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HomeMy WebLinkAbout97-01331 Defendants' real property located at 427 Fairview Avenue, in the Borough of West Fairview, Cumberland County, Pennsylvania ("Premises"), pursuant to a certain mortgage ("Mortgage ") dated June 30, 1994, A true and correct copy of Mortgage is attached hereto, made a part hereof, and marked Exhibit "B", 6. The Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on July I, 1994, in Mortgage Book 1221, Page 594, Cumberland County Records. 7. The Defendant Michael M, Reber is the fee and real owner of the Premises, having been granted and conveyed unto said Defendant, subject to the Mortgage, pursuant to a certain Deed dated December 18, 1996, and recorded in Deed Book Volume 150, Page 886, Cumberland County Records, from Michael M. Reber and Dcnita L. Reber. 8. The Note and Mortgage are in default in that Defendants have failed, refused, and continue to fail and refuse to pay the monthly installment which became due and owing on July 1, 1996, and all subsequent installments. 9. On September 3, 1996, as a result of the aforesaid defaults, the Plaintiff mailed to the Defendants notices of intention to foreclosure mortgage ("Act 6 Notice"), in compliance with the provisions of Section 403 of Act 6, 41 P.S. 403, as amended and supplemented, True and correct copies of the Act 6 Notices are attached hereto, made a part hereof, and marked Exhibit "C". 10. On September 3,1996, the Plaintiff mailed to the Defendants notices of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notice"), in compliance with said Act, as amended and supplemented. True and correct copies of the Act 91 Notices are attached hereto, made a part hereof, and collectively marked Exhibit "D", l0006S;~II.Z7S97.1 2 11. Defendant Denita L. Reber has failed to comply with the Act 6 Notice in bringing the account to a current status, and has failed and refused to seek a face to face meeting with the Plaintiff, or an approved credit counseling agency, or otherwise comply with the Act 91 Notice. 12. Defendant Michael M. Reber has failed to comply with the Act 6 Notice in bringing the account to a current status, but did make application to the Pennsylvania Housing Finance Agency for emergency mortgage assistance. 13. On February 21, 1997, as a result of Defendant Michael M. Reber failing to comply with the procedural requirements of the Pennsylvania Housing Finance Agency, the Pennsylvania Housing Finance Agency rescinded its emergency mortgage assistance, as set forth in the PHF A Rejection Notice, a true and correct copy of which is attached hereto, made a part hereof, and marked Exhibit "En. 14. An itemization of the accelerated amounts due and owing by the Defendants to the Plaintiff under the Mortgage and Note as of March 11, 1997, is as follows: Principal balance $ 52,436.01 Accrued interest to and including 3/11/97 $ 3,566.81 Late charges $ 208.91 Satisfaction Fees $ 13.50 Reasonable Attorneys' Fees $ 2.000.00 TOTAL $ 58,225.23 15. The Premises is specifically described in the description attached to the Mortgage as part of Exhibit "B". WHEREFORE, the Plaintiff prays your Honorable Court to grant judgment in favor of the Plaintiff and against the Defendants, Michael M. Reber and Denita L. Reber, jointly and severally, in 3 10006510048.27591.1 LOAN NO, 5047792 JUNE 30 , 19 94 NOm This is t " ify~h! lhili I~. ., .~lI-=: dfl..i I~l"'lr~.::, . ~(")fJf ,.~.( .. UL_. .:1:;'1" . ~. . .... '-j . ..,,,, >"1" '-'lt1^ '. ,.' I:~" - ~. .: I '.. .'. .,.}'l:l'''' NEW HOLLAND ICltyI 427 PAIRVIBW AVE ENOLA, PA 17025 1_"-1 1. BORROWER'S PROMISE TO PAY In return for alcan that I have received, I promise 10 pay U.S. $ 'principal'), plus in"'reat, 10 the order of the Lender. The Lender is BLUE BALL NATIONAL BANK, 53,200,00 (this amount i. called I undentand that the Lender may tnnsfer thi. No"'. The Lender or anyone who tak.. this Note hy transfer and who is entilled to receive payments under this Note is called the 'No'" Holder', 2, INTEREST Intereat will be charged on unpaid principal until the full amount of principal hu bccn paid. I will pay intereat at a yearly rate of 8,750 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Seclion 6(B) of this Note. 3, PAYMENTS (A) Time and PIl= of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 1ST day of each month beginning on AUGUST 1 1994 . I will make these payments every month until I have paid all of the principal and interest and any other charg.. described below that I may owe under this Note, My monthly payments will be applied to interest before principal. If, on JULY 1 ,2024 , I still owe amounts under this Note, I will pay those amounts in full on that dale, which is called the 'maturity date'. I will make my monthly payments at BLUE BALL NATIONAL BANK, P,O, BOX 580, BLUE BALL, PA 17506 or al a differeDt place if required by the Note Holder. (8) Amount of Monthly Payments My moothly payment will be in the amount of U.S. $ 418,53 4, BORROWER'S RIGHT TO PREPAY I have the right 10 make paymeots of principal at any time before they arc due. A paymenl of principal only is known as a 'prepayment'. When I make a prepaymeot, 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 charg.. The Note Holder will use all of my prepayments 10 reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no chang.. in tho due date or in the amount of my moothly payment unless the Note Holder agrees in writing to those chang... 5, LOAN CHARGES If a law, which appli..to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or 10 be collected in coooection 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 m. which exceeded permilted limits will be refunded 10 me. The Note Holder may choose to make this refund by reducing tho principal I owe under this Note or by making a direct payment 10 me. If a refund reduces principal, the reduction will be treated as a parlial prepayment. 6, BORROWER'S FAll.URE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Not. Holder has not received the full amount of any monthly payment by the end of lS calendar days after tho date it is du., I will pay a la'" charge to the Note Holder. The amount of the charg. will be 5 % of my overdue payment of principal and interest. I will pay this lat. charge promptly but only ooce on each lat. payment. (8) Default If I do not pay the full amount of each monthly payment on the date il is due, I will be in derault. (C) Notice or Default Ir I am in derault. tho Note Holder may send me a wriUen notice telling me that if! do not pay th. overdue amount by a certain date, the Not. Holder may require m. to pay immediately tho full amounl of principal which has nol been paid and all the interest thaI I owc on that amount. ThaI date must be at least 30 days after the dale 00 which the notice is delivered or mailed to me. MUlTlSTATE AXED RATE NOTE. Singlo Fomily . FNMAlFHLMC UNIFORM INSTRUMENT if,fN~' () lMer Fo,,", Inc. lBOO) <<15-3555 PlIO- 1 of 2 Initial.:' ~<::!JJ . t\ . Form 3200 12/83 UFT '3200 9/91 EX, A (0) No W.her By Note Holder Ilvco if, .i a time