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KEYSTONE FINANCIAL BANK, N.A.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: CIVIL ACTION - LAW
RICHARD M. ETTER, JR., and
SHARON L. ETTER
Defendants
: IN MORTGAGE FORECLOSURE
: qVILTERM 2000-{g&~
NOTICE
YOU HAVE BEEN SUED IN COUR,T. IF YOU WISH TO DEFEND
AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST
TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THE COMPLAINT AND
NOTICE ARE SERVED, 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 REQUESTEDBY THE PLAINTIFF. YOU
MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOu.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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KEYSTONE FINANCIAL BANK, N.A.
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
CIVIL ACTION - LAW
RICHARD M. ETTER, JR., and
SHARON L. ETTER
Defendants
IN MORTGAGE FORECLOSURE
CIVIL TERM 2000 - (. C. .z.2
COMPLAINT
AND NOW, comes Keystone Financial Bank, N.A., formerly Farmers Trust
Company, through its Attorney, William A. Duncan, Esquire, and files this Complaint in
Mortgage Foreclosure, of which the following is a statement:
1. Plaintiff is Keystone Financial Bank, N.A., a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania with its main office and principal place
of business located at 1 West High Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant, Richard M. Etter, Ir., an adult individual, resides at 259 Mt. Zion
Road, Carlisle, Cumberland County, Pennsylvania, 17013.
3. Defendant, Sharon L. Etter, an adult individual, resides at 586 F Street, Carlisle,
Cumberland County, Pennsylvania, 17013.
4. On or about February 12, 1988, Defendants made, executed and delivered to
Plaintiff a note and a real estate mortgage financing One Hundred Forty Thousand and 00/100
Dollars ($140,000.00), a copy of said note and said real estate mortgage being attached hereto
as Exhibits "A" and "B", respectively, and are incorporated herein by reference as though fully
set forth.
5. Said note and said real estate mortgage have not been assigned.
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6. Richard M. Etter, Jr., and Sharon L. Etter, are the sole record owners in fee
simple of said premises subject to said mortgage, by virtue of a Deed dated December 27,
1985, and recorded in the Cumberland County Recorder's Office in Deed Book "Q" , Volume
31 Page 997, more specifically set forth in Exhibit "C", attached hereto and made a part
hereof by reference.
7. Said note and said real estate mortgage are in default because Defendants herein
have failed to pay the payments that were due and owing for the months of June 2000, July
2000, August 2000 and September 2000.
8. The Plaintiff has given to the Defendants written notice of intention to foreclose on
said mortgage as required by law under Act 6, dated August 21, 2000, a copy of which is
marked Exhibits "D" and "E", and attached hereto and made a part hereof by reference.
9. The Plaintiff has given written notice of default as required by the Homeowner's
Emergency Assistance Act of 1983, dated August 21, 2000, a copy of which is marked
Exhibits "F" and "G", and attached hereto and made a part hereof by reference.
10. By reason of the aforesaid default, the entire principal balance of Eighty-nine
Thousand Nine Hundred Five and 83/100 ($89, 905.83) Dollars, with interest thereon at the
rate of 9.25 % per annunl computed from May 18, 2000, along with late charges and
attorneys fees now due and payable.
11. The Defendants are liable to the Plaintiff for the following on said mortgage loan:
A. Principal amount and interest
due to date
$85,436.80
B. Late Charges
187.59
C. Attorney's Collection fee
4,281.22
TOTAL:
$ 89,905.61
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WHEREFORE, Plaintiff prays the Court to enter judgment in favor of Plaintiff and
to order the foreclosure and sale of the mortgaged property and for the amount of Eighty-nine
Thousand Nine Hundred Five and 83/100 ($89, 905.83) Dollars, together with interest
thereon, costs and all other amounts advanced by Plaintiff.
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Attorney fo
1 Irvine Row
Carlisle, PA 17013
(717) 249-7780
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YERIVCATI9lV
I. lack V. Hutchison, hereby verify that I am a Sr. Vice President of Keystone
Financial Bank, NA. that I make this verification being authorized to do so, and the facts set
forth in the foregoing Complaint are true and correct to the best of my knowledge. I
understand that false statements herein are made subject to the penalties of 18 Pa. e.s. Section
4904 relating to unsworn falsification to authorities.
;2./~
Sr. Vice President
Keystone Financial Bank. NA
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MORTGAGE
rUB FEO I J r:i IG 02
(securing Adjustable Rate Note)
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'I'HISMORTGAGEmadethisJl_dayof F'phrllAry ,19..8..8_,_,
between
RichRr~ M. Rttprr ,Tr. ~nd ShRrnn T,. RttPT. hi~ wifp
who reside at
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,Mortgagors, and Farmers Tmst Company, with an office at
Carlisle, Pennsylvania, Mortgagee.
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WHEREAS, the Mortgagors, as the Borrowers, on this date have executed and delivered to tbe Mortgagee,
as the Lender, an Adjustable Rate Note in the sum of One Hundred Forty 'ljhousand Dollars
,
($ 1 4 0 , 000 . 00 ) Doliars, bereinafter referred to as the "Principal", providing for luterest thereon
at the adjnstable rate specified thercin aud thc pcrformancc of aU thc tcrms, covenants and conditions thcrcin con-
taincd, aU of which by tltis reference thereto arc incorporated hcrein and madc a part hereof.
NOW THIS INDENTURE WITNESSETH, that the Mortgagors, for and in consideration of the Principal
aud for the better sccuring thc paymcnt thereof unto the Mortgagee, in discharge of said Adjustable Rate Note, herc,
inatter referred to as the UNote", and for and in consideration of the further sum of $1.00 this date well and truly
paid to the Mortgagors by the Mortgagee, the receipt whereof is hereby acknowledged, the Mortgagors do hcrcby
grant, bargain, sell, release, convey and confirrn unto the Mortgagee, ALL
ALL: that certain tract of land situate in Lower Frankford
Township; Cumberland County, Pennsylvania, bounded and described in
accordance with a plan prepared by Stephen G. Fisher, R.S., dated
October 15, 1984, and recorded in the Office of the Recorder of
Deeds for Cumberland County in Plan Book 49, Page 45, as follows:
BEGINNING at a point in the centerline of township road T-460 at
lands of Commonwealth of Pennsylvania; thence along lands of
Commonwealth of Pennsylvania North 02 degrees 12 minutes 51 seconds
West 120.75 feet to an existing iron pin; thence still along lands
of Commonwealth or Pennsylvania North 62 degrees 53 minutes 28
seconds West 216.44 feet to an existing iron pin; thence still
along the same North 03 degrees 58 minutes 39 seconds East 294.21
feet to an existing iron pin; thence along the same South 88
degrees 08 minutes 45 seconds East 273.21 feet to an iron pin;
thence North 33 degrees 04 minutes 17 seconds East 205.95 feet to
an iron pin; thence North 30 degrees 35 minutes 43 seconds West
241.31 feet to a Bolt set; thence along lands of Richard L.
