HomeMy WebLinkAbout01-1997 FX
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Spear & Hoffman, PA
BY: ROBERT W. CUSICK
Attorney I.D. No. 80193
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No. : 9787243
MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY
PO BOX 840
BUFFALO, NY 14240-0840
PLA1NTIFF,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKETNO.OI- /'191
C()i(~
vs.
DONALD L. BRACKBILL AND
SUSAN I. BRACKBILL
233 PINE ROAD
MT. HOLLY SPRINGS, P A 17065
DEFENDANTS
COMPLAINT - CNIL ACTION
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you
must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and
a 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 FORTI! BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE, P A 17103
(717) 249-3166
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Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las
paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion.
Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma
escrita sus defensas 0 sus objeciones alas demandadas en contra de su persona. Sea avisado que si usted no
se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0
notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas
las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades 0 otros dereches importantes
para usted.
LLEVEESTADEMANDAA UN ABOGADO INMEDIATAMENTE, SINO TIENEABOGADO 0 SINO
TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17103
(717) 249-3166
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Spear & Hoffman, P.A.
BY: ROBERT W. CUSICK
Attorney 1.D. No. 80193
1020 North Kings Highway, Suite 210
Cherry Hill, New Jersey 08034
(856) 755-1560, Attorney for Plaintiff, Loan No. : 9787243
MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY
PO BOX 840
BUFFALO, NY 14240-0840
PLAINTIFF,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.
vs.
DONALD L. BRACKBILL AND
SUSAN 1. BRACKBILL
233 PINE ROAD
MT. HOLLY SPRINGS, PA 17065
DEFENDANTS
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY
MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY, with its principal place of business located at PO BOX 840, BUFFALO, NY 14240-
0840.
2. The names and last !mown addresses of the Defendants are: DONALD L. BRACKBILL
AND SUSAN 1. BRACKBILL, 233 PINE ROAD, MT. HOLLY SPRINGS, P A 17065.
3. The interest of each individual Defendant is as mortgagor, real owner of the real property
subject to the mortgage described below, or both.
4. On or about JUNE 27, 1991, Mortgagors made, executed and delivered a Mortgage upon the
premises hereinafter described to FARMERS TRUST COMPANY, which Mortgage is recorded as follows:
Office of the Recorder of Deeds in and for CUMBERLAND COUNTY
DATE OF MORTGAGE: JUNE 27, 1991
DATE RECORDED: JUNE 27, 1991
BOOK: 1019 PAGE: 173
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· The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A
true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by
reference.
5. On or about JUNE 27, 1991, in consideration oftheir indebtedness to FARMERS TRUST
COMPANY, DONALD L. BRACKBILL AND SUSAN 1. BRACKBILL made, executed and delivered to
FARMERS TRUST COMPANY their promissory Note in the original principal amount of $52,000.00. A
copy of said Note is attached hereto as Exhibit "B" and incorporated herein by reference. The Note is
referenced herein only insofar as the terms of the Note are incorporated into the Mortgage.
6. Plaintiff is the legal holder ofthe Mortgage by virtue of being either the original Mortgagee,
the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of
the following assignments:
ASSIGNOR: N/A
ASSIGNEE: N/A
DATE OF ASSIGNMENT:
RECORDING DATE:
BOOK: N/A
N/A
N/A
PAGE: N/A
7. The Mortgage is secured by property located at 233 PINE ROAD, MT. HOLLY SPRINGS,
P A 17065, which is more particularly d.escribed in the legal description.
8. The Mortgage is in default because the monthly installments of principal and interest and
other charges stated below, all as authorized by the Mortgage, due OCTOBER 27, 2000 and monthly
thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon
have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and
costs of collection including title search fees and reasonable attorney's fees.
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9. The following amounts are due on the Mortgage:
Principal Balance $42,033.62
9.32% interest from SEPTEMBER 27,2000 to
MARCH 8, 2001 at $10.73 per day $1,738.26
Accrued Late Charges $176.85
Escrow Advances made by Plaintiff $516.00
Other Fees $45.00
Recoverable Advances $25.50
Estimated Attorney's Fees $3,600.00
TOTAL AMOUNT DUE $48.135.23
Interest continues to accrue at the per diem rate of$10.73 for every day after MARCH 8, 2001 that
the debt remains unpaid.
10. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore,
Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. ~403 is not applicable.
II. Pursuant to the notice provisions of Act 91, 35 P.S. ~1680.403(c), notice was sent to
Defendants, dated JANUARY 26, 2001. Copies of the notices to the defendants are attached as Exhibit "C".
Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed
in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been
denied assistance from the Pennsylvania Housing Finance Agency.
12. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D".
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WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of
Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9,
together with interest, attorney's fees, and other expenses, costs 'and charges collectible under the Mortgage
and for the foreclosure and sale of the mortgaged premises.
SPEAR & HOFFMAN, PA
DATE.:3f4 0 I
a!)r
ROBERT W. CUSICK
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VERIFICATION
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The undersigned hereby states that he/she is an authorized officer, representative or agent for
Plaintiff in this action and that he/she is authorized to make this Verification on behalf of Plaintiff, and that
the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by
the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course
of business and that those facts are true and correct to the best of his /her knowledge, information and belief
THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 18 P A.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION
TO AUTHORITIES.
Date:~O\
Cifb
ROBERT W. CUSICK, ESQUIRE
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HECORUATION REQUESTED BY:
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Farmers Trust Company
One West High Street
Carlisle, PA 17013
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WHEN RECORDED MAIL TO:
Farmers Trust Company
One West High Street
Carlisle, PA 17013
'2J. JUN 2.7 fr1 3 07
SEND TAX NOTICES TO:
DonaldL, Brackbill and Susan I, Brackbill
9 East Street, Apt, 13
Mt, Holly Springs, PA 17065
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
MORTGAGE
THIS MORTGAGE IS DATED JUNE 27, 1991, between Donald L. Brackbill and Susan I. Brackbill, owner(s) In 'fee
simple, whose address is 9 East Street, Apt, 13, Mt, Holly Springs, PA 17065 (referred to below as "Grantor");
and Farmers Trust Company, whose address is One West High Street, Carlisle, PA 17013 (referred to below as
"Lender").
GRANT OF MORTGAGE, For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, conll,,"s and
mortgages to L.nder all of Grantor's right, litle, and Interest In and to the following described real properly, together with all existing or subsequentiy
erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties,
privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with ,espect thereto; all water, wate, rights, wate'courses and ditch rights (including stock in utilities with ditch 0' Irrigation rights); and all
other rights, 'oyalties, and profits relating to the ,eal properly, Including without limilallon all minerals, oil, gas, geothermal and similar maners, located
in Cumberland County, Commonwealth of Pennsylvania (the "Real Property"):
see Exhibit A township: South Middleton Township
The Real Property or its address is commonly known as 233 Pine Road, Mt. Holly Springs, PA 17065,
Grantor presently assigns to Lender all of Granto~s right, tille, and interest in and to all leases of the Properly and all Rents from the Properly. In
addition, Grantor grants to Lender a Uniform Commercial Code security Interest In the Personal Properly and Rents.
DEFINITIONS, The following words shall have the following meanings when used in this Mortgage, Terms not otherwise defined In this Mortgage shall
have the meanIngs anributed to such terms In the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of
the United Slates of America.
Grantor, The word "Grantor" means Donald L. Brackbill and Susan I. Brackbill. The Grantor is the mortgagor unde, thts Mortgege.
Guarantor, The wo,d "Guarantor" means and includes without limitation, each and all of the guarantors, sureties, and accommodation parties in
connecllon with the Indebtedness.
Improvements. The word "Improvements" means and includes without limitation all existing and future improvements, fixtUres, buildings,
structures, mobile homes affixed on the Real Property, facilities, additions and other construction on the Real Property.
Indebtec!ness. The word 'indebtedness" means all principal and interest payable unde' the Note and any amounts expended or advanced by
Lende, to discharge obligations of Grantor or expenses incurred by Lende' to enforce obligations of Grantor unde' this Mortgage, together wllh
interest on such amounts as provided in this Mortgage.
Lender. The word "Lender" means Farmers Trust COmp2!l~/. its successors and aSSigns. The Lender is the mortgagee under this Mortgage.
Mortl!8ge, The wo,d "Mortgage" means this Mortgage between Grantor and Lender, and Includes without limitation all assignments and security
interest provisions relating to the Personal Properly and Rents.
Note, The wo,d "Note' means the promissory note or credit agreement daled June 'D, 1991, in the original principal amount of
$52,000.00 from Grantor to Lender, together with all ,enewals of, extensions of, modifications of, refinancings of, conscilldations of, and
substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
Personal Properly, The ,,!o'ds "Personal Property" mean all equipment, fixtures, and other artlcles of personal properly now or hereafter owned
by G,antor, and now or hereafter allached or affixed to the Real Properly; togethe' with all accessions, parts, and additions to, all replacements of,
and all substitutions for, any of such properly; and togethe, with all proceeds (including withoutlimllation all insurance proceeds and refunds of
premiums) from any sale 0' other disposition of the Properly.
Property, The word "Properly" means collectively the Real Properly and the Personai P,operly.
Real Properly, The words "Real Property" mean the properly, interests and rights described above in the "Grant of Mortgage" secllon.
Related .Documents. The words 'Related Documents" mean and include without timitation all promissory notes, credit agreements, loan
eg,eements, guaranties, sEicurily ag,eements, mortgages, deeds of trust, and all other instruments and documents, whether now 0' hereafter
exisllng, executed In conneotion with Granto~s Indebtedness to Lender.
Rents, The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the
Property. - ---1 01 9 ,. -
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THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROl'E;RTV,IS
GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBliGATIONS OF GRANTOR 'UNDER THIS
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MORTGAGE
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PAYMENT AND PERFORMANCE, Except as otherwise provided In Ihis Mortgage, Granlor shall pay 10 Lender all amounts secured by Ihis Mortgage
as they become due, and shall strictiy perform all of Grantor's obllgatlons under this Mortgage.
POSSESSION .AND MAINTENANCE OF THE PROPERTY, Grantor agrees that Grantor's possession and use of the Properly shall be governed by the
following provisions:
Posses8Ion an.d Use. Until In default, Grantor may remain in possession and control of and operate and manage the Property and collect the
Renls from the Property.
DUty to MalntQln, Grantor shall maintain Ihe Property In tenantable condition and promptly perform all repairs, replacements, and maintenance
necessary 10 pieserve Its value.
Hazardou,s Subst;mces, The terms "hazardous waste," "hazardous substance," 'disposal," 'release: and "threatened release," as used In this
Mortgage, shali have the. same meanings as set forth In the Comprehensive Environmental Response, Compensation, and Liability Act 011980, as
ameoo.d. 42 ~.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499
("SARA"), the J:iazardous Materials Transportation Act, 49 U.S.C. Seclion 1801, et seq" the Resource Conservation and R~ Act, 49 U.S,C.
Seclfon 6901, el seq., or other appllcable state or Federal laws, rules, or regulations adopted pursuanllo any of the foregoing. Grantor represents
and warrants \0 Lender that: (a) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture,
storage, treatl1)ent, disposal, release or threatened release of any hazardous waste or substance by any person on, under, or ebout the Property.
(b) Granlor has no knowladge of, or reason 10 believe that there has been, except as preViously disclosed to and acknowiadged by Lender In
writing, (!) anli usa, generalion, manufacture, slorage, treatment, disposal, release, or threatened release 01 any hazardous waste or substance by
any prior' own~rs or occupants of the Properly or (ii) any actual or threatened litigation or claims of any kind by any person relating 10 such
matiers. (c) ~xcept as previously dlsctosed to and acknowledged by Lender in writing, (i) neither Grantor nor any tenant, contractor, agent or
olher autho~d user ~f the Property shall use, generate, manUfaclure, store, Ireat, dispose of, or release any hazardous waste or. substance on,
under, or about the Property and (Ii) any such activity shall be conducted in compliance with all applicable tederal, state, and local laws,
regulallollS and ordinances, including withoullimitation Ihose laws, regulations, and ordinances deSCribed above. Grantor authori~ Lender and
Its agenls to ~nter upon the Property 10 make such Inspections and tests es Lender may deem appropriate to determine compliance of the
Properly wllh: Ihis seclion of the Morfgage. Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be
conslrtied to "reate any responsibility or liability on the parf of Lender 10 Grantor or to any other person. The representations and warranties
contained herein are based on Granlor's due diligence in Investigating the Property lor hazardous waste. Grantor hereby (a) releases and waives
any lUIur. claims against Lender for Indemnity or contribulion in the evenl Grantor becomes Ilable for cleanup or other cosls under any such laws,
and (b) agr~sto indemnify and hold harmless Lender against any and all claims, losses, Ilabllllies, damages, penalties, and expenses which
Lender may .i:llrectly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use,
generation, n/anufacture, storage, disposal, release or threalened release occurring prior to Granlor's ownership or Intereslln the Property,
whether or not the same was or should have been known to Granlor. The provisions of this section of the Mortgage, Including the obligation to
Indemnify, s~all.survlve the payment of the Indebtedness and the satisfaction and reconveyance of the Ilen of this Morfgage and shall not be
affected by L$nde~s acquisition of any interest in the Property, whether by foreclosure or otherwise.