wben I am in default, the Nole Holder dace not require me to pay immediately in full u described above, the Nole Holder will .till have the right to do 10 if I am in default at a later timo. (E) Payment of Note Hol~s Costs and Expenses If the Nolo Holder bu required me to pay Immediatoly in full u described above, the Nolo Holder will have the right to bo paid bacIc by me for all Ita co.ta and expcolCl in enforcing this Nolo to the exlent not prohibited by applicable law. Those experues include, for example, IUIOnable attorney.' foea. 7, GIVING OF NOTICES UoJeu applicable law requir=l a different method, any notice that mu.st bo given to me under thi. Note will bo givco by delivering it or by mailing it by fint clau mail to me at the Property Addreu above or at a different oddreu if I give the Nolo Holder a notice of my different addreu. Any notice that mu.st bo given to the Note Holder under thi. Note will bo given by mailing it by first clau mail to the Note Holder at the addreu .lated in Section 3(A) above or at a different addreu if I am given a notice of that different addreu. 8, OBLIGATIONS OF PERSONS UNDER nus NOTE If more than one penon .ign.s thia Nolo, eacb penon i. 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 wbo is a guarantor, surety or endorser of thi. Note is also obligated to do thOlO thing.. Any person wbo talcea over theao obligations, including the obligations of a guarantor, surety or codorscr of this Nolo, i. a110 obligated to keep all of the promises made in this Note. The Nolo Holder may enfolCO il! righl! under thi. Nato against each person individually or against all of u.s together. This means that anyone of u.s may bo required to pay all of the amounta owed under this Nolo. 9, WAIVERS I and any other penon lObo bu obligations under this Note waive the rights of presentment and notice of dimonor. 'Presentment' means the right to require the Nolo Holder to demand paymcot of amounl! due, 'Notice of disbonor' means the right to require the Nolo Holder to give notice to other persons thatamounl! due bave not been paid. 10, UNIFORM SECURED NOTE This Nolo 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 ..this Note, protects the Note Holder from possible losses whicb might =It if I do not keep the promises whicb I malee in this Note. That Security Instrument describes bow and under wbat conditions I may bo required to malee immediate payment in full of all amounts I owe under this Note. Some of tho.. conditions are described u follows: Transfer of the Property or a Beneficlallnterest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a boneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Leader's prior writlen consent, Lender may, at il! option, require immediate payment in full of all sums secured by this Security Instrument. However, this option sball not bo exercised by Lender if exercise is prohibited by federal law u of the dale of this Security Instrument. If Leader exercises this option, Leader sball give Borrower notice of acceleration. The notice sball provide a period of not I... than 30 days from the dale the notice is delivered or mailed within whicb Borrower mu.st pay all sums secured by this Security Instrumcot. If Borrower fails to pay these sums prior to the expiration of this period, Leader may invoke any remediea permitted by this Security Instrument willlout further notice or demand on Borrower. WITNESS lHE HANJ~} AND SEAL(S) OF lHE UNDERSIGNED. HI~'1.(!1BE~ ::~ D~~~:~~~ e.&f\. (Seal) ........." Social Security Numbor /C.c, -51;; -71;,(, Z Social Security Number I ~ Lj - 5]. - L/ 0J 1 (p (Seal) (Seal) .Borroww .8onower Social Security Number Social Security Number [Sign Original Only] MULTISTATE FIXED RATE NOTE. Single Femily . FNMAlFHLMC UNIFORM INSTRUMENT ^' ~l () lAMr FotrM Inc. 18001 44a..3555 Pea- 2 of 2 Initial.: ~ Fann 3200 12/83 un '3200 9/91 nus SECURITY INSTRUMENT Cl " nlformcovenant.! for n.tional Ute and no by Jurladlctlon to cODltlMe. uniform acculhy lD.tmment covering real property, UNIFORM COVENANTS, Borrower and Lender covenani and .g~ u follows: 1, Payment of PrIncipal and Interestj Prepayment and Late Charaes, Borrower sball promptly p.y wbea due the principal of and Intcroat on the debt evidenced by the Note and any prep.ymeat and I.te chugea due under the Note. 2, Funds for Taxes and Insurance. Subject to .ppllcablel.w or to. wrluen waiver by Lender, Borrower sball p.y to Lender on the day monthly p.ymenta arc due under the Note, until the Noto I. paid In full, . .um ('Funda') for: (.) yearly taxea and uaeaamcnll wblcb may .ttaln priority over thl. Security !DJtmment u . Ilea on the Property; (b) yearly leuobold p.ymenll or ground renll on tho Property, If any: (c) yearly hazard or property lnaurance premiuma; (d) yearly flood lnaurance premiuma, If any: (e) yearly mortg.ge lnaurance premiulDI, if any: and (I) eny .uma p.y.ble by Borrower to Londer, In accordance with the provl.loDl of plfllgrapb 8, In Ileu of the p.yment of mortg.gelnaurance premiuma. Theao lloma Inl called 'Eicrow ltema', Lender may, .t any time, collect and bold Fund. In an amount not to exceed the maximum amount . leader for. federally rel.ted mortg.ge loan may require for Borrower'. eacrow account under the federal Rcal Eatate Seulemeat Procodurea Act of 1914 u amended from time 10 time, 12 U.S.C, t 2601 et coq. ('RBSPA'), unlea. another I.w thal.ppliea to the Funda ceta .I....r amount, IflO, Lender may, .1 any timo, collect and bold Funda In an amount not to exceed the lcacer amount, Lender may ..tlmate the amount of Funda due on the buls of current data and rouon.ble callmalea of expendltun:a of future Eicrow lloma or otherwllO In accordance with .ppllcable I.w, Tho Funda aball be held In an lnatltutlon wbolO deposllllnl InNred by . federal .gency, lnatromentallty, or eatlty (including Lender, if Lender I. .uch an lnatltutlon) or In any Federal Home Loan Bank. Londer shall.pply the Funda to p.y theEicrow lloma. Lender may not cbarge Borrower for boldlng and .pplylng the Funda, annually analyzing the eacrow accounl, or verlfYlns theEicrow lloma, unlca. Lender p.ys Borrower Inten:al on the Fund. and .pplicable I.w permill Lender to make cucb . charse. However, Lender may require Borrower to p.y . one-lime cbarge for an Independent real catato tax reportlns IOrvlce ucod by Lender In connection with thl. loan, unleu .ppllcablel.w provldca otherwl.e. Unlca. an .grcemeat Is made or .ppllcablel.w requln:a Inlon:at to be paid, Lender .ball not be required to p.y Borrower any Interest or earning. on the Funda. Borrower and Lender may .groo In writing, bowever, th.llnlon:at.ball be paid on the Fundi, Lender shall give to Borrower, without charse, an annual accounllng of the Funda, sbowlng credita and debita to the Funda and the purpo.e for wblch each debllto the Fundi wu made. The Funda arc pledged u additional accurlty for all Nma accured by thl. Security Instmmeat. If the Funda held by Lender exceed the amounta permitted to be held b~. if · ,,_. .. the exceu Funda In accordance with the requiremenll of .pplicable l.w. If h Lender.t any time i. nol Nfliclentto p.y the Eicrow ltema whea due, Lender may '0 notifY Bo r In win, and, in Borrower aba11 p.y to Lender the amount nccesaary to make up the deficiency, Borrower shall e up the ciency In than twelve monthly p.ymenll, .1 Lender'. IOle dlccretion, . . -~. Upon p.ymealln full of all Nma secured by thls Security Inslmmeat, Lender .!.1l p mpl refund to Borrower any Funda held by Lender, If, under plfllgraph 21, Lenderchall.cquire or .ell the ProperIJB!tlfI or cale of the Property, .hall .pply any Fundi held by Lendef .1 the time of acqulsillon or cale ~c __ ured by this Security Instmmeat. 