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Home My WebLink About98-05949 q) - - '<3 -r . - ,g ct . -7 t cD c o 1 u:: t. i~ 'J a- T .0- l.() 1 Fl :1.'1 ON IlA:\K, I'lalnlill ,1'\ 1111, ('(JlRJ OJ, ('0.\1\10'\ I'IJ,,\S . Cl\IIlIRI ,\'\1) (,Ol'\ I y, I'I:'\'\S~ I VAf'.:I:\ /, I I \ , : \'s. , '\(), ," . '/ '1'1' 'J J. J , , ( '1, f I , '" , .lOSEI'll M, ROBITAILLE and KAREN M. ROBITAJI.I.I:. Derendant : ( '1\' II o'\( '1/0'\ - 1.:\ \\' ,I f :-;OTKI:: YOU I lAVE BEEN SUED IN COllin, I I' you wish 10 derend againsl the e1aims sel I()rlh in the 1()llowing pages, you must take aelion wilhinlwenty (21l) days alier Ihis Complainl and Notiee are served. by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objeelions 10 Ihe elaims set l(1I'th against you, You are warned Ihat iryou f,lil to do so the case may proceed without YOll and ajudgmcllt Illay he entered against YOll hy the COllrt without Iln'lher notice 1(,1' any money elaimed in Ihe Complaint or 1'01' any other claim or relicI' requested by the Plaintill You may lose money or properly or other rights important 10 you, f' ! ~, YOU SIJOUI.D TAKE '1'1 liS PAPER TO YOI:R LA WYER AT ONCE. IF YOU DO NOT IIA VE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TEl.EI'IIONE '1'1 IE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOl: CAN (jET I.FGAL HELP, " Cumberland County Bar Assoeiation 2 Liberty fhenue Carlisle, I' A 170 13 (717) 24')-31 (ll> 102345/2053 L ~ ~i, ;'. t! ~.'. the illlL"n.:sl ralc hascd uponlhl.' rl'IlL'\\ cd illlcl'L''it 1';1lL" ;l~ ddillL'd thL'l"l'lI1. :\ lnll' and l'olTct:ll'opy or Ihe :\dlllslahk \Itlllgage I.tlall Rate alld IlIl' al'l'tll1lpall;lIlg \ ItIIt!~a,~e all' alladll'd IIl'l dtl, marked hlllhil":\ 8: If' lespedi\e1y al1d llIadl';1 pall hl'letlrhy lelLTelll'e lhel"ttl. It IS 11<lkd that the 7\'lortgagc WiJS thcl'caltcr recorded III ;lnd tin tilL' (>Hicl' of lilt.: RCL'onkr Ill' I kl'ds of Cumb"rlal1d County on August I~, l'iS~ III \Itlll~a~e IItltlk 71~, I'a~l' 7SII, 5, The said Iklel1dallls did l'lil tlr refllse Itl pay ill a tllllely manl1"r III" 111<1I1thly installm""t due Oil Ntlvemher J, J'i')7, Wller"lI!,tlll Ihe "tlte herame ill delillllt alld lidl amtlUllt due 011 November~, 1')')7, I'kase IItlte that paym"nts h",e b""" reeei\ed sill"e thai date, although the obligalioll is !,reselllly ill de"nlli till. the paymellls due \Iar"h I, I 'NS through October I, l'i'iS, (\, As stated, pursuallt to th" t"rms or the :\djustahk Mortgag" 1.0al1 Rat", Ihe rull amount hecamc due and payahle Non:mher~. 1 <){)7. 7, Therealier. 011 or about Jal1uary 5, l'i'iS, Fultoll Balik did sel1d the Ddclldants Notice or Intention to Foredos" pursuant to Al'l (, and also Notice or Delendal1l's Rights under thc Homcowncr's Emergcncy Assistance j\.:lortgage Program. A truc and correct copy of said Notices ar" allaehed hercl'), eolketi\e1y marked Exhibit "C" and made a part thereorby relerenee Ihereto, S, There is presently due on said obligation the 1()\Iowing amounts, Principal Inlereslthrough IO-OS-')S Escrow Advances Late Charges Less Credit or Partial Unapplied Payment 512,41'),')~ 551 JAS 5S.)(J.().) 51IS"J.) : S.L7.1.113. Net Due 51:1,715')2 V.ElUFlCAIlO;,\ \, Clint M, Miller. Viec President or Fulton Bank, who, h;I\'ing aUlhority 10 exeeule this Verification on its behalt'. verify that the statements allll avermenls eonlained in Ihe j(lregoing Complaint are true allll corrcct upon my personal knowledge. inf(mnation and belieI', I understand Ihal false avennents herein arc made subject to the penalties of I X Pa, c.s, ~4(J()4 relating to unsworn falsification to authorities, FULTON BANK: By: l( -1:~~ ....r..,., ~1 '...........: . \. \ j;', \...~-.f ~ n \.!.f(..< \ V '.0 , Dated: l02345/2053L Exhibit A " ,i "~ , ; '! .,) , , ,\ 'I ! :1 " i ~ .~ ,I '] {.~ .j } " " ~ .. . .' . ""\(\ t. ',1 It 1\ t J\DJUSTA!JLE MORTGAGE LOAN NOTE .1 t. .I, I .' u.s. $ 63,000.00 Hershey , Pennsylvania Auguat 2, 1982 FOR VALUE RECEIVED, the undersigned ("Borrower") promises(s) 1:0 pay CENTRAl, PElmSYLVANIA SAVI NGS ASSOCIA'I'ION, of 100 Went Independence Street, Shamokin, Pennsylvania (hereinafter called "Note Holder"), or ordel', the sum ofTHIRT'f-ONE ~'HOUSAND, FIVE HUNDRED & 00 r-ollars (U.S. $ 31,500.00 ), legal tender of the United States of America to he paid to Note Holder, its certain attorney, successors or assigns, to which payment well and truly to be made, Borrower and Borrower's heirs, executors, administrators, successors and assigns, and every of them. jointly and severally, firmly by these presents are bound. Principal and interest shall be payable at Hershey office of Central Pa. Svgs. Assoc. , or such other place as Note Holder may designate in consecutive monthly installments on the lat day of each month beginning on September 1. , 19 52 , and at such interest rate and under such terms and conditions-as provided for herein. The entire balance, including interest, if not sooner paid, shall be due and payable at the expiration of 240 months from the date of this Note. This obligation is automatically renewable as provided for herein with the maximum term not to exceed forty (40) years from the date of this obligation. The Initial Term of this obligation shall be three (3) years. thirteen & bhe.", Rate shall be fourth percent monthly payment of principal and interest The Original Interest per annum with a resulting totalling $ 374.6B At least thirty (30) days but not more than forty-five (45) days prior to the expiration of the Initial Term of this obligation and any Renewal Term hereof, Borrower shall be notified in writing of Borrower's option to renew the loan for an additional period of three (3) years. At that time the Borrower shall be notified of the new rate of interest (the Renewal Interest Rate), and the amount of the monthly installments based on the Renewal Interest Rate. When the obligati~n is renewed, the new rate of interest shall be based on changes between the