Brownawell South 60 degrees 06 minutes 54 seconds East 696.25 feet
to a fence post; thence along lands of Jack Swartz, South 20
degrees 15 minutes West 306.63 feet to an existing 2 inch diameter
pipe over iron pin; thence along lands of Rodney Walters North 88
degrees 28 minutes 58 seconds West 192.92 feet to a 2 inch diameter
pipe over iron pin; thence still along lands of Rodney Walters
South 07 degrees 14 minutes East 226.05 feet to an existing P.K.
Nail in the centerline of township road T-460; thence along th~
centerline of T-460, South 85 degrees 50 minutes 03 seconds Wes
'f19.96 feet to a P.K. Nail, the Place of BEGINNING~
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CONTAINING 9.6439 acres and being designated as Lot No. 4 on th
aforesaid plan.
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BEING the same premises which Ralph L. Mountz and Marquerite
Nountz, his wife; by their Deed dated the 27th day of December 198
and recorded in the Office of the Recorder of Deeds in and for
Cumberland County on December 27, 1985 in Deed Book "Q", Volume 31,
Page 997, granted and conveyed unto Richard M. Etter, Jr. and
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Sharon L. Etter, his wife. the mortgagors herein.
TOGETHER with all and smgular the balldlngs, Improvements, woods, waters, ways, rights, Uberttes,
privileges, hereditaments and appurtenanceli to the same belonging or appertalulng, and the reversions and remain-
ders, rents, Issues and profits thereof; to have and to hold tlte same and the real estate herelubefore conveyed, ~to
the Mortgagee [ore-oer.
MORTGAGORS JOINTI..Y AND SEVERALLY COVENANT, PROMISE AND AGREE THAT:
1. The Mortgagors shall he jointly and seve rally liable and obligated to pay the fnll amount ow~mg
under suld Note In accordance with the terms thereof, and sl1all be jointly and severally liable and obligated to kel~p
and perform all of the covenants, promises and agreements contained In this Mortgage and In said Note:
2. Mortgagors will keep the bnlldlngs on said real estate insnred against loss hy fire or otber casually
for benelltof Mortgagee in amounts satisfactory to Mortgagee with standard mortgagee clause; and Mortgagors
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will pay all taxes and assessments levied or assessed against said real estate or ~ny part tbereof on or before
the respective due dates thereof, and will deliver receipts tberefor to the Mortgagee upon request. Mortgagors will
pay, on or before tbe respective due dates thercof, auy other taxes (includiug corporate taxes), assessIPentll,
charges, claims or encumbrances that may be or become a lien prior to the lien of this Mortgage, or tbat. hav,c
priority to this Mortgage in the distribution of the proceed s of a judicial sale of the mortgaged premises.
3. II the Mortgagors fall to maintain such Insnrance coverage or fall to pay any of the aforesaId taxell,
assessments, charges, claims or encnmbrances on or before the respective due dates thereof, then Mortgagee shalll
have the option of paying the same or any thereof, aud upou auy such payment hy the Mortgagee, the amonnt therel-
of shall automatically be added to and become part of the Prinlcipal and shall bear Interest from the time the same
is so added to the Principal at the rate then in effect Dude r the terms of said Note.
4. II the Mortgagors fall to pay any instaDmen t of Principal and/or interest required by said Note when
the same shaD fall due therennder, or within the period of thirty days thereafter, or faD to pay any of the aforesaid
taxes, assessments, charges, claims or encumbrances on or before the respective due dates thereof or fall to provide
Insnrance coverage as provided above, then In any of said events, the Principai and all sums added thereto, together
with Interest to. date at the rate then in effect nuder the terms of said Note, and together also with 15% attorneYII'
commissions on said Principal and Interest shall become due and payable at the option of the Mortgagee, and snch
remedy or remedies as the law may now or bereafter provide may forthwith he invoked and prosecnted by the
Mortgagee agamst tbe Mortgagors, Inclndlng, but Dot limited to, an action of mortgage foreclosnre.
5. Mortgagors hereby waive all errors In any proceedings, together with all stay of or exemption fronl
execution, or extension of time of payment whlcb may be given by any law now in force, or which may be enactedl
hereafter, and together aiso with the right of appraisement, the rlgbt of Inquisition and the right of appeal.
6. II, without the prior written consent of the Mortgagee, all or any part of tbe mortgaged premises secnr..
Ing said Note is sold, transferred or eonveyed by legal or equitable title to any person, corporation or legal entity
(herem called the "New Owner"), other than the Mortgagors herein, or any of them, the Mortgagee may, at Its sole
option, declare all snms remaining unpaid, inclndlng mter est dne or accrued thereon, to be immediately due and
payable. The Mortgagee shall have waived this option to accelerate If, prior to aay sucb sale, transfer or convey..
ance, the Mortgagee and the New Owner agree in writing that: (1) the creditworthiness of snch New Owner Is sat-
isfactory to the Mortgagee; (2) the terms and conditions of any snch sale, transfer or conveyance are satisfactory
to Mortgagee; (3) the buildings and improvements covered by this Mortgage are in good repair and the valne of
such has not diminished, deteriorated or been impaired in any way since the date hereof, except for nermal wear
and tear; and (4) the interest rate shall be adjusted to such rate as Mortgagee shall require, provided sncb rate
does Dot exceed the Interest rate Mortgagee is then offering ,on new loans of a type and for purpeses similar to the
pnrpose for which sald Note was given as of Its making, and Mortgagee and snch New Owner shall have execnted
an Assumption Agreement acceptable to Mortgagee. Snch interest rate will thereafter be the interest rate for pur-
poses of subsequent interest Rate Changes based upon the [odex value In ellect as of the assumption date. All
other terms and conditions of said Note will continne to be in fall force and ellecl and be unmodHied. Upon the
execntlon and delivery of the written Agreement between the Mortgagee and the New Owner, the Mortgagors here.
in shall be released from all obligations nuder said Note and this Mortgage.
