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Home My WebLink About00-05977 - . , ; .I~U . , " . MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, P A 19110 (215) 923-2225 FIRST UNION NATIONAL BANK 1100 CORPORATE CENTER DRIVE. RALEIGH, NC 27607-5066 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No.: /IV-5'177 Cw..:.t,-~ DAMON K. TURBY 8 PEACH ORCHARD ROAD NEWVILLE, PA 17211 CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT KATHLEENM. TURBY 8 PEACH ORCHARD ROAD NEWVILLE, PA 17211 Defendant(s) ',- . -. 'B;';, , ~. = -~ ,', ,_. 0-',,;;,"_,_, '~", NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after 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 judgement 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 TillS 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. COURT ADMlNlSTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TII FLOOR CARLISLE, P A 17013 1-717-240-6200 -",j o ~I" ~- H_.- ,,-,I ***************************************************************************** NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ***************************************************************************** I. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notifY our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. " 1 h ,'.' _,,-"," ,;,.;,1 " ,.. '-},!"'~, MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, P A 19110 (215) 923-2225 FIRST UNION NATIONAL BANK 1100 CORPORATE CENTER DRIVE RALEIGH, NC 27607-5066 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No.: O"V. 5917 Cwu!-/...<A- DAMON K. TURBY 8 PEACH ORCHARD ROAD NEWVILLE, P A 17221 CML ACTION MORTGAGE FORECLOSURE COMPLAINT KATHLEENM. TURBY 8 PEACH ORCHARD ROAD NEWVILLE, PA 17221 Defendant(s) CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT 1. First Union National Bank (hereinafter referred to as "Plaintiff') is a bank, conducting business under the laws of the Commonwealth of Pennsylvania and brings this action to foreclose in the Mortgage executed between Damon K. Turby and Kathleen M. Turby, mortgagors hereinafter referred to as "Defendants" and First Union Home Equity Bank. Said Mortgage is dated March 31, 1999 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County, Pennsylvania on April 9, 1999 in Mortgage Book 1532, page 1130. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit "A". 2. Said mortgage was subsequently assigned as follows: . , 'J. -"- >j.-,,-- .' a. To First Union National Bank, recorded on 11/19/99 in Book 631, page 11. Said Plaintiff is the proper party plaintiff herein by way of assignment. 3. The Mortgage secures Defendants' Note dated March 31, 1999 in the amount of $67,000.00 payable to Plaintiff in monthly installments with an interest rate of 9.65%. 4. The land subject to the mortgage is: 8 Peach Orchard Road, Newville, P A 17211 A copy of the legal description is attached hereto and incorporated by reference. 5. The Defendant(s), Damon K. Turby and Kathleen M. Turby are the Real Owners of the land subject to the mortgage. The Defendant(s) mailing address is 8 Peach Orchard Road, Newville, PA 17211. 6. The Mortgage is now in default due to the failure of the Defendants to make payments as they became due and owing. The following amounts are due: Principal Balance Interest Calculated to August 15, 2000 Late Charges Attorney Fees Total $ 66,599.46 $ 2,356.20 $ 180.08 $ 3,329.97 $ 72,465.71 plus interest from 8/16/00 at $17.85 per day, costs of suit and attorney fees. 7. In accordance with the provision of the Act of January 30,1974, P.L. 13 No.6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose is not required in said proceeding as the bona fide consideration is in excess of $50,000.00. A Notice of Homeowners' Emergency was sent to the defendants by regular and certified mail on July 13, 2000. A copy of said notice is attached hereto and made a part hereof as Exhibit "C".. The Defendants have not cured the default. ." " ~ ,"'" 1_0",";, ~ - 'I UI'1;rn~iI.' ^ WHEREFORE, Plaintiff requests the court enter Judgment in Mortgage Foreclosure for the sale of the mortgage property in Plaintiff s favor and against the Defendants, in the sum of $72,465.71 together with interest from 8/16/00 at $17.85 per day, costs of suit and attorney fees. MATTLEMAN, WEINROTH & MILLER BY: Sharon Oras Morgan #60068 00-54615 L , !I ~I It '~ i ~I.. ~' , I r,"_. L ,~....."',... i--I _r.,,- l.,...:;- 00 lllJG ~: 9 'iJH:'1Y ~ , ''.t, I r-i ~" u...... CUlvlG[:FiLAi\\) C()Ur\JTY PENNSYLVANIA ~~-,.~- lIll_,~~..." ~JI!!'W_r~~"!,,,~,~4;!-~i ., ,,,!Wl'll~lII'!I!'I~__'r"!'~,~;I~f~~1ffl T':~-"- '" ,. =. .- alii ""'" _"..,c",.", ..... Account No. ,4'ftftftCOlI--. 1bls msUUlllCllt was prepared by: CEo. 1 L.: IE TR UE CO'Y FIRST UNION IIOME EQUI1Y BANK, N. A. 101lS HIGHWAY <<11& (N....) CROSS ClU!1!K POIIfI'E, SUITE 2D2 W1LK1!8-8ARRE PA ta7ll2 (Addre..) MORTGAGE THIS MORTG made this..!!!!.. day of _ ,..8 , between the Mortgagor, DAMQ1I K KAllILEEN M tuRBY (heIein "1lorrower"), whose address is 8 PI!ACH ORCHARD AD NI!WYlUE PA 17241 lIIIII lhc Mortgagee, F11lS1' UNION HOME EClUnY IIANK, No A. ,. nOlional banJdng association organized and existing under the laws of the UDited Slales or America, whose address is CON8-14l1811 CHAIlLOlTE, NC - (herein "Under"). WHEREAS, Borrower is indebted 10 Lender in the principal sum of U.S. $ 87,ooll.OO . which indebtedness is evidenced by Borrower's nole dated Mardi 31 111II and extensions, renewal. and modifications theJeOf (herein "Note'), providing for monthly installmems of principal and Imerest, with the balance of indebtedness. if not sooner paid, due and payable on AprIl & 21114 TO SECURE 10 Lender the repaY1lW11 of the indebtedness evidenced by Ihe Note, with interest lhereon; the payment of all other sums, with interest lhereon, advanced In accordance herewith to plOleCt the ._Iily of this Mortgage; lIIIII the performance of lite covenanlS and agrcemenlS of Borrower herein contained, Borrower docs hereby mortgage, granl and convey 10 Lender Ihe following described properly located in lhe Counly of CUMBERLAND ,State of Pennsylvania: SEE ATTACHED EXHIBIT "A" l!!!!111111I111 03. See Inst UNREC ~ which has the adcIrelIs of 8 PEACH 0RCIWlD RD (Stlllll NEWVIU.E (Ci!)') PA lml (StaIO) (Zip Code) (herein "Property Address"); lJOOl5(1lcollO) .....101' o:r i.f{d fOl,.". PA FR/ARM MQ ~ ~ _~ l ~.~~ ~...~ ~~ ,""",-, -~""~>_. -- TOGETHER with all tbe improvemenlS now or hereafter erected on the properly, ami all easements, rigbts, app1I1'TeIIaIIC and IllIIIlI all of wbich shaI1 be deemed 10 be lIIId remain a pan of tbe properly covered by this Mortgage; and all of the forclOiDg, together with said property (or the leasehold eslate if Ibis Mortgage is on a leasehold) are hereinafter memd 10 as tbe 'Property.. Any Rider ("RIder") IltIached hereto 8nd executed of even dllte Is Inoorporated herein IUd the COVeJlllat 8nd ~eats of the Rider &lid _end 8nd supplement the eoveDllllts 8nd sgrements of this Mo&'tgllle, IS If the Rider were 8 pIII't hereof. Borrower COY_S thai Borrower is lawfUlly seized of lite estale hereby conveyed and has tbe right 10 mortgage. granl and l:OIIYey the Property, lIIId lbatthe Property is unencumbered. ezc:ept fur encumbrances of rccotd. Bol'lOwer covenants dult IloJ:rower _ta ami will defend generally lite tiI1e 10 the Property apinat all claims and demands.. subject 10 encumbrances of m:orcI. . UNIFORM COVENANTS. Borrower ami Lender covenant and agtee as follows: 1. l'IQoment or PrIncIpd8nd 1IIHnst. Bonuwer shall promplly pay when due tbe priDclpal and interest indebrcdJJess evidenced by the Note. This Monaage secures paylllelll of slid Note according 10 its tenns, which are iDcotpOlllled herein by reference. 2. AppllC!lltloD of PlIyments. Unless applicable law provides otherwise. all paymcntB teeeIvecI by Lender under tbe Note and pmaraph I hereof shall be applied by Lender IiIlt 10 interest due on the Note. to my permitted in tbe Note mil then to the priDcipal baIaDce of the NOIe. . 