original Index Rate and the Renewal Index Rate. The index utilized shall be the national average mortgage contract rate for major lenders on the purchase of previously-occupied homes, as computed monthly by the Federal Home Loan Bank Board and pUblished in the Federal Home Loan Bank Board Journal and monthly news releases of the Federal Home Loan Bank Board. Variations in the interest rate for each renewal period shall depend upon whether the index has increased or decreased to a higher or lower figure than it was on the date this obligation is first executed. If the index has decreased, Note Holder must reduce the interest rate by at least the amount of the decrease in the index. If the index has increased, Note Holder has the right to increase the interest rate by the amount of any increase in the index. . \, .. . . , Unless the Borrower elects to remit Lho entire amounL of the indebtedness by the expiraLion date of Lhe IniLial Term of this obl,igation or any Henew,1I Term thereof, Lhe obI i<jation shall auto- matically bo renewed lor an addiLion,,1 l.l..,,,,, (J) year term at the Renewal Interest HaLe wi Lh monthly payment B <H' BcL forth in the Notice. ..-.- Borrower shall have the ri<JhL to milK" pl'epaymenL in full or in part of the o\ltstan<1in'1 principal 101ln "idance without penalty at anytime. Note Holder Illay require that llny parli;\l prepc1Ylllenl!J (i) be made on Lhe date monLhly installlnents are due and (ii) be in an amount of that part of one or more monthly inBtal1ment pilyment5 which would be applicable LO principal. Any partial prepayment shall be applied against the principal amount o\lt5blll<lill'1 alld shall not postpone the due date of any subsequent monthly installments or change the amount of such installments, unless Note lIolder shall otherwise agree in writing. Borrower shall not be charged any costs or fees in connection with any regularly-scheduled adjustments to the interest rate, the payment, the outstanding principal loan balance, or the loan term. If any monthly installment under this Note is not paid when due and remains undue after a date specified by a notice to Borrower, the entire principal amount outstanding and accrued interest thereon shall at once become due and payable at the option of Note Holder. The date specified shall not be less than thirty (30) days from the date such notice is mailed. Note lIolder may exercise this option to accelerate during any default by Borrower regardless of any prior forbearance. If suit is brought to collect this Note, Note Holder shall be entitled to collect all reasonable costs of suit, including, but not limited to, reasonable attorney's fees. Borrower shall pay to Note lIolder a late charge of percent of any monthly installment not received by Note fifteen days after the installment is due. five (5%) Holder within Any notice to Borrower provided for in this Note shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address stated below, or to such other address as Borrower may designate by notice to the Note lIolder. Any notice to the Note Holder shall be given by mailing such not.ice by certified mail, return receipt requested, to the Note Holder at the address stated in the first paragraph of this Note, or at such other address as may have been designated by notice to Borrower. The indebtedness evidenced Mortgage, dated August 2, made to the Mortgage for rights ness evidenced by this Note. by this Note is secured by a 1982 , and reference is as to acceleration of the indebted- 127 Cumberland Road Enola, Pa. 17025 Property Address (Execute original Only) . ',I' .' .' . . e. '1 \, (lr,,,,,. " . ~ 'J/WE m:mmv A('KI<OWI,Enr:r-: nrrf:lP'1' OF A COpy 01" 'J'lll'; ~IUI(,I'l;A(a. Aim NUl!: (lll IlUNIl ANO WAHHAN'I' 1'1/111'/1 I/IVE 1':::::I.'UTl.:JJ IN PIlUEIl TO CLUSE '1'111:; 'I'Hi\NSi\CTllJ,l. t.,.. " ~..~~~-C;~ '1 ,', ,I <.'1 , ' ( t I) ~1\,~ t 1 , , II')!") i l r 1 ! : " ' , ", \.1.',. , " " t"l " , ' " .,"\ :." ,', ;1. " I ,'," \ ,',J )I ,) r. r i r.," r,lr,.r r ""'lr,d", i I' , , " ..': '\ ,\ ,;' . :/.1, .,' . ~. , 'r' dqr,,"""', I.' . . , r . I,,: \ ii.\:' i ,-. r r'l~;'," r 'r , : ,j.).,).' 'I' "r 1,,'-"" :>1'1,[-.1,,01"1'1; i'" r '( (:\' r . ','I ,ri I (J((I , i . r r; t ~ " , . , Exhibit B / .~ 610.4, hi .;,,:,Ll,' ' ',. 111' IIL,\'I\~I .' 'I; 1,1', ,r, C.U14IlLI11 ."'1lI (\ dl41Y hHN~'l'l VA,I,\ . Auo Il i2 2~ fH tBZ ^ I ),IlJ?:r[l.II,I~E,. HO HTr;^.~;I~ I ~o..^!1.. ~'()It')'r;~(;!::, 'l'1I1~ l\1J.JlJ;.T^hLE MOHT(;l\C;E LOl\N NnH'l'(~^nt-: (hpl-pirhlft.nr IIr-1orl(J<1qe") in IIllHlu thin /Oll, day of Alll',IIJ1t , 19 Hl , hutwP(.n th... Mort:",q,,,; JOril';1'lI 1\.1c.:llIIJ;;LI\OlJiThlLLL: <111\1 YJUum .MlIIU,L:.llp'lll'l'hlLLE ,!UJI I, bl",rrnilll!IlI"I".!.Penn'.". ,....' (t",r''lll lIorrowl!l':"lfr. and the 1101'1'1..'1..... ('f:f1'I'Il.l\l, 1'1':rlll~;YI.vMll^ ~;^Vlrl(;S'-^~;~;()(,l^,I'ION. of 100 Went ]n(h'lH~l\tt.~ncp ~jtrt!pt, Dharnokin, I'f'lll\lIylvclllia, a corporation orgcJnizt..'d iHut (!xinlinq IIndur tho ltlwfi of tile COI1UllollwealLh of P(!nn- sylvaniu, (ht!n..dn "J.l!JHlerll). I. DEFINITIONS. ^u ufled in thiu MUl'tY,ICJe ,'l1d the ,'cGompanylng Note"""Tilcreina'fter "Obligation"), the followin'J terma ahall be defined as follows: and the was INITIIIL LO^N TlmM or INITIIIL 1'ERM. That period of time from including the day this Mortgage wag fligned to and including same day and month three (3) years from the day this Mortgage signed. RENEI~III, LOAN 1'ERM or RENEI~AL 'rEHM. 1'hat period of time beginning on the first day next following the end of the Initial Loan 'rerm and ending the same day and month three (3) years later. For purposes of renewals subsequent to the first renewal of this loan, Renewal Loan Term means that period of time beginning on the first day next following the end of the immediately preceding loan term and ending on the same month and day three (3) years later. NOTICE PERIOD FOR RENEWM,. That period of time at least thirty (30) days but not more than forty-five (45) days before the last day of the Initial Loan Term or Renewal Loan Terms, except for the final Renewal Loan Term. RENEWAL NOTICE. Written Notice, according to the form pre- scribed by federal regulation (12 C.F.R. section 545. 