Loading...
HomeMy WebLinkAbout99-04235 .1 i?: s MCICABE, WEISBER01 AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Realty Corporation 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126 V. Luke Anthony Van Ormer 235 Susquehanna Avenue Enola, PA 17025 and Marsha L. Van Ormer 235 Susquehanna Avenue Enola, PA 17025 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249.3166 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 99-q.?,3s (?jut*( AVISO Le hen demandado a usted an Is corte. Si usted quiere defenderse de estas demandas ex-puestas an Las paginas siguientes, usted tiene veinte (20) dies de plazo at partir de is tech, de la demanda y Is notificacion. Race falta asentar una comparencia escrita o an persona o con un abogado y entregar a is corte an forme escrita sus defensas o sus objeciones a lea demendas an contra de su persona. Sea avisado qua at usted no as defiende, Is corte tomare medidas y puede continuer Is demands an contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere qua usted cumpla con todas Las provisioner de sate demands. Usted puede perder dinero o sus propiedades u otros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17313 (717) 249-3166 , r McCABE, WESSBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Realty Corporation 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126 V. Luke Anthony Van Ormer 235 Susquehanna Avenue Enola, PA 17025 and Marsha L. Van Ormer 235 Susquehanna Avenue Enola, PA 17025 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 94. `f.235' dtu. l 7' 1. Plaintiff is Household Realty Corporation, a corporation duly organized under the laws of Delaware and doing business at the above captioned address. 2. The Defendant is Luke Anthony Van Ormer , who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 235 Susquehanna Avenue, Enola, PA 17025. 3. The Defendant is Marsha L. Van Ormer, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 235 Susquehanna Avenue, Enola, PA 17025. 1 1 4. On December 17, 1997, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1422, Page 872. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 235 Susquehanna Avenue, Enola, PA 17025. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January, 1999 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $30,155.53 Interest 1/99 through 7/8/99 $ 2,014.84 (Plus $9.92 per diem thereafter) Attorney's Fee $ 1,507.78 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search S 200.00 GRAND TOTAL $34,228.15 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 have been sent to Defendants by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "B." WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $34,228.15, together with interest at the rate of $9.92 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. T RRENCE J. McCABE, ESQUIRE Attorney for Plaintiff The undersigned, Richard F. Brasch, hereby certifies that he is the Foreclosure Specialist of the Plaintiff in the within action, and that he is authorized to makL-Jthis verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. 94904 relating to unsworn falsification to authorities. ? ? ?. RICHARD F. BRASCH 350;r'713303 MORTGAGE .a, 11:1-IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES THIS MORTGAGE is made this 17TH day of DECEMBER 1987 between the Mortgagor, LUKE ANTHONY.VAN ORMER' ' MARSHA L VAN ORMER ... •'• .. .. a ., . .... .. . a i is tnorcrn a.onuor 1. ' . • . .. The following paragraph preceded by a checked box is applicable. f WHEREAS, Borrower is indebted to Lender in the principal sum of $ 30, gag, 75 evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage an raemont ted DECEMBER 17, 1907 and any extensions or renewals thereof (herein "Note"), providing for monthly installments o principal an interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on DECEMBER 17, 2012 Q WHEREAS, Borrower is indebted to Lender in the principal sum' of $ , or so much thereof as may be advanced pursuant to Borrower's Revolvving Loan Agreement dater- and extensions and renewals thereof (herein "Note"), providing for monthly installments, an interest at the rate an under the terms specified in the Note, including any adjustments in the interest rate it that rate is variable, and providing for a credit 11mit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this ,Mortgage;,and (4) the performance of the covenants.and agreements of Borrower herein contained, Borrower does hereby inortgage, grant, and. convey to. Lender and.. Lender's successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania.- :.AI I- That .•certaln..prope r. t,y. al fueled, In township of *Panbs= ' ' "' -• ° bord 'In the county.. of Cumberland and•Conrnonweel th of Pen nayl' •••° vanl a, being more fully described in a dead dated 01118197 and recorded 01/24/97, among the land records of the county and state set forth above, In deedYolume 152 and Page 813. Co - Tax Parcel 10: 09-14-0832-081 n ?,j rn CM b- C? 3 E HlaIT "A . . 1 0-4422PAm 8M 07-21-97 Mortgage PA . PA001241 "•C•daielnat:;.:. c ' !. I?IIII??V?N1?11?01?9??iI?I?III?IIlIll11111®?I?IIWII? -2- TOGETHER with all the improvements now or hereafter erected, on, the property,. and all easements, rights, appurtenances and rents, all of.which.shall be deemed to be and remaip.a.part of the;•pjoperty covered tyythiq, Mortgage;' and all of the foregoing, together with'said property (or the'leamhold estate it this. Mortgage is on a leasehold) are hereinafter referred to as the "Property.-": Borrowdr covenams`•that•Borrogver is lawfully seised of'the estatb hereby;d6riveyed and hai; the right.to:mortgage, grant and convey the Prop6gy, and that the property is unencumbered,,except for. encumbrances of record: Borrower covedAnts'that tairowgr ,irrants and will defend generally the'tttle tb 1he Propgrty'agathst ill claims and'demands, su?iledt"Fo,"ejlc53n'6rapces'Lf'reeord UNI W'ddVENANTS: Borrowir'and Leader covenant 'and agree is -follow a ' .: • A. Payrttent of'Pri'ncipal' and Interost at'Variable Rates: This'rn6rtgage'deburea'all payments of principal' and interest due on a'vaiisble rate loan. The contract rate of interest and payment amounts may be s'jbject'to change as provided in the Note. Borrowers shall promptly pay when due all amounts required by the Note. 2. Funds for Taxes and;Insurance Subject to applicable law or waiver by Lender, :Borrower shall pay to Lender on the day monthly payments of ',principal and interest are payable under the Note, until the'Note ; is paid in full, a sum' (herein' "Funds") equal to' one`twelfth of the yearly taxes and assessments (including condominium: and planned' unit development assessments, if any) which may attain priority over. this 'Mortgage and ground:rents'on'the'Property, if any,.phis one-twelfth-of "yearly premium!installments `for'hazard insurante,':plus one`twelfth of.yearly'premium rruttalfinenta for mortgage insurance, tf;aRy ell as: reasonably estimated {n)Etally and.,irom hme;o,ttme,oby Lender'.on -the tbaais•of- assissmeiits and'•bills;•and•feasonable;'istimates'thcreof: 'Btfr'roWer stTlill not'be obligaT- ,1d make suofi payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such'. holder is an institutional lender. If Borrower'pays Funds to Lender, thq.Vunds:shall be held in an institution the deposits or accounts of which are insured' or, gbaranteed by a Federal or state' agency, (including Lender if Lender, is such an institution).. Lender shall apply' theFonds _to pay. said taxes. assesatnenta; insurance premiumsand,ground rants Lender may not'chirge1orso holding and applying'the Funds analyzing said account or verifying•and compiling satdassessments an3'bills, unless Lender pays Borrower interest on the Punds'•and-applicable law'perrriits• Lender tcishake such a 'charge., Borrower, and Leader may agree .m writing.at the time of execution of this Mortgage' that interest 6n% the Funds shell be paid to Borrower and unleas'such siJ1 antis made or applicable taw requires such mterestto be paid, Lender shill not be F6ern ret?w *id to par'$orrower any r,1 er t nr earnings pn tl}e 1?unds Lender'She I give to $o rrower,'wrthout charge,: an andtfa{ acoo)uting'of the Punds shotVmg cre¢rts and dtbns to t11d`FW nds"ani3 tb6 purpdso foS t4hiofr ear)tf detnt to .the W 1# 11-1 Ltional'sectlrity fqt rite s oriis sdcured'Tiy ttu:# Moi (gage FtrA?b iva8 ;hiaidc.°THe Ftinds erb 11e }gad O Yf she amount oP the Pund's held by l ender, together wtfh ttit 'future monthly installments of'Fuade;paysble prior; to the due `dates of taxts'ssaesslieents;'instirance premiums and grobnd rents;'shall excded-.the amdiint required to pay said taxes, assessments,' insurance premiums and ground:rents'as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Boirower on monthly. installments of Funds. If the amount of the Funds-held by Lender, shall not be sufficient to payltazes, assessments, insurance premiums and ground rents as they fall; due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Upon payment in full of all sums secured, by this Mortgage, Lender shall promptly refund to Borrower any funds held.by,Lender. If under paragraph 17 hereof the Property is sold or the. Property is otherwise acquired by' Lender, Lendershall'apply, no lajer than immediately prior to the sale ef the Property or its acquisition by Lender,' any Funds ;t - held by 'I eitttdr at'the"tiifL'e of applicAt(sn as a Eredit against'tfi'e sums secuFad 15y this ortgage. 3.'Application of Payments. Exoept,for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and 2 hereof.shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 4. Pilot Mortgages and Deed of Trust; Charges;. Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a' lien which has priority over this, Mortgage, including Borrower's covenants to make; payments when due. Borrower shall pay. or cause to' be. paid all taxes, assessments end-other charges; fines and impositions attributable to the Property which may attain a priority. over this Mor(gae, and;l'easehold payments dr ground tents, if any. . 5 Hazard insurance. Borroiv& shall keep tfie'improvements now existing or hereafter erected on the"Property insured Agarnst'loss by,fire, hazards rnciuded within the term' "extended coverage,". and such: other hazards as. Lender may 'regwre The insurance' carrier' providing the insurance shall be chosen by the Borroteer subject to approval; by tender; provided that such approval -shall not be unrea> i ably,Vit331ie1d! All insurance policies and renewals thereof shall be in a form acceptable to Lender and 'shall inclu3'e a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right'to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage,. . PA001242 07-21-97 Mortgage PA _ 01101(IQ . 22 fA `•. ORIGINAL 0 'r. -3- In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof k of lots if not made promptly by 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 6;;Presprvati6n and ,.Maintenance of Pro. Iaaned,,Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment oc,deterioratioq of the Property and shall comply with.the provisions of• any lease if this Mortgage is on a leasehold: If this; MoRgege:is on a unit in a condominium or a planned unit. development, Borrower shall..perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned.unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action'or proceeding is commenced which materially effects Lenders interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including ressonable.attorneys' fees, and take such action is is necessary to protect Lender's interest. . Any amounts disbursed by Lender pursuant to this paragraph. 7, with interest thereon, at the contract rate, shall become' additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other arms of payment; ''suchramount; shall be:payable:upon no ticp;from.14n4er to.Borrower requesting ayment'thercof: Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. S. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. 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; subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. .10. Borrower Not Aeleased;.Forbearence. By.Lender..Not a Waiver. Extension of the time Ior payment or modification •of amortization of.the sums.secured;by..this. Mortgage granted by Lenderto.:any successor in interest of payment or, otherwiso.Modiify amortization,of; the:sums.sacu;ed.,by.this Mortgage,by,reasop. of any deipend made;by the,original.Borrower.and Borrci ieN successors.. in.intere'st.,Any..forbes Ance by. Lender. in excrcising.any,.rlgbt.or remedy hereunder,. or otherwise afforded by.applicable law, shall not be a waiver of or preclude the exercise•of any such right or . remedy. 11. Successors and. Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to, mortgage, grant and convey that Borrower's interest in the Property to Lender.under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any others accommodations; with, regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. .. 12. 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 delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this • Mortgage shall be deemed to have been given.to Borrower.or Lender when given in the manner designated .herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the iaws`of the jurisdiction in which the.Property is located., The foregoing sentence shall not Itmit.the applicability of,Pederal law to this Mortgage. In ilia. evenf that any provision of clause of.this Mortgai;6* the. Note conflicts with appltcabl'eaaw; .quch conflict sliall'not affect other provisions of this Mortgage or the' Note which ban tie' given' effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be,severable. As used herein, "costs,". "expenses". and "attorneys' fees" include all sums to the extent not prohibited by applicable law.or limited herein. 14. Borrower's Copy. Borrower shall'be.furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordat`o?hereoF. 