HomeMy WebLinkAbout03-1519IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
CIVIL DIVISION
NO.:
VS.
DAVID L. B~)WERMASTER and
KELLY J. BOWERMASTER a/k/a,
KELLI J. BOWERMASTER,
Defendants.
TO: DEFENDANT(s)
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED C~MPLAINT WITHIN TWENTY (20) DAYS
FROM SERVI ~REOF~FAULT'~1' JUDGMENT
MAY BE ENT
I ~BY CERT~ T~T T~ ~D~SS
OF T~ PLA~I~ IS:
P.O. Box 6010, 20 Sou~ Main S~et
Chm~mb~g, PA 17201
~D T~ D~E~ANT(S):
488 Furnac}~ ~OW Ro~
Shippens~~
A~O~
CERT~ICATE OF LOCATION
I HE.BY CE~T~Y T~T THE LOCATION OF
THE ~AL E~A~F~y mis LIEN IS
488 Furna~bu~, PA 17257
TYPE OF PLEADING
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF:
Farmers and Merchants Trust Company
of Chambersburg
Plaintiff,
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a
KELLI J. BOWERMASTER,
Defendants.
CIVIL DIVISION
NO.:
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty (20) days after this 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 SHOULD
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.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a
KELLI J. BOWERMASTER,
Defendants.
CIVIL DIVISION
NO.:
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a
KELLI J. BOWERMASTER,
Defendants.
CIVIL DIVISION
NO.'
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Farmers and Merchants Trust Company of Chambersburg, by its
attorneys, James, Smith, Durkin & Connelly LLP, files this Complaint in Mortgage Foreclosure
as follows:
1. The Plaintiff is Farmers and Merchants Trust Company of Chambersburg, which
has its principal place of business at P.O. Box 6010, 20 South Main Street, Chambersburg,
Pennsylvania 17201.
2. The Defendants, David L. Bowermaster and Kelly J. Bowermaster a/k/a Kelli J.
Bowermaster, are adult individuals whose last known address is 488 Furnace Hollow Road,
Shippensburg, Pennsylvania 17257.
3. On or about December 17, 1996, Defendants executed a Note in favor of Plaintiff
in the original principal amount of $74,400.00. A true and correct copy of said Note is marked
Exhibit "A", attached hereto and made a part hereof.
4. On or about December 17, 1996, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $74,400.00 on the premises hereinafter described, with said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on January 3, 1997, in Mortgage Book
Volume 1359, Page 379. A tree and correct copy of said Mortgage containing a description of the
premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof.
5. Defendants are the record and real owners of the aforesaid mortgaged premises.
6. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
7. On or about February 13, 2003, Defendants were mailed combined Notices of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices of Intention to
Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act,
Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. True and correct copies of said Notices
are marked Exhibit "C", attached hereto and made a part hereof.
8. The amount due and owing Plaintiff by Defendants is as follows:
Principal $70,553.00
Interest through 3/31/03 $ 2,955.15
Late Charges $ 157.98
Escrow Advance $ 783.72
Insurance $ 80.34
Attorney's Fees $ 1,250.00
Court, Sheriff and Title Costs $ 2,500.00
TOTAL $78,280.19
plus interest on the principal sum ($70,553.00) from March 31, 2003, at the rate of $14.74 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s)
do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will
obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be
assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading,
Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if
different from above.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $78,280.19, with interest thereon at the rate of $14.74 per diem from March 31, 2003 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale of the mortgaged premises.
JAMES, SM l*~l~I~~K & CONNELLY LLP
BY: ~
Scott A.~i& ~ritck, EsquirJ '~ 'e ~'~
Attorneys for Plaintiff
PA I.D. # 55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
~Loan Number
: 839
FIXED/ADJUSTABLE RATE NOTE
(1 Year Treasury Index - Rate Cap)
THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE
INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
December 17, 1996 Chambersburg
[da ~e] lcityl
Pennsylvania
Ista~el
488 Furnace Hollow Road, Shippensburg, PA 17257
[Property Address]
1. BORROWER'S PROM/SE TO PAY
In return for a loan that I have received, I promise to pay U.S. $
"principal"), plus interest, to the order of the Lender. The Lender is
Farmer~ and Merchants Trust Companyof Chambersburg
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
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 7.625 %. The interest rate I will pay will change in accordance with Section 4 of this. Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate ! will pay both before and after any
default described in Section 7(B)' of this Note.
74,400.00
(this amount is called
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 first day of each month beginning on November 1 ,
1997 . 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 October 1, 2027 , 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 mont~y payments at Farmers and Merchants Trust Company of
Chambersburg
(B) Amount of My Initial Monthly Payments or at a different place if required by the Note Holder.
Each of my initial monthly payments will be in the amount of U.S. $
may change. 526.60 . This amount
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate
that I must pay. The Note Holder will determine tny new interest rate and the changed amount of my monthly payment in
accordance with Section 4 of this Note.
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest rate I will pay will change to an adjustable interest on the first day of October ,
2007 , and the adjustable interest rate I will pay ,nay change on that day eve 12th
w. hich m.y ,alt,al fixed Interest rate changes to an adiustable rate ---~ ....... :- ry... mon!.h thereafter. The date on
change is called a "Change Date" on wmcn my aajustable interest rate could
[MIJI,'rlSTATE FIXED/ADJUSTABLE RATE NOTE-I YEAR TRF_.ASURY INDEX-Single Family-Fannie Mae/Freddie Mae Uniform Insbument
IEastern Form aszz
~rla ITEM 5746 (9408)
.,o,.,,0~ Page I of 4
5/94
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average
yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal
Reserve Board. The most recent Index figure available as of the date 45 days before the Change Date is called the
~Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
TI40 AND 3 / 4 percentage
points ( 2. 750 %),to the Current Index. The Note Holder will then round the result of this addition to the
nearest one-eighth of one percentage point (0.125%). Subject to the litnits stated in Section 4(D) below, this rounded
amount will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the
unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in
substantially equal payments. The result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 9.62 5 % or
less than 5. 625 %. Thereafter, my interest rate will never be increased or decreased on any single
Change Date by more than two percentage points (2.0%) from the rate of interest I have been paying for the preceding
12 months. My interest rate will never be greater than 'l 2.62 5 %.
(E) Effective Date of Changes ....
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment
beginning on the first monthly payment date after the Change Date until the amount of my monthly, payment changes
again.
(F) Notice of Clmnges
The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable
interest rate and of any changes in my adjustable interest rate betbre the effective date of any change. The notice will
include the amount of my monthly payment, any information required by law to be given me and also the telephone
number of a person who will answer any question I may have regarding the notice.
5. 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 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 dates of my monthly payments unless the Note Holder agrees in writing
to those changes. My partial prepayment may reduce the alnount of my monthly payments after the first Change Date
following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest
rate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums
already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make
tiffs refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces
principal, the reduction will be treated as a partial prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of
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 · 000 % of my overdue payment of principal and interest. I will pay this late charge promptly but
only once on each late payment.
Page 2 of 4
(B) Default
If I do not pay the full amount of each monthiy payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount
by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been
paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the
notice is delivered or mailed to me.
(D) 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. (E) Pa3anent of Note HoMer'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.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given
by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give
the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the
Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different
address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is tully 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 any one of us may be required to pay all of the amounts owed under this Note.
10. WAIVERS
I and any other person who has obligations under this Note waive 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.
1L UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to
the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the
same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises
that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make
immediate pay~nent in full of all amounts I owe under this Note. Some of those conditions are described as follows:
(A) UNTIL BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE
INTEREST RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 17 OF
THE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full
of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is
prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shah give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all
sums secured by this Security Instrument. If Borrower tails to pay these sums prior to the expiration of this period,
Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
Page 3 of 4
(B) WHEN MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTE~',
RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 17 OF THE
SECURITY INSTRUMENT DESCRIBED IN SECTION Il(A) ABOVE SHALL CEASE TO BE IN E~,
AND UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE DESCRIBED AS
FOLLOWS:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full
of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is
prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a)
Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if
a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will
not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security
Instrument is acceptable to Lender.
To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's
consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keel) all the promises and agreements made in the Note
and ia this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument
unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender _shall give Borrower notice of
acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or
mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
Borrower has executed and acknowledges receipt of pages 1 through 4 of this Note.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
David L. Bowermaster
~o~owcr Kelli g. Bowermaster Bo~o~r
(Seal)
Borrower
(Seal)
[Sign Original Only]
page 4 of 4
CONSTRUCTION LOAN PHASE RIDER TO NOTE
THIS CONSTRUCTION LOAN PHASE RIDER is made this i 7th day of December, 1996 and is incorporated and shall be deemed to
amend and supplement the Adjustable Rate Note (the "Note") together with any riders thereto of the same date given by the undersigned
(the "Borrower" whether there are one or more persons undersigned) to Farmers and Merchants Trust Company, its successors and
assigns ("Lender"). The original principal amount of the Note is $74,400.00 which is the amount'the Lender has committed to lend the
borrower (the "Loan").
CONSTRUCTION LOAN PHASE COVENANTS. Notwithstanding the covenants and agreements made in the Note,
Borrower and Lender covenant and agree as follows:
A, CONSTRUCTION LOAN PHASE. The time period from the date of the Note and lhis Rider to September 30, 1997
is hereafter referred to as the "Construction Phase". When the Construction Phase ends, the loan will convert to a permanent loan.
B. OPEN-END MORTGAGE SECURES FUTURE ADVANCES. The Mortgage secures future advances made by the
Lender including, without limitation, sums advanced by the Lender under the terms of thc Note and/or Construction Loan Agreement of
the same date hereof(together with any riders thereto, the "Construction Loan Agreement") by and among Lender, Borrower and Michael
Winge~t (The"Contractor"). The Note, Mortgage, Construction Loan Agreement and any and all other documents evidencing or securing
the Loan, together with any and all riders, amendments or modifications thereof are hereinafter collectively referred to as the "Construction
Loan Documents".
C. ACCELERATION; REMEDIlgS. The Lender may at its sole discretion require the Borrower to make payment in full of
aH principal, interest and other amounts owed to Lender under the Note and thc Mortgage, or exercise any and all other rights or remedies
Lender may have under the Construction Loan Docmnents should either of thc following occur:
(I) The Improvements as set forth in the Construction Loan Agreement are no~ completed by the Contractor by the end of the
Construction Phase as determined by an appraiser approved by Lender; or
(ii) Borrower is in default under the Note, Mortgage, this Rider or the Construction Loan Agreement.
D. PAYMENTS OF INTEREST DURING TI-[E CONSTRUCTION PHASE. The Borrower will pay to Lender monthly
payments of interest only at a yearly rate of 7.625 % on the outstanding principal balance. The Borrower will make these payments on
the fu-st day of each month beginning on February 1, i 997 and will make the interest pay~nents until the end of the Construction Phase.
Commencing on the in-st day of the full month following the terufination of the Construction Phase, Borrower shall make payments to
Lender of principal and interest as more fully set forth in the Note. Lender will bill Borrower for that interest, which must be paid to the
Lender by the due date. Failure by Bon'owea' to make scheduled interest payments to Lender during the Construction Phase shall constitute
an event of default trader the Construction Loan Documents.
All other terms and conditions of the Note and Mortgage are and shall remaha in full force and effect, except as modified herein. To the
extent the terms of the Note and Mortgage shall co~fflict with the terms hereof, the terms hereof shall control.
~~2~, .G BELOW, Borrower accepts and agrees to the terms and provisions contained in this Construction Loan Phase Rider.
/-- /__ / /~Witness~ \ ~ - - Borrower
~Se~)
Wimess Borrower
.(Se~)
Wimess Borrower
Pennsylvania - Construction Loan Phase Rider To Note CONRIDEN 91196
EXHIBIT "B"
WHEN RECORDED MAIL TO
Farmers and Merchants Trust CompanY.
20 South Main Street
Chambersburg, Pennsylvania 17201
Loan Number : 839
?,C£ERT P. ZtECLER
':~'- ~' ER
..:.,,ORD OF DEEDS
CUt4BERLAND COUNTY- PA
'97 JAN 3 AM 11 11
[SPACE ABOVE THIS LINE FOR RECORDING DATA]
MORTGAGE
TI:HR MORTGAGE (" Security Instrument") is given on December
The mortgagor is David L. Bowermaster and Kelli J. Bowermaster
17, 1996
("Borrower").T~s Secufitylnstrumentis~vento
Farmers and Merchants Trust Companyof Chambersburg ,
whichiso~anizedandefistingunderthelawsof Pennsylvania ,andwhoseaddressis
20 South Main Street, Chambersburg, Pennsylvania 17201
("Lender"). Borrower owes Lender the principal sum of
SEVENTY-FOUR THOUSAND FOUR HUNDRED DOLL3~RS AND 00/100
Dollars (U.S.$ 74,400.00 ). This debt is evidenced by Borrower's note dated the same date as this Security
Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on
October 1, 2027 . This Security Instrument secures to Lender: (a) the repayment of the debt
evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all
other sums, with interest, advanced under paragraph 7 to p~otect the security of this Security-Instrument; and (c) the
performance of Borrower's covenants and agreements'under this Security Instrument and the Note. For this purpose,
Borrower does hereby mortgage, grant and convey to Lender the following described property located in
South Newton, Cumberland County, Pennsylvania:
ALL THAT CERTAIN REAL PROPERTY AS MORE PARTICULARLY DESCRIBED
ON EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
which has the address of 488 Furnace Hollow Road
[street]
Pennsylvania 17257 ("Property Address");
[Zip Code]
PENNSYLVAN/A-Si.gle Family-Fmmie Mae/Freddie Mac UNIFORM INSTRUME~
,Eas'IP_FFI ITEM 1950 (9211) : './
5oftw~r~
ooK1359p 379
Shippensburg
[Oty]
Form 3039 9/90 (page I of 6 pages)
TOGETHER WITH all the improve~nents now or hereafter erected on the property, and all easements, Appurtenances, anc~
fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument.
All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER cOvENANTS that boi'rower is lawfully seised of the estate ·hereby conveyed and has the right to grant and
convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will
defend generally the title to the Property aga~?t .fi!! t:laims and demands, subject to any encumbrances of record. ~: .
