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STANLEY S. TILGHMAN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. tJ{, 1.1>'--33 CwJ
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
VS.
CHARLES SITES and NICOLE
SITES
Defendants
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL
BE USED FOR THE PURPOSE OF COLLECTING TilE DEBT.
NOTICE
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must takA action wi~hin twenty (20) days after
the complaint and notice are cerved, by entering a written appearance personally
or by attorney and filing in writing with the court your defenses or objections
to the claims set forth against you. You are '~arned that if you fail to do so the
case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the complaint or for any
other claim or relief requested by the Plaintiff. YOU may lose money or property
or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland county Bar Association
2 Liberty Ave., carlisle, PA 17013
717-249-3166
Legal Services, Inc.
a Irvine Row, Carlisle, PA 17013
717-243-9400
AVISO
LE BAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE
CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE
USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA
DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU
ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA
DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUE~DE: SI USTED NO REPONDE A ESTA DEMAlmA, SE PUEDE
PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE
PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA
QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR
RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINEROr
PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
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STANLEY S. TILGHMAN
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
Plaintiff
NO.
vs.
CHARLES SITES and NICOLE
SITES
CIVIL ACTION - LAW
: IN MORTGAGE FORECLOSURE
Defendants
COM P L A I N T
1. plaintiff, stanley S. Tilghman, is an adult individual residing at
156 North Second street, stee1ton, Dauphin County, Pennsylvania 17113.
2. Defendant, Charles sites, is an adult individual whose last known
address is 14 North Second street, Cumberland county, wormleysburg,
Pennsylvania 17043. Defendant, Nicole sites, is an adult individual whose
last known address is 2227 North Second street, Apartment'4, Harrisburg,
Dauphin County, Pennsylvania 17110.
3. On or about April 26, 1995, the Defendant executed and delivered a
Mortgage Note in the sum of $39,500.00 payable to stanley S. Tilghman, which
Note is attached hereto and marked Exhibit "A".
4. contemporaneously with and at the time of the execution of the
aforesaid Mortgage Note, in order to secure payment of the same, Defendants
executed and delivered to Mortgagee, a certain real estate Mortgage which is
recorded in the Recorder of Deeds Office of the within county and Commonwealth
conveying to original Mortgagee the subject premises. said Mortgage is
recorded in the Office of the Recorder of Deeds of Dauphin county in Book
1250, page 1155. said Mortgage is incorporated herein by reference.
5. The land subject to the Mortgage is: 7 Johns Drive, Mechanicsburg,
Cumberland County, Pennsylvania, and is more particularly described in Exhibit
"B" attached hereto.
6. Defendants are the real owners of the land subject to the Mortgage.
7. The Mortgage is in default due to the fact that Mortgagor has failed
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to pay the installment due on March 1, 1997 and all subsequent installments
thereon, and the following amounts are due on the Mortgage:
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5 . (a) Unpaid principal balance $ 35,339.67
(b) Interest from 2/1/97 to 9/1/98
(based on contract rate of 9%) 5,035.98
(c) Late charges at $20.03
per month for 18 months 360.54
(d) Escrow Deficit -0-
(e) 5% Attorney's commission 1,766.96
$ 42,503.17*
*Together with interest at the per diem rate noted in (b) above after
september 1, 1998 and other charges and costs to date of Sheriff's Sale.
The attorney's fees set forth above are in conformity with the Mortgage
documents and pennsylvania law, and will be collected in the event of a third
party purchaser at sheriff's
sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's
fees will be charged that are actually incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any jurisdiction.
9. Notice of Intention to Foreclose has been sent to Defendants by
certified Mail, as required by Act 6 of 1974 of the Commonwealth of
pennsylvania, on the date set forth in the true and correct copy of such
notice attached hereto as Exhibit "c".
10. Defendants are not members of the Armed Forces of the united states
of America, nor engaged in any way which would bring them within the soldiers
and Sailors Relief Act of 1940, as amended.
11. Plaintiff has complied with the procedures required by
pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance
Payments program) and defendant has either failed to meet the time limitations
as set forth therein or has been determined by the Housing Finance Agency not
to qualify for assistance.
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NOTE
April 26. ~
Lemoyne
Pennsylvania
7 Johns Drive, Mechanicsburg. pennsylvania 17055
(property Address)
1. BORROWER'S PROMISE TO PAY
In Return for a .loan that I have received, I promise to pay U.S.
$39,500.00. This amount is called ("principal") plus interest, to the
order of the Lender. The Lender is Stanley S. Tilghman.
2. INTEREST
Interest will be charged on unpaid principal until the full amount
of principal has been paid. I will pay interest at a yearly rate of 9%.
The interest rate required by this section is the rate I will pay
both before and after any default described in Section 5(B) of this Note.
3 . PAYMENTS ,
(A) Time and Place of Payments.
I will pay principal and interest by making payments every month.
I will make my monthly payments on the 1st day of each month
beginning on June 1. 1995. I will make these payments every month until I
have paid all of the principal and interest and any other charges
described below that I may owe under this Note. My monthly payments will
be applied to interest before principal. If, on May 1, 2005, I still.owe
amounts under this Note, I will pay those amounts in full on that date,
which is called the "maturity date" .
I will make my monthly payments at 166 N, Second Street, Steelton
Pennsylvania or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $400.64
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before
they are due. A payment of principal only is known as a '''prepayment''.
When I make a prepayment, I will tell the Note Holder in writing that I am
doing so.
I may make a full prepayment or partial prepayments in multiples
of U.S. $100.00 without paying any prepayment charge. The Note Holder
will use all of my prepayments to reduce the amount of principal that I
owe under this Note. If I make a partial prepayment. there wil.l be no
changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
5. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly
payment by the end of 15 calendar days after the date it is due, I will.
pay a late charge to the Note Holder. The amount of the.ch~rge will be
.5% of my overdue payment of principal and interest. I wi~lp~~ this late
charge promptly but only once on each late payment.
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(B) Default
If I do not pay the full amount of each monthly payment on the
date it is due, I will be in default.
(C) No Waiver By Note Holder
Even if, at a time when I am in default. the Note Holder does not
require me to pay immediately in full as described above, the Note Holder
will still have the right to do so if I am in default at a later time.
(D) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as
described above, the Note Holder will have the right to be paid back by me
for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. those expenses include, for example,
reasonable attorneys' fees.
6. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note. each person is fully and
perso~ally obligated to keep all of the promises made in this Note,
including the promise to pay the full amount owed. Any person who is a
guarantor, surety or endorser of this Note is also obligated to do these
thlngs. Any person who takes over these obligations, including bile
obligations of a guarantor, surety or endorser of this Note, is also
obligated to keep all of the promises made in this Note. The Note Holder
may enforce its rights under this Note against each person individually,or
against all of us together. This means that anyone of us may be required
to pay all of the amounts owed under this Note.
7 . WAIVERS
I and any other person who has obligations under this Note wa~ve
the rights of presentment and notice of dishonor. "Presentment" means the
right to require the Note Holder to demand payment of amounts due.
"Notice of dishonor" means the right to require the Note Holder to give
notice to other persons that amounts due have not been paid.
WITNESS THE HAND(s) OF THE
UNDERSIGNED.~ V~
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Charles Sites
(SEAL)
Borrower
?'J/d' /f~~
Ni601e Siteai'
/
(SEAL)
Borrower
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3.
All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
~,
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter , it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the 1st day of next
month, plus an additional late charge if due at time of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid ,more than fifteen
( 15) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY-FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178.
6. AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charge,s, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. :::':::~
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3. All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second Street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the 1st day of next
month, plus an additional late charge if due at time of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid more than fifteen
(15) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY-FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178.
6.
AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you. have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire. amount due at the time, which
shall include all delinquent installments and unpaid late
charges, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. ",."
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3. All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second Street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the 1st day of next
month, plus an additional late charge if due at ti~e of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid more than fifteen
( 15) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY~FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178.
6. AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charges, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
p, Haller, Esquire, at (717) 234-4178. . "7
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STANLEY S. TILGHMAN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
Plaintiff
VS.
CHARLES SITES and NICOLE
SITES
NO. 9t -1./5'33
t~,,1
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
Defendants
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL
BE USEO FOR THE PURPOSE OF COLLECTING THE DEBT.
NOT ICE
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after
the complaint and notice are served, by entering a written appearance personally
or by attorney and filing in writing with the court your defenses or objections
to the claims set forth against you. You are warned that if you fail to do so the
case may proceed without you and a judgment may bs entered against you by the
Court without further notice for any money claimed in the complaint or for any
other claim or relief requested by the plaintiff. YcU may lose money or property
or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland Count" Bar Association
2 Liberty Ave., carlisle, PA 17013
717-249-3166
Legal Services, Inc.
a Irvine RoW, Carlisle, PA 17013
717-243-9400
A V ISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE
CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE
USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA
DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU
ABOGADO, REGISTRE CON LA CORTE EN FO~~ ESCRITA, EL Pu}lTO DE VISTA
DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE
PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE
PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA
QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR
RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA P~RDER DINERO,'
PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
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STANLEY S. TILGHMAN
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO.
vs.
CHARLES SITES and NICOLE
SITES
Defendants
: CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
COM P L A I N T
1. plaintiff, stanley S. Tilghman, is an adult individual residing at
165 North Second street, steelton, Dauphin County, Pennsylvania 17113.
2. Defendant, Charles sitee, is an adult individual whose last known
address is 14 North Second street, Cumberland county, Wormleysburg,
Pennsylvania 17043. Defendant, Nicole sites, is an adult individual whose
last known address is 2227 North Second street, Apartment 4, Harrisburg,
Dauphin County, Pennsylvania 17110.
3. On or about April 26, 1995, the Defendant executed and delivered a
Mortgage Note in the sum of $39,500.00 payable to stanley S. Tilghman, which
Note is attached hereto and marked Exhibit "A".
