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LAW OFFICES
RICHARD C. RUBEN
113 LOCU5I' STREET
HARRISBURG, PA 17101
(717) 232.2227 . FAX (717) 232.2707
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HARRIS SAVINGS BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97. I J 9 f CIVIL TERM
v.
TERRY EDWARD FREEMAN
Defendant
and
CIVIL ACTION. LAW
IN MORTGAGE FORECLOSURE
THE UNITED STATES OF AMERICA
TREASURY DEPARTMENT,
Defendants
COMPLAINT
AND NOW comes Harris Savings Bank by and through its counsel, Richard C. Ruben,
Esquire and states the following in support of its Complaint:
COUNT I
I. The Plaintiff is Harris Savings Bank, formerly First Federal Savings and Loan Association
of Harrisburg, a Corporation organized and existing under the laws of the Commonwealth of
Pennsylvania and having its principal place of business at Second and Pine Streets, Harrisburg,
Pennsylvania 17101.
2. The Defendant is Terry E. Freeman an adult individual whose current address is 838
Anthony Drive, Cumberland County, Mechanicsburg, Pennsylvania 17055.
3. Defendant and his wife, Linda Freeman, on September 16, 1983 entered into a Mortgage
loan ind:nture with First Federal Savings and Loan Association now Harris Savings Bank, in the
principal amount of Twenty Eight Thousand Five Hundred Dollars ($28,500.00), the terms of
which loan are more specifically evidenced and set forth in the Mortgage dated September 16,
1983, and recorded September 19, 1983 in the Cumberland County Recorder of Deeds Office
in Mortgage Book 735, Pagc 944, a copy of which is attachcd hercto and incorporated hercin by
rcference as Exhibit "A" which mortgagc contains and is a Iicn upon thc propcrty situatc at 115
Charlotte Way, Suitc 101, Cumbcrland County, Enola, Pcnnsylvania 17025.
4. By decd datcd January 29, 1988 and rccordcd Fcbruary 2, 1988 in thc Rccordcr of Dccds
Office in and for Cumberland County in Dccd Book 33 E, Pagc 203 Dcfendant and his wife,
Linda Freeman conveycd all rights, titlc and intercst to Dcfendant, Tcrry E. Frceman with respcct
to the real property situatc at 115 Charlottc Way, Suitc 101, Cumberland County, Enola,
Pennsylvania 17025 making Terry E. Frccman thc real owncr of said property and Harris
Savings Bank releases Linda Freeman for thc dcbt secured by thc mortgage.
5. A copy of the Adjustable Rate Loan Rider is attached hereto and incorporated herein as
Exhibit "B"
6. Plaintiff, in consideration of the said Mortgagc advanced to Terry E. Freeman and Linda
Freeman the sum of Twenty Eight Thousand Five Hundred Dollars ($28,500.00).
7. The premises subject to said mortgage is morc specifically set forth in Exhibit "A".
8. Terry E. Freeman is the sole owner of the said premiscs SCCUri,1g said mortgage.
9. Said Mortgage has not been assigned in whole or in part by the Plaintiff herein.
10. No judgment has previously been entered on said Mortgage in any jurisdiction, and said
instrument is less than twenty (20) years old.
II. That said Mortgage is in default because Defendant herein has failed to pay a partial
payment of $135.51 for February, 1996 and payments of $186.49 for March, 1996 through
February 1997 plus late charges of $18.64.
12. The Plaintiff has given to the Defendant written notice of intention to foreclose on said
Mortgagc as required by law under Act 6, datcd March 8, 1995, a copy of which is attachcd
hcrcto and incorporatcd hcrcin as Exhibit "C".
13. That Dcfcndant is not rcquircd to givc Plaintiff writtcn noticc of dcfault as requircd by
thc Homcowner's Emergency Assistancc Act of 1983, in that thc propcrty is not owner occupied.
14. That duc to Defcndant's dcfault thc cntirc principal amount of Twcnty Eight Thousand
Fivc Hundrcd Dollars ($28,500.00) has bccomc duc and payablc, togcthcr with intcrcst at thc
currcnt ratc of 6.375% per annum, reasonable Icgal fccs for collcction of said sum in accordance
with the terms of said mortgagc Icss such sums as havc becn paid on account of principal of the
said Mortgage and costs.
15. The Plaintiffbelievcs and thercforc avcrs that reasonable attorney's fees for collection of
the debt is $1,400.00 and that it will incur such amounts.
16. The Defendant is liable to thc Plaintiff for interest at the current rate of 6.375% per
annum, late charges, property taxes and expenses as provided in the Mortgage documents that will
accrue until distribution by the Sheriff of Cumberland County, Pennsylvania, to be computed at
the time of judgment in these proceedings, in addition to the current balance.
17. The Defendant is liable to the Plaintiff for the following on said Mortgage loan:
a. Principal $23,754.68
b. Interest to 2/28/97 . 1,762.55
c. Late charges 18.64
d. Partial payment (50.98)
e. Attorney's fees 1.400.00
TOTAL AMOUNT: ~26.884.89
18. The Plaintiff believes and avers that the Defendant is not a member of the armed forces nor
is he in the military service of the United States of America.
VERIFICATION
Richard E. Starc Crcdit Administration Manager for Harris Savings Bank hcreby statcs
that the statements of fact made in the forcgoing Complaint are true and correct to the best of
his personal knowledge, information and bclief. The undcrsigncd undcrstands statements hcrein
are made subject to the penalties of 18 Pa. Cons. Stat. ~4904, rclating to unsworn falsification
to authorities.
Date
3-/L/-9,
riff.rI~/'~O
Ri hard E. Stare
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MORTGAGE
TIllS MORTGAGE Is made lids.... .... H..t.l\... ......... .... day of .. .... ~."I!~\,!n.b.,,~.... ............,
19 83 belwe n Ih M I. or 'T'"uIIY" Im"nlA" nnd LINIM I'RlmflAN his wire
.". c c or gllg f.' .'\"t\' .. ."11. I''''' 1. . P. .., . . . .. . . .. . .. .. .. . ..... ... .. .. . . "'.. .. .. ... .. . . . .. .
. . . . . . . . .. . ...... .. . . . .. .. . .. (herein "Dorrower"). and the Morlgagee. First Federal Savlnp and Loan Assoclallon of
Harrisburg, a corpora lion organll.cd and exisllng under the laws ofThe Uniled States of America, whose address Is 234 Norlh
Second Slreet. Harrisburg, Pennsylvania, (herein "Lender").
WI 0 I I d bl d Le d I I I I I f Twenty-eillht Thousand ~'ive Hundred
lcrelS, orrower S nee to n cr n t Ie (lr nc pa sum 0 ...................,.......................
"Q~~~~~~~~~\l\l/.~QQ. ~.$.~q. ~P.O...QQ bollars. which Indeblednessisevldencedby Dorrowers' nole of even date herewtlh
(herein "Note"), providIng for montldy Installmenls of principal and Inlerest, wtlh the balance of the Indebtedness,lf not
sooner paid, due and payable on. ....... 9~.t.'!~':F. .~t.. ~P.l'~""""""'...............................i
To Secure 10 Lender (a) Ihe repayment of Ihe Indebtedness evidenced by Ihe Note, wilh Interestthereon,lhe payment
of all olher suw. wilh Inlerestlhereon, advanced In accordance herewilh 10 protectlhe securlly of this Mortgage, and Ihe
performance of the covenants and agreements of Dorrower herein eonlalned. and (b) the repaymenl of any fulure advances,
with fntereslthereon, made to Dorrower by Lender pursuant to paragraph 21 hereof (herein "Fulure Advances"), Borrower
docs hereby mortgage, grant and convey to Lender Ihe following described properly localed In the County of. ... .. . . . .. .
