mecling musl occur in Ihc neXllhiny (30) days, If you allend a face-Io.face meeling wilh Ihis lender. or wilh a consumer crcdil counseling agcncy idcnlified in Ihis nOlice, no funher proceeding in mongage forcelosure may lake place for Ihiny (30) days aner Ihe dale of Ihis meeling, The name, address Wld telephone number of our representative is: Jack V, HUlchison, 1415 Rilner Highway, Carlisle, PA 17013, Telcphone Number: (7t7) 241-7759 The name(s), addressees), and phonc numbers of (a) designaled consumcr credil counseling agency(ies) is (arc): YWCA,301 G, SneelCarllslc, PA, 17013 II is only necessary 10 schedulc one facc-Io-face mecling. You should advise Ihis lender immedialcly of your inlenlions, Your mongage is in defaull becausc you have failed 10 pay promplly inslallmenls of prinCIpal and inleresl, as required, for a period of alleasl sixly (60) days. The lotal amounl oflhe dcllnquency is 51063.35. Thai sum includes Ihe following: Diweekly Paymenls ofS 2t2,67 for OClober 1996, Novcmbcr 1996, and December 1996, and laic charges in Ihe amounl of, Your mongage is also in defaull for Ihc following rcasons: If you have Iried and arc unable 10 resolve Ihis problcm alar aner your face-Io-facc meeling, you have Ihe right 10 apply for financial assislance from Ihc Homeowners' Emergency Mongage Assislancc Fund, In order 10 do Ihis, you muSl fill out, sign and file a compleled Homeowners' Emcrgcncy AssiSlancc Application with one of the designated consumer credit counseling agencies listed in the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed applicalion 10 Ihc Pennsylvania Housing Financc Agcncy, Your applicalion musl be filed or poslmarkcd. within Ihiny (30) days of your facc-Io-facc meeting, 1/ is e:Clremely importam tlrat )'ou file your applicalioll promptl)'. /fyou clo 110/ do so, or if you do 1101 follow the olher time periods set [orfh in tltis te/ler. fOri'closure may proceed agai"st )'011 home immediately. A vailable funds for cmergency mongagc assislance arc very limlled, They will be disburscd by Ihe Agcncy under Ihc eligibilily crileria cSlablished by Ihc Ac\. 1\ is exnemely imponanllhal your applicalion be accurnle and complcle in cvcry respec\. Thc Pennsylvania Housing Finance Agency has sixly (60) days 10 make a decision after it receives your application. During thai additional time, no foreclosure proceedings will be pursued against you if you have met the lime rcquiremcnlS sel fonh above, You will be nolified dirccl1y by Ihal Agency of ils dccision on your applicalion, The Pennsylvania Housing Financc Agency is located al2101 Nonh Fronl Slreel, POSI Office Dox 8029, Harrisburg, Pennsylvania 17105, Telephone No, (717) 780-3800 or 1-800-342-2397 (loll free number), Pcrsons wilh impaired hearing can call 1-800-342-2397, tn addilion you may receivc anolhcr nOlice from Ihis lendcr under Acl 6 of 1974, Thai nolice is called Ihe "Nolice of InleOlion 10 Foreclosure", Vou must read both notices. since they both explain rights that you now have under Pennsylvania law. However, if you choose 10 exercise your righls described in this nOlice, ~f)U cannol be foreclosed upon while you are receiving thill assistance. Very lruly yours, C\,..,.\,,\'\W~-~ J~fiUlchison.ColI~lion Officer copy ACT91 NOTICE TAKE ACTION TO SA VE VOUR IIOME FROM FORECLOSURE The Commonwealth of Pennsylvania's lIomeowncr's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find oul how lhe program works, If you need more information call1he Pennsylvania Housong Finance Agency at I (gOO) 342-2397, La notification en ndjunlo cs de suma importancia. put'S aceta su dcrccho a continuar vivicndo en su casa. Si no comprcndc cl contcnido de cslo notificacion oblcng3 una traduction immedituumcnte lIamanda csta agcncia (Pennsylvania lIousing Finance Agency) sin cargos a1 numcro mcncionado arriba. Puedcs seT c1egible pam un prcstamo par el programa lIamado "lIomcowncrs' Emergency Mortgage AsslSlancc Program" cl cual puedc salvor su casa de 10 perdida del