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HomeMy WebLinkAbout98-00852 - Cf,. ~ ~ ~ ~ :l ~ ~ '.i!,. :;'~ "J1 ~) ,',;) . ,J~. }i~', !.'i,f~ I , ,:! , A~ ".It~ .,~ :_{~~ >h~ "" ,<~ . ',/'~'::A j~ '-';~ .','~11 ~;'i'~ 5~ )~ .'!;~ ':,0j ~: ::! ,!{ '\i: :':;'1 .., \. e II) - .::$ / ~':~~ <~'; r \.. ~ :' ... .(:j .. '-.J ri "'1 ~ e:. <3'- , ~' ~o~~g~~~::';~~:LE~~ OF THE NINTH JUDICIAL DISTRICT o PE SYLVANIA- CUMBERLAND COUNTY CIVIL ACTION ULSTER SAVINGS BANK, Plaintiff -- CIVIL 1998 .. S' S ~ Cur.l /-'-"- v. NO. RALPH L. DUFF, JR. and MARLENE E. DUFF, Husband and wife, Defendants : : ACTION IN MORTGAGE FORECLOSURE ACTION IN MORTGAGE FORECLOSURE PLAINTIFF'S COMPLAINT Plaintiff, Ulster Savings Bank, by Its counsel, hereby makes complaint against Defendants, Ralph L. Duff, Jr. and Marlene E. Duff, husband and wife, and in support thereof, states the following: liANNA, YOUNG, UPRIGIIT '" CATINAo LLP A'ITORNEYS AT LAW 800 MAIN STRUT , STROUDSDUROo PA 10:160 17171 424.IUOO 1. Plaintiff, Ulster Savings Bank, ("Plaintiff"), is a banking corporation with offices located at Ulster Savings Center, 180 Schwenk Drive, P.O. Box 3337, Kingston, NY 12401 and is the holder of a Mortgage (the "Mortgage") upon which this cause of action is based. " HANNAo YOUNOo UPRIOIIT '" CATINAo LLP AnORNEYS AT LAW principal, Interest, late charges, costs and attorney's collection fees under the Mortgage collectible forthwith. 10. The following amounts are due under the Mortgage: a. Principal $ 89,905.08 b. Interest from 2/1/97 to $ 8,157.96 to 2/3/98 c. Late Charges $ 775.54 d. Hazard insurance from 5/97 Through 2/98 $ 464.44 e. Real property taxes paid 9/19/97 ($1,129.13 total due less tax escrow monies of $623.14) $ 505.99 f. Inspections $ 400.00 g. Winterization of premises $ 125.00 TOTAL $100,334.01 11. Attorney's fees prOVided for in the Note and Mortgage are also due. 12. All conditions precedent to bringing this action have been performed or have occurred. '". WHEREFORE, Plaintiff, Ulster Savings Bank, demands judgment against Defendants, Ralph L. Duff, Jr. and Marlene E. Duff, husband and wife, In the sum of $100,334.01 together with Interest, costs and attorney's fees. HANNA, YOUNG, UPRIGHT & CATINA, LLP Attorneys for Plaintiff 1/23/98 9:41:28 AM To: Whlddono E.q" Sl.phaOlo 1.914.338.0838 From: BARBARA OLSZYK LonFax P090 9 of 9 " VERIFICATION I verify that the statements made In this Complaint in Mortgage Foreclosure are true and correct based on my knowledge, Information and bellefo I understand that false statements herein are made subject to penalties of 18 Pa.CoS. Section 4904 relating to unsworn falsification to authoritleso UlSTER SAVINGS BANK Vice President Date: '2./~ .1998 By: , l :;C;'c:ii n, .,ir:CI.E/l F!:COHOI:rl or DEEDS ('UII(tt' (', II'~ C ' ", .....0...., OUIITY.p^ '95 f'lfl'( 23 Pf'l 2 13 -fSpace Above TIlls line Por Rcconlllll Dall) OPEN END MORTGAGE This Mortgage Secures Future Advances THIS MORTGAGE ('Securlty Instnllnent') is given on -I!101Y......:1,9 o. .....l~,~.5........... The mortgagor Is MARLENE..E,..D.,U.f.F.....lIl1,~...RALP..H..L"...IJU.f.F....J.R........................................................ ...........................................-............................................-..................................................,.................................................................,..................................... .......-........................--......-.............-..................................... ('Borrower')o This Security Instrument is given...10...........!.11p,enn gQ1"p..9..1::.~.!;J_9.!)...I....@._...!?!?.!m~y.J.y.ii!.!}.!~....2.Q.~p..9..;:~.!;.!.9.!1:..._..............._............ , which Is organized and exIsting under the Jaws of Ibc_S.tatc..oIP.cnllSy.lyanla__............................._............ and whose address Is....~,Q,Q.....ar.Qa.d.....S,f:I:.e.e.f:.,. ~!J f C?,!!!...!?!.l:._~~~..~...?......_...........__.......,..,.................,................'............'.........._...............,.....,.................._.................... ('Lender')o Borrower owes Lender the principal sum Of..NINET.Y...IHQUSAND..SEY.EN..HUNDREO..,SEY.ENIY.".T.w.o. ~Q.,Q9.L!QQ....._......._.........._............... Dollars (U oS. $..9...Q.,..7..7.~.,..Q..()...........). TIlis debt Is evidenced by Borrower's note dated the same date as this Security Instrument ('Note'), which provides for monthly payments, with the full debt. if not paid earlier. due and payable on ..J.lJn.e.....:l..,....~.Q.;a.5.............................................................................. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with imerest, and aU renewals. extensions and modifications of the Note; (b) the paymem of all other sums, with interest, advanced under paragraph.7 to protect the security of Ihis Security Instrument: and (c) the performance of Borrower's covenants and agreemems under this Security Instrumem and the Note. For this purpose, Borrower does hereby grant, mortgage and convey 10 Lender the following describcd property located in .....................c.umb.e,rland..........................,...............,.........................................Counly. Pennsylvania: For legal description of Ihis property. sec Schedule' A,' aUached hereto which has the address of Lot 13. SmillLRoad T/-Slrnllt.Mi.ddlelon (CilYI (SlreelI Pennsylvanla.....:l..7.,J.:ll..4;............_..._....................(. Property Address '); (Zip codcI roOETIIER wml all the Improvements now or hereafter erected on the property, and all easements. appurtenances, and fixtures now or hereafter a part of the propeny. All replacements and additions shall also be covered by this Security :i1Strument. All of the foregoing Is referred to In this Security Instrumcm as the 'Property.' BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey Ihe Propeny and that the Property is unencumbered, except for encumbrances of recordo Borrower Warrants and will defcnd generally the title to the Property against all claims and demands. subject to any encumbrances of record. PENNSYLVANIA"'Sfngte F.mlty'''Fannfe Hae/Freddle Hac lI/lrlM IHSllllHNr Form 3039 9/90 """<I D/6".,n) ,". . ,~) Schedule A ALL that pertain lot of ground situate in South Middleton Township, cumberland County, pennsylvania,.boupded and described as follows pursuant to Final Subqivision plan for Fred W. Sowers recorded in the Office of the Recorder of Deeds in and lor cumberland County, Pennsylvania, in plan Book 59, Page l~: BEGINNING at a spike in the center of Pa, Rte. 94 (L.R, 342); thence in Smith Road (T-53l), North 59 degrees 32 minutes 45 seconds East 299,9l feet to a spike on the dividing line between Lot No.7 (Plan Book 53, Page 116) and Lot No. 13 (Plan Book 59, Page 15); thence by said dividing line, south 30 degreeS 27 minutes 35 seconds West 290.57 feet to a steel pin; thence by other lands of Dorothy M, Sowers, south 59 degreeS 32 minutes 15 seconds West 369.52 feet to a spike in the center of Pa. Rte. 94 (L.R. 342); thence in said Pa. Rte. 94 (L.R. 342), North 16 degrees 59 minutes 30 seconds West 298.63 feet to a spike, the Place of BEGINNING. - TillS