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HomeMy WebLinkAbout98-03377 I I I . ! ~! ~ . VI "I \)1 31 dl I : I i I ~I I I ~I ., I I ~i ~ ..... ~ .~ .;: ~ ~ ..... ft '" q: -...J.. \, " 'l~" ", " ".c. I I ! ( i ~I , l'- r-... "1 ~ . 0... ~ \" \, I. '. ,~ .~ ~ "\ '- G. ~~ ,1 fr- e-; ~ ;::~.' (., ,..... '" I.U., ' . \,.). (.):;". ,- A ~ '" Li: ~ .. --.,,: ,. . r,. ,~ f'.. 'oJ (?/ " I....'.. ~ M ~ ~ t",' '~ K I.;" ~ { , L'_ . l" ., ~ ~ v~ ~ ~ c~ c:-- ~ ~ ~~;~, " . ALL TIl0SE CERTAIN lots or parcels of land situate in the Borough of New Cumbcrland, <;::ounty of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: . PARCEL NO. I: BEGINNING at a point on the westerly line of Wayne Avenue one hundred sixty and thirty-three one- hundredths (160.33) feet, more or less, North ofUle northwest comer of Wayne Avenue and Creek Road at Ule northerly line of Lot No. 11, Block H on the hereinafter mentioned Plan of Lots; thence Westwardly at right angles to Wayne Avenue and along said Lot No. II, one hundred eight and two-tenUls (108.2) feet, more or less, to a puint; thence northwardly parallel with Wayne Avenue fifty (50) feet to a point; thence eastwardly along the southerly line of Lot No, 9, Block "II" one hundred eight and two-tenths (108.2) feet, more or less, to a point on the westerly line of Wayne Avenue; thence along said line of Wayne Avenue souulwardly fifty (50) feet to the Place of BEGINNING. BEING Lot No. 10, Block "H" on the Plan No.5 of Rosemont Addition, said Plan being recorded in Cumberland County in Plan Book 3, Page 64. PARCEL NO.2: TRACT NO. I: BEGINNING at a stake at the dividing line between Lots Nos. 10 and 11 of Ule hereinafter mentioned Plan of Lots and the westerly line of.Wayne Avenue, thence South 27 degrees 45 minutes East one hundred fifty-nine and seventy-eight hundredths (159.78) feet to a stake; thence SOUUI 62 degrees 15 minutes West one bundred eight and twenty hundredths (108.20) feet to a slake; thence North 27 degrees 45 minutes West, one hundred fifty-nine and seveoty-eight hundredths (159.78) feet along the line oflands of Raymond C. Grandon and others to a stake on the dividing line between Lots Nos, 10 and lion the hereinafter mentioned Plan of Lots; thence North 62 degrees IS East, one hundred eight and twenty hundredths (108.20) feet to a stake on the westerly line of Wayne Avenue, the point or place of BEGINNING. BEING Lots Nos. II, 12 and 13, Block "H" on Rosemont Plan No.5, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 3 Page 64. UNDER AND SUBJECT to right of way or easement of Lower Alien Township Sewer Authority for a twenty (20) foot sewer lin~ under and along a portion of the southerly part of Lot No. 13. TRACT NO.2: BEGINNING at an iron pin at the comer of lands of others and Raymond C. Grandon and the southerly side of Creek Road; the~ce North 62 degrees 15 minutes East, one hundred eight and twenty- hundredths" (108.20) feet to a stake; thence South 27 degrees 45 minutes East, one hundred nine and seventy-seven hundredths (109.77) feet to a stake; thence South 27 degrees 59 minutes West, one hundred thirty and ninety-two hundredths (130.92) feet to a stake; thence along lands of others and Raymond C. Grandon, North 27 degrees 45 minutes West, one hundred eighty-three and fifty hundredths (183.50) feet to the Southerly line of Creek Road, the point or place of beginning, The above tracts are described in accordanee with a survey by D.P. Raffensperger, Registered Surveyor, dated January 22, 1962. PARCEL NO. 3: BEGINNING at a point on the V(esterly line of Wayne Avenue, at the inter~ection of said line with the Southerly line of Lot No.8 of Rosemond Addition to the Borough of New Cumberland; thence in a westerly direction along the last mentioned line and at right angles to Wayne Avenue one hundred eight . " and two tenths (108.2) feet to a point; thence in a southerly direction fifty (50) feet to a point; thence in an easterly direction along the line of Lot No. 10 Block "H" on said Plan one hundred eight and two-tenths (108,2) feet to Wayne Avenue; thence in a northerly direction along Wayne Avenue fifty (50) feet to a point, the place of BEGINNING. BEING Lot No.9, Block "H" as shown on Plan No.5, -Rosemont Addition to the Borough of New Cumberland, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 3 Page 64. HAVING thereon erected a one story brick dwelling house, known as No. 10 Wayne Avenue, New Cumberland, PA, Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ~ ~ '-- ~'S:;~~~ . 0, ~ '- ~, "<0 ~~,\, Zl;:;; I ~ \;i\"\0\;,~" I v C'\ ~ ~~ - '- I ~ \S I r \ , . , , , , , ~) rp I :- I , , ~~ . ~ , .' I I ! I I i I ~~ I I i i ':ll , , NW ~~ ~~ ,") ;'1 ',0 ";'! . ,~ ., ...:) ,~, : "j ~~.: , ~T' .,-'1 ;'T ',1.' >:.'2~{ , , :::1 -',. ~Cl -~ , f.1 :_'r .- -.., ,..:- C::' . ALL THOSE CERTA[N lots or parcels of land situate in the Borough of New Cumberland, <;:ounty of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: PARCEL NO. [: BEGINNING at a point on the westerly line of Wayne Avenue one hundred sixty and thirty-three one. hundredths (160,33) feet, more or less, North of the northwest comer of Wayne Avenue and Creek Road at the northerly line of Lot No. [I, Block H on the hereinafter mentioned Plan of Lots; thence Westwardly at right angles to Wayne Avenue and along said Lot No. [1, one hundred eight and two-tenths (108.2) fect, more or less, to a poinl; thence northwardly parallcl with Wayne Avenue fifty (50) feet to a point; thence eastwardly along the southerly line of Lot No.9, Block "H" one hundred eight and two-tenths (108.2) feet, more or less, to a point on tlle westerly line of Wayne Avenue; thence along said line of Wayne Avenue southwardly fifty (50) feet to the Place of BEGINNING. BEING Lot No. 10, Block "H" on the Plan No.5 of Roscmont Addition, said Plan being recorded in Cumberland County in Plan Book 3, Page 64, PARCEL NO. 2: TRAcr NO. I: BEGINNING at a stake at the dividing line between Lots Nos. 10 and II of the hereinafter mentioned Plan of Lots and the westerly line of Wayne Avenue, thence South 27 degrees 45 minutes East one hundred fifty-nine and seventy-eight hundredths ([59,78) feet to a stake; thence South 62 degrees IS minutes West one hundred eight and twenty hundredths (108.20) feet to a stake; thence North 27 degrees 45 minutes West, one hundred fifty-nine and seventy-eight hundredths (159.78) feet along the line oflands of Raymond C. Grandon and others to a stake on the dividing line between Lots Nos. 10 and [Ion the hereinafter mentioned Plan of Lots; th~nce North 62 degrees IS East, one hundred eight and twenty hundredths (108.20) feet to a stake on the westerly line of Wayne Avenue, the point or place of BEGINNING. BEING Lots Nos. II, 12 and 13, Block "H" on Rosemont Plan No.5, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 3 Page 64. UNDER AND SUBJECT to right of way or easement of Lower Allen Township Sewer Authority for a twenty (20) foot sewer lin~ under and along a portion of the southerly part of Lot No, 13. TRAcr NO.2: BEGINNING at an iron pin at the comer of lands of others and Raymond C. Grandon and the southerly side of Creek Road; thelJce North 62 degrees 15 minutes East, one hundred eight and twenty- hundredths (108.20) fcet to a stake; thence South 27 degrees 45 minutes East, one hundred nine and seventy-seven hundredths (109.77) feet to a stake; thence South 27 degrees 59 minutes West, one hundred thirty and ninety-two hundredths (130.92) feet to a stake; thence along lands of others and Raymond C. Grandon, North 27 degrees 45 minutes West, one hundred eighty-three and fifty hundredths (183.50) feet to the Southerly line of Creek Road, the point or place of beginning. The above tracts are described in accordance with a survey by D.P. Raffensperger, Registered Surveyor, dated January 22, 1962. PARCEL NO.3: , BEGINNING at a point on the V\'esterly line of Wayne Avenue, at the intersection of said line with the Southerly line of Lot No, 8 of Rosemond Addition to the Borough of New Cumberland; thence in a westerly direction along the last mentioned line and at right angles to Wayne Avenue one hundred eight and two tenths (108,2) feet to a point;' thence in' a southerly direction fifty (50) feet to a point; thence in an easterly direction along the line of Lot No.1 0 Block "H" on said Plan one hundred eight and two-tenths (108.2) feet to Wayne Avenue; thence in a northerly direction along Wayne Avenue fifty (50) feet to a point, the place ofBEGlNNING. BEING Lot No.9, Block "H" as shown on Plan No.5, Rosemont Addition to the Borough of New Cumberland, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 3 Page 64. , HAVING thereon erected a one story brick dwelling house, known as No. 10 Wayne Avenue, New Cumberland, PA. >~ 0 , (-', r,: ~::~ III , (, '" ;-'- '. , C) ( , (~,^) I...' I t:l ~ _..1 , ; Li':': L'_: :.!.- i. V ; " , .. U ':; , . I I I I I i I I I >. rT: l:::~ , . ,':~) to,; ~ c\ co: (,": ;.-..: C;," C:'" ~:. I c L', V. (".