derecho a redimir su hipoleca, ACT 91 NOTICE IMPORTANT: NOTICE OF 1I0MEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM, PLEASE READ TillS NOTICE, YOU MA Y tiE ElIGItlLE FOR FINANCIAL ASSISTANCE WIIlCII CAN SA VE YOUR HOME FROM FORECLOSURE AND IlELP YOU MAKE FUTURE MORTGAGE PA YMENTS RE: Accounl No,: 10009104 Date:January 03,1997 TO: Trudy R, tlyers- 222 11ill Street MI. Ilolly Springs, Po 17065 FROM: Farmers Trusl Company I West High Slrccl Carlisle, PA, 17013 Vou may be eligible for nnanclalas.l.tancelhal will prevenl foreclosure on your mortgage If you comply wllh Ihe provl,'ons oflhellomeowne,,' Emergency Mortgage Asslslance Act of 1983 (Ihe "Ael"), Vou may be eligIble for emergency lemporary asslllancelfyour defaull has been caused by' drcumslances beyond your eonlrol, you have a rea.onable prospecl of resuming your mortgage paymenls, and If you meel olher ellglblllly requlremenls eSlabll.hed by Ihe Pennsylvania 1I0u.lng Finance Agency. Plea.e read all oflhls NoUee. II con lain. an explanaUon of your rlghl.. Under Ihe Act, you are entitled to a temporary stay of foreclosure on you mortgage for Ihirty (30) days from the date of this Notice, During Ihatlime you must arrange and allend a "face-to-face" meeting wilh a represenlative of this lender, or with a designated consumer credil counseling agency, The purpose of this meeling is 10 attemplto work OUI a repaymenl plan, or to olherwise settle your delinquency, This meeling must occur in Ihe nexlthi!1y (30) days, If you attend a face-to-face meeting with this lender, or wilh a consumer credit counseling agency idenlified in Ihis notice. no further proceeding in mortgage foreclosure may lake place for thirty (30) days after the dale of this meeting, The name. address and telephone number of our representative is: Jack V, Hutchison, 1415 Rimer Highway, Carlisle, PA 17013, Telephone Number: (717) 241-7759 The name(s), address(es), and phone numbers of (a) designaled consumer credil counseling agency(ies) is (are): YWCA, 301 G, Street Carlisle, PA, 17013 II is only necessary to schedule one face-la-face meeting, You should advise this lender immedialely of your inlenlions, Your mortgage is in default because you have failed 10 pay promplly install men IS of principal and interest, as required, for a period of alleast sixly (60) days, The lotal amount of Ihe delinquency is 51063.35. That sum includes the following: tliweekly PaymenlS of 5212,67 for Oclober 1996, November 1996. and December 1996, and late charges in Ihe amount of, Your mortgage is also in default for the following reasons: If you have tried and are unable 10 resolve this problem al or after your face-to. face meeling, you have the righllo apply for financial assislanee from Ihe Homeowners' Emergency Mortgage Assistance Fund, In order to do this, you mull fill out. sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credil counseling agencies lilled in Ihe allachmenr. An applicalion for assistance may only be obtained from a consumer credil counseling agency, The consumer credil counseling agency will assist you in filling oul your application and will submil your completed applicalion 10 Ihe Pennsylvania Housing Finance Agency, Your applicalion must be filed or postmarked. within thirty (30) days of your face-to-face meeling. ll;s extremely important ,hal )'oufile )'ollr application promptly. I/)'ou do 1101 do so, or if you do notfallow the other time periods set forth in this leller, foreclosure may proceed againsl )'OU home immediatc/JI, Available funds for emergency mortgage assistance are very Iimiled, They will be disbursed by the Agency und" the eligibility crileria established by the Acr. It is extremely importanllhal your application be aceumle and complete in every respect, The Pennsylvania Housing Finance Agency has sixty (60) days 10 make a decision after it receives your application, During thai addilional time, no foreclosure proceedings will be pursued againll you if you have met the time