THIS SECURITY INSTRUMENT combines uniform covenants for national us6 and non-uniform covenants;with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal
of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds~) for: (a) yearly taxes
and assessments which may attain priority over this Security Instrument as a lien on the Property;, (b) yearly leasehold payments
or ground rents on the Property, if any;, (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if
any;, (e) yearly mortgage insurance premiums, if any;, and (f) any sums payable by Borrower to Lender, in accordance with the
provisions of paragraph 8, in lieu Of the payment of mortgage insurance premiums. These items are called ~Escrow Items.'
Lender may, at any time, collect and hold FUnds in an amount not to exceed the maXimum amount a lender for a federally
related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of
1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another law that applies to th'e Funds sets a
lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may
estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items
or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including
Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the escrow
items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge.
However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by
Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law
requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and
Lender may agree in writing, however, that interest shall be paid 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 all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for
the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time
is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall
pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve
monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall pro~nptly refund to Borrower any Funds
held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the
Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this
Security Instrmnent.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1
and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2;
third, to interest due; fourth, to principal due; and last, to any late charges due under the note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property
which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these
obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the
person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If
Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien
by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to
this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice ....... ,
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage' and any other hazards, including floods or
flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods tliat Lender
'g Kq
Form 3039 9/90 (page 2 of 6 pages)
requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not
be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage
to protect Lender's rights in the Property in aecordanco with paragraph 7..
haVe the right to :hold the pOlicies and reneWals..If.Lender ' ' ' ' '
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall
· requires' B°rr°~ver Shall promptly give to Lender ali reCeiPts Of Paid
premmms and renewal notices. In the event of lOSS, Borrower shall give p'r0mpt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower.
Unless Lender and BOrrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or
repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property,
or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may
collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this
Security Instrument, whether or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone
the due date of the monthly payments tel;erred to 'in paragraPlis I and 2 or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender, .Borrower's right to any insurance Policies and proceeds resulting from damage to the
Property prior to the ·acqUisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately
prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower
shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security
Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of
occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are. beyond Borrower's control. . Borrower .shall not destroy, damage or impair the Property, allOw the
Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,
whether civil or criminal, !s begun that~ !n Lendeffs good faith judgment could ,result in forfeiture of the Property or otherwise
materially impair the lien created by this Security Instrument or Lender's security' interest. Borrower may cure such a default and
reinstate, as provided in paragraph 18, by causing the action or proceeding 'tO be dismissed with a ruling that, in Lender's good faith
determinati0nJ, precludes forfeiture of the BorroWer's interest in the Proper,tY or other material impairment of the llen created by'
this Security .Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application'
process, gave materially false or inaccurate Information or statements .to Lender (or faded to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's
°eeupaney of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the
provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this
Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding
in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever
is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums
secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering
on the Property to make repairs. Aithgugh Lender may take action under this paragraph 7, Lender does not have to do
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security
Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of
disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment.
8. Mortgage Insurance. ff Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance t~reviously
to Borrower of the mortgage' insurance previously in effect, from an alternate in effect, at a cost substantially equivalent to the cost
mortgage insurer approved by Lender. If substantially
equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of
the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect.
Lender will: accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no
longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender
requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums
required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in
accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award of claim for damages, direct or consequential, in connection with any
Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -- Uniform Covenants 9/90 (page 3 of 6 pages)
condemnation or other taking of any part Of the Property, or for conveyance in lieu'of condemnation, 'are hereby' assigned and Shall
be paid to Lender.' ' :
In the event of a' total taking of the Property, the proceeds shall be applied to the sums secured by this Security"Instrument,
whether or 'not then due,~ with any'excess 'paid to Borrower. In the event of a partial taking of the Property in which the fair market
value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security
Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums
secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any
balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property
immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and
Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by
this Security Instrument whether or.not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an
award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender
is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Prol~rty or to the sums secured
this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to. principal shall not eXtend or postpone
the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of
amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not
operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to
commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of
the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in
interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right
or remedy.
12. Successors and Assigns Bound; Joint and Sevexal Liability;, Co-signers. The covenants and agreements of this Security
Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17.
Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not
execute the Note: (a) is co-sighing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the
Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations
with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that
law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed
the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
limit; and (b) any sums already collected from Borrower which exceeded permitted limit~ will be refunded to Borrower. Lender may
choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund
reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by
first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any
other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address
stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument
shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law;, Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in
which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with
applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect
without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of.the Property or any interest in it is sold
or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's
prior written consent, Lender may, at its option, required immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the dat? of this Secudty
Instrument.
If Lender exercises this r~ption, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less
than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by
this Security Instrument without further notice or demand on Borrower.
18. Borrmver's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of
this Security Instrument discontinued at any time prior to the earlier of:(a) 5 days (or such other period as applicable law may
Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - Uniform Covenants 9/90 (page 4 of 6 pages)
gpeeify 'for ieinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b)
entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then
would be due under this Security Instrument and the Note as it' no acceleration had occurred; (b) cures any default of any other
covenants or agreements; (e) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to,
reasonable attorneys~, fees; and (d) takes such action as .Lender may reasonably require to assure that. the lien of.this Security
Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security. Instrument Shall
continue unchanged,. Upon reinstatement by Borrower, this Security Instrument and the obligations: secured :hereby shah xemain
fully effective, as if do acceleration :had occurred. However, this right to reinstate shall not apply in the case~ of acceleration under
paragraph 17.~ .~ : . . _ :. :
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in-the Note (together with this SecuritY' Instrument)
may be, sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the 'Loan
Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may be one. or more
changes, of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given
written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and
address of the new Loan Servicer and the address to wlfich payments should be made. The notice will also contain any other
information required by applicable law.
20. I:[aTardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property
that is in violation of any Environmental La,.w. The preceding two sentences shall not apply to the presence, use, or storage on
the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential
uses and to maintenance of the Property,,
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of
which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any
removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, ~Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the' tbllowing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile soNents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
this paragraph 20, ~Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate
to health, safety or environmental protection.
'NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agre6 as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any
covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law
provides otherwise). The notice shall specif~: (a) the default; (b) the action required to cure the default; (c) a date, not less than
30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default
on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instnunent,
foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after
acceleration 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 default is not cured on or before the date specified in the notice, Lender at its option may
require immediate payment in full of all sums secured by this Security Instnm~ent ~Sthout further demand and may foreclose this
Security Instrument by judicial proceedhag. Lender shah be entitled to collect ali expenses incurred in pursuing the remedies
provided in this paragraph 21, including, buy not ihnited to, attorneys' fees and costs of title evidence to the extent permitted by
applicable law.
22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed
shall terminate and become void. After such occurrence, Lender shah discharge and satisfy this Security Instrument without charge
to Borrower. Borrower shall pay any recordation costs.
23. Waiver. Borrower, to the extent permitted by applicable law,~waives and releases, any error or defects in proceedings to
enforce this Security Instrument, and hereby waives the benefit of any present or'future laws providing for stay of execution,
extension of time, exemption from attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in .paragraph 18 shall extend :to one hour prior to the
commencement of bidding at a sheriffls sale pursuant to this Security Instrument'.. .' ' ~. '. · '
25. Purchase Money Mortgage. if any of the debt secured by this Security Instrument is lent to Borrower to acquire title to
the Property, this Security Instrument shall be a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or
in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
00 359m£ 383
Form 3039 9/90 (page 5 of 6 pages)
27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shah amend and supplement
the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)l
Adjustable Rate Rider
['~ Condominium Rider
[-'-] Graduated Payment Rider
[~] 1-4 Family Rider
~-] Planned Unit Development Rider [---] Biweekly Payment Rider
. . [--] Rate Improvement Rider ~ Second Home Rider
construction Loan Phase Rider t0 Mortgage
[---] Balloon Rider
Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in pages 1 through 4 of this Security Instrument and
in any rider(s) executed by Borrower and'recorded with it.
J ' / ' / t F////fx~~-- ' vid vL. Bowermaster ~m~.,
~ _~//. . . Kelli ~. Bowermaster
(Seal)
(Seal)
Borrower
(Seal)
Borrowel'
COMMONWEALTH OF PENNSYLVANIA, Frankl in County ss:
On this, the /"7 day of ~ e_. /":/ ~' ~', before me, O._ _.~Z'~t_,.j, ~ c_
the undersigned officer, personally appeared David L. BoWermaster and
Kelli J. Bowermaster
known to me (or satisfactorily proven)
to be the person S whose name8 &re subscribed to the within instrument and acknowledged
that they executed tt~e same for the purpose therein Contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
My Commission expires:' Notarial Seal
Virginia M. Seger, Notary Public I
Chambemburg Boro, Franklin County
My Commission Expires Sept. 18 1999]
~mt~,~~o~
CERTIFICATE OF RESIDENCE I, Phyllis J.
Title of Officer
do hereby certify that the correct address of the within named lender is
Chambersburg,
20 South ~ain Street,
,t n .e'bs~ ~~'~t h day of
Pennsylvania 17201
December 1996
'PAh~e~:3ne~e: ~f~sley
384
Form 3039 9/90 (page 6 of 6 pages)
EXHIBIT A
Description of Real Estate:
ALL that certain piece or parcel of ground lying and being
situate in South Newton Township, Cumberland County, bounded and
described as follows:
BEGINNING on the North by land now or formerly of
Andrew L. Bughman; on the South by land now or
formerly of Jacob C. Russell and Big Pond Furnace;
and on the West by land now or formerly of Andrew L.
Bughman.
CONTAINING 2 acres.
BEING the same real estate which Linda K.
Bowermaster, a/k/a Linda K. Krebs and Galen Krebs,
her husband and Scott Bowermaster and Tara
Bowermaster, husband and wife, and Larry Bowermaster
and Teresa Bowermaster, husband and wife, and David
L. Bowermaster and Kelli J. Bowermaster, a/k/a Kelly
J. Bowermaster, husband and wife, by deed dated Sep-
tember 23, 1996, and recorded in Cumberland County,
Pennsylvania in Deed~Book Volume 146, Page 935, con-
veyed to David L. Bowermaster and Kelli J.
Bowermaster, a/k/a Kelly J. Bowermaster, husband and
wife, Mortgagors herein.
F&M Trust
51
11/92
385
(4) Calculation of Changes ~, :
Before each Change Date, the Note Holder will calculate my new interest rate by adding
TWO AND 3/4
percentage points ( 2. 750 %) to the Current Index. The Note Holder will then round the result of this
addition to the nearest
(You mu~t check one box and fill in any appropriate rounding value)
[] one-eighth of one percentage point (0.125%).
[] of one percentage point ( '%).
Subject to the limits stated in Section A(5). on page two, this rounded amount will be my new interest rate until the
next Change Date.
The Note Holder will then determine the amount of the scheduled payment that would be sufficient to repay the
unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in
substantially equal payments. The result of this calculation will be the new amount of my scheduled payment.
(5) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 9.625 %
or less than 5.6 2 5 %. Thereafter, my interest rate will never increase or decrease on any single Change
Date by more than TWO
percentage point ( 2.0 0 0 %) .from the rate of interest I have been paying for the preceding period.
(You rnu$t check one box and fill in the appropriate limit(s))
[--]My interest rate will never be greater than %.
[~]My interest rate will never be greater than 12.6 2 5 % or less than 2.6 2 5 %.
(6) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new scheduled
payment beginning on the first scheduled payment date after the Change Date until the amount of my scheduled
payment changes again.
(7) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my
scheduled payment before the effective date of any change. The notice will include information required by law to be
given me and also the title and telephone number of a person who will answer any question I may have regarding the
notice.
B. LOAN CHARGES
It could be that the loan secured by the Security Instrument is subject to a law which sets maximum loan charges
and that the law is interpreted so that the interest or other loan charges collected or to be collected in connection with
the loan would exceed permitted limits. If this is the case, then: (A) any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and (B) any sums already collected from Borrower which
exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the
principal owed under the Note or by making a 'direct payment to Borrower.
c. PRtOR LmNs
If Lender determines that all or any part of the sums secured by this Security Instrument are subject to a lien which
has priority over this Security Instrument, Lender may send Borrower a notice identifying that lien. Borrower shall
promptly act with regard to that lien as provided in paragraph 4 of the Security Instrument or shall promptly secure an
agreement in a form satisfactory to Lender subordinating that lien to this Security Instrument.
D. TRANSFER OF ~ PROPERTY
If there is a transfer of the Property subject to paragraph 17 of the Security Instrument, Lender may require (1) an
increase in the current Note interest rate, or (2) an increase in (or removal of) the limit on the amount of any one
interest rate change (if there is a limit), or (3) a change in the Base Index figure, or all of these, as a condition of
Lender's waiving the option to accelerate provided in paragraph 17.
ADJUSTABLE RATE LOAN RIDER
[~fft~t'~m Item 7347 (9111)
Page 2 of 3
.B00K:t359 387
ADJUSTABIJZ RATE LOAN RIDER
Loan Number : 839
NOTICE: THF~ SECURITY INSTRUMENT SECURES A NOTE WHICH CONTAINS A
PROVISION ALI,OWING FOR CHANGES IN THE INTEREST RATE. INCREASES IN
THE INTEREST RATE WH,I, RESULT IN HIGllF~R PAYMENTS. DECREASES IN THE
INTEREST RATE WILL RESULT IN LOWER PAYMENTS.
Words, numbers or phrases preceded b), a [] are applicable only if the [] is marked, e.g. []
This Rider is made this 17th day' of December 1996 , and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure
Debt (the "S ' "
ecunty Instrument ) of the same date given by the undersigned (the "Borrower") to secure Borrower's Note
to
Farmers and Merchants Trust Companyof Chambersburg
(the "Lender") of the same date (the "Note") and covering the nroperty described in the Security Instrument and
located at
488 Furnace Hollow Road, Shippensburg, PA 17257
(Property
Modifications. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender
further covenant and agree as follows:
A. INTERE~ RATE AND SCHEDULED PAYMENT CHANGES
(1) Initial Interest Rate
The Note provides for an "Initial Interest Rate" of 7. 625
interest rate and the scheduled payments.
%. The Note provides for changes in the
(2) Change Dates
Each date on which my interest rate could change is called a "Change Date."