SI!ClJlUTY INSTlllJMI!NT enmhines nllifnrm envella"'s fnr nalinnaluse lIIllllllllHmililrlll ell\'e,,,,"1S wilh limiled vurlullonN hy jurlsdicllun In cnll~lilUIC II unilhrlll sccurily IllslrUfllCf1I covering renl property. UNII'OIIM COVI!NANTS, nnrrower alld LCllder ellveu,nll lIndllgrec liS fnllnws: J, l'lIYlllelltllf I'rlnclplllllnd IlIlere.'t; l'replI)'lIIellt 1I11d I.llte Chllrltes, norrower shllll promplly PllY whell due Ihe principal of lInd IlIlercsl on Ihe debt evidenced hy Ihe Nole lInd any prepaymenl alld laic ehllrges dae ollder Ihe NOle. 2, .'ullds for TIIKes and IlIsurllnee, Subjcellollppllcable 11Iw or lOll wrillen waiver by Lcndero norrower shall pay In Lender on Ihe day mOllthly paymenls arc due undcr Ihe NOle, unlillhe NOIe is paid in full, a sum ("Fullds") for: (a) yearly laKes and assessmenls which may aUain prlorlly ovcr Ihls Security Instrumenl as a lien on the Property; (b) yellrly leasehold payments or ground rcms on Ihe Propcrty, If IIny; (c) ycarly hazard or property insurance prcmiums; (d) yellrly flood Insurance premiums, If any; (c) yellrly mortgage Insurance premiums, if any; and (f) any SIlIllS payahle by norrowcr to Lender, In accordance wllh Ihe provisions of paragraph 8, in IIco of Ihe paymem of mortgage insurllnce premiums, Thcse itcllls arc called "Escrow Items." Lender may, at lIny lime, collecland hold Funds in IIn amount nol to eKceedlhe maximum amouma lender for a fcderally related mortgage loan lIIay require for Borrower's escrow accoont under thc federal Real Estale Seulement Proccdures Act of 1974 as amended from lime 10 tlmeo 12 U.S,C. ~ 2601 rt srq, ("RESPA "), unless anolher law thai applies 10 Ibe Funds sels a lesser amounl. If sOo Lender mayo III any timc, collecland hold Funds in an amount nol 10 eKcced the lesser all1oum. Lender lIIay cSlimale the amoum of Funds due on the ~asis of eurrenl dala and reasonable cSlimates of expendllures of fUlure Escrow hems or olherwise in accordance wllh applicable law. The Funds shall be held in an inslilution whose deposils are insured by a federal agency 0 Inslrumemalily 0 or emlly (including Lender, if Lender is such an inslllutio,n) or in any Federal Home Loan Bank. Lender shall apply Ihe Funds to pay Ihe Escrow hems, Lender may not charge 80rrower for holding and applying Ihe Fands, annually analyzing thc escrow account, or verifying the Escrow hcms"unless Lender pays Borrower inlerest on Ihe Funds and applicable law permlls Lender to make such a charge. However, Lendcr may rcquire Borrower to pay a onc-Iime charge for an independenl rcal eSlale Iu reporting scrvice used by Lender in connection with this loan, unless applicable law provides otherwise. Unlcss an agreemem is made or applicable law requires intercsllo be paid, Lender shall not be requircd to pay Borrower any imcresl or earnings on the Fands. Borrower and Lendcr may agrce in wrlling, however, Ihal interest shall be paid on Ihe Funds. Lender shall give 10 Borrower, withoul chargc, an annual accouming oflhe Funds, showing credlls and deblls 10 the Funds and the purpose for which each debit 10 the Funds Was made. The Funds arc pledged as addilional sccurily for all sums sccurcd by Ihls Securlly Inslrument. If the Funds held by Lender exceed thc amounts permiued to be held by applicable law, Lender shallaccoum to Borrower for the excess Funds in accordancc with the rcqaircmems of applicable law. If the amount of Ihe Funds held by Lender al any lime is not suCficienlto pay the Escrow Items when due, Lender may so nOlify Borrower in wrlling, and, in such Casc Borrower shall pay to Lender Ihe amoum neccssary 10 make up the deficiency. Borrowcr shall make up lhe deficlcncy in no more Ihan Iwelve monthly paymems, al Lender's sole discretion. Upon paymenl in full of all sums secured by lhis Securily Inslrumenl, Lender shall promplly refund 10 Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or selllhe Propertyo Lender, prior to the acquisilion or sale of the Property, shall apply any Funds held by Lender at Ihe time of acquisillon or sale as a credit againstlhe sums secured by this Securlly Inslrumem. 3. Appllcalloll of Payments. Unless applicable law provides otherwise, all paymenls received by Lender under paragraphs I and 2 shall be applied: first, to any prepaymcnl charges due under Ibe NOle; second, to amounts payable under paragraph 2; third. 10 imerest due; fourlh, 10 principal due; and last, 10 any lale charges due under the Note. 4, Charges; Liens, Borrower shall pay alllaxes, assessmenls, charges, fines and imposilions auributable 10 IIle Property which may atlain priority over this Securily Instrument, and leasehold paymenls or ground rents, if any 0 Borrower shall pay these obligations In Ihe manner provided in paragraph 2, or if nol paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts 10 be paid under this paragrapho If Borrower makes thesc payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priorily over this Security Instrument unless Borrower: (a) agrees in writing to the paymenl of the obligalion secured by the lien in a manner acceplable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the olien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement salis factory to Lender subor- dinaling the lien to this Security Inslrument. If Lender determines that any part of the Property is subject to a lien which may allain priority over this Security Instrument, Lender may give Borrower a notice idenlilil/ng the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of nolice. 5. Hazard or Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "exlended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be mainlained in the amounts and Form 3039 9190 /pall' 2 of 6 pag.s) . [, " " , , and Is obtained. Borrowcr shall'pay Ihe premiums requircd 10 nlllir,tain mortgage Insurance In effccl, or 10 provide a loss reserve, unlil the requirement for mortgage insurance cnds In accordance wilh any written agreemenl betwcen Borrowcr and Lender or applicable law. 9. Inspection. Lender or ils agent may make reasonable enlries upon and inspections of the Property 0 Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause (or the inspectiono 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, In connection wilh any condemnation or other taking !Jf any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Propeny, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the evenl of a partial taking of the Property in which the fair market value of the Property Immediately before the taking is equal to or greater than the amount of the sums secured by this Seeurity Instrument immediately before the takingo unless Borrower and Lender otherwise agree in writing, the sums secured by this Securily Instrument shall be reduced by the amount o( the procecds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the takinll, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value o( the Property immediately be(ore the taking is less than the amount of the sums secured im- mediately before the taking, unless Borrower and Lender otherwise agree in wriling or unless applicableJaw otherwise pro- vides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender wilhin 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date o( the monthly payments referred to in paragraphs 1 and 2 or change the amount o( such payments. H. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower ur Borrower's successors in inleresto Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Securily Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the cxercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execule the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey thaI Borrower's interest in the Property under the terms of this Security Instrument: (b) is not personally obligated to pay the sums secured by this Securily Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Propeny Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal Jaw and the law of the jurisdiction in which the Propeny is locatedo In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provisiono To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. Farm 3039 9}JQ (pag. 4 of 6 pagts) " I ~' I' ~ J (, \ , . I j l.l l , J ') I I' , , ! i l I~ I , i I I k , . 22. Release. Upon payment o( all sums sccured by this Sccurlty Instrument. Ihls Security Instrument and the est ale convcyed shall terminate and becomc voldo Aftcr such occurrence, Lendef shall discharge and satisfy this Sccurlty Instrument whhout chargc to Borrowcro Borrower shall pay any rccordallon costs. 23. Waivers. Borrower, to Ihe extent pcrmllled by applicable law, waives and releascs any error Of defects In proceedings to enforce this Security Instrumcnt, and hereby waives the benefit of any prcsent or fUlure laws providing for stay of execution, extension of time, exempllon from allachment, levy and sale, and homestcad exemption. 24. Reinstatement Peflod. Borrowcr's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sherlfrs sale or olher sale pursuant to this Security Instrument. 25. Purchose Money Mortgage. If any of the debt secured by this Securily Instrument Is lent to Borrowef to acquire title to the Propcrty, this Security Instrumcnt shall be a purchase moncy mortgageo . 26. Interest Rate Arter Judgment. Borrower agrees that the Inlerest rate payable after a judgment Is entered on the Note Of In an action of mortgage foreclosure shall be Ihe fate payable from time to time under the Noleo 27. Riders to this SecurUy Instrument. If one or more riders are executed by Borrowef and recorded togelher with this Security Instrument, the covenants and agreements of each such rider shall be Incorporated Into and shall amend and supplement the covenants and agrcements of this Security Instrument as If the rlder(s) were a part of this Security Instrumenl. [Check applicable box(es)] o Adjustable Rate Rider ' '0 Condominium Rider o Gradualed Payment Rldef 0 Planned Unit Development Rldef o Balloon Rider 0 Rate Improvement Ridef G1I' Other(s) [specify] Schedule 'A,' Description o 14 Family Rider o Biweekly Payment Rider o Second Home Rldef BY SIGNING BELOW, Borrowef accepts and agrees to the tcnns and covenants containelln this Security Instrumenl and In any rlder(s) executed by Borrower and recorded with It. Witnesses: 1J.boo~ <<.If~~ ~2~___ (5..1) Social Security Numbef (Spaco 0010" Thls Uno For Aekno"ledementI " ,~ Fonn 3039 9/90 (po,. 6 0/6 pa,u) '0 .- COMMONWEALTH OF Pennsylvania County of Cumberland . } 55.: On this the 19th day of May 1995, before me, the undersigned ofOcer, personnJly appeared MARLENE E. DUFF and RALPH L. DUFF, JR. ,known to me (or satls(actorlly proven) to be the person/s whose namels Is/arc subscribed to the within Instrument and acknowledgcd that he/she/they executed the same for the purposes thereIn contained. In witness whereof I hereunto set my hand and o(ficlnJ sealo ~~""~~f1t:.l......................... NocMnl Sool Iiletzl A. Morrisono Nolaty PlAlIc c..IsIe Baoo Q.mber1atd County My Ccmmlsc.lon E:qJms Coo. 15, 1996 , f'llonsyto';na of NolaI1es - I hereby certify that the precise address of the Mortgagee Is: 400 Broad Street, Milford PA 18337 .......,.................................................................................................................. ,41. . . . ADD~NDUM TO CONSTRUCTION LOAN MORTGAGE DURING the construction period commcncing the 19th day of May, 1995. Borrowcr(s) will make payments of intercst only on thc amount of the Loan disburscd pursuant to the Construction Loan Agreement of even date hercwith bctwcen the parties hercto and At Your Service Contractors. In the event the building or buildings to be constructed are not completed by October I, 1995 interest shall, nevertheless, be charged upon the total amount of the loan whether the loan is in whole or in part disbursed, and regular monthly payments of principal, interest and other charges as provided in the Note shall be made by the Borrowero In addition to the premises described in Schcdule A, the lien of this Mortgage shall attach to all building supplies, building materials and all equipment and other personal property required or used in the construction of said buildings on the premises hercin described whether onlhe ground or in any of the buildings on said lot. The several sums of money aggregating the full amount of the debt secured by this Mortgage are to be advanced by the Mortgagee to the Mortgagors in accordance with the terms and requirements of a certain Construction Loan Agreement of even date herewith and the breach by the Mortgagors of any covenant, agreement or undcrstanding therein contained shall constitute a default hercunder and entitle the Mortgagee to each and every remedy provided in said Construction Loan Agreement and in this Mortgage. (,seal) -Borrower Seal) -Borrower , " I I , j:..... '"' NOTE MaYJ.lLJ~.!l,5 Carlisle ~ennsyl..iania_ ICltvl (It.t.) __Lo,L13,,_Smi th_Road,_T/.South_Middleton ,_Co/..cumberland,_PA_l.7.3,2,L- (Proper tv Add"..) 10 nORROIVER'S PROMISE TO PAY In return ror a loan Ihal I have received, I promise 10 p~y U.S. $__9.0.,.2.12-,_0.0_ (lhls amount Is called .prlnclpal-), plus Inleresl, 10 the order of the Lender. The L.cnder Is .......,...Ulpenn.Corporlllon".....................................................~ :I.PcnnsyIVllOla..corporallon I understand thallhe Lender may Ironsfcr Ihls Nole:. The Lender or anyone who Inkes Ihls Nole by transfer and who Is entitled 10 receive payments under Ihls NOll: Is called lhe -Nole Holder,- 20 INTEREST Interest wlll be: ch3rgcd on unpaid principal unlillhc (ull amount of principal hIlS been paid. I will pay Interest at a yearly ralc of-9_I...O %. " The Interest ralc required by this Seellon 2 Is Ihe rale I will pay bOlh before and afler any default described In Section 6(0) of this Nole. See Addendum nllaehed hereto and made a part hereor. 