6-4a(e)) to be sent by Lender to Borrower at least thirty (30) days but not more than forty-five (45) days before the last day of the Initial Loan Term or Renewal Loan Term, except for the final Renewal Loan Term. INDEX. The index shall be defined as the national average mortgage-cOntract rate for major lenders on the purchase of previously -occupied homes, as computed monthly by the Federal Home Loan Bank Board and published in the Federal Ilome Loan Bank Board Journal and monthly news releases of the Federal Ilome Loan Bank Board. ORIGINAL INDEX RATE. The Index Rate as determined on the first day of the Initial Loan Term. The original Index Rate shall be the most recently available value of the index at, or within six (6) months prior to, the date of the closing of the loan. ORIGINAL INTEREST RATE. The interest rate in effect during the Initial Loan Term. RENEWAL INDEX RATE. The Index Rate as determined at the time the Renewal Notice is sent to Borrower for the next Renewal Loan Term. The Renewal Index Rate shall be the index_value most recently available as of the date of the rate adjustment, if the payment is not simultaneously adjusted, or the index value most recently available as of the date of notification of a payment adjustment. '~ \ \ \ \ . I\OOil ,l~ I'I,CE ',SO \ " ~ .~ ".: t, r ~ \' : . HF.NE\~AI. IN'I'I';H~;ST HNI'I::' The interest rilte in effect during the IIcnewiiTi:D,\n";f,;""r1n.' ._-- m:tlE\"^L CO:i'l'~;. BOl-rOW(lr nilill1 Ilot lJd charqpd ony co~tH or feeu-rJl'-(:c.)-i)i'il~-c-t~ion with a n~newi\l of thin loan. WIIEREAS, 1I0lTow"r is illclel>t"d to J,(<nclel' ill the pI'inciplll Dum of .'.l'tl!.!\,TJ,:9~E_ TII(2U~mmJ-r!.'/I'; ~llJnl)!lEIl..f<QO.._..- ($ ~Q.O. 00_ ) Oollars, whlch 11l(10blt..dl1(!Bfi 15 eVldenccu by Borrowerls Nole - dated ___~llil!~LZ...l.9B2.-_- (herein "Note"), provi,lin<J for monthly installments of Jl(lYlI\t~llt ilnd interest, the firBl inntallmcnt to be paid on the __,.-l:ll.__._ dilY of eilch lIlon t h hcq i Iln i "'J on SGplCllilwr lL___' '1<I_B2_' 'l'l]e entire I>a]<ln<:e, including Interest, future advances iln~ aLlier cllilrgcs, if rlol sooner llaid, sllall bo due and payable ilt th~ expiration of 240 months from the date of this Mortgage. 'rhis obligation is automatTcally renewable as provided for herein with a maximum term not to exceed forty (401 years from the date of the obligation. That Obligation and this Mortgage provide, in part, for an Initial Loan Term and Renewal Loan Terms which will be automatically renewed at equal Renewal Intervals until the maturity date of this MORTGAGE, with a maximum term not to exceed forty (40) years from the date of the Obligation. Each Renewal Loan Term shall be the same length as the Initial Loan Term. Borrower shall have the right to make prepayment in full or in part of the outstanding principal loan balance without penalty at anytime. Lender may require that any partial prepayments (i) be made on the date monthly installments are due and (ii) be in an amount of that part of one or more monthly installment payments which would be applicable to principal. Any partial prepayment shall be applied against the principal amount outstanding and shall not postpone the due date of any subsequent monthly installments or change the amount of such installments, unless Lender shall otherwise agree in writing. The Note provides for an Initial Loan Term, an Oriqinal Interest Rate and a monthly payment for the duration of the Initial Loan Term. At least thirty (30) days but not more than forty-five (45) days prior to the expiration of the Initial Term and any Renewable Term, Borrower shall be notified in writing of Borrower I s option to renew the loan for an additional period of three (3) years. At that time Borrower shall be notified of the Renewal Interest Rate and the amount of the monthly installments based on the Renewal Interest Rate. When the obligation is renewed, the new rate of interest shall be based on changes between the original Index Rate and the Renewal Index Rate. The index utilized shall be the national average mortgage contract rate for major lenders on the purchase of previously-occupied homes, as computed monthly by the Federal Home Loan Bank Board and published in the Federal Home Loan Bank Board Journal and monthly news releases of the Federal Home Loan Bank Board. Variations in the interest rate for each renewal period shall depend upon whether the index has increased or decreased to a higher or lower figure than it was on the date this Mortgage and accompanying Note are first executed. If the index has decreased Lender must reduce the interest rate by at least the amount of the decrease in the index. If the index has increased, Lender -2- . BOOK '71.2 PAGE 78J ~. .. '4f has the right to increase the interest rate by the amount of any increase in the index. Unless the Borrower elects to remit the en~i~e amount of t~e indebtedness by the expiration date of the !n2~lal, Term of thu. Mortgage and Note or any Henewa 1 Term, tho obllC)llt1on shall automatically be r(!IH!w(:d for il'rl-i-\cYcfrrrollal three (3) year term at. the !ler~<:wa!..J:]~ten'!;t H,lt,!, with monthly payments as set forth 1n the Notice. ~--,--- TO SECURE to Lender (a) the repayment of t.he indebtedness evidenced by ~h? ~ote, wit.h interest thereon, the payment of all other sums, witn lnteresl thereon, advanced in accordance herewith to protect the securi ty of this ~lort<Ja(Je, and the performance of the covenants ilnd agreements of narrower herein contained, and (b) the repayment of any future advances, with interest thereon, made to Borrower by Lender pursuant to paragraph 21 hereof (herein "Future Advances"), Borrower