HomeMy WebLinkAbout01-046264
CASE NO: 2001-04626 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS NATIONAL BANK
VS
GIBBS HOWARD F ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
GIBBS HOWARD F
the
DEFENDANT , at 0020:32 HOURS, on the 6th day of August 2001
at 99 TOPVIEW ROAD
CARLISLE. PA 17013
HOWARD F. GIBBS
by handing to
a true and attested copy of COMPLAINT - MORT FORE
NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 5.85
Affidavit .00
Surcharge 10.00
.00
33.85
Sworn and Subscribed to before
me this 16 a day of
A. D.
lL /I?,cGQc,? ?
Prothonotary
So Answers:
fep- ?Z- ?
R. Thomas Kline
08/06/2001
SAIDIS, SHUFF, FLOWER, LINDSAY
By: ?Q A Deputy Sheriff
CASE NO: 2001-04626 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS NATIONAL BANK
VS
GIBBS HOWARD F ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
INDA L
was served upon
the
DEFENDANT , at 0020:32 HOURS, on the 6th day of August , 2001
at 99 TOPVIEW ROAD
CARLISLE, PA 17013 by handing to
LINDA L. GIBBS
a true and attested copy of COMPLAINT - MORT FORE
NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this A ?- day of
So Answers:
R. Thomas Kline
08/07/2001
SAIDIS, SNUFF, FLOWER, LINDSAY
By:
Deputy Sheriff
I .lww wwuf' .18y4 A. D.
P o honotary
FARMERS NATIONAL BANK
OF NEWVILLE
Plaintiff
HOWARD F. GIBBS AND
LINDA L. GIBBS
Defendant(s)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O/-'T6.a(. e;.... --7"
CIVIL ACTION - LAW
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 FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
SAIDIS
SIIUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
Le han demandado a usted a la Corte. Si usted quiere defenderse en contra estas demandas
expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo al partir de la fecha de la demanda
y la notificacion. Listed debe presenter una apariencia escrita o en persona o por abogado y archivar en la
Corte en forma escrita sus defensas o sus objeciones a las demandas en contra suya.
Se ha avisado que si usted no se defienda, la Corte tomara medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de
demanda. LISTED PUEDE PERDER DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES
PARA LISTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O
CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
w _
I peal
FARMERS NATIONAL BANK
OF NEWVILLE
Plaintiff
v
HOWARD F. GIBBS AND
LINDA L. GIBBS
Defendant(s)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
,e Civi
NO. Q1-q&Q(
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
AND NOW, comes Plaintiff, Farmers National Bank of Newville ('Bank"), by and through its
attorneys, Saidis, Shuff, Flower & Lindsay, and files this Complaint, alleging in support thereof the
following:
1. Plaintiff, Farmers National Bank of Newville, is a national banking association organized and
existing under the banking laws of the United States of America with a principal regional office located at PO
Box 156, One Big Spring Avenue, Newville, PA 17241.
2. The Defendant(s), Howard F. Gibbs and Linda L. Gibbs is/are adult individual(s) whose last
known address is 99 Topview Road, Carlisle, PA 17013.
3. On or about February 3, 1992, Defendant(s) borrowed from and agreed to repay to Bank the sum
of eighty thousand and 00/100 dollars ($80,000.00) ("Loan"). As security for the Loan, Defendant executed
and delivered to Bank a mortgage ("Mortgage") on that tract of land together with the buildings and
improvements erected thereon located in Cumberland County, Pennsylvania known as 99 Topview Road,
Carlisle, PA 17013. At all times relevant hereto, Defendant(s) is/are and remains the record and sole owner
of the Property. A description of the Property is attached hereto, made a part hereof and marked Exhibit
..A„
4. On or about February 4, 1992, the Mortgage was recorded in the Office of the Recorder of Deeds
of Cumberland County in Book 1045, Page number 1053. A copy of the Mortgage is attached hereto, made
a part hereof and marked Exhibit "B".
5. The Mortgage was never assigned by Bank and is still held by it as a valid and subsisting
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORMS•AT•LAW
26 W. High Street
Carlisle, PA
obligation of Defendant.
6. Under the terms and conditions of the Note ("Note"), Defendant(s) agreed to make monthly
payments to Bank in the amount of six hundred ninety-eight and 96/100 ($698.96) beginning on 3rd day of
March, 1992 and continuing on the third day of each month thereafter. A copy of the Note, evidencing the
Loan is attached hereto, made a part hereof and marked Exhibit "C.
7. Defendant(s) has breached the terms and conditions of the Mortgage and Note and is in default
under such terms and conditions because they have failed to make the payments required in accordance
with the terms thereof for June 20, 2000 and all subsequent months.
2
8. Defendant(s) also agreed under the terms of the Mortgage that in the event of default thereunder
he would pay costs incurred by Bank as a result of the institution of these legal proceedings.
9. The obligation owed by Defendant(s) to Bank continues to accrue interest thereon at the rate of
sixteen and 79/100 dollars ($16.79) per diem through the date of payment, including on and after the entry of
judgment on this Complaint, and continues to accrue late charges, and attorneys' fees.
10. The combined Act 91/6 Notices were forwarded to Defendant(s) on April 26, 2000, by First
Class Mail and Certified Mail, return receipt requested, addressed to Defendant(s). A copy of said Notice is
attached hereto and marked Exhibit "D".
