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HomeMy WebLinkAbout01-05669IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW nI/~, ADAMS COUNTY NATIONAL BANK, No. ©) - S`~.q `IOL~ successor by merger to Farmers National Bank, Plaintifiy vs. Jacob A Quatrara and Cazol A. Quatrara, Defendants. To: Jacob A. Quatrara and Carol A. Quatraza, Defendants NOTICE Action in Mortgage Foreclosure 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 complairn and notice are served, by emering 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 Plaimiff, 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 Telephone Number: 717-249-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defendersee de las quejas expuestas en las paginas siguiemes, debe tomaz action dentro de veinte (20) dies a partir de 1a fecha en que recibi6 la demands y el aviso. Usted debe presenter comparecencia escrita en persona o por abogado y presenter en la Corte por escrito sus defenses o sus objeciones a las demandas en su contra Se le auisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mss aviso o notification por cualquier dinero reclamado en al demands o por cualquier otra queja o compensacibn reclamados por el Demandante. USTED PUEDE PERDER DINERQ O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMF,DIATAMEN'I'E. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Cazlisle, PA 17013 Telephone Number: 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO1iJNTY, PENNSYLVANIA CIVIL ACTION- LAW ADAMS COUNTY NATIONAL BANK, successor by merger to Farmers National Bank, Plaintiff, No.91-5- c_,_. of -s~Lq (;v;~, l~iu-~ vs. Jacob A. Quatraza and Carol A. Quatrara, Defendants. Action in Mortgage Foreclosure COMPLAINT// tt AND NOW, this ~ day of ~~f/`~/ , 2001, comes the Plaintiff, Adams County National Bank, successor by merger to Farmers National Bank, by its attorneys, Puhl, Eastman & Thrasher, who brings this action in mortgage foreclosure against Jacob A. Quatraza and Carol A. Quatrara, Defendants, whereof the following is a statement: 1. The Plaintiff is Adams County National Bank, successor by merger to Farmers National Bank, Mortgagee, a national banking corporation organized and existing under the laws of Congress relating to national banks, with its main office at 16 Lincoln Squaze, Borough of Gettysburg, Adams County, Pennsylvania 17325. 2. Defendant, Jacob A. Quatraza, is an adult individual who resides at 20 Subdivision Road, Newville, PA 17241. 3. Defendant, Carol A. Quatrara, is an adult individual who resides at 20 Subdivision Road, Newville, PA 17241. 4. Defendants aze not in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 5. On July 9, 1992, the Defendants executed and delivered a mortgage upon real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 1077 at page 179, a copy of said mortgage being attached hereto and marked Exhibit "A." 6. Said mortgage has not been assigned. 7. The real estate is described as follows: ALL that certain tract of land with the improvements thereon erected situate in Upper Mifflin Township, Cumberland County, Pennsylvania, as set forth in a survey prepared for Andrew E. Bonnie, by Carl D. Bert, R.S., dated May 16, 1979 and recorded in Cumberland County Plan Book 37 at page 133, bounded and described as follows: BEGINNING at a point in Township Road T-397 marked by an existing railroad spike in corner of Lot No. 24B; thence along Lot No. 24B, South 36 degrees 13 minutes 50 seconds East 369.97 feet to an iron pin in comer of Lot No. 24$ and land now or formerly of Andrew E. Bonnie; thence along lands now or formerly of Bonnie, South 14 degrees 11 minutes 37 seconds West 71.91 feet to an existing iron pin in corner of lands now or formerly of Andrew E. Bonnie and lands now or formerly of Erwin B. Wiser; thence along lands now or formerly of Erwin B. Wiser, North 57 degrees 20 minutes 46 seconds West 400.00 feet through an existing iron pin 25.32 feet from property corner to an existing railroad spike in Township Road T-397; thence along Township Road T-397 running parallel with lands now or formerly of Paul A. Wickard, North 41 degrees 42 minutes 25 seconds East 204.03 feet to an existing railroad spike, the point and place of BEGINNING. CONTAINING 50,550 SQUARE FEET. BEING Lot No. 24A as shown in Plan for Andrew E. Bonnie. Being improved with a brick and vinyl siding ranch house and known and numbered as Subdivision Road, Newville, Pennsylvania. AND BEING premises conveyed by Bryant G. Minnick and Donna K. Minnick, husband and wife, unto Kevin L. Yeakley and Delta Yeakley, husband and wife, Grantors herein, by deed dated September 4, 1991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "H," Vol. 35, Page 451. AND ALSO BEING the same premises conveyed by deed dated July 9, 1992 from Kevin L. Yeakley and Delta Yeakley, his wife, to Jacob A. Quatrara and Carol A. Quatrara, his wife, the Mortgagors herein. 8. The said mortgage is in default in that a partial payment of principal and interest in the amount of $593.47 is due for May 9, 2001 and the monthly payments of principal and interest amounting to $608.98 each, which have become due and payable on June 9, 2001, and on the 9th day of each month thereafter have not been made, and by the terAns of said mortgage upon default in such monthly payments after any such payment is due, the whole of the said mortgage debt and interest shall, at the option of the Plaintiff, become due and payable forthwith. 9. The present owners of the real estate are the Defendarrts. 10. The amount due the mortgagee on the mortgage is computed as follows: (a) Balance of principal $46,192.38 (b) Interest from 4/12/01 to 9/17/01 1,783.27 (c) Attorney's commissions 2,398.78 TOTAL $50,374.43 11. Iit act;ordance wish pYbvisitiirS of At;t 4i of i4o3 gird tict fi of 1774, as aiticitded, Fiaintiff has sent to r7efendants Ngtii;es of Homeowners' Emergency iviortgage r'issistance and Notices of Intention to Foreclose prior to the commencement of the within proceedings. Copies of said Notices and maiiing receipts aze attached hereto and marked Exhibits "B" through "E," respectively. WHEREFORE, Piaintiffdemandsjudgment against the vefendants infihe sum of $50,374.43, plus interest from September 18, 2001, at a per diem of $ i i.b7, and any additional late charges and costs of suit. Respectfuiiy submitted: PUHi., EASTMAN & THRASHER By' Edward G. Puhl, Esquire Attorney for Piaitrti~' 220 Baltimore Street t'iettysburg, PA 17325 (717)334-2159 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ADAMS. John W. Krichten, being duly sworn according to law, does depose and say that he is the Senior Vice President of Adams County National Bank, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this /i~i day of ~" 2001. Notary Public 1 W. Krichten My Commission expires: p NorARiAi sEAe. AMEU H. WEAVER, Notary Pub,S'c Gotlysbur® 0oro, Adams Cou~xy My Commission Expires Mareh 24, 2Q03 MORTGAGE 't~1 THIS MORTGAGE is made this ~ day of ~ '~_, 1992 between the MORTGAGOR, Jacob A. Quatrara and Carol A. Quatrara , (herein "Borrower"), and the Mortgagee, FARMERS NATIONAL BANK, 1 West Big Sprin Avenue, Newville, Pennsylvania, 17241, (herein "Lender"). WHEREAS, Borrower is indebted to Lender in the principal sum of Sixty-nine Thousand Seven Hundred ($69,700.00) Dollars, which indebtedness is evidenced by Borrower's note dated ~,./~~9~ plgZ (herein "Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on ),./~ti g, 20-'7 ; 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: See Attachment Page for legal description. c~ ~; .:~, ,: ~_ :: r:~ f ~` c ci - ;n C9 =_ cv v <> c:+ ,. ~ ~ ~= _, ~ o ~~ C G (» J _ r• 1 O ~~ ~: ~ c= "~ O ,, rn which has the address of R.D. 2 Box 102A _ niPr,,,;>>o _, (Street) (Cir.y) PA, 17241 (herein "Property Address"); (State and Zip Code) !_~ ~"~ BOOKED ~ I PAGE ~7y ~. ,. 