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Home My WebLink About00-05232 '~-' ,-" - 1., ,,' ..~. SHERIFF'S RETURN - REGULAR CASE NO: 2000-05232 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRIS SAVINGS BANK VS MONISMITH THOMAS E ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MONISMITH THOMAS E the DEFENDANT , at 0013:37 HOURS, on the 28th day of July , 2000 at CUMBERLAND CO. SHERIFFS' DEPT 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to THOMAS E. MONISMITH a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~~.,<~~t R. Thomas Kline h. /"~ me t lS " Q"3~ ~ A.D. q'tt" - O. nA.AlO,.., ~ rothonotary I day of 08/07/2000 J SAIDIS, SHUFF & MASLAND By: f}PJfl III I ~ Deputy Sheriff Sworn and Subscribed to before '::'ll"'~'-"-""';:';IH"Wi~~~W;~~ _.~ H' '," ~ . ~,~ "-= ~, ~ 'lI.ill - ~~ ,.-, ~ , = ~ , '~- , ".....'" ", 'II ~I I III , ~ I r1 I I I' -.- ~-..':K.t_liIi~tIOI" .~ " CASE NO: 2000-05232 P SHERIFF'S RETURN - REGULAR '-'c" COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARRIS SAVINGS BANK VS MONISMITH THOMAS E ET AL JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MONISMITH DEBRA A the DEFENDANT , at 0016:10 HOURS, on the 4th day of August at CUMBERLAND CO. COURTHOUSE CARLISLE, PA 17013 , 2000 1 COURTHOUSE SQUARE by handing to DEBRA MONISMITH a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 Sworn and Subscribed to before me this Iyft:::. day of ()uf'A- ~ A.D. n..~", O. ~,(}i.,~ ' !Prothonotary I So Answers: ~~~..~~.! R. Thomas Kline 08/07/2000 SAIDIS, SHUFF & MASLAND By: --=im:L S - 4:h '- '" IIVLl , ~uty Sheriff .~~~"",~j~OiIl)I,,!/@g~~lM1Ij,;m,~_L~-~"-LJ!illI~-"-'--'"'" ~- '__,J<_' .".c.; ">~ _~v~_~ ,~ "M1Iiii1i'.I:Ill -",-, ~, " ia. - ~~ ," . , :!I '4,11 SAIDIS, SHUFF & MASLAND A1TORNEYS'ATtoLAW 26 W. High Street Carlisle, PA HARRIS SAVINGS BANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA (?,~,{ ~ Plaintiff v. THOMAS E. MONISMITH and, DEBRA A. MONISMITH NO. DC - S~J~ CIVIL ACTION - LAW Defendant(s) MORTGAGE FORECLOSURE NOTICE You have been sued in court. II you wish to defend against the claims 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 DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717.249.3166 NOTICIA Le han demandado a usted a la corte. Si usted quiere delenderse en contra, estas demandas expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objec/ones alas demandas en contra suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO 0 PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 , CONOCES UN ABOGADO, VAYA EN PERSONA 0 LLAME POR. TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAl. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717 .249.3166 1 II SAlOIS, SHUFF & MASLAND AlTORNEYS-AT-LAW 26 W. lligh Street Carlisle, PA ,-<, " -':"~.--- ~""~-,~--~-=..,."~~,''',,",~-,, -,' , J ,..... .1..-: HARRIS SAVINGS BANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. IJ-o - .s.l3..2~ 7b- CIVIL ACTION - LAW Plaintiff v. THOMAS E. MONISMITH and, DEBRA A. MONISMITH Defendant(s) MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes Plaintiff, Harris Savings Bank ("Bank"), by and through its attorneys, Said is, Shuff & Milsland, and files this Complaint, alleging in support thereof the following: 1. Plaintiff, Harris Savings Bank, is a national banking association organized and existing under the banking laws of the United States of America with a principal regional office located at 235 North Second Street, P.O. Box 1711, Harrisburg, Pennsylvania, 17105-1711. 2. The Defendant(s), Thomas E. Monismith and Debra A. Monismith islare adult individual(s) whose Ii last known address is 157 Oakhill Road, Carlisle, PA 17013. 'I 3. On or about October 30th, 1986, Defendant(s) borrowed from and agreed to repay to Bank the sum of thirty-two thousand and 00/100 dollars ($32,000.00) ("Loan"). As security for the Loan, Defendant executed and delivered to Bank a mortgage ("Mortgage") on that tract of land together with the buildings and improvements erected thereon located in Cumberland County, Pennsylvania known as RD #9 Box 252A, alkla 157 Oakhi/l Road, Carlisle, PA 17013. At all times relevant hereto, Defendant(s) islare and remains the " ii record and sole owner of the Property. A description of the Property is attached hereto, made a part hereof Ii and marked Exhibit "A". :: 4. On October 30lh, 1986, the Mortgage was recorded in the Office of the Recorder of Deeds of Ii Ii Cumberland County in Book 838, Page number 895. A copy of the Mortgage is attached hereto, made a part ili :' hereof and marked Exhibit "B". 5. The Mortgage was never assigned by Bank and is still held by it as a valid and subsisting obligation of Defendant. 6. Under the terms and conditions of the Note ("Note"), Defendant agreed to make monthly payments to Bank in the amount of two hundred sixty-three and 26/100 ($263.26) beginning on first day of December, 1986 and continuing on the first day of each month thereafter. A copy of the Note, evidencing the Loan is attached hereto, made a part hereof and marked Exhibit "C". 7. Defendant has breached the terms and conditions of the Mortgage and Note and is in default under such terms and conditions because he has failed to make the payments required In accordance with the terms thereof. 2 II SAIDIS, SHUFF & MASLAND ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A " ;.",', -; ,_, ~_"""_;",,_ :0'" , h; ;~,~",; '0"_"'.'_ .'-" '-,~-., -." . '""~~~ <, , , WHEREFORE, Plaintiff, Harris Savings Bank, demands judgment against Thomas E. Monismith and Debra A. Monismlth, Defendant(s), in the amount of twenty-eight thousand three hundred twenty-eight and " 68/100 Dollars ($28,328.68) plus interest at the rate of five and 9616/100 Dollars ($5.9616) per diem, through !i " the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property. ~~ 'I SAlOIS, SHUFF & MASLAND 'I II ~ j ~1 \: 'I I, Dated: iJ fl I' II .1 II :1 f~ Ii ~ ~ i'i i,i !'1 , II ~i " II '1, z<f-o 0 4 . ~-" .'-.,'"i.""";.,......-.. -~,. .r _0'.' ,. ,') . HARRIS SAVINGS BANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. CIVIL ACTION - LAW THOMAS E. MONISMITH and, DEBRA A. MONISMITH Defendant( s) I MORTGAGE FORECLOSURE VERIFICATION I verify that statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Harris Savings Bank By:~t~ Stacy L Ar strong Loan Default Coordinator/Officer Date: '{ /.J-I./ I c/O SAlOIS, SHUFF & MASLAND ATIORNEYS.AT.LAW 26 W. High Street Carlisle. PA 5 II ""'....."""..",..._..I"ltlOtl,~~_~.~ _1ml~1..J r --""mq1R .lU,NOIIl.I';Fi/-, ~~.,,'- -i!-" ~....,- ~1 'I - ~'tt1 i l'fI- - ~ 1l'~fi1mn-~~ ~"-r "" THIS MORTGAGE ("Secur\0f: Instrument") is ~iven on .. October. ..3.0th........................ , 19. .~,9.. . The mortgagor is . ~I:lQ . A~. .E ,. .JYI.QPJ:yl'lj:l}~Ij. .qtl.ct. JlEB.BA . A, . .I10NlS.I!lITH, . hi!i\ ..wife', of Jl:I-'),9.j. '~.l\ .252A,. Cat:lisle,. PA .17Q13.. . . . " . . . . . .. ("Borrower"). This Security Jnstrument is given to CARLiSLE BUILDING AND LOAN ASSOCIATION, which is organized and existing under the laws of the Commonv.:ealtl) of Pennsylvania and whose addre.ss is 17 West High Street, Carlisle, Penns)'lvania J70J3 ("Lender"). Borrower owes, Lender the prineipal sum of . .'J:'b;J,J;'J;.y,....Tw.Q. .'J:'b,:l1.ll3.<J.nd. .<J.n<i, DQI.IP.O,.......,,.......,,...."'";.,.."'";.,.;-..,.,.... :-...,,...:':.,....,,....,.,.:-:.,.,.....,.,......,,......,.,......,.,....., Dollars (U.S. $.32.,0.00...0.0.... ). This debt is evidenced by Borrower's note datedth~ same date as this Securit:r,!~lstruf!:~nt("N~te"), which provides for monthly payments, ~ith the full debt, if not paid earher, due and payable on ... De cemb e:r : Is t., 2J)1 6 . . . . . . . . . . . . . . . . . .. ,ThiS SecurIty Instrument secures to Lender: (a) the repaymcnt of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragrapll 7to protect the security ofthis Security Instrument; and (c) tile performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this pur8ose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in ...... J.!I)1P.E;r.:(.\iJlIl.......................,............ '....,... County, Pennsylvania: ALL that certain lot of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a concrete monument on the dedicated right-of-way line of Township No. T-456 on the line of land now or formerly of Mervin S. Spidle; thence along the latter, South 8l degrees 3l minutes 53 seconds West, a distance of 174.33 feet to a point; thence along the same, North 04 degrees 05 minutes 07 seconds East, a distance of 75.00 feet to a point on the line of other land of Francis X. Bender, Jr., et ux; thence along the latter, South 85 degrees 54 minutes 53 seconds East, a distance of l76.l8 feet to a point on the line of Lot No.7 on the hereinafter mentioned Plan of Lots; thence along the latter, South 04 degrees 05 minutes 07 seconds West, a distance of l80.46 feet to a point on the line of Lot No.8 on the said Plan; thence along the latter, North 85 degrees 54 minutes 53 seconds West, a distance of 350.00 feet to a pOint on the dedicated right-of-way of the said Township Road T-456; thence along the latter, North 04 degrees 05 minutes 07 seconds East, a distance of ll8.79 feet to a concrete monument, the Place of BEGINNING. CONTAINING approximately l.177 acres and being described according to a Subdivision Plan for Francis X. Bender, Jr., by Gerrit J. Betz, R.S., dated February l, 1977 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book Jl, Page 87 and being designated as Lot No.9, Section A, thereon. BEING the same property which Dale E. Sheriff and Margaret E. Sheriff, granted and conveyed to Thomas E. Monismith and Debra A. Chestnut, now by marriage Monismith, by deed dated September l4th, 1979 and recorded in the Office aforesaid in Deed Book "Q", Volume 28, Page 8l7. BEING SUBJECT to building and use restrictions as recorded in prior deed. which has the address of . . . . ft.'. P... . .~9 .,. . 13.91'. . ;:'.5.;:'.1).. . . . . . . . . . . . . , . [Street} 17013 Pennsylvania ..."........................ ("Property Address"); [Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all 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 mortgage, 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 against all claims and demands, subject to any encumbrances of record. .. . . . . . ... . . . q~f.:(';i.~+.~ . . .. . ICilYI TlttS SECURITY INSTRUMENT combines uniform covenants for national use and non.unlform covenants with Iimiled variations by jurisdiction to constitute a uniform sccurity inslrument covering reaJ property. PENNSYLVANIA-Single Family-FNMA/FHlMC UNIFORM INSTRUMENT BOOK 838 PACE 895 EXH'BH A Form 3039 12/83 1(.;\'1 IKIU".. (..~"'"' .;l'-=-"~~i!~~eU~"1!!;;~~fI!rfimWl'~ii!ii,jHw>;,"""'M1"","",;."l~O;"kPd+H,"bj"t,!ii'"~H-"'llil;I;;~!IiIIIII.ilIllI mlllA.P.Jt Ivr ~~I~~l!'IllIit:'-'I;;~~IJ. Jr".~_ '".~ - <<I, Il Ii: ~ I" ! .; :.~ . ... " .0 S " " z .. " bJ) '" (l. 1:~, : "'" " "'" ... o u " p:: ~ ~ ~ ~ ~ e ~ "0 ;> THIS MORTGAGE ("Secur~ Instrument") is ~.iven on .. October..-3.0th........................ , 19. .e9.. . The mortgagor is . .'l:l;!Q. A~. .E,..lYI.Ql:l:L<;ijVj:!:r.B. .1m<LQE13.M. A,. MONIS.1YI1TH,. hiE. wife, of n,D~9., .Box .252A, . CarlislE:,. PA .17m3... . . .. . . .. . .. ("Borrower"). This Security Instrument is given to CARLISLE BUILDING AND LOAN ASSOCIATION, which is organized and existing under the laws of the Commonwealth of Pennsylva.ni~ and whose addre.ss is 17 West High Street, Carlisle, Penns)'lvania 17013 ("Lender"). Borrower owes Lender the pnnclpal sum of . .'J:'b:4rtY,...Tw.Q. .Tb.QUil.and. .and. nol.lD.O,.....,,.....,.,....,.,....,.,.,.,..,,.... "'."''''.''''''.-:'''.-:7:-:7'''.''''''.''''''.-:7:''.,.:., Dollars (U.S. $.32.,0.00...0.0.... ). This debt is evidenced by Borrower's note dated the same date as this Securit~!~strup;:"nt("~~te"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on.. .December . 1st" 2'Ol6................... . ThIS Secunty Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect 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 pur80~' Borrower does hereby mortgage, grant and convey to Lender the following described property located III ...... J..\. jJ.(n~l,tn9. . . .. . . .. . . . ... . .. . ... . . .. . . .. ... . ... . . .. ... County, Pennsylvama. ALL that certain lot of land situate in Lower Frankford TownShip, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a concrete monument on the dedicated right-of-way line of Township No. T-456 on the line of land now or formerly of Mervin S. Spidle; thence along the latter, South 8l degrees 3l minutes 53 seconds West, a distance of l74.33 feet to a point; thence along the same, North 04 degrees 05 minutes 07 seconds East, a distance of 75.00 feet to a point on the line of other land of Francis X. Bender, Jr., et ux; thence along the latter, South 85 degrees 54 minutes 53 seconds East, a distance of l76.18 feet to a point on the line of Lot No.7 on the hereinafter mentioned Plan of Lots; thence along the latter, South 04 degrees 05 minutes 07 seconds West, a distance of 180.46 feet to a point on the line of Lot No. 8 on the said Plan; thence along the latter, North 85 degrees 54 minutes 53 seconds West, a distance of 350.00 feet to a point on the dedicated right-of-way of the said Township Road T-456; thence along the latter, North 04 degrees 05 minutes 07 seconds East, a distance of ll8.79 feet to a concrete monument, the Place of BEGINNING. CONTAINING approximately l.l77 acres and being described according to a Subdivision Plan for Francis X. Bender, Jr., by Gerrit J. Betz, R.S., dated February l, 1977 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 3), Page 87 and being designated as Lot No.9, Section A, thereon. BEING the same property which Dale E. Sheriff and Margaret E. Sheriff, granted and conveyed to Thomas E. Monismith and Debra A. Chestnut, now by marriage Monismith, by deed dated September l4th, 1979 and recorded in the Office aforesaid in Deed Book "Q", Volume 28, Page 8l7. BEING SUBJECT to building and use restrictions as recorded in prior deed. which has the address of . . . .1\.. P... . .~ 9.,. . ~9A . ?5. ?A.. . . . . . . . . . . . . . . [Street] 17013 Pennsylvania .......................,..... ("Property Address"); [lip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all 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 mortgage, 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 against all claims and demands, subject to any encumbrances of record, . .. . . .. . . . .. . Qq.r.J,~.f\:)..~ .. . . . ICily] THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. BOOK 838 PAGE 895 PENNSYLVANIA-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3039 12/83 EXHIBIT B Kim IMIU'III {'''-''"t .. ~I~".J;I ......"1"" ~o_ ~"'''~.- ,. UI'j!;j;ORM COVENANTS. Borrower and Len{jer ~()vel\an't and agree as follows: I. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal orand 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") equal to one.twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shaH be held in an institution the deposits or accounts of which arc insured or guaranteed by a federal or state agency (Including Lender If Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree ill writing that interest shall be paid on the Funds. 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. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds, If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amounlnecessary to make up the deficiency in one or more payments as required by Lender. 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 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. 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 &\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 forfeiture of any part of the Property; 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 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 for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The Insurance carrier providing lhe insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have lhe right to hold the policies and renewals. If Lender requires, Borrower shall promptly give 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 3D-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 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acqnisition shall pass to Lender to the extent of the sunis secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights In the Property; Mortgage Insurance. If Borrowcr 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 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. Although 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. lor~ii 838 rA~t 896 ~~ o'c ,l ,. '" ., . If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, ~orrower shall. pay t~e premIUms re~uircd to maintain the insurance in effect until such time as the requirement for the Insurance termlOates In accordance with Borrower's and Lender's written agreement or applicable law. .8. Inspection. , Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the lime of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, arc hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, 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. 