11. Copies of the postal forms, evidencing the mailing of said Notices are attached hereto and
marked Exhibit "E".
13. Bank believes, and therefore avers, that Defendant(s) have not applied for assistance under the
Act.
14. As set forth above, Bank has made demand upon Defendant(s) herein to cure the default under
the aforesaid Mortgage and Note. However, Defendant(s) have refused and failed and continues to refuse
and fail to cure this default.
15. Defendant(s) are presently indebted to Bank, as of July 18, 2001, in the amount of seventy-four
thousand eight hundred twenty-six and 86/100 Dollars ($74,823.86) itemized as follows:
Principal Balance $64,495.45
Interest to and including
July 18, 2001 @ $16.79 per diem $ 7,106.41
Attorney Fees $ 3,225.00
SAIDIS
SHUFl3 FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
TOTAL DUE $74,826.86
3
WHEREFORE, Plaintiff, Farmers Bank of Newville, demands judgment against Howard F. Gibbs'
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
and Linda L. Gibbs Defendant(s), in the amount of seventy-four thousand eight hundred twenty-six and
861100 Dollars ($74,823.86) plus interest at the rate of sixteen and 79/100 Dollars ($16.79) per diem, through
the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and
for foreclosure and sale of the mortgaged property.
Dated: 0, zz)o
SAIDIS, SNUFF, FLOWER & LINDSAY
By:
nna J. ec , squire
upreme Court ID #53147
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
4
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
FARMERS NATIONAL BANK
OF NEWVILLE
v
HOWARD F. GIBBS AND
LINDA L. GIBBS
Plaintiff
Defendant(s)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
VERIFICATION
I verify that statements made in this Complaint are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.
Date:
B)
5
ALL that certain tract of mountain land, with improvements, situate in Lower Frank-
ford Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a black oak at corner between lands formerly of Ulrich and John Bear,
now or formerly of Gayman; thence by the latter South 1} degrees West sixty-five
perches to stones; thence by lands now or formerly of Samuel A. Shambaugh, et ux,
North seventy-four degrees West thirty-two perches to a point; thence by lands now
or formerly of Markley, North ten degrees East seventy-one and five-tenth perches
to a point; thence along lands now or formerly of Miller, South fifty-six degrees
East twenty perches to the place of BEGINNING. Containing eleven acres and thirty
perches strict measure.
BEING the same premises conveyed by deed of G. Clair Phillips, Jr., et al, dated
January 18, 1992 and intended to be recorded in the Office of the Recorder of Deeds
of Cumberland 'County, Pennsylvania, to Howard F. Gibbs and Linda L. Gibbs, his wife,
mortgagors herein.
which has the address of
PA 17013 (herein "Property Address");
(State and Zip Code)
Ba% 1045 PAcE 1053
EXHIBIT A -,
( S. 14
RECORDED-OFFICE OF THE
RECORDER OF DEEDS
MORTGAGE CUMBERLAND COUNTY-PA.
THIS MORTGAGE is made this 3rd day of RQ 4 PM 1192955, between
the MORTGAGOR, HOWARD F. GIBBS and LINDA L. GIBBS, his wife ,
(herein "Borrower"), and the Mortgagee, FARMERS NATIONAL BANK, 1 West Big Spring
Avenue, Newville, Pennsylvania, 17241, (herein "Lender").
WHEREAS, Borrower is indebted to Lender in the principal sum of Eighty
Thousand and 00/100 ($80,000.00) Dollars, which indebtedness is
evidenced by Borrower's note dated February 3, 1992 (herein "Note"),
providing for monthly installments of principal and interest, with the balance
of the indebtedness, if not sooner paid, due and payable on February 3, 2017 ;
TO SECURE TO LENDER (a) the repayment of the indebtedness evidenced by the
Note, with interest thereon, the payment of all other sums, with interest
thereon, advanced in accordance herewith to protect the security of this
Mortgage, and the performance of the covenants and agreements of Borrower
herein contained, and (b) the repayment of any future advances, with interest
thereon, made to Borrower by Lender pursuant hereto (herein "Future Advances"),
Borrower does hereby mortgage, grant and convey to Lender the following
described property located in the County of Cumberland State of
Pennsylvania:
ALL that certain tract of mountain land, with improvements, situate in Lower Frank-
ford Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a black oak at corner between lands formerly of Ulrich and John Bear,
now or formerly of Gayman; thence by the latter South 1} degrees West sixty-five
perches to stones; thence by lands now or formerly of Samuel A. Shambaugh, at ux,
North seventy-four degrees West thirty-two perches to a point; thence by lands now
or formerly of Markley, North ten degrees East seventy-one and five-tenth perches
to a point; thence along lands now or formerly of Miller, South fifty-six degrees
East twenty perches to the place of BEGINNING. Containing eleven acres and thirty
perches strict measure.
BEING the same premises conveyed by deed of G. Clair Phillips, Jr., et al, dated
January 18, 1992 and intended to be recorded in the Office of the Recorder of Deeds
of Cumberland County, Pennsylvania, to Howard F. Gibbs and Linda L. Gibbs, his wife,
mortgagors herein.
which has the address of 99 Topview Road
PA 17013 (herein "Property Address");
(State and Zip Code)
BOOK 1045 fAGE 1053 EXHIBIT 0 --
N
TOGETHER with all the improvements now or hereafter erected on the
property, and all easements, rights, appurtenances, rents, royalties, mineral,
oil and gas rights and profits, water, water rights, and water stock, and all
fixtures now or hereafter attached to the property, all of which, including
replacements and additions thereto, shall be deemed to be and remain a part of
the property covered by this Mortgage; and all of the foregoing, together with
said property are herein referred to as the "Property".