~ C:' CL": ,", ( :':: 0 , , -., .. c': ~.,. ,. " I , .,. '- ) 'I , c'- -,' ') C~'J u I GC I r:. Ll (.l~ ,. L~. f"':.l L- t.!' (J . ALL THOSE CERTAIN 10 Is or parcels ofland situalc in OIC Borough of New Cumberland, <;:ounty of Cumberland and State of Pennsylvania, more particularly bounded and describcd as follows, to wit: PARCEL NO. I: BEGINNING at a point on thc wcstcrly Iinc of Wayne Avenuc onc hundred sixty and thirtY-Ihrcc onc. hundredths (160.33) feet, more or less, North of the northwest comer of Wayne Avenue and Creek Road al the northerly line of Lot No. II, Block H on the hereinafter mentioned Plan of Lois; thence Westwardly at right angles to Wayne Avenue and along said Lol No. II, one hundred eighland two.tenths (108,2) feet, more or less, to a point; thence northwardly parallel with Wayne Avenue fifty (50) feet to a point; thence eastwardly along the southerly line of Lot No.9, Block "H" one hundred eighland two-tenths (108,2) feet, more or less, to a point on Ole westerly line of Wayne Avenue; thence along said line of Wayne Avenue southwardly fifty (50) feet to the Place of BEGINNING. BEING Lot No.1 0, Block "H" on the Plan No.5 of Rosemont Addilion, said Plan being recorded in Cumberland County in Plan Book 3, Page 64. PARCEL NO.2: TRACI' NO.1: BEGINNING at a stake at the dividing line between Lois Nos. 10 and II of the hereinafter mentioned Plan of Lois and the westerly line of,Wayne Avenue, thence South 27 degrees 45 minutes East one hundred fifty-nine and seventy-eighlhundredths (159.78) feet to a stake; thence South 62 degrees 15 minutes West one hundred eight and twenty hundredths (108.20) feet to a stake; thence North 27 degrees 45 minutes West, one hundred fifty-nine and seventy-eight hundredths (159.78) feet along the line oflands of Raymond C. Grandon and others to a stake on the dividing line between Lois Nos. 10 and lIon the hereinafter mentioned Plan of Lois; thence North 62 degrees 15 East, one hundred eight and twenty hundredths (108.20) feet to a stake on the westerly line of Wayne Avenue, the point or place of BEGINNING. BEING Lois Nos. 11, 12 and 13, Block "H" on Rosemont Plan No.5, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 3 Page 64. UNDER AND SUBJECI' to right of way or easement of Lower Allen Township Sewer Authority for a twenty (20) foot sewer lin~ under and along a portion of the southerly part of Lol No. 13. TRACI' NO.2: BEGINNING at an iron pin at the comer of lands of others and Raymond C. Grandon and the southerly side of Creek Road; theqce North 62 degrees 15 minutes East, one hundred eight and twenty- hundredths' (108.20) feet to a stake; thence South 27 degrees 45 minutes East, one hundred nine and seventy-seven hundredths (109.77) feet to a stake; thence South 27 degrees 59 minutes West, one hundred thirty and ninety-two hundredths (130.92) feet to a stake; thence along lands of others and Raymond C. Grandon, North 27 degrees 45 minutes West, one hundred eighty-three and fifty hundredths (183.50) feet to the Southerly line of Creek Road, the point or place of beginning. The above tracls are described in accordance with a survey by D,P. Raffensperger, Registered Surveyor, dated January 22, 1962. PARCEL NO. 3: , BEGINNING at a point on the ~esterly line of Wayne Avenue, at the intersection of said line with the Southerly line of Lot No.8 of Rosemond Addition to the Borough of New Cumberland; thence in a westerly direction along the last mentioned line and at right angles to Wayne A venue one hundred eight and two tenths (108.2) feet to a point; thence in" a southerly direction fifty (50) feet to a point; thence in an easterly direction along the line ofLot No.1 0 Block "H" on said Plan one hundred eight and two-tenths (108,2) feet to Wayne Avenue; thence in a northerly direction along Wayne Avenue fifty (50) feet to a point, the place of BEGINNING, BEING Lot No.9, Block "H" as shown on Plan No.5, -Rosemont Addition to the Borough of New Cumberland, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 3 Page 64. , HAVING thereon erected a one story brick dwelling house, known as No. 10 Wayne Avenue, New Cumberland, P A. i I t I i I , I I I i I I I I I I I t j I I I t I I i i 1 I I ,- a , .. fr; C'". I ::~ e: l'1 ~ , ( ~, ( r ~ : " (: t u [j [' t , v- i'. (.:.~ 0 C' 0 , CJ r LaSalle National Bank, As Trustee Under the pooling and Servicing Agreement Dated 3/1/97, Series 1997-1 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. NO. 98-3377 CIVIL David A. Flowers and Andrea M. Flowers NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVID A. FLOWERS ANDREA M. FLOWERS 10 Wayne Avenue New cumberland, PA 17070 Your house (Real Estate) at 10 Wayne Avenue. New Cumberland. PA 17070, is scheduled to be sold at Sheriff's Sale on WEDNESDAY. DECEMBER 9~ ~, at 10:00 a.m., in the Commissioners's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $109.903.60 obtained by L 11 N ti nIB nk As Tru e Un r h Po lin nervi in Arm n Dated 3/1/97,Series 1997-1 against you. 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 back to Gregory Javardain, Esquire the amount of the Judgment plus costs OR the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (215) 942-9690. 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 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. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Gregory Javardian, Law Offices at telephone (215) 942-9690. >- t.:> . c~ ,.: 1":~ Ul ,"-: , () ~ ~ (j . - , , t~. I ;:::;1 , C.. .' l.~ '- I '- ~~, ,- 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 sale. To find out if this has happened you may call Gregory Javardian Law Offices at telephone (215) 942-9690. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. 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. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on January 9, 1999. 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 distribution is wrong) are filed with the Sheriff within ten (10) days after January 9, 1999. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE 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. LAWYER REFERRAL SERVICE , ,COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 ,. G . f~~ c. i' ,;-: u~ I.' ~;~ . - ,- (:' : ) , ( - I : I r , c.- ~ \. v - " 1',,~ ) ..~ . , ) (-' CJ , - J\L~ lnV.:>c \"oJ.:.l\,jn..u, IUl:>> VI V~l\"ta:J VI h.UU :U~U"'U.. lU UH,; UVIUUOU VI ,,"'" \"oUIIIUl..lhlUU, ~UW.u.Y VI Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: . PARCEL NO.1: BEGINNING at a point on the westerly line of Wayne Avenue one hundred sixty and thirty-three one. hundredths (160.33) feet, more or less, North of the northwest comer of Wayne Avenue and Creek Road at the northerly line of Lot No. II, Block H on the hereinafter mentioned Plan of Lots; thence Westwardly at right angles to Wayne Avenue and along said Lot No. II, one hundred eight and two-tenths (108.2) feet, more or less, to a point; thence northwardly parallel with Wayne Avenue fifty (50) feet to a point; thence eastwardly along the southerly line of Lot No.9, Block "H" one hundred eight and two-tenths (108.2) feet, more or less, to a point on the westerly line of Wayne Avenue; thence along said line of Wayne Avenue southwardly fifty (50) feet to the Place of BEGINNING. BEING Lot No. 10, Block "H" on the Plan No.5 of Rosemont Addition, said Plan being recorded in Cumberland County in Plan Book 3, Page 64. PARCEL NO.2: TRACT NO.1: BEGINNING at a stake at the dividing line between Lots Nos, 10 and II of the hereinafter mentioned Plan of Lots and the westerly line o(Wayne Avenue, thence South 27 degrees 45 minutes East one hundred f1fty-nine and seventy-eight hundredths (I 59.78) feet to a stake; thence South 62 degrees 15 minutes West one hundred eight and twenty hundredths (108.20) feet to a stake; thence North 27 degrees 45 minutes West, one hundred f1fty-nine and seventy-eight hundredths (159.78) feet along the line oflands of Raymond C. Grandon and others to a stIlee on the dividing line between Lots Nos. 10 and lIon the hereinafter mentioned Plan of Lots; thence North 62 degrees 15 East, one hundred eight and twenty hundredths (108.20) feet to a stake on the westerly line of Wayne Avenue, the point or place of BEGINNING. BEING Lots Nos. II, 12 and 13, Block "H" on Rosemont Plan No.5, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 3 Page 64. UNDER AND SUBJECT to right of way or easement of Lower Allen Township Sewer Authority for a twenty (20) foot sewer lin~ under and along a portion of the southerly part of Lot No. 13. TRACT NO.2: BEGINNING at an iron pin at the comer of lands of others and Raymond C. Grandon and the southerly side of Creek Road; the!;ce North 62 degrees 15 minutes East, one hundred eight and twenty- hundredths' (108.20) feet to a stake; thence South 27 degrees 45 minutes East, one hundred nine and seventy-seven hundredths (109.77) feet to a stIlee; thence South 27 degrees 59 minutes West, one hundred thirty and ninety-two hundredths (130.92) feet to a stIlee; thence along lands of others and Raymond C. Grandon, North 27 degrees 45 minutes West, one hundred eighty-three and f1fty hundredths (183.50) feet to the Southerly line of Creek Road, the point or place of beginning. The above Inlcts are described in accordance with a survey by D.P. Raffensperger, Registered Surveyor, dated January 22, 1962. PARCEL NO.3: , BEGINNING at a point on the "{esterly line of Wayne Avenue, at the intersection of said line with the Southerly line of Lot No.8 of Rosemond Addition to the Borough of New Cumberland; thence in a westerly direction along the last mentioned line and at right angles to Wayne Avenue one hundred eight and two tenths (108.2) feet to a point; ih~nce in' a southerly direction f1fty (50) feet t~ a point; thence in an easterly direction along the Iipe of Lot No. 10 Block "H" on said Plan one hundred eight and two-tenths (108.2) feetto Wayne Avenue; thence in a northerly direction along Wayne Avenue fifty (50) feetto a point, the place of BEGINNING. . BEING Lot No.9, Block "H" as shown on Plan No.5, -Rosemont Addition to the Borough of New Cumberland, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 3 Page 64. HAVING thereon erected a one story brick dwelling house, known as No. 10 Wayne Avenue, New Cumberland, PA, . . . . . . * . . . * * . . . . * . * . * * * . . . . . . . . . . . . . . . . . . . . . . . . . * . . . . . . .. . NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT .****.......* *.*.. ..**............. ........ ..... ... .--.... 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 2, The Mortgage is secured by Defendant(s) Note dated January 17, 1994 in the amount of $96,300.00 payable to Plaintiff in monthly installments with an interest rate of 9.750%. A copy of the Note is attached hereto and made a part hereof as Exhibit "Bu. 3, The land subject to the mortgage is: 10 Wayne Avenue, New Cumberland, PA 17070. 4. The defendant(s), David A. Flowers and Andrea M. Flowers are the real owner(s) of the land subject to the mortgage and the Defendants' address is; 10 Wayne Avenue, New Cumberland, PA 17070. 5. The Mortgage is now in default due to the failure of the Defendant(s) to make payments as they become due and owing. The following amounts are due: Principal Balance: $95,882.20 Interest to 5/26/98 $ 5,306.64 Accum. Late charges $ 413.70 Property Insurance $ 1,142.40 Property Inspections $ 220.00 Attorney Fee/costs $ 4,794.14 ---------- TOTAL: plus interest from 5/27/98 at of suit ,and attorney fees. 6. In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No.6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose is not required as this loan is in excess of $50,000.00. A Notice of Homeowners' Emergency Mortgage Assistance is applicable as was sent February 12, 1998. The Defendant(s) have not cured the default. $107,759.08 $25.53 per day, costs ?", ;205 0' S'lu~<.. __ . -7:> (;0' c\ ":) \ - ~) .-jll u. teL o Z::DfY7:;/ ~o IIIOHTG^GI.d:t,~, .=J5 : ::r ~.:: ~ ;-. ~t~GI,[.=\ ~~ :;': ,~::; _'i D~~D5 f.' I.':;.!":~:...,) COUIIiY.i'~ '97 JRI. 2'( PI'l 'I 05 TillS MORTGME ('SecuriIY IIIIIrumo.") is cive. o. Jalluary 1'1 1110 mOlle_cur is DAVID A. FLOlI'!:IlS IInd AIIVIl!:A M. FLOll'!:IlS is 10 Wllvno Avonue NcW' Cumberllllld PA 170'10 ("norrower"). Thh Security IrUlr\lhlCcl is &h'cn 10 ~y nc, ncorpoJ'utc wbich Is orCilnized oDd c:1"i$lin& uDder lbe Jaws or Ponnliyl vania ,aDd wbose address is 010 rUtt.cr Rond Suito 117 Hcchun1cnbur PA l?Or.S runder"). Harrower oWeJ Lender lIlc princip",1 sum of rllnoly-six Thousand Three Hundrc and NO/l00 Dollars (U,S, S 96.300.00 ), TIlis debt is evidenced by Borrower's DOle dated the UIDe dale as this Securily JDslrumcnl ("Note"), which provides for monthly payrncoLs with tbe rull debt, if nol pa.id e.arlier, due And p~YDblc on February', 2027 . This Securily InSlrumeol secure.5: to Lender: (8) the repayment of the debl evidenced by lhe Note, wilD ;nluesl al It rate Wllich may vary from time: to lime, acd 1111 renewals, e'tlensions and modifications of the NOle; (b) the payment of all olher sums, with inlerest at a mle: which may vary from lime 10 lime, advaoced under plrllgrupb 6 to prolcet Ihe .ecurily of this Sccurily Instrument; aod (c) the performaDcc of Borrower's cove:Odl1ts and agreements under this Security Instrument and the Note. For these purpOJ;e5 Borrower does bereby mortgage, graol and convey to Lender tbe following d~cribed property located in Cumberland County, Commonwealtb of Pennsylvania: .1992..,. , whose addrc5I ED If this box is cbecked s~ Schedule A lnne~ed hereto and made a part hereof. ..:" whicb bas the addre.ss of '0 Wayne Avenue New Cumberland (City/CoUDly) . Pennsylvania (Streel) 17070 (Zip Code) ('Property Address"': TOGETHER \VJTH alllbe irnprovemenls now or hereaner ero;ted on the property, aDd all easements, "ghOl, appurtenances, reols, royalti~, mineral, oil and gas rights acd profits, water rights and slock and all fj,;tures now or hereafter a part of the property. AJI replacements and addilions sball also be covered by this Security Instrumenl. AJI of the foregoing is referred 10 in this Security Instrument as ipe .Property." , BORROWER COVENANTS Ibat Borrower is lawfully seised of tbe estale hereby conveyed and bas the- rigbt to tt1ongage, grant Bod coovey the Property IInd that the Property is unencumbered, ex.cept for encumbrances of record. Borrower warranls and will defend generaJly the'litle to the Property againsl aU claims and demands subject to any encumbrances of record. Borrower aDd under COVenant and 8gr~ as follows: 1. Payment of Principal, Interest and Olher Charges. Subjecl 10 paragraph JOt Borrower shaJl promptly pay when due the principal of aod ic!erest on the debt evidenced by the Nole and any lale charges, collection costs and e;l;peoses aDd dishonored check: charges as provided in the Nnte. 2. Application of Paymenls. Unless applicable law provides otherwise, Lender will apply each of Borrower's regular montbly payments under lhe-Note firsl to accrued aDd .uDpaid interest under the Note' ... as if Ibe payment is made on its due dale, regardless of when Ihe payment is actually received aod the remainder, ifaflY, to tbe unpaid principal balance under tbe Nole. Aoy late charges (5% orooy payment not made by the cod of 10 calendar days aner tbe dale it is due), colleclioD costs and expenses, disbonored cbeck: chargc.o; aod payments made by Lender 10 enforce the Note aod/or to prolect Leuder's interests under tbis Security Instrument will be assessed separalely. 3. Chargesj Liens. Borrower shall pay all taxes, assessments, charges, fines aod impositions altribuLable to the Propeny which may aruio priority OVer this Security Instrumeot, and leasehold payments or cround reots, if any. Bnrrower shall pay these oblicatilJDs onlime direclly to the persooowed payment. Borrower shnll promplly furnisb to Lender All notices of amouots 10 be paid under this paragrapb, and receipts evidencinc !;uch payments. rA IST/AD/. P..4.TE MORlOAO!:, OOie~c (11131~1 MONTIQ.Y SIM1l.1! MC!11l16 MOO4IAB,rM ". Horrower Ibal/ promplly discharge Iny lieo .....hich bu priorily over this Security InJlrumcol unJc.fS IloCTUW'" (.) ',rees lu wri.io, 'u 'ile I"YlOen' or .be obli,.tioo 'eoured by Ibe lieD in. m'ooer ac~plable '0 t..o~er: (1)) "'n'es'. io ,oDd r.i'b Ihe lien by, or d,rends .g.lost eoror~,meo' or Ibe lien io. leg.1 roetedinr.! .....hlcb 10 Lender', opinion OpcllIlc 10 pn:\lcnl the eoforcemeot of rhe lien: or (e) secures fTOm the r.ol~er or 'be Ii,o '0 ',=men. ."i,r.elOry 10 t..oder subor~in,'lng Ibe Ii,o '0 Ibl. S",uri.y 10"''''meo', J( t..oder d"ermloes ""I.ny p.rt or'be Prop'"y is .ubj"'I'o. ileo wbieb m.y alulo priorily over Ibl, Securily 101lrumen.. t..oder m.y give DOCTower. 00'10. i~en'ifying 'be Iieo, BoCTower .ha" ".isf'y 'be lieD or lake Ooc or fDOte or !he aCliOD~ 5el fortb above wiUdo 10 wy' of Uu: giviog of Dotice. 4. l"=rd or I'rol"'r.y Insuronce. DOCTower sha" keep Ibe improvemeou oow eXiSliog or ber..ner erec'ed 00 Ibe Property iosured a,aios' loss by fire, bazards ioelu~ed wilbio Ibe term "exteoded COverage- lod a.ny olber bl\l.4rds, including floods or nooding, (or which Lender requires insurance. This iosurao" sbo!! be moiolained io lbe 'mo.,,, and ror Ibe periOds .h81 t..oder requires, 00110 exceed Ibe fuU repllU:emeo' "'s' or Ibe buildio,. aDd improvemco" 00, Ibe Property. The iosurao~ comer providiog Ibe iosuraoeo sb." be ehoseo by BOCTower ,"bjeo' '0 t..oder', approval wbieb .baU 00' be unrC4.Sooably wilhbeld. /[ IloCTower f.II,.o "iaiOlaio coverage described abOVe, t..odcr may, al Leo~er's oplioo, oblain covcMlgc: 10 prolect Lender', rights in Ibe Property in accordance with paragraph 6. All iosurao" polielc.s .nd reoew,I, must be ,,~p..ble '0 t..oder and musl icelude , smoclard mOrtg'ge el.use io ravor of aDd io a rorm a~eplable to t..oder. Leoder .ball bavo Ibe rigb..o bold Ibe policies and reoewal,. If Leod.r requires, Borrower sball promplly give '0 Leoder all r""eip" of paid p",mium, aDd ",oewal ooli.os. 10 Ihe 'Ven. or loss, Borrower sb,1I giv. prompt no.ice '0 Ibe iosu"",co carrier aDd Lender. LeDder may make proof of Joss jf not made: promplly by Borrower. . Unlc.ss Leoder and BOCToWer olbe""ise 'grce 10 wri'iog. iosurooeo proceeds sb'lI be applied 10 res'oralioo or ",pair of.be Properly d'm'ged, if.be res.ora'ioo or rep,ir is ecooomically feasible aDd Leoder', '""uri.y i. 001 lesseoed, If Ibe rc.slorolioo or rep.ir is oor eoooomicoily fC4.Sible or Leoder'. ,""urity would be I"'..oed, tbe iosurooco proceeds ,b. II be .pplled '0 'he SUms s""ured by 'bls Securily lnstrumen.. wbelber or OOllbeo due, with ,oy excc.s, p,,;d '0 BOCTower. If Borrower ab,odoos Ibe Property, or does DO. aOSWer wlthio 30 doys a oolio< from Leoder tha'lbe losurooeo camer h.. offered 10 sellle a claim, Ibeo t..oder may eoilec. Ibe iosurooce proecc:ds. Leoder m,y Use 'be proceeds '0 repair or res'ore Ibe Property or.o pay sum, 'eoUred by .bis Securily lostrumeo., wbe.ber or no. Ibeo due. The 3D-clay period wiil begio wheb Ibo ooti~ is given. Uwes, t..oder aDd Borrower olberwi.. 