4. contemporaneously with and at the time of the execution of the
aforesaid Mortgage Note,' in order to secure payment of the same, Defendants
executed and delivered to Mortgagee, a certain real estate Mortgage which is
recorded in the Recorder of Deeds Office of the within County and Commonwealth
conveying to original Mortgagee the subject premises. said Mortgage is
recorded in the Office of the Recorder of Deeds of Dauphin County in Book
1250, page 1165. said Mortgage is incorporated herein by reference.
5. The land subject to the Mortgage is: 7 Johns Drive, Mechanicsburg,
Cumberland County, Pennsylvania, and is more particularly described in Exhibit
liB" attached hereto.
6. Defendants are the real owners of the land subject to the Mortgage.
7. The Mortgage is in default due to the fact that Mortgagor has failed
". .- .'.-r
to pay the installment due on March 1, 1997 and all subsequent installments
thereon, and the following amounts are due on the Mortgage:
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6. (a) unpaid principal ba1anco $ 35,339.67
(b) Interest from 2/1/97 to 9/1/98
(based on contract rate of 9%) 5,035.9B
(c) Late charges at $20.03
per month for 1B months 360.54
(d) Escrow Deficit -0-
(e) 5% Attorney's commission 1,766.9B
$ 42,503.17*
*Together with interest at the per diem rate noted in (b) above after
september 1, 1998 and other charges and costs to date of sheriff's Sale.
The attorney's fees set forth above are in conformity with the Mortgage
documents and pennsylvania law, and will be collected in the event of a third
party purchaser at sheriff's
Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's
fees will be charged that are actually incurred by Plaintiff.
B. No judgment has been entered upon said Mortgage in any jurisdiction.
9. Notice of Intention to Foreclose has been sent to Defendants by ,
certified Mail, as required by Act 6 of 1974 of the commonwealth of
Pennsylvania, on the date set forth in the true and correct copy of such
notice attached hereto as Exhibit "C".
10. Defendants are not members of the Armed Forces of the united states
of America, nor engaged in any way which would bring them within the 'soldiers
and sailors Relief Act of 1940, as ~~ended.
11. Plaintiff has Complied with the procedures required by
Pennsylvania Act 91 of 19B3 (HomeoWners' Emergency Mortgage Assistance
Payments Program) and defendant has either failed to meet the time limitations
as set forth therein or has been determined by the Housing Finance Agency ~ot
to qualify for assistance.
~ ....or
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NOTE
April 26, ~
L.emoyne
Pe n n sY.l:l.a.nia
7 Johns Drive. MechanicBbu~ennsy-Ivania 17055
(Property Address)
1. BORROWER'S PROMISE TO PAY
In Return for a .loan that I have received, I promise to pay U. S.
$39,500.00. This amount is called ("principal") plus interest, to the
order of the Lender. The Lender is Stanley S. Tilghman.
2 . INTEREST
Interest will be charged on unpaid principal until the full amount
of. principal has been paid. I will pay interest at a yearly rate of 9%.
The interest rate required by this section is the rate I will pay
both before and after any default described in Section 5(B) of this Note.
3. PAYMENTS ,
(A) Time and Place of Payments.
I will pay principal and interest by making payments every month.
I will make my monthly payments on the 1st day of each month
beginning on June 1, 1995. I will make these payments every month until I
have paid all of the principal and interest and any other charges
described below that I may owe under this Note. My monthly payments will
be applied to interest before principal. If, on May 1, 2005, I still.owe
amounts under this Note, I will pay those amounts in full on that date,
which is called the "maturity date".
I will make my monthly payments at 166 N. Second Street, Steelton
Pennsylvania or at a different place if required by the Note Holder,
(B) Amount of Monthly Payments
My monthly payment wi.ll be in the amount of U. S. $400,64
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before
they are due. A payment of principal only is known as a "prepayment".
When I make a prepayment, I will tell the Note Holder in writing that I am
doing so.
I may make a full prepayment or partial prepayments in multiples
of U.S. $100.00 without paying any prepayment charge. The Note Holder
will use all of my prepayments to reduce the amount of principal that I.
owe under this Note. If I make a partial prepayment, there will be no
changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
5 . BORROWER I S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly
payment by the end of 15 calendar days after the date it is due, I will.
pay a late charge to the Note Holder. The amount of. the ..cha'r'ge will be
,5%- of my overdue payment of principal and interest. I wi"ll' p~Y this late
charge promptly but only once on each late payment.
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(B) Default
If I do not pay the full amount
date it is due, I will be in default.
(C) No Waiver By Note Holder
Even if. at a time when I am in default, the Note Holder does not
require me to pay immediately in full as described above, the Note Holder
will still have the right to do so if I am in default at a later time.
(D) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as
described above, the Note Holder will have the right to be paid back by me
for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. those expenses include, for example,
reasonable attorneys' fees.
6. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and
personally obligated to keep all of the promises made in this Note,'
including the promise to pay the full amount owed, Any person who is a
guarantor, surety or endorser of this Note is also obligated to do these
things. Any person who takes over these obligations, including the
obligations of a guarantor, surety or endorser of this Note, is also
obligated to keep all of the promises made in this Note. The Note Holder
may enforce its rights under this Note against each person individually or
against all of us together. This means that anyone of us may be required
to pay all of the amounts owed under this Note.
7 , WAIVERS
I and any other person who has obligations under this Note wa~ve.
the rights of presentment and notice of dishonor. "Presentment" mearls the
right to require the Note Holder to demand payment of amounts due,
"Notice of dishonor",means the right to require the Note Holder to give
notice to other persons that amounts due have not been paid,
WITNESS THE HAND(s) OF THE
UNDERSIGNED'\l ~~
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Charles Sites
(SEAL)
Borrower
-?7/oJrf' /tdE
Nicole Sites"
/
(SEAL)
Borrower
...
...
, .-:
.',
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
LOAN BALANCE UNDER SECTION 403
OF PENNSYLVANIA ACT NO. 6 OF 1974
CERTIFIED MAIL
DATE:
April 3, 199B
RE: MORTGAGE DATED: April 26, 1995
TO: CHARLES SITES
14 NORTH SECOND STREET
WORMLEYSBURG, PA 17043
CHARLES SITES
POST OFFICE BOX 15514
HARRISBUR.G, PA, 17105
'This firm is a debt collector attempting to collect a debt.
This notice is sent to you in an attempt to collect the
indebtedness referred to in the foregoing paragl:aphs and any
information obtained from you will be used for that purpose. You
may dispute the validity of the debt or any portion thereof. If you
do so in writing within thirty (30) days of receipt of this letter,
this firm will obtain and provide you with written verification
thereof; otherwise, the debt will be assumed to be valid. Likewise,
you , may request the name and address of the original creditor if
different from above.
Premises: 7 John's Drive
Mechanicsburg, PA 17055
NICOLE SITES
APARTMENT 114
2227 NORTH SECOND STREET
HARRISBURG, PA 17110
1. STANLEY SCOTT TILGHMAN, is the holder of a Mortgage
and a Note on the above premises.
2. As of the date of this notice, THE MORTGAGE IS IN DEFAULT
STATUS because of nonpayment of the following:
Payments due from March, 1997 through April, 199B
fourteen (14) payment at $400.64 = $ 5,60B.96
thirteen (13) late charges. at $20.03 = $ 260.39
-------------------------------------------------------------
TOTAL = $ 5,B69.35
The total amount now required to cure the defa~lt.on in
other words get caught up in your payments is $~,B69~35.
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3.
All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
S~ANLEY SCOT~ TILGHMAN, and must be RECEIVED at 166 North
Second Street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
"
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the 1st day of next
month, plus an additional late charge if due at time of
payment and not included above. A LA~E CHARGE of $20.03
is due with each mortgage payment paid.more than fifteen
( 15) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY-FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178.
6.
AFTER FORECLOSURE PROCEEDINGS HAVE BEEN S'rARTED, you have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charge.s, together with REASONABLE LEGA.L FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. ~ ::::~
'.
'.
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3. All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCOTT TILGIlMAN, and must be RECEIVED at 166 North
Second Street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the int:ention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the 1st day of next
month, plus an additional late charge if due at time of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid more than fifteen
, (15) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY-FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178'.
6.
AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charges, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. .. ,.-.~
". ....-'''-r
'.
'.
"
3. All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second Street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the lst day of next
month, plus an additional late charge if due at ti~e of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid more than fifteen
( 15) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY~FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178.
6. AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charges" together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. : u::;
"
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STANLEY S. TILGHMAN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.
cJ{ - l./ 5'3 .3
c~,;)
VS.
CHARLES SITES and NICOLE
SITES
.
.
Defendants
: CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTE~WTING TO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL
BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
NOTICE
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after
the Complaint and notice are served, by entering a written appearance personally
or by attorney and filing in writing with the court your defenses or objections
to the claims set forth against you. You are warned that if you fail to do so the
case may procoed without you and a jud~nent may be entered against you by the
Court without furChal.o noticl!. for an!' monay c.laim~d i.n the Complaint or for any
other claim or ralief r.egueot"d by the Plaintiff. You may lose money or property
or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Ave., Carlisle, PA 17013
717-249-3166
Legal services, Inc.
a Irvine Row, Carlisle, PA 17013
717-243-9400
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE
CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE
USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA
DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU
ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA
DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE
PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE
PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA
QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR
RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO,
PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
:V' "1
STANLEY S. TILGHMAN
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.
VB.
CHARLES SITES and NICOLE
SITES
CIVIL ACTION - LAW
: IN MORTGAGE FORECLOSURE
Defendants
COM P L A I N T
1. Plaintiff, stanley s. Tilghman, is an adult individual residing at
166 North Second street, steelton, Dauphin County, Pennsylvania 17113.
2. Defendant, charles sites, is an adult individual whose last known
address is 14 North Second street, cumberland County, Wormleysburg,
Pennsylvania 17043. Defendant, Nicole sites, is an adult individual whose
last known address is 2227 North Second street, Apartment 4, Harrisburg,
Dauphin County, Pennsylvania 17110.