30 PAVMENTS (A) Time and Place or Paymenl5 I will pay principal Dnd Inlerest by making paymenls every month. I wlll make my monlhly payments on Ihe......l,e,t............ day of each mOnlh beginning on ....No.y.embe.r.._.l.a.t.,~_ 1.9.9.5_...._. . I will make Ihese paymenls every monlh unllll have paid all of Ihe principal and Inlerest and any olher charges describcd below Ihat I may owe under this Note. My monthly payments will be applied 10 Inleresl before principal. If on -\7-"ne-l-l_2..o.aS , I stili owe amO'JnlS under Ihls Note, I will pay those amounls In full on that date, which Is called the .maturlly dale.. I will m,ke my monlhly p'ymenl' " ...iOOJlr,o,d'-stree,I..Mllfotd.fA.18337 ................................................M.........................".......................... or at a different place If required by Ihe Note Holder. (0) Amount or Monthly Paymen15 My monlhly p'yment will b<: In Ihe ,mounl or U,S, S,....731,o,9~,..,.._......__.._,..,_,_....... 40 nORROIVER'S RIGlIT TO PREPA V 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 wllllelJ the Note Holder In wrlling that I am doing so. I may make a full prepayment or panlal prepaymenls without paying any prepayment charge. The Nole Holder will use all of my prepayments to reduce the amount of principal that I owe under this Nole. If I make a panlal prepayment, there will be no changes In lhe due dale or In Ihe amount of my monthly payment unless the Nole Holder agrees In writing to Ihose changes. So LOAN CHARGES If a law, which applies 10 Ihls loan and which sets maximum loan charges. is finally Inlerpreted so Ihat Ihe Interest or olher loan charges collected or to be collecll:d In connecllon with Ihls loan exceed the pennltted limits, lhen: (I) any such loan charge shall be reduced by Ihe amount necessary 10 reduce the charge 10 the permllled limit: and (II) any sums already collecled from me which exceeded pcnnlued lImhs will be refunded to me. The Note Holder may choose 10 make lhlJ refund by reducing lhe principal 1 owe under this Nole or by making a dlrl'Ct paymenllo me. 1(. refund reduces principal, the reducllon wltl be lre.lIed liS a panlal prepayment. 60 BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lnle Charge Cor Overdue Payments If the NOle Holder has nol received the full amount of any mOnlhly payment by the end oL.....15"...salcndar days afler Ihe dale It Is due, I wlll pay a late charge to Ihe Nole Holder. The amount of the charge will be 5 ~ or my overdue payment of principal and Inleresl. 1 will pay Ihis laic charge promptly bUI only once on each late paymenl. (B) Derault If I do nOI pay Ihe full amounl of each monlhly payment on Ihe date It Is due, I will be In dcfauh. (C) Notice or Derault If I am In default, Ihe NOle Holder may send me a wrluen nOllce lelllng me Ihat ie I do not pay Ihe overdue amount by a cenaln dale, the Nole Holder may require me to pay Immediately Ihe full amount of principal which hu not been paid and alllhe Inlerest Ihat I owe on Ihat amount. That dale must be at least 30 days after the dale on which the notice Is delivered or mailed 10 me. (D) No Waiver Oy Note Holder Even 1ft tlt :: :!me when I am In de(:1uh, the Note Holder docs not require me to pay Immedlalc:ly In full Q:; described above, Ihe NOle Holder wlll slllI have Ihe rlghllo do so if J am In def:1ult tlt a later lime. (E) PO)'Rltnl or Note Holder's Cosls ond Expenses If the Note Holder has required me 10 pay Immediately In full as described above, the Nole Holder will have lhe right to be paid back by me for all of lis costs and expcnses In enforcing this NOle to the eXlent not prohibited by appllcabte taw. Those e~pcllses Include. for examplco, reasonable allomeys' fees. 7. GIVING OF NOTICES Unless applicable law requires a dlfferenl melhod, any nOllce Ihat must be given 10 me under Ihls NOle will be given by delivering liar by mailing il by first class ma11lo me at the Property Address above or at a different addrel' Ie I live lhe Note lIo1der a nollce of my dlrrerent address. Any notice thai must be given 10 the NOle Holder under Ihls NOle will be given by mailing it by fint clus mall to Ihe NOle Holder al the address slated In Section 3(A) above or al a different address if I am given a notice of Ihal different address. HULTlSTATE FIXED RATE NOTE"S1n,te '",lIy..FNHA/rHLJIC UtllFORlt INSTRUMENT Foro 3200 12183 - 80 OnLlGATIONS OF 1'~;IIS0NS UNlmll TillS NOTE Irmore Ihan one person signs Ihls Note, each person II fully And personlllly obligated 10 keep all orlhe promises made In Ihls Notc, Including the promise 10 pay the rullamounl owed. Any person who Is a guarantor, lurely or endorser of Ihls Nole II also obligated 10 do thue things. Any person who talccs over these obligations, Including the obllgallons or I guarantor. lurely or endorser of Ihls NOle, Is also obligated 10 keep all or the promises made In this NOle. The Nole Holder may enforce lis rtahu under Ihls NOle .gllnsl each person Individually or 8galnsI all of us togelher. TIll! means Ihal any Dnc ur us may be required 10 pay all of the amounls owed under Ihls NOle. 9. WAIVEIIS I and any olher person who has obligations under Ihls Notc waive the rights of presenlment and nollce of dishonor. -Presentmenl- means the rlghllo require the Note Holder 10 dem:md pnymenl of amounu due. -Notice of dishonor- mew Ihe rlshllo require Ihe Note Bolder 10 give notice to other person! Ihat amounls due have not been paid. 10. UNIFOIIM SECl1IIEII NOTE This NOle Is a uniform Inslrument wllh IImlled varlallons In some jurlsdlcllons. In addition 10 the prolecllons given 10 the Note Holder under Ihls Note, a Monlltge. Deed ofTrult or Security Deed (the -Security Inslrument-), dated the IBme dale as 'his NOle. proleCIS Ihe Note Holder rrom possible losse. wblch mlghl re'Ulllr I do nol keep the proml... Which I make In Ihls NOle, That Securlly Inslrument describes how and under what candlllons I may be required 10 make Immcdlale payment In full of all amounls I owe under Ihls Note. Some of those conditions arc described as follows: Transfer of Che Property or D DenencfallnCel't'lC In Dorrower. If all or any part of Ihe property or any Intereslln Ills laid or Iransferred (or If a benenclallnlercst In Borrower Is sold or Iransferred and Borrower "not a natural person) whhout Lender's prior wrlllen tonsent, Lender may, al hs opllon. require Immedlale payment In full of all sums secured by Ihls Security Inslrumenl. However. this opllon shall not be Cllerclsed by Lender If exercise Is prohlblled by federal law as of Ihe date of Ihls Security Instrumenl. If Lender exercises Ihls opllon. Lender shall give Borrower notice of acceleration. The notice shall provide a period of nOI less Ihan 30 days from Ihe dale the nolke Is delivered or mailed within whleh Borrower must pay all sums secured by this Securlly Inslrument, If Borrower falls 10 PlY these IUnu prior 10 Ihe expiration of Ihls period, Lender may Invoke MY remedies pennlned by Ihls Securlly Instrumenl wlthoul funher nOllce or demand on Borrower, WITNESS niB HAND(S) AND SEAL(S) OP niB UNDERSlONED. UIII) --SorrOWfr COMMONWEALTH OF Pennsylvania, Couney of Cumberland .....................................................................................................(S..l) --OorrOWfr } ss.: '. On thl. Ihe 19lh day or May 19950 berore meo Ih, undersigned orncero personally appeared MARLENE E. DUFF and RALPH L. DUFF, JR., known to me (or satisfactorily proven) to be the pcrsonl. whose name/. Is/arc subscribed to lhe wllhln Instrument and acknowledged Ihat he/she/they execuled the same (or the purposes therein conlalned, In witness whereof I hereunlo set my hand and omclal seal1'::/ , ....r.J~ ....,.,dtmOl:tJ1I.JOlL_ Notal)l Public _SetJ _A. '''"''''''' tmry P\bIc CMob.....