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Home My WebLink About00-08130 ~ ~~ _~~'.M' . " ._"=~ " . ,~'--' i"fL, FIRST NATIONAL BANK OF MARYSVILLE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 00 - P13{) Cw~L T~ JACK G. FRY, JR. LORI L. FRY MORTGAGE FORECLOUSRE Defendants CIVIL ACTION - LAW NOT ICE 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 '" ., '. '^~ " ~-;< ,,' NOT I C I A Le han demand ado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted de be presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 ,~-~" "~.'='~ . ,~ ._1 L ~ ~' -. "-~""'."'ji1 FIRST NATIONAL BANK OF MARYSVILLE Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. {)tj,. YI30 ~I~ ~ vs JACK G. FRY, JR. LORI L. FRY Defendantjs MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff is First National Bank of Marysville, a pennsylvania corporation with an address at 101 Lincoln Street, PO Box B, Marysville, PA 17053. 2 . Jack G. Fry, Jr., a Defendant individual with an address of Cumberland County, PA, 17093. and Mortgagor, 2 Wayne Street, is an adult Summerdale, 3 . Lori L. Fry, a Defendant and Mortgagor, is an adult with an address of 2 Wayne Street, Summerdale, County, PA, 17093. individual Cumberland 4. On or about May 3, 1993, Mortgagors executed and delivered a Note in the sum of $106,750.00, payable to The First National Bank of Marysville, a copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 5. Contemporaneously with and at the time of the execution of the aforesaid Note, in order to secure payment of the same, Defendants made, executed and delivered to The First National Bank of Marysville, a certain real estate Mortgage which is recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Mortgage Book 1158, Page 728, conveying the subject premises to Plaintiff, which mortgage is incorporated herein by reference. 6. The land subject to the Mortgage contains 2 separate tracts. Tract 1 is situated in East Pennsboro Township, Cumberland County, Pennsylvania and is. more particularly described in Exhibit "B" attached hereto and made a part hereof. Tract 2 is situated in East pennsboro Township, Cumberland County, Pennsylvania and is more.particularly described in Exhibit "C" attached hereto and made a part hereof. ~~. .- . , 1, 7. Mortgagors are the real owners of the land subj ect to the Mortgage. 8. The mortgage is in default due to the fact that the Mortgagors have failed to pay monthly installments of $827.64 for the month of March, 2000 and all subsequent monthly installments thereafter and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest to November 9, 2000 (c) Late Charges (d) Insurance paid by bank (d) Attorney's Commission 5% $102,275.66 $ 7,877.32 $ 288.66 $ 5,522.09 Total Amount Due $115,963.73 together with interest at the per diem rate of $29.4218 per day after November 9, 2000 , and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 10, Mortgagors are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11, Notice of intention to foreclose and to accelerate the loan balance has been given to the Mortgagors in accordance with Section 403 of Pennsylvania Act No. 6 of 1974, but the Mortgagors have failed to reinstate the Mortgage in accordance with the provisions thereof. Plaintiff has also complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. A copy of the notice is attached hereto, marked Exhibit "D" and made a part hereof, i . ,:""_..1- .~ l-"~' WHEREFORE, Plaintiff demands judgment against Defendants, Jack G. and Lori L. Fry, Jr. in the amount of $115,963.73, together with interest at the per diem rate of $29.4218 after November 9, 2000, other charges and costs incidental thereto to the date of Sheriff's Sale and judgment against all Defendants and for foreclosure and sale of the property within described. 1)- Vl1'~ Arthur M. Feld Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070 (717) 770-0292 Attorney for Plaintiff - 'I...., .." ')7 ".' ,_ ,_ "[ __'.1' -,.;,.. -'.'lk . .(' , . . - Account No. ___ 218~62 ADJUSTABLE RATE NOTE (Daily Simple Interest) NOTICE TO BORROWER THIS AGREEMENT CONTAINS PROVISIONS FOR AN ADJUSTABLE INTEREST RATE $ 106,750.00 May 3 , 19~ M;:lY"Y<:\lilll3 , pennsylvania FOR VALUE RECEIVED, I, the undersigned (jointly and severally), promise to pay The First National Bank of Marysville, a pennsyl vania corporation ("Note Holder i.) , or order, the principal sum of One Hundred Six Thousand Seven Hundr..!!d Fiftv Dollars and no c~nts Dollars (~ 106,750.00 ) WJ.th J.nterest on the unpaJ.d principal balance from the date of this Note, until paid, at the Initial Rate of -Spven- percent ( 7.00 %) per annum which rate may be changed during the term of this Note as provided below. Principal and interest are to be paid in 240 COnsecutive monthly installments of Eiaht Hundred Twentv Seven & 641100. Dollars ($827.64 ), on the 7tlI day of each month, beginning. Mav.7 , 19~. The above monthly installments will not be changed during the term of this Note due to increases or decreases in the rate of interest as described below. principal and interest shall be payable in lawful money of the United States of America, at the offices of Note Holder in Marysville, Pennsylvania (or at such other place the Note Holder may designate in writing.) In applying installments under this Note, the Note Holder will apply all amounts received first to all interest accrued on the date the installment is credited and then to the unpaid principal balance until the entire indebtedness, evidenced by this Note, is fully paid, except that any remaining indebtedness, if not sooner paid, shall be due and payable on Mav 7, " ~g:~Q13 ADJUSTABLE INTEREST RATE PROVISIONS Changes installments conditions: in the rate of interest and in the amount of monthly shall be subject to the following terms and Change Dates: The rate of interest I will pay of each month beginning June 1 which the rate of interest could Date". will change on the first day , 1993. Each date on change is called a "Change E'j.hib;t A "_. I -_.j -',." -" , - ~ '.' ",,,.,~, < ." ./ .' The Index: The "Index" is the prime rate as published in the New York wall Street Journal on the 25th day of publication each month. If the Index is no longer available, the Note Holder will choose a new index which is based on comparable information and will give me notice of this choice. The Index Val ue : The "Current Index Value" is 6.00 %. Calculation of Changes: Before each Change Date, the Note Holder 'will calculate my new interest rate by a.dding -One- percentage points ( 1.00 %) to the current Index Value. The sum will be my new interest rate until the next Change Date. My monthly installment payments will not change during the life of the loan. Limit on Interest Rate Changes: The rate of interest I am required to pay shall never be increased over the term of this loan to a rate greater than the maximum rate of interest allowable by state law for this type of loan or 18.00% per annum whichever is less. There is no limit to the amount of decrease of the rate of interest on any single change Date or during the term of this loan. Carry-Over of Interest Rate Increases: If the new interest rate on any Change Date is .greater than the maximum rate of interest, the portion of the new interest rate which exceeds the maximum rate of interest will be carried forward. Allor any portion of the carry-over will be added to the new interest rate, when the new interest rate is less than the maximum rate of interest on any Change Date. Effective Date of Changes: The new rate of interest will become effective on each Change Date. Notice of Changes: The Note Holder will mail or deliver to me a notice of any changes in the amount of my interest rate within 30 days of the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will 'answer any question I may have regarding the notice. Additional Terms: I may prepay the principal amount outstanding in whole or in part at any time. Any such partial prepayments shall be applied against the principal amount outstanding after payment of all interest through the date of such prepayment and shall not e r-Y\'\ h>L jf:1- IJ - "' ',,,, _--_I ,-_ ;_.1_ .". ___ '. ~ _" . -- -'". ,~ - -' " "." .