3. Prior MOI1pgts lIIUI Deeds of Trust; Charges; Uens. Borrower sha1l perform all of Borrower's obllgadons, under any IIIDrtgage, deed of tI1ISt or other security agreemetIt with a 1len wbich has priority over this Mortpge, includiDg Borrower's covenmts 10 make payments when due. llomJwer sItaIl pay or cause to be paid all WteS, IlSSesSIIICII1S ami other c:barges. fiIIes IIIIlI impositions attributable 10 Ihe Property which may attain a priority over this Mortgage. ami leasehold paymelllI or ground rents, if my. 4. If8zard 111I_ a) Borrower shaI1 keep lhe improvemems now eJlisllng or hezeafter erected on the Propeny IDsunid against Iou by fire, hazanls1Dcluded within tbe term '1'1'-.tM coverage". and my other hazards, 1Dcluding floods or flood. for wbidI Lender .. insuDm:e. This insurance sba11 be maintained in theamounll ami for lite periods that Leader requires. The insuDm:e carrier providiDg the insuDm:e sba11 be chosen by Ilortower subject 10 Lender's approval which shall DOt be 1IIII'easOII8b1y with1le1d.lf Borrower f811s 10 mslutaltt coverage described above. Lender may. at Leader's option. obIIIIn coverage 10 protect Lender's rigbts in tbe Propeny in accordance with paragraph 6. b) All insurance poI1eies 8Dd _als shall be acx:eptable to Lender 8Dd shalllnc1ude a Slalldard mortgage clause. Lender sball have the rI&ht to hold the policies and renewals. If Lender requires, Borrower sItaIl promptly give 10 Lender all receipts of paid pmuIuma and .renewaI noliccs. fa tbe event of IClIIII, Borrower sbaIJ give prompllO thc illSlIJ1IIICe carrier ami Lender. Lender may make proof of loss If not made promptly to Borrower. c) Unless Leader and Borrower otherwise lIIfCC in writing, insurance proceeds shall be applied 10 restoration or r:epair of the P>v~ danJa&ed. if tbe IeItlmlllon or repair is economically feasible aml1.enIIer's security is notlessencd. If the restOration or npair is JIIII ecoJlO1IIicaIly feasible Dr Lender's seeurlty wonld be lessened. lhe insuDm:e proceeds sbaIJ be applied 10 tbe 8UIIII BeelIncI by this Security IDSIl'UIIICIII, whether or DOt tben due. with any _ ~d to ~. If Borrower ~"",Iloow tbe Property or does 1101 answer within 30 clays a notlce from Lender that the III!lII1'8IICe carner has offered to seale a cIaitn, tIteIl Lemler may 1lO1Iecl tbe iDsursnce proceeds. l.eadeIl' may use lhe proceeds 10 r:epair or te8lore the Property or 10 pay sums secumd by this Security 1_. wbeIher or DOIIhen due. The 30-day period will begin when the notlce is given. 2*1' .. aD ,. 2011 o~, )L~ CUlm PA fR/""'''''' :1~W"'"" ,,~> ~ ~ ~ - ~ .~~,,,"',' ~ ..... d) Except as provided ill subparagraph 4(e) below, should paI1iaI or complete deslruction or damage occur 10 the Property, Bonower heRby aar- !hat any and all iDstnJmems evldeticillg InsIU'lllll:e prot:eeds n:ceived by Lender as a resull of said damage or deltruction, shall be placed in a non-interest IlearinB escrow IIllCOIII\I with Lender. AI Lender's discretion, Lender may meaae some or all of the prot:eeds from escrow after Borrower presenls Lender with a receipt(s), Invoice(s), wrilten CSllmates(s) or other document(s) acceptable 10 Lender which relales 10 the repair and/or improvemenls of the Propmy Jm:eSSary as a resull of said damage lmdIor destnlClion. Absenl an agreemeDl 10 the COIIIrary, Lemler sball DOt be required to pay Borrower any interest on the proceeds held in the OlICl'OW aecount. Any amounts remaining in the at:COUIII after all repairs and/or improvements have been made 10 the Lender's satisfm:tion, shall be applied to the sums secured by this Deed of Trust, Deed 10 Secure Debl, or Mongage. Bonower fitrtber agrees 10 coopetate with Lender by endorsiDg all, checks, drafts and/or other inslruments evidem:inll insuraoce proceeds; and any necessary documents. Should Borrower fail 10 provide any required eadorsemem and/or execution within tbirty (30) days after Lender sends borrower nolice !hat Lencler bas received .-0. inslrWllCl1l evidencing insurance proceeds, or doc:umem(s) JeqUlring Bonower's slgnaI\IR, Borrower hereby aulhOri2Jes Lender 10 endorse said instrumenl llIIdIor documenl(s) on Borrowers bebalf, and wlleel and apply said proceeds at Lender's option, either 10 reslOration or repair of the Propeny or to sums secured by this Deal oC Trust, Deed to Secure Debt, or Mortgage. It is not the intention or either party lbat Ibis escrow provision, and/or Lender's endor&emenl or execulion of an inslTUmenl(s) llIIdIor documenl(s) on behalf of Borrower create a fiduciary or agency relationship betWeetl Lender and Bonower. e) Unle8s Lender and Borrower otherwise agree in wriling, any application of proceeds 10 principal shall nOI extend or postpone the due date of the monthly payments referred 10 in paragraphs I and 2 or change lhe amount of the payments. If under paragraph 161bc Property is acquired by Lender, Borrower's right 10 any lnsur8llCe polides and proceeds resulting from damage to the property prior' to the acqumllon shall pass 10 Lender 10 the exlenl of the sums secured "by this Security Instrumenl. 5, Credit Ufe IDIunaee. 11Ie purchase of credil life or credil health insurance is DOl a prerequisite to Borrower oblaining the loan from Lender evidenced by a nOle of even date with this Mortgage. 6. PreservlItlon and MalnteDance of Property; Le8selwlds; Condomlnlllllll; Pl8nned Unit Developments. Borrower shall keep the PropeIly In lood repair and sball nol commit wasle or permil impairment or deterioration of the Property and shall comply with the proviSions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a comlominium or a planned UDit development, Borrower sha1\ perform all of Bol1Ower'S obligatioDs IIlII1cr the decllltlltion or COVeJIIIIIIS CI\llIting or loveming the condominium or planned unit development, the by-laws and regulatiOllS of the condominium or planned unil develOPmelll, and constilllelll documents. 7. ProtectIon of Lender's SecurIly. If Borrower fails 10 perform the covenants md agreements conlained in this Mongage. or if any action or proc:cedlng Is ClIIIIII\ODced wbich materially affects Lender's interest in the Property, lheII Leader, at Lemler's opIion, upon notice to Borrower, may make such appearllIICe5, disburse such sums, incIucIiDs reasonable allomeys' fees; and take such actions as is necessary 10 protect Leader's Imeresl. Any amo\lllts disburled by Lender punuant to Ibis paragraph 7, with intereSlthereon, at the NOle rate, sball become additional indebleClallss of Bonower secured by this Mortgage. Unless Borrower and Lemler agree 10 other tenDS of payment, such amounts sbaIl be payable upon notice from Lender 10 Borrower requesting payment then:of. Nothing contained in Ibis paragraph 7 shall requIre Lender to incur any expense or take any action hereunder. 8. Inspection. Leoder may make or cause 10 be made reasonable entries upon 8Dd Inspections of the Pmpeny, provided that Lender sbaIl,give Borrower notice prior to any such Inspeclion specltylng RaSOD8ble cause therefor related to Lender's imerest in the PIopeny. 9. Condmmadon. The ~ of any award or c1aim for damages, direct or CODllCqllelltial, in COIIIIOCIion with any condemnation or other laking of the Propeny. or pan thereof, or for conveyance iD IUeu of condemnation, an hereby assllned 8Dd shall be pa14 to Lender subject to tile terms of any mortgage, deI:d ofUllSt or other security a~ with a lien which bas priority over this Mongage. 2Xl6t5t""~ P.lpJal1 D~1. ,(,'1 (01191J PA FRlARM Mil - "-, ~~, .......~,- >, " "'".~ L~,~ - - 10. Borrower Not Released; ForlJearance By Lender Nol 8 Waiver. The Borrower shaIJ remain liable for full payment of the principal and inlerest on the Note (or any advancement or obligalion) secured hereby, notwithstanding llIlY of the following: (8) The sale of all or a pan of \be premiSCll, (b) the assumption by anotlm' party of the Borrower's obligalions heramder, (c) the forbearance or extension of time for payment or performance of any obligation hereunder, whether granled to Borrower or 8 subsequent owner of the property, and (d) the release of all or any pan of the p1'elllises securing said obligations or tbe release of any party who assumes payment of the same. Except to the exlentthllthe lien of this Mongage shaH have been released with respeclto all Of any pan of the premises. none of the foregoing shall In any way affect the full force and effect of the lien of Ibis Mortgage or impair Lender's right to a deficiency judgment (in the event of foreclosure) against BolTOWer or any party 88SUnUng the obliSations hereunder. Any forbearanc:e by Lender in =isi1l8 any ri8l1t or remedy hereunder, or otheJwise affonled by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy . U. Successors 8lId Asslps Bound; Joint and Several LlBbility; CHiaDVS. The COYeIIIII\tI and agree\\\eIItS herein contained shall blad. and the rights bereunder shall iDure 10, the respeetiv\o SUCl:ellSOl'S lUId assigns of Lender lUId PorroWC<', subject to the provisions of parasraph 15 hereof. All oovenants lUId ~ of Borrower sbaII be joint and several. Any Borrower who co-signs this Mongage. but does Dot execute the Note: (a) is co-signing this Mortgage only to mongage, grant lUId convey that Borrower's interesl m the Property to Lender under the lerms of this Mongage, (b) is DOt personally liable on the Note or WIder this Mortgage, and (c) agrees that Lender lUId any other Borrower hereunder may agree to elltelld, modify, forbear. or make any other at:COllIlIlOdatns with regan! to the terms of this Mortgage or the Note wltltottt that BotrOWer's consetttlUld withoul releasing that Borrower or modifying this Mortgage as to that Borrower's interest in lite Pt'operty. 