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Home My WebLink About97-05935 ~ ' 1.\ I ~ ~ . ..~ ... c,f 'f .ff .. . ., ~ ,,~ n ~ ~ H ~ . .') .. ~ \0 "'" 0.. \0 ~ tt- .0 ~. ~ , " ",' -\ . ." ,\ . , .!,' ~'c ' ;.1' -;.'. " J .~ J' '.: >-ilj ~,.; .... . i, . . , c- '.' ~ . . . - ~ ' " "t C ..- -~._--~ .,. .,:.-!.~ 21.0'.. 1>'," '"f',i.:: '. 'lr, -"c.- ~ ~ , . ! ) :~ '1 ~'~. ~: ,\ U .. ..-:lfJ ~':w..!__. :',/'i:i} i, t..,. 1,);;, l; f... '0 ;..:-'. _.~:..i'LL..L LL._____.___ " t,'-i -,_~;~~1lJJd. ~{{.~...__~~u ..._~~-------_. ll:-=..L_~J~~ ______M_._____..____.__~.___. ,'11 . L rn l~' :.. I .~ '_. r, t ~ . , i;" ~ '_' ;,' -,.i, ,. . ~ ""- . 0;.-". , , J......,,</ ~. .,? .~ ." c:;;. .~--~ ~ ,;~ - .....,....( .--............ ;'.'. ..'''-''--- " , "'........_~._~ ! ,~ g~/~ . ~' //~ ./6c~' . .. ue' ,,~, "c. j > ..... ;/ ~o tE:. (J) t.r;l. - '), ~"i~ (. ~4.- I ~. , ;., i ._ '/ i',: i ~ 1\ ; .". .'\:L :;......'11': iT ., M" llef:.ll ..]1" Deputy ':JhcTltf 1.)1 ,\.:: ".!U::I./. 1'1:'Iirl::'l 1 '.'.lil 1;], .h', bf'lfitl dilly :.;'rIt.'ffl d:.;.-,~..-,rdlClU , '~', t. Ll- ',II 1 ~. h ~ fl i~O~lr LAltiL_..tL!F.l_I' :JEE ""..ILl ~-':;t..! "':L'd . ,","!" I. ~" ~ ., _ l~.s._~,L....>o'____ th.:..' ..,._.".,_...__.._-----~._----..._----- ',I. ---="2~,: '::"2 Il'.JUli.:. t~:n '. L( ~c,;L .l~'i . , , ~ f,~:.!.l.~t*:..r -.-' H.!: F t11_~t!.:Lllitl:=. !~ i.J Ai.' . . ..... 1 ~~~L:".:-:..__ ,,~_ .__._,__"._____~._.._._.._._ _.__Hd____'"_,~___..__, ~-. U ~l D r.;-l~=.h..EI'___, i.l': .Jr,!. '-', 1; y h--Hld ~ il~; t '_' ~'! LDltH Jl.:... :'~:ltL1.1!.~[IULT [H 1-,!cUT l;\'~ -il t,~;;t.>':,d (.:(Jpy '.If t)P.... -.C.Q,tH.!.AniT MOhT FUfir l' ! ~ i ' '.,J i t tJ 1!C~r_LI2f...____.__~___. " ,I t.~l"-~ ~::'.J1\11:! timE' d~ro['ct1.rl\) II!.:.::.. i.1f:~.~~nf~lHn to.:., th~' ~_"_)fllt-'i.t.... l.!lt;.'.rt'l.....f. ~ ~. I . i' :;t';:: : C. i;i)i;.l . '.:'";U _: ~Cl ... \J(~ ~::::~E~~l-~---- tl.. ,11."':1.; ...... , ..... ,'" ....-4 I ~; 0. j j....lt. . ~, I ~ 'J I,: 1 ' ~--" ~ : , ;",,-:d,,;(~~- '>'J. IjO HI\E!~ r~. 10 " ~.1\,,': It::. .30.- . 97 ~(i.'~~,~ (p(~,.._ " ~ ...~ ,.. 'iN ".( . u~':/ I. ~.\ i_ -j~ t...:,. ~. . ,I. l.) c;, ~ ou: (rJ (>J ,.. I.>J L... ~ <.J' ?:; f'1'1_'" ~,:~'~~" . .i;) '\-/ , 1_~7 .:Ji\. 1>.10- :.; (.) Cl - >1 RICHARD C. RUBEN GF.N!IIAL COU"'EL "HARRIS' 1m SAVINGS BANK 23,\ North Second Strett . Harri,hurg, PA 17101 (717)2:1\-7535, exl. 2916' FAX (717) 2:11-6166 RICHARD C. RUBEN GF.Nr.RAL COUN'iEL IUHARRIS m SAVINGS BANK 234 Nonh Se~ond Street. lIarri.burK.I'A 17101 (717)231,75,15. ext. 2\lIli' FAX (717) 231,6186 IN THE COURT OF COMMON PLEAS OF C~~B~LAND COUNTY. PENNSYLVANIA PVIL DIVISION PRAECIPE ~OR WRIT OF EXECUTION ( ) Confessed Judgment (X) Other CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, Plaintiff File No. v. Amount Due Interest Late Charges Unapplied Due Atty's Comm Costs WILBUR G. SMITH and LOUIS BELlC, Defendants TO TilE PROTHONOTARY OF THE SAID COURT: 97-5935 Civil Term $78,301.68 8,995.31 316.11 783.00 4,171.00 The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 or 1974 as amended Issue writ of execution in the above matter to the Sheriff of cumberland County, for debt, interest and costs upon the following described property of the Defendants 91 Harmony Hall Road, Middlesex Township, Carlisle, Cumberland County, Pennsylvania 17013 (See Legal Descriptic.n attached hereto and incorporated herein as Exhibit A,) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnisheeCs) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) 91 Hannony Hall Rond, Carlisle, Cumberland County, Pennsylvania 17013 and all other property of the Defendant(s) in the po~session, custodv or control of the said garnishee(s). _ (Indicate) Index this writ against the gamishee(s) as a lis pendens against real estate of the Defendant(s) described in the attached exhibit. Respectfully submitted, BY~O Richard C. Ruben, General Counsel Harris Savings Bank Second and Pine Streets Harrisburg, PA 17101 (717) 236-4041 \.D, 1127767 Date: /2 - '-I '- 9 7 . I' .. .. ." I . I .1, ~ ~ ~..~ ~ :1 III I I .' _ I _ . It._. t 'l~~. ~, ~ r:IY hand find i.l ," 'I I. ..' - ' . ~ .. '.' ~' . \,~ _ . I .::' ..\;,'1 !~:, PJ. ,,\. . /1Jf) . cuY of ~'j' 19f.2, ....~Htl.. .r .XIUI,..1J,.:i Prolhonolary {"I , - LEGAL DESCRIPTION OF 91 HARMONY HALL ROAD, CARLISLE, MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA BEGINNING at a spike in the pavement \.1 miles Northeast of the Borough Line of Carlislc, Cumberland County, Pennsylvania at the interscction of RT, 21067 and RT. 21066 callcd the Poor Housc Road; thcnce North 28 degrees 42 minutes West along the center linc of RT, 21067 for a distancc of 599.58 feet to a spike in the center of thc pavcmcnt; thcnce North 75 dcgrces 28 minutes East for a distance of 166,90 feet to an iron pin; thcncc South 65 degrees 52 minutes East for a distance of 73,26 feet to an iron pin; thence South 25 degrees 22 minutes East for a distance of 59,36 feet to an iron pin; thence North 67 degrees 53 minutes East for a distance of 50,96 feet to an iron pin; thence South 27 degrees 57 minutes East for a distance cf 53.89 feet to an iron pin; thence South 14 degrees 27 minutes East for a distance of 396.55 feet to a spikc in thc centcr of the pavemcnt ofRT, 21066 callcd thc Poor House Road; thence South 62 degrees 23 minutcs West along thc ccnter of the Poor Housc Road for a distance of 154,36 feet to the point of BEGINNING, The tract containing 2,73 acres and being shown on the plot drawn by Roger SI. Germain, Civil Engineers, dated September 8, 1954, which is attached hereto and made a part hercof. BEING the same premises which Elsie L, Teitrick, by deed dated the 1'1 day of April, 1985 and recorded in the Recorder of Deeds Office and for Cumberland County on the I II day of April, 1985 in Book 31 E Page 366 grantcd and conveyed unto Wilbur G. Smith and Louis Bclic, as Tenants in common. TAX PARCEL NO. 21-19.1637.026 Seize and Sold as the property of Wilbur G, Smith and Louis Belie under Judgment No. 97.5935 EXHIBIT \ A. " ~ u I ~ ~ ~ ~j l~I~~ ~ 81:1 ell 0 ...:l ~ i~ g ~ ~ ...:l U ] ~ 01>' ~ ~~Q:l :I: ~ 1 ffiell~<~ OOtll ~ u.l ~(J()p., ...lC::0 p., ~ ~~~~i~ s~~ ... '" ell ~ '" 0- !Xl(=:< c.:i 0 '" ~:stIl ~~~~Ii~ I ~ Z .... ~~! p., .... 0- ~ 0 ()~ .,; ~ ii! ~ c9 z ~ . ' CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV MilA CIVIL ACTION - LAW WRIT NO. 97-5935 CIVIL TERM NO. 97-5935 CIVIL TERM v. WILBUR G. SMITH and LOUIS BELlC, IN MORTGAGE FORECLOSURE Defendants AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 819Z0.4lal(l\liil COMMONWEALTH OF PENNSYLVANIA 55 COUNTY OF DAUPHIN I, Richard C. Ruben, Esquire. being duly sworn according to law, depose and say that a true and correct copy of the Notice of Sherirrs Sale of Real Property was served on: Wilbur G, Smith 91 Harmony Hall Road Carlisle, PA 17013 Louis Belie 91 Harmony Hall Road Carlisle, PA 17013 Ellen Belie 352 Dorwart Circle Etters, PA 17319 John F. Loftus 3411 Bedford Drive Camp Hill, PA 17011 U.S.A., Depl. of Housing & Urban Development 105 S, Seventh Street Philadelphia, PA 19106 Attn: Loan Management Dept. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PA Tax Claim Bureau Middlesex Township TIIX Collector Naney R. Sheibly 3235 Spring Road Carlisle, P A 17013 Floyd L. Neill & Calvin Neil % Marc W. Witzig, Esq. Duane, Morris & Heckscher 305 N. Front Street P.O. Box 1003 Harrisburg, PA 17108.1003 201 Mulberry Street Harris:'urg, PA 17104 Ricardo & Brenda Suzensky Robert M. Frey, Esquire FREY & TILEY S South Hanover Street Carlisle, PA 17013 Pennsylvania Nat'l. Bank and Trust Co. 1002 N. Seventh Street Harrisburg, PA 17102 HAND DELIVERY Harris Savings Bank, formerly by mergers, Carlisle Building & Loan Assoc. and First Federal Savings & Loan Assoc. of Harrisburg 234 N. Second Street Harrisburg, PA 17101 by mailing the same to them by U.S, First Class Mail, Certificate of Mailing on 14- December, 1997. Respectfully submitted, BY~~ Richard C. Ruben, General Counsel Harris Savings Bank Second and Pine Streets Harrisburg, PA 17101 (717) 236-4041 J.D. #27767 Date: 1.2 I,/;, . f Sworn and subscri~ed to befx.e me this 1/' day of.. rJ_I~.J,f I 19 r/7. <lor),,,,,,.,. p~ Notary Public , I 51 N.Or.1MI So.11 l.1ro" R kyt N H,l:rl'ihur ,e, olary PUbfic q\, Cf'IIlI)l'''' 0 ),lUp"lfl Counly I.''''on f 'IH'r" 11" .," ... , . ",. . . .-:onn ,h ..,:;.':' f ,',".. 'II< ,~7..-;:'-' 'I i! , >- CJ >- rr.; <"-' 1-; ;.:.: .. ~' " l' '; .- ; .}''/ 1.1-\ l): '.j. 7 ~'C , .J...... :.~j t.,' , ",' e1\ 'i~ ("', . I , LJ';. , >: >. (-~ d;I\..1 u..'; ,,, ' 1'i().. 1-. ,,-, ~i ". ,- () Cf\ 0 ~ ~ !~ ~~ ~ ~' ~ ~ ~ \ ~ r) I i ~ ~t i ~.. q RICHARD C. RUBEN GENERAL c"UNSEl IDHARRIS III SAVINGS BANK 234 North Second Slreet . Harrisburg, PA 17101 (717) 2:11,7535, exl. 2916. FAX (717) 231,6186 CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-5935 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE WILBUR G. SMITH and LOUIS BELlC, Defendants NOTICE OF ENTRY OF JUDGMENT TO: WILBUR G. SMITH 91 HARMONY HALL ROAD CARLISLE, PA 17013 LOUIS BELlC 91 HARMONY HALL ROAD CARLISLE, PA 17013 You are hereby notified that on Ou tl ,1997 the following Judgment has been entered against you in the above captioned case: Judgment in favor of Harris Savings Bank and against Wilbur G. Smith and Louis Belie in the amount of $ 92.668,21, interest at the rate of 8.9%. additional costs and expenses of suit and actual expenditures to preserve security until date of distribution. )5/~~U'd [J. tU..?l.%cf Prothonotary Ii! l- I hereby certify that the name and address of the proper persons to receive these Notices under Pa.R,Civ,P. 9236 arc: Date: Ov. q /qq) WILBUR G. SMITH 91 HARMONY HALL ROAD CARLISLE, PA 17013 LOUIS BELIC 91 HARMONY HALL ROAD CARLISLE, PA 17013 CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-5935 CIVIL TERM WILBUR G. SMITH and LOUIS BELlC, CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Defendants PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Please enter judgment in favor of Plaintiff, HARRIS SAVINGS BANK and against Defendants, WILBUR G. SMITH and LOUIS BELlC in the wnount of 592,668,2\' Defendants were served with a 10 Day Not.ice dated and served November 20, 1997, as evidenced by the attached copy of said Notice and Certificate of Service attached hereto and incorporated herein as Exhibit A. a, b. c, d, e, Principal Interest thru Distribution (4/6/98) Late charges Unapplied (Homeowner's Ins,) Attorney's fees 578,301.68 8,995,32 316.21 783,00 4.272.00 TOTAL AMOUNT: 5 92.668,2l Plus interest at the current rate of 8,9%, additional costs and expenses of suit and actual expenditures to preserve security until date of distribution. Date: I !.. - .., - '1 '7 Respectfully submitted, / i:t/J,-O-- By Richard C. Ruben, General Counsel Harris Savings Bank Second and Pine Streets Harrisburg, PA 17101 (717) 236-4041 1.0, 1127767 CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-5935 CIVIL TERM WILBUR G. SMITH and LOUIS BELlC, CIVIL ACTION. LAW IN MORTGAGE FORECLOSURE Defendants LOUIS BELlC 91 HARMONY HALL ROAD CARLISLE, PA 17013 TO: WILBUR G. SMITH 91 HARMONY HALL ROAD CARLISLE, PA 17013 DATE OF NOTICE: NOVEMBER 20,1997 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE, UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS NOTICE TO A LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE. PA 17013 (717) 240-6200 Dale: /~/}/91 Respectr: sUbm~ /i~/-~~ By Richard C. Ruben. General Counsel Harris Savings Bank Second and Pine Streets Harrisburg. PA 17101 (717) 236-4041 J.D, #27767 EXHIBIT I A " CERTIFICATE OF SERVICE -;J, I, Sharon R. Kyle, hereby certify that on this ,,",Of_day of November, 1997,1 served a copy of the foregoing 10 Day Notice by first class United Slates mail, postage prepaid, addressed as follows: WILBUR G. SMITH 91 HARMONY HALL ROAD CARLISLE, PA 17013 LOUIS BELIC 91 HARMONY HALL ROAD CARLISLE, PA 17013 RespectfulIy submitted, Date: ISk/h7 Byvi/.1 '(b" 1P 'ti-f~ Sharon R. Kyle, Paraleg Harris Savings Bank 235 North Second Street Harrisburg, PA 17101 (717) 236-4041 ex!. 2916 \; ~~ \\ -... c. .... ~~ ("- r-- ," <.. ..., ..: .. -. 10 ...- . , ~ JJ II'. . (:" .. . I . lL:' \~ , ....-: 'f/, . , ,~., . ( , . j ;,. . I . ~ . L..~ ~ L 'J J ~ ~~ I. . L... .., .~~ ~ ~~ . , ~ r- ) X!~. L> U' U ..... ~ ~ ~ ~~ ~ ~ ~ ~ ..... " ~ 5 u ~ ~ ~ @ a:l l:W ~ ~ ~ 3t CII 0 - ~ g ~!~ ::l 0 . ~~ ~ ~ ~ tl ...l ~ ] ~ ~ffi=a"" as~a:l 0 1: l:W ~ CIl;Z; N Q OCII ' f:g c.:l8 ~ ~ r:l(j Ul 5zas ~ ~ ~ ~~~d- In - '" a:lO> CII u 0- Uli=< d ~ ~ cJ~1:~~!e d In ...l;SCII ~ "~~~~~~ z '"" CII~( ~ ~ 0- ~CII~ a:l d ...l U ~~~~ u~ .. ;i ii! ~ c9 z > RICHARD C. RUBEN G"'UL CoUNSEL "HARRIS' .. SAVINGS BANK 234 North Second Street. Harrisburg, PA 11101 (717) 231.75.15, ex!. 2916' FAX (717) 231,6186 .' LEGAL DESCRIPTION OF 91 HARMONY HALL ROAD, CARLISLE, MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA BEGINNING at a spikc in thc pavcmcnt 1.1 milcs Northcast of thc Borough Line of Carlislc, Cumberland County, Pcnnsylvaniaatlhc interscction of RT. 21067 and RT. 21066 called the Poor House Road; thcncc North 28 degrecs 42 minutcs Wcst along the center line of RT. 21067 for a distance of 599,58 feet to a spike in thc center of thc pavement; thence North 75 degrees 28 minutes East for a distancc of 166,90 fcetto an iron pin; thcnce South 65 degrees 52 minutes East for a distance of 73,26 feet to an iron pin; thence South 25 degrees 22 minutes East for a distance of 59.36 feet to an iron pin; thencc North 67 degrces 53 minutes East for a distance of 50.96 feet to an iron pin; thence South 27 dcgrees 57 minutes East for a distance of 53,89 feet to an iron pin; thence South 14 degrees 27 minutes East for a distancc of 396.55 feet to a spike in the center of the pavement of RT. 21066 called the Poor House Road; thence South 62 degrees 23 minutes West along the center of thc Poor House Road for a distance of 154.36 feet to the point of BEGINNING, The tract containing 2,73 acres and being shown on the plot drawn by Roger St. Germain, Civil Enginecrs, dated September 8, 1954, which is attached hereto and made a part hereof. BEING the same premises which Elsie L. Teitrick, by deed dated the I" day of April, 1985 and recorded in the Recorder of Deeds Office and for Cumberland County on the I" day of April, 1985 in Book 31 E Page 366 granted and conveyed unto Wilbur G. Smith and Louis Belic, as Tenants in common, TAX PARCEL NO. 21-19-1637-026 Seize and Sold as the property of Wilbur G. Smith and Louis Belie under Judgment No. 97-5935 EXHIBIT , A .. CI '- (~~ , "-'J ;'='. .. :-; Ill':' ~ ( ), , l~,: ': - , ~; ~; - C). (J' "J