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BOOK 884 pm 721
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,~ The Mortgagors' co","'t:i1ants, promises and agreements contained 'ib lhis Mortgage shall be legally bind.
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Ing npon. the Mor-tgagors, and each of them, and their respective personal representatives, heirs, successors: and as-
signs. The Mortgagee's rights and privileges eontalned in this Mortgage shall Inure to the benefit of the Mortgagee
and its snceesso~s and assigns. Tbls Mortgage shall be governed by the law of the state In which said mortgaged
premises are loeated. If less than two Mortgagors shaUslgn'tbls Mortgage, all covenants promises and agreements,
,which are drawn In the plural, shall be deemed to be In the singular.
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PROVIDED ALWAYS, NEVERTHELESS, that If the Mortgagors sball pay unto the Mortgagee the Prln-
clpal and the Interest thereon In the manner and at the times speelfied In said Note and shaUln aU respects comply
with aU of the covenants, promises and agreements hereinbefore contained, then this Mortgage shall become null
and void to all Intents and purposes.
ten.
IN WITNESS WHEREOF, the Mortgagors have executed this Mortgage the day and year first above wrlt-
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Witness:
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(SEAL)
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Sharon L. Etter
(SEAL)
1SEAL)
COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF Cumber land
On this, the ~ day of
F'phrll~ry
, 19 ~, before me..
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, tbe undersigned officer, personally appeared
Rir.h~rd M. Ettpr, Jr.
and Sharon L. Etter. hi.s wife
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known to me (or saUsfactorUy proven) to be the persons... whose name..s.
are
subscribed to the wltbin in.
stroment, and acknowledged tbat they
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notary Publlp, Sial. cfPen?,~l<a'"t '
. ,Franklin County,} .~..'
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I HEREBY CERTIFY that the precise residence address of the within named Monga;e~.I": , ,/'CarUsle,
Cumberland Connty, Pennsylvanla (1 West HIgh Street, P. O. Box 220, CarUsle, Pa. 17013).
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My commissIon expIres:
CommonweaI~b,of penD!7'v~n1a,1 . .;
County of L LJjl)'''ucr/{tf7C "-'>'" '
Recorded on this ) '6 day of' ..f2.6: ->~\
A. D. 19 ';jC{ ,In the Recorder's Office of s'~d County,.in, ,~~.)
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Given under my hand and seal of said office
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the date above written ~
, Recorder
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ADJUSTABLE RATE NOTE
NOTICE TO BORROWERS: TIllS NOTE CONTAINS A PROVISION ALLOWING FOR
CHANGES IN THE INTEREST RATE. INCREASES IN THE INTEREST RATE MAY
RESULT IN HIGHER PAYMENTS. DECREASES IN THE INTEREST RATE MAY
RESULT IN LOWER PAYMENTS.
$ 140,000.00
1. BORROWERS' PROMISES TO PAY
Februarv
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For valne received, and intending to be legally bound hereby, the undersigned, herelnalter relerred to as "Bor-
rowers", jointly and severally, promise to pay to the order 01 Farmers Trost Company of Carllsle, Pennsylvania,
hereinafter called "Lender", the jnst snm 01 On.e-Hundred Fortv Thousand Dollars
" 1 40 . 000 . 00 ) dollars, which amonnt will be called "Principal", pins Interest.
.
!. INTEREST
luterest from the date of thls Note will be charged on the PrincIpal or any unpaid halance thereol and shaD cO.n-
tlnne until the Principal has been paid In IoU. I,
Borrewerswillpaylnterestatayearlyrateol Ten and one-half percent ( 10l, %) pereenl!,
which Interest rate will change In accordance with Section 401 this Note until the loan represented by this Note has
been paid In full. Borrowers' Interest rate will be reviewed by the Lender l year(s) Irom the date 01 this Not,e
and every year tllereafter, aud thc Lender may increase or decrease the interest rate on any such revieW date.
Each date on which the rate 01 iuterest may c1lange will be called a "Change Date".
3. PAYMENTS
(A) Thne and Place of Paymen~ - Borrowers will pay the Principal and Interest by making payments every
month. Borrowers will make their monthiy PrincIpal and Interest payments, hereinafter called "Monthly Pay-
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ments", on the.lBLh day of each month beginning on Mri r"h 1 R ,19 R R . Borrowers wiUl
make these paymenls untlllhey have paid aU 01 the Principal and Interest and auy other charges described below,
that they may owe under this Nole. Borrowers will pay all sums that they owe under this Note no later, than
Mrir"h 1 8 ,){~nn8 (the "Final Payment Date" as explained In (C) below).
Borrowers will make their monthly payments at any 01 the Lender's banking offices, or at such other
place as Lender may designate by notice to borrowers.
(B) Borrowers' Payments Before They_ are Due - Borrowers have the right to make payments of Prlnclpaf at:
any time before they are due without paying any penalty. A payment of Principal only Is known as a "Prepayment".
The Lender will uSe aU 01 Borrowers' Prepayments to reduce the amount 01 Principal that they oWe under this
Note. There will be no delays In the dne dates 01 Borrowers' Monthly Payments unless the Lender agrees In writing
to those delays.
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(C) Amount 01 Monthly Paymen~. Borrowers' Inltlal Monthly Payments will be In the amount of On" Thousand
three-hundred eighty ~seven FlnO 74/100 ($ 1, 1R7. 74 )doUars.TheMonthlyPaymentamount
will be subject to change once every year after the initial -.3._ year(s) term to an amount sulIlclent to repay the
loan over its remaining liIe at tile new interest rate.
4. INTEREST RATE CHANGES
(A) The Index. Any changes in the interest rate will be based on changes in an interest rate Index which will
be called the "Index". The Index Is the: (check one box to indicate Index)
1. m Th~ monthly average of weekly average auction rates on United States Treasury Bills
with a maturity 01 6 months, a. published In the Federal Reserve BolIetln and made
available by the Federal Reserve Bank In Statistical Release G.13(415) durIng the lirst
week 01 each month.
2. 0
11 more than one box is checked or if no box is checked, and Lender and Borrowers do not otherwlse
agree In wrillng, the Ilrst Index named will apply. If Ihe Index ceases to be made available by the publIsher, or
hy aoy successor to the pnblisher, the Lender will sellhe note Interest rate by using a comparable Index.