......... kl\11l9~,.~ql)~................., Commonwealth of Pennsylvania: ALL TIIAT CERTAIN unit in the
property known, named and identifi~d in the Declaration Plan, referred to below as Westwood
Village Condominium located in East Pennsboro Township, Cumberland County, Pennsylvania,
which has heretofore been submitted to the provisions of the Unit Property Act of Pennsyl-
vania, Act of July 3, 1963, p.L. 196, by the recording in the Office of the Recorder of
Deeds of Cumberland Co., Pa., of a Declaration Creating and Establishing Westwood Village
Condominium dated Jan. 29, 1975, and recorded Jan. 29, 1975, in Misc. Book 213 at Page 283,
and amended by a certain lot Amendment to Declaration Creating and Establishing Westwood
Village Condominium dated ~Iay 26, 1976, recorded June 22, 1976, in Misc. Book 222, Page 729 ,
and a certain 2nd Amendment to Declaration Creating and Establishing Westwood Village
~ondominium doted July 21, 1976, and recorded July 26, 1976, in Misc. Book 223 at page 343,
and a Code of Regulations of Westwood Village Condominium dated Jan. 29, 1975, and re-
corded on Jan. 29, 1975, in Misc. Book 213 at page 326, and amended by a certain 1st Amend-
ment to Code of Regulations of Westwood Village Condominium doted May 28, 1976, and re-
corded June 22, 1976, in Misc. Book 222 at page 737, and Declaration Plan of Westwood
Village Condominium dated Jan. 29, 1975, and recorded Jan. 29, 1975, in Plan Book 26 at
page lS, and amended by a certain 1st Amendment to Declaration Plan of Westwood Village
Condominium dated July 21, 1976, and recorded July 26, 1976, in Plan Book 28 at page 72,
being designated on said Declaration Plan of Westwood Village Condominium as Unit No.
llS-lOl, L 20 GA in Dlock 02, Building 02, as more rully described in such Declaration
Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same
appears of record as set forth above, including any amendments thereo, TOGETHER with a
proportionate and undivided interest in the Conunon Elements (as defined in such Declara-
tion) of 1.113%.
BEING the same premises which Mildred Virginia Polino, widow, by her deed dated the
2Sth day of August, 1983, and about to be recorded in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, granted and conveyed unto Terry E. Freeman
and Linda Freeman, his wire, Mortgagors herein. ..
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UNDER AND SUBJECT to restrictions of record.
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HAVING THEREON ERECTED a three Rtory
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which has Ihe address of. .. . . . . H? .~I)l)F~!'.t. ~C;. !".a.y.l . ~!I.i.~c;. ~~.l.,. .. . .. . ... ~.n.l!~~. .. .. . .
. ISr,ml ICltyl
Penll~y.ll(all~A. .17P:z.~...... .... .(hereln "Property Address");
ISt4fe ,nd Zip Code I
Togelher wilh alllhe improvemenls now or hereafter erecled on lhe property, and all easements. rlghls, appurtenances.
renls, royallles, mlneral. 011 and gas righls and profils. water. water righls, and waler stock, and all fixtures now or herearter
all ached 10 the properly, all of which, including replacements and addillons lherelo. shall be deemed 10 be and remain a pari
of lhe properly covered by this Morlgage; and all of Ihe foreglllne. togelher wilh said properly (or Ihe leasehold eslale If Ihls
Morlgage Is on a leasehold) are herein referred 10 as lhe "I'roperty".
Borrower covenants Ihat Borrower Is lawfully seised of the cst ale hereby conveyed and has the rlghlto morlgage.
gran I and convey Ihe Properly. Ihallhe Property is unencumbered. and that Dorrower will wlllant and defend generally lhe
Utle to the Property against all claims and demands. subjecllu any declarations, easemenls or restrictions lis led In a schedule
of exceptioos to coverage In any lllle Insurance policy Illsuring Lender's Inlerestin the Property.
11I\lIK 'I:Jfj I'm ~;!1
PENNSVL VANIA - 1'04 Femllv - S/76 - FNMA/FHLMC UNIFORM INSTRUMENT
UNIFORM COVDNANTS. Dorrower and Lellder covellanl and agrce 'IS follows:
I. Paymen. of Prlnclpal and Inleres', 1I0rrower shall promplly pay when due the principal of nnd inleresl 011 .he
indebledness evidenced hy Ihe NOle, prepaymenl nnd laic charge, a' provided in Ihe NOle, nnd Ihe princlpnl of nnd Inleresl
on any Fulure Advance, secured by Ihi, MOrlgage,
2. Funds ror Ta.es and IIISllll1l1ce. SlIbjeel 10 npplleable law or 10 a wrillell waiver by Lender. Dorro~er sh~1I pny
10 Lender olllhe day monlhly ill,lallmelll' of prillcipal alld illlere,1 arc payable ullder Ihe Nole, ulllillhe NOle " paid 10 full.
a sum (herelll "Fullds") equal 10 olle.lwelflh of Ihe yearly "",e, alld n"cssmenlS which may allnln priorlly over Ihis
Morlgage, and gronad renls olllhe I'roperly. if allY, 1'1", olle-Iwelf'h of yearly premium inslallments for hazard illsuranee.
pillS one'lwelrlh of yenrly premium in,lalhnellls for mOrleage illsulllllee. if any, all a, re"ollahly eslimaled Inillally nnd from
lime 10 lime hy lender on .he h:lsh of llS\csslI1cnl5 11l1lJ hills lllUI rClI'wl1l1bh: estimales thereof,
The Funds shall he helll in nn inslilllliulI Ihe dcpusib or neetlUlIls uf which ore insured or guarnnlced hy n Federnl or
slale ngeney (includiug Lender If Lender i, .ueh 'Ill illlliIUlioll). I.ellder ,hall apply Ihe FUllds 10 pay ,aid In.es. nsmsmeals.
insurance premiums oml ground renls. I.ender nUlY nul charge luc Stl holding lIud npplying Ihe Fumh. :analyzing said Dccount,
or verifying and compiling snid nSSC!Io'imcnls um) hills, unlcsli I.emler pays Horrower intcrcsl on Ihe funds and applicable hlW
permils Leader 10 make such a charge. lIorrower and Lellder may agree In wriling al Ihe lime of e.eeullon of Ihls
Morlgage Ihal illlere,1 on Ihe Funds ,hall I,e I,aid 10 lIorrllwer, and lIl1le" ,ueh agreemenl Is made or a"plleahle law
requires such inleresllo he paid, Lender .hallllol he re'luired III pay lIurrower any illleresl or earnings on Ihe Funds. Lender
shall give 10 Dorrower, withoul chorge, an IIIIIlUIII accuulllillg lIf Ihe Fund. .howlllg crcdils and dehits 10 Ihe Funds and Ihe
purpose for which each dehitlo Ihe FUlld. wa. made. Th. FUlld. arc plcdged as nddilional security for Ihe sums secured
hy Ihis MOrlgage,
If Ihe amounl of Ihe Funds held by Lender. logelher wilh Ihe fUlure monlhly inslallmenls of Fund, paYllble prior 10
the duc dales of taxes. assessments, insurance I"n:miulJI'i lIod grnul1ll rents, shall exceed the amount required to pay said I~U'cs.
assessments, insurance premiums Dnd ground rents us Ihey r,,1I duct such C~CCS$ shall be, 01 norrower's optioll, eilher
promplly repaid 10 Dorrower or crediled 10 lIorrower on munlhly inllallmenls of Funds. If Ihe amounl of the Funds
h.ld by Lcnder shall nol he sumelent 10 pay la.e" nSlCllmenls, in,umnee premiums and ground renls as Ihey rail due,
Dorrower shall pay 10 Lender any amounlnecellnry 10 make "I' Ihe deliciency wilhin 30 days fromlhe date nOlice Is mailed
by Leoder to Dorrower re'luesling paymelll Ihereuf.
Upon paymenl in foil of all sums secured by Ihis Morleage, I.ellder shall promplly refund 10 Dorrower any Funds
held by Lender, If under parngraph 18 hereof Ihe Properly i, ,uld or Ihe I'roperly i. olherwise acquired by Lender, Lender
shall apply, no laler Ihan immedialely prior 10 Ihe .ale nf Ihe Properly or ils acquisilion by Lender. nny Funds held by
Lender allhe lime of appllcalion as a credil againSl Ihe .um, secured hy Ihis MOrlgage.