does hereby mortgage grant and convey to Lender the following described property located in the County of curmrmr,AND , State of Pennsylvania: ALL 'r11I1.T CER1'AIN lot or piece of land si tuate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, bo~nded and described in accordance with a survey by Ernest J. Walker, Professional Engineer, dated July 15, 1975, as follows: BEGINN;ING at a point on the westerly line of East Cumberland Road at the distance of 305.335 feet measured southwardly along the said line of road from its intersection with the southeasterly extremity of the arc or curve having a radius of 10 feet which connects the southerly line of Perry Street with the said westerly line of Cumberland Road; thence extending along said line of Cumberland Road, South 10 degrees 20 minutes East 50 feet; thence extending South 79 degrees 40 minutes \Vest, (passing through the middle of the party wall between the house on this lot and house on lot, adjoining on the South) the distance of 125 feet; thence North 10 degrees 20 minutes vlest 50 feet, thence North 79 degrees 40 minutes East 125 feet to the place of BEGINNING. HAVING THEREON erected a two and one-half story frame dwelling known as No. 127 East Cumberland Road. BEING the same premises which Donald T. Orris, II and Mary Elizabeth Orris, his wife, conveyed unto Joseph Michael Robitaille and Karen Marie Robitaille, his wife, Mortgagors herein, by deed intended to be recorded simultaneously herewith. Also being the same premises which Dana W. Rine and Joyce M. Rine, his wife, conveyed unto Donald T. Orris, II and Mary Elizabeth Orris, his wife, by deed dated November 20, 1980 and recorded November 25, 1980 at Deed Book F, Volume 29, page 342. -3- ~'1 ') , ' ~'\i9 BOOK I;. II,GE 10.. . 'if ~' which has the address of 127 Cumberland Road (Street) Enola (City) Pa. 17025 (State and Zip Code) (herein "Property Address"); TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are herein referred to as the "property". Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the property, that the Property is unencumbered, and that Borrower will warrant and defend generally the title to the Property against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property. -4- . '0' 1') -'03 IIIlDK I ,'. P^GE 10, '.,.. '1- ' UNIFORM COVENAN'I'S. Borrower and I.ender covenant and agree as follows: 1. I'AYMEN1' OF I'I1INCll'AL ANI> IN'l'EHI':S'I'. IlUrl'ower "hall pl-omptly pay when due the principal of ane! interclIl on the indebtedness evidenced by the Note, prepayment and lutu ehal'lJe" itS pl'uvided in the Note, and the principal of and interest on any Future Advances secured by this Mortgage. 2. FUNDS FOR 'rAXES AND INSUHANn:. subject to applicable law or to a written waiver by Lender, Horrower shall pay to Lender on the day monthly installments of principal and interest arc payable under the Note, until the Note is paid in full, d sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments which may attain priority over this Mortgage, and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable esti- mates thereof. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account, or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due date of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents, as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is mailed by Lender to Borrower requesting payment thereof. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 18 hereof the property is sold or the property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. -5- ~'1 ') -'81 BOOK ,,:. PAGE , ' '.. ~. ' 3. APPLICATION OF rAYM~NTS. Unless applicable law provides otherwisc, all I'llyml"nts ..eceived by Lender under the Note and paragraphs 1 and 2 t1l'rf!of !;ha 11 be appl ied by Lender first in payment of amollnts payable to Lender by Borrower under paragraph 2 hereof, then to inlel'''!;l I"lyable on the Note, then to the principal of the Note, and lhen to interest and principal on any Future Advances. 4. CHARGES; LIENS. narrower shall pay all taxes, assessments and other chanjen, fines and impositions attributable to the Property which may atla I n a priori ty over this Mortgage, and leasehold paymonts or ground rents. if any, in the manner provided under paragraph 2 hereof, or. if not paid in such manner, by Borrower making payment. when due. directly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the event Borrower shall make payment directly Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Mortgage; provided, that Borrower shall not be required to discharge any such lien so long as Borrower shall agree in writing to the payment of the obligation secured by such lien in a manner acceptable to Lender. or shall in good faith contest such lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. 5. HAZARD INSURANCE. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards, included within the term "extended coverage" and such other hazards as Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by the Mortgage. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid in the manner provided under para- graph 2 hereof, or, if not paid in such manner, by Borrower making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of lOBS if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoring or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Mortgage is not thereby impaired. If such restoration is not economically feasible or if the security of this Mortgage would be impaired, the insurance proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Borrower. If the Property is abandoned by Eorrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance -6- . "00' -,'1'J r -'8' ,,~ ,," IIGE , ;) 0,- 4t.' carrier offern t.o net.tl" iI cl,11m fOl' Insurilnce benefits, [,ender is authorized to colll'ct ,.nd ilpply the Innurolllce proceeds ut [,ender's option eithel' to reBtoration or r"pilir of the Property or to the sumn necured by this Mortgage. Unless Lender and Borrower otherwise agree In writing, any such application of proceeds to principal shall not extend or postpone the du" date of the monthly In.;tal1ments referred to in paragraphs I and 2 hereof or change the "mount of such installments. If under par.i1grilph 18 hereof thf' Property is acquired by I,ender, all right, title and interest of Borrower In and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition. 