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 tPne 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 againaC said Property and which shall or might have priority 1n 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 insuzance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. A~1 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 BOOK ~ O%! PAGE 18O 2 a _ _ _ _ MYI~a9F'~s9,'v.k)C~sb _ k'~sm'~4mTYAF'J"°v_ _ _.iz~sm~~=nr ws~v9';tFfmkDFA3'+53RiTptx~l~.*. sni~l .~"~m •rpabtem~,q 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 Burrower 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 acgL:ired 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 CF 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 BOOK 1 C l% PACE ~ 8 1 3 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 ani Lender otherwise agree in writing, there shall be applied to the sums secured b;y 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 eoo~K 1 r~ i i Pn~E .18 4 ~. a .. - mY~!~y_~aF~FT#i~RR - _ mnF4a._ ~. -,.tee ~,os'nrt"+-n ors ^nnf~sai~p~at~vm<VSa+rc Trw^~a't .; law, shall noC 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 sueh 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, an3 (b) any notice to Lender shall be given by certlfied 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 _'or in this Mortgage shall be deemed to have been given to Borrower or Lender wizen 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 :,re no divorce proceedings in any jurisdiction affecting the ab+_lity of eitF.er of them to enter into this mortgage. GOVERNING LAW. This mor:gage shall he 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 :•aid premises and, after deducting ail costs of collection, operation, repairE 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 ]eases upon such terms and conditions as to Lender may seem proper or desirable. ACCELERATION OF MATURITY AND FORECLOSURE PROCEEDINGS UPON DEFAULT. Ln 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 LO ~ % PAGt 183 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 lndebtedness or two hundred fifty dollars, whichever is the larger amount. Borrower hereby forever waives and releases all errors in 6aid 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 representatlves, heirs, successors and assigns. PARAGRAPH HEADINGS. Paragraph headings in this instrument are for conveniEnt reference only, and it ie 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 year first above written. SIGNID, SEALED AND DELIVERED (SEAL) J cob A. Quatrara IN THE PRESENCE OF: //~~ X A ~Q P~ ~ lQ~h n (SEAL) . u ~ I. a a Carol A. Quatrara (SEAL) (SEAL) euo~ 1'I / % PACE 1 S~ 6 COMMONWEALTH OF PENNSYLVANIA . as: COUNTY OF CUMBERLAND On this, the ~~ day of J k/~ ~ A.D. 19 9Z before me the undersigned officer, personally appeared Jacob A.Quatrara and CarolA.Quatrara satisfactorily proven to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my NOTARIAL SEAL HAh1{LTON C. DAVIS, Nofary Public North Newton Twp., Cumberland Co., Pa. NVy Commission Expires Sept. 22, 7992 My Coum CERTIFICATE OR RESIDENCE I certify that the precise place of business and complete post office address of Mortgagee is 1 West Big Spring Av ue, N illne, P na. 17241. ~ // w /) A ent for ortgagee ~r ;> ¢ ~;, Statil of Pennsylvania 2 ,~ x,~~.~~ f SS ~ ^-~~ t County of Cumberland , t rr~,,F ilacorded in the office for the r ~, et~d for Cumberland Coud(y,, . ° ~ys# ,t ~~~ M' ~Y witness my hand a al of office Carlisle, PA thisdaYof _;, 900K 1O / / PACE ~~7 7 Attachment Page for Mortgage from Jacob A, and Carol A. Quatrara to Farmers National Bank ALL that certain tract of land with the improvements thereon erected situate in Upper Mifflin Township, Cumberland County,Pennsylvania, as set forth in a survey prepared for Andrew E. Bonnie, by Carl D. Bert, R.S., dated May 16, 1979 and recorded in Cumberland County Plan Book 37, Page 133, bounded and described as follows: BEGINNING at a point in Township Road T-397 marked by an existing railroad spike in corner of Lot No. 24B; thence along Lot No. 24B, South thlrty-six (36) degrees thirteen (13) minutes fifty (50) seconds East three hundred sixty-nine and ninety-seven hundredths (369.97) feet to an iron pin in corner of Lot No. 24B and land now or formerly of Andrew E. Bonnie; thence along lands now or formerly of Bonnie, South fourteen (14) degrees eleven (I1) minutes thirty-seven (37) seconds West seventy-one and ninety-one hundredths (71.91) feet to an existing iron pin in corner of lands now or formerly of Andrew E. Bonnie and lands now or formerly of Erwin B. Wiser; thence along lands now or formerly of Erwin B. Wiser, North Eifty-seven (57) degrees twenty (2U) minutes forty-six (46) seconds West four hundred (400.00) feet through an existing iron pin twenty-five and thirty-two hundredths (25.32) feet from property corner to an existing railroad spike in Township Road T-397; thence along Township Road T-397 running parallel with lands now or formerly of Paul A. Wickard, North forty-one (41) degrees forty-two (42) minutes twenty-five (25) seconds East two hundred four and three hundredths (204.03) feet to an existing railroad spike, the point and place of BEGINNING. CONTAINING fifty thousand five hundred fifty (50,550) square feet. BEING Lot No. 24A as shown in Plan for Andrew E. Bonnie:. BEING improved with a brick and vinyl siding ranch house and known and numbered as Subdivision Road, Newville, Pennsylvania. AND BEING premises conveyed by Bryant G. Minnich and Donna K. Minnich, husband and wife, unto Kevin L. Yeakley and Delta Yeakley, husband and wife, Grantors herein, by deed dated September 4, 1991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book'"H", Vol. 35, Page 451. (~ ~ a /~ l s u ~ e ~~,,. ) ~ e t s ~ s s ~-• ~ ~v' r.~,.. c w~ ~~ e c~ h y c~ 2 d ~ ~k ~--t ~ J ~~ r ~ ~ ~ °l ~t Z T'/ v w~ ('C e / , ,~ 1_ 1 ~/( 2 /~ 1'v `C •~ c•^^ ~ ( / ~e~ l~A-- I { t c , ~n ~ 1 e~ ~ ~i S w : 'R ~ 1 ~ 1~' ~ /~'c c1 ~ ['~- . VV~ rnTT ~u ~v'VS i 1C~e ~'~ BOOK 1 O /! PAGE 18~ Date: Aueust 9, 2001 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee on vour home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached poses. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice explains how the proeram 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 with the Counseline Aeencv The name, address and phone number of Consumer Credit Counseline Aeencies servine vour County are listed at the end of this Notice If you have any Questions, you may call the Pennsylvania Housine Finance Aeencv toll free at 1-800-342-2397. (Persons with impaired hearin¢ 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 IMEORTANCIA, PLIES AFECTA SU DERECHO A CONTIlVLJAR VIVIENDO EN SU CASA. SI NO COMERENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION D17NIEDIATAMENTE LLAMANDA' ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIIiA. PUEDES SER ELEGIIiLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDH)A DEL DERECHO A REDINIIIt SU HII'OTECA. HOMEOWNER'S NAME(S): Jacob A. Ouatrara PROPTERY ADDRESS: 20 Subdivision Road. Newville. PA 17241 LOAN ACCOUNT NO.: 7455313 (265991 ORIGINAL LENDER: Farmers National Bank of Newville CURRENT LENDER/SERVICER: Farmers National Bank of Newville 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 1F YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TILE "ACT"), YOU MAY BE ELIGIIiLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIItCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIIiH,ITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. ~~ rma~ 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 azrange 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 (301 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 counseline agencies for the county in which the orouerty 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, 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 meetine. YOU MUST FII.E 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 i[ 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 dtrectly 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 61ed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 20 Subdivision Road. Newville. Upper Mifflin Township. Cumberland County, PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts aze now past due: Montlilv payments of $608.97 due for Mav. June. July and Aueust 2001. plus east due chazees of $18.50. Other chazges TOTAL AMOUNT PAST B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do not use if not applicable): 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 $ 2 454.38 . 