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 Property or to the sums secured by 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. 10. Borrower Not Released; Fo~bearaoee 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. 11. 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 docs not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest inlhe 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 nlake any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. 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 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. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. ,Legislation Affecting Lender's Rigbts. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted, by paragraph 19, If Lender exercises this option, Lender shan take the steps specified in the second paragraph of paragraph 17. 14. Notices: Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by iirst class mail unless applicable law requires use of another method. The notice shan 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 jurisdiciio"n i.n whiqh the Property is located. In the event that any provision or clause of this Security Instrument or the Note contli"ts 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 arc declared to be severable. 16. Borrower's Copy. Borrower shan 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, 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 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. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of thi~ Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable la;',may specify for reinstatement) 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 had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred m enf?rcmg 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 ooligation to pay the sums secured by this Security Instrument shall contin~e unchanged. Upon remstatement by B9rrower, this Security Instrument and the obligations secured hereby shall remam fully effective as If no acceleratIOn had occurred, However; this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. aOOK 838 PAGE 897 - - """"....Uliiil -.j ,~ ", ,. NOt'l'~NIFORM COVENANTS, Borrower and Lender furlh~r covenant and agree as follows: 19. Acceleration; Remedies~ Lender sball 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 paragraphs 13 and 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender 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 as specified, Lender at its option may require immediate paymcnt in fnll of all sums seenred by this Security Instrument without further demand llnd may foreclose this Seenrity Instrument by judicial proceeding. Lender shall be entitled to colIeet all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Propcrty, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of managcment of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Secnrity Instrument. ' 21. Release. Upon payment of all snms secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 22. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement ofbidding at a sheriff's sale or other sale pursuant to this Security Instrument. 23. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is Jent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 24. Interest Rate After Judgment. Borrower agrees that the interest rate payable after ajudgment is cntered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 25. 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 shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a pan of this Security Instrument. [Check applicable box(es)] o Adjustable Rate Rider o Graduated Payment Rider o Other(s) [specify] o Condominium Rider o Planned Unit Development Rider o 2-4 Family Rider By SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. ~ ~ '1"- <X) ~ Witnesses: I," ...~.l..~.................(Seal) THOMAS E. MONISMITH -Borrower ..F]d..L~::.:.::.'c:.......a...7.?.M.;;r.~/.."D..;;"L7....".(Seal) DEBRA A. MONISMITH -Borrower .c j:: c:: c-. .................fD...,........;;i':'................................................... J.1_ a ~ (:10 .t.l...' ;~.. l..u :.-.. l.1.J Q :~:. ~ c: ;;:: ...........~.~;.!.:::.....<i~.................................................... C; ~"r.: c. I 1..; .:,-. c::J n c:, .,-' .. tA.l!:C'-" ~ f.:' .;,:::. L" 0: (;) L o hI':'," '-' l,"~ - v.l ~.-. L..O r.< co .. 1_ <..." = COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss; On this, the ~ 0 Public , THOMAS' "" ': '~;MITH ~prQ~~~';;b" 10 hr1'~'Bl:~';' ,;ari<J.~~~~~fe~.~~~: \fuS.;:th e y . l_.~ . :Y-,:,;;__ ~.>r;,;:;>:/' "?: _._ , ,"tJ'!~:lirNE~. WI!ER,~OF, I hcreunto set my hand and official seal. ,("'':>'.,; ;.~~,"!t,.:;;ilJr;,.;'1.5)G(I ~ My Gi>,i,\ljii~~i~#kp;"'~~J6<- J 60 '",:,0 ;,..<",,,""''' " ,j v./ BElli A. MORnISON. tlMAR~ N\~l\CJ- ~'I I, "~~fl 11 Y \' CARLISLE BORO. CUMBEIlW:D COUNTY 0 f (} J) nAtr/1 " ", MY COhllAISSIOH HPIRES UK 15. \g3B T' Of Olliter Member. Pennsylvania Msociation of ,Notaries I certify that the precise place of business of the within namcd Mortgagee is 17 W. High Street, Carlisle, P A day of _Oci.Q]:Jero __,19 86 ,beforeme, a Notary the undersigned officer, personally appeared and DEBRA A. MONISMITH his wiflfnown to me (or satisfactorily whose nam@ are subscribed to the within instrument executed the same for the purposes herein contained. 17013. ~ ",:' ~ ~:.;;~~;.!~*~fj~:i-:... ..', ,~...:-;J,;.Y\rJt'~~~\~g?!"1...:1r ':'!~', , ,. <;'i.~'~EG01h)~'D'ja'tIle,'Office for Recording of Deeds in and for Q \.\1\"\ \,\)c"- \ \-)y.., ~ Ji/ :'''f':~ ,~.,:;:-.;::.'<;:::..:\'.,;;: h." () "2 Cl 'J (\ <'""' i~~<?r!~l\g~;~?O~;t,;";J;,:;:;:';. No.?/. "':;f:, Page d'{ \ &c, :p.~i-,;!:";';;;{::{(..'~T:l' ;-,,'; le\ . ~ 'q{;~:J";;",~.", ,,;\ ~~:~~'-N::~.~,.,..:', ~,;;;<, '" ": ~ ,_ - .... c Recorder : ;.;I~P~,~~~~,;.;_~ . .- , .... ~,,,, .-'..... ",i,~~~;,j,.~"Y~',. ~~?(' ~::~,:1t~'~,~)~:~~:::,~,i". ".-',,' :: <~~,,~if1"'w,,~~,I'f:;, G');,\f\~ \';'\"''':''~ \'~i./"l~,>,;" BOOK 838 PAGE 898 1'-" " "'"'\ I , .."'.... ~" no(~... ~"~ ~-,. ; I -f'" ADJUSTABLE RATE RIDER THIS ADJUSTABLE RATE RIDER is made this .19......... day of .....9.<;.~.<:>l?.e.J;:........................ ,19 ...~.~.. , and is incorporated into and shall be deemed to amend and supplement the Mortgage Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to sA~sr;g~A~ig's Adjustable Rate Note (the "Note") to ....C.ABLISLE....B.!1ILDIN.Q....AND...L.O'AK............... ...........;.........;.........B...........;................................. (the "Lender") of the same date and covering the property described In the Secunty Instrument and located at: ' R.D. #9, Box 252A, Carlisle, Pennsylvania l70l3 .........................,...................................................................ip~~;;~rtY.Ad"d";~~.~)........,.................................................................................... THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. IF THE INTEREST RATE INCREASES, THE BORROWER'S MONTHLY PAY- MENTs WILL BE HIGHER. IF THE INTEREST RATE DECREASES, THE BORROWER'S MONTHLY PAYMENTS WILL BE LOWER. ADDITIONAL COVENANTS. 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 MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of ........9...2.5... %. The Note provides for changes in the interest rate and the monthly payments, as follows: ' 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day otDecgmber ......:1;................. ,19 ..~.7..:. ,and on that day every J~,....th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the: (Check one box to indicate Index.) KJ* (i) Weekly average yield on United States Treasury securities adjusted to a constant maturity of ......................................1......... years, as made availab]e by the Federa] Reserve Board. 0* (ii) "Contract Interest Rate, Purchase of Previously Occupied Homes, National Average for all Major Types of Lenders" published by the Federal Home Loan Bank Board. 