--, --; .' , ';- / postpone the due date of any subsequent monthly installment unless the Note Holder shall otherwise agree in wr i ting. NO PREPAYMENT PENALTY SHALL BE CHARGED. In the event of a default in the payment of any installment due on this Note, a default in the perrformance of any covenant or condi tion in the Mortgage secur ing this Note or a default in the performance of the obligations imposed by any Mortgage constituting a lien superior to the Mortgage securing this Note, the Note Holder upon providing the undersigned with such notice as required by law, shall have the right and option to declare the entire unpaid balance of the within indebtedness due and payable at once and to foreclose any Mortgage securing this Note. Failure to exercise this option shall not constitute a waiver of the right to exercise the same in the event of subsequent default. The Note Holder may require the undersigned to reimburse Note Holder for any charge the Note Holder has been required to pay upon the dishonor of the undersigned's check. In the event it becomes necessary to refer this Note to an attorney at law for collection, or if this debt or any part hereof be collected by an attorney in legal proceedings of any kind, the undersigned shall reimburse Note Holder for such reasonable attorney's fees, court costs and fees as are actually incurred by Note Holder in the collection of any part of the debt evidenced by this Note. The undersigned has been informed and understands that credit life insurance is not required to obtain credit. Property insurance on the real property described in the Mortgage may be obtained from anyone you want that is acceptable to the Lender. If checked, the principal includes a credit life insurance premium of $ . _If checked, the principal includes a property insurance premium of $ . The undersigned and all endorsers, sureties and guarantors further consent to any and all extensions of time, renewals, waivers or modifications which may be granted or consented to by the Note Holder as to the time of payment or any other provision of this Note. Presentment, notice of dishonor and protest: are hereby waived by all makers, sureties, guarantors, and endorsers hereof. This Note is the joint and several obli!Jation of each maker and shall be binding upon them and their heirs, successors and assigns. Notices provided for in this Note shall be given by the Note Holder, when deposited in the United States mail, postage prepaid, addressed to me or the current owner of the real property described in the Mortgage securing this Note and any other person personally liable on this Note as these persons I names and addresses appear ob. the Note Holder IS records at the time of giving notice. The parties agree that they have engaged in this transaction evidenced by this Note and the Mortgage securing this Note pursuant to applicable federal, as well as state, law and that l 'f-hlbit. A . 1/ ><', , ,~" d '. ' ;:' they are not bound by such prov~s~ons of state law, including the Secondary Mortgage Loan Act, as have been preempted by applicable federal law. This Note is secured by a Mortgage, dated Mev 3. 1993 , and executed by me to The First National Bank of Marysville consisting of a first orioritv lien on real property located in Cumberland County, Pennsylvania and duly filed for record in the Office of Recorder of Deeds for said County, Pennsylvania. IN WITNESS WHEREOF, individual has set his hand on the date first written abo Witness: 545/007 E"1- '0, b'rc A- .,,--'. ^ ~ ,,~,. - - I .;. ,~ ~~:SL TRACT NO.1: ALL THAT CERTAIN TRACT OF LAND located in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the South side of First Street in the Summerdale Section of East Pennsboro Township, said point being 130 feet West of the intersection of Wayne Avenue and First Street; THENCE North 36 degrees, 15 minutes, 00 Seconds West 259.80 feet along First Street to a point; THENCE South 53 degrees, 45 minutes, 00 seconds West, 80 feet along lands nor or formerly of Glen E. Farringer, to a point; THENCE South 36 degrees, 15 minutes, 00 Seconds East, 30.58 feet to a point; THENCE South 09 degrees, 22 minutes, 00 seconds West 49.21 feet to a point; THENCE South 53 degrees, 45 minutes, 00 Seconds West, 24.83 feet to a point all along Lot #1, in a plan of lots in Plan Book 54, Page 149; THENCE south 36 degrees, 15 minutes, 00 Seconds East 194.80 feet along lands now or formerly of Lloyd Marlin Fought and Timothy S. Allwein and Claude Hench to a point; THENCE 53 degrees, 45 minutes, 00 seconds East 140 feet to the PLACE OF BEGINNING. BEING Lot #2 and Lot #3 in Plan Book 54, Page 149, and having erected thereon on Lot #2, a block garage and frame storage shed, known and numbered as 311 First Street, Summerdale, Pennsylvania, 17093. BEING the same property which Vera A. Fry and Jack C. Fry, Sr. and Willa M. Fry by their deed dated March 18, 1991 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book A-35, Page 5, granted and conveyed to Jack G. Fry, Jr. and Lori L. Fry, his wife. I' \. \~, , C 1-1\\U,'C \3 _;-=--------""7-- ",I e' __ ~ _ < ~"""-,- TRACT NO.2: ALL THAT CERTAIN PIECE OF PARCEL of land located in East pennsboro Township, Cumberland County, Pennsylvania, bounded and described, as follows to wit: BEGINNING at a point in the intersection of First and Wayne Streets; THENCE along Wayne Street, South 57 degrees, 26 minutes West, 190 feet to a stake; THENCE along land now or formerly of Erik G. and Constance M. Owen, husband and wife, North 32 degrees, 34 minutes West 65 feet to a stake; THENCE along the line of lot #8, Section "B", on the hereinafter mentioned Plan of Lots North 57 degrees, 26 minutes East, 190 feet to a point in First Street, South 32 degrees, 34 minutes East, 65 feet to a point, the PLACE OF BEGINNING. BEING THE EASTERN part of Lot #7, Section "B", on the Plan of Lots of Summerdale, Pa., said plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, in plan Book 1, page 44, Revised Plan, Plan Book 2, Page 109. BEING THE SAME PROPERTY WHICH John C. Fry and Vera A. Fry, his wife, granted and conveyed to Jack G. Fry, Jr. and Lori L. Fry, his wife, Mortgagors herein, by deed dated May 12, 1982 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book "T", Vol. 29, Page 790. I:::: 1 h"j b'lt. (, 'T ,-U."J"~" ,~ . ..:l "'~ '. '.' '" ACT 91 'NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date; 7-11-00 : This Is an official notice that the mortgaqe on your home Is In default. and the lender Intends to foreclose. Soeclflc f rm abou r f a The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM fHEMAPI may be able to helD to save your home. This Notlcllexolalns how the oroaram works. To see If HEMAP can helo. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with YOU when YOU meet with the Counsellna AlIencv. The nil. me.. address and ohone numb~!r of Consumer Credit Counsellnll A~encles serving your County are listed at the II . If u v n' n . 01. .. . 4. 1m This Notice contains Important legallnformitlc!n. If you have any questions, representatives at the Cansumer Credit Counliellng Agency may be-able to help explain It. You may alsa 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 VIVIEN DO N SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION I.NME.DITAMENTE LAMAN DO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERQ Me~CloNADO RRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY ORTGAGE ASSISTANCE PROGRAM" EL CUALPUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU IPOTECA. r.nri r. I7Y 2 Wayne St. /; 311 FirA" !'It' . 1lt........riI..l... PP. 71666' The Fir,,\: notional Ba.lk of Mat::}bvlll.. rh.. Flr:at ..adonal J:>aT1k of l'lcuysvi.ue HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY ~g:ib~~~U~~~~:~~~~~S:1~l:~3~~I~'6~~~A~~~:~~E~~~ME FROM IF YOU COMPLY WITH THE PROVISIONS OF T~HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGEf'lCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRClJMSTANCES BEYOND YOUR CONTROL. " ,./ . IF YOU HAVE A REASQNABLE PFlOSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBluTY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERlSERVICER: TEMPORARY STAY OF FORECLOSURE~Under the Act, YCiu are entitled to a temporary stay Of foreclosure on your mortgage fox 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 f301 tlAYS. 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-I! you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may1'lOT_takeaction against you for thirty (30) days alter the date of this meeting. The names addresses and teleohone numbe;s of desianated consumer credit counseling agencies for the county In which the nrooertv is located are set forth at the end of this Nt'ltlce. lfis only necessary to schedule one facecto-face meeting. Advise your lender im,,-,edlatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) I! 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 MWiI 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 alter 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 applicatit'ln. NOTE: !F YOU A~E OUR!'lENTlY PROTECTEP BY THE F!L!NG OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFQRMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have flied bankruptcy you can stlll.apply for Emergency Mortgage Assistance.) . HOW TO CURE YOUR MORTGAGE DEFAULT fBrln9 it uo to date.l NATURE OF THE DEfAULT-The MORTGAGE debt held by the above lender on your property located at: 2 ~~st:;:: A!:!Q 3,\1 FirA" !'It.. 1lt........rilA1... D& 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: IiUlI monthly paYll\Elnt for March 7, 2000 in the amount of 5827.64 and each monthly P"Iyment thereafter totallil'\g $4. 13A 20 Other charges (explain/ltemize): ':lllll.fifi 18 \;'1I11e Gha~e13 TOTAL AMOUNT PAST DUE 44,4~o.tlo B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not aoolicable): ~ iJ '.c - ~ (li , . <~"j _h_ . .1 . """- -.,-.''';;;-;'"-','',, <.""""' HOW TI!) CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this noiice BY' PAYING THE 'TOTAL.-AMOUNT PAST DUETOTHE LENDER, WHICH IS $ <1.426 86 ,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30): DAY PERIOD. Pavments must be made either bv cash cashier's check certified ch,::tck or monev order made oavable and sent t~: ~ Fipst Natianal:BaRk af MaEi~7ille PQBQKB Mar:yavi11... PA 17053 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) IFYOU DO NOT CURETHE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender I rl h .. .... This means that the eritire outstanding balance of this debt will be considered due immediately and you may lose the chance to p y the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct Its attorneys to start legal action to foreclose UDon vour mortGaGed DrODertv. IFTHE MORTGAGE IS FORECLO~ED UPON The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to Its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually Incurred, up to $50.00. However, if legal proceedings are stMted against you, you will have to pay all rei'lsonable attorney's fees actually Incurred by the lender even if they exceed $50.00. Any attorne 's fees will be added to the amount You owe the lender, which may also include other reasonable costs. r d f 'I r'. , OTHER LENDER FlEMEDIES- The lender may also sue you p~rsonally for the unpaid principal balance and all other sums due under the mortgage. RIGHTTO CURE THE DEFAULT PRiOR TO SHERIFF'S SALE-I' you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou stili have the rlllht :to cure the default and orevent the sale at anv time UD to .one hour before the Sheriff'~ Sale. You may, do so bv Davino the total amount ,then oasl due plus anv late or other charo~s Illen due reasonable attorney's fees and cosls connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as soecified in writino bv ,the lenderan~ bv per/ormlno anv othtr requirements under the mortoage. Curing your default In the manner set forth In this notice will restore your mortgage ,0 the same position as If you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated: that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately " montlls from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before Ihe 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 paymerlt or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: 'PRe Figt tlat.ienal Rank ~f Maryeville 101 tiRQQIR it . P 0 BCOC ~ MaryJluille-, 5!A 17051 (717) Q';;7_?lQ~ (71"') al:\?-AC\7R Phone Number: Fax Number: Contact Person: 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 your furnishings and other belongings could be started by the lender at any timb. ' ASSUMPTION OF MORTGAGE-You _ may or ~ mliy not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that I all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. , YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.: . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY, ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITlbN AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES .IN ANY CALENDAR YEAR) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SU9H ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY .q -!J . .' ~... -Q < , " GJ CREDIT COUNSELING AGENCIES ARE LISTED ON THE ATTACHED PAGE \x liJ \,~i="~~1i Rp'l C. .......,,.,'" ') 7'00 ~~,., i'IE .~......,..""~ _ ,~,i'~'J_,I."",,-,,_ ." ,<"_J -~ kW. ACT 91'NOT1'GE Date; 7-11-00 TAKE ACTION 10 SAVEr;VdUR HOME FROM FORECLOSURE " This I, an official notice that the mortaageon Your home Is In default. and the lender Intends to foreclose. Soeclflc nformatlon about the nature of the defaultls,otovlded.ln the: attached Daaes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM /HEMAPI mav be able to helD to save vour home. This Notice exolalns how the oroaram works. To see If HEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with vou when you meet with the Qounsellna Aoencv. ~~~h:f "'t~e~:~~~~~f ::~ ~ahvOen:n~u:u~~,:~~.o~:~~,:v C:~~'tth~o~:nsne~~~a~ae~~~:'~;~\~~nVcoeu~;:~~~;;1r~r~~t~r :!8b~ 342.2397. /Persons with Imoalred hearlnocan,call/7171780.18691. This Notice contains Importantlegalli'lformatlon. I! you have any quastlons, representatives at the Consumer Credit Counseling Agency may blHlbl.e to help explain It. You may also want to contact an attorney In your area. The local barass6clatlon m~y be'abUe to help you find a lawyer. " " . , .