3, Application of Payment.!, Unleas .pplicable I.w provid.. otheMilO, all p. meall received by Lender under plfllgnphs I and 2 shall be .pplied: firal, 10 any prep.ymeat chargca due under the Note: IOCOnd, to amounta p.y.ble under plfllgraph 2: thlrd, to Inlon:al due; fourth, to principal due: and luI, to any 1.10 chargea due under the Nolo. 4, Charaes; Liens, Borrower .hall p.y all taxea, u.easmenll, chargea, linea and impo.itloDl .urlbutable to the Property wblch may .ttaln priority over thi. Security !DJtromenl, and leasehold paymeall or ground renll, if any, Borrower .hall pay theao obligatioDl In the manner provided In plfllgraph 2, or if not paid In thaI manner, Borrower .hall pay them on lime directly to the person owed payment. Borrower shall promptly furnish to Lender all noticea of amounll 10 be paid under this plfllgraph. If Borrower makea theae psymeall direclly, Borrower shall promplly furnish to Lender roceipll evideaclng the paymenll. Borrower shall promplly dilCharge any lien which haa priority over this Security !DJtmmenl unleu Borrower: (a) agrcea In wrillng to the paymenl of the oblig&lion accured by the lien in a manner acceptable 10 Lender: (b) conle811 In good faith the liea by, or defend. agalnsl enforcemenl of the lien In, legal proceeding. which In the Lender'. opinion operate to preveal the eaforcement of the lien: or (c) aecurea from the holder of the lien an agreement sati.factory 10 Lender cubordinating the lien to thi. Security Inslromenl. If Lender determlnea that any pari of the Property is subject 10 a lien which may attain priority over this Security In.tmmeat, Lender may give Borrower a notice identifYing the lien. Borrower shall satisfY the lien or take one or more of the actiODJ .el forth above within 10 day. of the giving of notice, 5, Hazard or Property Insurance, Borrower shalllceep the improvemenll now existing or hereafter erected on the Property lnaured agalnsl loss by fire, hazardJ Included within the term 'exterided coverage' and any other hazardJ, Including flooda or flooding, for wblch Lender requirea In.urance. Thi. In.urance shall be maintained In the amounta and for the periodJ that Lender requires. The insurance carrier providing the lnaurance .hall be chosen by Borrower subJecllO Lender'. approval wblch .haIl nol be unreuonably withheld. If Borrower fail. 10 maintain coverage deacribcd above, Lender may, al Lender'. oplion, obtain coverage to protecl Lender'. righll in the Property in accordance with paragraph 1. All incurance policies and renewals shall be acceptable to Lender and shall include a .tandard mortgage claUte, Lender shall have the right 10 hold the policies and renewals. If Lender requires, Borrower .hall promplly give to Lender all receipta of paid Single FamUy . Fannie MH/Freddle Moo UNIFORM INSTRUMENT RIV, 8/80 PogI2., e Inkloll: MlIllt .d:lJ,Q. UfTV".I11' 1 coveaanta with limited Varl.tiODl b"olid221 "AtE [)1)[) p~mi\1l1lC and,renewal noticel, In lbe e IS, Borrower .ball give prompt notice ~ rance carrier and Lender, Lender may make proof of Iou If not made prom" I) oy Borrower, Unlen Leeder and Borrower olberwlco agrcc in writing, in.ul'lll~ prococdJ aball be applied to reatoratlon or repair of lbe Property damaged, If lbe reatoratlon or repair II economically fcuible and Lender'a aecurity II notlcucned. If tile reatoritlon or repair II not economically feulble or Lender'a ICCUrity would be lealCOed, lbe lOJurance prococda aba11 be applied to the IUIDIICCU~ by thl. Security Inctrument, whelber or not lben due, wllb any excel. paid to Borrower. If Borrower abandollC the Property, or dOCl not ancwer within 30 daYI a notice from Lender lbatlbe lOJurance carrier hu offe~ to cettle a claim, then Lender may collcctlbe in.Ul'lllce prococda. Lender IDlY we lbe proceed. to ~palr or reatore lbe Property or to pay IUms ICCU~ by thll Security Imtrument, whelber or not then due. The 30-day period will begin wben lbe notice I. given. UoIen Lender and Borrower olberwlle agree In writing, any appliCAtion of prococda to principal Ihall not extend or poltpone the due dalll of lbe monthly paymenll referred to in paragraph. I and 2 or cbange the amount of lbe paymenll. If under paragrapb 21lbe Property I. acqul~ by Lender, Borrower'. right to any in.urance policiea and prococda I'CIUlting from damage to lbe Property prior to lbe acqul.ltlon Iball pUt to Lender to the extent of the .UIDI .ccu~ by thl. Security Inctrumentlmmedlalllly prior to the acqullltlon. 6, Occupancy, Presenatlon, Maintenance and Protection of the Propertyl Borrower'a Loan Application; Leaseholds, Borrower .ball occupy, eallbli.b, and we the Property u Borrower'. principalrealdence within .Ixty daya after the execution ofthla Security InItrument and .ball continue to occupy lbe Property u Borrower'. princlpalreaidence for atleut one year aller the dalll of occupancy, unIea.Lender otherwlco agreca in writing, wblcb concent aball not be unreuonably withheld, or unIen extenuating clrcumstance.c exl.t wblcb are beyond Borrower'a control, Borrower Iball not deatroy, damage or Impair the Property, allow the Property to delllrioralll, or commit wulll on the Property, Borrowerchall be in default If any forfeiture action or proceeding, whether civil or criminal, la begun lbat in Lender'. good faith Judgment could reault in forfeiture of lbe Property or otherwlco malllrially Impair the lien created by thl' Security InItrument or Lender'. cecurity intereat, Borrower msy cure .uch a default and ~lOJlIlll, u provided in paragraph 18, by cawing lbe action or proceeding to be di.mi.acd with a ruling that, in Lender'a good faith determination, precludea forfeiture of the Borrower'. intereat in the Property or other material Impairment of the lien cruted by thll Security InItrument or Lender'aaecurity intereat, Borrower .ball allO be in default If Borrower, during the loan application proceu, gave malllrially falle or inaccuralll infonnatlon or IlItemenllto Lender (or 'failed to P&' a:r with any material infonnatioo) in connection wilb lbe loan evidenced by lbe Note, including, but notlimi~- I' Borrower'. occupancy of lbe Property u a principalreaidence, If thl. Security In.trumentl. on al , . ilb all the provllloOl of the lcuc. If Borrower acquirea fcc title to lbe Property, the lcuchold an fcc tiUe Ihall not me en Lender agreca to the merger in writing, 7. Protection of Lender'. Rlgbls In the Property, If Borrower fails to perforn\ltli' cd1Jnalllftnd agreemenll contained in thll Security Inctrument, or there I. a legal proceeding lbat may .ignificantly affect Lender'l righll in lbe Property (lUch u a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce lawI 0~1MW. JMlJOtUII! BANI> and pay for whatever is ncccsury to protect the value of the Property and Lender'. rights in the Propcdy AI lIP .....