NUisance, W~st8. Grantor shali nol cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or wasle on or to the
Property or any portion of the Property. Speclflcally without limitalion, Grantor will not remove, or grant to any other party the rtghl to remove, any
timber, mlne!als(lncluding oil and gas), soli, gravel or rock products without the prior written consenl of Lender.
Removal 01 Improvemenls. Grantor shall not demolish or remove any Improvements from Ihe Real Property without the prior writien consent of
Lender. As 8 condilion. to the removal of any Improvemenls, Lender may require Grantor 10 make arrangements sallslaclmy 10 Lender to replace
such Improvements wllh Improvements of at leasl equal value.
lender'S RI~ht to Enler. Lender and Its agents and representatives may enter upon the Real Property at ell reasonable times to atiend to
Lender's Int~rests and to Inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage,
Compll..,ce, Wllh Governmental Requirements, Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafler In
effect, ~f all, governm~ntai authorities applicable to the use or occupancy of the Properly. Grantor may contesl in good faith any such law,
ordinance, o'r regUlation and withhold compliance during any proceeding, Including appropriate appeals, so long as Grantor has notifled Lender In
writing prior, to doing so and so long as Lender's Interests In lhe Properly are not Jeopardized. Lender may require Granlor to post adequate
securllyor ajsurety bond, reasonably salisfactory to Lender, to protect Lender's interest. .
Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do ell other acts, in addlllon 10 those acls
set forfh abqve in this section, which from the characler and use of Ihe Property are reasonably necessary 10 protecl and preserve the Prdperly.
DUE ON 5A1-E. -I CQNSENT BY LENDER, Lender may, at its opllon, declare Immediately due and payable aD sums secured by IhJs Mortgage upon the
sale or .tranSfer, without the Lende~s prior written consent, of all or any part of the Real Property, or any Interest In Ihe Real Property, A "sale or
transfer" ~~ Ihe'oonveyance of Real Property or any right, Iltle or interest lherein; whether legal or equi!allle;. whether voluniary or involuntary;
whether bY ,oUtright sale, deed, Instaliment sale contract, land contract, contract for deed, leasehold Interesl wllh a lerm grealer than three (3) years,
_opllon co1lracl, or by sal., assignment, or transfer of any beneficial inlerest in or to any land .trust holding lItIe 10 the Real Property,or by any
other method of ponveyance of Real Property Interest. If any Grantor Is a corporallon or partnership, transfar also Includes any change In ownership of
more than \Wenty-five percent (25%) of the voting slock or partnership Interests, as the case may be, of Granlor. However, this opoon shalt nol be
exercised by Lender if such exercise is prohibited by tederallaw or by Pennsylvania law.
TAXES AND L1~NS, The following provisions relating 10 the taxes and tiens on the Property are a part of this Mortgage.
Paym~nl, (Orantor shall pay when due (and in all evenls prior to delinquency) ali taxes, payroll taxes, special taxes, assessments, water charges
and sewer ,serviCe charges levied against or on accounl of the Property, and shall pay when due ali claims for work done on or lor services
rendered Of malerlal furnished to the Property. Grantor shall maintain the Property free of all liens. haVing priority over or equal to the Interest of
Lender unqer this Morigage, except for the lien of taxes and assessments not due, and except as otherwise proVided in the following peragraph.
Righi To qonlesl, Granlor may withhold payment of any tax, assessmenl, or claim in connection with a good talth dispute over Ihe Qbllgation 10
pay, Slllong as Lende~s Interest In the Property Is not Jeopardized. If a lien arises or is flied as a result of nonpayment, Grantor shell within flfteen
(15) days ~fter the lien arises or, if a lien Is flied, within flfteen (15) days "fter Grantor has notice of the flllng, securelhe dischalll8 of the lian, or If
reqU8lltedbY Lender, deposit with Lender cash or a sufficlenl corporate surety bond or other security sallsfaclmy to Lender in an amounl sufficlent
to dIsCharge the lien plus any costs and atiorneys' tees or other charges that could accrue as a resuit of a foreclosure or sale under the lien. In
any conteSt, Grantor shali defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall
namelLender as an additional obligee under any surely bond furnished in the contest prcceedings.
EVidence ,Of Payment. Grantor shall upon demand furnish 10 Lender satisfactory evidence of payment of the taxes or assessments and shali
authooze the. appropriate governmental official 10 deliver 10 Lender at any time a writien statement of the taxes and assessments against the
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Security Interest. Upon request by lender. Grantor shaU execute financing statements and take whatever other action is requested by Lender to
perfect and continue Lender's security interest in the Rents and Personal Property. in addition to recording this Mortgage in the real property
records, lender may. at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions at this
Mortgage as a financing statement. Grantor shall reimburse Lender far all expenses incurred in perfecting or continuing this security interast.
Upon default. Grantor shall assemble the Personal Property in a manner and at a place reasonably convenient to Grantor and Lender and make it
available to Lender within three (3) days after receipt af writlen demand from Lender.
Addresses. The mainng addresses of Grantor (debtor) and Lender (secured party), from which Jnformatlon concerning too S9CtJrity InterBSt
granted by this Mortgage may ba obtained (each as required by the Uniform Commercial Code), are as slated on the first page of this Mortgage.
FURTHER ASSURANCES; ATTORNEY -IN-FACT. The following provisions relallng 10 further assurances and attorney-in-Iact are a part of Ihis
Mortgage.
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor wm make, execute and deliver, or will cause to be
made, executed or delivered, to Lender or to Lander's designee, and when requested by Lender, causa to be filed, recorded, refiled, or
rerecorded, as the case may be, at such times and In such offices and places as Lender may deem appropriate, any and all such mortgages,
deeds of trust, security deeds, security agreements, financing statements, conUnuation statements, instruments of further assurance, certificates,
and other documents as may, in the sole opinion of Lender, be necessary Or desirable in order to effectuate, CQmplete, perfect. continue, or
preserve (a) the obligations of Grantor under the Note, this Mortgage. and the Related Dooumenls, and (b) the liens and security Interesls
created by this Mortgage as first and prior liens en the Property~ whether now owned or hereafter acquired by Grantor. Unless prohibited by law
or agreed to the contrary by Lender In writtng. Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters
referred to in this paragraph.
Attorney-In-Fact. If Granfor faUs to do any of the thlogs referred to in the preceding: paragraph, Lender may do so for and in the name of
Grantor and at Grantor's expense. For such purposes. Grantor hereby irrevocably appoints lender as Grantor's attorney-ln-fact for the purpose
of making, executing, delivering. filing. recording, and doing all other things as may be necessary or desirable. in lender's sole opinion, to
accomplish the matters referred to in the preceding paragraph.
FULl PERFORMANCE. If Grantor pays all the Indebtedness when due. and othenNise performs all the obligations imposed upon Grantor under thls
Mortgage. Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing
statement on file evidencing lender's security interest in the Rents and the Personal Property. Grantor will pay, Jf permitted by applicable law, any
reasonable termination fee as determined by Lender from lime to time.
DEFAILT, Each of the following, at the oplion of Lender, shali conslltufe an event of default ("Event of Default") under this Mortgage:
Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any
other payment necessary to prevent filing of or to effect discharge of any lien.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in thIs Mortgage, the Note or in any of the
Related Documents.
Breaches. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this Mortgage, the Note or the
Related Documents is, or at the time made or furrnshed was, false in any materJal respect.
Insolvency. The insolvency of Grantor, appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors,
the commencement of any proceeding under any bankruptcy or Inso(vency laws by ot against Grantor. or the dissolution or termination of
Grantor"s existence as a going business (if Grantor is a business). Except to the extent prohibited by federal law or Pennsylvania taw, the death of
Grantor ~f Grantor is an individual) also shall constitute an Event of Default under this Mortgage.
Foreclosure, etc. Commencement of foreclosure, whether by jUdicia! proceeding. self-help, repossession or any other method, by any crecfitor of
Grantor against any of the Property. However, this subsection shall not apply in the event of a good faith dispute by Grantor as to the validity or
reasonableness of the claim which is the basis of the foreclosure, provided that Grantot gives Lender written notice of such claim and furrnstles
reserves or a surety bond for the claim safisfactory to Lender.
Breach 01 Other Agreement Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied
within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obUgatton of Grantor to
Lender. whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or such Guarantor
dIes or becomes incompetent.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any lime thereafter, Lender, at its option, may ""arclse
anyone or more ollhe following rights and remedies, in addition to any other rights or remedies provided by law: .
Accelerate Indebtedness. Subject to appiicable law, Lender shail have the right at ils oproon without notice to Granlor to declare the enlire
Indebtedness immediately due and payable. '
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under
the Unfform Commercial Code.
Collect Rents, Lender shail have the right, without notice to Grantor, to lake possession of the Property and coilect the Renls, Including amounls
past due and unpaid, and apply the nel proceeds, over and above Lende~s cosls, against the Indebtedness. In furtherance 01 this right, Lender
may require any tenant or other user of the Property to make payments of rent or use fees directly to lender. If the Rents are collected by Lender.
then Grantor Irrevocably designates lender as Grantor's attorney-In-fad to endorse instruments received 1n payment thereof In the name of
Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to lender in response to Lender's demand shall
satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its
lights under this subparagraph either in person, by agen~ or through a receiver.
Appoint Receiver. Lender shall have the righl to have a receiver appointed to take possession of aU or any part oIlhe Property, with the power to
protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Properly and apply the
proceeds. over and above the cost of the receivershIp, against the Indebtedness. The receiver may serve without bond If permitted by law.
lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Properly exceeds the Indebtedness by a
substantial amount. Employment by Lender shall not disqualify a person from serving as a. receiver.
Judicial Foreclosure. Lender may obtain a judJcial decree foreclosing Grantor's interest in all or any part of the Property.
- -..- -, .....,..,..lIrinn_o_o~s_sion of the Property, Grantor hereby authorizes and empowers any attorney of
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any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons cfaiming under or through lender.
to sign an agraement for entering In any competent court an amicable action in ejectment for possession of the Property and to appear for and
confess judgment against Grantor, and against ad persons claiming under or through Grantor. for the recovery by Lender of possession of the
Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and
thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever.
Nonjudicial Sale, II permltled by appncable law, Lender may foreclose Grantor's interest in an or In any part of the Personal Properly or the Real
Property by nonjudicial sale.
DefiCIency Judgment. Lender may obtain a judgment for any defICiency remaining in the Indebtedness due to lender after applfcatlon of all
amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of lhe Property afler the Property is sold as provided above or lender otherwise
becomes entilled to possession of lhe Property upon delauil of Grantor, Grantor shail become a Ienant al sufferance of Lender or the purchaser of
the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property. or (b) vaeata the Property immediately
upon the demand of Lender.
other Remedies. Lender shaIJ have aU other rights and remedies provided In this Mortga.ge or the Note or available at law or in eqUity.
Sale of the Property. To the extenl permitted by applicable law, Grantor hereby waives any and all right to have the properly marshalled. In
exercising its rights and remedies, Lender shall be free to sell all or any part of Ihe Property logether or separately, in one sale or by separate
salas. lender shall be entitJed to bid at any pubJic sale on all or any portion of the Property~
Notice of Sale. Lender shall give Grantor reasonable noUca of fhe flme and place of any public safe of the Personal Property or of the time alter
which any private sale or other Intended disposition of the Personal Properly is to be made. Unless ofherwise required by applicable law,
reasonable notice shall mean notice given at least ten (10) days before the time of the sale or cllsposltion.'
Waiver; Election ot Remedies. A waIver by any party of a breach of a provision of this Mortgage shall not constitute a waiver of or prejudice the
partY's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any r~medy shall not
exclude pursuit of any other remedy, and an election to make expenditures or take action to perform an obligation of Grantor under thIs Mortgage
after failure of Grantor to perform shall not affect Lender's right to declare a default and exercise its remedies under this Mortgage.
