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Home My WebLink About00-05776 " ~ -~ "~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, vs, ERNESTE.BOLTON &LAURIEA. BOLTON, Defendants. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you nlUst take action within twenty (20) days after this complaint and notice are served upon you, by entering a written appearance personally (or by attorney) and by 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, P A 17013 (717) 249-3166 No, 60 - _('77, G'u~( '-r~ COMPLAINT NOTICIA Le han demandado a usted en la corte, Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (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 fonna escrita sus defensas 0 sus objectiones alas demandas en contra de su persona, Sea avisado que si usted no se defiende, 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 sus propiedades 0 oifos derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITAABAJO PARA A VERIGUARDONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL, Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 COMPLAINT AND NOW, comes Plaintiff, by and through its attorneys, Wentz, Weaver, Kling, Good & Harris, LLP, and complains in mortgage foreclosure against Defendants as follows: -1- ~-<-.' '.-- "-, ,-,-~, "-',- 1./ Parties 1. The Plaintiff is the Federal National Mortgage Association, a corporate body established by an Act of Congress of the United States of America pursuant to the provisions of 12 U.s.C. ~ 1717, as amended, having offices in Washington, D,C" and offices for the purpose of doing business in Pennsylvania at 510 Walnut Street, 16th Floor, Philadelphia, Pennsylvania 19106. 2, The Defendants are and were husband and wife at all times relevant hereto and are adult individuals last known to be residing in the Mortgaged Premises at 40 North Enola Drive, Enola, Pennsylvania, 17025; and they are the mortgagors and real owners of said Mortgaged Premises described herein, having acquired title by Deed dated on or about February 8, 1979 and recorded on or about March 20, 1979 in the Cumberland County, Pennsylvania, Recorder's Office in Record Book I, Volume 28, Page 333 et seq, , which deed is incorporated herein by reference. Mortgage 3, On or about August 3, 1993, Defendants made, executed, and delivered to Blue Ball National Bank a Note and Mortgage, which Mortgage contains a description of the Mortgaged Premises subject to said Mortgage and was recorded on or about August 10, 1993 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 1156, Page 436 et seq,. Said Mortgage and Note are incorporated herein by reference, along with the true and correct copies of same that are attached hereto as "Exhibit A", Mortgage Assignments 4. On or about August 25, 1993, Blue Ball National Bank assigned said Mortgage and Note in writing to Plaintiff, which Assignment is currently unrecorded but is being forwarded for recording concurrent with the filing of this action, A true and correct copy of said Assignment is attached hereto as "Exhibit B". 5, Except as otherwise described herein above, there have been no further assignments of said Mortgage, Default 6, By reason of said default, Plaintiff hereby exercises its option to declare the entire amount owing upon said Mortgage and Note immediately due and payable in accordance with their terms and provisions, 7. By reason of said default, the following amounts are due in accordance with the terms of said Mortgage: Unpaid principal balance.."..,."."".""."".".,.."."".., $36,315.16 Interest balance at 7% per annum ($6,70290 per diem) thru July 27, 2000 ,."..".',.".".,.".,.".,.".'",..,.",."., 1,240,27 Late charges balance at $38.26 per month thru July 27,2000 . , . , , . , , . , . . , , , ., 128.84 -2- ~ Attorney commission, , , . , , , . , , . , , . . , , . , , , . , , . , , , , . , , , , , , . , , . , , , . , , . 1.815.75 TOTAL AMOUNT DUE. , , . , , . , , , . , , . , $39.500,02 . The attorney commission stated above represents the amount through the completion of this action and execution therein. If Defendants or their attomeys desire to reinstate (assuming that Defendants have the rightto reinstate) or pay the Note and Mortgage in full at any time in accordance with applicable law and said documents, the actual amount of attomey commission that must be paid at that time may and probably will be less than the amount slated above, and the actual amount then due may be obtained by contacting Plainti1l's undersigned attomeys at the address and phone number at the end of this complaint. Compliance with Homeowners' Emergency Assistance Act 8. Notice of rights under Pennsylvania's Homeowners' Emergency Assistance Act, Act of December 23,1983, P,L. 385, No, 91 (35 P.S, SS 1680.40Icetseq,), as amended, was sent in accordance with said Act to each Defendant, who were denied assistance under said Act, A true and correct copy of each said Notice is attached hereto as "Exhibit C" and incorporated herein by reference, WHEREFORE, Plaintiff respectfully requests the Court to enter an in rem judgment in its favor and against Defendants in the amount of $39,500.02, together with interest thereon until paid at the rate of7% per annum ($6,96455 per diem) from July 28, 2000, late charges at $38.26 per month from August 2000, escrow charges at $103,11 per month from August 2000, and all other interest, late charges, attorney fees, costs, and charges collectable under said Mortgage and Note; and for any and all other relief as the Court deems appropriate. WENTZ, WEAVER, KLING GOOD IlARRIS, LLP "\ By: Br J, arris (I.D, No. 34393) Attorney or laintiffl 132 West Main Street NewHolland,PA 17557 (717) 354-4456 -3- ~ .~,~.."" 