'cree io wrillog. aoy appUcs.ioo of p,oeeeds '0 principal sball DO. "teod or poslpooe Ibe due dole oflbe moolbly p.ymeou refeCTed '0 io Parogropb lor eb,oge Ibe amoUnt orlbe p'ymeots. I(uo~er pamgrop; 17 Ibe Property is acquired by t..oder. Borrow.r's rigb..o aoy insuroo~ policies ood proceeds resul.iog from dom'ge '0 Ibe Properly prior to Ibe 'equisitioo shall P"S '0 t..oder 10 lb. ,,'co, of Ibe SUms seoured by Ihi, Securi.y Imlrumeol immedl..ely prior '0 Ibe 'cqui,i.ioo. s. Occuponcy, Pr.."rvalioo, Maio.enance ond Pro'eclioo of the Properly; Borrower's Loan Application; Lco.seholds; Coodomioium" Planned Unit Developmen". Unlc.ss Borrower', 10'0 applicslion and t..nder's 10'0 'PproVoI provided that Ibe Property was DO' required '0 be occupied" Borrower', principal n,'ldeo~. Borrower shall occupy. ...mbli,b, and use Ibe Properly" Borrower's priocipal resideoce wilbio 60 doy, aner Ibe .xecutioo of Ibis Seourity 10strolOeol aod sbail "'ollou. 10 oo<upy Ibo Property as BoCTower's prioeipal resideo~ for 01 leasl I year atler .ho d"e of OCCUpaoey. unless t..oder olberwlso agrees io wrillog, wbieb cooseol sball 001 be unreasooably withheld, or unless exteou"iog eircumstan.c.s exist whicb arc beyood Borrower's eOOlTn1. Borrower ,ball no. des.roy. d'mage or impair Ibe Properly, ,ilow the Property 10 d,'orioralc, or commit Wasle 00 lb. Property. Borrower ,b.iI 001 permi., or be alleged '0 bave permitted, Ibe Property '0 be used io conoeolioo wi.b .oy iilegal "'ivl,y. 10 .b., regan!, Borrower ,b,iI be io derault if any rorfeiture ac'ioo or proceediog, whelber civil or erilOioal, is beguo Iba. io Leo~er', goo~ failb ju~gmeot ",uld resull io forfeiture of Ibe Property or olh.rwise m"eriaily imp,ir Ibe lien crealed by Ibis Security 10s''''IO.ot or Leoder', ,""urily io'erc.s.. Borrower sh.iI also be io def.ul. if Borrower, dUriog Ibe loan 'pplico.ioo process, gove,m,'eriaily fal" or ioaceum'e iororm,lIoo or Sla'elOeo" 10 t..oder (or f,i1ed '0 provide t..oder wilb .oy m'terial iOform"ioo) io "'oo",.ioo with Ibe loan evideoeed by 'be Note. ineludiog, bu. oo'limi.ed 10, represeolalloos COO~rnjog Borrower's OcoUP'ocy orlbe Property as a prioeipal rcsideo~. I( Ibl, Securi.y loslrumeo. I. 00 a lC4.Sebold, BOCTOWer sbail eomply wilb all Ibe provi,ions oflbe lease. If. Borrower acquires fee litle.o Ibe Property, 'bo leasebold aDd Ibe rce .ille sb'lI DO. mergo uwes, UDder 'groos to the merger in wriling. If Ibis Securi.y 10s.rolOen. i, 00 a uni. io a eoo~ominium or , pI'ooed uni. devolopmeo., BOCTOwer .b,1I perform all of BorrOwer', obl:ga.ions UDder Ibe deolarolloo or coveo,o" erea.ing or governing Ibe coodoroinium or pianned unit develoi'men., Ibe by-iaws .od regulallons of'he condominium or planoed Uoil development Aod constituent dOCUDJc.ols. 6. Proteclion of Lendcr', IUghts in Ihe Pro!"'rly. If BOCToWer fail, '0 p.rform Ibe "'''ooou aDd ag=meo" eoomined io .hi, Securi'y Ios'rum'n.. or Ibere is . leg,1 proceeding tha. may sigoilicaolly affee. t..oder's rigbu io 'he Property (sucb as a proceeding in bankrup'cy, prob"e, for eondelOo,lIoo or rorfeiture or 10 eofor~ law, or regul,lIoos), .ben t..nder may do 'o~ pay ror wba'ever is n=sary '0 prolcc. Ibe value oflbe Property 'nd t..nder', rigb" in .be Prop.rty. Leo~er's aclloos may ioclude p'ying 'oy sums seeUred by a lieD whieb bas priori'y OVer 'bis Seouri.y IOSlrumen., payiog insurance premiums. 'pp..mog io r... IST/....DI. RATe 1.10RTOAoe. OeNtRlC mljl~) MONTHLY S[).Q>Lt! "AOE'ot6 ),fOOlI.'.!,r........ - " . COIlII, lllylng rrAIUlll1hlr. flnUlllty,' (rrs Illd eUI.erinC on the Proper1)' 10 mAke repairs. AJlhoucb Lender mu)' lAke Icllon UIIIII:I 1111, l',uJ;lIph 6, Lender Joe.! nol bue 10 do so. AllY _mounh dhb\lflcd tl)' untler IInder Ihis parnCUlph 6 sball becowe addilioDaJ debt of Dorrower u'-Cllltd lty Ihis Security Inllnllllcol. UnJeu nOHuwer and Leader agree 10 otber terms of paymeot, these Amounts ,h.lIl)('o'I( IlIlerClI ('UIU the d.le or disbuf1cmenl lelhe rale then in effecl uoder the Note a.n:uch rale II1IY chlnce (rulII lime 10 limo If pcnnllled by law ur, if DOf, lithe hicbeJllawfuJ rate and ,ball be payable, lu.:eIJu:r with luch lnleres., upon nollee (rom Lender 10 norrower fl:4:lue.sliog p'yrnenr. 7. Ir15f1<<lIol1. l...cotJer or ils 'gent may make rc.uooablc cDtrl~ UpOD and inspections DC the 1n>,)('lty. Lender .h.n cive Dorrower oolice II Ibe time of or prior to a.a lrlJpcclioQ spoc::i(ying reasonable caule for tJll~ InspC!'cllon. 8. Condcmnation. TIll: proceeds oCany award or claim for damages, direct or consequential, In connecllon witJl aDY condemolllion Dr olher lakiog of 80Y pan of the Propeny, or for conveyance in Jieu IIf condemnallon, Arc hereby assigned aod sball be paid 10 Lender and applied 10 the amount secured by lbi! Srcurity lnsrrumelll. ADY excess will be paid 10 lhe persons lcgally entitled 10 il. Jf the Propcr1y is abandoned by Borrower, Dr if, aOcr nolice by Lender 10 Dorrower lhat the condemncr orfcn 10 make 10 award or sellle a claim for damages, BOfTnwcr fails 10 respond 10 lender within 30 citys .ncr Ihe dole lhe no lice Is given, Lender is aut~orized 10 collect aod apply the proceeds, 011 ilJ optinn, either 10 cCJlorllion or repair of lhc: Propeny or 10 the sum.t .tecured by Ihis Securily Instrument, wbelher or 1101 then due. Uwen Lender and Borrower olherwise agree 10 wriling. any application of proceeds 10 principaJ shall nol c'llend or poslpone thc due dale of tile monlhly payments referred 10 io paragrllpb 1 or change !be Amount uf sucb payments. 9. Darrowcr Nol Released; ForbearMce Dy Lender Not a WaIver. Eltlcnsion oflbe lime for paymenl or modification ofamOnlz.aliOD of the sums securui by this Security Inslrumenl granted by Lender 10 llorrower or 10 aoy successor in inlcresl of Borrower shall not operale (0 release the liability of the originaJ DOrTower or Borrower's $UCCe.ssors in iolerest. Lender shall not be required 10 commence proceedings against IOY successor in inlerest or refuse 10 elttcnd time for paymeot or otherwise modify amortization of the SUms secured by this Security Instrumeot by reasoo of aoy demand made by the original Borrowcr or Borrower's SUCCC$sors in inlerest. Any forbearance by Leeder in exercising any righl or remedy shall Dot be a waiver of or preclude lhe exercise of any right or remedy. 10. Successors and Assigns Boundj Joint and Several Liahilit)'j Co.Signers. The CoveORolJ aad agreements of this Security Inslrument shall ,bied and benefit the successors and assiglls of u:nder aod Borrower subject to lhe provisions ofparagrapb 18 (B). Borrower's COVeoanls and agreements sha,lI hejolot aod sevellll. lvJy Borrower wbo co-signs this Security Ioslrumeol bur doc.s nol executc tho Nolc: (a) is co. sit:ning this Securily Iostrument only to mOl1gage, glOlol and coovey that Borrower's inlerest in lhe Property under the terms of this Security Instrumeol; (b) is Dot personally obligated 10 pay the sums secured by lhis Security Inslrument Jlud (c) agrees Ihnt Lender aod any olher Borrower may agree 10 cltlcad; modify, forbear or make aoy accommodation, wilh regard 10 tbe lerms of this Security Inslrumenl or I.bc Note without. that BOtTower', conseet and wilhout tbereby impairing thai Borrower's obligations Bnd liabilily ben::under. '.'.', .:'.:::' 11. Loan Charges. If lhe toaD secured bytbis Security Instrument is subject 10 a Jawor rcculation wbicb sc~ maximum loan charges, and t1Ial law or regulation is fioally joterp~tcd so that the inlere.s:1 or other 1030 charges collected or to be collected in connection with the loao cxcee(Llhe-permitted.- Iil1lilJ, lhen: ('I) any sucb interest Rnd/or other loan charges shall be reduced by thc'aiDQ;nt necessary to reduce the interest and/or other loan charges to tbe ~tted limit; aoa(b) aoy sums already coUected from Borrower which ex.cceded permitted limits will ~e refuoded 10 Borrower. Lendcr may choose to make this refund by reducing the principal owed under the Notc or by making a direct paymeDI to Borrower. Ifa refund reduc.el prineiplll, the reduclion will be IrGOlted aJ a-pariial p~payment. . " ...... 12, Notices. Any notice 10 Borrower provided for in this Security Instrumeot shall he civen by delivering It or by mailing it by first class mail uoJess-applicable Jaw requires use ofanolher method. The notice sball be dlrecled 10 the Property Address or any other address Borrower designales by Dotice to Lender. Any Ilolice to Lender ,ball be given by firsl class maHlo Lender's addrcss slated herein or any other eddress Lender designates by notice to Borrower. Any notice provided for in this S~urity Inslrumcnt shall be deemed 10 bave ~D giveo to Dorrower or Lender when givcn as provided in this paragraph 12. '.. , . . 13. Gov~rning Lawj Severabilily. This Security Jestrumeot shall be governed by federal law, locludlng tbe Allernatlve MOl1gage Traosaclion Parily Act or 1982 aod applicable regulalions, Peonsylvawa law nnd aoy local law Ihal applies in the place ill which !be Property is located. 