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HomeMy WebLinkAbout98-04385 . . . . .' I . ' . , J I , I I , I ",I ,I ~I f , ~ ~ ~ '" .t1, -. !t.. ~ ~!" t1 "1;",."" 'J.: , "\ ."J .. ~ 't ~ , , I \ I I I ~ I to! - . I ~I "'I ~I ';J-' . ()oo <:r 0 \.D 0 C 0) -I': () ~::: ~ :7! ~ "TJr.,} ~ rl,:o 7> ~ rnf; ; ;= " r- 2:1_ '-" ~"Jm *- t\:. 71'-- ':;-'19. -f::- ~~:t~: 0 Sf.i? I;' - CJi ~~: -0 "T' , -- :-..1.: 75:JJ ~ ,".() -0 (JJ tr.-= () Orn 'b ;,l-"'c:: ~ , CO 0 .-, r. :q =< (J1 -... 11- j .~. ." " " is attached hereto and incorporated herein by reference as Exhibit "A" which mortgage contains and is a lien upon the property situate at 435 Market Street, New Cumberland, Cumberland County, Pennsylvania 17070. 4. A copy of the Note is attached hereto and incorporated herein as Exhibit "8" 5. Plaintiff, in consideration of the said Mortgage and Note advanced to Mark W. and Kathleen J. Noll the sum of Thirty Two Thousand Five Hundred Dollars ($32,500.00). 6. The premises subject to said mortgage is more specifically set forth in Exhibit "A". 7. Mark W. Noll and Kathleen J. Noll are the sole owners of the said premises securing said mortgage. 8. Said Mortgage has not been assigned in whole or in part by the Plaintiff herein. 9. That said Mortgage is in default because Defendants herein have failed to make the following payments: partial payments of $466.28 for January, 1998, $474.93 for February to July, 1998; plus late charges of $125.86. 10. The Plaintiff has given to the Defendants written notice of intention to foreclose on said Mortgage as required by law under Act 6, dated March 25, 1998, copies of which are attached hereto and incorporated herein as Exhibit "C". 11. The Plaintiff has given written notice of default as required by the Homeowner's Emergency Assistance Act of 1983, dated March 25, 1998, copies of which are attached hereto and incorporated herein as Exhibit "D". . . , . . WHEREFORE, Plaintiff, Harris Savings Bank demands Judgment in its favor and against Defendants Mark W. Noll and Kathleen J. Noll in the amount of$34,119.84, plus interest at the current rate of 13% from July 25, 1998, until paid, additional late charges and costs of preserving the collateral and costs of suit. Date: ~~~i9f :~P"~ - Richard C. Ruben, General Counsel Harris Savings Bank Second and Pine Streets Harrisburg, PA 17101 (717) 236-4041 I.D. #27767 . . CORPOl~ATE VERIFICATION 1, Stevcn E. Gifford, state that I am the Vice Prcsident of Credit Administration of Harris Savings Bank, the Plaintiff hcrein, that I am authorized to make this affidavit on its behalf and that thc facts set forth in thc foregoing Complaint in Mortgage Foreclosure are true upon my personal knowledge, information and belief. I undcrstand that my statemcnts are made subject to 18 Pa. Cons. Stats. 94904 providing for criminal penalties for unsworn falsification to authorities. Date: ~lv~hY .J/dJ4,", ;0 ~ Stevcn E. Gifford MORTGAGE 1:'I;PlI;. ;; :'1 r':I,~ CIJ~I.' Io:.^,", ~tlllHry :1 HH~\lv'\~'I, fi:a /8 "47 All '83 TIllS "IOR1'GAGI- . I tl' 17th I f Fehruary r _ IV ~ IS 1l13l C us............................. (i~ 0 . . . . .. . , . ~ . . . . . . . . . . . . , . . . , . . I 19. .fll Letween Ihe Morlgagc,r,. .t:1~\l~. ~.'. .~ql:I...!'!l~l. .Ki!'I:I.II..!':!W :'.'.. .0(,1." .h.i.~ .":'!f!'................. ...............,....................... ,(herein "Borrower"). alllllhe Mortgagee...... ,TilE.....,.. . . . . . . . . . . .. IIAIUUS SA VINClS ASSOCIATION... . . . . . . . . . . . . .. II corporation organiled and exi,ting lindeI' the laws of............ .1'ennsylvRnhL................ who,e address is... 2nd RIIIII'lne stroot,.. . . . .. Harrisburg, I'ennsylvnnla 17101 ................................... (hereill "Lender"). WHEREAS. Borrower i, illdehlcd tll Lender in the principal slim of. :i:I!~r,~y:-~'~P. :1:I!q,!~?!l.d. .~\'!9........ lI.u.'1<lt;<;~. !lJ1P. .f\'!I.-!-QP. .(:S.3.z.,.~qQ, \>\>);-'-.-.-:-:-:-::-:-.I)olla,s. which illdehtednm is evidelleed by Borrower', note dated. . .I:obn'n,ry. . n. . 1911;l. . . . . . (herein "Note"). providing for nllnllhly inslallmenls nf principal and illtere't. with the halance nf the indehledness. if not sooner paid, dlle and payahle nn..... Na.~~I!. )'.. .2.C!U.......... ...................., To SECURE In Lender (a) tite repaymentuf Ihe indehledness evidenced hl' Ihe Note. wilh inleresl thereon, the payment of all other sums. with interest thereon. advanced in accordance herewith to protect the ,eeurity of thi~ Mortgage, and the performance of the eovenanls and agreements of Borrower hercin contained, and (b) the repayment of any future advance" with interest thereon. made 10 Borrower by Lender pllrsllant to paragraph 21 hereof (herein "Future Advance,"), Borrower doe, hereby mortgage, graot aod convey to Leoder the following described property located in the County of. . . . . . . . . . . . . .<:;u.11J1l<;, +!lJ1P. . . . . . . . . . . . . . . .. State of Penosylvania: ALL THAT CERTAIN lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, hounded and described in accordance with a survey and plan thereof by Gerrit J. Betz, R.S., dated June 11, 1970, as follows: BEGINNING at a point on the northeastern side of Market Street, said point being 43 feet southeast of the intersection of Market and Fifth Streets; thence along lands now or late of Eichelberger North 40 degrees East 100 feet to a corner; thence along other lands now or late of Eichelberger South 50 degrees East 37 feet to a corner; thence continuing along said lands North 40 degrees East 50 feet to a point on the southwestern side of Walnut Alley; thence along said alley South 50 degrees East 5 feet to a corner of lands now or late of Neishe; thence along said land South 40 degrees West 150 feet to a point on the northeastern side of Market Street aforesaid; thence along the same North 50 degrees West 42 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story frame dwelling house known and aumbered as 435 Market Street. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record pertaining to said premises. BEING the same ) '.-, 2 ,~I\;. herein. premises which Barbara J. Nelson, Single person, by deed dated and to be recorded herewith, granted and conveyed unto the Mortgagors THE mortgagors represent and warrant that neither of the parties hereto has heretofore instituted divorce proceedings against the other and it is further agreed that the lien, operation and effect of this mortgage should not be changed in any manner as a result of or part of any property settlement or equitable distribution by the court in any divorce proceedings now or hereafter instituted by either of the mortgagors hereto against the other. IT IS UNDERSTOOD AND AGREED that the mortgagors, at their expense, will carry flood insurance on the premises herein described in the amount of $32,500.00 so long as a balance remains on this mortgage. EXHIBIT . 435 Market Street i whIch has the address of. . . . . . . . . . . . . . . . . . . . . . . . . [Street) Pennsylvania 17070 . " . . . . . . . . . . . . . . . . . . . '. . . . . . . . (herem Property Address (State and Zip Code} 11 New Cumberland .........................., (CIly) .-~-,.~";..,,..,. , TOGETHER wi,th all the improvements now or hereafter erected on the property, and all easements. rights. appurtenances, rents, royalties, mineral. oil and gas righi' and profit" water, water rights. and water 'lock. and all fixtures now or hereafter attached (0 the property, all of which, including replacements and additions therc(o, shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a lea,ehold) arc herein referred to as the "Property"; Borrower covenant, that Borrower is lawfully seised of the eslate hereby conveyed and has the right to mortgage, grant and convey the Property. that the Property is unencumbered, and that Borrower will warrant and defend generally the title to the Property against all claims and demands. subject to any declarations, casements or restrictions listed in a schedule of exceptions to coverage in any title insuraaee policy in,uring Lender's interest in the Property. PENNSYLVANIA-l to 4 Family-6/75-FNMA/FHlMC UNIFORM INSTRUMENT ....j. "'If) I'nn~ " ; !"~'E \... . UNirOR'M COYP.N!\NTS. Borrower and Lender cnvcIHlnl and a/otrce ;as follows: 1. Payment of Prfndpal and Interest. Borrowcr shnll prnlllptl~' pay when due Ihe principal of nnd inlcrest on Ihe indehledness evidenced hy Ihe Nole, prepaymenl and late charge, '" provided in Ihe Nole, and the principal of and inlerell on any Fulure Advnnccli !iccurcd hy lhis Morlgllge, 2. Fund.li for Taxe.s and Iml1lropcr. Suhjecl 10 applicnhle Inw or to It wrillen waivcr hy I.cnder, norrower !ihall IlaY to l.ender on Ihe day monthly jmtallmenl' of principal and inlere,t ale payahle tloder the Nole, tlnlillhe Nole is paid in fnll, a sum (herein lIFund!!") equal In olle.twclfth o( Ihe yellrly Ia'~c~ llnt! as'ies\ll1cnls whic:h may allain priori1Y over lhili Mortgage, and ground renls on the Properly, ir nny, plm nnc.lwelllh or yearly premium inslaJlrnents ror h:r/iud insurance, plus one.twelrHl of ye"rly premium inslallmenls for morlgage insurance. H any. all ali reasonahly estim;llcd initially and (rom time 10 lime hy Lender on the has is of nssessmenls IInd hills ;lI1d rea~(lnilhlc estimales Ihereof. The Funds shall he held in an institulion lhe deposits or accounls of which arc insurcd or guaranteed hy a Federal or slate agency (including Lender if Lcnder i, such an insfilulion). lender shall apply Ihe Fund, 10 pay said la,e" a"essOlenls, instlranee premiums and ground renl'. Lender may nol charge for so holding and applying the Funds, analyzing said acentlnt, or verifying and compiling said assessmcnls and hills, unless Lender pays Borrower inlerest on the Funds and applicahle law permils l.ender 10 make stich a charge. Borrower and I.ender may agree in wriling ..t Ihe lime of execution or this Mortgage Ihal inlerest un Ihe Funds shall he paid 10 Borrower, and ll1l1css such :Igrecment is nllldc or applicable law requires such interest 10 be p:lid, Lender shall not he required 10 pay Borrower nny inlerest or carnings on the Funds. 1.emler shall give 10 Borrower, without charge, an :lI1nu;ll accounling or lhe Funds showing credits and debits to the Funds and (he purpose for which each debit 10 Ihe Funds WtlS mOllie, The Funds ;ne pledgcd liS addilional security for the sums secured hy this Mortgage. H Ihe amounl or the Funds held by Lender, logether with the future monthly installments of Funds payable prior to Ihe due dates of laxes, assessmenls, insurance premiums ilnd ground rents, shall exceed the amount required to pay said taxes, assessmenls, insurance premiums and ground rents as they rail due, such excess shall be, at Borrower's option, either promptly repaid 10 Dorrower or crcdited fo Borrower on monlhly jnswJJmcnl,l; of Funds. Jf the amount or the Funds held hy Lender shall nol be sufficient to pay la,e" asse"menls, insurance premiums and grotlnd renls as Ihey fall due, Borrower shall pay 10 Lender any amounlnecessary to make up Ihe deficiency wilhin 30 days from the dale nOlice is mailed by Lender to Borrower requesling paymeol IhereoI. Upon payment in full of all stlms sectlred hy this Morlgage, Lender shall promptly reftlnd to Borrower any Funds held hy Lender. If under paragraph 18 hereof the Properly i, sold u, Ihe Properly is olherwise aeqtlired hy Lender, Lender shall apply, 00 laler thao immedialely prior 10 Ihe sale of Ihe Property or ils acquisition hy Lender, any Funds held by Lender at Ihe time of appliealion as a credil againsl Ihe sums seetlred by this Mortgage. 3, Application of Pnyments, Unle" applicahle law provides olherwi,e, all payments received hy Lender tinder the Nole and paragraphs I and 2 hereof shall be applied hy Lender firsl in paymenl of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Nole, then to the principal of the Note, amI then to interest and principal on any Future Advances. 