~, -....... LA NOTIFICACION EN ADJUNTO. ES.DESUMA IMFiORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIEN DO EN SU CASA. SI NO COMPRENDE ELCOlilTENIDO DE ESTA NOTIFICAclON OBTENGA UNA TRADUCCION INMSDITAMENTE LLAMANPO ESTA AGENCIA (PENNSYLVANIA HOUSlfiG FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIOr-JADO ARRIBA. PUEDES SER ELEGIBLE PARA UNPRESTAMO PbR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERc;ENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PlJEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. . HOMEOWNER'S NAME(S): JackG. f);y Jr", . PROPERTY ADDRESS: 2 WavneSt. & -'11 First St.. Sumnerdale. PA '. LOAN ACCT, NO.: . 21A662 '. .' ORIGINAL LENDER: ThTftFif8tNa~1~Bank' of M,,~v~Hr CURRENTLENDERlSERVICER: e F rst Nat Bank of Ma s e '. -, HOMEOWNER'S EMERGENCY MORTGAG.E ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTG,:GE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR E~ERGENCY 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 "."1',. . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIAllOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of loreclosure 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 T}I,E NEXT ~glJl~1~;-~EY~~R~00~~~it~~T~Ot c~~E~g~~g~ ~g~TuGRAEG~0~RS~6m~iG~~I,,~~~~~~~:'~~TT~~~I~~ YOUR MORTGAGE UP TO DATE. ,.' f' i CONSUMER CREDIT COUNSELING AGENCIES-I! 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 deslonated consumer, credit counsellno aaencles for the countv in which th8 prODertv is located are set lorth at the end 01 ,this Notice.. It Is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions; APPLICATION FOR MORTGAGE ASSISTANCE'-Your mortgage is in default for the reasons, set forth later in this Notice (see following pages for specific Information about the nature of your default.) I! 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 MWU FILE YOUR APPLICATlO.N PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FO.RTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL ~E 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 aller 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 OFA PETITION IN BANKRUPTCY,THE FOLLOWiNG PART OF THIS NOTICE IS FOR INFORMATlON-PURPOSESONI.Y AND .SHOULD r-rorElE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have flied bankruptcy you can stili apply lor Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT /Brlnn It uo to date.l NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: , W~ynA ~ta An~)1 l First St., S\IRIIC~le, PA -q {,). IS SERiOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now ~ast due: d~~~~~~ 1 ~oem:; $4.' 1 ~~~t 7, '}OOO ill the ~IllO'Ult of $927. ~4 &AS ElseR maRtRl y ~a:tmflflt Other charges (explain/itemize): $288.66 11'1 t.ate CAarEjlCS TOTAL AMOUNT PAST DUE $4,4,}1'; 66 B. you HAVE FAilED TO TAKE THE FOllOWING ACTION (Do not use ilnot aoolicablel: "- --Q ~ )<;, 1-tJ '.1 f:df ...",,;1" " ,,-I.,'. ,I, <I ",~,,_, ',-, _ '."0' '~ '" ...:,:..,~ '0>',' "" 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 $ 4.426.86 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH 8ECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made oayable and sent to: ri'h.. ~it:'.." NA"ionl!ll Bank of Ma>::yBville .PO~R I'IarYsville, PA 17053 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not aoolicable.l IF YOU DO NOT CURE T'1E DEF~ULT",I' you do notcure the default within THIRTY (30) DAYS of the date of this Notice, tbe lender Intends to exercise Its rl,htscto:8ccele,~te the;liIortaeae debt. This means that the entire outstanding balance of this debt will be considered due Immedlatlil.y aridiyo. u'rilay.lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not rilade within THIRTY (30) DAYS, the lender also Intends to instruct its attorneys to start legal actfon to foreclose UDon your, mortasged Dronertv~ I" _ IF THE MORTGAGE IS FORECLOSErl VPON-The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your casle to itsattorr1eys, but you cure the delinquency before the lender begins legal proceedings against you, you will stili be required; to pay the (easonable attorney's fees that were actually Incurred, up to $50.00. However,.1f legal proceedings are start~d I\galnst YO,u, .yoLi, wllI.,haye to pay all reasonable attorney's fees actually Incurred by the lender even if they exceed $50.00. Any attorne.,..~s fees wm,ba adda.d to the amount you owe the lender, which may also Include other reasonable costs. If YOU cure the default w hln..the'THIRTY 1901 DAY'Derlod. YOU will not be reaulred to Day 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. RIGHTTO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If.you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings havllbegLln" you still h~yethe ,~Ioht to cure the default and prevent the sale at any time uo t09ne hour before the Sheriff's Sale.IYou may do s\) by Qsvlnrdhetotal amount then oast due. olus any late Dr other charol}S (ben due reasonable attornevls, fees and..'ct)stf:LnBnne~ed:wlt~.theiforeclo'sure sale and anv other costs connected, with the _Sheriff'S Sale as soeclfled In wrltl"" bv t~elaili!lsr'Arld'lly oerlormln9 any other reouirements under the mortljlaoe. Curing your default In the manner'set forth In thlslriotlce will restore' your mortgage to the same poaltlon as If you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SA,lE DATE-It I, estimated that the earliest date that such a Sheriff's Sale of the mortgaged Jroperty could be held would be approlth:nately ;:s 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. '(o~ may find out at any time exactly what the required payment or action will be by contacting the lender. flOW TO CONTACT THE lENDER: Name of lender: The FirlltNational BarIk of Marysville Address: 101 Lincoln St., POBOX B ~rysvil1e, PA 17053 lilt) 9!l/"'2.L96 (717) 957-4578 Phone Number: Fax Number: Contact Person: 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 your furnishings and other belongings could be started by the lender at any lime. ASSUMPTION OF MORTGAGE-'You _ mayor -X...-may not (CHECK ONE) sell Dr transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE TflE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM I\NOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CUREYOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY . .g . jJ , -Q '- ""' !lD CREDIT COUNSELING AGENCIES ARE LISTED ON THE ATTACHED PAGE. '><> 4J I - I , Cumberland County 'I: M '~ ~ _ , - '""" " HEMAP Counseling Agencies in Cumberland County CCCS of Western Pennsylvania, Inc. 2000 Ling1estown Road Harrisburg, P A 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg 2107 N. 6th Street Harrisburg, P A 17110 (717) 234-5925 FAX (717) 234-9459 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg P A 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, P A 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 This page was updated on 06/11/99 http://\\''W\\'.phfa,org/countics/county21,htm , ,~ __,,0 "",; . Page I of I ~ i-J ~ - -. "" ::x 4J 8/1 1199 -~ : L ,> " "'_1 VERIFICATION LII-t.f-f /J. it/elf , states subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is the 5'?J1Jlof( y,'cB 1i<f;SI'tJ/i'A/rfur the Plaintiff in this matter, that he/she is authorized to make this affidavit on its behalf and that the facts set forth in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. ~~ -...