'U VERIFICATION We verify that the statements made in the foregoing document are true and correct to the best of our knowledge, information, or belief. I further verify that I am a Loan Counselor of Blue Ball National Bank, which is the servicing agent for Plaintiff in the foregoing document; and that as such, we are authorized to make this verification on behalf of Plaintiff, particularly since we have knowledge, information, or belief of the statements and Plaintiff does not. We understand that false statements therein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities, BLUE BALL NATIONAL BANK ",,~liH~ onald A. Hodgen Loan Counselor -' L " L ! :~ ROBERT ?, ZIEGLER RECORDER OF DEEDS CUMBERLANO CDUNTY-PA '931lUG 10 Pl'l Z D9 [SPftl'oAbovoThI8U""ForRocardingData] LOAN NO. 5038139 MORTGAGE TInS MORTGAGE ("Security Instrument") is given on AUGUST 3 The mortgagor is ERNEST E ~ BOLTON AND LAURIE A. BOLTON ,1993 This Security Instrument is given to' BLUE BALL NATIONAL BANK, ("Borrower"). which is organized and existing under the laws of THE 'UNITED STATES , and whose addressis 854 W. MAIN ST., NEW HOLLAND, PA 17557 ("Lender"). Borrower owes Lender the principal sum of FORTY - FIVE THOUSAND AND 00 /:L 0 0 Doll", (U.S. $ 45,000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on SEPTEMBER 1, 2013 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements unrlet this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED which has the address of 40 N. ENOLA DRIVE ENOLA Pennsylvania 17025-2515 [St...ot] ("Property Address"); [Cityl [ZipCCldol TOGETHER Willi aU the improvements now or hereafter erected on the property. and all easements, appurtenances. and 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 mortgllge, 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. PENNSYL VANIA- Single Familv - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ,. rJ;tfI!""IIfI'L BpnldnllfarmP5upply CCl"lnc. (BOO) 446-111155 Page 1 018 InltlaI8:~vl;f'" Fonn 3039 9/90 UFT#30391191 BOOK1156 PACE 436 Exhibit "A" ~ . -, "~ " . . ~. " ~ . nus SECURITY INSTRUMENT COIf' :lles uniform covenants for national \lse andnoD,";l:mtformcovenantl with limited variations byj\lrisdic~ion to constitute a uniform se.:.- .ty instroment covering real property. tUlliil, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (t) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items". Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. ~ 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. Ifse, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or othenvise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one~time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower. without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which eacb debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may ISO notify Borrower in writing. and, in such case Borrowet' shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire 9r sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable taw provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third. to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security lnstroment unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of Ihe lien an agreement satisfactory 10 Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, ha7Ards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and sh411 include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid Single Family - Fannia Maa/Freddia Mao UNIFORM INSTRUMENT .....L2 L ttIt'~ Rev. 9/90 Pege 2 of 6 Inltlel~ ~t1D un V.f. 1191 BoOK 1156 PACE 437 ~J_'~'..d " ~.~, '. ~~ ~ "' '0. pten1iums and renewal notices. In the eV'......t of loss, Borrower shall give prompt notice w,;t:':e insurance cartier and Lender. Lender m,,"y make proof of loss if not made pro:_ . .1y by Borrower. ~;itlli;l . lInless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Prorerty 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 tbis Securlty Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or docs not l\.Qswer within 30 days a notice from Lender that tbe insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security InstrUment, whether or not then due. The 30~day period will begin when the notice is given. lInless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the clue date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 tile Property is acquired by Lender, BotrOwer's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instroment immediately prior to tbe acquisition. 6. Occupancy J Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circltmstanCes exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impttir the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causin8 the action or proceeding to be dismissed with a ruling that, in Lender's good faitb detetmination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by tbis Security Instrument or Lender's security interest. 'Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of !be lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the COVenants und agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (sucb as a proceeding in b9Dkroptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the property and Lender's rights in tbe 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 me 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. S. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the :mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to om~-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender agltin becomelJ Itvailable Itnd is obtained. Borrower shall pay tho premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give BorfOwer notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. 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, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security InstlUDlent immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Single Femny . Fannia Mae/Fraddle Mac UNIFORM INSTRUMENT ~ -.0 ./.4.4 Rav. 9190 Paga30fS lnltia~ UFT Ve.. 1191 rooK 1156 PACE 438 --, ., " . ,~- '~I Sdcurity Irls~rument shall be reduced by ,1: . amount of the proceeds multiplied by the fo1l1jj)~g fraction: (a) the total amount of tbe sums secut:ed immediately before the 1&:.. 