12. Notice. Except for any DOtlce required under applicable law to be given m lIIIOther manner, (a) any lIOtice 10 Borrower provided for in this Mongage shall be given by delivering it or by mailiug suclt notice by f1ISl cIas$ lIlBil . addressed to Borrower or the aarrent owner at the Property Address or at such other address as Bonower may de5ignate by notice to Lender as provided herem, and any other penon persoDally liable on this Note as these penon's names and addresses appear in the Lender's recotds at the time of giving notice and (b) any notice to Lender shall be given by first class mail to Lender's address stated herein or to such other address as lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner de5ignated herein. 13. Govemilll Law; Severability. The slate and local laws applicable to Ibis Mongage shall be. the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the appIlcabi11ty of Federal law to this Mortgage. In the event !bat any provision or clause of tbis Mortgage or the Note conflicts with applicable law, such conftiCll shall DOt affect other provisloas of this Mortgage or the Note which can be given effect wltltout the conflicting provision, and to this encIthe provisions of Ibis Mortgage and the Note are declared to be _crable. As nsed herein "_IS', "expenseI' and "auomeys' ." include all sums to the extent not prohibited by applicable law or limited herein. 14, Borrower's Copy, Borrower sbalI be flnnished a confonned copy of the Note, tIIIis Mortgage andl Rider(s) at the time of eMCUtion or after reconIatlon bereof. 15. Transfer of the Property or a BeneRdallaterest In Borrower, Asswapdoa. Borrower shall DOt sell or transfer all or any pan of the Property or any Interest In it without Lender's prior written COIIIlllIt. If Borrower Is DOt a DatUral person, no benefieial iJltereSl in Borrower shall be sold or transferred without Lemler's prior wrltleD CODJlelIl. If all or BSly pan of the Property or any interest in it is sold or transt"emd (or If a beneficial interest in Borrower is sold or transferred and Borrower is lIOt a DatUral person) without Leader's prior written ccmsent, Lender may, at Lender's option, for any n:ason. declare all the sums secured by Ibis Mortgage to be immediately due lUId payable. However, Illis option shall DOt be ellercised by Lender if exercise is prohibited by FecJera1law as of the date of this Mongage. 2JlJ61$ '..,081 Pqehfl OLt, 'K1 t(l1J99) PA FtUARM MI' -~-'.....~,~~ . . ~...""" ~.. c_ ~. ~ "~'"'_ '- -- If Lender exemises Ibis oplioD. Lender sbalI give Borrower notice of acc:eIemion as is required by law. If Borrower fails to pay in fu1ltheae sums prior to the eltpiration of this period, Lender may invoke any remedies permitted by this Mortgage without further lIOtice or demand on Borrower. This Mortgage may not be lIIIUIIIIlI by a purchaser wilhout the Lender's consent. NON-llNJFOBM COVENANTS. Borrower aod Lender funher covenant and apee as (Ollows: 16. Acceleration; RaIedIes. In tlIe ",eat that the Lender dlscoven ..y fraud OJ' material misrepn!Sentatlon on tbe pIUt ot the Bom.... ID eODIIec:tIoa with the MorIgIge or Note secured tbereby. the BOIlu"" faDs 10 meet tbe repaymeat terma or tbe Mortpge 01' Note seeund thereby, OJ' tbe BurroWlit' takes any. acdcm or fllils to IItt so as 10 adversely aired tbe Lender's security Interest or aay rlgIds or the Leader ID such security 1DtenIt. Lender. at Lender's opllon, upon pI'lR'idlDg sucb notices as reqafred by law, may deelare 811 S1IIftS seeured by this Mo... to be immediately due 8I1lI payable and may r..-lose this Mortpge by Judicial proceeding. Lender shall be entftIecllo coJJed In sucb prlleeedIDg all expenses or fondllsure. IDcIudillll, but nor Ibnlted 10, costs or doemnenfary _Id...... lIbstraets and tide reports. 17. Aadgnment ofRlldl; AppolDlmeat of Receiver. As additiOlJlll security hereunder, Borrower bereby assigns to Lender the l'eIlts of the Property, provided that Bonower sbalI, prior to aa:eleratiOll UDder paragraph 16 hen:of or abandollllWlt of the Property, have the rigbI to collect and reralD sucb rents as they become due and payable. Upon ac:cll1eratioD lIIIcIerpangmpb 16 ben:of or abandolllllelll of the Propeny. Letlder.SbaJI be eJItitled to !mve a rpiver ajipolntcCtby a coun to _ upon,' tate poesession of and manage the PIoperty and to collel:l the rents of the Property includiDg those put due. All rents collec:ted by the lIlCeiver shall be applied lint to paYlIIIlIIt of the costs of management of the Property and coJJeclion of rents, im:IucIiDs. but not limited to receiver's fees. pmnlums on lIlCeiver's bonds aad n:asonable attorneys' fees, amd then to the sums secured by lhis Deed of TtIISt. The receiver SbaJI be liable to accown only for those 1'CIIIts aetualIy JeCelved. 18. Loan CIwIes. If the 1_ secured by this MonJIIC is subject to a law whlcb sets tIllIllimum loan charges. and that law is fiDaIJy iItterpmed so tbat the iDlmst or other 1_ c:hsrges col1a:ted or to be coUecIed in call1llClion with tile loan exceed petmitteclllmill,lheD: (I) any suc:h loaD c:hsrges shall be reduced by the amount _sary to reduc:e the charge 10 the permitted limit; and (2) any sums a1rady' coUected from IIomlwer whic:h exceeded petmitled limits will be reftmded to Borrower. Lender may choose to make this refimd by Jeducing the prim:ipal owed IIlIder t1f Note or by mlll1iiig a direct paymeIU to Bonvwer. If a Rfund reduces priucipal. the reduction will be treated as a partial prepaylllllll11lllder the Note. 19. LegislatIoD. If. after the date \m"cof, -"'\meut or expiration of appIic:ab\e laWs haw: ,he effect eitlter of rendering the provisions of the Note. the Mortp&e or any Rider, UDelJforceablc lICl:OJlIing to tbeir lelDIS, or all or any pari of die sums secured heteby UIIIlOllel:tible, as odwwise provided in Ibis Mortgage or !be Note. or of diminishing the value of Lender's security, or of imposing a mortgage WI: or other charge against MortgageeS and prohibiting them from passing the charge on to Mortlagon, tbett Lender. at Lender's option. may declare all S1IIIIS $ecured by tile Mortgage to b. illlllllldiate1y due amd payable. 20. ReI-. Upon paylllClll of all sums secured by this Mortgage, this Mortgage sbalI becOme nuD and void and Lender or Trustee shaII m- this Monpge without charge to Borrower. Lender. an Lender's option. may allow a partial release of the Property on terIIIS uceptabJe 10 Letlder. IlomIwer sbaD pay all costs ofreconlatioD. if any. D.t i2 2J0615\1ftOll .....5.11 (011991 PA WARN N. --r: ~ '., -~ . ~."-"- ~., - ~. ~ ~ - ~,& ~ --'<~'":, ~~ '''''''''''~ .