07-21'97 Mortgage PA OR101NAL` .. .. I??IIIII?I?InI?nII?gV?III??III'Iml??llplll?l??llll llllllll PA001443 pood=Pa>;E,,4f %' tl LI 'q u W1 III II I' ?g -4- 15. Rehabilitation Loan Agreement. Borrower shall 'fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Utter„ alt- Lender's option; may requira;Borrower to execute and deliver to Lender, in a form acceptable to'Under, an assignment of any rights, claims or edeferises which Borrower may have against parties who supply .labor, materials or'.services in .. , . connection with.,kmproyernents made to,the Property. 16. Transfer of the Property, If•. $orrower sells or.transfers all. or any,part •,of, the Property or an interest therein, excluding' (a) the creation of -a lien or encumbrance subordinate to this! Mortgage, '(b)" a irsnsfer' by'dedise, descent, or by operation of law upon the.death of a jpint.tanaat,.,(c),the grant of any leasehold interest of three years or leas. not containing, an option' to'..purchase,'(d)'t3iebr6atiori"of a.'purcAesa money security interest for household appliances, (e) a transfer to-a. relative'resulting'frorii• -the death' of a Borrower,(f) a traoster where the spouse or children of the Borrower become an owner of thetproperty, (g) 'a trarisfer'resulting from a decree of. dissolution of marriage, legal separation agreement, onfrom an incidental.property settlement agreement, by which.the spouse of the Borrower becomes an owner;of'the'property, (h) a transfer into an inter vivos trust in which the:Borrdwer is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Honig Loan: Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee is if a. new loan were being made to the transferee Borrower will continue to be obligated under the Note 'ead this Mortgage unless Lender'releases Borrower m writing , ; • . c .. , df endWddis*6 t•kgfe6,to su6h-sale or transfer,"bender may,declare?alfdf 1Ye`su'm6s'ecurZd'by'this Mdrfgage to be immediately due and payable. It Lender exercises such option,to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the daib the notice is mailed or delivered within Aich Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any i&iiedjes permitted by paragraph .17 hereof; NON-LWJFOPM COVENANTS. Borrower and Lender further, covenant and agiee'asfollows: 17. Acceleration; Remedies. Except- as provided'in paragraph 16 hereof, upon Bo'rrower's breach of any covenantor agreemeat of. Borrower. in.this Mortgage; including''the .covenants to pay when due any satins secured by this Mortgage; Lender prior to acceleration shall give notice to Borrower as provided in "piirdgraPh 12 he;eof specifying (1) the breach; (2) the action requtFed to dare sauctt *bAChS 13), a ;datd-not 'ch le'ab-11 ri'30'd'ays from thi' ate the notice is marled-to°Borrower, by whl - nct br ch`mlist'beroua'ed;:and (4) that fai1ure°t& 4flR('Such brea6h•pn or before the data S'p'ecified. inltlte- oYica ma trba?ilf• rn a1 celeratton of the sums secured by this 'Mortgage;`foreelosure, h ' di ' 1 d' and sale of the Pro art The notice;sh'ell futf>xer'irifor'm"Bdiiower"of•the right.to'r foreclosure proceeding-the noacxisteuce of a default foreclosure. If the breach .is not cured on or; before option; may declare all of the sums secured by this further demand and may foreclose this Mortgage by. in such proceeding all eiipensea of foreclosure, includ costs of documentary evidence, abstracts and title rep y in c>.a procea mg, p y. oinstate aftet:acceleration.and the right to assert in`the or any. other.defense of Borrower to acceleration and the date specified in the notice, Lender, at Lender's Mortgage' td be immediately due and'payable without judicial proceeding. Lender shall. be entitled to collect ing, but not limited to, reasonable attorneys' fees and ill Borrower's Right;to. Reinstate; Notwithstanding Lender's acceleration of the gums'by. this Mortgage due, to Borrower's breaohj Borrower shall have the right to have axiy:proceediiigs begun by Lender.,to enforce this Mortgage A iconttiiiue$iat-sny'time prior to'eatry phg judgment enforcing thi5-Mortgiid if;'(s) Bore&6r:'pay'I.Ader all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower. cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Bodoovjen pays all reasonable expenses incurred by Under in. enforcing the covenants and agreements of Borrower,eoi?tairled a ;this Mortgage; and in enforcing Lenders.remidies as`provided ,inparagraph 17, hereof, including, but not'ltmtto?;:fo; reaaoriable'attorneys' fees; and+(d) Borrower takes such action as Lender may reasonably requirb,to a,4ure;that th4ch of this Mortgage; Lender's interest in the: Property and Borrower''s obligation to pay the sums secured by thi9 yvfortgyge shall continue unimpaired. Upon such payment and cure by Borrower; this Mortgage and the o g tfons fr4d hereby shall remain in full force and effect as if no acceleration had occurred. 'j;=f .19.. Assignment- of Rchts;.Appointment. of Receiver. As additional security hereunder;. Borrowen`lircebyya"ssalg$s to Lender the rents of -fhe,Propeity, provided that Borrower:shall, prior to acceleration under paragraph"1R?11Et.a@o> gut abandonment of the Property, have the.right.to collect and retain such rents as,they become dun and payable. rx y,l,+r' '- ''Uponaccele--ration'and's"r"paragraph'7'hereof"or abandonmbnrof'the' Properry, I:eniler'ahall'be"ontitled'tiFMe a receiver appointed by a, court to enter upon; take possession of and manage the Property and to collect the rents of the Property including those past'due All rents collected by the rece(ver sh l be.applied first to payment of the costs of management of the Property and collection of rents, including, but nyt limited ..to,' receivers fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums. ured'by this Mortgage. The receiver shall be liable to account only for those rents actually received: BOOd4PAGE ply PA001244 07-21-97 Mortgage PA OR101ML IIMOMIrill 0 1?BN111111WY All?l lfml()II? i) i?(W ?Y' -5= V. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge -e 16 Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. ' 22. Interest Rate After Judgment. Borrower agrees the interest 'rate payable after a judgment is entered on the Note or in'aniaction of morigageloreclosuieshall bathe rate statedIn the Note• " REQUEST')?OR:NOTICE.OFDEFAULT AND. FORECLOSURE UNDER.SUPERIOR MORTGAGES OR DEEDS OF TRUST ' Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. LUKE ANTHONY<•VA. ORMER Borrower MARSHA 'L VAN-ORMER -Borrower I hereby certify that the precise address of the lender (Mortgagee) is. HOUSEHOLD FINANCE 25 GATEWAY DRIVE: MECHANICSBNRG? PA 1Y055 " . .On.behalf'of,tholsnct BY: MAtf'HiAMkN 'Title: 'RRANCH MANAGER' ,':r.COMMONWTrALTHOFPfrNNSYLVANfAr.,> >-'t.t •Q ?: Countyssi I, ANNE. A STAFFORD a.Notary 'Public in-and.forsaid county and state, do.hereby.c"fg.that. personally known to me to be the same person(s) whose name(s) r+r A . subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that _the? signed and delivered the said instrument as t. h e i r free voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this 171: hday of n F r. FMR FR 1992_. My Commission expires: 07-21-97 Mortgage PA Notary r4tilic This instrument was prepared by. NOTARIAL SEAL A ANNE A. STAFFORD n GJ 0 C PA DOMMISSIONER OF DEEDS iMMISSION EXPIRES APRIL 02, 2001 HOUSEMX 8 F*WQM nnoN 25 Q016" 0"W, 3p 107 .. dd IsWJO .. (Space Below This Line Reseried'Pod Le'nddd end o Return To: Household Finance Corporation BOOK4 ri22PAGE, •.875 577 Lamont Road Elmhurst, IL 60126 PA001245 CR1aINAL I??IYIIIII??IIIIaII1???IIII4111?1a1II11WaII IIAIW WYI???AI :RC,,'"•rt`h`T?',?,v'SJ,4°,?fin??: ?:: .. .,,; State of Penns„'-.9'i County of Cum: iaridl 86 Recorded iri the .0fco for the recording of Deeds ec ndforCumberland County, Paa???,, In Book.???ol.,Pagel witness my hand a d seal of office?Qf Carllsle, M this jfj _ day or 19Q`1 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 SUITE 600 FIRST UNION BUILDING 216 HADDON AVENUE 123 SOUTH BROAD STREET WESTMONT, NJ 08108 PHILADELPHIA, PENNSYLVANIA 19109 (609) 858.7080 (215) 790.1010 FAX (609) 858.7020 TERRENCE J. MCCABE FAX (215) 790.1274 SUITE 5225 500 FIFTH AVENUE NEW YORK, NY 10110 (212)575.1010 FAX (212) 575.2537 March 29, 1999 Luke A. Vanormer 235 Susquehanna Ave. Enola, PA 17025 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THE COMMONWEALTH OF PENNSYLVANIA'S HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ABLE TO HELP YOU. READ THE FOLLOWING NOTICE TO FIND OUT HOW THE PROGRAM WORKS. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificacion obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance EXHIBIT "13" 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 perdida del derecho a redimir su hipoteca. IMPORTANT: NOTICE OF )WNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE TO: Luke A. Vanormer FROM: Terrence J. McCabe, Esquire RE: Premises: 235 Susquehann Ave. Enola, PA 17025 Account Number: 713303-00-963062 You may be elicribie for financial assistance that will 9 v n foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice It contains an explanation of your rights. 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 a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next (30) days.. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of the Household Finance Corporation representative is as follows: T. Teague Household Finance Corporation 961 Weigel Drive Elmhurst, IL 60126 1-800-846-7510, Ext. 6535 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1117.02. That sum includes the following: principal and interest . Your mortgage is also in default for the following reasons: N/A. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked. within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the agency under the eligibility criteria established by the Act. it is extremely important that your application +a accurate and complete in every-respect, The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose." You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice you cannot be foreclosed upon while you are receiving that assistance. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. Very truly yours, PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglesto-,im Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 SUITE 600 FIRST UNION BUILDING 216 HADDON AVENUE 123 SOUTH BROAD STREET WESTMONT. NJ 08108 PHILADELPHIA, PENNSYLVANIA 19109 (609) 858.7080 (215) 790.1010 FAX (609) 858-7020 TERRENCE 1. MCCABE FAX (215) 790.1274 SUITE 5225 500 FIFTH AVENUE NEW YORK, NY 10110 (212) 575-1010 FAX (212) 575-2537 March 29, 1999 Luke A. Vanormer 235 Susquehanna Ave. Enola, PA 17025 NOTICE OF INTENTION TO FORECL OSF NORTGAGE LENDER: Household Finance Corporation ACCOUNT NUMBER: 713303-00-963062 REAL ESTATE: 235 Susquehann Ave. Enola, PA 17025 Dear Luke A. Vanormer : The MORTGAGE held by Household Finance Corporation (hereinafter we, us or ours) on your property located at 235 Susquehann Ave. Enola, PA 17025 IS IN SERIOUS DEFAULT because you have not made the monthly payments of approximately $372.34 for the months of January 1999 through March 1999, and/or because of this failure to remit. Late charges, and other charges have also accrued to this date in the amount of $N/A. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $1117.02. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1117.02 plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made to Household Finance Corporation 961 Weigel Drive Elmhurst, IL 60126 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. Once this matter is referred to me for suit, but you cure the default before I begin legal proceedings against you, you will still have to oay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe, which may also include reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 Foreclosure Sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately 5 months. A notice of the date of the Sheriff 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 will be by calling the following number: 1-800-846-7510, Ext. 6535. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. You 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. (You may have the right to sell or transfer the property subject to the mortgage 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 under the mortgage are satisfied). Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Very truly yours, Tr.9?? -'vim c3? % `NBC C-P-? TERRENCE J. McCABE TJM/ddp SENT VIA CERTIFIED MAIL NUMBER Z 287 837 904 RETURN RECEIPT REQUESTED LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 SUITE 600 FIRST UNION BUILDING 216 HADDON AVENUE 123 SOUTH BROAD STREET WESTMONT, N7 08108 PHILADELPHIA, PENNSYLVANIA 19109 (609) 858-7080 (215) 790.1010 FAX (609) 858-7020 TERRENCE I. MCCABE FAX (215) 790-1274 SUITE 5225 500 FIFTH AVENUE NEW YORK, NY 101 to (212) 575-1010 FAX (212) 575.2537 March 29, 1999 Marsha L. Vanormer 235 Susquehanna Ave. Enola, PA 17025 ACT 91 NOTICE TAKE ACTION TO SANE YOUR HOME FROM FORECLOSURE THE COMMONWEALTH OF PENNSYLVANIA'S HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ABLE TO HELP YOU. READ THE FOLLOWING NOTICE TO FIND OUT HOW THE PROGRAM WORKS. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notificacion en adjunto es de sums. importancia, pues afecta su derecho a continuar viviendo 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 elegible para un prestamo por el programs llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY HE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE TO: Marsha L. Vanormer FROM: Terrence J. McCabe, Esquire RE: Premises: 235 Susquehann Ave. Enola, PA 17025 Account Number: 713303-00-963062 You may be eligible for financial assistance h^ will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please ad all o hia Notice, T contains an A7r)lanation of your rights. 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 a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting mu occur in h next (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of the Household Finance Corporation representative is as follows: T. Teague Household Finance Corporation 961 Weigel Drive Elmhurst, IL 60126 1-800-846-7510, Ext. 6535 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your morrcrag ; in default because you have failed to pay promptly installments of principal and interest. as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1117.02. That sum includes the following: principal and interest . N/A. mortgage is also in default for the following reasons: If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must b filed o It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the agency under the eligibility criteria established by the Act. and complete in every respect The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose." You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice you cannot be foreclosed upon while you are receiving that assistance. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. very truly yours, TERRENCE J. McCABE TJM/ddp PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING 123 SOUTH BROAD STREET PHILADELPHIA, PENNSYLVANIA 19109 (215)790.1010 TERRENCE J. McCABE FAX (215) 790.1274 March 29, 1999 Marsha L. Vanormer 235 Susquehanna Ave. Enola, PA 17025 LENDER: Household Finance Corporation ACCOUNT NUMBER: 713303-00-963062 REAL ESTATE: 235 Susquehann Ave. Enola, PA 17025 Dear Marsha L. Vanormer: SUITE 600 216 HADDON AVENUE WESTMONT,NJ 08108 (609) 858.7080 FAX (609) 858.7020 SUITE 5225 500 FIFTH AVENUE NEW YORK, NY 10110 (212) 575.1010 FAX (212) 575.2537 The MORTGAGE held by Household Finance Corporation (hereinafter we, us or ours) on your property located at 235 Susquehann Ave. Enola, PA 17025 IS IN SERIOUS DEFAULT because you have not made the monthly payments of approximately $372.34 for the months of January 1999 through March 1999, and/or because of this failure to remit. Late charges, and other charges have also accrued to this date in the amount of $N/A. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $1117.02. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1117.02 plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made to Household Finance Corporation 961 Weigel Drive Elmhurst, IL 60126 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. Once this matter is referred to me for suit, but you cure the default before I begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe, which may also include reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 Foreclosure Sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately 5 months. A notice of the date of the Sheriff 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 will be by calling the following number: 1-800-846-7510, Ext. 6535. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. You 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. (You may have the right to sell or transfer the property subject to the mortgage 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 under the mortgage are satisfied). Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Very truly yours, TERRENCE J. McCABE TJM/ddp SENT VIA CERTIFIED MAIL NUMBER Z 287 837 905 RETURN RECEIPT REQUESTED k L k x v l' N ? E ? /!! I lA, i _ EE ,1 t?I?y T? :J1 ? E m E A-2 E N E '8i ?- . 'H6' ( V qq y G ..I ;{fb? F [G ( 19 ?? ,Y Li e S C S f§ !Q f E -9 _ EgE g; OYp 5 8i gd o 'm q g @w$ ? ? cts O cd SL r 5: F OE] Eg?os r 2 n Q o 5 a 1 A - jd- ?? Q] r E W B p ? c $' S ryry L ?. i AZ cv v { i- w S:v 00 c, G ?1 r Cn ?- J C J = J $1 E.$ 2 ( v ?• fJ~ Lr. N V N_ ? ,• ?_^ '.. ' 1, ?_ T -?`ti-1 ? N a LL ' c ?11% . p •eowes 3dpoeb ulniey dulen joj nod Huegl - - 'eoWes ldieoeg uwniey Buren loi nod Muqu- -- - _ T • , VL 8 m i v 6 y; U 13 0 ?C ?fV ?I `-Y 4 q ?2 goo <OO? a;ge & $O0O and a ? x ? 7 ??€ o1d,, 2 m' a? y Q (6 5 a e S % a C6 is 0 dQ x " °- g aR 4 N a$ a S N d °. Zvi d m V) CA vo y o 0 0 CIO IJl vi 16 a y o o,, o 0 o ci CO pJ. vi a a' vi 'D 05 - LepIe ¢sienm eyl uo pejejdwoo'Wgff' [if'pg'1j3g mod sl LepIs esJenei eye uo PC Mel W X00 wo G' Wq R W° fV fA 9 111 I.s. °.y'®Im .w M O 0' r m 00 r b lu N a r Qi (q Ln 0 C N R go W a oa a m 7 4 U7 m i `Y r ro U) C ? X41 e ` lit e `la E W tta c? co wo A cm w° °a c< "'p j 117 li. ?®I Kral s. S O N 11, CC) M1 CO 7U N a ffi S Qa ? V ? 6 t? J v Ili m N r. CN q O 0 (a r, CJ 4 A t0 N bi a V! X U) O i4 N W W @ V ?' 3C ?J ?4 'k ?o ,iu M S Er a M1 d $+ rn (? @ CO c ti N E ? a @ m m q N yy Q q b i 8 aw. iv-? ww -'- ••? Ln O C3 N Er ti M1 d m gV N_n co a° N N n C 7 V1 Ula ? C.i ? ` J , \ ? - - UJ o L7 .. ? J ?-;ail T Q QNb v N CASE NO: 1999-04235 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS. VAN ORMER LUKE ANTHONY ET AL DAWN KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon VAN ORMER LUKE the defendant, at 18:20 HOURS, on the 14th day of July 1999 at 235 SUSQUEHANNA AVE ENOLA, PA 17025 CUMBERLAND County, Pennsylvania, by handing to MARSHA L. VAN ORMER a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Affidavit 9.00 Surcharge 8.00 $$ 'I' oo ate, 5 i CCABE,9WEISBERG & CONWAY 07/16/1 by ?O U311 h Deputy Snerif! Sworn and subscribed o before me this ? day of 19 q A.D. T? c.L L r o ary ?? T? J N SHERIFF'S RETURN - REGULAR CASE NO: 1999-04235 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS. VAN ORMER LUKE ANTHONY ET AL DAWN KELL Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon VAN ORMER MARSHA L the defendant, at 18:20 HOURS, on the 14th day of July 1999 at 235 SUSQUEHANNA AVE ENOLA PA 17025 CUMBERLAND County, Pennsylvania, by handing to MARSHA L. VAN ORMER a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 6.00 Service .00 Affidavit .00 P Surcharge 8.00 X.fTrIiom ine, P ?LL WEISBERG & CONWAY CCABg, 9 07/16/1 by e u y e i Sworn and subscribed o before me this ./()W of ` ucq 19 ;6 A. D. MCCABE, WESSBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Luke Anthony Van Ormer and NUMBER: 99-4235 Marsha L. Van Ormer ASSESSMENT OF D M GEE AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $34,228.15 Interest from 7/9/99 - 8/23/99 S 446.40 TOTAL $34,674.55 TERRENCE J. MCCABE ESQUIRE Attorney for Plaintiff AND NOW, this c(64(1 day of A 6{3u4 , 1999, Judgment is entered in favor of Plaintiff, Household Realty Corporation and against Defendants, Luke Anthony Van Ormer and Marsha L. Van Ormer and damages are assessed in the amount of $ 34,674.55, plus interest and costs. BY THE PROTHONOTARY: O'LLA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Realty Corporation CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Luke Anthony Van Ormer and NUMBER: 99-4235 Marsha L. Van Ormer AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND The undersigned, being duly sworn according to law, deposes and says that the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors, Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Luke Anthony Van Ormer and Marsha L. Van Ormer, are over eighteen (18) years of age, and reside at 235 Susquehanna Avenue, Enola, PA 17025 SWORN TO AND SUBSCRIBED BEFORE ME THIS 0 96?DAY TERRENCE J. McCABE' ESQUIRE OF ?5 , 1999. Attorney for Plaintiff • /vim OTARY PUBLIC NOTAR'4 SEAL QLONA D. 40TCNELL, N AdAe ??e??Yes JuneJune 2. MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Realty Corporation V. Luke Anthony Van Ormer and Marsha L. Van Ormer Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER: 99-4235 Terrence J. McCabe, Esquire, attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letters are attached hereto and marked as Exhibit "A." SWORN TO AND SUBSCRIBED ?? BEFORE ME THIS Z TERRENCE J. MCCAB ESQUIRE