6. divided by (b) the fa!.r market value of th~illlfuPerty immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial takihg of the Property in which the fair market value of the Property immediately before the taking is less than the'amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Ins~rument whether or not the sums are then dUe. If the property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized t~ 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 montWy payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Bon'Ower Not Released; Forbearance By Lender Not a Waiver. Extension of the time f~r 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 tbe liability of the original"Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigru; 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 tbe provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co~signs this SeCUrity Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loatl Charges. If the loan secured by this Security Instnunent 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 JJLIlke this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. NotiteS. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method, The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address slated 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 federa1law and the law of the jurisdiction in which th~ Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable lllw, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Bortower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. TrlUlSfer 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 SectJrity Instrument without further notice or demand on Borrower. 18. BortOwer's Right to Reinstate. If Borrower meets certain conditions, Borrower shall bave the right to bave enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for teinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrumentj or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' feesj and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's riShts in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fuUy effective Single family" ~ Fannie Mae/Freddie Mec UNIFORM INSTRUMENT ~ 1ft'/ Rev. 9/90 Page 4 of e Initials: 'P UFT Ver. 1/91 BOOK 1156 PAGE -139 as~if no acCeleration had occurred. Ho~' 'r, this right to reinstate shall not apply in th~W:,i,se of acceleration under paragraph 17. J9. SaI~ofNote; Change of Loan S\...., Jeer. The Note or a partial interest in the N.ogetherwith this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the ftLoan Servicerft) that collects monthly payments due under the Note and this Security Instrument. There also may he one or more changes of the Loan Servicer unrelated to a sale of the Not~. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in acconbmce with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental lAw . The preceding two sentences shall not apply to the presence, use, or Iltorage on the Property of smaIl quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, denland, lawsuit or other action by any governmental or regulatory agency at private party involving the Property and any H87Mdous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessaty, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, ftHazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, ttEnvironmental Lawtt means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNlFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applieable 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 infonn 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 payment in full of all smns secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies pro1'ided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent pennitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instnunent and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instnunent without charge to Borrower. Borrowet shall pay any recordation costs. 23. Waivers. Borrower, to the extent pennitted by applicable law, waives and releases any error or defects in proc:eedings to enforce this Security Instnunent, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exeItlption from attachment, levy and sale. and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of tbe debt secured by this Security Instrument is lent to Borrower to acquire title to the Property. this Security lnsttument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable aftet a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA. Single Family. Fannie Mae/FreddleMac.UNIFORMINSTRUMENT .'o~ BBnking Fa..... Supply Co" 100.1800)446-8655 Page 6 of e Inhial~ P Form 3039 9/90 UfT130391190 rooK115E PAGE 440 ...... ~ . 24. ' Riders to this Security Instnu .t. If one or more riders are executed by J.'l!}::,:ower and recohted together with this Security fx'!.strument, the covenants and 8gi ~meots of each such rider shall be incorporateriLfhto and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] o Adjustable Rate Rider o Graduated Payment Rider o BallOOll Rider o Olbe,(,) ['I'",ifyJ o Condominium Rider o Planned Unit Development Rider D Rate Improvement Rider o 14 Family Rider o Biweekly Payment Rider D Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: t:m,J ~ ~ ST E. BOLTON Social Security Number 208-42-5441 ~.v;6?.x.#"",-- LAURIE A. BOLTON Social Security Number 174 - /!IN-';:;' 4 tftf$46 (Seal) uY~- .Bol1'Ower (Seal) .Borrower (Seal) ,Borrower Social Security Number (Seal) .Borrowur Social Security Number [S""""Below Thi8 Un8 FotAoknowkodgmsnt] COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: 00 this, the 3RD day of AUGUST , 19 93 ,before me the undersigned officc;:r, personally appeared ERNEST E. BOLTON l\ND LAURIE A. BOLTON known to me (or satisfactorily proven) to be the person whose name THEY subscribed to the within instrument and acknowledged that THEY executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires: ~~~ :"~'" ..,..,:,,(~':.... " ,'., ,&~~~~~~9'~~~" ~.:i.