6. PRESERVATION AND MAIN'rENANCE OF PROPERTY: I,EIISEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Borrower shall keep the Property in good repair and shall not commit waste or permit impair- ment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of condominium or planned unit development, and constituent documents. If a condominium or planned unit development rider is executed by Borrower and recorded together with this Mortgage, the covenants and agreements of such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Mortgage as if the rider were a part hereof. 7. PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notice to Borrower may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the property to make repairs. If Lender required mortgage insurance as a condition of making the loan secured by the Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premil~s in the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7 with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the -7- . "'1') -'8" (lOOK I, ,0. I'm I n " ~ ,. highest rate permiooible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expenBe or take any action hereunder. 8. INSPECTION. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. CONDEMNATION. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, arc hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any. paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. 10. BORROWER NOT RELEASED. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortiza- tion of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Mortgage. -8- . BOOK. 71.2 PAGE 787 , ,. 12. REMEDIES CUMULA'rIVE. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity and may be exercised concurrently, independently or successively. 13. SUCCESSORS AND IISSIGNS BOUND; .JOIN'r IINI1 SEVERAL I,IABILITY; CIIPTIONS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph l7 hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this flortgage arc for convenience only and are not to be used to interpret or define the provioions hereof. 14. NOTICE. Except for any notice required under applicable law to be given in another manner, (al any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the property AddresS or at such other address as Borrower may designate by notice to Lender, as provided herein, and (bl any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein, or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. l5. UNIFORM MORTGAGE; GOVERNING LAW; SEVERABILITY. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Mortgage shall be governed by the law of the jurisdiction in which the property is located. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the con- flicting provision, and to this end the provisions of the Mortgage and the Note are declared to be severable. 16. BORROWER'S COPY. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 17. TRANSFER OF THE PROPERTY; ASSUMPTION. If all or any part of the property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding (al the creation of a lien or encumbrance subordinate to this Mortgage, (bl the creation of a purchase money security interest for household appliances, (cl a transfer by devise, descent or by operation of law upon the death of a joint tenant or (dl the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the person to whom the property is to be sold or trans- ferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender shall -9- . BOOK ',12 rm 7gB ;. .' r" .. request. If Lender has waived the option to accelerate provided in this paragraph 17, an~ if Borrower's successor in interest has executed a written /lfJ!.lulIIl'Llon a'Jreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Mortgage and the Note. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of ouch period, Lender may, without further notice or demand on Borrower, invoke any I:emedies permitted by paragraph l8 hereof. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 18. ACCELERATION; REMEDIES. Upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall mail notice to Borrower as provided by applicable law specifying: (ll the breach; (2l the action required to cure such breach; (3l a date, not less than 3.0 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4l that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after accelera- tion and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorney's fees, and costs of documentary evidence, abstracts and title reports. 19. BORROWER'S RIGHT TO REINSTATE. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to at least one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Mortgage if: (al Borrower pays Lender all sums which would be then due under this Mortgage, the Note and notes securing Future Advances, if any, had no acceleration occurred; (bl Borrower cures all breaches of any other covenants or agreements of Borrower contai.ned in this Mortgage; (cl Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph l8 hereof, including, but not limited to, reasonable attorney's fees; and (dl Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. " -10- r t . (lOoK 'i 1.