DAY Attorney for Plaintiff OF 43?5 ' , 1999. The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERRENCE J. MCCABE, SQ RE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary To: Luke Anthony Van Ormer 235 Susquehanna Avenue Enola, PA 17025 August 5, 1999 HOUSEHOLD REALTY CORPORATION V. LUKE ANTHONY VAN ORMER MARSHA L. VAN ORMER CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 99-4235 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You are in default because you have failed to enter a written appearance personalty or by attorney and file In writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Usted as encuentre an estado de rebeldia par no haber presentado una cocparecencle escrita, ye see parsonalmente o por abogado y par no haber radicado par escrito con este Tribunal sus defenses u objectones a Los reclaws formrulados on contra suyo. Al no Lamar to action debida dentro de diet (10) d(as de to fecha de esto notification, at Tribunal podrs, sin necesidad de comparecer usted an torte u oir preuba alguns, dieter sentencia an su contra y usted podrla perder bienes u otros derechos importantes. Dabs never esta notification a un abogedo Inmediatamente. g( usted no tiene abogado, o of no tiene dlnero suficiente pare tat servicio, vaya en persona a Items par telefono a Is oficina, nombrada pare avertguar at puede conseguir asistencia legal. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Court Administrator Cu Berland County Courthouse Carlisle, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call- Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 EXHIBIT at this telephone number: (215) 7 TJM/gm OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary To: Marsha SL. Van Oro" usquehanna Avenue 235 Enola, PA 17025 HOUSEHOLD REALTY CORPORATION V. LUKE ANTHONY VAN ORMER MARSHA L. VAN ORMER August 5, 1999 CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 99-4235 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to 'enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against YOU- Unless you act within ten (1o) days from the date of this notice, e judgment may be entered against you without is hearing and You nay lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: NOTIFICACION IMPORTANTE listed se encuentre an estedo do reebotdiaacrtta, no heber presentoda Una comps ya sea personatmente o par abogado y par no hater radicado par escrlto can sate Tribunal cue defenses u objeciones a toe reclemos fornulados an contra suyo. Al no tamer to action deblds dentro de diez (10) dies de Is fecha de ests notificacion, at Tribunal podu , usted an ,in necesidad de compareae air preube olgune, dicier sentencia an su contra y listed podris perder bienes u otros derechos importentes. Cabe Never sate notification a un ebogado inmediatamente. gi usted no tiene ebogedo, o si no tlenne dinero suficiente pare tat servicio, vaya persona a (tame par telefono ai,oiambbrada pare averiguer si puede consegulr as legal. Court Administrator court Administrator Cumberland county courthouse cumberland County Courthouse Carlisle, PA 17013 Carlisle, PA 17013 (717) 240.6200 (717) 240•6200 concerning this notice, please call: if you have any questions Terrence J. McCabe, Esquire MCCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, suite 2080 Philadelphia, Pennsylvania 19109 fe w ?? at this telephone number- (2 L^] TJM/9M bNobal' OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Luke Anthony Van Ormer 235 Susquehanna Avenue Enola, PA 17025 Household Realty Corporation V. Luke Anthony Van Ormer and Marsha L. Van Ormer CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER: 99-4235 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary _x Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J- McCabe sguire at (21c;) 7 0-1010 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Marsha L. Van Ormer 235 Susquehanna Avenue Enola, PA 17025 Household Realty Corporation V. Luke Anthony Van Ormer and Marsha L. Van Ormer NOTICE CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER: 99-4235 Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary x Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Vo ut!.? CV U•' T C=r. •.D jL U; V, a-, :?[? `tom a v IN THE COURT OF CM44ON PIERS OF C MMEAND COUNTY, PENNSYI,VAIIIA CIVIL DIVISION HOUSEHOLD REALTY CORPORATION File No. 99-4235 Amount Due $.44_F 74 SS V. Interest from 8/24/99 LUKE ANTHONY VAN ORMER and Atty's Come MARSHAL. VAN ORMER : Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECIfl'ION Issue writ of execution in the above otter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the- defendant(s) 235 Susquehanna Avenue, Enola, PA 17025 (See attached description). PRAECIPE FOR ATTACHIMU EXB=ON Issue writ of attachment to the Sheriff of N/A County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: G0 Signature: J..l! N.?-lrrv /I?l .tlq Print Name: Terrence J.'McCabe, Esquire 123 S. Broad St., Suite 2080 Address: v,t;, FA igloo (215) 790-1010 Attorney for: Plaintiff Telephone: Supreme Court ID No.: 16496 . -Jr/w/I:A1 f Notes: If real property, supply six copies of description including improvemnts and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ALL THAT CERTAIN piece or parcel of land, situate In East Pennaboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to-wit: BEGINNING at a point In the southerly line of Susquehanna Avenue at the distance of 430 feet measured eastwardly along said line of Avenue from the northeasterly extremity of the arc or curve having a radius of 10 feet connecting the easterly line of Wyoming Avenue with the said line of Susquehanna Avenue; extending thence eastwardly along said line of Susquehanna Avenue, on a line curving toward the right with a radius of 226 feet, a distance of 60 feet; thence South 48 degrees 53 minutes 4 seconds West 140.053 feet; thence North 74 degrees 52 minutes 31 seconds West 23.344 feet; thence passing through the middle of the party wall between the house on the lot adjoining on the West, North 31 degrees 36 minutes 20 seconds East 149.677 feat to the place of Beginning. BEING known and numbered as 235 Susquehanna Avenue, Enola, Pennsylvania. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditlons, and rights of ways of record or visible upon inspection of premises. TOGETHER with'all and singular, the tenements, hereditements and appurtenances to the same belonging or in anywise appertaining. Parcel # 09-14-0832-081 Being known as 235 Susquehanna Avenue, Enola, FA 17025. improvements 'consist of a single family dwelling. (P) r I C%J O U cz? W d o- J MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Luke Anthony Van Ormer and NUMBER: 99-4235 Marsha L. Van Ormer AFFIDAVIT PURSUAN'T' TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 235 Susquehanna Avenue, Enola, PA 17025, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner (a) or Reputed Owner(s): Name Luke Anthony Van Ormer Marsha L. Van Ormer Address 235 Susquehanna Avenue Enola, PA 17025 2. Name and address of Defendant (a) in the judgment: Name Luke Anthony Van Ormer Marsha L. Van Ormer Address 235 Susquehanna Avenue Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Mellon Bank, N.A., as Successor Trustee for Pa. Housing Finance Agency Address P.O. Box 13834 Phila., PA 19101 Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address 7i:s Occupant(s) 235 Susquehanna Avenueu Enola, PA 17025 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. U DATE TERRENCE J. cCABE, ESQUIRE Attorney fo Plaintiff ALL THAT CERTAIN piece or parcel of land, situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to-wit: BEGINNING at a point in the southerly line of Susquehanna Avenue at the distance of 430 feet measured eastwardly along said line of Avenue from the northeasterly extremity of the arc or curve having a radius of 10 feet connecting the easterly line of Wyoming Avenue with the said line of Susquehanna Avenue; extending thence eastwardly along said line of Susquehanna Avenue, on a line curving toward the right with a radius of 225 feet, a distance of 80 feet; thence South 48 degrees 53 minutes 4 seconds West 140.053 feet; thence North 74 degrees 52 minutes 31 seconds West 23.344 feet; thence passing through the middle of the party wall between the house on the lot adjoining on the West, North 31 degrees 30 minutes 20 seconds East 149.877 feet to the place of Beginning. BEING known and numbered as 235 Susquehanna Avenue, Enola, Pennsylvania. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights of ways of record or visible upon inspection of premises. TOGETHER with all and singular, the tenements, hereditaments and appurtenances to the same belonging or In anywise appertaining. Parcel # 09-14.0832-081 Being known as 235 Susquehanna Avenue, Enola, PA 17025. Improvements consist of a single family dwelling. ?- a' ? ?? ;_= ic_? cV ij?-f u ?,=: _ ._ ?,?« n ?: .?n ? - ? ti ?, u?, ? -? v t'.. iU -. o U Y MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Luke Anthony Van Ormer and NUMBER: 99-4235 Marsha L. Van Ormer AFFIDAVIT OF SERVrrF I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 13th day of January, 2000, a true and correct copy of the Notice of Sheriff's Sale of Peal Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS /,341, DAY OF nary , 2000. TERRENC J. M 08E, E QUIRS? E t!0TAr biL iCnl MITCHELL. Nolan PUghC 'Maaelphin, Ph0a County I McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Luke Anthony Van Ormer and NUMBER: 99-4235 Marsha L. Van Ormer AFFIDAVIT PURSUANT TO RULE 3129 d I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 235 Susquehanna Avenue, Enola, PA 17025, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of owner (s) or Reputed Owner(s): Name Luke Anthony Van Ormer Marsha L. Van Ormer Address 235 Susquehanna Avenue Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Luke Anthony Van Ormer Marsha L. Van Ormer Address 235 Susquehanna Avenue Enola, PA 17025 ? I"1 os=N r 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Mellon Bank, N.A., as Successor Trustee for Pa. Housing Finance Agency Address P.O. Box 13834 Phila., PA 19101 Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Occupant(s) Address 235 Susquehanna Avenue Enola, PA 17025 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE TERRENCE J. cCABE, ESQUIRE Attorney fo Plaintiff ALL THAT CERTAIN piece or parcel of land, situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to-wit: BEGINNING at a point In the southerly line of Susquehanna Avenue at the distance of 430 feet measured eastwardly along said line of Avenue from the northeasterly extremity of the arc or curve having a radius of 10 feet connecting the easterly line of Wyoming Avenue with the said line of Susquehanna Avenue; extending thence eastwardly along said line of Susquehanna Avenue, on a line curving toward the right with a radius of 225 feet, a distance of 80 feet; thence South 48 degrees 63 minutes 4 seconds West 140.063 feet; thence North 74 degrees 52 minutes 31 seconds West 23.344 feet; thence passing through the middle of the party wall between the house on the lot adjoining on the West, North 31 degrees 36 minutes 20 seconds East 149.677 feet to the place of Beginning. BEING known and numbered as 235 Susquehanna Avenue, Enola, Pennsylvania. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights of ways of record or visible upon Inspection of premises. TOGETHER with all and singular, the tenements, hereditaments and appurtenances to the same belonging or in anywise appertaining. Parcel # 09-14-0832-081 Being known as 235 Susquehanna Avenue, Enola, PA 17025. Improvements consist of a single family dwelling. 9 EX01 N A r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Realty Corporation V. Luke Anthony Van Ormer and Marsha L. Van Ormer DATE: January 13, 2000 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER: 99-4235 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) : Luke Anthony Van Ormer and Marsha L. Van Ormer PROPERTY: 235 Susquehanna Avenue, Enola, PA 17025 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on June 7, 2000, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may have an interest in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. PO VIA 1 'T "B" j_ . O o ?Wm g tlF it LL . t $$? B is gi l _ a i 5y Wj m ffi'?g 7 Q `\ ?Cl tY F c l ?1ON ?Q5 8 N N u u u 2 m y to m ro N q d w d a a z ? co co o q % L c o' Rdi $ ?' 0 PA O W ro 7 M r-?i NW .' rym d O ?y O 0 s„ Z' > pp ?gc CC [Uws 5 E Z=? ? yy y S 4 N N C N W IN, c0 O O N M K y 5 r7 A 9 r A 2 N li a _9 IIBW o1g9junooob aoj Q% (Y? cl? " 1 (7 . 1_ . J U L E McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Realty Corporation CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Luke Anthony Van Ormer and NUMBER: 99-4235 Marsha L. Van Ormer NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Luke Anthony Van Ormer Marsha L. Van Ormer 235 Susquehanna Avenue Enola, PA 17025 Your house (real estate) at 235 Susquehanna Avenue, Enola, PA 17025 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on June 7, 2000 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $34,674.55 obtained by Household Realty Corporation against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Household Realty Corporation the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU KAY TT L BF LE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RTnHTS EVEN TV TH H ETFEIS SALE DOES TAKE PLACR 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR Ak DER AT ONCE IF YOU DO NOT gA A AWYER OR^•OT AFFO Oh GO TO OR TELEPHONE IRS OFFICE T. OUT WHERE YOU CATQ G T OAL FiE! F? LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ALL THAT CERTAIN piece or parcel of land, situate In East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, towyit: BEGINNING at a point In the southerly line of Susquehanna Avenue at the distance of 430 feet measured sastwardly along said line of Avenue from the northeasterly extremity of the arc or curve having a radius of 10 feet connecting the easterly line of Wyoming Avenue with the said line of Susquehanna Avenue; extending thence eastwardly along said line of Susquehanna Avenue, on a line curving toward the right with a radius of 226 