3. Applleallon or Pnymenls. Unless npplicable law provides nlherwise, all paymenls recclved by Lender under the
NOle and paragraphs I and 2 hereof shllll be IIpplied by Lender fillt in paymenl of amounls payable 10 Lender by Dorrower
under paragraph 2 hereof, Ihenlo inlere'lpayable on Ihe NOle, Ihen lu Ihe principal of Ihe NOle, nnd Ihen 10 Inlerell and
principal on any FUlure Advanc.s.
4. Char~..; LIens. Dorrower ,hall pay nil la.e" '''seSlmenls and olher charges, fines and imposillons auribulabl. to
Ihe Property which may allain a priorilY over Ihls Morlgaee, and leasehold pnymenls or ground renls. if any, In the mnnner
provided under paragraph 2 hereor or, if nol paid in such mllnner, by Dorrower making pnymenl, when due, direclly 10 Ihe
payee Ibereof. Dorrowcr shall promplly furnish 10 Lender allnoliee, of amounls due under Ihis paragraph. and in Ihe event
Dorrower shall make paymcnl direclly, 1I0rruwer .hall promplly fornish 10 I.ender receipls evidencing such paymenlS.
Dorrower shall promplly discharge any lien which ha, priority over Ihls Morlgage; provided, Ihal Dorrower shall nol be
rcquired 10 discharge any such liell so 10llg as Dorrower shall agree in wrlling 10 Ihe paymenl of Ihe obligalion seeurcd by
such lien in a manner acceptable 10 Lender, or shall in good fuilh conlcst such lien by, or ddend enforcement of such lien in,
legal proceedings which op.rale 10 prevent Ihe enfure.menl of Ihe liell or forf.ilure of Ihe Propcrly or any part Ihereor.
5. "aurd Insurance. Dorrow.r shnll keep Ihe improvemenll nuw e.isling or her.aft.r erecled on Ihe Property insured
ngainstloss by fire, hazards included within Ihe lerm "e'lended cove rag.". and such olhcr hazards as Lender may reqllire
nnd in such amounts and (or such periods as Lemler may rcquin:; provided, lhal Lemler shall not require that the amounl DC
such coverage exceed Ih;1I amount of coverage required 10 pay the sums secured by Ihis Morlgage.
The insurance carrier providing Ih. insurnnce .hall be chosell by Dorrower subjeel 10 approval by Lender; prol'ided.
Ihal such approval shall nol be unreasonahly wilhheld. All premium, on insurance policies shall be paid in the manner
provided under paragraph 2 hereof or. if nol paid in such manner. by Dorrower mnking payment. when due, direelly 10 Ihe
insurance carrier.
All insuranec policies alld rcnewals Ihereof shall be ill form acceplllble 10 Lender and shall include a slandard morlgage
clause in favor of and in form acc.plable 10 I.ellder. tender .hll" have-Ihe righl 10 hold Ihe policies and renewals Ihereof.
and Borrower .hall promplly furnish 10 Lender all renewal nOlices nnd all receipls of paid premiums. In Ihe evenl of loss.
Dorrower shall give prompt nOlice 10 Ihe insurance c,,,,ier alld Lender. Lendcr may make proof of loss if nol made promplly
by Dorrowcr.
Unless lender and Borrower otherwisc agrec in writing, insurance proceeds shall be upp1ied 10 resloralion or repair of
Ihe ProperlY damaged, provided such restoration or repair is economically feasible and the securilY of Ihis Morlgage is
not thereby impaired. If such restorntion or rcpnir is nut ccunumically fCOlsiblc or if Ihe security of Ihis Mortgage would
be impaired, Ihe in,uranee proceeds slmll be applied 10 Ihe .ums secured by Ihis Morlgage. wilh Ihe e.c.... if any, paid
10 Dorrower. If Ihe ProperlY is abandoned hy llurrower, or if Ilorrower fnil. 10 re.pund 10 Lendcr wilhin 30 days from the
dale no lice is mailed by Lender to Borrower thallhe illsur:lllcc cilrricr orTers 10 sCl1le a claim for insurance benefits, Lender
is aulhorized 10 coll.el and apply Ihe insurance procecd, al Lcnder', 01'1 ion eilher 10 rCSloralion or repair of the Properly
or 10 Ihe sumsseeored by thi. Morlgage.
Unless Lender and Dorrower olherwise agrce in wriling, any .uch applieallon of proceeds 10 principal shall not e'lend
or poslpone Ihe due dale of Ihe monlhly inllallmen" referred 10 in paragrnph, I nnd 2 hereof or challg. Ihe amounl of
such inslallmenls. If under paragraph 18 hereof Ihe l''''perlY is acquired by Lender, all righi, Iille and inleresl 01 Dorrower
in and 10 any insurance policies und in nnd 10 Ihe proceed. Ihereof resulling from damage In the Properly prior to Ihe sale
or acquislllon shall pass 10 Lender 10 Ihe eSlenl of Ihe .urn. secured hy IIti. MOrlgage immedialely prior 10 such sale or
acquisition.
6. Preservallon aad Malnlenanoe of I'roperty; Leaseholds; Comlomilllum,; PIa lined Unil Developmenls. Borrower
shall keep Ihe Properly In good repair and shall nol commit walle or permil impairmenl or delerloralion of Ihe Properly
and shall comply wllh Ihe prOVisions of any lease if Ihi. MOrlgllge i. on a leasehold. (r Ihis MOrlgage Is on a unil in a
condominium or a planned unil developmenl. Dorrow.r shall perform all of Dorrower's obligalions under the deelarallon
or coven an Is crealing or governing Ihe cOlldominium or planned unit developmenl, Ihe by-laws and regulnlions of Ihe
condominium or planned unit developmcnl, and constilucl1l docum~nls. If a condominium (If planned unit development
rid.r is e.eculed by Dorrower and recorded logclher wilh Ihi, Morlgage, Ihe covenanls and agreemenls of such rider
shall be ineorporalcd inlo nnd shall amend and supplement Ihe coven an Is and agreemenls of Ihis Morlgage as If Ihe rider
were a part hereof.
7. Protecllon or I.ender's Seeurily. If Dorrow.r rails 10 perform Ihe covenanlS and agreemenls conlained In this
Morlgage, or it any net ion or proceeding is commenced which materially affects lender', interest in Ihe Property,
including, bUI nol limiled la, eminent domain, insolvency, code enforcemenl, or arrangements Of proceedings involving I
bankrupt or decedent, then Lcn~er at l.ender's option. upon nOlice 10 ~orrowcr, may make such appearances, disburse such
sums and lake luch action os IS nece'isary 10 prolccl lender's interest, inclUding. but not limiled tal disbursement of
reasonable allomey's fees and entry upun Ihe ('roperly 10 make repairs. If Lender reqnlred marl gage Insurance as a
condilion of making Ihe loan secured by Ihis Mortg.ge. Dorrower shall pay Ihe premiums required 10 mainlnin such
insurance in elTcct until such lime as the rcquiremcnl for such insurnnce lerminotes in accordance with Borrower's and
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lender's wrillen ngreemenl or applieahle law, Ilorrower .hall pay Ihe amOlonl of all marl gage in.uranee premiums In the
manner provided under paragraph 2 hereof,
Any amollnls di.hursed by tender pursllanl 10 Ihis pnragraph 7, wilh inlere.1 Ihereon, .hall heeome addllional
indehledness of Dorrower sccured hy Ihi, Morlgage. Unlm Ilorrower and I.ender agree 10 olher lerm' of payment, slleh
amollnls shall be payable IIpon nOllce from tender 10 Ilorrower reque'llng paymenllhereof, nnd ,hall hear Inleresl from Ihe
dale of dlsbursemcnl al Ihe rale payahle from lime 10 lime nn olllslanding principal IInder Ihe Nole IInles. paymenl of
Inleresl al such role wOllld be conlrary 10 npplicable law. in which evenl sllch amounl. .hall hear inlere.1 allhe highesl rnle
permissible IInder applleable law, Nolhing cOlllalned in Ihi, pnragraph 7 .hall reqllire tender 10 inellr any expense or lake
any aelion hereunder,
8. Inspecllon. Lender may make or ca"'e 10 be made rea.onahle enlrie. IIpon and in.peclinn, of Ihe Properly, provided
Ihallender .hall give Dorrower nOlice prior 10 any slleh in'peelion .pccifying reasonahle cnllse Iherefor relaled 10 Lender's
inleresl in Ihe Property,
9. Condemnallon. The proceed, of any award nr claim for dnmage.. dlrecl or con.eqllenlial, in conneelion wllh allY
condemnalion or olher laking of Ihe Properly, or parllhereof, nr fnr conveyance In Iiell of condemn allan, are herehy assigned
and shall be paid 10 Lender.