~ea.nv "...~e.,...u.c.'s,'1l9<l . . I will pay Imeresl only during the lcnn or lhe Conslrucllon Loan Agreemenl belween Ihe panles herelo and Al Your Service Contraclors c~eculed slmullaneously wllh lhe e~ecullon of Ihls NOleo Inleresl will be charged al a rale or 900 % per annum on that ponlon of Ihe principal sum thaI has been advanced pursuanl 10 Ihe Conslrucllon Loan Agreement. AI>DL oDUM TO CONSTRUCTION LOAI, ..rOTE I will make my llIleresl paymenls on Ihe firsl day or each momh beginning on June 1sI, 19950 In Ihe evem Ihne the building or buildings to be constructed are not compleled by OClober I, 1995, Imeresl shall, nonelhcless, be chargcd upon lhe 10101 amounl or the loan Whether the loan Is In whole or In pan disbursed, and regular monthly paymenls of principal, Interesl and olher charges as provided In Ihe NOle shall be made by lhe Borrower(s)o I will make my monlhly paymenls al400 Broad Slreelo Milford PA 18337, or al a different place Ir required by Ihe NOle Holdero -........-.......-....---- ---,_ (Seal) -norrower (5..1) -Borrower ,0 lJ.f-~........-oo+oo ::lt111J1.o \1I1lA.J:Jr'LIr'r D..I::r,.~ .lHI, IICrJ ::ro 1.~.urJ I- " .., ..,1Y 1;J./'3-cn-f //tJ?.4 - . ASSIGNMIlNT OF MOItTGAGR Y KNOW ALL MEN DY T1JIlSB PRIlSmrrs: TIW Inpenn Corpomlono located " ~OO D~ SlRCt, Milt"!" PA 18337, hctolndool&Jlltcd u tho AilI,nor. to< IllId I.oo..ldenllo. ot tho JlIll\ or NlNBTY T110USAND 8IlVIlN HUNDRED 81lV1lNTY-'lWO AND 00/100. - - ($90. m.oo)- -DoIIIR 100 othe: lood '00 nluoble C:Olllldmllo., tho _lpC whereot II """'by ICImowtedpd. doca by theIe pmonllaal,n 10 UtJter SaYlnp DaIlk, located 1l28O W,II Street. Klopl.n, NY 12401, hen>1n dCl1alllted u tho AilIIJI<C, , mOrli'ao dltcd May 19th. 1995, made by MARLENIl H. DUFF aod RALPII Lo DUW, JR. o. Janel. located .1 TISotllb Mlddlclo.ln 'ho Counly ot CUmborIaod aod SIIto ot PA, lu """"" po""",,' ottho pnnc.lpallllm ot $90.772.00, wtdch 1'0011"'0 II be/ng ...._ .lmulwto:oully hoMwllh In tho om,. ot tho JlI:alltrar otCumbenlllld Coonly. IOlolher wltb Ihe NnCa lhcrtln -.Ibecl, IJld tho money duo 100 10 .row cluo I1lOlOOn, wltb tho 1oIemI. 10 havelJld 10 hold tho ..... ~ tho Aid Aalaneo tore..... IlIbJcct only 10 III tho provlllooa c:o...1nccl1n die M0rf&4'" IllId tho NoCao . AND mil SAID ASSIGNOR bereby ooDll\lulol IllId 'ppolnla tho ^"'- u tho AIIlano,', true ard Iawlld 'Itomey. lrmocAblo In IIw or In .q.lty. In tho ~llllOr'l ....., placelnd "Old bul.t tho AIIIan='1 cOIl and _0',10 bave, .... and tab: IU lawful waY' and _Ill tor tho roco.cry ot all tho aid money and InloreItI IllId III tho .... or payment, 10 dlscl1a'110 lho IIllIll u tully u lito Aad&aor ml&hl or could do It theIe ri- weI'D no! madoo Aocllbe ^"llIIOr 00.....11, Ibat thoro II llOW duo and owing upOn tho aid MOI1",o and tho NOlO ICOUmI lI....by. lito IUm ot N1NIlT'r' THOUSAND SIIVEN HUNI>RED SHVENTY-'lWO AND 001100- - -($90,m.OO)- - -Dollan principal with 'nlCtCl' tbmon to be computed .t tho Rio ot 9.0S per 1lllIIII'D IJld u set torlb 10 lbe Note trom May 19, 1995. and that lhere Ire DOt R(Orr., cou~talml or dc(CDItIlgalnst the same. In law or In equity, nor ha.e tbero been ,oy modlflc:allol1l or otbc:r cball&aln tho on,I..llonn. II1o...t, oU....tha.. IS lUted therein. IN WlTNIlSS WHEREOF tho IIId Aillg..' hu bcrcunlo cawed ~ p...colllO be "Iced by III proper oorporalo om_ and III c:orporalO lOll 10 be b=to a rr dlyor ~y . 1995. . .....~~.~ ~ '"",,",''r,j,.~ A'ITIlST:. Ulpeno (:orporall~n "i' '1'f#I~6';:.:'; -,\\- 0)' - 0 n~ ~ 0 ~"'(~'}"" "_I I M.c nop~nT P. ZIECLER By: - 0 1;" , ,- , RECOROEn Of DEEDS TAIlK().USA JOHNS N f,j,'S''' ,'. er1fC4. "UllOEnLAIID COUIITY-PA AaaIJIInt_ry ~~..ii~;o:!'L. ..;;-;/ ' ~~~~."tI-:.r STATSOFNHWYolllli,~~o,l'tI1iJ.J.iI 0" 70' I CIlRTlFY Ibat 00 /fiN ..rL.. 1995 , TAEKO-uslJOHNSON pcnoooUy c:amc betOI'D me Ind aclalowJodaeclu_ oath, 10 my lIllstactlon, Ihat (a) al>o .Iaced, acalecl and dell.ered 1110 wllhln AIIIIJIIllOIll or MOl1Jlgc u Aalllalll SccteIlJ7 or Ulpeno Corpo,lllon, the cmporllloo named In lito Aalaoma>t; (b) tho proper c:orporalo acal WI' IllIxecl: ancI (0) lito AadjpDOlll of Modpp .... alped and made by tho c:orponlloo u III VOIUollrylCt"oo~=orl\lthorltytrolll~1lI orD~. _ -~:':o'1"~ _~Lr7J~/-'r~-' ~.-.......,o'" lie MI'~aJIIIa~lI.t&.QP , Illorcby certify that tho pRclIo add.... of Iho AIIIan= II: 280 WaII.Sued, P.O. Box 3337, KllIJlIton. New Yorlc Iml r/J~ .p,4i ~o.-.<< ifi/Cl /'ACe 74!.I "r .-,,' L" " AND 'h. ,flld 171",,,'or IU!rllbv tOIl'"a"lll and GDr,l'a 'lid aha wilt Wlu"l"llnl gonerally 'h, p'Ol'.r'" II,r,b., Clmll'V'd. hllnd and frld IN WITNESS WIIEREOF. luid ura"for hID herllunfo lei her ,he dl't1/ and lI'~ar ftrd above utriHen" Ci'llJllttl,U'talrDlllIDJDrllbrrtD 1..~':t:tr~Uo'-""'''~ ~llIldrl"nl:.r ............m.......'...................."...".....".........".........m'~ :::::::::::z:~:,',,::::~::::::::,::~::::::::::::::::::::::::::::::::.:::::::::::::::::::::::::::::::::::::::::::::::::~ ~ I;\I;;"!~~ tij~:;;'" ... ~ = itflB! a~~!1l li ~ ~ -- 'tl ~ .ig,~ ~ ~ !~ lI' b" '" ~ . Bj ,~ ~ E '" i ; i! a~~; 1 0;: e!ilff- ~ ~ -- .l1 - I I ~sa ~n~ ;; r;mr;~~ Jl ol! StaIn nl PEIlNS'lLVI\NIA }". COllftltl (If aJMIlElUJ\Nll 0" ,M'l th. /? 1$ dllll (If May , 1195 . 11110,. "'~I a Hotaty Publ1c, the ,,"dc:rdqned (ltlieel', p"...ort4111/ appeared corothy H. SOtIOrB, Widow, eoOK :122 11tE 50B .' " '.. ,0 , 1\ , ; Slid, ul If" ,,"dill'dulled /lUlc"" 11II',o1lnllu IIPIJt'Q"1I1 01' . h./nrf 11I#, l.', I' I ( II i i , I !. CUllnllf fit On tAiI,lh. dJII 01 }", knmun to nle (IU' Iflll.ollar/urilu III1JIIIIII) It) ',r Mil ''''''011 who" 111111I0 ,"b'crlbcd to "" lullM" '"",'/II",n', lwd t1ckllnlut.durd 'hili tlO ,z'r.rd"d Ih. .amn/u,' Ihe 11IU'pOUI tlll~t'dll f.ontalllcd. I IN WITNESS WHEr.eOr. I hmmlllp ut IIlV !Hlnd flntl pOle/rll "ai, ......................................"...............................................~ ....................................................................................... Titlr 01 OUtcat', i" till Atrebv ce,.till/that tlln Ill'cel.u ndd,"c, "nd cflmp'"'' "011 uDite nd,II'IIIt, e/lll. lUitl&iu Ilalll.d orant,.. i, 31 v Ifn?~ ,l(d. I. &;h~ ~fJ/'~s.lt117Cl:J7 ~..5,...~................. AltClMltllllur stILi?1A..~.,............,..,......,.... i' I I rJ ~. I >- . JQ I- ~ Z ~ ~ < Cw f ~ c:: ~ ~.~. c:: E < E , ..;~ :=: ! h' COMMONII{fALT/( OF PE:NNSYloVANJA 1 ~llv.{11 ..l.\J,.M.hQ~\.01Q..........,.................... f'" ":"Ef~K~'''f,~1'' . ""'\~ Md l1~",}lit~~~~"'T1, RE:C1f{3E:D on Ih.. . .....ON.............. dn. .1 ....,."" ..........................._.. ');'IIOC~;N.i!!ij; i:J~.!am~' ..1. D. IU..~.., ill 1M 1:cctJI'tler', uQic, o( th, .alt/ CIIIIJltu, j, D,,,:J Oook ".~,'\:'" ~:--,;t )' ~..., o,~o'fJJ/"f';" "~I~~"i1lj;o 1rGl;...., <1:10,.......'0 P...~::r:::........... .~J},. ;:~ . ""'VI,,, ~.U! . I r(::;t.~r:Kh'~'I' I .../T G{IJ~n ,,",lcl' IIlU lm/lfl 1t",1 till' .~QI fI( tilt ""111 vUle,! Ih" t1ntu fit""". WrlUllII. !,..,..~o..;?, ~ '1,~ .L:I '3,: '0:i~h iiW"Il" 4Jr:-~..7~...