3. On or about April 26, 1995, the Defendant executed and delivered a
Mortgage Note in the sum of $39,500.00 payable to stanley s. Tilghman,'which
Note i.s attached hereto and marked Exhibit "A".
4. Contemporaneously with and at the time of the execution of the
aforesaid Mortgage Note, in order to secure payment of the same, Defendants
executed and delivered to Mortgagee, a certain real estate Mortgage which is
recorded in the Recorder of Deeds Office of the within county and Commonwealth
conveying to original Mortgagee the subject premises. said Mortgage is
recorded in the Office of the Recorder of Deeds of Dauphin County in Book
1260, page 1165. said Mortgage is incorporated herein by reference.
5. The land subject to the Mortgage is: 7 Johns Drive, Mechanicsburg,
Cumberland County, Pennsylvania, and is more particularly described in Exhibit
"B" attached hereto.
6. Defendants are the real owners of the land subject to the Mortgage.
7. The Mortgage is in default due to the fact that Mortgagor has failed
,.. . ....-r
to pay the installment due on March 1, 1997 and all subsequent installments
thereon, and the following amounts are due on the Mortgage:
<, "
,;
.'
6. (a) unpaid principal balance $ 35,339.67
(b) Interest from 2/1/97 to 9/1/98
(based on contract rate of 9%) 5,035.98
(C) Late charges at $20.03
per month for 18 months 360.54
(d) Escrow Deficit -0-
(e) 5% Attorney's commission 1,766.98
$ 42,503.17*
*Together with interest at the per diem rate noted in (b) above after
september 1, 1998 and other charges and costs to date of sheriff's sale.
The attorney's fees set forth above are in conformity with the Mortgage
documents and Pennsylvania law, and wil.l be collected in the event of a third
party purchaser at sheriff's
sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's
fees will be charged that are actually incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any jurisdiction.
9. Notice of Intention to Foreclose has been sent to Defendants by
Certified Mail, as required by Act 6 of 1974 of the commonwealth of
Pennsylvania, on the date set forth in the true and correct copy of such
notice attached hereto as Exhibit "C".
10. Defendants are not members of the Armed Forces of the united states
of America, nor engaged in any way which would bring them within the soldiers
and sailors Relief Act of 1940, as amended.
11. Plaintiff has Complied with the procedures required by
Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance
Payments Program) and defendant has either failed to meet the time limitations
as set forth therein or has been determined by the Housing Finance Agency not
to qualify for assistance.
.~ .', ~ or
NOTE
April 26. 1995
Lemoyne
Pennsylvania
7 Johns Drive. Mechanicsbllrg. Pennsylvania 17055
(property Address)
1. BORROWER'S PROMISE TO PAY
In Return for a ,loan that I have received, I promise to pay U.S.
$39,500,00. This amount is called ("principal") plus interest, to the
order of the Lender. The Lender is Stanley S. Tilghman.
2, INTEREST
Interest will be charged on unpaid principal until the full amount
of principal has been paid. I will pay interest at a yearly rate of 9%.
The interest rate required by this section is the rate I will pay
both before and after any default described in Section 5(B) of this Note,
3. PAYMENTS '.
(A) Time and Place of Payments.
I will pay principal and interest by making payments eve~' month.
I will make my monthly payments on the 1st day of each month
beginning on June 1, 1995. I will make these payments every month until I
have paid all of the principal and interest and any other charges
described below that I,may owe under this Note. My monthly payments will
be applied to interest before principal. If, on May 1, 2005, I stil1.owe
amounts under this Note, I will pay those amounts in full on that date,
which is called the "maturity date".
I will make my monthly payments at 166 N. Second Street, Steelton
Pennsylvania or at a different place if 'required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $400.64
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before
they are due, A payment of principal only, is known as a "prepayment".
When I make a prepayment, I will tell the Note Holder in writing that I am
doing so.
I may make a full prepayment or partial prepayments in multiples
of U.S. $100.00 without paying any prepayment charge. The Note Holder
will use all of my prepayments to reduce the amount of principal that I
owe under this Note. If I make a partial prepayment, there will be no
changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
5. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly
payment by the end of 15 calendar days after the date it is due, I will,
pay a late charge to the Note Holder. The amount of the..charge will be
,5% of my overdue payment of principal and interest. I wi~lp~Y this late
charge promptly but only once on each late payment.
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",,~~~~:~:~}:~:~\:n~;~~~, . , ~M~~~!s\\~rj1%f~~t~\~~!!,;!!l\;' i',' ''<;',
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(13') 'Defauit
If I do not pay the full amount of each monthly payment on the
date it is due, I will be in default.
(e) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not
require me to pay immediately in full as described above, the Note Holder
will still have the right to do so if I am in default at a later time.
(D) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as
described above, the Note Holder will have the right to be paid back by me
for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. those expenses include, for example,
reasonable attorneys' fees.
6. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and
personally obligated to keep all of the promises made in this Note,
including the promise to pay the full amount owed. Any person who is a
guarantor, surety or endorser of this Note is also obligated to do these
thIngs. Any person who takes over these obligations, including the
obligations of a guarantor, surety or endorser of this Note, is also
obligated to keep all of the promises made in this Note. The Note Holder
may enforce, its rights under this Note against each person individually or
agai~st all of us together. This means that anyone of us may be required
to pay all of the amounts owed under this Note,
7 . WAIVERS
I and any other person who has obligations under this Note wa~ve
the rights of presentment and notice of dishonor. "Presentment" mearls the
right to require the Note Holder to demand payment of amounts due. .
"Notice of dishonor" means the right to require the Note Holder to give
notice to other persons that amounts due have not been paid.
WITNESS THE HANn(s) OF THE
UNDERSIGNED.~ ~
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Charles Sites
(SEAL)
Borrower
-1//oirf' /tdJ
Ni601e Sites"
/
(SEAL)
Borrower
...
...
.' ~ ':
.,
,.
3.
All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCO~T TILGHMAN, and must be RECEIVED at 166 North
Second Street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
\,
~
"
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
( 35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the 1st day of next
month, plus an additional late charge if due at time of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid ,more than fifteen
( 15) days after the due date. Your cnrrent monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY-FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178.
6.
AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charge.s, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. : ':::~
f'
3. All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second Street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an add1tional monthly
installment if payment is made after the 1st day of next
month, plus an additional late charge if due at time of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid more than fiftee'n
(IS) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY-FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178'.
6.
AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (I) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charges, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the forecl.osure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. :::.:::
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3. All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
S!l'ANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second Street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the 1st day of next
month, plus an additional late charge if due at ti~e of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid more than fifteen
(IS) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY~FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178.
6. AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charges, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. :.:~';
STANLEY S. 'l'ILGIlMAN
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
plaintiff
NO. {jf. /15 33 /t~J
VB.
CHARLES SITES and NICOLE
SITES
: CIVIL ACTION - LAW
: IN MORTGAGE FORECLOSURE
Defendants
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL
BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
NOT ICE
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after
tho complaint and notice are served, by entering a written appearance personally
or by attorney and filing in writing with the court your defenses or objections
to the claims set forth against you. You are warned that if you fail to do so the
caDe may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any
other claim or relief requested by the plaintiff. You may lose money or property
or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
cumberland county Bar Association
2 Liberty Ave., carlisle, PA 17013
717-249-3166
Legal services, Inc.
a Irvine ROw, Carlisle, FA 17013
717-243-9400
A V ISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE
CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE
USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA
DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU
ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA
DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE
PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE
PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA
QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR
RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO,
PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
STANLEY S. TILGHMAN
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
Plaintiff
: NO.
vs.
CHARLES SITES and NICOLE
SITES
: CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
Defendants
COM P L A I N T
1. plaintiff, stanley s. Tilghman, is an adult individual residing at
166 North second street, steelton, Dauphin County, pennsylvania 17113.
2. Defendant, charles sites, is an adult individual whose last known
address is 14 North second street, cumberland county, wormleysburg,
Pennsylvania 17043. Defendant, Nicole sites, is an adult individual whose
last known address is 2227 North second street, Apartment 4, Harrisburg,
Dauphin County, pennsylvania 17110.
3. on or about April 26, 1995, the Defendant executed and delivered a
Mortgage Note in the sum of $39,500.00 payable to stanley s. Tilghman, which
Note is attached hereto and marked Exhibit "A".
4. contemporaneously with and at the time of the execution of the
aforesaid Mortgage Note, in order to secure payment of the same, Defendants
executed and delivered to Mortgagee, a certain real estate Mortgage which is
recorded in the Recorder of Deeds office of the within county and commonwealth
conveying to original Mortgagee the subject premises. said Mortgage is
recorded in the office of the Recorder of Deeds of Dauphin County in Book
1260, page 1165. said Mortgage is incorporated herein by reference.
5. The land subject to the Mortgage is: 7 Johns Drive, Mechanicsburg,
cumberland county, pennsylvania, and is more particularly described in E),hibit
liB" attached hereto.
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6. Defendants are the real owners of the land subject to the Mortgage.
7. The Mortgage is in default due to the fact that Mortgagor has failed
to pay the installment due on March 1, 1997 and all subsequent installments
thereon, and the following amounts are due on the Mortgage:
6. (al unpaid principal balanco $ 35,339.67
(b) Interest from 2/1/97 to 9/1/98
(based on contract rate of 9%) 5,035.98
(C) Late charges at $20.03
per month for 18 months 360.54
(d) Escrow Deficit -O-
le} 5% Attorney's commission 1,766.98
$ 42,503.17*
*Together with interest at the per diem rate noted in (b) above after
september 1, 1998 and other charges and costs to date of Sheriff's sale.
The attorney's fees set forth above are in conformity with the Mortgage
documents and Pennsylvania law, and will be collected in the event of a third
party purchaser at Sheriff's
sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's
fees will be charged that are actually incurred by plaintiff.