~ - -- 21. HuanIous Sultatam:el. Borrower shall DOt cause or permit the preserxe. use, displlSlll. sIoraJIe. or release of any Huardous SUbalalllllS OD or in !be Property. Borrower shall nol do. IIOr allow lllyoDe e.I8c 10 do, lIIylblng affecling lbe Property dJlll is in violation of any BDviIolllllllltal Law. '!be p:ecediDJ two _ shall 001 apply 10 Ibe preseace, lIlle, or storage on the Property of small qualllities of Hazardow Substances Ibat IlIe lleueraIly recDpized 10 be appropriate 10 oormal resideotia1 uses and 10 maimemmc:e of the Property. Ilotrower shall promptly l!ive Lender written 0011l:e of any illVe$liI!atiOD. claim, demand, lawsuit, or olber action by any Ilovemmental or rellUlatozy agency or private pany iDvo1ving !be Property and any Hazardous Subal8llce or Eovil'Olllllelltal Law of wlllcb Borrower has actual kDowledge. If Borrower learns, or is notified by any governmenlal or ",guIaIOzy authority. that any mnoval, or olber remedlatioa of lilY HIIZlIIdous SuIbstance affecling Ibe Property is necI'mty. Borrower sbaIl promptly lite all neceSS8IY mnedia1 acIiona b1aa:01dance with Environmental Law_ As used in Ibis plIDI!I'IIpIt 21, oHazanIous SUbsram:eso IlIe tbose subataDCes defined lIS IOxic or hazardous subs/_ by J!nvinmmental Law and the fo11owlll8 subalanceS: ...ollne. kerosene, oIber flammable or toxic petroleum produets, toxic pesticides and herbicides, volatile 801_, materials C(Hlhriftl"l ubeslOl or I'onnaIdehyde. and radioaclive tIIlIlCriaIs. As used in Ibis paragraph 21, 'EnvilUlllllmtallaw' -. fcderaIlaws and laws of Ibe jurisdiclicm where the Property is located dJlll relate 10 health. safety, or environmenlal procec:tion. ' 2a, Imend Jbte After JacIpaeat Borrower ap:es that the intenlS1 rare payable after a judgment is enle1'ed on the Note or in an 8l:tion or mortpge sbaIl be the rate stared in the Note. .0 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE ., . UNDER SUPERIOR MORTOAGES oil DEEDS OF TRUST ....... ...... BortoWer and Leader requesl !be holder of any mortgage, deed of trust or olber cac:umbrance with a lien which has priority over lhIi Mortgage 10 live Notice to Lender, 81 Leader's lllIdnlss set fonIt on page one of this Mortgage, of any default under the superior eacumbrance and of any sale or oIber foRCIOlllR action. ~ , 11:,".... . oJ. -(1 2JUiU IRcvGlII (011901 PA PI/ARM.Nra ....'et7 ~--,^ ~ .- -. . , \ -.---.- --, '-' - ',.....,....~..- ...-----"!---~ _....-_.~..-.-.. ..'.... ...- " ALL .THAT cmt.TAIN lL'IGt or puqsl at Jud wkb the ~n1tdfttlp 8Dd. impnnreJDeIUI rhereoJl .... ... Ja PeIUI TOMIIhip, OuaLu",l_d CounO'. , PolulI)'lwaia.a1Ul befq "-Ihecl1A IllllIJfda&Iee WldL. Map afPl...~ made by StopheD G. JIisher.llepand So.gep. dated Pebnrary II, 1JI3, as follows: BEGINNlNG lI& . tlIi1road apJkc ICt 111 or lilliii' PeII:1l 0IdIIrd Road (1-344). iIllllle uf JaiuIs llOW or JaJe Of 10lIezt to. SpaJIr; tJI.em:e ex1",""",4'om said. point of b..."i"., . lIloq Peach Otdlmllload (T-a44). IIIId alcq the Jut JIUlIltlmaed lads of Spahr. North 11 dq:rees 30 ",itmta aut. a dia1lIIIce ofSlOJJ1_t to a pJt.1Iail &C 01' near tU cater 1iDo 01 Puch OIcUnlllOld (T-344) IUId at . c:onICZ' of lads D&'JW or late or Oabriel H. Kohler aad DaWl SN\faI-"; tII.eIn ....,,"iWlI aIoq die Jut meat10Jled lIDds of S~II""'." North n depeea2.9 ~ 20 aecIIIIds But, a distuce of 200.00 feet 10 au Uaa pJJlset at a c:arur at JudI JIOW or late of :Robert 1.. SpUr; .......... ..--'"q 810q dl.e lut ....$IoUd ladI of SJl*. the fcs1lcswiq dine __ ad distaslCCS: (1) Som:II. 06 dCIsrca 36 -;- Wcac, a ....~ of 223.1111l1lt to aa frail p1D; (,3) North 82 dcsn:cs 2S _t,Rll WeE, a cIIsuce of 87.83 feet to 811 atsti'IIlron pipe; and (3) North 41 "-arees 05 miIlulea 20 .,....,d, Weat, a diatuco of 160.00 feet lD a railroad .pJke set in 01' near Peach O!chad"oed (T-344).the PIIce af~BGDOONG. . .'. ., ..' ...'~. ., .... .'.. . $~-~ ,..- ~ ......;-,.., .... o.J<.. 1.1. ~ ".~_.~"~" . ',,'_ .~...E_, "I'~;.r.'~"" 1<- .'M" .,j . , -- ~, < ,~.......... ,~ ......,,,.,,,.,W<""'-"" IN WITNESS WHEREOF. nower bas executed this Mongage. j'~ Q ~~ IlAMON K 1VR8V Borrower ~'. %_~A~J ICA M Tl/Il8Y Borrower CONS-14 CODE 0361 CIIABLOTTE Ne 28288 Tille: on beIIaIf of Ibe Lcmder. B : Attornev COMMONWEALTH OF PENNSYLV ........' n County 55: ' . ......', "....--' '" On tbis, the "at' day of lhI1"r.:h IqQO II nnt-...-y pll),'it' pcraona1lyappeaRd nA..nn Tr TlIr~ And !CAthleen M. Turby. salisi8clorily plOVen) to be the penou whose name ( "l Are instnmlelltAndack/towledSedtbat thy elleCllted the same for the purposes herein CODlaiDed. . before DIe. . the undersigned officer. his wife ,\mown tome (or subscribed 10 the wilbin ~. My Commission Expires: , .., -"', .. ....... IN WITNESS WHEREOF. I hereuDlo sellllY hand and ,.,' lOOlIARD J. . PtlIIIIc ....1IlIe1ll, Nl.llllllllpIOII CDuIIIr. PA lN~lilII'~;..if8A"~ 17,_ l1061>(IIc>OI) ....7017 fUl~ l'A FRfo\llM Mil 000530115.1 TUFlay ..~~-~ . ~_.~ ~- ~~..-oJib ~P""'__"""""-"'"'-"'" . - s309~4-6 ~c:coum No. 1.,,, lIf~' '., -'. ;j~ FIXED RATE NOTE ',. ,. THE ORI ;1I'Ii.l ~-l Y", Wi,", ~:;:: rfir~'fbI,: , .'.' ~\.;:.:.,i~,.~ .. .~~. ~i ""II U-.h ~i'. ..~;.. , ,. $ 01,_ WILKES-BARRE PA . 11II;..,..,. l'aII,......an.n U5WUn II: D& i7'U.t ...,.oy- FOR VALUE RECBIVED. J. Ibe undenilDcd~ Oointly and. ICvcrally) pl'Clmbe to pa)' ~1IA'I'11IIIftII..,........nv ..- II. .I.. "natfonal baaldnaassocfadonorpnizedandedltinaunder tho laws of .... Unlled _ of Amcrica, ('NOlO Holder"), at _r, the principal _ of ...._..-_...........RNiM _ Dollan($ "'_1V'i ) with iDterest on the IlDpJicI prlDdpaI balance tram tile dale of Ibis Note. until paidl II the rate of _.-......,~..l.......... perc_( _.. ")perllDDum. PA.YMENTR 1 wUI_ pll)'lllelllS as fJIdI_ below: o MONI'III.Y JNSTALLMENT PAYMIlNTS OF PRINCIPAL AND INI'EIlEST Beginning , I will make _ _.... .......y IllSlllll1lOl1l pay-'S of prilll:ipol.... _ of Dollars ($ lOll tho day of _ _. I willlllllc ,_ paymoolS OIIlh. ..... day of _ _iuJlIIOIIlb WIlli I have paid aU of.lhe prlaclPolIIId ......., amiill)' other cIwgea doscribed below that 1 may owe onder Ibla No... ,PrIncIpal"" iD""" shall be payabl. .. "wild llIOIICll' of tho UIIiIed Stales of AmerIea. Dl .... 0_ of Nilre Holder iD Chaliotte, NorIb c..ollna (at at sudI oIIler pi... II the Not. Hold_may daipate ID wrillllJ). IDlpplyiDll~1IIOII1S1IIIIIer ohla Note. _ Holder willlpply alllllllOUlllS ........ ftnl to all 1_ _ 011 .... date...._ b _lied, ohm to tho 1IIIJIlIid prIaclpa1 baI.... lIIId d1cn to 01her cIwp, if Ill)' . IIIICd lodlla Note UIItlIdIe eIlllte indebtedaess, evldettce4 by dlla NOle, ls fully paid. .... that Ill)' IIIIIIIaIIlg ,............... If 110I ...... paid, shall be due .... pay.bl. on o INI'I!III!STONLYPAnmHl'S ANDMONTIILYINSTALLMENT PAYMENTS OFPRINCIPAL AND Il\fI'BIIJl8T IwUl_ Doll... ($ JDIYIIIOlIlI of ia_ ooIyof ) . Il1e yeu\y .... of " bqInnina . Durlo& ohla dme If I pay only dI. amounl listed aIIove. my priaclpal_ will nor_, BeSinftllll , I will make _ COIlBOOlIIi.. IIlOIlIbIy i11ala11lllOD\ pl)'lllOlllS of pr/IIdpol oocI _ of Dollars ($ Ion die _ day of each........ J wnllllllc ,_ PII)'mODII on ... ..... day of ..... -D8 ....,Ib 001111_ pold oil of.... prinoipollllld 1_ 8Dd Ill)' Olher charges deseribed below that 1 may owe onder Ibla _. PrIDdpoIIIld 1_ shall be \lB1ob.. In Iawlld _ of tho UDited Stoles of America, 81 .... 0_ of Note Holder m. CIwIotID. Ncnlb CaJoII.. (or aI such otbcr pIaee II tho Note Holder lDllY dell...... III WIi1lII8l. In opplyillJll...'n...... _Ihis NOI.. N"", Holderwlll apply all""'D" ........ lint to 011_ _ on die date.... _Is .....1..... Ibea to Ibo onpoid prlDclpal b....... .... dI.. to olher......... if"" as ...... fa Ihl. Note uadllbe ...... Imlebtedneu, evidenced by thla NOI.. I. fully paid. .... lb. "" IIIII8iIIIo& ................ If 110I BODner paid, shall be due IIld payabl. on o HOME 1MP1tlMlMBNl' CONSrIWCTION LOAH _ PAYM1!NrS AND MONTllLY INSTALLMI!NT PAYMI!NTS or PRINCIPAL AND Jlon......sT 1 wUI _ ~. of _ ..., It lbe yeorIy Ill. of -.ny advanoI:4. I wIIl_w. - _ beallmlDg .....lwill_.._1ol1lllllDllfor__. '.111111...1111. Loan:_ 02. Note " OD tho mcmiea DItM t... o:r ~:J 0005:10154l\ fll"BY , "'1"3 ..."..... .JfoI1l11 ~ ~ ~" ~-~ ,~ )j Bcsinning , r will mate _ 1Onlealt;vo moatbly instalJment _" of priJu:ipoI .... _ or DoD... ($ lOll lhe _ day or each IMnth. I wiD make Ih... paymeocs on th...... day or each ...........llIOIIlh UDlIi I have paid ,II or Che principal and In...... and any OIher.haIJos _ below .hll I may .... under thla 1'1010. Principal and in,..... shall be. payable In lawllll money or Ihe Unlled Stales o! America. 81 the om... o! NOlO Hoklor in CharIoUe, Ncmh CaroliJla (or at such oCher pIa<e II lb. Now Holder may dosIJ1IIlO In writiDJl. In appIylq l...aUmont. under Ihi. 1'1010. NOle Holderwlll apply all_ received roo to all i_ acorued 0lI IhI date lhe payment i. crodhad, 'boo .. lhe unpaid priocipal balonco and Chen .. othar c:Juu&es. il any . ....ed In IbI. 1'1010 untllChe 0IIl1.. indebted...... evidenced by thl. 1'1.... j. IIIlly paid. _" lbat my _g indebtodness. if nol sooner paid. sIIall be due and payable on Thi. 1'1010 _IS IOY pmMt and IIItu.. obliption 10 repay pmMl and 10.... ad....... to be IOIde by lb. Londer purJIJIDI to a Homo 1mpJOY0lII0III CoDsIrucdlm Loon A........t na:utod by Che Leader and me. The mIXimum IlIIIOUlIt of pmMl one! futu.. obligaclons which may be .........ted by this 1'101. I. $ _ The Lellder may. 81 ilS option and upon my _, _ad lhe period within which th. I\lturo adv..... wID be mad.. 111. making of lulure ad...... herelmdor up 10 the .