~/'--......0 R.....dor, DOO! 122 I,\C[ 509 ::' '!.,. '.1:0.' .;1' U~N~\t~NGt CATlNA, 1.1.1' AnflRNJ:l1ATIA,,' AlA.l(PRJO:WU/NO October 8, 1997 ; " I: ! " Ralph Lo Duff, Jr. Marlene E. Duff Lot 13, Smith Road South Middleton, PA 17324 Ralph L. Duff, Jr. Marlene E. Duff P.O. Box 422 Boiling Springs, PA 17007 Ralph L. Duff, Jr. Marlene E. Duff 512 Franklin Street Carlisle, PA 17013-1860 Re: Ulster Savings Bank vSo Duff Deal' Mro and Mrso Duff: The MORTGAGE held by our client Ulster Savings Bank on YOUI' property located at Lot 13, Smith Road, South Middleton, Cumberland County, Pennsylvania, (Lender), IS IN SERIOUS DEFAULT because ~ou have not made the monthly payments of i903.30 for the months of March April. Mav, June, Julv. AUlrust and September. 1997. Late charges have also accrued to this date in the amount of $629.14. The total amount now required to cure this default, or in other words, to get caught up in your . payments, as of the date of this letter, is $7,054.200 You may cure this defau~t within THIRTY f301 DAYS of the date of this letter, b a in to our client the above amount of ~ 7.054.20 Ius an additional monthly payments and late chare:es which may fall due durine: this period. That payment must be made either by cash, cashier's check, certified check or money order. If you do not cure the default within THIRTY (30) DAYS, our client intends to exercise the rie:ht to accelerate the morte:ae:e payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, our client also intends to start a lawsuit to foreclose your morte:ae:ed property. If the morte:ae:e is foreclosed our mort a ed ro ert will be sold b the Sheriff to a off the morte:ae:e debt. If our client refers your case to us, but you cure the default before we begin leg~l proceedings against you, you will still have to pay the reasonable f'I..f.A.~REPU'ro · STROUllSIIURG: HOO M1JnStn.'l.1 . SlroUlbhurg. PA 18j((I . (717) 414-1)400. fAX (717) 424.9H6 o IllAK1-:SlJ-J:: P<xl0ftlCt'llot~6. 8WiC'SrC't'.PAIKtllO. (717)6i6-Z411O. FAX(717J64IHS6J attorney's fees actually incurred, up to $50.00. If legal proceedings are started against you, however, you will have to pay the reasonable attorney's fees even if they are over $50000. Any attorney's fees will be added to whatever you owe our client, which may also include reasonable costso Ifvou cure the default within the thirty day period. YOU will not be required to pay additional attorney's fees. Our client may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. . If you have not cured the default within the thirty day period and foreclosure proceedings have begun, YOU still have the rie:ht to cure the default and prevent the sale at an time u to on hour before the Sheriff's foreclosure sale. You ma do so b a in the total amount of the un aid monthl a. ments ~lus any late or other chare:es then due, as well as the reasonable attorne;',s fees and costs connected with the foreclosure sale and t1erform any other requirements under the mortJ!:aJ!:e. It is estimated that the earliest date that such a Sheriffs Sale could be held would be in approximately ninety (90) days. A notice of the date of the Sheriffs Sale wiII be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you waito You may find out at any time exactly what the required payment wiII be by calling our firm at the following number: (717) 424-9400. This payment must be in cash, cashier's check, certified check or money order and made payable to our firm at 800 Main Street, Stroudsburg, Pennsylvania 18360. You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs Sale, a lawsuit wiII be started to evict you. You have additional rights to help protect your interest in the propertyo YOU HAVE 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 MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT OUR FIRM TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALFo '\ o o' If YOU cure the default. the mortl!:ae:e will be restored to the same position as if no default had occurred. You are not entitled to this right to cure your default, however, more than three times in any calendar year. APY /bao CERTIFIED MAIL RETURN RECEIPT REQUESTED Copy: First Class Mail ,IIANNA~ YOUNG, UPIUGItT& CATINA,I.l.1' AnllllHU5 AT I.A'- AUH NUm Yot1N(j October 8, 1997 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS RE: Notice of Default Mortgage dated: May 19,1995 Property Address: Lot 13, Smith Road, South Middleton, Cumberland County, Pao 17324 TO: Ralph and Marlene Duff FROM: Hanna, Young, Upright & Catina, LLP, Attorneys for Ulster Savings Bank, Lender ' Your mortgage is in serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $7,054.20. That sum includes the following: Payments of principal and interest for the months of March, April, May, June, July, August and September, 1997 in the amount of $903.30 each plus late charges in the amount.,pf $36060 each month. .., Your mortgage is also in default for the following reason: You have failed to make monthly payments of principal and interest since February, 1997 in the amount of $903.30 each. Late charges have also accrued in the amount of $629.14. You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstance beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. nl'A'ilIUl'U'TO. . STHOtJOSntJRG: IiOIHI.aln SUtt'l . StrOUlbhullo PA 18.J60 . (717) 4Z4.9~OO. FAX (717) 04.9426 o IIWJ:iU:r.: I'o~OOict'&llS6. Bw.nI'~.rAIK610. (717)M6-Z(S6. fAX(7I7)646--4S63 Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Noticeo During that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan"or to otherwise settle your delinquency. That meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of that meeting. The name, address and telephone number of Our representative is: Alan Price Young, Esquire, Hanna, Young, Upright & Catina, LLP, 800 Main Street, StroUdsburg, Pennsylvania, 18360. Telephone Number: (717) 424-9400. The names and addresses of designat~d consumer credit counseling agencies are: 1. Harrisburg Consumer Credit Counseling Service of Western Pennsylvania Human Services BUilding 2000 Linglestown Road HarriSburg,PA 17102 (717) 541-1757 ... 2. Urban League of Metropolitan Harrisburg North Sixth Street Harrisburg, PA 17101 (717) 234-5925 3. Community Action Commission of the Capitol Region 1514 Derry Street Harrisburg, Pennsylvania 17104 (717) 232-9757 4. YMCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 5. Financial Counseling Service of Franklin 31 West Third Street Waynesboro, PA 17268 (717) 762-3285 It is only nec~ssary to schedule on~ fac~-to-fac~ meetingo You should advise this office immediately of your intentionso If you have tried and are unable to resolve this problem at or after YO\:lr face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with the Pennsylvania Housing Finance Agency. The consumer credit counseling agency will assist you in filling out your applicationo It must be rued or postmarked, within thirty (30) days of your face-to-face meeting. You must either mail your application to the Pennsylvania Housing Finance Agency, or you must file it at the office of one of the designated consumer credit counseling agencies listed above. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P.O. Box 8029, Harrisburg, Pennsylvania, 17105. Telephone No. (717) 780-3800 or 1-800-342-2397 (toll free number). An application for assistance may be obtained from this office, from a consumer credit counseling agency, or directly from the Pennsylvania Housing Finance Agency. It is,Jlxtremely important that you rue your application promptly. lfyou do not do so, or it you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limitedo They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The counseling agency will help you fill out the application. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives YOUI' application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. \ ..;.. , ..' i I 1:. i. ~ : . ; i'd, iLl,,:; i,j':Ul)L,\!,. C. ^~_~E 110: 1 C;:i';.iO CI(}Ur:...~ I CCiIHIOllWC,\LTII Ui: I'DHl:~YL'Ii\::.1,\: ':OUlIT'l UF CUMHEfiLAl/[l thc' UL,~TEr\ SA 'I ItlG~; !JAtll\ Iff;' ..1. DUFF RALPH L .iR ET AL sn;VE E. WHISTLEI~ . Sll..:lriif ul' Deput)' Sher1i.l 01 CUMBERLAND County, rennGylv~ni~, who boing duly sworn according to lall. ",aye, the> within CUIIPL,IHIT - MORT FORE upon DUFF MARLElIE E defendant, ut :::01711 :00 HOURS, on Lh~' lBLh day 01 Februal'Y "'US Gel" VE..'d 1998 at 512 FRAlIUN 5TriEET CARLISLE, PA 17013 County, F,'?nns}'lvanid, by hand~llg to riARLENE DUFF , CUI1llERL,IN[, a true and attested cupy of the COMPLAINT - MORT FORE and at the same time dirt-IC'-Ling H''=>l" attentlon to thE.;' cont.~:nts thereof. Slleriff'a CoslG: Docketing Service Affidavit Surcharge G.0'" J. 10 .00 5.00 50 anSIl(!I'Y~~~~ h:. 1 noma::;:; ~\ll.fl''::.l, ::-'II''::'f .ll.l. '01:0. II<! flAlltlA 'lOUrlG I:. UH\IGHT eI2/l'9/~~9~_ L~~ Ueputy ::'tH::T~~l Sworn and SUbscl-ibed to beior0 m~ this -LLf!::- 'ja)O u1 3..Lt.... - .. 1 19 'If A.D. eI c.........C'. !vu Oe,,,~ I_~ ~ rroltJonolilry , I , i~ k , __.J,:; COURT OF COMMON ~LEAS OF THE NINTH JUDICIAL DISTRICt: COMMONWEALTH OF PENNSYLVANIA - CUf!'IBERLAND COUNTY CIVIL ACTION ULSTER SAVINGS BANK, Plaintiff v. NO. 852 CIVIL 1998 RALPH L. DUFF, JR. and MARLENE E. DUFF, Husband and wife, Defendants ACTION IN MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT 1 < TO THE PROTHONOTARY: IIANNAo YOUNOo UPRIGHT ... CATINAo LLP ATrORNEY9 AT LAW 800 MAIN STREET STROUDsnUROo PA IIl300 1717)424.8400 Please enter a judgment by default In favor of Plaintiff Ulster Savings Bank and against Defendants, Ralph L. Duff, Jr. and Marlene E. Duff, husband and wife, for their failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within twenty days from the date of service thereof. Defendants were served with the Complaint on February 18, 1998 and their answer was due to be filed on March la, 1998. '". Attached as Exhibit "A" Is a copy of Plaintiffs written Important Notice of Default which I certify was mailed by regular mall to the Defendants at their last known addresses on March 23, 1998, which Is at least ten days prior to the filing of this Praecipe. Please assess damages In the amount of $100,334.01, plus Interest from February 3, 1998, costs, and attorney's fees. HANNA, YOUNG, UPRIGHT & CATINA, LLP Attorneys for Plaintiff Ulster Savings Bank 41\ "411"tlIl4' .." J;"~ "I" Illl! """(lIU@ ,\ exhibit A "'0',," ,,:..-,.~M.:".."""_""""'-';:~, '-"-"''':'''" ',""; U", PO'TAL 'EAVICE CERT FICATE OF MAILING MAY DE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES Nor PROVIDE FOR INSURANCE-POSTMASTER Stroudsbur PA 18360 'l)- r~ .6 1./ 'c:.' u ,\, (..1 " '- 'r- rro.. L( \ - .~~,\ '''l..~ .,. CATINA, LLP ,. '""-;",;ff: ....,., ,':"'-",. ( " .-";"~' .~:: h.a, ,I,. ~" ",,,-... I., ,....r. r.J.... . :.. .', .. ~.:? If"'\" ,.." .... '," :r...~~J.. 'I.~ ,. I \: :f 1:1- 't;il\ ",~, ,. M .~~_JiU ......... ..... Received From; HANNA, YOUNG UPRIGHT & 800 Main Street One pieCe 01 ordinary molliladdrltSlod 10: Mr. Ralph L. Duff. Jr. 75 Winchester Garden CarliSle, PA 17013 ~u..J l 2[/...3 PS Form 38170 Mar. 1989 . U.S, lRl: l!Ii'J-2'12-531111;:>a1 U,S, POSTAL SEAVICE CERTIFICATE OF MAILING MAY BE USED FDA DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER "', 800 Main Street Stroudsburg PA 18360 {;'~~\~fn '(11 ~ c;,lI ~ ... Cr" .. \" ~..../( '" '<lV.'~ CATINA, LLP ~,..-:"-:;.;~~. ---..... "'.., '';'''.11I; ,.. /":.~, I'. -a; 1" . ~ .-:".~~' t.s ...!~~. ~ /_ " ^'... II." \\' ,.., :,' :'~; ~~'" ...... '\ . E .":'/i('~l '1 2.~ c- '-"-~'j,~ ' MI G: (II L~)[~ I ~. Recalved From: HANNA, YOUNG, UPRIGHT & One piece 0' ordlnarv mallllddr...ed 10: Mrs. Marlene E. Duff 512 Franklin Street . ',' CarliSle, PA 17013 "~..:(O LI~.':/. PS Form 3817. Mor. 1989 ............. . U,S. lRl:l!Ii'J-2<Q.531111;:>a1 .. I I, I 'i " , ! i \ , , ~ ',-\; ALL THAT CERTAIN lot of ground sItuate In South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows pursuant to Final SubdivIsion Plan for Fred W. Sowers recorded In the Office of the Recorder of Deeds In and for Cumberland County, Pennsylvania, In Plan Book 59, Page 15: BEGINNING at a spike In the center of Pa. Rte. 94 (L.R. 342); thence In Smith Road (T-531), North 59 degrees 32 mInutes 45 seconds East 299.91 feet to a spike on the dividing line between Lot No.7 (Plan Book 53, Page 116) and Lot No. 13 (Plan Book 59, Page 15); thence by said dividing line, South 30 degrees 27 minutes 35 seconds West 290.57 feet to a steel pIn; thence by other lands of Dorothy M. Sowers, South 59 degrees 32 minutes 15 seconds West 369.52 feet to a spike In the center of Pa. Rte. 94 (L.R. 342); thence In said Pa. Rte. 94 (L.R. 342), North 16 degrees 59 minutes 30 seconds West 298.83 feet to a spike, the place of BEGINNING. BEING Lot No. 13 of the above mentioned Plan of Lots recorded In Plan Book 59, Page 15. /r \' , \. STATE Of PENNSYLVANIA, COUNTY OF CUMUERLAND J 55, I, mu_u___~~.!>_<:.~ ~_l:~_ ~_1_<:.1,; !~!.._ nu_ __ - u n __ __ n_n. __ ______ n_ _ n _____ u_ _ Recorder of Deeds in and for said Coonl)" and Slale do hereb)" cel1i()" Ihat Ihe Sheri(('s Deed in which -------______u_ ----.!J-~'!~~..r.-~!!.Y.l-'!g!U!'!D!<.____u___u__u__u_ -----nu------___uu___uu_uu__ is the go'antee Ihe same having been .old 10 said granlee on thc -u-=!r!!.:-u-----u___________uuu_u__u_____ day of --U-U------_~!l..r_';JL____o.___o.__U____ Ao Do, 19__.9JLo., under and by virtue of a wril____________u - -- ---- o._____~.!'..~ c:!!.!= L'1.1J - - -_ __ __ u _ _ _ _u u __ _ u issued on Ihe _ __ __I!.~~.:__ __ u ______. __ __ __ __ .___ ___ day of ----P.!'_C_'l'!'P.!'_L___Uo.____ A. D.. 19_J1.IL_, oul of Ihe Court of Comman Pleas of said Counly as of _u___u__________ ----- - ~~.Y_ ~~" 0._ -- -- - - -- - - -- __ __ _. ____ _ _ __ u___ _______ __ __ ____ _ Tenn, 199'&'__ u Number --~?~---______, at Ibe suit o( ---\!!.!'-I;.'l!:-ll-'!'!!!'A'!-~,!'.!lJs-u_n__u______u__uu_u____u____ -------- --- ------- --- ---- ---- --.... -- against- -~~-~~~-~_:. _~~_~~ _~:_ ..._~_!~~:~_e_~~_~.__.. _.. __ __.... __.. is duly recorded in Sheriff's Decd Book No. u!1I_6____u_. Page u_:I2,L_u___ IN TESTIMONY WHEREOF, I bave hereunto sel m)O hand and seal of said office Ibis -~f'..d._ day of -uuji~!&<:A_________"?,A. D., 19__?_L_ SG-:=:d-;[~-;io;cd. ......".... ~ I ..... CMlI. c.tIIIt. II .,.. 'r ~..,........