Borrower covenants that Borrower is lawfully seized of the estate hereby
conveyed and has the right to mortgage, grant and convey the Property, that the
Property is unencumbered, and that Borrower will warrant and defend generally
the title to the Property against all claims and demands, subject to any
declarations, easements or restrictions listed in a schedule of exceptions to
coverage in any title insurance policy insuring Lender's interest in the
Property, or any certificate of title certifying Lender's interest in the
Property.
TO HAVE AND TO HOLD the same unto and for the use of Lender, its successors
and assigns, forever.
PROVIDED, however, that if the said Borrower shall pay and perform,
according to the conditions hereof and said Note, everything to be paid and
performed as aforesaid, then the estate hereby conveyed and granted shall become
null and void.
BORROWER AND LENDER covenant and agree as follows:
ADDITIONAL ADVANCES. The Mortgage and the lien thereof shall be security
not only for the original indebtedness evidenced by the accompanying Note, but
also for any other sums that may be loaned or advanced by Lender to the Borrower
at any time or times hereafter.
PAYMENT OF TAXES, INSURANCE PREMIUMS AND OTHER CHARGES. From time to time,
until the debt and interest are fully paid, Borrower shall pay and discharge,
when and as the same shall become due and payable, all taxes, assessments, sewer
and water rents, and all other charges and claims assessed or levied by any
lawful authority upon any part of the Property; pay all ground rents reserved
from the Property and pay and discharge all mechanics' liens which may be filed
against said Property and which shall or might have priority in lien or payment
to the debt secured hereby; provide, renew and keep alive such policies of
hazard and liability insurance as Lender may from time to time require upon the
buildings and improvements now or hereafter erected upon the Property, with loss
payable clauses in favor of Lender as its interest may appear.
The insurance carrier providing the insurance shall be chosen by Borrower
subject to approval by Lender; provided, that such approval shall not be
unreasonably withheld. All premiums on insurance policies shall be paid by
Borrower making payment, when due, directly to the insurance carrier.
All insurance policies and renewals thereof shall be in form acceptable to
Lender and shall include a standard mortgage clause in favor of and in form
acceptable to Lender. Lender shall have the right to hold the policies and
BBBK JOA5 PAGE 1054-
P
z
renewals thereof, and Borrower shall promptly furnish to Lender all renewal
notices and all receipts of paid premiums. In the event of loss, Borrower shall
give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds
shall be applied to restoration or repair of the Property damaged, provided such
restoration or repair is economically feasible and the security of this Mortgage
is not thereby impaired. If such restoration or repair is not economically
feasible or if the security of this Mortgage would be impaired, the insurance
proceeds shall be applied to the sums secured by this Mortgage, with the excess,
if any, paid to Borrower. If the Property is abandoned by Borrower, or if
Borrower fails to respond to Lender within 30 days from the date notice is
mailed by Lender to Borrower that the insurance carrier offers to settle a claim
for insurance benefits, Lender is authorized to collect and apply the insurance
proceeds at Lender's option either to restoration or repair of the Property or
to the sums secured by this Mortgage.
Unless Lender and Borrower otherwise agree in writing, any such application
of proceeds to principal shall not extend or postpone the due date of the
monthly installments hereof or change the amount of such installments. If the
Property is acquired by Lender, all right, title and interest of Borrower in and
to any insurance policies and in and to the proceeds thereof resulting from
damage to the Property prior to the sale or acquisition shall pass to Lender to
the extent of the sums secured by this Mortgage immediately prior to such sale
or acquisition.
MAINTENANCE OF MORTGAGED PROPERTY. Borrower shall maintain all buildings
and improvements subject to this Mortgage in good and substantial repair as
determined by Lender. Lender shall have the right to enter upon the mortgaged
premises at any reasonable hour for the purpose of inspecting the order,
condition and repair of the building or buildings erected thereon.
NONPAYMENT OF TAXES, INSURANCE, OTHER CHARGES, AND COST OF REPAIRS. In the
event Borrower neglects or refuses to pay the taxes, insurance premiums or other
charges above mentioned, within 30 days after the same become due and payable,
or fails to maintain the buildings and improvements as aforesaid, then the
Lender may, at is option but without any obligation to do so, advance the sums
required and add any amounts so advanced to the principal debt secured hereby,
and collect the same as a part of the principal debt.
Any amounts disbursed by Lender pursuant hereto, with interest thereon,
shall become additional indebtedness of Borrower secured by this Mortgage.
Unless Borrower and Lender agree to other terms of payment, such amounts shall
be payable upon notice from Lender to Borrower requesting payment thereof, and
shall bear interest from the date of disbursement at the rate payable from time
to time on outstanding principal under the Note unless payment of interest at
such rate would be contrary to applicable law, in which event such amounts shall
bear interest at the highest rate permissible under applicable law. Nothing
contained herein shall require Lender to incur any expense or take any action
hereunder.