Attorneys' Fees; Expenses. If Lender lost/tutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover
such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action is involved, all
reasonable expenses Incurred by Lender that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of
its rights shall become a part of the Indebtedness payable on demand and shall bear inlerest from the date of expenditure until repaid at the Note
rate. Expenses covered by this paragraph Include, without limitation. however subject to any limits under applicable Jaw. Lender's attorneys' fees
and legal expenses whether or not there is a lawsuit, including aUorneys' fees for bankruptcy proceedings (including efforts to modify or vacate
any automatic stay or injunction). appeals and any anticipated post-judgment collection services. the cost of searching records, obtaining tilte
reports (Including foreclosure reports), surveyors' reports, and appraisal fees, and title insurance, to the extent permitted by applicable law.
Grantor also will pay any court costs, in addition to all other sums prOVided by law.
NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law, any nolice under this Mortgage shall be in wrillng and
shall be effective When actually delivered or, if mailed, shall be deemed effectiVe when deposited in the Unlled States mail first class, registered mail,
postage prepaid, directed to the addresses shawn near the beginning af this Mortgage. Any party may change its address far notices under thIs
Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party"s address. All copies of
notices at foreclosure rrom the holder of any lien which has priority over fhis Mortgage shall be sent to Lender's address, as shown near the beginning
of this Mortgage. For notIce purposes, Grantor agrees to keep lender informed at all limes of Grantor's current address.
MISCEU.ANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the
matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and sIgned by the
party or parties sought to be charged or bound by the alteration or amendment.
Applicable Law. This Mortgage has been delivered to Lender and accepted by Lender in the Commonwealth of PennsylvanIa, This
Mortgage shan be governed by and construed in accordance with the laws ollhe Commonwealth of Pennsylvania.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the
provisions of this Mortgage.
Merger...- There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Properly at any time
held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Multiple Parties. All obligations of Grantor under this Mortgage shall be joint and several, and an references to Grantor shall mean each and
every Grantor. ThIs means that each of the persons signing below Is responsible for all obligations in thIs Mortgage.
Severability. 1f a court of competent jurisdiction finds any provision of this Mortgage to be invalid or unenforceable as to any person or
, circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such
offending provision shall be deemed to be modified to be within the limns of enforceability or validity; however, if the offending proVision cannot be
so modified. it shall be stricken and aU other provisions of this Mortgage in all other respects shall remain valid and enforceable.
Successors and Assigns. Subject to the limitations stated In this Mortgage on transfer of Grantors interest, this Mortgage shalt be binding upon
and inure to the benefit of the parties, their heirs, personal representatives, successors and asslgns. If ownership of the Property becomes vested
in a person other than Grantor, Lender, without noUce to Grantor, may deal with Grantor's successors with reference to this Mortgage and the
Indebtedness by way of forbearance or extension without releasing Grantor from the obligaUons of this Mortgage or liability under the
Indebledness.
Time 18 of the Essence. TIme is of .the essence in the performance of this Mortgage.
Walvers and Consents- Lender shall not be deemed to have waived any rights under this Mortgage (or under the Related Documents) unless
such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in ex~rcisin9 an.y right shall c?p8.rate as a WCt;iV8: of
such right or any other right. A waiver by any party of a provision of this Mortgage shall not conslltute a waIVe( of or prejudice Ihe party s nght
othetwlse to demand strict compliance with that provision or any other provision. No prior waiver by Lender. nor any course of dealing between
lender and Grantor, shall constitute a waiver of any of Lender's rights or any of Grantor's obllgations as to any future transacUon~ Whenever
CDJ1S9JJt by lender is required in this Mortgage, the granting of such consent by Lender in any instance shall not constitule continuing consent to
subsequent instances where such consent Is required.
-".- - '- - -' "- n.1.. ..~...rt..,!:lO:P !:Inri hv t"is reference is made a part of this Mortga,se lust as \1 a\\ ~ ~r()\lislons.
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terms and conditions of the Exhibit had been fully set forth in this Mortgage.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS
TERMS.
GRANTOR:
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Donald L, Brackbill .............. .......
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Susan \, Brackbill - ........._, .....
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CERTIFICATE OF RESIDENCE
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I hereby certify, that the precise address of the mortgagee. Farmers Trust Company, herein is as follows:
One West High Street, Carlisle, PA 17013
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....,<"Attomoy Agent for Mortgagao
INDIVIDUAL ACKNOWLEDGMENT
STATEOF Pennsylvania I
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COUNTY OF Cumberland \~\\~~~UH:~:~~
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On this day belore me, the undersigned Notary Public, personally appeared Donald L. Brackbill and Susan I. Brackb.W,IO ~wwn'l<l.i5''k!''!>
individuals described in and who execuled the Mortgage, and acknowledged thallhey signed the Mortgage as their free iihd vfimiWY.'aI:l:lI~'~~
for the uses and purposes therein mentioned. :; : "J>l ~~ ?o:, -j:.. ~
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for t ; Stale of ~. ",."e"c_ """'.'" "'. ,':u7"~~;Cj)\!ijin\ o'l9XP1res ",,"" ~~ ~: ,I;;. ,}'C...:
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LASER PRO (tm) V<<. 3.13<1 (C) 1991 OFI Bankers Service Group, Inc. All rights reserved. [PA-G20 F3.13 P3.13 BRACKDL.LN]
BOOK 1019 PACE 178
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EXHIBIT A
Donald L, BraCkbill
Susan I. BrackbiU
9 East Street, Apt. 13
Mt, Holly Springs, PA 17C65
Lender: Fanners Trust COmpany
Main Offlce
One West High Street
Carlisle, PA 17C13
This Exhibit A is aUached to and by this refere I d rt
connection with a loan or other financial accom~:~o~: :e~~n ~~r-:n~~ ~~~:t ~o~~:;~~O~~::i ~~=~~~ ;;;; ='0 a::~=~~ In
ALL THAT CERTAIN tract or parcel of land situate in the
Township of South Middleton, County of Cumberland and
State of Pennsylvania, more particularly bounded and
described as follOWS, to witt
BEGINNING at a point in the Pine Road (L.R. 21008) at the
line of lands now or formerly of Clarence A. Bricker and
Janet K. Bricker 1 thence along said latter lands and
passing through an iron pin 16.23 feet from said
beginning point, South 21 degrees 51 minutes 20 seconds
East 199.07 feet to an iron pin at lands now or formerly
of Lester E. Dum; thence along said latter lands South 68
degrees 2.2 minutes West 88.37 feet to a concrete monument
at lands now or formerly of the said Lester E. D~;
thence along said latter lands North 18 degrees 03
minutes West 175.30 feet, passing through an iron ptn
21.51 feet from the end of said line, to a point in said
Pine Roadl thence in said Pine Road, North 51 degrees 04
minutes East 81.36 feet to a point, the place of
BEGINNING. CONTAINING .355 acres and being described
according to a survey of Thomas A. Neff, Registered
Surveyor, dated August 18, 1966, a copy of which is
attached hereto.
HAVING thereon erected a one-story brick dwelling house.
BEING the same premises which Maurice Stewart Wood, Widower, by his.
attorney-in-fact, Jcy W. Barrett, granted and conveyed to Donald L.
Brackbill and Susan I. Brackbill, his wife, Borrowers herein.
THIS EXHiBIT A IS EXECUTED ON JUNE 27,1991.
BORROWER:
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LENDER:
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LASER PRO '1m) Vet'. 3. 13a (e) 1991 CFI Bankers Service Group, Inc. All rights re~erved. (PA-G60 r~. 13 P3.13 BAACKDL.LN]
BOOK 1019 PA.GE 173
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PROMISSORY NOTE
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Borrower: Donald L. Brackbill
Susan I, Brackbill
9 Easl SlTeel, Api. 13
MI, Holly Springs, PA 17065
Lender: Fanners Trusl Company
Main Office
One West High SlTeel
Ca~lsle, PA 17013
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Principal Amount: $52,000.00 Date of Note: June 27,1991
PROMISE TO PAY. I promise to pay 10 Farmers Trusl Company ("l.ender"), or order, In lawlul money ollhe United Slales of Amerlca,lhe
p~lIcipal amounl Of FIfty Two Thousand & 00/100 Dollars ($52,000.00), logelher wllh inleresl on the unpsld principal balance from June 27,
1991, unlll paid In lull. The Interest rate will nOllncrease above 15.000%.
PAYMENT. SubJect to any paymenl changes resulllng from changes In the Index, I will pay Ihls loan In accordance with the follOWing payment
schedule:
36 consecullve monthly payments 01 $436.39 each, beginning JUly 27,1991, with Interest calculated on Ihe unpaid principal
balances al an Interesl rate of 9.000% per annum; 263 consecuflve monlhly payments of $441.36 each, beginning July 'Zl,
1994, with Interest calculated on the unpaid principal balances at an Interest rate of 3.500 percentage points over the Index
described below; and 1 payment of $436.52 on June 27, 201S, wllh (nrerest calculated on the unpard principal balances at an
Interest rate of 3.500 percentage pOints over the Index described below. This estimated final payment Is based on the
/JSSUmption that all paymenls will be made exaclly as scheduled; the actual final paymenl will be for all principal and
lICCrued Interest not yel paid, together wilh any olher unpaid amounts under this Note, .
Interest on this Note Is computed on a 30/360 simple interest basIs; that is, with the exception of odd days In the first payment pariod, monthly Intarest
is calculated by applying the ratio of the annual Interest rate over a year of 360 days, times the outstanding principal balance. times a month of 30 days.
Interest for the odd days is calculated on the basis of the actual days to the next full month and a 360-day year. I wffi pay Lender at Lender's address
shown above or at such other place as Lender may designate In writing. Unless otherwise agreed or required by applicable law, payments will be
applfed first to accrued unpaid Interest, then fo principal. and any remaining amount fa any unpaid collection costs and fate charges.
V ARIASLE INTEREST RATE. The inlerest rate on this Note Is subject to change from lime to time based on changes in an index which Is the Monthly
average of weekly average auction rates on United States Treasury Bills with a maturity of six months. (the "IndeX"). Your interest rate will not increase
or decrease if a change in the index is less than one-quarter percenfage point on any change date. lender will tell me the current IndeX rate upon my
request. I understand that Lender may make loans based on other rates as well. The Interest rate change will not occur more often than each year.
The Index currently Is 5.650% per annum. The Interest rate or rales to be applied 10 the unpaid principal ballJllCe of this Note will be the rare
or rates set forth above In the "Payment" section. Subject to any specific Note provisions to the contrary, any variable Interest rate tied to the
Index will be calCUlated as of, and will begIn on, Ihe commencement date Indlcaled for the applicable paymenl .stream. NotwithstandIng Ihe
foregoing, Ihe variable interest rate or rates prOVIded for In thIs Note will be subject 10 the follOWing maximum rale, NOTICE: Under no
circumstances will the interest rate on this Note be more than the Jesser of 15.000% per annum or the maximum rate allowed by applicable law.
Notwlthstanc:fil"lg the above provisions, the maximum increase or decrease in the interest rate at anyone time on this loan will not exceed 2.000
percentage points. Unless waived by Lender, any Jncrease In the interest rate wID Increase the amounts of my payments.
PREPAYMENT. (agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund
upon ear1y payment (whelher voluntary or as a result of defaUlt), except as otherwise required by law. Except for the foregoing, I may pay without
penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my
obligation to continue to make paymenfs under the payment schedule. Rather, they will reduce the principal balance due and may result in my making
fewer payments.
LATE CHARGE. If a payment is 15 days or more late, 1 will be charged 5.000% of the regularly scheduled payment.
DEFAILT, I will be in defaull if any of the following happens: (a) I fail 10 make any paymenl When due. (1:>) I break any promise i have made 10
Lender, or 1 fail to perform promptly at the time and strictly in the manner provided in this Note or any agreement related to this Note. or In any other
agreement or loan I have wIth Lender. (0) Any representation or statement made or furnished to Lender by ma or on my behalf is false or misleading in
any material respect. (d) I die or become insolvent, a receiver is appointed for any pa~ of my properly, I make an assignment for the benefit of
creditors, or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. (a) Any creditor tries to fake any of
my property on or in which Lender has a lien or security interest. This includes a garnishment of any of my accounts with lender. (f) Any of the
events described in this default secffon occurs with respect to any guarantor of this Note.
LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest Immediately
due, without notice, and then I will pay that amount. Lender may hire or pay someone else to help collect this Note if I do not pay. I also wlll pay
Lender that amount. ThIs Includes, subject to any limits under applicable law, Lender's ailorneys' fees and legai expenses whether or not there is a
lawsuit. Including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts 10 modify or vacate any automatlc stay or injunction),
appeals, and any anticipated post-judgment collection services. If not prohibited by appllcable law, I also wm pay any court costs, in addition to all
other sums provided by law. If judgment is entered in connection with thIs Note. Interest will continue to accrue on this Note after judgment at the
Interest rate applicable to this Note af the lime Judgment is enlered. ThiS Note has been delivered 10 l.ender and accepled by l.ender In the
Commonwealth 01 Pennsylvania. II there Is a lawsulI, I agree upon Lender's request to submit 10 the lurisdlcllon 01 the courts of Cumbe~and
County, the Commonwealth of Pennsylvania. This Note shail be governed by and construed In accordance wllh the laws 01 the
Commonwealth of PennsylvanIa.