l:',l.. I , 't. e.. ~ ~fJ L. .' L._, .I...... , t- . (' {i' U RICHARD C. RUBEN GI!NERAL COUh~EL IDHARRIS o SAVINGS BANK 234 North Second Street. lIarrisburg, PA 17101 (717) 2.11-7535, exl. 2916 . FAX (717) 231-6186 CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97.5935 CIVIL TERM CIVIL ACTION. LAW IN MORTGAGE FORECLOSURE WILBUR G. SMITH and LOUIS BEUC, Defendants AFFIDAVIT PURSUANT TO I'A RCP RULE 3129 HARRIS SAVINGS BANK, Plaintiff in the above action, set forth as of the date of the Praecipe for the Writ of Execution has filed the following information concerning the real property located at 91 Harmonv Hall Road. Middlesex Townshio. Carlisle. Cumberland County. Pennsvlvania 17013: I. Name and address of Owner(s) or Reputed Owner(s): Name: Address: Wilbur G. Smith 91 Harmony Hall Road Carlisle, P A 17013 Louis Belie 91 Harmony Hall Road Carlisle, PA 17013 2. Name and address of Defendants in the Judgment: Name: Address: Wilbur G. Smith 91 Harmony Hall Road Carlisle, PA 17013 Louis Belie 91 Harmony Hall Road Carlisle, P A 17013 . .', .. . , 3, Name and last known address of additional judgment creditors whose judgments are a record lien on the real property to be sold: Name: Address: Carlisle Building & Loan Assoc, now by merger Harris Savings Bank P.O. Box 1711 Harrisburg, PA 17105 Ellen Belie 352 Dorwart Circle Etters, PA 17319 John F. Loftus 3411 Bedford Drive Camp Hill, PA 17011 Floyd L. Neill & Calvin Neill % Marc W. Witzig, Esq, Duane, Morris & Heckscher 305 N. Front Street P.O. Box 1003 Harrisburg, PA 17108.1003 20 I Mulberry Street Harrisburg, PA 17104 Ricardo & Brenda Suzensky Pennsylvania Nat'1. Bank and Trust Co, 1002 N. Seventh Street Harrisburg, P A 17102 4, Name and Address of the last recorded holder of every mortgage of record: Carlisle Building & Loan Assoc, now by merger Harris Savings Bank P,O, Box 1711 Harrisburg, PA 17105 First Federal Savings & Loan Assoc, of Hbg. now Harris Savings Bank P.O, Box 1711 Harrisburg, Pa 17108 U,S,A" Depl. of Housing & Urban Development 105 S. Seventh Street Philadelphia, PA 19106 Attn: Loan Management Dept. >- CI ~ O' ,,-~: f': .. , ) 11 l( , -- -." " . j . F~ , ...... , l;) , , '. >.. , C G\ ,/) 11 J , I .I , [.211 " <...: ., (oj -.I. l..i .J ~ . l,;~ I , r- :".1 G 0"' (J RICHARD C. RUBEN GENERAL CoUNSEL IDHARRIS III SAVINGS BANK 234 North Secoud Street. Harrisbulll. PA 17101 (717) 231,7535. exl. 2916 . FAX (717) 231,6186 CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, Plaintiff v. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WRIT NO. 97-5935 CIVIL TERM NO. 97-5935 CIVIL TERM WILBUR G. SMITH and LOUIS BELlC, IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA R.C.P. 63129 TAKE NOTICE: That the Sheriff s Sale of Real Property (Real Estate) will be held: DATE: March 4, 1997, Wednesday TIME: 10:00 a,m, LOCATION: Commissioner's Hearing Room, 20.1 Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 The property to be sold is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land, (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 91 Harmony Hall Road, Middlesex Township, Cumberland County, Carlisle, Pennsylvania. THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 97-5935 in Cumberland County, Pennsylvania THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY IS: Wilbur G. Smith and Louis Belie A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received 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 proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013 THIS 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 PAY 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 IELEPHONE 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 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Coun of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company tha~ has entered judgment against you, You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you, 2, After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other property cause, This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED, 3, A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two (2) business days before presentation to the Court and a proposed Order or Rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Counbouse Square, Carlisle, PA 17013, before presentation of the petition to the Court, A copy of the Writ of Execution is attached hereto, Sheriff " LEGAL DESCRIPTION OF 91l1ARMONY HALL ROAD, CARLISLE, MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA BEGINNING at a spike in the pavement LI miles Northeast of the Borough Line of Carlisle, Cumberland County, Pennsylvania at the intersection of RT, 21067 and RT. 21066 called the Poor House Road; thence North 28 degrees 42 minutes West along the center line of RT, 2] 067 for a distance of 599,58 fect to a spike in the ccntcr of thc pavement; thcnce North 75 degrees 28 minutes East for a distance of ]66.90 fect to an iron pin; thcnce South 65 degrees 52 minutes East for a distanc.: of 73.26 fcetto an iron pin; thence South 25 degrces 22 minutes East for ~,distance of 59,36 feet to an iron pin; thence North 67 dcgrees 53 minutcs East for a distance of 50,96 feet to an iron pin; thence South 27 dcgrees 57 minutes East for a distance of 53,89 feet to an iron pin; thence South 14 dcgrecs 27 minutcs East for a distance of 396,55 feet to a spike in the center of the pavcment ofRT, 21066 called the Poor House Road; thence South 62 degrees 23 minutes West along the center of the Poor House Road for a distance of 154,36 feet to the point of BEGINNING. The tract containing 2.73 acres and being shown on the plot drawn by Roger SI. Germain, Civil Engineers, dated September 8, ] 954, which is attached hereto and made a part hereof. BEING the same premises which Elsie L. Teitrick, by deed dated the I" day of April. 1985 and recorded in the Recorder of Deeds Office and for Cumberland County on the I" day of April, 1985 in Book 31 E Page 366 granted and conveyed unto Wilbur G, Smith and Louis Belic, as Tenants in common, TAX PARCEL NO, 21-19-1637-026 Seize and Sold as the property of Wilbur G. Smith and Louis Belie under Judgment No. 97-5935 EXHIBIT , A , ~ 1 ~ ~. \ I., ~ ~ , ~ ,.. ~ e. ~ - , q , ~ q ~ ~ ()o c t.) ~ ,_J ~ ~ '\ \ ~~ " .. ,- RICHARD C. RUBEN (;L'\iH\I_ C'II....C,~L N~~~~t~ 2:1.' North Scroncl Strecl . lIarnshurw. J'A 17WI f717l2:n .7.;:1:1, l'Xt. :!~Hti . FAX (717) 1:11 f;Hui CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. '17- :]135' C~.......l.. TL-J.hV WILBUR G. SMITH and LOUIS BELIC, CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE DefendaDt. NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written app:arance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may procced without you and a judgmcnt may be entered against you by the Court without furthcr notice for any money claimcd in the Complaint or for any other claim or relief requestcd by thc Plaintiff. You may lose moncy or properly or othcr rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 CARLISLE BmLDlNG AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. . NO. 97-5"935' tt..t..d Th~ WILBUR G. SMITH and LOUIS BELlC, CIVIL ACTION. LAW IN MORTGAGE FORECLOSURE 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: I, The Plaintiff is Harris Savings Bank, formally Carlisle Building and Loan Association, 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 Defendants are Wilbur G. Smith and Louis Belie, adult individuals whose current address is 91 Harmony Hall Road, Middlesex Township, Cumberland County, Carlisle, Pennsylvania 17013. 3. Defendants on April I, 1985 entered into a Mortgage loan indenture with Carlisle Building and Loan Association in the principal amount of Ninety Thousand Dollars ($90,000,00), the terms of which loan are more specifically evidenced and set forth in the Mortgage dated April I, 1985, and recorded April I, 1985 in the Cumberland County Recorder of Deeds Office in Mortgage Book 773, Page 979, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A" which mortgage contains and is a lien upon the property situlite at 91 Harmony Hall Road, Middlesex Township, Cumberland County, Carlisle, Pennsylvania 17013. 4, A copy of the Mortgage Note is attached hereto and incorporated herein as Exhibit "B". S, Plaintiff, in consideration of the said Mortgage and Note advanced to Wilbur Q, Smith and Louis Belic the sum of Ninety Thousand Dollws ($90.000,00). 6, The premises subject to said mortgage is more specifically set forth in Exhibit "A". 7. Wilbur Q, Smith and Louis Belic are the sole owners of the said premises securing said mortgage, 8. Said Mortgage has not been assigned in whole or in part by the Plaintiff herein. 9, That said Mortgage is in default because Defendants herein have failed to pay the monthly payments of $721,71 for the months of January thru September, 1997; and $704,64 for October, 1997 plus late charges in the amount of $288,02 and $783,00 for forced Homeowner's Insurance. 10, The Plaintiff has given to the Defendants written notice of intention to foreclose on said Mortgage as required by law under Act 6, dated May 16. 1997, a copy of which is attached hereto and incorporated herein as Exhibit "C". I L The Plaintiff has given written notice of d~fault as required by the Homeowner's Emergency Assistance Act of 1983, dated May Ib, 1997, a copy of which is attached hereto and incorporated herein as Exhibit "0". 12, That due to Defendants' defalllt the entire principal amount of Ninety Thousand Dollars ($90,000,00) has become due and payable, together with inter.:st at the current rate of 8,S4% per annum, reasonable legal fees for collection of said sum in accordance with the terms of said mortgage less such sums as have been paid on account of principal of the said Mortgage and costs, 13, The Plaintiff believes and thcrefore avers that reasonable allorney's fees for collcction of the debt is $4,272,00 and that it will incur such amounts. 14. The Defendants arc liable to the Plaintiff for intercst at thc ratc of 8.54% per annum, late charges, property taxes and cxpcnscs as providcd in the Mortgage documents that will accrue until distribution by the Shcriff of Cumberland County, Pcnnsylvania, to be computed at the time of judgment in these proceedings. in addition to the current balance, 15, The Defcndants are liable to the Plaintiff for the following on ~id Mortgage loan: a, b. c. d, e, Principal Interest to 10/17/97 Late charges Unapplied (Homeowner's Ins.) Attorney's fees $78,301.68 6,081.42 288,02 783.00 4.272.00 89.726.12 TOTAL AMOUNT: 16, The Plaintiff believes and avers that the Defendants are not members of the armed forces nor are they in the military service of the United States of America. WHEREFORE, Plaintiff, Harris Savings Bank demands Judgment in its favor and against Defendants Wilbur G, Smith and Louis Belic in the amount of $89,726,12 plus interest at the rate of 8,54% from October 18, 1997 until paid, additional late charges and costs of preserving the collateral and costs of suit. Respectfully submitted, Date: /6/J1l17 . I ! By Richard C. Ruben, General Counsel Harris Savings Bank Second and Pine Streets Harrisburg, PA 17101 (717) 236-4041 !.D, #27767 . VERIFICATION Richard E. Stare. Credit Administration Manager of Harris Savings Bank hereby states on behalf of the Plaintiff that the statements of fact made in the foregoing Complaint are true and correct to the best of his personal knowledge, information and belief, The undersigned understands statements herein are made subject to the penalties of 18 Pa. Cons. Slat. ~4904. relating to unsworn falsification to authorities. Date /0/':;<//71 ~"In!.-cl..! tJ' J7zrA fl ;' ard E. Stare !l e " 'Z 1l '0 ~ o u u '" ~ .,. .. 'tl .: a 0 ~ III ....I ~ ~ .<:: "'z 1'lS +' 0( . 1.:lS2 ~ il 'g ."... tIl U 0 ..;.: 0 ',.j t- ~- ~ ....IU ~... . .-I ~o (:) u ~ 1Il~ ~ ~ UI Iol': ~ ',.j ....I '" ::l :l ,,.j oS ~ CIl: '" .: E U " 0 "0 8 ;.. 0( . '"" u, '''''' -l,'} ;:"".J ::-:? .. -.' : :" ,; ~:': ,., (') ;"11" ,..\ I:") ,0" -rl <> -,' 'I .... t... ... II MORTGAGE TIllS MORTGAGE ("SecurilY Inslrnlllellt") is llivennn ... /d".,. :::~,/4..!,.,."... , 19, ,~~.. , The murlgagor is ,Wilb"J;'..O, ..Sroi.t;n, ,<mil, .4p,qi.!l, A~;Up:.:. , .. , .. .. .. . , .. .. , .. .... . , .. . . . , ,.. , . . . , . , .. , .. , , . , , , , , , .. , , , , . , , , , .. , . , , . , . , , . , .. , , , ("Ilorrower"), This Securily Inslrulllenl is given 10 CARUSI.E IlUII.I>ING ANfl LOAN ASSOCIATION, which is orgaoilCll aod exislillg under Ihe laws of Ihe Conllnollweallh of Penllsylvallia and whllse IIdllre" is 17 We'IHigh Slreel, ClIrli,le,Pellnsylvania 17013 ("Lender"). Ilorrower owes Lender Ihe principal sum of ,Nine,ty, ,thOUllMa.""""".""."""..""""""". , , , , .. , , . . , . . , .. , , , . , . , , , , , , , ,. /lllllars (\I.S. S. , 9,0 , ,0 0.0 . .a o. . , ). This debl is evidenced by Dorrower's nole daled Ihe same date as Ihis Securily IlIstrul11elll ("Nllle"), which provides for mOlllh.y payments, wilb Ihe full debl, if nol paid earlier, due and payable UII ".Na.y" ,1", .20.15" "",.", , , , " ,."", "" " . This Securily Inslrumenl secures Iu Lender: (a) Ihe repaymenl of Ihe dcbt evidellced by the NOle, wilh illleresl. alld all renewal., eXlensions and modificalions; (b) the paymentuf all other SUIll', wilh iOleresl, advanced under parugraph 710 proleelthe securilY of this Security Instrumenl; and (c) Ihe perforl11ance of lIurrowcr's covenants and agreemenls under Ihis Security Inslrumenl IInd Ihe Note. I'o~ Ihis purpose, Ilorrowcr docs hereby mOrlll"ge,.,Hrllntand convey 10 I.ender Ihe following described properly located III M1.ddle.sex, ~QWJJ:lhiIl" ,CMIJlP.li!J:',.\.f1,l}~."