(You must check one box and fill in the appropriate in/ormcaion)
[] The Note interest rate may change on the first day of the tnonth beginning on October 1, 2007
and on the first day of the month every 12 months thereafter.
[] The Note interest rate may change on the day of the month beginning on
and on that day of the month every months thereafter.
[] The Note interest rate ~nay change
and on every thereafter.
(3} The Index
Changes in the interest rate are governed by changes in an interest rate index called the "Index". The Index is:
Weekly average yield on U.S. Treasury Securities adjusted to a
constant maturity of one year
The most recent Index figure available as of the date [] 45 days []
is called the. "Current Index".
days before each Change Date
If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable
information. The Note Holder will give me notice of this choice.
ADIUSTABLE RATE LOAN RIDER
50[tW-dl~ Item 7347 (9111)
Page 1 of 3
oo 1359 386
By signing this, Borrower agrees to all of the above.
uavid L. Bowermas~er ~
Kelli
Bowermaster
ADJUSTABLE RATE LOAN RIDER
~ Item 7347 (9111)
Page 3 of 3
CONSTRUCTION LOAN PHASE RIDER TO MORTGAGE
OPEN-END MORTGAGE - THIS MORTGAGE SECURES FUTURE ADVANCES
THIS CONSTRUCTION LOAN PHASE RIDER is made tiffs 17th day of December, 1996 and is incorporated into and shall be deemed
to amend and supplement the Mortgage and Scctn-ity Agreement of the same date together with any riders, the "Note" and, the "Mortgage"
given by the undersigned (the "Borrower" whether there are one or more persons undersigned) to secure Borrower's. Adjustable Rate Note
to Farmers and Merchants Trust Company, its successors and assigns ("Lender") in the original principal amount of $74,400.00 (The
"Loan") of the same date and covering the property described in the Mortgage and located at: 488 Furnace Hollow Road, Shippensburg
Pennsylvania 17257.
CONsTRucTION LOAN PI-[ASE COVENANTS. In addition' to the eovemmLs and agreements made in the Mortgage,
Borrower and Lender further covenant and agree as tbllows: ' '
1997
loan.
A. CONSTRUCTION LOAN PHASE. The time period from the date of the Mortgage and this Rider to September 30,
is hereafter referred to as the "Constmctic~n Phase". When the Construction Phase ends, the loan will convert to a permanent
B. OPEN-END MORTGAGE SECURES FUTURE ADVANCES. The Mortgage and the Rider secures future advances
made by the Lender under the terms of the Mortgage and/or Construction Loan Agreement of the same date here (together with any riders
thereto, the "Construction Loan Agreement") of by and among Lender, Borrower and Michael Wingert (the "Contractor") The Note,
Mortgage, Construction Loan Agreement and any and all other documents evidencing or securing the Loan, together with any and all riders,
amendments or modifications thereof are hereafter collectively referred to as the "Construction Loan Documents".
C. ACCELERATION; REMEDIF. S. The Lender may at its sole discretion require the Borrower to make payment in full
of all principal, interest and other amounts owed to Lender under the Note and the Mortgage, or exercise any and all other rights or
remedies Lender may have under the Construction Loan Docmnents should either of the following occur:
(i) The Improvements as set forth in the Construction Loan Agreement are not completed by the Contractor by the end of the
Construction Phase as determined by an appraiser approved by Lender; or
(ii) Borrower is in default under the Note, Mortgage, this Rider or the Construction Loan Agreement.
All other terms and conditions of the Note and Mortgage are and shall remain in full lbrce and effect, except as modified herein. To the
extent the terms of the Note and Mortgage shall conflict with the terms hereof, the terms hereof shall control.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions coutamed ha fils Construction Loan Phase Rider.
Witness
' /f Borrower
~:[~rded i~?e off~ce for the recordhiu of Deeds
;~~' ~n a~d ~be~nd Cou~_~ -
(Seal)
(Seal)
Borrower
CoN[nEJk,I 9/96
389
EXHIBIT "C"
7106 4575 1292 3060 2729
7106 4575 1292 3060 2521
Date: 02/13/2003
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able tu
help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMF. R CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with yo~,
when you meet with the Coufi.qeling Agency.
The name, address, and phone number of Consumer Credit Counseling Agencies serving yon.
.County are listed at the end of this Notice. If you have any questions, you may call th~
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869),
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be
able to help you f'md a lawyer.
LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENDIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
HOMEOWNER'S NAME (S):
PROPERTY ADDRESS:
LOAN ACCOUNT NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
David L. Bowermaster
Kelli J. Bowermaster
488 Furnace Hollow Road
Shippensburg, PA 17257
0240012098
Farmers and Merchants Trust Company
Farmers and Merchants Trust Company
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUI~
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU CAN COMPLY WITH THE PROVISION OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE UACT"), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
*IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
*IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
*IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a
~face-to-facen meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THI~
NOTICE CALLEDnHOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the
date of this meeting. The names, addresses, and telephone numbers of desi, ,t, nated consumer credit counselinp.
agencies for the county in which the property is located are set forth at the end of thi.q Notice. It is only necessary to
schedule one face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) If you have tried and are
unable to resolve this problem with the lender, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed
Homeowner's Emergency Assistance Program application with one of the designated cgnsumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the
program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application. During that 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
the Pennsylvania Housing Finance Agency of its decision on your application.
INOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND
SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)l
NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at 488
Furnace Hollow Road, Shippensburg, PA 17257, IS SERIOUSLY IN DEFAULT because you have failed to pay
promptly installments of principal and interest, as required, for a period of at least sixty (60) days.
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months of October
2002 through February 2003. The following amounts are now past due:
Principal $ 391.47
Interest $2,241.53
Other Charges:
Legal Fees $ 50.00
Late Charges $ 131.65
Insurance $ 66.95
Escrow $ 600.46
TOTAL AMOUNT PAST DUE: $3,482.06
HOW TO CURE ~ DEFAULT--you may cure the default within THIRTY (30) DAYS of
the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $3,482.60 PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PER/OD.
Payments must be made either by cash, cashier's check, certified check or money order ma&,
payable and sent to:
FARMERS AND MERCHANTS TRUST COMPANY
P.O. BOX 6010
150 LINCOLN WAY EAST
CHAMBERSBURG, PA 17201
IF YOU DO NOT CURE TIlE DEFAULT--If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the
~ debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total mount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal 'action to foreclose upon your mortgaged
property.
IF THE MORTGAGE .IS FORECLOSED UPON-- The mortgaged property will be sold by
the Sheriff to pay off the mortgage debt. If the lender refers this ease to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorneys' fees that were actually incurred, up to $50.00.
However, 'if legal proceedings are started against you, you will have to pay all reasonable
attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorneys' fees
will be added to the amount that you owe the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY (30) DAY period, you will not bt,
required to pay attorneys' fees
OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid
balance and all other sums due under the mortgage.
RIGHT TO CURE TIIF. DEFAULT PRIOR TO SIIERIFF'S SALE--If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you
still have the right to cure the default and prevent the sale at any time up to one hour before th~:
Sheriff's Sale. You may do so by paying the total amount then past due, plus any !ate or othe,
charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and
any other costs connected with the Sher/ffq' Sale as specified in writing by the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that
such a Sheriffs' Sale of the mortgaged property could be held would be approximately six
months from the date of this Notice. A notice of the actual date of the Sheriffs' 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 or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Farmers and Merchants Trust Company
150 Lincoln Way East, P.O. Box 6010
Chambersburg, PA 17201
717-261-3641
717-261-3646
Lorie M. Heckman
EFFECTS OF SHERIFF'S SALE--You should realize that a Sheriffs' Sale would end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriffs' Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time. '
ASSUMPTION OF MORTGAGE--You may not sell or transfer your home to a buyer or
transferee that will assume the mortgage debt.
YOU MAY HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER
LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON
YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF
NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT.
(HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR.
DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY
FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED
UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
FINANCIAL SERVICES UNLIMITED
550 Cleveland Avenue
Chambersburg, PA 17201
717-261-1708
Franklin, Fulton, Cumberland, Adams, Perry Counties
CONSUMER CREDIT COUNSELING SERVICES OF WESTERN PA, INC.
^).
2000 Linglestown Road
Harrisburg, Pa 17102
717-541-1757
Adams, Cumberland, Dauphin, Perry and York Counties
B). 912 South George Street
York, PA 17403
717-846-4176
York, Adams Franklin and Lancaster Counties
YWCA OF CARLISLE
301 G. Street
Carlisle, PA 17013
717-243-3818
Fax # 717-243-3948
Cumberland, Franklin and Perry Counties
VERIFICATION
I, Lode Heckman, Credit Recovery Officer, on behalf of Farmers and Merchants Trust
Company of Chambersburg, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904
relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint
in Mortgage Foreclosure are tree and correct to the best of my information, knowledge and
belief.
a/~, Credit ke~overy Officer
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01519 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS AND MERCHANTS TRUST CO
VS
BOWERMASTER DAVED L ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
BOWERMASTER DAVID L the
DEFENDANT
at 488 FURNACE HOLLOW ROAD
, at 1901:00 HOURS, on the 3rd day of April , 2003
SHIPPENSBURG, PA 17257
by handing to
DAVID BOWERMASTER
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this /0~ day of
~2~33 A.D.
/ ; ~rothonotar~
So Answers:
R. Thomas Kline
04/07/2003
JAMES SMITH DURKIN CONNELLY
By:
/
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2003-01519 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FARMERS AND MERCHANTS TRUST CO
VS
BOWERMASTER DAVED L ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
BOWERMASTER KELLY J AKA KELLI J BOWERMASTER but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
the within named DEFENDANT
J BOWERMASTER
, NOT FOUND , as to
, BOWERMASTER KELLY J AKA KELLI
488 FURNACE HOLLOW ROAD
SHIPPENSBURG, PA 17257
NOT AT 488 FURNACE HOLLOW ROAD SHIPPENSBURG
NO FORWARDING ADDRESS AT POST OFFICE.
Sheriff's Costs:
Docketing 6.00
Service .00
Not Found 5.00
Surcharge 10.00
.00
21.00
R. Thomas Kline
Sheriff of Cumberland County
JAMES SMITH DURKIN CONNELLY
04/07/200B
Sworn and subscribed to before me
this /D~ day of ~
~ ~ A.D.
P rfp ~n[~-t a y ~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
CIVIL DIVISION
NO.: 0.,~ --
VS.
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a,
KELLI J. BOWERMASTER,
Defendants.
TO: DEFENDANT(s)
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED ~ ~MPLAINT WITHIN TWENTY (20) DAYS
FROM SERVIt~JUDGMENT
MAY BE
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
P.O. Box 6010, 20 South Main Street
Chambersburg, PA 17201
AND THE DEFENDANT(S):
488 Furnac~ l~ow aoa~x
Shippensb~
CERTIFICATE OF LOCATION
[ HEREBY CERTIFY THAT THE LOCATION OF
THE
REAL
E,S~FAT .~/~F~VY THIS LIEN IS
488 Furna~burg' PA 17257
-
TYPE OF PLEADING
CWIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF:
Farmers and Merchants Trust Company
of Chambersburg
Plaintiff,
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
TRUE COPY FROM RECORD
I~ Test~y v~i~reof, i t,,~a umo sst my t.and
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a
KELLI J. BOWERMASTER,
Defendants.
CIVIL DIVISION
NO.:
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty (20) days after this 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 SHOULD
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.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990..9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
DAVD L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a
KELLI J. BOWERMASTER,
Defendants.
CIVIL DIVISION
NO.:
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a
KELLI J. BOWERMASTER,
Defendants.
CIVIL DIVISION
NO.:
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Farmers and Merchants Trust Company of Chambersburg, by its
attorneys, James, Smith, Durkin & Connelly LLP, files this Complaint in Mortgage Foreclosure
as follows:
1. The Plaintiff is Farmers and Merchants Trust Company of Chambersburg, which
has its principal place of business at P.O. Box 6010, 20 South Main Street, Chambersburg,
Pennsylvania 17201.
2. The Defendants, David L. Bowermaster and Kelly J. Bowermaster a/k/a Kelli J.
Bowermaster, are adult individuals whose last known address is 488 Furnace Hollow Road,
Shippensburg, Pennsylvania 17257.
3. On or about December 17, 1996, Defendants executed a Note in favor of Plaintiff
in the original principal amount of $74,400.00. A true and correct copy of said Note is marked
Exhibit "A", attached hereto and made a part hereof.
4. On or about December 17, 1996, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $74,400.00 on the premises hereinafter described, with said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on January 3, 1997, in Mortgage Book
Volume 1359, Page 379. A true and correct copy of said Mortgage containing a description of the
premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof.
5. Defendants are the record and real owners of the aforesaid mortgaged premises.
6. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
7. On or about February 13, 2003, Defendants were mailed combined Notices of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices of Intention to
Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act,
Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. True and correct copies of said Notices
are marked Exhibit "C", attached hereto and made a part hereof.
8. The amount due and owing Plaintiff by Defendants is as follows:
Principal $70,553.00
Interest through 3/31/03 $ 2,955.15
Late Charges $ 157.98
Escrow Advance $ 783.72
Insurance $ 80.34
Attomey's Fees $ 1,250.00
Court, Sheriffand Title Costs $ 2,500.00
TOTAL $78,280.19
plus interest on the principal sum ($70,553.00) from March 31, 2003, at the rate of $14.74 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s)
do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will
obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be
assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading,
Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if
different from above.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $78,280.19, with interest thereon at the rate of $14.74 per diem from March 31, 2003 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale of the mortgaged premises.
JAMES, SM ~CONNELLY LLP
BY: ~
Scott A.~i~ ,~ritck, Esquir" ' -'"'~ ' e ~"
Attorneys for Plaintiff
PA I.D. # 55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
.Loan Number : 839
FIXED/ADJUSTABLE RATE NOTE
(1 Year Treasury Index - Rate Cap)
THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE
INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
December 17, 1996 Chambersburg Pennsylvania
[da tel l¢ilyl [sm tel
74,400.00
488 Furnace Hollow Road, Shippensburg, PA 17257
[Proper~y Addressl
1. BORROVYER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $
'principal'), plus interest, to the order of the Lender. The Lender is
Farmers and Merchants Trust Companyof Chambersburg
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder.'