10 Lbe evenl tbat AllY provision or clause of lhis Securily Inslrumenl or the NOll: conflicts with applicable law, such connict ,hall Dol offccl olber provisions of Ibis SeclJr1ly Iostrument or the Note which caD be given effcct 'lVitbout the :.onOicline provisiclO. To this end tbe provisioDJ; of tbis Security Instrumcnl and tbe Note are declered to be lcver<lble. 'A 1ST/ADJ. RATe MORTC....ce. CCN1!RIC (1/U1~1 AONTIQ..y SlMrLe. rAOEJorlS MCiOIIAB.PM 14. llorrowtr'S Copy. Uorrowrr .cknowlw&eJ w:cipt of pbotocopy or I. coefonned copy of the Note aad of this SecurilY InllNmeet. IS. SnJe of Notti CIIBIlJ:e of Loan Scrvlccr. The NOle or I partial interc.s1 in the Note (tocether with this SecurilY Jns1roment) mllY be laId Doe or more times without prior notice to Borrower. ^ sale may rc.suh in. cbance In the entity (known as the -Loan Servicu-) Ibat collects moothly paymeots duc'"Undcr Lbe Note nnd this Securit)' InstNnleot. There also m'Y be one or more cbange..s of the Loan Servicer unrelated to a sale of the Note. If there is i cbloge of the Loan Secviur, Borrower will be given written Dotice of the cbance in ftccorwocc wllh paragC1lph 12 lad applic.ble law. The nolice will slate tbe name aud address of the new Loan Servicer and the :uJdress 10 wbicb p.yments should be made. The Dotice will also contain any other information required by appliable law. IG. UaUlrdou, Substances. Dorrt)wer shall 001 cause or permit the preseoce, use, disposal, storace, or rele.a.se of any lta.:.ardous SubstAoces 00 or i,n the Property. Borrower ,ball oot do, Dor allow anyone else 10 do, any thine: affcctiog the Propert)' tb;at is io violatioD of aoy Environmcntal Law. The preceding two senlences SOIl! aot .pply 10 the presence, use, or J:1orage on the Property of limall qUlUltities of HU.Drdous Substaoce.s that lIe geaeratly recognized to be appropriate to oormBI residential uses and to maintenance of the Property. Borrower sball promplly give Lender written no lice of any inve.stigatioD, claim, demand, lawsuit or other actioo by aD)' governmental or .regulalory acency or private party involving the Property and 1\0)' Hazardous Substance or Eovironmeotal Law of which Borrower bas actual koowledge. If Borrower learns, or is notified by an)' governmental or regulalory Authority, that ;aDY removal or oilier reD1ediatiou .of any Hazardous Substance affecting lhe Property is neeenary, Borrower shall promptly take all necessary rcmedial actio os in accordance with Enviroomental Law. As uled in this paragraph 16, -Hazardous SubstaDCC$" Rrc those substance.s defioed as toxic or hazardous substaoces by Environmental Law and the following subslancc.s: gasoline, lead.based paiDI, kerosene, other Onmmable or toxic petroleum products, toxic pesticidc.s and herbicidcs, volatile solveols, materials contaio..ing asbestos or formaldebyde. aod radioactive malerials. As used in this paragraph 16, "Eoviro!:meolal Law- meallS federal laws and laws ofthcjurisdiclion wbere the Property is located that relate to hcalth, safety or environmental prolc:tioo. \ \ \ \ I \ \ I i i i I ! i 17, Lender's Rights if Borrower Faits to Keep Promises and Agreements. IfaJJ)' of the events or cooditioos described in subp.racrapbs (A), (9), (C), (0) or (E) of lbis paragraph 17 sball occur, then (i) if the origioal principal amount of t.be Notc exceeds $50.000, Lender may require that Borrower pay immedialely the entire amount remaining unpaid uoder tbe Note and tbis Seeunty 10strulDeol; or (ii) if the oncioal amount of the Note is S50,OOO or lc.ss, Leader, after giving Borrower timely notice of Borrower's ri&bt to cure as is theo required by applicable law aod Borrower's failure to cure witbia the time penod set forth in such aOlice, m;ay requi~ that Borrowcr pay immedialely the eotire amount remainiog uopaid under tbe Nole aod this Security loslrumeot. This requirement will be called "Immediate PaymeDt in Full." If Leader requirc.s Immediate p;aymeot 10 Full, Leoder may bnng a lawsuit to take awa)' aU of Borrower's remaining ri.cbls in lhe Property and to bave the Property sold. At this sate Leoder or another persoo may acquire tbe Property. This is known as "foreclosure and sllle." If the proceeds of this sale arc insufficient to repay Lender the amoun15 due to Lender from Borrower uoder the Note aDd uoder this Security lostromeot, Leoder may, to tbe extent Qot limited or probibited by Jaw, obtaio a court judgmeot agaiost Borrower persooally for !be differenee between all amouots due from Borrower under the NotJ: I!.od this Security Instrumeot aod !be sale proceeds. 10 aa)' lawsuit for foreclosure Bod sale, Lender-Will bl!.ve the rigbt to collect all costs aad .cxpcnses of the foreclosure and s;ale allowed bylaw;"" This'iiiCltidcs attorney's fees and costs of title evidencc permitted by applicable law and_E-ulcs ,l?f Court, and attorncy's fees for bankruptc)' procu..dings (includiog efforts to modi .or.vacarr;-;ny au~iic slay or injunction). All such sums ;as may come due will be 5ccurcd:byllielen of this Security Instrument. (A) it is due; or Borrower fails 10 make any paymeot required by the Note or this Security loslrumeot when .... Lender may require Immediate Paymcnt In Full under this paragraph 17, if: (B) Except in those circuIDstaoces in which fedeCllllaw otherwise provides, all or any part of thc Propcrty, or ;any right io tbe Property, is sold or transferred without Lender's prior wrinen CODSent (or, if Borrower is not II oatural person, if a beneficial interest in Borrower is sold or transferred); or (C) On "application of Leader, two or more insurance companies Iiceosed to do busioess in tbe Slale in which tbe Property is located refuse to issuc policies insuring the buildiogs aod improvemcou 00 the Property; or (D) Borrower fails 10 keep any other promise or e.greement in this Security InstNrncnt within the limc ~et fortb, or if no time is set forth in this Security Instrument, theo within tbe time set fanh in the ootice scot to Borrower by Lender; or I'A IST/ADl, PATE. MORTo...oe. OENe.RIC (J1J5/9oC1 MONTIn. y SlM1Le 'Ace. DI6 MOCKlAa.PM .0 O1berls) ((specify) ORale 11l1pro\'emc:nl Rider o Seeood Home JUder IN \\1TNE.5S WHEREOF, Borrower has executed thi, MOr1gace. Wiloess: -f},~ -J J..,....A 'S~~\ I~Y ,/4' r2 = DAVID A. FLOWERS Borrower !Induct (./I) .:p,w.cr> ANDREA M. FLOWERS Dorrower Borrower Borrower 5"1(, , On behalf of the Lender. By: Stephen A. Gebhardt I bereby certify that tbe precise address crthe Leader (Mortcsgec) is: 5010 Ritter Rd., Suite 117 Mechanicsburg, PA 17055 Tille: Manager COMMONWEALTH OF PENNSYLVANIA, County S~: L~Icv- .J On this, the 17th day of January Fl Not.a.rv Public .ppea,cd DAVTD A. FLOWERS and ANDREA M. FLOWERS known to me (or satisfactorily proveD) to be tbe person(s) whose DSWC(S) subscribed to the within instrument Bod acknowledged that t.hf!V purposes herein contained. I 19.:!!- before mc. the undersigned officer, persooaUy IN WITNESS WHEREOF, I bcrcuoto set my hand an My Commission expires: DA NOTARIAL SEAL 1/6'11 r:~,:JO:' l/olaJy Publ~ My CommissIon <_~. Cumberland Co, ..."ues Nov, 9,1998 -01, , Title of Officer f\a'vt.... ,~"~~': . ':......":J:."J.r:.~..~.~ " .' , _i.=-,..,"c,-",_., r. ~~(~"~_':~lo!;'!;:~~~If~y ~ ..,~""'~..~.""',. ~~~._.~.,.ft;ll~::/~;: ..~~;-r.>:ir~: "'< ~..~' . ,i;lYi'it>>\l\~ ....~! . .~~~.; r: .~-:e:.-..:o.1 ~,,\c.-.~.' ~ .~Io~'::;;" ~' ,--- ..----. .-- AFTER RECORDING RETURN TO: Equity One, Incorporated 5010 Ritter Road, ~U~~e I I I M~chanicsburg. PA 17055 ..... rA 1ST/ADJ. kAlE MOItTOAoe. OCHWC {7/U19ol) MOtmo.y Slt.O'l.E 'AOE 6 of6 MCOCIAII,I'M THE LAW OFFICES OF GREGORY ,fA V ARDIIAN ,II SC[(JI/d Slrcel I'ikc SIIitc20J SOlllballl/,(ol/, m 18966 June 9, 1998 ' I'hol/e: (215) 9-12.9690 1-lL~' (215) 942.9695 Recorder of Deeds Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Pbi/adelphia Office 2021 Locust Slreel 2nd Hoor Suite Philadelphia, PA 19103 RE: David & Andrea Flowers Tax 1D: 22-25-0006-469 10 Wayne Avenue New Cumberland, PA 17070 Please reply 10 Sourhalllplon Office Dear Sir/Madam: Enclosed please find an original and one (1) copy of a Assignment of Mortgage with regards to the above case. Kindly file the original and return the extra copy time- stamped in the envelope provided. I have enclosed a check in the amount of $14.00 to cover the costs of filing same. If you have any questions, please feel free to contact me. Very Truly Yours, /ddv ALL TIlOSE CERTAIN lots or parcels of land situate in the Borough of New Cumberland. County of Cumberland and s:atc ofP=ylv:uUa, more partieularly bounded and descnbed as foUows, to wit: 'I'ARG'EL 1'10,1: I:lEGlNNlNG .t a point on the westerly line of Woyne A venue one hundred sixl)' :!:"-:! thirty-three one. hundredths (160.33) feel, more or less, North of the northwest comer of Wayne Avenue and Creek Road at the northerly line of Lot No. II, Block H on !be hereinafter mentiooed Plan of Lots; !bence Westwardly at right angles to Wayne Avenue and along said Lot No. II, one hundred eight and two-tenths (108.2) feel, more or less, to a point; thence northwardly pWlllel with Wayne A venue JlfLy (50) fcellO .. point; theuce ~twardly along !be southerly line ofLoiNo. 