-.. c< -- ~, If HOC! "' ~"., 0- -},n", ~ ,,-"'..,~ ~'" " - . L I ~,-- ., -,~ SHERIFF'S RETURN - REGULAR . . CASE NO: 2000-08130 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NATIONAL BANK OF MARYS VS FRY JACK G JR ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FRY JACK G JR the DEFENDANT , at 0019:03 HOURS, on the 27th day of November, 2000 at 2 WAYNE ST SUMMERDALE, FA 17093 JAMIE FRY (DAUGHTER) by handing to 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 So Answers: 18.00 9.92 .00 10.00 .00 37.92 r~-/<~ R. Thomas Kline 11/28/2000 ARTHUR M. FELD " Sworn and Subscribed to before By: me thi s /..v- day of ~~ A.D. ~ /? L. -,--,U" 'I'hdh.v J ' Prothonotary ~ ~I--I -=, 1 "I ~ ~. ~, ~ SHERIFF'S RETURN - REGULAR , CASE NO: 2000-08130 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NATIONAL BANK OF MARYS VS FRY JACK G JR ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FRY LORI I the DEFENDANT , at 0019:03 HOURS, on the 27th day of November, 2000 at 2 WAYNE ST SUMMERDALE, PA 17093 by handing to JAMIE FRY (DAUGHTER) 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 So Answers: CfJf5:n:-'<~~-~ R. Thomas Kline 11/28/2000 ARTHUR M. FELD " Sworn and Subscribed to before By: me this !4J- day of ~., d-nV A.D. ~ 0 I1-1JIOb., ~' othonotary , .~ l," ~t!_:'~"'" '--":~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION THE FIRST NATIONAL BANK OF MARYSVILLE ( ) Confessed Judgment (X) Other DEFAULT JUDGMENT MORTGAGE FORECLOSURE vs. JACK G. FRY, JR. LORI L. FRY File No. 00-08130 CIVIL Amount Due $110.441.64 Interest FROM 11/09/00 to date of sale @ 29.4218 per diem $6.149.16 Atty's Comm $5.522.09 Total: $122,112.89 Costs: $ 2 WAYNE STREET SUMMERDALE, PA 17093 Defendants TO THE PROTIIONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but, if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property .pursuant to Act 6 of 1974 as amended. Issue writ of Execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant(s) 2 Wayne Street Summderdale, PA 17093 and 311 First Street. Summerdale. PA 17093. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named qarnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant (s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. ~ DATE: t ~IO( Signature: -Qr-Vl'\. j \~ Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff (717) 770-0292 ID No. #07172 ~J& i.'.iliil- " -~~,iiM'U;~:ill!:'.;~$,,,,*:.lI:Jml(""~-""~~'~ oIi'-'ijil;~lli> ~4O(.~'qlill~_L +'!i&~~ - , ~=,,~~ ~ ~ "<l. 14 ~ If) ,~ ....... ....... Iv ~ ..() I)"- ~ .V). ~ B . \) , ~ ~ -Cl '2 ~ 8 "'0 0 C) c:.; IV () 1J c: () ~~. u[. , " I I rni"';- ".,. :;:::' ::~ -. ........ ....... 'l-- ~ ~ -?r--- .-:~"" :- (). ~ l' r (j) ,,~'" ~...."' ':; " -, " -::- " r- f' " , ::.:~ IN ~ . " - - ttJ . ~ - ~ ~ .... - .... c, ~.'-,) tD . "__=_,'''''''''__''''~_r,~.~~,_ ~~"_"'- ,~_~v~~, ~ .. . _ M~ " ~ ,- , . 1._._- :. ,I 'I '"-'JIiiif:IIl}' THE FIRST NATIONAL BANK OF MARYSVILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA . Plaintiff vs. NO. 00-08130 CIVIL JACK G. FRY, JR. LORI L. FRY MORTGAGE FORECLOSURE Defendant/s CIVIL ACTION - LAW STATEMENT OF ADDRESS I, Larry D. Reich, Vice President for the First National Bank of Marysville, Plaintiff, do hereby verify that I have conducted a good faith investigation as to the whereabouts of the above named Defendant (s) who is/are the mortgagor(s), real owner(s) of the premises known as 2 Wayne Street, Summerdale, and 311 First Street, Summerdale, Cumberland County, Pennsylvania including but not limiting his investigation to: (a) actual contact with neighbors (b) checking with last employer (c) checking with postal authorities (d) checking with City Directory and Telephone Book (e) etc. and that as a result of this good faith investigation the whereabouts of the above are: (1) The last known address for Jack G. Fry, Jr. 2 Wayne Street Summerdale, PA 17093 Lori L. Fry 2 Wayne Street Summerdale, PA 17093 The foregoing information is true and correct to the best of my personal knowledge, information, and belief, and is made subject__ to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. ~~ ~ Larry D. . Reich Vice President for The First National Bank of Marysville """""illl!w" _~lWi1Bl~lIi~~iU!l;0i!;g;~\iJW?,~:M0-r<1~.iX'l1i0NiH!jISI""~1:k!,~>~\\f;<!l\'~~mol " ".. " ~ ~ '"", 'J$!t:iWWi""-""'-~- lll.lIOiiN!I'V.-k... -.!IllL_ j '( . ~~, ~~~ '" .- ,', """'" --+ "'-,) '-<. t.t) -.~., "" c:=:. ;;:':l .---! ~ _._'~-' rt.: , . . d ___.~ :; . tv: THE FIRST NATIONAL BANK OF MARYSVILLE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff vs. NO. 00-08130 CIVIL JACK G. FRY, JR. LORI L. FRY CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 THE FIRST NATIONAL BANK OF MARYSVILLE, Plaintiff in the above captioned action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 2 Wayne Street, Summerdale, Cumberland, County, Pennsylvania, 17093 and at 311 First Street, Summerdale, Cumberland County, Pennsylvania, 17093 more specifically described in Exhibit "A", attached hereto. 1. Name and address of Owner(s) or reputed owner(s): Address (if address reasonably ascertained, indicate) . cannot please be so Jack G. Fry, Jr. Lori L. Fry 2 Wayne Street Summerdale, PA 17093 2. Name and address of Defendant (s) in the Judgment: Address (if address cannot be reasonably ascertained, please so indicate) Jack G. Fry, Jr. Lori L. Fry 2 Wayne Street Summerdale, PA 17093 .,,_:Ll!l''''-''M.. ... ~............." l' I, _""""""''';'~""b_'" , .: 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Address (if address cannot be reasonably ascertained, please so indicate) First National Bank of Marysville 101 Lincoln Street P.O. Box B Marysville, PA 17053-0017 4. Name and address of the last recorded holder of every mortgage of record: Address (if address cannot be reasonably ascertained, please so indicate) First National Bank of Marysville 101 Lincoln Street P.O. Box B Marysville, Pennsylvania 17053-0017 Jack G. Fry, Sr. 1790 New Valley Road Marysville, PA 17053 Vera Fry 2000 Good Enola, PA Hope Road 17025 5. Name and address of every other person who has any record lien on the property: Address (if address cannot be reasonably ascertained, please so indicate) First National Bank of Marysville 101 Lincoln Street P.O. Box B Marysville, Pennsylvania 17053-0017 '~, Cumberland County Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 '"~~ ~- ,~ -- , - L ,'. '""';-"~ ...... .,J.., 6. Name and address of every other person who has any record interest in the property and whose interest .may be affected' by the sale: Address (if address cannot be reasonably ascertained, please so indicate) Those named in Paragraphs 3, 4 and 5 above. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Address (if address cannot be reasonably ascertained, please so indicate) Those named in Paragraphs 3, 4 and 5 above. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 'll z-IOI ~~ Larry D. Relch Vice President for The First National Bank of Marysville Plaintiff ~.-" _-'" ,",_'0 , *' '[,-. ~" ,^ ""',J ~ TRACT NO.1: ALL THAT CERTAIN TRACT OF LAND located in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the South side of First Street in the Summerdale Section of East Pennsboro Township, said point being 130 feet West of the intersection of Wayne Avenue and First Street; THENCE North 36 degrees, 15 minutes, 00 Seconds West 259.80 feet along First Street to a point; THENCE South 53 degrees, 45 minutes, 00 seconds West, 80 feet along lands nor or formerly of Glen E. Farringer, to a point; THENCE South 36 degrees, 15 minutes, 00 Seconds East, 30.58 feet to a point; THENCE South 09 degrees, 22 minutes, 00 seconds West 49.21 feet to a point; THENCE South 53 degrees, 45 minutes, 00 Seconds West, 24.83 feet to a point all along Lot #1, in a plan of lots in Plan Book 54, Page 149; THENCE South 36 degrees, 15 minutes, 00 Seconds East 194.80 feet along lands now or formerly of Lloyd Marlin Fought and Timothy S. Allwein and Claude Hench to a point; THENCE 53 degrees, 45 minutes, 00 seconds East 140 feet to the PLACE OF BEGINNING. BEING Lot #2 and Lot #3 in Plan Book 54, Page 149, and having erected thereon on Lot #2, a block garage and frame storage shed, known and numbered as 311 First Street, Summerdale, Pennsylvania, 17093. BEING the same property which Vera A. Fry and Jack G. Fry, Sr. and Willa M. Fry by their deed dated March 18, 1991 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book A-35, Page 5, granted and conveyed to Jack G. Fry, Jr. and Lori L. Fry, his wife. Tax Parcel: 09-12-2995-101 Exhibit "A: - "'- -- +." .' ~. > ~i'~ ~'''' ,zi" '- ".. TRACT NO.2: ALL THAT CERTAIN PIECE OF PARCEL of land located in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described, as follows to wit: BEGINNING at a point in the intersection of First and Wayne streets; THENCE along Wayne Street, South 57 degrees, 26 minutes West, 190 feet to a stake; THENCE along land now or formerly of Erik G. and Constance M. Owen, husband and wife, North 32 degrees, 34 minutes West 65 feet to a stake; THENCE along the line of lot #8, Section "B", on the hereinafter mentioned Plan of Lots North 57 degrees, 26 minutes East, 190 feet to a point in First Street, South 32 degrees, 34 minutes East, 65 feet to a point, the PLACE OF BEGINNING. BEING THE EASTERN part of Lot #7, Section "B", on the Plan of Lots of Summerdale, Pa., said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 1, page 44, Revised Plan, Plan Book 2, Page 109. BEING THE SAME PROPERTY WHICH Jack G. Fry, Sr. and Vera A. Fry, his wife, granted and conveyed to Jack G. Fry, Jr. and Lori L. Fry, his wife, Mortgagor~ herein, by deed dated May 12, 1982 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book "T", Vol. 29, Page 790. Tax Parcel: 09-12-2995-028 Exhibit "A" ~'_"'~""'JI.'~~~~~~4'~N4<~kt.~'",'dJtl!"-'!~"&;-m'$i,_"'~"'W;IJIWli9J!!i!l!t ~"-",, --, m~uJ:l~~ -~, -"p~, ."~ ~~~,,~ "",~.~,="" '-."'0.',-- .," "-> , ~ _0'--," _'-" ~ - iM;:1iIi'IH'Iilj '. '" ..' " 0 (':) ,- .. "1:] l-' ---. rn ~~ (n ._~.. ~~: :'::-~ , --, .. -.;, p c= "<, ;::'-i -..., ,,) :;:'-.> -< t 0 :-;:J ~< .. "' = , . [: I ',' .... " , J ~ . ~I ,,-, "j; THE FIRST NATIONAL BANK OF MARYSVILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff NO. 00-08130 CIVIL vs. MORTGAGE FORECLOSURE JACK G. FRY, JR. LORI L. FRY CIVIL ACTION - LAW Defendants AFFIDAVIT OF MAILING I, Arthur M. Feld, attorney for Plaintiff, do hereby verify that I have sent the attached notice and affidavit (copies of which are attached hereto), to the mortgagees, judgment creditors, the defendants, terre-tenant (s) and others listed below notifying them of the sheriff sale of real estate in the above captioned action. Said notice has been sent certified mail, return receipt requested, on January 12, 2001 to the address listed on the copy attached hereto. (1) JACK G. FRY, JR. (2) LORI L. FRY (3) THE FIRST NATIONAL BANK OF MARYSVILLE (4) CUMBERLAND COUNTY TAX CLAIM BUREAU (5) JACK G. FRY, SR. (6) VERA FRY The foregoing information is true and correct the best of my personal knowledge, information, and belief, and is made subject tot he penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. {t. V\A. v .W;v Arthur M. Feld, Esquire Attorney for Plaintiff 1309 Bridge Street New Cumberland, PA 17070-1116 (717) 770-0292 '0-- . ~-~~, -- ---- .-> ~ " -, -- ~ ~- ,- -, ,", --,,",,-' ","='_''<o_,__,,'~'_._,"_ ~,'-- ',;:-, -,~-k,-,"- ""-i( LAW OFFICES ARTHUR M. FELD 1309 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1172 , ,< (717) 770-0292 FAX (717) 770-03B9 January 12, 2001 Jack G. Fry, Jr. 2 Wayne Street Summerdale, PA 17093 Lori L. Fry 2 Wayne Street Summerdale, PA 17093 The First National Bank of Marysville 101 Lincoln Street P.O. Box B Marysville, PA 17053-0017 Cumberland County Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Jack G. Fry, Sr. 1790 New Valley Marysville, PA Road 17053 Vera Fry 2000 Good Enola, PA Hope Road 17025 NOTICE IS HEREBY GIVEN to the Defendant and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subj ect of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. ~<l . "" '-'" ~ ,j'C' '.; YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of the said Sheriff's Sale. By: jJ Vh.PW Arthur M. Feld Attorney for Plaintiff Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070-1172 'L '-,'-, ",,". ~'~;. THE FIRST NATIONAL BANK OF MARYSVILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff NO. 00-08130 CIVIL vs. MORTGAGE FORECLOSURE JACK G. FRY, JR. LORI L. FRY CIVIL ACTION - LAW Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE That the Sheriff's Sale of Real Property (Real Estate) will be held on June 6, 2001 in the Cumberland County Courthouse, Carlisle, Pennsylvania at 10:00 A.M. prevailing local time. THE PROPERTY TO BE SOLD IS delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (See description attached) The location of your property to be sold is: TRACT No.1: 311 First Street Summerdale, PA 17093 TRACT No.2: 2 Wayne Street Summerdale, PA 17093 The judgment under or pursuant to which your property is being sold is docketed to: 00-08130 CIVIL Cumberland County, Pennsylvania The name(s) of the owner(s) or reputed owner(s) of this property is: " )", I'M , - ~ 1 ~ ,~ .' -- L~~ JACK G. FRY, JR. LORI L. FRY 2 WAYNE STREET SUMMERDALE, PA 17093 A SCHEDULE OF DISTRIBUTION, being a list of the persons being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff will be filed by the Sheriff thirty (30) days after the sale and distribution of the proceeds if someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Carlisle, PA (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor =. - ~~~ - ~ ^ ~ ,,- ," >'-ill7c before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, Carlisle, PA, before presentation of the petition to the Court. Arthur M. Feld Attorney for Plaintiff -~.... . 