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(B) Setting the New Interest Rate - To set the new Interest rate hereafter, the Lender will add 3.5 percentage
points (3.5%) to the most recent Index figure available prior to each Change Date; tilE, resnlt will be rounded
down to the nearest Yt of 1%(.25%); PROVIDED, I10WEVER, TIIAT TIlE INTEREST RATE WILL NOT
CHANGE MORE THAN TWO PERCENTAGE POINTS OR LESS THAN ONE,QUARTER PERCENTAGE POINT
ON ANY CHANGE DATE. If, on a Change Date, an Index iucrease from the previous Change Date occurs, THE
INTEREST RATE MAY BE INCREASED. If, on a Change Date, an Index decrease from the previous Change
Date occurs, THE INTEREST RATE MAY BE DECREASED.
As olthe date 01 this Note, the Index Dgore Is_ Six and one quart.er percent
.
6 . 2 5 %) per cent. The maximum Interest rate cha rgeable hereunder Is F i f tee n Per c e n t
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( ] 5
%) per cent; there Is no minimum luterest rate.
(e) EffectiVe Date 01 Change - Each neW Interest rate will become effective on the next Change Date. If Bor-
rowers' Monthly Payment changes as a result of a change In the Interest rate, their Monthly Payment will cIumge
as of the first Monthly Payment date after the Change Date.
(D) Notice to Borrowers - The Lender wUl mall to each of the Borrowers a notice by first class maD at least
twenty.five days before each payment change, if the Interest rate Is to change. The notice will advise BorrOWers IIf:
(I) the new Interest rate on Borrowers' loan;
(n) the amount of Borrowers' new Monthly Payments; and
(ill) any additional matters whlch the Lender Is required to disclose.
5. BORROWERS' FAILURE TO PAY AS REQUIRED
(A) Late Charge for OVerdue Payments - If the Lender has not received the full amount of any of the Borro,,,.
ers' MontbIy Payments by the end of fUteen calender days after the date It Is due, a late charge of 5% on ea.:h
such overdue payment shaD be added to each sueh overdue payment.
(B) Events of Default - The occurrenCe of anyone of the fonowlng events shaD constitute a default hereunder
and the entire balance oWing on tbIs Note shaD, at the option of Lender, and without notice to or demand on Bor-
rowers, or any of them, Immediately become due and payable: (t) Failure of Borrowers, or any of them, to
pay In full each and aD of the Monthly Payments requIred to be paid under Section 3(A) above by the dates thEiY
respectively fall due, or withIn the period of thirty days thereafter; aud (2) Failure of the Borrowers, or any 'If
them, to perform any of the obUgations contained In thIs Note or In the Mortgage referred to In Section 9 hereof.
.
The waiver of any default hereunder shall not be waiver of any snbsequent default.
(C) Lender's Rights Upon Default - Upon the occurrence of an Event of Default, Lender may exercise any or
aU of the rights, privileges and remedies of a creditor under the law of the appropriate jurisdiction. If the Lend-
er seeks to enforce its rights hereunder and Incurs costs aud expeuses In counectlou with such enforcement, Bor.
rowers agree to reimburse Leuder for aU of Its costs and expenses to the extent not prohibited by appUcable law,
Including, but uot limited to, attorneys' fees not to exceed t5% of all amounts due hereunder.
8. GIVING OF NOTICES
AIl notices to be gi"en under this Note shall be given In writing by first class mall. AIl notices to Borrower's
shall be addressed to BorrOWers at their address as shown at Ihe end of tbls Note, or to such other address as BOlr.
rowers may designate by notice to Lender. All notices to Lender shall be addressed to Lender at P. O. Box =U,
CarDsle, PeDDsylvaula 17013, or at such other address as Lender may designate by notice to Borrowers.
1. RESPONSIBIUTY OF PERSONS UNDER THIS NOTE
The Borrowers shall be jolntiy and severally liahle and obligated to pay the full amount owing under this
Note In accordance with the terms thereof, and shaD be jointly and severally Uable and obUgated to keep and
perform all of the convenants, promises and agreements contained In thIs Note and In the Mortgage referred to ~m
Section 9 hereof. The Borrowers' covenants, promises and agreements contained In this Note shaU be legaDy
binding upon the Borrowers and each of them and their respective personal representatives, heirs, sUCeeSsors and
assigns. The Lender's rights Bnd privileges contained In this Note shBlllnnre to the benefit of the Lender and IU
successors and asslgas. (."' , ,,'j'
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8. WARRANT OF A'M'ORNEYP,
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The Borrowers hereby Irrevocahly authorize anl! empow.er any attorney or any Prothonotary or any Cle~k 01
lIlny conrt ,of record to appear for and confess judgment against Borrowers, or any of them, and in favor of the
Lender, at any time, for sueh sums as are due and/or may become due onth!s Note, with or without declaration,
without stay of execution, with costs 01 suit and attorueys commissions not to exceed 15% of all amounts due here.
under for collection. Borrowers (1) waive the right of iuquistion on any real eslate levied on, volunlarlly condemn
the same, authorize the Prothonotary or Clerk to enter upon the Writ of Execntion said voluntary condemnation
and agree that said reai estate may be sold on a Writ of Execution; (2) waive aud release all rellef from auy and
all appraisement, stay, exemption or appeal laws of any state now in lorce or herealter enacted; and (3) release
all errors in such proceedings. If a copy of this Note, verified by aCCldavit by or on behaU of the Lender shall have
been rued in such action, it shall not be necessary to file the original Note as a Warrant of Attomey. The authority
and power to appear for and enter judgment against the Borrowers shall not be exhausted by the Initial exercise
thereof, and the same may be exercised from time to tim e, as often as tbe Lender shall deem necessary and deslr.
able, and this Note shall be a sn((Jclent Warrant.
~
II. THIS NOTE SECURED BY A MORTGAGE
'"
In addition to the protections given to lhe Lender under this Note, a Mortgage given under eVen date here.
with by Borrowers, as Mortgagors, to the Lender, as Mortgagee, protects the Lend~r from possible losses which
,
might resnlt If the Borrowers do not keep the promises which they make in this Note. SUCH MORTGAGE DJ;;.