0* (iii) ............................................................................................................................................................................................... ............................................................,..:...................................................................................................,..................................................... '/I If more than Dne box is checked or if no box is checked, and Lender and Borrower do not otherwise agree in writing, the first Index named will apply. The most recent Index figure available as ofthe date 45 days before each Change Date is called the "Current Index." 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. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding ..................... ..................thr.ee.............. percentage points ( ........3......... %) to the Current Index. (Check one box to indicate whether the new interest rate will or will not be rounded to the nearest 1;8 of 1% (0.125%) .) ILl (i) The sum, subject to the provisions set forth in section (C) (iii), (C) (iv), (C) (v), and (C) (vi) will be my new interest rate until the next change date. o (ii) The Note Holder will then round the result of this addition to the nearest one-eighth of one percent (0.125%). This rounded amount, subject to the provisions set forth in section (C) (iii), (C) (iv), (C) (v), and (C) (vi) will be my new interest rate until the next change date. (Check appropriate boxes to indicate whether there are any maximum limits on changes in the interest rate on each Change Date; if no box is checked there will be no maximum limit on changes.) o (iii) There are no maximum limits on any changes in the interest rate at any Change Date. ~ (iv) The interest rate cannot be changed on any single Change Date by more than .............................. ....................;1................... percentage points from the rate of interest I"have been paying for the preceding ................12........... months. ILl (v) The interest rate cannot increase to more than ...................1.4..,25........ percentage points at any time during the loan term. lid (vi) The interest rate cannot decrease to less than ....,.................1>..25,....... percentage points at any time during the loan term. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the principal 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 calcul/1.tion will be the new amount of my monthly payment. (D) 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. BOOK 838 PAGE 899 MULTISTATE ADJUSTAIILE RATE RIDER - Single Femily Flexible ARM Program ~ Copyright Ray Hough Company, Inc. 1985 . ,-. Ia".L ; . ~ ''" (E) 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 monthly 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. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform covenant 17 of the Security Instrument is amended to read 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 hot 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 may also require 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. Borrowerwill 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. ....II!At)j!c:l.....mA~;f)................................................... (Seal) THOMAS E. MONISMITH Borrower 1""',1 /J,. . ~ .'.. .'.../,::..l!,;:.;..<)....,..........LI..........z?:J./..i:.1-:J...!.~>J..............'::-:................... (Seal) DEBRA A. MONISMITH Borrower BOOK 838 PAGE, 900 . '-""".........--".itt'ilm~~~iO!J~1~1;>~~~~'IIlI. . . ".. "'," ",'~- ,~"., "" ----,-,J"',>'J ~...-" .~' , .' ".",,<,- ." ,- '"" ~~ 0, "Ii i I r~~ ,.~ - - ::.:i"i .',......", , ) ~- , \ I ~ ,.); ADJUSTABLE RATE NOTE THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. IF MY INTEREST RATE INCREASES, MY MONTHLY PAYMENTS WILL BE HIGHER. IF MY INTEREST RATE DECREASES, MY MONTHL Y PAYMENTS WILL BE LOWER. ~,... ....9.~.~.9.!).~.~..3Q...t?;;..:....... ,19 .8..6..... ........c..~.~.!,J.f:l)..~....................... , (City) ............r.!?!1!1.f:l.y.)..y.i1:!1;j,.~.........,............. (State) ..,;Ft.,p..,..9.."..!?g;c....~.5..2.:::A"....9,i1:;r.U.i?J,~.,....p.~,!),!),.i?yJ.y.g,!1;!.,g,...J.7.QJ...3......................,........,................................. (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ ..J:?.QQQ..QQ........... (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is ..Car.lisle...Building..alld...... ......,.....................................................................................................................,..........,LD.an...As.sD.ciati011..................................... 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 ......9..,.f~.:... %. 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(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. T~ I will make my monthly p~ts on the first day of each month beginning on ....P.~,femb ~r....~?::' .............J.$..t............................ , 19 8,q- ... . I will make these payments every month uJ1lil I have paid all of the principal and interest and any other charges described below thatI may owe und.!ltl'this N6'te. My monthly payments will be applied to interest before principal. If, on .....n9,.1<.~J.1),b.e.r....J...~.tP,":1.2.9..:!:............. ,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 ......1.7....Wes.t...High..SUee.t.,...Ca;r,l,j,sle.,...P.A..~.7'0.13...................... ..... ................. .......... ................................ ..... ... ......... .... ......... ........... .................,...... ..... ............... ........ ............ ............. or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount ofU.8. $ .....26.3...26............... . 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 detennine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTERESTRATEANDMONTHLYPAYMENTCHANGES I f11 ]:Wl- (A) Change Dates g-r>? D-,., ~ The interest rate I will pay may change on the first day of .......pecember 1............,19.8..7..., ....ndon that day every ...12..th month thereafter. Each date on which my interest rate could change is called a "Change Date." EXHIBIT C itiJ MUL TISTATE ADJUSTABLE RATE NOTE - S;ngle Family Flexible ARM Program SCopyright Ray Hough Company, Inc. 1985 """~.. I . t ~\ (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the: (Check one box to indicate Index.) IXI* (i) Weekly average yield on United States Treasury securities adjusted to a constant maturity of .............................................................1........ years, as made available by the Federal Reserve Board. D* (ii) "Contract Interest Rate, Purchase of Previously Occupied Homes, National Average for all Major Types of Lenders" published by the Federal Home Loan Bank Board. D*(iii) .......................................................,.........................'.........,.................................................................................................., ......................................................................................................................................................................................................................... ... If more than one box is checked or if no box is checked. and Lender and Borrower do not otherwise agree in writing, the first Index named will apply. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." 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 ofthis choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding ................... ................J:hr..~<=......,.......... percentage points ( ...............J.. 'Yo) to the Current Index. (Check one bo% to indicate whether the new interest rate will or will not be rounded to the nearest 1;8 of 1% (0.125%.)) IZl (i) The sum, subject to the provisions set forth in section (C) (iii), (C) (iv), (C) (v), and (C) (vi) will be my new interest rate until the next change date. D (ii) The Note Holder will then round the result of this addition to the nearest one-eighth of one percent (0:125%). This rounded amount, subject to the provisions set forth in section (C) (iii), (C) (iv), (C) (v), and (C) (vi) will be my new interest rate until the next change date. (Check appropriate boxes to indicate whether there are any maximum limits on changes in the interest rate on each Change Date; if no box is checked there will be no maximum limit on changes.) D (iii) There are no maximum limits on any changes in the interest rate at any Change Date. E?I (iv) The interest rate cannot be changed on any single Change Date by more than .............................. ..........................2............ percentage points from the rate of interest I have been paying for the preceding .......................12,.. months. ~ (v) The interest rate cannot increase to more than ...........l4...25................ percentage points at any time during the loan term. E9 (vi) The interest rate cannot decrease to less than ..............Lt...25................ percentage points at anytime during the loan term. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the principal I am expected to owe at the Change Date in full on the maturity date atmy new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) 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. (E) 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 monthly 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. 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 will reduce the amount 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. \J \"".1 ~,~ :Ill: .'?"') i ._:. ,,,"",) '. 6.' tOA:N'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 which 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 Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of .........15........... calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be ................4.. % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (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 payimmediatelyinfull as described above, the Note Holder will have the right to be paid back by me for all 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! am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ifmore than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 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 which might result if I do not keep the promises which 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: -:,;1' . &, ,~- " "'-, , , 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, atits option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lenderif exercise is prohibited by federal law as ofthe 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; (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 may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all 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 Borrowerin 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. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Witness ~c /}1//_,.. ''-h ....................................../..f.u.~..............., (Seal) THOMAS E. MONISMITH Borrower Witness .....~.e,,,...r:./..?!.).<:!.'~.. (Seal) DEBRA A. MONISMITH Borrower Witness .......................................................................................... (Seal) Borrower (Sign Original Only) "...' liiIiIIiioIl . , 'lllI!U!li~._~~wr,*Jil1r~~:g" .,. .^<~ "._"~,, ~, ~ ~ . . :wDili .III . '""" ('\ -,,~. <. ,;;- , , I>~ ;-:j"~ - - - ~ -'-'*'< " " IU"".. OJ s'''''''~'' BANKE RS""-"" ..,"'.~ ",' ~,,'t \), Leaving Our Mar~~, ,l!f1 J \)1f<'~ Y' ' ',/ ./1 ~ - ",+>cc~"",'r May 1, 2000 ACT 91 & ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortl!al!e on vour home is in default. and the lender intends to foreclose. SDecific information about the nature of the default is Drovided in the attached DlIl!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to helD to save vour home. This notice exDlains how the DrOl!1"am works. To see if HEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITIDN 30 DAYS OF THE DATE OF TIllS NOTICE. Take this Notice with vou when vou meet with the Counselin!! A!!encv. The name. address and phone number of Consumer Credit Counselin!! A!!encies servin!! vour Countv are listed at the end of this Notice. If vou have anv Questions. vou mav call the Pennsvlvania Housin!! Finance A!!encv toll free at 1-800-342-2397. (Persons with imDaired heann!! can caIU717) 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 find a lawyer. . LA NOTIFICACION EN ADJUNTO 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 INNEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU ffiPOTECA. Harris Savings Bank 235 North Second Street, P. O. Box 1711, Harrisburg, Pennsylvania 17105.1711 717/236-4041 . www.harrisbankers.com EXHIBiT D ,~ co- -",. ,'. I'" HOMEOWNER'S NAME(S): _Thomas E. Monismith PROPERTY ADDRESS: _RD #9, Box 252A, Carlisle, PA 17013_ MAILING ADDRESS _RD #9, Box 252A, Carlisle, PA 17013 LOAN ACCT.NO.: _21000164 ORIGINAL LENDER: _Harris Savings Bank CURRENT LENDER/SERVICER: Harris SaviI1l!:s Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WInCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU 1lA VE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE 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. TIllS MEETING MUST OCCUR WITHIN THE NEXT TIDRTY (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 after the date of this meeting. The names. addresses and telephone' numbers of designated consumer credit counseling agencies for the county in which the properlY is located are set forth at the end of this 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 01_- ~, ., <" .~ .. , .. " 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 consumer 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 TIllS 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 A enc of its decision on our a lication. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TIllS 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 (Brin!! it un to date). NATURE OF THE DEFAULT..-The MORTGAGE debt held by the above lender on your property located at:_RD#9, Box 252 A, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:...payments of $241.18 for March, April, and May 2000_ Other charges: _Late charges $27.32 TOTAL AMOUNT PAST DUE:_$750.86 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: 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 $750.86. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cash. cashier's check. certified check or money order made oavable and sent to: Harris Savings Bank 234 North Second Street ". ,- M ',c,,; ,'. /'. Harrisburg. PA 17101 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 ril!hts to accelerate the mortl!lIl!"e 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 upon your mortl!al!ed property. IF THE MORTGAGE IS FORECLOSED UPON..-The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case 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 attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the TIDRTY (30) DAY period. yOU will not be required to pav attorney's fees. OTHER LENDER REMEDIES-..The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE...lf 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 the Sheriffs sale. You mav do so by paying the total amount then past due. plus anv late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in writing by the lender and bv performing any other reauirements under the mortl!age. 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 four 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 contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Harris Savings Bank 234 North Second Street (717) 909.6295 or 1-800-554-4572 exi. 6295 (717) 909.2780 Susan Cinamars EFFECT OF SHERIFF'S SALE.--You should realize that a Sheriffs Sale will 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. ;. 1't ASSUMPTION OF MORTGAGE.--You _mayor -X-may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BOROW 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 MA Y HAVE TO SUCH ACTION BY THE LENDflR. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Susan Cinqmars Collection Counselor SC/ipp ~ " ~ ,'. /''1: If filllds are received and negotiated in less than the total amoullt due including legal fees and costs. Harris Scn1ings Bank reserves the right to return the filllds to you and conlinue with legal proceedings pending receipt of the total an/ount due. . ' " ^ '''., " . ,', IUHARRIS@ U SAVINGS BANK 235 North Second Street P.O. Box 1711 Harrisburg, Pennsylvania 17105-1711 717/236.4041 CUMBERLAND COUNTY CREDIT COUNSELING AGENCIES Consumer Credit Counseling Service of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited Il7 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 North Front Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 232-4985 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 Fax (717) 243-3948 , , . ~. ..:.'~ " . " R s",v- ~ ---.'