~.'tIi?,Oo,'!, .,." .... ;..)._ i'r- .,,~: ""'l!,l'!!'.>'''. ',' ."'.. ,=M.'...'....., .,~ ,.;j.. (;.1.\']\ql~:.,.~~~ ,~:CL:., ".~. ,.j.,.,.."....~.. ~.,". '....)11. .,~.. , ;'~" . '.l!; . .. NOTARIAL SEAL . HOLLY F.KELLER, Nola<y PuOlIC Hampden Twp., Cumberland Counly My Commission up;'" M&ctl 15,1997 PENNSYL VANIA . SingltJ FtJmily . FannltJ Mau/Freddlu MtJe UNIFORM INSTRUMENT -}(pfl. 4 rt4. BlIlllclng Forme SIlPplv Co.. lno. 11100) 446-68'&5 Page. 6 01 6 \nitialet lP Fonn 30399/90 \JFT #:!oo.~'I9' Booi1156 PAGE 441 qi,':I\i;'.i!~IIII;h' il-"ll'Pi' .:':..~i,i .'i.;jlj'l'l'l: ..'ii:ill\:~ - 1'", ;~iIW: .. .:~"l,:~: :);!J1fllf ijl!,,, :::>ilf::n ' dh.. ."1"'" ;!:!::!i "'i!1'!i!11;: '"''I''''' lii!i/!II!ii '\1'\"" :~jjfj,~tl\:: ,v' ),1,1"" .I:,'I'( )111:" "',,',, :::>:\~i :.:,:.;';. :::';'::> .:<'::':: '-,"',,' ":" i:"" ,'" .:.' ,~: :;V' ,~ ' .,':.-':. :,"n". ,,:.,._~. ~~UL2. NOTE i1!lli>, LOAN NO. 5038139 AUGUST 3 , '9 93 NEW HOLLAND ICityl 40 N. ENOLA DRIVE ENOLA, PA 17025-2515 lPn>portyAdd....! 1. BORROWER'S PROMISE TO PAY In return (or a loan that I have received, I promise to pay U.S. $ ~principal.), plus interest, to the order of the Lender. The Lender is BLUE BALL NATI.ONAL BANlt, 45,000.00 "~~ "I'I'iiii. ,,-llilll!;" '<i,d:!::.. .,,,,..!,, "-:':IIU:li!: .."11"1:; '1('''' illll:l ':-"'11':1' ;:i[l Mij: :1(1!;II:I': ':llf::l!: ".Aj1q:I::" .:111:111 ..../'''''' .:'ii,!ljlH,: ';i~ili;i' ;-:::I:ill~mi: ":'l,'l"'-" JI1U,:~_., I I PA IStat_' (this amount is called 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 lhis Note is called the "Note Holder". 2, INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7.000 %, The intereSt rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3, PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making payments every month. J will make my monthly payments on the 1ST day of each month beginning on OCTOBER 1 , 19 93 . J will make these payments every month untill have paid all of the principal and interest and any other charges described below Ihat I tnlly owe under this Note. My monthly payments will be applied to interest before principal. If, on SEPTEMBER 1 , 2013 , I still owe amounts under this Note, I will pay those amounts in full on that date, which i~ called the "maturity date". I will make my monthly payments at BLUE B~L NATIONAL BANK, P.O. BOX 580, BLUE BALL, PA 17506 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My montbly payment will be in the amount of U.S. $ 348.89 4, BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a .prepayment". When I make a prepayment, I will tell tbe Note Holder in writing tbat I am doing so. I may mall:e a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepaymeots to reduce tbe amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5, LOAN CIlARGES 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 permiUed 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. 6, BORROWER'S FAILURE TO .PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 % of my overdue paym~nt of principal and interest. I will pay this late charge promptly but only once on each late payment. (R) Default If I do not pay the rull 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 bas not been paid and all the interest that I owe on that amount. Tbat date must be at least 30 days after the date on which the notice is delivered or mailed to me. MULTIST ATE FIXED RATE NOTE - Single Femily . FNMAlFHLMC UNIFORM INSTRUMENT Form 3200 12/83 Ilanklllg 1'0...... supply Co., Inc. (8001446-6655 Pege 1 of 2 UFT 13200 1/91 .! ~iIliIiIIl~1 \- ~ j ;Ii W: :'H ~I;: :,-1:" II: ':.1: I,;: ::1,;.\ }1; .!,~i n;: :Hrtll:: ::!h i\: :!m II" ". j'. :l: \1 :1' Ii. '~ : ~ t It 'I ::ll ,: :~~llBli:: Jllialt; ';,i~j'; ':/; ';"'ill":. '<:.:'." ...)'j~l.jl[: ;'.;::!j;iiii. .............i...11i,li,',',:,'.. '~'.. ,., ill,;.. ...'.j'i' ,0llll :~ "fIDt!j_ ";',. :,::;':;,:.," : '. : ~ :.-: ' . c'" (..... '-;:':\ . ".:;mtiW!' .."11,'"'' .,:n~!~U . ."11(' i'III,!l:. .."'1.'..... !I'i@ .,:111""1. ::'IH!;!; ;"',"")' :;il~%:: . '_:)[J~:jV . ..I,'",. '::<;1;liig:' :."111",'. ~:i'liiri! :. 'll:::'; .': ., ') :,::-:"" .:W:,_. (0) No W$liver By Note Holder .' :;UH:-: 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 al a later time. (E) Paym~nt of Note Holder's Costs and Expenses If tbe Note. Holder has required me to pay immediately in full as described above, tbe Note Holder will have the right to be paid back by [Ile for all its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for ~le> reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice tbat 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! give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under tbis Note will be given by mailing it by first class mail to tbe Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8, OBLIGA'['IONS OF PERSONS UNDER '['IDS NOTE If more tb~ one person signs tbis 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 wbo 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 tbe amounts owed under this Note. 9, 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 bave not been paid. 10. 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 ofTmst 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 wbich I make in this Note. That Security InstnJment 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: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is 1!l0Jd 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 an sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by fedetallaw as of the date of this Security Instrument. If Lender exercises this option, Lender sball give Borrower notice of acceleration. The noti.ce sban provide a period of not less than 30 days from the date the notice is delivered or mailed within wbich 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 inV"oke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WlTNIlSS 'l'HE HAND(S) AND SEAL<S) OF 1lIE UNDERSIGNED, ti:!g;.4/~ (Seal)~~ RNEST E. BOLTON .""