In Ihe evenl of a lolal laking of Ihe Properly, Ihe proceed. .hnll he npplied 10 Ihe 51'01' .ecured by Ihis Morlgage.
wilh Ihe excess. if any, paid 10 Dorrower. In Ihe evenl of n parlial Inking of Ihe Properly, IInless Dorrower and lender
olherwi.e agree In wriling, Ihere shnll he applicd 10 Ihe '1101' .ccllred by Ihi. Morlgage .lIch proporlion of Ihe proceeds
as is eqllallo Ihal proporlion which Ihe amolllll of Ihe slim' secllred by Ihis Morlgnge immedinlely prior Ihe dale of
laking bears 10 Ihe fair markel value of Ihe Properly immedinlely prior 10 Ihe dale of Inking, wilh Ihe balance of Ihe proceeds
paid 10 Dorrower.
I( Ihe Properly is abandoned by Dorrower, or if. nfler nOlice by Lender 10 Dorrower Ihatlhe condemnor oflers to make
an award or sellle a claim for damages, Dorrower fails 10 rC5rond 10 Lender wilhin 30 days nner the dale such nollce is
mailed, Lender is aUlhorlzed 10 collecl and apply Ihe procceds, al tender's oplion, cilher 10 resloralion or repair of the
Properly or 10 Ihe sums secured by Ihis Morlgage,
Unless Lender and Dorrower olherwise agrce in writing, any sllch npplicalion of proceed, 10 principal shall nol cxlcnd
or poslpone Ihe due dale of Ihe monlhly inslallmenls referred 10 in paragraphs I and 2 hereof or change Ihe amounl of
such Inslallmenls.
10. Borrower Nol Releaud. Exlension of Ihe lime for paymenl or modifiealion of nmorlizalion of the sums secured
by Ihis Morlgage granled by Lender 10 any successor in inlcre" of Dorrower shall nol operale 10 release, in any manner,
Ihe liabililY of Ihe original Dorrower and D"rrnwer's ,"ccmo" in inlere.1. Lellder shall nol be required to commence
proceedings againsl such successor or refllse 10 exlend lime for paymenl nr olherwise modify amorlizalion of Ihe lums
secured by Ihis Morlgage by re.,on of any demand made by Ihe original Dorrower and Dorrower's successors In Inlerest.
11. Forbearance by Lender Not a Waiver. Any forhearnnce hy tender in exereising any righl or remedy hereunder, or
olherwise aflorded by applicable law. shall nol he a waiver of or preclude Ihe exercise of any snch right or remedy.
The procuremenl of insurance or Ihe paymenl of Inxes or olher liens or charges by Lender shall nol be a waiver of Lender's
righlln accelerale Ihe malurily of Ihe indeblcdness securcd hy Ihis Morlgnge.
12, Remedies Cumulallve, All remedies providcd in Ihis Morlgage nre dislinel and cllmlllalive 10 any olher righl or
remedy under Ihis Morlgage or aflorded by law or equily, nod may he exercised concurrelllly, independenlly or successively.
13. Succwors and Assigns BOllnd; Jolnl and S..eral I.labillly; Caplions. The coven an Is and agreemenls herein
conlained shall bind, and the righls hereunder shall inure la, Ihe respeclive Sllccessors nnd nssigns of I.ender and Dorrower,
Sllbjecl 10 Ihe provisions of paragraph 17 hereof. All covenanls and agrecmenls of Dorrower shall be joinl and several.
The eaplions and headings of Ihe paragraphs of Ihis Morlgage arc for convenience only and are nol 10 be IIsed to
Inlerprel or define Ihe provisions hereof,
14, Nollee. Excepl for any nolice reqllired under applicnble law 10 be given in anolher manner, Ca) any notice to
Borrower provided for In Ihis Morlgage shall be given hy mailing such nOlice hy cerlified mail addressed 10 Borrower al
the ProperlY Address or al such olher address as Borrower may design ale by nolice 10 Lender a. provided herein, and
(b) any nolice 10 Lender shall be given by cerlified mnil, relurn receipl requesled, 10 I.ender's address staled herein or to
such olher address as Lender may design ale by nolice 10 Borrower as provided herein. Any nolice provided for in Ihis
Mortgage shall be deemed 10 have been given 10 Borrower or I.ender when given in Ihe manner designaled herein,
IS. Unllorm Mortgage; Governing Law; Severahility. This form of mortgage combines uniform eovenanls for nalional
use and non-uniform covenants with limited variatiom. by jurisdiction 10 constitute a uniform security instrument cavcring
real properly. This Morlgage shall be governed hy Ihe Inw of Ihe jurisdiclion in which Ihe Properly is localed. In the
evenllhal any provision or dallse of Ihis Morlgage or Ihe Nole eonOlels wilh npplicable law. such conOlcl shall nol aflect
olher provisions of Ihis Mortgage or the Nole which can be given eflecl wilholll Ihe connieling provision, and to this
end Ihe provisions of Ihe Morlgage and lhe Nole are dednred 10 be severa hie.
16, Borrower's Copy. Dorrower ,hall be furni.hed n conformed copy of Ihe Nolc and of Ihis Morlgage al Ihe lime
of execulion or aHer reeordalion hereof,
17, Transler of the Property; Assumpllon, If all or any pnrl of Ihe Properly or all inleresllherein is sold or IransCerred
by Dorrower wilhoul Lender's prior wrillen consenl, excluding (a) Ihe crealion of a lien or encumbrance subordinale 10
Ihis MOrlgage, (b) Ihe crealion of a purchase money .ecuriry inlereS! for household appliances, Ce) a lransfer by devise,
descenl or by operalion of law upon lhe dealh of a joinllena'll or (d) Ihe granl of any lensehold inleresl of Ihree years or less
not conlaining an oplion 10 purchase, Lender may. al lcnder', oplion, declare nlllhe <lIms secllred by Ihis Morlgage 10 be
immedialely due and paynble. Lender ,hall hnve wnived ".<h oplion 10 accelerale if. prior 10 Ihe ,ale or Iransfer, Lender
and Ihe person 10 whom Ihe Properly is 10 be sold or Iransf...ed reach agreemenl in wriling Ihnl Ihe eredir of such rcrson
is salisfaclory 10 Lender and Ihal Ihe inleresl pnyable on Ihe .ums secured hy Ihis Morlgage ,hall he al such rale as Lender
shall request. tf Lender has waived the option 10 accelerate provided in Ihi\ r;aragrOlph 11, and if Darrower's successor in
interest has executed a written assumption agreement :Jcccplcd in writing h)' Lender. Lender ~h:lll release Borrower from all
obligalions under this Morlgage and Ihe Nole.
n lender cxcrci~cs such option (0 accelerate. l.enller ~hi1l1 mail narrower nolice nl accclcrillion in 3ccordancc with
paragraph 14 hereof. Such nOlice shall provide a period of nol 1m Ihan 30 day. from Ihe dale Ihe noliee I. mailed wilhin
which Borrower may pay the sums declared OUC. I r IJorrowcr r&lils fo ray stich !illllU prim 10 Ihe expiration or such period,
Lemler may, wilhoul furlher nolice or demand on lIorrower, invoke any remedies permi1led hy paragraph IR hereof.