., , "., "., ,.' " County, Pennsylvania: more particularly bounded and described as follows: BEGINNING at a spike in the pavement 1.1 miles Northeast of the Borough Line of Carlisle, Cumberland County, Pennsylvania at the intersection of RT. 21067 and Rt. 21066 called the Poor House Road; thence North 28 degrees 42 minutes West along the centerline of Rt. 21067 for a distance of 599.58 feet to a spike in the center of the pavement; thence North 75 degrees 28 minutes East for a distance of 166.90 feet to an iron pin; thence South 65 degrees 52 minutes East for a distance of 73.26 feet to an iron pin; thence South 25 degrees 22 minutes East for a distance of 59.35 feet to an iron pin; thence North 67 degrees 53 minutes East for a distance of 50.96 feet to an iron pin; thence South 27 degrees 57 minutes East for a distance of 53.89 feet to an iron pin; thence South 14 degrees 27 minutes East for a distance of 396.55 feet to a spike in the center of the pavement of Rt. 21066 called the Poor House Road; thence south 62 degrees 23 minutes West along the center of the Poor House Road for a distance of 154.36 feet to the point of BEGINNING. The tract containing 2.73 acres and being shown on the plot drawn by Roger St. Germain, Civil Engineer, dated September 8, 1954, which is attached hereto and made a part herof. BEING the same premises which Elsie L. Teitrick, by deed dated the day of March, 1985, and intended to be recorded contem- poraneously herewith, granted and conveyed unto wilbur G. Smith and Louis Belic, Mortgagors herein, as Tenants in Common. which has the address 01',91. ,llaxDlOny Hal.l, ,l2ea..!."",...,.". ISlreelj (Jellnsylvania .' ,l,'Z0.13""""".",.,.., t"Propeny Add..,s"); IZlp Codo) TOGETlIER Willi all Ihe improvelllellls now or hereafter erecled on Ihe properly, and all easemenls, righls, apP"rtenances, rellts, royallies, milleral, oil and gas righls and profils, waler righls and slock and aU fi.lures now or hereafter a part oflhe properlY. All replacemellls and addilions shall also be covered by Ihis Securily Instrumenl. All oflhe foregoing is referred 10 in Ihis Security Inslrument as Ihe "Property." BORRowl'R COVENANTS Ihal Borrower" lawfully seised of Ihe est ale hereby conveyed and has Ihe righl 10 mortgage. granl and convey the Property amI that the I'ropcrty is unencumbered, ellcept for encumbrances of record. Bllrrower warranlS and will defend generally Ihe title 10 Ihe Properly against all claims and demand., subjecl 10 any cllclImbrill1CC\ of rcc()ru. Carlisle . , , . , . , , , .... 'Ici.;i ,.. .., , , . , , , TillS S[ClJR11 Y INS t RUMEN r c()Jnbinc~ unifurm covcllanl!i for national use and non-uniform covenants with limited variations by juri!idiclion to cllnstitute a uniform security ill~trumcnt covering real properlY. PENNSYLVANIA-S,ngl. fam,ly-fNMAIFHlMC UNifORM INSTRUMENT I EXHIBIT /1 hUIlK -(('J I'AL[ U~'U , , UNIH)RM COVENAN'ts Borrower and Lender co,;,cnanl and ogre.: a\ (ullow\: I, Plymenl or PrincipII Ind Inl....t; Preplymenl and I.lle Chara", 1I0rrower ,hallpromplly pay wheo due Ihe principal of and inlere,1 00 Ihe dehl evidenced hy Ihe Nole an<l any prepaymenl and laic charge, due under Ihe Nole. l. Funds for T.xe. and Insutlnc:e. Subjecllo ilr'plil:able law or 10 a wrltlen waiver by Lender, Borrower ,hall pay to Lender ofllhe day nlOnlhly J1aymcnl~ are due under lhe Noll:. unllllhc Note j'i paid in full, a sum C"Fuml\") etlual 10 one-lwelOh of: (a) yearly laxe" and U'i'iC'ismellt'i wlw.:h 11m)' all.IIII prioril)' O\'(r lhis Security In\lrunuml; (h) ycarly lea~ebold paymenl' or ground renh on the I-roper I)', if uny, (c) yearl)' ha/urd in\urullt:c: premium,,; and hH yellrl)' morlgage iraurullce premiums, if any. These items are called "escrow ilelll\," Lemler mil)' estimate Ihe FumJ" due: {lI1lhe ba,i~ nfcuU"cnl dilla and rtll"onahle e,limates ofruture escrow items. The Funll!\ ~hall be held in an in!ililUlion tht. depusils or Rccounts ur which arc insured or guaranteed hy a rcdcrill or slale agency (including Lender if l.ellder is ouch an in"ilUlilln). Lemler .hall apply Ihe Funds 10 pay Ihe e.cmw lIem'. lellder may nol charge for holdillg and applying Ihe Fund" analy/'illg Ihe accounl or verifYlllg Ihe e,crm\' lIem', unle" Lender pay. lIorrower inlere.1 nn Ihe Fund, and applicahle law penllll. Lender In make .uch a charge, lIorrower und Lender mny agree in wriling Ihal illlerest shnll be paid on Ihe FUlld" tJllb. un agreemelll is made or upplicahle law re(lui,.. inlere,llo he paid, lender shall nul be required 10 pay Borrllwcr ally inlere.1 or earning. un Ihe Fund,. Lender shall give lollorrower, wilhoul charge, an annualuccounling oflhe Fund, ,howillg eredil' un<l debit, lolhe FUlld, and Ihe purp<"e fur which euch <lebillo Ihe Funds was made. The Fund. are pledged '" addiliollal ,ecurily fur Ihe 'um' .ecured hy (hi" Securily Imtrumenl. If Ihe amnulIl of the FUlld. held by Lender,logelher wilh the fUlure mOlllhly paymelll. of Fund, payable prior 10 the due dRh~5 or the escrow Hem". shull exceed Ihe amount required In pny Ihe e~crnw ilems when due, Ihe e"ce~!Ii sl1l111 he, al lIorrower's oplion, either promplly repaid 10 lI",mwer or crediled 10 Borrower on mnnlhly pay men I. of Fund.. If Ihe amounl of Ihe Funds held by lender is nol sufficienllo pay Ihe e,cmw item. when due, lIorrower .hallpay 10 Lellder uny amoulIl nece..ary 10 make up Ihe denciency in nne or more pay men Is a. required by lender. Up<lIlpaymenl in full of all sums secured by Ihis Security In..rumenl, Lender .hallprlllnplly refund to lIormwer any Funds held by lender. If under paragraph 191he Pmperly is '01<1 or acquired hy l.ender, lender shall apply, 110 hller than immedialely prior to the ,ale of the Properly or il. acqui.itinn by Lender, any Funds held by Lender Illlhe lime of applicalinn as a eredil again'llhe .ums .ecured by Ihi. Securily 11I.lrumelll. J, Applleltlon or PlY men Is. Unless applicable law provide. olherwi,e, all pay men I. received by l.ender under paragraph. I alld 2 .hall be applied: nrsl, to lale charge. due under Ihe Nole; .eennd, 10 prepaymenl charges due under Ihe Nole; Ihird,lo amounlS payahle under paragraph 2; fourth, 10 illlere" <lue; Ilnd la'I, 10 principal due. 4. Charge.; LIen.. 1I0rrower ,hall pay alllue., ...essmenl., charge" nnes and impn.ilions allribulahle 10 Ihe Property which may allain priority over Ihis Security Inslrument, and Iea.ehold paymeots or ground renl., if any. Dorrower shall pay these obligalions in the manner provided in paragruph 2, or if nnlpaid in Ihal manner, lIorrower shall pay Ihem on lime direclly 10 Ihe person owed paymenl. Borrnwer .hallpromplly furni,h 10 Lender all nolices of amoulIl. to be paid under this paragraph. If Dorrower mak.. Ihese paymellls direclly, 1I0rrower shallpromplly furni.h 10 l.ellder reeeiplS evidencing the paymenls, 1I0rrower shallpromplly discharge any lien which has priorilY over Ihi. Seeurily Inslrumenl OJnle.. 1I0rrower: (a) agrees in wrilinglo the payment of the obligalion secured by Ihe lien in a manner acceplable 10 Lender; (b) cOlltests in good faith Ihe lien by, or defends againsl enforcemenl of the lien in, legalproceedillgs which in Ihe Lender's opinion operale 10 prevenllhe enforcement of Ihe lien or forfeilure of any pari of Ihe Property; or (c) .eeures from the holder of Ihe lien an ngreemenl snli,faclory 10 Lender subordinatinglhe lien to Ihis Security Inslrumelll. If Lender delermines that any pnrt of the Properly is ,ubjeet 10 a lien which may allain priority nver Ihis Security Inslrumenl, Lellder may give Dorrower a notice identifying the lien. Dorrower shall salisfy the lien or lake olle or mllre of Ihe aclions sel forlh above within 10 days of Ihe giving of nOliee, 5, lIuard Insurance, Dorrower shall keep the improvemellls IIOW e.isling or hereaner erecled on the Properly insured againsllo.. hy nre, hazards included withill the lerm "e.lended coverage" alld allY other hazards for which l.ellder requires in,urance, This insurance shall be maintained in the amoullls alld for Ihe periods Ihat l.ender requires, The insurance carrier providing the insurance shall be cho,en by 1I0rrower subjecl 10 lellder's approval which shall nol he unreasonably withheld, All insurance policies and renewals shall be acceplable 10 l.ellder and shall include a standard mortgage c1au.e, l.ender shall have the right 10 hold lhe policies and renewal., If l.ellder requires, 1I0rrower shallpromplly give 10 Leoder all receipts of paid premiums and renewal nOlices, In Ihe evelll of loss, IInrrower shall give prompl nolice lolhe illsurallce carrier and l.ender, l.ender may make proof 0(10.. if nolmade promplly hy lIorrower. Unless l.ender and Dorrower olherwise agree in wriling, insurance proceeds ,hall be applied 10 re..oralion or repair of Ihe Property damaged, if the resloration or repair is economically fea.ihle and l.ender's security is not lessened, If Ihe resloration or repair is not economically feasible or l.ender', ,ecurily would be lessened, the insurance proceeds shall be applied 10 Ihe sums secured by Ihis Security Instrumenl, whether or 1101 Ihell due, wilh any excess paid 10 1I0rrower. If Dorrower abandons Ihe Properly, or does nol an,wer wilhin 30 day' a nlltice from Lender Ihallhe insurance carrier has oITered 10 sellle a claim, Ihen Lender may collect the insurance proceed., l.ender may u,e Ihe proceed, to repair or re.lllre the Property or 10 pay sums secured by this Security Instrumenl, whelher or nollhen due. The 30,day period will begin when Ihe nolice is given. Unless Lender and Dorrower olherwi,e agree in wriling, any appliealion nfproceeds 10 principal shall nol e,lend or postpone Ihe due dale of Ihe monthly paymenls referred 10 in paragraph, I and 2 or change Ihe amounl oflhe paymenl., If under paragraph 191he Properly is acquired by l.ender, 1I0rrower's righllo any in,urance policies and proceeds resuiling from damage 10 Ihe Properly prior 10 Ihe acquisilion shallpa.. 10 Lender 10 Ihe eslenl oflhe sums secured by Ihi, Security Instrumenl immedialely prior 10 Ihe acquisilion. 6. Presenltlon and Malntenanee or Property; Leaseholds, Ilnrrower shallnnl deSlroy, damage or .ub'lanlially change Ihe Properly, allow Ihe ProperlY 10 deleriorale or commit w",le, If this Security In,lrumenl is on a lea,ehold, Dorrower shnll cnmply wilh Ihe provi.ions of Ihe len.., and if lIorm"er aC'i'IIIe. fee lille In Ihe Properl)', Ihe lcaschulJ and fee lille shall nol merge unless Len<ler agrees lolhe merger in wriling, 7. ProteeUon or Lender's Rlahts In the "roperty; lIIortaaae Insuranee, If Borrower fail. 10 perfnrm Ihe covenanl' and agreemenls cnnlained in Ihis Securily Instrumenl, or Ihere i, a legal proceeding Ihal may signincanlly alfecl Lender', righi' in Ihe Properly (such a, a proceeding in hank rupley, prohale, for Cllndemnalion or 10 enforee laws or regulatiol1~). then L.ender may do and pay fur whalcver ili nece!\,ury In pmlcl.t the value orlhe Properly and lender'!lj rights in the Properly. lender's actions may include paying illl)' surn!li ~ecurcd hy a lien which has priority over Ihis Security Instrument. Rppearing in courl. paying reasonable altorneys' rec!i ano Clltcrillg on Ihe Properly to make repairs. Although Lender may take action under Ihis paragraph 7, l.ender dtlt,'s 1101 hll\'c 10 ~Itllj(l, Any ao\Ounls disbur,ed by Lender uuder Ihi, paragraph 7 .hall hecull1e additional dehl of 1I0rrower .ecured by Ihi, Securily Instrument. Unless norrower and l.ender agree 10 nlher tcrm" of paymclll, these amounts shall bear interest from Ihe dale of dishursemenl al Ihe NOle rale and shall he payahle, wilh inlere.I, upnn nutice frum l.ender 10 Dorrower requesting payment. hOOK ',',':3 LILI Ubll If l.cnder rcquir.:d mortgage il1!iuram;c alii a condilion nf making the: loan ~c:curcd by Ihis Securily In~lrumc:nl. Borrow.:r \hall pu)' lhe: premiulll!lo required 10 mainlaln lhe Insurance: in cITC:CI unlil such lime: us Ihe requirement for the lII",urJIlCC: h:rJllinules in ul:cnrollnce wilh Unrwwer's amll.ender', wrillelt agrecmcnt or applicable law. 8. Inspectlun. I.ellder or ils agenl may make rc:a!oonahle cltnies upon and inspections of the Properly. l.ender ",hall gi'te lhlrrower notice at the time of ur prior tn all inspection specifyinS reasonable cause: rur the inspeclioJl. 9. Condemnation, The pn"'eed~ lIf any award lIr claim fllr damage~, direcl or consequenlial, in conneclion wilh any cllndemnalion or olher laking of any pari lIf Ihe Properly, or fur conveyance in lieu of condemnalion, are hereby il\\i@llt:dand shall be paid 10 l.ender. In Ihe e.enlllf II 11IIallakmg lIf Ihe 1''''perlY, Ihe pn",eed, ,hall he: applied lolhe ,urns secured hy Ihis SecurilY In"'Uulllenl, whether or nol Ihen duc, wilh any Ul'ess paid 1u Unrrnwf.f. In the event of u parliullaking of the Properly. unle..... Uorruwer und [.cnder tllherwt!ilc ugrec tn wrilius.the: !lurn! secured by this Securily Inslrument shull be: reduced by Ihe amllUIll of the proceed, mulliplled by Ihe flllluwing fracliun' (allhe IOlal amounl of Ihe sums .eeured immedialely he:forelhelaking, d"ided hy (hI Ihe fair markel .alueoflhe I'wperty Immediately he:fore Ihelaking, Any balance shaU he: paid hI Hormwc:r. If Ihe Pruperly is ahaodoned hy Burruwer, or if, afler nOlice hy I.ender 10 1I0rrower Ihallhe condemnor offers 10 make an award ur sell Ie a claim fur damage', Borrnwer fail, io re'pund lu I.ender wilhin 30 days afler Ihe dalelhe nolice is 8"en, I.ender i, aUlhuriled 10 colleel and IIpply Ihe pr,,,,eed,, al ils uption, eilher lu re,tomlion or repair uflhel'rnperty or I\llhe sum"ecured hy Ihi, SecnrllY Instrumenl, whether or nollheu due. L1nless lender and Borrower olhuwi,e agree in writing, any applicalion ofproceed~ 10 principal shallnol exlend or po'lpone Ihe due dale oflhe monlhly paymenU r([erred 10 in pllragraph~ I and 2 or change the IImount of such paymenls. 10, Oorro"er Nol Released; Forbearance lIy !.ender Nol a Waiver, E.len,ion of Ihe lime for pay men I or modificaliun of amurtiluliul1 of the SUIT1~ sc,urc:d by this SecurilY Instrument granted by l.ender to any successor in inlercltl (If nllrrower ~hallltol Ol'crlltc: 10 rdense: Ihe Iiahility uf the uriginul IJurrower or Burrower's successors in inlerest. lender !lhall not be required 10 commence pnK:cc:dings against ulty succe!lsor in inlerest or rduse to eXlend lime for paymenl or ulherwise modify umortilulion oflhe sums secured by Ihis SecurilY Inslrunll:n1 by reuson of any demand made by the: uriginallJurruwcl' ur lJorrower's succe~sors in inlcrcsl. Any forbearance by Lender in cllercising any right or remedy !thilll nnl be a wui'tcr of or preclude the: exercise: of any right or remedy. I J. Successors and Aulgns Oound; Jolnl and Severall.labllUy; Co-signers, The covenallls and agreemenlS of Ihi, SecurilY Instrumenl shall hind and he:ne"llhe ,uccessors and assign, of lender and Borrower, subject 10 Ihe provisions of paragraph 17. Dorrower'sc",eoa,"s aod agreemenlsshall hejoinl and ,everal. Any Borrower who co,signs Ihis Security In,lrumenl bUI does nol ..ecule Ihe Nole' (a) i, co,signing Ihi. Securily Instrument only to morlgnge, granl and convey Ihal 1I0rrower's i'llere,1 inlhe Properly under Ihe lerms of Ihis Security Instrumenl; (h) i, 1I0t persunally ohligaled 10 pay Ihe sums secured by this Securlly In,lrumenl; alld (c) agrees Ihal lender and allY olher Borrower may agree 10 e.lend, modify, forhear or make allY aCCnmllllKlalilln' with regard 10 Ihe lerm' of this SecurilY IlIslrument or Ihe Nole withoul Ihal Burrower's consenl. 