~~ PAGE ',S9 ,. ',' 20. ASSIGNMEN'r OF REN'l'S; IIPPOIN1'MENT OF RECEIVER; LENDER IN POSSESSION. As additional security hereunder, Rorrower hereby assigns to Lender the rents of the Property, provided that Barl-ower shall, prior to acceleration under paragraph IS hereof or aban- donment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender, in pel'!;on, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. IIlI rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 21. FUTURE ADVIINCES. Upon request of Borrower, Lender, at Lender's option prior to release of this Mortgage, may make Future Advances to Borrower. Such Future Advances, with interest thereon, shall be secured by this Mortgage when evidenced by promissory notes stating that said notes are secured hereby. At no time shall the principal amount of the indebtedness secured by this Mortgage, not including sums advanced in accordance herewith to protect the security of this Mortgage, exceed the original amount of the Note. 22. RELEASE. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage, without charge to Borrower. Borrower shall pay all costs of recordation, if any. 23. PURCHASE MONEY MORTGAGE. If all or part of the sums secured by this Mortgage are l~nt to Borrower to acquire title to the Property, this Mortgage is hereby declared to be a purchase money mortgage. IN WITNESS WHEREOF, Borrower has executed this Mortgage. Witness: '. Ji/o'- $ld~, ~ o eph Michael Robitaille Borrower . K -11- . BOOK '{J~~ PAGE 730 , I' COMMONWEALT~OF COUNTY OF W SS \' On this, the 'J--day of , 19~~before me, a Notary Public , gned officer, personally appeared JOSEPH MICHAEL ROBITAILLE & KA N MARIE ROBITAILLE, his wife known to me or satisfactorily proven) to be the person(s) whose name(sl are subscribed to the within instrument and acknowledge that tney executed the same for the purpose herein contained. In witness whereof, I hereunto set my hand and official seal. ~~f;~~~\ ..nliili(tlli, ...:="": ":<:i\<.t..,', . ~# '. ~ '.' . ':.''';''. 'c' t. ~; ~ 1.:: /1 ;'. .-' ! ~ CERTIFICATION OF LtNPER'S ADDRESS ~. ( (, I' ~I In .. : ~ ";"' l:' I" I (-.tl . '- ..j., ,. . ri residenoe,and post"officei address of , the above named Lender West, Independence Street;" Shamokin, ,FA:. 17872. , .,. , r; , ., >' ~ ~(ilu511~ Ak Agent of Len~ : (lr. I r' Th~ 100 is: , ' " 1."'1 ,#, C1 n' 0' C', , , I;; v :' l..., ~.: ~- I, <; ;I( I : ( I :, Ll "1";.'. , (. i;C' 0, ., ...' c.. ,e Returri; to, . C' GUY W. SCHLESINGER, ESQ. .. 21 East Independence Street Shamokin, FA. 17872 ," , " -12- . .... ......, .... ,.......~~'~,\., ,,;':<l00 :J([:t'., ; ~_ ," ,11,.' 'I i...: ... '.. ,...:, I "~#, State 01 PennSYIVanl~/~S~ ?, _":::~:~~~:'>' \ County 01 CUn1berlantl J: " '."" ,,'.t \, " : Recorded In,the offi~~ ~! ,th.tr1lCp;dl(I~~ ~il;~: etc~ln and lor cum~..U,~;lnd' ql;p~.P,'~,t~,l< , In Book _ VoU 7/...2-::'P~~e": ' wit e~~,~ hand snd "ei&: f " ,il:tf,/J( - Carlisle, Pa_UiiS'>..L.J ~ <t&\.o ' . ;'1'9 ~ ,,\,:::,~ ~ .-- RecurdP;;---,. <, "'.- . BOOK 712 PACE 731 EXHIBIT C .,.' ''''\:, '\'." ~ l:tilt. . ; . ...' t I'" :-.:: .! ". ACT I.ETTER MAIUNCi N01'/F/C,17'1O,^,' P TAl" 'VI [ ERTlF AT F MAILI~ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIl. DOES NOT - PROVIDE FOR INSURANC(_PO!;TM4~nlf RlCllv,d F,om: James D. Martin fUL TON BANK / 29 East King Street -;- Lancaster, PA 17602 Afllll"ehorOlflllemp' n' rnfllll' no~I"q" and Onepllceolordinlrvmaillddrell.dlo: <,...NO / ""';'--3' f; .. ., ,..., I ,~ ;". ~1.o~'O '". ,ii!1;f:;; ...... Joseph M, Robitaille 127 East Cumberland Road Enola, P A 17025-2510 "~' . ~-_', .i -'....::..>/ PS Form 3817. Mar. 1989 GPO 1"3':1':>" "'1 U,S. POSTAL SEAVleE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSl' James D. Martin Received From: FULTON BANK 29 East King Street Lancaster, P A 17602 AfllxleohelOlnstamps ,.,.,....,...,"!'l......,.,.,...l I} I -1_ //~~~ '..- ':; U?g;~t.\ : ...-.. ~J!!JJ /.... l \, - "'-. ,-~, 1* ''-~/ Oneploc'" --"'..--.--" -...........".". Karen Maric Robitaille 127 East Cumberland Road Enola, PA 17025-2510 PS Form 3817, Mar. 1989 GPO 1993 0 - 151-051 " , , ! " I f j' ! " ! ~ I " ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at 1(800)342-2397 , . ~ LANOTIFICACION EN ADJU,~TO ES DE SUMA IMPORTANCIA. PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENlDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDlATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDlDA DEL DERECHO A REDlMIR SU HIPOTECA. .Fulton Bank People dedicated to your success,' ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ TillS NOTICE. YOU MAYBE ELIGIBLE FOR FINANCIAL ASSIST ~"ICE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. Date: January 5, 1998 RE: Account No,: 5700768075 TO: Joseph M. Robitaille Karen Mane Robitaille 127 East Cumberland Road Enola. PA 17025-2510 FROM: Fulton Bank 29 East King Str<..t Lancaster, PA 17602 You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary R..,;<:t"..ce if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary suy of the foreclosure on your mortgage for thirty (30) days from the dace of this Notice. During that time you mllst arrange and attend a "face-lo-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose afthis meeting is to attempt to work out a repayment plan. or to otherwise settle your delinquency. This meeting must occur in the next (30) days, If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting, The name, address and telephone number of our represenlative is: James 0, Manin Fulton Bank P,O, Box 4887 Lancaster, PA 17604 Telephone No: 717/291-2459 The names and address of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-co-face meeting, You should advise this lender immediately of your intentions. The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1(800)342-2397, Fulton Bank People dedicated to your success,' ACI' 91 NOTICE JANUARY S. 1998 PAGE J Your mongage is in default because you have failed to pay promptly IDstallmcnts of pnncipal and interest, as required. for a period of at lea" sixty (60) days, The total amount of the delinqoency is $(,.12,13, That sum includes the following: One (I) monthly payment of principal and interest in the :unount of $263,28, due for the month of December 1997: One (I) monthly payment of escrow