SCRIBES HOW AND UNDER WHAT CONDITIONS BORROWERS MAY BE REQillRED TO MAKE IMMEDIATE
PAYMENT IN FULL OF ALL AMOUNTS THAT THEY OWE UNDER TIllS NOTE. ONE OF TIlOSE CON,
DlTIONS, WHICH IS SET FORTH AT LENGTH IN SECTION 6 OF TIlE MORTGAGE, RELATES TO ANY
SALE, TRANSFER OR CONVEYANCE OF ALL OR ANY PART OF TIlE PROPERTY COVERED BY TIlE
MORTGAGE TO ANY PERSON, CORPORATION OR LEGAL ENTITY, OTHER THAN THE MORTGAGORS
'I'IlEREIN, OR ANY OF TIlEM. Borrowers acknowledge receipt of copies of this Note and of said Mortgage.
10. MISCELLANEOUS
Protest, notice of protest, presentment, dishonor, notice of dlshouor and demand are here,by waived by th"
Borrowers, and each of them, and by any sureties, guarantors and endorsers of this Note.
If any provision of this Note shall for any reason be held to be invalld or uneniorceable, such Invalldlty 01'
unenforceabllity shall not alfect any other provision hereof, but this Note shall be constmed as If such Invalid or
unenforceable provision had never been contained herein. ThIs Note shall be govemed by the law of lhe slate 10'
1fhlch the real estate covered by the Mortgage referred to il1I Section \I is located.
If less than two Borrowers shall sign this Note, all covenants, promises and agreements, which are drawn
in the plural, shall be deemed to be in the singular.
Borrowers have duly eXecuted this Note the day and year first above written.
WITNESS:
,;;g
/
,P")/
4--7 .-4
'-"7
Ll~
~L ,/r7/~
xL", l ;{ldle::Jt
~,~ ;;t~I!'
(SEAL)
tA....J
(SEAL)
Sharon L. Etter
(SEAL)
(SEAL)
Borrowers' Address:
R.D. 19. Box 114R, r~rliRlp, ppnnRylv~ni~ 17011
The Waiver or Rights Affidavit on the reverse slde mut be completed.
~', ,
, = ,~
;.' ~ , .
-., -0 ~;, ,-,,,,,,~ '~ ',,;. ;. .'" "!:\.lit
"
,.
.
8., WARRANT OF ATI'ORNEY~\ " ,
1,'.',.- '.'
The Borrowers hereby irrevocably authorize and empow.er any attorney or any Prothonotary or lIDY Clerk 01
'.
any conrt, of rccoM to appcar for and confess judgment against Borrowers, or aDY of them, and In favor of the
Lender, at any time, for such sums as are due and/or may become due on this Note, with or without declaratIon,
without stay of execution, with costs of suit and attorneys commissions not to exceed 15% of aU amounts due here-
under for collection. Borrowers (1) waive the right of Inquistlon on auy real estate Icvied ou, voluntarily condemn
the same, authorize the Prothonotary or Clerk to enter upou the Writ of Execution said voluntary condemnatlon
llI1d agree that sald real estate may be sold on a Writ of Exccntlon; (2) waive and relcase all rellef from any and
\i1ll appralsement, stay, exemption or appeal laws of any state now in force or bereafter enacted; and (3) rele,.se
all errors In such proceedings. If a copy of tbis Note, verUled by aUldavlt by or on behaU of the Lender shall ha,ve
been filed in such action, it shall not he necessary to file the original Note as a Warrant of Attorney. The authority
and power to appear for and enter judgment against the Borrowers shall not be exhausted by the Initial exerelse
thereof, and the same may be exeretsed from time to time, as often as the Lender shall deem necessary and desir-
able, and tbls Note shall be a sufficient Warraut.
,
.
9. TmS NOTE SECURED BY A MORTGAGE
~
In addition to the protections given to the Lender under tbis Note, a Mortgage given under e"en date hel'e.
with by Borrowers, as Mortgagors, to the Lender, as Mortgagee, protects the Lend,r from possible losses wbich
might resnlt II the Borrowers do not keep the promises which they make in tbis Note. SUCH MORTGAGE DE-
SCRIBES HOW AND UNDER WHAT CONDITIONS BORROWERS MAY BE REQillRED TO MAKE IMMEDIATE
PAYMENT IN FULL OF ALL AMOUNTS THAT THEY OWE UNDER THIS NOTE. ONE OF THOSE CON,
DlTlONS, WmCH IS SET FORTH AT LENGTH IN SECTION 6 OF THE MORTGAGE, RELATES TO ANY
SALE, TRANSFER OR CONVEYANCE OF ALL OR ANY PART OF THE PROPERTY COVERED BY THE
MORTGAGE TO ANY PERSON, CORPORATION OR LEGAL ENTITY, OTHER THAN THE MORTGAGOII:S
'l'IIEREIN, OR ANY OF THEM. Borrowers acknowledge reeelpt of copies of this Note and 01 satd Mortgagl!.
10. MISCELLANEOUS
Protest, notice of protest, presentment, dishonor, notice of dishonor and demllDd are here.by waived by the
Borrowers, and each of them, and by any suretles, guarantors and endorsers of tbis Note.
H any provision of this Note shaD for any reason be held to be invalid or unenforceable, such invaUdity o'r
nnenforceahUity shall not affect any other provision hereof, but this Note shaD be construed as If snch Invalid or
unenforceable pro"lsion had never been contained herein. ThIs Note shaD be governed by the law of the state In
whJch the real estate covered by the Mortgage referred to In Section 9 Is located.
If less than two Borrowers shall sign this Note, all covenllDts, promises and agreements, which are draw"
In the plural, shall be deemed to be In the singnlar.
Borrowers have duly executed Ibis Note the day lIDd year first abOve written.
WITNESS:
(-;g;J
)
V"') ,
(/'...."?{
L. {;~
(//j) (/ .<7/ ---r
>< ~~f!w",} if dle:::;t
~/~ J?t~t~.
(SEAL)
t:c..~
(SEAL)
Sharon L. Etter
(SEAL)
(SEAL)
Bornwers' Addres.:
R.D. #9. Box 1148. r~rliRlp, ppnnRylv~ni~ 17011
The Wllver Of Rights Affidavit OD the reverse side mOlt be completed.
---------------.---.-~-
l
101..T.11-~DNd.~,."".Ht...I_.
IWrwyH.III,/I1c..r~M
.~:-.......