NON.UNIFORM COVENANTS. Borrower and Lender fUrlher covenanl :lOd agree a!li follows:
] 8. AcceleraUon; Remedies. Upon Borrower's hreach of nny connant or DJ:recmenl of norrower In this MorlgllRct
IncludinJ: Ihe connants to pay when due nn)' sums !'iccllrcd h)' lhili MortJ::1':c, tender prior 10 Dcceleratlon shall maJJ notice
10 Borrower ... provided by applicable law specllyln~: 1II1he hreach, (2) Ihe ncllon reltlllred 10 cure surh breach; (3) a date,
nol 1m Ihao 30 days Irom lhe dale the nollce Is lIIailed 10 IInrrower, hy which snrh breach tnust he eurd; and (4) that
failure 10 cure such breach on or bdore Ihe dale specified in Ihe notice IIlay ff\ull in uccder:.tlnn of the sums sccured hy
Ihl\ MorlJ:DAc, lorcclo!'illre hy judicial prnceedinJ: nnd ~nlc flf Ihe I'roperty. The nfllice \hall further Inlorm Bormwtf 01
the riJ:hl to reln!'ilate ufter acceleration nnd Ihe riJ:hl to D\\l'rl in the furcclmmrc IlfUcl't'diu/:: Ihe nnn.uhtcnre of a defauU or
10Y olher ddense of Borrowcr 10 nCfeleration nntl roreclu\IIrt'. U the hrt'Dch ili l1ul cured UII ur hdore the dalc lIipecfficd
In Ihe noHcr, Lender al I.t'nder'!i option nlay declare nil uf Ihe MUII\ sccured h,\' Ihlli MnrlJ::IJ:r '0 he Immt'dlll'tly dur Dnd
payable wilhoul lurlh.r demaod and l1Iay Inreclo"e Ihl, Mnrl~a~e hy jlldlclal pro..cdln~. I.ender sh.n be entltle,l tn
rol1tcl In such prDccrdlnJ: all upt'R'it''i of furrclo\ure, (ndndl"):. hul nof Ihulled lu, rra\onahle nllorneY'!Ii f('f~, and rosb of
documentary e,'ldenctt .hslrach and Wit rcporls.
19. Borrower's RICht 10 Rt'ins'ale, NoI\\'ilh\l:uHIII1R I.ender's accelerOllil1n llr Ihe '"l11li ,ccured hy Ihi\ MtlrlRltlle.
Borrower shall have lhe richllo hilvc .my proccclling\ heglln hy I.ender 10 enrmce Ihi, MorlGilgc ,Ii\conlinllcd ill any time
1If\lI~, '(: II' , I',.!: I ~.' ~ i ;
prior 10 olleosl one hour prior 10 Ihe commellcemelll ..I bidJillg al a sherill" sale or olher sale pursuonl 10 Ihis Morlc.ce
if: (D) Darrow", pays LellJer oil sums whkh would be Ihen Jue ullder Ihi. Morlgace. Ihe NOle lIud noles ,eeurinc Fulure
Advances, if any. had no Qccclcrntiul1 occurred: (h) Bnrrnwcr cure, ull hrcachcli ur lmy ufh.:r c"\lcnants or agreements
of Borrower contained in this MortUlIgc; (e) lIorruwcr 11:IYs :all rCil\Unuhlc c~(lcn\cs incurred hy tender in enforcing Ih.:
covenants Dnd agreements of Uorrower cunlilincLl in lhi\ Mnrlgilgc ..rut in enforcinG LCllder's remedies 05 provided in
paragraph I K hereof, inchu.ling, bill lUll limiled hi, rCOI\lHmhlc auurney'" fee\; ullll hI) Burrower takes such DCllon as Lemler
muy reasonably require to DUlin: tlHlt Ihe liell ur thili Mortgage, I.emler's inlerest in Ihe Property nod Dorrower's obligation
10 pay the sums secured by Ihis Murlgagc ~hall cUlllinul: unirnpOlirell. Upun such payment ood cure by Dorrower. Ihis
Morlgage onJ Ihe oblicolion, secureJ herehy ,h.1I relllllin in lull lurce and elleel liS if no IIceelerulion hod oeeorreJ.
20. Asslcnmenl or Renh; AI11Ullntment or Iteedn'r; I.endrr In l'o,..t\\lon. As uddiliolHlI security hereunder. narrower
hereby Assigns to lender the renls of Ihe Prorerty. rrovhlcd Ihat UnruH"er :ohllll, prior to acceleration under paragrnph 18
hereof or abandonment of the Properly, huve Ihe right 10 cullccl nnd relnin such rcnts nli Ihey become due nnd payable,
Upon accelcrnlion under parugrullh I K hereof nr nh:llulul1l11cnl uf Ihe I'ropcrty, I.ender, in person. by ncent or by
judicially oppoinled receiver. .holl be elllillcJ 10 clller up"u, tllke po..mion of IInJ nHlnace the ProperlY and 10 collect
Ihe renls of Ihe Property ineludinc Ihme pll'l Jue. All len" collecleJ hy l.enJer or Ihe receiver shall he applied firsl 10
payment of Ihe costs of management of Ihe Property :'lIul collcclion of rent\, including, hUI nol limited to, receivcr's fecs,
premiums on receiver's bonJs and reo.onllhle ollorney', lee" unJ Ihen In the "'"" secured hy Ihi, Morlcage, Lender ond
the receiver shall be liable to occounl only for Ihme rellls lIellmlly received.
%1. Jt~ulure Advance!. Upon rC'IlIc\1 of Uorrower. I.emler. :II I.ender's uplion prinr tn release of Ihis Mortgage. mtlY
make Fulore AJvonees to Dorrower, Sueh FUlure AJvallces, wilh iulereSl Ihereon, .hall he seeureJ by Ihis MOrlgoCe when
evidepeed by promissory noles slolinc Ihnl said 1I01e. are secureJ herehy. AI no lime shall the principal omonnt of Ihe
indebledness secured by Ihis MonCoge, nol incluJing sums oJvaneeJ in occorJ,,"ee herewilh 10 proleel the seeorilY of this
Morlgage, exceed Ihe original amount of the NOle.
22. Release. Upon poyment of oil sums seeureJ by Ihi. MOrlcace. Lender sholl discharge Ihi, Morlcage. wilhoot
charge 10 Borrower. Dorrower sholl poy oil costs of reeurdalion. il any.
23. Purchase Money Monsoge. If 1111 or pari of Ihe SUIllS .eeureJ hy this MOrlcace ore lent to Dorrower 10 aeqoire
litle to the Property, this Mongoge is hereby deelarcJ 10 be II purehllse monel' murlcage.
<#!~." .". '.~'''';;''''''''''''''' ~~;.
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. . .. inClu' F'ieernr~" . . . . .. . . . . . . . ::o~;r;;'"
IN WITNESS WHEREOF, Borrower has executed this Mortgage.
Wilnesscs:
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............................................
COMMONWEALTH OF PENNSyLVANIA,..............".............,...... .Counlyss:
On this, the.. .I(f(~. .day of.. '! - -!.titi./I-<. .. . . . ... 19, .~~. before me, .~. ~P.tJl.t:Y. .P'II\l~~r..
. . . . . . . . . . . . . . . . . . . . . .the undersignc~<;~rsonally uppeared. . :r!'.~~~ . ~.'. !'.R.E.~~!4tJ. !IJlf!. . . , . . . . . . .
:~~~?A '~~~~~'" .t\~!! .~H~.,......,.............,.,................ ,known to me (or satisfaclorily
proven> 10 be Ihe person~. . ,whose nllme.S . . . arl!. . . .subscribed t" Ihc wilhin instrument and IIcknowledged that
. ~I}\!y. . . . . . . .executed the same for the purposes herein conlained.
IN WITNESS WIIEREOF, 1 hereunlo sel my hllnd and oOiciul se'II,
C~ 7d ~ CX~. _, / ",tlll;,,;;'-,
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My Commission expires:
I cerUfy that the oddress of Ihe
Mortgagee above."amed is
234 North Second Street
rrlsburg, ~ennsylvaJl\a
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ADJUST ABLE RATE LOAN RIDER
NOTICI':: TJII~ SI~CUJUTY INSTltuMENT SI~CURES A NOTE WJIICII CONTAINS
A I'ROVISJON ALJ.OWING FOR CIIANGES IN TIn: INn:ltF,ST RAn:, IN.