TRANSFER OR ENCUMBRANCE OF MORTGAGED PROPERTY. Borrower agrees not to
tooK 1045 ?AGE 1055
transfer legal or equitable title to the mortgaged Property unless the Lender
consents in writing to such transfer. A transfer to the survivor or devisees or
heirs of the Borrower in the event of the Borrower's death shall. not come within
the prohibition of the foregoing sentence. Borrower also covenants and agrees
not to create, nor permit to accrue, upon all or any part of the mortgaged
Property, any debt, lien or charge which would be prior to, or on a parity with,
the lien of this Mortgage. PROHIBITION AGAINST TRANSFER OF TITLE TO MORTGAGE
PROPERTY CONTAINED HEREIN SHALL BE APPLICABLE TO THE TRANSFER OF EQUITABLE AS
WELL AS LEGAL TITLE WHETHER BY DEED, ARTICLES OF AGREEMENT, CONTRACT FOR DEED,
OPTION OR OTHERWISE EXCEPT FOR SUCH AGREEMENTS OF SALE FOR PURPOSES OF CONVEYING
LEGAL TITLE WITHIN 180 DAYS OF EXECUTION OF SUCH AGREEMENT OF SALE. UPON ANY
TRANSFER IN.VIOLATION OF THIS PROVISION, LENDER SHALL HAVE THE OPTION OF
ACCELERATING THE MATURITY OF THE ENTIRE UNPAID BALANCE OF INDEBTEDNESS.
CONDEMNATION. The proceeds of any award or claim for damages, direct or
consequential, in connection with any condemnation or other taking of the
Property, or part thereof, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be
applied to the sums secured by this Mortgage, with the excess, if any, paid to
Borrower. In the event of a partial taking of the Property, unless Borrower and
Lender otherwise agree in writing, there shall be applied to the sums secured by
this Mortgage such proportion of the proceeds as is equal to that proportion
which the amount of the sums secured by this Mortgage immediately prior to the
date of taking bears to the fair market value of the Property immediately prior
to the date of taking, with the balance of the proceeds paid to Borrower.
If the Property is abandoned by Borrower, or if, after notice by Lender to
Borrower that the condemnor offers to make an award or settle a claim for
damages, Borrower fails to respond to Lender within 30 days after the date such
notice is mailed, Lender is authorized to collect and apply the proceeds, at
Lender's option, either to restoration or repair of the Property or to the sums
secured by this Mortgage.
Unless Lender and Borrower otherwise agree in writing, any such application
of proceeds to principal shall not extend or postpone the due date of the
monthly installments hereof or change the amount of such installments.
REMOVAL OR ALTERATION OF IMPROVEMENTS. Borrower agrees not to remove,
demolish or make any substantial alterations to any improvements now or
hereafter on the mortgaged Property unless Lender consents in writing thereto.
BORROWER NOT RELEASED. Extension of the time for payment or modification
of amortization of the sums secured by this Mortgage granted by Lender to any
successor in interest of Borrower shall not operate to release, in any manner,
the liability of the original Borrower and Borrower's successors in interest.
Lender-shall not be required to commence proceedings against such successor or
refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Mortgage by reason of any demand made by the original Borrower
and Borrower's successors in interest.
FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by Lender in
exercising any right or remedy hereunder, or otherwise afforded by applicable
BOOK1.045 PnE1058
4
law, shall not be a waiver of or preclude the exercise of any such right or
remedy. The procurement of insurance or the payment of taxes or other liens or
charges by Lender shall not be a waiver of Lender's right to accelerate the
maturity of the indebtedness secured by this Mortgage.
REMEDIES CUMULATIVE. All remedies provided in this Mortgage are distinct
and cumulative to any other right or remedy under this Mortgage or afforded by
law or equity, and may be exercised concurrently, independently or successively.
NOTICE. Except for any notice required under applicable law to be given in
another manner, (a) any notice to Borrower provided for in this Mortgage shall
be given by mailing such notice by certified mail addressed to Borrower at the
Property Address or at such other address as Borrower may designate by notice to
Lender as provided herein, and (b) any notice to Lender shall be given by
certified mail, return receipt requested, to Lender's address stated herein or
to such other address as Lender may designate by notice to Borrower as provided
herein. Any notice provided for in this Mortgage shall be deemed to have been
given to Borrower or Lender when given in the manner designated herein.
PURCHASE MONEY MORTGAGE. If all or part of the sums secured by this
Mortgage are lent to Borrower to acquire title to the Property, this Mortgage is
hereby declared to be a purchase money mortgage.
BORROWERS hereby certify that there are no divorce proceedings in any
jurisdiction affecting the ability of either of them to enter into this
mortgage.
GOVERNING LAW. This mortgage shall be governed by the law of Pennsylvania
(except as superseded by Federal Law or Regulation). The terms of this Mortgage
and the Note are hereby declared to be severable and the invalidity of any such
provision shall not invalidate the remaining provisions.
ASSIGNMENT OF RENTS. Borrower assigns and transfers unto Lender any and
all rents from the mortgaged Property, and authorizes the Lender, at any time
there is a default under the Mortgage or accompanying Note, to take possession
of, rent, repair and operate said premises and, after deducting all costs of
collection, operation, repairs and administration, to apply the balance of the
rents received on account of the obligation of the Borrower, Lender shall have
full power to lease or renew leases upon such terms and conditions as to Lender
may seem proper or desirable.