=~, LAURIE A. BOLTON (Seal) -floIrow.., (Seal) (Soal) -80lfOwer -80lfOwer [Sign Original Only] WI OUT N,~~~~ 8'U 1 ALL NW;tl~ MULTlSTATE FIXED RATE NOTE. Single Family - FNMAlFHLMC UNIFORM INSTRUMENT Benking Fonno suppIv Co.. lno. (800)446-6666 Paga 2 o' 2 Form 3200 12183 UFrI3,200 1/91 ~ "Ii" /"',.,' "4!J' MORTGAGE ASSIGNMENT THIS INDENTURE WITNESSETH, That Blue Ball National Bank, a national bankinq corporation authorized to do business in the state of Pennsylvania having its principa~ office in East Earl Township, County of Lancaster, and state of Pennsylvania, party of the first part, in consideration of the sum of TWO OR MORE DOLLARS, the receipt whereof is hereby aCknowledged, hereby sells, assigns and transfers unto, FEDERAL NATIONAL MORTGAGE ASSOCIATION , 510 Walnut street - 16th Floor Philadelphia, PA 19106-3697 party of the second part, a certain INDENTURE OF MORTGAGE dated the ~day of Auaust. 1993, A.D., signed by Ernest E. Bolton Laurie A. Bolton conveying to Blue Ball National Bank as mortgagee, the following described premises, to wit: 40 North Enola Drive. Enola. FA 17025- 2515 and further sells, assiqns and transfers unto said party of the second part and debt secured by said mortgage and all of said mortgagee's right, title and interest in and to the premises hereinabove descri~ed, said mortgage is recorded in the office of the Recorder of Deeds for the County of Cumberland, State of Pennsylvania in Book 1156 , paqe 442 , as Document No. IN WITNESS WHEREOF, said party of the first part has caused this instrument to be signed by its Senior vice President and its vice President, with its seal hereto affixed, this ~ day of Auaust, :::Ol'rpJif Prepared by and returned to: Blue Ball National Bank 1060 Main Street Blue Ball, PA 17506 STATE OF PENNSYLVANIA COUNTY OF LANCASTER: SS I the undersigned officer, a Notary ,Public in and for the County of L~ncaster in the state of Pennsy~vania, do hereby certify that Joseph C. Spada/Senior Vice p~esfdent and Carl Weaver/Vice President of Blue Ball National Bank, wqo ~re personally known to me to be the same persons whose names are sup~dribed to the foregoing instrument as such Vice Presidents appeared 'bef~re~me this day in person and acknowledge that ;they signed, se~~ed'and delivered said instrument a~ their free and voluntary act and: as the free and voluntary act of sald Blue Ball National Bank for the ~ses and purposed therein set forth and caused its seal to be thel;'etb attached. Given under my hand and Notarial Seal this ~ day of Auaust. 1993, A.D. COMMISSION STAMP Notarial Seal KoIIy A. Kalhe<man, Nola<y Public Uwe~~600::x:kT~..LaIlC:aSte!"CClunty My commission Expires Sept::.. 1994 Me~--r,-F~~~ 9 ~OO~ N tar. P blJ.C Exhibit "B" , , , ' ~ ,- " ~,' . BLUE BALL' National Bank Date: May 1, 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaaae on your home is in default. and the lender intends to foreclose. Soecific information about the nature of the default is orovided in the attached oaaes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helD to save your home. This Notice exolains how the oroaram works. To see if HEMAP can helD. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet with the Counselina Aaencv. The name. address and ohone number of Consumer Credit Counselina Aaencies servina your Count\' are listed at the end of this Notice. If YOU have any auestions. YOU may call the Pennsvlvania Housina Finance Aaencv toll free at 1- 800-342-2397. (Persons with imoaired hearina can call (717) 780-1869h 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 D.E SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENr)O EN SU CASA. 51 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDlTAMENTE LLAMANDO EStA AGE~CIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMip:RO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTA'MO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Exhibit "e" P.O. Box 580, 1060 Main Street, Blue Ball, PA 17506, 717. 354 . 4541, www.bbnb.com A Subsidiary of pennRtx:XFinancia1 Seroices Corp. -- '~"' ~~'-Yi . BLUE BALL National Bank HOMEOWNER'S NAME(S): Laurie A. Bolton PROPERTY ADDRESS: 40 N. Enola Drive Enola, PA 17025 LOAN ACCT. NO.: 5038139 ORIGINAL LENDER: Blue Ball National Bank CURRENT LENDERlSERVICER: Blue Ball National Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCEWHICH 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 PENNSYLVANIA HOUSING FINANCE AGENCY. P.O. Box 580, 1060 Main Street, Blue Ball, PA 17506, 717. 3S4 . 4541, www.bbnb.com A S~bsidiary of Prn"fl.c<;kFinan<iaJ Services Corp. .....~". '" . c., .--<~ .< ..J JJ>..-~ . BLUE BALL National Ban~ TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCURWITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency 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 desianated consumer credit counselina aaencies for the county in which the property is located are set forth atthe end ofthisNotice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this tjIotice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's. Emergency Mortgage Assistance Program. To do so, you must fill out, sign and fjle 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 THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGA.GE 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 p.o. Box 580, 1060 Main Street, Blue Ball, PA 17506, 717. 3S4 . 4541, www.bbnb.com A Subsidiary of Pen.nRockFinandal Seruias Corp. ""'m . ~ ' - J -~IiaitHJ'J . BLUE BALL National Bank requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY. THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: A. IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: March 1 and Aoril1. 