requirements set forth above, You will be nOlified directly by Ihal Agency of its decision on your applicalion, The Pennsylvania Housing Finance Agency is located al2101 North Front Street. Pall Office Box 8029, Harrisburg, Pennsylvania 17105, Tetephone No, (717) 780-3800 or 1-800-342-2397ttoll free number), Persons with impaired hearing can call1-gOO-342-2397, In addilion you may receive another nolice from Ihis lender under Act6 of t974, That nolice is called the "Nolice ofIntenlion to Foreclosure", You mull read both notices, since they both explain rights Ihat you now have under Pennsylvania law, However. if you choose to exercise your righls described in Ihis nOlice, you cannot be foreclosed upon while you are receiving that assistance. Very truly yours. C\ ~,;X~ ~~ ~ ~Hutchison-collection Officer tlY~f NOTICE OF INTENTION TO FORECLOSE MORTGAGE TO: Ricky D, Byers 222 IIiII Strcel MI. Holly Springs, Pa 17065 January 03, 1997 Loan No, 100091 04 The MORTGAGE held by Ricky D, Byers (hereinafter we, us or ours) on your property localed at 222 llill Street MI Holly Springs Pa 17065 is in SERIOUS DEFAULT because )'au ha.'e not made the Biweekly payments af$212,67 for the months of October 1996. No.'ember 1996, anti December 1996, Late charges and olher charges have also accrued to Ihis date in the amount of SO, The 10lal amount now required to cure Ihis default, or in other words, get caughl up in your payments, as of the date of this letter, is 51,063.35. You may cure this default within THIRTY (30) DAYS of the date of this lel/er, b)' pa)'ing to lIS the ab(we amount of$1063,35, plus any additional monthl)' paymenr, and late charge which mayfall due during this period, Such payment must be made either by cash, cashier's check, certified check or money order, and made al Financial Trust Co, I West Higb Street Carlisle, Pa, 17013, If you do not cure tbe default within THIRTY (30) DA YS, we intend to exercise ollr right to accelerate the mortgage pa)'menrs, This means that whalever is owing on the original amount borrowed will be considered due immedialely and you may lose the chance to pay off the original mortgage in monthly installments, If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our al/omeys to start a lawsuit to foreclose )'our mortgaged property, If the mortgage is foreclosed )'our mortgaged property will be sold by theSherijJto pay off the mortgage debt, Ifwe refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to 550,00, However, if legal proceedings are slJlrted against you, you will have to pay tbe reasonable attorney's fees even if they are over 550,00, Any attorney's fees will be added to wbatever you owe us, wbicb may also include our reasonable costs, If)'ou cure the defallltwithin the thirty day period, )'ou willI/at be required to pay al/omey'sfees, We may also sue you personally for tbe unpaid principal balance and all other sums due under the mortgage, If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you sti/l ha.'e the right to cure the default and prevenr the sale at any time up to one hOllr before the SheriJJ's foreclosure sale, You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable aI/arney's fees and costs connected with the foreclosure sale and perfonn any other requiremenrs under the mortgage, It is estimated that the earliest date that sucb a Sheriffs sale could be held woul~ be approximately June 1997 A notice of the date of the Sheriff sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wail. You may fmd out at any time exactly wbat the required payment will be by calling us attbe following number: (717) 24t-7759, This payment must be in casb, cashier's check, certified check or money order and made payable to us at the address slJlted above, You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right 10 remain in it If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you, You have additional rights 10 help protect your interest in the property, YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTl1UTION TO PA Y OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US TO DETERMINE UNDER WHAT CtRCUMST ANCES THtS RIGHT MIGHT EXIST, YOU HA VE THE RIGHT TO HAVE mls DEFAULT CURED BY ANY THIRD PARTY ACI1NG ON YOUR BEHALF, YOU HAVE THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDINGS THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION OR FORECLOSURE, If)'ou cure the default, (he mortgage will be restored 10 Ihe same posilion as ifno default had occurred. However, you are not entitled to this right 10 cure your default more than three times in any calendar year. <Co)rP,( Ja~~~_~~"'-~ NOTtCE OF INTENTION TO FORECLOSE MORTGAGE TO: Trudy R,Byers 222 Hill Slreel MI. Holly Springs, Po 17065 January 03, 1997 Loan No,l 0009104 The MORTGAGE held by Ricky D, Byers (hereinafter we, us or ours) on your property located 01 222 Hill Street Mt Holly Springs Po 17065 is in SERIOUS DEFAULT becllllS~ YOII bal'~ 1101 mad~ Ib~ Biw~~kly paym~lI/s of5212,67 for Ib~ monlbs of Oclob~r 1996, Nov~mb~r 1996, IInd Drc~mb~r 1996, Late charges and other charges have also accrued to this date in the amount of SO, TIle total amounl now required 10 cure this defaull, or in olher words, gel caughl up in your payments, as of the dale of this letter, is St,063.JS, YOII may cllr~ IlJis d~fall/l witlJin THIRTY (30) DAYS oflbe dateoflhis lel/er, by paying 10 liS Ihe IIhol'e amOll1l/ of$1063,35, pillS any addilional mOll/hly paym~nls IInd lal~ charg~ whicb mllY fall dll~ dllring this p~riod, Such paymenl must be made either by cash, cashier's check, certified check or money order, and made at Financial Trust Co, I West High Street Carlisle, Pa, 17013, If you do nol cure the default within THIRTY (30) DA YS, we ill/~nd 10 ex~rcis~ ollr righllo acce/~rat~ Ih~ mortgage paymenls, This means Ihat whatever is owing on the original amounl borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installmenlS, If full payment of the amount of default is not made within THIRTY (30) DAYS, we also inlend 10 inslrocl ollral/orneys 10 slarl a lawsllillo foreclos~ YOllr morlgaged property, Iflhe morlgage is foreclosed YOllr morlgag~d property will be sold by Ih~ SherifJlo pay ofllbe mortgag~ debl, Ifwe refer your case to our attorneys, but you cure the default before they begin legal proceedings againsl you, you will still have to pay the reasonable attorney's fees, aetually incurred, up to S50,OO, However, if legal proceedings are started against you, you will have to pay Ihe reasonable attorney's fees even if they are over S50,OO, Any attorney's fees will be added to whatever you owe us, which may also include our reasonable COSIS, If you cure Ihe d~faull within Ihe Ihirty day period. you will nol be required 10 pay al/orney's fees, We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, If you have not cured the default within the thirty day period and foreclosure proceedings have begun,you slill hal'e Ihe righllo cure Ihe defaull and prel'ell/lhe sale 01 any lime up 10 one hour before Ihe Sheriff's foreclosure sale, You may do so by paying Ihe /0101 amoull/ of the unpaid mOll/hly payments pillS any laIc or olher charges Ihen due, as well as Ihe reasonable al/orney's fees and cosls connecled wilh Ibe foreclosure sale and perform any other requiremell/s under Ibe mortgage, It is estimated that the earliest dale that such a Sherill's sale could be held would be approximately June 1997 A notice of the date of the Sheriffsale will be senl to you before the sale, Of course, the amount needed to cure the default will increase the longer you wail. You may Cmd out at any time exactly what the required paymenl will be by calling us at the following number: (717) 241-7759, This payment musl be in cash, cashier's check, certified check or money order and made payable to us at the address stated above, You should realize that a Sherill's sale will end your ownership of the mortgaged property and your right to remain in iI, If you continue to