9, Block "H'" one bundred eight and two-tenths (108.2) feel, more orlesS, to a point on the westerly line of Wayne Avenue; thence along said line of Wayne Avenue southwardly fifty (50) feet 10 the Place of BEGlNNlNG. . BEING Lot No. 10, Bloek "H" on the Plan No.5 of Rosc::nont Addition, said Plan heingreeorckd in Cumherl:uid COWlty in Plan Book 3, Page 64. PARCEL NO, 2: TRACT NO. I: BEGlNNlNG at a ~take at the dividing line betwccn Lors Nos. 10 and 11 of the hereinafter mentioned Plan ofLors and the westerly line ofWayoe Avenue, thenee South 27 degrees 45 minutes E:LSt onc hundred fifiy-nin~ and seventy-eight hund..."dths (159.78) feet to a stalee; thence South 62 degrees 15 minuteS West one hundred eigbt and twenty hundredths (108.20) feet to a stake; thence North 27 degrees 45 minutes West. one hundred fifty-nine and seventy-eight bundredths (159.78) feet along the line oflmd. of Raymond C. Grandon and others to a stake on the dividing line between Lots Nos. 10 and lion the hereinafter mentioned Plan ofLors; thenee North 62 degrees 15 Easl, one hundred eight and twenty hundredths (108.20) feet to a stake on the westerly line of Wayne Avenue, the point or place of BEGINNING. BEING Lars Nos. 11, 12 and 13, B10ek "R" on Rosemont Plan No.5, said Plan heing recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 3 Page 64, UNDERAND SUBJECT to right of way or easement of Lower Allen Township Sewer Authority for a twenty (20) foot seWer line under and alpng a portion of the southerly part of Lot No, 13. TRACT NO.2: BEGINNING at an iron pin at the corner oflands of others and R3.ymond C. Grnndon and the southerly side of Creek Road; thence North 62 degrees 15 minuteS E:!sl, one hundred eight and lwenty- hundredths (10820) feet to a s!Ok.; thence South 2; degrees 45 minutes East, one hundred nine and seventy-seven hundredths (109.77) feet to a stake; thence South 27 degrees 59 minutes West, one hundred thirty and ninety-two hundredths (130.92) fect to a stake; thence along londs of others ond Raymond C. Grandon, North 27 degrees 45 minuteS West, one hundred eighty-three and fifty bundrt:ulhs (183.50) feet to the Southerly line of Creck Raul!, the point or pla,e ofbe~.Illling. The above tracts are descnbed in :!ccordanee with a survey by D.P. Raffensperger. Registered Surveyor. dated January 22, 1962. PARCEL NO.3: BEGINNING.t a point on the westerly line of Wayne Avenue, at the intersection of said line with the Soathedy line of Lot No. g of Rosemond Addition to the Boroullh ofNe'" Cwnborlond; thence in a westerly direction aiong the last mentioned line and at right angles to Wayne Avenue one hunlired eight and two tenths (108.2) feet to a point; thence in. southerly directio fifty (50) . easterly direction along the line or'Lot No.1 0 Block ''H" on 'd pt feet t~ · pomt; thence in an (108.2) feet to WayneAvenu~' thence in u north 1 dir . s~ an one hundred eight and two-tenths poinl, the place of BEGINNING, er y 'eenou oog Wayne Avcnue fifty (50) feet to a BEING Lot No.9, Block "H" as sho Plan N 5 . - Cumberland, said PI b' ~ on O. ,Rosemon! Addil10n to the Borough of New 64. . an emg reeotded In the Cumberland County ~eorder's Office in Plan Book 3 Page o . .. '.'-=0 HAVING ther~on'ereeted a one story b~ck dwellin h Cumberland. PA. g ouse. known as No. 10 Wayne Avenue, New AO~vER' bffu / b !q;- O/?0093/30 ADJUSTABLE RATE i\'OTE r (L1ll0R G MOlHh Indc1. (As Pultlished ill HIt Wal/ Sure' Journal) . RJle Caps) '11115 NOTE CONTAL"S I'ltOl'l5IONS ALLOII'L"G FOR CHANGES IN MY ""TEREST RATEANIJ ~l\' ~IO;-,'l1lL Y I'A nlENT. 11[L~ NOTE L1~lrrS 'I1IE AMOUNT MY 1."TERroSr IlATE CAN CHANGE AT A;-,'Y OI'E TIME ANIJ 'I1[E MA....L\IUM RATE I MUST I'A Y. I'ENNSYLYANIA 96,300.00 January 17, 1997 D:lIc 10 Wayne Avenue, New Cumberland, PA 17070 (Property Address) DORRO\\'ER'S PRO~nsE TO PA Y In rcNrn (or a loan that I have receivcd,l promise 10 pay U.S. 596,300.00 (this amount is ~principal~), plus inlerest. to the order of the Lender. The Lender is Eoui tv One. Incorporated . I understand !.hal the Lender may transfer this NOle. The Lender or anyone II;C5 lhis NOle by transfer and who is cnlitJed 10 receive payments under this NOll: is called the "Nole Holder.. L'ITEREST 100crcsl will be charged on the unpaid principal untillhe full amount of principal has been paid. I will pay interest it[ :al yearly rate of 9. ?So 50, which, except for odd days' interest, if any, will be applied to a 360 day year consisting nonlhs with 30 da)'s each. Interest will be charged until the principal has been paid in full. The interesl rate I will pay ange !n accordance with Section 4. ~he interest rate required by this Section 2 and Section 4 is th~ rate I will pay both before and after aDY default described on 8(8), 'A YMENTS -\) Time and Place of Payments will pay principal and interesl b)' making payments ever)' month. ake my mODthl)' pa)'ments on the first day of each month beginning on March 1 t , I will make these payments every month until I have paid all of lhe principal and interest and any olher charges d below lhal I may owe under this Note. Unless applicable law provides otherwise, each of my regular monthly s will be applied first to accrued and unpa.id interest as if the payment is mad: on its due dale, regardless of wheD the is actually received and the remainder, if any, [0 the unpaid principal balance. Any late charges, collection costs and , dishonored check charges and payments made by the Note Holder to enforce this Note and/or to protect the Note interests under the Security Instrument (as defined in Seclion II) will be assessed separately. If, 00 .e.ry 1, 2027 . I still owe amounts under this Note. I will pay those amounts in full ate. which is c<1.lIed the "maturity e1ale." 'ill make my monthly pa)'m:ms at 523 t Laurel. Nj 08054 Fello~ship Road, Suite 220 . or at a different place if required by the NOle Holder. Amount of My InhiaI Monthly Paym:nts h of my initial monthly payments will be in the amouDt of U.S, 827,37 a)' change. This ...... Monthly Pa)'m:n! Changes nges in my monlhly payment will reneCl changes in the unpaid principal of my loan and in the interest rate that I The Note Holder will determine my new inlerest ratc and the changed amount of my monthJy paymeot in : with Section 4. ERESTRATE AND MONTHLY PAYMENT CHANGES Not.c is Dot payable in installments of equal amOlmts, I...an!er inst.allmCDts m:l)' be due as -prmided herein. The' : in effect on the date or this Note rlnitial Rate") is 9.1'50 % per year, which, excepl for odd days' any, will be applied to a 360 day year consisting of 12 months wilh 30 days each. :nteresl ralc: I will pay may change on the first day of February, 1999 day every 6lh month lbereafter. Each date on which my interest rale could change is called a "Change Date." lOing with the first Change Dale, the interesl rate will be based on an Index. The "Index" is the average of ffered rates for 6 month U.S. dollar-denominated deposits in the London marl:el rUBOR") as published in Tnt lournol "Money Rates" lable. The "Current Jnd!:x" is the most recent Index value available as of the dale (ony- )'S be,fore each Change Dale if .ouch dale falls on a Frida)' or. if such dale docs not fall on a Frida)'. then the Jcx" IS the most recent Index value a\'ailable as of the Friday immcdialel)' preceding the date [ony.five (45) days ,lE L180R 6 MO::TH INDEX 1oI1C. NOTE 11"0 rrrJ :Ol/t.jIMO:-'.t1L r SI/tlrr.E . CENtRIC /9')0196) rACE I OF J ':n9IAD.rM e cach Chanbe Dale. Befole each Ch.."r.-....'le the NOle Holder Will c,lIculate llle ....'01 "':resl rate, which, e.1-Cepl Cor Idd da)'s' inlereSI upon prepJ)'melll in Cull, 111 be applied 10 a 360 day year consislinc 01 12 months with 30 days colch, !dinC 6,750 perccnugc poinls (the ~Marf,in.) 10 the Currcnllndcx, When a new rale is dl:lermimd, lhe rale will unded 10 the nCinesl 1/8%. The Note Holder willlJlen determine lhe :unounl of lJle level monthly paYfIlcnllJlat will be ienl to repay lJle lhen unpolid principJI in full by the maturiry dalc oC lJllS NOle, assuming thai all delinquent pa)'menLS .:lde :lOd ulal all future pa)'ments :ue made when due. Al the nrsl Change Dale, the interest rale will not be increased 10 more lhan two (2) pcrcenl.1ge poinlS above 111e lnitbl lnd, al all subsequent ChilOge Dates. the interest rate will never be incrcilscd or dccreased on any single Change Date 're than one (I) percentage point from the rate o( inlerest ch,uged during the preceding six (6) months. The intercSI ralc :vcr be grealer lhan -.l.i:2.i~ percent per )'e:ar, nor will il ever be: less 1113n one (I) percenuge point bi:low the Rate during the enlire lenn oC lhis loan and alllO time during the term of this loan willlhe rale be increased above Lhe :rmilted by law. The new inlerest rale will become e(feclive on L11e Change Date, The new mooL1L1y parmcnt will begin nrsl monthly payment dale aCler the Change Dale i1nd will remain in eCfecI until L1le montlLly payment changes again. ote Holder will deliver by maitlo me a notice of any change in the inleresl rate and the amount or Lhe new monthly nl at leasl twenty-five (25) da)'s berore lhe effective dale or any payment change. The notice will include information :d by law and possibly cenain other information as well. :xcepl in the case or a Current Index and Margin less than one (I) percenuge point below Ibe