~J- W include paying any IUms lecU~ by a lien wblch hu priority over thla Security Instrument, appearing in court, paying rcuonable attorney.' fceo and entering on the Property to make ~paira. Although Lender may take action under thl. paragraph 7, Lender dOCl notlllve to do 10, Any amounts dilburacd by Lender under thl. paragraph 7 .hall become additional debt of Borrower ICCU~ by thl. Security In.trument. UoIes. Borrower and Lender agree to other tenna of payment, these amounll .hall bear intereat from lbe date of di.bunement at the Nolll ralll and .ball be payable, with intereat, upon notice from Lender to Borrower requeating payment. 8. Morl&lIie Insurance. If Lender requi~ mortgage Insurance u a condition of maldng the loan ICCU~ by thls Security Instrument, Borrower .hall pay the p~miums requi~ to maintain the mortgage Insurance in effect, If, for any rcuon, the mortgage lOJurance coverage requl~ by Lender lapsea or ceuca to be in effect, Borrower shall pay the premiums required to obtain coverage .ubstantially equivalent to the mortgage Insurance p~viowly in effect, at a costlUbstantially equivalent to the cost to Borrower of the mortgage inlUrance previowly in effect, from an alternate mortgage Insurer approved by Lender, If IUb.tantially equivalent mortgage Insurance coverage I. not available, Borrower shall pay to Lender each month a IUm equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when lbe Insurance coverage lapsed or ccucd to be in effect, Lender will accept, we and retain these paymenll u a Iou reserve in lieu of mortgage insurance. Lou reaerve paymenll may no longer be requi~, atlbe option of Lender, if mortgage Insurance coverage (in the amount and for the period that Lender requirea) provided by an Insurer approved by Lender again becomes available and II obtained, Borrower .hall pay the premiums required to maintain mortgage lOJurance in effect, or to provide a Iou reaerve, until the requirement for mortgage Insurance ends in =rdance with any written agreement between Borrower and Lender or appliCAble law. 9, inspection, Lender or Its agent may make reuonable entries upon and inspections of the Property. Lender ahall give Borrower notice at the time of or prior to an inspection .pccifying reuonable CAuse for the inspection, 10, Condemnation, The proceeds of any award or claim for damages, direct or conacquential, in connection with any condemnation or olber taking of any part of lbe Property, or for conveyance in lieu of condemnation, are hereby usigned and Ihall be paid to Lender. In the event of a total taking of lbe Property, the proceeds .hall be applied to the IUIDI cecu~ by thil Security InItrument, wbether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in wblch the fair market value of the Property immediately before the taking is equal to or greater than the amount 01 the IUms aecu~ by thi. Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the .ums ICCU~ by this Single family . Fonnle Moo/Freddie Moo UNIFORM tNSTRUMENT Rov. 8/80 pogo 3 .f e Inltlolo: MMIt. '];I;f..C<. UFT v... 1111 iiolii1221 PACE 5Dfl Security InItmment Ihall bo reduced by \Dt of tho proceed. multlpllod by tho foJ action: (I) tho lol&! amount of tho IUnu ICCUred Immodlltoly bofore tho taku _, ulvldod by (b) tho falr markel value of tho I'rol"'rty lnunodlltoly before tho taldng. i\n)'.balance .hall bo pald to Bonower. In tho .vent of I partial,taking 01 th.l-roperty in which tho fair market valuo of tho Property lnunodlotoly bofore tho taldnglc I.... than tho amount of tho .unu .ecurcd Immodlltely before thol&ldng, unI... Borrbwer anJ Lender otholWlao Igl'OO in writlng or unI... Ippllcabl. Ilw othelWia. provld.., tho proccedJ ,hall be Ippllod to tho 'UOll ICCUred by thll Security Inltmmenl whether or nol tho fIlnu are then du., If tho Property II Ibandonod by Bonower, or If, Ifter notice by Lender to Bonowor thll tho condemnor offeroto mako an award ~r aculo a clalm for damag.., Bonower fail. to reapond to Lender within 30 day. after tho dat. tho notice I. given, Lender I. authorized to collect and apply the proccoda, allll option, oither to rcatorotlon or repair of tho Property or to tho IUnu ICCUred by thl. Security InItrument, whether or not then duo. UnI... Lender and Bonower oth.lWl.e .gl'OO In writlng, any .ppllcatlon of proceed. 10 principal Ihall not .xtend or po.tpono tho duo dalll of the monthly paymenll refenod to In paragroph. I and 2 or chang. tho amount of .uch paymenll. 11, Borrower Not Released; Forbearance By Lendcr Not a Walyer, Bxton.lon of tho time for payment or modification of amortization of tho film ICCUred by thl. Security InItmmentgraotod by Lendcr to any .uCCCllOr In lnlercal of Bonower Ihall not operot. 10 rel_ tho Iiablllty of the original Bonower or Bonowor'. fIlCUlCO ~rinot bo required to commence procoodlng. agalnat any .UCUllOr In lnt.reat or refuao to oxtend tl ''4'1 Ify amortization of tho .um ICCUred by thl. Security InItmmenl by rcuon of any d.mand made by rig al Bonower or er'. fIlCCCllOroln Inlereat. Any forbearance by Lender In .xerel.lng any right or remody .hall not a waivor of or preclude orelao of any right or remody, 12, Suc:cesson and Assigns Bound; Joint and Sneral Llahlllty; CD-Ilgnen. Th. covenanll and agl'OOmenll of thI. Security InItmment .hall blnd and booofil the .UCUlIOro and uIIgn. of Lendor and ~~' , of paragrapb 17. Bonower'. covenanll and agl'OOmenll .ball bo joint and aoveral. Any Bonow ment bul doca not execute the Nolll: (a) I. co-.lgnJog thl. Security In.tmmenl only to mortg.ge, iif;:m an conv.y a nower'. lnlereal In the Property undor the lenna of thl. Security In.tmment; (b) I. not peraonall)' obllg.~ 10 'ply the .um lCCurcd ~y thl. Security InItmment; and (c) .greca thaI Lendor and any other Bonower OIly .gl'OO to extend, modify, forbear or make any accommodatlona with regard 10 the tenna of thl. Security InItmment or the Not. without th.t Bonower'. coOlOnl. 13, Loan Cbaraes, If tho loan ICCUred by thl. Security Inltmmentil I1lbjecl to a law whlcb .ell maximum loan charg.., and that law i. fmally lntorpreted 10 that tho lnlereat or other loan charg.. collected or to bo collected In coDDectlon with the loan excoed tho permitted llmill, then: (a) any fIlcb loan cbarge .ball bo reduced by tho amount ncceawy to reduce the charge to the pennltted limit; and (b) any cum already collected from Bonower whlcb excoedod penoitted llmill will bo refundod to Bonower. Lender OIly choo.e to make thl. refund by reduclng the principal owod under the Nolll or by malciog a dlrecl paymenlto Bonower, If a refund reduc:ea principal, tho reduction will bo treated U a partial prepaymenl withoul any prepaymenl charge under the Nolll. 