-01 01 $ _dlq II any one lime Is obllgacory however. such lulu.. ad._... sulJjecl 10 lhe 'erms and provisions 01 th. Home ImplOl/emcn' ConslDICtion I.om Aa-nent. This Note is for home improvemc:nl COPStrUCtion fusaneing followed by pcamanent financing 81 the completion of lhe borne impmeme:at COIIIIrUClton period. During Ibc fin1 _ months of lht loin, monies will be advanced 10 me for COMUuctlonof hnpnwemems In ~ whh _Homo ImpmYcmenI CQPSInK:Urm loaD AgreemenI: 1bat I am lilRing wldt tlds NOIC. AOer conSlI'UCIlon of Ibe In.r.v",~~ i. COmp1clcd, the loan _become.....- loan. to the event III1moaies ;tte Ildvanced prior to the eDd of the _ mandls. I undenIand tbat I may be ......._ by 1'1010 Holder .. amend the 1'101... pro.ide lor the 1IlOnthly paymenl d8/0 10 chlllJO 10 allow the prll1clpal and Int..... paytIIIlII1' 10 begin within 30 day. Inllowtns lb. last ......... 1'101 wilhstandina mythlna 10 lho conlTlllY COIIIalned heIllln. I underIland chll if the i,............ .. be <OI/IIDIC/ed II plO.idId iltthe Homo lmpn>\'oInelII ConJrmllon Loan Ac=uent "'. 001 compleled by the IiJsr day of the month Iollowinl the Om adv...., or If I fallen perform any pIOIII\,.. or _. in the Homo ImptOYllllllllCoDsllllOClon Loon A........I, I will be in_I under this Now and the NOlO Holder upon provIdllll_ noli..... required by law. can _ lnuncdlab: -' of the entire I1IlIllIIIt 01 0U1IIaIIl\Ing priDelpal """ in...... du., and NOlO Holder shall havcllO .......... obIlpl'" en convert thla _ en . ....- _II deoerlbod above. [] MONTlILY INSTAUMINI' PA.YMENTS OF PRINCIPAl. AND INl'ERES'I' wrm JW.LOON PA.YMDIT BegIonilll IIoy . ,. . I will maIcO ~ con_live monthly Installment paymem. of principal and interest 01 ___...._ . Dolla.. ($ 170.72 I on the ..!!- day 01 each month and one final payment of AlIv Four................. HunIINlII PIIlV FoIIrafMllIIIIGI Dollars ($ ...__ ) pIu alI.....ed Interesl. I will 01"'. these _" on the same day of each _III month lIDIU ...... paid all of the ptin<lpal lad interest and any _ dl31po clescribed bdow tball may.... under lhJa Nolo. Prindpaland In.....t shall be payable In lawM money of the United S1ateo of America, al lhe oIlk:os of Note Holder in Charlot,.. NoIIII CaroIiJIa (or B/ IIICIt other p/aco . the Nore Holder may dealpale In wrilina). In spplylq 1omI1......1IIlder 'hi. 1'1.... Note Holder will apply nil ....mII received lint '0 all 1_ _ on the date the payment Ia credited. _ to tbc IIDpOid prineIpaJ bal.... and lhen 10 other charges. irony.. stated in this 1'1... until the enli... _.. ov_ by this NOIe.I. fully paid. _ that any remaIoilll inde_, il 110' sooner paid, shall be duo and payable on ~ .. .... In the event of . dafaul.1n the paynISll' o! any 1omI1mon. due on Ihla 1'1..., or a deIauIl In Ih. perlo_ of any COYerIIIIlI or COIIdIIIon In the Monpge, D.... of TlUSt or Seeurlly D.... (the 'SeaIrIty 1ootnm1ent') seeoriD& chla NoI', or. _II in the ...lI>o....... of the o/I11p1iona i"-, by any SeeuriIy lastnmlent .....111..... a lion auperior..,he Sec:urily -.........lhia 1'1.... the Now Holder of thl. 1'1... shallhavc the riahl one! opt... 10 decIue.he entire UIlpald baIamx: of lhJa within 1__ due and payabl. II once and to Iococlose any SecurI,y Inst....... ........ lhJa Note. FaIIuro.. _ise this option shall ..,. COIIIlI..1e a waIveN>f the riahl to ........ the ..... in the oven. 01 . aubsoq..... deIauIl. In lhe event thai the 80_ falla 10 pay any In.taIIment Illhe lime wilen the ..... becomes due, and the Install....' I. overdue iD ...... of 11_ (U) daya. Bonower shall pay . '1IIe ......... of lour _ (4'1') of lb. ownlue l""a1I_. 1. applYio& _ uoder Ihia 1'101.. 1'1... Holder WIll apply alIlom1lmenls _ivcd lint 10 any past due iusIaIJmcntI. lhcn to die cumat iDlClllmcnt duc. 'nte Note fIolder may collect I proceuina tee for each dlec:k which II dishonored and nlurned as providod by ..... law or charged by nadOllal blnlca. -...... p.-r. ~.7 ~ JURi" "ZoO .... ..,.. "~ -."-~ 'i><f...~"i1__'1i;-'; "'lIt!itiJ.~"", ~~~ - ~ - '. -'Ii! ,~~ ~ Ii.-.",.","."",,, I baw lho right to _ paymen1I of principal at any lime _Ibey ore due. A pay..... of principal only IIlmown IS a "prqIay_'. When I make a PNP8Y...... I will tell .... Nate Holder in a leu.. 1hal I am dolJll so. A prepaym<lll of 111 ofthellllpald principal lllmown IS a "MI prepoymelll". A _aymem of only pari of....unpald principal it Icaown IS a .partial prepayment". o If _. If I make a MI _I. 1 will pay a prepoymelll pcualty of _" of Ihc baI.... Ifl pay off 111111011I wilbln '--- yan aftar .... ftm paymeat of principal. Any _oymenl will be applied 10 the 011_1 principal b_ after poyment of 111 j......t and other cIwJes duoogh Ihc daI. of sudt prepaym<IIl. If 1_ a partiolprepayment. !he.. will be IlO delay. In Ill. due da1ea or ehlDlos in Ihc amounls of my IIlOIIIhIy pl)'1llCllll unI_ .... NOIe Holder..... In -IlIlO _ delays or ehanges. If I ....... lO make I plllio1 PNP8Y....a, the Note Holder may lICplire me to make Ihc pllpl)'lllOll101 Ibe __ day 1halone nf my IIMlnlbly paymen1I is due. The NOIe Holder may II....~ lIlallhc....... of my partill prepaymeDI be equallO the amount of principal1hal would have.~~ pari of my ...t one or D1OIIlIlOlIlhly paymeaIS. [!] If _. I may make a pIIpayIIIOIIl Wllboul peIllIlly in .,hole or in pari at any rime. Any pllpl)'lllOll1 will be applIed 10 1lIo.....1D1fiD1: prIndpaI _co _ paymlDl of all........ and ocher ehorps _gb .... date of such prepay....... If I _ I pardIl JlIIIllll'lIIID _ will ""no delayo in Ibe duo...... or dIaop. in lbe _ of lily 0l0IIb1y paymenr. unless Ihc Note Holdar _ In writlllllo ...... delayo or ehanges. 'f J cbooIe to mab . partial p.qM1IIISt, the Note Holder may mplire me to make lbe ptepayment on lbe same day 1hal one of my mon1hIy paymen1Ils due. The Note HoI4et may IlsollCpllre 1Il00,be ....... of lily panial JIIIP8YIIIOIIl be equal 10 .... lIIIIllU1Il of prindpal1hal would bave been pan of my ne.. one or mo.. monllhly paymenu. ID.....,;"" it bec:on1es......1II)' to _this NOIIto an lIIImIIIy"'~aw lor coII_n. or if1biJ debt or any pari - be collected by an II1omoy or 1egal PftlC'OdlnIs of any Irind. .... NOle Holder will bllVlllhc rIgIU 10 be paid bad< by the lIIIIIeaIped fa< 11101 i1I_ and __ in enlordng 11Ils Nole the ...... no, prohibited by applicable law. Th... __ Include. lor _Ie. .......bIc anomeys' fees. All endonen. IUIIlleo and ......101I and 1 ftanber ....... 10 any and all _nsloJlo of lime. _', waivers or modl/lcadoaIwblch may be granted or.......... In by the Note Holder.. 10 lhe rimo of poy..... or any ....... prvviaion of ibis Nate; If lIli. Note will ...w, In I ....... Ueo on my bomo .... If an ......1.... 110..,11 or lIlOdiRealion II....... I _ 10 pay I ........ IS oddllional inteto01, of Ill. peater of $50.00 or nne-quaner (114) of one (Ill) peRCllI oftlle I... _ ......llUtIlaIIdiag. _. nollee of dllbonor. and prelOIl ate bereby waived by 111 mak.... melios. guara1on. and _.. benof. This Not. is.... joint sod scvenI obllpllon of eaeh makerlllld....U be bladlnl1lpOll litem and their beb1. .......... and usigns. I of.... date beDlWilb aecuted by lb. undenlgnod and constilUling alien f'~ IjL 0~ IlAIIllNKlURBY -. %~- .9:H ('L. kf--'SBAL) Borrower 1CA1HLIEN M TUAIY (SEAL) ........... "hn -..... _lid rURIV' "'. ~ " " ~ . "., .'-; '; ~, , ; -- .~. ~"""-"--~~ . ., . '-",e',_"-,-",, . ,LL RIGHTS TO FIo.ST UNION UI1Y BAi'lK, N.A. WITHOUT RECOURSE. FOR VALUABLE CONSIDEPATlON FIRST UN:~' HOME EQUITY BANK ASSIGNS ALL RIGHTS, TITLE AND INTEREST TO FIRST UNION NATIONAL BANK ! fiRST U~~ ':.~.E t9~I::. BANK, N.A. M]llCIA STIlWE ASSlSTJm SF.'.Rmr>Y . I, ,,,,.,~,,,~~ " - " ~ """;i'.'-'" '~"c . f~~JN First Union Mortglllo Corpordon Poll Dlneo Box 9OOllll1 RlJoJgh. North Cuonnl27876.QOO1 ll00Corponlo ContorDrfYo Raleigh, North Cuollnl27l107.liOfl6 KATHLEEN M TURBY 8 PEACH ORCHARDRD NEWVlLLE,PA 17241 July 13, 2000 RE: FUMC Loan Number Property Address 0005309546 8 PEACH ORCHARD R NEWVILLE, PA 17241 Origina] Lender ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morll!a2e on vour home is in default and the lender intends to foreclose. Soecific infonnation about the nature of the default is 1lI"Ovided in the .tt.~hed 1llIl!