CREASK'i IN TilE INTERI'~"T RATE WIJ.J. ItK'im.T IN JIIGJII~R I'AYM~:NTS,
m:CItEASI':S IN TilE INTJo:JU'~"T RAn: wtJ.J. RESUI.l' IN 1.0Wlm I'AYMI':NTS,
This Ridcr is madc lhis .l,6.t.h. . , day of . . . . ~'1I1~'1ql~'1~ . . . . . .. 19. \l;l. ., and is incorporatcd Inlo and shall
bc decmcd 10 amcnd and supplemenlthc Morlgngc, Deed of Trust, or Dccd 10 Securc Dcbl (thc "Sccurily Instru.
ment") of the same dalc givcn by Ihc undersigned (lhc "norrowcr") 10 secure norrowcr's Notc to .. . , .. ., ......."
.F.IllS:r. .11~DF.R"'L. SAVINGS ,...ND. LOAN, ASSOCl1IT ION. .OJ! .1INlIUSnUllG, , , . . . .. . , . , . . .. ... , . ............
(the "Lendcr") of Ihe same dalc (lhe "NOlC") and eoverin~ Ihc propcrlY dcscribcd in Ihe SccurilY Instrumenl and
located at .. . t~;;. .~I}~F.l.q~ ~~. .\-!'!Y I. ~'1I?~!l.,. .l:J.'. . .1.~Q~? . . .. . . . . . . . . . . . . . . . .. . . . .. . . . . .. .. . . .. .........
Proptrly A ddrr.u
Modilleatlons. In addition 10 thc covcnants and agrccmcnts madc in Ihc Sccurity Instrumcnt, Borrower and
Lender furthcr covcnant and agrcc as follows:
A. INTEIt~:sT ItAn: ANI) MONTIILY l'AYlImNT CIIANGES
Thc Notc has an "Iniliallnlcresl Ralc" of . .1.1. . %. The Note intercsl ratc may be incrcased or dccreased on the
. .1st day of Ihe monlh beginning on .. .QGtQQllJ: .1,......., 19.1\~.. and on that day of the monlh every
. .24 . months Ihereaflcr.
Changcs in Ihc intcrest ratc arc govcrncd by changcs in an intcrcst ralc indcx callcd Ihc "tndcx". Thc Index is Ihe:
IChtck 00. box 10 lodic.I' lodu.1
(I) ID. "Contract Inlcrcsl Ratc, Purehasc of Prcviously Occupicd Homcs, Nalional Avcrage for all Major
Types of Lcndcrs" publishcd by Ihc Fcdcralllomc Loan Ilank noard.
(2) 0......., ,...' " .. . , ,..... , . ... ,., ...,. ,.., , ., , ..,........,.......... ...,.................
....................................................................................................
IChtck ont box 10 Indicaft whrfhtr Ihrrr is any maximum limit on C'han~l'S in lI,t Inltrtjl rail' on tach Changr Dalt: Uno box is chtcktd Ihtrt will
bt 110 maximum limit on C'hangts.)
(I) ID Thcrc is no maximum limit on changcs in thc inlcrcsl ratc al any Changc Datc.
(2) 0 Thc intcrcsl ralc cannot bc changed by marc than , . . . . pcrccnlagc poinls al any Changc Date.
If thc inlcrest ratc changes, Ihc amonnl of Ilorrower's monlhly paymenls will change as providcd in thc Nolc. In.
crcascs in thc intcrcsl rate will result in higher paymenls. Deereascs in the inleresl ratc will rcsult in lower payments,
n, LOAN CIIARGES
It could be thatthc loan securcd by the Seeurily Instrument is subjecllo a law which sets maximum loan charges
and that law is interpreled so thallhe inlerest or other loan charges collected or 10 be collectcd in conneclion with Ihe
loan would exceed permilled limits. If lhis is the case, then: (A) any such loan charge shall be reduecd by thc amount
necessary to rcduee the charge to the permilled Iimil: and (n) any sums already colleeled from norrower which exceed.
cd permilled limits will be refunded 10 Borrower, Lender may ehoosc to make Ihis refund by rcducing the principal
owed under thc Nole or by making a direct payment 10 Ilorrowcr.
C. PRIOR LIENS
If Lender determines that all or any part of lhe slims secured by Ihis Security Instrument arc subjecllo a lien
which has priority ovcr this Sceurity Instrumenl, Lender may send norrower a notice identifying Ihatlicn, Borrower
shall promptly ael with regard 10 lhal lien as provided in pamgrnph 4 of the Security Inslrument or shall promptly
secure an agree men I in a form salisfaclory 10 Lender subordinaling that lien 10 lhis Security Instrumenl.
D. TItANSn:R OF TilE I'IWI'ERTY
If therc is a transfer of lhe Property sllbjeello paragraph 17 of Ihe Security Instrumenl, Lendcr may requirc (I)
an increase in thc current NOle interesl rale, or (2) all increase in (or removal (1) the limit on Ihe amounl of any onc in.
lerest rate change (iflhere is a limit), or (3) a change illlhe \lase Index figure, or all of these, as a condition of Lcndcr's
waiving the oplion 10 accelerate provided in paragrnjlh 17.
ny signing this, norrower agrees to all of the abovc,
WITNESS:
, ,
.'=-.""''i-
__---.--=~i-..--- - -
, . . . :'.-. . . . , . . , . . . , .. . , , . . . .. . .. .. .. . ... , ... (Seal)
Terry ~. ~'reeman -Borrower
. ~~.~.~.. z.;C,~ t......,. ..._. ......(Scal)
Linda Freeman -Borrower
'.'.3.' I" 11,\ b
\lOOK I, h I' ",l '"
_1/ ,"(II" ,It"" 0'" /tn." if ('''rrAftl PI //IIn bur" chrdrrl. untl /.('lId" "ml nttrt"M't'1' do 1101 pllrtrwi1t ",rtt III W""II,. ,It, fin' I"dtx ""mtd wifl"ppl,.
ADJUSTABLE RATE LOAN RIDER-G/8t-IIIIMe UNlfOIlM INSTnUMENT
;:".PtAimi=F'."
'j;<' --.01811
,-,..",-&An _ >
.B
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
Account II7H-020673 Date of Notice: March H, 11)1)5
To: Terry E Frccman
838 Anthony Drivc. Mechallir.~bllrl: PA 17055-2203
Tho MORTGAGE held by First Fcdcrnl Snvings nnd Lonn Association of Harrisburg (boreinnner we, us er
ours) on your preperty locnted nt 1 IIi ChnrloUe Wny, l~nolnl'A 170251S IN SEHIOUS DEFAULT becall,~e you have
not made the monthly payments of $178.16 for the mmlth.~ ofneeember I, 1904 . March I, lD05, and 101 any unpaid
tnxes, The totnl amount new required to cure this default, or in other words, get cnught up in your paymenL~, ns of the
date of this letter, is $657.44.
Youlllay cure thi.~ default within TII/RTY (30) DAYS of the date of thi.~ letter, by paying to u.~ the a/mve ammmt of
$657.44, plus any additionalmOllthly payment.~ and late cllOrge which may fnll due during tlli.~ period. Such payment
must be made either by cash, cashier's check, certified check or money order, and made at 234 North Second Street,
Harrisburg, Pennsylvania,
If you do not cure tho default within TIIIRTY (30) DAYS, we intend to exercise our right 10 accelerate Ihe mortgage
payment,~. This means that whatever is owing on the original amount borrowed wiII be eensidered due immediately and
yeu may lose the chance to pay oIT the original mortgage in monthly installmenls. If full payment of the amount ef
default is not mnde within THIR'l'Y (30) DAYS, we al.~o intend to in,~truct OIl' attorney.~ to .~tart a law.~uilto foreclo.~e
your mortgaged property. If the mortgage L~ foreclo.~ed your mortgoged property will be .~old by Ihe Sheriff to payoff the
mortgage debt.. If we refer yeur case to our attorneys, but you cure the default before they begin legal proceedings
against you, you wiII still have to pay the reasonable attorney's fees, actunlly incurred, up to $50.00. However, if legal
proceedings are stnrted against you, you wiII have to pay the reasonable attorney's fees even if they are over $50,00.