2000. each in the amount of $452.00 Other charges (explainlitemize) Late fees:$76.52 TOTAL AMOUNT PAST DUE: $980.52 B, YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): 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 $ 980.52 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: IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRlY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within THIRlY (30) DAYS, the lender also intends to instruct its attorneys to start P.O, Box 580, 1060 Main Street, Blue BalL PA 17506, 717. 354 . 4541, www.bbnb.com A Su~i!I!f'1' 11/ Pen~~i""ncial Services Corp. -- - ' ~ , ,,-, ~'---, .i i: BLUE BALL National Ban. legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortaaaed property will be sold by the Sheriff to payoff the mortaaae debt. If the lender refers your case to its attomeys, but you cure the delinauency before the lender beains leaal proceedinas aaainst you. YOU will still be reauired to pay the reasonable attorney's fees that were actually incurred. UP to $50.00. Howeyer, if leaal proceedings are started aaainst 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. vou will not be reauired to pav attornev's fees. 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 proceedinas have beaun, you still have the riaht to cure the default and prevent the sale at any time UP to one hour before the Sheriffs Sale, You may do so by payina the total amount then past due, plus any late or other charaes then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writina bY the lender and bY performina any other reauirements under the mortaaae. Curino vour default in the manner set forth in this notice will restore vour mortaaoe to the same position as if vou had never defaulted. OTHER LENDER REMEDIES -- The lender may also sue YOU personallY for the unpaid principal balance and all other sums due under the mortaaae. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortaaaed prope~ 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 lonaer YOU wait. You may find out at any time exactly what the reauired payment or action will be by contactina the lender. HOW TO CONTACT THE LENDER: Mr, Donald A. Hodgen Blue Blall National Bank 1060 Main Street Blue Ball, PA 17506 (717) 354-3568 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 Iiye P.O, Box 580, 1060 Main Street, Blue Ball, PA 17506, 717' 354 . 4541, www.bbnb.com A Subsidiary of PennRockFinancial Serlnces Corp. ~'^ ~,~, L', "'~_7 ,,' -" ....~ ~J . BLUE BALL National Bank 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 BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. ENCLOSED IS A LISTING OF CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY. Very truly yours, ~odiA dgoo Loan Counselor P.O. Box 580, 1060 Main Street, Blue Ball, PA 17506, 717' 354 . 4541, www.bbnb.com A Subsidiary of PennRockFinancial Seroias Corp. .~- ... :i -1 " BLUE BALL" N a t ion a 1 Ban k '[ HEMAP COUNSELING AGENCIES IN CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 171 02 (717) 541-1757 Urban League of Metropolitan Harrisburg 2107 N. 6th Street Harrisburg, PA 17110 (717) 234-5925 FAX (717) 234-9459 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3'd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, P A 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 P.O, Box 580, 1060 Main Street, Blue Ball, PA 17506, 717' 354 . 4541, www.bbnb.com A Subsidiary oj PennRixkFinancia1 Sennces Corp. '- , , -~ , . . l<i--Ill' ~4j '1' ~ '1~';, . BLUE BALL National Bank Date: May 1, 2000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaaae on your home is in default. and the lender intends to foreclose. Soecific information about the nature of the default is provided in the attached oaaes. The HOMEOWNER'S MORTGAG.E ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice exolains how the oroaram works. To s.ee if HEMAP can helo. vow must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN :;31> DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when \tou meet with the Counselina Aaencv. The name. address and phone number of Consumer Credit Counselina Aaencies servina vour County are listed atitHe end of this Notice. If you have any auestions. vou mav call the PennsVlvania Housina Finance Aaencv toll free at 1- 800-342-2397. (Persons with imbl&ed hearina can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO E~ DE SUMAIMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDP EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOSA,L NUMEROMENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESrrAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDlDA DEL DERECHO A REDIMIR SU. HIPOTECA. P.O, Box 580, 1060 Main Street, Blue Ball, PA 17506, 717' 3S4 . 4541, www,bbnb.= A Subsidiary of PronRockFinancial Seroias Corp. ~h' - .~ " ~"'" . BLUE BALL National Bank HOMEOWNER'S NAME(S): Ernest E. Bolton PROPERTY ADDRESS: 40 N. Enola Drive EnoIa, FA 17025 LOAN ACCT. NO.: 5038139 ORIGINAL LENDER: Blue Ball National Bank CURRENT LENDERlSERVICER: Blue Ball National Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE 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 REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. P,O. Box 580, 1060 Main Street, Blue Ball, PA 17506, 717. 354 . 4541, www.bbnb.com A Subsidiary of PennR<<kFinancial Servias 01rp. ., - ""..... , -'< " 0.; .i,\ BLUE BALL National Ban TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MdRTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAUL Tn. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency 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 desianated consumer credit counselinaaaencies 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 immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated 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 THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time p.o. Box 580, 1060 Main Street, Blue BalL PA 17506, 717' 354 . 