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM IHEMAP) mav be able to helD to save vour home. This Notice exDIains how the DrOl!ram works. To see ifHEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TInS NOTICE. Take this Notice with vou when vou meet the CounseliDll Al!eDCv. The namp.. address and Dhone number of Consumer Credit CounseliDl! Agencies servinll vaur CounlY are listed at the end of this Notice. If vou have anv auestions. vau mav call the Pennsvlvania Housinll Finance Allencv toll free at 1-800-342-2397. (Persons with imDaired hp.annll can call (717) 780-1869). This Notice contains important ]egal 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 ]ocal bar association may be able to help you find a lawyer, ft-ti>l;li;;~1ld~' " .. ..... ~- .~-"'" ~. '"i"""j.,,,,,,,",,-,,~,,~i ;- LA NOTIFICAClON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENlDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UNPRESTAMO FOR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ET .TGmLE 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 ELIGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HA VB A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND . IF YOU MEET OTHER EUGffiILITY REQUIREMENTS ESTABUSHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITI:llN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TInS NOTICE CJ\T T PoD "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 teleohone numbers of desil!llllted consumer credit counseline al!encies for the county in which the DrODCrtv 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. APPUCA TION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see foUowing 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 YOURAPPUCATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOTFOLLOW 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 bas sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth ,-~- ~ ~" "~- ~ ~...~~ --~~,.._~~< ,...,~' .~-~~,~ ~'...."'~,",", . above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If ou have med baokru ou can still for Eme en Mo Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT IBrin!! it UD to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 8 PEACH ORCHARD R. NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTIll.. Y MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StartJEnd: 0510512000 through 07105J2000 at $570.72 per month. Total Amount of Delinquent Payments Due Late Charges Property inspections and NSF check charges, if any Other charges accrued, if any LESS: Suspense (unapplied funds) TOTAL AMOUNT OF DELINQUENCY 1712.16 157.25 0.00 40.00 0.00 1909.41 B. YOU HAVE FAILED TO TAKE THE FOu.oWlNG ACTIONS (Do not use if not aDDlicab]e): N/A 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 $ 1909.41, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WInCH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PaYments must be made either by cashier's check. certified check or money order made Davab]e and sent to: First Union Mortgage Corporation, Attentiolll: Payment Pr(lM'<lOlng, 1100 Corporate Center Drive, Ra""gll, NC 27li07.50lili. 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 riuts to accelerate the mortltO.2e debt. The 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 attorney to start legal action to foreclosure u~n vour mortgAge nronertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage 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 to the lender, which may also include other reasonable costs. If yOU cure the default within the THIRTY (30) DAY Derind. vou will not be reauired to oav attomev's fees. OTHER LENDER REMEDIR'l- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. .\pGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S !iA 1.I1~Ifyou have not cured the default . within the THIRTY (30) DAY period and foreclosure proceedings have begun, yOU stilI have the riut to cure the default and Drevent the sale at any time un to one hour before the Sheriff's Sale. You mav do so bv Davin!! the total amount then Dast due. Dins any late or other <:har2eS then tlm. reasonable attornev's fees and costs connected with the f.".P<>Jn<:II.... sale and any other costs cnnnected with the Sheriff's Sale as. soecified in writin!! bv the ]eotler and bv oerformin!! anv other reouil"P.lTtP.ftts under the mnrtllalle. Cunng --".-"'1'~~'"= .-~" ~ ow ~, ~....,...,~w._ "~.,_~ .=_ -.="', - 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 POSsmLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgage properly could be held would be approximately SIX (6) 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 contacting the lender. HOW TO CONTACT TIlE LENDER: FIrst Union Mortgage Corporation Attention: Payment Procepl'lg 1100 Corporate Center Drive Raleigh, NC 27607-5066 Phone: (800) 654-1350 Fax: (919) 852-7424 Contact: Edward Eary 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 Sheriff's Sale, a lawsuit to remove you and YOID' furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You mayor may not (CHECK ONE) sell or transfer YOID' home to a buyer or transferee who will assume the mortgage debt, provided that aJJ the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE TIlE 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 TIllS DEBT. . TO HAVE TIllS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULTHAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSEIlNG AGENClES SERVING YOUR COUNTY IS AITACHED Sent by Regular MaD, Certifieate of MailIng (PS Form 3877) Sincere]y, E~ EfWI Edward Eary Delinquency Control Mortgage Loan Servicing Group BLPAOl ~h,~;,,,,,.,-,ll" ,,""""""" ,~ =~ ~~~ .~ - . -~ " . ~,"-""..-.,,;; fl~~JN FIlii Union Mortgllllo Corpondlon Poll otnco Box 9OlIl101 Ralolgh, North CIfOUna2767&.QOO1 1100 Corpollto Conte. Drive _Igh, North CIIOUna27607.&066 DAMON K TURBY 8 PEACH ORCHARD RD NEWVILLE, PA 17241 July 13, 2000 RE: FUMC Loan Number Property Address 0005309546 8 PEACH ORCHARD R NEWVILLE, PA 17241 Original Lender ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortl!lll!e on vour home is in default and the lender intends to foreclose. Snecific infonn.tion about the nature of the default is nrovided in the attachP.<l nal!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM IHEMAP) mav be able to helD to save your home. This Notice eXDJain~ how the DrOuam works. To see ifHEMAP can helD. vou must MEET WITH A CONSUMER CBF.TlIT COUN~EUNG AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the Counselinl! A2encv. The namp... adcl1'PJ~S and phone number of CnnRumer Credit ConnUlJinfi! Ap'p.ncies serving: vour CountY are listed at the end of this Notice. If vou bave any ouestions. vou mav call the Pennsylvania Houainl! Finance Al!encv toll free at 1-800-342-2397. (Persons with imDaired bearinl! 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 belp you find a lawyer. ."--.. ~" .- . ., ~~'"-"'-'" ~~" - ~ ~ _"c."",,~,,1 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUBS AFECT A SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENlDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGmLE PARA UNPRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HlPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELlGmLE FOR FINANCIAL ASSISTANCE WmCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OFTHE1l:0MEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGmLE FOR EMERGENCY MORTGAGE ASSISTANCE. o IF YOUR DEFAULT HAS BEEN CAUSE)) BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND o IF YOU MEET OTHER ELIGmILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consume! credit counseling agencies listed at the end of this Notice. THIS ME.E:l1NG MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TmS NOTICE (:.AT J F.Tl''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. addtesses and telenhone numbers of desil!Dated consumer credit counselinl! al!encies for the county in which the nronertv 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 a default for the reasons set forth later in this Notice (see following pages fO! 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. OuIy consume! 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 posbnarked 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 fOleclosure proceedings will be pursued against you if you have met the time requirements set forth -""~ - - .