IDlJil1 mttb 1
MADE THE
0/ our Lord one thow.nG nine hura.dred
t.!'l! d4y of
eieJ:lty-five (1985)
!:ecemer
it& the year
BETWEEN
IDWffiL.mOOTzMd~mm~H.~~,~srlfu,ofww~
Frsnkford 'Ibwns~p, Clmlberland County, Pennsylvania, hereinafter
called
j
.-. -
I -
~ ..d
I
I
I Grantors .
RICHARD M. ETl'ER, JR., Md SHARON L. ETlER, ~s rlfe, of Wwer '
. .
Frsnkford 'Ibwns~p, ,Culli:lerland County, PennSYlvania, here1na.f'ter
caJ.led
Grantees:
WITNESSETH. ,hal i. ""..id."";",, of
- --($30,000.00)
Ira. hand paid. the rec,ipt whereof;6 hereby Gcknowled,ed. thi! ~old IIr.Rtor 8
to the ~(Jid .ranu.s. their heirs and assigns, as tenants by
'IHIRTY THOUSAND and no/100
_DollaTl,
do hereby gron.t "ria con""
the entireties
ALL that certain tract of lMd situate in Lower Frsnkford 'Ibwns~p, CUn1:lerland
County, Pemsylvania, bounded Md described in accordance with a plan prepared
by Stephen O. Fisher, R.S., dated October,15, 1985, Md recorded in the Office
of the Pecorder of !:eeds for CUnberland County in Plan Book l.{ <r, Page 'f>, as
follows:
BEGINNING at a point in the centerline of towns~p road T-460 01; lands of Conm:m-
Wealth of Pennsylven1a; thence along lands of Conmonwealth of Pem~ylvania North
02 degrees 12 minutes 51 seconds West 120.75 feet to an existing iron pin; thence
still along lands of Conmonwealth of Pemsylvania North 62 degrees 53 minutes 28
seconds West 216.44 feet to an existing ir<n pin; thence still along the same
North 03 degrees 58 minutes 39 seconds East 294.21 feet to an existing iron pin;
thence along sarre South 88 degrees 08 minutes 45 seconds East 273.21 feet to M
iron pin! thence North 33 degrees 04 minutes 17 seconds East 205.95 feet to en
iron pin; thence North 30 degrees 35 minutes 43 seconds West 241.31 feet to "" Bolt
set; thence along lands of Richard L. Brownawell South 60 degrees 06 minutes
54 secoricls East 696.25 feet to a fence post; thence along lands of Jack Swartz,
South 20 degrees 15 minutes West 306.63 feet to an existing 2 inch diameter pipe
oVer iron pin; thence along lands of lbdiley Walters North 88 degrees 28 minutes
58 seconcls West 192.92 feet to a 2 inch diarreter pipe over iron pin; thence still
MCQ 31 fAGE 997
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along lands of Rodney Walters South 07 degrees 14 m1nutes East 226.05 feet to
an existing RK N1Ii1in the centerline of township road '1'-460 j thence along the
centerUne of '1'-460, South 65 degrees 50 m1nutes 03 seconds West 419.96 feet
to a P.l{. N1Ii1, the Place oJ: BEGINNING.
CONl'AINING 9.61.39 acres and being des1l'1lB-ted as Lot No.4 on the aforesaid plan.
AND BEING part of the same propeny wh1chCleore;a A. Hef1'lefinger and Charlotte M.
Heff1ef'1nger, his wife, granted and cOl'Iveyed to Ralph L. M:luntz and Mal:'guerite H.
Mauritz, h1.s wife, grantors he~in, by deed dated March 2, 1942, and recorded in
the ott'1ce aforesllid in teed Book "N". Vol. 12,Page 176. '
. ' .
;-([,COi\~EO"0fficE OF TIlE
R",'CO.iO,'ir. Gf DEEDS
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CfMMONWEALTH OF PENNSYLVANIA =
: ~;:::::~mo~
Q P.B.IlI62 - _, =
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AND.heSllidg,an.ars herebye..e"",,' ondagrce 1M' they
..ill "",rron' general.ly the p..perl)' hereby con.eyed.
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IN WITNESS WHEREOF, laid ,ra.,.'e hove her,..,. '" their honde ond ,,01 e Ih. d4)' ond
rH' fint CJbav~ ullilt~,..
&tgnell. &ClIlell. 8II11llellulI'ell
In lite 'ttllfl1~ of
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' RALPH L. /lDUI\'TZ
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MARGUERI'lE H. M:lUNTZ
Slal../ PENNSYLVANIA
C...."../ CUMBERLAND
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1/1(:
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Decentler
Ih...d".,ir..d.jJie."p.".IIolly.p'p..",d. ~ L. M:lllNTZ and MARGUERr'lE H. M:)llN'l'Z, hie wife,
..,......."..."", :
.... . !.oI I {"t ~/i.
".' ..... \' ~.....I'j,1f "'''' .
/;;:,":..~.k~....: i.:.~(,~ ,.,iI/tu:I.riJy p,.",n) lD b. the, pm..s ..h... ...m. e are ,.b,e,ib.d I. lh. ..ilhi.
S ~... " i,,!lrUIR,nl. o,ad ~fcnotUledged th",t they 'lC.eated th, ,am, for ,h, purpous InerriA con-ta;'IIed.
i'~2l <. ~ 'IN W!~NE~S JrfHEREOF,/her...t..., my h.~~ "ot ~.
~";::'" ' ..;.....~" 'f /J'"V'\/L-t3. ~. e
'~~:'~i.:'~ ~ t~:~~~> . RO:ER8.I-'. ~lARmBUC ...L
"\ '~""If.".f1I1II'" CARLlSlf, Dt'K'."I', I"Ulf,!.Llh ~li[) eeuftl1
MY COMMISSiON EX~IRE~ ~Cl. 3. \988 Till, ./0fJi"',
SI... ./
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,19.
, b'fore "Jl!!.
C..n". of
On thil. tAl
d4)' ./
Ih. ..d"'ir..d .fT-', p.".nolIy appear'"
known to me (or ,otil!QctorUy proven) 10 be lI&e p,,,on who., ,ub,crilled 10 ,la, within ;,,.IIrumenl,
..d .ok..WI,d,.d lhot h. "'.....d Ih, ...m. f., lAc p.rp....IA.",/n ".'ain.d.
IN !",ITNESS WHEREOF, I A.",..,. lOt my A..d ..d ojJieiol.eol.
~
BOOK&) 31 PACE 299
Tille .fOjJicer.