4. Char~esj Liens. Borrower shall pay all laxc~, assessment~ nnd other charges, fines and impositions attributable to the ,Property which may attain a priority over this Mortgage, and leasehold paymenls or ground rents, if nny, in the manner provided tinder paragraph 2 hereof or, if not paid in such manner, hy Borrower making payment, when due, direelly 10 the payee Ihereor. Borrower shall promptly ftlrnish to Lender all nolices of amounls due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipls evidencing such paymenlS. Borrower shall promptly discharge any lien which has priority over Ihis Mortgage; provided, that Borrower shall nol be required to discharge any such lien so long as Borrower shall agree in wriliog 10 the paymenl of the ohligation secured hy such lien in a manner acceptable to Lender, or shall in good fnith contest sllch lien hy, or defend enrorcemellt of such lien in, legal proceedings which opera Ie to prevent the enforcement of thc lien or forfeiture of the Property or any part Ihereof. S. Hazard Insurance. Borrower shall keep the improvements 1101,1.' existing or hcreafter erecled on the Property insured against lo~s by fire, hazard~ included within the term "cxtended coveragc", and such other hazards as Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed thai amount of coverage required to pay the slims secured by this Mortgage, The insurance carricr providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not bc unreasonably withheld. All premiums on insurance policies !ihall be paid in the manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, dircctly to the insurance carrier, All insurance policies and renewals thereof shall hc in form acceptilblc to Lender and shall include a standard marlgage e1ause in favor of and in form aeceplable to Lender. Lender shall have Ihe righl 10 hold Ihe policies and renewals thereof, and Borrower shall promplly furnish 10 Lender all renewal nOlices and all reeeipls of paid premiums. In Ihe event of loss, Borrower shall give prompt notice 10 the insurance carrier and Lender. Lender may make proof of loss if not made promplly hy Borrower. Unless Lender and Borrower otherwi$c agree in wriling, instll'ance proceeds shall be applied to resloration or repair of the Property damnged, provided such restoration or repair is economically feasible and the security of this Mortgage is not Ihereby impaired. H such restoration or repair is not economically feasihle or ir the securily or this Mortgage would be impaired, the insurance proceeds shall be applied to the sums secured by this Mortgage, with Ihe excess, if any, paid to Borrower. If the Property is ahandoned hy Horrower, or if Borrower rails 10 respond 10 Lcnder within 30 days rrom the date notice is mailcd"by Lender 10 Borrowcr that Ihe insurancc carrier otTers 10 setlle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in wriling, any stich application of proceeds to principal shall not extend ar poslpone lhe due date of the monthly installments referred to in paragraphs I and 2 hereof or changcthc amount of such installments, If under paragraph 18 hereof the Property is acquired by Lender, all righi, title and interest of Borrower in and 10 any insurance policies and in and 10 the proceeds thereo[ resulting from damage to the Properly prior to the sale or acquisition shall pass to Lender to the extent o[ the sums secured by this Morlgage immediately prior to such sale or acquisition. 6. Prcsen'ation and J\fainfcnrmcc of Property; Leaseholdsj Condominiums; IlllInned Unil Dc\'clol'l11cnis. Borrower shall keep the Property in good rcp<1ir and shall not commit waste or permit impuirmcnt 01' deterioration of the Property and shall comply wilh Ihe provisions of any lease if this MOrlgage is on a leasehold. If this MUrlgage is on a tlnit in a condominium or a planncd unit' developmenl, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or plunned unitdc'v'c1opment, the by-law!> and regulations of the condominium or planned unit development, :lI1d constituent documcnls. If a condominium or planned unit developme'nt rider is executed by Borrower and recorded logether wilh this Mortgage, the covenants and agreements of stich rider shall be incorporated inlo and shall amend and supplement Ihe covenanls and agreements or this Mortgage as if the rider were a pari hereof, 7. Protecllon of !'ender's Security. If Borrower fails to perform the covenants nnd agreements contained in this Morlgage, or if any aelion or proceeding is commenced which materially' alTects Lender's interest in the Properly. .including, but not limited to, eminent domain, insolvency. code enforcement, or arrangements or proceedings involving:3 bankrupt or decedent, Ihen Lender al Lender's oplion, upon notice to Borrower, may mnke such appearances, disburse such sums nndtnke such acHollas is necessary, to protect Lender's interest, including, but not,limited to,disbursement of .reasonable attorncy's fees and enlry. upon the Property 10 make repairs. If Lender required mortgage insurancc asa condition of making Ihe loan secured by this Morlgage, Borrower shall pay the premiums required to maintain .such insurancc in effect until such time as the requirement for such insurance terminates in accordance with BorrOWer's and " 1'''''\ ' , . ~ I , ~ /, 1""1: "'/ \" .,. I.e'nde;'s wrillen agreemenl or applicable law. Borrower shall pay the amnllnl of all morlgage insurance prel"""ms in the manner provided under paragraph 2 hereof. Any amollnts disbllrsed by Lender p",,"ant 10 this paragraph 7, wilh inlere" thereon, shall become additional indebledn... of Borrower secured hy Ihis Morl~age. Unless Borrower and Lemler agree 10 olher le,ms of paymenl, sllch amollnts shall he paYllhle IIpon nO' ice f,om Lemler 10 Ih"rowe, rell"e'ling I"'ymenl thereof. allll ,hall hear inlere,1 from the date of dishllrsemenl III Ihe rille payahle from lime 10 I;me on olllslandlng principal under Ihe Nole IInless payment of Interest ot slIch rule would he cunlrilry tn llpphcl.lblc lilW. ill which event ~lIch 1I11101lnl'i ~IHlll hCllr inlcrt~'1 itl the highc'it n\lc pcrmi"ihle IInder Ilpplicable law. NOlhing contained in Ihis pan,gral'h 7 shall ,eqllire Lender 10 inellr any c.pense or ,ake any action hereunder. 