ACCELERATION OF MATURITY AND FORECLOSURE PROCEEDINGS UPON DEFAULT. In case
default be made by the Borrower in the payment of any installment of principal,
interest or other sums payable under the terms of this Mortgage or the
accompanying Note, or in the event of a breach by the Borrower of any of the
other obligations, covenants, conditions and agreements set forth in this
Mortgage or in the accompanying Note, which said default or breach shall
continue for more than thirty (30) days, then and in such case the entire unpaid
balance of the indebtedness, including advances and all other sums paid by the
Lender in accordance with the terms of this Mortgage or the accompanying Note,
together with unpaid interest thereon, shall, at the option of the Lender, and
without notice, (except as may be required by then applicable law), become
immediately due and payable, and foreclosure proceedings may be brought
BOOK 1045 PACE 1057
5
forthwith on the Mortgage or legal action may be commenced on the accompanying
Note and prosecuted to judgment, execution and sale for the collection of the
same, together with costs of suit and an attorney's commission for collection of
ten per centum of the total indebtedness or two hundred fifty dollars, whichever
is the larger amount. Borrower hereby forever waives and releases all errors in
said proceedings, waives stay of execution, the right of inquisition, and
extension of time of payment, agrees to condemnation of any property levied upon
by virtue of any such execution, and waives all exemptions from levy and sale of
any property that now is or hereafter may be exempted by law.
SUCCESSOR INTERESTS. The obligations, covenants, conditions and agreements
contained in this Mortgage and the accompanying Note shall be binding upon, and
the benefits thereof shall inure to, the respective parties hereto and their
respective personal representatives, heirs, successors and assigns.
PARAGRAPH HEADINGS. Paragraph headings in this instrument are for
convenient reference only, and it is agreed that they shall not be deemed
controlling in the interpretation hereof.
PROVIDED, HOWEVER, that if the Borrower shall pay all of the aforesaid
indebtedness, interest and other amounts which may be owing hereunder or under
the accompanying Note, and shall fully perform all the covenants, conditions and
agreements set forth or incorporated herein and in said Note, then this Mortgage
shall be void and released at the expense of the Borrower, and the estate hereby
granted and conveyed shall be void.
WITNESS the due execution hereof the day and yea`r'f?t 4bove written.
SIGNED, SEALED AND DELIVERED -(SEAL)
Howard F. Gibbs
(SEAL)
A4AL 641 (SEAL)
t
indL ' a L. Gibbs
(SEAL)
BODK 105 PACE 1058
6
IN THE PRESENCE OF:
COMMONWEALTH OF PENNSYLVANIA :
as:
COUNTY OF MMMMOM
PERRY
On this, the 3rd day of February , A.D. 1992 , before me
the undersigned officer, personally appeared
satisfactorily proven to be the person(s)
whose name(s) subscribed to the within instrument and acknowledged that
executed the same for the purposes therein contained.
TN WITNESS WHEREOF, I hereunto set my hand and official seal.
:. `? :? =a,'?,.'•., 1? (SEAL)
ty '........., .6iff s oTAaw? sEa?
% r ?' ,`hU ytiC? WAWA S. FRITZ, Notary Public
`.
1 ;; s + Sloomfield Boro, Pevry Cowry
Commission ssion Ex Tres Febnix ?5, 7995 Title of Officer
My Commission Expires
CERTIFICATE OR RESIDENCE
I certify that the precise place of business and complete post office
address of Mortgagee is 1 West Big Spring Avenue, Newville, Penna. 17241.
Agent for Mora a
5,atc of Pennsylvania ? SS
Cou^ty of Cum berland
Recorded in the office for the recording of Deeds
Nt . in and for Cumberland Countylb-53-
witness Pa.
G BookIlL Vol. - Page my hand d seal of officeyf
Carlisle, PA this _dayoff:0lg-'Tz-•
r4,Ae, ec er p?
7 eocK 1045 PACE 1059
MORTGAGE NOTE
$ 80 000.00 ,_-
Newville, Pennsylvania
February 03 1992
FOR VALUE RECEIVED, 1/we, _Howard F. and-Linda L. Gibbs _______________ of
99 Tnncipw Rd.. Carli_ la,_PA 1701 (hereinafter, whether one or more, called "BORROWER")
promise to pay to the order of FARMERS NATIONAL BANK, its successors or assigns, (hereinafter whether
one or more called "BANK" or "NOTE HOLDER"), of 1 West Big Spring Avenue, Newville. Pennsylvania,
17241, in lawful money of the United States of America, the principal sum of
Fi ghhtTi_?rnigentl ($Rn.nnn.0o ) Dollars and any additional moneys loaned or advanced
by any holder hereof as hereinafter provided, together with interest thereon at the rate of N'ne .5iNty eight
percent per annum, payable in equal monthly installments of principal and interest of and 96,11 no
-
($698 46 ) Dollars each, beginning on the 03rd day of March , 19-9-2-and
monthly thereafter until the entire outstanding balance of principal and accrued interest is fully paid, except
that any remaining principal and accrued interest shall be due and payable in full upon demand by and at the
option of the note Holder at any time after Twenty Fig ?Te (5 ) year(s) from the date hereof, with
payments thereon being applied first on account of interest accured and the balance thereof on account of
reduction of principal; with the privilege to repay at any time or times the entire balance of principal or any part
thereof but not less than one (1) installment of principal reduction and with all or any such prepayment (s)
being credited to principal reduction and not on account of monthly payment(s) next due.