8. No judgment has been entered upon said Mortgage in any jurisdiction.
9. Notice of Intention to Foreclose has been sent to Defendants by
certified Mail, as required by Act 6 of 1974 of the Commonwealth of
Pennsylvania, on the date set forth in the true and correct copy of such
notice attached hereto as Exhibit "C".
10. Defendants are not members of the Armed Forces of the united states
of America, nor engaged in any way which would bring them within the soldiers
and Sailors Relief Act of 1940, as amended.
11. plaintiff has complied with the procedures required by
Pennsylvania Act 91 of 1983 (HOmeOWners' Emergency Mortgage Assistance
payments program) and defendant has either failed to meet the time limitations
as set forth therein or has been determined by the Housing Finance Agency not
to qualify for assistance.
"..~-_.-....
,
NOTE
Aoril 26. 1995
Lemoyne
Pennsylvania
7 Johns Drive. MechanicsbuxgJ-P~nnsvlvania 17055
(Property Address)
1. BORROWER'S PROMISE TO PAY
In Return for a loan that I have received, I promise to pay U.S.
$39,500.00. This amount is called ("principal") plus interest, to the
order of the Lender. The Lender is Stanley S. Tilghman.
2. INTEREST
Interest will be charged on unpaid principal until the full amount
0: principal has be8n paid. I will pay interest at a yearly rate of 9%.
The interest rate required by this section is the rate I will pay
both before and after any default described in Section 5(B) of this Note,
3. PAYMENTS ,
(A) Time and Place of Payments.
I will pay principal and interest by making payments every month.
I will make my monthly payments on the 1st day of each month
beginning on June 1, 1995. I will make these payments every month until I
have paid all of the principal and interest and any other charges
described below that I may owe under this Note. My monthly payments will
be applied to interest before principal. If, on May 1/ 2005, I stil1,owe
amounts under this Note, I will pay those amounts in full on that date,
which is called the "maturity date".
I will make my monthly payments at 166 N. Second Street, Steelton
Pennsylvania or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $400.64
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before
they are due. A payment of principal only is known as a "prepayment".
When I make a prepayment, I will tell the Note Holder in writing that I am
doing so.
I may make a full prepayment or partial prepayments in multiples
of U.S. $100.00 without paying any prepayment charge. The Note Holder
will use all of my prepayments to reduce the amo',mt of principal that I
owe under this Note. If I make a partial prepayment, there will be no
changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
5. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly
payment by the end of 15 calendar days after the date it is due, I will
pay a late charge to the Note Holder. The amount of the charge will be
,5% of my overdue payment of principal and interest. I wi~l p~y this late
charge promptly but only once on each late payment.
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(B) Default
If I do not pay the full amount of each monthly payment on the
date it is due, I will be in default,
(C) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not
require me to pay immediately in full as described above, the Note Holder
will still have the right to do so if I am in default at a later time.
(D) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as
described above, the Note Holder will have the right to be paid back by me
for. all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. those expenses include, for example,
reasonable attorneys' fees.
6. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and
personally obligated to keep all of the promises made in this Note,
including the promise to pay the full amount owed. Any person who is a
guarantor, surety or endorser of this Note is also obligated to do these
things. Any person who takes over these obligations, including the
obligations of a guarantor, surety or endorser of this Note, is also
obligated to keep all of the promises made in this Note. The Note Holder
may enforce its rights under this Note against each person individually or
against all of us together. This means that anyone of us may be required
to pay all of the amounts owed under this Note.
7, WAIVERS
I and any other person who has obligations under this Note wa~ve
the rights of presentment and notice of dishonor. "Presentment" means the
right to require the Note Holder to demand payment of amounts due.
"Notice of dishonor" means the right to require the Note Holder to give
notice to other persons that amounts due have not been paid.
WITNESS THE HAND(s) OF THE
UNDERSIGNED.~ . ~
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Charles Sites
(SEAL)
Borrower
-;'lI~' /td1
Ni60le SiteS'"
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(SEAL)
Borrower
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NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE
LOAN BALANCE UNDER SECTION 403
OF PENNSYLVANIA ACT NO. 6 OF 1974
CERTIFIED MAIL
DATE:
April 3, 1998
RE: MORTGAGE DATED: April 26, 1995
Premises: 7 John's Drive
Mechanicsburg, PA 17055
TO: CHARLES SITES
14 NORTH SECOND STREET
WORMLEYSBURG, PA 17043
NICOLE SITES
APARTMENT #4
2227 NORTH SECOND STREET
HARRISBURG, PA 17110
CHARLES SITES
POST OFFICE BOX 15514
H1UtRISBURG, PA,17105
'This firm is a debt collector attempting to collect a debt.
This notice is sent to you in an attempt to collect the
indebtedness referred to in the foregoing paragraphs and any
information obtained from you will be used for that purpose. You
may dispute the validity of the debt or any portion thereof. If you
do so in writing within thirty (30) days of receipt of this letter,
this firm will obtain and provide you with written verification
thereof; otherwise, the debt will be assumed to be valid. Likewise,
you may request the name and address of the original creditor if
different from above.
I . STANLEY SCOTT TILGHMAN, is the holder of a Mortgage
and a Note on the above premises.
2. As of the date of this notice, THE MORTGAGE IS IN DEFAULT
STATUS because of nonpayment of the following:
Payments due from March, 1997 through April, 1998
fourteen (14) payment at $400.64 = $ 5,608.96
thirteen (13) late charges at $20.03 = $ 260.39
-------------------------------------------------------------
TOTAL = $ 5,869.35
The total amount now required to cure the default or in
other words get caught up in your payments is $'5,869'; 35.
"
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3. All payments refer.red to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the 1st day of next
month, plus an additional late charge if due at time of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid more than fifteen
( 15) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY-FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178.
6. AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (I) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charges, together \qith REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. .. ...,
7-)~(::'~1:,,~:.,j(;;~i@~$~J,0,;,l~t,.~..,.,
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3. All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second Street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the 1st day of next
month, plus an additional late charge if due at time of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid more than fifteen
( 15) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY-FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $ 5 0 . 00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4l78.
6.
AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (I) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charges, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178.
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3. All payments referr.ed to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second Street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (al If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the 1st day of next
month, plus an additional late charge if due at time of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid mor.e than fifteen
(15) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY~FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178.
6.
AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charges, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178.
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STANLEY S. TILGHMAN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
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NO.
VS.
CHARLES SITES and NICOLE
SITES
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
Defendants
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL
BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
NOTICE
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after
the Complaint and notice are served, by entering a written appearance personally
or by attorney and filing in writing with the court your defenses or objections
to the claims set forth against you. You are warned that if you fail to do so the
case may proceed without you and a jUdgment may be entered against you by the
Court without further notice for any money claimed in the complaint or for any
other claim or relief requested by the Plaintiff. You may lose money or property
or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO ,NOT HAVE,A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH:BEUOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP. .". _.,
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Cumberland County Bar Association
2 Liberty Ave., Carlisle, PA 17013
717-249-3166
Legal services, Inc.
a Irvine ROW, Carlisle, PA
717-243-9400
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A V ISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE
CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE
USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA
DEMANDA Y AVISO. PAP"'. DEFENDEHSE ES NECESSARIO QUE USTED, 0 SU
ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA" EL PUNTO DE VISTA
DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE
PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE
PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA
QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR
RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO,
PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DE~mNDA A UN ABOGADO IMMEDIATAMENTE.
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
Jnd the.seat of said Cou at Carlisle, ~l
This day 0 ' 19
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STANLEY S. TILGHMAN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.
vs.
CHARLES SITES and NICOLE
SITES
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
Defendants
COM P L A I N T
1. plaintiff, Stanley S. Tilghman, is an adult individual residing at
166 North second street, steelton, Dauphin County, pennsylvania 17113.
2. Defendant, Charles sites, is an adult individual whose last known
address is 14 North second street, cumberland county, wormleysburg,
pennsylvania 17043. Defendant, Nicole sites, is an adult individual whose
last known address is 2227 North second street, Apartment 4, Harrisburg,
Dauphin county, pennsylvania 17110.
3. On or about April 26, 1995, the Defendant executed and delivered a
Mortgage Note in the sum of $39,500.00 payable to stanley s. Ttlghman, which
Note is attached hereto and marked Exhibit "AU.
4. contemporaneously with and at the time of the. execution of the
aforesaid Mortgage Note, in order to secure payment of the same, Defendants
executed and delivered to Mortgagee, a certain real estate Mortgage which is,
recorded in the Recorder of Deeds office of the within County and commonwealth
conveying to original Mortgagee the subject premises. said Mortgage is
recorded in the office of the Recorder of Deeds of Dauphin County in Book
1260, page 1165. said Mortgage is incorporated herein by reference.
5. The land subject to the Mortgage is: 7 Johns Drive, Mechanicsburg,
Cumberland County, Pennsylvania, and is more particularly described in Exhibit
"a" attached hereto.
6. Defendants are the real owners of the land subject to the Mortgage.
7. The Mortgage is in default due to the fact that Mortgagor has failed
". "."1'"
to pay the installment due on March 1, 1997 and all subsequent installments
thereon, and the following amounts are due on the Mortgage:
"-...-....-.--".-..--
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6. (a) Unpaid principal balance $ 35,339.67
(b) Interest from 2/1/97 to 911/98
(based on contract rate of 9%) 5,035.98
(c) Late charges at $20.03
per month for 18 months 360.54
(d) Escrow Deficit -0-
(e) 5% Attorney's commission 1,766.98
$ 42,503.17*
*Together with interest at the per diem rate noted in (b) above after
september 1, 1998 and other charges and costs to date of Sheriff's sale.
The attorney's fees set forth above are in conformity with the Mortgage
documents and pennsylvania law, and will be collected in the event of a third
party purchaser at sheriff's
sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's
fses will be charged that are actually incurred by plaintiff.