RIGHT OF SETOFF. I grant to lender a contractual possessory security inferest In, and hereby assign. convey, deiiver, pledge. a.nd transfer to Lander
all my right, title and interest In and to, my accounts with Lender (whether checking, savings, or some other accounl), including without nmltatlon all
accounts held jointly with someone else and all accounts I may open in the futural excluding hDwever all IRA, Keogh, and trust accounts. J authori2e
Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts.
COI.LATERAl. This Nole is secured by a Mo~gage daled June 27, 1991, to Lender on real properly localed in Cumberland County, Commonweallh
of Pennsylvania, aQ the terms and conditions of which are hereby Incorporated and made a part of thIs Nola.
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GENERAL PROVISIONS. Lender may delay or Jorgo enforcing any oJ its rights or remedies undar this Note withoul losing them. J and any other
person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of
dishonor. Upon any change in the terms of this Note, and urness otherwise expressly stated in writing, no party who signs this Note, whether as maker,
guarantor, accommodation maker or endorser, shall be released from liabi11ty. All such parties agree that Lender may renew, extend (repeatedly and
for any length of time) or modify this loan, or release any party or guarantor; or Impair, fail to realize upon or perfect Lender's security interest in the
collateral; and take any other action deemed necessary by Lender without the consent of or notlce to anyone. The obligations under this Note are joint
and several. This means that the words "I", "me", and "my" mean each and all of the persons signing below. If any portion of this Note Is for any
reason determined 10 be unenforceable, it will not affect the enforceability of any other provisions of Ihis Noto.
PRIOR TO SIGNING THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INa.UOING THE
VARIABLE INTEREST RATE PROVISIONS. I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE AND ACKNOWLEDGE RECEIPT OF A
COMPLETED COpy OF THE NOTE.
~~/
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Variable Rate. Irregular.
l.ASER PRO (tm) Ver. 3.132 (c) 1 S91 OFI Bankers Service Group, Inc. All rights reserved. [PA-D20 F3.13 P3.13 BRACKOL.LN)
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rlM&rMortgage Corporation
A SUBSIDIARY OF __BANK' Over 140 rears of Experience Behind Us
January 26, 2001
"~':'O.'"
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1-800-724-1633
Susan I Brackbill
233 Pine Rd
Mt Holly Springs PA 17065
Property Address:
Donald L Brackbill
Susan I Brackbill
233 pine Rd
Mt Holly Springs PA 17065
978724-3
M&T Mortgage Corporation
RE: Homeowner's Name(s):
Loan Acct, No, :
Curent Lender/ Servicer:
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: ELIGIBILE
FOR EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS,AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled
to a temporary stay of foreclosure on your mortgage for thirty (30)
days form the date of this Notice. During this 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 Db 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 agenices listed at the end of this notice,
the lender may NOT take action against you for thirty (30) days
after the date of this meeting. The names, addresses and telephone
numbers of designated consumer credit counseling agencies for the
country in wh~ch the property is located are set forth at the end
of this Notice, It is only necessary to schedule one face-to-face
meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default
for the reasons set forth later in this Notice (see following pages
for specific information about the nature of your default,) If you
have tried and are unable to resolve this problem with the lender,
M&T Mortgage Corporation . Correspondence. P.O. Box 840, Buffalo, New York 14240-0840
M&T Mortgage Corporation. Payments. P.O. Box 444, Buffalo, New York 14240-0444
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A SUBSIDIARY OF M&fBANK. Over 140 Years of Experience Behind Us
you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so,
you must fill out, sign and file a completed Homeowner's Emergency
Assistance Program Application with one of the designated consumer
credit counseling agencies listed at the end of this Notice,
Only consumer credit counseling agencies have applications for
the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency, Your
application MUST be filed or postmarked within thirty (30) days
of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION POMPTLY, 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 (60) days to make a decision after it
receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by
the Pennsylvania Housing Finance Agency of its decision on your
application,
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency
Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) .
NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on
your property located at: 233 pine Rd
Mt Holly Springs PA 17065
is SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
Regular monthly payments of $ 424,93 for the months of
10-27-00 through today's date.
Other charges: Accrued late charges:$ 155,60
Accrued other fees: $ 15,00
TOTAL AMOUNT PAST DUE: $
1445,39
CL 953
M&T Mortgage Corporation . Correspondence . P.O. Box 840, Buffalo, New York 14240-0840
M&T Mortgage Corporation . Payments. P.O. Box 444, Buffalo, New York 14240-0444
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A SUBSIDIARY OF M&rBANK' Over 140 Years of Experience Behind Us
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 $ 1445.39, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY (30) DAY PERIOD, Payments must be made by cash, cashier's
check, certified check or money order made payable and sent to:
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M&T Mortgage Corporation
One Fountain Plaza/7th Floor
Attn: Payment Processing
Buffalo, NY 14203
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 of the date of this Notice, the lender
intends to exercise its rights to accelerate the mortgage debt,
considered due immediately and you may lose the chance to pay the
mortgage in monthly installments, If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action
to foreclosure upon your mortgaged property,
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will
be sold by the Sheriff to payoff the mortgage debt. If the
lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against
you, you will still be required to pay the reasonable attorney's
fees that were actually incurred, up to $50,00. However, if legal
proceedings are started against you, you will have to pay all
reasonable attorney's fees actually incurred by the lender even
if they exceed $50.00. Any attorney's fees will be added to the
amount you owe the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY (30) DAY period,
you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue your personally
.for the unpaid principal balance and all other sums due under
the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have
not cured the default within the THIRTY (30) DAY period and
foreclosure proceedings have begun, you still have. the right to
cure the default and prevent the sale at any time up to one hour
before the Sheriff's Sale, You may do so by paying the total
amount then past due, plus any,late or other charges then due,
reasonable attorney's fees and costs connected with the foreclosure
sale and other costs connected with the Sheriff's Sale as specified
in writing by the lender and by performing any other requirements
under the mortgage, Curing your default in the manner set forth in
this notice will restore your mortgage to the same position as if
you had never defaulted,
M&T Mortgage Corporation . Correspondence . P.O. Box 840, Buffalo, New York 14240-0840
M&T Mortgage Corporation. Payments. P.O. Box 444, Buffalo, New York 14240-0444
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A SUBSIDIARY OF M<!rBANK' Over 140 reaTS of Experience Behind Us
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 10 months from the date of
this Notice, A notice of the actual date of the Sheriff's Sale
will be sent to you before the sale, Of course, the amount
needed to cure the default will increase the longer you wait, You
may find out at any time exactly what the required payment or
action will be contacting the lender,
1-800-724-1633
HOW TO CONTACT THE LENDER:
phone Number:
M&T Mortgage Corporation
P,O, Box 840
Buffalo, NY 14240
800-724-1633
Name of Lender:
Address:
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheiff'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 time,
ASSUMPTION OF MORTGAGE -- You mayor XX may not
sell or transfer your home to a buyer or transferee who will assume
the mortgage debt, provided that all the outstanding payments,
charges and attorney's fees and costs are paid prior to or at the
sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO
PAY OFF THIS DEBT,
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN T~EE 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,
Sincerely,
CL 955
Russell Alessi
Ene: 888
M&T Mortgage Corporation . Correspondence. P.O. Box 840, Buffalo, New York 14240-0840
M&T Mortgage Corporation . Payments . P.O. Box 444, Buffalo, New York 14240-0444
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APPENDIX A
Date: JANUARY 26, 2001
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose, Specific infonnation about the nature of the default is provided in the
attached pa~es,
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able
to help to save your home, This Notice explains how the program works,
To see ifHEMAP can help, 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 Counseling Agency,
The name, address and phone number of Consumer Credit CounseIin~ A~encies servin~
your County are listed at the end of this Notice, If you have any questions, you may call the
Pennsylvania Housin~ Finance Agency toll free at 1-800-342-2397. (persons with impaired
hearin~ can call (717) 780-1869).
This Notice contains important legal infonnation, If you have any questions;
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be
able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
lNMEDITAMENT LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES
SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
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A SUBSIDIARY OF M&I'BANK' o.er 140 Yea,.,. of Experience Behind Us
January 26, 2001
1-800-724-1633
Donald L Brackbill
233 pine Rd
Mt Holly Springs PA 17065
Property Address:
Donald L Brackbill
Susan I Brackbill
233 Pine Rd
Mt Holly Springs PA 17065
978724-3
M&T Mortgage Corporation
RE: Homeowner's Name(s):
Loan Acct, No. :
Curent Lender/ Servicer:
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 ELIGIBILE
FOR EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS,AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY,
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled
to a temporary stay of foreclosure on your mortgage for thirty (30)
days form the date of this Notice. During this 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 agenices listed at the end of this notice,
the lender may NOT take action against you for thirty (30) days
after the date of this meeting. The names, addresses and telephone
numbers of designated consumer credit counseling agencies for the
country in which the property is located are set forth at the end
of this Notice, It is only necessary to schedule one face-to-face
meeting. Advise your lender immediately of your intentions,
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default
for the reasons set forth later in this Notice (see following pages
for specific information about the nature of your default,) If you
have tried and are unable to resolve this problem with the lender,
. M&T Mortgage Corporation . Correspondence . P.O. Box 840, Buffalo, New York 14240-0840
M&T Mortgage Corporation . Payments. PO. Box 444, Buffalo, New York 14240-0444
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A SUBSIDIARY OF M6BANK' O.er 140 Years of Experience Behind Us
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,
1-800-724-1633
YOU MUST FILE YOUR APPLICATION POMPTLY, 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 (60) days to make a decision after it
receives your application. During that time, no foreclosure
proceedings will be pursued against you if you have met the time
requirements set forth above, You will be notified directly by
the Pennsylvania Housing Finance Agency of its decision on your
application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency
Mortgage Assistance,)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) .
NATURE OF THEDEFAULT-- The MORTGAGE debt held by the above lender on
your property located at: 233 Pine Rd
Mt Holly Springs PA 17065
is SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
Regular monthly payments of $ 424.93 for the months of
10-27-00 through today's date.
Other charges: Accrued late charges:$ 155.60
Accrued other fees: $ 15.00
TOTAL AMOUNT PAST DUE: $
1445.39
CL 951
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M&T Mortgage Corporation . Correspondence. P.O. Box 840, Buffalo, New York 14240-0840
M&T Mortgage Corporation . Payments. P.O. Box 444, Buffalo, New York 14240-0444
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A SUBSIDIARY OF M&rBANK' Over 140 Years of Experience Behind Us
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 $ 1445,39, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY (30) DAY PERIOD. Payments must be made by cash, cashier's
check, certified check or money order made payable and sent to:
1-800-724-1633
M&T Mortgage Corporation
One Fountain Plaza/7th Floor
Attn: Payment Processing
Buffalo, NY 14203
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 of the date of this Notice, the lender
intends to exercise its rights to accelerate the mortgage debt,
considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action
to foreclosure upon your mortgaged property,
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will
be sold by the Sheriff to payoff the mortgage debt. If the
lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against
you, you will still be required to pay the reasonable attorney's
fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all
reasonable attorney's fees actually incurred by the lender even
if they exceed $50.00, Any attorney's fees will be added to the
amount you owe the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY (30) DAY period,
you will not be required to pay attorney's fees,
OTHER LENDER REMEDIES -- The lender may also sue your personally
for the unpaid principal balance and all other sums due under
the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have
not cured the default within the THIRTY (30) DAY period and
foreclosure proceedings have begun, you still have the right to
cure the default and prevent the sale at any time up to one hour
before the Sheriff's Sale, You may do so by paying the total
amount then past due, plus any late or other charges then due,
reasonable attorney's fees and costs connected with the foreclosure
sale and other costs connected with the Sheriff's Sale as specified
in writing by the lender and by performing any other requirements
under the mortgage. Curing your default in the manner set forth in
this notice will restore your mortgage to the same position as if
you had never defaulted,
""$!l'..._~
M&T Mortgage Corporation . Correspondence. P.O. Box 840, Buffalo. New York 14240-0840
M&T Mortgage Corporation. Payments' P.O. Box 444, Buffalo, New York 14240-0444
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A SUBSIDIARY OF M&l'BANK' Over 140 Years of Experience Behind Us
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 10 months from the date of
this Notice, A notice of the actual date of the Sheriff's Sale
will be sent to you before the sale, Of course, the amount
needed to cure the default will increase the longer you wait, You
may find out at any time exactly what the required payment or
action will be contacting the lender.