This Note shall evidence, and the mortgage given to secure its payment, shall cover and be security for any
future loans or advances that may be made fo or on behalf of the Borrower by any holder hereof at any time or
times hereafter and intended by the borrower and the then holder to be so evidenced and secured as well as
any sums paid by any other holder hereof pursuant to the terms of said Mortgage and any such loans,
advances or payments shall be added to and shall bear interest at the same rate as the principal debt.
In case default be made for the space of thirty (30) days in the payment of any installments of principal, or
interest, or in the performance by the Borrower of any of the other obligations of this Note or said Mortgage,
the entire unpaid balance of the principal debt, additional loans or advances and all other sums paid by any
holder to or on behalf of the Borrower pursuant to the terms of this Note or said Mortgage, together with
unpaid interest thereon, shall at the option of the holder and without notice become immediately due and
payable, and one or more executions may forthwith issue of any judgments obtained by virtue hereof; and no
failure on the part of any holder hereof to exercise any of the rights hereundershall be deemed a waiverof any
such rights or of any default hereunder.
The Note Holder may exercise this option to accererate during any default by Borrower regardless of any
prior forbearance. If shit is brought to collect this Note, the Note Holder shall be entitled to collect all
reasonable costs and expenses of suit, including, but not limited to, reasonable attorney'sfees, which shall be
not less than the greater of ten (10%) percent of the total outstanding indebtedness or Two Hundred Fifty
($250.00) Dollars. ** .50t the first day/ .20C each additional days
Borrowers shalt pay to the Note Holder a late charge of each for each day that any monthly
installment is not received by the Note Holder on or before the day said installement is due.
Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors, and
endorsers hereof. This Note shall be the joint and several obligation of all makers, sureties, guarantors and
endorsers, and shall be binding upon them and their successors and assigns.
Any notice to Borrower provided for in this Note shall be given by mailing such notice be certified mail
addressed to Borrower at the Property Address stated below, or such other address as Borrower may
designate by notice to the Note Holder. Any notice to the Note Holder shall be given by mailing such notice
certified mail, return receipt requested, to the Note Holder at the address stated in the first of this Note, or such
other address as may have been designated by notice to Borrower.
This obligation shall bind the Borrower and Borrower's heirs, executors, administrators, successors and
assigns, and the benefits hereof shall inure to the Note Holder hereof and its successors and assigns.
The indebtedness evidenced by this note is secured by a Mortgage dated 02-03-92 , and
reference is made to the Mortgage for rights as to acceleration of the mclebtedn s evidenced by this Note.
99 Top.View Rd. -(SEAL)
Howard F. Gibb
Carlisle, PA. 17013 /f
Property Address ??Z« t,2(SEAL)
L nda L. Gibbs'
Borrower
(SEAL)
EXb11BIT C
JAj? 2 0 20
®f
ACT 91 / 6 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date: April 26, 2000
To: Howard F. Gibbs
99 Topview Road
Carlisle, PA 17013
'b'(`?s,
99 Topview Road
Carlisle, PA 17013
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO
SAVE YOUR HOME. This Notice explains how the program works,
To see if HEMAP 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 the
counseling agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County are
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, PLIES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
STATEMENTS OF POLICY
Homeowner's Name(s):
Property address:
Loan / Account number:
Original Lender:
Current Lender ( Servicer
Howard F. Gibbs Linda L. Gibbs
99 Topview Road
Carlisle, PA 17013
26315
Farmers National Bank of Newville
Farmers National Bank of Newville
EXHIBIT 0 --
HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE -ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE.
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at
the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT"EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit
counseling agencies listed at the end 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 County in which the property is located are set forth at the
end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender
immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reason set forth
later in this Notice (see following pages for specific information about the nature of your default.) If you
have tried and are unable to resolve this problem with the lender, you have the right to apply for financial
assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your
application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If 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 tender on your property located
at: Insert Property Address IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: Start/End: January 20, 2000 thru April 20, 2000 at $698.96 per
month
Monthly Payments Plus Late Charges Accrued $ 2,900.69
NSF: $ n/a
Inspections: $ We
Other $ n/a
(Suspense) $ nla
Total amount to cure default $ 2,900.69
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 $2,900.69, PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY
(30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money
order made payable and sent to: James E. Showvaker, Farmers National Bank of Newville, One Big
Spring Avenue, Newville, PA 17241 (717) 776 - 5312.
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. This means
the entire outstanding balance of this debt will be considered due immediately and you may lose the
chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to
foreclose upon your mortgage property.
IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorney, 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 owed to 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 you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within
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 Sheriffs Sale You may do so by paving
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 any other costs connected with the Sheriffs 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.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs
Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of
this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER: Farmers National Bank of Newville, One Big Spring Avenue,
Newville, PA 17241, James Showvaker (717) 776 - 5312.
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE - You _ -may or _X_ may not (check one) sell or transfer your
home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and cost are paid prior to or at the sale and that. the other
requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED.