__ '. '. ~ Ulster Savings Bank -vs- Ralph Lo Duff ,Jro nnd Marlene Eo Duff In the Court of Common Pleas of Cumberland County, Pennsylvnnia NOo 9K-K52 Civil Term Brinn Barrick, Dcpuly Shcrin' who being duly sworn according to law, says on January 14, 1999 nt 7:54 o'clock P.M. EoS:ro, he postcd a copy of rcnl Estate Writ NOlice Postcr and Description on the property of Ralph Lo Duff, Jro nnd Mnrlene Eo Duff locntcd at lot 13 3 Smith Road, Gnrdners Cumberland County, Pennsylvaninnccording to law. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, says on January 14, 1999 at 5:08 o'clock P.M. EoS.To, he served n true copy of real Estnte Writ Notice Poster and Description in the above entitled action upon one oflhe within nnmed defendnnts to wit: Ralph L. Duff Jr. by making known unto Ralph Duff Jr. at 75 Winchester gardens, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the snid true and attested copies of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, says on January 14, 1999 at 4:20 o'clock PoM.E.S.T., he served a true copy of real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Marlene Duff, by making known unto Marlene Duffat 527 Franklin Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the within Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Ralph 1. Duff, Jr. by regular mail to his last known address 75 Winchester Gardens, Carlisle, Pennsylvania. This letter was mailed under the date of January IS, 1999 and never returned to the Sheriffs Officeo R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Marlene Duff by regular mail to her last known address 512 Franklin Street, Carlisle Pennsylvania. This Letter was mailed under the date of January IS, 1999 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says after due and legal notice had been given according to law, exposed the within described premises to public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania on March 3, 1999 at 10:00 o'clock A.M. Eo S. To, and sold the same for the sum 01'$ 1.00 to Attorney David Knaurer for Ulster Savings Bank, A NY Banking Corp., 180 Schwenk Drive, Kingston, NY, Its successors and assigns. It being the highest bid and best price received for the same Ulster Savings Bank being the buyer in this execution paid to R. Thomas Kline the sum 01'$ 626.43, it being Sheriff s costso Sheriffs Costs: Docketing Poundage Posting Bills Advertising~ 30.00 12.29 15.00 15.00 Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sherifrs Deed 30000 10000 .50 1.00 6020 1.19 15.00 18000 173.75 222075 24.25 25000 26.50 $ 626.43 Pd by Ally 3-5-99 Soanswerv.?/ -_-' ~ c.<? r-~;'''-~-r-~ R. Thomas Kline, Sheriff BygfA;h_' JA~'IL Real Estate Deputy Sworn and Subscribed To Before Me This .,l / .. i- Day of fJ~1.o-> 1999 A.D., (2co/~ C. 71, 1.1 M.....-o ^+~' Pr hdnotary ~'~ 3b. !JO I. '\ t:k 2'"11"', ~. ?S'?l'fi:" ; i,i'~;,;!,J.i>\ l-:h:\~/!';;:f-i COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA - CUMBERLAND COUNTY CIVIL ACTION ULSTER SAVINGS BANK, Plaintiffs v. NO. 852 CIVIL 1998 RALPH L. DUFF, JR. and MARLENE E. DUFF, Husband and wife, , Defendants ACTION IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 ) ,\ , I j I " n <.0 f:), s; t..!J -II -.., '"} "i':r' " r~:t. . ,I, r.J ':") , 'l,~__ .' , I ",r,', '0 (. : f~.J ~ (~~, ' +~. "T.t '~ ::1 , '-. ~\-., . -~ , ';..> i,;rfl :r.... ':-l -h ~. , ::J -._~ .-.} -~ COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICI COMMONWEALTH OF PENNSYLVANIA - CUMBERLAND COUNTY CIVIL ACTION ULSTER SAVINGS BANK, Plaintiff vs. NO. 852 CIVIL 1998 RALPH L. DUFF, JR. and MARLENE E. DUFF, Husband and wife, Defendants ACTION IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RALPH L. DUFF. JR. AND MARLENE E. DUFF. husband and wife (Name of Owner or Reputed Owner-Defendant in Judgment, if different) Your house (real estate) at (address) Lot 13 Smith Road, South Middletown Township, Cumberland County, Pa. is scheduled to be sold at Sheriffs Sale on (date, time) March 3, 1999 at/D;oc) o'clock lLM. (place of sale) cJ}I.~1 ~ to enforce the court judgment of $100,334.01 plus Interest, costs and attorney's fees obtained by the judgment creditor against you. ... ,~ t.. '..".~' . - . . . YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY ANI) YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALI~ DOES TAKE PLACE 1. If the Sheriffs Sale Is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Office at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale If the bid price was grossly Inadequate compared to the value of your property. 3. The sale will go through only If the buyer pays the Sheriff the full amount due In the saleo To find out If this has happened you may call the Sheriffs Office at (717) 240-6390. 4. You have a right to remain in the property until the full amount due Is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time the buyer may bring legal proceedings to evict you. 5. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution Is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 6. You may also have other rights and defenses, or ways of getting your real estate back, If you act immediately after the sale. HANNA, YOUNG, UPRIOIIT '" CATINAo ~~P ATTORNEYS AT LAW 800 MAIN STREET STROUOSDUROo PA 18360 1717) 424.U400 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 PHONE: (717) 249-3166 'l,~,'.:":"7~-.~ NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take Immediate action: 1. The sale will be cancelled If you pay to the Sheriff's Office the amount of the judgment plus Interest, late charges, all costs and reasonable attorney's fees due. To find out how much you must pay you may call the Cumberland County Sheriff's Office at (717) 240-6390. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. HANNA, YOUNG, UPRIOJlT '" CATINAo LLP ATrORHEYS AT LAW 800 MAIN STREET STROUDSBUROo PA 18360 (7171 oIU.VoIOO \ i ,I 1 j " " I,' ;', r,b, I,.\V' .'~{~ \~/I' 1..11: , 11,i'~ .t~~t I'''' .'lf~;' ,tf1 ,1,1 "t,.1 .,~ "';~ ..;f,;,~", ;~ ,~~ '. '~I , , ALL THAT CERTAIN lot of ground situate In South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows pursuant to Final Subdivision Plan for Fred W. Sowers recorded In the Office of the Recorder of Deeds In and for Cumberland County, Pennsylvania, In Plan Book 59, Page 15: " BEGINNING at a spike In the center of Pa. Rte. 94 (L.R. 342); thence In Smith Road (T-531), North 59 degrees 32 minutes 45 seconds East 299.91 feet to a spike on the dividing line between Lot No.7 (Plan Book 53, Page 116) and Lot No. 13 (Plan Book 59, Page 15); thence by said dividing line, South 30 degrees 27 minutes 35 seconds West 290.57 feet to a steel pin; thence by other lands of Dorothy M. Sowers, South 59 degrees 32 minutes 15 seconds West 369.52 feet to a spike In the center of Pa. Rte. 94 (L.R. 342); thence In said Pa. Rte. 94 (L.R. 342), North 16 degrees 59 minutes 30 seconds West 298.83 feet to a spike, the place of BEGINNING. BEING Lot No. 13 of the above mentioned Plan of Lots recorded In Plan Book 59, Page 15. ,- " , J I' 1 ' , .' () ,-0 .:J ~:.; :':;1 " !:J " ~.~ I," \":1 ' 'n ....,. ; ci 11 j=- '.'); ,-.1':'1 .. 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