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 7.62 5 %. The interest rate I will pay will change in accordance with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any
default described in Section 7(BJ of this Note.
(this amount is called
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 first day of each mouth beginning on November 1 ,
1997 . 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 October 1, 2 027 , 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 Farmers and Merchants Trust Company of
Chambersburg
or at a different place if required by the Note Holder.
(B) Amount of My Initial Montlfly Payments
Each of my initial monthly payments will be in the amount of U.S. $ 526.60 . This amount
may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate
that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in
accordance with Section 4 of this Note.
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest rate I will pay will change to an adjustable interest on the first day of October ,
2007 , and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on
which my initial fixed interest rate changes to an adjustable rate, and each date on which my adjustable interest rate could
change is called a 'Change Date."
MULTISTATE FIXED/ADJUSTABLE RATE NOTE-I YEAR TREASURY INDEX-Single Family-Fannie Mae/Freddie Mac Uniform Instrument
[]East~lTI Form ~22
'~'tl/'~r~'la ITEM 5746 {9408) Page I of 4
5/94
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average
yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal
Reserve Board. The most recent Index figure available as of the date 45 days before the Change Date is called the
"Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
TWO /LI~ID 3 / 4 percentage
points ( 2. 750 %).to the Current Index. The Note Holder will then round the result of this addition to the
nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded
amount will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the
unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in
substantially equal payments. The result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 9.625 % or
less than 5. 625 %. Thereafter, my interest rate will never be increased or decreased on any single
Change Date by more than two percentage points (2.0%) from the rate of interest I have been paying for the preceding
12 months. My interest rate will never be greater than 3_2.625 %.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amonnt of my new monthly payment
beginning on the first monthly payment date after the Change Date until the amount of my monthly, payment changes
again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable
interest rate and of any changes in my adjustable interest rate befbre the effective date of any change. The notice will
include the amount of my monthly payment, any information required by law to be given me and also the telephone
number of a person who will answer any question I may have regarding the notice.
5. 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 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 dates of my monthly payments unless the Note Holder agrees in writing
to those changes. My partial prepayment may reduce the amonnt of my monthly payments after the first Change Date
following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest
rate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums
already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make
this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces
principal, the reduction will be treated as a partial prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges 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 · 000 % of my overdue payment of principal and interest. I will pay this late charge promptly but
only once on each late payment.
Page 2 of 4
(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) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount
by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been
paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the
notice is delivered or mailed to me.
(D) 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. (E) 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.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given
by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give
the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the
Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different
address.
9. 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 any one of us may be required to pay aLI of the amounts owed under this Note.
10. WAIVERS
I and any other person who has obligations under this Note waive 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.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to
the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the 'Security Instrument'), dated the
same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises
that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make
immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows:
(A) UNTIL BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE
INTEREST RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 17 OF
THE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full
of all sums secured by this Security In~rument. However, this option shall not be exercised by Lender if exercise is
prohibited by federal law as of the date of tiffs Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all
sums secured by this Security Instrument. If Borrower t~ails to pay these sums pri.or to the expiration of this period,
Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
Page 3 of 4
(B) V~q-IEN MY INITIAL FIXED INTE~ RATE CHANGES TO AN ADJUSTABLE INTEREST'
RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 17 OF THE
SECURITY INSTRUMENT DESCRIBED IN SECTION Il(A) ABOVE SHALL CEASE TO' BE IN EFFECT,
AND UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE DESCRIBED AS
FOLLOWS:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full
of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is
prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if:. (a)
Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if
a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will
not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security
Instrument is acceptable to Lender.
To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's
consent to the loan assumption. Lender also may reqnire the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note
and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument
unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender.shall give Borrower notice of
acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or
mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
Borrower has executed and acknowledges receipt of pages 1 through 4 of this Note.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
~.-~~ (Seal) (Seal)
Kelli
Bowermaster
Borrower
David L. Bowermaster Bo~ow~r ,./~.
(Seal)
Borrower
(Seal)
Borrower
[Sign Original Only]
page 4 of 4
CONSTRUCTION LOAN PHASE RIDER TO NOTE
THIS CONSTRUCTION LOAN PHASE RIDER is made this i 7th day of December, 1996 and is incorporated and shall be deemed to
amend and supplement the Adjustable Rate Note (the "Note") together with any riders thereto of the same date given by the undersigned
(the "Borrower" whether there are one or more persons undersigned) to Farmers and Merchants Trust Company, its successors and
assigns ("Lender"). The original p~cipal amount of the Note is $74,400.00 which is the amount the Lender has committed to lend the
borrower (the "Loan").
CONSTRUCTION LOAN PHASE COVENANTS. Notwithstanding the covenants and agreements ma& in the Note,
Borrower and Lender covenant and agree as follows:
A. CONSTRUCTION LOAN PHASE. The thne period from the date of the Note and this Rider to September 30, 1997
is hereafter referred to as the "Construction Phase". When the Construction Phase ends, the loan will convert to a permanent loan.
B. OPEN-END MORTGAGE SECURES FUTURE ADVANCES. The Mortgage secures future advances made by the
Lender including, without limitation, sums advanced by the Lender under the terms of the Note and/or Construction Loan Agreement of
the same date hereof(together with any riders thereto, the "Construction Loan Agreement") by and among Lender, Borrower and Michael
Wingert (The "Contractor"). The Note, Mortgage, Commuction Loan Agreement and any and all other documents evidencing or securing
the Loan, together with any and all ri&rs, amendments or modifications thereof are hereinafter collectively referred to as the "Construction
Loan Documents".
C. ACCELERATION; REMEDIES. The Lender may at its sole discretion require the Borrower to make payment in full of
all principal, interest and other amounts owed to Lender under the Note and the Mortgage, or exercise any and all other rights or remedies
Lender may have under the Construction Loan Doemnents should either of the following occur:
(I) The Improvements as set forth in the Construction Loan Agreement are not completed by the Contractor by the end of the
Construction Phase as determined by an appraiser approved by Lender, or
(ii) Borrower is in default under the Note, Mortgage, this Rider or the Construction Loan Agreement.
D. PAYMENTS OF INTEREST DURING THE CONSTRUCTION PHASE. The Borrower will pay to Lender monthly
payments of interest only at a yearly rate of 7.625 % on the outstanding principal balance. The Borrower will make these payments on
the first day of each month beginning on February 1, ! 997 and will make the interest payments until the end of the Construction Phase.
Commencing on the first day of the full month following the termination of the Construction Phase, Borrower shall make payments to
Lender of principal and interest as more fully set forth in the Note. Lender will bill Borrower for that interest, which must be paid to the
Lender by the due date. Failm-e by Borrower to make scheduled h~terest payments to Lender during the Construction Phase shall constitute
an event of default under the Construction Loan Documents.
All other terms and conditions of the Note and Mortgage are and shall remain in full force and effect, except as modified herein. To the
extent the terms of the Note and Mortgage shall co,fillet with the terms hereof, the terms hereof shall control.
. B~~~,NIN~ELOW, Borrower accepts and agrees to the ten0s and provisions contained in this Construction Loan Phase Rider.
//- /__ // /~Witness~ \ (' Borrower
(Seal)
Witness Borrower
(Seal)
Witness Borrower
Pennsylvania - Construction Loan Phase Rider To Note CONRIDEN 9//96
EXHIBIT "B"
WHEN RECORDED MAIL TO
Farmers and Merchants Trust Company
20 South Main Street
Chambersburg, Pennsylvania 17201
Loan Number : 839
- ,.~,~uLER
r~G~ERT p 71r~
!~CORDER OF DEEDS
CUt4BERLAND COUNTY-PA
'97 Ji i, :] Flfl 11 11
[SPACE ABOVE THIS LINE FOR RECORDING DATA],
MORTGAGE
~ MORTGAGE (" Security Instrument") is given on December
The mortgagor is David L. Bowermaster and Kelli J. Bowermaster
17, 1996
("Borrower").This Secufitylnstrumentis~vento
Farmers and Merchants Trust Companyof Chambersburg ,
whichiso~anizedande~st~gunderthe~wsof Pennsylvania ,andwhoseaddressis
20 South Main Street, Chambersburg, Pennsylvania 17201
("Lender"). Borrower owes Lender the principal sum of
SEVENTY-FOUR THOUSAND FOUR HUNDRED DOLLARS AND 00/100
Dollars (U.S.$ 74,400.00 ). This debt is evidenced by Borrower's note dated the same date as this Security
Instrument CNote"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on
October 1, 2027 This Security Instrument secures to Lender: (a) the repayment of the debt
evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all
other sums, with interest, advanced under paragraph 7 to protect the security of this Security .Instrument; and (e) the
performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,
Borrower does hereby mortgage, grant and convey to Lender the following described property located in
South Newton, Cumberland County, Pennsylvania:
ALL THAT CERTAIN REAL PROPERTY AS MORE PARTICULARLY DESCRIBED
ON EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
which has the address of 488 Furnace Hollow Road
[Street]
Pennsylvania 17257 ("Property Address");
[Zip Code]
PENNSYLVAN/A-Single Family-Fmmle Mae/Freddie Mac UNIFORM INSTRUMENT
I~ ~TEM t950 (9211) : .' .
Shippensburg
[~b,]
Fonn 3039 9/90 (page I of 6 pages)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, ~ppurtenances, ane~
fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument.
All of the foregoing is referred, to in this Security Instrument as the "Property."
BORROWER cOvENANTS that borrower is lawfully seised of the estate hereby conveyed and has the right to grant and
convey the Property and tlm, t the Property is unencumbered, except for encumbrances of record. Borrower warrants and will
defend generally the title to the Property aga!npt .~t!! ~laims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants tbr national usg and non-uniform covenants.with limited
variations by jurisdiction to constitute a uniform security instrmnent covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal
of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ('Funds") for: (a) yearly taxes
and assessments which may attain priority over this Security Instrument as a lien on the Property;, (b) yearly leasehold payments
or ground rents on the Property, if any;, (c) yearly hazard or property insnrance premiums; (d) yearly flood insurance premiums, if
any; (e) yearly mortgage insurance premiums, if any;, and (f) any sums payable by Borrower to Lender, ia accordance with the
provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items.'
Lender maY, at any time, Collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally
related mortgage loan may require tbr Borrower's escrow acconnt under the federal Real Estate Settlement Procedures Act of
1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another laTM that applies to the Funds sets a
lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may
estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items
or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including
Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the escrow
items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge.
However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by
Lender ia connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law
requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and
Lender may agree ia writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an
annual aeeountiag 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 all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for
the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time
is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower ia writing, and, ia such case Borrower shall
pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve
monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds
held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the
Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this
Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1
and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2;
third, to interest due; fourth, to principal due; and last, to any late charges due under the note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property
which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these
obligations ia the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the
person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If
Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien
by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
enforcement of the lien; or (e) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to
this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice
5. ]:[a~ard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards iaeluded within the term "extended coverage' and any other hazards, iaeludiag floods or
flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
350
Form 3039 9/90 (page 2 of 6 pages)
requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not
be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage
to protect Lender's fights in the Property in accordance with paragraph 7.
All insurance. policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender Shall
have the right to hold the policies and renewals. If'Lender requires, Borrower ShalI Promptly giye. to Lender all. receipts of paid
premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or
repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property,
or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may
collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this
Security Instrument, whether or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone
the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender, '. Borrower's right to any insurance policies and proceeds resulting from damage to the
Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately
prior to the acquisition.
6. Occupancy., Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower
shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security
Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of
occupancy, unless Lender otherwise agrees in writing, which consent shaH not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the
Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,
whether civil or criminal, is begun that in Lender's good faith judgment could .result in forfeiture of the Property or otherwise
materially impair the lien Created by this· SecUrity Instrument or Lender's security interest. Borrower may cure such a default and
reinstate, as provided in paragraph 18, by causing the action or .proceeding 'to be dismissed with a ruling that, in Lender's good faith
determinati0n~, precludes forfeiture of the Borrower's interest in the Property or other material impairment, of the lien created by
this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application
process, gave materially false or inaccurate information or statements .to Lender (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's
°Ceupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the
provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this
Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding
in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever
is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums
secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering
on the Property to make repairs. AJthough Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security
Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of
disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously
to Borrower of the mortgage' insurance previously in effect, from an alternate in effect, at a cost substantially equivalent to the eest
mortgage insurer approved by Lender. If substantially
equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of
the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect.
Lender will:accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no
longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender
requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums
required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in
accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award of claim for damages, direct or consequential, in connection with any
Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -- Uniform Covenants 9/90 (page 3 of 6 pages)
rACE
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and Shall
be paid to Lender.' '
In the event of a total taking of the Property, the proceeds shall be applied to the' sums secured by this Seeurity'instrument,
whether or 'not then due, with any' excess'paid to Borrower. In the event of a partial taking of the Property in which the fair market
value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security
Instrument immediately before the taking, unless 'Borrower and Lender otherwise agree in writing, the sums secured by this Security
Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums
secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any
balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property
immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and
Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by
this Security Instrument whether or .not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemner offers to make an
award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender
is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured
bY thls ;SecUrity Instrument, whether or no.t then due.. writing, any application of proceeds to principal shall not extend or postpone
Unless Lender and Borrower otherwise agree in
the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount o~ such payments.
11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of
amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not
operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to
commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of
the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in
interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right
or remedy.
12. Successors and Assigns Bound; Joint and Several Liability;, Co-signers. The covenants and agreements of. this Security
Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17.
Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not
execute the Note: (a) is co-sighing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the
Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations
with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that
law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exoeed
the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
limit; and (b) any sums already collected from Borrower which exceeded permitted limit~ will be refunded to Borrower. Lender may
choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower- H a refund
reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by
first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any
other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address
stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument
shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in
which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with
applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect
without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of.the Property or any interest in it is sold
or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's
prior written Consent, Lender may, at its option, required immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the dat~ of this Security
not less
Instrument.