8. Inspection. Lender lOllY n",ke or came tu he n""le reasonahle enlries "l'on and inSl'eelions of Ihe ProperlY, provided Ihall.ender shall give Borrower nolice prior 10 any slleh inspeelion specifying rea SOli able caliSe Iherefor relaled tu Lender's interest in the Property. 9. Condemnation, The proceeds of any award or claim for dam.ges, direcl or eOllseqllenlial, in eonneelion wilh any condemnalion or olher I.king of the Properly, 0' parllhereof. or for conveyance in lien of eondemnalion, are herehy assigned and shall be paid 10 Lender. In Ihe event of a tolallaking of Ihe ProperlY, Ihe proceeds shall he applied 10 Ihe Slims seellred by this Mortgage, with Ihe excess, if any, paid to Borrower. In Ihe evenl of a parlial taking of Ihe ProperlY, IInle\S Borrower and Lender olherwise agree in wriling, Ihere shall he applied tu Ihe ,,"lIS seen red hy Ihis Morlgage slleh proportion of ,he proceeds as is eqllallo Ih.t proportion which Ihe amollnt of the SlnllS secured hy Ihis Morlgage immedialely prior 10 Ihe dale of taking bears to the fair m.rkel vallie of Ihe P,operty immediately prior 10 the dale of laking. wilh Ihe hahlOce of Ihe proceeds paid 10 Borrower. If Ihe Properly is abaodoned by Borrower, or if, arrer nolice hy Lender to Borrower Ihatthe eondemoor alTers to make an award or seltle a claim for damages, Borrower f,lils 10 respond 10 Lender wilhin 30 days arrer the date sllch nolice is mailed, Lender is alllhorized 10 collecl and apply Ihe proeceds, al Lender's option, eilher 10 resloration or repair of the Properly or to the sums secllred by Ihis Mortgage. Unless Lender and Borrower otherwise agree in wrilillg, any sllch applicalion of proceeds to principal shall not e.tend or poslpone Ihe dlle dale of Ihe monthly installments referred to in paragraphs I and 2 hereof or c1li1nge Ihe amollnt of sllch inslallments. 10. Borrower Nol Released, Exlension of the lime for payment or modification of amorlizalion of Ihe slims secured by this Morlgage granted by Lender to any successor in interest of Harrower shall nol operale 10 release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not he required to commence proceedings against such successor or refuse to eXlend time for payment or otherwise modify amorlizalion of the slims secllred by Ihis Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Forbearance by Lender Not Q Waiver. Any forbearance by Lender in exercising any right or remedy hereunder. or otherwise aITorded by applicable law, shall nol he a waiver of or preclllde the exercise of any such right or remedy. The procurement of insllrance or the payment of laxes or olher liens or charges by Lender shall nol be a waiver of Lender's right to aecclerate the maturity of the iudebledness secured by this Mortgage. 12. Remedies Cumulative. All remedies provided in this Mortgage arc dislinct and cumulalive to any other right or remedy under this Morlgage or aITorded by law or eqllity, and may be exercised concllrrently, independently or successively. 13. Successors Bnd Assigns Bound; Joint and Several UubiUty; Captions. The covenants and agreements herein contained shan bind, and the rights hereunder shalt inure to, the rCl'pct.:iiw successors and assigns of Lender and Borrower, subject to Ihe provisions of paragraph 17 hereof. All covenants and agreemenls of Borrower shall be joint and several. The captions and headings of tbe paragraphs of this Morlgage arc for "onvenience only and arc nol 10 be used to interpret or define the provisions hereof. 14. Notlee. Except for any notice required IInder applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by mailing sllch notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, ,eturn receipt reqllesled, to Lender's address stated herein or to sllch olher address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. Uniform Mortgage; Governing Law; Severability. This form of mortgage combines uniform covenants for national use and non-uniform covenanlS with limited variations by jurisdiction to conSlilllte a IIniform security instrumenl covering real property. This Mortgage shall be governed by Ihe law of Ihe jurisdiction in which the Property is located. In the event Ihat any provision or clause of this Mortgage or Ihe NOle conflicls with applicable law, sllch conftiel shall not affect other provisions of this Mortgage or the Note which can be given eITect without the conflicting provision, and to this end the provisions of the Mortgage and the NOle are declared to be severable. 16, Borrower's Copy. Borrower sball be furnished a conformed copy of the Nole and of this Mortgage at the time of execution or after recordation hereof. 17. Transfer of the Properly; Assllmption. If all dr any part of Ihe Property or au interesl therein is sold or transferred by Borrower without Lender's prior wrillen consenl, exclllding (ill Ihe creation of a lien or encumbrance sllbordinate to Ihis Mortgage, (b) the creation of a pllrchase money security interest for household appliances, (c) a transfcr by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any le.lsehold interest of three years or less not containing an option to purchase. Lender may. at Lender's option, declare all the sums secured by this Mortgage to be immediately dlle and payable. Lender shall have waived sllch option 10 accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender shall reqllest. If Lender has wilived the option to ilccelerale provided in Ihis paragraph 17, and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Mortgage and the Note. If Lender ex.ercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph \4 hereof. SlIch notice shall provide a perind of not less Ihan 30 days from Ihc date the notice is mailed wilhin which Borrower may pilY