Very truly yours,
SAIDIS -SRUB_MASJ?AND
Johr?aa J. Dail Esquire
cc: James E. Showvaker (Account no.26315)
Mailed by 111 Class mail / Certificate of Mailing and Certified Mail No.: Z 332 881 557
II PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENICIES
THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342-2397
CUMBERLAND COUNTY
Consumer Credit Counseling Service of Western Pennsylvania, Inc
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Services Unlimited
117 West 3"' Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
25 North Front Street
Harrisburg, PA 17101
(717) 234-5925
FAX # (717) 2324985
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX # (717) 243-3948
A
5
ACT 91 / 6 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date: April 26, 2000
To: "` ` F-,Gibbs Linda L. Gibbs
99 Topview Road 99 Topview Road
Carlisle, PA 17013 Carlisle, PA 17013
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.
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 paqes.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO
SAVE YOUR HOME. This Notice explains how the program works.
To see if HEMAP 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 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 may 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.
L4 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
STATEMENTS OF POLICY
Homeowner's Name(s):
Property address:
Loan / Account number:
Original Lender:
Current Lender / Servicer
Howard F. Gibbs Linda L. Gibbs
99 Topview Road
Carlisle, PA 17013
26315
Farmers National Bank of Newville
Farmers National Bank of Newville
r
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE.
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at
the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (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
consumer credit counseling agencies for the County in which the property is located are set forth at the
end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender
immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reason set forth
later in this Notice (see following pages for specific information about the nature of your default.) If you
have tried and are unable to resolve this problem with the lender, you have the right to apply for financial
assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your
application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
-.x
I oil
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: Insert Property Address IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: StarVEnd: January 20, 2000 thru April 20, 2000 at $698.96 per
month
Monthly Payments Plus Late Charges Accrued $ 2,900.69
NSF: $ n/a
Inspections: $ n/a
Other $ n/a
(Suspense) $ n/a
Total amount to cure default $ 2,900.69
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 $2,900.69, PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY
(30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money
order made Payable and sent to: James E. Showvaker, Farmers National Bank of Newville, One Big
Spring Avenue, Newville, PA 17241 (717) 776 - 5312.
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. This means
the entire outstanding balance of this debt will be considered due immediately and you may lose the
chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to
foreclose upon your mortgage property.
IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay
off the mortgage debt. If the lender refers your case to its attorney, 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 owed to 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 you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within
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 Sheriffs Sale You may do so by paying
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.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs
Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of
this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER: Farmers National Bank of Newville, One Big Spring Avenue,
Newville, PA 17241, James Showvaker (717) 776 - 5312.
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE - You may or _X_ may not (check one) sell or transfer your
home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED.
Very truly yours,
SAIDIS,_S?__FMiJ _F_S?.INA$?AAFD
John J. ill squire
cc: James E. Showvaker (Account no.26315)
Mailed by 1•` Class mail / Certificate of Mailing and Certified Mail No.: Z 332 881 558
4
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENICIES
THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342-2397
CUMBERLAND COUNTY
Consumer Credit Counseling Service of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Services Unlimited
117 West 3' Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
25 North Front Street
Harrisburg, PA 17101
(717) 234-5925
FAX # (717) 232-4985
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX # (717) 243-3948
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BE 1 l AN 03AI3338
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Receivr
SAIDIS, SHUFF & MASLAND
- 26 West High Street -
,arlisle PA 17013-2956
One piece of ordinary mail addressed to:
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Howard F Gibbs
99 Topview Road US 2° m t t + +
Carlisle PA 17013
PS Form 3817, Mar. 1989
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US Postal Service
--- Receipt for Certified Mail
stamps
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cite of
current Howard F Gibbs
99 Topview Road
Carlisle PA 17013
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Postage $ , 55
Certified Fee 1.40
Special Delivery Fee
Restricted Delivery Fee 2715
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Johnna J. Kopecky, Esquire
ID # 53147
SAIDIS, SHUFF, FLOWER & LINDSAY
26 West High Street
Carlisle, PA 17013-2956
717-243-6222
FARMERS NATIONAL BANK
OF NEWVILLE
Plaintiff
HOWARD F. GIBBS AND
LINDA L. GIBBS
Defendant(s)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-4626 Civil Term
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
PRA IP FORDEFAULT I In .M NT
TO THE PROTHONOTARY:
Please enter a judgment by default in favor of the Plaintiff and against the Defendant(s) for failure
to Answer the Complaint in the amount of seventy-four thousand eight hundred twenty-six and 86/100
Dollars ($74,823.86) Dollars, plus interest at $16.79 per diem and costs and for foreclosure and sale of the
mortgaged premises. I certify the Ten (10) Day Notice of Entry of Default pursuant to Rule 237.1 was
mailed U. 5 First Class mail postage prepaid and is attached hereto as Exhibit "A".
Respectfully submitted,
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORMYS•AT•LAW
26 W. High Street
Carlisle, PA
SAIDIS, SHUFF, FLOWER & LINDSAY
Dated: September 14, 2001 `
By:
nna J. opecky, ' e
Attorne for the Plaintiff
Prothonotary
AND NOW, this )3?day of $P4' 2001 a defaultjudgment has been entered in the amount of
seventy-four thousand eight hundred twenty-six and 86/100 Dollars ($74,823.86) Dollars, plus interest at
$16.79 per diem and costs and for foreclosure and sale of the mortgaged premises.