12, I.oan Charges, If Ihe loan ,ecured hy Ihis Securily Inslrumelll is subject 10 a law which sels maximum loan churges, and thai law is "nally inlerpretd so Ihat Ihe inler",,1 or olher loan charges colleeled or 10 be collected in conneclion wilh Ihe loan e.ceed Ihe permilled Ii mils, Ihen: (a) any such loan charge ,hall be reduced by Ihe amount necessary 10 reduce Ihe charge tOlhe perrnilled limit; and (b) any ,um~ already colle<led from Borrower which e.ceeded permilled Iimils will he: refunded 10 1I,,,rower. lender may choo,e 10 make this refund by reducing Ihe principal owed under Ihe NOle or by making a direcl payment 10 1I0rrower. If a refund reduces principal, Ihe reduclion will he: Irealed as a parlial prepayment wilhoulany prepaymenl charge under Ihe Nole. \3, I.elllslallon Alfeellng Lender's Rlllhl.. If enaelmenl or expiration of applicable taws has Ihe effect of rendering any provision orahe NOle or this Security Instrumenl unenforceable according 10 ils lerms. lender. at ils oPlion. may require immediate paym<lll in full of all 'oms secured hy Ihis Security Inslrumenl and may invoke any remedies permilled by paragraph 19. If lender e.ercises Ihis oplion, lenders hall lake the sleps specWed inlhe second paragraph of paragraph 17, 14, Nollee., Any nolicelo Borrower prnvided for in Ihis SecurilY IlIstrumenl shall be given by delivering il or hy mailing II by "r51 class mail unless applicable law requires u,e of anolher melhod, The nolice shall be direcled to Ihe PrnperlY Addre.. or any olher address Ilorrower de,ignales by nolice to lender. Any notice to lender shall be given by first class muitto l.ender's addre!los staled herein or any olher address Lender designates by notice 10 Borrower. Any nolice provided for in Ihis SecurilY Instrumenl shall he deemed 10 have been given 10 Uorrowcr or Lender when given us provided ",Ihi, paragraph. IS, Guvernlnlllaw; Severability, Thi~ Securily In,lrumenl ,hall be governed hy federal law and Ihe law of the Jumdicllllll in which the Properly i, i<",aled. Inthe evenllhat any pro.ision or clause of Ihis Security Inslrumenl or the Nute cnnniCh with applicable law, such cunniet shall nol alTect other provisions of this SecurilY Inslrument or the NOIe: ",11Il.:h can be given cITed withoullhe connicling provision. To this end lhe provisions oflhis Security Inslrumenl and Ihe Nute arc dcdar~d 10 be sc...erablc. 16. narrower's Copy. Burrowcr shull bc givcn onc conformed copy of 1111: Nntc and nflhis Security Instrumen1. 17, Transfer of Ihe Properly or a lIenelielallnler.sl In lIorro".r. If 1111 nr any pari nf Ihe Properly or any illlerc",1 in it h~ suld or lransferred (or if a hClldkial illlcresl in Borrm\'er is sold or transfcrred ami J)urruwer is nola natural pcr\un) without lender's prior written l.:lIl1Scnl. Lender may, at its oplinn. require immediale pllyment in full of all sums :..cl.:urcd b)' Ihis Securily Instrument. fft:wc\'cr, Ihi... oplinn ...hall I1nl hl~ e.\erci\cd by Lender if cxerci...e is prohihiled by fedcrallaw as oflh:: dale oflhi... SCl.:urity 11I"'lrulI1clIl. If Lender CAen.:isc!lo Ihis oplioll, LCluler shall give nnrrower nolice of uccclcratioTt. The notice shall provide a period of IIlll h:ss Ihan 3D days from Ihe dale lhe notice is delivered or mailed wilhin which Borrower musl pay all sums secured by II", Securily Inmol11ent. If IInrrnwer f...l, tn pay the,e ,urn' prinr tolhe e.piralion nf this perind, I.ender may invnke 1Iny remcdles permilh:d by I hi!"! SecurilY Inslrumcnl withoul further n(llke or demand on Uorrower. t8, [Jorrower's Righi to Reinstllte. If Borrower meets cerlain l.:onditions, Borrower shall have Ihe right to have cnforccmcnl of lhi!lo Sc-curily InslfUml'llldi\conlllllu:d III allY lime prior In Ihe carlier of: (a) 5 days (or such olher period as upplh:..tblc law may spedfy for n:in"'lalef!ll'lll) before sale of Ihe PropefiY pursuant 10 any power ofsale cuntained in this S~l'lInl} II1\trumenl, ()r (b) clllr)' (If il JlIugmellll'lIfl1rcing lhi", S~l'urily Instrument. Those cUlldilinn~ urc: thai Uorrowc:r: (ill P,t)' I.culler all 'lilli' whid. IhclI "0\1111 tw due: IInder lhi, Securily 1I"lrulIlelll ami lhe Nule had no lln'clcration lI........urred. (b) l'ure\ any dcfaull Ill' any other l"tI\cnallts or lIgrel'l11enls; (c) pays all cxpenses incurred in enforcing Ihis Sl'I.:Urll) IlI\lruml'nI. mduding, but 1101 limited to, rca\{lI1able altorneys' fees; ami (d) takes such action as Lender may rc.."ilIlOthl)' rcqUlf<<: In u"urc Ihal lhl' lien of Ihi", Sl'l'urily Instruml'nt, l.ender's fights in the Properly and Borrower's unhgilllilll 10 PU) Ihe "'lUll" ",cl.:urcd by Ih" Se(unty 11I\lrUlltcnl sllitll conlinue unchanged. Upon reinstatemenl by Bllrfll"Cr, thl' St."....Urtly 111\1 rUlllell1 i1nllthe (lhhg;'IIUUl' \ccured herehy ",hall rell1iUI1 full)' clfl'clivc us ifno Hccelcration had Ill.-I,:urrnl 111I"l'\l'r, Ihl'" ng,ht Itl rellt",lale ...halllllll apply IlIlhl' Cit"'~ oful:ccleralloll under paragraph... IJ (If 17. IIIO~. ',,:1 I.\[.l Uk I Nl )N.UNI' ORM CUV":N"NTS lJorro....er and l.ender rurlher l:11...Cllalll illld agree .1' rlllhl"" 19. Acceleration: Remedies. I.ender shall Kin notice to lJorrulter prior 10 aertleralion rollln"lnK IlnrrU\u,', breach oh.y co.....1 orair..m..II. Ihl. S.curlly I.strum..t lbul nut priur In .cc.I...llun under p.rairaphs IJ .nd t7 u.I..1 Ippllcobll I... pro,ld.. oth.r..ls.I, ".nd.r sh.n nollry 1I0rru.... ur, Imuna IIlh.r Ihlnas: (.llh. derlull; Ibllh. .cllon r.qulred 10 cun Ih. d.r.ull; (cl ..h.n Ih. dor.ull mU51 b. cur.d; .nd Idllh.1 r.llure 10 cur. Ih. d.r.ull .. sp.c1I1.d m.y r..ulll. .cc.I...llo. or Ih. .um. .ecuf.d by Ihll Securlly I.slrum.nl, rureclu.ur. by judicial proce.dlng .nd ,.1. ur Ih. Properly,I.c.d.rsh.1I rurlh.r I.rurm 1I0rro...r ullh. rlaMlu rrl.,tole .rtcr oc.e1er.llun .nd Ih. riihllu..serlln thc (or.tlo..r. proce.ding Ih. .on.nl.tenc. 0(. der.ullur any other deren.e ur lIurru"er tu Ic.e1erallun and rureelusure, II Ih. def.ult I. nol eur.d ..Ipeclll.d, hnder .1 It. opllon m.y requlrelmmedl.te puyment In rull ur .1I.um, .eeured hy Ihl, S.eurlty In.trum.nl ..lthoul (urther dem.nd Ind mly ror.clu.. thl, Seeurlly In.trumenl by judlel.1 proc..dlna. ".nder .hlll be .nllll.d 10 eoll.cl.1I up.n...lncurr.d In pursulna Ihe r.medl.. pru,lded In thl, p.r.ar.ph 19, Ineludlng, bul nut IImlled 10, .Uorn.y.' ree. Md co... or 1111. .,Idene.lo Ih. ul.nl permlll.d by .ppllc.bl.I..., 20. tender In POIHulon. Upon acceleration under paranraph III or abal1llollmenl or lhe Properl)', l.rndc:r (m penon, by alent or by judicially appointed receiver) !liha~1 be (,Iltllled III ~ntcr upon, take ptl'sc~,i()lI of and mlU1llgc the Prnperly and to collecllhe rents or .he )'ropert)' induding tho!lic pu,t due. Any rCIII\ l'olkclcd by Lcnder Of Ihe rccdver shall be applied finl to payment of the co!il~ of manalcmcnl of the Properly and collectum of rent\, including. but nnt limited 10, rel:eiver's fee!i. premiums nn recci\lcr's bunds and reasolluhlc allnrneys' fee" and then 10 the sums secured by this Security In,trument. 11. R.I.Uf. Upon p.yment or all .um. ...:ured by this Securlly '",Irumenl, I.ender .hall di."harge Ihi. Se"urity In,lrumenl wilhout charge to Borrower, Borrow.r .h.1I pay any recurdation Co.ls. 11. R.lnlllllm.nl P.rlod. 1I0rrower', lime 10 re,"'lale provided in paragraph 18 ,hall eslend 10 one hour prior III Ihe commencemenl of bidding at a sherifr. .ale or olhersale pursuant 10 Ihi, Security InslrUmenl. 13. Pure hue Mon.y Morll.a.. II any orlhe debl secured by this Sc"urily Instrumenl i.lent lollorrower 10 acquire tillelolhe Property, this Securily Inmumenl shall be a purcha.e money mortgage, 14,lnl.r"1 R.I. Art.r Judim.nl. Borrower agre.. Ih'llhe inleresl rale payable an.r ajudgment is enlered onlhe Nol. or in In .ction ofmorlgag. rOrecl05Urf .hall be the ral. pay.ble from lime to tim. under Ihe Nole, 15. Rld.n 10 Ihll S..urlly Inllrom.nl. If on. or more liders ar. e"culed by Ikmower and r.cord.d logelher with Ihis Securily Inllrumenl, Ihe coven.nl. .nd Igreemenl. or .ach .ueh rider .hall be Incorporaled inlo and .hall amend and .upplemenl Ih. coven.nlS and Igreem.nl. of Ihi. Securily In,lrum.nt a. if Ih. rider(s) were a pari or this Security In.lrument. [Check Ipplicable 00,(,,)] [ij Adjustabl. Ral. Rid.r o Gradualed Paymenl Rider o Olher(.) [.pecify) o Condominium Rider o Pianned Unit D.velopmenl o 2-4 Fomily Rider Rid.r By SIGNING BELOW, Borrower acc.pl. and agre.. 10 Ih. Icrm. and covenant. conlained in Ihi. Security In.lrumenlan any rider(.) esecuted by Borrower and recorded wilh il. WitnCS5fS: /,7 / ;;;c.,~..., ..,tJdt~,.... ~..,..,4~~""'(Seal) Wilbur G. smft.'h -8.,,_ ~~, 78.t..1~ .......,.........,......................................,..,..........,..,...,..........(Se.I) Louis Belie -Bot",,,.,, COMMONWEALTH OF PENNSYI.VANIA, Cumberland County.s: Onlhi',.lh. liJ.t day or nfl:..i ,1985 . berure me, .1 "/)"la,411 Pi I hi. c the undersigned officer, persnnally appellr.d Wi 1 hilT' G !'lmi th ' and Louis Belie known to m. (or sali,rllctorily proven) 10 belh. persnnR who.. nllme sarli suhscribcd to the wilhin inslrumenl and acknowlcdgcd that they c,eclllcd Ihe sal11e for the purpo.c. herein conlained, _,\\IUI',1 IN WITNESS WIIERHJI',I hereunto .et my hand and official 'C;II. "~\'\ ^;'. ", / \. I .J. \<\"').'1 ...:: .... My Commission e'pircs: '.., /1..L It. -,..., ":.~ '. ;. Ill"n M, Orllty, ~l'ry 'Public j ," ; ~ ____l:!!mmus..J'LJl.llJgJI.~ Co "'!. '~,: My Commi..181f ~ISlV.~1-~~~~)j$ii.. ':~. i.;..' I cerlify Ihat Ihe precise placellrbusine.. olllle wilhin named Murlgagee is 17 W, IIigh Str;'.{,<t,'.'(ii.'f'. ~(~f70I3, "".".""' ,\ II I" '/ ' , . .1I.F.CORDiD in Ih. Offic. fllr Recurding Ilf Dced, in Illld fm .. ~.--;....., .. '--'47;> III MOrlga~e \lonk '. No. -' '..,' ~ -~ ., '- :1>11. , .' ,,-; 0{.. , ~ \ .. , . /',~,( - ::-. ~h ,t.' .....1 "'..' .. . ...... ' ... . ,- ) / ~..r/'''#-'' ."I~ / / .J (~"".I''' , ./ ,. I'agc '> " ,/ &c, " ":,- ) '<, \oj ," ... -.' ',J /, / )C'. '0 ~ Rccorder ,'I. . . I I . ' .' ~ \. I\UIJ~ '(';'a 1M i ~J~:~ ~ ADJUSTABLE RATE RIDER THIS ADJUSTABLJo~ RATE RIIlER is mode thiS/fl.1 doy of ...Lriv.~.~/......., , 19 ..~.~... . ond is incorporated inlo ond shall be deemed to IImeml and Hupplenll'nt th.rMortgage, Deed of Trust or Security Deed (the "Security Instrument") of the slime dnte given by the undersigned (the "Borrower") to sccure Borrower's Adjustable Rote Note (the "Note") to ..Car.1ia1e...Bul1ding...and...Loan............,.... .....AslI.ociat.lon..................... ...... (the "Lender") of the Hllmo dllte Ilnd covering the property described in the Security Instrumentllnd locllted Ilt: 91 .,ga;r;m9!1Y"IJ.a.~,,~...Rg,a,4.,..~~.~.U!l~.E;!.l,..:P.!\.......;I,.7.QP..,....... .....".,..........".,.."....,..................,.......,......."......,......... (Pruperty Addrt>881 THE NOTE CONTAINS PROVISIONS ALLOWING FOn CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. IF THE INTEREST RATE INCREASES, THE BORnOWI<~R'S MONTHLY PA Y. MENTS WILL BE 1IIGHEn. IJo' THE INTEHEST RATI<~ DI<~CREASES, THE BORHOWER'S MONTHLY PAYMENTS WILL BE LOWER. ADDITIONAL COVENANTS, In addition to the coven lints and ogreements mllde in the Security Instrument, Bo~rower ond Lender further covenant and ogree os follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initiol interest rote of .....lO....5..., %, The Note provides for changes in the Interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of .................1l.~p.,1:~.l11,b..!!.:r.... , 19 ,~,~.... ,and on that day every ..,12 th month thereafter, Each date on which my interest rate could change is called a "Change Date," (B) The Index Beginning with the first Change Date. my interest rate will be based on an Index, The "Index" is the: (ChecJt one box to indicate Index.) !D" (i) Weekly average yield on United States Treasury securities adjusted to a constant maturity of ..,.......011&................................ years, as made avoilable by the Federal Reserve Board. 0" (ii) "Contract Interest Rate, Purchased of Previously Occupied Homes, National Average for all Major Types of Lenders" published by the Federal Home Loan Bank Board, 0" (iii) ....,..............,....................................,..........................,...........,.....,.....,...................................,.......,........,..............,.............. ............................................................................................................................",.........",............................"......................."....................... -1/ mo" thean on, boz i. tII,dr,d or il no box i. ch,rlttd. and Lind" and Borroll'trdo Rell othrrwi., aRr" in writinlt. th, lirll/ndu namld will apply. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new Index which is based upon comparable information, The Note Holder will give me notice of this choice, (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding ....,..............,. ..........thX'.llIL.................... percentage points ( .....,......3..... %) to the Current Index. (Chec" ont box tu indicate whtthtr the ntw inttrt.t rate will or will nut ht roundtd tn the ntar,,' ',i of 1% (0.1359\ ).} IU (i) The sum, subject to the provision a set forth in section (C) (iii), (C) (iv), (e) (v), and (C) (vi) will be my new interest rate until the next change date, o (ii) The Note Holder will then round the result of this addition to the nearest one,eighth of one percentage point (0.125%). This rounded amount, subject to the provisions set forth in section (C) (iiil, (C) (iv), (C) (v), and (C) (vi) will be my new Interest rute until the Ilext change date, (Chec" appropriate bon. tu indicate ulhether there are any maximum limi'. nn chanl/e. in the intere.t rate on each Chanse /Jdte; if no box i. checlced there will be no maximum limit on change..) o (iii) There are no maximum limits on any changes in the interest rate at any Change Date, I!D (iv) The interest rate cannot be changed by more thon .....two..(2'.).............. percentage points at any Change Dote, ~(v)Theinterest rate cannot increase to more than .five. 15.