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: ADAMS COUNTY NATIONAL BANK P.O. Box 3129 Gettvsbure. PA 17325 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do no[ use if not anplicable.) 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 riehts to accelerate the marteaee debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the 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 stazt legal action to foreclose upon your morteaeed property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage deb[. 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 aze 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 THRTY (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 the THRITY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriff's Sale. You may do so by pavine the total amount then past due, plus anv late or other chazges then due, reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing anv other requirements under the mortgaee. 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 Sheriff's Sale of the mortgaged property could be held would be approximately 3 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 fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Farmers National Bank of Newville Address: One Big Spring Avenue Phone Number: (717) 776-5312 Fax Number: f717) 776-4855 Contact Person: Carolyn H. Koueh EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in [he 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 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 aze 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 TRviES 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 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDTT COUNSELING AGENCIES ADAMS COUNTY American Red Cross -Hanover Chapter Consumer Credit Counseling Service of Western PA 529 Carlisle Street 2000 Linglestown Road Hanover, PA 17331 Harrisburg, PA 17102 (717) 637-3768 (717) 541-1757 FAX (717) 637-3294 (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 American Red Cross -Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 YORK COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 717) 334-1518 FAX (717) 334-8326 Consumer Credit Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 541-4670 Consumer Credit Counseling Service of Western PA 970 South George Street York, PA 17403 (717) 846-4176 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western PA Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3`d Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 *Copies also mailed first class Urban League of Metropolitan Harrisburg 25 North Front Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 232-4985 ^ r o- ra ru w ra Return Receipt Fee O (Endorsement Requiretl) ~ Restric[etl Delivery Fee ~ (Endorsement Required) O S m 0 r ~~ i ^ Complete items 1, 2, and 3. Also complete item 4 if Res1N(cted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 3acob A. Quatrara 20 Subdivision Road Newville, PA 17241 A. Received by (Please Print Clearty) 1 B. Date of Delivery C. Signature X ^ Agent ^ Addressee D. Is delivery address tlifferent from item 1? ^ Yes If YES, enter tlelivery address below: ^ No 3. Service Type C~ CertNied Mail ^ Express Mail ^ Reglsteretl Y7CReturn fleceipt for Merohantlise ^ Insured Mail ^ C.O.D. 4. Res[dcted Delivery? (EMra Fee) ^ Yes 2. ArticleNumher(Copyfromservicelabel) 7099 3400 0001 4862 8197 PS~Fortn 3811, July 1999 Domestic Return Receipt - to2sa5-sa-M-nes ~- .-_ _~.~_ _ ..... .......... _ k F Date: Aueust 9. 2001 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR I30ME FROM FORECLOSURE This is an official notice that the morteaee on vour home is in default, and the lender intends [o foreclose. Specific information about the nature of the default is provided in the attached paees. The H MEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice explains how the proeram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF T_ HIS NOTICE. Take this Notice with you when you meet with the Counseline Aeencv. The name, address and phone number of Consumer Credit Counseline Aeencies serving vour Countv are listed at the end of this Notice. If you have anv Questions, you may call the Pennsvlvania Housine Finance Aeencv toll free a[ 1-800-342-2397. (Persons with impaired hearine 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 CONTIlViIAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIF'ICACION OBTENGA UNA TRADUCCION IMNIEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA 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 SALVAR SU CASA DE LA PERDH)A DEL DERECHO A REDINIIlt SU HIl'OTECA. HOMEOWNER'S NAME(S): Carol A. Ouatrara PROPTERY ADDRESS: 20 Subdivision Road. Newville. PA 17241 _ LOAN ACCOUNT NO.: 7455313 (26599) _ ORIGINAL LENDER: Farmers National Bank of Newville CURRENT LENDER/SERVICER: Farmers National Bank of Newville HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIItLE FOR FINANCLAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF Y00 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 CIItCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGII3ILITY REQUIItEMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. D TkR 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 WI'T'HIN 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 CREDTI' 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 afrer the date of this meeting. The names, addresses and telephone numbers of designated consumer credit cotmseline agencies for the county in which the orouerty is located aze 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, you have the right to apply for fmancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one 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 [he 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 Fittance 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 (Brine it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 20 Subdivision Road. Newville, Upper Mifflin Township, Cumberland County PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts aze now past due: Monthly payments of $608 97 due for Mav June Julv and Aueust 2001 plus oast due chazges of $18 50 Other charges TOTAL AMOUNT PAST DUE: $2.454.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do not use if not applicable): 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 $ 2.454.38 .