Inilial Rale and subject )crcenlage poict limitations on rale cbanges describl:d above, rale dl:creases will be mandatory upon decreases in the 'etennined on Change Dates, but rate increases based upon increases in lhe Index will be optional with Lhe NOle Holder. er, the (act that the Note Holder may not have made a perm.issible increase in whole or in pan will not be considl:red r of lhe NOle Holder's right subsequently 10 make any other pennissible increase within the limits staled in lhis Section djusunenls in lhe rate will be given effect by changing the dollar amounts of remaining equal monthly installmenls so lotal amount due under this NOle will, iC all delinquent payments are made and all future payments arc made when due. by the original maturity dale of this Note: As sUted in Section 2. however. interest will accrue until pa)'ment in full Iy made, ;DEX SUBS1lTUTION Igree that if the Index is 00 longl:r made available, the Note HoJder will sell:ct a new index which is comparable to Intinued Index and the Note Holder will notify me of the change in the index. JRRO\\'ER'S RlGHT TO PREPA Y :a\'e the right to make pa)'ments of principal al any time beCore they arc due, bUllhe Note Holder may apply any paymentsnrst to aoy amounts then due and owing under this NOle or under the Security Inslrumenl and theo to 001 yel due, A payment or principal only is known as a ~prepayment.. ay make a full prepa)'ment or panial prepayments wilhom paying any prepaymenl penalty. Thl: Nole Holder wiU my prepayments to reduce the amount oC principal that I owe under this NOle. If I make a panial prepayment, there changes in the due dates Qr amounlS of my monthJy payments lintil the nrsl payment due after the nw Chaoge Date my panial prepayment unles.s the Note Holder agrees in writing 10 those changes. My panial prepayment may ; amount of my moothly pa)'ments after the first Change Date following my panial prepayml:nt. However, any dUI: 10 my paniaJ prepa)'ment lOa)' be orrsel by an intl:rest rale increase, Excepl as provided in Seclion 7, lhe NOle "DS aoy prepaid finance cbarge at the Lime the loan is made and no pan of il will be refunded !C I pay in full ahead .NCHARGES aw or regulation, which applies to this loan and which sets maximum loan charges-, is Hnally inlerpreted so that the :nher loan charges collecll:d or 10 be collected in conm:ction with Lhis loan exceed lhe pennined limits, then: (i) any st andlor other loan charges shall be reduced by the amount necessary to reduce the intl:rest andlor other loao lhe pennitted limit; and (ii) any sums already collected from me which exceeded permined IimilS will be refunded : Note Holder'may choose to make this refund by reducing the principal J owe under this Note or by making a direct me. Jf a refund reduces principal, the reduction will be treated as a partial prepayment. ROIl'ER'S FA.lLURE TO PAY AS REQUIRED .ale Charges (or Overdue Paymects NOle Holder has not received the full amount of any monlhly payment by the end of fi(teen (J5) call:ndar days :e it is due, I will pay a late charge to the NOle Holdl:r. The amount of Lhe charge will be five percent (S %) of :d payml:nt of principal and inlerest, I will pay this late charge promptly bUI only once on each lale payment. Any .viii be in additiOD to interest 00 the then outstanding princ,ipal. . :fault l not pay the full amount of each monthly payment on the dale il is due, I will be in default. If I am in deCault inal principal amouot oC this loao is over 550,000. the NOle Holder may require me to pay immediately the full ipaJ balance pJus accrued and unpaid interest and any olhl:r amounts I then Owe under lhis loan. However, if the cipal amount of my loan is S50.000 or less. and I am in defaull, the Note Holder will send me a written notice al if I do DOl pay the overdue amount plus penniued costs and expeoses by a cenain date thl: Note Holder may ) pay immediately the full unpaid principal balance plus accrued and unpaid inlerest and any other amounts I then lis loan. Thai dale musI be at Icasl 30 days after the date on which lhe nOlke is mailed 10 me or, iC it is nOI 3YS after Ille date on which iI is delivered to me, "E LID OR 6 MO"IIi INDEX MTC. NOTE (NO ppPJ JUt.i//'\ONTlIL Y SIMrl.E. CENERJC 19/)OIIiGI rACE 2 OF J t.T.!911Jl.PM " ....: ~ :. ',"'. --.. (C) No Wilhcr Oy Nole lJolder E!\'('n if. ,J! J. lime when I .111\ in ddJul, ..e Holt: lIolder docI nol require lI1e 10 pol)' Ilnrnediillely in full 0\5 described 'C, 1111: Note Holder will slill have the ri&hllO do $0 if J am ill default al a bur lime. (0) Pil)'menl or NOle Holder's Com and Elpemcs Jf J defaull, \l,hether or not the Nott Holder hu required me to pay immediately ill full as described above. the NOlt ler will have Ole fight 10 be paid back by me ror all or ilS com and e~penses in enforcing this NOle 10 the c;w;lent not lbiled by applicable law. Those expenses include, Cor example, rCiHonable attorneys' (ees nol prohibited by "pplicilble I will also pay iI Chi'HCt of SIO nlll' any aCfual b.:mk charees (or c3ch dishonored cheel:, dra.rt or other illSlrument issued .e in piI)'ment on mis loan. GIVING OF NOnC~ Unless applicabl~ iaw requires a dirrerent method, any notice Ihal must be ch'en 10 me under this Note will be given -Iivering it or by mailing il by fiut c1:1sS maitlo me at Ihe Property Address above or at a different address if I give tlle Holder a nOlice of my different address. Any notice that must be given 10 the NOle Holder under lhis Note will be given by mailing it by first class mail to lhe Holder at me address sUled in Section 3(A) or at a diUerent address if J am given a notice of milt different address. BORROWER'S \\'A1YERS l waive my rights 10 require me Note Holder [0 do certain mings. Those things are: (A) 10 demand Pili'ment of amounts nown as .presenunenn: (B) to give notice that amounts due have not been paid (known as .nolice of dishonor.); (C) tin an official cenification of nonpayment (known as a .pr,olesn. Anyone else (i) who agrees 10 keep the promises made NOle, or (ii) who agrees 10 make payments 10 the NOle Holder if I fail to keep my promises under !.his NOle, or (iii) gns mis Note to transfer it to someone else (known as .guarantors, sureties, and endorsers.), also waives mese rights. rills NOTE COVERED BY A SECURITY lNSllWMENT \ Security Instrument of even date containing a description of my real propeny protecls the NOle Holder from possible .....hich might result if I do not keep the promises .....hich I make in this Note. This Note is secured by that Security len!. Thai Security Instrument describes how and under .....hat conditions I may be required 10 make immediate payment )f all amounts !.hat I owe under this No[e. Jr I do not keep the promises which I make in this Note, I may lose my real y, .ESPONSIDlLITY OF PERSONS Ul\'DER TInS NOTE . morc man one person signs this Note, each of us is fully and personally obligated to pay the full amount owed plus ges as described in Sections 8(A) and 8(0) and 10 keep all of the promises made in !.his Note. Any guarantor. surety, .ser of !.he NOI!: (as describ!:d in St:ction J 0) is also obligaled 10 do thes!: things. The Note Hold!:r may enrorce its lder this Note against each of us individually or against all of us together, This means !.hat anyone of us may be 10 pay all of the amounts owed under this NOle. I)' person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my made in this Note. Any person who takes over the rights or obligations of a guarantor. surety. or endorser of this described in Section 10) is also obligated to keep all of me promises made in this NOle. \ 1 \ \ I I \ I : \ 'PLICABLE LA IV :s Note is made pursuant to lhe Alternative Mongage Transaction Parity Act of 1982 and applicable regulations. :, to the extenl not preempted by such aCI or regulalions or other applicable federal law, Pennsylvania law governs , In the event of a connicl between any provision of this NOle and any federal or Pennsylvania st.1tu1e, Jawor I in e((ect as orth: date of this Note, the statute. law or regulation shall cont(OIIO the extent of such connict and the ~ provision contained in this Note shall be without e((ect. All o!.her provisions of this Note will remain fully effective :eabte. ';'."::. ,':.. .."::.: ....;..:..:' :.::,:~.: .....:... rNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED, //~ (Seal) (Seal) Borrower (Seal) Borrower (Seal) Borrower .". :. "'.' . FLOWERS "/']17 (In :P(l_~!k:;;-""- I. FLOWERS Borrower (Seal) BC'ITower ',j ! (Seal) Borrower ,TE L1BOR 6 Mor.'TIIINOEX MTa. NOTE INO rrrl :OUNTIMO~"HL r SI"lrLE. aENEPJC 1~IJOI961 rACE) OF) ""T29tA.!,PM .., :~)\,\ .'