the slims declared due. If 1I0rrower fails to pay such sulllS prior to Ihe expiration of such period, Lender may. without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 18. AcceleraCion; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, includJng the eovenanls 10 pay when due any sums seellred by this Mortgage, Lender prior to acceleration shall mull noliee to Borrower as provided by applicable law specifying: (I) Ihe breach; (2) the aclion required to cure sllch breach; (3) a date, not less than 30 days from the date tbe notice Is mailed to Borrower" by wllieh suell breach must be cured; and (4) tbat failure to cure slleh breach on or before the dale specified In the notice may reslllt in acceteration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. The notice shall furlhe,' inform Borrower of lhe right 10 relnstale after acceleration and the right to assert in Ihe foreclosllre proceeding the non-exislence of a default or any other defense of Borrower 10 acceleration and foreclosure. If the breach is not cured on or before the ,date speclfted in the notice, I.ender at Lender's option may declare all of the sums seellred by this Mortgage to be immediately 'due and payable wilhout further demand alld moy foreclose this Morlgage by judicial proceeding, I.ender shall be entitled to collect In such proceeding all expenses of foreclosore, Including, bul not limited to, reasonable allorney's fees, and costs of documentary evidence, abstrads and tille reports. 19. Borrower's Right to Reinslate. Notwilhslanding Lender's acceleralion of the sums seellred by this Mortgage, Borrower shall have the right to have any proceedings heglln by Lender to ,enforce this Mortgage discontinued at any time 1'111':, '~'I .,~ .,").) ,. .... I"/'r . . .' , , prior 10 al leasl (lOe hour prior 10 the commencement of hidding al a shcrilT\ ~ilrC or olher sale pursuant 10 this Morrgagc if: (a) Borrower pays Lender all slims which would be then due under this MUrlgagc. tin: Note and nnlcs \ccuring Future Advances. if any. had no acceleratiun occurred; (h) lIorrnwcr cure, all hrc:u.:hc\ or any olher cnvcnanh or agreements of Borrower contained in this Morlg.ICe; (c) Burrower P"Y~ all rca~nnahlc expenses incurred h)' Lcnder in enforcing the covenants and agreements of Borrower contained in this Mongagc and in enforcing I.cndcr'~ rcrncl.lics as provided in paragraph 1M hereof. including. but nOl limited l~'. reasonable attorney's fees; lHltl (d) Borrower ta"-cs such action us Lender may reasonably require In assure that (he lien of this Mortgage, I.ender's inleresl in Ihe Property and Uorrowcr\ obligation 10 pay the sums see tired by Ihis Morlgage shall ennlintle tlnimpaired. Upnn 'tleh payment and etlre hy U(lIrOWer, Ihis Mortgage and the ohligations securell herehy shull remain in filII force and elrcel ;IS jf no ilcceleration had occurred. 20. Asslgnlllent of Rents; Appollltmcnl of Rccdnr; I.ender in IJo,!tc~\Joo. As addltiullal !rIectlrity hereunder. IhJrfUwer hereby assigns to I.ender the renh of the ProperlY, pfUvided lllill Borrower shall, prim III ,Icccleriltioll under paragraph 18 hereof or abandonment of the ProPCrlY. IliIve Ihe right 10 collcct allll rel:lill slIch rents U\ lhey hecllme dlle and payable. Upon acceleration under p,lnlgmllh IN hereof ur uhandolll11clll of Ihe ProperlY, I.ender, in person, by agent or by judicially appointed rcceiver, shall he entilled lO enlcr upun, lake Possc\siun of lInd mllnage Ihe Property and to collect the renls of Ihe Property including Ihosc pasl due, All rcnts f:ollected by I.cnder or Ihe receiver shall he i.lpplied first to payment of Ihe costs uf managemenl of Ihe Property and colleclion of renlS. ilH.:lullillg, hilt not limited 10, receiver's fees, premiums on receiver's bonds ilOd reasoll,lble attorncy's fees, and then 10 Ihe ~ums secured by IlIb Mortgage. Lender and the receiver shall be liable to account only for those rcnts actually received. 21. .'.uture Adunces. Upon request of Borrower. Lender, ;1( Lender's olllion prior 10 rcleasc of this Mortgage, may make Future Advances 10 Borrower. Such Future Advances, with interesl thereon, shall be secured hy this Morlgage when evidenced by promissory noles slaling thai said noles are secured herehy. At nu lime shall the principal amount of the indebledness secured by Ihis MOrlgage, not including snms advanced in aeeunlanee herewilh III prolect the security of this Mortgage, exceed Ihe original amount of the Note. 22, Release. Upon payment of all sums seenred by Ihis Murtgage, I.ender shall discharge lhis Morlgage, wilhoUI charge III Uorrower. Burrower shall pay all costs of reeordalion, if any. 23. Purchase Moncy Mortgage. If all or part of the sums secured by Ihis Mortgage arc lent 10 Borrower to acquire title to the Property, this Morlgage is hereby declared 10 be a purchase mane)' mortgage. IN WITNESS WUEREOF, Borrower has exeeuled this Mortgage. Witnesses: 1. (lOt " ,,' . . . . . . . . . . . .. .... /....): .'. .-'~.. . . . . . . . . . . . . . . . . . v ..~ti..{!L~~ , -Borrower . .~&,j(..f:'a&L f .'I)~J. ::,;;;.;.; COMMONWEALTU OF PENNSYLVANIA, . . . . . . . . . . . . . . . . Xq,I}. . . . . . . . . . . . . . '. .County ss: On this, the. .. .1,7.1; Q. .. .. day of. . . . . ..F.qq,'!\lH. . . . .. . . .. ., 19 .8.~ .. before me, . . . .. . . .. . . . .. . .. . . ii. ,N.q~'p;y. r~p.l.:I,<;.. . .the undersigned officer, personally appeared..... ... .... ........ ....... ....... . . . . . . . ./oM.l.W. 1'1." .N.QI,I,... ~IlP. J<..<\1;I!I,J;:J;;Il. ,r... .N.QI,I,. . . . . . . . . . . . . . . . . . . . . . . . known to me (or satisfactorily proven) to be the person!S. . . whose namel? . Hi'. . . . . .subscribed 10 Ibe wilhin instrument and acknowledged that . . .t.l1'ly. . . . . . . executed the same for Ihe purposes herein contained. IN WITNESS WUEREOF, I hereunlo set my hand and official seal. My Commission expires: June 9, 1984 ~ .. [1'-// .." ". . /j.[.'l,/,fl1:e.4.(, .;/;y.rt.ff1l2~!.?../..,..... .