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 savable and sent to: ADAMS COUNTY NATIONAL BANK P.O. Box 3129 Getrysbure. PA 17325 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not asslicable.) IF Y U 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 riehts to accelerate the morteaee debt. This means that the entire outstanding balance of this deb[ Will be considered due immediately and you may lose [he chance to pay [he mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose asps your mortgaeed oroseMV. IF TF MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off 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 [o pay all reasonable attorney's fees actually incurred by the lender even if [hey 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 THRTY (30) DAY period, you will not be required to say 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 ffie THRITY (30) DAY period and foreclosure proceedings have begun, You still have [he right to cure the default and prevent the sale at any time us to one hour before the Sheriff's Sale. You may do so by ravine the total amount then east due, plus any late or other charges [hen due, reasonable attorney's fees and casts connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by serforming 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 Sheriff's Sale of the mortgaged property could be held would be approximately 3 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 [he default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Farmers National Bank of Newville Address: One Big Saring Avenue Newville. PA 17241 Phone Number: (717) 776-5312 Fax Number (717) 776-4855 Contact Person: Carolyn H. Kough EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property afrer 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 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 a[ 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 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDTT COUNSELING AGENCIES ADAMS COUNTY American Red Cross -Hanover Chapter Consumer Credit Counseling Service of Western PA 529 Cazlisle Street 2000 Linglestown Road Hanover, PA 17331 Hazrisburg, PA 17102 (717) 637-3768 (717) 541-1757 FAX (717) 637-3294 (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 American Red Cross -Hanover Chapter 529 Cazlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 YORK COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 717) 334-1518 FAX (717) 334-8326 Consumer Credit Counseling Service of Western PA 2000 Linglestown Road Hazrisburg, PA 17102 (717) 541-1757 (717) 541-4670 Housing Council of York Consumer"Credit Counseling Service of Western PA 116 North George Street 970 South George Street York, PA 17401 York, PA 17403 (717) 854-1541 (717) 846-4176 FAX (717) 845-7934 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western PA Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 YWCA of Carlisle 301 G Street Cazlisle, YA 17013 (717) 243-3818 FAX (717) 243-3948 *Copies also mailed first class Urban League of Metropolitan Harrisburg 25 North Front Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 232-4985 :; ~ ~ Q G 1C ~' '~ S.,p ~~ w n O m 0. t.5` p-.. ~; ~L 1 t,:I{:! ~`:4:bti ta.! tiaY tfB tl.l =w. S m 9 -~_ , V`~ ,° 1 ~~ >~ Z O ~, ~~ ~~ J W N ~ 1~ o s .~ ~ - ~rr~~ w r 0 0 0 O O L-~ - r ~~ w T ..v yl ~ ~~~~/ f fi~~.l py~~~ l ~ tf :.!~Ci.~!j ~~ j (ty ~O~ ^} t. 5~~,~,,.~~y Y7. ~ I_ _ _ _ ~ - Carol A. Qu atrara (Sa l~or,~ Rl e P t s 34 ;~~~`r3;Jfi{~. , "_ _... ~ •. ~ os ag . ~~' ~ ~ Certifietl Fee 2 1 O !''? _ p ~ostmark ~i`^,! A(~ Return Receipt Fee ! `H@~'- ~I' ~ (Endorsement Required) 1 , SQ ~~ Gt; ~ ~ ' d ' O ResMctetl Delivery Fee ~ ~ (Endorsement Requiretl) ~Sp ~ "``~ o Total Postage & Fees $ 3.94 - '~ Name (Please Pnnt Clearly) (to be completetl by mailetJ ~' Carol °-------A.-.-Quatrara ------ ' ---- ----- -- -------- ' ~ ..- -- Straep G No.; o~ PO Sox No. 20 Subdivision Road ~ ~ ~~ewvi~l'~e, PA 17241 I o ;~~~ ,, e3 ~-~ c~, 60. ~ o -~ ~ ,:_ r ~, ~ ~~ ~ c '~ e(x~i 1 ~~ Date: Aueust 9, 2001 ACT 91/6 NOTICE TAKE ACTION TO SASE YOUR HOME FROM FORECLOSURE This is an official notice that the mort¢a¢e 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 paees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proeram works. To see if HEMAP ran help, you meet MEET WITH A CONSUMER,CREDIT lrLaUItISEL1NG AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Aeencv The name, address and phone number of Consumer Credit Counselin¢ Aeencies servine your County are listed at the end of this Notice. If you have any Questions, you may call the PetuLSVlvania Housine Finance Aeencv toll free at 1-800-342-2397. (Persons with impaired heazin¢ can call (717) 780-1869). This Notice contains important legal information. H you have any questions, representatives at the Consumer Credit Counseling agency may be able to help explain ft. 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 AD.IUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIF.NDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGHiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIIi SU HH'OTECA. HOMEOWNER'S NAME(S): Carol A. Ouatrara _ PROPTERY ADDRESS: 20 Subdivision Road. Newville, PA 17241 LOAN ACCOUNT NO.: 7455313 (26599) ORIGINAL LENDER: Farmers National BanK of Newville CURRENT LENDER/SERVICER: Farmers National Bank of Newville EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WIIICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FO'f'URE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIIILE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIIZCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIItEMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you aze 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 azrange 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 (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING 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 telenhone numbers of desi¢ttated consumer credit counseline agencies for the county in which the oroaerty 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, 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 postmazked 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 TD1IN 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 afer 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 dizectly 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 Brine it ua to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 20 Subdivision Road. Newville. Upper Mifflin Townshiu, Cumberland Countv. PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly oavments of $608.97 due for Mav. June. July and August 2001, plus past due chazges of $18 50. Other chazges (explain itemize): TOTAL AMOUNT PAST DUE: $2.454.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do not use if not anolicable): 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 $ 2.454.38 . 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: ADAMS COUNTY NATIONAL BANK P.O. Box 3129 Gettysburg, PA 17325 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 (ender intends to exercise its riehts to accelerate the mortea¢e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your morteased property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off 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 [hey 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 THRTY (30) DAY period, you will not be required to pay attorney's fees. under the mortgage - The lender may also sue you personally for the unpaid principal balance and all other sums due RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THRITY (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 pavine [he total amount then past due. plus any late or other chazees then due, reasonable attorney's fees and costs connected with the foreclosure. sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performine 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 POSSIIiLE 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 3 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: Name of Lender: Farmers National Bank of Newville Address: One Big Spring Avenue Newville. PA 17241 Phone Number: (717) 776-5312 Fax Number: (717) 776-4855 Contact Person: Carolyn H. Koueh EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be stazted by the lender at any time. ASSUMPTION OF MORTGAGE -You 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 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 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY American Red Cross -Hanover Chapter Consumer Credit Counseling Service of Western PA 529 Carlisle Street 2000 Linglestown Road Hanover, PA 17331 Harrisburg, PA 17102 (717) 637-3768 (717) 541-1757 FAX (717) 637-3294 (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 American Red Cross -Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 YORK COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 