If Lender exercises this ~ption, Lender shall give Borrower notice of acceleration. The notice shall provide a period of
than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by
this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of
this Security Instrument discontinued at any time prior to the earlier of:(a) 5 days (or such other period as applicable law may
Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - Uniform Covenants 9~90 (page 4 of 6 pages)
specify for x;einstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b)
entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then
would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other
covenants or agreements; (e) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to,
reasonable attorneys~ fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Securi[y
Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security. Instrument shall
continue unchanged, Llpon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain
fully effective, as if~o acceleration had occurred. However, this right to rrinstate: shall not apply in the case of acceleration under
paragraph 17.- -..~ : . . :
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument)
may be. sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the 'Loan
Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may be one or more
changes, of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given
written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and
address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other
information required by applicable law.
20. ltazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property
that is in violation of any Environmental La?. The preceding two sentences shall not apply to the presence, use, or storage on
the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential
uses and to maintenance of the Property~
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of
which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any
removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Snbstances" are those substances defined as toxic or hazardous substances by
Environmental Law and the' following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
this paragraph 20, "Environmental Law~ means federal laws and laws of the jurisdiction where the Property is located that relate
to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any
covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law
provides otherwise). The notice shall specif~g (a) the default; (b) the action required to cure the default; (c) a date, not less than
30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default
on or before the date spec'filed in the notice may result in acceleration of the sums secured by this Security Instnnnen~
foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the r'~ght to reinstate after
acceleration 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 default is not cured on or before the date specified in the notice, Lender at its option may
require immediate payment in full of all sums secured by this Security Instrtmaent without further demand and may foreclose this
Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this paragraph 21, including, buy not limited to, attorneys' fees and costs of title evidence to the extent permitted by
applicable law.
22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed
shall terminate and become void. After such occurrence, Lender shah discharge and satisfy this Security Instrument without charge
to Borrower. Borrower shall pay any recordation costs.
23. Waiver. Borrower, to the extent permitted by applicable law,~waives and releases, any error or defects in proceedings to
enforce this Security Instrument, and hereby waives the benefit of any present or'future laws providing for stay of execution,
extension of time, exemption from attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in .paragraph 18 shall extend !to one hour prior to the
commencement of bidding at a sheriff's sale pursuant to this Secnrity Instrument.'"'
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to
the Property, this Security Instrument shall be a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or
in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. '
PACE 383 Form 3039 9/90 (page 5 of 6 pages)
27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shah amend and supplement
the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Cheek applicable box(es)]
Adjustable Rate Rider
~] Condomiifium Rider [--] 1-4 Family Rider
[---] Graduated Payment Rider
Planned Unit Development Rider [---] Biweekly Payment Rider
~-] Balloon Rider
[~ Other(s) [specify]
· : ~ Rate Improvement Rider . ['---] Second Hmne Rider
construction Loan Phase Rider to' Mortgage
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in pages 1 through 4 of this Security Instrument and
in any rider(s) executed by Borrower and 'recorded with it.
Kelli ~. Bowerraaster
-- (Seal)
Borrower
(Seal)
(Seal)
(Seal)
COMMONAVEALTH OF PENNSYLVANIA, Franklin
On this, the /7 day of
Kelli J. Bowermaster
to be the person S
that they
County ss:
~__ e.~. / ~ ~' ~', before me, 0,_ .~--~~ 7~/~- c:._
the undemigned officer, personally appeared David L. BoWermaster and
whose names
known to me (or satisfactorily proven)
are subscribed to the within instrument and acknowledged
executed the same for the purpose therein contained.
IN %VITNESS WHEREOF, I hereunto set my hand and official seal./¥
My Commission expires: Notarial Seat
Virginia M. Seger, Notary Public ~,)
Chambemburg Bore, Franklin County
My Commission Expires Sept. 18, 1999
CERTIFICATE OF RESIDENCE I, Phyllis J. Amsley
'rifle of olrmer
do hereby certify that the correct address of the within named lender is
20 Sou~h Main Street, Chambersburg,
~~r'~(. t2t-~:~' ~'-'
Witner.~~%th day of December 1996
-.
Pennsylvania 17201
PAhgeYn~ ~3 2: ~sley /
Form 3039 9/90 (page 6 of 6 pages)
384
EXHIBIT A
Description of Real Estate:
ALL that certain piece or parcel of ground lying and being
situate in South Newton Township, Cumberland County, bounded and
described as follows:
BEGINNING on the North by land now or formerly of
Andrew L. Bughman; on the South by land now or
formerly of Jacob C. Russell and Big Pond Furnace;
and on the West by land now or formerly of Andrew L.
Bughman.
CONTAINING 2 acres.
BEING the same real estate which Linda K.
Bowermaster, a/k/a Linda K. Krebs and Galen Krebs,
her husband and Scott Bowermaster and Tara
Bowermaster, husband and wife, and Larry Bowermaster
and Teresa Bowermaster, husband and wife, and David
L. Bowermaster and Kelli J. Bowermaster, a/k/a Kelly
J. Bowermaster, husband and wife, by deed dated Sep-
tember 23, 1996, and recorded in Cumberland County,
Pennsylvania in Deed~Book VolUme 146, Page 935, con-
veyed to David L. Bowermaster and Kelli J.
Bowermaster, a/k/a Kelly J. Bowermaster, husband and
wife, Mortgagors herein.
F&M Trust
51
11/92
oo, 359 385
(4) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
TWO AND 3/4
percentage points ( 2. 750 %) to the Current Index. The Note Holder will then round the result of this
addition to the nearest
(You must check one box and fill in any appropriate rounding value)
[] one-eighth of one percentage point (0.125%).
[] of one percentage point ( %).
Subject to the limits stated in Section A(5)on page two, this rounded amount will be my new interest rate until the
next Change Date.
The Note Holder will then determine the amount of the scheduled payment that would be sufficient to repay the
unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in
substantially equal payments. The result of this calculation will be the new amount of my scheduled payment.
(5) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 9.62 5 %
or less than 5.62 5 %. Thereafter, my interest rate will never increase or decrease on any single Change
Date by more than TWO
percentage point ( 2. 000 %).from the rate of interest I have been paying for the preceding period.
(You must check one box and fill in the appropriate limit(s))
[-']My interest rate will never be greater than %.
~-'~My interest rate will never be greater than 12. 625 % or less than 2. 625 %.
(6) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new scheduled
payment beginning on the first scheduled payment date after the Change Date until the amount of my scheduled
payment changes again.
(7) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my
scheduled payment before the effective date of any change. The notice will include information required by law to be
given me and also the title and telephone number of a person who will answer any question I may have regarding the
notice.
B. LOAN CItARGES
It could be that the loan secured by the Security Instrument is subject to a law which sets maximum loan charges
and that the law is interpreted so that the interest or other loan charges collected or to be collected in connection with
the loan would exceed permitted limits. If this is the case, then: (A) any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and (B) any sums already collected from Borrower which
exceeded permitted limits will. be refunded to Borrower. Lender may choose to make this refund by reducing the
principal owed under the Note or by making a 'direct payment to Borrower.
C. PRIOR LmNS
If Lender determines that all or any part of the sums secured by this Security Instrument are subject to a lien which
has priority over this SecUrity Instrument, Lender may send Borrower a notice identifying that lien. Borrower shall
promptly act with regard to that lien as provided in paragraph 4 of the Security Instrument or shall promptly secure an
agreement in a form satisfactory to Lender subordinating that lien to this Security Instrument.
D. TRANSFER OF TIlE PROPERTY
If there is a transfer of the Property subject to paragraph 17 of the Security Instrument, Lender may require (1) an
increase in the current Note interest rate, or (2) an increase in (or removal of) the limit on the amount of any one
interest rate change (if there is a limit), or (3) a change in the Base Index figure, or all of these, as a condition of
Lender's waiving the option to accelerate provided in paragraph 17.
ADJUSTABLE RATE LOAN RIDER
lmm
SOftWaffi Item 7347 (9111)
Page 2 of 3
B00Kt359P C£ 387
ADJUSTABLE RATE LOAN RIDER
Loan N~ber : 839
NOTICE: THE SECURITY INSTRUMENT SECURES A NOTE WHICH CONTAINS A
PROVISION AI,I,OWING FOR CHANGES IN THE INTEREST RATE. INCREASES IN
THE INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. DECREASES IN THE
INTEREST RATE WILL RESULT IN LOWER PAYMENTS.
Words, numbers or phrases preceded by a [] are applicable only if the [] is marked, e.g. []
This Rider is made this 17th day' of December 1996 , and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure
Debt (the "Security Instrument") of the same date given by the undersigned (the 'Borrower") to secure Borrower's Note
to
Farmers and Merchants Trust Companyof Chambersburg
(the 'Lender') of the same date (the "Note") and covering the property described in the Security Instrument and
located at
488 Furnace Hollow Road, Shippensburg, PA 17257
(Propc~y Adding)
Modifications. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender
further covenant and agree as follows:
A. INTEREST RATE AND SCHEDULED PAYMENT CHANGES
(1) Initial Interest Rate
The Note provides for an "Initial Interest Rate" of 7. 625
interest rate and the scheduled payments.
%. The Note provides for changes in the
(2) Change Dates
Each date on which my interest rate could change is called a "Change Date."
(You must check one box and fill in the appropriate in/ornmtion)
[] The Note interest rate tnay change on the first day of the month beginning on October 1, 2 007
and on the first day of the month every 12 months thereafter.
[] The Note interest rate may change on the day of the month beginning on
and on that day of the month every months thereafter.
[] The Note interest rate may change
and on every thereafter.
(3) The Index
Changes in the interest rate are governed by changes in an interest rate index called the "Index", The Index is:
Weekly average yield on U.S. Treasury Securities adjusted to a
constant maturity of one year
The most recent Index figure available as of the date [] 45 days []
is called the "Current Index".
days before each Change Date
If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable
information. The Note Holder will give me notice of this choice.
ADJUSTABLE RATE LOAN RIDER
1Eastern
50flWBI~ Item 7347 (9111)
CORPORaTIOn
Page 1 o! 3
oo J359, ' 38(;
By signing this, Borrower agrees to all of the above.
David L. Bowermaster
Kelli ~.
Bowermaster
ADIUSTABLE RATE LOAN RIDER
~c?~ ,?~ Item 7347
(9111)
Page 3 of 3
~oo,~1359 u~
388'
CONSTRUCTION LOAN PHASE RIDER TO MORTGAGE
OPEN-END MORTGAGE - THIS MORTGAGE SECURES FUTURE ADVANCES
THIS CONSTRUCTION LOAN PHASE RIDER is made tlfis 17th day of December, 1996 and is incorporated into and shall be deemed
to amend and supplement the Mortgage and Secm-ity Agreement of the same date together with any riders, the "Note" and, the"Mortgage"
given by the undersigned (the "Borrower" whether there are one or more persons undersigned) to secure Borrower's. Adjustable Rate Note
to Farmers and Merchants Trust Company, its successors and assigns ("Lender") in the original principal amount of $74,400.00 (The
"Loan") of the same date and coveting the property described in the Mortgage and located at: 488 Furnace Hollow Road, Shippensburg
Pennsylvania 17257.
CoNsTRucTION LOAN PI~SE COVEN3d~ S. In addition' to the eovenemts and agl'eements mMe in the Mortgage.
Borrower and Lender further covenant and agree as follows: '
1997
loan.
A. CONSTRUCTION LOAN pHAsE. The time period fi.om the date of the Mortgage and this Rider to September 30,
is hereafter referred to as the "Construction Phase". When the Consta'uction Phase ends, the loan will convert to a permanent
B. OPEN-END MORTGAGE SECURES FUTURE ADVANCES. The Mortgage and the Rider secures future advances
made by the Lender under the terms of the Mortgage and/or Construction Loan Agreement of the same date here (together with any riders
thereto, the "Construction Loan Agreement") of by and mnong Lender, Borrower and Michael Wingert (the "Contractor") The Note,
Mortgage, Construction Loan Agreement and any and all other documents evidencing or securing the Loan, together with any and all riders,
amendments or modifications thereof are herea~er collectively referred to as the "Construction Loan Documents".
C. ACCELERATION; REMEDIES. The Lender may at its sole discretion require the Borrower to make payment in full
of all principal, interest and other amounts owed to Lender under the Note and the Mortgage, or exercise any and all other rights or
remedies Lender may have under the Construction Loan Docmnents should either of the following occur:
(i) The Improvements as set forth in the Construction Loan Agreement are not completed by the Contractor by the end of the
Construction Phase as determined by an appraiser approved by Lender: or
(ii) Borrower is in default under the Note, Mortgage, this Rider or the Construction Loan Agreement.
All other terms and conditions of the Note and Mortgage are and shall remain in full force and effect, except as modified herein. To the
extent the terms of the Note and Mortgage shall conflict with the terms hereof, the terms hereof shall control.
BY SIGN-ING BELOW, Borrower accepts and agrees to the terms and provisions contained in tiffs Construction Loan Phase Rider.
~ B~rrower
~ / ~' ~~Berrow~rSeal)
(Se )
Bo~ower
(Seal)
Borrower
CONIDEM 9196
389
EXHIBIT "C"
71D6 4575 1292 3060 2729
7106 4575 1292
3060 2521
Date: 02/13/2003
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counseling Agency.
The name, address, and phone number of Consumer Credit Counseling Agencies serving your
County are listed at the end of this Notice. If you have any questions, you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be
able to help you fred a lawyer.
LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENDIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SiN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA LIN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
HOMEOWNER'S NAME (S):
PROPERTY ADDRESS:
LOAN ACCOUNT NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
David L. Bowermaster
Kelli J. Bowermaster
488 Furnace Hollow Road
Shippensburg, PA 17257
0240012098
Farmers and Merchants Trust Company
Farmers and Merchants Trust Company
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND I-W~LP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU CAN COMPLY WITH THE PROVISION OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE UACT'), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
*IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL, -i ~
*IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
*IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TI-IF.
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a
"face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THE. NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS
NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days aider the
date of this meeting. The names, addresses, and telephone numbers of designat_ed consumer credit counseling.
agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to
schedule one face-m-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) If you have fried and are
unable to resolve this problem with the lender, you have the fight to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed
Homeowner's Emergency Assistance Program application with one of the designated cgnsumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the
program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTiON-Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application. During that 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
the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND
SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at 488
Furnace Hollow Road, Shippensburg, PA 17257, IS SERIOUSLY IN DEFAULT because you have failed to pay
promptly installments of principal and interest, as required, for a period of at least sixty (60) days.