1-800-724-1633
HOW TO CONTACT THE LENDER:
Name of Lender: M&T Mortgage Corporation
Address: P.O, Box 840
Buffalo, NY 14240
Phone Number: 800-724-1633
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheiff'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 time,
ASSUMPTION OF MORTGAGE -- You mayor XX may not
sell or transfer your home to a buyer or transferee who will assume
the mortgage debt, provided that all the outstanding payments,
charges and attorney's fees and costs are paid prior to or at the
sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO
PAY OFF THIS DEBT,
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES
IN ANY CALENDAR YEAR,)
*
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
*
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER,
*
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW,
Sincerely,
CL 955
Russell Alessi
Ene: 888
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M&T Mortgage Corporation . Correspondence. P.O. Box 840. Buffalo, New York 14240-0840
M&T Mortgage Corporation. Payments. PO. Box 444, Buffalo. New York 14240-0444
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APPENDIX A
Date: JANUARY 26, 2001
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose, Specific information about the nature of the default is provided in the
attached pages,
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able
to help to save your home, This Notice explains how the program works.
To see ifHEMAP can help, 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 Counseling Agency,
The name, address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice, If you have any questions, you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397, (persons with impaired
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 IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDlTAl\tlENT LLAMANDO ESTA AGENCIA (pENNSYL VANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU
HIPOTECA.
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NOTICE REQUIRED 13Y THE FAIR DEBT COLLECTION
PRACTICES ACT. (the Act) 15 D.S.C. SECTION 1601 AS AMENDED
1. This law firm may be deemed a "debt collector" under the Fair Debt Collection
Practices Act. Any and all information obtained during the prosecution of this lawsuit may be
used for the purpose of collecting the debt.
2. The amount of the debt is stated in paragraph 9 of the Complaint.
3. The Plaintiff as named in the Complaint is the creditor to whom the debt is
owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned
attorney represents the interests of the Plaintiff.
4. The debt described'in the Complaint, evidenced by the copy of the mortgage
note attached hereto, will be assumed to be valid by the creditor's law firm unless the debtor,
within thirty (30) days after the receipt of this notice, disputes in writing the validity of the
debt or some portion thereof.
5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of
the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm
will obtain a verification of the debt and a copy of the verification will be mailed to the debtor
by the creditor's law firm.
6. If the creditor named as Plaintiff in the Complaint is not the original creditor,
and if the debtor makes a written request to the creditor's law firm within the thirty (30) days
from the receipt of this notice, the name and address of the original creditor will be mailed to
the debtor by the creditor's law firm.
7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North
Kings Highway, Suite 210, Cherry Hill, NJ 08034.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01997 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS & TRADERS TRUST
VS
BRACKBILL DONALD L ET AL
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
BRACKBILL DONALD L
the
DEFENDANT
, at 0017:49 HOURS, on the 10th day of April
2001
at 233 PINE ROAD
MT HOLLY SPRINGS, PA 17065
by handing to
DONALD L. BRACKBILL
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTI CE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.72
,00
10.00
.00
31.72
So ;;~~
R. Thomas Kline
me this
day of
04/11/2001
SPEAR & HOFFMAN
BY'~~
D ty Sher' f
Sworn and Subscribed to before
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01997 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS & TRADERS TRUST
VS
BRACKBILL DONALD L ET AL
CPL TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
BRACKBILL SUSAN I
the
DEFENDANT
at 0017:49 HOURS, on the 10th day of April
, 2001
at 233 PINE ROAD
MT HOLLY SPRINGS, PA 17065
by handing to
DONALD L. BRACKBILL (HUSBAND)
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So ;;~~
R. Thomas Kline
04/11/2001
SPEAR & HOFFMAN
-------
Sworn and Subscribed to before By:
me this J.Crit:- day of
A.D.
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SPEAR & HOFFMAN, P.A.
t BY: BONNIE DAHL, ESQUIRE
ATTORNEY LD. NO. 79294
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FORPLAINTWF
LOAN# 9787243
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY
PO BOX 840
BUFFALO, NY 14240-0840
PLAINTWF,
vs.
DONALD L. BRACKBILL AND
SUSAN L BRACKBILL
233 PINE ROAD
MT. HOLLY SPRINGS, P A 17065
DEFENDANTS
PRAECIPE FOR JUDGMENT FOR FAILURE
TO ANSWER AND ASSESSMENT OF DAMAGES
DOCKET 01-1997CIVIL TERM
TO THE PROTHONOTARY:
Enter Judgment IN REM in the amount of$49,lll.57 in favor of the Plaintiff and against the
defendant(s), jointly and severally, for failure to file an answer to Plaintiff s Complaint in Mortgage
Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated
as stated in the Complaint:
Principal of mortgage debt due and unpaid
Interest at 9.32% from SEPTEMBER 27, 2000
to JUNE 7, 2001 (253 days @ $10.73 per diem)
Accrued Late charges
Escrow Advances made by Plaintiff
Other Fees
Recoverable Advances
Attorneys Fees
TOTAL AMOUNT DUE
$42,033.62
A ,(laMf
BONNIE DAHL, ESQUIRE
Attorney for Plaintiff
$2,714.69
$176.85
$516.00
$45.00
$25.50
$3,600.00
$49,111.57
AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and
damages are assessed as above in the sum of$49,ll1.57 ~
~~/ii::o~ k ff
PRO PROTHY
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SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 NORTH KINGS HIGHWAY
SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
FAX (856) 755-1570
ATTORNEY FOR PLAINTIFF
MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY
PLAINTIFF,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-1997
vs.
DONALD L. BRACKBILL AND
SUSAN 1. BRACKBILL
DEFENDANTS
CERTIFICATION OF
MAILING NOTICE PURSUANT
TO RULE 237.1
The undersigned hereby certifies that a Written Notice of Intention to file a Praecipe for the Entry
of Default Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the
default occurred and at least ten (10) days prior to the date of the filing of the Praecipe for the Entry of
Judgment. A true and correct copy of each Notice is attached hereto, sent as stated.
SPEAR & HOFFMAN, P.A.
rWj~1
BY:
~y~
BONNIE DAHL, ESQUIRE
Attorney for Plaintiff
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SPEAR AND HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY !.D. NO. 79294
1020 NORTH KINGS mGHW A Y
SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
FAX (856) 755-1570
ATTORNEY FOR PLAlNTIFF, LOAN NO. : 9787243
MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY
PLAINTIFF,
VS.
DONALD L. BRACKBILL AND
SUSAN 1. BRACKBILL
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.01-1997
NOTICE
To: DONALD L. BRACKBILL
233 PINE ROAD
MT . HOLLY SPRINGS, P A 17065
Date of Notice: ~
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOUHA VE FAILED TO TAKE ACTION REQUIRED OF
YOU IN THIS CASE. UNLESS YOU ACT WITHIN TENDA YS FROM THE DATE OF 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 TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17103 () j /7
(717)249-3166 ~ y~
"
BONNIE DAHL, ESQUIRE
Attorney for Plaintiff
TillS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT
COLLECTION PRACTICES ACT, ANY AND ALL INFORMATION OBTAINED DURING THE
PROSECUTION OF TillS LA WSffiT MAY BE USED FOR THE PURPOSE OF COLLECTING
THE DEBT,
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SPEAR AND HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY !.D. NO. 79294
1020 NORTH KINGS illGHW A Y, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
FAX (856) 755-1570
ATTORNEY FOR PLAINTIFF, LOAN NO. : 9787243
MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY
PLAINTIFF,
vs.
DONALD 1. BRACKBILL AND
SUSAN 1. BRACKBILL
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.01-1997
NOTICE
To: SUSAN 1. BRACKBILL
233 PINE ROAD
MT. HOLLY SPRINGS, PA 17065
Date of Notice: ~
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOUHA VE FAILED TO TAKE ACTION REQUIRED OF
YOU IN TillS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARlNG 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 TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17103
(717)249-316~ p~
Ifc>NNIE DAHL, ESQUIRE
Attorney for Plaintiff
TillS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT
COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE
PROSECUTION OF TillS LAWSUIT MAY BE USED FOR THE PlURPOSE OF COLLECTING
THE DEBT.
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BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
. 1020N.KlNGSillGHWAY,SUITE210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FINANClAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY
PLAINTIFF,
COURT OF COMMON PLEAS
CIVIL DMSION
CUMBERLAND COUNTY
NO. 01-1997CIVIL TERM
vs.
DONALD 1.. BRACKBILL AND
SUSAN 1. BRACKBILL
DEFENDANT(S)
CERTIFICATION OF ADDRESS
I hereby certify that the correct address of the judgment creditor (Plaintiff) is:
MANUFACTURES & TRADERS TRUST COMPANY
SUCCESSOR BY MERGER FROM KEYSTONE
FINANClAL BANK, N.A., SUCCESSOR IN INTEREST
TO FARMERS TRUST COMPANY
PO BOX 840
BUFFALO, NY 14240-0840
and that the last lmown addressees) of the judgment debtor (Defendant (s)) is (are):
DONALD 1.. BRACKBILL AND SUSAN 1. BRACKBILL
233 PINE ROAD
MT. HOLLY SPRINGS, P A 17065
BY:
SPEAR & HOFAM
/Jv-> ,
,
BONNIE DAHL, ESQUIRE
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. SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY 1.D. NO. 79294
1020N. KINGS IDGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FORPLAThITWF
MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FlNANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY
PLAThITWF,
COURT OF COMMON PLEAS
CNIL DMSION
CUMBERLAND COUNTY
NO. 01-l997CNIL TERM
vs.
DONALD L. BRACKBILL AND
SUSAN 1. BRACKBILL
DEFENDANT(S)
CERTIFICATE OF SERVICE
We, Spear and Hoffman, P .A., Attorney for the Plaintiff, hereby certifY that we have served by
first class mail, postage prepaid, true and correct copies of the attached papers upon the following
person( s) or their attorney of record:
DONALD L. BRACKBILL AND SUSAN 1. BRACKBILL
233 PINE ROAD
MT. HOLLY SPRINGS, P A 17065
Date mailed: #iJ I
BY:
SPEAR & HOFFMAN, P.A.
Aj)~
BONNIE DAHL, ESQUlRE
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. SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEYLD. NO. 79294
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY
PLAINTIFF,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-1997CIVIL TERM
vs.
DONALD L. BRACKBILL AND
SUSAN L BRACKBILL
DEFENDANT(S)
AFFIDAVIT OF NON-MILITARY SERVICE
BONNIE DAHL, ESQUIRE, being duly sworn according to law, deposes and says that he is
attorney for Plaintiff in the above-captioned matter, that he makes this Affidavit on Plaintiffs behalf, and
that the statements in this Affidavit are true to the best of his knowledge, information and belief.
Defendant, DONALD L. BRACKBILL AND SUSAN L BRACKBILL, is over 21 years of age.
His last employment is unknown.
Defendant is not in the military service of the United States as contemplated by the Soldiers' and
Sailors' Civil Relief Act, as amended.
This Affidavit is made in connection with the judgment upon a note and mortgage secured upon
the premises located at 233 PINE ROAD, MT. HOLLY SPRINGS, PA 17065.
BY: i10 ~~
BONNIE DAHL, ESQUIRE
SWORN TO AND S~SCRIBED
BEFORE ME TIllS ~iV
DAY OK}ul1e- ,2!QL.
June 6, 200 I
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
LAWRENCE E. WELKER
Prothonotary
TO: DONALD L. BRACKBILL
233 PINE ROAD
MT. HOLLY SPRINGS, P A 17065
MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY
PLAINTlFF,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-1997CIVIL TERM
vs.
DONALD L. BRACKBILL AND
SUSAN I. BRACKBILL
DEFENDANTS
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below:
)xC Judgment by Default
D Money Judgment
D Judgment for Possession
D Judgment on Award of Arbitration
D Judgment on Verdict
D Judgment on Court Findings
IF YOU HA VB ANY QUESTIONS CONCERNING TillS NOTICE, PLEASE CALL:
ATTORNEY BONNIE DAHL. ESOUIRE at this telephone number: (856) 755-1560
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
LAWRENCE E. WELKER
Prothonotary
TO: SUSAN 1. BRACKBILL
233 PINE ROAD
MT. HOLLY SPRlNGS, P A 17065
MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY
PLAINTIFF,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-1997CIVIL TERM
vs.