717) 334-1518 FAX (717) 334-8326 Consumer Credit Counseling Service of Western PA 2000 Linglestown Road Hazrisburg, PA 17102 (717) 541-1757 (717) 541-4670 Consumer Credit Counseling Service of Western PA 970 South George Street York, PA 17403 (717) 846-4176 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western PA Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 YWCA of Carlisle Urban League of Metropolitan Harrisburg 301 G Street 25 North Front Street Carlisle. PA 17013 (717) 243-3818 FAX (717) 243-3948 *Copies also mailed first class Harrisburg, PA 17101 (717) 234-5925 FAX (717) 232-4985 l~-Complr'terttems 1, 2, and 3. Also complete item 4 if:it~stricted Delivery is desired. ^ Print your`name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Carol A. Quatrara 20 Subdivision Road Newville, PA 17241 A. Received by (Please Print Clearly) I B. Date of C. Signature ^ Agent X ^ Addre D. Is delivery address different from item 1? ^ Yes If VES, enter delivery address below: ^ No 3. Service Type ~ Certified Mail ^ Express Mail ^ Registered ~ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restrictetl Delivery? (EMm Fee) ^ Yes 2. Article Number (CopylromservicelabeQ 7099 3400 000] 4862 8166 Domestic Return Receipt toz5ss-ss-M-nes PS Form 3811, July 1999 SHERIFF'S RETURN - NOT FOUND CASE NQ: 2001-05669 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ADAMS COUNTY NATIONAL BANK VS QUATARA JACOB A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT QUATRARA CAROL A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT QUATRARA CAROL A PER POST OFFICE, CAROL MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answers• Docketing 6.00 Not Found 5.00 ~`'~ AffidaviC .00 R, homas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 EDWARD G. PUHL 10/05/2001 Sworn and subscribed to before me this /6 ~ day of ~c:~i.~~ ~~/ A.D. Pfo~honotar~ CASE NO: 2001-05669 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTY NATIONAL BANK VS QUATARA JACOB A ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon QUATRARA JACOB A the DEFENDANT at 1415:00 HOURS, on the 4th day of October 2001 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT RD CARLISLE, PA 17013 by handing to JACOB A OUATRARA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this /~ ~ day of ~C.4vY/l~ . ~2~rD-[~ / A . D . ~.~ ~. httn_e~.~r`' rothonotary So Answers: .~ ~syt°ce'.c ~i~ R. Thomas Kline 10/05/2001 EDWARD G PUHL By: D puty Sheriff .., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ADAMS COUNTY NATIONAL BANK, successor by merger to Farmers National Bank, Plaintiff, vs. Jacob A. Quatrara and Cazol A Quatraza, Defendants. To: Jacob A. Quatram and Cazol A. Quatraza, Defendants NOTICE No. p 1 ~~ ~l J ~ ~, I ~tILY`1 Action in Mortgage Foreclosure 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 aze warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the wort 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 Telephone Number: 7I7-244-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defendersee de ]as quejas expuestas en las p5ginas siguientes, debe tomaz acci6n dentro de veinte (20) dies a partir de la fecha en qua recibio la demanda y el aviso. Usted debe presentaz compazecencia escrita en persona o por abogada y presenter en la Corte por escrito sus defenses o sus objeciones a las demandas en su contra. Se le avisa qua si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contm sin mas aviso o notificacibn por cualquier dinero reclamado en al demanda o por cualquier otra queja o . compensation reclamados por el Demandame. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERE,CHOS IMPORTANTES PARR USTED. LLEVE E5TA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADQ, VAYA O LLAME A LA OFICINA EN LA DIltECCION ESCRITA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Cazlisle, PA 17013 Telephone Number: 717-249-3166 l'~3~~ ~~~Y ~~ ~~~~F8L8 ~~ Ts~~nl~a€sy ~~1~~~te~9 R ~~es ~11~~ set try o-l~~d ~~1~ file se;~~,~~ ~~a~ C®~ e4 Ce~9~~le, Pa. IN THE COURT OF COMMON PLEAS OF CiIMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ADAMS COUNTY NATIONAL BANK, No. OI-S- successor by merger to Farmers National Bank, Plaintiff, vs. Jacob A. Quatrara and Carol A. Quatrara, Defendants. COMPLAINT Action in Mortgage Foreclosure AND NOW, this ~ o ~., day of _ ~ 2001, comes the Plaintiff, Adams County National Bank, successor by merger to Farmers National Bank, by its attorneys, Puhl, Eastman & Thrasher, who brings this action in mortgage foreclosure against Jacob A. Quatrara and Carol A. Quatrara, Defendants, whereof the following is a statement: 1. The Plaintiff is Adams County National Bank, successor by merger to Farmers National Bank, Mortgagee, a national banking corporation organized and existing under the laws of Congress relating to national banks, with its main office at 16 Lincoln Square, Borough of Gettysburg, Adams County, Pennsylvania 17325. 2. Defendant, Jacob A. Quatrara, is an adult individual who resides at 20 Subdivision Road, Newville, PA 17241. 3. Defendant, Carol A. Quatrara, is an adult individual who resides at 20 Subdivision Road, Newville, PA 17241. 4. Defendants are not in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 5. On July 9, 1992, the Defendants executed and delivered a mortgage upon real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 1077 at page 179, a copy of said mortgage being attached hereto and marked Exhibit "A." 6. Said mortgage has not been assigned. 7. The real estate is described as follows: ALL that certain tract bf land with the improvements thereon erected situate in Upper Mifflin Township, Cumberland County, Pennsylvania, as set forth in a survey prepared for Andrew E. Bonnie, by Cazl D. Bert, R.S., dated May 16, 1979 and recorded in Cumberland County Plan Book 37 at page 133, bounded and described as follows: BEGINNING at a point in Township Road T-397 marked by an existing railroad spike in corner of Lot No. 24B; thence along Lot No. 24B; South 36 degrees 13 minutes 50 seconds East 369.97 feet to an iron pin in corner of Lot No. 24B and land now or formerly of Andtew E. Bonnie; thence along lands now or formerly of Bonnie, South 14 degrees 11 minutes 37 seconds West 71.91 feet to an existing iron pin in corner of lands now or formerly of Andrew E. Bonnie and lands now or formerly of Erwin B. Wiser; thence along lands now or formerly of Erwin B. Wiser, North 57 degrees 20 minutes 46 seconds West 400.00 feet through an existing iron pin 25.32 feet from property comer to an existing railroad spike in Township Road T-397; thence along Township Road T-397 running parallel with lands now or formerly of Paul A. Wickazd, North 41 degrees 42 minutes 25 seconds East 204.03 feet to an existing railroad spike, the point and place of BEGIlVNING. CONTAINING 50,550 SQUARE FEET. BEING Lot No. 24A as shown in Plan for Andrew E. Bonnie. 2 Being improved with a brick and vinyl siding ranch house and known and numbered as Subdivision Road, Newville, Pennsylvania. AND BEING premises conveyed by Bryant G. Minnich and Donna K. Minnich, husband and wife, unto Kevin L. Yeakley and Delta Yeakley, husband and wife, Grantors herein, by deed dated September 4, 1991, and recorded in the Office of the Recorder pf Deeds in and for Cumberland County in Deed Book "H," Vol. 35, Page 451. AND ALSO BEING the same premises conveyed by deed dated July 9, 1992 from Kevin L. Yeakley and Delta Yeakley, his wife, to Jacob A. Quatrara and Carol A. Quatrara, his wife, the Mortgagors herein. 8. The said mortgage is in default in that a partial payment of principal and interest in the amount of $593.47 is due for May 9, 2001 and the monthly payments of principal and interest amounting to $608.98 each, which have become due and payhble on June 9, 2001, and on the 9th day of each month thereafter have not been made, and by the terms of said mortgage upon default in such monthly payments after any such payment is due, the whole of the said mortgage debt and interest shall, at the option of the Plaintiff, become due and payable forthwith. 