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months of October
2002 through February 2003. The following amounts are now past due:
Principal $ 391.47
Interest $2,241.53
Other Charges:
Legal Fees $ 50.00
Late Charges $ 131.65
Insurance $ 66.95
Escrow $ 600.46
TOTAL AMOUNT PAST DUE: $3,482.06
HOW TO CURE THE DEFAULT--you may cure the default within THIRTY (30) DAYS of
the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $3,482.60 PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Payments must be made either by cash, cashier's check, certified check or money order made
payable and sent to:
FARMERS AND MERCHANTS TRUST COMPANY
P.O. BOX 6010
150 LINCOLN WAY EAST
CHAMBERSBURG, PA 17201
IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, .the lender intends to exercise its rights to accelerate the
mortgage debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclose uoon your mort_~aged
orooertv.
IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by
the Sheriffto pay offthe mortgage debt. If the lender refers this ease to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorneys' fees that were actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable
attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorneys' fees
will be added to the amount that you owe the lender, which may also include other reasonable
costs. Ifyou cure the default within the THIRTY (30) DAY period, you will not be
required to pay attorneys' fees.
OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid
balance and all other sums due under the mortgage.
RIGHT TO CURE TIlE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you
still have the fight to cure the default and prevent the sale at any time up to one hour before the
ShefitTs Sale. You may do so by paying the total amount then past due, plus any late or other
charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriff.q' Sale as specified in writing by the lender and by
performing any other requirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE smz. RIFF'S SAI,I*, DATE-- It is estimated that the earliest date that
such a Sheriffs' Sale of the mortgaged property could be held would be approximately six
months from the date of this Notice. A notice of the actual date of the Sheriffs' 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 fred out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT TI-IE LENDER:
Name of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Farmers and Merchants Trust Company
150 Lincoln Way East, P.O. Box 6010
Chambersburg, PA 17201
717-261-3641
717-261-3646
Lode M. Heckrnan
EFFECTS OF SI-IF. RIFF'S SALE-You should realize that a Sheriffs' Sale would end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the:
property after the Sheriffs' Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time. ·
ASSUMPTION OF MORTGAGE--You may not sell or transfer your home to a buyer or
transferee that will assume the mortgage debt.
YOU MAY HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER
LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON
YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF
NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT.
(HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR
DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY
FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED
UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
FINANCIAL SERVICES UNLIMITED
550 Cleveland Avenue
Chambersburg, PA 17201
717-261-1708
Franklin, Fulton, Cumberland, Adams, Perry Counties
_CONSUMER CREDIT COUNSELING SERVICES OF WESTERN PA, INC.
A). 2000 Linglestown Road
Harrisburg, Pa 17102
717-541-1757
Adams, Cumberland, Dauphin, Perry and York Counties
B).
912 South George Street
York, PA 17403
717-846-4176
York, Adams Franklin and Lancaster Counties
..YWCA OF CARLISLE
301 G. Street
Carlisle, PA 17013
717-243-3818
Fax # 717-243-3948
Cumberland, Franklin and Perry Counties
VERIFICATION
I, Lorie Heckman, Credit Recovery Officer, on behalf of Farmers and Merchants Trust
Company of Chambersburg, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904
relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint
in Mortgage Foreclosure are true and correct to the best of my information, knowledge and
belief.
/~l~orie'~--Ieckma~, Credit kecovery Officer
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01519 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS AND MERCHANTS TRUST CO
VS
BOWERMASTER DAVED L ET AL
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
BOWERMASTER KELLY J AKA KELLI J BOWERMASTER the
DEFENDANT , at 1942:00 HOURS, on the 1st day of May
at 160 SHIPPENSBURG MOBILE ESTATE
SHIPPENSBURG, PA 17257 by handing to
KELLY BOWERMASTER
a true and attested copy of COMPLAINT - MORT FORE
, 2003
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18 00
13 80
00
10 00
00
41 80
Sworn and Subscribed to before
me this L~ day of
g/P/rJth-onotary ' '
So Answers:
R. Thomas Kline
05/02/2003
JAMES SMITH DIETTERICK CONNELL
Deputy Shermff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
CIVIL DIVISION
Plaintiff,
NO.: 03-1519 Civil
VS.
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a
KELLI J. BOWERMASTER,
TYPE OF ]?LEADING:
Defendants.
MOTION FOR SPECIAL
SERVICE OF NOTICE OF SHERIFF
SALE UPON DEFENDANT, DAVID L.
BOWER3{ASTER, PURSUANT
TO Pa. ILC.P. 430
FILE ON BEHALF OF:
Farmers and Merchants Trust Company of
Chambersburg
Plaintiff
COUNSEL OF RECORD FOR
THIS PARTY:
Scott A. Dietterick, Esquire
PA 112) #555650
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box ,550
Hershey, PA 17033
(717) 533.-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/1Ua
KELLI J. BOWERMASTER,
Defendants. :
CWIL D1VISION
NO.: 03-1519 Civil
MOTION FOR SPECIAL SERVICE OF NOTICE OF SERVICE SALE UPON
DEFENDANT~ DAIVD L. BOWERMASTEI~ PURSUANT TO Pa.R.C.P. 430
AND NOW, comes the Plaintiff, Farmers and Merchants Trust Company of
Chambersburg, by and through its attomeys, James, Smith, Dietterick & Connelly LLP, and files
the within Motion for Special Service of Notice of Sheriff Sale Upon Defendant, David L.
Bowermaster, pursuant to Pa.R.C.P. 430 as follows:
1. On or about June 10, 2003, Plaintiff filed its original Praecipe for Writ of
Execution ("Writ") against the Defendants ("Defendants"), at the above-captioned number and
term, scheduling Defendants' property located at 488 Furnace Hollow Road, Shippensburg,
Pennsylvania 17257 ("Mortgaged Premises") for Sheriff Sale on September 3, 2003.
2. Plaintiff directed the Sheriff of Cumberland Co~mty to serve Defendant, Kelly J.
Bowermaster a/k/a Kelli J. Bowermaster, with the Notice of Sheriff Sale at her last known
address being 160 Shippensburg Mobile Estates, Shippensburg, Pennsylvania. Defendant, Kelly
J. Bowermaster a/kYa Kelli J. Bowermaster was served on June.. 26, 2003. A true and correct copy
of said Return of Service from the Cumberland County Sheriff's Office is marked Exhibit "A',,
attached hereto and made a part hereof.
3. Plaintiff directed the Sheriff of Cumberland County to serve Defendant, David L.
Bowermaster, with the Notice of Sheriff Sale at the Mortgaged Premises being 488 Furnace
Hollow Road, Shippensburg, Pennsylvania 17257. Service was returned "Not Found." A true
and correct copy of said Return of Service from the Cumberland County Sheriff's Office is
marked Exhibit "B", attached hereto and made a part hereof.
4. A search of the U.S. Postmaster's records for Shippensburg, Pennsylvania 17257
gave no alternate address. A true and correct copy of Plaintiff's U.S. Postmaster's Search is
marked Exhibit "C", attached hereto and made apart hereof.
5. An internet person locator search provided no alternative address for Defendant.
6. Plaintiff conducted an investigation to determine the whereabouts of Defendant,
but all sources indicated no alternative address other than that of the Mortgaged Premises being
488 Furnace Hollow Road, Shippensburg, Pennsylvania 1725'7. An affidavit of Plaintiff's
counsel regarding the investigation taken to determine the whereabouts of Defendant, David L.
Bowermaster, is marked Exhibit "D", attached hereto and made a part hereof.
7. Consequently, Plaintiff has continued the Sheriff Sale scheduled for September 3,
2003 to December 10, 2003 in order to provide sufficient time to obtain alternate service of
Defendant~ David L. Bowermaster.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit Plaintiff
to serve Defendant, David L. Bowermaster, with the Notice of Sheriff Sale, by instructing the
Cumberland County Sheriff's Office to POST a copy of same on the Mortgaged Premises, being
488 Furnace Hollow Road, Shippensburg, Pennsylvania 17257, and by mailing a copy to the
Mortgaged Premises, via Certified Mail, Return Receipt Requested and First Class U.S. Mail,
Postage Prepaid, with said service being valid and complete upon such posting and mailing in
accordance with Pa.R.C.P. 3129.2 and 430 and that the Sheriff Sale may be held as re-scheduled
on December 10, 2003.
Respectfully Su
JAMES, SMII
By:
)mitted:
~ON1NELLY LLP
Sco ~, Esquire
Attome~ ' I.D.#55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
EXHIBIT "A"
From: 08/08/2003 09:13 fl954 P.002/002
AMENDED RETUR~
Farmers and Merchants Trust
Company of Chambersburg
VS
David L. Bowermaster and Kelly J.
Bowermaster, aTk/a Kelli J. Bowermaster
In The Court of Common Pleas of
Cumberland ,County, Pennsylvania
Writ No. 2003-1519 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: David L.
Bowermaster, but was unable to locate him in his bailiwick. He therefore returns the
within Real Estate Writ, Notice of Sale and Description as NOT FOUND, as to the
defendant, David L Bowes'master. Defendant is not living at given address. Post Office
does not have a forwarding address on file for the defendant.
Timothy Rcitz, D~puty Sheriff, who being duly sworn according to law, states
that on Jtme 26, 2003 at 7:18 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice and Description, in thc above entitled action, upon the within named
defendant, to wit: Kelly J. Bowermaster a/k/a Kelli J. Bowermaster, by making known
unto Kelly Bowermaster, personally, at 160 Shippensburg Mobile Estates, Sltippensburg,
Cumberland County, Pennsylvania, its contents and at the same time handing to her
personally the said tree and correct copy of the same.
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on July 9, 2003 at 7:32 o'clock P.M., he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon thc .property of
David L. Bowermaster and Kelly J. Bowermaster a/k/a Kelli I. Bowermaster located at
488 Furnace Hollow Rd., SNppensburg, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn a~:cording to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
roamer: The Sheriffmailed a notice of the pendency of the action to one of the within
named defendants, to wit: David L. Bowermaster, by regnlar mail to his last known
address of 488 Furnace Hollow Rd., Shippensburg, PA 17257. This letter was mailed
under the date of July 10, 2003 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriffmailed a notice of the pendency of the action to one of the within
mad defendants, to wit: Kelly J. Bowenmaster a/k/a Kelli J. Bowermaster, by regular
mail to her last known address of 160 Shippensburg Mobile Estates, .Shippensburg, PA,
17257. This letter was mailed under the date of July 10, 2t)03 and never returned to the
Sheriffs Office.
Sworn and subscribed to before me
This
2003, A.D.
day of
Prothonotary
'R. Thomas KJ:ine, Sheriff
B ~'
EXHIBIT "B"
From. 08/)8/2003 09.13 fl054 P.002/002
AME~DED RETUR_N
Farmers and Merchants Trust
Company of Chambersburg
VS
David L. Bowermaster and Kelly
Bowermaster, a/k/a Kelli J. Bowermaster
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-1519 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: David L.
Bowermaster, but was unable to locate him in his bailiwick. He therefore returns the
within Real Estate Writ, Notice of Sale and Description as; NOT FOUND, as to the
defendant, David L. Bowermaster. Defendant is not living at given address. Post Office
does not have a forwarding address on file for the defendant.
Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states
that on June 26, 2003 at 7:18 o'clock PM, he served a true: copy of the w/thin Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Kelly J. Bowe,master a/Ma Kelli J. Bowermaster, by making known
unto Kelly Bowermaster, personally, at 160 Shippensburg Mobile Estates, Slfippensburg,
Cumberland County, Pennsylvania, its contents and at the same time handing to her
personally the said true and correct copy of the same.
Brian Ban-icL Deputy Sheriff, who being duly sworn according to law, mates that
on July 9, 2003 at 7:32 o'clock P.M., he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the .property of
David L. Bowerma~ter and Kelly J. Bowermaster a/k/a Kelli i. Bowermaster located at
488 Furnace Hollow Rd., Shippensburg, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, ?oster and Description in the following
manner: The Sheriffmailed a notice of the pendency of the action to one of the within
named defendants, to wit: David L. Bowermaster, by regular mail to his last known
address of 488 Furnace Hollow Rd., Shippensburg, PA 17257. This letter was mailed
under the date of July 10, 2003 and never returned to the Sheriffs Office.
R. Thomas K_line, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriffmailed a notice of the pendency of the action to one of the within
named defendants, to wit: Kelly 3'. Bowermaster aPMa Ke'lli J. Bowermaster, by regular
mail to her last known address of 160 Shippensburg Mobile Estates, Shippensburg, PA
17257. This letter was mailed under the date of July 10, 2003 and never returned to the
Sheriffs Office.
Sworn and subscribed to before me
This
2003, A.D.
day of
Prothonotary
R. Thomas Kline, Sheriff
Real Estat~ Deputy
EXHIBIT "C"
ReqUest for Change of Address or Boxholder
Information Needed for Service of Legal Procos.
Please furn{sh [he new address or the name and street addre~ 0f a boxholder) for ~he ~01[owtng:
post offi~ bax a~{ress are requlrod lot boxholder Jnfo~a[ton.
The following info.etlon la provided In aooo~Jnc¢ with 3g CFR 265.6(d)(8)(i0, There ls no fe~ for p~vldlng
boxholder info.etlon. The JaB for providing ch~n0~ nf ~dr~ Info.etlon is waived i~ 8ccord~nce w~h 39 CFR
2~5.6(~(1) and (2) and oo~pondlng Adminlmratlve Suppo~ Manual 352.~a and b,
1. Capacity or requ~er (e,g., process sever, a~omey, pa~y representing
a~lng ~ Ce · ex~ a co.ration a~n9 ~ se mu~
4. The eoud I, which the case h~ be~n or wiS,be heard; C~.)ui,Ly, ~6.n~ylv ......
Court of Co~on Pleas ~~
8. ~e ~pa~ty In whl~ t~{s Individual is [o be ~ed (e.g. aefendent or
wltne~): . DeEen~apL (~) ................