~\, . .): . . . . . . . . . . . . . . . . . . . . .N.o.~G r;y. flJP.1J.ci ';: ........... i:.:. Title of Officer ,-, f'\-\ ("", '-... I HI:!,I])',' CI.., ill:',' ii, ,I il,,, 1" ',' J! !J' ;'"' 01 llll;iness oi Illl' 111\11 i "1;"<1 ~I'lj 1""''<'" l.....'i...lIULl .~u inturm.i' 011 .1 lis I',IUJ L.,;-':C,:" "', 205 Pine Street, Ilarri~bi!i(g, j'UII!P'f"!'I!tI'l 1/,/'., ..;;Z t. ,"'t. ......- ~ ___.. .::....~__..,.....,...."'.,.=I.~..:J Attorney , ,. (Space Below This Line Reserved For Lender and Recorder) '.;.," "1 .,,;. I: oJ;- I ; ~ :'. ..~ ~) ',)1; :,'i.~.ll";\, .,'. ,l.I.(~ .!!a I' ~";l' 'l;I~.I'l;i'll. ,!( ~\'~~ t' ' . i,. ;. .,; flIt '.;t,li"itil '18(11! ~'.,(Jl.: 'y ""1', I;. 5?tf iI,,,'\ > . __' ~ r.~.: ?~./.: ;""IS~ ~ i?:rI. .. ,I,." ," '",..! lILli' bell, ,)rzttl.n. ""', (/ " _,',."\ /vK,\",:,~c L." _.~J o.t:;/';~"" <:$~ ' ,/?!,tt(:,AA,-. Y ~ - '-, ' ,:;6C:oroo' . I" I C'U .,;' I'"'' ,.., . ~ I'" ~ " I . ~ '.\r~' . NOTE , s ~ 32, 500...qq.. .... .... .,.. ,. , . New. (:~mb~~land . . , . . .. "01l1l5)'I\'ania City . . . . F!".b.r.'1'!,Y. P. . . . , . .. , ... 19 .~~ . fOR V ALCE RECEIVED. Ih,- ulI"e"igll,'d ("Borrower", promisclsJ '" na\'. . . . . . . . . Tt;t~.f!~~~I~.~~~lfI.~~ ,A,S,S,qql!,!!C?N., ~J~ ~J.a.r~i~l!~rF: !).a~!,~li.n. ~'~lt.lJ!t:\': !J~'I.l~~.\:I~'I!~i~l: ~I .1~c.n.I1~~'I.\':I~~;~ ~:~llYll!~I~lf!~. or order. the principii! sum of . .T.~~r:~:f:-:r~? :r:~~l!~~!1~. .~~'!~. H~!1~.r:e;d . '!-'!? N.o/.~qO. ~$3?,500: O~> .-.-.-:-:~~:-:-:-:-.-,-:~~:-:-. Dollars. with illtefeSl on the unpaid principal balanoe fromth,' dale of lhis 1\01,.. ulllil paid. althe rate of. . :r.h.:i,r:t~~I).. ......., \13%) I' 'r""11II"r "lllllllll l'rill"'IP'11 allll,"11 'r""1 Sll'lll b - p',\",bl . "t ~Nll & PINE RTHEETS. ....... ............... l,;...... \,;. . .... l .....' .. \,; '.' L II ...................... .I.I~I~rl~lJ.ur~.. ,l~II!l~~.\:lyl.lI~i.n. f.7.I~I~ '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " or sueh oth~r place a~ [he NOll' holtkr may .lcsignate. in conscculi\'c monthly installnlenlS of.. r\1!,!".e. .I!,-!I)d!,!,,~. .F:~~~Y-:-!l;i.n.e. .'!I)c!. ?~l.l.QQ"777~~:-.-.-.-:-:7. . :-.-.-:-:"7"7-:--:-:-:-.-.-:-:-:~-:-:-~:-.-.-.-:-:-:Dolla" (US s. ~?~" .5.2. . . . . . . . , . . . , , . . . . . . ). on th". . . . . .qJ;"s~. . . . . . . . . . . . . . . . ' . . . . dOl)' of each month be'ginning. ' , . . . , . , . ' . Ap,r.~~ . . , , ' . . , .. 19 .I?~.. Such monlhl)' inslallments ,hall cominu..: untillhc L'lltirc indl'llll.'dm.'ss ('\'idl..'nc~d hy this ~'O(...' is fLllly paid. except that any n:maining illlJ...'htl'd- n,'". if nl'i Slloner raid. shall be dlle and payable- on. . . . . Nil,r,c,l] ,:\-, . ;10;1,3, . . , . . . . . . . . . . . . . . . . . . .. U any monthly insl:IllmcI11 lIllth:r this ;\Ok' is not paid whl.'1l due and fl.'ll1uins unpaid aftl.'T a date spL'I,.'ifil".'u hy a notice tn BOTTom...r. Ihe entire priIH..'ipal amollnt outstanding and accru..:u illtl.'fl,.'st 1111.'1"(,'011 shall at OIH,.'C hl,.'i.:omc uuc and payable at the option of thl~ Note holder. Thl' date sr":cifkd shall not h.:- less than thirty days from thl..' dale such Ilolicl..' is maikd. Till' NOle holJl.'T may l'.\:L'rcisc this optioll to aCL'l'IL'rtl!l.' during Ull)' dcf::1lI1t by Borrowl..'r rcgardh.'ss of any prior iorbea",nce. If Sllil is brought to collcclthis Not". lhc I\ot,. holdcr shall b" Clllil1cd to collect all reasonablc L'll~ls and ...XpCIlSl.'S of suit. illcJuuing. bUI not limited to. r..:-ast)IHtble attorncy's fees. BOffl'll'cr shall pay to the NOle hnlder a laic charg,. of. , . . . , . . . . ? . . ' . . . . . . , . . . . . pcrcenl of any monthly inslallmen: not recei\'cd by the "'Ok' Iwlder wilhin. , . . . . . . , , . , . . . . ;1..5. . . . . . , . . days aflcr lhc installmenl is duc. Borrower rilaY prl')Jay the principal amount outstanuing in whoh..' or in parI. The Note holdt:r may r('quire that any partiat prepaymcnts (i) hI..' madt: 0/1 the date monlhly installmcnts arc du(,' and (ii) he in the amount of that part nf ono or more Illonthly installmenls which 1I'0uld bo applicable to principal. Any partial, prepayment shall bc applied against th..... principal amount out~tal1tJil1g and shull ll<1t postpOI1l2 thl.' due dnt(. of any subsequcnt monthly installmcnis or chungl2 the amount of slIch installmcnts. ul1les~ tilL' 1'\otc hold....r shall otherwise agree in writing. Presentment. noticL' of dishonor. and protest arc hereby waived by all makL'rs. sureties. guarantors and endorsers herl.'of. This Note shall be tile joint and !'e\'eral obligation of all l11ak~rs. sureties. cuarantors and endorsers. and shall ' - - h(,' binding upon thL~1ll and their SU<':('l.'ssor~ and assigns. Any notice to BorrO\\'l.'r provided for in this NOlL' shall be gi\'cll by mailing such notice by certified mailaddn:sscd to Borrow....f at the Property Address statl..'d helow. 01' to such olher address as Borrower may designate by' n~nice to th~ NOll.' holder, Any notice 10 the Notc 110kkr shall be gi\'cn by mailing !'uch notice hy certified mail. return receipt rcquested. to the Note holder at the addr,'ss stated in Ih" first paragraph of this NOlc. or at such other addrcss as may ha\\.' bCl.'n designatL'd bv notice 10 Borrow!.:.'!". _ Thc indcbtcdness ~\'idenced bl' this )';ole is secur,'d b\' a Mortcacc. daled.. f.e.b.J;'1/;,Y. ;1..7.,. )'~l;lJ. ...... ,.. .. . . . . . . .. . . .... . . . " anu ;'('f~rcn('(' iSI,ladc to thl..:J\lorl!:!a!.!~ tor ri!:!hts as 10 acceleration ofthL' indebh:'-dness - - - I..'\'idencl.'u by this Note. ~ // r I ---../'. .. , '-t _ !...~__. __ -"!.-- ......'...... .... 7"0).. ..~..... ...... .. .. .. .... . 435 Market Street, New Cumberland Cumberland County, Pennsylvania ..~~~~~.. ,,'. :,.q{/;t.~c;*" .>=/. .dj...