8. No judgment has been entered upon said Mortgag~ in any jurisdiction.
9. Notice of Intention to Foreclose has been sent to Defendants oy
Certified Mail, as required by Act 6 of 1974 of the commonwealth of
pennsylvania, on the date set forth in the true and correct copy of such
notice attached hereto as Exhibit "C".
10. Defendants are not members of the Armed Forces of the united states
of America, nor engaged in any way which would bring them within the soldiers
and sailors Relief Act of 1940, as amended.
11. plaintiff has complied with the procedures required by
pennsylvania Act 91 of 1983 (HOmeowners' Emergency Mortgage Assistance
Payments Program) and defendant has either failed to meet the time limitations
as set forth therein or has been determined by the Housing Finance Agency not
to qualify for assistance,
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NOTE
~oril 26, 1.ll5.
Lemoyne
Pennsylvania
7 Johns Drive. Mechanicsburq, Pennsylvania 17055
(Property Address)
1. BORROWER'S PROMISE TO PAY
In Return for a loan that I have received, I promise to pay U.S.
$39,500.00, This amount is called ("principal") plus interest, to the
order of the Lender. The Lender is Stanley S. Tilghman.
2 . INTEREST
Interest will be charged on unpaid principal until the full amount
0: principal has been paid. I will pay interest at a yearly rate of 9%"
The interest rate required by this section is the rate I will pay
both before and after any default described in Section S(B) of this Note,
3. PAYMENTS ,
(A) Time and Place of Payments.
I will pay principal and interest by making payments every month.
I will make my monthly payments on the 1st day of each month
beginning on June 1, 1995. I will make these payments every month until I
have paid all of the principal and interest and any other charges
described below that I may owe under this Note. My monthly payments will
be app!ied to interest before principal. If, on May 1, 2005, I stil1.owe
amounts under this Note, I will pay those amounts in full on that date,
which is called the "maturity date".
I will make my monthly payments at 166 N. Second Street, Stee1ton
Pennsylvania or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U,S. $400.64
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before
they are due. A payment of principal only is known as a "prepayment".
When I make a prepayment, I will tell the Note Holder ill writing that I am
doing so.
I may make a full prepayment or partial prepayments in multiples
of U.S. $100.00 without paying any prepayment charge. The Note Holder
will use all of my prepayments to reduce the amount of principal that I
owe under this Note. If I make a partial prepayment, there will be no '.
changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
5. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly
payment by the end of 15 calendar days after the date it is due, I will
pay a late charge to the Note Holder. The amount of the ..charge will be
,5% of my overdue payment of principal and interest. I wi~l p~y this late
charge promptly but only once on each late payment.
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(B) Default
If I do not pay the full amount of each monthly payment on the.
date it is due, I will be in default,
(C) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not
require me to pay immediately in full as described above, the Note Holder
will still have the right to do so if I am in default at a later time,
(D) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as
described above, the Note Holder will have the right to be paid back by me
for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. those expenses include, for example,
reasonable attorneys' fees.
6. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and
perso~ally obligated to keep all of the promises made in this Note,
inCluding the promise to pay the full amount owed. Any person who is a
guarantor, surety or endorser of this Note is also obligated to do these
thlngs.Any person who takes over these obligations, including the
obligations of a guarantor, surety or endorser of this Note, is also
obligated to keep all of the promises made in this Note.' The Note Holder
may enforce its rights under this Note against each person individually or
agairst all of us together. This means that anyone of us may be required
to pay all of the amounts owed under this Note.
7 . WAIVERS
I and any other person who has obligations under this Note wa~ve
the rights of presentment and notice of dishonor. "Presentment" means the
right to require the Note Holder to demand payment of amounts due. .
"Notice of dishonor" means the right to require the Note Holder to give
notice to other persons that amounts due have not been paid.
WITNESS THE HAND(s) OF THE
UNDERSIGNED.~ ~
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Charles Sites
(SEAL)
Borrower
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Ni60le SiteS"
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(SEAL)
Borrower
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3. All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second Street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the dat'~ of this lette=, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the 1st day of next
month, plus an additional late charge if due at time of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid more than fifteen
(IS) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY-FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $ 5 0 . 00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178.
6. AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying ,the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charges, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-,4178. ::. ..::
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3. All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second Street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN TP.IRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the 1st day of. next
month, plus an additional late charge if due at time of
payment and not included above. A LATE CHARGE of $20.03
is due with each reortgage payment paid more than fifteen
(IS) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY-FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which ?~ount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4l7&.
6.
AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charges, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. ::::
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"
3. All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second Street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the 1st day of next
month, plus an additional late charge if due at t~e of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage pa~nent paid more tha~ fifteen
( IS) days after the due date. Your current monthly
installment is $400.64. .
(b) If payment is made AFTER THIRTY~FlVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4l78.
6. AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charges, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. : ,..::
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STANLEY S. TILGHMAN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO,
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VS.
CHARLES SITES and NICOLE
SITES
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
Defendants
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL
BE USED FOR THE PURPOSE OF COLI,ECTING THE DEBT.
NOT ICE
YoU have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after
the Complaint and notice are served, by entering a written appearance personally
or by attorney and filing in writing with the court your defenses or objections
to the ,claims set forth against you. You are warned that if you fail to do so the
case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the complaint or for any
other claim or relief requested by the Plaintiff. YoU may lose money or property
or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO ~9T HAVE,~
LAWYER OR CANNOT APFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH: BEUOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP. _ "" ~;!
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Cumberland County Bar Association
2 Liberty Ave., Carlisle, PA 17013
717-249-3166
Legal Services, Inc.
a Irvine Row, Carlisle, PA
717-243-9400
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A V ISO
LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE
CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE
USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA
DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU
ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA" EL PUNTO DE VISTA
DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE
PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE
PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA
QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR
RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO,
PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMtlEDIATAMENTE.
TRUE COPY FROM RECORO
In Ts"iirnony wTlerenf, I here unto set my hand
ilnd the se?1 oi said emu at. Carlisle. ~~
This A.. day 0 19 ~
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6. (a) UnpaLu principal balanco $ 35,339.67
(b) Interest from 2/1/97 to 9/1/98
(based on contract rate of 9%) 5,035.98
(c) Late charges at $20.03
per month for 18 months 360.54
(d) Escrow Deficit -0-
(e) 5% Attorney's commission 1,766.98
$ 42,503.17*
*Together with interest at the per diem rate noted in (b) above after
september 1, 1998 and other charges and costs to date of sheriff's Sale.
The attorney's fees set forth above are in conformity with the Mortgage
documents and pennsylvania law, and will be collected in the event of a third
party purchaser at sheriff's
Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's
fees will be charged that are actually incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any jurisdiction.
9. Notice of Intention to Foreclose has been sent to Defendants by
Certified Mail, as required by Act 6 of 1974 of the commonwealth of
pennsylvania, on the date set forth in the true and correct copy of such
notice attached hereto as Exhibit "C".
10. Defendants are not members of the Armed Forces of the united states
of America, nor engaged in any way which would bring them within the soldiers
and sailors Relief Act of 1940, as amended.
11. Plaintiff has complied with the procedures required by
pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance
Payments Program) and defendant has either failed to meet the time limitations
as set forth therein or has been determined by the Housing Finance Agency not
to qualify for assistance.
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NOTE
~
Lemovne
pennsylvaniC\
7 Johns Drive. Mechanicsb~g. ppnnsy~vania l70SS
(Property Address)
1. BORROWER'S PROMISE TO PAY
In Return for a loan that I have received, I promise to pay U.S.
$39,500.00. This amount is called ("principal") plus interest, to the
order of the Lender. The Lender is Stanley S. Tilghman.
2 . INTEREST
Interest will be charged on unpaid principal until the full amount
of principal has been paid. I will pay interest at a yearly rate of 9%.
The interest rate required by this section is the rate I will pay
both before and after any default described in Section 5(B) of this Note.
3. PAYMENTS
(A) Time and Pla~e of Payments.
I will pay principal and interest by making payments every month.
I will make my monthly payments on the 1st day of each month
beginning on June 1, 1995. I will make these payments every month until I
have paid all of the principal and interest and any other charges
described below that I may owe under this Note. My monthly payments will
be app~ied to interest before principal. If, on May 1, 2005, I stil1,owe
amounts under this Note, I will pay those amounts in full on that date,
which is called the "maturity date". '
I will make my monthly payments at 166 N. Second Street, Steel ton
pennsylvania or at a different place if required by the Note Holder.
(B) Amount of Monthly payments
My monthly payment will be in the amount of U.S. $400.64
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before
they are due. A payment of principal only is known as a "prepayment".
When I make a prepayment, I will tell the Note Holder in writing that I am
doing 50.
I may make a full prepayment or partial prepayments in multiples
of U.S. $100.00 without paying any prepayment charge. The Note Holder
will use all of my prepayments to reduce the amO'.mt of principal that I
owe under this Note. If I make a partial prepayment. there will be no .
changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
5, BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue payments
If the Note Holder has not received the full amount of any monthly
payment by the end of 15 calendar days after the date it is due, I will
pay a late charge to the Note Holder. The amount of the..charge will be
5% of my overdue payment of principal and interest. I wi~lp~y this late
charge promptly but only once on each late payment.
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(B) Default
If I do not pay the full amount of
date it is due, I will be in default,
(C) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not
require me to pay immediately in full as described above, the Note Holder
will still have the right to do so if I am in default at a later time.
(D) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as
described above, the Note Holder will have the right to be paid back by me
for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. those expenses include, for example,
reasonable attorneys' fees.
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each monthly payment on the
6. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and
personally obligated to keep all of the promises made in this Note,
including the promise to pay the full amount owed. Any person who is a
guarantor, surety or endorser of this Note is also obligated to do these
things. ,Any person who takes over these obligations, including the
obligations of a guarantor, surety or endorser of this Note, is also
obligated to keep all of the promises made in this Note. The Note Holder
may enforce its rights under this Note against each person individually or
agai~st all of us together. This means that any one of us may be required
to pay all of the amounts owed under this Note.