DONALD L. BRACKBILL AND
SUSAN 1. BRACKBILL
DEFENDANTS
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below:
~
o
Judgment by Default
Money Judgment
o Judgment for Possession
o Judgment on Award of Arbitration
o Judgment on Verdict
o Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY BONNIE DAHL. ESOUIRE at this telephone number: (856) 755-1560
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL DNISlON
PRAECIPE FOR WRlT OF EXECUTlON
MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER
FROM KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY
() Confessed Judgment
() Other
File No.01-1997CNIL TERM
vs.
Amount Due
$49.111.57
DONALD L. BRACKBILL AND
SUSAN 1. BRACKBILL
Interest .
Atty's Corum
Costs
TO THE PROTHONOTARY 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)
233 PINE ROAD. MT. HOLLY SPRINGS. P A 17065
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as
above, directing attachment against the above-named gamishee(s) for the following property (if real estate, supply
six copies of the description; supply four copies oflengthypersona1ty list)
and all other property of the defendant( s) in the possession, custody or control of the said gamishee( s).
(Indicate) Index this writ against the gamishee( s) as a lis pendens against real estate of the
defendant( s) described in the attached exhibit.
DATE:
June 6. 2001
Signature:
A Lf2.~
,
Print Name: BONNIE DAHL. ESOUIRE
Address: 1020 N. Kin~s Highwav. Suite 210
Cherry Hill. N.J. 08034
Attorney for: MANUFACTURES & TRADERS TRUST
CaMP ANY SUCCESSOR BY MERGER
FROM KEYSTONE FINANCIAL BANK.
N.A.. SUCCESSOR IN INTEREST TO
FARMERS TRUST COMPANY
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SPEAR & HOFFMAN, P.A.
. BY: BONNIE DAHL, ESQUIRE
ATTORNEY 1.D. NO. 79294
1020 N. KINGS HlGHW A Y, SUITE 210
CHERRY HlLL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
MANUFACTIJRES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FlNANCIAL BANK, N.A.,
SUCCESSOR IN lNTEREST TO FARMERS TRUST
COMPANY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-1997CIVIL TERM
PLAlNTIFF,
vs.
DONALD 1.. BRACKBILL AND
SUSAN 1. BRACKBlLL
DEFENDANTS
AFFIDAVIT PURSUANT TO RULE 3129.1
MANUFACTURES & TRADERS mUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE
FlNANClALBANK, N.A., SUCCESSORlN lNTEREST TO FARMERS mUST COMPANY, Plaintiffin the above
action, by its attorney, BONNIE DAHL, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was
filed, the following information concerning the real property located at 233 PINE ROAD, MT. HOLLY SPRINGS, P A
17065:
1. Name and address ofOwner(s) or Reputed Owner(s):
DONALD 1.. BRACKBILL AND SUSAN 1. BRACKBILL
233PlNE ROAD
MT. HOLLY SPRINGS, P A 17065
2. Name and address ofDefendant(s) in the jndgment:
DONALD 1.. BRACKBILL AND SUSAN 1. BRACKBILL
233 PINE ROAD
MT. HOLLY SPRINGS, P A 17065
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
SOUTH MIDDLETOWN TOWNSHIP MUNICIPAL AUTIIORlTY
233 PlNE ROAD
MT. HOLLY SPRINGS, P A 17065
4. Name and address of the last recorded holder of every mortgage of record:
MANUFACTURES & TRADERS mUST COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FlNANClAL BANK, N.A., SUCCESSOR IN lNTEREST TO FARMERS mUST CaMP.
PO BOX 840
BUFFALO, NY 14240-0840
NORTHWEST CDC
227 PENNROSE PLACE
CARLISLE, PA 17013
FARMERS mUST COMPANY
1 W. HUGH STREET
CARLISLE, PA 17013
,:"
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5. Name and address of every other person who has any record lien oil. the property:
NONE
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:
MABLE R. SATTESON
TAX COLLECTOR
3 TR1NE AVENUE
MT. HOLLY SPRINGS, P A 17065
DOMEsnc RELATIONS
P.O. BOX 320
13 N. HANOVER ST.
CARLISLE, P A 17013
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE - LIEN
BUREAU OF COMPLIANCE
DEPT. 280946
HARRlSBURG, P A 17128-0946
ATTENTION: SUE BLOUGH
TAX CLAIM BUREAU
ICOUR1~OUSESQUARE
CARLISLE,PA 17013
CAROLYN MCQUILLEN
TAX COLLECTOR
1044 PINE ROAD
CARLISLE, P A 17013
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:
TENANT(S)/OCCUP ANT(S)
233 PlNE ROAD
MT. HOLLY SPRINGS, P A 17065
I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge,
information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
~4904 relating to unsworn falsification to authorities.
SPEAR & HOFFMAN, P.A.
~y~
BONNIE DAHL, ESQUIRE
Attorney for Plaintiff
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SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY !.D. NO. 79294
1020N. KINGS illGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FORPLAThITffP
MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY
PLAINTIFF,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.01-1997CIVIL TERM
vs.
DONALD L. BRACKBILL AND
SUSAN I. BRACKBILL
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: DONALD L. BRACKBILL
233 PINE ROAD
MT. HOLLY SPRINGS, P A 17065
Your house (real estate) at:
233 PINE ROAD, MT. HOLLY SPRINGS, P A 17065
is scheduled to be sold at Sheriffs Sale on SEPTEMBER 5, 2001 at:
CUMBERLAND COUNTY COURTHOUSE
2ND FLOOR, COMMISSIONERS HEARING ROOM
1 COURTHOUSE SQUARE
CARLISLE,PA 17013-3387
at 10:00 a.m. to enforce the court judgment of$49,ll1.57 obtained by MANUFACTURES & TRADERS
TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT TillS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
I. The sale will be canceled if you pay to MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY the amount of the judgment plus
costs. or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much
you must pay, you may call: (856) 755-1560.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
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judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for
~ good cause.
,
3. You may be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SA VB YOUR PROPERTY AND YOU HA VB OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (717)240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the
sale. To find out if this has happened, you may call (717)240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
5 . You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff no later thanOCTOBER 5,
2001 This schedule will state who will be receiving the money. The money will be paid out in
accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are
filed with the Sheriff within ten (10) days after the date of filing of said schedule.
7 . You may also have other rights and defenses, or ways of getting your house back, if you
act immediately after the sale.
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LlSTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17103
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT TillS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE,
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. ALL THAT CERTAIN tract or parcel ofland situate in the ToWnship of South Middleton, County of Cumberland
and~tate ofPeunsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point in the Pine Road (L.R.21 008) at the line oflands now or formerly of Clarence A. Bricker
and Janet K. Bricker; thence along said latter lands and passing through an iron pin 16.23 feet from said beginning
point, South 21 degrees 51 minutes 20 seconds East 199.07 feet to an iron pin at lands now or formerly of Lester
E. Dum; thence along said latter lands South 68 degrees 22 minutes West 88.37 feet to a concrete monument at
lands now or formerly ofthe said Lester E. Dum; thence along said latter lands North 18 degrees 03 minutes West
175.30 feet, passing through an iron pin 21.51 feet from the end of said line, to a point in said Pine Road; thence
in said Pine Road, North 51 degrees 04 minutes East 81.36 feet to a point, the place of BEGINNING.
CONTAINlNG .355 acres and being described according to a survey of Thomas A. Neff, registered Surveyor, dated
August 18, 1966, a copy of which is attached hereto.
HAVING thereon erected a one-story brick dwelling house
BEING THE SAME PREMISES which Maurice Stewart Wood, Widower, by his attorney in fact Joy W. Barrett
by Deed dated June 27, 1991 and recorded June 27, 1991 in the Recorder's Office in and for Cumberland County,
Pennsylvania in Deed Book Volume E35 Page 624, granted and conveyed unto Donald L. Brackbill and Susan I.
Brackbill, the mortgagors herein.
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SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQUIRE
ATTORNEY I.D. NO. 79294
1020 N. KINGS HIGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY
PLAINTIFF,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-1997CIVIL TERM
vs.
DONALD L. BRACKBILL AND
SUSAN I. BRACKBILL
DEFENDANTS
CERTIFICATION
BONNIE DAHL, ESQUIRE, hereby verifies that he is the attorney for the Plaintiff in the above
captioned matter, and that the premises are not subject to the provisions of Act 91 because it is:
() an FHA mortgage
() non-owner occupied
() vacant
( X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn
falsification to authorities.
~YA
HONNIE DAHL, ESQUIRE
Attorney for Plaintiff
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ALL 'fHA T CERTAIN tract or parcel ofland situate in the Township of South Middleton, County of Cumberland
and Slate of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point in the Pine Road (L.R.21008) at the line oflands now or formerly of Clarence A. Bricker
and Janet K. Bricker; thence along said latter lands and passing through an iron pin 16.23 feet from said beginning
point, South 21 degrees 51 minutes 20 seconds East 199.07 feet to an iron pin at lands now or formerly of Lester
E. Dum; thence along said latter lands South 68 degrees 22 minutes West 88.37 feet to a concrete monument at
lands now or formerly ofthe said Lester E. Dum; thence along said latter lands North 18 degrees 03 minutes West
175.30 feet, passing through an iron pin 21.51 feet from the end of said line, to a point in said Pine Road; thence
in said Pine Road, North 51 degrees 04 minutes East 81.36 feet to a point, the place of BEGINNING.
CONTAINING .355 acres and being described according to a survey of Thomas A. Neff, registered Surveyor, dated
August 18, 1966, a copy of which is attached hereto.
HAVING thereon erected a one-story brick dwelling house
BEING THE SAME PREMISES which Maurice Stewart Wood, Widower, by his attorney in fact Joy W. Barrett
by Deed dated June 27, 1991 and recorded June 27, 1991 in the Recorder's Office in and for Cumberland County,
Pennsylvania in Deed Book Volume E35 Page 624, granted and conveyed unto Donald L. Brackbill and Susan I.
Brackbill, the mortgagors herein.
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} ss.
Robert P Ziegler
I, ______________________________________________________________________________Ilecorderof
Deeds in and for said County and State do 'hereby certify that the Sheriff. Deed in which ________u______
__tl.illl.lJ.! !!!'_t_\!g,Ls__~_J.F.A~~L'L'!:rl'_'tLf.?________ ____u______________u___ __________ _ is the grantee
the same having been sold to said grantee on the ______u_________.5.tlL_u_____________u__u__ day of
u______~=l'_:.:'!.'~:_':.___u__uuu__unu A, D,. ' 200~u__. under and by virtue of a wriL__u______u_
Execution . 8th
____________________________u_____u____ u_____ ISSued on the ______ _____ __________u_____ __ _______
day of ___________l.~'.!~__________ A, D" 20~_1___, out of the Court of Cornman Pleas of said County'as of
Civil
______________________________..__u___n___u___ ____________u________u_________ Term,: 2.0D.l._
. 1997 ,
~u<nber------________,atthe.ultof-~uiJu:t~s_~_Tr~rs_Jl~_~P__~Yf~_~~~g_r__~Y_E!~Eg~_~_!rom
Keystone Financial Bank N A successor in interest to Farmers Trust Co
---------------- --------------- -- -- against_ __]2 91lJit4_.k3! _lil!.~~!L_J;._~ !.?_c:.~!?J.}._~__ __ ________ __ _ is
duly recorded in Sheriffs Deed Book ~o, u~!tfL_u__. Page ___!t.~~~____.
I~ TESTIMO~Y WHEIlEOF, I have hereunto
set my hand and seal of said office this ___~_~___ day
of --____~____u________ A, D., ;z.c <:J_u
--'t!.J.~-~~-~___~
Ilecorder of Deeds
Recorder of Deeds. ~mberlend County, Cllrlisle, M
My CommlSSlOl1 Expires the First Monday 01 Jen. 2001
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Manufactures & Traders Trust Co.mpany
Successo.r by merger fro.m Keysto.ne
Financial Bank, N.A.
VS
Donald L. Brackbill and Susan I.
Brackbill
In The Co.urt o.f Co.mmon Pleas o.f
Cumberland Co.unty, Pennsylvania
Writ No.. 2001-1997 Civil Term
David McKinney, Deputy Sheriff, who being duly sworn accDrding to. law, states
o.n July 06, 2001 at 3:46 o.'clDck P.M., EDST, he served a true copy o.fthe within Real
Estate Writ, Notice, Po.ster and Descriptio.n, in the abDve entitled actiDn, upDn Dne Dfthe
within named defendants, to. wit: Do.nald L. Brackbill, by making known unto. Susan
Brackbill, wife o.f defendant, at 233 Pine Ro.ad, Mt. Ho.lly Springs, Cumberland Co.unty,
Pennsylvania 17013 its co.ntents, and at the same time handing to. her perso.nally the said
true and attested co.py of the same.