\ l.. ... percentage points at any time during the loan term. IU (vi)The interest rute cannot decrease to les9 than ..fi'l9" (5\). ... percentage points at any time during the loan term. The Note holder will then determine the amount of the monthly payment that would be sufficient to repay the principal I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments, The result of this calculation will be the new amountofmy monthly payment. (0) Effective Date ofChunges My new interest rate will become effective on each ChullKe Date, I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment chonges allain. MULTIITATI! ADJlJSTABlE RATE RIDER. Single Family bUO~ '(';::1 I M.f :JH:1 .. COPVlIghl Ray Hoogh Company. Inc 1114 . ADJUSTABLE RATE NOTE THIS NOTE CONT AINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. IFMY INTEREST RATE INCREASES, MY MONTHLY PAYMENTS WILL BE HIGHER. IF MY INTEREST RATE DECREASES, MY MONTHLY PAYMENTS WILL BE LOWER. ................................................,19........,. .... ""...,.....P.ennsy,lv.ania,..,............. (Stale) ,.........".."........,..,...............,........'1 (City) 9.l.....H.a-l:'l11Q.ny..I:l~}.}...,BQ.~t;l,....G.~~,+.~~J.~.I.....p.,i'\....J.7.,!Ll,.}...............................,..........,.....,..,..........,..,....,.............. (Properly Add,...) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ ,..9.0...0.0.0...0.0...... (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is ....~g:~.h~~...!N,U~,tr:\g..,.......,.., ..........,..~~..,!,'?~':\...~,~,~'?<::.!,!1:U9r:\.....................,............,....,.....................,...,.........,....,..,...........,................,..........,..................... I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder". 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at ayearly rate of .......lO.,5. %, The interest rate I will pay will change in accordancs with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month, I will make my monthly payments on the first day of each month beginning on J.une...L.................. .................................................. ,19 ..85.. , I will make these payments every month until I have paid all of ths principal and interest and any other charges described below that I may owe under this Note, My monthly payments will be applied to interest before principal. If, on .Apx:il............l.,........ , ..,20.15........., ,I still owe amounts under this Note, I will pay those amounts in full on that date, which is called ths "maturity data." I will make my monthly payments at .......u...W.....High..Str.e.et,...Car.l.isle.....PA.....UO.1.3.......,.."......,... ......"." ,.. ...................,. ,..,..,.......... ....... ............. .................,............".",..,..... ...,..,.. ,......... ,.... ,........ ..,............... ....,........ or at a different place if required by the Note Holder, (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount ofU.S, $ ..8.0,9...9.9................ . This amount may change, (C) Monthly Payment Changee Changes in my mont.hly payment will reflect changes in the interest rate that I must pay, The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of.. ..Sep.tember...................... , 19 .86.... ,and on that day every J.2....th month thereafter, Each date on which my interest rate could chang~ is called a "Change Date." EXHIBIT MULTISTATE ADJUSTABLE RATE NOTE -- 5"'g\~ Flmtl't' , 15 r CoPVrlght RI'" Houg" Camp.ny, IMe 1184 (8) The Index Beginning with the first Chung. Dute, my intereHt rate will be bused on un Index, The "Index" is the: ICh"Jc on,,- box to indicate Indtx J fi" (i) Weekly averoge yield on United States Treusury securities adjusted to a constant maturity of ........<)n................. . yeurs, us mude uvuilable by the Federul Reserve Board. DO (HI "Contract Interest Rute, Purchused of Previously Occupied Homes, National Average for all Major Types of Lenders .. published by the Federal Home Loan Bank Board. 0" (iii) ........ .....................,.."....... . It '"Off ''\11'' OM bo. ,. rlttd,~ or If nu bo.ll' rltrchd, And 1.#nd.,,,,,d &'1TJ",."lIo "tit oll.lrwlU Ollf.. UI umtln.lf, rI..I".' Indu "dmH 14"lIlJpply. The most recent Index figure avuilable as ofths date 45 days before each Change Date is ~alled the "Current Index," If the Index is no longer available, the Note Holder will choose a new Index which is based upon comparable information. The Note Holder will give me notice of this choice, (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding ...,................ .........~h.r"."..........,........ percentage points ( .....3..... 'Ib) to the Current Index, (Chtc}, on, 00% to indicate wht,II" th, new inttr,d rat, will or u..m not be rounded to tht n'artlt 'It oll~ (0.12511'0),) a(i) The sum, subject to the provisions set forth in section (C)(iii), (C) (iv), (C) (v), and (C) (vi) will be my new interest rate until the next change date, o (ii) The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%), Thi. rounded amount, subject to the provisions set forth in section (C) (iii), (C) (iv), (C) (v), and (C) (vi) will be my new interest rate until the next change date. (ChIcle appropriate bOXtllO indicat, whether th", art any maximum limit. on changel in tlu inttrt.t rat, on ,ach Change Da,,; if no box u, ch,clceel th", willlu no maximum limit on chongtt.) o (iii) There are no maximum limits on any changes in the interest rate at any Change Date. lOc(iv) The interest rate cannot be changed by more than ..t.wa..J2.\.L............... percentage points at any Change Date. IO((v)The interest rate cannot increase .more than ....fiv..L.(5.\.L............ percentage points at any time during the loan term, ~vi)The interest rate cannot decrease to less than .UYIL.t~,'L............. percentage points at any time during the loan term, The Note holder will then determine the amount of the monthly payment that would be sufficient to repay the principal I am expected to owe at the Change Date in full on the maturitydateat my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again, (E) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change, The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I ma.v have regarding the notice, 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so, I may make a full prepayment or purtial prepayments without paying any prepayment charge, The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note,lfI make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder aICree8 in writinlC to those chanlCes. My partial prepayment will reduce the amount oi my monthly payments after the firstChanlCe Date followinlC my partial prepayment. However, any reduction due to my partial prepayment may be offset by un interest rate increase, 6. LOAN CHAnm;S If a IIIW, which IIpplie8 to this IOlln IInd which sets maximum 101111 charges, is finally interpreted 80 that the interest or other IOlln chllrj(es collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such 10lln chllrj(e shull be reduced by the umount necessary to reduce the churj(e to the permitted limit; und Oi) any sums ulready collected from me which exceeded permitted limits will be refunded to me, The Note Holder muy choose to make this refund by reducing the principal lows under this Note or by mukinll a direct payment to me.lfa refund reduces principal, the reduction will be treated as a partial prepayment, 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any mon thly payment by the end of ,..l..'L.........,..... calendar days after the date it is due,l will pay a late charge to the Note Holder. The amount of the charge will be ............L.. % of my overdue payment of principal and interest. I will pay this late charg8 promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be In default. (C) Notice of Default If I am In default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be atleast 30 days after the date on which the notice is delivered or mailed to me, (D) No Waiver by Note Holder Even if, at a time when I am In default, the Note Holder does not require me to pay immediately in full ae described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all its costs and expenses to the extent not prohibited by applicable law, Those expenses include, for example, reasonable attorneys' fees, 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me atthe Property Addresuboveor at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under thie Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(Al above or at a different address If! am given a notice of that different address, 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ifmore than one person signs this Note, each person is fully and personally obligatsd to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things, Any person who takes over these obligations, including the obligations ofa guarantor, surety or endorser of this Nots, is also obligated to keep 011 of the promises made in this Note, The Note Holder may enforce its rights under this Note against ellch person individually or against all of us together. This means that anyone of us may be required to pay all of the amounte owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amount.a due, "Notice of dishonor" means the riRht to require the Note Holder to give notice to other persons that amounts due have not been paid, 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from pos8ible 101188 which mil{ht result if I do not keep the promises which I make in thie Note, That Security Inltrum.nt describes how and under what conditions I may be required to make immediate payment in full of all umounts I owe under this Note. Some of those conditions are described as follows: Trnnsfer of the Property or n Beneficlnllnterest In Borrower. If all or any part of the Property or any interest in it is sold or transferrt!d (or if a beneficial interest in Borrower is sold or transferred and Borrower is not II natural pt!rson) without Lender's prior written consent, Lender may, at its option, require immediate paymt!nt in full of all sums secured by this Security Instrument. However, this option shall not be exercised by LenderifexerciHe is prohibited by federal law as of the dnte ofthis Security Instrument. Lender ulso shall not exercise this option if: (a) Borrower causes to be submitted to lender information required by Lender to evaluate the intended trllnsferee as if a new lonn were being mnde to the transferee; (b) Lender reasonably determines that Lender's security will not be impnlred by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan nssumption, Lender may also require the transferee to sign an nssumption agreement thnt is acceptable to Lender nnd that obligates the transferee to keep all promises and agreements mnde in the Note nnd In this Security Instrument. Borrower will continue to be obligated under the Note nnd this Security Instrument unless Lender releases Borrower in writing, If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, E ~ SEAL(S) OF THE UNDERSIGNED. lL;<tf2Z..;;;;~~~i:!~:a~~~"~ ~ /:kk ............,..~..................,.,...,..............,......................(Seal) Louis Belic Borrower Witnell ........................................................................................,.............. ......................................................,.................,....,.....,......(Sea\) Borrow" (Silln Original Only) Witnt" IDHARRIS. IiI SAVINGS BANK 235 :-Iorth Second SlIcer p. 0, Box 17\1 Harrisburg, Pennsylvania 17105-1711 717/236,4041 May /6, /997 NOTICE OF /NTENTION TO FORECLOSE MORTGAGE Pt7/bur G. Smith 9/ Harmony HallRoad Carlisle, PA 170/3 Dear Mortgagor: The MORTGAGE held by the Harris Savings Bank (hereafter we, us, or ours) on your property located at 9/ Harmony Hall Road. Carlisle, PA /70/3 /S IN SERIOUS DEFAULT because you have not made payments of 572/.7 J for the mOll/hs of January, Febroary, March, April and May /997, and 5783,00 for forced place insurance; plus Late charges (and other charge~~ have also accroed to this date in the amollnt of 5 J 15,48, The total amount now required to cure this default, or in other words, get caught up in )lOIIr paymellts, as of the date of this letter is 54. 507, 03, YOII may cure this defalllt withill llilRTY (30) DA YS of the date of this leller, by paying to us the above cunount of 54,507,03 plus allY ad.1itio/IQI mOlllhly paymell/S alld late charges which may fall due during this period Such paymell1 must be made either ill CASH, CASHIER'S CHECK, CER17FIED CHECK OR MONEY ORDER. aJ/d made at aTl)' of our offices, Jjyou do not cure the default withill THIRTY (30) DAYS, we intelld to exercise ollr right to accelerate the mortgage paymellts. This means that whatever is owillg all the origillal amOlllll bonvwed will be considered due immediately and you may lose the chance to pay off the original mortgage in mOllthly installments, Jj full pa}-mell/ of the amount of default is 1I0t made withill llilR7Y (30) DAYS, we also ill/elld to instruct our attorneys to start a lawsuit to foreclose your mortgaged property, Jj the mortgage is foreclosed, your mortgage property will be sold by the sheriff to pay off the mortgage debt, Jj we refer your case to ollr attorneys, but YOIl cure the default before they begin legal proceedings against you, you will still have to pay the reaso/IQble attorney's even if they are over 550,00. Any allorne)lS fees will he added to whatever you owe us, which may also mclude OIIr reasonable costs. If you cure the default within the llilRTY (30) DAY period. you will 1I0t he reqllired to pay attorneys fees. We may also sue you persona/Jy for the unpaid principal balance and a/J other sums due untkr tM mortgage. !f you haw not cured the defaull within the Ihirly day period and foreclosure proceedings have begun, you sti/J have Ihe right to cure the ckfaull and prevent the sale at al!)l time up 10 one hOllr before tM SMrif/'S foreclosure sale, YOII may do so by paying the total amOllIll of the unpaid mOn/hly payments plus any late or other charges then due, as Ihe reasonable aI/arney's fees aluJ costs connected with the foreclosure sale (and per/ann allY other requirements IInder the mortgage). It is estimated thai the earliest date thai such a sheriff's sale collld be held wOllld be approximately December /0, /997. A notice of the date of the sheriff's sale will be senlto yoll before the sale, Of COllrse, Ihe alnOllnl needed to cure Ihe defaull will increase the. longer you wait, You may find Oul al any time exactly what the required payment will be by ca/ling liS allhe fo/Jowing number: 232-666/ ex(, 6240 or /-800-554-4572 ext, 6240, This paymenl mllsl be in CASH, CASH/ER'S CHECK, CERTIFIED CHECK OR MONEY ORDER aluJ made payable 10 liS allhe address stated above. You shollld realize that a sheriffs sale will end your ownership of the mortgaged properly and YOllr righllo remain ill it, !f yoll cOlltimle 10 live ill Ihe property ajler Ihe i>heriff's sale, a lawsuil cOllld be s/arled 10 evict )1011, You have additional rights 10 help prolect )lour inlerest in Ihe property, YOU HA VE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT. OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU NL4Y HA VE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO Will ASSUME THE MORTGAGE DEBT. PROVIDED THA TAU mE OUTSTANDING PA YlvlENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND mAT mE OTHER REQUIREMENTS UNDER mE MORTGAGE ARE SA l1SFIED). CONTACT US TO DETERMINE UNDER WHATCTRCUMSTANCES THIS RIGHT NUGHT EXIST. YOU HA VE THE RIGHT TO HAVE THIS DEFA UL T CURED BY ANYTHIRDPAR1Y ACTING ON YOUR BEHALF. !fYOII cure Ihe defalllt, the /IIortgage will be restored to Ihe same pasition as ifllo default had occurred However, yoll are 1101 entitled to this right to ellre YOllr defallll more thall Ihree limes in any calendar year, Sincerely )IOlIrs, Lisa Marsh Colleclion Supervisor VvUv.v IDHARRIS. o SAVINGS BANK 235 :-Iortn Second Street P. O. Box 1711 Harrisburg, Pennsylvania 17105,1711 717/236-4041 May 16, 1997 ro~~~~~~~~rom~~~~~ Louis Belie 91 Harmony Hall Road Carlisle, PA 17013 Dear Mortgagor: Enclosed herewith is the Notice of Intent of Foreclosure as required by Act 6. YOII haw previously received a Notice under Act 91 of 1983 which set out certain rights and remedies available to you as a mortgogor in default, The enclosed Act 6 Notice of Intention to Foreclose gives you notice of certain additional remedies which are independent of any remedies and rights you have under Act 91, The total uf your nghts includes both your rights. Very tnlly yours, Lisa Marsh Collection Supervisor 1.M'vw Enclosure: We may a/so sue you personally for Ihe unpaid princifXIl balance and a/l olher ~llms due under Ihe mortgage. /j you have nOI '1Jred lire defaull wi/hm Ihe Ihirty day period and foreclo~llre proc'eedings haw begun, you slill haw the righlto 'lITe Ihe defaull and prew1IIIhe sale all11!)