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. . I' do laenhy c~rdl1 tlaot the pr~ciu re&id~nu anti complete pDlt olflc~ aJdreu
1'. O. &.')C /'1"].
1l8~o..l...-A.<e.l...c(, flf f'7r!)81
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Allor...,- for Grantee
of tht' within named,rante"S i.J
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COMMONWEALTH OF PENNSYLVANIA
'Coanf)'Of~i""~
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RECORDED on thu
..n-6{
d#y 01
~ n4<C.
A. D. 19..J.i. in the Recorder', office o/the ,GiJ Coanf)'. in Deed So" q
VoL
... ~J
P.,e 997
,
"
Civ~n ullder my Mild and th, ,eal 0 th, &aid DUfice~~t::b:tJjVJritttra.
-~. .
. R,conle,.
BOOK ~31 p.lGE1000
-
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(C.O~1f
CERTIFIED # Z 339 066 150
August 21, 2000
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on vour home is in default. and the lender intends to foreclose.
Specific information about the nature ofthe default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) maY be able to help to save your
home. This Notice explains how the program works.
To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN
30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counseling
Agency.
The name. address aud phone number of Consumer Credit Counseling Agencies serving YOU County are listed at the
end of this Notice. Ifvou have anv Questions. yOU mav call the Pennsvlvania Housing Finance Agencv toll free at
1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important iegal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local
bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION
OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA
HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER
ELEGlBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS'S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL
DERECHO A REDIMIR SU HIPOTECA.
~
HOMEOWNER'S NAME (S):
Sharon L. Etter
.,
PROPERTY ADDRESS:
Lower Frankford Twp. Containing 9.6439 Acres
Cumberland Countv. PA
,
LOAN ACCT. NO.:
202695-30000
ORIGINAL LENDER:
Farmers Trust Companv
CURRENT LENDERlSERVICER: Kevstone Financial Bank. N. A.
EXHIBIT
I])
,
~,
~..~
,I. J_ _'>
,'-'
-~-
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE 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 PENNSYL VANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a
"face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS
NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consurner 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!l1ated consumer credit counseling agencies for
the county in which the orooertv is located are set forth at the end of this Notice. It is only necessary to scheduie
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 natnre of your default.) If you have tried and
are unable to resolve this problem with the lender, you hav.e.the right to apply for fmancial assistance from the
Homeowner's Ernergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed
Homeowner's Ernergency 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
FOLLOWTHE 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 ernergency 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 lime, 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 Peons lvania Housin Finance A enc of its decision on our a lication.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THE NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
,.
~
to[pv
CERTIFIED # Z 339 066 150
August 21, 2000
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mort2:ae:e on vour home is in default. and the lender intends to foreclose.
Soecific information about the nature of the demult is orovided in the attached oa!!es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to helD to save your
home. This Notice exolains how the orogram works,
To see ifHEMAP 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 vou meet with the Counseling
Ae:encv .
The name. address and ohene number of Consumer Credit Counselim! A!!encies servin!! vou County are listed at the
end of this Notice. Ifvou have any auestions. YOU mav call the Pennsylvania Hensl"!! Finance A2:encv toll free at
1-800-342-2397. (Persons with imoaired hearing can call (717) 780- 1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local
bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANC[A, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. S[ NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION
OBTENGA UNA TRADUCCION INMEDIT AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA
HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES ~ER
ELEGlBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS'S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL
DERECHO A REDIMIR SU HIPOTECA.
~
HOMEOWNER'S NAME (S):
PROPERTY ADDRESS:
Sharon L. Etter
"
Lower Frankford Twn. Containinl! 9.6439 Acres
Cumberland County. PA
.
LOAN ACCT. NO.:
202695-30000
ORIGINAL LENDER:
Farmers Trust Comnanv
CURRENT LENDERlSERVICER: Kevstone Financial Bank. N. A.
~XH03IT '
t]5'
"
,
-"
^ ~ ~. 1Illlji;~!'i,'-
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 ELIG IBIL/TY 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 frorn the date of this Notice. During that time you must arrange and attend a
"face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS
NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT'. EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling
agencies listed at the end ofthis 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 desilmated consumer credit counseling agencies for
the county in which the properlY is located are set forth at the end of this Notice. It is only necessary to schedule
one face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSIST ANCE- 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 problern with the lender, you have-the right to apply for fmancial 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 ofthe 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 ACTIQ!'I[-Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings
will be pursued against you if you have met the time requirements set forth above. You will be notified directly by
the Penns lvania Housin Finance A enc of its decision on our a lication.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, 1
THE FOLLOWING PART OF THE NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONslOERED AS AN ATTEMPT TO COLLECT THE DEBT.
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(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (BriDl! it UP to date).
NATURE OF THE DEF AUL T - The MORTGAGE debt held by the above lender on your property located at:
Lower Frankford Twp. Containin!! 9.6439 Acres. Cumberland County. PA.
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the .
following amounts are now past due: $3,751.56 ($1,250.52 for 6/18, 7/18, & 8/18/00)
Other charges (explain/itemize): $ 125.06 Late Charge
TOTAL AMOUNT PAST DUE: $3,876.62
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION
HOW TO CURE THE DEF AUL T -You may cure the default within THIRTY (30) DAYS of the date of this
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3.876.62, 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
payable and sent to:
Keystone Financial Bank, N. A.
1415 Ritner Hwy
Carlisle, P A 17013
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:
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 ri!!hts to accelerate the mort!!a!!e debt. This means that the
entire outstandiug balauce of this debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY (30)
DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose unon your mort!!a!!ed
property.
IF THE MORTGAGE IS FORECLOSED UPON- Themortgaged property will be sold by the Sheriff to payoff
the rnortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender
begius legal proceediugs against you, you will still be required to pay the reasonable attorney's fees that were
actually iucurred, up to $50.00. However, if legal proceediugs are started against you, you will have to pay all
reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be ..
added to the amount you owe the lender, which rnay also iuclude other reasonable costs. If you cure the default
within the THIRTY (30) DAY Deriod. vou will not be required to Dav attorney's fees.
.
OTHER LENDER REMEDIES-- The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within
the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default
and prevent the sale at any time UP to one hour before the Sheriff's Sale. You may do so by paying the total amount
then past due. plus any late or other charl!es then due. reasonable attornev's fees and costs connected with the
foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writinl! by the lender and by
performinl! anv other requirements under the mortl!al!e. Cllring your default in the manner set forth in this
notice will restore your mortgage to the same position as if you had never defaulted.