{/.,... " ' KATHLEEN J. NOLLV ' ..... .... .............. ........... .., ....... rl'Or~rly :\ddrc.... .....,..,..... '" .... ,...,............. ..... EXHIBIT I /3 fErc('/al' Original 01l1y) .. PENNSYLVAN:A~J to 4 Family-6, 75-FNMA/FNlMC UNIFORM INSTRUMENT [," ...,.., I iUHARRIS'. n SAVINGS BANK :!:lr. North Second Street I! U. Bnx 1711 ""rrishl\[~,I""II,yll'""i,, 1711)5.1711 717/~:lli.,IIJ,i I ivlarch 25, 1998 COVER LE7TER FOR NOTICE OF INTENTION TO FORECLOSE MORTGAGE lvlark W Noll ./35 ,'vlarket Street New Cumberland, PA 17070 Dear lvlortgagor: Enclosed herewith is the Notice of Intent of Foreclosure as required by Act 6. You have previously receivecl a Notice under Act 91 0/1983 which set out certain rights and remedies available to you as a mortgagor in clefillllt. The enclosed Act 6 Notice of Intention to Foreclose gives you notice of certain additional remedies which are independent o/any remedies and rights you have under Act 91. The total of your rights inclucles both your rights. Very fruly yours, Denise Reitzi Collection Counselor DR/1m Enclosure: EXHIBIT J ~ ""-"'."".".' We lIIay also slle YOII personally for the IInpaid principal balance ami all other slims dlle IeI' the lIIort):age. ,i l: 'I ~.d " i ., If YOlllli/l'e not cllredthe defillllt within the thirty day period IIIlil forec!o.I'lIre proceedings 'e beglln, YOII still haVl! the right to cllre the c/efilllltand preven/ the sale at any lime lip to one . /r,bcjiJre the sheriJJ'.v fiJrec!o.wre sale. Yall may c/o .1'0 by paying the wlalamoun/of/he IInpaid Jlihly payments pillS any late or other charges then dlle, as the reasonable al/orney's fees ami 'ts connected with the foreclosllre sale (and perform any other requirements under the rtgage). It is estimated that the earliest date that such a sheriflv sale could be held wOllld be roximately September 2, /998. A notice of the date of the sherifPl' sale will be sen/ to YOII , riJre the sale. Of COllrse, the all/ollntneeded to cure the default will increase the longer you wail. ,," may find (Jilt at any time exactly what the reqllired payment will be by calling us at the yowing number: 232-666/ ext. 6240 or /-800-554-4572 ext. 6240. This payment must be in , ISfl. CASI1IER'S CHECK, CERTIFIED CHECK OR MONEY ORDER and made payable to us ~Ie address stated above. You should realize that a sherif)'s sale will end your ownership of the mortgaged property your right to remain in it. If you continue to live in the property after the sheriJJ's sale, a Io'suil could be started to evict you. You have additional rights to help protect YOllr interest in the property. YOU HA VE THE GHT TO SELL 11-/E PROPERTY TO OBTAIN /vfONEY TO PA Y OFF THE lv/ORTGAGE DEBT, ~ TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS rBT. (YOU J'v/;IY HAVE THE RIGHT TO SELL OR TRANSFER TIlE PROPERTY SUBJECT , ~ THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE I WT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND frORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE fHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED): CONTACT US TO ~TERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE TE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR , rHALF. I ,I If you cure the default, the mortgage will be restored to the same position as if no default ld occurred. However, you are not entitled to this right to cure your default more than three I ' !es in any calendar year. I Sincerely yours, Lisa Marsh Collection Supervisor , ' We may also slIe YOII persollally for the IIl1paid prillcipal halance and all other SIll/IS dlle , .i;. ..1. lindeI' the mortgage. If)'oll have not cllr"" the defallltwithillthe thirty day perilld andforeclosllre proceedings h(1\'/: beglln. YOII still have the right to cllre the defalllt alld prewntthe sale at any time lip to one hOllr bejill'e the sheriIJ~\'fiJreclosllre .mle. YOllmay do so by pa)'illg the total aT/lOIIIII of the IInpaid mOll/hly payments pillS (my late or other charges then dlle, as the reasonable attorney's fees and costs connected with the jiJreclosllre sale (and perfimn allY other requiremellls lindeI' the mortgage). It is estimlltedthat the earliest date that such a sheriIJ~\' sale cOllld be held wOllld be approximately September 2, 1998. A no/ice of the date of the sheriffr sale will be sent to YOII befiJre the sale. Of COllrse, the amollnt needed to cure the defalllt will increase the longer YOII wait. YOII may find out at any tillle exactly what the required paymelll will be by calling 11.1' at the fiJI/owing lIulllher: 232.6661 ext. 6240 or 1-800-554-4572 ext. 6240. This payment must he in CASII. CASII/ER'S CHECK. CERTIFIED CHECK OR MONEY ORDER and made payable to liS at the address stated above. YOII shollld realize that a sheriIJ's sale will end your ownership of the mortgaged property and yo III' right to remain in it. If you continlle to live in the property after the sherifJ's sale, a lawsuit cOllld be started to evict YOII. You have additional rights to help protect your interest in the property. YOU HA VE THE RIGliT TO SELL THE l'ROl'ERTY TO OBTAIN MONEY TO l' A Y OFF THE MORTGAGE DEBT. OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU J'vfA Y HA VE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE J!;fORTGAGE 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 TIlE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES TmS RIG}IT MIGHT EXIST. YOU HAVE THE RIGIiT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. /fyou cure the defalllt. the mortgage will be restored to the same position as ifno defalllt had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely yours, Lisa Marsh Collection SlIpervisor LM/lm I I , I I " "0 ~ o :a ~ - :tlf clJ j: ~ ~E~'~ ~~~.f -'I w " ~ w Ul ~ l/) o 0.. l/) ~ 0- Ul o ~ z :l . )( o .c l/) :2 - .5 OJ "8 () a- N 'C c: C1l vi l/) ~ 'C 'C C1l ai E C1l c: ~ ::l ~ E 'C: a- . U? ~Cf'J ~ zl- r-- Ci5UJ.,- UJ"-<:t ent:::r--c... WI-..- zen><0 :;;uJOa: <:t~co::::> en c... . 0:, eno.1l2~ 20 a: ::l:z c:: <."" < :f :t: I i I : I I ',".r:" r .' i .. i ! " C: a.. w o z a ;::: o ~ -l 8 ~ ~~ ~~ ~~ ~~ m ~ - - " .. <. (,!:C'.-:o " r t- t lL:.),,;:.... ~.-~ c: u.. ,: J..' i \- ~ ff F ". #, J ......;.' , ',: .:' f..,: :r ~ I If. ,~ :r : i-..' " '~i <0 ru c- -" ru rr1 Lrl .-'l co N ~ o ~ ~.... ,,~ ~.