items in the amount of 587,57, due for the month of December 1997; and a panial payment in the sum of 5264,96, due for the month of November 1997; totalling 5615,81, plus late fees in the sum of 526,32, (f you have tried and are unable to resolve this problem at or after your face-to-face m,..ting, you have the right to apply for financial assistance from the Homeowners' Emergency ~longage Assistance Fund, (n order to do this, you must fill out, sign and liIe a completed Homeowners' Emergency Assistance Application with one of tile designated consumer credit counseling agencies listed on the attachment, An application for assistance may pnly be obtained from a consumer credit counseling agency. The consumer cn:dit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency, Your application must be filed or postmarked, within thiny (30) days of your face-to-face meeting, It is extremely important that you file your application promptly, If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately, Available funds for emergency mongage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act, It is extremely important that your application is accurate and complele in t:very respect. The pCMSylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application, During that additional time. no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by that Agency of its decision on your application, The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 15530, Harrisburg, Pennsylvania 17105, Telephone No, (717) 780-3800 or 1-800-342-2397 (toll free number), Persons with impairL'd hearing can call (7J7l 780-1869, In addition you may receive another notice from this lender under Act 6 of 1974, Th.' notice is called a "Notice of Intention to Foreclosure", You must read both notices, since they both explain rights that you now have under Pennsylvania law, Hnwever. if you choose to exercise your rights described in th" notice, you cannot be '-'""'"," w"",,..= =ci,'., "''''ltt-"m--:--;b/:;7 / N.J ~rennan . Loan (kout Officer NJB:car cc: James R. Clippinger, Esquire The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1(800)342-2397, ttUlton Bank People dedicated to your success,. ACf 91 NOTICE JANUARY S. 1998 PAGE 4 THE FOLLOWING L1Sf CONSISTS OF THOSE COUNSELING AGENCIES WITHIN YOUR AREA, PLEASE CONTACT THEM FOR ASSISTANCE, CUMBERLAND COUNTY: Consumer Credit Counseling Service nf Western PA. Inc. 2000 LinglestoWD Road. Suite #30 I Harrisburg. P A 1711 0 Telephone No.: 717/541.1757 Financial Services Unlimited 117 West Third SlIeet Wayne,boro. PA 17101 Telephone No: 717n62-3285 Urban League of Metropnlitan Harrisburg 25 North Front SlIeet Harrisburg, PA 17101 Telephnne No: 717/234-5925 Fax No: 717/232-4985 YMCA OF CARLISLE 30 I G SlIeet Carlisle. PA 17013 Telephone No: 717/243.3818 Fax No: 717/243-3948 The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1(800l342.2397, p 398 12~ 044 I_J':" :"".';:1' ACT LET1'ER MAILlSli ;\,01JF1(,"'f'It/\' JO\t.'ph .\1 Hohlt,Hlll' I ,- I .. :<1.101 ( 'ulllht'rland RO;HI l:nob,l'1\ 17025-2510 Is your RETURN ADDRESS. completed on the reverse aide? C,.) ... ...(1) -0 ?' !" ' 1I,,~~~~~QQm en (fl:D ,... ~ ~ ~ tt =. ~;' Q. ~ ~ ~ Z ." )(10' cP :5 -J.... a.. fC>:IllIlJ.S-,<UV.C o n _ r:. n - ell:n' (,) (> <D (D m ~ g CD P .::: is' Z. ~ 'l 2'~ 5.;; ii::D ::I _ <: ~. "_7 '> 3c: ..c:~=:.:>. ~ ~ 8. :-: ~::"". ~. 8: i~ ~ 5 i i.o :: -:;::- !f" - r. (j) lR~ 13 e!-l'" _ ~ "Sa'! ~~~ ~ ~ CD "Sl ao~~ ~~ ~::_" ~ 8:ag r... [_' _ ~ 9.. ~ ~i v. . g' ~ c;::::: r." i '1 ~ ~~f' ~~~ i It '2 ~ ~ ~ ~ i ~ , ~ = ~ ;t?' ' g ~ . 1" ' i " 3 j : ~ ~ ~ o g ~ . .. , < S 3 ;; . 'OJI,,J;)5Idl l)Jal:l UJOlall B II) ulsn JOJ noA }fue'lJ. . '" ~ C ai <2t ~ p~.& ~ €:30 .~ ~.E 3i- \~.E 8 ~-g~ ~ 900 ~ .g ctl m ~iii ~::; ~ a: 0. \ ~ i! ~ a 'Q; (J Q) a: E ::> 1ii a: ,g en Q) E 8 - '" '" ,. !" < SO'..: ci ~ ; 1:;; ~ ~~ ~ <~ ~ -~~ g ~ }5a: . - ~ ti :5 ~ E ~ ;t'ii ~ ~ l ~i ~_ 4,.::,j . .. , ..~" .~ ~ "a.."2.~ (lr : f? I~' ; ~ ~'.~ < . u . . c o 3 CD ~ C:i :0 " E 3 ::D CD o CD -6' - '" t ~~~ o 0 '" o iii s; c.ll. "- \> \>.. <::, '\;. or, \ '8 . 3 ~ ~ ~ g ;; ~ .. o o ~ ~ ~ ~ .& 0 2';;'" 0::: 0 ~-g'" ~ "9 Vi ~~ B ::::~~ 5':'0 'g '$ - v-, ~ ..ri~ 0 eIl:E ~ 8 III ..fE~ i ~ ~ g t' ~ a:'''~ g!.:.2 '0'0 r, r...' U Ill" ..,.: - < - '" . Wii~ g g,:2 ~ ~ . < .Ii!. u; =-. m ~ ,... ~ft;;~.~~~~ ~ ~~ J ~ ~ fg wuoJ:liit~'EIb~ <( ~ l' Q 'B al J: cn...l.J:Q.~r=.~ . 0""1,0;; W a t: . C") -._-.:J a: .->elf lOPIS 8SJ9MU Q iii ~ 41 uo paUJ/dWDO S ~ ~ S3~aa\l N~n13!1 Jno~ 01 Thank you tor using Return Receipt Service. . Fulton Bank People dedicated to your success,. PO BOX ,.887 . L~NC\STER. P,\ 1760'. (717) 291-2459 Janua~1 5. 1998 Joseph M, Robitaille Karen Marie Robitaille 127 East Cumberland Road Enola, PA 17025-2510 RE: Mortgage Loan - Account ~5700768075 TO: JOSEPH M. ROBITAILLE AND KAREN MARIE ROBITAILLE NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Fulton Bank, (hereinafter we, us or ours) on your property located at 127 East cumberland Road, Enola, Pennsylvania, IS IN SERIOUS DEFAULT because VOll have not made One (1) monthlv oavrnent of princioal and interest in the amount of S263.28. due for the month of December 1997: One (1) monthl"! ca'rment of escrow items in the amount of $87.57. due for the month of December 1997; and a oartial oavrnent in the sum of $264.96. due for the month of November 1997: which total $615.81. Late charges have accrued to this date in the amount of $26.32. The total amount now required to cure this default, or in other words, get caught up with your payments, as of the date of this letter is $642,13, You mav cure this default within THIRTY (30) DAYS. of the date of this letter, bv oavino to us the above amount of $642.13. olus the additional mo~thlv oavment of $350.85 due Januarv 1. 199B. plus a late charae of $13.16. if this payment is not made by Januarv 16. 