! lime up /0 one hour before lhe sheriffs foreclosure sale. You may do so by paying Ihe lolal cunolll/I of Ihe 1l1lfXIid m01llhly payments plus any lale or olher charges Ihen due, ar the rearonable allomey's fees and COl'lS connecled wilh Ihe foreclosure sale (wid perform cmy OIher reql/iremems ,miler Ihe mortgage). II is estimaled lhal Ihe earliesl dale 1/1(11 such a sheriffs sale could be held woulei he applOximalely December /0. /997. A nolice of Ihe dale of Ihe sheriffs sale will be se1ll10 you before Ihe sale, Of caurse, Ihe CU/lOll1lt needed 10 CIIre Ihe defal/II will increare Ihe.longer yOlI wail, You may find oul al any time e;wclly what lhe required fXlyment will be by calling us allhe following number: 2J2-666/ exl, 6240 or /-800-554-1572 exI, 62-10, This payment musl be in CASH. CASHIER'S CHECK, CERITFIED CHECK OR MONEY ORDER a1uJ made fXlyable 10 liS allhe address slaled above. You should realize lhal a sheriffs sale will e,ldyour ownership of Ihe morlgaged property and your righl 10 remain in it, If;ou comi/llJe 10 live in Ihe property after Ihi sheriff's sale, a law~uit cauld be slaTled 10 evicl you, You have additional rights 10 help prolecl your inleresl in Ihe property, YOU HA VE mE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT. OR TO BORROW MONEY FROM ANomER LENDING INSITTUTlON TO PAY OFF mls DEBT. (YOU A-VI Y HA VE mE RIGHT TO SEll OR TRANSFER mE PROPER7Y SUBJECT TO mE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUlvIE THE MORTGAGE DEBT. PROHDED THA TAU THE OW"STANDING PA YMENTS, CHARGES AND A rrORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT mE SALE, AND THAT THE omER REQUlREl'vIENTS UNDER THE A.fORTGAGE ARE SAITSFIED). CONTACT US TO DETER.'vUNE UNDER WHA T CIRCL ?/STANCES THIS RIGHT !vUGHT EXIST. YOU HA VE mE RIGHT TO HA VE THIS DEFAUL TCURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. /jyou cure Ihe defaull, the mortgage will be reslored 10 Ihe sanle position as ifno defaull had occun-ed However, you are not emilled 10 Ihis right 10 cure YOl" defaull more lhan Ihree times in any calendar year. Sincerely yours, Lisa Marsh Collection Supervisor IM/vw IDHARRIS' Ii) SAVINGS BANK '235 Surth SCl'(>IId Street P U.llnx 171\ J1Jr",btlr~. PCllluylvania 17105.1711 7172:1ti..ItHI May 19, 1997 1ht subscriber below of the U. S. Post Office locared ar the Federal Building, 228 Wa/nUJ Street, Harrisburg, PA, does hereby certify that an envelope war mailed with postage repaid by First Class Mailfrom the Hanis Savings Bank, addressed to Wilbur G. Smith, 91 HamlOny Hall Road, Carlisle, PA 17013 properly deposited in the U. S. Mailfor delivery this 19rh day of May, 1997 U. S, Post Office -- By: Federal Building Harrisburg, PA IDHARRIS8 D SAVINGS BANK ~:j5 Sunh Second Street r~ u, Bux 1711 lIarrishurg. Pennsylvania 17\05,1711 71 7/ ~36,.1U41 May 19. 1997 The subscriber below of the U. S. Post Office located at the Federal Building. 228 Walnut Street. Harrisburg. PA. dues hereby eerrify that an envelope was mailed with postage repaid by First Class Mailfrom the Harris Savings Bank. addressed 10 Louis Belie. 91 Hannony Hall Road, Carlisle. PA 17013 properly deposited in the U. S. Mailfor delivery this 19th day of May, 1997 U. S, Post Office By: Federal Building Harrisburg. PA IDHARRISa ~ SAVINGS BANK ~35 North Second Street P. a.llox 1711 Harrisburg, Pennsylvania 17105,1711 717/~36,40.11 ACT91 NOTICE TAKE ACTION TO SA lIE YOUR HOII-IE FROM FORECLOSURE The Commonwealth of Pennsylvanias Homeowner's 'Emergency Mortgage Assistance Program may be able to help you, Read the following notice to jind out how the progrlU1l works, If you need more information call the Penmylvania Housing Finance Agency at 1-(800)-3./2- 2397, La 1I0tijicacion ell adjUlltO es ck suma importancia, pues afecta su derecho a colllinuar viviendo en su casa. Si no comprellde el contenido ck esta notijicacion obtenga una traduccion immediatlU1lente lIamanda esta agencia (penllsylvania Housing Fillance Agency) sill cargos al numero mellcionat/o arriba, Puecks ser elegible para un prestlU1lo por el programa lIamado "Homeowners Emergency Mortgage Assistance Program" el cual puede salvor su cosa de la plIrdida del derecho a redimir su hipoteca. ACT91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ TlIIS NOTICE. YOU II-L4 Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA lIE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE J'r/ORTGAGE PA Yl./ENTS DATE: RE: TO: MAIUNG ADD, PROPERTY ADD,: FROM: ADDRESS: May 16, 1997 Accoulll No, 1720000015 Wi/bur G. Smith 91 HarmollY Hall Road. Carlisle, PA 17013 91 Harmony Hall Road, Carlisle, PA 17013 Harris Savings Bank Second and Pine Streets, p,o. Box 1711, Harrisburg, PA 17105 EXHIBIT I )) You may be eligible for financial assistance tlwJ will prevent foreclosure on your nwrtgage if you comply with the provisions 4the Homeowners' Emergency ...tortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency tenrporlU'J' assistance if your def(JJ4lt has been c(JJ4sed by circumstances beyond your control, you have a reasonable prospect of resumi/lg your. nwrtgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanaJion of your rights Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days.from the dale of Ihis Notice. During thai time you must arrange and a/tend a ''face-ta-face'' meeting wilh a represenlative of thts le/Ilkr, or with a designated CO/l!>1Imer credil counseling agency. The purpose of this meeting Is 10 a/tempt to work oul a repaymem plan, or to otherwise settle yollr delinquency, This me.ting must occur in the nexl (30) days. If you attend a face-la-face meeting with this lender, or wilh a consllmer credil counseling agency identified in this notice, no jurther proceeding in mortgage foreclosure may lake place for thirty (30) days after the date of this meeting. The /lame, address and telephone number of our representative is: Lisa Marsh, Collection Supervisor Harris Savings Bculk. Second and Pine Streets, P,O, Box 171 I, Harrisburg, PA 17105 (717)-232-6661 ext. 6240 or 1-800-554-4572, Extension 6240, The JJa1IIes cuui addresses of designated consumer credit counseling agencies are shawn on the attached sheet, It is only necessary to schedule one face-ta-face meeting, You shollld advise this lender immediately of your intentions, Your mortgage is in default becallse you have failed /0 pay promptly installmell/s of principal cuui interest, as required, for a period of at least sixty (60) clays. 771e /otal amollnt of the delillqul!l1cy is 54,507.03. 77,at :;111I1 includes the followillg: payments of S721. 71 for the mOll/hs of Jalluary, February, !It/arch, April culd ,\-Iay, 1997, and S 783. 00 for forced place in~>1Irance ; pillS late charges and other charges tOlaling SI 15.48, Your mortgage is also in default for the following reasons: None If you have tried and are unable to resolve this problem at or after your face-Io-face meetillg, you have the right to apply for financial assistculce from the Homeowner's Emergency Mortgage Assistance Fund In order to do this, you must fill Ollt, sign mui file a completed Homeowner's Emergency Asslstculce Application with one of the designated consumer credit cOllnseling agencies listed on the attachmell/, An application for assistance may only be obtained from a consumer credit counseling agency, n,e consumer credil counseling agency will assist you in filling out )'our application and will sllbmit your completed application to the Pennsylvania Housing Finance Agency, Your application mllst be filed or postmarked, wilhin thirty (30) days of your face-la-face meeting, II is extremely importa/ll lhal yolJjile your application promplly, If you do nol do so, or if you do nol follow the olher lime ptinods set forth in this ltiller, foreclosure may proceed agal1lsl your home immedialely. Availablefundsfor emergency mortgage assislance are very limited They will be disbursed by the Agency under lhe eligibility criteria established by the Act. It is extremr:1y important that your application is accurate and complete in every re~pect, The Pennsylvania Housing Finance Agency has sixty (60) days 10 make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued agaillSt yoll if you have met the time requirements set forth above, YOII will be notijied directly by lhal Agency of its decision on your application. . The Pennsylvania Housing Finance Agency is located at 2':101 North Front Street, Posl Office Box 8029, Harrisburg, Pennsylvania 17105, Telephone No. (717)-780-3800 or 1-800-3-12-1397 (loll free /lUmber). Persons with impalTed hearing can call 1-800-3./2-2397, In addition you may receive anolher notice from this lendJ!r under Acl 6 of 1974, Thai notice is called a "Notice of Inlention 10 Foreclosure", You musl read bolh notices, since Ihey both explain rights thai you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upan while you are receiving that assistance. Very troly yours, Lisa Marsh Collection Suptirvisor /JyVvw AltoI:hmen/ " IDHARRIS~ o SAVINGS BANK 235 :-';urth Second SLIcet p. 0, Box 1711 Harrisburg, Pennsylvania 17105.1711 717/236'4041 ACT91 NOTICE TAKEACT/ONTOSAVE YOUR HOME FROM FORECLOSURE The Commonweal/h of Pennsylvania's Homeowner's Emergency Mor/gage Assistance Program may be able to help you. Read the following notice /0 jind out how the program works. If you need more information call/he Pellnsylvania Housillg Final'lce Agency at 1-(800)-3-12- 2397, La notijicacion en adjun/o es de suma importancia, plies afec/a Sll derecho a continuar viviendo en su CCUQ, Si 110 comprende eI con/enido de esra 1I0tificacion ob/enga una traduccion immedia/amente lIamanda esrQ agencia (penmylvania Housillg Finance Agency) sill cargos al rrumero menciofllldo arriba. Plledes ser elegible para IIn prestamo por el programa lIamado "Homeowner's Emergency Mor/gage Assistance Program" el cua/ puede salvar su casa de la perdida del derecho a redimir su hipo/eca. ACT 91 NOTICE IMPORTANT: NOTICE OF HOI"/EOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ TlIIS NOTICE YOU,\-1:4 Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE I'OUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS DATE: RE: TO: I\-W/JNG ADD. PROPERTY ADD.: FROM: ADDRESS: May 16, 1997 Accoun/No. 1720000015 Louis Belic 91 Harmony Hall Road. Carlisle. PA 170B 9/ HarmollY Hall Road. Carlisle. PA 17013 Harris Savings Bank Second and Pme Streets. P,O, Box /7U. Harrisbllrg. PA 17105 You may be eligible for fimJl/da/ a.uutance thaJ will prevenlforeclosure on your mortgage if you comply with the provisions of the Homeowner!' EmergenL)' Mortgage As-rutan,'.! ..lct of 1983 (the "..let"). You may be eligible for emergency temporary tJS5istance if your defaJ411 has been caJ4sed by circumstances beyond your control, you have IJ reasonable prospect of resuming your, mortgage pay_ntf, and if you _et other eligibility requinmenls established by the Pennsylvania Housing Finance Agency, Please read all of this Notice. It contains an c:planaJion of your rights Under the Act. you are entllled to a temporary stay offoreclosure on your mortgage for tlllrry (30) OOys from the date of this Notice, During that time you must arrange and aI/end a "face-to-face" meeting \lllIh a representatIve of this lender, or with a designated consumer credit counseling agency, The purpose of /his meeting IS to al/empt to work oul a repayme1ll plan, or 10 otherwise sellle YOllr delinqueTlC)l, This meeling must occur inlhe next (30) OOys. . , If you altend a face-ta-face meeting with this lender, or 'Wllh a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclrolJre may take place for /hirty (30) days after Ihe date of this meeting, The name, address and lelephone number of Ollr representative is: Lisa Marsh, Collection Supervisor Harris Savings Bank. Second and Pine Streets, P.O, Box 17 JJ. Harrisburg, PAl 7105 (717)-232-6661 exl, 62-10 or 1-800-55./-./572, ExtellSlOn 62./0, The names and addresses of designated consumer credit coulISeling agencies are shown on the attached sheet. It is only necessary to schedule one face-Io-face meeting. You should advise this lentkr immediately of your i1llellliollS. Your mortgage is in default because you haw: failed to pay promptly illStallments of principal and in/eresl, as required, for a period of alleast sixty (60) Jays, The tolal amoulll of the delmquency is 5-1,507,03. That sum includes the following: pa;.ments of 5721,71 for the monlhs of JWlIIary, February, March, April wldlvklY, 1997, and 5783,OOfor forced place insurance: plus lale charges and other charges tOlaling 51 15. ./8, Your mortgage is also ill defallllfor Ihe followmg reasons: None If you have tried wid are unable 10 resolve this problem at or after your face-Io-face meeting. you hm'e Ihe righl to apply for financial assistance from Ihe Homeowner's Emergency Mortgage Assistance Fund In order 10 do thIS, you must fill OUI, sign and file a compleled Homeowners Emergency Ass/slan"e Application wllh one of Ihe deslgnaled con,!