14, Notice!, Any notice to Bonower providod for In thi. Security InIlnllnenl .ball bo given by delivering it or by maillngit by firat clua mail unI... applicable law requirea uac of another method, Th. notice .ball bo directed to the Property Addrcu or any other addrca. Bonower d..lgnalel by nolice 10 Lender. Any nolice to Lender .hall bo given by firal clua mail to Lend.r'. addrcu .1Itod hereln or any other addrcu Lender dcaign'leI by notlc.lo Bonower, Any notice provldod for In thl. Security InItrumenl.hall be dcemod to have been given to Bonower or Lender wben given U provldod In thl. paragrapb, 15, Goyemlna Law; Se-rerablllty, Thi. Security InItmmenl .ball bo govemod by foderallaw and the law of the juricdiction in whlcb tho Property i. located, In tho event thaI any provi.lon or clauac of thI. Security In.tmmcol or tho Nolll conmcll with appllcabl. law, cucb conmcl cball nol affecl other provlclona of thi. Security lnatrumcot or the Nolll whlcb can bo given effecl wlthoul tho conmctlng provlcion, To thi. end the provi.iona of thi. Security lnalmment and the Nolll are declarod to bo aovocabl.. 16. Borrower's Copy. Bonower .ball be given one conformod copy of tho Nolll and of thi. Security InItrument, 17, Transfer of the Property or a BcncficlallntcrcstIn Borrower, If all or any part of the Property or any lnlercatln it i. .old or lrao.fenod (or if a booeficial inlllreat In Bonower II cold or trao.fenod and Bonower I. not a natural perlOn) without Lender'. prior wriuen conacot, Lender oIlY, al ill option, require immodi.1ll paymentln full of all CUOll ICCUred by thl. Security In.lmment. However, thI. option aball nol bo .xereiacd by Lender If exerellO ia prohibited by foderallaw U of the dalll of thi. Security InIlmment. If Lender exereil" thil option, Lender aballglv. Bonower notice of acceleration. The nolice aball provide a period of noli... Ihan 30 daya from the dale the notice ia delivered or mailod within which Borrower mUll pay all cum lCCurcd by thi. Security Instmment, If Bonower fails to pay th... .ums prior to tho expiration of thia period, Lender may lnvok. any relllllCll.. penoiUod by thil Security Instmment withoul further notice or demand on Bonower. 18, BOlTDwer's Rlabt to Reinstate, If Bonower moell certAin conditions, Bonower Iball bave the rlgblto bav. enforcement of thil Security InIlmment dllCOntiouod al any lime prior 10 the earlier of: (a) 5 daya (or cuch other period u applicabl. law may .poelfy for rewlIlemenl) before cale of tho Property pursuaolto any power of caI. contaiood In thi. Security InItmmenl; or (b) enlry of a judgment enforelng thi. Security lnatmment, TholO condilions are thaI Bonower: (a) pay. Lender all cum which then would be duo under thi. Security InItmment and tho Nole u if no acceleration bad occunod; (b) curea any default of any other covcoaoll or agl'OOmenll; (c) pay. all .XpelllCl lncunod In enforelng thi. Security Inslmment, lncludlng, but not Iimitod 10, rcuon.bl. auomeys' f...; and (d) Ilk.. cucb action u Lender may rcuonably require to usure that tho lien of thi. Security InIlmment, Lender'. rlghll In th. Property and Bonower'. obligation to pay tho cum ICCUred by thia Security InItmmenl aball continuo unchangod. Upon rewtalement by Bonower, thi. Security InstmIDenl and tho obligatlona lCCurcd hereby .hall remain fully effective Single Fomlly . Fannlo M..lFreddlo Moo UNIFORM INSTRUMENT Rov, 1180 PIll.4.I1 Inltlol.: MMIa 7:);1..Q. UfTV".l/ll elioi1221 PACE 597 ~ , I , u if lio acceleration had occurred. Ho' 1. rigbtto reinslate .hall not .pply in tl . acceleration under paragraph 17. 19, Sale of Note; Chanae of Loan Scnlc.a', The Note or. partial inte....t in the Note (tul.ther with thI. Security lnJtrumcnt) may,be cold one or more timoa without prior notice to Borrower, A oale may ....ult in . chang. in th. entity (known u the 'Loan Scrvicer') th.t collecle monthly p.ymenle due under the Notellid thl. Security Instrument, There a1co may be on. br more changOl of the Loan Setvlcer IlIIRI.ted to. uJe ofth. Nole. If there i.. change of the Loan Scrvicer, Borrower will be given written notice of the change in accordance with paragraph 14 .boveand .pplicablel.w. Th. notice will.lale the name and add..... of the new Loan Serviccr and th. .dd..... to which p.ymenlll .hould be made, The notice will a1co contain any other infonnation ",,!uired by .ppllcable I.w, 20, Huardous Substances, Borrow.r .ball not caucc or p.nn1tthe p....ence, u.e, di.pouJ, .torage, or rei...... of any Hazardou. SubstancOl on or in th. Property. Borrower .hall not do, nor allow anyone elae to do, anything .ffecting the Property th.t i. In viol.tion of any Environmental Law, The preceding two .entenCCl .hall not.pply to th. prcaenc., UIC, or .torage on the Property of .mall quantitiOl of HazardoUl Sub.tancOl th.t arc g.n.rally recognized to be .ppropri.t. to normal ....Identlal usca and to maintenance of the Property, Borrower .hall promptly give Lend.r written notice of any invOltig.tion, claim, demand, l.wlUlt or other action hy any governmental or regul.tory .gency or priv.1e party involving th. Property and any HazardoUl Sub.tanc. or Environmental Law of which Borrower hu actual knowledge. If Borrower learn., or Ia notified by any governmental or regul.tory .uthority, th.tany removal or other remedl.tion of any HazardoUl Sub.tanc. .ffecting the Property Ie noccuary, Borrow.r .hall promptly take all noccuary remedial actloM in aceordance with Environm.ntal Law, A. UICd in thl. paragraph 20, 'HazardoUl Substances' arc tho.. sub.tanS$-' Oxil1azardOUl substances by Environmental Law and the following .ub.lInCCl: guoline, k.ro.ene, other I~I uClll, toxic pecticidOl and h.rblcldOl, vol.lIle .olventa, material. containing ubeato. or formald loactiv. materi UICd In thI. paragraph 20, 'Environmental Law' means fed.rall.w. and I.w. of the juri.diction the Property I. loea t rel.t. to health, ufety or environmental protection. NON.UNIFORM COVENANTS. Borrower and Lender further covenant and5\1!- 21, Acce1eration; Remedies, Lender shallgl.. notice to Borrower _oR n owln& Borrower's bruch of any co..nant or lIIrccment In tbls Security Instnmlent (but not prior to acce1 un er pll1'l\lll'llph 17 unless applicable law pro,ldes othcnrise), Lender shall notify Borrower of, amon& other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (eI) that failure to cure the dcCault as specified may result In acce1eratlon of the swns secured by tbls SecurIty Instnmlent, foreclosure by Judicial proceedln& and sale of the Property, Lender shall further loronn Borrower of the right to rclnstate after acce1eration and the right to assert In the foreclosure proceeding the non-ulstence of a default or any other defense of Borrower to acce1eration and foreclosure. If the default Is not cured as specified. Lender at its option may require immediate payment In full of allswns secured by this SecurIty Instnmlent without further demand and may foreclose tbls Security Instnmlent by Judicial proceeding. Lender shall be entitled to collect all expenses Incurred In punulng the remedies pro,lded In this paraaraph 21. including. but not limited to, attorneys' fees and costs of title nldence to the extent pcnnltted by applicable law, 22, Release. Upon p.yment of a1lsuma secured by this Security Instrument, thI. Security Instrument and the OItale conveyed shalltermlnale and become void. After IUch occurrence, Lend.r .hall diccbarge and uti.fy this Security In.trument without charg. to Borrow.r. Borrower shall p.y any recordation cosle. 