7 . WAIVERS
I and any other person who has obligations under this Notewa~ve
the rights of presentment and notice of dishonor. "Presentment" means. the
right to require the Note Holder to demand payment of amounts due. .
"Notice of dishonor" means the right to require the Note Holder to give
notice to other persons that amounts due have not been paid.
WITNESS THE HAND (s) OF THE
UNDERSIGNED'\l ~
\\ ~ -'.,
l\\A ),.
Charles Sites
(SEAL)
Borrower
-/J~' /f:~
Ni60le Sites/
/
(SEAL)
Borrower '.
..
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, '.
','
."
3. All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
i.nstallment if payment is made after the 1st day of next
month, plus an additional late charge if due at time of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid ,more than fifteen
( IS) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY-FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178.
6.
AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charge,s, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. :: ::~
f'
3. All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second Street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the 1st day of'next
month, plus an additional late charge if due at time of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid more than fifteen
( 15 ) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY..FlVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $ 5 0 . 00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178.
6.
AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (I) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charges, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. : ,:::
'.
3. All payments referred to in this notice must be in the
form of a cashier's or certified check made payable to
STANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second Street, Steelton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment i.s made after the lst day of next
month, plus an additional late charge if due at ti~e of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid more than fifteen
( 15) days after the due date. Your current monthly
installment is $400.64. .
(b) If payment is made AFTER THIRTY~FlVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178.
6. AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charges, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. : ,.:;
7. Should you FAIL to reinstate the loan as outlined above,
the mortgage premises will be SOLD AT SHERIFF'S SALE,
which will take place approximately seven (7) to eleven
( 11) weeks follo~ring SERVICE of the Complaint in Mortgage
Foreclosure, at which time your OWNERSHIP interest in'
the mortgaged premises will be TERMINATED, and
thereafter, if occupied, proceedings will be taken to
OBTAIN POSSESSION of the real estate.
8. You have the right to REFINANCE THE LOAN with another
lending institution or TRANSFER THE PROPERTY to another
person, under and subject to the existing mortgage. That
person will have the SAME RIGHT TO CURE THE DEFAULT as
you have, subject to the same limitations and
requirements.
9. You may CURE DEFAULTS up to three (3) times in any
calendar year. Upon cure of a default you will be in the
same position as if there had heen NO DEFAULT. A default
may be cured by ANYONE on your behalf.
.'------....-.
PURCELL, KRUG & HALLER
Z 232 438 471
~s PoslaJ Se"';ee
eceipt for Certified Mail
o Insurance Coverage Provided.
Do nol use for InternatiOnal Mail S.. revets.
C foES SITES
Slteet & Nlun60i
P ST OFFICE BOX 15514
Post Otfice, State, ~ ZIP Code
By:
Leon P. Haller, Attorney
for Stanley Scott Tilghman
1719 North Front Street
Harrisburg, Pa. 17102
(717) 234-4178
H
I'osIago
CeItiliedFee
$
SpeciaJ DeflVOry Fee
Res1m:tod Oeivery Fee '
:ll
Cl Row.. Aoa;pt Showing 10
- \\1iom & Dale 0.,_
'afleUJnRece\ll5l1owi>gb\\llom,
"" Om, & Mctess.e', McIess
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:5 TOTAl POSlago & Fees
g Postmark or Cale
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4/3/98
STANLEY S. TILGHMAN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF,
VB.
NO. 98-4533-CIVIL
CHARLES SITES and
NICOLE SITES,
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
DEFENDANTS
ORDER FOR
investigation and effort to
Plaintiff, it is hereby
ORDERED that service of the Complaint be made by posting a copy of
the original Complaint on the most public part of the property
located at 7 Johns Drive, Mechanicsburg, PA 17055 and by forwarding a
copy of the Complaint by registered/certified mail and ordinary mail
(service to be completed by mailing), to Defendant Charles Sites at
his last known address located at 14 North Second Street,
Wormleysburg, PA 17043 and to Defendant Nicole Sites at her last
known address located at 239 North Street, Harrisburg, PA 17101 AND
FURTHER, that in the event this case should be reduced to judgment
and execution shall be issued, service upon the Defendants pursuant
to Rule 3129.2 (c) (1) (C) shall be effected by mailing copies of the
required notices to the Defendants at their last known address by
registered/certified mail and ordinary mail (service to be completed
upon mailing) and by posting a copy of the Notice of Sale or
Sheriff's handbill in the most public part of t~ premises and by
publication by Sheriff pursuant to pennsylvania ~le of civil
Procedure 3129.,2 (d). }//
BY, THE CO, DR, / T/ ~'" 1
.~ i({jvL
~ day of
Affidavit,
locate the
SERVICE
VJ ~}iqJ upon
AND NOW, to wit, this
consideration of the within
is appearing that a good faith
Defendants has been made by
J
STANLEY S. TILGHMAN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
PLAINTIFF,
VS.
NO. 98-4533-CIVIL
CHARLES SITES and
NICOLE SITES,
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
DEFENDANTS
MOTION FOR SERVICE OF PROCESS
IN REAL PROPERTY ACTION
IN ACCORDANCE WITH RULES 410 & 430
OF PENNSYLVANIA RULES OF CIVIL PROCEDURE
Plaintiff, Stanley S. Tilghman, through his counsel, Leon P.
Haller, Esquire, hereby respectfully submits:
1. Plaintiff has brought a mortgage foreclosure action
whereupon it seeks to foreclose against certain property owned by the
Defendants located at 7 John's Drive, Mechanicsburg PA 17055.
2. The Sheriff attempted service on the Defendants at the
property address and reported the property vacant, Defendants left no
forwarding address. Defendant Nicole Sites' last known address, 2227
N. 2nd Street, 3rd floor, Harrisburg, PA 17101, was attempted and
reported that per current occupant, Defendant Nicole Sites moved.
Defendant Charles Sites' last known address, 14 North Second Street,
Wormleysburg, PA 17043, was attempted and reported Defendant moved,
left no forwarding. An investigation was commenced for both
Defendants and an alternative address was provided for Defendant
Nicole Sites only: 239 North Street, Harrisburg, PA 17101. This
address was attempted and reported to be vacant. No further addresses
were provided for either Defendant through the investigation. The
Defendants are beleived to be separated and possibly divorced.
3. Plaintiff has conducted an investigation in order to
determine the whereabouts of the Defendant as set forth on the
attached Affidavit.
C7508710 2MV08711
Info Sales Vehicle Inquiry Detail
T033A16 10/06/98
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
VEHICLE RECORD ABSTRACT
OCTOBER 6,1998
OWNER
CHARLES F SITES
7 JOHNS RD
MECHAN:CSBURG PA 17055
LESSEE :
Ti tIe . 34303577 Title Date 04/28/82
.
Tag Reg Expire .
.
VIN JT4RN48S2C0038551 Body TK
Make . TOYOTA Model Odometer 1
.
Renew WID 00000 0000 000000 000 Odom Qual 1
Est. WID . 82109 0005 018081 037 Duplicates
.
Prev Tag ZE85204 Year 1982
Encumb NO Stolen Date
Stops .
.
17-LIST IS-RETURN
21-IMINFO 16-NOTEPAD 18-LIENINFO 19-WIDHIST
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.Compete Itel'Ol 1 and/or 2 for addlUonal HrvIet..
_Compleleltema 3, .48, and 4b.
.Prim your name and adelre,. on the reVlrn 01 thl, form 10 that WI can retum thl,
card 10 you.
-Attach this form to the front of lhe mallplece, or on the back" .pace don not
permit.
IWrl!s'Retum RBC8Ipt RsqUfHtsd' on the maUplece bt(ow It\Iartlcl. number.
'The Retum Receipt wiD thew 10 whom the artlde was deUvlred and the dale
delivered.
1 also wish to receive the
following services (for en
extra lee): i ,r
1, 0 Addre""se's Address
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Consult postmaster lor fee. ill,'.
48. Article NU!!)ber( r1 f2. 1 ~ ;) .l! '
.l.. $..... -(..J,,( ~ ~ . E I
4b. Service Type i ;
o Registered )d"'cerllfled ~:
o Express Mell 0 Insured . S .
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8. Addressee's Addre.. (Only II ,oquesled ~ " "
end fee Is peld)
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3. ArtIcle Addressed to:
Charles Sites
14 North Second St
Wormleysburg, PA 17043
5. Received By: (Print Neme)
102595-97.9-0179
Domestic Return Receipt
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STANLEY S. TILGHMAN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.
9{' tK33
, ,I
"
C-U""r
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CHARLES SITES and NICOLE
SITES
: CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
llafend?nt,.,
'lInts LAW 1o.IRM IS A OEtl'r COT.T,Er:,"I)}? ANI) WloJ t1.PE ".'l"l'E!-'.P'l'ING Tt' t:'..)l:.:Lec'!'
A DEBT OWED TO OUR CLIEIi'f. Al>Y INFORJolATION OB'fAINED FROM YOU WIr.I.
Bt: OSED FOR rilE P:;R!iOflE OF cor.r.SCTING THE DEBT.
Ii 0 ~, I r. E
You hav9 begn aued in court ~ IE you vtidh to d'.!fand agaiclst the claims: lJei:.
fort:h in the fol.lowing pages, YOll mU2t taxfI action wit:hin twe:1ty (20) d?,ys afte=
the Complaint: and notice are eervsd, by entering a "'ritt'.ln appearance pereonally
or by attorney and filing in writing with the court your defenees or objections
to the claims set forth against you. You are warned that if you fail to do so the
case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the complaint or for any
other claim or relief requested by the Plaintiff. You may lose monoy or property
or other rights important to you.
YOU SHOULD TAKE '.::'HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO ~~,OT II!.VE.....