.:":.:, .....;'.::. , Tim LAW /I ,. r; C I.!i (I I GUEGOUY J"i1MWl.1J\' ---------~--,_.._--_._-~._--------------- otherwise settle your delinquency. That meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with the lender. or with a consumer credit counseling agency identified in this notice, no further proceedings in mortgage foreclosure may take placa for thirty (30) days after the date of that meeting. The name, and telephone number of the representative is: AMY O'CONNOR Telephone Number:: (1-800 451-1093 ext. 6130) The name(s) and address(es) of the designated consumer credit counseling agency(ies) is(are): see attached It is only necessary to schedule one face-to-face meeting. You should advise the lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency 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 application. It must be filed or postmarked within thirty (30) days of your face-to-face meeting. You must either mail you 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 Ag~ncy is located at 2101 North Front Street, P.O. Box 8029, Harrisburg, PA 17105. Telephone Number: (717) 780-3800 or 1-800-342-2397 (toll free number) . ~ An application for assistance may be obtained from the lender, from a consumer credit counseling agency, or directly' from the Pennsylvania Housing Finance Agency. It is extremely important that you file your application promptly. If you do not do so or if 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 limited. That will be disbursed by the Agency under the eligibility criteria established by the Act. Greene, Huntingdon, Indiana, Jefferson, Juniata, La\,I[(~nce, l~ercer, r~ifflin, Synder, Somerset, Union, Venago, \'lasllington & Westmoreland Counties (8) Consumer Credit Counseling Service of Northeastern Pennsylvania Connell Building, suite 401 Box 169 Scranton, PA 18501 (717) 655-9527 Bradford, Carbon, Columbia, Lackawanna, Luzerne, Lycoming, Monroe, Montour, Northcumberland, Pike, Sullivan, Susquehanna, Tioga, Wayne and Wyoming Counties. ( 9) The Budget Counseling Center 247 North 5th Street Reading, PA 19601 (215) 375-7866 Berks, Chester, Montgomery and Schuylkill Counties (10) Fayette County 48 East Church Uniontown, PA (412) 437-6050 Fayette County Community Action Agency, Street 15401 or (412) 437-4400 Only Inc. (11) Indiana County Community Action Program Box 187 Indiana, PA 15701 Armstrong, Cambria, Clearfield, Indiana, Jefferson, & Westmoreland Counties (12) Housing Council of York 116 North ,George Street York, PA 17401 (717) 854-1541 (13) Housing Association of Delaware vafrey 1314 Chestnut Street Suite 900 " philadelphia, PA 19107 (215) 545-6010 658 North Watts Street Philadelphia, PA 19123 (215) 978-0224 (14) Housing Opportunities, Inc. 133 7th Street P.O. Box 9 McKeesport, PA 15132 (412) 664-1590 Allegheny, Beaver, Butler, Washington and Westmoreland Counties ( IS) Guideline Doane Center Manfield University Mansfield, FA 16933 1_800-332-6718 (717) 662-~21~ Bradford, potter, Sullivan & Tioga countries (16) John R. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 Crawford & Erie Countries (17) Lycoming- Clinton Counties Commission for Community Action (STEP) 1221 West 3rd Street P.O. Box 1328 Williamsport, PA 17703 (717) 326-0587 Clinton and Lycoming counties (18) Neighborhood Development Agency 5935 Ogontz Avenue philadelphia, PA 19141 (215) 549-2344 (19) Philadelphia council for Community Advancement 1701 Arch Street, suite 304 philadelphia, PA 19103 (215) 567-7,800 Chester, Delaware, Montgomery and philadelphia Counties (20) Shenango Valley Urban League, Inc. Housing Counseling Services 39 Chestnut Street Sharon, PA 19146 Mercer, Crawford and Lawrence counties " (21) Southwest Germantown Community Development Corporation 5003 Wayne Avenue philadelphia, PA 19144 Philadelphia County only (22) Tabor Community Services, Inc. 320 South Duke Street Lancaster, PA 17602 (717) 397-5182 Chester, Lebanon, & Lancaster counties " ALL THOSE CERTAIN lots or parccls ofland situatc in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: PARCEL NO. I: BEGINNING at a point on the westerly line of Wayne Avenue one hundred sixty and thirty-three one- hundredths (160.33) feet, more or less, North of the northwest comer of Wayne Avenue and Creek Road at the northerly line of Lot No. II, Block H on the hereinafter mentioned Plan of Lots; thence Westwardly at right angles to Wayne Avenue and along said Lot No. II, one hundred eight and two-tenths (108,2) feet, more or less, to a point; thence northwardly parallel with Wayne Avenue fifty (50) feet to a point; thence eastwardly along the southerly line of Lot No, 9, Block "H" one hundred eight and two-tenths (108.2) feet, more or less, to a point on the westerly line of Wayne Avenue; thence along said line of Wayne Avenue southwardly fifty (50) feet to the Place of BEGINNING. BEING Lot No. 10, Block "H" on the Plan No.5 of Rosemont Addition, said Plan being recorded in Cumberland County in Plan Book 3, Page 64. PARCEL NO.2: TRACf NO. I: BEGINNING at a stake at the dividing line between Lots Nos. 10 and II of the hereinafter mentioned Plan of Lots and the westerly line of , Wayne Avenue, thence South 27 degrees 45 minutes East one hundred fifty-nine and seventy-eight hundredths (159.78) feet to a stake; thence South 62 degrees IS minutes West one hundred eight and twenty hundredths (108.20) feet to a stake; thence North 27 degrees 45 minutes West, one hundred fifty-nine and seventy-eight hundredths (159.78) feet along the line oflands of Raymond C. Grandon and others to a stake on the dividing line between Lots Nos. 10 and lion the hereinafter mentioned Plan of Lots; thence North 62 degrees IS East, one hundred eight and twenty hundredths (108.20) feet to a stake on the westerly line of Wayne Avenue, the point or place of BEGINNING. BEING Lots Nos. II, 12 and 13, Block "H" on Rosemont Plan No.5, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 3 Page 64. UNDER AND SUBJECT to right of way or easement of Lower Allen Township Sewer Authority for a twenty (20) foot sewer lin~ under and along a portion of the southerly part of Lot No. 13. , TRACT NO.2: BEGINNING at an iron pin at the comer of lands of others and Raymond C. Grandon and the souther!y side of Creek Road; the!;ce North 62 degrees IS minutes East, one hundred eight and twenty- hundredths (108.20) feet to a stake; thence South 27 degrees 45 minutes East, one hundred nine and seventy-seven hundredths (109.77) feet to a stake; thence South 27 degrees 59 minutes West, one hundred thirty and ninety-two hundredths (130.92) feet to a stake; thence along lands of others and Raymond C. Grandon, North 27 degrees 45 minutes West, one hundred eighty-three and fifty hundredths (183.50) feet to the Southerly line of Creek Road, the point or place of beginning. Tbe above tracts are described in accordance with a survey by D.P. Raffensperger, Registered Surveyor, dated January 22, 1962. PARCEL NO. 3: I BEGINNING at a point on the v.:esterly line of Wayne Avenue, at the intersection of said line with the Southerly line of Lot No.8 of Rosemond Addition to the Borough of New Cumberland; thence in a westerly direction along the last mentioned line and at right angles to Wayne Avenue one hundred eight and two tenths (108.2) feet to a point; th~nce in' a southerly direction fifty (SO) feet to a point; thence in an easterly direction along the line of Lot No. 10 Block "H" on said Plan one hundred eight and two-tenths (108,2) feet to Wayne Avenue; thence in a northerly direction along Wayne Avenue fifty (SO) feet to a point, the place of BEGINNING. ' BEING Lot No.9, Block "H" as shown on Plan No.5, -Rosemont Addition to the Borough of New Cumberland, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 3 Page 64. HAVING thereon erected a one story brick dwelling house, known as No. 10 Wayne Avenue, New Cumberland, P A. " -' COURT OF COMMON PLEAS CUMBERLAND COUNTY LaSalle National Bank, As Trustee Under the pooling and Servicing Agreement Dated 3/1/97, Series 1997-1 vs. NO. 98-3377 CIVIL David A. Flowers and Andrea M. Flowers NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVID A. FLOWERS ANDREA M. FLOWERS 10 Wayne Avenue New cumberland, PA 17070 Your house (Real Estate) at 10 Wavne Avenue, New Cumberland, PA 17070, is scheduled to be sold at Sheriff's Sale on WEDNESDAY. DECEMBER 9. ~, at 10:00 a.m., in the Commissioners's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse square, Carlisle, pennsylvania 17013, to enforce the court judgment of $109.903.60 obtained by LaSalle National Bank. As Trustee Under the poolino and Servicino Aoreement Dated 3/1/97. Series 1997-1 against you. 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 back to Gregory Javardain, Esquire the amount of'tne Judgment plus costs OR the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (215) 942-9690. 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 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. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Gregory Javardian, Law Offices at telephone (215) 942-9690. ~ ~~ 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 sale. To find out if this has happened you may call Gregory Javardian Law Offices at telephone (215) 942-9690. 4. If the amount due from the buyer is not paid to the Sheriff, you ',will remain the owner of the property as if the sale never happened. 5. 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. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on January 9, 1999. 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 distribution is wrong) are filed with the Sheriff within ten (10) days after January 9, 1999. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE 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. LAWYER REFERRAL SERVICE '. j~OURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200