23, Wal..rs, Borrower, to th. extent pennlued by .pplicable I.w, WaiVOl and rele&SCI any error or d.fecle in proceeding. to enforce thls Security Instrument, and hereby waivca the ben.fit of any prcacnt or future I.w. providing for .tay of .xecution, extension of time, .xemption from .ttachment, levy and sale, and homcatcad exemption. 24, Reinstatement Period, Borrower'. time to reinstate provided in paragraph 18 shall extend to one hour prior to the comm.ncement of bidding .t . sherirr. sale or oth.r sale purcuant to this Security In.trumcnt, 25. Purclwe Money Mortallle, If any of the debtlCCured by this Security Instrument Is lent to Borrow.r to acquire title to the Property, this Security Instrument .hall be . purchue money mortg.g.. 26, Interest Rate After Judgment, Borrower .greca th.tthe int.....t rale p.y.bl. .n.r . judgment i. entered on the Nole or in an .ction of mortg.g. foreclosure shall be the rate p.y.bl. from time to time under the Note, PENNSVL VANIA. Singl. Fomily . hnnle Mae/Freddle Moo UNIFORM INSTRUMENT _ F....1upplv Co.. lno. 18001......&& Pogo & 01 e Inlllol.: IUM ~ ~.Ii? Fonn 3038 8/80 UFT '303. 1/10 ~nu~ I :~ru rm 59~ E8N3 Blue Ball National Bank ,"u"fie/iar\, of September 3, 1996 PennRock Financial Services Corp. A\ I~' l L!.' (, '~~":,.,., {/ 1;'; U ::' I It; li ,'~: :. .' ,i " ('I. (,-' ...J " Y' /.,' ,. _1 ,~ \.:;, Ii 1.1 .. Michael M, Reber 427 Fairview Ave, Enola, P A 17025 .' ,1 '1 1) Re: Mortgage upon premises at 427 Fairview Ave" Cumberland County, Enola, Pennsylvania, 17025 Dear Mr, Reber; The MORTGAGE held by Blue Ball National Bank (hereafter we, us or ours) on your property located at 427 Fairview Ave., Enola, Cumberland County, Pennsylvania, IS IN SERIOUS DEFAULT, because you have not the monthly payments for the months of Julv. AuiUst and September. Late charges (and other charges) have also accrued to this date in the amount of$83.33. The total amount now required to cure this default, or in other words get caught up on your payments, as of the date of this letter, is $1618.94. You mllY cure this default within THIRTY (30) DAYS of the date of this letter. by pllyin~ to us the above amount of$1618.94. plus any additional monthly paymenl~ and late char~es which mllY fall due durinV this period. Such payment must be made either by cash, cashier's check or money order, and made at P.O. Box 580, Blue Ball, PA, 17506. If you do not cure the default within THIRTY (30) DAYS, you are advised that the entire oblillation shall be immediately accelerated and that entire principal debt. to~ether with accrued interest. shall be immediately due and pl\Yable. WITHOUT FURTHER NOTICE TO YOU. TIlls means that whatever is owing on the original borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within nnRTY (30) DAYS, Blue Ball National Bank will instruct it's attorney to start a lawsuit to foreclose your rnort~a~ed property. If the rnort2alle is foreclosed. your mort~alled property will be sold by the Sheriff to pay off the mort~a~e debt. Any attorney's fees will be added to whatever is owed the bank, which may include it's reasonable costs. The bank may also sue you personally for the unpaid mortgage balance and all sums due under the mortgage. P.O. Bo, SBO . 1060 Mclin Slfl"e1 . Blue Ball, Pennsylvania 17506 . 717 I 354-4541 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE TIlE COMMONWEAL 1H OF PENNSYLVANIA'S HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ABLE TO HELP YOU. READ TIlE FOLLOWING NOTICE TO FIND OUT HOW TIlE PROGRAM WORKS, If you need more information call the Pennsylvania Housing Finance Agency at 1(800) 342-2397 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIAMENfE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER ELIGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMlR SU mpOTECA. EX, D 1 (800) 346-3437 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions, Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days, The total amount of the delinquency is SI618.94. That sum includes the following: Payments for July, August and September 1996 , plus accumulated late fees, If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. In order to do this, you must fin out, sign and file a completed Homeowner's Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on 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 win submit your completed application to the Pennsylvania House Finance Agency, Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting, It is extremely important ,hat you file your applica'ion promptly. If you do not do so, or if you do not follow ,he other lime periods set forth in this letter, foreclosure may proceed against your home immediately, Available funds for emergency mortgage assistance are very limited, They win be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings win be pursued against you if you have met the time requirements set forth above. You win be notified directly by that Agency of its decision on your application. PENN~YLVANIA HOUSING FINANCE AGENCY Homeowners Emergency Mortgage Assistance Loan Program Pavmenll Generallnrormallon (717) 780-3940 CorrelDondence 2101 NOrlh Pronl Street Generallnrormallon 1-800-342-2397 2101 NOrlh Pronl Screel P,O. Box 15206 P.O. Box 15530 Harrisburg. PA 17105-5206 Harrisburg, PA 17105-5530 . . TDDI Por Hcarlnll Impaired 1-800-346-3597 HOMBOWNERS' EMBRGENCY MORTGAGE ASSISTANCE PROGRAM STATEMBNT OF CREDIT DENIAL, TERMINATION OR CHANGE 2/21/97 BLUE WILL NATIONAL BANK 1060 MAIN STREET BLUE WILL, PA, 17506 SUBJECT: MIC/lAIlL M REBER 427 FAIRVIEW AVE, WEST FAIRVIEW, PA. 17025 REQUESTED CREDIT: HOMBOWNER'S EMBRGENCY MORTGAGE ASSISTANCE LOAN Adverse Action Taken: CHANGE/LOAN RESCISSION Principal Reason(s) for Advsrse Action Concerning Credit: 1. Mortgagor failed to comply with procedural requirement of Agency based on: Homeowner failed to attend scheduled closing 2/14/97 and failed to contact the Agency regarding same, Homeowner failed to respond to msssags left on answering machine 2/18/97 regard- ing his intentions. You may bs entitled to an appeal hearing if you disagree with our decision, We must receive a written request for a hearing within 15 days of the postmark date of this letter, (Appeal requests must be in writing; a verbal rsquest is not acceptable), The hsaring may be con- ducted by a telephone confersnce call; therefore, you must include your telephone number. Requests for hearings must state the reason(s) that a hearing is requested and must be sent first class, registersd or certified mail to: Chief Counsel - Hearing Request, PHFA/HEMAP , 2101 North Front Street, p, 0, Box 15628, Harrisburg, Penneylvania 17105-5628, The Agency will attempt to schedule the hearing