9. The present owners of the real estate aze the Defendants. 10. The amount due the mortgagee on the mortgage is computed as follows: (a) Balance of principal $46,192.38 (b) Interest from 4/12/01 to 9/17(01 1,783.27 (c) Attorney's commissions 2,398.78 TOTAL $50,374.43 11. In accordance with provisions of Act 91 of 1983 and Act 6 of 1974, as amended, Plaintiff has sent to Defendants Notices of Homeowners' Emergency Mortgage Assistance and Notices of Intention to foreclose prior to the commencement of the within proceedings. Copies of said Notices and mailing receipts are attached hereto and marked Exhibits "B" through "E," respectively. WHEREFORE; Plaintiff demands judgment against the Defendants in the sum of $50,374.43, plus interest from September 18, 2001, at a per diem of $11.69, and any additional late charges and costs of suit. Respectfully submitted: PUHI., EASTMAN & 'EHRASHER By: Gc Edward G. Puhl, Esquire Attorney for Plaintiff 220 Baltimore Street Gettysburg, PA 17325 (717)334-2159 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ADAMS. John W. Krichten, being duly sworn according to law, does depose and say that he is the Senior Vice President of Adams County National Bank, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this ~ day ofy~ 2001. y~ .~ N_ G~xa~ Notary Public /~ W. Kricht~ NOTARIAL SEAL My Commission eXp1TeS: PAMELA H. WEAVER, Notary Public Caellysburp Sore, Adams County My Commadon Expires March 24, 2003 MORTGAGE THIS MORTGAGE is made this ~_ day of ~~ ~_, 1992 between the MORTGAGOR, Jacob A. Quatrara and Carol A. Quatrara , (herein "Borrower'), and the Mortgagee, FARMERS NATIONAL BANK, 1 West Big Spring Avenue, Newville, Pennsylvania, 17241, (herein "Lendei"). WHEREAS, Borrower is indebted to Lender in the principal sum of Sixty-nine Thousand Seven Hundred ($69,700.00) Dollars, which indebtedness is evidenced by Borrower's note dated T„/~~~~ n191 (herein "Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on j~,,/t„~ 9, 201]' ; 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 Che following described property located in the County of Cumberland State of Pennsylvania: See Attachment Page for legal description. C.7 ~~} 79 fV Irl :) ~-- .; (a O C (- ' :' C : O __ ': I~l (~ c! i a7 c. - , ~ C> co„t `c m K O ~~~ ~7 ~. N -1 U ~ fn which has the address of R.D. 2, Box 102A _ Npcn,i lla ~_. (Street) (City) PA, 17241 (herein "Property Address"); (State and Zip Code) ~~ a 600i( ~. (~ r % PAGE ~ 7~j 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 w31I 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 BooK lOi! PACE 18() 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 Burrower 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 Bcrrower. 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 Burrower 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 acgt:iced 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 CF 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 poor i. f; i i eacF 18:1. 3 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 no[ 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. Zn 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 Che sums secured by this Mortgage such proportion of the proceeds as is equal to Chat 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 pzoceeds, 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 eooRlf) ~ r PACE .;18 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 he 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, an3 (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 or in this Mortgage shall be deemed to have been given to Borrower or Lender wren 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 punch:ise money mortgage. - BORROWERS hereby certify that there :.re no divorce proceedings in any jurisdiction affecting the ability of either of them to enter into this mortgage. GOVERNING LAW. This mortgage shall Ise governed by the law of Pennsylvania (except as superseded by Fede:-al 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 r!ortgage or accompanying Note, to take possession of, rent, repair and operate raid premises and, after deducting all costs of collection, operation, repairE 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 ]eases upon such terms and conditions as to Lender may seem proper or desirable. ACCELERATION OF MATURITY AND FORECLOSURE PROCEEDINGS UPON DEFAULTo 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 ~ D / I PAGe 1 83 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 a(n~d year first above written. SIGNID, SEALED AND DELIVERED ~d~~~r ~cyV~S~l.Ja.~~. (SEAL) J cob A. Quatrara IN THE PRESENCE OF: /~ Carol A. Quatrara ~oo~ i'~ i % PACE 18~ (SEAL) (SEAL) (SEAL) 6 COMMONWEALTH OF PENNSYLVANIA . ss: COUNTY OF CUMBERLAND On this, the P'(~ day of J k/~ y A.D. 19 92 before me the undersigned officer, personally appeared Jacob A.Quatrara and CarolA.Quatrara satisfactorily proven to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. iN WITNESS WHEREOF, I hereunto set my hand ~fid off~rcial sea NOTARIAL SEAL HA611LTON C. DAVIS, Notary Public North Newton Twp., Cumberland Co., Pa. `~ Nry Commission Expires Sepr. 22, 1992 Title o Officer CERTIFICATE OR RESIDENCE I certify that the precise place of business and complete post office address of Mortgagee is 1 West Big Spring Av ue, N ille, Y na. 17241. Agent for ortgagee Stara of Pennsylvania ~ SS R ,,, r ,~„ ... ~':' a b~ ~' ~ ..:-'. CourtyofCumberland :i.~;.c~^;.r:..=~;:~s, '~acorded in the office for the red~d'i~gyof,~s ut I and for Cumberland CounFy~~, , . ~~ -y !r inoo~~Vol. ~ PagA' y ' 1 i .c. .+;, witness my hand a, al of office ,:^ , n~~, Carl'ssle, PA this day of ~{• •' '~ ~~• `_i My Commission Expires ;~%,`°` BOOK 1 O / / PAGE 1 ~~ 7 .~~-~ Attachment Page, for Mortgage from Sacob A. and Carol A. Quatrara to Farmers National Bank ALL that certain tract of land with the improvements thereon erected situate in Upper Mifflin Township, Cumberland County ,Pennsylvania, as set forth in a survey prepared for Andrew E. Bonnie, by Carl D. Bert, R.S., dated May 16, 1979 and recorded in Cumberland County Plan Book 37, Page 133, bounded and described as follows: BEGINNING at a point in Township Road T-397 marked by an existing railroad spike in corner of Lot No. 24B; thence along Lot No. 24B, South thirty-six (36) degrees thirteen (13) minutes fifty (SO) seconds East three hundred sixty-nine and ninety-seven hundredths (369.97) feet to an iron pin in corner of Lot No. 24B and land now or formerly of Andrew E. Bonnie; thence along lands now or formerly of Bonnie, South fourteen (14) degrees eleven (11) minutes thirty-seven (37) seconds West seventy-one and ninety-one hundredths (71.91) feet to an existing iron pin in corner of lands now or formerly of Andrew E. Bonnie and lands now or formerly of Erwin B. Wiser; thence along lands now or formerly of Erwin B. Wiser, North fifty-seven (57) degrees twenty (20) minutes forty-six (46) seconds West four hundred (400.00) feet through an existing iron pin twenty-five and thirty-two hundredths (25.32), feet from property corner to an existing railroad spike in Township Road T-397; thence along Township Road T-397 running parallel with lands now or formerly of Paul A. Wickard, North forty-one (41) degrees forty-two (42) minutes twenty-five (25) seconds East two hundred four and three hundredths (204.03) feet to an existing railroad spike, the point and place of BEGINNING. CONTAINING fifty thousand five hundred fifty (50,550) square feet. BEING Lot No. 24A as shown in Plan for Andrew E. Bonnie. BEING improved with a brick and vinyl siding ranch house and known and numbered as Subdivision Road, Newville, Pennsylvania. AND BEING premises conveyed by Bryant G. Minnich and Donna K. Minnich, husband and wife, unto Kevin L. Yeakley-and Delta Yeakley, husband and wife, Grantors herein, by deed dated September 4, 1991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book'"H", Vol. 35, Page 451. J n- Y' C~tM ~ S ~ $ h7 d Ie ~ ~ ~ h ~-.c ~ Cam. ~. ~--~~ r~,r~,a (M urn ~~, ~w~ ~LL ~ c~.