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR~; BEIiOw TO
FIND OUT WHERE YOU CAN GET LEGAL HELP. ' -",:
r-6 .;~ '.:-1 :'i~
cumrerl.and County Bar A530ci.ation
2 Lib9rty Ave., Car.lisle, PA 17013
717-249-3166 _
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Legal services, Inc.
a Irvine Row, Carlisle, PA
717-243-9400
17013
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A V ISO
LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE
CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE
USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA
DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU
ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA" EL PUNTO DE VISTA
DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI, USTED NO REPONDE A ESTA DEMANDA, SE PUEDE
PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE
PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA
QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR
RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO,
PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
~:'~~;.~,COPYt:AOM RECORD
rrI1';Ol"Jj'"iY V,heieof, Illi;;m unto Sf'! no" ll'nd
af'l'1t'~)"J~"" . '.l^ I] 0:1
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STANLEY S. TILGHMAN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.
VB.
CHARLES SITES and
SITES
- -', ' .. '~~-'-;O:~' ~"'. _,,,-:::"'~- ":,'-- :,:,-,,~~,,~--
NICOLE
: CIVIL ACTION - LAW
: IN MORTGAGE FORECLOSURE
n"frmclnnts
COMFLAINT
1. Plaintiff, Stanley S, Tilghman, h all adult individlla.. rfl"iding at
165 North Second street, c~Ael~on, oauphin county, pennsylvania 1'11~3_
2. Defendant, Charles sitee, is an adult individual whooe last known
address is 14 North Second street, cumberland county, wormlsyeburg,
Pennsylvania 17043. Defendant, Nicole sites, is an adult individual whose
last known address ia 2227 North second street, Apartment 4, Harrisburg, :
Dauphin county, penneylvania 17110.
3. or. or about April 26, 1995, ~he Defa~da~t oxecu~ee and dGlive:ed a
Mortgage Note in the sum of $39,500.00 payable_to stanley S. Tilghman, which
Note is attached hereto and marked Exhibit "An.
,"~
4. contemporaneously with and at the time of the, execution of the
aforesaid Mortgage Note, in order to secure payment of the same, Defendants'
executed and delivered to Mortgagee, a certain real estate Mortgage which is"
recorded in the Recorder of Deeds office of the within county and commonwealth
conveying to original Mortgagee the subject premises. said Mortgage is
recorded in the office of the Recorder of Deeds of Dauphin county in Book
1260, page 1165. said Mortgage is incorporated herein by reference.
5. The land eubject to the Mortgage is: 7 Johns Drive, Mechanicsburg,
Cumberland County, pennsylvania, and is more particularly described in Exhibit
"B" attached hereto.
,;
6. Defendante are the real owners of the land subject to the Mortgage.
7. The Mortgage is in default due to the fact that Mortgagor has failed
". . ..-,.
to pay the installment due on March 1, 1997 and all subeequent installments
thereon, and the following amounts are due on the Mortgage:
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(b)
Unpaid principal balanco
Interest from 2/1/97 to 9/1/98
(based on contract rate of 9%)
$
35,339.67
6.
(a)
5,035.98
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(c)
Late charges at $20.03
per month for 18 months
360. 5~,
(<1)
escrow Def::~(:,i t.
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(e)
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:',7(,5.33
$ 42,503.17-
'Together with int9rest at t~A p&r diem r~te noted iu (b) abo~a aft&~
s"ptember 1, 1998 and other ch!l.rge. al:d costs to date of Eheriff' s sale.
The attorney's faes set forth above are in ccnformity with the llortgage
documents and pennsylvania law, and will be collected in the event of a third
party purchaser at sheriff's
sale. If the llortgage is reinstated prior to the sale, reasonable attorney's
fees will be charged that are actually incurred by plaintiff.
8. 110 judgment has been entered upon said Mortgage in ar.}" j:lrisdicti"n.
9. Notice of Intention to Foreclose has been sent to Defendants by
. ,-
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Certified Mail, as required by Act 6 of 1974 of the commonwealth of
pennsylvania, on the date eet forth in the true and correct copy of such
notice attached hereto as Exhibit "C".
10. Defendants are not members of the Armed Forces of the united states
of America, nor engaged in any way which would bring them within the soldiers
and sailors Relief Act of 1940, as amended.
11. plaintiff has complied with the proceduree required by
Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance
Payments Program) and defendant ~as either failed to meet the time limitations
as set forth therein or has been determined by the Houeing Finance Agency not
to qualify for aesistance.
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Aoril 26, 1..9.2.5.
Lemoyne
pennsv1vani.a
7 Johns Drive, Mechanicsbura. ppnnsylvania 17055
(property Address)
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1. BORROWER'S PROMISE TO PAY
In Re:tll1:n f:O)~' ~~.\ ,1 o fJ.t'.l that 'r. JlilV'e :r.C(>'.:ved, X jJ)=c,wi:.c ~.(J i~)~'../ '.
$39,500.00. This amount is call.ed ("pr.incipal") plus inter.eBt, ':,0 t.h~
ord.er of the Lende:::. 'l'he Lender is S ta~le:l S. 7ilghmil.".
2 . INTEREST
Interest will be charged on unpaid principal unti: th2 full amount
of p=incipal has been paid, I .,,j,l1 pay interest at a yearly rate of 91,;,
The interest rate required by this section is the rate I W~~~ psy
both before and after any default described in Section 5(B) of this Note.
3. PA~lENTS ,
(A) Time and Place of payments.
I will pay principal and interest by making payments every month.
I will make my monthly payments on the 1st day of each month -,'
beginning on June 1, 1995. I will make these payments every month until ~I
have paid all of the principal and interest and any other char.ges
described below that I may owe under this Note, My mon~hly payments w~ll
be app~ied to interest before princip&l, If, en May 1, 2005, I stil".owe
amounts under this Note, I will pay those arr,ounts in full on that dat.e,
which is called the "matu:city datil".
I will make my monthly payments at 166 N, Second Street, Steelcon
pennsylvania or at a different place if required by the Note Holder,
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.5, $400.64
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before
they are due. A payment of principal only is known as a "prepayment".
When I make a prepayment, I will tell the Note Holder in writing that I am
doing so.
I may make a full prepayment or partial prepayments in multiples
of U.S. $100.00 \iithout paying any prepayment charge. The Note Holder
will use all of my prepayments to reduce the amount of principal that I
owe under this Note. If I make a partial prepayment, there will be no , ~
changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
5. BORROWER I S FAILURE TO PAY AS REQUIREDi'
(A) Late Charge for Overdue Payments ' ,
If the Note Holder has not received the full amount of any monthly
payment by the end of 15 calendar days after the date it is due, I will,
pay a late charge to the Note Holder. The amount of the~ha~ge will be
,5% of my overdue payment of principal and interest. I wi~lpay this late
charge promptly but only once on each late payment,
~r:
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(B) Default
If I do not pay the full amount of each monthly payment on the
date it is due, I will be in default.
(el No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not
require me to pay immediately in full as described above, the Note Holder
will st.i.ll have the 1:'ight to do so icf J am j,n def.ault at a late'!: t.:l,ll)c, __..,=
.. , ... ,.- (D)' paYmEint of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as
described above, the Note Holder will have the right to be paid back by me
for all of its costs and expenses in enforcing this Note to the extent: nol;
prohibited by app1ici;l,b1e law. those expenses include, [or example f
reasonable attorneys' fees.
6. OBLIGJl.1'IONS OF PERSONS UNDER THIS NOTE
If more than one person si.gns this Note, eac:l p.:rson is tull)' and
~ersona11y obligated to keep all of the promises made in this Note,
including the promise to pay ':.he full affiO\lnt owed, .l\ny person ~,ho :'5 ::
guarantor, surety or endorser of this Note is also obligated to do these
things. Any person who takes over these obligations, includ,i.ng th2
obligations of a guarantor, surety or endorser of this Note, is also
obligated to keep all of the promises made in this ~'ote,' The Note Holder
may enforce its rights under this Note against each person individually Or
agai!lst all of us together, This means that .anyone of us may-be required
to pay all of the amounts owed under this Note.
7. WAIVERS
I <"nd any othe= person wh:) has obligations under this N0te wa~ve
the rights ,of presentment and, notice of dishonor, "Pr;!sentment" :neans'':he
right to require the Note Holder to demand payment of amounts due. .
"Notice of dishonor" means ':he right to require the Note Holder to give
notice to other persons that amounts due have not been paid,
WITNESS THE HAND(s) OF THE
UNDERSIGNED.t ~
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Charles Sites
(SEAL)
Borrower
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Nicole Sitesi'
/
, (SEAL)
Borrower ':
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3,
All payments referred to in this notice must. be .tn.. the.,,_
..form of a cashier' $ . or certified check . made p'ayable" to
S'rANLEY SCOTT TILGHMAN, and must be RECEIVED at 166 North
Second Street, Stee1ton, Pennsylvania 17113 not later
than the dates and times specified herein.
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4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter I it io the ir.tention of the
holder of the mor.tgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-~ive
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
installment if payment is made after the 1st day of next
month, plus an additional late charge if due at time of
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid ,more than fifteen
(15) days after the due date. Your current monthly
installment is $400.64.
(b) If pa~nent is made AFTER THIRTY-FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $ 5 0 , 00 and any ti tIe
report costs, which amount can be obtained by
contacting Leon p, Haller, Esquire at (717) 234-4178.
6.
AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall include all delinquent installments and unpaid late
charge.s, together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. :. ':~:~
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3. All payments referred to in thiR noHce must hI! in. th",
'-",'C ,., ,,-'--;(;Ol::nk,o.1'-',i.t-CLt3hi:~...< S', or' cu.ct,i.fied 'check made' payable to
S~ANLEY SCOTT TIX.GIDfAH, and must be RECEIVED at 166 lNorth
Second Street, Stee1ton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-five
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
insta11nlentif payment is made after the 1st day of, next
month, plus an additional late charge if due at time o~
payment and not included above, A LATE CHARGE of $20,03
is due with each mortgage payment paid more than fifteen
(15) days after the due date. Your current monthly
installment is $400.64.