>1Imer credit counseling agencies listed on the allachme1ll, An application for assislWlce may only be obtained from a consumer credit counseling ageTlC)l, The consumer credit counselillg agency WIll assiSt ,}vu in filling oul your application and \IIill sllbmit ,}vur completed applicatIOn to /he Pennsylvania Housing Finance Agency. YOlIr application musl be filed or posrmarlwd. within Ihirry (30) days of your face-to-face meeting, It is ~xtr~ml!iy Impor/ant/hat .1'011 Jill! your applKatwl/ promptly, If you do not Jo so. or if you do 1I0t follow /htJ othtJr tlml! fJ'!"uds Sl!t jimh 11/ /hls 11!1t~r, for~closur~ may proc~~J against >~)Ur homl! Immediately, Available funds for IImergency mortgage assis/a1/Ce are very limited They will be disbursed by the Agency unckr thtJ eligtbllity criteria established by thtJ Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance AgellLY has sixty (60) days to malu! a decision after it receives your application. During that additlOllal time. 110 foreclosure proceedings will be pllrslled against you if you have met the time requirements set forth above, rOIl will bellOtified directly by that Agency of Its decision on your application. ' The Pennsylvania Housing Finance Agency is located at 2 iOI North Front Street. Post Office Box 8029. Harrisburg. Pennsylvania 17105, Telephone No, (717)-780-3800 or 1-800-3-12-2397 (tol/ free rmmber). Persons with impaired hearing can call 1-800-3-12-2397, In addition you may receive another notice from this lender under Act 6 of 197-1, Thatnotice is called a "Notice of 1ntel/tion to Foreclosure", You mllst read both fWtices. since they both explaill rights that you now have under Pennsylvania law, However. if you choose to exercise your rights described in this notice. you cannot be foreclosed upon while you are receIVing that assistance, Very rroly yours. Lisa Marsh Collection Supervisor LMIvw Attachment N~~~~l~' ~35 :-1orth 5~~ond Strecot PO. Bo, 1711 Humburg. PeMsylv301' 17105,17l1 717!236.~lJ.ll CUMBERLAND COUNTY CREDIT COUNSELING AGENCIES ConsUlMr Credit .counseling Service of Western PeMSylvania. Inc. 2(}()() Linglestown Road Harrisburg. PA 17102 (717) 541-1757 Financial Services Unlimited J/7 West 3rd Street Wajlltsboro. PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 2S North Front Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 232-4985 YWCt of Carlisle 301 G, Street Carlisle. PA 17013 (717) 243-3818 Fax (717) 243-3948 ':1 ... SENDER: .a lCornPtIlllemI I ~OI 2 lot IddlboNI Ml"WtC". 'I lComcitII itelN 3. .... and 4D. I ,pl'l'" 'tfNI MmtI and ICIOrnI on.... ~ 01 thai tonn 10 1NI.."""um thl -..,.,.. IAlIKh" Ion'n 10 the fronI 01 the rnalpIIce, 01 on Iht bedllf IPKe doeI not: . '~RIIUnI RIICaIPf ~WIIId' on u. mAilpieCtI '-Iow1ht IItide number. ti . The Allum RectIfPI ... Ihow 10 whom the AItide ... lIehtrN InlS the 4I&e Ii _",001. I 3. _. _r...ed 10: I ~.., wloh to rllCl/.. II1e following HMeet (lot III uhlll): 1,0 Adelr_I'1 __ ~ 2,1(Fl"Ir1Ctod OolIVOfy j Conoull poo_, lot 'M. t 4&. AI1IcII Numbor J --p 3'1'7 '737 3 .b, SINIcI Type j o ROQlSlored )( c..ulod o Expro.. MlIll 0 1_ l!' o _ AICIlIlIIOI Me_.. 0 COO 1 Louis Belie 91 Hamc.ny Hall Road Carlisle, PA 17013 S. Flee.i.eel By, (Pnnl_1 I ! I e. SiS"" "' X .. II .... ... PS Form 3811, Ooc.mbOr 199>4 , UNITED STATES PosTAl. SERVICE ",,",,Clue "'"" """..~ , F... PIIId USPS P.rmIl No. G.tO · Print your name, address, and ZIP Code in this boll . 111111 HARRIS SAVINGS BANK 2ND & PINE STREETS P.O. BOX 1711 HARRISBURG, PA 17105 Wu , ill ,HI,,, i,; ;""",'1,1.... "1,,, 'I" II,,, """,", """" . UNITED STATES PosTAl. SERVICE III1 \ I Flrsl.CI... Mall Pootag. , F... Paid USPS Parmil No. G.l0 . Print your name, address, and ZIP Code in this box · HARRIS SAVINGS BANK 2ND & PINE STREETS P,O. BOX 1711 HARRISBURG, PA 17105 UJI.l.fCTlON DEPARTMENT 1",111,"1,",111I,'"11. 1111111.,.101111.1.11.1,11..,11.1..11 ~ e.,.. f'- '-<J '.J'o t~ .... ."') --- --- ~ :., <1 - - r *' '-!-" '1 '"'" , (j , . , .~. 'J . 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I . . , ~ ..... , .FI1I'lf,'UATAfllE(ibNLX)(\lI"I]J.!..UJ11oif 0....... 04-11 \II JlI (IU6 AM '""__l)l,<n'~IO~.'AM CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTlON- LAW v. NO, 97-5935 WILBUR G, SMITH AND LOUIS BELlC, IN MORTGAGE FORECLOSURE Defendants. ORDER AND NOW, this Z. ') "day Of~, 1998, after consideration of Defendant's Motion to StaylPostpone Sherifrs Sale of the mortgaged property, it is hereby ORDERED that any Sherifrs Sale of the mortgaged property be stayed or postponed until July 17, 1998. BY THE COURT: J. ,- >- C") ~ !:F c:: 4_ t-- M ;')..; U,C' "~;;; C.)p.: :c EF~" "- ,'.:):::1 ~r ..,..- C r- 'i~ " '::ll~ N ,,.- l" e:: .i) UJ a: u. r"1a.. iT' -..; Z 1'- CO => 0 C7"> U . - ! . ........ " CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION- LAW v, NO, 97-5935 WILBUR G, SMITH AND LOUIS BELlC, IN MORTGAGE FORECLOSURE Defendants MOTION FOR A STAY/POSTPONEMENT OF SHERIFF'S SALE AND NOW, comes Defendant, Wilbur G, Smith, by and through his attorneys, MARTSON, DEARDORFF, WILLIAMS & OTTO, and hereby petitions this Court to grant an Order for a StaylPostponement of any SheriIT's Sale scheduled in the above captioned matter and in support thereof, avers the following: I, A SheriIT's Sale of the mortgaged property involved herein was scheduled for March 4,1998, 2. As a result ofa Chapter 13 Bankruptcy filing by Wilbur Smith, a co-owner of the property, the above reference sale was stayed, 3, The Plaintiff has filed a Motion with the Bankruptcy Court to seek relief from the automatie stay in order to proceed to have the property sold at the June 3, 1998 SheriIT's Sale. 4, Defendant Wilbur G. Smith is currently arranging for a private auction of the property involved herein, which is scheduled to occur on May 3D, 1998, 5, The proceeds from said private auction will allow Defendant Wilbur G. Smith to cure the mortgage default. 6, In order for Defendant Wilbur G, Smith to complete said private auction, a stay/postponement of the PlaintilT's desired June 3, 1998 SheriIT's Sale is required. 7, In order to provide Defendant Wilbur G, Smith time to complete the auction sale of property, it will be necessary to stay any SheriIT's Sale until July 17, 1998. 8. The undersigned counsel telephonically discussed this motion with Richard Ruben, Esquire, counsel for Plaintiff, who has consented to the proposed relief. WHEREFORE, Defendant Wilbur Q, Smith, having shown equitable grounds for a stay/postponement, respectfully requests that any Sheriff's Sale on this property be stayed/postponed until July 17, 1998, Respectfully submitted, MARTSON, DEARDORFF, WILLIAMS & OTIO .'.kLV?~ .2 -",k Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Wilbur Smith Date: April 21, 1998 VERIFICATION The foregoing Defendant's Motion to StaylPostpone Sheritrs Sale is based upon infonnation which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own, I have read the document and to the extent that it is based upon infonnation which I have given 10 my counsel, it is true and correct to the best of my knowledge, infonnation and belief, To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification, This statement and verification are made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false avennents, I may be subject to criminal penalties. ~L~iff..d~ CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson, Deardorff, Williams" Otto, hereby certify that a copy of the foregoing Defendant's Motion to StaylPostpone Sheriff's Sale of the Mortgaged Property was served this dale by depositing same in the Post Office at Carlisle. P A, fint class mail, postage prepaid, addressed as follows: . Richard C. Ruben, Esquire Harris Savings Bank 234 North Second Street Harrisburg, P A 17I 0 I Charles DeHart, III, Esquire P,O. Box 410 Hummelstown, PA 17036 Ms. Stacy Annstrong Harris Savings Bank 23S North Second Street Harrisburg, P A 1710 I MARTSON, DEARDORFF, WILLIAMS" OTIO '. . ')' ( -"",,/ -~ ., -'1// I ~ 'i.. Trl la D, Eckenroad ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: Apri121,1998 F FlitS UA1AFUI: {,n-iUlll'<lN U11P.UJlldlJc Cflta~ Ul{H,Il'1I1 ~,..t'M MfH~ ulllllll!of,11111PM CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNIY, PENNSYLVANIA CIVIL ACTION- LA W v, NO, 97-5935 WILBUR G. SMITH AND LOUIS BELIC, IN MORTG~GE FORECLOSURE Defendants, ORDER AND NOW, thiS~day of ~ \J \ 7 ,1998, after consideration of Defendant's Motion to StaylPostpone Sheriffs Sale of the mortgaged property and it appearing that the Plaintiff has consented to said Motion, it is hereby ORDERED that any Sheriffs Sale of the mortgaged property be stayed or postponed until August 16, 1998. BY THE COURT: J. " ; (. l'<) i<> J ~.;;'0~ (.>:\ J j~j ~ J ~ ~ ~ <" ; 'j It /' 1 ' ''', . . .:: ~ .... .,. ..; " " ;J CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SA VINOS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYL VANIA CIVIL ACTION- LAW v. NO, 97-5935 WILBUR G, SMITH AND LOUIS BELlC, IN MORTGAGE FORECLOSURE Defendants MOTION FOR A STAY/POSTPONEMENT OF SHERIFF'S SALE AND NOW, comes Defendant, Wilbur G, Smith, by and through his attorneys, MARTSON, DEARDORFF, WILLIAMS & OTTO, and hereby petitions this Court to grant an Order for a Stay/Postponement of any Sherin's Sale scheduled in the above captioned matter and in support thereof, avers the following: I, A Sheriff's Sale of the mortgaged property involved herein, 91 Harmony Hall Road, Carlisle, Pennsylvania, was scheduled for March 4. 1998. 2. As a resultofa Chapter 13 Bankruptcy filing by Defendant Wilbur Smith, a co-owner of the property, the above reference sale was stayed, 3, Plaintiff bank then filed a Motion with the Bankruptcy Court to seek relieffron the automatic stay in order to proceed to have the property sold atlhe June 3, 1998 Sheriff's Sale. 4, In the meantime, Defendant Wilbur G, Smith was in the process of arranging for a private auction of the property involved herein, 5. In order for Defendant Wilbur G. Smith to complete said private auction, Defendant Wilbur G, Smith filed a Motion seeking a Slay/postponement oflhe June 3, 1998 Sheriff's Sale, 6, By Order dated April 27, 1998 this Honorable Court granted the stay/postponement of the Sheriff's Sale to July 17, 1998. A copy of said Order is attached hereto as Exhibit "A." 7. The proposed private sale of the mortgaged property involved herein took place as scheduled on May 3D, 1998. 8. As a result of the private auction, the property was placed under a contract for salo for a price sufficient to satisfy the outstanding mortgage, 9. It is believed and, therefore averred, that the buyer was approved and all the necessary financing for the transaction has been arranged, 10. Final selllement and closing were tentatively scheduled for July 16, 1998, in order te, avoid further stay/postponement of the Sheriffs Sale, I L However, ditliculties have arisen making it necessary for Defendant to request an additional stay/postponement uf the Sheriffs Sale until August 16, 1998, Specifically, these problems are as follows: a. Clearing the property ofliens through the co-owner's bankruptcy will not occur until after July 16, 1998; and b. Arrangements for Defendant Wilbur Smith to secure new living arrangements will not be finalized until after July 16, 1998. 12. Nevertheless, it is anticipated that the private sale of the property will be consummated prior to August 16,1998, and, therefore, that a Sheritrs sale will be unnecessary. 13, The undersigned has discussed this Motion with Richard Ruben, Esquire, allorney for Plaintiff. Attorney Ruben has consented to this Motion and the relief sought herein. WHEREFORE, Defendant Wilbur G, Smith, having shown equitable grounds for a stay/postponement, respectfully requests that any Sheriffs Sale on this property be stayed/postponed until August 16, 1998. Respectfully submitted, MARTSON, DEARD~LLlAMS & OTTO By 9 (vI.. "'----. \..;--, ~\. W, Darren Powell, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Allorneys for Wilbur Smith Date: July 14, 1998 . , " ii exhibit A , ........-.'~ ~'''''''I'''' a..IlMIIUII ...... AM - ...... -...... r; APR Z 3 1998 \' v. IN THB COUllT OF COMMON pLEAS OF CUMBERLAND COUNTY I CIVIL A.cnON- LAW NO, 97-'93' CA1UJSLB BUILDINO AND LOAN ASSOCIATION, now by mer.. HARJUS SA VlNOS BANK. PWndtr WD..BUIl O. SMrnt AND LOUIS BEUC, IN MORTOAOB FORECLOSURE Dtfondulta. ORDP..R AND NOW, tbia ;'1tJ-~y of~ 1998, aft<< COIIIidcntiOll or Def'P...t'l Modoa to StaylPOItpoae S"-III'I Sale or 1M monpaed property,it II bercby ORDERED dIIllnY . SlMrill'I Sale orlM mortppd p1vporty be atayod OI'JIOItpoIled until July 17, 1998. BY nIB COURT: ISI}. 1.0 Iftl(t f)f...,. 9'" . J. r)F, rQ., 8 VERIFICATION W. Darren Powell, Esquire of the linn of MARTSON, DEARDORFF, WILLIAMS & OTTO, attorneys for Defendant in the within action, certifies that the statements made in the foregoing Motion for a Stay/Postponement of SheriIT's Sale are true and correct to the best of his knowledge, infonnation and belief. He understands that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn fal . ~ion to authorities, J ( W,Da Ii n:RTWICATE OF SERVICE I. Tricia 0, Eckenwud. un uUlhuriled allentlllr Martson. Deardorff, Williams & Otto, hereby certify Ihal a cupy urlhe Ihrelluinll MUlion lllr a Stay/postponement ofSheritrs Sale was served this date by depositinll same in Ihe I'ust Ortice at Carlisle. l' A, first class mail, postage prepaid, addressed us Illlluws: Richard C. Ruben. Esquire lIarris Savings Bank 234 North Second Street Harrisburg. l' A 171 0 I Charles DeHart, 111. Esquire 1',0, Box 410 Hummelstown,PA 17036 Ms. Stacy Armstrong Hurris Savings Bank 235 North Second Street Harrisburg, P A 1710 1 MARTSON, DEARDORFF, WILLIAMS & OTIO ~()~~~ ricia D, Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: July 14, 1998 -.. a. -- l'J: ..., (." 1 ' .. 1-) ,.... -<':; ltl_ . (.) .." .-' -.." . i;'.'; " . 'I " w.. - " (' " ~1 ' 0 (,. o' F.,' , .' .1 c... , ; ~,1 c;: . _ ~;J". I ..... to. (n .:j 0 u' U ,,-:!i iO O~ ~ ~ ell:> ~~ t.tl i! 9 ~~ aI z !~l j ll.!2~ '" OUl ~ '" ~e~ :5 !=z~ ~ffij 9 ::! 0" < >,a1 ~ to-- ~ ~ll.' .&>'" ~~'" .. '" 'Z O;JO ] ill ~ ~ ,;, O~O ~OZ Y'~Yl ~ ~ ~ 9=- ;> E .:> ~>lt ~Q~ 8"'~~ ~8~ -~< :J_'" ~ Ci<i>! g ~ ~ g~ D ~~d a1<'" '" zt;;~ ~~I ~ ~~d ~-~ 0 ~~'" :J ~ "'~ 8 u ~~ IX Q g ~~ ~ :J ~ Z ~~ aI <.... .... -l U ~ . .' . . 