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EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Saie
of the mortgaged property could by beld would be approximately four (4) months from the date oHhis 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 THE LENDER:
Name of Lender:
Address:
Phone Number:
Fax Number:
Contaet Person:
Kevstone Finaneial Bank. N. A.
1415 Ritner Hil!bwav
1717'1241-7799/ (877'1234-9647 toll free
(717'1241-0066
Kimberlv D. Hammond
EFFECT OF SHERIFF'S SALE-- You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE-You mayor may not (assumption is dependent upon original mortgage
agreement) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that aU
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 PAYOFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT.
. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
. TO HAVE TIlE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEF AUL T MORE TIlAN THREE TIMES IN ANY CALENDAR YEAR.)
. TO ASSERT THE NONEXiSTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
. TO ASSERT ANY OTHER DEfENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
~
YWCA
301 G Street
Carlisle, PA 17013
(717) 243-3818
Consumer Credit Counseling
Service of We stem Pennsylvania, Inc.
".
2000 Lmglestown Road
Harrisburg, P A 17102
(717) 541-1757
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Loan Workout Officer
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(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistlince.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brinl! it UD to date).
NATURE OF THE DEF AUL T - The MORTGAGE debt held by the above lender on your property located at:
Lower Frankford TWD. Containinl! 9.6439 Acres. Cumberland County. P A.
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the .
following amounts are now past due: $3,751.56 ($1,250.52 for 6/18, 7/18, & 8/18/00)
Other charges (explain/itemize): $ 125.06 Late Charge
TOTAL AMOUNT PAST DUE: $3,876.62
B. YOU HAVE F AlLED TO TAKE THE FOLLOWING ACTION
HOW TO CURE THE DEF AUL T -You may cure the default within THIRTY (30) DAYS of the date of this
notice BY PAVING THE TOTAL AMOUNT PAST DUIE TO THE LENDER, WHICH IS $3.876.62, PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)
DAY PERIOD. Payments must be made either bv cash. cashier's check. certified check or money order made
Davable and sent to:
Keystone Financial Bank, N. A.
1415 Ritner Hwy
Carlisle, P A 17013
You can cure any other default by taking the following action within THIRTY (30) DAYS ofthe date of this letter:
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date
of this Notice, the lender intends to exercise its ril!hts to accelerate the mortl!al!e debt. This means that the
entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the
rnortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY (30)
DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose UDon your mortl!al!ed
DroDertv.
IF THE MORTGAGE IS FORECLOSED UPON- The-mortgaged property will be sold by the Sheriff to payoff
the rnortgage debt. If the lender refers your case to its attorneys, but you cure the deliuquency 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 arnount you owe the lender, which rnay also include other reasonable costs. If you cure the default
within the THIRTY (30) DAY Deriod. YOU will not be required to Dav attornev's fees.
.,
"
OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within
the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default
and prevent the sale at any time UD to one hour before the Sheriff's Sale. You may do so bv Ilaying the total amount
then Dast due. olus any late or other charees then due. reasonable attorney's fees and costs connected with the
foreclosure sale and any other costs connected with the Sheriff's Sale as sDecified in writine by the lender and by
Denormine anY other requirements under the mortl!al!e. Curing your default in the manne' set forth in this
notice will restore your mortgage to the same position as if you had never defaulted.
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.
.
EARLIEST POSSIBLE SHERIFF'S SALE DA TE--It is estimated that the earliest date that such a Sheriff's Sale
of the mortgaged property could by held would be approximately four (4) months from the date of this Notice. A
notice of the actual dale 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 THE LENDER:
Name,of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Kevstone Financial Bank. N.A.
1415 Ritner Hil!hwav
(717\ 241-7799/ (877\ 234-9647 toll free
(717\ 241-0060
Kimberlv D. Hammond
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. [fyou continue to live in the property after the Sheriff's Sale, a
lawsuit 10 remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE-You mayor may not (assumption is dependent upon original mortgage
agreement) se1l9r transfer your h9me to a buyer or transferee Wh9 will assume the mortgage debt, provided that all
the 9utstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other
requirements of lbe 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 PAYOFF 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 DEF AUL THAD
OCCURRED, IF YOU CURE THE DEF AUL T. (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 DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT iNSTITUTED UNDER THE MORTGAGE DOCUMENTS.
. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
~
YWCA
301 G Street
Carlisle. PA 170]3
(717) 243-3818
Consumer Credit Counseling
Service of Western Pennsylvania, Inc.
2000 LlnglestoWD Road
Harrisburg, PA 17102
(7]7) 541-1757
(
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Loan Workout Officer
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(D . Write "Return Receipt Requested" on the mail piece below the article number.
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SHERIFF'S RETURN - REGULAR
.
CASE NO: 2000-06622 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KEYSTONE FINANCIAL BANK NA
VS
ETTER RICHARD M ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,pennsylvania, who being duly sworn according t~o law,
says, the within COMPLAINT MORT-FORE
was served upon
ETTER RICHARD M JR
the
DEFENDANT
, at 0010:14 HOURS, on the 10th day of October ,2000
at CUMBERLAND CO. SHERIFFS' DEPT. 1 COURTHOUSE SQUARE
CARLISLE, PA 17013
by handing to
RICHARD M. ETTER, JR
a true and attested copy of COMPLAINT MORT-FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10.00
.00
31.10
So Answers: , #
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R. Thomas Kline
10/11/2000
KEYSTONE FINANC
Sworn and Subscribed to before By:
me this I f!!2-
day of
Dep ty Sheriff
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SHERIFF'S RETURN - REGULAR
.
CASE NO: 2000-06622 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KEYSTONE FINANCIAL BANK NA
VS
ETTER RICHARD M ET AL
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT MORT-FORE
was served upon
ETTER SHARON L
the
DEFENDANT
, at 0019:10 HOURS, on the 4th day of October
2000
at 586 F ST
CARLISLE, PA 17013
by handing to
SHARON ETTER
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:
DocJ~eting
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers: ~~~
,~' ,,~J'*1"C: ~(.
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R. Thomas Kline
10/11/2000
KEYSTONE FINANCIAL
me this J'if!1>'
day of
Sworn and Subscribed to before By:
(;J~,/ a2()v() A.D.
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