~ I r~r-- cZ.~~~'~ I lCne ~~ C CMV~ Q ~Ce,.:~1L BOOK I O / ! FAGE 18~ Date: August 9. 2001 ACT 91/6 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 ogees. 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 with the Counseling A t:nc . 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 auestions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397, (Persons with impaired hearing can call (7I7) 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, PUSS AP'ECTA SU DERECHO A CONTBVLJAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTiFICACION OBTENGA UNA TRADUCCION 1MNIIsDIATAMENTE LLANIANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA: PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMII2 SU HIPOTECA. HOMEOWNER'S NAME(S): Jacob A. Quatrara PROPTERY ADDRESS: 20 Subdivision Road. Newville. PA 17241 _ LOAN ACCOUNT NO.: 7455313 (26599) ORIGINAL LENDER: Farmers National Bank of Newville CURRENT LENDER/SERVICER: Farmers National Bank of Newville HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOI MAY BE ELIGIBLE FOR EINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME PROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IP YOU COMPLY WITH TIIE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE AC'P OP 1983 ('TIIE "AC'f"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIItCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A RCASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • II' YOU MEET OTHER ELIGIBILITY REQUIItEMENT5 ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. '~~'$~ 8 TEb[PORARY STAY OF FORECLOSURE -Under [he Act, you ate entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of [his Notice. During that time you must arrange and attend a "face-[o-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE YE7CT (30) DAYS [F 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", E~CPLAtNS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUlV[ER 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 far thirty (30) days after the date of [his meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forh 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 triad 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 [he designated consumer credit counseling agencies listed at the end of [his Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application [o the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU hIUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TL1-IE PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR IIOIDIE 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 [he Act. The Pennsylvania Housing Finance Agency has sixty (60) days [o 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 (Brine it ua to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by [he above lender on your property located at: 20 Subdivision Road. Newville. Upper Mifflin Township. Cumberland County. PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now pas[ due: Monthly navments of $608 97 due for Mav June Julv and August 2001 plus oast due charges of $18 50 Other charges (explain/itemize) TOTAL AMOUNT PAST DUE: $2.454.38 6. YOU {{AVE FAILED TO TAKE THE FOLLOWING ACTION(Do not use if no[ anolicable): HOW TD CURE TIIE DEFAULT -You may cure the default within THIRTY (30) DAYS of the•da[e of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2.454.38 . 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 navable and sent to: ADAMS COUNTY NATIONAL BANK P.O. Box 3129 Gettysburg, PA 17325 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not aaalicable.) 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 [ha[ 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 [o instruct its attorneys to start legal action to foreclose upon your mortgaged property. IP THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by [he Sheriff to pay off the mongage debt. [f 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 [he amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THRTY (30) DAY period, you will not be required to oav 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 THF. DEI'AULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within [he THRITY (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 paving the total amount then east due, plus any late or other charges [hen due, reasonable attorney's fees and costs connected with the foreclosure sate and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by oerforming 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 [he earliest date that such a Sheriff's Sale of [he mortgaged property could be held would be approximately 3 months From the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before [he sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out a[ any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Farmers National Bank of Newville Address: One Big Saring Avenue ]'hone Number: (717) 77(>-5312 Fax Number: (717) 776-4855 Contact Person: Carolyn H. Kongh IsPFEC'I' OF SIIER-hF'S SALE -You should realize that a SherifC's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue [o 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 ]ender at any time. ASSUiV[PTION OF MORTGAGE -You 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 a[ the sale and that the other requirements of the mortgage are satisfied. ~~.-.. e YOU MAY ALSO HAVE THE RIGIIT: • 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 I[AVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TI[E 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 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY American Red Cross -Hanover Chapter Consumer Credit Counseling Service of Western PA 529 Carlisle Strce[ 2000 Linglestown Road Hanover, PA 17331 Harrisburg, PA 17102 (717) 637-3768 (717) 541-1757 FAX (717) 637-3294 (717) 541-4670 Financial Counseling Services of Franklin 31 West 3r° Street Waynesboro, PA 17268 (717) 762-3285 American Red Cross -Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Housing Council of York I l6 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 YORK COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 717) 334-1518 FAX (717) 334-8326 Consumer Credit Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 541-4670 Consumei Credit Counseling Service of Western PA 970 South George Street York, PA 17403 (717) 846-4176 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western PA Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 YWCA of Carlisle Urban League of Metropolitan Harrisburg 301 G Street 25 North Frdnt Street Carlisle, PA 17013 Harrisburg, PA 17101 (717) 243-3818 (717) 234-5925 FAX (717) 243-3948 FAX (717) 232-4985 *Copics also mailed first class ~N .F 1.~: ~l YA ,.:. ~, z ~~~ ( ^~ °z ~ ~„ ~~ ,~ x. a~ W IJ ,r ~ V~ ~~ Z N `~ ,~ ~ ~ v o o < ~ ' ~ r - a a n ~~ ~ ~. p ~ ,,, Cwt C a• io. ~ ~' o p` y o ,~~ m o r`~- 4 G, ~ ^~0^ © Ci r~l _ zza- CO ~ -~ r r ~ .. ymy 2ti C (~(~ ~ _~ mCz-y c~ ~ ~ ~: C m- -1m2o^r ~~ ~ 1 ~~ ' . . Tai~~ o 1 r > ~y ~. y omta n..e:. - ~ ~O' s ayya 'i ~~~"E ' ~: ~ m 9 -i Oa31~N' - i~~ 1 ^ ~~ 1 ~~ ~ I ~,, ~ 0~ ... ~ .. m N t nil a N . ^t . ~ ~ \ i' ~ .y ., G ~ {i ~ti~ O ~;' tr . ~ .. ~ Jacob A. Ouatrara _. (Saylor) rv -~ w Postage s .34 S _ Certifietl Fee 2 I Q `' ~ ~ -~- " J,. POSVhJ k ~ p Return Receipt Fee (Endorsement Requiretll I 5l] I ~ hlera' , ~ Restrictatl Delivery Fee (Endorsement Required - ~ S l ~~ ~ r / , O ~ p Total Postage 8 Fees 3 , 94 ,'` ~ t . f f1l Na a (Ple a Print ClendyJ ((o ee cornplnlM by mmlar) Jmaco~xs A. ua[rara - tT 9heef, Apt. No.,' or PO Box No ----~~---- -""""-""'"""'--------- Q' . 20 Subdivision Road r Crt State. ZIP.J _.. _...__ ewville, PA 17241 ..-_.. _.."_..... - j i at e.. i . 11 4f -'~ i Date: August 9. 