. JDJY?¢
Prothonotary
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Johnna J. Kopecky, Esquire
ID # 53147
SAIDIS, SHUFF, FLOWER & LINDSAY
26 West High Street
Carlisle, PA 17013-2956
717-243-6222
FARMERS NATIONAL BANK
OF NEWVILLE
Plaintiff
HOWARD F. GIBBS AND
LINDA L. GIBBS
Defendant(s)
TO:
Howard F. Gibbs
99 Topview Road
Carlisle PA 17013
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-4626. Civil Term
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
You are hereby notified that on See4 16t
2001, the following Judgment has been entered against you in the above-captioned case.
SAIDIS
S O HUFF ROWER
26 W. High Street
Carlisle, PA
Date: 9 - /3- 0 /
o
Prothonotary
I hereby certify that the name and address of the proper person to receive this notice is:
Howard F. Gibbs
99 Topview Road
Carlisle PA 17013
o ?/na opec quire
Johnna J. Kopecky, Esquire
ID # 53147
SAIDIS, SHUFF, FLOWER & LINDSAY
26 West High Street
Carlisle, PA 17013-2956
717-243-6222
FARMERS NATIONAL BANK
OF NEWVILLE
Plaintiff
HOWARD F. GIBBS AND
LINDA L. GIBBS
Defendant(s)
TO:
Linda L. Gibbs
99 Topview Road
Carlisle PA 17013
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 014626 Civil Term
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
You are hereby notified that on SePtem b4zr 13, a OO i
2001, the following Judgment has been entered against you in the above-captioned case.
SAIDIS
S & FFI 1i FLFLOW SAY
26 W. High Street
Carlisle, PA
Date: 9- 13- o ]
at°ur 0
Prothonotary
I hereby certify that the name and address of the proper person to receive this notice is:
Linda L. Gibbs
99 Topview Road
Carlisle PA 17013
Joh J. K ecky, Esqu'
Johnna J. Kopecky, Esquire
ID # 53147
Saidis, Shuff, Flower & Lindsay
26 West High Street
Carlisle, PA 17013-2956
717-243-6222
FARMERS NATIONAL BANK
OF NEWVILLE
Plaintiff
v
HOWARD F. GIBBS AND
LINDA L. GIBBS
Defendant(s)
TO: Howard F. Gibbs
99 Topview Road
Carlisle PA 17013
DATE OF NOTICE: August 30, 2001
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF
YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS 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 LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717 -249 -3166
U.S. POSTAL SERVICE CFRTIFICOTF nP MAII IIJr:
SAIDIS
SIIUFF, FLOWER
& LINDSAY
.. ATTURNM-AT•fAW
26 W. High street
Carlisle, PA
I De oscu rurc UOMESTIC AND INTERNATIONAL MAIL, DOES NOT 7 Pos
)VIDE FOR INSURANCE-POSTMASTER P.E3
\
Received From: Law Offices fed
Saidis, Shuff, Flower & Li a
26 West High Set Carlisle PA 17 41: t.ra
One piece of ordinary mail atltlressetl to:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-4626 Civil Term
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
Howard F Gibbs A,
99 Topview Road,
Carlisle PA 17013
PS Form 3817, January 2001
s I
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Johnna J. Kopecky, Esquire
10 # 53147
Saidis, Shuff, Flower & Lindsay
26 West High Street
Carlisle, PA 17013.2956
717-243-6222
FARMERS NATIONAL BANK
OF NEWVILLE
v
Plaintiff
HOWARD F. GIBBS AND
LINDA L. GIBBS
Defendant(s)
TO: Linda L. Gibbs
99 Topview Road
Carlisle PA 17013
DATE OF NOTICE: August 30, 2001
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-4626 Civil Term
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF
YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS 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 LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
SAIDIS
SLUFF; FLOWER
& LINDSAY
ATrORNEYS•AT-LAW
26 W. High Street
Carlisle, PA
U.S. POSTAL SERVICE CERTIFICATE OF MAILI
AAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT
Received From: Law Offices
Saidis, Shuff, Flowe
26 West High,S
Carlisle PA 17,01;
1i
v
One piece of ordinary mail addressed to:
Linda L Gibbs
99 Topview Road
Carlisle PA 17013
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II PS Form 3817, January 2001 -
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Johnna J. Kopecky, Esquire
ID # 53147
Saidis, Shuff, Flower & Lindsay
26 West High Street
Carlisle PA 17013-2956
Telephone no.: 717-243-6222
Fax no.: 717-243-6486
e-mail: ikopecky(ai7ssfl-law.com
FARMERS NATIONAL BANK
OF NEWVILLE
Plaintiff
HOWARD F. GIBBS AND
LINDA L. GIBBS
Defendant(s)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-4626 Civil Term
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
PRAECIPE TO SATISFY AND DISCONTINUE
Plaintiff, Farmers National Bank of Newville obtained a judgment in mortgage foreclosure against
SAIDIS
SHUFF, FLOWER
& LINDSAY
defendant(s) Howard F. Gibbs and Linda L. Gibbs, his wife, on or about September 10th, 2001.
Subsequent to the entry of such judgment but prior to sheriffs sale, the Defendant(s) cured the default,
which resulted in the commencement of this action and the judgment herein. To effectuate the purpose of
Act 6 of 554, Plaintiff directs the Prothonotary to Satisfy and Discontinue the judgment described above,
without prejudice to the continuing validity and lien priority of the mortgage.
Dated: June 24, 2002
na J. ecky,
orn6 f Plainti
26 W. High Street
Carlisle, PA
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