~ ~'"""'''''"'''' above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILlNG OF A PETlT10N IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT TIlE DEBT. (If ou have fi1ed bankru ou can still a for Eme Mo Assistam:e. HOW TO CURE YOUR MORTGAGE DEFAULT IBrinl! it no to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 8 PEACH ORCHARD R, NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 0510512000 through 0710512000 at $570.72 per month. Total Amount of Delinquent Payments Due Late Charges Property inspections and NSF check charges, if any Other charges accrued, if any LESS: Suspense (unapplied funds) TOTAL AMOUNT OF DELINQUENCY 1712.16 157.25 0.00 40.00 0.00 1909.41 B. YOU HA VB FAILED TO TAKE THE FOU.OWlNG ACTIONS !Do not use if not aoolicable): NJA HOW TO CURE TIlE 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, WInCH IS $ 1909.41, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WInCH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cashiet's check. certified check or monev order made Davable and sent to: First UDion Mortgage Corporation, Attentiom: Payment ProcessIng, 1100 Corporate Center Drive, Ralelgh, NC 27607-5066. 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 riots to accelerate the mortI!al!e debt. The means thaI the entite 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 attorney to start legal action to {QrllClosure UDOn vour morteal!e 1lfOnertv. IF TIlE MORTGAGE IS FO\lECLO.'iiED UPON- The mortgage 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 to the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY 130> DAY neriod. YOU will not be reouired to pay attornev's fees. OTHER I.ENIlU REMEDIES- Tbe lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RI~HT TO CURE TIlE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the riot to enre the default and nrevent the sale at anv limp. no to one hour before the Sheriff's Sale. You mav do so bv oavm2 the total Amnunt then nut due.-plus anv late or other chM1!eS then due. reasonable attomev's fees And costs connPrl..n with the foreclosure sale and anv other costs connected with the Sheriff's Sale as ~ified in writinS by the lender and bv Derfonnine anv other re(lIriremenIK under the morteapc. Curing .~,-'- '"""'" , "~ . '""""",~~. -:Ai' ,~ . ~",,-.,..,," ''"'''-,.....,,~,;, 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 POssmLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) 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 iUC!ease the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: First Union Mortgage Corporation Attention: Payment Processing 1100 Corporate Center Drive Raleigh, NC 27607.5066 Phone: (800) 654.1350 Fax: (919) 852-7424 Contact: Edward Eary EFTECT 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 Sheriff's Sale, a lawsuit to remove you and yoU! furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You mayor 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, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: o 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. o TO HAVE THE MORTGAGE RESTORED TO THE SAME posmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU 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 o TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Sent by Regular Mail, Certificate of Mailing (PS Form 3877) Sincerely, E~.~ Edward Eary Delinquency Control Mortgage Loan Servicing Group BLPAOl wi:-,; "llfi. .' - , iIllll'lli/di!!WW{ ~~ ,--.. ~~ ~~ 't' ..m:ililii~ ~~:l':!I,\illllj'''''IIIl ~MiI:!'lWil"!-~ """"~.-;.~ ,.-' " ~ , J "Ii -C \> ~ ..c. ~ V\ C g ~ r ~r~~'" C) c: :;-., 9~_~L --;<- \ - ~} ~'~~:: c..:;,~) zQ ~l2 - ~ z =!. ,::"l' f.....) \D - , .. (j -" "-) ,,'-. -------< ~_.' 0.,) C- l.o ~~ --\-t t~ r~\ ~..; ;.?' :P '< B F:\FILES\DATAFILE\Gendoc.cur\549253-pra.l/tde Created: 02122/00 12:28:15 pM Revised: 09/07/00 09:47:58 AM: 5492_53 RAYMONDF. VARNER and GAYLE A. VARNER, his wife, PlaintiffslPetitioners v. AUDREY E. STEVENSON and ANTHONY T. STEVENSON, Defendants , -",~ ~ . " k', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5997 CIVIL IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBLERAND COUNTY: Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Anthony T. Stevenson in the above matter. Date: September 7, 2000 Respectfully submitted, MARTS ON DEARDORFF WILLIAMS & OTTO By "I~~...... J .".....flfL ~ Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Anthony T. Stevenson ;< ~ -. - .,--" " ,'" '.,- - __I -"'O'"l<C-_ CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Joan Carey, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, P A 17013 Ms. Audrey E. Stevenson 533 North Enola Drive Enola, P A 17025 Mary A. Etter Dissinger, Esquire DISSINGER & DISSINGER 400 South State Road Marysville, P A 17053 MARTSON DEARDORFF WILLIAMS & OTTO c5!fn~i~/}- 8/ftru4 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: September 7, 2000 Jli('ifi 11 lit'._...,.."~." "" '."J " . ~~~,-~" ". "- ~ ~<~lil\:d,,:i;ew..~~4~l '(~:o.~_lr ~- -, ,',,-.',' -~, .. ~, . ~o ~- ~ 1Iff! (') (::> r=." C <.::> , I ?' Cf') -00..: .-.j ,'TJ rnf-'-' .v -.....;' L-._\ --+--:,?,.- g2;'~-; -', ~2 CO ..<::':" -~ ~", L0 ., ... ., . .c__ L, L ,-. -,-,.., '.'0> , . F:\Fll-ES\DA TAFILE\Gelldoc.cur\549253-po.l/tde Created: 02l22fOOI2:28:15PM Revised: 09/07/00 09:48:35 AM 5492.53 RAYMONDF. VARNER and GAYLE A. VARNER, his wife, Plaintiffs/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5997 CIVIL AUDREY E. STEVENSON and ANTHONY T. STEVENSON, Defendants IN CUSTODY PRELIMINARY OBJECTIONS TO COMPLAINT OF DEFENDANT ANTHONY T. STEVENSON I. In their Petition to join filed to the above caption, Plaintiffs allege that the child, K. C. Lee Stevenson, was "placed exclusively" with them by her mother, Audrey E. Stevenson, on or about February 15, 2000. There is no allegation thatthis was with the consent ofthe father, Anthony T. Stevenson, and, in fact, it was not with the consent ofthe father, but rather against the wishes of the father. As a matter oflaw, this does not confer in loco parentis status. B. A. and A. A. v. E. E., 559 Pa. 545, 741 A.2d 1227 (Pa., Nov. 24, 1999; reargument denied Jan. 6, 2000). 2, Since Plaintiffs do not have in loco parentis status as a matter oflaw, they have no standing to bring this action and the Court has no jurisdiction to hear it. T.B. v. L.R.M., 2000 PA Super 168, (June 5, 2000). WHEREFORE, Defendant, Anthony T. Stevenson, demands that Plaintiffs' Complaint be dismissed. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By .,- L --? c,..J..t ;.-. Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Anthony T. Stevenson Dated: September 7, 2000 -".~~~ , ."- " I .1 c."'-' . ~.,' ,,-- VERIFICATION Thomas J. Williams, Esquire of the firm of MARTS ON DEARDORFF WILLIAMS & OTTO, attorneys for Defendant Anthony T. Stevenson in the within action, certifies that the statements made in the foregoing Preliminary Objections are true and correct to the best of &sex& knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. --^- " ~."~ , "",J CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilJiams & Otto, hereby certifY that a copy of the foregoing Preliminary Objections was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Joan Carey, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 Ms. Audrey E. Stevenson 533 North Enola Drive Enola, P A 17025 Mary A. Etter Dissinger, Esquire DISSINGER & DISSINGER 400 South State Road Marysville, P A 17053 MARTS ON DEARDORFF WILLIAMS & OTTO By Tricla D. Eckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 7 I 2000 ~,,-~" J!.~fjJMiiIl~~ll-H;!R;;;W-<1~-' '''~-'' m8.11'-'1 IIffT I!li. "~= -. ~~, q ~. vel.) ~~T vj :~~__ -.~ " ~c; ~t-5 )>c: z: ::2 ",., 'i ~ '1 II ~ II II ('~,) C) (f) ",,,! .-0 ;~ --..J::I ~" ,~ co ,-- -, -_.~ ~F;~ 0:< f" ~ ~~ ~- ,~ <" ", >1~ " ~ ~ ~ ''''''8:,. F:\FILES\DA TAFILE\Gendoc_cur\549253_ans.lItde Created: 02122100 12:28:15 PM Revised: 09f08fOOll:27:14AM 5492.53 RAYMONDF. VARNER and GAYLE A. VARNER, his wife, PlaintiffslPetitioners v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 00-5997 CIVIL / AUDREY E. STEVENSON and ANTHONY T. STEVENSON, Defendants IN CUSTODY ******************************************************************************* ANTHONY T. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-2994 CIVIL AUDREY E. STEVENSON, Defendant IN CUSTODY ANSWER WITH NEW MATTER TO RULE TO SHOW CAUSE AND NOW, comes Anthony T. Stevenson (hereinafter referred to as "Father") by and through his attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and answers the Motion of Raymond F. Varner and Gayle A. Varner to join the above captioned cases as follows: 1. Admitted. 