within thirty (30) days after the requeet is received. When sending your appeal, please be sure to print your name legibly and include your social security number. You have a right to be represented by an attorney in connection with your appeal. If you cannot afford an attorney you may be eligible for Legal Services representation, You can contact a Legal Services representative through the following toll free number 1-800-732-3545. Please be aware that scheduling an 'appeal hearing does not necessarily stay foreclosure proceedings. DISCLOSURE OF USE OF INFORMATION OBTAINED FROM OUTSIDE SOURCE: 1. Disclosure inapplicable. The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protec- tion Act. The Federal Agency that administers compliance with this law concerning this creditor ie the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. ~~tl?, I!uL- FREDERICK M. REED DIRECTOR . VERIFICATION r I, Donald A. Hodgen, veritY that I am an Adjuster at Blue Ball National Bank, Plaintiff in the within matter; that I am authorized to execute this Verification; and that the facts set forth in the within Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. ~ ! Dated: March JL., 1997 10006510041.21591.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY CARLISLE, PA TO: Michael M. Reber 427 Fairview Avenue Enola, PA 17025 Denita L. Reber 5320 Oxford Drive Apt. 94 Mechanicsbnrg, PA 17055 Defendant(s) You are notified that Blue Ball National has caused a judgment by () Confession () District Justice Transcript (X) Default Judgment in Mongage Foreclosure to be entered against you with the Prothonotary of Cumberland County. The judgment was entered on ft-l':1 2- County-Civil t,ivision. The judgment is in the amount of $58,225.23plus interest from March II, 1997, to No. 97-1331 with the Coun of Common Pleas of Cumberland 1997, at $12.57 per diem and costs of suit, and for foreclosure and sale of the premises located at 427 Fairview Avenue, West Fairview, Cumberland County, Pennsylvania. Prothonotary '?J BY: Irx.l6~iCWIolK..l()(l(,II.1 >" (". 0" -... .:.~ ~ r-- lU~! ~~ - . ~ ) 0' ( ~ ..:- fE~ .C' .J".. --. .J ~ I C1.. ~(' , . , . <:::. . u.,C ", .;.) --' ~ :..... eLL' =! ~.;J~ -'- ,- -.' ,... -, r- ~, U ::l 0' U e 0 C", C ., f-" -. Ll'f" (~~ . . <..).- 'OJ -" Cl -- .' ~( ...~ . , ,. 11.. :! . .. "J' . ~) Lt:. , ,,, ~ r ') -, ' - U:1" _., -".~ I::: ::., . ttJ IL -, ~.~ ;:;." ,... ." 0 -, (j~ G a. ~ ~ ;) ..jl ,~~~\t-~ -<")~ ^'\ -....::. \ "1'\'-.. p 0 ~ b '-SI1. ~ \\0 M ~ '-.l ~ ~ .......... ~-...J 'Y) -. ~~ ~ ~~ If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (717) 240-6390. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the Buyer may bring legal proceedings to evict you. You may be entitled to a share of the money which was paid for your home. A schedule of distribution of the money bid for your house will be filed by the Sheriff on January 8, 1998. his schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after January 8, 1998. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE TInS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland Adminis:rator Cumberland County Courthouse Carlisle, PA 17013 100llMI004I.!1671-1 fr. (0) ,. -' ..:1 r.: t-': c',~ we\ , .' u;''', , ~t .. C. ; ~. , 6: c::. '.' - " ....,- N , -. /' (-1I -' >;[2 .... r~, ::-:i 4: I.I~ r- :"1 0 0' U " BLUE BALL NATIONAL BANK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION v. : No. 97-1331 MICHAEL M. REBER and DEN ITA L. REBER, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 I I I , ; Blue Ball National Bank, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 427 Fairview Avenue. West Fairview. Cumberland Countv. Pennsvlvania: (Describe the real property to be sold or attach a description as an exhibit) I. Name and address of owner(s) or reputed owner(s): Name Michael M. Reber Address 427 Fairview Avenue ...., PA 17025 W~1L Fo.;rvi t...) Name and address of defendant(s) in the judgment: 2. Denita L. Reber Address 427 Fairview Avenue ... PA 17025 \}J..,L F..."v'I"~ 5320 Oxford Drive Apt. 94 Mechanicsburg, PA 17055 Name Michael M. Reber lOOI6S/0004X.l2MI.1 '>- co, ,- !~ ..:J f.: ,. e:: ~ ll.l!~: <2;-, .:"I: ) f.'_. Q. .J (~~-. 6!' (0 . '''' , LUtj . . +..~ -"1' ,j Ci: -- ~~; ~L f" - . l.. r- .:i 0 en u . MAV BE USED FOR DOMESTIC PROVIDE FOR INSURANCE _PO:~~~::;NA llONAl MAIL. DOES' Rlu!vld From; II'.~ Rhoda, Stoudt & B d ra ley -ll01 Washinqton Street P.O. Box 877 On. pl,e. of Otdin.ry mln .dd"...d 10: Michael M. Reber 427 Fairview Avenue Pnnl;:a. DA 17n'E; __PSForm 3817. Mar. 1989 CPO: 1993 0 - l' PAR I MAY BE USED FOR DDMEsne AND INTERNAnONAL MAIL, DOES'" PROVIDE FOR INSURANCE-POSTMASTER RICllvld From: Rhoda Stoudt & Bradle 501 W shington Street P.O. Bsx 877 Reading, PA 19603 , " ,'l." 'i. One pl.e. 01 ordln.ry mln .ddr....d 10: Denita L, Reber 5~~u UXLora ur1ve Apt. 94 Mechanicsburg, PA 17055 PS Form 3817. Mar. 1989 GPO 1993 0 - ~';:E u~o F~R DOMEsne AND INTERNATlONAl MAIL. ODES NO PROVIDE FOR INSURANCE-POSTMASTER Rhoda stoudt & Bradle 501 shington Street p" Un)( Q77 Reading, PA 19603 Onl pilei 01 ofdin.ry mill .ddr....d 10: Blue Ball National Rank 1060 Main street P.O. Box sea Blue Ball, PA 17506 PS Form 3817. Mar, 1989 GPO ; 1993 0 - 151 ~ '1,""" I r_\> In , d ., " ," .-, In J. \ ~~ rllll\" Cl ,1 J /" . 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PI ~ . en . ::l 0. ~ "'rt 2 '0 ::l 0 n ~ :I" Ill!: 0 l rtp. " I-' o rt ~ il '" ::l ::l . ~ i '" '" 0 en . w rttll n 1111 0 m PI ~ mp. 11 rtl-' rt m ::r 0 ~ III m ,\,;-.: --". I,.! \", \~ \:....).. ,) .~>~.. ,~~'~..t '1 ..'\.:..:~....~~. . ~7/ 7' -...... , , I I ./ ,. l "', , ' r) [7 r,: '.. .J ,. . . '.. -, ....').'1.".,\. Blue Ball National Bank vs Michael M. Reber, Denita L. Reber In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 97-1331 Civil Term Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says on October 3, 1997 at 5:20 o'clock P.M., E.D.S.T., he posted the property of Michael M. Reber and Denita L. Reber at 427 Fairview Avenue, West Fairview, Cumberland County, Pennsylvania with a copy of Real Estate Writ, Notice Poster and Description according to law. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law. says on October 13, 1997 at 10:42 o'clock A.M., E.D.S.T., he served of true copies of R. E. Writ, Notice Poster and Description in the above entitled action upon one of the within named defendants, to wit: Michael M. Reber by making known unto Michacl M, Reber by making known unto Michael M. Reber at 521 N. 3rd Street, West Fairview, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says on August 22, 1997 at 10:40 A.M., E.D.S.T., he served true copies of Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants, to wit: Denita L. Reber by making known unto Denita L. Reber by making known unto Denita L. Reber at 5320 Oxford Drive Apt. #94, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says on October 13, 1997 at 2:40 o'clock P.M., E.D.S.T., he served true copy of Real Estate Writ in the above entitled action upon one of the within named defendants, to wit: Denita L. Reber by making known unto Denita L. Reber at 5320 Oxford Drive, Apt. #94, Mechanicsburg. Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ, Notice Poster and Description in the following manner: The Sheriff mailed one of the within named defendants, to wit: Michael M. Reber a notice of the pendency of the action by regular mail to his last known address at 521 N. 3rd Street. West Fairview, Pennsylvania. This letter was mailed under the date of October 14, 1997 and was never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ, Notice Poster and Description in the following manner: The Sheriff mailed one of the within named defendants, to wit: Denita L. Reber a notice of the pendency of the action by regular mail to her last known address at 5320 Oxford Drive Apt. #94, Mechanicsburg Pennsylvania 17055. This letter was mailed under the date of October 14, 1997 and was never returned to the SheriIT's Office R. Thomas Kline, sheriff, who being duly sworn according to law, says that after due and legal notice has been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania on December 10, 1997 at 10:00 o'clock A.M., E.S.T., and sold the same for the sum of$ 1.00 to Attorney George J. Scoop attorney tor Blue Bell National Bank, 1060 Main Street, Blue Ball, Pennsylvania, Its successors and assigns. It being the highest bid and best price received for the , . WRIT OF EXECUTION and/or ATIACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO. 97-1331 CIVIL 19_ CIVIL ACTION. LAW TO THE SHERIFF OF CUMBERLAND COUNTY: Blue Ball National Bank To satlsly Ihe debt, interest and costs due lrom Michbael M, Reber, 427 Fairview Ave" West Fairview PA PLAINTIFF(S) 17025 and o L Reber 5320 Oxford Dr, A t 94. Mechanicsbur PA 17055, DEFENDANT(S) ALL that certain real PA 17025, (1) You are directed to levy upon the property 01 the delendant(s) and to sell estate located at 427 Fairview Avenue, West Fairview (See attached Legal Description) (2) You are also direcled to attach the property 01 the delendant(s) not levied upon in the possession of GARNISHEE(S) as lollows: and 10 nolffy the garnishee(s) that: (a) an attachment has been issued: (b) the garnishee(s) iSfare enjoined Irom paying any debt to or lor the account 01 the delendant(s) and Irom delivering any property 01 the defendant(s) or otherwise disposing thereol; (3) If propertyolthe defendant(s) not levied upon an subject to attachment is lound inthe possession 01 anyone other than a named garnishee, you are directed to notify hirTVherlhat he/she has been added as a garnishee and is enjoined as above slaled. Amount Due $58,225.23 Interest 3/11/97 including 7/16/97 $1592.29 L.L. $,50 Due Prothy $1. 00 Other Costs Late charges 3/11/97 including 7/16/97 $83,72 Ally's Comm Ally Paid Plaintiff Paid % $118,60 Date: July 28, 1997 Lawrence E. Welker by: Deputy REQUESTING PARTY: Name George J. Shoop, Esquire Address: PO Box 877 ~ Allorney lor: Telephone: ( 610 ) Supreme Court 10 No. Reading PA 19603 Plaintiff 374 -8293 .-' If the Sherift's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (717) 240-6390. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount du;: is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the Buyer may bring legal proceedings to evict you. You may be entitled to a share of the money which was paid for your home. A schedule of distribution of the money bid for your house will be filed by the Sheriff on January 8, 1998. his schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after January 8, 1998. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE TInS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland Administrator Cumberland County Courthouse Carlisle, PA 17013 I_J1611-1 I~Ct'CS CA'l.' ''''4 "'CIIl.U" I, 2 3 , ,;~ NOV, 4, " I 51 7: 8' 91 14 : "I 116 ! 17 18 . 19 , 20 OCT. 21 - - : , : 22 ! 123 i .24 : -. ; ,. : 26 I . 27 t OCT. :30 3 I ~ /511 i H.l.'UII O"rl, PhfJn~ H\.Hll)(, ^""un"n~ O'p', l:hf i3atriot m.m7 l:hc fncning Rftus $unday i3atriot.Rctus Ill) 1111\ ,::,:",j 1I\IlHI"':III.IH;.II\ 171fll111lO\E 17171 :':.).l.IIIf,lf1 ClImplete Cll'era~e of Pennsylvania's Third Largest and ~Illst Proli table ~Iarket CUMB020 OCT b NOV 1997 CU~BERLAND CO SHERIFFS OFFICE COURT HOUSE CARLISLE, PA 17013 I.- - i;; DAIl.Y""TE /'It} 1'/ .,:.,"/ - thCMES' 10 ~ c; ..c" I...eM NOTARY LESS FPO CAlLY 1 00 NET CAlL" > ---- 17/ 'if 'I "'CK.U""ATE I~C"C:S , ..1t"'heM. .~ "" fE thC,.CS' "ClltlPtCi'I LESS FPO SUNCA., NET 5..... > SALE NO, 9 METRO WEST DUPLICATE I TOTAL DUE > :\I...ke .:ht"CK p;,~....bJ~ to The P.:ltrlut':\I!\lo"S Co. All .ld,erti,ing received ,ubject to appro,'al by Publisher. ... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Urdet Act No 587 Aooroved Mav 16 1929 Commonwe.llh 01 Penneylv.nl., County 01 O.uphln) ee FrsnkJ, Epler being duly sworn oeeording to low, deposes and soys: That ha la tha Controller of THE PATRIOT.NEWS CO., a corporation organized end existing under the lews of the Commonweslth 01 Pennsylvenla, wllh lis principal office and place 01 bualnass et 812 to 818 Market Street, In the City of Harrisburg, County 01 Dauphin, State of Pennsylvania, owner end publisher 01 THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS newspapere of generel circulation, printed and published at 812 to 818 Market Street, In the City, County and Stete aforesaid; thet THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been contlnuouely publlehed ever since; That the printed notice or publication which Is securely attached hareto Ie exectly ee printed and published In their regular dally andlor Sunday end Metro edltlonsllssuee which appeered on the 21 et and 28th day(e) 01 October and the 4th day of November 1997, Thet neither he nor eald Company Ie Inlereeted In the eUbJect matter of said printed notice or advertising, end that all of the allegations of this slatement es to the time, place end charecter of publication are true; end That he has personal knowledge of the facts aforesaid end Is duly authorized end empowered to verify this statement on behalf of The Patriot-News Co. aforeseld by virtue end pursuent to e resolution unanimously passed and edopted severally by the stockholders and board of directors of the said Company and subsequentty duly recorded In the office for the Recording of Deeds In and for said County of Dauphin In Miscellaneous Book 'M', vO;:~~~'::~I:~ / =~~;J~- COpy Lsw~r~ to and subsc~d before me Is h dav,M'N SAlE #9 NoIIt\llI Secl ' / / TeIlYL,~. u ~..'::!!;E fK JuM 6. 19911 _,,,,,,,lIn_ A.D. 1998 CUMBERLAND COUNTY SHERIFFS OFACE CXXJRT I-OUSE CARLISLE, PA. 17013 S1IJ:ement Or Advertl$lng Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publlcstlon attached hereto on the above slated dates $ Probating same (1) Notsry Fee(s) $ Total $ 170.89 1.00 171.89 Publisher's Receipt for Advertising Cost THE PATRIOT-NEWS CO., publisher 01 THE PATRIOT-NEWS and THE SUNDAY PATRIOT.NEWS, newspapers of ganaral circulation, hereby acknowledge receipt of the aforassld notlca and publication costs and certllles that the same have been duly paid. THE PATRIOT-NEWS CO. By....................................................................