~ "'fij "'" > u c- !i3o~ o ~ c cU') ~ 'C;.c~ ::;;1:: . ~~ U').Q ~ ~.~ :I: '0 Z ~ co "",::E;:: ~ l/') C) ~~Z :'-""'.-:')""'"., I" ., N lw w L' U._ =0 O;z C o.:Z 5 E_-o_ r;:~C:Q) 2:-NO:: ," 0,' , ~:.~I C:\".):':::I, -,. " 0:.;" 'hi"'" . cr.)' -::. UJ' " 0:.,'...:<,." I , You may be eligible for financial assistance tltat will pre veil/ foreclosure on your mortgage if you comply witlt tlte provisions of tlte lIomeowners' Emergency Mortgage Assistance Act of 1983 (tile ",\ct"). You IfIllY be eligible for emergency temporary assistancc if your defaull Itas bcen caused by circumstllllces bcyond your control, you IIavc a reasonablc prospect of resuming your mortgagc payments, and if you mcct othcr cligibility requirements establislted by tlte Penllsylvania Housilfg Finance Agcncy. {,lcase read all of tllis Noticc, It contains an explanatioll of your rigltts. Under tlte Act, you are elllitlcd to a temporary stay of foreclosure on your mortgage for thirty (30) days from tlte date of tllis Notice. During t/1at time you mllst arrangc and attcnd II "face-to-face" meeting witll a represclllative of tllis lender, or witll a dcsignllll!d consumer crcdit cOllnseling agency. The purpose of tllis mceting is to attempt to work (Jill a repaymclll plan, or to otllerwise settle your delinquency. 17lis meeting must occur inthc ncxt (30) days. If you at/end a face-to-face meeting with tllis lender, or witll a consumer credit counseling agency identified intllis notice, no fU/1her proceeding in mortgage foreclosure may take place for thirty (30) days after the date of tllis meeting. The namc, address and telephone number of our representative is: Denise Reitzi, CoUection Counselor Harris Savings Bank, Second and Pine Streets, P.O. Box /7U, Harrisburg, PA 17105 (7/7)-232-6661 ext, 6228 or /-800-554-4572, ext. 6228 TIle names and addresses of designatcd conSll/ner credit counseling agencies are shown on the auached sheet. It is only necessary to schedule one face-to-face meeting. You sllould advise tllis leruler il/llnediately of your intentions. Your mortgage is in deJault because you have failed to pay promptly installments oj principal and interest, as required, for a period oj at least sixty (60) days. The total amOUIll of the delinquency is $1,478.73. That sum includes the JoUowing, paymellls of $474.93 for January, February and Marcil 1998,' plus late charges totaling $53.94. Your mortgage is also in defaultfor thefoUowing reasons: None If you have tried arul are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assislance from the Homeowner's Emergency Mortgage Assislance Fund. In order to do this, you must fiU 011I, sign and file a completed Homeowner's Emergency Assislance Application with one of thc designated consumer credit counseling agencies listed on the attachment. All application Jor assistance may only be obtain cd from a consumer credit counseling agency. The cOllSumer credit counseling agency will assist you in filling out your applicarion and will submit your completed application 10 the Pennsylvania HOllsing Finance Agency. YOllr application I/l/Ist be filed or postmarked, within thirty (30) days of your face-to-face meeting. 1 i,-, '! lill I .: , , , ....V.~";7l''':~.~..... . You may be eligible for financial assistance tllat will prevent Joreclosure on your mortgage if you comply witlt tlte provisions of tlte l/omeowners' Emergency Mortgage Assistance Act of 1983 (tlte "Act"). You may be eligible for emergency temporary assistance if your deJault Itas beell caused by circulllstances beyond your control, you Itave a reasonable prospect oj resuming your mortgage paymellts, and if you meet otller eligibility requirements establislted by tlte Pellnsylvania Housing /<Ynance Agency. Please read all oj tltis Notice, It contaills an explanatioll oj your rigltts. Under the Act, you are emitled to a temporary stay oj Joreclosure 011 your mortgage for tltirty (30) days from tlte date of tllis Notice. Dllring tllat time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or witll a designated consumer credit counselillg agency. T7le purpose of tllis meeting is to attempt to work out a repayment plan, or to otlterwise settle your delillquency. Tltis meeting mllst occllr in the next (30) days. /fyou attend a face-to-face meeting with this lender, or witll a cOllSumer credit counseling agency identified in tllis notice, no fUrtller proceeding in mortgage foreclosure may take place for tllirty (30) days after tile date of this meeting. The name, address and telephone number of our representative is: Denise Reitzi, Collection Counselor Harris Savings Bank, Second and Pine Streets, P.O. Box 1711, Harrisburg, PA 17105 (717)-232-6661 ext. 6228 or 1-800-554-4572, ext. 6228 T7le names and addresses of designated consumer credit counseling agencies are sllown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intemiollS. Your mortgage is in default because YOII have failed to pay promptly installments of principal and imerest, as reqllired, for a period of at least sixty (60) days. T7ze total amoulll of the delinquency is $1,478.73. T7zat .111m includes the following, payments of $474.93 for January, February and March 1998; plus late charges totaling $53.94. Your mortgage is also in defallltfor the following reasons: None /f YOII have tried and are IInable to resolve this problem at or after YOllr face-to-face meeting, YOII have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. In order to do this, YOII must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of the designated consllmer credit cOllnseling agencies listed on the attachmelll. An application for assistance may only be obtained from a consllmer credit cOllnseling agency. The consllmer credit counseling agency will assist YOII in filling out YOllr application and will slIbmit YOllr completed application to the Pennsylvania Housing Finance Agency. YOllr applicalion must be filed or postmarked,within, thirty (30) days ofyollr face-to-face meeling.