1998. Such payment must be made either by cash, cashier's check, certified check or money order and made at the Loan Review Department at Fulton Bank, 29 East King Street, Lancaster, Pennsylvania. If you do not cure the default within THIRTY (30) DAYS, 'He intend to exercise our rioht to accelerate the mortqaqe oavments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to inst~~ct our attorneys to start a lawsuit to foreclose your mortaaaed cronerty. If the mortqaoe is foreclosed. your mortqaoed oronertv will be sold bv the Sheriff to nav off the mortqaae debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If YOU cure the default within the thirty day period. vou will not be reauired to cav attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Such suit against you personally may also result in your mortgage being foreclosed and your mortgaged property being sold at Sheri ff . s sale. If we start the lawsuit to foreclose your mortgage, or if we sue you personally for the unpaid balance and all other sums due under the mortgage which may also result in foreclosure and sale of your mortgaged property. you have the right to assert in either of those lawsuits the nonexistence of a default or any other defense you may have to acceleration and foreclosure. Fulton Bank People dedicated to yoU! success.' NOTICE OF INTENTIOll TO FORECLOSE MORTGAGE January 5, 1998 Page 2 If you have not cured the detault within the thirty day period and foreclosure proceedings have begun, vou still have the riqht to cure the default and orevent the sale at any time un to one hour before the Sheriff's foreclosure sale. You may do 90 bv cavina the total amount of the unoaid monthly oavments C1Ud any late or other charaes then due. a8 well as the reasonable attorney's fees and costs connected with the foreclosure sale and oerform any other reauirements under the mortaaae. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately Seotember 2, 1998. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: Area Code 717/291-2459, This payment must be in cash, cashiers check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Dheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interests in the property. YOU HAVE TIlE RIGHT TO SELL TIlE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, YOU HAVE TIlE RIGHT TO HAVE THIS DEFAULT CURED BY ANY TIlIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure >=" ,.h"," ~". .- 00"00 doo. ,. "., :~7:,'7 ~;;Y/:/ ./ /l~( ,/ if I j" Nep J. Brennan Loan Workout Officer NJB:car I cc: James R, Clippinger. Esquire " L.. :.4 " '-.' ,,; "" .' '.' ::+;:'~~:,-/~:f~ ',-,'. ',. 'C';;""~"IA~ . . ~,. t', ''''''i!'l ,~, .~ ::1 J_ -::~';"." t-l'/:~ '~,-2: !J'J ' "-;,:)I:~\~;},.;..,.'::::..f.;'~~ /" ': ~J';:-'1,t ;!.""":~~l- (' /~,:' ::/:,,~,;~~~t{~}{I '. ..1,.'. 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"'IiI'o,O:O"tO'!;< . ~ :\:~t=\ \r!X'~_lo/,Y. , ',.....Q'~l t"it (t;;;."lD-~~ "~" .0 ~ ......;'" I't ,;?, ' '.J. <II, ""'!!!';;"l" 6'''~~~ 'rf):...l,~~~,~ '. <:I,I""~to.-'4<~:~ ' "'''','.';~l'~i)~O:~i1;~ <; . ,> '. .'I''''':;~fl\i>r.l ~",," l\ , '?, ~'-I; ,,_<'~.~:~;\ ~. ~l~ ,,~ .,',;, "I~~ I:.),/,;;tt':f,f,j,i.li~ .' -,' '. }'~.-:) ~"r': ,<'j"~t; 1..\..~?.t':..~1,l.;(.~~ . ;~~,;\.;, ~:'<?;~~'h> '8'.,,\, "~'~\" ._~ -.1,". ..~ . ..' ," ....~: ,~. '"I' :': " ,-, q".;::.' ,',' ~..; '( .';. -eo'; .", ".,' I"!, :'. , , . , , ! ~ r~r~<:~~ ",' 'r',> If,I .) Of S'- : (} e.t;,-L~ 9 'i; 4yu- - G. /lU:t...- ,~f'7 FIII.IO:-': BA;\lK, I'laintilT . I' '111'1'1)\ 'R I I II. ('( 1\1\1< 1:\ 1'1 h\S . I '{\IIlI'RI.."1> ('O{ XIY,I'I::\:\SYI\'..\,,:\ \'S. . :\() %.:'1).1'1 ('1\ Ii IL""ll JOSEPH NJ, ROBIIAII.I.!: and KAREN NJ, ROBITAII.I.E. Defendant . ('1\'11. ..\('110:\ -1..\\\' All'lDA \'IT Of SERUCE l'l,RSL\;'oiT TO Rl:LE 3129.2 COMMONWEALTH OF PENNSYI.V A1\IA SSe COUNTY OF DAUPHIN AND NOW. this 1st day o I' Decem her. IIiliS. personally appeared hcllll'e me. a Notary I'uhlie in and for said County and State. J..\MES R, ('I.IPI'I:-;(jER. I:SIJIIIRE. and fib this Anidavit on behalfofPlaintin: who docs an;nllthal as attorney ofreeDl'd Il,r Plaintiff. Fuhon Bank. hc did serve a truc and correct copy of a IlllpOriant Notice on Dcfcndant. Joscph NJ, Robitaille allll Karen M, Robitaille. in the U,S, First Class Mail. postage prepaid with attached Certificate of Mailing at Harrisburg. Pennsylvania on Deecmber I. 1')')8 to the Dcfendant's last know address as follows: Joseph M, Robitaillc and Karen M, Robitaille. 127 East Cumbcrland Road. Enola. Pennsylvania. 17D25-25I D. A true and corrcct copy ofthc Ceriilieate O\V1ailing is attachcd hcrcto as Exhibit "A", " ~.~\ l~L_ Swam to and subscribed before me this 1 st day of Dcccmber. 1')')8, Jal)les"R Clippinger. Es,q li~ \ /~~J~' Notary PI he My Commission Expires I066-l0/21153L NOTARiAL SEi\l. NMlC'( L. 8RESKl. Notary Public HarlistJ!Jr!J, 03IJrhll1 County r.,/ CQrnmissi0n Etpires rJlarch 16.2000 , , I i I I I I ! I , , , , i I , I I I I I I I Exhibit A "~ .', ',' ":"'; " ,:,',",' ".';:,':' "':, :',"', ,,' ',' '.',',' ", ' ""'4'-. '" ".' , . .' . .' .'. ',' ," FULTON BANK, Plaintiff : IN TilE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO, 98-5949 Civil Tenn JOSEPH M, ROBITAILLE and KAREN M, ROBITAILLE, Defendant : CIVIL ACTION - LA W DATE OF NOTICE: November 25, 1998 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE IIA FALTAlll) "N TOMAR MEDlDAS REQUERlDAS RESPECTO A ESTE CASO, SI USED NO AC)'IIA DENTRO DE DlEZ (10) DIAS DESDE LE FECHA DE EST A NOTICIA, ES I'OSIIlL" <)111: I'N FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y UST"I) 1'( JI )/(( 1\ PERDER SU PROPIEDAD 0 OTROS DERECI-lOS IMPORTANTES, USTED DEllE 1,L1'V AI( ESTA NOTICIA A SU ABOGADO EN SEGUlDA. DEBE LLEV AR ESTA NOTIClA A SI J ABOGADO EN SEGUJDA, SI usmD NO TIENE ABOGADO 0 NO TIENE CON OUE I'A( JAR LOS SERVICIOS DE UN ABOGADO, V A Y A 0 LLAME A LA OFICINA ESCRITA AllAH) PARA A VERIGUAR A DONDE USTED PUEDE OBTENER LA AUYDA LEGAL. CUMBERLAND COUNTY LA WYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 106(1)1)/20531