4541, www.bbnb.com A Subsidiary of PennR<<kFinancial Sennas 0ffp, w~ < - .' ." -. ~. 11<.,-" . BLUE BALL National Bank requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) . . HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: A. IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: March 1 and April 1. 2000. each in the amount of $452.00 Other charges (explainlitemize) Late fees:$76.52 TOTAL AMOUNT PAST DUE: $980.52 8, YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT .-YQu may cure the default within THIRTY (30) DAYS of the date ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 980.52 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bvcash. cashier's check. certified check or money order made pavable and sent to: IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS ofthe date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start P.O, Box 580. 1060 Main Street Blue Ball, PA 17506, 717. 354 . 4541, www.bbnb.com A Subsidiary of PennRockFinancial 5eroi= Corp. " ~liiiIIIIIillilllii-^"~ ..--.. """'--'"'"'''''''''''~ ' . BLUE BALL National Bank legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortaaaed property will be sold by the Sheriff to payoff the mortaage debt. If the lender refers your case to its attorneys, but you cure the delinauency before the lender bea/ns leaal proceedinas aaainst you. yOU will still be reauired to pay the reasonable attorney's fees that were actually incurred, UP to $50.00, However, if leaal proceed/nas are started aaainst vou. 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 THIR.TY (30) DAY period. YOU will not be reauired to pay attorney's fees. RIGHT TO. CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If yOU have not cured the default within the THIRlY (30) DAY periOd and foreclosure proceedinas haye beaun, you still have the riaht to cure the default and prevent the sale at any time UP to one hour before the Sheriff's Sale. You may do so by payina the total amount then past due. plus any late or other charaes 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 writina by the lender and by performinaany other reauirements under the mortaaae. Curina your default in the manner set forth in this notice will restore your mortaaae to the same position as if yOU had never defaulted. OTHER LENDER REMEDIES - The lender may also sue yOU personallY for the unpaid principal balance and all other sums due under the mortaaae, EARLIEST POSSIBLE SHERIFF'S SALE DATE -It is estimated that the earliest date that such a Sheriff's Sale of the mortaaaed proo~rty 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 lonaer you wait. You may find out at any time exactly what the reauired payment or action will be by contactina the lender. HOW TO CONTACT THE LENDER: Mr. Donald A. Hodgen Blue Blall National Bank 1060 Main Street Blue Ball, FA 17506 (717) 354-3568 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 P.O, Box 580, 1060 Main Street, Blue Ball, PA 17506, 717' 354 . 4541, www.bbnb,oom A Sub,idu,'Y of PmnRixkFiruma.i Services Corp. . BLUE BALL National Bank 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 -1L 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 BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. ENCLOSED IS A LISTING OF CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY. Very truly yours, D Donald A. ligen Loan Counselor P.O. Box 580, 1060 Main Street, Blue BaJl, PA 17506, 717. 354 . 4541, www.bbnb.com II Subsidiary oj PennRix:kFinaru:ial Services Corp. "-" . B L U E B A L L~ National Bank HEMAP COUNSELING AGENCmS IN CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg 2107 N. 6tti Street Harrisburg, P A 17110 (717) 234-5925 FAX (717) 234-9459 Community Action Commission of the" Capital Region 1514 Derry Street Harrisburg,PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rt! Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 P.O, Box 580, 1060 Main Street, Blue BalL PA 17506, 717.354.4541, www.bbnb.com A Subsidu"y of P<nnRockFinandal Servias Corp. ~ ~ .'-' "---i!,;~."b',,,;",>!.';".l~,,' , ':;;'-.;];"-";"',\0,1., <,- "i!"~!~i,::.,.yjll0'ii!""L~;t:i;l~~IjU:,,,,,,,,,,,,,__.,> ,',:^A-o-,"~.-j)~'~v,;,if".h~if.l!iil (:) <: ~ ~~ ~ h .Crt . ....... Vv d g ~ 0 ~ ..c::: 0 ~ .... "V~ fJ p:-~ ~ J -~.> ~\;~:~ 2:.:-0 zr:_" u',.; ~~) ~~~ Z -.-1 --< o ~ "', c:> o '2: 1..... ,,-, N o "T; ..-t fT:j~ "':_J('il ~-:,,,--? ';~(~) .~J ;(~f~ 8 c;:! (I). '5j =< ~ '>> .-l Ie ~'..-",",,~~~""- ~~, - . ,,,,i~~"~~_JM. ; ....; ~. - ... SHERIFF'S RETURN - REGULAR CASE NO: 2000-05776 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE VS BOLTON ERNEST E ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOLTON ERNEST E the DEFENDANT , at 0019:05 HOURS, on the 22nd day of August 2000 at 40 N. ENOLA DRIVE ENOLA, PA 17025 by handing to CPL. MICHAEL BARRICK a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9,92 .00 10.00 .00 37,92 So Answers: r~~~t;~( R. Thomas Kline 08/23/2000 WENTZ, WEAVER & KLING Sworn and Subscribed to before By: me this 7'iE:- day of tr- YwU otL-- C'. ~ ~ Prothonotary A.D. ~ .. SHERIFF'S RETURN - REGULAR CASE NO: 2000-05776 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE VS BOLTON ERNEST E ET AL CPL, MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOLTON LAURIE A the DEFENDANT , at 0019:05 HOURS, on the 22nd day of August , 2000 at 40 N. ENOLA DRIVE ENOLA, PA 17025 by handing to ERNEST E. BOLTON a true and attested copy of COMPLAINT & NOTICE together with 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:~f R. Thomas Kline 08/23/2000 WENTZ, WEAVER & KLING Sworn and Subscribed to before By: me this 7 IY day of ~ ;20<>0 A,D. ~I'O~~ thonotary , ~-, .