'I L, ,-^- ''; , ".l~>-- 'l~: TRACT NO.1: ALL THAT CERTAIN TRACT OF LAND located in East pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the South side of First Street in the Summerdale Section of East Pennsboro Township, said point being 130 feet West of the intersection of Wayne Avenue and First Street; THENCE North 36 degrees, 15 minutes, 00 Seconds West 259.80 feet along First Street to a point; THENCE South 53 degrees, 45 minutes, 00 seconds West, 80 feet along lands nor or formerly of Glen E. Farringer, to a point; THENCE South 36 degrees, 15 minutes, 00 Seconds East, 30.58 feet to a point; THENCE South 09 degrees, 22 minutes, 00 seconds West 49.21 feet to a point; THENCE South 53 degrees, 45 minutes, 00 Seconds West, 24.83 feet to a point all along Lot #1, in a plan of lots in Plan Book 54, Page 149; THENCE South 36 degrees, 15 minutes, 00 Seconds East 194.80 feet along lands now or formerly of Lloyd Marlin Fought and Timothy S. Allwein and Claude Hench to a point; THENCE 53 degrees, 45 minutes, 00 seconds East 140 feet to the PLACE OF BEGINNING. BEING Lot #2 and Lot #3 in Plan Book 54, Page 149, and having erected thereon on Lot #2, a block garage and frame storage shed, known and numbered as 311 First Street, Summerdale, Pennsylvania, 17093. BEING the same property which Vera A. Fry and Jack G. Fry, Sr. and Willa M. Fry by their deed dated March 18, 1991 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book A-35, Page 5, granted and conveyed to Jack G. Fry, Jr. and Lori L. Fry, his wife. Tax Parcel: 09-12-2995-101 Exhibit "A: ,~ ',.' ,d-'_ """"-~'i; TRACT NO.2: ALL THAT CERTAIN PIECE OF PARCEL of land located in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described, as follows to wit: BEGINNING at a point in the intersection of First and Wayne Streets; THENCE along Wayne Street, South 57 degrees, 26 minutes West, 190 feet to a stake; THENCE along land now or formerly of Erik G. and Constance M. Owen, husband and wife, North 32 degrees, 34 minutes West 65 feet to a stake; THENCE along the line of lot #8, Section "B", on the hereinafter mentioned Plan of Lots North 57 degrees, 26 minutes East, 190 feet to a point in First Street, South 32 degrees, 34 minutes East, 65 feet to a point, the PLACE OF BEGINNING. BEING THE EASTERN part of Lot #7, Section "B", on the Plan of Lots of Summerdale, Pa., said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 1, pag~ 44, Revised Plan, Plan Book 2, Page 109. BEING THE SAME PROPERTY WHICH Jack G. Fry, Sr. and Vera A. Fry, his wife, granted and conveyed to Jack G. Fry, Jr. and Lori L. Fry, his wife, Mortgagors herein, by deed dated May 12, 1982 and record~d in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book "T", Vol. 29, Page 790. Tax Parcel: 09-12-2995-028 ;-:-...... Exhibit "A" THE FIRST NATIONAL BANK OF MARYSVILLE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PA Plaintiff vs. NO. 00-08130 CIVIL JACK G. FRY, JR. LORI L. FRY CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 THE FIRST NATIONAL BANK OF MARYSVILLE, Plaintiff in the above captioned action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 2 Wayne Street, Summerdale, Cumberland, County, Pennsylvania, 17093 and at 311 First Street, Summerdale, Cumberland County, Pennsylvania, 17093 more specifically described in Exhibit "A", attached hereto. 1. Name and address of Owner(s} or reputed owner(s} : Address (if address reasonably ascertained, indicate) cannot please be so Jack G. Fry, Jr. Lori L. Fry 2 Wayne Street Summerdale, PA 17093 2. Name and address of Defendant (s) in the Judgment: Address (if address cannot be reasonably ascertained, please so indicate) Jack G. Fry, Jr. Lori L. Fry 2 Wayne Street Summerdale, PA 17093 .~~ > " '-"-~, 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Address (if address cannot be reasonably ascertained, please so indicate) First National Bank of Marysville 101 Lincoln Street P.O. Box B Marysville, PA 17053-0017 4. Name and address of the last recorded holder of every mortgage of record: Address (if address cannot be reasonably ascertained, please so indicate) First National Bank of Marysville 101 Lincoln Street P.O. Box B Marysville, Pennsylvania 17053-0017 Jack G. Fry, Sr. 1790 New Valley Road Marysville, PA 17053 Vera Fry 2000 Good Enola, PA Hope Road 17025 5. Name and address of every other person who has any record lien on the property: Address (if address cannot be reasonably ascertained, please so indicate) First National Bank of Marysville 101 Lincoln Street P.O. Box B Marysville, Pennsylvania 17053-0017 Cumberland County Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ~>-c ,-", - -.., '11- ~~-~U . 6. Name and address of every other person who has any record interest in the property and whose interest ,may be affected by the sale: Address (if address cannot be reasonably ascertained, please so indicate) Those named in Paragraphs 3, 4 and 5 above. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Address (if address cannot be reasonably ascertained, please so indicate) Those named in Paragraphs 3, 4 and 5 above. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to Dated: I },vf' authorities. ~.~~ La . Reich vice President for The First National Bank of Marysville Plaintiff ~~ijj;}~~J}~'i~;;"';,;:~~.Jii<llr,.;\jj~_.''fk.~j,1(t''-"j0'",k'''-'k<8JriiJ.j-l'''',",C''t'~-'i)'~~~~I ,,~- ~ " ".~-" ---< !",^"". ,-~," --j.. " ,"',' c<'"c< " ., ~, " ,~, . ,'-' ~---- "-, -~.' < C1 c: ?,:-~ -;,;,-- rr,,", ""'... ~_~ i:-- . (-" ~~ ~. c" '" ,'~ "..,' . -:;~ -.; '~--' \0 ~. liliJ:M: ~:') ~--) -+-; .-,1 ::u --.::: d ,~ >0/" ,"'.'" -H-_, " J ~, '-" i' h..;.tI THE FIRST NATIONAL BANK OF MARYSVILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff NO. 00 -08130 CIVIL vs. MORTGAGE FORECLOSURE JACK G. FRY, JR. LORI L. FRY CIVIL ACTION - LAW Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE That the Sheriff's Sale of Real Property (Real Estate) will be held on June 6, 2001 in the Cumberland County Courthouse, Carlisle, Pennsylvania at 10:00 A.M. prevailing local time. THE PROPERTY TO BE SOLD IS delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (See description attached) The location of your property to be sold is: TRACT No.1: 311 First Street Summerdale, PA 17093 TRACT No.2: 2 Wayne Street Summerdale, PA 17093 The judgment under or pursuant to which your property is being sold is docketed to: 00-08130 CIVIL Cumberland County, Pennsylvania The name(s) of the owner(s) or reputed owner(s) of this property is: JACK G. FRY, JR. LORI L. FRY 2 WAYNE STREET SUMMERDALE, PA 17093 A SCHEDULE OF DISTRIBUTION, being a list of the persons being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff will be filed by the Sheriff thirty (30) days after the sale and distribution of the proceeds if someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Carlisle, PA (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you .