2001 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is 1n official notice that the mortgage on vour 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 (HEMAP) may be able to help [o save vour 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 with the Counseline Aeencv. The name address and phone number of Consumer Credit Counseline Agencies serving vour Coun[v are listed a[ the end of this Notice If you have any Questions you may call the Pennsylvania Housing Finance Aeencv toll free at I-S00-342-2397 (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, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTEMDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATANLENTE LLAMANDA ESTA AGENCIA (PENNSYLVAMA HOUSING FINANCE AGENCY) SIN CARGOS AL NUNICRO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTANIO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDINHR SU HH'OTECA. HONEOWNER'S NAME(S): Caeol A. Ouatrara PROPTERY ADDRESS: 20 Subdivision Road, Newville. PA 17241 LOAN ACCOUNT NO.: 7455313 (26599) ORIGINAL LENDER: Farmers National Bank of Newville CURRENT LENDER/SERVICER: Farmers National Bank of Newville HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU NIAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HONIE FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS I(' YOU COMPLY WITH THE PROVISIONS OF TILE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT Ole 1983 (TIIL' "AC'I"'), YOU NIAY BE ELIGIBLE hOR EMERGENCY NIORTCAGE ASSIS'1'ANCIi: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIIiCUNISTANCES BEYOND YOUR CONTROL, • IF YOU IIAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIIIILITY REQUII2EMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. ~~~ D TF,MPORARY STAY OF FORECLOSURE -Under the Ac[, you ate 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 "t:1ce-to-Face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS N[EETING MUST OCCUR WITHIN THE NEYT (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 RRiNG 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, [he lender may NOT take action against you for thirty (30) days after the date of [his meeting. The comes addresses and telephone numbers of designated consumer credit counseline agencies for the county in which the orooerty is located are se[ forth at the end of [his 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, 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 [hey will assist you in submitting a complete application [o 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 BVBVIEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limiced. 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 i[ 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 [he 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. ([f you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it uo to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 20 Subdivision Road. Newville. Upper Mifflin Township, Cumberland County. PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments of $608.97 dtte for Mav June July and August 2001 plus oast due charges of $18 50 Other charges TOTAL AMOUNT PAST DUE: $2.454.38 R. YOU IiAVG FAILED TO TAKE TI[E FOLLOWING ACTION(Do not use if not applicahle): =,„ 11OW •TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL'AbIOUNT PAST DUE TO THE LENDER, WHICH IS $ 2.45438 . PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WH[CH BECOME DUE DURING TH-E THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: ADAMS COUNTY NATIONAL BANK P.O. Box 3129 Gettvsbure PA 17325 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE 1'IIE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riehts to accelerate the morteaee debt. This means that the entire outstanding balance of [his 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 attorneys [o start legal action to foreclose anon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage deb[. 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 $0.00. 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 THRTY (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 the THRITY (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 payine the total amount then pas[ 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 Sheriff's Sale as specified in writine by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth itt this notice will restore your mortgage to the same position as if you had never defaulted. 1'seUiLIL'S'C POSSIBLE SIERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the Sheriff's Safe will be sent to you before the sale. Of course, the amount needed to cure [he default will increase [he longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Farmers National Bank of Newville Address; One Bie Sprine Avenue Newville, PA 17241 Phone Number: (717) 77(-5312 Fax Number: (7171 776-4855 Contact Persnn: Carolyn H. Koueh EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after [he 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 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. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT QR 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 AT\tY 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 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY American Red Cross - Hanover Chapter Consumer Credit Counseling Service of Western PA 529 Carlisle Street 2000 Linglestown Road Hanover, PA 17331 Harrisburg, PA 17102 (717)637-3768 (717)541-1757 FAX (717) 637-3294 (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Stree[ Waynesboro, PA 17268 (717) 762-3285 American Red Cross -Hanover Chap[er 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 YORK COUNTY Adams Coun[y Housing Au[horiry 139-143 Carlisle Stree[ Gettysburg, PA 17325 717) 334-1518 FAX (717) 334-8326 Consumer Credi[ Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717)541-1757 (717) 541-4670 Consumer'Credit Counseling Service of Western PA 970 South George S[reet York, PA 17403 (717)846-4176 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western PA Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3`d S[reet Farrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 YWCA of Carlisle Urban League of Metropolitan Harrisburg 301 G Street 25 North Front Stree[ Carlisle, PA 17013 Harrisburg, PA 17101 (717) 243-3818 (717) 234-5925 FAX (717) 243-3948 FAX (717) 232-4985 *Copies also mailed first class ~..~ ,< ,...., ..,I, , ill. (tlt7 ~~'. CF• t.l.! t.!.1 ti.! ll.l x m 9 O fn CAD _. i, ~~ ~ ~~ ~ O ~a9 < p rn n o w p., ~~ ~`~ ~z ~~~ ~- ~ O ~~ y td ~~, '% ~~ ~, ti O .~ ~ ~~ ~~ w r O 0 o N r~(_ -~ ~ rr ti ~ ~~~ 4" u- i++ 7 i ~i._ r . ~ ,.,.~-~,,,~ ;;, y_~;, r.i _n .~ ' ~ Carol A. uatrara (Sa lorJ N .Postage s . 34 C '' ~ i ~ Certitietl Fee 2 I O ~ ~ r q ( RosVnark ~ ~ ~ j ~ Return Receipt Fee (Entlorsement Requiretl) I , 5Q Wp~e i:. ' Zx~ r , Q ReaMCtetl Deflvery Fee ~ ? O (Entlorsement Requiretl~ tIS ~ j ~ o To[al Postage 8 Faes $ 3.94 ~ S. -~ 1 ~ f1l Name Please Prinf Clearl I y) (lobe con~pleletl by mailer) __ j Carol..A, Quatrara _..,_ ~~--~--~~ ~~~ - ~ ~ Streei APL NO or PO B> No. 20 Subdivis.ton Kuad r ~~eSwvilPY~e, PA 17241 a. ~V G~, ~> ~~~~ ~~ Ff;~.dE;,;- ire ;" f fi t; ~ 8~ ~~~. }~z~`, , ' .~ {~jxrsr 7..{tfJ a rp~A _ .. ie~nas+~u?~:~nxmr.~o-9aa _ _ _ _ _ ._ rnw~xr3m^~ x f ~' ~ ~ v ~s-~-a* .~ ~rzasmrr~mm~ne;me~m.~T~§_cer~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ADAMS COUNTY NATIONAL BANK, successor by merger to Farmers National Bank, Plaintiff NO. 01-5669 Civil Term v. Jacob A. Quatraza and Carol A. Quatrara, Defendants. Action in Mortgage Foreclosure PRAECIPE To The Prothonotary: Please mazk the above-captioned proceedings discontinued. Date: ~ ~/~~r~/ PiTHL, EASTMAN & 'THRASHER Edward G, Puhl, Esquire 220 Baltimore Street Crettysburg, PA 17325 (717)334-2159 Attorney I,D. No. 55709 . _ _ ... .n U ~~ c-, ~~ o c. - -- ~ . _ :~. -r~ r,~~~~ ~m z. ~~ ~~ - ~~' ~:~ ~ ~ p~~ U~