(b) If payment is made AFTER THIRTY-FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, ,which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178'.
6.
AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE ( 1) HOUR BEFORE the commencement of the SHERIFF'S
SALE by paying the entire amount due at the ,time, which
shall include all delinquent installments and unpaid late
charges" together with REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. : ".:~';
"....
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3. All payments referred to in this notice must be in t~e
oJ;orm, n,( a,.cushi.,n:cs_oI: .:;e:ctified 'check made payable to'
."'''-~ -:'~.'-"'...".STmEY- SCOTT 'rILGIIMAN, and must be RECEIVED at 166 North
Second street, Stee1ton, Pennsylvania 17113 not later
than the dates and times specified herein.
4. In the event payment as specified in the proceeding
paragraph is not made WITHIN THIRTY-FIVE (35) DAYS from
the date of this letter, it is the intention of the
holder of the mortgage, through this company, to
accelerate (declare due and payable immediately the
entire loan) the mortgage obligation and all
other lawful charges and instruct our attorney to
institute MORTGAGE FORECLOSURE PROCEEDINGS.
5. (a) If you wish to CURE THE DEFAULT within thirty-~ive
(35) days from the date of this letter, you must pay the
TOTAL AMOUNT DUE stated above, plus an additional monthly
i.nstallment if payment is made after the 1st day of next
month, plus an additional late charge if due at t~e of~
payment and not included above. A LATE CHARGE of $20.03
is due with each mortgage payment paid more than fifteen
( 15) days after the due date. Your current monthly
installment is $400.64. '
(b) If payment is made AFTER THIRTY~FIVE (35) DAYS from
the date of this letter, but BEFORE FORECLOSURE
PROCEEDINGS have been started, the amount you will have
to pay will also include the regular monthly installments
and late charges then due, plus, if incurred, an
ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title
report costs, which amount can be obtained by
contacting Leon P. Haller, Esquire at (717) 234-4178..
6.
AFTER FORECLOSURE PROCEEDINGS HAVE BEEN STARTED, you have
the right to STOP the foreclosure action any time up to
ONE (1) HOUR BEFORE the commencement 9f the SHERIFF'S
SALE by paying the entire amount due at the time, which
shall inclUde all delinquent installments and unpaid late
charges" together with' REASONABLE LEGAL FEES ACTUALLY
INCURRED, costs and other sums related to the foreclosure
action, which amount can be obtained by contacting Leon
P. Haller, Esquire, at (717) 234-4178. : ,.:':;
.. ....---
STANLEY S. TILGHMAN, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
CHARLES SITES AND NO. 98 4533 CIVIL
NICHOLE SITES,
DEFENDANTS IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
PURSUANT TO PA. R.C.P. 237.1
I hereby certify that on DECEMBER 21 1998 I served the Ten
Day Notice required by Pa, R,C.P, 237.1 on the Defendant(s) in this
matter by regular first class mail, postage prepaid, as indicated
on the attached Notice.
By
Leon p, Haller A I.D. #15700
Attorney for Plaintiff
Purcell, Krug & Haller
1719 North Front St,
Harrisburg, PA 17102
STANLEY S. TILGHMAN, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
CHARLES SITES AND NO. 98 4533 CIVIL
NICHOLE SITES,
DEFENDANTS IN MORTGAGE FORECLOSURE
NOTICE OF ENTRY OF JUDGMENT
TO THE ABOVE-NAMED DEFENDANTS:
You
following
captioned
are hereby notified that
judgment has been entered
matter:
\tI..'J'- )-(,
on
agains
~
you in
/(.,(;,(:,' the
th above-
$42,503.17 and for the sale and foreclosure of your property
located at: 7 JOHNS DRIVE, MECHANICSBURG, PA 17055
Dated:
I - d-( - Yr
Attorney for Plaintiff:
Leon p, Haller
1719 North Front Street
Harrisburg, PA 17102
Phone: (717) 234-4178
I hereby certify that the following person(s) and their respective
addresses are the proper individuals to receive this Notice
pursuant to PA R.C.P. No. 236:
Charles Sites
7 Johns Drive
Mechanicsburg, PA 17055
Charles Sites
14 North 2nd Street
Wormleysburg, PA 17043
Nichole Sites
7 Johns Drive
Mechanicsburg, PA 17055
Nichole Sites
239 North Street
Harrisburg, PA 17101
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Stanley S, Tilgman
-vs.
Charles Sites and Nicole Sites
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No, 98-4533 Civil Term
David E, McKinney, Deputy Sheriff, who being duly sworn according to law, says on
March 31, 1999 at 3:550'cloek P,M,EST, he posted a true copy of Real Estatc Writ
Noticc Postcr and Description on thc property of Charles Sites and Nicole Sitcs located at
7 Johns Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law.
Michael E. Barrick, Deputy Shcriff, who being duly sworn according to law, says on
April 19,1999 at 5:33 o'clock P,M, EDST he served a truc copy of Real Estate Writ
Notice Poster and Description in the above entitlcd action upon one of the within named
defendants to wit: Nicole Sites by making known unto Nicole Sites at 416 Third Street,
New Cumbcrland, Cumberland County Pennsylvania, its contents and at the same time
handing to her personally the said true and attested copies of the same,
R,Thomas Kline, Sheriff, who being duly sworn according to law, says he served the
above Real Estate Writ Notice Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of the within named
defendants to wit: Nicole Sites by regular mail to her last known address 416 Third
Street, New Cumberland, Pennsylvania. This letter was mailed under the date of April 20,
1999 and never returned to the Sheriffs Office,
R, Thomas Kline, Sheriff, who being duly sworn according to law, says he served the
above Real Estate Writ Notice Poster and Description in the following manner: The
Sheriff mailed a notice of the Pendency of the action by Certified Mail Return Receipt
Requested, Restricted Delivery, Deliver to Addressee Only to one of the within named
defendants to wit: Charles Sites to his last known address 1'.0, Box 15514, Harrisburg,
Pennsylvania, This Letter was mailed under the date of March 30,1999 and returned to
the Sheriffs Office on April 16, 1999 with reason checked UNCLAIMED,
R,Thomas Kline, Sheriff, who being duly sworn according to law, says he served the
above Real Estate Writ Notice Poster and Description in the following Manner: The
Sheriff mailed a notice of the pendency ofthe action to one of the within named
defendants to wit: Charles Sites by Certified Mail Return Receipt Requested, Restricted
Delivery, Deliver To Addressee Only to his last known address 1360 Vine Street
Extended, Middletown, Pennsylvania, This letter was mailed under the date of April 16,
1999 and received by Charles Sites on April 19, 1999 the return receipt card signed by
Charles Sites.
R, Thomas Kline, Sheriff, who being duly sworn according to law, says he made
diligent search and inquiry for one ofthe within named defendants to wit: Nicole Sites,
but was unable to locate her in his bailiwick, He therefore deputized the Sheriff of
Dauphin County to serve the above Real Estate Writ Notice Poster and Description
according to law.
DAUPHIN COUNTY RETURN: I, Jack Lotwick, Sheirff of the County of Dauphin,
State of Pennsylvania, do hereby certify and return, that I made diligent search and
inquiry for Nicole Sites the defendant named in the within Mortgage Foreclosure and that
I am unable to find her in the County of Dauphin, and therefore return the same NOT
rOUND, April 14, 1999, Building Vacant. So answers: Lotwick, Shcrilr of Dauphin
County,
R, Thomas Klinc, Sheirlr, who being duly sworn according to law suys he served the
above Real Estatc Writ Notice Poster und Description in the following manner: Thc
Sheriff mailed a notice of the pendency of the action upon one of the wilhinnamed
defendants to wit: Nicole Sites by Certified Mail Return Receipt Requested, Restricted
Delivery, Deliver to Addressee Only to her last known address 239 North Street,
Harrisburg, Pennsylvania, This letter was mailed under the date of March 30, 1999 and
returned to the Sheriffs Oflice on April 21, 1999 with reason checked UNCLAIMED.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made
diligent search and inquiry for one of the within named defendants to wit: Charles Sites,
but was unable to locate him in his bailiwick, He therefore deputized the Sheriff of
Dauphin County, to serve the above Real Estate Writ Notice poster and Description
according to law,
DAUPHIN COUNTY RETURN: And now April 28, 1999 at 2:02 p,m, served the within
Notice of Sheriffs Sale upon Charles Sites by personally handing to Sharon Mottor,
Girlfriend of defendant I true and attested copy of the original Notice of Sheriffs Sale
and making known unto her the contents thereof at 1360 Swatara Park Drive,
Middletown PA, So answers: 1.T, Lotwick, Sheirff.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the
above Real Estate Writ Notice Poster and Description in the following manner: The
Sheirff mailed a notice of the pendency of the action by regular mail to one of the within
named defendants to wit: Charles Sites to 1360 Vine Extended, Middletown,
Pennsylvania. This letter was mailed under the date of April 21, 1999 and never returned
to the Sheriff s Office,
R, Thomas Kline, Sheriff, who being duly sworn according to law, says after due and
legal notice had been given according to law, exposed the within described premises at
public venue or outcry at Court House, Carlisle Cumberland County, Pennsylvania, on
June 9,1999 at 10:00 o'clock AM, EDST and sold the same for the sum of$ 1.00 to
Attorney Leon p, Haller for Stanley S, Tilghman, 166 North Second Street, Steelton,
Pennsylvania. It being the highest bid and best price received for the same Stanely
Tilghman being the buyer in this execution paid to SheriffR, Thomas the sum of$
1,246.30 it being Sheriffs costs,
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Sheriffs Costs:
Docketing'
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
County
Mileage
Certified Mail
Levy
30,00
24.44
15,00
15,00
30,00
10.00
.50
1.00
6,20
22,66
15,00
is:
CHARLES SITES AND NICOLE SITES
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages
and municipalities that are owed taxes) will be filed by the
Sherif f of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed,
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights, If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle. pennsylvania 17013
phone (717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you,