2. Denied. After reasonable investigation, Father has no idea where Audrey E. Stevenson (hereinafter referred to as "Mother") resides. 3. Denied that Father ever filed a Custody Complaint with allegations known to be untrue. At all times pertinent hereto, there was an existence of a Court Order granting primary custody of K. C. Lee Stevenson (hereinafter referred to as "the minor child") to Mother. Father believed, and therefore averred, that Mother did, in fact, have custody of the minor child. 4. Admitted. This recent Custody Order was entered at the insistence of Father who has been trying for a very long time to enforce the custody rights granted to him in prior Court Orders. 5. Admitted. The agreed Custody Orderreferred to in Number 4 above arose out of that Conciliation Conference. o' ~~ ~ ~ ~ - 6. Admitted that only the parties and their attorneys were permitted to attend the Conciliation Conference. Father cannot recall whether Raymond F. Vamer was physically present in the vicinity of the Custody Conciliation Conference. 7. Admitted that Petitioners have apparently filed a Custody Complaint against the parents of the minor child; however, it is denied that Petitioners have standing to bring such a Complaint. Petitioners have never been in loco parentis with regard to the minor child and the Court has no jurisdiction to hear their claim for custody. 8. Denied based on information received. Although Father has no personal knowledge as to where the minor child has resided in the past several months (which fact forms the gravamen of Father's pending custody action), Father has been told that the minor child has been with the Mother and occasionally visited her parents, Petitioners herein. 9. Denied for the reasons set forth in Number 8 above. By way of further answer, Mother has resided at numerous places since the minor child's birth, some of them being with her parents. 10-11. The Mother had no authority whatsoever to have the minor child "placed exclusively with Petitioners." If she attempted to do that, it was without the consent of, and against the wishes of, Father. By way of further answer, Father does not believe that the minor child has resided with Petitioners since February 15, 2000. Father believes that Mother, who is addicted to drugs, has, from time-to-time abandoned the minor child to the care of her parents, only to come back and reclaim the child and/or take up residence with her parents who have served as enablers of Mother's destructive lifestyle. At the Custody Conciliation Conference on May 25, 2000, Mother stated that she, and the minor child, were temporarily residing with her parents. This was noted in Paragraph 4 of the present Custody Order dated June 20, 2000. If true, this contradicts the allegations made in Paragraphs 8 and 10 of the Petition that the minor child has resided with Petitioners exclusively since February, 2000 after having been "placed" with them by the Mother. In summary, Father is receiving conflicting information about who is providing care for his daughter and this is a central part of his pending custody action. 12. Denied. The best interests of the minor child is to have the Father's custody rights established as soon as possible. Mother has never honored the Court's Custody Order of October ,~_H "~ ,-- -,~, , .' ~ 16, 1998, has consistently thwarted Father's attempts to maintain a relationship with his daughter and has been continuously in contempt ofthat Order. Father initiated this custody action after fmally securing the services of a pro bono attorney who then filed on or about March 27, 2000, a Petition for Contempt and a Petition to Modify Custody. A Custody Conciliation Conference was thereupon held on May 25, 2000. A hearing is scheduled for September 14, 2000. Father has consistently pressed for primary physical custody of his daughter as being in the child's best interest. Petitioners herein, Raymond F. Varner and Gayle A. Varner, were at all times fully aware of this. For them to now at the eleventh hour seek to intervene would not serve the best interest ofthe minor child and most likely result in delay. Their Complaint for Custody has not gone through conciliation as is required. There will be preliminary objections filed to their Complaint on the grounds that Petitioners do not have standing and the Court does not have jurisdiction to hear any custody claims. 13. Admitted. 14. Denied for the reasons set forth in Number 12 above. 15. To the extent an answer is required, Father denies the Petitioners have standing in loco parentis, nor that they are able to assert any rights to custody. WHEREFORE, Father, Anthony T. Stevenson, requests the Court to deny this Petition and proceed with the hearing on his Complaint for Custody and Petition for Contempt on September 14, 2000 at 1 :30 p.m. as presently scheduled. NEW MATTER 16. The Pennsylvania Supreme Court has recently and clearly reaffirmed the law that in loco parentis status cannot be conferred by one parent, and especially not in defiance of the wishes of the other parent. B. A. and A. A. v. E. E., 559 Pa. 545, 741 A.2d 1227 (1999; reargument denied Jan. 6, 2000). 17. Petitioners lack standing to intervene and the Court lacks jurisdiction. In third party custody claims, standing and jurisdiction are essentially the same issue. In re: Adoption ofW.C.K., 2000 Pa. Super. 68, 748 A.2d 223 (2000). - ,. . :J,,'~ ,_ ,'_L "" WHEREFORE, Father, Anthony T. Stevenson, requests the Court to deny this Petition and proceed with the hearing on his Complaint for Custody and Petition for Contempt on September 14, 2000 at 1 :30 p.m. as presently scheduled. Respectfully submitted, MARTS ON DEARDORFF WILLIAMS & OTTO By t~ ~ ""~<:- - Thomas J. ~s, EsqUIre Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Defendant Anthony Stevenson Date: September 8, 2000 - -. .--.>1 VERIFICATION I, Thomas J. Williams, Esquire, counsel for Anthony Stevenson depose and say, subject to the penalties of 18 Pa. C.S.A. Section 4904, that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on his behalf, and that I will supplement this Verification in the near future with one executed by my client. Date: September 8, 2000 ~~ Thomas J. W. i " .;;. . ;,--~j ~-'~ CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWiJliams & Otto, hereby certify that a copy of the foregoing Petition to Modify Custody was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Joan Carey, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, P A 17013 Ms. Audrey E. Stevenson 533 North Enola Drive Enola, P A 17025 Mary A. Etter Dissinger, Esquire DISSTINGER&DISSTINGER 400 South State Road Marysville, P A 17053 MARTSON DEARDORFF WILLIAMS & OTTO -' cia . Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: September 8, 2000 "",~L ~~. <^~-L~.lililii~i1~;;l:Il<'IW---",.,~tk<!U~~~~:s.'W'""'- "L .lii:lilll/iill"~""~" -~ ~ ~,. , '" -,~~ ~^ - ~ -. ~ , . o ~: ~i~ u)"~r ~t": ~t: L.. 7 =1 -< ...."'. .~. ~ -:"1 c:) C':.,l ::..--"') ,"if -0 .~ ';~ ,- ',-, ~, ~, .-..... '.~::1 ~~J. ,. !, ~.~~ ~~~ ;-:o;;--r'n '~.J :;! ::D -< <;:? (.) [); --""''''''......~--~,. ---. ' , ~..i"_= .___ , SHERIFF'S RETURN REGULAR CASE NO: 2000-05977 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS TURBY DAMON K ET AL WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TURBY DAMON K the DEFENDANT , at 0019:25 HOURS, on the 20th day of September, 2000 at 8 PEACH ORCHARD ROAD NEWVILLE, PA 17241 by handing to KATHLEEN M. TURBY (WIFE) 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 7.44 .00 10.00 .00 35.44 So An.~ ~. ~ ~)~-~1'~ , R. Thomas Kline 09/21/2000 MATTLEMAN, WEINROTH & MILLER Sworn and Subscribed.to before me this ;,?~"" day of ~"-rLAV#.'" 0Uv-J A.D. Q~ Q )n,i;-<-, ,e4 , I Prothonotar1 By: D~~ "'".''''"----'-" - . . ., " . SHERIFF'S RETURN - REGULAR CASE NO: 2000-05977 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS TURBY DAMON K ET AL WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TURBY KATHLEEN M the DEFENDANT at 0019:25 HOURS, on the 20th day of September, 2000 at 8 PEACH ORCHARD ROAD NEWVILLE, PA 17241 by handing to KATHLEEN M. TURBY 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 6.00 .00 .00 10.00 .00 16.00 ~~~~~~'l R. Thomas Kline 09/21/2000 MATTLEMAN, WEINROTH & MILLER Sworn and Subscribed to before By: p~ me this O/Q~ day of