David McKinney, Deputy Sheriff, who. being duly swo.rn acco.rding to. law, states
o.n July 06, 2001 at 3:46 o.'clo.ck P.M., EDST, he served a true co.py o.fthe within Real
Estate Writ, No.tice, Po.ster and Descriptio.n, in the above entitled actio.n, upon one of the
within named defendants, to. wit: Susan 1. Brackbill, by making kno.wn unto Susan
Brackbill, at 233 Pine Ro.ad, Mt. Ho.lly Springs, Cumberland Co.unty, Pennsylvania
17013 its contents, and at the same time handing to her personally the said true and
attested co.py o.fthe same.
David McKinney, Deputy Sheriff, who. being duly swo.rn acco.rding to law, states
o.n July 06, 2001 at 3:46 o.'clock P.M., EDST, he po.sted a true co.py of the within Real
Estate Writ, No.tice, Po.ster and Description, in the abo.ve entitled actio.n upo.n the property
o.fDonald L. Brackbill and Susan 1. Brackbill located at 233 Pine Road, Mt. Ho.lly
Springs, Cumberland County, Pennsylvania, acco.rding to. law.
R. Tho.mas Kline, Sheriff, who being duly swo.rn according to. law, states that he
served the above Real Estate Writ, Notice, Poster and Descriptio.n in the fo.llowing
manner: The Sheriff mailed a pendency o.f the actio.n to o.ne o.f the within named
defendants, to. wit: Do.nald L. Brackbill, by regular mail to. his lastkno.wn address of233
Pine Ro.ad, Mt. Ho.lly Springs, P A 17065. This letter was mailed under the date of July 9,
2001 and never returned to. the Sheriff's Office.
R. Tho.mas Kline, Sheriff, who. being duly swo.rn acco.rding to. law, states that he
served the abo.ve Real Estate Writ, No.tice, Po.ster and Descriptio.n in the fo.llowing
manner: The Sheriff mailed a pendency o.f the actio.n to. o.ne o.f the within named
defendants, to. wit: Susan 1. Brackbill, by regular mail to her last known address o.f233
Pine Ro.ad, Mt. Holly Springs, PA 17065. This letter was mailed under the date o.fJuly 9,
2001 and never returned to. the Sheriff's Office.
R. Thomas Kline, Sheriff, who. being duly swo.rn acco.rding to. law, says that after
due and legal no.tice had been given acco.rding to law, exposed the within described
premises at public venue o.r outcry at the Co.urtho.use, Carlisle, Cumberland Co.unty,
Pennsylvania, on September 5, 2001 at 10:00 o'clDck A.M., E.D.S.T., and so.ld the same
fo.r the sum o.f $20,000.00 to. Atto.rney Jane Adams (fo.r Attorney Bonnie Dahl) for
Manufacturers and Traders Trust. It being highest bid and best price received fo.r the
same, Manufacturers and Traders Trust o.f One F o.untain Plaza, 6th Fl., Buffalo., NY
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14320, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of
$1,408.11.
Sheriff's Costs:
Docketing $
Poundage
Posting Handbills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff's Deed
SWOrl1 and subscribed to before me
30.00
400.00
15.00
15.00
30.00
10.00
.50
1.00
3.25
1.73
15,00
30.00
325.85
253.62
25.66
25.00
26.50
$1,208.11 paid by attorney
10-05-01
~~--~~
R. Thomas Kline, Sheriff
This~d~of~
2001,A.D.~IZ.<_ {2, 'II1.t~,~
Pro 0 otary
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BY qbdq ~rYU.1A
Real Estate Deputy
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. WRIT OF EXECUnON and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 01-1997 CIVIL 1~ TERM
CIVIL ACTION - LAW
TO THE SHERIFF OF
cumberland
COUNTY:
To satisfy the debt, interest and costs due Manufactures & Traders Trust Caupany Successor
by Merger Fran Keystone Financial Bank, N.A. Successor in Interest to
PLAINTIFF(S)
fClLIlLeu; i'l.uoL euu1JC111Y . . PA 17065
lrom Donald L. Brackbill and Susan 1. Brackbill, 233 Pine Road, Mt. Holly sprmgs, .... .
(1) You are direcfed to levy upon the property of the defendant(s) and to sell
DEFENDANT(S)
See Legal Description
(2) You are also qirected to attach the property of the defendant(s) not levied upon .in the possession of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an aUachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other
than a named garnishee. you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due
Interest
Ally's Comm
Atty Paid
Plaintiff Paid
$49,111.57
L.L.
$.50
$1.00
%
Due Prothy
Other Costs
$119.72
Date:
June 8, 2001
Curtis R. Long
Prothonotary, Civil Division
~ dv"p P. 77;rJ)/J<YLI-
REQUESTING PARTY:
Deputy
Bonnie Dahl, Esq.
1020 N. Kings Highway, Suite 210
Cherry Nill, J.J. 08034
Attorney tor: Plaintiff
Telephone: 856-755-1560
Supreme Court 10 No. 79294
Name
Address:
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REAL EST A IE SALE No. '5:2
Jfl J /Ml.I / f; .;JDDI the sheriff levied upon the aerenaam.,
interest in the real property situated in --dfJl..t..JJ... 1'l'!dd~Izot.T~
Cumberland County, Pa., known and numbered as: 0:;33 ~JotAd
fYH:.'~~d more fully described on Exhibit "A" filed with
this writ and by this reference incorporated herein.
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SCHEDULE OF DISTRIBUTION
SALE NO. 52
Writ No. 2001-1997 Civil Term
Manufactures & Traders Trust Company
Successor by merger from Keystone
Financial Bank, NA
VS
Donald 1. Brackbill and Susan I. Brackbill
Filed October 5, 2001
Date of Sale:
Buyer:
Bid Price:
September 05,2001
Manufacturers and Traders Trust
$20,000,00
Real Debt
Interest
Attorney writ costs
$49,111.57
119.72
Total
$49,231.29
Distribution
Amount Collected
Legal Search
Sheriff s Costs
$1,408.11
200.00
1,208.11
So Answers:
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R. Thomas Kline, Sheriff
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TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
, EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 52
Held Wednesday, September 5, 2001
Date: September 5, 2001
TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year
2001.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated , 200 I, and recorded
,2001, in Cumberland County Deed Book , Page
RECITAL: Being the same premmises which Maurice Stewart Wood by deed dated June 27,
1991 and recorded June 227,1991 in the Office of the Recorder of Deeds in and for Cumberland
County at Carlisle, Pennsylvania in Deed Book "E", Volume 35, Page 624 granted and conveyed
to Donald L. Brackbill and Susan I. Brackbill, his wife.
OTHER EXCEPTIONS:
I. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed ofL.R. 21008, known as Pine Road.
6. Conditions, easements and restrictions shown on or set forth on the Property Survey for
Maurice S. and Rose H. Wood recorded in Deed Book "E", Volume 35, at page 627..
7. Mortgage in the amount of $52,000.00 given to Farmers Trust Company dated June 27,
1991 and recorded June 27, 1991 in Mortgage Book 1019, Page 173.
Complaint in Mortgage foreclosure filed by Manufacturers and Traders Trust Co., successor
.,,~~
.
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to Farmers Trust Company, as Plaintiff against Donald L. Brackbill and Susan I. Brackbill as
Defendants in the Office of the Prothonotary of Cumberland County to File No. 2001-1997.
Default judgment in tl).e amount of $49,111.57 entered June 8, 2001.
8. Mortgage in the amount of $7,891.68 given to Norwest Consumer Discount Company
dated March 2, 1993 and recorded March 8, 1993 in Mortgage Book 1120, Page 763.
9. Mortgage in the amount of $36,794.23 given to Farmers Trust Co. dated December 16,
1994 and recorded December 23, 1994 in Mortgage Book 1246, Page 453.
10. Mortgage in the amount of $125,000.00 given to ACME Fiduciary Fund, dated
September 30, 1998 and recorded November 10, 1998 in Mortgage Book 1496, Page 572.
11. Municipal lien in the amount of $763.78 entered on July 3, 2000 by South Middleton
Township Municipal Authority as Plaintiff against Donald L. Brackbill and Susan 1. Brackbill as
Defendants to the Office of the Prothonotary of Cumberland County to File No. 2000-4718.
12. Action in Ejectment fIled by M & T Trust Company as Plaintiff against Donald L.
Brackbill and Susan 1. Brackbill as Defendants on September 17, 2001 in the Office of the
Prothonotary of Cumberland County to File No. 01-5425.
13. Subject to rights of Mount Holly Cemetery Association in fence along division line as
recorded in Deed Book "J", Volume 9, Page 537.
14. Satisfactory evidence to be produced that proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff Sale.
15. Real estate taxes accruing on and after January 1,2002 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any
search been made for environmental liens in Federal District Court.
-d~
Robert G. Frey, Agent
Note: This Title Report shall not be valid 0
until countersigned by an authorized signata
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REAL ESTATE SALE NO. 52
Writ No. 2001-1997 CIvil
Manufactures & Traders
Trust Company Successor
By Merger From Keystone
Financial Bank. N.A..
Successor In Interest to
Fanners Trust Company
vs.
Donald L. Brackbill and
Susan 1. Brackbill
Atty.: Bonnie Dahl
ALL THAT CERTAIN tract or par-
cel of land situate in the Township
of South Middleton. County of Cum-
berland and State of Pennsylvania,
more particularly bounded and de-
scribed as follows. to wit:
BEGINNING at a point in the Pine
Road (L.R.210081 at the line oflands
now or formerly of Clarence A. Blick-
er and Janet K. Blicker, thence along
said latter lands and pass1ng through
an iron pin 16.23 feet from said
beginning point. South 21 degrees
51 minutes 20 seconds East lSffi.7
feet to an iron pin at lands now or
I formerly of Lester E. Dum; thence
along said latter lands South 68
degrees 22 minutes West 88.37 feet
to a concrete monument at lands
now or formerly of the said Lester
E. Dum; thence along said latter
lands North 18 degrees 03 minutes
West 175.30 feet. passing through
an iron pin 21.51 feet from the end
of said line, to a point in said Pine
Road; thence in said Pine Road,
North 51 degrees 04 minutes East
81.36 feet to a point. the place of
BEGINNING. CONTAINING .355
acres and being described accord-
ing to a survey of Thomas A. Neff.
registered Surveyor, dated August
18, 1966. a copy of which is at-
tached hereto.
v
HAVING thereon erected a one-
story brick dwelling house.
BEING THE SAME PREMISES
whIch Maurice Stewart Wood. WId-
ower, by his attorney in fact Joy W.
Barrett by Deed dated June 27
1991 and recorded June 27, 199i
m the Recorder's Office in and for
?umberland County, Pennsylvania
m Deed Book Volume E35 Page 624
granted and conveyed unto Donald
L. Brackbill and Susan 1. Brackbill
the mortgagors herein. '
.'
"
.
,
SPEAR & HOFFMAN, P.A.
BY: BONNIE DAHL, ESQIJIRE
ATTORNEY 1.D. NO. 79294
1020 N. KINGS IDGHW A Y, SUITE 210
CHERRY HlLL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAlNTWF
MANUFACTURES & TRADERS TRUST
CaMP ANY SUCCESSOR BY MERGER FROM
KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS TRUST
COMPANY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-1997CIVIL TERM
PLAINTIFF,
vs.
DONALD L. BRACKBILL AND
SUSAN 1. BRACKBILL
DEFENDANTS
AFFIDAVIT PURSUANT TO RULE 3129.1
MANUF ACTIJRES & TRADERS TRUST CaMP ANY SUCCESSOR BY MERGER FROM KEYSTONE
FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY, P1aintiffin the above
action, by its attorney, BONNIE DAHL, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was
filed, the following information concerning the real property located at 233 PINE ROAD, MT. HOLLY SPRINGS, P A
17065:
1. Name and address of Owner( s) or Reputed Owner( s):
DONALDL. BRACKBILL AND SUSAN 1. BRACKBILL
233 PINE ROAD
MT. HOLLY SPRINGS, P A 17065
2. Name and address ofDefendant(s) in the judgment:
DONALD L. BRACKBILL AND SUSAN 1. BRACKBILL
233 PINE ROAD
MT. HOLLY SPRINGS, P A 17065
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
SOUTH MIDDLETOWN TOWNSHIP MUNICIPAL AUTHORITY
233 PINE ROAD
MT. HOLLY SPRINGS, P A 17065
4. Name and address of the last recorded holder of every mortgage of record:
MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST CaMP.