feet, a distance of 60 feet; thence South 46 degrees 63 minutes 4 seconds West 140.063 feet; thence North 74 degrees 62 minutes 31 seconds West 23:344 feet; thence passing through the middle of the party wall between the house on the lot adjoining on the West, North 31 degrees 36 minutes 20 seconds East 149.677 feet to the place of Beginning. BEING known and numbered as 236 Susquehanna Avenue, Enola, Pennsylvania UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights of ways of record or visible upon inspection of promises. TOGETHERwith'ell and singular, the tenements, hereditaments and appurtenances to the same belonging or In anywise appertaining. Parcel # 09-14-0832-081 Being known'as 235 Susquehanna'AVenue, Enola, PA 17025. Improvements 'consist of a single family dwelling. E cl P ? .f N i)=? CT% ?' v Household Realty Corporation -vs- Luke Anthony Van Ormer and Marsha L. Van Ormer In the Court of Common Pleas of Cumberland County, Pennsylvania No. 99-4235 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 1,83 Law Library .50 County 1.00 Mileage 9,92 Levy 15.00 Postpone Sale 20.00 Surcharge 30.00 $ 108.25 Pd By atty 3-15-00 Sworn and subscribed to before me This /9 M day of W ««4? 1999, A.D. r ?1 'S of ionotary So answers: R. Thomas Kline, Sheriff BY&" '44?o Real Estate Deputy RW 9? ?'s"/ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Luke Anthony Van Ormer and NUMBER: 99-4235 Marsha L. Van Ormer AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 235 Susquehanna Avenue, Enola, PA 17025, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of owner (s) or Reputed Owner(s): Name Luke Anthony Van Ormer Marsha L. Van Ormer Address 235 Susquehanna Avenue Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Luke Anthony Van Ormer Marsha L. Van Ormer Address 235 Susquehanna Avenue Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Mellon Bank, N.A., as Successor Trustee for Pa. Housing Finance Agency Address P.O. Box 13834 Phila., PA 191ol Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Occupant(s) 235 Susquehanna Avenue Enola, PA 17025 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE TERRENCE J. cCABE, ESQUIRE Attorney fo Plaintiff ALL THAT CERTAIN piece or parcel of land, situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to-wit: BEGINNING at a point in the southerly line of Susquehanna Avenue at the distance of 430 feet measured eastwardly along said line of Avenue from the northeasterly extremity of the arc or curve having a radius of 10 feet connecting the easterly line of Wyoming Avenue with the said line of Susquehanna Avenue; extending thence eastwardly along said line of Susquehanna Avenue, on a line curving toward the right with a radius of 225 feet, a distance of 60 feet; thence South 46 degrees 53 minutes 4 seconds West 140.053 feet; thence North 74 degrees 52 minutes 31 seconds West 23.344 feet; thence passing through the middle of the party wall between the house on the lot adjoining on the West, North 31 degrees 36 minutes 20 seconds East 149.677 feet to the place of Beginning. BEING known and numbered as 235 Susquehanna Avenue, Enola, Pennsylvania. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights of ways of record or visible upon Inspection of premises. TOGETHER with all and singular, the tenements, hereditaments and appurtenances to the same belonging or in anywise appertaining. Parcel # 09-14-0832-081 Being known as 235 Susquehanna Avenue, Enola, PA 17025. Improvements consist of a single family dwelling. ` IBI e? ?? J MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Realty Corporation CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Luke Anthony Van Ormer and NUMBER: 99-4235 Marsha L. Van Ormer NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Luke Anthony Van Ormer Marsha L. Van Ormer 235 Susquehanna Avenue Enola, PA 17025 Your house (real estate) at 235 Susquehanna Avenue, Enola, PA 17025 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on June 7, 2000 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $34,674.55 obtained by Household Realty Corporation against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Household Realty Corporation the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE To qAVE- YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFFS SA DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUB-BERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ALL THAT CERTAIN place or parcel of land, situate in East Pennaboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to-wit BEGINNING at a point in the southerly line of Susquehanna Avenue at the distance of 430 feet measured eastwardly along said line of Avenue from the northeasterly extremity of the arc or curve having a radius of 10 feet connecting the easterly line of Wyoming Avenue with the said line of Susquehanna Avenue; extending thence eastwardly along said line of Susquehanna Avenue, on a line curving toward the right with a radius of 226 feet, a distance of 60 feet; thence South 46 degrees 63 minutes 4 seconds West 140.053 feet; thence North 74 degrees 62 minutes 31 seconds West 23.344 feet; thence passing through the middle of the party wall between the house on the lot adjoining on the West, North 31 degrees 36 minutes 20 seconds East 149.677 feet to the place of Beginning. BEING known and numbered as 235 Susquehanna Avenue, Encla, Pennsylvania. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions, and rights of ways of record or visible upon Inspection of premises. TOGETHER with all and singular, the tenements, hereditaments and appurtenances to the same belonging or in anywise appertaining. Parcel # 08-14-0832-081 Being known as 235 Susquehanna Avenue, Enola, PA 17025. Improvements consist of a single family dwelling. OFFlf:l r,- Jae ZO 3 40 f li '00 fT- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-4235 CIVIL Term COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF 1 and COUNTY: To satisfy the debt, interest and costs due Household Realty Corporation PLAINTIFF(S) from Luke Anthony Van Ormer and Marsha L. Van Ormer, 235 Susquehanna Avenue, Enola, PA 17025 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sefl_See Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If properlyof thedefendant(s) not levied upon an subject to attachment isfound Inthe posssiiision of anyoneother than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $34,674.55 L.L. $.50 Interest from 8/24/99 Due Prothy $1.00 Atty's Comm % Other Costs Atty Paid $121.92 Plaintiff P Date: January 19, 2000 REQUESTING PARTY: Name Tesranee J ahe,-Rgq Address: 123 Broad St., Suite 2080 Attorney for: Philadelphia, PA 19109 Plaintiff Telephone: 215-790-1010 Curtis R. Long Prorhonotar?y, Civil Division 6 Deputy Supreme Court ID No. 16496 REAL ESTATE SALE NW uno ...?. A/I A--v the sheriff levied upon the defendani6 Interest In the real property situated in F. g &234 Cumberland County, Pa., known and numbered as: a.s frr.?.` and more fully described on Exhibit "A" filed with Fla- this writ and by this reference incorporated herein. Pate. By: oa, ?_?> >.? ? oz knr