\':.. BANKERS" " '1" ~ h , ~ Leaving Our Marl{. oj 1 ~ ~efl'~,v",,~{/ May 1, 2000 ACT 91 & ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee on vour home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM iliEMAP) mav be able to help to Save vour home. This notice explains how the prol!I'3D1 works. To see if HEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TiffS NOTICE. Take this Notice with vou when vou meet with the Counseling Agencv 0 The name. address and nhone number of Consumer Credit Counseling Agencies serving vour Countv are listed at the end of this Notice. If vou have anv Questions. vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with imnaired hearing can call (717) 780-1869). This Notice contains important legal infonnation. 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 fmd a lawyer. LA NOTIFICACION EN ADJUNTO 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 INNEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLEPARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU IffPOTECA. Harris Savings Bank 235 North Second Street, P. O. Box 1711. Harrisburg, Pennsylvania 17105.1711 717/236-4041 . w\vw.harrisbankers.com "V}', HOMEOWNER'S NAME(S): _Debra A. Monismith PROPERTY ADDRESS: _RD #9, Box 252A, Carlisle, PA 17013_ MAILING ADDRESS _RD #9, Box 252A, Carlisle, PA 17013 LOAN ACCT.NO.: 21000164 ORIGINAL LENDER: Harris Savings Bank CURRENT LENDER/SERVICER: Harris Savinl!s Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASON~LE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE 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. TillS MEETING MUST OCCUR WITIDN THE NEXT TmRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TillS 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 after the date of this meeting. The names, addresses and telephone numbers of designated 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-to-face meeting. Advise your lender inunediatelv 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 '" ,,~~~ -,~ ~''''!l- ,'Ill: J", 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 consumer 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 TIllS 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 A enc of its decision on our a lication. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TIDS 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 iBrill2 it UP to date). NATURE OF THE DEFAULT...The MORTGAGE debt held by the above lender on your property located at:_RD#9, Box 252 A, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:yayments of $241.18 for March, April, and May 2000_ Other charges: _Late charges $27.32 TOTAL AMOUNT PAST DVE:_$750.86 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: 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 $7$0.86. 'PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cash. cashier's check. certified check or money order made payable and sent to: Harris Savings Bank 234 North Second Street "~ .' I ,-, - -, 'ir"-"~ " Harrisburg, PA 17101 IF YOU DO NOT CURE THE DEFAULT--.lf you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rillhts to accelerate the mortllalle 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 upon your mortllalled property. IF THE MORTGAGE IS FORECLOSED UPONm The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case 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 attorney's fees that were actually incurred, up to $50.00, However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount 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 be reauiredto pav attorney's fees. OTHER LENDER REMEDIES..-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE 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 right to cure the default and prevent the sale at any time UP to one hour before the Sheriffs sale, You may do so bv paying the total amount then past due. plus any late or other charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and bv perfonmng 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 Sheriff s Sale of the mortgaged property could be held would be approximately four 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 contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Harris Sayings Bank 234 North Second Street (717) 909.6295 or 1.800-554-4572 ext. 6295 (717) 909.2780 Susan Cinqmars EFFECT OF SHERIFF'S SALE...You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. .....I> ,'. t', ASSUMPTION OF MORTGAGE,-,Yoll _mayor -A.-may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHI': . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BOROW 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 RlGHT 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 LENQER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Susan Cinqmars Collection Counselor SC/ipp ~,,~ lW:~:' .'. /', If fimds are received and negotiated in less than the total amOl/nt due including legaljees and costs. Harris Savings Bank reserves the right to retul'll the fimd, to you and conlinue with legal proceedings pending receipt of the total amount due. " , ;", ,. ~.." .- " ." .. IDHARRIS@' a SAVINGS BANK 235 North Second Street P.O, Box 1711 Harrisburg, Pennsylvania 17105.1711 717/236-4041 CUMBERLAND COUNTY CREDIT COUNSELING AGENCIES Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 North Front Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 232-4985 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243~3818 Fax (717) 243-3948 .;." .... ~ "~ 'i-l\W'. .' . ", ro OJ s~_~ BANKERS" ':'":cc. -~;'. iiW" Le . 0 1/", · avmg ur Marl{. ; ~ ,{ ~'_ .'1' '! " ",,;,,o.t1Y",! i' ~ ll......v.:J,,,=..,,.fr.. May 1,2000 ACT 91 & ACT 6 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 rnEMAPl may be able to help to save your home. This notice explains how the proe:ram works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITInN 30 DAYS OF THE DATE OF TillS NOTICE. Take this Notice with yOU when yOU meet with the Counselin!! A!!encv. The name. address and phone number of Consumer Credit Counselin!! A!!encies servin!! your County are listed at the end of this Notice. If you have any Questions. YOU may call the Pennsylvania Housin!! Finance A!!encv toll free at 1-800-342-2397. (Persons \vith imoaired hearin!! can call (7171 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 find a lawyer. LA NOTIFICACION EN ADJUNTO 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 INNEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLEPARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU illPOTECA. Harris Savings Bank 235 North Second Street, P. O. Box 1711, Harrisburg, Pennsylvania 17105.1711 717/236-4041 . ww\y.harrisbankers.com ." .- ._,"' ti:..:; i', .[- HOMEOWNER'S NAME(S): _Thomas E. Monismith PROPERTY ADDRESS: _RD #9, Box 252A, Carlisle, PA 17013_ MAILING ADDRESS 157 Oakllill Rd., Carlisle, PA 17013-8929 - - LOAN ACCT.NO.: 21000164 ORIGINAL LENDER: _Harris Savings Bank CURRENT LENDERISERVICER: Harris Savines Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WIDCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), 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 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. TffiS MEETING MUST OCCUR WITHIN THE NEXT TmRTY (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 after the date of this meeting. The names. addresses and telephone numbers of designated 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-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 infonnation about the namre 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 consumer 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.facemeeting. 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 TillS 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 Al1:encv of its decision on vour aDolication. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TInS 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 <Brinl! it un to date). NATURE OF THE DEFAULT---The MORTGAGE debt held by the above lender on your property located at:_RD#9, Box 252 A, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:"payments of $241.18 for March, April, and May 2000_ Other charges: _Late charges $27.32 TOTAL AMOUNT PAST DUE:_$750.86 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: 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 $750.86. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cash. cashier's check. certified check or monev order made oavable and sent to: Harris Savinl!s Bank 234 North Second Street " ~. '!i "'il\;: . . Harrisburg. PA 17101 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 rillhts to accelerate the mortllalle 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 upon your mortllalled property. IF THE MORTGAGE IS FORECLOSED UPON--.The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case 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 attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If vou cure the default within the TmRTY (30) DAY period. you will not be required to pay attornev's fees. OTHER LENDER REMEDIES--- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-.-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and prevent the sale at any time UP to one hour before the Sheriff's sale. You mav do so bv paying the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other reauirements 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 four months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Harris Savings Bank 234 North Second Street (717) 909-6295 or 1-800-554-4572 ext. 6295 (717) 909-2780 Susan Cinamars EFFECT OF SHERIFF'S SALE...You should realize that a Sheriff's Sale will 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. . ~ '""-. , . C' i .., ASSUMPTION OF MORTGAGE~-.You _mayor -K...may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BOROW 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. Very truly yours, Susan Cinqmars Collection Counselor SC/ipp ~' - ~~ ~j ,. If fimds are received and negotiated in less than the total amount due including legal fees and costs. Harris Savings Bank resel1'es the right to return the fimds to you and continue with legal proceedings pending receipt of the total amount due. "'~ , l' ',- '" IUHARRIS@ m SAVINGS BANK 235 North Second Street P.O. Box 1711 Harrisburg, Pennsylvania 17105-1711 717/236.4041 CUMBERLAND COUNTY CREDIT COUNSELING AGENCIES Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 North Front Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 232.4985 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 Fax (717) 243-3948 "' , " . "',-- Jjllil[~ R . . ACT 91 & ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort!!a2e 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 pa!!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM ffiEMAPl may be able to help to save your home. This notice explains how the prOln'am works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITffiN 30 DAYS OF THE DATE OF TffiS NOTICE. Take this Notice with yOU when yOU meet with the Counselin!!: A!!:encv. The name. address and uhone number of Consumer Credit Counselin!!: A!!:encies servin!!: your County are listed at the end of this Notice. If yOU have any Questions. YOU may call the Pennsylvania Housin!!:Finance Al!encv toll free at 1-800-342-2397. (Persons with imuaired hearinl! can call (717) 780-1869). This Notice contains important legal infonnation. 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 find a lawyer. LA NOTIFICACION EN ADJUNTO 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 INNEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU ffiPOTECA. Harris Savings Bank 235 North Second Street, P. O. Box 1711. Harrisburg, Pennsylvania 17105.1711 717/236-4041 . w'"".......harrisbankers.com ---,'" . - -- '" T' -, -<--" "'J , , HOMEOWNER'S NAME(S): _Debra A. Monismith PROPERTY ADDRESS: _RD #9, Box 252A, Carlisle, PA 17013_ MAILING ADDRESS _157 Oakhill Rd., Carlisle, PA 17013.8929_ LOAN ACCT.NO.: 21000164 ORIGINAL LENDER: _Harris Savings Bank CURRENT LENDER/SERVICER: Harris Savines Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WIllCH CAN SAVE YOUR HOME ' FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), 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 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. TIDS MEETING MUST OCCUR WITlllN THE NEXT TIDRTY (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...lf 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 designated 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.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 "~.I . " . , right to apply for [mancial 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 consumer 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 TIllS 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 A enc of its decision on our a lication. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TIllS 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 ffirinl! it UP to date), NATURE OF THE DEFAULT-..The MORTGAGE debt held by the above lender on your property located at:_RD#9, Box 252 A, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:""payments of $241.18 for March, April, and May 2000.. Other charges: Late charges $27.32 TOTAL AMOUNT PAST DUE:_$750.86 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: 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 $750.86. 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: Harris Savings Bank 234 North Second Street - "' --, " -.-.'r ~ ' "il '. . , Harrisburg. FA 17101 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 ri!!hts to accelerate the mort!!a!!e 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 upon your mort!!al!ed propem. IF THE MORTGAGE IS FORECLOSED UPON---The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case 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 attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If YOU cure the default within the TffiRTY (30) DAY neriod. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES.-.The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE 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 right to cure the default and prevent the sale at anv time UP to one hour before the Sheriffs sale. You mav do so bv paving the total amount then past due. plus anv late or other charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in writing bv the lender and bv performing anv other reauirements 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 four 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 contracting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Harris Savings Bank 234 North Second Street (717) 909'-6295 or 1-800-554-4572 ext. 6295 (717) 909-2780 Susan Cinamars EFFECT OF SHERIFF'S SALE...You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s 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 _mayor -X..may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale'and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BOROW 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 MA Y HAVE TO SUCH ACTION BY THE LENDER. , . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Susan Cinqmars Collection Counselor SC/ipp , ~~' ,-, ,~ , If filllds are received and negotiated in less than the total amOl/nt due including legal fees and costs. Harris Savings Bank reserves the right to return the fimds to YOII and conlinue with legal proceedings pending receipt of the total amount due. -'.<-'- "-~ . , - r~L~' IUHARRIS@ .m SAVINGS BANK 235 North Second Street P.O. Box 1711 Harrisburg, Pennsylvania 17105-1711 717/236.4041 CUMBERLAND COUNTY CREDIT COUNSELING AGENCIES Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 North Front Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 232-4985 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 Fax (717) 243-3948 "' .~ ~---'"'"'-'"._-",:~.-.~~...w.-"'~~C"l ~ i~' ~~ 'J;. ',~ ...., ::c ;,)><=L- , : , i { r , ._ . ~l{ ~ ;...' ~ '. - _._- l'~'-.-;. '; I ' .'. , ~~~, , j , ~; ~;~~ 0"": 1,,0 \ u'; 't;;\:=.: ::; t;}~ti /- ~.! ,." U"T =r ...... -" '.'", .;-:~<. tr n.J CO =r .... CJ CJ CJ , . '. '., ~ " CJ CJ :0- ,." tr tr CJ r'- r..n r/l ,,'.' ~ ~ ~~ ~o Z .l ~~ ~ "- ~o ~ ~r:: Pi s:: ...... ~ ~ ~ s:: u en ~ '~e-€5 ifJQo..o 'c s:: z'S ... -8..... ~ ::c:i~::c 2 ~ .c::::> -0- 1. ~~ ~~~ c.j El . ~-'=Q~ I::! '" ". 0\ .~ 'o.;::~i::: ~~d "'~.- '. R ~ ~r ,,- May 1, 2000 The subscriber below of the U. S. Post Office located at the Federal Building, 228 Walnut Street, Harrisburg, PA, does hereby certify that an envelope was mailed with postage repaid by First Class Mail from the Harris Savings Bank addressed to Thomas E. Monismith, RD #9, Box 252, Carlisle, PA 17013 properly deposited U. S. Mailfordelivery this 1" day of May, 2000. U. S. Post Office By: Federal Building Harrisburg, PA Harris Savings Bank 235 North Second Street, P. O. Box 1711, Harrisburg, Pennsylvania 17105-1711 717/236-4041 . w"...w.harrisbankers.com " ,,;'. g 1 , ~ .1 ! ~ ,1 i I ! 1 l I :.. '. IE - ,~-._, MI.".,.....,;: " . li~ ' ~ ,~_ <,:.'~ . s... ..