WARNIN~
THE SUBMISSioN OF FA~S~ iNFOR~TION TO O~TA~ AND USE ~N~E OF ~RESB INFQR~T~N OR BOXHOLD~R INFOR~ON
FoR ~ FURPOSE OTHER ~N THE SERVICE OF LEGAL PROCESS IN CONNECtiON WI"~ ACTU~ OR PROSPECT~ UTIGATION
oO~b RESULT IN CRIMINAL PE~LTIE~ INCLUDING * FiNE OF UP TO $10,O00 OR IMPRISONMENT OR (2) TO AVOID PA~ENT OF
THE FEE FOR C~O[ OF ADD,tag INFOR~TIOfl 0F NOT MORE ~ 5 Y~RS, OR BOTH ~lT~ t 8 U.~,C. ~ECTtON 1001),
I ~A~ that the above info.etlon Is tree and that the address info.etlon Is ne~ and wi[I be used ~lely
so.Ice of legal pro~m~ In ~nne~ton ~th equal or p~pe~lvs I~1~.
/ J~es, Smi%h G Darwin '
--- Addre~ ' ....
Hershey, PA 17033
Shel Ly Elliott ..... ~,~% ~ /~/
FOR POST d~FICE USE ONLY - ~-P~
~ NO oha~e of add~ 0~et ~e. NEW ADDRESS
POSTM~K
~ Not known at ~dmss glvem ~ME and 8TRE~ ADDRESS **PI~ ~ly
, Move, la~ ~o fo~a~l~g ad~m~, ~ ~ a~ems. If no strut
N0 such add~. a~ess, then s~ly
-- P.O. ~x n~r.
You.
EXHIBIT "D"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/kJa
KELLI J. BOWERMASTER,
Defendants.
CIVIL DIVISION
NO.: 03-1519 Civil
.AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
Before me, the undersigned authority, a Notary Public iin and for said County and
Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized
representative of Plaintiff, who being duly sworn according to law, deposes and says that
Plaintiff, or counsel for Plaintiff, conducted an investigation to determine the whereabouts of
Defendant(s), which included, but was not limited to searches of the following records:
Motion.
attached hereto.
~ Credit Report Agency.
Records of the U.S. Postmaster with results of :same attached to the foregoing
Intemet Person Locator Records, with results of same attached hereto.
Voter Registration Records, with results of sanae attached hereto.
Records of the County Recorder of Deeds and Prothonotary, with results of same
~ Telephone Directory.
Finally, Affidavit deposes and says that if Defendant(s) is/are not located at the address
uncovered by this investigation, the whereabouts of Defendant(s)~~intiff.
Scott A. 12 ~ettenc'h'~, Esqmre
Swom to and subscribed before me this
/~ day of ~'~ ,2003.
Notary Public
My Commission Expires:
JAMES Slvff[Id ] rERICK & CONNrE~LY LLP
August 1, 2003
Voter Registration of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pa 17013
RE: Farmers and Merchants Trust Company of Chambersburg
DavidL. Bowermaster.aud Kelly J. Bowermaster
a/k/a Keili J. Bowermaster
DocketNo. 03-1519 Civil Term
Our File No. 03-7655
Dear Sir/Madam:
We are attempting to serve legal process of the above-captioned m~,tter on the
Defendant, David L. Bowermaster. Please indicate below whether you have an
alternative address for him in your records, other than 488 Furnace Hollow Road,
Shippensburg, Pennsylvania 17257.
Please return your response in the enclosed self-addressed, stamped envelope. Thank
you for your time.
Sincerely,
JAMES SMITlt DIETTERICK & CONNELL¥ I~LP
/ .
Shelly Elliott, Paralegal
/se
GARY L JAMES
MAX J SMITH, JR
JOHN J. CONNELLY, JR
JAMES F SPADE
BRYAN S WALK
GREGORY K RICHARDS
SUSAN M. KADEL
JARAD W HANDELMAN
DONNA U MULLIN
OF COUNSEL:
MANLEY OEAS &
KOCHALSKI, LLC
COLUMBUS, OH
Alternate Address:
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DAVID A BOWERMASTER Try_Public Rec_ords!
420 DOHNER DR Neighborhood Data:
LANCASTER PA 17602 Avg. home value:
(7'17)39742'15 $118,464
First Year at Address:
1996
Avg. Age: 33
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Last Name
[BOWERMASTER
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Search completed
Records: :L to 22 of 22
Full Name Age/DOB
DAVID A BOWERMASTER 40
20046-1783 1963
DAVID A BOWERMASTER 40
200-46-1783 1963
DAVID A BOWERMASTER
DAVID A BOWERMASTER 40
200-46-1783 Jan 63
DAVID A BOWERMASTER 40
200-46-1783 1963
DAVID A BOWERMASTER
200-46-t 783
DAVID A BOWERMASTER
200-46-1783
DAVID A BOWERMASTER
DAVID E BOWERMASTER
193-36-2624
DAVID Ii= BOWERMASTER 56
193-36-2624 Mar 18, 1947
Address
201 GREENFIELD RD
LANCASTER PA 17601-5812
~420 DOHNER DR # L35
LANCASTER PA 17602-3373
,~420 DOHNER DR
LANCASTER PA 17602-3373
100 E KING ST
LANCASTER PA 17602-2832
736 E KiNG ST APT 1
LANCASTER PA 17602-3140
133 LAMPETER RD
LANCASTER PA 17602-3915
344 CARDINAL LN
LEOLA PA 17540-1201
RR 1 BOX 331
PARADISE PA 17562-9801
535 N BEDFORD ST
CARLISLE PA 17013-1914
21 BRIAN DR
CARLISLE PA 17013-4326
Dates Phone Information
Dec 92 - Jan 99 (717) 392-6046
(717) 397-4215
Sep 98 - Jun 03 BOWERMASTER DAVID A
(717) 397-4215
BOWERMASTER DAVID A
Mar 94
Jun 92 - Apr 94
Mar 02 - Jun 02
Sep 02 - Apr 03
Jan 88 - Dec 90
Jun 88
!
(000) 392-6046
1
!
Oct 90 - Dec 91
I
I
I
http ://go, accurint.comJapp/bp s/main
7/25/2003
Person Search
Page
DAVID E BOWERMASTER
193-36-2624
DAVID E BOWERMASTER
349 E LOUTHER ST
CARLISLE PA 17013-2530
79 MARE RD APT 4
CARLISLE PA 17013-9516
Jul 90
Aug 93 - Oct00
DAVID E BOWERMASTER 56 & 242 MCKNIGHT ST
193-36-2624 Mar 18, 1947'~ CARLISLE PA 17013-2020
DAVID E BOWERMASTER 56
193-36-2624 Mar 18, 1947
DAVlDEBOWERMASTER
193-36-2624
245 MCKNIGHT ST
CARLISLE PA 17013-2021
Apr 92 - Jun 03
(717) 249-4931
Apr 00
DAVID L BOWERMASTER 32
186-50-0219 Jul 71
DAVID L BOWERMASTER
186-50-0219
DAVID L BOWERMASTER 32
186-50-0219 1971
DAVID L BOWERMASTER 32
186-50-0219 1971
DAVID L BOWERMASTER 32
t86-50-0219 Jul 71
DAVID L BOWERMASTER
186-50-0219
DAVID L BOWERMASTER
PO BOX 172 May 88
PLAINFIELD PA 17081-0172
~1~ 488 FURNACE HOLLOW RD Aug 89 - Feb 03
SHiPPENSBURG PA 17257-9650
320 S PENN ST Mar 01
SHIPPENSBURG PA 17257-8717
PO BOX 438 May 94 - Jan 95
SHIPPENSBURG PA 17257-043B
111 S PRINCE ST APT 10 Jan 91 - Jan 97
SHIPpENSBURG PA 17257-1938
RR 6 BOX 276 Dec 89
SHIPPENSBURG PA 17257
160 SHIPPENSBURG MOBILE EST Jun 02 -Jun 03
SHIPPENSBURG PA 17257-9500
21 WHITMER RD Sep 92 - Dec 92
SHIPPENSBURG PA 17257-9408
Records: [ to 22 of 22
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http://go.accurint.com/app/bps/main
7/25/2003
Al JO' 1 3 003
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/kda
KELLI J. BOWERMASTER,
Defendants.
CIVIL DIVISION
NO.: 03-1519 Civil
AND NOW, this
ORDER OF COURT
,2003, upon consideration
of Plaintiff's Motion for Special Service, it is hereby ORDERED, ADJUDGED AND
DECREED that Plaintiff shall serve its Notice of SheriffSale on Defendant, David L.
Bowermaster, by instructing the Sheriffof Cumberland County to POST a copy of same on the
Mortgaged Premises, being 488 Furnace Hollow Road, Shippensburg, Pennsylvania 17257, and
by mailing a copy to the Mortgaged Premises, via Certified Mail, Return Receipt Requested and
First Class U.S. Mail, Postage Prepaid, with said service heine valid and complete upon such
postine and mailing in accordance with Pa.R.C.P. 3129.2 and 430 and with the Sheriff Sale of
the Mortgaged Premises to be held as re-scheduled on December 10, 2003.
BY THE COURT:
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a
KELLI J. BOWERMASTER,
Defendants.
CIVIL D1VISION
NO.: 2003-i519 Civil
ISSUE NO.:
TYPE OF PLEADING:
Pa.R.C.P. RULE 3129.2(C)
AFFIDAVIT OF SERVICE OF
DEFENDANTS/OWNERS AND
OTHER PARTIES OF INTEREST
CODE:
FILED ON BEHALF OF:
Farmers and Merchants Trust Company of
Chambersburg,
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
JAMES, SMITH, DIETTERICK &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a
KELLI J. BOWERMASTER,
Defendants.
CWIL DiVISION
NO.: 03-1519 Civil
Pa.R~C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF
DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST
I, Scott A. Dietterick, Esquire, attorney for Farmers and Merchants Trust Company of
Chambersburg, Plaintiff, being duly sworn according to law depose and make the following
Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter
on Defendants/Owners and Other Parties of Interest as follows:
1. Defendants, David L. Bowermaster and Kelly J. Bowermaster a/k/a Kelli J.
Bowermaster, are the record owners of the real property.
2. On or about October 24, 2003, Defendant, David L. Bowermaster, was served
with Plaintiffs Amended Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129,
via certified mail, return receipt requested, at his last known address being 12 W. Main Street,
Plainfield, Pennsylvania 17081. A true and correct copy of said Amended Notice and Return
Receipt are marked Exhibit "A", attached hereto and made a part hereof.
3. On or about June 26, 2003, Defendant, Kelly J. Bowermaster a/k/a Kelli J.
Bowermaster, was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to
Pa.R.C.P. 3129, personally by the Sheriffof Franklin County, at her last known address, being
160 Shippensburg Mobile Estates, Shippensburg, Pennsylvania 17257. A tree and correct copy
of said Notice and Return of Service are marked Exhibit "B", attached hereto and made a part
hereof.
4. On or about July 25, 2003, Plaintiff's counsel served all other parties in interest
with Plaintifffs Notice of SherifFs Sale according to Plaintiff's Affidavit Pursuant to Rule
3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. Tree and
correct copies of said Notices and Certificates of Mailing are marked Exhibit "C", attached
hereto and made a part hereof.
Finally, the undersigned deposes and says that Defendants/Owners and all Other Parties
of Interest were served with Plaintiff's Notice of Sheriff's Sale of Real Property in accordance
with Pa. R.C.P. 3129.2.
Dated:
Swom to and subscribed before me this
day of /(-'/~ ,2003.
Notary Public
MY COMMISSION EXPIRES:
Scott A. 15i~tte'~-E~ire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
COMMONWEALTH OF ~P~NNSYLVANIA
~ MICHELLE ELLIO'"-T, NOTARY PUBLIC
i HUM M ELSTOWt~ ~'I'N' ~0~ ~'v
IM¥ COMMISSION EXPIRE~ J~NE 9~ 200~
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FAPdvlERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG
Plaintiff,
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER, a/k/a
KELLI J. BOWERMASTER,
Defendants.
CIVIL DIVISION
NO.: 2003-1519 Civil
AMENDED NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
David L. Bowem~aster
12 W. Main Street
Plainfield, PA 17081
TAKE NOTICE:
That the Sheriff's Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pmmsylvania 17013 on
Wednesday. December 10, 2003, at I0:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting o f a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
488 Furnace Hollow Road
Shippensburg, PA 17257
Cumberland County
The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 2003-1519 Civil Term
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
David L. Bowem~aster
and
Kelly J. Bowermaster, a/k/a Kelli J. Bowermaster
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 Shehff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff 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. [nfom~ation about the Schedule of Distribution may
be obtained l'rom the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOURPROPERTY.
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. 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 Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland 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 a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a ~m'ossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or role must be attached to the petition. Ifa specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cmnberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
DATED:t'
JAMES, SMITH~ONNELLY LLP
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL that certain piece or parcel of ground being and situated in South Newton
Township, Cumberland County and State of Pem~sylvania, bounded and described as
Follows:
BEGINNING on the North by land now or formerly of ga~drew L. Bughman; on
the South by land now or formerly of Jacob C. Russell and Bid Pond Furnace; and on the
West by land now or fom'terly of Andrew L. Bughman.
CONTAINING 2 acres.
HAVING thereon erected a dwelling house being known and numbered as 488
Fm'nace Hollow Road, Shippensburg, Pennsylvania 17257.
BEING the same premises which Linda K. Bowem~aster, et al, by Deed
September 23, 1996 and recorded on October 1, 1996 in and for Cumberland County, in
Deed Book Volume 146, Page 935, granted and conveyed unto David L. Bowemmster
and Kelly J. Bowennaster, a/k/a Kelli J. Bowermaster, his wife.
Tax Map No.: 41-13-0108-026
Exhibit "A"
E62E SL09
2000 09E0
~DDL
EXHIBIT "B"
AMENDED RETURN
Farmers and Merchants Trust
Company of Chambersburg
VS
David L. Bowermaster and Kelly J.
Bowermaster, a/k/a Kelli J. Bowermaster
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-1519 Civil Term
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law,
states that on August 22, 2003 at 2:40 o'clock PM, he served a true copy of the within
Real Estate Writ, Notice and Description, in the above entitled action, upon the within
named defendant, to wit: David L. Bowermaster, pursuant to court order by posting the
premises located at 488 Furnace Hollow Road, Shippensburg, Cumberland County,
Pennsylvania, according to law.