1(.. . 'I' . tlUo.;U"r-Ulll-t,t"oUO('lIUI'U"llllk!lok' (-,."I1-1) "T,~'IIl"!\I"'t'\oI ....Iocd ull:"'lllUloUI"lo4 CARLISLE BIJILDING AND LOAN ASSOCIA liON, now by mergcr HARRIS SAVINGS BANK. PlaintitT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION- LAW v, NO. 97-5935 WilBUR G, SMITH AND lOUIS BELIC, IN MORTGAGE FORECLOSURE Defcndants ORDER AND NOW, this-L~day of ~ u O' .1 t. 199R, after consideration of Defendant's Motion to StayfPostpone Sheritl.s Sale of the mortgaged property and it appearing that the Plaintiff has consented to said Motion. it is hereby ORDERED that any Sheriff's Sale of ,the mortgaged property be stayed or postponed until TL.-la). '.~,,--, 10. I J)G. ~I au~Ol'1 I'I'lf. BY THE COURT: J. . j'1' " 'I. ! ,'~ ,.. .,' i' (~ ,.(~ "'-J ~'vj ~ .) f ~ l' ~. ~ '1 ~ '* ~~ ~ l~" J r ~1 ; .,1", C' ' ,; .~.'~ .... CARLISLE BUILDINO AND LOAN ASSOCIATION, now by merger HARRIS SA VINOS BANK, Pia inti IT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW v. NO, 97-5935 WILBUR O. SMITH AND LOUIS BELlC, IN MORTGAGE FORECLOSURE Defendants MOTION FOR A STAY/POSTPONEMENT OF SHERIFF'S SALE AND NOW, comes Defendant, Wilbur G. Smith, by and through his attorneys, MARTSON, DEARDORFF, WILLIAMS & OTIO, and hereby petitions this Court to grant an Order for a Stay/Postponement of any Sheriffs Sale scheduled in the above captioned matter and in support thereof, avers the f:lllowing: I, A Sheriffs Sale of the mortgaged property involved herein, 91 Harmony Hall Road, Carlisle, Pennsylvania, was originally scheduled for March 4, 1998, 2. As a result of a Chapter 13 Bankruptcy filing by Defendant Wilbur Smith, a co-owner of the property, the above reference sale was stayed. 3, PlaintilTbank thcn filed a Motion with the Bankruptcy Court to seek relief from the automatic stay in order to proceed to have the property sold at the June 3, 1998 Sheriffs Sale. 4, In the meantime, Defendant Wilbur G. Smith was in the process of arranging for a private auction of the property involved hcrcin. 5, In order arrange for the auction, Defendant Smith filed with this Court a Motion to Stay/Postpone the June 3, 1998 Sheriffs Sale, 6. By Order datcd April 27, 1998, this Honorable Court granted said Motion, postponing and staying the Sheriffs Sale until July 17, 1998. 7, As a result of the private auction, the property was placed under a contract for sale for a price sufficient to satisfy the outstanding mortgage, 8. Due to difficultics in relocating, it was necessary to seek further extension of the Sherin"s Sale from July 17, 1998, 9, As such, on July 14, 1998, Defendant, with the consent of PlaintilTs counsel, tiled a Motion For a Stay/Postponemtnt of Sheriffs Sale until August 16, 1998, 10. By Order dated July 14, 1998, This Honorablt: Court grantt'l! said Motion, postponing and staying the SheritTs Sale until August 16, 1998, II. Closing on the sale of this property is scheduled for Friday, August 14, 1998, at 10:00 a,m, 12, However, Seller has just been advised that the Buyer's tinancing is considered are- tinance, such that disbursement cannot be made until three working days after closing, or Wednesday, August 19, 1998, a dale past that covered by the COllrt's last postponement Order, 13, As such, Defendant seeks an additional stay/postponement until Thursday, August 20, 1998. 14, Nevertheless, it is anticipated that the private sale of the property will be consummated prior to August 19, 1998, and, therefore, that a Sheriffs sale will be unnecessary, 15. The undersigned has discussed this Motion with Richard Ruben, Esquire, allomey for Plainliff, Allomey Ruben has consented to this Motion and the relief sought herein, 16, The previous Orders entered in this case have all been issued by The Honorable J. Wesley Oler, Jr, WHEREFORE, Defendant Wilbur G, Smith, having shown equitable grounds for a Slay/postponement, respectfully requests that any Sheriff s Sale on this property be stayed/postponed until August 20, 1998. Respectfully submitted, MARTSON, DEARDORFF, LLlAMS & OTTO By-1... \ (Jr'^---^-' -- W, Darren Powell, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243.3341 Allomeys for Wilbur Smith Date: August 12, 1998 VERIFICATION W, Darren Powell, Esquire of the firm of MARTSON, DEARDORFF, WILLIAMS & OTTO, allomeys for Defendant in the within action, certifies that the statements made in the foregoing Motion for a Stay/Postponement of Sherill's Sale are true and correct to the best of his knowledge, information and belief, He understands that false statements herein are made subject to the penalties of 18 Pa, C,S. Section 4904 relating to unsworn falsification to authorities. _W I\~ ~ ~ij W. Darren Powell, Esquire CERTIFICATE OF SERVICE I, Tricia D, Eckenroad, an authorized agcnt tilr Martson, Dcardorn: Williams & OliO, hereby ccrtily that a copy of the foregoing Motion for a Slay/postponcmcnt ofShcrilT's Sale was served this dalc by depositing same in the Post Ollice at Carlisle, PA, !irst cla~s mail, postage prepaid, addressed as follows: Richard C. Ruben, Esquire Harris Savings Bank 234 North Sccond Street Harrisburg, P A 171 0 I Charles DeHart, III, Esquire P.O. Box 410 Hummelstown, PA 17036 Ms. Stacy Annstrong Harris Savings Bank 235 North Second Street Harrisburg, P A 171 0 I MARTSON, DEARDORFF, WILLIAMS & OlTO y Tricia D, Eckcnroad Ten East High Strect Carlisle, PA 17013 (717) 243-3341 Dated: August 12, 1998 .1 ~': l{l (' , I .' , -. ( , I;' '';'~ " " (,l' ... '-. ( 0J I . . , ( :i L.~ ,,- I ..,;, it. n~ :~ ) U c' ~ U RICHARD C. RUBEN (jt.....~M,\I. COLI';,,~.L NHARRIS SAVIN';S BANK l:U Nurth St.'contl SHeet. lIarnsburg. PA 1710 1 (717)2:11. /C.:IS. exl. ~~llj . FAX 17171 ~:ll tilHti CARLISLE BUILDING AND LOAN ASSOCIATION, now by meraer HARRIS SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVLV ANIA v. NO. 97-S9JS CIVIL TERM WILBUR G. SMITH and LOUIS BELIC, CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Defendant. PRAECIPE TO SATISFY JUDGMENT TO: PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA J7013 SIR: Please satisfy the Judgment docketed to the abovc captioned number and term and mark this matter paid of record. Plaintiff has rcccived paymcnt in full in thc amount of S90,120.4S Date: fl/.J4j'11 Rcspectfully submitted, /~~ By Richard C. Ruben, Gcncral Counsel Harris Savings Bank Sccond and Pine Streets Harrisburg, P A 17101 (717) 236-4041 1.0. #27767 Carlisle Building and Loan Association now by merger Harris Savings Bank In the Court of Common Pleas of Cumberland County, Pennsylvania No. 97-~935 Civil Term -vs- Wilbur G. Smith and Louis Belic R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing Advertising Posting Bills Law Library County Mileage Certified Mail Levy Postpone sale Surcharge Law Journal Patriot News Share of Bills Poundage 30.00 15.00 15.00 .50 1.00 3.10 3.27 15.00 40.00 6.00 293.75 240.00 25.31 1802.41 $ 2490.34 pd by atty 8-30-98 Sworn and Subscribed To Before Me So answers: r~~~t: ~ r~~ , This ).",t Day ofJ D:J;~, i,~ , I 1998, A.D.~~y" (l:ht(Rr.~/Q{4- Prothonotary R. Thomas Kline. Sheriff ByI1Lh~~~ Real Estate Deputy ck- . . p1) ..)199(,. vt:.... 1D4 SlJ , CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-5935 CIVIL TERM WILBUR G. SMITH and LOUIS BELlC, CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Defendants AFFIDAVIT PURSUANT TO PA RCP RULE 3129 HARRIS SAVINGS BANK, Plaintiff in the above action, set forth as of the date of the Praecipe for the Writ of Execution has filed the following information concerning the real property located at 91 Harmonv Hall Road. Middlesex TlJwnshio. Carlisle. Cumberland Countv. Pennsvlvania 17013: I. Name and address of Owner(s) or Reputed Owner(s): Name: Address: Wilbur G. Smith 91 Harmony Hall Road Carlisle. PA 17013 Louis Belie 91 Harmony Hall Road Carlisle, PA 17013 2. Name and address of Defendants in the Judgment: Name: Address: Wilbur G. Smith 91 Harmony Hall Road Carlisle, PA 17013 Louis Belie 91 Harmony Hall Road Carlisle, PA 17013 3, Name and :ast known address of additional judgment creditors whose judgments are a record lien on the real property to be sold: Name: Address: Carlisle Building & Loan Assoc. now by merger Harris Savings Bank P,O. Box 1711 Harrisburg, P A 171 OS Ellen Bclic 352 Dorwart Circle Etters, PA 17319 John F. Loftus 3411 Bedford Drive Camp Hill, PA 17011 Floyd L. Neill & Calvin Neill % Marc W. Witzig, Esq. Duane, Morris & Heckscher 305 N. Front Street P.O. Box 1003 Harrisburg, PA 17108-1003 Ricardo & Brenda Suzensky 201 Mulberry Street Harrisburg, PA 17104 Pennsylvania Nat'l. Bank and Trust Co, 1002 N. Seventh Street Harrisburg, PA 17102 4. Name and Address of the last recorded holder of every mortgage of record: Carlisle Building & Loan Assoc, now by merger Harris Savings Bank P.O. Box 1711 Harrisburg, P A 17105 First Federal Savings & Loan Assoc. of Hbg. now Harris Savings Bank P.O. Box 1711 Harrisburg, Pa 17108 U.S.A., Dept. of Housing & Urban Development 105 S. Seventh Street Philadelphia, PA 19106 Alln: Loan Management Dept. 5, Nwne and address of every other person who has any recorded lien on the property: PA Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 3235 Spring Road Carlisle, PA 17013 Middlesex Township Tax Collector Nancy R. Sheibly 6. Nwne and address of every other person who has any recorded interest in or recorded lien on the property and whose interest may be affected by the sale: None 7. Nwne and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Address Robert M. Frey, Esquire FREY & TILEY 5 South Hanover Street Carlisle, PA 17013 I veritY lballbe statements mado In Ihls Affidavltaro truo and corrocllo lbo best of my knowledge, Infonnatlon and belief, I undenlBnd lbal falso stalements modo heroin aro subject 10 lbe penalties of 18 Pa,C,S, 04909 rolallng 10 unsworn falslflcallon to authorlllos, Respectfully submitted, Date: l~l'f/91 By /~/ Richard C. Ruben, General Counsel Harris Savings Bank Second and Pine Streets Harrisburg, PA 17101 (717) 236-4041 1.0. #27767 CARLISLE BUILDING AND LOAN ASSOCIATION, now by merger HARRIS SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WRIT NO. 97-5935 CIVIL TERM v. NO. 97-5935 CIVIL TERM WILBUR G. SMITH and LOUIS BELlC, IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA R.C,P. 631Z9 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held: DATE: March 4, 1997, Wednesday TIME: LOCATION: 10:00 a,m. Commissioner's Hearing Room, 2nd Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, P A 17013 The property to be sold is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 91 Harmony Hall Road, Middlesex Township, Cumberland County, Carlisle, Pennsylvania, THE JUDGMENT under or pursuant to which your property is being sold is docketed to: No, 97-5935 in Cumberland County, Pennsylvania THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY IS: Wilbur G. Smith and Louis Belic A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received 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 proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed, Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013 THIS PAPER IS A NOTICE OF TilE TIME AND PLACE OF TilE 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 PAY THE JUDGMENT. COURT ADMINISTRATOR COURT ADMINISTRATOR'S OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 (717) 249-1133 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: THE LEGAL RIGHTS YOU MAY HAVE ARE: L You may file a petition with the Court of Common Pleas of Cumberland County to open the judgmcnt if you have a meritorious defense against the person or company that has cntcred judgment against you, You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you, 2, After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other property cause, This petition MUST DE FILED DEFORE THE SHERIFF'S DEED IS DELIVERED. 3, A petition or pctitions raising the legal issues or rights mentioncd in thc preceding paragraphs must be prcsentcd to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the allorney for the creditor or on the creditor at least two (2) business days before presentation to the Court and a proposed Order or Rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, before presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. Sheriff LEGAL DESCRIPTION OF 91 HARMONY HALL ROAD, CARLISLE, MIDDLESEX TOWNSIIIP, CUMBERLAND COUNTY, PENNSYLVANIA BEGINNING at a spike in the pavement L1 miles Northeast of the Borough Line of Carlisle, Cumberland County, Pennsylvania at the intcrsection of RT. 21067 and RT. 21066 callcd the Poor House Road; thence North 28 degrees 42 minutes West along thc centcr line of RT, 21067 for a distancc of 599.58 fcctto a spikc in thc centcr of thc pavement; thencc North 75 dcgrees 28 minutcs East for a distance of 166.90 fectto an iron pin; thcnce South 65 dcgrees 52 minutes East for a distance of 73,26 fectto an iron pin; thcncc South 25 degrecs 22 minutcs East for a distance of 59,36 fcetto an iron pin; thcncc North 67 degrces 53 minutes East for a distancc of 50,96 feet to an iron pin; thence South 27 degrees 57 minutcs East for a distance of 53.89 feet to an iron pin; thence South 14 degrees 27 minutes East for a distancc of 396.55 feet to a spikc in the center of the pavemcnt ofRT. 21066 called the Poor House Road; thcnce South 62 degrees 23 minutes West along the centcr of thc Poor Housc Road for 1\ distance of 154,36 fcet to thc point of BEGINNING, The tract containing 2.73 acres and being shown on the plot drawn by Roger St Germain, Civil Engineers, dated September 8, 1954, which is allached hereto and madc a part hcreof. BEING thc same premises which Elsie L. Teitrick, by deed dated the 1" day of April, 1985 and recorded in the Recorder of Deeds Office and for Cumberland County on the I" day of April, 1985 in Book 31 E Page 366 granted and conveyed unto Wilbur G. Smith and Louis Belic, as Tenants in common, TAX PARCEL NO, 21-19-1637-026 Seize and Sold as the property of Wilbur G. Smith and Louis Belic under Judgment No. 97.5935 EXHIBIT , A REAL ESTil j f. SALE No. .:r~\""' ,1;, ' OR 10:<, It', I'T 11 the Iherlff levied upon the dtfllndanla IItnst In the 1'1II property snuated Inn" .J'..'~, ., ')1 J" r Cu~~rland County. Pa., known and numbered as:Jl N a.lNY\ftYUt ~p ... '. ( ^L.I,~ t. and more fully described on Exhibit II A" filed wi"' this writ and by this reference Incorporated herein. ) , J. 1.1 Dlte: U,/U-T7 By:/.I1''''I~ ...<1&",'1_11-- ~J .:~tit. lJ}."..-r "Ill,..,'..., I "ll\l-ll Y ,'; .. t,'.' :-,';;' _ , L6, 11157. g 01 ~30 ."-' .1-..' .:I~;;::; i, ; :,. ..L ..i:',l,j.iO