-".::';--:0-<'" -;( J 1 i 1 -!'l 1 '~ ! t 1 l 'j , 1 :; I If :i ,~ j ~ ~t 1~ II! 1 ~ . " - ~ cn;:; a ;;! r- ::0 0- a a:l~ .S f:l V) eb 1;;$.f3 ... ~OQ~ .- e Z..... l:::.- lI"\ l::: :C~~:C .'- ~'_O, f, , r. ,I I , I , I J ~ , :1 ~ I ~~ ""~ , <-: Q.; ~ <:> . '" i:q '\.l ! ~O\:;;; ""..:::: r... <:l .... ~~a ,:.., ~ ! . , .' 1 ,__u .._ __ -:'_'_"___~___'_ I ! I I I t i , , , I , f -- '. . , . - . ~--~-~~-';;:';:_..~::.-__.;.''::,...:.''':':''~_",:;,'''':.....c....:.;. -----. . Complete items 1, 2. and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Debra A. Monismith RD #9, Box 252A Carlisle, PA 17013 D. Is delivery address'differentfrom item 17 If YES, enter delivery address below: o Agent o Addressee (J Yes Dr 3. ~rvice Type !t!J Certified Mail o Registered o Insured Mail 4. Aestri o Express Mail o Return Receipt for Merchandise OC.O.D. ) Yes 2. Article Number (Copy from saMee labeQ ne. '''I:DV ~()()n/ I/'ifJ9 <..fSG9 IUaIdI!dll PS Form 3811. July 1999 Domestic Return Receipt 102595-99.M.1789 , '...- . - ._~ .- "~ '. ID"",,',. OJ s~~~o BANKERS ihii.>,"" . Jl t~~~ .;t~:itl ':~ LeaVIng Our Mark. (I;:" ,!,~,,? .: "~'"":.~~1 ,;T ,~~~<,o, -' May 1, 2000 The subscriber below of the U. S. Post Office located at the Federal Building, 228 Walnut Street, Harrisburg, PA, does hereby certify that an envelope was mailed with postage repaid by First Class Mail from the Harris Savings Bank addressed to Debra A. Monismith, RD #9, Box 252, Carlisle, PA 17013 properly deposited U. S. Mailfor delivery this 1" day of May, 2000. U. S. Post Office By: Federal Building Harrisburg, P A Harris Savings Bank 235 North Second Street, P. O. Box 1711, Harrisburg, Pennsylvania 17105.1711 717/236-4041 . w\"w.harrisbankers.com " f i ! 1 I j j i j f 1 1 ""--- -, .-_ ~_'"". ~,'?i"-~:.o...." . .......'.".,..... -~;-'~"-"'""--_.-.."-'-,_.,., . ..>-.-, ~ ~ , t-.. '" II II;!, ~.. "'..~"''' ~1;r-Ii'i1 ! h;'t; ; ltj;l<:' 0 :1:),_ \l\H~ ~ '!:li:::J. 'f) ~Jlll::::: ~r!' ~~' ,. r,i~L;'~~~ ~ to /, '. ~.t \ :;<~i~~ ,'\iL~;?;" r~-,i~~"" '>lC'" l;_.,"::.~.,.~;:; ~," jl~~ ~ ~~ ,..:,,-~......:-- - I - .;.' a. ...._~ ,.,.., ! 1.(,.'<.., < -:' !1~"lll ;'2:.... ;;: ":: .' Il~~ "', f.J " t.') ,o,...'iq '"', - - :J<'sa._\ .:S',~~r.t:::~1 ~ ti..'-",:::~ Q ~..t;it\.~ !::(c; r.o ::t~i. .- JI tf:...';l'\ " ! ~.&>- ""' r.' ,." ~ ~-... .c. . .~.f iI. :iJ!F "", ;... . "'rJll"'o4..,-~ ~ '.. '_ "lI.,(' - - ~..''''rJ'''l' . 01, t.~.".~ .., <:::i ....I'~'%.. c;) ;':r~~.:~~ -'f......... il; ; ..-'~~. ,Ji J ,; ;j , CJ "... Lfl ~ "... nJ cO ~ i ;~ f'1"I ",' VI) -"" (fJ. .>I' ~q ~ " ~6 Z "i:' .,n i:Q.:l o ~- ~ U5::;: a -:l r- ~ 8:< ~ -:JI::- .S B ~ :ii ~S""2 ::; ~Oo~ .- c:Z 'C ~.; ~ ~ :r:~N:I: ~~ 1 ;! ~ ~ ~ . "' ~ J f j Q LI.I >- r- CI!:: (.) LAJ -> c:: _ r- -J en LAJ iLAJ Q , c::: ----~-"-'--:-----._--.-- ~-,~,--- -.-., -, 'j, " t ;~ ~ :t , , ~ ! , ~ , & ~ , ~ ,-~ " ~~ ~ " I ' I , I I, I I I I i ! , I L I , -; . , I ~ j I; i I ~ i ~ ~' ~ ij , ~ , t , ~ ;,..,,,,,,,,,,,,,,,~ Mj(",~J ',' ~:."'~ " ,:. I , , . May 1, 2000 The subscriber below of the U. S. Post Office located at the Federal Building, 228 Walnut Street, Harrisburg, PA, does hereby certify that an envelope was mailed with postage repaid by First Class Mail from the Harris Savings Bank addressed to Thomas E. Monismith, 157 Oakhill Road, Carlisle, PA 17013-8929 properly deposited U. S. Mail for delivery this F' day of May, 2000. U. S. Post Office By: Federal Building Harrisburg, PA Harris Savings Bank 235 North Second Street, P. O. Box 1711, Harrisburg, Pennsylvania 17105.1711 717/236-4041 . '.....nv.harrisbankers.com "'. J' ~ _= jlm.;Aamj!Y.l:irl:l~~~~;:\N'~,"",,;&~~i.o!E:l1it:!'f< ~,;.,,~.....J..II~.r,.c .. ~~ ," - -~ """""'"~ .....~f" ~ ...... ,~~ - -~ ! i'-, 1",'4~n f'~l" ~ . -. F . " """, f . C\l \.<~. "i,.. j C\I ,,'''.. '~fI , ~ . '1 ~ ':"- "} ,~ 'j I , I , ;'1 I J f 1. 1 ! ,- i 'J ~2 i ~ ..l.t as ~ -g ~ ~ 9~ c Il,.1 (,Ij _ .~ $ -€ ~ ~o::i~ "E.~ 1J"l ~ ::E~:::l:t: 't:: 10\ .~ " . '- . :::"<:l..... ~Q<:: ~::::~ ~ ~ . ~~~ Sl 0 .~ :::: - ~ to-. .... ~~a ~---- ."'--~-~ -- --~~-~"":;:"_. ------' 1;1'1 Cl I:fl 1:fI 1;1"1 (,_. I . " ~ [ f : t ~ I ---, ! r~ r ! t ! , I, _. - . . . Complete items I, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mall piece, or on the front if space permits. t. Miele Addressed to: Debra A. Monismith 1 57 Oakhill Road Carlisle, PA 17013-8929 D. Is dellveJy address different from Item 17 If YES. enter delivery address below: 3. ~ieel\lpe Certified Mail Registered o Insured Mall 1 o Express Mail o Return Receipt tor Merchandise DC.a.D. '" ) Yes 2. Article Number (Copy from service la~e~ 000 ( '-I r c2 9 .../6.)D PS Form 3811, July 1999 OQmestie Return Receipt ,,' nEUllERY 102595-99-M.17S9 l ~ J , ,'^ "'. "~~, . ,; fI S""" BANKERS" i'O'.....'i. .,"j :.;;;t:~" ;"""'~ '_ "..l ''''''',:_~"$ -;A"!:1 ~~ Leaving Our Marl{. -,f.~~I?J{;it:~~.... .f , "'~''f''''/ J' ~tW ",-I-; . ....."..~,.; r' tKV'"". . May 1, 2000 The subscriber below of the U, S. Post Office located at the Federal Building, 228 Walnut Street, Harrisburg, PA, does hereby certify that an envelope was mailed with postage repaid by First Class Mail from the Harris Savings Bank addressed to Debra A, Monismith, 1570akhill Road, Carlisle, PA 17013-8929 properly deposited U. S, Mailfor delivery this 1" day of May, 2000, u. S. Post Office . By: Federal Building Harrisburg, PA Harris Savings Bank 235 North Second Street, P. o. Box 1711, Harrisburg, Pennsylvania 17105-1711 717/2364041 . www.harrisbankers.com il!il~~iiIll'lUIWi!ltM;t~;!,'filiililil.~~' . --"''''iilll.lllll~d:i! 1lI!IIIIIi~~ :' ii" , . I: I I I I, ~ G ~ ~ ~ d .. f(;) fi ,0 0 -.. . 'f7: ~ 8- 3 ... ,~-<"-) ~ c. C .. .. ~ N ..,::;::: -'n .. 6"' €~Fs ---, '" I ~;~ ---"1 (Y -;-, U rtJ .., .~.c ........... -< (=i -< p: --L.. ~ \.....C.. - - ~ __u ~ -~ < . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-05244 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPIDLE RICHARD ET AL VS REESE KENNETH J R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: REESE KENNETH J " but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On Auqust 10th , 2000 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge DEP. PERRY COUNTY 18.00 9.00 10.00 44.04 .00 81. 04 08/10/2000 RON TURO ~ . ~Thomas ~line Sheriff of Cumberland County Sworn and subscribed to before me this PI- ~ day of CJ;.tuY' ,;l{}-()'O A . D . ~{1.~~ Prothonotary ""' lIM:! 1j:~ . In The Court of Common Pleas of Cumberland County, Pennsylvania Richard Spidle & Jean Spidle VS. Kenneth J; Reese' No. 20-5244 Civil Now, 7/27/00 , 20 0 () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. //:At,' , . ~~wA~t:~-~ Sheriff of Cumberland County, P A Affidavit of Service within fl U,,\ ~CIWl PL.AqVT .~\ ,~" IL,l\ll:.::q-\__ N",_cD~f$( "'; (": '\ u_ro\~1 '_y:~ '_ '___.),~ j L;... i RYE Twp t\em ~ C "D 2000 at '1: S- 3 o'clock A M. served the '-' Now, upon at by handing to a -=r <<U\:' copy ofthe original (l..R.lYY\P 10.. [ ~ I and made known to the contents thereof. So answers, d!lc~ ~\O~heriff of County, PA Sworn and subscribed before me this 'D.;.n day of /~~:j: , 20 ~ fYiaA ,~. '4, --4- Jt/iL~ MA=~=~_ MY COMMISS ON ' '" COSTS SERVICE f"t,tJ1j MILEAGE ~3,o,/ AFFIDAVIT ;). .(1) $ LN,o~ $ --- - --., ~:-"'-j; ':~~ . .:.-c~.,,'~ ~~ "~. ~""- MIIliI ~1tJ!nlll.li6_ ~,",~J.;.J;ii:J.!"",,,Ili~>il!il1Jtj,ta~~it ""*_1 ......._~bIi!Iiiii.i..~ r , ._~- -i~ ~~.~,,~ . ~J~;~~O; 'fp'i 'JJ ' ~t' f1~2~ ';~!(" ~ c.' ,~ ::h~-;!Xff,;';it!-;.i,~:\-i&di,,~41~~it~~~iliifci,:i$'l&~~!~J1~~~~ik~~Af,i'i4~~Rill SAIDIS SHUFF, FLOWER & LINDSAY A'JT()RNf:YS-AT'LAW 26 W. High Street Carlisle. P A ".'.;,'-,,-,,, --'.""- , <-. ~ ' i........; Geoffrey S. Shuff, Esquire ID # 24848 Said is, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone no,: 717-243-6222 Fax no.: 717.243-6486 HARRIS SAVINGS BANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO, 00-5232 Civil Term THOMAS E. MONISMITH and, CIVIL ACTION - LAW DEBRA A. MONISMITH Defendant(s) MORTGAGE FORECLOSURE PRAECIPE TO WITHDRAW COMPLAINT PLEASE WITHDRAW THE ABOVE-CAPTIONED COMPLAINT NUMBER 00-5232 Civil Term AS FILED BY THE PLAINTIFF ON JULY 26,2000 AS THE DEFENDANTS HAVE SETTLED THIS DEBT BY PAYING FULL AMOUNT OWED AS ALLEGED IN PARAGRAPH 15 OF THE COMPLAINT. SAIDIS, SHUFF, FLOWER & LINDSAY .~ iiiiIiIf'" .'> ~~.^' ~ ~~t'C~""liliiiIiI - "' ~ '"" ' '=-"~""'-<~~' . .'"'.- ,,' - ~-~. " '-- - ,.." '" ~Ji C~ 0 ~ '-' "1') C 5'i ",,~, ", nl.:n n ",.,IT; (/.1 !'0 ~r)"""'j -/ '-D bY c:~ :> '-~I() .:--" ,-' ;s:.... -,..fi ~~ --!.", ;'5 ::n ~. ~~~c') C3 (sfn ""- .~ "-"I G.) -< ::i...7 \,.,~ -< if