Timothy Reitz, Deputy Sheriff, who being duty sworn according to law, states
that on June 26, 2003 at 7:18 o'clock PM, he served a tree copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Kelly J. Bowermaster a/k/a Kelli J. Bowermaster, by making known
unto Kelly Bowermaster, personally, at 160 Shippensburg Mobile Estates, Shippensburg,
Cumberland County, Pennsylvania, its contents and at the same time handing to her
personally the said true and correct copy of the same.
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on July 9, 2003 at 7:32 o'clock P.M., he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
David L. Bowermaster and Kelly J. Bowermaster a/k/a Kelli J. Bowermaster located at
488 Furnace Hollow Rd., Shippensburg, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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: David L. Bowermaster, by regular mail to his last known
address of 488 Furnace Hollow Rd., Shippensburg, PA 17257. This letter was mailed
under the date of July 10, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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: Kelly J. Bowermaster a/k/a Kelli J. Bowermaster, by regular
mail to her last known address of 160 Shippensburg Mobile Estates, Shippensburg, PA
17257. This letter was mailed under the date of July I0, 2003 and never returned to the
Sheriffs Office.
Sworn and subscribed to before me
This
2003, A.D.
__day of
Prothonotary
R. Thomas Kline, Sheriff
Real Esta~]Deputy
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG
Plaintiff,
VS.
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER, aJk/a
KELLI J. BOWERMASTER,
CIVIL DIVISION
NO~: 2003-I519 Civil
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Kelly J. Bowermaster,
a/k/a Kelli J. Bowermaster
160 Shippensburg Mobile Estates
Shippensburg, PA 17257
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, September 3, 2003, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
488 Furnace Hollow Road
Shippensburg, PA 17257
Cumberland County
The YUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 2003-1519 Civil Term
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
David L. Bowennaster
and
Kelly J. Bowermaster, a/k/a Kelli J. Bowermaster
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 Sheriff 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 Shefiffof the Court of Common Pleas o f Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOURPROPERTY.
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 Judg~nent. You may have legal fights
to prevent your property from being taken. A lawyer can advise you more specifically of
these fights. If you wish to exercise your fights, 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 Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland 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 a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or role must be attached to the petition. Ifa specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
DATED:
JAMES, SMI ONNELLY LLP
BY: /[ ' '~r. te~/' l,/
~cot£ A. Diettedck, Esquire
Pa. I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
LEGAL DESCRIPTION
ALL that certain piece or parcel of ground being and situated in South Newton
Townsl-fip, Cumberland CounW and State of Permsylvania, bounded and described as
follows:
BEGINNING on the North by land now or formerly of Andrew L. Bughrnan; on
the South by land now or formerly of Jacob C. Russell and Bid Pond Furnace; and on the
West by land now or formerly of Andrew L. BugJ'wnan.
CONTAINING 2 acres.
HAVING thereon erected a dwelling house being Mown and numbered as 488
Furnace Hollow Road, Shippensburg, Pennsylvania 17257.
BEING the same premises which Linda K. Bowermaster, et al, by Deed
September 23, I996 and recorded on October 1, 1996 in and for Cumberland Count,, in
Deed Book Volume I46, Page 935, ganted and conveyed unto David L. Bowermaster
and Kelly J. Bowermaster, a/k/a Kelli J. Bowermaster, his wife.
Tax Map No.: 41-13-0108-026
Exhibit "A"
EXHIBIT "C"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a
KELLI J. BOWERMASTER,
Defendants.
CIVIL DIVISION
NO.: 03-1519 Civil
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO:
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 3, 2003 at 10:00 a.m., the following described real estate which David L.
Bowermaster and Kelly J. Bowermaster a/k/a Kelli J. Bowemaster, are the owners or reputed
owners and on which you may hold a lien or have an interest which could be affected by the sale
of:
488 Furnace Hollow Road
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER afirJa
KELLI J. BOWERMASTER,
Defendants.
at EX. NO. 03-1519 Civil in the amount of $79,286.75, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
Dated:
JAMES, SMITH, DIETTERICK &
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL that certain piece or parcel of ground being and situated in South Newton
Township, Cumberland County and State of Pennsylvania, bounded and described as
follows:
BEGINNING on the North by land now or formerly of Andrew L. Bughman; on
the South by land now or formerly of Jacob C. Russell and Bid Pond Furnace; and on the
West by land now or formerly of Andrew L. Bughman.
CONTAINING 2 acres.
HAVING thereon erected a dwelling house being known and numbered as 488
Fumace Hollow Road, Shippensburg, Pennsylvania 17257.
BEING the same premises which Linda K. Bowermaster, et al, by Deed
September 23, 1996 and recorded on October 1, 1996 in and for Cumberland County, in
Deed Book Volume 146, Page 935, granted and conveyed unto David L. Bowermaster
and Kelly J. Bowermaster, a/k/a Kelli J. Bowermaster, his wife.
Tax Map No.: 41-13-0108-026
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS,
DAVD L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a
KELLI J. BOWERMASTER,
Defendants.
CWIL DWISION
NO.: 03-1519 Civil
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b}
TO:
American General Consumer Discount Co.
6 S. Hanover Street
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 3, 2003 at 10:00 a.m., the following described real estate which David L.
Bowermaster and Kelly J. Bowermaster a/k/a Kelli J. Bowemaster, are the owners or reputed
owners and on which you may hold a lien or have an interest which could be affected by the sale
of:
488 Furnace Hollow Road
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a
KELLI J. BOWERMASTER,
Defendants.
at EX. NO. 03-1519 Civil in the amount of $79,286.75, plus interest and costs.
Claims against property must be filed at the Office of the Sheriffbefore above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Disthbution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
JAMES, SMITH, DIETTERICK
CONNELL~
By:
Scott A. Dl'~,'~;q~ire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL that certain piece or parcel of ground being and situated in South Newton
Township, Cumberland County and State of Pennsylvania, bounded and described as
follows:
BEGINNING on the North by land now or formerly of Andrew L. Bughman; on
the South by land now or formerly of Jacob C. Russell and Bid Pond Furnace; and on the
West by land now or formerly of Andrew L. Bughman.
CONTAINING 2 acres.
HAVING thereon erected a dwelling house being known and numbered as 488
Furnace Hollow Road, Shippensburg, Pennsylvania 17257.
BEING the same premises which Linda K. Bowermaster, et al, by Deed
September 23, 1996 and recorded on October 1, 1996 in and for Cumberland County, in
Deed Book Volume 146, Page 935, granted and conveyed unto David L. Bowermaster
and Kelly J. Bowermaster, a/k/a Kelli J. Bowermaster, his wife.
Tax Map No.: 41-13-0108-026
Exhibit "A"
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER aAo'a
KELLI J. BOWERMASTER,
Defendants.
CIVIL DIVISION
NO.: 03-1519 Civil
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO:
Cumberland County Domestic Relations Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 3, 2003 at 10:00 a.m., the following described real estate which David L.
Bowermaster and Kelly J. Bowermaster a/k/a Kelli J. Bowemaster, are the owners or reputed
owners and on which you may hold a lien or have an interest which could be affected by the sale
of:
488 Furnace Hollow Road
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgrnent in the action of
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
VS.
Plaintiff,
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a
KELLI J. BOWERMASTER,
Defendants.
at EX. NO. 03-1519 Civil in the amount of $79,286.75, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
Dated:
JAMES, SMITH, DIETTERICK &
CONNELL/~~
~cY;tt A. i~i~it e~, ~ sA~qu i"ret/
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL that certain piece or parcel of ground being and situated in South Newton
Township, Cumberland County and State of Pennsylvania, bounded and described as
follows:
BEGINNING on the North by land now or formerly of Andrew L. Bughman; on
the South by land now or formerly of Jacob C. Russell and Bid Pond Furnace; and on the
West by land now or formerly of Andrew L. Bughman.
CONTAINING 2 acres.
HAVING thereon erected a dwelling house being known and numbered as 488
Furnace Hollow Road, Shippensburg, Pennsylvania 17257.
BEING the same premises which Linda K. Bowermaster, et al, by Deed
September 23, 1996 and recorded on October 1, 1996 in and for Cumberland County, in
Deed Book Volume 146, Page 935, granted and conveyed unto David L. Bowermaster
and Kelly J. Bowermaster, a/k/a Kelli J. Bowermaster, his wife.
Tax Map No.: 41-13-0108-026
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARIMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a
KELLI J. BOWERMASTER,
Defendants.
CIVIL DIVISION
NO.: 03-1519 Civil
NOTICE TQ LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
TO:
Members l~t Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on September 3, 2003 at 10:00 a.m., the following described real estate which David L.
Bowermaster and Kelly J. Bowermaster a/kJa Kelli J. Bowemaster, are the owners or reputed
owners and on which you may hold a lien or have an interest which could be affected by the sale
of:
488 Furnace Hollow Road
Shippensburg, Pennsylvania 17257
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The said Writ of Execution has been issued on a judgment in the action of
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff,
VS.
DAVID L. BOWERMASTER and
KELLY J. BOWERMASTER a/k/a
KELLI J. BOWERMASTER,
De~ndants.
at EX. NO. 03-1519 Civil in the amount of $79,286.75, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty
(30) days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is
filed in the Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice,
you should contact your attorney as soon as possible.
J dVlES, SM[ It, mEJ. T RICK
Scott A. Die{tenck~-Esquire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
LEGAL DESCRIPTION
ALL that certain piece or parcel of ground being and situated in South Newton
Township, Cumberland County and State of Pennsylvania, bounded and described as
follows:
BEGINNING on the North by land now or formerly of Andrew L. Bughman; on
the South by land now or formerly of Jacob C. Russell and Bid Pond Furnace; and on the
West by land now or formerly of Andrew L. Bughman.
CONTAINING 2 acres.
HAVING thereon erected a dwelling house being known and numbered as 488
Furnace Hollow Road, Shippensburg, Pennsylvania 17257.
BEING the same premises which Linda K. Bowermaster, et al, by Deed
September 23, 1996 and recorded on October 1, 1996 in and for Cumberland County, in
Deed Book Volume 146, Page 935, granted and conveyed unto David L. Bowermaster
and Kelly J. Bowermaster, a/k/a Kelli J. Bowermaster, his wife.
Tax Map No.: 41-13-0108-026
Exhibit "A'
Farmers and Merchants Trust Company
Of Chambersburg
VS
David L. Bowermaster and Kelly J.
Bowermaster aJk/a Kelli J. Bowermaster
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-1519 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Scott Dietterick.
Sheriff's Costs:
Docketing 30.00
Poundage 11.08
Posting Handbills 15.00
Advertising 15.00
Mileage 37.95
Levy 15.00
Sumharge 30.00
Postpone Sale 20.00
Law Library .50
Prothonotary 1.00
Law Journal 209.60
Patriot News 151.15
Share of Bills 28.90
$ 565.18 paid by attorney
12/22/03
Sworn and subscribed to before me So Answers:
This $1~_ dayof
....._R. Thomas Kline, Sh~ri~
Prothonotary Real E~tte Deputy
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County cf Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th
day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION .......... [-~'d~......~.... :_../. ~.~ ...................
COPY Sworr~d s/u~ ,~befor~ ,~13/t~h d2 of, f~~ A.~.-- ~
S A L E #73
~ember. Pennsy~vaniaAssoce~3nOfNo~ornrnissi0n expires June 6, 2006
Atty~i 8~ott D~e~m~
EK~PTK)H
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates $ 149.40
Probating same Notary Fee(s) $ 1.75
~L~u~ Total $ 151.15
~ ~ ~rom~a ~ 4~ ~l,~ll~s Publisher's Receipt for Advertising Cost
~ Ptnng, lvania
~,~tai,~l)~S,~a~.33,1~~ ~ pr~e~ ~ ~ [. publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
(~ ~ o~ o¢,a~ L_I .~.~ ~ f~ , receipt of the aforesaid notice and publication costs and certifies that the same have
~a~d gr~ly J, Bowttma~, a/k/a
J'. Boy, emma, hi, w~.
TAX~ NO.: 41-~3-0108~'26 By ....................................................................
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JULY 18, 25, 2003 AUGUST 1, 2003
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are tree.
REAL ESTATE 8ALE NO. 73
Writ No. 2003-1519 CMl
Farmers and Merchants Trust
Company of Chambersburg
VS.
Da-ad L. Bowermastcr and
Kelly J. Bowermaster, a/k/a
Kelli J. Bowermaster
Arty,: Scott Dietterick
Exhibit ~A"
LEGAL DESCRIPTION
ALL that certain piece or parcel
of ground being and situated in
South Newton Township, Cumber
land County ai~d State of Pennsyl-
vania, bounded and described as
follows:
BEGINNING on the North by
land now or formerly of Andrew L.
Bughman: on the South by land now
or formerly of dacob C. Russell and
Bid Pond Furnace: and on the West
he lnnd now or formerly of Andrew
SVqO..QRqq TO AND SUBSCRIBED before me this
1 dayof AUGUST, 2003
David L. Bowermaster aud
Kelly J, Bowcrmaster, a/k/a
Kelli J. Bowermastcr
Atty.: Scott Dietterick
Exhibit
LEGAL DESCRIPTION
ALL that certain piece or parcel
of ground being and situated in
South Newton Township, Cumber
land County and State of Pennsyl-
vania, bounded and described as
rollow~:
DEGINNING oz~ the North by
land now or formerly o£ Andrew L.
Bughman; on the ~outh by [,and now
or formerly of Jacob C. Russell and
Bid Pond Furnace: and on the West
by land now or formerly of Andrew
L. Bughman,
CONTAINING 2 acres.
HAVING thereon erected a dwell-
ing house being kamwn m~d num-
bered as 488 Furnace Hollow Road,
Shlppensburg. Pennsylvania 17257,
BEING the same premises which
Linda ~L Bowmuuaster, et al. by Deed
September 23. 1996 and recorded
on October 1, 1996 in and for Cum-
berland County, in Deed Book
rune 146, Page 935, granted and con-
veyed ullto David L. Bowermaster
and Kelly J. Bowermaster, a/k/a Kellt
d. Bowermaster, his wife,
Tax Map No,: 41-13 0108-026.