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVll.. ACTION--MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE, ASSOCIATION Plaintiff, No, 00-5776 Civil Term v. ERNEST E. BOLTON & LAURIE A. BOLTON, Defendants, PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Because Defendants have failed to file within the required time an answer to the Complaint and Notice to Defend filed and duly served upon said Defendants in the above matter, please enter judgment in accordance with Pa, R. C,P, 1037 in favor of Plaintiff and against said Defendants as follows: Amount Due per Complaint. ""..."""", $ 39,500,12 Interest at 7% per annum ($6,96455 per diem) from 7/28/00 to 9/26/00, , , , , , , , . . . . . , , , , , , , , , , , , , , ,$ 424,84 Late Charges at $38,26 per month from 8/00 to 9/00 , , , .. . , , , , , , , , , , , , , , , , , , , , , , , , , , $ 76,52 Escrow charges at $103,11 per month from 8/00 to 9/00, , , , , , , , , , , , , , , , , , . . , , , , , , , , , , , , TOTAL $ 103.11 $ 40,104,59, plus interest from 9/27/00 at 7% per annum ($6.96455 per diem), plus late charges at $38.26 per month from 10/00, plus escrow charges at $103,11 per month from: 10/00, plus costs We hereby certify that written notice of intention to enter default judgment against said Defendants was mailed to each Defendant in accordance with Pa,R.C,P, 237.1 and that a true and correct copy of each said notice is attached hereto and incorporated herein by reference, , WEAVER, KLING, GOOD & HARRIS, LLP DATED: September 26,2000 By: . Harris Atto eys for Plaintiff 132 West Main Street NewHolland,PA 17557 (717) 354-4456 Attornev LD, No, 34393 AND NOW, this.;J!, day of directed. . ,2000, judgment is hereby entered in the above matter as hereinabove "~... " "~ 1. ;~ ~. ~ ~., ~, ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, No. 00-5776 Civil Term vs, ERNEST E. BOLTON & LAURIE A. BOLTON, Defendants, COMPLAINT IMPORTANT NOTICE TO: Ernest E. Bolton 40 North Enola Drive Enola, PA 17025 Laurie A. Bolton 40 North Enola Drive Enola, P A 17025 DATE OF NOTICE: September 13,2000 YOU ARE INDEFAUL TBECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIllS CASE, UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 IMPORT ANTE A: Ernest E. Bolton 40 North Enola Drive Enola, P A 17025 Laurie A. Bolton 40 North Enola Drive Enola, P A 17025 FECHA DE NOTICIA: September 13, 2000 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDlDAS REQUERIDAS RESPECTO AESTE CASO, SI USTED NO ACTUA DENTRO -1- -, . ~ . ~. ~ . DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTIC1A, ES POSIBLE QUE UN FALLO SERIAREGISTRADO CONTRA USTED SIN UNA AUDIENCIA YUSTED PODRIA PERDER SU PROP1EDAD 0 OTROS DERECHOS 1MPORTANTES, USTED DEBE LLEV ARESTA NOTICIA A SU ABOGADO EN SEQUIDA. S1 USTED NO TIENE ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERV1CIOS DE UN ABOGADO, VAYA 0 LLAME A LA OF1CINA ESCRITA ABAJO PARA A VERIGUAR A DONDE USTED PUEDE OBTENER LA A YUDA LEGAL, Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 170 I3 (717) 249-3166 WENTZ, WEAVER, KLING G D & EfARRIs, LLP By: Br 0 arris (I,D, No. 34393) Attorney for laintiff 132 West Main Street New Holland, PA 17557 (717) 354-4456 -2- .;.."'"'-"'-" - t- -'~'~.L:;lil'&~l!J.l<;~iiii&'-"li"""'i"i~"""- ""'"......~ :.'1'--0,' , --",_",.,~..;""~~,,<2.~',, '''~~~lii'-libtM!W'' ._ iW"MIHl1i, ",'~"'WIW!~;m:Ji. ~ ~~. ~ ~ l~ ~ ~ I ,,~ . ~~~ ~ (") ~; vct; rnr:-: Z."J-' ~S; e:E:.J iEo ::;8 ~ ~1I1ilIIIm'l \0 '.:::~ r:~ :,,'") -'ry --;'J r".) ("! :J~~g :-t=8 ;',j() :''5 fTJ 51 :n -<: -r.,1 -"J- ry ~ "'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CML ACTlON--MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE, ASSOCIATION No. 00-5776 Civil Term Plain/iff, v, ERNEST E. BOLTON & LAURIE A. BOLTON, Defendants, AFFIDAVIT THAT DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO THE SOLDIERS' AND SAILORS' CIVIL RELffiF ACT OF 1940. AS AMENDED I, BRADFORD J, HARRIS, ESQUIRE, hereby depose and state that I am the attorney for Plaintiff; that as such, I am authorized to make this Affidavit on behalf of Plaintiff; that to the best of my knowledge, information, or belief, Ernest E, Bolton, a Defendant in the above-captioned action, is not in the military or naval services of the United States of America, based upon the following facts regarding said Defendant as of the date of this Affidavit: Age: Over 18 Last Known Place of Employment: Unknown Last Known Place of Residence: 40 North Enola Drive, Enola, P A 17025 ADDITIONAL FACTS (if any): Made upon information supplied and believed to be true and correct. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, or belief. I understand that false statements herein made are subject to the penalties of 18 Pa,C.S. ~ 4904, relating to unsworn falsification to authorities, DA TED:Seotember 26. 2000 \ ~ . ," ,'",'- "'-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE, ASSOCIATION No, 00-5776 Civil Tenn Plaintiff, v, ERNEST E. BOLTON & LAURIE A. BOLTON, Defendants. AFFIDAVIT THAT DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO THE SOLDIERS' AND SAlT ,ORS' CIVIL RELIEF ACT OF 1940. AS AMENDED I, BRADFORD J. HARRIS, ESQUIRE, hereby depose and state that I am the attorney for Plaintiff; that as such, I am authorized to make this Affidavit on behalf of Plaintiff; that to the best of my knowledge, infonnation, or belief, Laurie A. Bolton, a Defendant in the above-captioned action, is not in the military or naval services of the United States of America, based upon the following facts regarding said Defendant as of the date of this Affidavit: Age: Over 18 Last Known Place of Employment: Unknown Last Known Place of Residence: 40 North Enola Drive, Enola, P A 17025 ADDITIONAL FACTS (if any): Made upon infonnation supplied and believed to be true and correct. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, infonnation, or belief, I understand that false statements herein made are subject to the penalties of 18 Pa.C,S. S 4904, relating to unsworn falsification to authorities. DATED:Seotember 26. 2000 ,~_r" ~ ~..i"rLMl~__,lliJI,,"mlol~;1"__'l'~"',- . 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