PO BOX 840
BUFFALO, NY 14240-0840
NORTHWEST CDC
227 PENNROSE PLACE
CARLISLE, P A 17013
FARMERS TRUST COMPANY
1 W. HUGH S1REET
CARLISLE, PA 17013
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5.
Name and address of every other person who has any record lien on the property:
NONE
6. Name and address of every other person who has any record interest in the property and whose interest
may be affected by the sa!e:
MABLE R. SATTESON
TAX COLLECTOR
3 TRINE AVENUE
MT. HOLLY SPRlNGS, PA 17065
DOMESTlC RELATlONS
P.O. BOX 320
13 N. HANOVER ST.
CARLISLE, PA 17013
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE - LlEN
BUREAU OF COMPLlANCE
DEPT. 280946
HARRISBURG,PA 17128-0946
ATTENTION: SUE BLOUGH
TAX CLAIM BUREAU
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
CAROLYN MCQUILLEN
TAX COLLECTOR
1044 PINE ROAD
CARLISLE, PA 17013
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:
TENANT(S)/OCCUP ANT(S)
233 P!NE ROAD
MT. HOLLY SPRlNGS, P A 17065
I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge,
information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
~4904 relating to unsworn falsification to authorities.
SPEAR & HOFFMAN, P.A.
,~y~
BONNIE DAHL, ESQUlRE
Attorney for Plaintiff
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SPEAR & HOFFMAN, PA
BY: BONNIE DAHL, ESQUIRE
ATTORNEY !.D. NO. 79294
1020 N. KINGS IDGHWAY, SUITE 210
CHERRY HILL, NEW JERSEY 08034
(856) 755-1560
ATTORNEY FOR PLAINTIFF
MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM
KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS
TRUST COMPANY
PLAINTIFF,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.01-1997CIVIL TERM
vs.
DONALD L. BRACKBILL AND
SUSAN 1. BRACKBILL
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: SUSAN 1. BRACKBILL
233 PINE ROAD
MT. HOLLY SPRINGS, P A 17065
Your house (real estate) at:
233 PINE ROAD, MT. HOLLY SPRINGS, P A 17065
is scheduled to be sold at Sheriffs Sale on SEPTEMBER 5, 2001at:
CUMBERLAND COUNTY COURTHOUSE
2ND FLOOR, COMMISSIONERS HEARING ROOM
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
at 10:00 a.m. to enforce the court judgment of $49, 111.570btained by MANUFACTURES & TRADERS
TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, NA,
SUCCESSOR IN lNTEREST TO FARMERS TRUST 'COMP ANY against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
I. The sale will be canceled if you pay to MANUFACTURES & TRADERS TRUST
COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN lNTEREST TO FARMERS TRUST COMPANY the amount of the judgment plus
costs or the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much
you must pay, you may call: (856) 755-1560.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
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judgment, ifthe judgment was improperly enteted. Y~u may also ask the Court to postpone the sale for
good cause.
3 . You may be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may fmd out the price bid by calling (717)240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the
sale. To find out if this has happened, you may call (717)240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
5 . You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff no later thanOCTOBER 5,
2001. This schedule will state who will be receiving the money. The money will be paid out in
accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are
filed with the Sheriff within ten (10) days after the date of filing of said schedule.
7. You may also have other rights and defenses, or ways of getting your house back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, P A 171 03
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT TIDS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE,
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ALL THAT CERTAIN tract or parcel of land situate in th~ Township of South Middleton, County of Cwnberland
and State of Pennsylvania, more particularly bOI)ll~~~ and described as follows, to wit:
BEGINNING at a point in the Pine Road (L.R.21008) at the line of lands now or formerly of Clarence A. Bricker
and Janet K. Bricker; thence along said latter lands and passing through an iron pin 16.23 feet from said beginning
point, South 21 degrees 51 minutes 20 seconds East 199.07 feet to an iron pin at lands now or formerly of Lester
E. Dwn; thence along said latter lands South 68 degrees 22 minutes West 88.37 feet to a concrete monument at
lands now or formerly of the said Lester E. Dwn; thence along said latter lands North 18 degrees 03 minutes West
175.30 feet, passing through an iron pin 21.51 feet from the end of said line, to a point in said Pine Road; thence
in said Pine Road, North 51 degrees 04 minutes East 81.36 feet to a point, the place of BEGINNING.
CONTAINING .355 acres and being described according to a survey of Thomas A. Neff, registered Surveyor, dated
August 18, 1966, a copy of which is attached hereto.
HAVING thereon erected a one-story brick dwelling house
BEING THE SAME PREMISES which Maurice Stewart Wood, Widower, by his attorney in fact Joy W. Barrett
by Deed dated June 27, 1991 and recorded June 27, 1991 in the Recorder's Office in and for Cwnberland County,
Pennsylvania in Deed Book Volwne E35 Page 624, granted and conveyed unto Donald L. Brackbill and Susan 1.
Brackbill, the mortgagors herein.
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IlEAL ESTATE SALE No. 52
Writ No. 2001'1997 .
. ClvilTerm
'''M~"Ufa:ctiJrers g Traders
Trust Company, Suceessor
B\'" Mer,ger From Keystone
~ N"nancial Ban~ N.A..,
Successor in Interest to
Farmers TrliSl; Company
lIS
Donald L Brackbill and
Susan t. Brackbill
.Atty: Bonnie Dahl
DESCRIPTION
AU... "'THAT CERTAIN tract or parcel of
land ~ituat~. in \ll\: Township of S.:/Ulh
\l>fiddkt,)u. ('1lUllt)' of Cumnerland :.!nd St..lte
'. l1f PCnii~'5'Nanta, more particularly /joullded
I> ami dc~ribW as follo","s. to Vllt:
BEGINNING :11 a poim in th~ Pine Road
iLR :! 100::i1 at trn:: line al l;md1> now or
f()~f1y (}( Clarence ,\.. Brkkcr and J:.md
., K. .,Bricker: lhcn~ ulong saId latter lands
I:: and passing through, an iron ,pill 10.13 fed
i:, from s'aJd 6eginning toilil',South 21 degree,s
,. .5 t minulc5 ZO -''<<(In'1 East. \Q9,07 fIX! to
;m 'l'rt}lJ pin at laild~" now or formcriy of
". t,l~:<~(t:r E. Dum; thence along 5<l.id latter
': 'T;:iti.ib $pulh 68, dl'gr~~ 22, minut<:s West
:' 38,37 f,cel 10 Jl conC1CIC l'\'lQl1Um~pl at J;'lI)Js
now or formerly of the said LeSL~r E. Dum:
thl'm:c "along :.aid latter lands Nonn J 8
d~f;rt.'t.':> 03 millult'~ We,<;t 17530 feel.
pa;sing through all iron 'Pin '2! .5\ fl'~t from
...1h~ emj of !>aid tine, to a point in ~dd Pine
Road: thl't}(:.C in ~id ?Jne Road. 1\Qrlh 5J
:', Q,c.gre;:e;, Q..l. minu~~ East 81.36 {l~t t(, a
i' point, (he' piac..- of BEGiNNING.
': CONT AININCi .3:'i5 aCfe\> and bdng
~"dl':.:crii)d/. ,JccQrding Ii) a .~UTVC::V t)l-111OI"na:.
':::f\.~,:,~dt: r,;gist'ered $urv!Oyor, datl.:'{f ,\~.~jl-
_:j.J!~,,':J %fi" f1 copy oj ",?,"hith is ,lttachctlli~~(8_
,:::,:Jl,~V[NG thereoll ~~teJ'a wle-:-'l.Ury,pf.lI::k.
i:?f:tH"'1H@,Jj91'i.~,"'/">'?::':-," ..., -,~~,_':"_.
';', (I'.....TIiB '--,5i\~.t.::-, pft'mi<;;::',.;, wb!\:u .
. "ib~~i~~;:':~~~~~~'a{~~:
''If99fatiWn:c'OrdMJu~'ti;.}i'j9,f:'~ .
the 't.{ecortkr'{Of1ltt in lind' for C.umOef1'~fi:d
CiJUil{y, PenJ1~yJvania In'Deed BoO~'\blume
. f'~1'5 ~c 624, granted aM conve)'ed .omo
, Donald L Br'actbiH and SUS\ln t Brackbill.
theriAA:t~?.:'~l!:r::~l1~ _____ ____~_.___-"__
...- ,"""
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818
Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of I.!J.g
Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818
Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, aM September 18th, 1949, respectively, and all have been continuously published
ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 24th and 31 st day(s) of July and the 7th
day(s) of August 2001. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
:::~:~:~:;,g · '"~ ;, ood W'.d:"~.:~r~"'"~"'=k.~m m mm
COpy Sworn to and s s 21st d of Au s 001 A.D.
SALE#52
Notarial Seal ~
Terry L. Russell, N ub
Harrisburg, Daup Cou
My Com",..ion Expllll' Junei. 2002 A Y PUBLIC
Member, Pennsylvania ASSOCiation at NoIfM\I''l:ommission expires June 6, 2002
'.
,
CUMBERlAND COUNTY SHERIFFS OFFICE
CUMBERlAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates $
Probating same Notary Fee(s) $
Total $
252.12
1.50
253.62
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By....................................................................
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REAL ESTA'I'E SALE NO. 52
Writ No. 2001-1997 Civil
Manufactures & Traders
Trust Company Successor
By Merger From Keystone
Financial Bank. NA.
Successor In Interest to
Farmers Trust Company
vs.
Donald L. Brackbill and
Susan I. Brackbill
At1;y.: Bonnie Dahl
ALL mAT CERTAIN tract or par-
cel of land situate in the Township
of South Middleton. Coun1;y of Cum-
berland and State of Pennsylvania.
more particularly bounded and de-
scribed as follows. to wit:
BEGINNING at a poInt In the Pine
Road (L.R21008) at the line oflands
now or fonnerly of Clarence A. Blick-
er and Janet K. Bricker: thence along
said latter lands and passing through
an iron pin 16.23 feet from said
beginning point. South 21 degrees
51 minutes 20 seconds East 199.07
feet to an iron pin at lands now or
formerly of Lester E. Dum; thence
along said latter lands South 68
degrees -22 minutes--West 88.37 feet
to a concrete monument at lands
now or formerly of the said Lester
E. Dum; thence along said latter
lands North 18 degrees 03 minutes
West 175.30 feet. passIng through
an iron pin 21.51 feet from the end
of said line. to a point in said Pine
Road; thence in said Pine Road,
North 51 degrees 04 minutes EaSt
81.36 feet to a poInt. the place of
BEGINNING. CONTAINING .355
acres and being described accord-
ing to a survey of Thomas A. Neff,
registered Surveyor, dated August
18, 1966, a copy of which is at-
tached hereto.
HAVING thereon erected a one-
story brick dwelling house.
BEING THE SAME PREMISES
which Maurice Stewart Wood, Wid-
ower, by his attorney in fact Joy W.
Barrett by Deed dated June 27,
1991 and recorded June 27. 1991
in the Recorder's Office in and for
Cumberland County, Pennsylvania
In Deed Book Volume E35 Page 624.
granted and conveyed unto Donald
L. Brackbill and Susan I. Brackbill.
the mortgagors herein.
,
l
.) ,
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATEOFPENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
JULY 20, 27, AUGUST 3, 2001
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
(t.~
Roger M. Morgenthal, EdItor
-
SWORN TO AND SUBSCRIBED before me this
3 day of AUGUST. 2001
,j NOTAIllAI.'
LOIS E. SNYDER. NoIaIy PubI1c
C8l1lIleIlOlQ, CumberIartd CountY
MyCommlsslon ExpiIes MardIS. 2005
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Spear & Hoffman, P.A.
BONNIE L. DAHL, ESQUIRE
Attorney 1.D. No. 79294
1020 N. Kings Highway, Suite 210
Cherry Hill, NJ. 08034
(856) 755-1560
Attorney for Plaintiff
MANUFACTURES & TRADERS TRUST COMPANY
SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A.,
SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 01-1997CML TERM
DONALD L. BRACKBILL AND SUSAN 1. BRACKBILL
Defendant
CERTIFICATION OF NOTICE TO LIENHOLDERS
PURSUANT TO PAR.C.P. 3129.2 (C) (2)
I, BONNIE L. DAHL, ESQUIRE, Attorney for Plaintiff, hereby certifY that Notice of Sale was
served on all persons appearing on Plaintiffs Affidavit pursuant to P A R.C.P. 3129.1, by United States
mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as
Exhibit "A".
The undersigned understands that the statements herein are subject to the penalties provided by
18 P.S. Section 4904.
Respectfully submitted,
SPEAR & HOFFMAN, P.A.
J7n ,Y-u4
BY:
BONNIE L. DAHL, ESQUIRE
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