Any attorney's fees wiII be added to whatever yeu owe us, which may also include our reasonable cosls, If you cure the
default within the thirty day period, you will not be required to pay atlomey:~ fees.
We may also sue you personally fer the unpaid principal halance and all other sums due under the mortgage.
Ifyeu havo not cured the defhult within the thirty day period and fereclosure proceedings have begun, you .~lill have
the right to cure the default and prevent the .m/e at any lime up to one hour /,eforc the Sherifr,~ forec/o.~ure .m/e. You may
do so by paying the total amount o{lhe unpaid monthly payment.~ plu.~ any IClte or other charge,~ then due, a,~ well a.~ the
rea.~onable attorney',~ fee.~ and co.~t.~ cOll/lected with the forec/osllre .~a/e ami perform any other requirement.~ under tlle
mortgage. It is estimated that the earliest date that such a SherilTs sale could be held would be npproximately
September 6, lD05. A notice of Ule date of the Sheri IT sale wiII be sent to you before the sale, Of course, the amount
needed to cure the der."Iult wiII increase the longer you wait. You may find out at any timo exaclly what the required
payment wiII bo by calling us at the following number: (717) 232.6661. This payment must be in cash, cashior's check,
certified check or meney order and made payable to us at the address stated nbove,
Yeu should realize that a SherilTs sale wiII end your ownership of the mortgaged property and your right to remain in
it. If you centinue to live in the property aner the SherilTs sale, a lawsuit could be sturted to evict you.
You have additional righls to help pretect your interest in the property. YOU HAVE THE RIGHT TO SELL THE
PROPERTY TO OBTAIN MONEY TO PAY OFF TilE MORTGAGE DEBT, OR TO BORROW MONEY FROM
ANOTHER LENDING INSTITUTION TO PAY OFF TillS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR
TRANSFER THE PROPERTY SUBJECT TO TilE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL
ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL TilE OUTSTANDING PAYMENTS, CHARGES AND
A'ITORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIRE-
MENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUM.
STANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGIlT TO IlAVE THIS DEFAULT CURED BY ANY
THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE RIGIlT TO ASSERT IN TilE FORECLOSURE
PROCEEDINGS TilE NON.EXISTENCE OF A DEFAULT OR ANY OTlllm DEFENSE YOU MAY IIAVE TO
ACCELERATION OR FORECLOSURE.
If you cure the default, the mortgage will be restored to the same position a.~ if 110 default had occurred. However, yeu are
net entilled to this right to cure your default more than thre(' times in any culcndar year.
NIF Rev. 2 5/84
cc: Sent Certified and First Class Mail
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LAW OFFICES '
RICHARDC. RUBEN
113 LOCU5I' 51'REET
HARRISBURG, PA mOl
(717) 232-2227 . FAX (717) 232.2707
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HARRIS SAVINGS BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97.1398 CIVIL TERM
TERRY EDWARD FREEMAN
Defcndant
CIVIL ACTION . LAW
IN MORTGAGE FORECLOSURE
and
THE UNITED STATES OF AMERICA:
TREASURY DEPARTMENT,
Defcndants
AFFIDAVIT OF SERVICE BY MAIL
PURSUANT TO PA R.C.P. 61920,4(a)(1)Cii)
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF DAUPHIN
I, Richard C. Ruben, Esquire, bcing duly sworn according to law, depose and say that a
true and correct copy of the Notice of Sheriffs Sale of Real Propcrty was served on:
Harris Savings Bank
P.O. Box 1711
Harrisburg, P A 17105
Terry E. Freeman
838 Anthony Drive
Mechanicsburg, P A 17055
The United States of America
Treasury Department
M. Catherine Frye, Chief of Civil
U.S. Attorney's Office'
228 Walnut Street
Federal Bldg., Rm. 217
Harrisburg, P A 171 08
The United States of Amcrica
Trcasury Departmcnt
Edward J. Snyder
U.S. Attorney General
Dept. of Justice, Tax Division
830 Ben Franklin Station
Washington, D.C. 20044
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LAW OFFICES
RICHARD C. RUBEN
113 LOCU5I' 51'REET
HARRISBURG, PA 17101
(717) 232-2227 . FAX (717) 232.2707
~UN 11 1997
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1398 CIVIL TERM
HARRIS SAVINGS BANK,
Plaintiff
TERRY EDWARD FREEMAN
Dcfendant
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
and
THE UNITED STATES OF AMERICA:
TREASURY DEPARTMENT,
Defcndants
STIPULATION
It is hereby stipulated and agreed by and between counsel for Plaintiff, and the Defendant,
United States of America, as follows:
I. That the premises referred to in the Complaint is owned by the Defendant.
2. That the Federal tax liens referred to in Paragraph 20 of Plaintiffs Complaint in the
amounts of:
Date Amount Indexed
a. 09/08/93 $18,540.45 93-6913
b. 02127/93 29,689.61 93-6938
c. 12/20/93 71,035.58 93-6999
d. 11/1 0/94 3,563.02 94-6399
are junior in time to the Plaintiffs mortgage set forth in Paragraph 3 of said Complaint.
3. That the Defendant, United States of America, agrees to the entry in this action of a
judgment in favor of the Plaintiff and against the United States of America for foreclosure
and sale of the mortgage property.
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113 LOCU5I' 51'REET
HARRISBURG, PA 17101
(717) 232-2227. FAX (717) 232-2707
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LEGAL DESCRIPTION OF 115 CHARLOTTE WAY, SUITE 101
CUMBERLAND COUNTY, ENOLA, PENNSYLVANIA
ALL THAT CERTAIN unit in thc propcrty known, namcd and identified in thc Dcclaration Plan,
referred to bclow as Wcstwood VilIagc Condominium locatcd in East Pennsboro Township, Cumberland County,
Pennsylvania, which has hcrctoforc bcen submitted to thc provisions of the Unit Property Act of Pennsylvania,
Act of July 3, 1963, P,L, 196, by thc rccording in the Officc ofthc Rccordcr ofOccds ofCumbcrland County,
Pennsylvania of a Declaration Crcating and Establishing Wcstwood Village Condominium dated January 29,
1975, and recordcd January 29, 1975, in Misc. Book 213 at Page 283, and amendcd by a certain I" Amendment
to Declaration Creating and Establishing Wcstwood Villagc Condominium dated May 28, 1976, recorded June
22, 1976, in Misc. Book 223 at Pagc 343, and a Codc of Rcgulations of Westwood Village Condominium dated
January 29,1975, and recorded on January 29,1975, in Misc. Book 213 at Pagc 328, and amended by a ceratin
I" Amendment of Code of Rcgulations of Westwood Village condominium dated May 28, 1976, and recorded
June 22, 1976, in Misc. Book 222 at Pagc 729 and a certain 2nd Amendment to Declaration Creating and
Establishing Westwood Villagc Condominium datcd July 24, 1976, and recorded July 26, 1976, in Misc. Book
223 at Page 343 and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and
recordcd on January 29, 1975, in Misc, Book 213 at Pagc 328, and amended by a certain 1st Amendment to
Code of Regulation of Westwood Village Condominium dated May 28, 1976, and recorded June 22, 1976, in
Misc. Book 222 at Page 737 and Declaration Plan of Westwood Village Condominium dated January 29,1975,
and recorded January 29, 1975, in Plan Book 26 at Page 15, and amended by a certain I" Amendment to
Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976, in Plan
Book 28 at Page 72, being designated on said Declaration Plan of Westwood Village Condominium as Unit No,
115-101, L 20 GA in Block #2, Building #2, as more fully described in such Declaration Plan and Declaration
Creating and Establishing Westwood Village Condominium as the same appcar of record as set forth above,
including any amendments thereof, TOGETHER with a proportionate and undivided interest in the Common
Elements (as defined in such Declaration) of I.l13%
BEING the same premises which Mildred Virginia Polino, widow, by her deed dated the 25th day of
August, 1983 and recorded in the Office of the Recorder of Dceds in and for Cumberland County, Pennsylvania,
in Deed Book 33, Page 736, granted and conveyed unto Terry E. Freeman and Linda Freeman, his wife.