live in Ihe property after the Sherill's sale, a lawsuit could be started to evict YOll, You have additional righlS to help protect your interest in the property, YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTInmON TO PA Y OFF THIS DEBT, YOU MA Y HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECf TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WtLL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PA YMENTS, CHARGES AND A TIORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTIlER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONT ACf US TO DETERMINE UNDER WHAT CIRCUMSTANCES THts RIGHT MtGHT EXIST, YOU HA VE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THtRD PARTY ACflNG ON YOUR BEHALF, YOU HAVE THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDINGS THE NON. EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION OR FORECLOSURE, If you cure Ihe (Iefaull, Ihe morlgage will be reslored 10 Ihe same posilion as ifno defaull had occurred, However, you are not entitled 10 Ihis righllo cure your default more than three times in any calendar year, THE BANK OF NEW YORK 101 BARCLAY STREET NEW YORK, NY 10286 S. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: NONE 6. Name and address of every other person of whom the Attorney for Plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE WILLIAM A. DUNCAN, Attorney for Plaintiff in the above action, sets forth as of the date ofthe Praecipe for the Writ of Execution was filed the following information concerning the real property located at 222 Hill Street, Mt. Holly Springs, Cumberland County, Pennsylvania: I verifY that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Co. S ~1 ~ By: William A. Duncan 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 t . ; , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 97-658 CIVIL $ Tenn CIVIL ACTION. LAW t , . i TO THE SHERIFF OF Cunberlund COUNTY: To salisfy Ihe debf, Inlerest and cosls due Finimciul Trust Canpany PLAINTlFF(S) trom Ricky D. Byers and Trudy R. Byers DEFENDANT(S) (1) You are directed to levy upon the property olthe defendanl(s) and 10 sell see legal description (2) You are also dlrecled 10 allach the property of the defendant(s) not levied upon In Ihe possession of GARNISHEE(S) as follows: and 10 notify the garnlshee(s) that: (a) an allachment has been Issued; (b) the garnlshee(s) ISlare enjoined from paying any debt to or for the account ot the delendanl(s) and from delivering any property of the detendanl(S) or olherwlse disposing thereof; (3) If property of the delendant(s) not levied upon an subjecllo allachment Is found inthe possession of anyone other than a named garnishee. you are direcled 10 notify hlm/herthal he/she has been added as agarnlshee and Is enjoined as above slated. Amounl Due Interest Ally's Comm Ally Paid Plaintiff Paid $41,785.30 fmn 2-10-97 5% % $104.34 L.L. Due Prolhy Olher Cosls $.50 $1. 00 Dale: June 5. 1997 Lawrence E. Welker. Prothonotary Prothonotary, Civil Division by: /Jf~~ r0k . ~~ Deputy REQUESTING PARTY: Name Address: W;11;~m AA ~Inr~n. F~Q. ] Tl'"\,in~ nnw ~~rl;~]e. Ph 17n11 AIIorney lor: Financial Trust Company Telephone: 717-249-7780 Supreme Court 10 No. 22080 -,. \ RE/~L r:. '. ~. . '.1. ; .J. (, .. "',' i@U . I., .. 0:"'~' '" -.....-- r'lJ{l'" ~ un i[":: :,::::. :~:: '\.::: '~I. ;>,::'j . . .: { . ~ ...... '" .......,...~ ;j"l ~t,.,::'t r....~ I \ \'............ ..,'" ."",1 prC~~~!1'/ :l::'.;~Ic.:.1 iil _I ).7..fZl.!;..!.:L.~ ( ~-4>h \,: "j '1~' !.......;. ~'! ...~ ~.. ,,,, ,,', I. ." '. ("\'-"'-'y """1 ". ""....:. I t" ~ . I }:q~'::l: .....l .,.,:..........' ..... .,...,~ J / /( ~I .";.i f,\.,:Jt.J....lr,.J ,,<;. J.!~";_~~;.-._ ..,,:r ----..--...-- :: ~-:~! I,::',: ::IC.i,' ,..~;j ;.:.....,~.; C:1 i' .: .:~: ;~ "f.tl :, "~''J I'.!. ~~; ,;.. '.:~;H '~:Hj I.., i. j U~i-:; ri" .,' . . ,. .............. ;;~ ~.~:.:~(:.~{.:~'.:J >~'~'.::1:1. (. ''''''- c- 7' . ? 7 i , J . I I ....'. 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