~_ 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor . ",' 'f"" l.,. , ,c,., -j--, -,,-"",,'^ ,'" '-"r before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, Carlisle, PA, before presentation of the petition to the Court. Q !lA rOfD Arthur M. Feld Attorney for Plaintiff TRACT NO.1: ALL THAT CERTAIN TRACT OF LAND located in East pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the South side of First Street in the Summerdale Section of East Pennsboro Township, said point being 130 feet West of the intersection of Wayne Avenue and First street; THENCE North 36 degrees, 15 minutes, 00 Seconds West 259.80 feet along First Street to a point; THENCE South 53 degrees, 45 minutes, 00 seconds West, 80 feet along lands nor or formerly of Glen E. Farringer, to a point; THENCE South 36 degrees, 15 minutes, 00 Seconds East, 30.58 feet to a point; THENCE South 09 degrees, 22 minutes, 00 seconds West 49.21 feet to a point; THENCE South 53 degrees, 45 minutes, 00 Seconds West, 24.83 feet to a point all along Lot #1, in a plan of lots in plan Book 54, Page 149; THENCE South 36 degrees, 15 minutes, 00 Seconds East 194.80 feet along lands now or formerly of Lloyd Marlin Fought and Timothy S. Allwein and Claude Hench to a point; THENCE 53 degrees, 45 minutes, 00 seconds East 140 feet to the PLACE OF BEGINNING. BEING Lot #2 and Lot #3 in Plan Book 54, Page 149, and having erected thereon on Lot #2, a block garage and frame storage shed, known and numbered as 311 First Street, Summerdale, Pennsylvania, 17093. BEING the same property which Vera A. Fry and Jack G. Fry, Sr. and Willa M. Fry by their deed dated March 18, 1991 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book A-35, Page 5, granted and conveyed to Jack G. Fry, Jr. and Lori L. Fry, his wife. Tax Parcel: 09-12-2995-101 Exhibit "A: -" . 1- ,I. ~" __ , -", ,,L,,_-: .. . I ... TRACT NO.2: ALL THAT CERTAIN PIECE OF PARCEL of land located in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described, as follows to wit: BEGINNING at a point in the intersection of First and Wayne Streets; THENCE along Wayne Street, South 57 degrees, 26 minutes West, 190 feet to a stake; THENCE along land now or formerly of Erik G. and Constance M. Owen, husband and wife, North 32 degrees, 34 minutes West 65 feet to a stake; THENCE along the line of lot #8, Section "B", on the hereinafter mentioned Plan of Lots North 57 degrees, 26 minutes East, 190 feet to a point in First Street, South 32 degrees, 34 minutes East, 65 feet to a point, the PLACE OF BEGINNING. BEING THE EASTERN part of Lot #7, Section "B", on the Plan of Lots of Summerdale, Pa., said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 1, page 44, Revised Plan, Plan Book 2, Page 109. BEING THE SAME PROPERTY WHICH Jack G. Fry, Sr. and Vera A. Fry, his wife, granted and conveyed to Jack G. Fry, Jr. and Lori L. Fry, his wife, Mortgagors herein, by deed dated May 12, 1982 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book "T", Vol. 29, Page 790. Tax Parcel: 09-12-2995-028 Exhibit "A" ~~~W1i&llgl!.tl@Jij'Wil11I\I'~~"""';;;tI'l,~;;;;.;f<MW~'l~Jt~;~,.;&l..&-'M~'llll:Mllim~ " ~, ., ",~ " ,~- ,'C' "~" " ~, " , ,~ -~ ~. <. ~ ., ,"," -. ~, 'lli~!;l!'~' -;,'i ~. f11: 2~' ~- C-:'; c::::: -J>,. ....-- .. 0-- c-: --;,- O'l -C, ~"2. C) - , , . __.I .....) \Q L ,---- v' ~ -- 1,1. ,,~, , '"-;,,,' -', -' -~ ,- ',; '-," -..:;, '\f~ ... . '" THE FIRST NATIONAL BANK OF MARYSVILLE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs NO. 2000-08130 CIVIL JACK G. FRY, JR. LORI L. FRY MORTGAGE FORECLOSURE Defendant/s CIVIL ACTION - LAW please enter judgment in favor of Plaintiff and against Defendant/s, Jack G. Fry, Jr. and Lori L. Fry, 2 Wayne Street, Summerdale, Pennsylvania 17093 for failure to plead to the Complaint within twenty days from service thereof. I certify that the Default Notice required by Rules of Court was sent to the Defendants as shown on the copy attached hereto. Assess damages as follows: $115,963.73 together with interest at the per diem rate of $29.4218 after November 9, 2000, and all other charges and costs incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. To prothonotary January, lo ,2001 QIh~ Attorney for Plaintiff c..~~ '" .1 '''' , l ,_ . ~- ,-~ . FIRST NATIONAL BANK OF MARYSVILLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff vs. No. 2000-08130 JACK G. FRY, JR. LORI L. FRY :CIVIL ACTION :MORTGAGE FORECLOSURE Defendant/s .. IMPORTAl~T NUTICE PURSUANT TO PA. R.C.P. No. 237.1(a) (2) To: JACK G. FRY, JR. DATE OF NOTICE: December 21, 2000 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Signature Q- V1A- v~#7 Signature of Plalntiff or Attorney Address:1309 Bridqe street New Cumberland. PA 17070 Telephone No. (717) 770-0292 Supreme Court. ID NO. 07172 J' '_h " ilM-ii."l1"f . FIRST NATIONAL BANK OF MARYSVILLE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION vs. No. 2000-08130 JACK G. FRY, JR. LORI L. FRY Defendant/s :CIVIL ACTION :MORTGAGE FORECLOSURE IMPORTANt NOTICE PURSUANT TO PA. R.C,P. No. 237.1(a) (2) To: LORI L. FRY DATE OF NOTICE: December 21, 2000 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORMEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAXS FROM THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS; YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Signature y- '^^ '" \W Signature of Plaintiff or Attorney Address:1309 Bridqe street New Cumberland. PA 17070 Telephone No. (717)770-0292 Supreme Court ID NO.07172 .... l-~- -""'I'u:uillll"n '>~~$lJ;Ii;;wlt"i!i~KI~;~~:Ld;l!!'~j~"'-;k",,"l~~"~l~I'ld;,,;J-;W.li!iii<~~-~_._-..,;...."""'t~!iIIJ~ -- =,....:... *l!iilr """""""ililliT'" l' " ^' .' d ",',", t (C.J 0 ~ ft- i 8 0 (:J- (~ c: ',__I ^ B -- lJCY; '.- ........ ---.) "L,~ C\ ~ ~ 9?~;~j ~~- 0' tSl;> "'0 f'0 ~ ~ " tv ~ t s 2~:: ~~~~; -"- (-) II./' () cO "" ~ -1:>(~ r-- ,^ ~~-, ~-"")- I") -< to ~ --..( . >,- ,~'" -^ "." ""~ , , ""- ,~~, . ~_ ,_,~,',<-,~__ _. ""~ .. e~" '_' ", ~,. " ,,~- ID'j ,I I I I . , . '" .,~" ' , - l '. -~ L ~ ., _, _,e. . .. ~ -, .~; To JACK G. FRY, JR. Defendant/s You are hereby notified that on JANUARY J~, 2001, the following judgment has been entered against you in the above captioned case. DEFAULT JUDGMENT IN THE AMOUNT OF $115,963.73 TOGETHER WITH INTEREST AT THE PER DIEM RATE OF $29.4218 AFTER NOVEMBER 9, 2000, OTHER CHARGES AND COSTS INCIDENTAL THERETO TO THE DATE OF SHERIFF'S SALE AND JUDGMENT AGAINST DEFENDANT AND FOR FORECLOSURE AND SALE OF THE PROPERTY WITHIN DESCRIBED. (L~ ~ 1,:!4 Prothonotary DATE: JANUARY /J....., 2001 I hereby certify that the name and address of the proper person/s to receive this notice is; ~, JACK G. FRY, JR. 2 WAYNE STREET SUMMERDALE, PA 17093 -I"""L. . ~ ~ .1, ,L _I ~, , '-.-,,~ -'0 ",. "' .""';'';''h, . THE FIRST NATIONAL BANK OF MARYSVILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff VS No. 2000-08130 CIVIL JACK G. FRY, JR. LORI L. FRY MORTGAGE FORECLOSURE Defendant/s CIVIL ACTION - LAW To LORI L. FRY Defendant/s You are hereby notified that on JANUARY /J....., 2001, the following judgment has been entered against you in the above captioned case. DEFAULT JUDGMENT IN THE AMOUNT OF $115,963.73 TOGETHER WITH INTEREST AT THE PER DIEM RATE OF $29.4218 AFTER NOVEMBER 9, 2000, OTHER CHARGES AND COSTS INCIDENTAL THERETO TO THE DATE OF SHERIFF'S SALE AND JUDGMENT AGAINST DEFENDANT AND FOR FORECLOSURE AND SALE OF THE PROPERTY WITHIN DESCRIBED. DATE: JANUARY ~, 2001 (l,~ J? 4 Prothonotary I hereby certify that the name and address of the proper person/s to receive this notice is; ~, LORI L. FRY 2 WAYNE STREET SUMMERDALE, PA 17093 - ~" - THE FIRST NATIONAL BANK OF MARYSVILLE Plaintiff VS JACK G. FRY, JR. LORI L. FRY Defendant .-. .........."', . -.=~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No.2000-08130 CIVIL ACTION - LAW PRAECIPE TO SATISFY THE JUDGMENT o c ~ -or1J n!rrl :::2;" z,~ ::Q -~i: r:;c' ~ . J...--"'c" 6;;0 )>c :z ~ ...... = = -"'" (I? ~ I c:> -0 :; N .. N \D o ..., ~~ -otg :.0 . a. ::;:.jn, _"T; ....L-n Qa /-m ~ 'C> ~ -< Would you please satisfy the judgment against Defendants in the above captioned matter. Thank you. To Prothonotary September 2, 2004 DMJ~ Attorney for plaintiff Arthur M. Feld In #07172