ALSO BEING the same prcmises which Terry E. Freeman and Linda Freeman, his wife, by their deed
dated January 29, 198 and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania in Oeed Book 33 E, Page 203, granted and convcyed unto Terry E, Freeman
UNDER AND SUBJECT to rcstrictions of rceord.
HAVING THEREON ERECTED a three story condo which has the address of 115 Charlotte Way,
Suite 101, Enola, Pennsylvania 17025
Scized and Sold undcr Writ of Execution Number 97-1398, In the Court of Common Pleas of
Cumberland County, Pennsylvania as the property of Terry E. Freeman,
TAX PARCEL NO. 10-18-1312-001
LEGAL DESCRIPTION OF 115 CHARLOTTE WAY, SUITE 101
CUMBERLAND COUNTY, ENOLA, PENNSYLVANIA
ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan,
referred to below as Westwood Village Condominium locatcd in East Pcnnsboro Township, Cumberland County,
Pennsylvania, which has heretofore been submitted to thc provisions of the Unit Property Act of Pennsylvania,
Act of July 3, 1963, P.L. 196, by the rccording in the Officc of the Recorder of Deeds of Cumberland County,
Pennsylvania of a Declaration Creating and Establishing Westwood Village Condominium dated January 29,
1975, and recorded January 29,1975, in Misc. Book 213 at Page 283, and amended by a certain I" Amendment
to Declaration Creating and Establishing Westwood Villagc Condominium datcd May 28, 1976, recorded June
22,1976, in Misc. Book 223 at Page 343, and a Codc of Regulations of Westwood Village Condominium dated
January 29, 1975, and recorded on January 29, 1975, in Misc. Book 213 at Page 328, and amended by a ceratin
I" Amendment of Code of Regulations of Westwood Village condominium dated May 28, 1976, and recorded
June 22, 1976, in Misc. Book 222 at Page 729 and a certain 2nd Amendment to Declaration Creating and
Establishing Westwood Village Condominium dated July 24, 1976, and recorded July 26, 1976, in Misc. Book
223 at Page 343 and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and
recorded on January 29, 1975, in Misc. Book 213 at Page 328, and amended by a certain 1st Amendment to
Code of Regulation of Westwood Village Condominium dated May 28, 1976, and recorded June 22, 1976, in
Misc. Book 222 at Page 737 and Declaration Plan of Westwood Village Condominium dated January 29, 1975,
and recorded January 29, 1975, in Plan Book 26 at Page IS, and amended by a certain I" Amendment to
Declaration Plan of Westwood Village Condominium dated July 21,1976, and recorded July 26,1976, in Plan
Book 28 at Page 72, being designated on said Declaration Plan of Westwood Village Condominium as Unit No.
115-101, L 20 GA in Block #2, Building #2, as more fully described in such Declaration Plan and Declaration
Crcating and Establishing Westwood Village Condominium as the same appear of rccord as set forth above,
including any amendments thereof, TOGETHER with a proportionate and undivided interest in the Common
Elements (as defined in such Declaration) of 1.113%
BEING the same premises which Mildred Virginia Polino, widow, by her deed dated the 25'" day of
August, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,
in Deed Book 33, Page 736, granted and conveyed unto Terry E. Freeman and Linda Freeman, his wife.
ALSO BEING the same premises which Terry E. Freeman and Linda Freeman, his wife, by their deed
dated January 29, 198 and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania in Deed Book 33 E, Page 203, granted and conveyed unto Terry E. Freeman
UNDER AND SUBJECT to restrictions of record.
HAVING THEREON ERECTED a three story condo which has the address of liS Charlotte Way,
Suite 101, Enola, Pennsylvania 17025
Seized and Sold under Writ of Execution Number 97-1398, In the Court of Common Pleas of
Cumberland County, Pennsylvania as the property of Terry E. Freeman.
TAX PARCEL NO. 10-18-1312-001
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THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY
IS:
TERRY EDWARD FREEMAN
A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or
corporate entities or agencies being entitled to reccive part of the proceeds of the salc rcceived
and to be disbursed by the Sheriff (for example to the bank(s) that hold mortgages and
municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the
sale and distribution of the procecds of sale in accordance with this schedule will, in fact, bc
made unless someone objects by filing exceptions to it within ten (10) days of the date it is filcd.
Information about the Schedule of Distribution may be obtaincd from the Sheriff of the Court
ofCornmon Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania
17013,
mls PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT TAKEN AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO P A Y
THE JUDGMENT.
You may have legal rights to prevent your property from being taken. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST
ACT PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER'AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE:
COURT ADMINISTRATOR
COURT ADMINISTRATOR'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013
(717) 249-1133
LEGAL DESCRIPTION OF 115 CHARLOTTE WAY, SUITE 101
CUMBERLAND COUNTY, ENOLA, PENNSYLVANIA
ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan,
referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County,
Pennsylvania, which has heretofore been submitted to thc provisions of thc Unit Property Act of Pennsylvania,
Act of July 3,1963, P.L, 196, by the recording in the Office ofthc Recorder of Decds of Cumberland County,
Pennsylvania of a Declaration Creating and Establishing Westwood Village Condominium dated January 29,
1975, and recordcd January 29, 1975, in Misc, Book 213 at Page 283, and amended by a certain 1'1 Amcndmcnt
to Declaration Crcating and Establishing Westwood Village Condominium dated May 28, 1976, recorded June
22, 1976, in Misc. Book 223 at Page 343, and a Code of Rcgulations of Westwood Village Condominium dated
January 29, 1975, and recorded on January 29, 1975, in Misc. Book 213 at Page 328, and amended by a ceratin
1'1 Amendment of Code of Regulations of Westwood Village condominium dated May 28, 1976, and recorded
Junc 22, 1976, in Misc. Book 222 at Page 729 and a certain 2nd Amendment to Declaration Crcating and
Establishing Westwood Village Condorninium dated July 24, 1976, and recordcd July 26, 1976, in Misc. Book
223 at Page 343 and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and
recorded on January 29, 1975, in Misc. Book 213 at Page 328, and amended by a certain 1st Amendment to
Code of Regulation of Westwood Village Condominium dated May 28, 1976, and recorded June 22, 1976, in
Misc. Book 222 at Page 737 and Declaration Plan of Westwood Village Condorninium dated January 29,1975,
and recorded January 29, 1975, in Plan Book 26 at Page 15, and amended by a certain 1'1 Amendment to
Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976, in Plan
Book 28 at Page 72, being designated on said Declaration Plan of Westwood Village Condominium as Unit No.
115-101, L 20 GA in Block #2, Building #2, as more fully described in such Declaration Plan and Declaration
Creating and Establishing Westwood Village Condominium as the same appear of rccord as set forth above,
including any amendments thereof, TOGETHER with a proportionate and undivided interest in the Common
Elements (as defined in such Declaration) of 1.113%
BEING the same premises which Mildred Virginia Polino, widow, by her deed dated the 25'" day of
August, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,
in Deed Book 33, Page 736, granted and conveyed unto Terry E. Freeman and Linda Freeman, his wife.
ALSO BEING the same prernises which Tcrry E. Freeman and Linda Freeman, his wife, by their deed
dated January 29, 198 and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania in Deed Book 33 E, Page 203, granted and conveyed unto Terry E. Freernan
UNDER AND SUBJECT to restrictions of record.
HAVING THEREON ERECTED a three story condo which has the address of 115 Charlotte Way,
Suite 101, Enola, Pennsylvania 17025
Seized and Sold under Writ of Execution Number 97-1398, In the Court of Common Pleas of
Cumberland County, Pennsylvania as the property of Terry E. Freeman.
TAX PARCEL NO. 10-18-1312-001